No. 02-

IN THE 

SUPREME COURT OF THE UNITED STATES 

OCTOBER TERM, 2002 

REPUBLICAN NATIONAL COMMITIEE, ET AL., 

Appellants, 

v. 

FEDERAL ELECTION COMMISSION, ET AL., 

Appellees. 

ON APPEAL FROM THE UNITED STATES DISTRICT 

COURT FOR THE DISTRICT OF COLUMBIA 

JURISDICTIONAL STATEMENT 

THOMAS J. JOSEFIAK 

CHARLES R. SPIES 

REPUBLICAN NATIONAL 

COMMITTEE 

310 First Street, S.E. 

Washington, D.C. 20003 

(202) 863-8500 

MICHAELA. CARVIN 

JONES DAY REA VIS & 

POGUE 

51 Louisiana Ave., N.W. 

Washington, D.C. 20001 

(202) 879-3939 

BOBBY R. BURCHFIELD 

Counsel of Record 

THOMAS 0. BARNETT 

ROBERT K. KELNER 

COVINGTON & BURLING 

1201 Pennsylvania Ave., N.W. 

Washington, D.C. 20004 

(202) 662-6000 

BENJAMIN L. GINSBERG 

PATTON BOGGS LLP 

2550 M Street, N.W. 

Washington, D.C. 20037 

(202) 457-6000 

Counsel for RNC Appellants 
QUESTIONS PRESENTED 

1. Do the restrictions imposed upon national, state, 

and local political parties by Title I of the Bipartisan 

Campaign Reform Act of 2002 ("BCRA") violate Article I, 

Section 4 of the U.S. Constitution, the First, Fifth, and Tenth 

Amendments, and principles of federalism? 

2. Does BCRA's requirement that the Federal 

Election Commission promulgate a definition of 

"coordination" that does not require proof of an "agreement" 

violate the First Amendment? 

3. Do BCRA's "Millionaires Provisions," which 

requires political parties to provide different treatment to 

similarly situated candidates, violate the equal protection 

components of the First and Fifth Amendments? 
ii 

PARTIES TO THE PROCEEDING 

Appellants represented in this Jurisdictional 

Statement are the Republican National Committee ("RNC"); 

Robert Michael Duncan, former Treasurer, current General 

Counsel, and Member of the RNC; the Republican Party of 

Colorado; the Republican Party of New Mexico; the 

Republican Party of Ohio; and the Dallas County (Iowa) 

Republican County Central Committee (collectively, the 

"RNC Appellants"). All of the RNC Appellants were 

plaintiffs below, in Republican National Committee v. FEC, 

No. 02-87 4, which was consolidated by the district court 

around McConnell v. FEC, No. 02-582, along with nine other 

related actions. 

The following were also plaintiffs in the consolidated 

actions below, including several who withdrew before the 

three-judge court issued its opinion: 

McConnell v. FEC, No. 02-582: United States 

Senator Mitch McConnell, United States Representative 

Mike Pence and former Representative Bob Barr, Alabama 

Attorney General Bill Pryor, Libertarian National 

Committee, Inc., Alabama Republican Executive Committee 

(withdrawn), Libertarian Party of Illinois, Inc. (withdrawn), 

DuPage Political Action Council (withdrawn), Jefferson 

County Republican Executive Committee (withdrawn), 

American Civil Liberties Union, Associated Builders and 

Contractors, Inc., Associated Builders and Contractors 

Political Action Committee, Center for Individual Freedom, 

Christian Coalition of America, Inc. (withdrawn), Club for 

Growth, Indiana Family Institute, National Right to Life 

Committee, Inc., National Right to Life Educational Trust 

Fund, National Right to Life Political Action Committee, 

National Right to Work Committee, 60-Plus Association, 

Inc., Southeastern Legal Foundation, Inc., U.S. English d/b/a/ 
iii 

ProENGLISH, Martin Connors (withdrawn), Thomas 

Mcinerney, Barrett Austin O'Brock, Trevor Southerland. 

National Rifle Ass'n v. FEC, No. 02-581: National 

Rife Association of America ("NRA"), NRA Political 

Victory Fnnd. 

Echols v. FEC, No. 02-633: Emily Echols, Hannah 

McDow, Jessica Mitchell, Daniel Solid, Zachary White, 

Reverend Patrick Mahoney. 

Chamber of Commerce v. FEC, No. 02-751: Chamber 

of Commerce of the United States, U.S. Chamber Political 

Action Committee, National Association of Manufacturers, 

National Association of Wholesaler-Distributors 

(withdrawn). 

National Ass 'n of Broadcasters v. FEC, No. 02-753: 

National Association of Broadcasters. 

AFL-CIO v. FEC, No. 02-754: AFL-CIO, AFL-CIO 

Committee on Political Education and Political 

Contributions. 

Paul v. FEC, No. 02-781: United States Congressman 

Ron Paul, Gun Owners of America, Inc., Gun Owners of 

America Political Victory Fund, Realcampaignreform.org, 

Citizens United, Citizens United Political Victory Fund, 

Michael Cloud, Clara Howell. 

California Democratic Party v. FEC, No. 02-875; 

California Democratic Party, Art Torres, Yolo County 

Democratic Central Committee, California Republican Party, 

Shawn Steel, Timothy Morgan, Barbara Alby, Santa Cruz 

County Republican Central Committee, Douglas Boyd, Jr. 
iv 

Adams v. FEC, No. 02-877: Victoria Jackson Gray 

Adams, Carrie Bolton, Cynthia Brown, Derek Cressman, 

Victoria Fitzgerald, Anurada Joshi, Peter Kostmayer, Nancy 

Russell, Kate Seely-Kirk, Rose Taylor, Stephanie Wilson, 

California Public Interest Research Group ("PIRG"), 

Massachusetts PIRG, New Jersey PIRG, United States PIRG, 

The Fannie Lou Harner Project, Association of Community 

Organizers for Reform Now. 

Thompson v. FEC, No. 02-881: United States 

Representatives Bennie Thompson and Earl Hilliard. 

Appellee Federal Election Commission ("FEC"), 

which filed a Notice of Appeal on May 2, 2003, was a 

defendant below in the Complaint filed by the RNC 

Appellants. Appellees United States Department of Justice 

("DOJ"), United States Senators John McCain, Russell 

Feingold, Olympia Snowe, and James Jeffords, and United 

States Representatives Martin Meehan and Christopher 

Shays were defendant-intervenors below. They filed Notices 

of Appeal on May 5, 2003. Additional defendants named by 

other plaintiffs in the consolidated actions below were: the 

Federal Communications Commission, Attorney General of 

the United States John Ashcroft, and the United States of 

America, who filed a Notice of Appeal on May 5, 2003; and 

FEC Commissioners David Mason, Karl Sandstrom (since 

replaced by Ellen Weintraub), Danny McDonald, Bradley 

Smith, Scott Thomas, and Darryl Wold (since replaced by 

Michael Toner), who filed a Notice of Appeal on May 12, 

2003. 
v 

TABLE OF CONTENTS 

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

PARTIES TO THE PROCEEDING ...................................... ii 

TABLE OF CONTENTS ....................................................... v 

TABLE OF AUTHORITIES ................................................ vii 

JURISDICTIONAL STATEMENT ....................................... ! 

OPINIONS BELOW .............................................................. 1 

JURISDICTION ..................................................................... ! 

CONSTITUTIONAL AND STATUTORY 

PROVISIONS INVOLVED ........................................... ! 

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

The Statute at Issue ................................................................. 2 

The Court Challenge .............................................................. 4 

The District Court Decision ................................................... 6 

THE QUESTIONS PRESENTED ARE 

SUBSTANTIAL ............................................................. 9 

I. Title I Is Unconstitutional in Its Entirety ...................... 10 

A. The Constitution Does Not Empower Congress To 

Regulate State and Local Elections .......................... 10 

B. Title I of BCRA Denies Political Parties Equal 

Protection of the Laws .............................................. !! 

C. Title I ofBCRA Violates Political Parties' Rights to 

Free Speech and Association .................................... 12 
vi 

II. BCRA Imposes a Definition of "Coordination" that 

Violates the First Amendment... ................................... 15 

III. BCRA's "Millionaire's Provisions" Deny Political 

Parties Equal Protection of the Laws ........................... 16 

CONCLUSION .................................................................... 17 
VII 

TABLE OF AUTHORITIES 

Cases: 

Aptheker v. Secretary of State, 378 U.S. 500 (1964) ............. 14 

Buckley v. Valeo, 424 U.S. I (1976) .................... ....... passim 

Clark v. Jeter, 486 U.S. 456 (1988) ................................. II 

Colorado Republican Federal Campaign Committee 

v. FEC, 318 U.S. 604 (1996) ........................... 6, 15 

FEC v. Colorado Republican Fed. Campaign Comm., 

333 u.s. 888 (2001) ........................................ 15 

FEC v. National Conservative Political Action 

Committee, 470 U.S. 480 (1985) ......................... 13 

Oregon v. Mitchell, 400 U.S. 112 (1970) .......................... 11 

Police Dep 't of City of Chicago v. Mosley, 

408 u.s. 92 (1972) .......................................... 11 

Schaumburg v. Citizens for a Better Environment, 

444 u.s. 620 (1980) ....................................... .12 

Tashjian v. Republican Party of Connecticut, 

479 u.s. 208,217 (1986) .................................. 11 

Constitution, Statutes, Regulations: 

U.S. Const.: 

Art. I, § 4 ............................................... .i, I, 10 

Amend. 1.. .............................................. passim 

Amend. V .................................................. .i, 2 

Amend. X ................................................... i, 2 

Bipartisan Campaign Reform Act of 2002, Pub. L. No. 107-155, 

116 Stat. 81 

Section IOI(a) ................................................ 2 

Section 213 ............................................... .4, 9 

Section 214 ......................................... 14, 15, 16 

Section 304 .............................................. .4, 16 

Section 319 .............................................. .4, 16 

Section 403(a)(l) .......................................... l, 5 

Section 403(a)(3) .......................................... 1, 5 

Federal Election Campaign Act of 1971,2 U.S.C. § 431 et seq. 

Section 301(20)(A)(iii) .................................... 8 

Section 323(a) ...................................... ... .passim 

Section 323(b) .......................................... passim 
viii 

Section 323(b )(2)(B)(iv) ................................... .4 

Section 323(c) ................................................ 6 

Section 323(d) ............................................. 7, 8 

Section 323(e) ............................................. 7, 8 

Section 323(!) ............................................. 7, 8 

28 u.s.c. § 1253 ........................................................ 1 

28 u.s.c. § 2284 ....................................................... .! 

Miscellaneous: 

148 Cong. Rec. H408-09 (daily ed. Feb. 13, 2002) ............... 14 

67 Fed. Reg. 49064 (July 29, 2002) .................................. 3 
1 

JURISDICTIONAL STATEMENT 

OPINIONS BELOW 

The opinions of the district court are reported at 2003 

WL 2010983, 21003118, 21003103, and 21003124 (D.D.C. 

May 1, 2003). Pursuant to the Court's Order of May 15, 

2003, RNC Appellants anticipate filing a jointly prepared 

appendix containing the opinions of the district court. 

JURISDICTION 

The decision of the district court was issued on May 

2, 2003, by a three-judge court convened pursuant to 28 

U.S.C. § 2284 and Section 403(a)(l) of the Bipartisan 

Campaign Reform Act of 2002, Pub. Law No. 107-155, 116 

Stat. 81 ("BCRA"). The RNC Appellants filed their Notice 

of Appeal from the decision of the three-judge court on May 

7, 2003. App. 1 a. This Court has jurisdiction under 28 

U.S.C. § 1253 and Section 403(a)(3) ofBCRA. 

CONSTITUTIONAL AND STATUTORY PROVISIONS 

INVOLVED 

Article I, Section 4 of the United States Constitution 

provides in pertinent part: 

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 

any time by Law make or alter such 

Regulations, except as to the Places of 

choosing Senators .... 

The First Amendment to the United States 

Constitution provides in pertinent part: 

Congress shall make no law . . . abridging the 

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

of the people peaceably to assemble, and to 
2 

petition the Government for a redress of 

grievances. 

The Fifth Amendment to the United States 

Constitution provides in pertinent part: 

No person shall . . . be deprived of life, 

liberty, or property, without due process of 

law .... 

