H. R. 2356
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To amend the Federal Election Campaign Act of 1971 to provide bipartisan campaign
reform.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Bipartisan
Campaign Reform Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
TITLE I—REDUCTION OF SPECIAL INTEREST INFLUENCE
Sec. 101. Soft money of political parties.
Sec. 102. Increased contribution limit for State committees of political parties.
Sec. 103. Reporting requirements.
TITLE II—NONCANDIDATE CAMPAIGN EXPENDITURES
Subtitle A—Electioneering Communications
Sec. 201. Disclosure of electioneering communications.
Sec. 202. Coordinated communications as contributions.
Sec. 203. Prohibition of corporate and labor disbursements for electioneering
communications.
Sec. 204. Rules relating to certain targeted electioneering communications.
Subtitle B—Independent and Coordinated Expenditures
Sec. 211. Definition of independent expenditure.
Sec. 212. Reporting requirements for certain independent expenditures.
Sec. 213. Independent versus coordinated expenditures by party.
Sec. 214. Coordination with candidates or political parties.
TITLE III—MISCELLANEOUS
Sec. 301. Use of contributed amounts for certain purposes.
Sec. 302. Prohibition of fundraising on Federal property.
Sec. 303. Strengthening foreign money ban.
Sec. 304. Modification of individual contribution limits in response to expenditures
from personal funds.
Sec. 305. Limitation on availability of lowest unit charge for Federal candidates
attacking opposition.
Sec. 306. Software for filing reports and prompt disclosure of contributions.
Sec. 307. Modification of contribution limits.
Sec. 308. Donations to Presidential inaugural committee.
Sec. 309. Prohibition on fraudulent solicitation of funds.
Sec. 310. Study and report on clean money clean elections laws.
Sec. 311. Clarity standards for identification of sponsors of election-related adver-
tising.
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.
H. R. 2356—2
Sec. 316. Restriction on increased contribution limits by taking into account
candidate’s available funds.
Sec. 317. Clarification of right of nationals of the United States to make political
contributions.
Sec. 318. Prohibition of contributions by minors.
Sec. 319. Modification of individual contribution limits for House candidates in
response to expenditures from personal funds.
TITLE IV—SEVERABILITY; EFFECTIVE DATE
Sec. 401. Severability.
Sec. 402. Effective dates and regulations.
Sec. 403. Judicial review.
TITLE V—ADDITIONAL DISCLOSURE PROVISIONS
Sec. 501. Internet access to records.
Sec. 502. Maintenance of website of election reports.
Sec. 503. Additional disclosure reports.
Sec. 504. Public access to broadcasting records.
TITLE I—REDUCTION OF SPECIAL
INTEREST INFLUENCE
SEC. 101. SOFT MONEY OF POLITICAL PARTIES.
(a) IN GENERAL.—Title III of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the
end the following:
‘‘SEC. 323. SOFT MONEY OF POLITICAL PARTIES.
‘‘(a) NATIONAL COMMITTEES.—
‘‘(1) IN GENERAL.—A national committee of a political party
(including a national congressional campaign committee of a
political party) may not solicit, receive, or direct to another
person a contribution, donation, or transfer of funds or any
other thing of value, or spend any funds, that are not subject
to the limitations, prohibitions, and reporting requirements
of this Act.
‘‘(2) APPLICABILITY.—The prohibition established by para-
graph (1) applies to any such national committee, any officer
or agent acting on behalf of such a national committee, and
any entity that is directly or indirectly established, financed,
maintained, or controlled by such a national committee.
‘‘(b) STATE, DISTRICT, AND LOCAL COMMITTEES.—
‘‘(1) IN GENERAL.—Except as provided in paragraph (2),
an amount that is expended or disbursed for Federal election
activity by a State, district, or local committee of a political
party (including an entity that is directly or indirectly estab-
lished, 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 associa-
tion 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
H. R. 2356—3
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 require-
ments 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 sub-
section).