The Tenth Amendment to the United States 

Constitution provides: 

The powers not delegated to the United States 

by the Constitution, nor prohibited by it to the 

States, are reserved to the States respectively, 

or to the people. 

The full text ofBCRA is reprinted at App. 3a-77a. 

STATEMENT OF THE CASE 

BCRA was signed into law on March 27, 2002, and 

became effective on November 6, 2002. Although BCRA's 

provisions are divided among five titles, the RNC Appellants 

chiefly challenge Title I, which targets political parties. 

The Statute at Issue 

For the first time in American history, Congress has, 

through Title I of BCRA, attempted to regulate the activities 

of political parties that affect only state and local elections. 

New Federal Election Campaign Act ("FECA") Section 

323(a), created by Section lOl(a) ofBCRA, broadly and with 

no exceptions prohibits the RNC and other national political 

party committees from soliciting, receiving, directing, 

transferring, or spending "any funds" that do not fully 

comply with FECA. This is the so-called "soft money ban" 
3 

touted by proponents as the centerpiece of the statute.1 To 

take but one example, Section 323(a) makes it a felony for 

the Chairman of the RNC to send a fundraising letter on 

behalf of a gubernatorial candidate. 

Whereas Section 323(a) is an all-encompassing 

prohibition with no exceptions, new Section 323(b) is a 

convoluted -- and unsuccessful -- attempt to avoid 

trespassing on state sovereignty while imposing extensive 

federal regulation on state and local political parties. It 

prohibits state and local parties from using state-regulated 

funds for so-called "federal election activities," but then 

broadly defines "federal election activities" to sweep in 

1 The slang term "soft money" generally refers to funds that are regulated 

by state law; by contrast, "hard money" generally refers to funds 

regulated by the Federal Election Campaign Act of 1971, 2 U.S.C. §§431 

et seq. ("FECA"). As the FEC itself has recognized, the term "soft 

money" is pejorative and misleading. The RNC Appellants therefore 

refer instead to "non-federal" (soft) and "federal" (hard) money. See 

Explanation & Justification, Prohibited and Excessive Contributions: 

Non-Federal Funds or Soft Money; Final Rule, 67 Fed. Reg. 49064, 

49065 (July 29, 2002) ("Because the term 'soft money' is used by 

different people to refer to a wide variety of funds under different 

circumstances, the Commission is using the term 'non-Federal funds' in 

the fmal rules rather than the term 'soft money.' . . . Moreover, nonFederal funds are regulated by State law."). All members of the threejudge district court expressly adopted this same convention. See Per 

Curiam Op. (Kollar-Kotelly, J.; Leon, J.) at 32 n. 9; Op. of Henderson, J. 

at 30 n. 30. The Government's jurisdictional statement, filed on May 12, 

2003, mistakeuly asserts that "soft money" is "money raised outside the 

framework of [FECA's] disclosure requirements." FEC Jurisdictional 

Statement, at 5. To the contrary, beginning in 1991, the FEC required 

that national party committees fully disclose donations of nonfederal 

funds, and the RNC Appellants have not challenged those disclosure 

provisions. 
4 

activities wholly or largely in connection with state and local 

elections. As an exception to this broad rule, and in an 

explicit effort to avoid federalism concerns, Section 323(b) 

allows state and local parties to fund certain "federal election 

activities" in part with so-called "Levin money" (pursuant to 

an amendment by Senator Levin), but this Levin money is, in 

turn, subject to extensive federal regulation. 

Even with all its purported attempts to accommodate 

state sovereignty, Section 323(b) subjects many purely local 

political activities to full federal regulation. As but one 

example, it would prohibit two local political party 

committees from pooling their funds to pay for a get-out-thevote drive for a candidate for county school board, if the 

election takes place in an even-numbered year when federal 

candidates are on the ballot, unless the local parties pay for it 

with 100% federally regulated money. See Section 

323(b )(2)(B)(iv) (the "home grown" requirement). 

Other BCRA provisions affecting political parties 

also abridge fundamental constitutional rights. New Section 

213 requires all components of a political party, acting 

collectively, to choose between making independent 

expenditures authorized by the First Amendment and 

coordinated expenditures authorized by FECA. New Section 

214 instructs the FEC to repeal its existing regulations 

distinguishing "independent" activity from "coordinated" 

activity in a manner that will suppress protected speech and 

associations. New Sections 304 and 319, the so-called 

"Millionaire's Provisions," effectively punish any Senate or 

House candidate who uses more than specified amounts of 

personal assets to fund his or her campaign. 

The Court Challenge 

Recoguizing that BCRA raises serious constitutional 

issues, Congress required that any constitutional challenge to 

its provisions be heard by a three-judge court, with a direct 
5 

appeal to this Court. See BCRA §§ 403(a)(l), (3). Congress, 

the three-judge court below, and all of the parties anticipate 

final review ofBCRA by this Court. 

Congress therefore specified that "[i]t 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." 

BCRA § 403(a)(4) (emphasis added). 

The RNC Appellants filed their complaint on May 7, 

2002. As the only major national political party committee 

to challenge the statute, the RNC is the litigant most directly 

and significantly injured by Section 323(a).2 The 

uncontradicted record establishes, and two judges expressly 

found as fact, that in the 1999 and 2001 off-year elections, 

when no federal candidates were on the ballot, the RNC 

spent $21 million of nonfederal money (not counting staff 

salaries and overhead) on purely state and local elections 

with no conceivable effect on federal elections. See Op. of 

Henderson, J., at 151, Findings '1[7l(c)(2)(B); Op. of Leon, J. 

at 152, Findings 'If 59. Despite the absence of any 

conceivable effect on a federal election, Section 323(a) 

criminalizes this activity. 

The Republican State Parties of Colorado, New 

Mexico, and Ohio, which have widely divergent state 

campaign statutes, joined the RNC to challenge Section 

323(b ). The uncontradicted evidence establishes, and two 

judges found as fact, that state parties focus a majority of 

2 None of the ten other lawsuits includes a major national political party 

committee as a plaintiff, and only the California Democratic Party suit 

includes state or local political parties. The interests of the RNC 

Appellants therefore are not directly represented by any of the other 

consolidated lawsuits. 
6 

their resources on state and local elections, see Op. of 

Henderson, J. at 164-68, Finding, 73; Op. of Leon, J. at 169, 

Finding , 113, and that they rely heavily upon transfers of 

nonfederal funds from national party committees to support 

these state party operations. See Op. of Henderson, J. at 156-

58, Finding, 71(e); Op. of Leon, J. at 160-61, Finding, 88. 

The RNC Appellants also challenged several other 

provisions. Section 213 requires all elements of a political 

party -- local, state, and national -- to choose between making 

independent and coordinated expenditures. This provision 

illegitimately attempts to overrule Colorado Republican 

Federal Campaign Committee v. FEC, 318 U.S. 604 (1996), 

which recognized the First Amendment-protected rights of 

political parties to make independent expenditures. Section 

214 attempts, in disregard of First Amendment jurisprudence, 

to expand the concept of "coordination" to encompass 

conduct that is truly independent of a candidate. Sections 

304 and 319, the so-called "Millionaire's Provisions," 

attempt to punish candidates who exercise their First 

Amendment-protected rights to spend their own resources; 

these provisions do so by raising opponents' contribution 

limits and eliminating the limits on political party 

coordinated expenditures in support of their opponents. 

The District Court Decision 

The district court issued its decision on May 2, 2003. 

Each member of the three-judge court authored a separate 

opinion and findings of fact. Judges Kollar-Kotelly and 

Leon also joined a per curiam opinion with accompanying 

findings of fact largely devoted to addressing BCRA' s 

disclosure provisions, which the RNC Appellants do not 

challenge. 

With regard to Title I, Judges Henderson and Leon 

agreed that Sections 323(a), (b), and (c) could not stand as 

written. Because BCRA' s extensive restrictions on political 
7 

party speech and association cannot properly be deemed a 

mere "contribution limit," Judge Henderson applied strict 

scrutiny. She found as fact, inter alia, that the RNC engages 

in very substantial activities that have no effect on federal 

elections, such as participation in state and local "off-year" 

elections when there are no federal candidates on the ballot. 

Op. of Henderson, J. at 150-52, Findings~~ 7l(c), 7l(c)(2). 

She further found, inter alia, that state parties engage in 

considerable voter registration, get-out-the-vote, and other 

activities exclusively or primarily to affect state and local 

elections. Op. Henderson, J. at 172-75, Findings ~ 76. 

Concluding that neither Section 323(a) nor 323(b) is 

narrowly tailored to serve a compelling interest of the federal 

government, Judge Henderson would have struck both down. 

Likewise, she would have struck down on First Amendment 

grounds Section 323(d), prohibiting political parties from 

donating funds to certain tax-exempt organizations, and 

Section 323(t), restricting state candidates' use of non-federal 

funds for "public communications" that refer to a federal 

candidate. She joined Judge Kollar-Kotelly, however, in 

concluding that Section 323( e), which imposes restrictions 

on federal candidates, is constitutional. 

Judge Leon analyzed Title I under "intermediate 

scrutiny," but -- based on findings of fact similar or identical 

to Judge Henderson's --concluded that Sections 323(a) and 

323(b) were not "closely drawn" to achieve an important 

federal government objective. See Op. of Leon, J. at 26-37, 

45-50. Nevertheless, in an effort to salvage part of the 

statute, Judge Leon limited the application of Section 323(a) 

by borrowing Section 323(b )' s definition of "federal election 

activity" and grafting it onto Section 323(a). Op. of Leon, J. 

at 3 7-43. Then, he ruled that the definition of "federal 

election activity" in new Section 301(20) was itself 

overbroad, but judicially limited that definition, for purposes 

of both Sections 323(a) and 323(b), to a "public 
8 

communication that refers to a clearly identified candidate 

for federal office and that promotes or supports ... or attacks 

or opposes" a federal candidate, Section 301(20)(A)(iii). Op. 

of Leon, J. at 37-43, 45-50. Because it invalidated less of 

these sections than Judge Henderson's disposition, Judge 

Leon's disposition of Sections 323(a) and 323(b) prevailed. 

Thus, Sections 323(a) and (b) survive only to the extent of 

prohibiting political parties from publishing any "public 

communications" supporting or opposing a federal candidate. 

Like Judge Henderson, Judge Leon voted to strike down 

Section 323(d)'s restrictions on political party donations to 

tax-exempt organizations. Op. of Leon, J. at 68-71. Judge 

Leon joined Judge Kollar-Kotelly in upholding the 

restrictions on state candidates in Section 323(£). He 

dissented from the panel's ruling to uphold the restrictions on 

federal candidates in Section 323(e). 

Judge Kollar-Kotelly would have upheld Title I in its 

entirety, joining Judge Henderson with regard to Section 

323(e)'s restrictions on federal candidates and Judge Leon 

with regard to Section 323(f)'s restrictions on state 

candidates. In voting to uphold Sections 323(a), (b), and (d), 

she deemed all of Title I a "contribution limit" that was 

subject to intermediate scrutiny. Finding that all political 

party activity covered by those provisions -- even such 

national party expenditures as legal expenses incurred for 

state legislative redistricting3 -- affected federal elections, she 

3 Judge Kollar-Kotelly reasoned that state legislative redistricting may 

eventually affect state congressional redistricting, which in turn may 

eventually affect a federal election. See Op. of Kollar-Kotelly, J. at 67, 

Findings 1M! 1.34, 1.34.3. Thus, she concluded, disbursements on state 

legislative redistricting could properly be regulated by the federal 

government. Judge Kollar-Kotelly also acknowledged the expenditure of 

$21 million of non-federal funds by the RNC during the 1999 and 2001 

off-year state and local elections in which no federal candidates appeared 

(continued ... ) 
9 

concluded that the restrictions were "closely drawn" to serve 

the important federal interest in preventing the appearance of 

officeholder corruption. 

Finally, the three-judge court unanimously struck 

down on First Amendment grounds Section 213, in which 

Congress sought to compel political parties to choose 

between making independent or coordinated expenditures to 

support their candidates. The court likewise held challenges 

to Section 214 (requiring the FEC to adopt an overbroad 

definition of "coordination") and Sections 304 and 319 (the 

"MilJionaire's Provisions") to be nonjusticiable. Judge 

Henderson would have struck down Section 214 on First 

Amendment grounds. 

THE QUESTIONS PRESENTED ARE SUBSTANTIAL 

As the district court recognized in striking down 

much of Title I, BCRA as enacted would severely restrict the 

traditional associational activities of political parties and 

suppress core party speech, in violation of the First 

Amendment. The record so firmly establishes BCRA's 

harmful effect on the parties that the district court reached 

on the ballot (Op. of Kollar-Kotelly, J. at 74, Finding 'II 1.39.1.2), the 

solicitation during off-year elections by RNC employees of non-federal 

funds for state candidates and parties, Op. of Kollar-Kotelly, J. at 106, 

Findings 'IJ159, and national party cooperation with state and local parties 

in full ticket voter registration and mobilization efforts, Op. of KollarKotelly, J. at 77, Findings '11'11143.2, 143.2.1. Nevertheless, Judge KollarKotelly deemed national party involvement in state and local elections to 

be insignificant, and concluded that such activities by national political 

parties are subject to full federal regulation. Op. of Kollar-Kotelly, J. at 

72-73, Finding '1!1.39. 
10 

this judgment even though two of the three judges erred by 

applying intermediate rather than strict scrutiny. 

The limitations on speech and association tell only 

part of the story, however. As enacted, BCRA would also 

effect an unprecedented expansion of federal authority over 

the electoral processes of sovereign state governments. 

Further, by imposing unique and oppressive restrictions on 

political parties in relation to politically active special interest 

groups such as labor unions, corporations, and trade 

associations, BCRA would weaken political parties while 

empowering single-issue groups that, unlike broad-based 

political parties, promote factions and instability rather than 

moderation and mediation among diverse constituencies and 

extreme views. See Op. of Henderson J., at 145-47 (Finding 

~ 70), 176-78 (Finding ~ 79). For all these reasons, this 

Court should note probable jurisdiction to review the district 

court's decision insofar as it failed to strike down Title I in 

its entirety. 

I. Title I Is Unconstitutional in Its Entirety. 

A. The Constitution Does Not Empower 

Congress To Regulate State and Local 

Elections. 

The Constitution does not enumerate any power of 

Congress to regulate state and local elections. Although 

Congress did not specify the enumerated power upon which 

it enacted BCRA, in Buckley v. Valeo, 424 U.S. 1 (1976), 

this Court treated the FECA, to which BCRA is an 

amendment, as a product of Congress's power under the 

Federal Elections Clause, U.S. CONST. Art. I, § 4. See 

Buckley, 424 U.S. at 13 & n.16. The Federal Elections 

Clause has never been interpreted to afford Congress the 

power to regulate purely state and local election activity, 

however. To the contrary, this Court has recognized that the 

power to regulate state and local elections is reserved by the 
11 

Constitution to the states. See Oregon v. Mitchell, 400 U.S. 

112, 135 (1970) (controlling op. of Black, J.) ("[o]ur 

judgments ... save for the States the power to control state 

and local elections which the Constitution originally reserved 

to them and which no subsequent amendment has taken from 

them."); Tashjian v. Republican Party of Conn., 479 U.S. 

208, 217 (1986) ("[T]he Constitution grants to the States a 

broad power to prescribe the 'Times, Places, and Manner of 

holding Elections for Senators and Representatives,' Art. I, § 

4, cl. 1, which power is matched by state control over the 

election process for state offices.") (emphasis added). 

Accordingly, the Federal Elections Clause does not support, 

and affirmatively precludes, BCRA's extraordinary assertion 

of federal power over the regulation of state and local 

elections. 

B. Title I of BCRA Denies Political Parties 

Equal Protection of the Laws. 

As enacted, BCRA also denies political parties equal 

protection of the laws by subjecting them to unique restraints 

on speech not imposed upon special interest groups. See 

Clark v. Jeter, 486 U.S. 456, 461 (1988) ("Classifications 

... affecting fundamental rights are given the most exacting 

scrutiny."); Police Dep 't of the City of Chicago v. Mosley, 

408 U.S. 92, 101 (1972) ("The Equal Protection Clause 

requires that statutes affecting First Amendment interests be 

narrowly tailored to their legitimate objectives."). Yet, as the 

record in this case makes clear, special interest groups seek 

to perform most if not all of the same activities political 

parties perform, and they do so using nonfederal money for 

the purpose of currying favor with federal officeholders. See 

Op. of Henderson, J., at 177-80 (Finding~ 79(c)), 276 (citing 

defense expert Paul Hermson). Accordingly, special interest 

groups enjoy preferential treatment under BCRA even 

though they do not share the parties' beneficial role as 

buffers between donors and officeholders. 
12 

C. Title I of BCRA Violates Political Parties' 

Rights to Free Speech and Association. 

Title I restricts political parties' freedom to engage in 

pure speech and a wide range of associational activities that 

are essential to their ability to function effectively. Judges 

Leon and Kollar-Kotelly incorrectly characterized Title I as 

imposing a mere contribution limit subject to intermediate 

review under Buckley v. Valeo, 424 U.S. I (1976). See Op. 

of Leon, J. at 14; Op. of Kollar-Kotelly at 480. Title I, by 

restricting pure speech and free association, simply does not 

fit into Buckley's "contribution" versus "expenditure" 

dichotomy, however. 

As enacted, Title I proscribed solicitation of nonfederal funds by national party committees. Thus, it is a 

felony for the Chairman of the RNC to solicit a $50 

contribution to a gubernatorial, mayoral, or even school 

board candidate. See Section 323(a)(l)-(2) (proscribing 

officer of national party from "solicit[ ing]" any nonfederal 

donation).4 This Court has subjected restrictions on 

solicitation to strict scrutiny, observing -- as the record here 

confirms -- that solicitation "is characteristically intertwined 

with informative and perhaps persuasive speech seeking 

support for particular causes or for particular views on 

economic, political, or social issues." Schaumburg v. 

Citizens for a Better Environment, 444 U.S. 620, 632 (1980). 

Moreover, Title I regulates, inter alia, the spending of 

nonfederal funds. Indeed, Judge Leon's controlling opinion 

4 Defendants argued below that the RNC Cbainnan could solicit federal 

money for these state and local candidates. But money raised by state 

and local candidates is not "subject to the limitations, prohibitions, and 

reporting requirements" of FECA; it is subject to "the limitations, 

prohibitions, and reporting requirements" of state law, and is thus 

"nonfederal money." 
13 

rewrites Title I to regulate only the spending of non-federal 

funds on certain "public communications" and does not limit 

the ability of national, state, or local parties to receive 

donations of non-federal funds. Under Buckley and its 

progeny, such a limit on independent spending of funds that 

were raised legally is subject to strict scrutiny and is 

impermissible because it bears no relationship to any effort to 

prevent corruption or the appearance of corruption. 

Further, Title I has the practical effect of interfering 

with core political party association. Even in years like 2003 

when there are no federal candidates on the ballot, Title I 

severely inhibits the ability of national parties to work with 

their state and local counterparts on full-ballot voter 

registration and mobilization plans, called "Victory Plans" by 

the Republicans and "Coordinated Campaigns" by the 

Democrats. See Op. of Henderson, J. at 158-60, Findings~ 

71(f)(3); Op. of Leon, J. at 27 n.32, Findings ~~ 93-99. It 

restricts the ability oflocal parties in even-numbered years to 

pool their state-regulated funds for purely state and local 

political activities. See Section 323(b )(2)(B)(iv) (the "home 

grown" requirement). It restricts the ability of political 

parties to associate with certain ideologically-aligned taxexempt groups, and with federal candidates and 

officeholders. See Sections 323( d), (e). 

In short, Title I is far more than a mere contribution 

limit, and characterization of it as such is serious error. As 

this Court observed in FEC v. National Conservative 

Political Action Committee, 470 U.S. 480, 501 (1985), "[w]e 

are not quibbling over fine-tuning of prophylactic limitations, 

but are concerned about wholesale restriction of clearly 

protected conduct." 

Judge Leon's attempt to salvage Section 323(a) --the 

ban on national party use of nonfederal funds -- by grafting 

onto it a modified version of the definition of "federal 

election activity'' drawn from elsewhere in the statute cannot 
14 

be sustained. The language of Section 323(a) is clear and 

categorical. See BCRA § 323(a) ("A national committee of a 

political party . . . may not solicit, receive, or direct to 

another person a contribution, donation, or transfer of funds 

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

subject to the limitations, prohibitions, and reporting 

requirements" of the FECA.) (emphasis added). Congress's 

categorical language mirrors the legislative history, which 

makes clear the Congressional intent to "put the national 

parties entirely out of the soft money business." 148 Cong. 

Rec. H408-09 (daily ed. Feb. 13, 2002) (Stmt. of Rep. 

Shays ). Congress contemplated no exceptions, and indeed 

expressly rejected various less restrictive alternatives that fell 

short of an absolute ban. Neither the language nor the 

legislative history of Section 323(a) can reasonably be 

construed to support the construction adopted for it by Judge 

Leon. See Aptheker v. Secretary of State, 378 U.S. 500, 515 

(1964) ("The clarity and preciseness of the provision in 

question make it impossible to narrow its indiscriminately 

cast and overly broad scope without substantial rewriting."). 

Moreover, even as limited by the district court, 

Sections 323(a) and 323(b) impose an unjustifiable 

restriction on political party speech. National, state, and 

local political parties are still prohibited, under threat of 

criminal prosecution, from using nonfederal money for any 

''public communication" -- print, broadcast, mail, telephone 

bank, or billboard -- that "refers to" a federal candidate and, 

in the eyes of a zealous prosecutor, "promotes," "supports," 

"attacks," or "opposes" that candidate. See new Section 

301 (22) (defining "public communication"). In other words, 

a flyer that is almost entirely devoted to advocating the 

election of the Party's gubernatorial candidate, but which 

refers to a Member of Congress's endorsement of that 

candidate, must be paid for entirely with federal funds. This 

restriction is even broader than the vague and overbroad 
15 

restrictions on special interest groups in Title II that were 

upheld by the district court. Those restrictions on interest 

groups apply only to broadcast advertisements aired so as to 

reach the relevant electorate. 

II. BCRA Imposes a Definition of "Coordination" 

that Violates the First Amendment. 

Section 214 of BCRA repeals the FEC's existing 

regulations defining when an expenditure is deemed to be 

"coordinated" with a candidate and therefore treated as an 

"in-kind" contribution under FECA. See Section 214(b ). It 

provides that the FEC must adopt a new definition of 

coordination that "shall not require agreement or formal 

collaboration to establish coordination." Section 214(c). 

Because political parties enjoy a First Amendment right to 

make unlimited "independent expenditures," see Colorado 

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

(1996) ("Colorado Republican f'), a higher threshold is 

required for coordination, in order not to chill the exercise of 

that right. See Federal Election Comm 'n v. Colorado 

Republican Fed. Campaign Comm., 533 U.S. 431, 463 

(2001) (treating "coordinated expenditures" as "potential 

alter egos for contributions"); Colorado Republican I, 518 

U.S. at 619 (1996) (requiring proof of"actual coordination as 

a matter of fact"); Federal Election Comm 'n v. Christian 

Coalition, 52 F. Supp.2d 45, 91 (D.D.C. 1999) ("First 

Amendment clarity demands a definition of 'coordination' 

that provides the clearest possible guidance to candidates and 

constituents"). 

The district court erroneously held that the RNC 

Appellants' constitutional challenge to Section 214 is not 

justiciable on standing and ripeness grounds. The RNC 

Appellants are directly injured by the broad definition of 

coordination required by Section 214 because it subjects their 

expenditures in support of candidates to the coordinated party 

expenditure limit even though the expenditures are in fact 
16 

truly independent as a matter of law. It also purports to make 

them responsible for independent expenditures by persons or 

entities with whom the parties have little if any relationship. 

Moreover, as Judge Henderson correctly noted in dissent, the 

challenge to Section 214 is ripe for review because 

"[Section] 214 will violate the First Amendment no matter 

what the [FEC] does, for no regulation it promulgates may 

depart . . . from the provision['s] plain text." Op. of 

Henderson, J. at 254. 

Ill. BCRA's "Millionaire's Provisions" Deny 

Political Parties Equal Protection of the Laws. 