‘‘(B) CONDITIONS.—Subparagraph (A) shall only apply
if—
‘‘(i) the activity does not refer to a clearly identified
candidate for Federal office;
‘‘(ii) the amounts expended or disbursed are not
for the costs of any broadcasting, cable, or satellite
communication, other than a communication which
refers solely to a clearly identified candidate for State
or local office;
‘‘(iii) the amounts expended or disbursed which
are described in subparagraph (A)(ii) are paid from
amounts which are donated in accordance with State
law and which meet the requirements of subparagraph
(C), except that no person (including any person estab-
lished, financed, maintained, or controlled by such per-
son) 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 disburse-
ment, 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 com-
mittee of a political party),
‘‘(III) any officer or agent acting on behalf
of any committee described in subclause (I) or
(II), or
‘‘(IV) any entity directly or indirectly estab-
lished, 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 PAR-
TIES
ACTING
JOINTLY.—Notwithstanding subsection (e)
(other than subsection (e)(3)), amounts specifically author-
ized 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
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or their agents, or by a State, local, or district com-
mittee 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 congres-
sional campaign committee of a political party), an entity that
is directly or indirectly established, financed, maintained, or con-
trolled 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 applica-
tion for determination of tax exempt status under such section)
and that makes expenditures or disbursements in connection
with an election for Federal office (including expenditures or
disbursements for Federal election activity); or
‘‘(2) an organization described in section 527 of such Code
(other than a political committee, a State, district, or local
committee of a political party, or the authorized campaign
committee of a candidate for State or local office).
‘‘(e) FEDERAL CANDIDATES.—
‘‘(1) IN GENERAL.—A candidate, individual holding Federal
office, agent of a candidate or an individual holding Federal
office, or an entity directly or indirectly established, financed,
maintained or controlled by or acting on behalf of 1 or more
candidates or individuals holding Federal office, shall not—
‘‘(A) solicit, receive, direct, transfer, or spend funds
in connection with an election for Federal office, including
funds for any Federal election activity, unless the funds
are subject to the limitations, prohibitions, and reporting
requirements of this Act; or
‘‘(B) solicit, receive, direct, transfer, or spend funds
in connection with any election other than an election
for Federal office or disburse funds in connection with
such an election unless the funds—
‘‘(i) are not in excess of the amounts permitted
with respect to contributions to candidates and political
committees under paragraphs (1), (2), and (3) of section
315(a); and
‘‘(ii) are not from sources prohibited by this Act
from making contributions in connection with an elec-
tion for Federal office.
‘‘(2) STATE LAW.—Paragraph (1) does not apply to the solici-
tation, 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
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or local candidate, or to any other candidate for the State
or local office sought by such candidate, or both.
‘‘(3) FUNDRAISING EVENTS.—Notwithstanding paragraph (1)
or subsection (b)(2)(C), a candidate or an individual holding
Federal office may attend, speak, or be a featured guest at
a fundraising event for a State, district, or local committee
of a political party.
‘‘(4) PERMITTING CERTAIN SOLICITATIONS.—
‘‘(A) GENERAL
SOLICITATIONS.—Notwithstanding any
other provision of this subsection, an individual described
in paragraph (1) may make a general solicitation of funds
on behalf of any organization that is described in section
501(c) of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code (or has
submitted an application for determination of tax exempt
status under such section) (other than an entity whose
principal purpose is to conduct activities described in
clauses (i) and (ii) of section 301(20)(A)) where such solicita-
tion 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 solici-
tation explicitly to obtain funds for carrying out the activi-
ties described in clauses (i) and (ii) of section 301(20)(A),
or for an entity whose principal purpose is to conduct
such activities, if—
‘‘(i) the solicitation is made only to individuals;
and
‘‘(ii) the amount solicited from any individual
during any calendar year does not exceed $20,000.