Sections 304 and 319 of BCRA, the so-called 

"Millionaire's Provisions," lift certain restrictions otherwise 

applicable to candidates when they face wealthy opponents 

willing to spend personal assets on their campaigns. Among 

the restrictions that are lifted is the coordinated party 

expenditure limit. This means that the RNC would be 

permitted to make unlimited coordinated expenditures for 

some candidates while remaining subject to strict coordinated 

spending limits for others. The distinguishing characteristic 

mandated by statute is the ability and willingness of the 

candidate (or his or her opponent) to exercise the First 

Amendment-protected right to spend personal assets for a 

political campaign. See Buckley, 424 U.S. at 53-54 

(expenditure from personal funds poses no threat of 

corruption, but rather "counteracts the coercive pressures and 

attendant risks of abuse to which the Act's contribution limits 

are directed.") Further, lifting the contribution limits and 

coordinated spending limits for candidates most in need of 

funds contradicts the basic rationale of preventing actual or 

apparent corruption advanced for all contribution limits. If 

anything, the candidates favored by the Millionaire's 

Provisions would be more, not less, susceptible to the 

asserted corruption. 
17 

The district court held that the RNC Appellants lack 

standing to challenge the Millionaire's Provisions because 

none of the RNC Appellants are federal candidates. The 

Millionaire's Provisions directly restrict the speech of 

political parties as well as candidates, however, by requiring 

parties to spend less to support some similarly-situated 

candidates than others. It is no answer to say that the party 

may simply choose to spend at the lower level for all its 

candidates, since any First Amendment challenge could be 

cured if the challenger would simply accept the restrictions. 

CONCLUSION 

For the foregoing reasons, probable jurisdiction 

should be noted. 

THOMAS J. JOSEFIAK 

CHARLES R. SPIES 

REPUBLICAN NATIONAL 

COMMIITEE 

310 First Street, S.E. 

Washington, D.C. 20003 

(202) 863-8500 

MICHAEL A. CARVIN 

JONES DAY REAVIS & 

POGUE 

51 Louisiana Ave., N.W. 

Washington, D.C. 20001 

(202) 879-3939 

May27,2003 

Respectfully submitted, 

BOBBY R. BURCHFIELD 

Counsel of Record 

THOMAS 0. BARNEIT 

ROBERT K. KELNER 

COVINGTON & BURLING 

1201 Pennsylvania Ave., N.W. 

Washington, D.C. 20004 

(202) 662-6000 

BENJAMIN L. GINSBERG 

PA ITON BOGGS LLP 

2550 M Street, N.W. 

Washington, D.C. 20037 

(202) 457-6000 

Counsel for RNC Appellants 
1a 

IN THE UNITED STATES DISTRICT COURT FOR 

THE DISTRICT OF COLUMBIA 

REPUBLICAN NATIONAL COMMITTEE, et al. 

Plaintiffs, 

v. 

FEDERAL ELECTION COMMISSION, et al. 

Defendant. 

Civ. No. 02-874 

NOTICE OF APPEAL 

Pursuant to Section 403(a)(3) of the Bipartisan 

Campaign Reform Act of2002, Pub. Law No. 107-155, 116 

Stat. 81 ("BCRA"), notice is hereby given that plaintiffs 

Republican National Committee, Robert Michael Duncan, 

Republican Party of Colorado, Republican Party of New 

Mexico, Republican Party of Ohio, and Dallas County (Iowa) 

Republican County Central Committee (the "RNC 

Plaintiffs"), hereby appeal to the United States Supreme 

Court from the Order of the three-judge Court entered in this 

action on May 2, 2003, failing to strike down in their entirety 

certain provisions of Titles I, II, and ill of BCRA challenged 

by RNC Plaintiffs as unconstitutional. This notice is timely 

submitted within 10 days of entry of the aforementioned 

Order. See BCRA § 403(a)(3). 
Michael A. Carvin 

Jones Day Reavis & 

Pogue 

51 Louisiana Ave., N.W. 

Washington, D.C. 20001 

(202) 879-3939 

Thomas J. J osefiak 

Charles R. Spies 

Republican National 

Committee 

310 First Street, N.W. 

Washington, D.C. 20003 

(202) 863-8500 

May 7, 2003 

2a 

Respectfully submitted, 

Bobby R. Burchfield 

Covington & Burling 

1201 Pennsylvania Ave., N.W. 

Washington, D.C. 20004 

(202) 662-6000 

Benjamin L. Ginsberg 

Patton Boggs LLP 

2550 M Street, N.W. 

Washington, D.C. 20037 

(202) 457-6000 
3a 

PUBLIC LAW 107-155 (HR 2356) 

March 27, 2002 

BIPARTISAN CAMPAIGN REFORM ACT OF 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. 

2 USCA § 431 NOTE 

(a) SHORT TITLE.-This Act maybe 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. 1 01. Soft money of political parties. 

Sec. 102. Increased contribution limit for State committees 

of political parties. 

Sec. 103. Reporting requirements. 

TITLE II-NONCANDIDATE CAMPAIGN 

EXPENDITURES 

Subtitle A-Electioneering Communications 

Sec. 201. Disclosure of electioneering communications. 

Sec. 202. Coordinated communications as contributions. 

Sec. 203. Prohibition of corporate and labor disbursements 

for electioneering communications. 

Sec. 204. Rules relating to certain targeted electioneering 

communications. 

Subtitle B-Independent and Coordinated Expenditures 
4a 

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. 

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 of individual contribution limits for 

House candidates in response to expenditures 

from personal funds. 
Sa 

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. 

2 USCA § 441i 

(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. SOFf MONEY OF POLITICAL PARTIES. 

(a) NATIONAL COMMITTEES.-

(!) IN GENERAL.-A national committee of a 

political party (including a national congressional 

campaign committee of a political party) may not solicit, 

receive, or direct to another person a contribution, 

donation, or transfer of funds or any other thing of value, 

or spend any funds, that are not subject to the 

limitations, prohibitions, and reporting requirements of 

this Act. 

(2) APPLICABILITY.-The prohibition established 

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

any officer or agent acting on behalf of such a national 

committee, and any entity that is directly or indirectly 

established, financed, maintained, or controlled by such 

a national committee. 

(b) STATE, DISTRICT, AND LOCAL COMMITTEES.-
6a 

(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 of this Act (other than 

amounts described in subparagraph (B)(iii)); 

and 

(ii) other amounts which are not subject to 

the limitations, prohibitions, and reporting 

requirements of this Act (other than any 

requirements of this subsection). 

(B) CONDITIONS.-Subparagraph (A) shall 

only apply if-
7a 

(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 m 

subclause (I) or (II), or 
8a 

(IV) any entity directly or indirectly 

established, financed, maintained, or 

controlled by any committee described in 

subclause (I) or (II). 

(C) PROHIBITING INVOLVEMENT OF 

NATIONAL PARTIES, FEDERAL CANDIDATES AND OFFICEHOLDERS, AND 

STATE PARTIES ACTING JOINTLYNotwithstanding 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 
9a 

established, financed, maintained, or controlled by any such 

national, State, district, or local committee or its agent, and 

an officer or agent acting on behalf of any such party 

committee or entity, shall not solicit any funds for, or make 

or direct any donations to-

(1) an organization that is described in section 501(c) 

of the Internal Revenue Code of 1986 and exempt from 

taxation under section 501(a) of such Code (or has 

submitted an application for determination of tax exempt 

status under such section) and that makes expenditures 

or disbursements in connection with an election for 

Federal office (including expenditures or disbursements 

for Federal election activity); or 

(2) an organization described in section 527 of such 

Code (other than a political committee, a State, district, 

or local committee of a political party, or the authorized 

campaign committee of a candidate for State or local 

office). 

(e) FEDERAL CANDIDATES.-

(!) IN GENERAL.-A candidate, individual holding 

Federal office, agent of a candidate or an individual 

holding Federal office, or an entity directly or indirectly 

established, financed, maintained or controlled by or 

acting on behalf of 1 or more candidates or individuals 

holding Federal office, shall not-

(A) solicit, receive, direct, transfer, or spend 

funds in connection with an election for Federal 

office, including funds for any Federal election 

activity, unless the funds are subject to the 

limitations, prohibitions, and reporting 

requirements of this Act; or 

(B) solicit, receive, direct, transfer, or spend 

funds in connection with any election other than 

an election for Federal office or disburse funds in 
lOa 

connection with such an election unless the 

funds-

(i) are not in excess of the amounts 

permitted with respect to contributions to 

candidates and political committees under 

paragraphs (1 ), (2), and (3) of section 315( a); 

and 

(ii) are not from sources prohibited by this 

Act from making contributions in connection 

with an election for Federal office. 

(2) STATE LAW.-Paragraph (1) does not apply 

to the solicitation, receipt, or spending of funds by an 

individual described in such paragraph who is or was 

also a candidate for a State or local office solely in 

connection with such election for State or local office 

if the solicitation, receipt, or spending of funds is 

permitted under State law and refers only to such 

State 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 
lla 

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.-

(!) IN GENERAL-A candidate for State or local 

office, individual holding State or local office, or an 

agent of such a candidate or individual may not spend 

any funds for a communication described in section 

301(20)(A)(iii) unless the funds are subject to the 

limitations, prohibitions, and reporting requirements of 

this Act. 

(2) EXCEPTION FOR CERTAIN COMMUNICATIONS.-Paragraph (1) shall not apply to an individual 

described in such paragraph if the communication 

involved is in connection with an election for such State 

or local office and refers only to such individual or to 
12a 

any other candidate for the State or local office held or 

sought by such individual, or both. 

2 USCA § 431 

(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 (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 
13a 

compensated time during that month on 

activities in connection with a Federal 

election. 

(B) EXCLUDED ACTNITY.-The term 

"Federal dection activity'' does not include an 

amount expended or disbursed by a State, 

district, or local committee of a political party 

for-

(i) a public communication that refers 

solely to a clearly identified candidate for 

State or local office, if the communication is 

not a Federal election activity described in 

subparagraph (A)(i) or (ii); 

(ii) a contribution to a candidate for State 

or local office, provided the contribution is 

not designated to pay for a Federal election 

activity described in subparagraph (A); 

(iii) the costs of a State, district, or local 

politica:: convention; and 

(iv) the costs of grassroots campaign 

material.s, including buttons, bumper stickers, 

and yard signs, that name or depict only a 

candidate for State or local office. 

(21) GENERIC CAMPAIGN ACTNITY.-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 communi::ation" means a communication by 

means of any broadcast, cable, or satellite 

communication, newspaper, magazine, outdoor 

advertising facility, mass mailing, or telephone bank to 
14a 

the general public, or any other form of general public 

political advertising. 

(23) MASS MAILING.-The term "mass mailing" 

means a mailing by United States mail or facsimile of 

more than 500 pieces of mail matter of an identical or 

substantially similar nature within any 30-day period. 

(24) TELEPHONE BANK.-The term "telephone 

bank" means more than 500 telephone calls of an 

identical or substantially similar nature within any 30-

dayperiod. 
15a 

SEC. 102. INCREASED CONTRIBUTION LIMIT FOR 

STATE COMMITTEES OF POLITICAL 

PARTIES. 

2 USCA § 441a 

Section 315(a)(l) of the Federal Election Campaign Act 

of 1971 (2 U.S.C. 441a(a)(l)) 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 REQIDREMENTS. 

2 USCA § 434 

(a) REPORTING REQUIREMENTS.-Section 304 of 

the Federal Election Campaign Act of 1971 (2 U.S.C. 434) is 

amended by adding at the end the following: 

(e) POLITICAL COMMITTEES.-

(!) NATIONAL AND CONGRESSIONAL 

POLITICAL COMMITTEES.-The national committee 

of a political party, any national congressional campaign 

committee of a political party, and any subordinate 

committee of either, shall report all receipts and 

disbursements during the reporting period. 

(2) OTHER POLITICAL COMMITTEES TO 

WHICH SECTION 323 APPLIES.-

(A) IN GENERAL.-fu addition to any other 

reporting requirements applicable under this Act, 
16a 

a political committee (not described in paragraph 

(1)) to which section 323(b)(1) applies shall 

report all receipts and disbursements made for 

activities described in section 301(20)(A), unless 

the aggregate amount of such receipts and 

disbursements during the calendar year is less 

than $5,000. 