‘‘(f) STATE CANDIDATES.—
‘‘(1) IN GENERAL.—A candidate for State or local office,
individual holding State or local office, or an agent of such
a candidate or individual may not spend any funds for a commu-
nication described in section 301(20)(A)(iii) unless the funds
are subject to the limitations, prohibitions, and reporting
requirements of this Act.
‘‘(2) EXCEPTION FOR CERTAIN COMMUNICATIONS.—Paragraph
(1) shall not apply to an individual described in such paragraph
if the communication involved is in connection with an election
for such State or local office and refers only to such individual
or to any other candidate for the State or local office held
or sought by such individual, or both.’’.
(b) DEFINITIONS.—Section 301 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431) is amended by adding at the end thereof
the following:
‘‘(20) FEDERAL ELECTION ACTIVITY.—
‘‘(A) IN GENERAL.—The term ‘Federal election activity’
means—
‘‘(i) voter registration activity during the period
that begins on the date that is 120 days before the
date a regularly scheduled Federal election is held
and ends on the date of the election;
‘‘(ii) voter identification, get-out-the-vote activity,
or generic campaign activity conducted in connection
with an election in which a candidate for Federal office
H. R. 2356—6
appears on the ballot (regardless of whether a can-
didate for State or local office also appears on the
ballot);
‘‘(iii) a public communication that refers to a
clearly identified candidate for Federal office (regard-
less of whether a candidate for State or local office
is also mentioned or identified) and that promotes or
supports a candidate for that office, or attacks or
opposes a candidate for that office (regardless of
whether the communication expressly advocates a vote
for or against a candidate); or
‘‘(iv) services provided during any month by an
employee of a State, district, or local committee of
a political party who spends more than 25 percent
of that individual’s compensated time during that
month on activities in connection with a Federal elec-
tion.
‘‘(B) EXCLUDED ACTIVITY.—The term ‘Federal election
activity’ does not include an amount expended or disbursed
by a State, district, or local committee of a political party
for—
‘‘(i) a public communication that refers solely to
a clearly identified candidate for State or local office,
if the communication is not a Federal election activity
described in subparagraph (A)(i) or (ii);
‘‘(ii) a contribution to a candidate for State or
local office, provided the contribution is not designated
to pay for a Federal election activity described in
subparagraph (A);
‘‘(iii) the costs of a State, district, or local political
convention; and
‘‘(iv) the costs of grassroots campaign materials,
including buttons, bumper stickers, and yard signs,
that name or depict only a candidate for State or
local office.
‘‘(21) GENERIC CAMPAIGN ACTIVITY.—The term ‘generic cam-
paign 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 commu-
nication’ means a communication by means of any broadcast,
cable, or satellite communication, newspaper, magazine, out-
door advertising facility, mass mailing, or telephone bank to
the general public, or any other form of general public political
advertising.
‘‘(23) MASS MAILING.—The term ‘mass mailing’ means a
mailing by United States mail or facsimile of more than 500
pieces of mail matter of an identical or substantially similar
nature within any 30-day period.
‘‘(24) TELEPHONE BANK.—The term ‘telephone bank’ means
more than 500 telephone calls of an identical or substantially
similar nature within any 30-day period.’’.
SEC. 102. INCREASED CONTRIBUTION LIMIT FOR STATE COMMITTEES
OF POLITICAL PARTIES.
Section 315(a)(1) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(1)) is amended—
H. R. 2356—7
(1) in subparagraph (B), by striking ‘‘or’’ at the end;
(2) in subparagraph (C)—
(A) by inserting ‘‘(other than a committee described
in subparagraph (D))’’ after ‘‘committee’’; and
(B) by striking the period at the end and inserting
‘‘; or’’; and
(3) by adding at the end the following:
‘‘(D) to a political committee established and maintained
by a State committee of a political party in any calendar year
which, in the aggregate, exceed $10,000.’’.
SEC. 103. REPORTING REQUIREMENTS.
(a) REPORTING REQUIREMENTS.—Section 304 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434) is amended by adding
at the end the following:
‘‘(e) POLITICAL COMMITTEES.—
‘‘(1) NATIONAL
AND
CONGRESSIONAL
POLITICAL
COMMIT-
TEES.—The national committee of a political party, any national
congressional campaign committee of a political party, and
any subordinate committee of either, shall report all receipts
and disbursements during the reporting period.
‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH SECTION 323
APPLIES.—
‘‘(A) IN GENERAL.—In addition to any other reporting
requirements applicable under this Act, a political com-
mittee (not described in paragraph (1)) to which section
323(b)(1) applies shall report all receipts and disbursements
made for activities described in section 301(20)(A), unless
the aggregate amount of such receipts and disbursements
during the calendar year is less than $5,000.
‘‘(B) SPECIFIC DISCLOSURE BY STATE AND LOCAL PARTIES
OF CERTAIN NON-FEDERAL AMOUNTS PERMITTED TO BE SPENT
ON FEDERAL ELECTION ACTIVITY.—Each report by a political
committee under subparagraph (A) of receipts and disburse-
ments 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 CON-
TRIBUTION.—
(1) IN GENERAL.—Section 301(8)(B) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended—
(A) by striking clause (viii); and
(B) by redesignating clauses (ix) through (xv) as clauses
(viii) through (xiv), respectively.
(2) NONPREEMPTION OF STATE LAW.—Section 403 of such
Act (2 U.S.C. 453) is amended—
H. R. 2356—8
(A) by striking ‘‘The provisions of this Act’’ and
inserting ‘‘(a) IN GENERAL.—Subject to subsection (b), the
provisions of this Act’’; and
(B) by adding at the end the following:
‘‘(b) STATE AND LOCAL COMMITTEES OF POLITICAL PARTIES.—
Notwithstanding any other provision of this Act, a State or local
committee of a political party may, subject to State law, use exclu-
sively funds that are not subject to the prohibitions, limitations,
and reporting requirements of the Act for the purchase or construc-
tion of an office building for such State or local committee.’’.
TITLE II—NONCANDIDATE CAMPAIGN
EXPENDITURES
Subtitle A—Electioneering
Communications
SEC. 201. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.
(a) IN GENERAL.—Section 304 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434), as amended by section 103, is amended
by adding at the end the following new subsection:
‘‘(f) DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.—
‘‘(1) STATEMENT REQUIRED.—Every person who makes a
disbursement for the direct costs of producing and airing
electioneering communications in an aggregate amount in
excess of $10,000 during any calendar year shall, within 24
hours of each disclosure date, file with the Commission a state-
ment containing the information described in paragraph (2).
‘‘(2) CONTENTS OF STATEMENT.—Each statement required
to be filed under this subsection shall be made under penalty
of perjury and shall contain the following information:
‘‘(A) The identification of the person making the
disbursement, of any person sharing or exercising direction
or control over the activities of such person, and of the
custodian of the books and accounts of the person making
the disbursement.
‘‘(B) The principal place of business of the person
making the disbursement, if not an individual.
‘‘(C) The amount of each disbursement of more than
$200 during the period covered by the statement and the
identification of the person to whom the disbursement was
made.
‘‘(D) The elections to which the electioneering commu-
nications pertain and the names (if known) of the can-
didates identified or to be identified.
‘‘(E) If the disbursements were paid out of a segregated
bank account which consists of funds contributed solely
by individuals who are United States citizens or nationals
or lawfully admitted for permanent residence (as defined
in section 101(a)(20) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(20))) directly to this account for
electioneering communications, the names and addresses
of all contributors who contributed an aggregate amount
of $1,000 or more to that account during the period begin-
ning on the first day of the preceding calendar year and
H. R. 2356—9
ending on the disclosure date. Nothing in this subpara-
graph 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 pre-
ceding calendar year and ending on the disclosure date.