(B) SPECIFIC DISCLOSURE BY STATE 

AND LOCAL PARTIES OF CERTAIN NONFEDERAL 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 

amended2 USCA § 431 
17a 

(A) by striking clause (viii); and 

(B) by redesignating clauses (ix) through 

(xv) as clauses (viii) through (xiv), respectively. 

2 USCA § 453 

(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 ofthis Act"; and 

(B) by adding at the end the following: 

(b) STATE AND LOCAL COMMITTEES OF 

POLITICAL P ARTIES.-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. 

2 USCA § 434 

(a) IN GENERAL-Section 304 of the Federal 

Election Campaign Act of 1971 (2 U.S.C. 434), as amended 

by section 103, is amended by adding at the end the 

following new subsection: 

(f) DISCLOSURE OF ELECTIONEERING 

COMMUNICATIONS.-

(!) STATEMENT REQUIRED.-Every person 

who makes a disbursement for the direct costs of 

producing and airing electioneering communications in 
18a 

an aggregate amount in excess of $10,000 during any 

calendar year shall, within 24 hours of each disclosure 

date, file with the Commission a statement containing 

the information described in paragraph (2). 

(2) CONTENTS OF STATEMENT.-Each 

statement required to be filed under this subsection shall 

be made under penalty of pe:rjury and shall contain the 

following information: 

(A) The identification of the person making 

the disbursement, of any person sharing or 

exercising direction or control over the activities 

of such person, and of the custodian of the books 

and accounts of the person making the 

disbursement. 

(B) The principal place of business of the 

person making the disbursement, if not an 

individual. 

(C) The amount of each disbursement of 

more than $200 during the period covered by the 

statement and the identification of the person to 

whom the disbursement was made. 

(D) The elections to which the electioneering 

communications pertain and the names (if 

known) of the candidates identified or to be 

identified. 

(E) If the disbursements were paid out of a 

segregated bank account which consists of funds 

contributed solely by individuals who are United 

States citizens or nationals or lawfully admitted 

for permanent residence (as defined in section 

101(a)(20) of the Immigration and Nationality 

Act (8 U.S.C. 1101(a)(20))) directly to this 

account for electioneering communications, the 

names and addresses of all contributors who 
19a 

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. 

(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 
20a 

(III) in the case of a communication 

which refers to a candidate for an office other 

than President or Vice President, is targeted to 

the relevant electorate. 

(ii) If clause (i) is held to be constitutionally 

insufficient by final judicial decision to support 

the regulation provided herein, then the term 

"electioneering communication" means any 

broadcast, cable, or satellite communication 

which promotes or supports a candidate for that 

office, or attacks or opposes a candidate for that 

office (regardless of whether the communication 

expressly advocates a vote for or against a 

candidate) and which also is suggestive of no 

plausible meaning other than an exhortation to 

vote for or against a specific candidate. Nothing 

in this subparagraph shall be construed to affect 

the interpretation or application of section 

100.22(b) of title 11, Code of Federal 

Regulations. 

(B) EXCEPTIONS.-The term "electioneering communication" does not include-

(i) a communication appearing in a news 

story, commentary, or editorial distributed 

through the facilities of any broadcasting 

station, unless such facilities are owned or 

controlled by any political party, political 

committee, or candidate; 

(ii) a communication which constitutes an 

expenditure or an independent expenditure 

under this Act; 

(iii) a communication which constitutes a 

candidate debate or forum conducted pursuant 

to regulations adopted by the Commission, or 
21a 

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. 

(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 m excess of 

$10,000; and 
22a 

(B) any other date during such calendar year 

by which a person has made disbursements for 

the direct costs of producing or airing 

electioneering communications aggregating in 

excess of $10,000 since the most recent 

disclosure date for such calendar year. 

(5) CONTRACTS TO DISBURSE.-For purposes of 

this subsection, a person shall be treated as having made 

a disbursement if the person has executed a contract to 

make the disbursement. 

(6) COORDINATION WITH OTHER REQUIREMENTS.-Any requirement to report under this 

subsection shall be in addition to any other reporting 

requirement under this Act. 

(7) COORDINATION WITH INTERNAL 

REVENUE CODE.-Nothing in this subsection may be 

construed to establish, modify, or otherwise affect the 

definition of political activities or electioneering 

activities (including the definition of participating in, 

intervening in, or influencing or attempting to influence 

a political campaign on behalf of or in opposition to any 

candidate for public office) for purposes of the Internal 

Revenue Code of 1986. 

2 USCA § 434 NOTE 

(b) RESPONSIBILITIES OF FEDERAL COMMUNICATIONS COMMISSION.-The Federal Communications Commission shall compile and maintain any 

information the Federal Election Commission may require to 

carry out section 304(f) of the Federal Election Campaign 

Act of 1971 (as added by subsection (a)), and shall make 

such information available to the public on the Federal 

Communication Commission's website. 

SEC. 202. COORDINATED COMMUNICATIONS AS 

CONTRIBUTIONS. 
23a 

2 USCA § 441a 

Section 315(a)(7) ofthe Federal Election Campaign 

Act of 1971 (2 U.S.C. 441a(a)(7)) is amended-

(!) 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. 

2 USCA § 441b 

(a) IN GENERAL-Section 316(b)(2) ofthe Federal 

Election Campaign Act of 1971 (2 U.S.C. 44lb(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: 
24a 

(c) RULES RELATING TO ELECTIONEERING 

COMMUNICATIONS.-

(!) APPLICABLE ELECTIONEERING COMMUNICATION.-For purposes of this section, the term 

"applicable electioneering communication" means an 

electioneering communication (within the meaning of 

section 304(f)(3)) which is made by any entity described 

in subsection (a) of this section or by any other person 

using funds donated by an entity described in subsection 

(a) of this section. 

(2) EXCEPTION.-Notwithstanding paragraph (1), 

the term "applicable electioneering communication" 

does not include a communication by a section 50l(c)(4) 

organization or a political organization (as defmed in 

section 527(e)(l) of the Internal Revenue Code of 1986) 

made under section 304(f)(2)(E) or (F) ofthis Act if the 

communication is paid for exclusively by funds provided 

directly by individuals who are United States citizens or 

nationals or lawfully admitted for permanent residence 

(as defined in section 10l(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 
25a 

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). 

(4) DEFINITIONS AND RULES.-For purposes of 

this subsection-

(A) the term "section 501(c)(4) organization" means-

(i) an organization described in section 

501(c)(4) of the Internal Revenue Code of 

1986 and exempt from taxation under section 

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 501(a) of the Internal Revenue 

Code of 1986 to carry out any activity which is 

prohibited under such Code. 

2 USCA § 441b 

SEC. 204. RULES RELATING TO CERTAIN 

TARGETED ELECTIONEERING COMMUNICATIONS. 
26a 

Section 316(c) of the Federal Election Campaign Act 

of 1971 (2 U.S.C. 441b), as added by section 203, is 

amended by adding at the end the following: 

(6) SPECIAL RULES FOR TARGETED COMMUNICATIONS.-

(A) EXCEPTION DOES NOT APPLY.-

Paragraph (2) shall not apply in the case of a 

targeted communication that is made by an 

organization described in such paragraph. 

(B) TARGETED COMMUNICATION.-For 

purposes of subparagraph (A), the term "targeted 

communication" means an electioneering 

communication (as defined in section 304(f){3)) 

that is distributed from a television or radio 

broadcast station or provider of cable or satellite 

television service and, in the case of a 

communication which refers to a candidate for an 

office other than President or Vice President, is 

targeted to the relevant electorate. 

(C) DEFINITION.-For purposes of this 

paragraph, a communication is "targeted to the 

relevant electorate" if it meets the requirements 

described in section 304(f){3)(C). 

Subtitle B-Independent and Coordinated 

Expenditures 

2 USCA § 431 

SEC. 211. DEFINITION OF INDEPENDENT 

EXPENDITURE. 

Section 301 of the Federal Election Campaign Act 

(2 U.S. C. 431) is amended by striking paragraph ( 17) and 

inserting the following: 
27a 

(17) INDEPENDENT EXPENDITURE.-The term 

"independent expenditure" means an expenditure by a 

person-

(A) expressly advocating the election or 

defeat of a clearly identified candidate; and 

(B) that is not made in concert or 

cooperation with or at the request or suggestion 

of such candidate, the candidate's authorized 

political committee, or their agents, or a political 

party committee or its agents. 

SEC. 212. REPORTING REQUIREMENTS FOR 

CERTAIN INDEPENDENT EXPENDITURES. 

(a) IN GENERAL-Section 304 of the Federal 

Election Campaign Act of 1971 (2 U.S.C. 434) (as amended 

by section 201) is amended2 USCA § 434 

(1) in subsection (c)(2), by striking the undesignated 

matter after subparagraph (C); and 

(2) by adding at the end the following: 

(g) TIME FOR REPORTING CERTAIN EXPENDITURES.-

(1) EXPENDITURES AGGREGATING $1,000.-

(A) INITIAL REPORT.-A person 

(including a political committee) that makes or 

contracts to make independent expenditures 

aggregating $1,000 or more after the 20th day, 

but more than 24 hours, before the date of an 

election shall file a report describing the 

expenditures within 24 hours. 

(B) ADDITIONAL REPORTS.-After a 

person files a report under subparagraph (A), the 

person shall file an additional report within 24 
28a 

hours after each time the person makes or 

contracts to make independent expenditures 

aggregating an additional $1,000 with respect to 

the same election as that to which the initial 

report relates. 

(2) EXPENDITURES AGGREGATING $10,000.-

(A) INITIAL REPORT.-A person 

(including a political committee) that makes or 

contracts to make independent expenditures 

aggregating $10,000 or more at any time up to 

and including the 20th day before the date of an 

election shall file a report describing the 

expenditures within 48 hours. 

(B) ADDITIONAL REPORTS.-After a 

person files a report under subparagraph (A), the 

person shall file an additional report within 48 

hours after each time the person makes or 

contracts to make independent expenditures 

aggregating an additional $10,000 with respect to 

the same election as that to which the initial 

report relates. 

(3) PLACE OF FILING; CONTENTS.-A report 

under this subsection-

(A) shall be filed with the Commission; and 

(B) shall contain the information required by 

subsection (b)(6)(B)(iii), including the name of 

each candidate whom an expenditure is intended 

to support or oppose. 

(b) TIME OF FILING OF CERTAIN 

STATEMENTS.-

2 USCA § 434 
29a 

(1) IN GENERAL-Section 304(g) of such Act, as 

added by subsection (a), is amended by adding at the end 

the following: 

(4) TIME OF FILING FOR EXPENDITURES 

AGGREGATING $1 ,000.-Notwithstanding subsection 

(a)(5), the time at which the statement under paragraph 

(1) is received by the Commission or any other recipient 

to whom the notification is required to be sent shall be 

considered the time of filing of the statement with the 

recipient. 

2 USCA § 434 

(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)(l)) is amended by inserting "or (g)" after 

"subsection (c)". 
30a 

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 amended2 USCA § 441a 

(1) in paragraph (1), by striking "and (3)" and 

inserting", (3), and (4)"; and 

(2) by adding at the end the following: 

( 4) INDEPENDENT VERSUS COORDINATED 

EXPENDITURES BY PARTY.-

(A) IN GENERAL-On or after the date on 

which a political party nominates a candidate, no 

committee of the political party may make-

(i) any coordinated expenditure under this 

subsection with respect to the candidate 

during the election cycle at any time after it 

makes any independent expenditure (as 

defined in section 301(17)) with respect to the 

candidate during the election cycle; or 

(ii) any independent expenditure (as 

defined in section 301(17)) with respect to the 

candidate during the election cycle at any time 

after it makes any coordinated expenditure 

under this subsection with respect to the 

candidate during the election cycle. 

(B) APPLICATION.-For purposes of this 

paragraph, all political committees established 

and maintained by a national political party 

(including all congressional campaign committees) and all political committees established 

and maintained by a State political party 

(including any subordinate committee of a State 
31a 

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 amended2 USCA § 441a 

(1) by redesignating clause (ii) as clause (iii); and 

(2) by inserting after clause (i) the following new 

clause: 

(ii) expenditures made by any person (other 

than a candidate or candidate's authorized 

committee) in cooperation, consultation, or 

concert with, or at the request or suggestion 

of, a national, State, or local committee of a 

political party, shall be considered to be 

contributions made to such party committee; 

and. 