‘‘(3) ELECTIONEERING
COMMUNICATION.—For purposes of
this subsection—
‘‘(A) IN GENERAL.—(i) The term ‘electioneering commu-
nication’ means any broadcast, cable, or satellite commu-
nication which—
‘‘(I) refers to a clearly identified candidate for Fed-
eral office;
‘‘(II) is made within—
‘‘(aa) 60 days before a general, special, or run-
off election for the office sought by the candidate;
or
‘‘(bb) 30 days before a primary or preference
election, or a convention or caucus of a political
party that has authority to nominate a candidate,
for the office sought by the candidate; and
‘‘(III) in the case of a communication which refers
to a candidate for an office other than President or
Vice President, is targeted to the relevant electorate.
‘‘(ii) If clause (i) is held to be constitutionally insuffi-
cient by final judicial decision to support the regulation
provided herein, then the term ‘electioneering communica-
tion’ means any broadcast, cable, or satellite communica-
tion 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 subpara-
graph 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 commu-
nication’ does not include—
‘‘(i) a communication appearing in a news story,
commentary, or editorial distributed through the facili-
ties 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 can-
didate debate or forum conducted pursuant to regula-
tions adopted by the Commission, or which solely pro-
motes such a debate or forum and is made by or
on behalf of the person sponsoring the debate or forum;
or
H. R. 2356—10
‘‘(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 para-
graph, except that under any such regulation a commu-
nication may not be exempted if it meets the require-
ments of this paragraph and is described in section
301(20)(A)(iii).
‘‘(C) TARGETING TO RELEVANT ELECTORATE.—For pur-
poses of this paragraph, a communication which refers
to a clearly identified candidate for Federal office is ‘tar-
geted 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 aggre-
gating in excess of $10,000; and
‘‘(B) any other date during such calendar year by which
a person has made disbursements for the direct costs of
producing or airing electioneering communications aggre-
gating in excess of $10,000 since the most recent disclosure
date for such calendar year.
‘‘(5) CONTRACTS TO DISBURSE.—For purposes of this sub-
section, a person shall be treated as having made a disburse-
ment 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 partici-
pating in, intervening in, or influencing or attempting to influ-
ence a political campaign on behalf of or in opposition to any
candidate for public office) for purposes of the Internal Revenue
Code of 1986.’’.
(b) RESPONSIBILITIES OF FEDERAL COMMUNICATIONS COMMIS-
SION.—The Federal Communications Commission shall compile and
maintain any information the Federal Election Commission may
require to carry out section 304(f) of the Federal Election Campaign
Act of 1971 (as added by subsection (a)), and shall make such
information available to the public on the Federal Communication
Commission’s website.
SEC. 202. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.
Section 315(a)(7) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(7)) is amended—
H. R. 2356—11
(1) by redesignating subparagraph (C) as subparagraph
(D); and
(2) by inserting after subparagraph (B) the following:
‘‘(C) if—
‘‘(i) any person makes, or contracts to make, any
disbursement for any electioneering communication (within
the meaning of section 304(f)(3)); and
‘‘(ii) such disbursement is coordinated with a candidate
or an authorized committee of such candidate, a Federal,
State, or local political party or committee thereof, or an
agent or official of any such candidate, party, or committee;
such disbursement or contracting shall be treated as a contribu-
tion to the candidate supported by the electioneering commu-
nication or that candidate’s party and as an expenditure by
that candidate or that candidate’s party; and’’.
SEC. 203. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS
FOR ELECTIONEERING COMMUNICATIONS.
(a) IN GENERAL.—Section 316(b)(2) of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting
‘‘or for any applicable electioneering communication’’ before ‘‘, but
shall not include’’.
(b) APPLICABLE
ELECTIONEERING
COMMUNICATION.—Section
316 of such Act is amended by adding at the end the following:
‘‘(c) RULES RELATING TO ELECTIONEERING COMMUNICATIONS.—
‘‘(1) APPLICABLE
ELECTIONEERING
COMMUNICATION.—For
purposes of this section, the term ‘applicable electioneering
communication’ means an electioneering communication (within
the meaning of section 304(f)(3)) which is made by any entity
described in subsection (a) of this section or by any other
person using funds donated by an entity described in subsection
(a) of this section.
‘‘(2) EXCEPTION.—Notwithstanding paragraph (1), the term
‘applicable electioneering communication’ does not include a
communication by a section 501(c)(4) organization or a political
organization (as defined in section 527(e)(1) of the Internal
Revenue Code of 1986) made under section 304(f)(2)(E) or (F)
of this Act if the communication is paid for exclusively by
funds provided directly by individuals who are United States
citizens or nationals or lawfully admitted for permanent resi-
dence (as defined in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20))). For purposes of the
preceding sentence, the term ‘provided directly by individuals’
does not include funds the source of which is an entity described
in subsection (a) of this section.
‘‘(3) SPECIAL OPERATING RULES.—
‘‘(A) DEFINITION UNDER PARAGRAPH (1).—An election-
eering communication shall be treated as made by an entity
described in subsection (a) if an entity described in sub-
section (a) directly or indirectly disburses any amount for
any of the costs of the communication.
‘‘(B) EXCEPTION
UNDER
PARAGRAPH
(2).—A section
501(c)(4) organization that derives amounts from business
activities or receives funds from any entity described in
subsection (a) shall be considered to have paid for any
communication out of such amounts unless such organiza-
tion paid for the communication out of a segregated account
H. R. 2356—12
to which only individuals can contribute, as described in
section 304(f)(2)(E).
‘‘(4) DEFINITIONS
AND
RULES.—For purposes of this
subsection—
‘‘(A) the term ‘section 501(c)(4) organization’ means—
‘‘(i) an organization described in section 501(c)(4)
of the Internal Revenue Code of 1986 and exempt
from taxation under section 501(a) of such Code; or
‘‘(ii) an organization which has submitted an
application to the Internal Revenue Service for deter-
mination of its status as an organization described
in clause (i); and
‘‘(B) a person shall be treated as having made a
disbursement if the person has executed a contract to make
the disbursement.
‘‘(5) COORDINATION
WITH
INTERNAL
REVENUE
CODE.—
Nothing in this subsection shall be construed to authorize an
organization exempt from taxation under section 501(a) of the
Internal Revenue Code of 1986 to carry out any activity which
is prohibited under such Code.’’.
SEC. 204. RULES RELATING TO CERTAIN TARGETED ELECTIONEERING
COMMUNICATIONS.
Section 316(c) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441b), as added by section 203, is amended by adding
at the end the following:
‘‘(6) SPECIAL RULES FOR TARGETED COMMUNICATIONS.—
‘‘(A) EXCEPTION DOES NOT APPLY.—Paragraph (2) shall
not apply in the case of a targeted communication that
is made by an organization described in such paragraph.
‘‘(B) TARGETED
COMMUNICATION.—For purposes of
subparagraph (A), the term ‘targeted communication’
means an electioneering communication (as defined in sec-
tion 304(f)(3)) that is distributed from a television or radio
broadcast station or provider of cable or satellite television
service and, in the case of a communication which refers
to a candidate for an office other than President or Vice
President, is targeted to the relevant electorate.
‘‘(C) DEFINITION.—For purposes of this paragraph, a
communication is ‘targeted to the relevant electorate’ if
it 
meets 
the 
requirements 
described 
in 
section
304(f)(3)(C).’’.
Subtitle B—Independent and Coordinated
Expenditures
SEC. 211. DEFINITION OF INDEPENDENT EXPENDITURE.
Section 301 of the Federal Election Campaign Act (2 U.S.C.
431) is amended by striking paragraph (17) and inserting the fol-
lowing:
‘‘(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
H. R. 2356—13
candidate’s authorized political committee, or their agents,
or a political party committee or its agents.’’.
SEC. 212. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT
EXPENDITURES.