(b) REPEAL OF CURRENT REGULATIONS.-The 

regulations on coordinated communications paid for by 

persons other than candidates, authorized committees of 

candidates, and party committees adopted by the Federal 

Election Commission and published in the Federal Register 
32a 

at page 76138 of volume 65, Federal Register, on 

December 6, 2000, are repealed as of the date by which the 

Commission is required to promulgate new regulations under 

subsection (c) (as described in section 402(c)(l)). 

2 USCA § 441aNOTE 

(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-

( I) 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. 

2 USCA § 441b 

(d) MEANING OF CONTRIBUTION OR 

EXPENDITURE FOR THE PURPOSES OF SECTION 

316.-Section 316(b)(2) ofthe Federal Election Campaign 

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

"shall include" and inserting "includes a contribution or 

expenditure, as those terms are defined in section 301, and 

also includes". 

TITLE III-MISCELLANEOUS 

2 USCA § 439a 
33a 

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-

( I) for otherwise authorized expenditures in 

connection with the campaign for Federal office of the 

candidate or individual; 

(2) for ordinary and necessary expenses incurred 

in connection with duties of the individual as a holder of 

Federal office; 

(3) for contributions to an organization described 

in section 170( c) of the Internal Revenue Code of 1986; 

or 

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

State, or local committee of a political party. 

(b) PROHIBITED USE.-

(1) IN GENERAL-A contribution or donation 

described in subsection (a) shall not be converted by any 

person to personal use. 

(2) CONVERSION.-For the purposes of 

paragraph (1), a contribution or donation shall be 

considered to be converted to personal use if the 

contribution or amount is used to fulfill any 

commitment, obligation, or expense of a person that 

would exist irrespective of the candidate's election 

campaign or individual's duties as a holder of Federal 

office, including-
34a 

(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 

amendedIS USCA § 607 

(1) by striking subsection (a) and inserting the 

following: 

(a) PROHffiiTION.-

(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 
35a 

money or other thing of value in connection with a Federal, 

State, or local election, while in any room or building 

occupied in the discharge of official duties by an officer or 

employee of the United States, from any person. 

(2) PENALTY.-A person who violates this section 

shall be fined not more than $5,000, imprisoned not more 

than 3 years, or both; and 

18 USCA § 607 

(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. 44le) is amended2 USCA § 441e 

( 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) PROHffiiTION.-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 
36a 

(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. 

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 amended2 USCA § 441a 

(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 
37a 

(II) $0.04 multiplied by the voting age 

population. 

(ii) VOTING AGE POPULATION.-In 

this subparagraph, the term "voting age 

population" means in the case of a candidate 

for the office of Senator, the voting age 

population of the State of the candidate (as 

certified under section 315(e)). 

(C) INCREASED LIMIT.-Except as 

provided in clause (ii), for purposes of 

subparagraph (A), if the opposition personal 

funds amount is over-

(i) 2 times the threshold amount, but not 

over 4 times that amount-

(!) the increased limit shall be 3 times 

the applicable limit; and 

(II) the limit under subsection (a)(3) 

shall not apply with respect to any 

contribution made with respect to a 

candidate if such contribution is made 

under the increased limit of subparagraph 

(A) during a period in which the candidate 

may accept such a contribution; 

(ii) 4 times the threshold amount, but not 

over 10 times that amount-

(!) 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 
38a 

(A) during a period in which the candidate 

may accept such a contribution; and 

(iii) 10 times the threshold amount-

(!) 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. 

~) 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 LIMJT.-

(A) IN GENERAL-Subject to subparagraph 

(B), a candidate and the candidate's authorized 

committee shall not accept any contribution, and 
39a 

a party committee shall not make any 

expenditure, under the increased limit under 

paragraph (1)-

(i) until the candidate has received 

notification of the opposition personal funds 

amount under section 304(a)(6)(B); and 

(ii) to the extent that such contribution, 

when added to the aggregate amount of 

contributions previously accepted and party 

expenditures previously made under the 

increased limits under this subsection for the 

election cycle, exceeds 110 percent of the 

opposition personal funds amount. 

(B) EFFECT OF WITHDRAWAL OF AN 

OPPOSING CANDIDATE.-A candidate and a 

candidate's authorized committee shall not 

accept any contribution and a party shall not 

make any expenditure under the increased limit 

after the date on which an opposing candidate 

ceases to be a candidate to the extent that the 

amount of such increased limit is attributable to 

such an opposing candidate. 

(3) DISPOSAL OF EXCESS CONTRIBUTIONS.-

(A) IN GENERAL-The aggregate amount 

of contributions accepted by a candidate or a 

candidate's authorized committee under the 

increased limit under paragraph (1) and not 

otherwise expended in connection with the 

election with respect to which such contributions 

relate shall, not later than 50 days after the date 

of such election, be used in the manner described 

in subparagraph (B). 

(B) RETURN TO CONTRIBUTORS.-A 

candidate or a candidate's authorized committee 
40a 

shall return the excess contribution to the person 

who made the contribution. 

(j) LIMITATION ON REPAYMENT OF 

PERSONAL LOANS.-Any candidate who incurs personal 

loans made after the effective date 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 

amended2 USCA § 434 

(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-

(1) an expenditure made by a candidate using 

personalfirnds;and 

(II) a contribution or loan made by a 

candidate using personal firnds or a loan 

secured using such firnds to the candidate's 

authorized committee. 

(ii) DECLARATION OF INTENT .-Not 

later than the date that is 15 days after the date on 

which an individual becomes a candidate for the 
41a 

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-

(D the Commission; and 

(II) each candidate in the same election. 

(iii) INITIAL NOTIFICATION.-Not later 

than 24 hours after a candidate described in 

clause (ii) makes or obligates to make an 

aggregate amount of expenditures from personal 

funds in excess of 2 times the threshold amount 

in connection with any election, the candidate 

shall file a notification with-

(1) 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-

(1) 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-

(!) the name of the candidate and the office 

sought by the candidate; 
42a 

(II) the date and amount of each expenditure; 

and 

(III) the total amount of expenditures from 

personal funds that the candidate has made, or 

obligated to make, with respect to an election 

as of the date of the expenditure that is the 

subject of the notification. 

(C) NOTIFICATION OF DISPOSAL OF EXCESS 

CONTRIBUTIONS.-In the next regularly scheduled 

report after the date of the election 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. 

2 USCA § 431 

(c) DEFINITIONS.-Section 301 of the Federal 

Election Campaign Act of 1971 (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 
43a 

a general election shall be considered to be 

separate elections. 

(26) PERSONAL FUNDS.-The term 

"personal funds" means an amount that is derived 

from-

(A) any asset that, under applicable State 

law, at the time the individual became a 

candidate, the candidate had legal right of 

access to or control over, and with respect to 

which the candidate had-

(i) legal and rightful title; or 

(ii) an equitable interest; 

(B) income received during the current 

election cycle of the candidate, including-

(i) a salary and other earned income 

from bona fide employment; 

(ii) dividends and proceeds from the 

sale of the candidate's stocks or other 

investments; 

(iii) bequests to the candidate; 

(iv) income from trusts established 

before the beginning of the election cycle; 

(v) income from trusts established by 

bequest after the beginning of the election 

cycle of which the candidate is the 

beneficiary; 

(vi) gifts of a personal nature that had 

been customarily received by the candidate 

prior to the beginning of the election cycle; 

and 
44a 

(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 112 of the property. 

SEC. 305. LIMITATION ON AVAILABILITY OF 

LOWEST UNIT CHARGE FOR FEDERAL 

CANDIDATES ATTACKING OPPOSITION. 

(a) IN GENERAL.-Section 315(b) ofthe 

Communications Act of 1934 (47 U.S. C. 315(b)) is 

amended47 USCA § 315 

(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 of the candidate) shall 

not make any direct reference to another 
45a 

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 of the 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 

(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 
46a 

the candidate is seeking, and indicates that the 

candidate has approved the broadcast. 

(E) CERTIFICATION.-Certifications under 

this section shall be provided and certified as 

accurate by the candidate (or any authorized 

committee of the candidate) at the time of 

purchase. 

(F) DEFINITIONS.-For purposes of this 

paragraph, the terms "authorized committee" and 

"Federal office" have the meanings given such 

terms by section 301 of the Federal Election 

Campaign Act of 1971 (2 U.S.C. 431). 

47 USCA § 315 

(b) CONFORMING AMENDMENT.-Section 

315(b)(1)(A) ofthe Communications Act of 1934 (47 U.S.C. 

315(b)(l)(A)), as amended by this Act, is amended by 

inserting "subject to paragraph (2)," before "during the fortyfive days". 

47 USCA § 315 NOTE 

(c) EFFECTIVE DATE.-The amendments made by 

this section shall apply to broadcasts made after the effective 

date of this Act. 

2 USCA § 434 

SEC. 306. SOFfW ARE FOR FILING REPORTS AND 

PROMPT DISCLOSURE OF CONTRIBUTIONS. 

Section 304(a) of the Federal Election Campaign Act 

of 1971 (2 U.S.C. 434(a)) is amended by adding at the end 

the following: 

(12) SOFTWARE FOR FILING OF REPORTS.-

(A) IN GENERAL.-The Commission shall-

(i) promulgate standards to be used by 

vendors to develop software that-
47a 

(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 
48a 

Internet any information received under this 

paragraph. 

SEC. 307. MODIFICATION OF CONTRIBUTION 

LIMITS. 

(a) INCREASE IN INDIVIDUAL LIMITS FOR 

CERTAIN CONTRIBUTIONS.-Section 315(a)(1) ofthe 

Federal Election Campaign Act of 1971 (2 U.S.C. 

441a(a)(1)) is amended2 USCA § 441a 

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

inserting "$2,000"; and 

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

inserting "$25 ,000". 

(b) INCREASE IN ANNUAL AGGREGATE LIMIT 

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

of the Federal Election Campaign Act of 1971 (2 U.S. C. 

441a(a)(3)) is amended to read as follows: 

(3) During the period which begins on January 1 of 

an odd-numbered year and ends on December 31 of the 

next even-numbered year, no individual may make 

contributions aggregating more than-

( 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) ofthe Federal 

Election Campaign Act of 1971 (2 U.S.C. 441a(h)) is 

amended by striking "$17,500" and inserting "$35,000". 
49a 

(d) INDEXING OF CONTRIBUTION LIMITS.-Section 

315(c) of the Federal Election Campaign Act of 1971 (2 

U.S.C. 441a(c)) is amended-

(1) in paragraph (1)-

(A) by striking the second and third 

sentences; 

(B) by inserting "(A)" before "At the 

beginning"; and 

(C) by adding at the end the following: 

(B) Except as provided in subparagraph (C), in any 

calendar year after 2002-

(i) limitation established by subsections 

(a)(1)(A), (a)(1)(B), (a)(3), (b), (d), or (h) shall be 

increased by the percent difference determined under 

subparagraph (A); 

(ii) each amount so increased shall remain in 

effect for the calendar year; and 

(iii) if any amount after adjustment under clause 

(i) is not a multiple of $100, such amount shall be 

rounded to the nearest multiple of $100. 

(C) In the case of limitations under subsections 

(a)(1)(A), (a)(1)(B), (a)(3), and (h), increases shall only 

be made in odd-numbered years and such increases shall 

remain in effect for the 2-year period beginning on the 

first day following the date of the last general election in 

the year preceding the year in which the amount is 

increased and ending on the date of the next general 

election.; and 

(2) in paragraph (2)(B), by striking "means the 

calendar year 1974" and inserting "means-

(i) for purposes of subsections (b) and (d), 

calendar year 1974; and 
50 a 

(ii) for purposes of subsections (a)(1)(A), 

(a)(l)(B), (a)(3), and (h), calendar year 2001". 

2 USCA § 441aNOTE 

(e) EFFECTIVE DATE.-The amendments made by 

this section shall apply with respect to contributions made on 

or after January 1, 2003. 
51 a 

SEC. 308. DONATIONS TO PRESIDENTIAL 

INAUGURAL COMMITTEE. 