(a) IN GENERAL.—Section 304 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434) (as amended by section 201) is amended—
(1) in subsection (c)(2), by striking the undesignated matter
after subparagraph (C); and
(2) by adding at the end the following:
‘‘(g) TIME FOR REPORTING CERTAIN EXPENDITURES.—
‘‘(1) EXPENDITURES AGGREGATING $1,000.—
‘‘(A) INITIAL REPORT.—A person (including a political
committee) that makes or contracts to make independent
expenditures aggregating $1,000 or more after the 20th
day, but more than 24 hours, before the date of an election
shall file a report describing the expenditures within 24
hours.
‘‘(B) ADDITIONAL
REPORTS.—After a person files a
report under subparagraph (A), the person shall file an
additional report within 24 hours after each time the person
makes or contracts to make independent expenditures
aggregating an additional $1,000 with respect to the same
election as that to which the initial report relates.
‘‘(2) EXPENDITURES AGGREGATING $10,000.—
‘‘(A) INITIAL REPORT.—A person (including a political
committee) that makes or contracts to make independent
expenditures aggregating $10,000 or more at any time up
to and including the 20th day before the date of an election
shall file a report describing the expenditures within 48
hours.
‘‘(B) ADDITIONAL
REPORTS.—After a person files a
report under subparagraph (A), the person shall file an
additional report within 48 hours after each time the person
makes or contracts to make independent expenditures
aggregating an additional $10,000 with respect to the same
election as that to which the initial report relates.
‘‘(3) PLACE
OF
FILING; CONTENTS.—A report under this
subsection—
‘‘(A) shall be filed with the Commission; and
‘‘(B) shall contain the information required by sub-
section (b)(6)(B)(iii), including the name of each candidate
whom an expenditure is intended to support or oppose.’’.
(b) TIME OF FILING OF CERTAIN STATEMENTS.—
(1) IN
GENERAL.—Section 304(g) of such Act, as added
by subsection (a), is amended by adding at the end the fol-
lowing:
‘‘(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 Commis-
sion or any other recipient to whom the notification is required
to be sent shall be considered the time of filing of the statement
with the recipient.’’.
(2) CONFORMING
AMENDMENTS.—(A) Section 304(a)(5) of
such Act (2 U.S.C. 434(a)(5)) is amended by striking ‘‘the second
sentence of subsection (c)(2)’’ and inserting ‘‘subsection (g)(1)’’.
H. R. 2356—14
(B) Section 304(d)(1) of such Act (2 U.S.C. 434(d)(1)) is
amended by inserting ‘‘or (g)’’ after ‘‘subsection (c)’’.
SEC. 213. INDEPENDENT VERSUS COORDINATED EXPENDITURES BY
PARTY.
Section 315(d) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(d)) is amended—
(1) in paragraph (1), by striking ‘‘and (3)’’ and inserting
‘‘, (3), and (4)’’; and
(2) by adding at the end the following:
‘‘(4) INDEPENDENT VERSUS COORDINATED EXPENDITURES BY
PARTY.—
‘‘(A) IN GENERAL.—On or after the date on which a
political party nominates a candidate, no committee of the
political party may make—
‘‘(i) any coordinated expenditure under this sub-
section with respect to the candidate during the elec-
tion 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 coordi-
nated 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 cam-
paign committees) and all political committees established
and maintained by a State political party (including any
subordinate committee of a State committee) shall be
considered to be a single political committee.
‘‘(C) TRANSFERS.—A committee of a political party that
makes coordinated expenditures under this subsection with
respect to a candidate shall not, during an election cycle,
transfer any funds to, assign authority to make coordinated
expenditures under this subsection to, or receive a transfer
of funds from, a committee of the political party that has
made or intends to make an independent expenditure with
respect to the candidate.’’.
SEC. 214. COORDINATION WITH CANDIDATES OR POLITICAL PARTIES.