(a) IN GENERAL-Chapter 5 oftitle 36, United 

States Code, is amended by36 USCA § 510 

36 USCA § 511 

( 1) redesignating section 510 as section 511; and 

36 USCA § 510 

(2) inserting after section 509 the following: 

§ 510. Disclosure of and prohibition on certain donations 

(a) IN GENERAL-A committee shall not be 

considered to be the Inaugural Committee for purposes of 

this chapter unless the committee agrees to, and meets, the 

requirements of subsections (b) and (c). 

(b) DISCLOSURE.-

(!) 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) ofthe Federal Election Campaign Act of 1971 (2 

U.S.C. 441e(b))). 

2 USCA § 434 
52a 

(b) REPORTS MADE AVAILABLE BY FEC.-

Section 304 of the Federal Election Campaign Act of 1971 

(2 U.S.C. 434), as amended by sections 103,201, and 212 is 

amended by adding at the end the following: 

(h) REPORTS FROM INAUGURAL COMMITTEES.-The Federal Election Commission shall make 

any report filed by an Inaugural Committee under section 

510 of title 36, United States Code, accessible to the public at 

the offices of the Commission and on the Internet not later 

than 48 hours after the report is received by the Commission. 

SEC. 309. PROHIBITION ON FRAUDULENT 

SOLICITATION OF FUNDS. 

Section 322 of the Federal Election Campaign Act of 

1971 (2 U.S.C. 441h) is amended2 USCA § 441h 

(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-

( I) 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). 

2 USCA § 431 NOTE 

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 
53 a 

provide in whole or in part for the public financing of 

election campaigns. 

(b) STUDY.-

(1) IN GENERAL.-The Comptroller General shall 

conduct a study of the clean money clean elections of 

Arizona and Maine. 

(2) MATTERS STUDIED.-

(A) STATISTICS ON CLEAN MONEY 

CLEAN ELECTIONS CANDIDATES.-The 

Comptroller General shall determine-

(i) the number of candidates who have 

chosen to run for public office with clean 

money clean elections includingen the office for which they were 

candidates; 

ern whether the candidate was an 

incumbent or a challenger; and 

(III) whether the candidate was 

successful in the candidate's bid for public 

office; and 

(ii) the number of races in which at least 

one candidate ran an election with clean 

money clean elections. 

(B) EFFECTS OF CLEAN MONEY 

CLEAN ELECTIONS.-The Comptroller General 

of the United States shall describe the effects of 

public financing under the clean money clean 

elections laws on the 2000 elections in Arizona 

and Maine. 

(c) REPORT.-Not later than 1 year after the date of 

enactment of this Act, the Comptroller General of the United 
54 a 

States shall submit a report to the Congress detailing the 

results of the study conducted under subsection (b). 

SEC. 311. CLARITY STANDARDS FOR IDENTIFICATION OF SPONSORS OF 

ELECTION-RELATED ADVERTISING. 

Section 318 of the Federal Election Campaign Act of 

1971 (2 U.S.C. 44Id) is amended-

(!) in subsection (a)-

2 USCA § 44ld 

(A) in the matter preceding paragraph (1)-

(i) by striking "Whenever" and 

inserting "Whenever a political committee 

makes a disbursement for the purpose of 

financing any communication through any 

broadcasting station, newspaper, magazine, 

outdoor advertising facility, mailing, or any 

other type of general public political 

advertising, or whenever"; 

(ii) by striking "an expenditure" and 

inserting "a disbursement"; 

(iii) by striking "direct"; and 

(iv) by inserting "or makes a 

disbursement for an electioneering 

communication (as defined in section 

304(f)(3))" after "public political 

advertising"; and 

2 USCA § 44ld 

(B) in paragraph (3), by inserting "and 

permanent street address, telephone number, 

or World Wide Web address" after "name"; 

and 

2 USCA § 44ld 

(2) by adding at the end the following: 
55 a 

(c) SPECIFICATION.-Any printed communication 

described in subsection (a) shall-

( I) 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.-

(!) 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 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 
56 a 

(II) the candidate in voice-over, 

accompanied by a clearly identifiable 

photographic or similar image of the 

candidate; and 

(ii) shall also appear in writing at the 

end of the communication in a clearly 

readable manner with a reasonable degree of 

color contrast between the background and the 

printed statement, for a period of at least 4 

seconds. 

(2) COMMUNICATIONS BY OTHERS.-Any 

communication described in paragraph (3) of 

subsection (a) which is transmitted through radio or 

television shall include, in addition to the 

requirements of that paragraph, in a clearly spoken 

manner, the following audio statement: " is 

responsible for the content of this advertising." (with 

the blank to be filled in with the name of the political 

committee or other person paying for the 

communication and the name of any connected 

organization of the payor). If transmitted through 

television, the statement shall be conveyed by an 

unobscured, full- screen view of a representative of 

the political committee or other person making the 

statement, or by a representative of such political 

committee or other person in voice-over, and shall 

also appear in a clearly readable manner with a 

reasonable degree of color contrast between the 

background and the printed statement, for a period of 

at least 4 seconds. 

SEC. 312. INCREASE IN PENAL TIES. 

2 USCA § 437g 

(a) IN GENERAL-Subparagraph (A) of section 

309(d)(l) of the Federal Election Campaign Act of 1971 

(2 U.S.C. 437g(d)(1)(A)) is amended to read as follows: 
57 a 

(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. 

2 USCA § 437g NOTE 

(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. 

2 USCA § 455 

(a) IN GENERAL-Section 406(a) ofthe Federal 

Election Campaign Act of 1971 (2 U.S. C. 455(a)) is 

amended by striking "3" and inserting "5". 

2 USCA § 455 NOTE 

(b) EFFECTIVE DATE.-The amendment made by this 

section shall apply to violations occurring on or after the 

effective date of this Act. 

28 USCA § 994 NOTE 

SEC. 314. SENTENCING GUIDELINES. 

(a) IN GENERAL.-The United States Sentencing 

Commission shall-

(1) promulgate a guideline, or amend an existing 

guideline under section 994 of title 28, United States 

Code, in accordance with paragraph (2), for penalties 

for violations of the Federal Election Campaign Act 

of 1971 and related election laws; and 
58a 

(2) submit to Congress an explanation of any 

guidelines promulgated under paragraph (1) and any 

legislative or administrative recommendations 

regarding enforcement of the Federal Election 

Campaign Act of 1971 and related election laws. 

(b) CONSIDERATIONS.-The Commission shall 

provide guidelines under subsection (a) taking into account 

the following considerations: 

(1) Ensure that the sentencing guidelines and 

policy statements reflect the serious nature of such 

violations and the need for aggressive and 

appropriate law enforcement action to prevent such 

violations. 

(2) Provide a sentencing enhancement for any 

person convicted of such violation if such violation 

involves-

( A) a contribution, donation, or expenditure 

from a foreign source; 

(B) a large number of illegal transactions; 

(C) a large aggregate amount of illegal 

contributions, donations, or expenditures; 

(D) the receipt or disbursement of 

governmentrunwnds;and 

(E) an intent to achieve a benefit from the 

Federal Government. 

(3) Assure reasonable consistency with other 

relevant directives and guidelines of the 

Commission. 

(4) Account for aggravating or mitigating 

circumstances that might justify exceptions, 

including circumstances for which the sentencing 
59 a 

guidelines currently provide sentencing 

enhancements. 

(5) Assure the guidelines adequately meet the 

purposes of sentencing under section 3553(a)(2) of 

title 18, United States Code. 

(c) EFFECTIVE DATE; EMERGENCY 

AUTHORITY TO PROMULGATE GUIDELINES.-

(!) EFFECTNE DATE.-Notwithstanding 

section 402, the United States Sentencing 

Commission shall promulgate guidelines under this 

section not later than the later of-

( A) 90 days after the effective date of this 

Act; or 

(B) 90 days after the date on which at least a 

majority of the members of the Commission are 

appointed and holding office. 

(2) EMERGENCY AUTHORITY TO 

PROMULGATE GUIDELINES.-The Commission 

shall promulgate guidelines under this section in 

accordance with the procedures set forth in section 

21(a) of the Sentencing Reform Act of 1987, as 

though the authority under such Act has not expired. 

SEC. 315. INCREASE IN PENALTIES IMPOSED FOR 

VIOLATIONS OF CONDUIT CONTRIBUTIONBAN. 

(a) INCREASE IN CIVIL MONEY PENALTY FOR 

KNOWING AND WILLFUL VIOLATIONS.-Section 

309(a) of the Federal Election Campaign Act of 1971 

(2 U.S.C. 437g(a)) is amended2 USCA § 437g 

(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 
60a 

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 PENAL TY.-Section 

309(d)(1) of such Act (2 U.S.C. 437g(d)(1)) is amended by 

adding at the end the following new subparagraph: 

(D) Any person who knowingly and 

willfully commits a violation of section 320 

involving an amount aggregating more than 

$10,000 during a calendar year shall be-

(i) imprisoned for not more than 2 

years if the amount is less than $25,000 

(and subject to imprisonment under 

subparagraph (A) if the amount is $25,000 

or more); 

(ii) fined not less than 300 percent of 

the amount involved in the violation and 

not more than the greater of-

(I) $50,000; or 

(II) 1,000 percent of the 

amount involved in the violation; or 

(iii) both imprisoned under clause (i) 

and fined under clause (ii). 

2 USCA § 437gNOTE 
61a 

(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. 

2 USCA § 441a 

SEC. 316. RESTRICTION ON INCREASED CONTRIBUTION LIMITS BY TAKING INTO 

ACCOUNT CANDIDATE'S AVAILABLE 

FUNDS. 

Section 315(i)(1) ofthe Federal Election Campaign 

Act of 1971 (2 U.S.C. 441a(i)(1)), as added by this Act, is 

amended by adding at the end the following: 

(E) SPECIAL RULE FOR CANDIDATE'S 

CAMPAIGN FUNDS.-

(i) IN GENERAL-For purposes of 

determining the aggregate amount of 

expenditures from personal funds under 

subparagraph (D)(ii), such amount shall 

include the gross receipts advantage of the 

candidate's authorized committee. 

(ii) GROSS RECEIPTS 

ADV ANTAGE.-For purposes of clause (i), 

the term "gross receipts advantage" means 

the excess, if any, of-

(I) the aggregate amount of 50 

percent of gross receipts of a 

candidate's authorized committee 

during any election cycle (not 

including contributions from personal 

funds of the candidate) that may be 

expended in connection with the 

election, as determined on June 30 

and December 31 of the year 

preceding the year in which a general 

election is held, over 
62a 

on the aggregate amount of 50 

percent of gross receipts of the 

opposing candidate's authorized 

committee during any election cycle 

(not including contributions from 

personal funds of the candidate) that 

may be expended in connection with 

the election, as determined on June 30 

and December 31 of the year 

preceding the year in which a general 

election is held. 

2 USCA § 441e 

SEC. 317. CLARIFICATION OF RIGHT OF 

NATIONALS OF THE UNITED 

STATES TO MAKE POLITICAL 

CONTRIBUTIONS. 

Section 319(b)(2) ofthe Federal Election Campaign 

Act of1971 (2 U.S.C. 441e(b)(2)) is amended by inserting 

after "United States" the following: "or a national of the 

United States (as defmed in section 101(a)(22) of the 

Immigration and Nationality Act)". 

2 USCA § 441k 

SEC. 318. PROHIBITION OF CONTRIBUTIONS BY 

MINORS. 

Title ill 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 
63a 

EXPENDITURES FROM PERSONAL 

FUNDS. 

2 USCA § 441a-1 

(a) INCREASED LIMITS.-Title ill ofthe Federal 

Election Campaign Act of 1971 (2 U.S. C. 431 et seq.) is 

amended by inserting after section 315 the following new 

section: 

MODIFICATION OF CERTAIN LIMITS FOR HOUSE 

CANDIDATES IN RESPONSE TO PERSONAL FUND 

EXPENDITURES OF OPPONENTS 

SEC. 315A. (a) AVAILABILITY OF INCREASED 

LIMIT.-

(1) IN GENERAL-Subject to paragraph (3), if the 

opposition personal funds amount with respect to a 

candidate for election to the office of Representative in, 

or Delegate or Resident Commissioner to, the Congress 

exceeds $350,000-

(A) the limit under subsection (a)(1)(A) with 

respect to the candidate shall be tripled; 

(B) the limit under subsection (a)(3) shall 

not apply with respect to any contribution made 

with respect to the candidate if the contribution is 

made under the increased limit allowed under 

subparagraph (A) during a period in which the 

candidate may accept such a contribution; and 

(C) the limits under subsection (d) with 

respect to any expenditure by a State or national 

committee of a political party on behalf of the 

candidate shall not apply. 

(2) DETERMINATION OF OPPOSITION 

PERSONAL FUNDS AMOUNT.-

(A) IN GENERAL.-The opposition personal 

funds amount is an amount equal to the excess (if 

any) of-
64a 

(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.-

(i) IN GENERAL-For purposes of 

determining the aggregate amount of 

expenditures from personal funds under 

subparagraph (A), such amount shall 

include the gross receipts advantage of the 

candidate's authorized committee. 

(ii) GROSS RECEIPTS ADV ANTAGE.-For purposes of clause (i), the term 

"gross receipts advantage" means the 

excess, if any, of-

(I) the aggregate amount of 50 

percent of gross receipts of a 

candidate's authorized committee 

dUring any election cycle (not 

including contributions from personal 

funds of the candidate) that may be 

expended in connection with the 

election, as determined on June 30 

and December 31 of the year 

preceding the year in which a general 

election is held, over 

(II) the aggregate amount of 50 

percent of gross receipts of the 

opposing candidate's authorized 
65a 

committee during any election cycle 

(not including contributions from 

personal funds of the candidate) that 

may be expended in connection with 

the election, as determined on June 30 

and December 31 of the year 

preceding the year in which a general 

election is held. 

(3) TIME TO ACCEPT CONTRIBUTIONS UNDER 

INCREASED LIMIT.-

(A) IN GENERAL-Subject to subparagraph 

(B), a candidate and the candidate's authorized 

committee shall not accept any contribution, and 

a party committee shall not make any 

expenditure, under the increased limit under 

paragraph (1 )-

(i) until the candidate has received 

notification of the opposition personal 

funds amount under subsection (b)(1); and 

(ii) to the extent that such contribution, 

when added to the aggregate amount of 

contributions previously accepted and party 

expenditures previously made under the 

increased limits under this subsection for 

the election cycle, exceeds 100 percent of 

the opposition personal funds amount. 

(B) EFFECT OF WITHDRAWAL OF AN 

OPPOSING CANDIDATE.-A candidate and a 

candidate's authorized committee shall not 

accept any contribution and a party shall not 

make any expenditure under the increased limit 

after the date on which an opposing candidate 

ceases to be a candidate to the extent that the 
66a 

amount of such increased limit is attributable to 

such an opposing candidate. 

(4) DISPOSAL OF EXCESS CONTRIBUTIONS.-

(A) IN GENERAL.-The aggregate amount 

of contributions accepted by a candidate or a 

candidate's authorized committee under the 

increased limit under paragraph (1) and not 

otherwise expended in connection with the 

election with respect to which such contributions 

relate shall, not later than 50 days after the date 

of such election, be used in the manner described 

in subparagraph (B). 

(B) RETURN TO CONTRIBUTORS.-A 

candidate or a candidate's authorized committee 

shall return the excess contribution to the person 

who made the contribution. 

(b) NOTIFICATION OF EXPENDITURES FROM 

PERSONAL FUNDS.-

(1) IN GENERAL.-

(A) DEFINITION OF EXPENDITURE 

FROM PERSONAL FUNDS.-In this paragraph, 

the term "expenditure from personal funds" 

means-

(i) an expenditure made by a candidate 

using personal funds; and 

(ii) a contribution or loan made by a 

candidate using personal funds or a loan 

secured using such funds to the candidate's 

authorized committee. 

(B) DECLARATION OF INTENT.-Not later 

than the date that is 15 days after the date on which an 

individual becomes a candidate for the office of 

Representative m, or Delegate or Resident 
67a 

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 
68a 

(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. 

2 USCA § 44la 

(b) CONFORMING AMENDMENT.-Section 

315(a)(1) of the Federal Election Campaign Act of 1971 

(2 U.S.C. 441a), as amended by section 304(a), is amended 

by striking "subsection (i)," and inserting "subsection (i) and 

section 315A,. 

TITLE IV-SEVERABILITY; EFFECTIVE DATE 

2 USCA § 454 NOTE 

SEC. 401. SEVERABILITY. 

If any provision of this Act or amendment made by 

this Act, or the application of a provision or amendment to 

any person or circumstance, is held to be unconstitutional, 

the remainder of this Act and amendments made by this Act, 

and the application of the provisions and amendment to any 

person or circumstance, shall not be affected by the holding. 

2 USCA § 431 NOTE 

SEC. 402. EFFECTIVE DATES AND REGULATIONS. 

(a) GENERAL EFFECTIVE DATE.-

(1) IN GENERAL-Except as provided in the 

succeeding provisions of this section, the effective date 
69a 

of this Act, and the amendments made by this Act, is 

November 6, 2002. 

(2) MODIFICATION OF CONTRIBUTION 

LIMITS.-The amendments made by-

( A) section 102 shall apply with respect to 

contributions made on or after January 1, 2003; 

and 

(B) section 307 shall take effect as provided 

in subsection (e) of such section. 

(3) SEVERABILITY; EFFECTIVE DATES AND 

REGULATIONS; JUDICIAL REVIEW.-Title IV shall 

take effect on the date of enactment of this Act. 

(4) PROVISIONS NOT TO APPLY TO RUNOFF 

ELECTIONS.-Section 323(b) of the Federal Election 

Campaign Act of 1971 (as added by section lOl(a)), 

section 103(a), title II, sections 304 (including section 

315(j) of Federal Election Campaign Act of 1971, as 

added by section 304(a)(2)), 305 (notwithstanding 

subsection (c) of such section), 311, 316, 318, and 319, 

and title V (and the amendments made by such sections 

and titles) shall take effect on November 6, 2002, but 

shall not apply with respect to runoff elections, recounts, 

or election contests resulting from elections held prior to 

such date. 

(b) SOFT MONEY OF NATIONAL POLITICAL 

PARTIES.-

(!) IN GENERAL-Except for subsection (b) of such 

section, section 323 of the Federal Election Campaign 

Act of 1971 (as added by section lOl(a)) shall take 

effect on November 6, 2002. 

(2) TRANSITIONAL RULES FOR THE 

SPENDING OF SOFT MONEY OF NATIONAL 

POLITICAL PARTIES.-
70a 

(A) IN GENERAL-Notwithstanding section 

323(a) of the Federal Election Campaign Act of 

1971 (as added by section lOl(a)), if a national 

committee of a political party described in such 

section (including any person who is subject to 

such section under paragraph (2) of such 

section), has received funds described in such 

section prior to November 6, 2002, the rules 

described in subparagraph (B) shall apply with 

respect to the spending of the amount of such 

funds in the possession of such committee as of 

such date. 

(B) USE OF EXCESS SOFT MONEY 

FUNDS.-

(i) IN GENERAL-Subject to clauses (ii) 

and (iii), the national committee of a political 

party may use the amount described in 

subparagraph (A) prior to January 1, 2003, 

solely for the purpose of-

(1) retiring outstanding debts or 

obligations that were incurred solely in 

connection with an election held prior to 

November 6, 2002; or 

(II) paying expenses or retiring 

outstanding debts or paying for obligations 

that were incurred solely in connection 

with any runoff election, recount, or 

election contest resulting from an election 

held prior to November 6, 2002. 

(ii) PROHIBITION ON USING SOFT 

MONEY FOR HARD MONEY EXPENSES, 

DEBTS, AND OBLIGATIONS.-A national 

committee of a political party may not use the 

amount described in subparagraph (A) for any 
71a 

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.-

(!) IN GENERAL-Except as provided in paragraph 

(2), the Federal Election Commission shall promulgate 

regulations to carry out this Act and the amendments 

made by this Act that are under the Commission's 

jurisdiction not later than 270 days after the date of 

enactment of this Act. 

(2) SOFT MONEY OF POLITICAL PARTIES.-Not 

later than 90 days after the date of enactment of this Act, 

the Federal Election Commission shall promulgate 

regulations to carry out title I of this Act and the 

amendments made by such title. 

2 USCA § 437h NOTE 

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. 
72a 

(2) A copy of the complaint shall be delivered 

promptly to the Clerk of the House of Representatives 

and the Secretary of the Senate. 

(3) A final decision in the action shall be reviewable 

only by appeal directly to the Supreme Court of the 

United States. Such appeal shall be taken by the filing of 

a notice of appeal within 10 days, and the filing of a 

jurisdictional statement within 30 days, of the entry of 

the final decision. 

(4) It shall be the duty of the United States District 

Court for the District of Columbia and the Supreme 

Court of the United States to advance on the docket and 

to expedite to the greatest possible extent the disposition 

of the action and appeal. 

(b) INTERVENTION BY MEMBERS OF 

CONGRESS.-In any action in which the constitutionality of 

any provision of this Act or any amendment made by this Act 

is raised (including but not limited to an action described in 

subsection (a)), any member ofthe House of Representatives 

(including a Delegate or Resident Commissioner to the 

Congress) or Senate shall have the right to intervene either in 

support of or opposition to the position of a party to the case 

regarding the constitutionality of the provision or 

amendment. To avoid duplication of efforts and reduce the 

burdens placed on the parties to the action, the court in any 

such action may make such orders as it considers necessary, 

including orders to require intervenors taking similar 

positions to file joint papers or to be represented by a single 

attorney at oral argument. 

(c) CHALLENGE BY MEMBERS OF CONGRESS.-

Any Member of Congress may bring an action, subject to the 

special rules described in subsection (a), for declaratory or 

injunctive relief to challenge the constitutionality of any 

provision of this Act or any amendment made by this Act. 

(d) APPLICABILITY.-
73a 

(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 

2 USCA § 434 

SEC. 501. INTERNET ACCESS TO RECORDS. 

Section 304(a)(11)(B) of the Federal Election 

Campaign Act of 1971 (2 U.S.C. 434(a)(11)(B)) is amended 

to read as follows: 

(B) The Commission shall make a designation, 

statement, report, or notification that is filed with the 

Commission under this Act available for inspection by the 

public in the offices of the Commission and accessible to the 

public on the Internet not later than 48 hours (or not later 

than 24 hours in the case of a designation, statement, report, 

or notification filed electronically) after receipt by the 

Commission. 

2 USCA § 438a 

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 electionrelated 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. 
74a 

(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. 

2 USCA § 434 

(a) PRINCIPAL CAMPAIGN COMMITTEES.-

Section 304(a)(2)(B) of the Federal Election Campaign Act 

of 1971 is amended by striking ''the following reports" and 

all that follows through the period and inserting "the 

treasurer shall file quarterly reports, which shall be filed not 

later than the 15th day after the last day of each calendar 

quarter, and which shall be complete as of the last day of 

each calendar quarter, except that the report for the quarter 

ending December 31 shall be filed not later than January 31 

ofthe following calendar year." 

(b) NATIONAL COMMITTEE OF A POLITICAL 

PARTY.-Section 304(a)(4) of such Act (2 U.S.C. 434(a)(4)) 

is amended by adding at the end the following flush sentence: 

"Notwithstanding the preceding sentence, a national 

committee of a political party shall file the reports required 

under subparagraph (B)." 

47 USCA § 315 
75a 

SEC. 504. PUBLIC ACCESS TO BROADCASTING 

RECORDS. 

Section 315 of the Communications Act of 1934 ( 4 7 

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 
76a 

candidate is seeking election, the election to 

which the communication refers, or the issue to 

which the communication refers (as applicable); 

(F) in the case of a request made by, or on 

behalf of, a candidate, the name of the candidate, 

the authorized committee of the candidate, and 

the treasurer of such committee; and 

(G) in the case of any other request, the 

name of the person purchasing the time, the 

name, address, and phone number of a contact 

person for such person, and a list of the chief 

executive officers or members of the executive 

committee or of the board of directors of such 

person. 

(3) TIME TO MAINTAIN FILE.-The information 

required under this subsection shall be placed in a 

political file as soon as possible and shall be retained by 

the licensee for a period of not less than 2 years. 

Approved March 27,2002.