(a) IN GENERAL.—Section 315(a)(7)(B) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(a)(7)(B)) is amended—
(1) by redesignating clause (ii) as clause (iii); and
(2) by inserting after clause (i) the following new clause:
‘‘(ii) expenditures made by any person (other than a can-
didate or candidate’s authorized committee) in cooperation, con-
sultation, 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 can-
didates, authorized committees of candidates, and party committees
adopted by the Federal Election Commission and published in the
Federal Register at page 76138 of volume 65, Federal Register,
on December 6, 2000, are repealed as of the date by which the
H. R. 2356—15
Commission is required to promulgate new regulations under sub-
section (c) (as described in section 402(c)(1)).
(c) REGULATIONS BY THE FEDERAL ELECTION COMMISSION.—
The Federal Election Commission shall promulgate new regulations
on coordinated communications paid for by persons other than
candidates, authorized committees of candidates, and party commit-
tees. The regulations shall not require agreement or formal
collaboration to establish coordination. In addition to any subject
determined by the Commission, the regulations shall address—
(1) payments for the republication of campaign materials;
(2) payments for the use of a common vendor;
(3) payments for communications directed or made by per-
sons 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 can-
didate or a political party.
(d) MEANING OF CONTRIBUTION OR EXPENDITURE FOR THE PUR-
POSES OF SECTION 316.—Section 316(b)(2) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by striking
‘‘shall include’’ and inserting ‘‘includes a contribution or expendi-
ture, as those terms are defined in section 301, and also includes’’.
TITLE III—MISCELLANEOUS
SEC. 301. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) is amended by striking section 313 and inserting
the following:
‘‘SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
‘‘(a) PERMITTED USES.—A contribution accepted by a candidate,
and any other donation received by an individual as support for
activities of the individual as a holder of Federal office, may be
used by the candidate or individual—
‘‘(1) for otherwise authorized expenditures in connection
with the campaign for Federal office of the candidate or indi-
vidual;
‘‘(2) for ordinary and necessary expenses incurred in connec-
tion 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 per-
sonal use.
‘‘(2) CONVERSION.—For the purposes of paragraph (1), a
contribution or donation shall be considered to be converted
to personal use if the contribution or amount is used to fulfill
any commitment, obligation, or expense of a person that would
exist irrespective of the candidate’s election campaign or
individual’s duties as a holder of Federal office, including—
‘‘(A) a home mortgage, rent, or utility payment;
‘‘(B) a clothing purchase;
H. R. 2356—16
‘‘(C) a noncampaign-related automobile expense;
‘‘(D) a country club membership;
‘‘(E) a vacation or other noncampaign-related trip;
‘‘(F) a household food item;
‘‘(G) a tuition payment;
‘‘(H) admission to a sporting event, concert, theater,
or other form of entertainment not associated with an
election campaign; and
‘‘(I) dues, fees, and other payments to a health club
or recreational facility.’’.
SEC. 302. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.
Section 607 of title 18, United States Code, is amended—
(1) by striking subsection (a) and inserting the following:
‘‘(a) PROHIBITION.—
‘‘(1) IN GENERAL.—It shall be unlawful for any person to
solicit or receive a donation of money or other thing of value
in connection with a Federal, State, or local election from
a person who is located in a room or building occupied in
the discharge of official duties by an officer or employee of
the United States. It shall be unlawful for an individual who
is an officer or employee of the Federal Government, including
the President, Vice President, and Members of Congress, to
solicit or receive a donation of money or other thing of value
in connection with a Federal, State, or local election, while
in any room or building occupied in the discharge of official
duties by an officer or employee of the United States, from
any person.
‘‘(2) PENALTY.—A person who violates this section shall
be fined not more than $5,000, imprisoned not more than
3 years, or both.’’; and
(2) in subsection (b), by inserting ‘‘or Executive Office of
the President’’ after ‘‘Congress’’.
SEC. 303. STRENGTHENING FOREIGN MONEY BAN.
Section 319 of the Federal Election Campaign Act of 1971
(2 U.S.C. 441e) is amended—
(1) by striking the heading and inserting the following:
‘‘CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS’’; and
(2) by striking subsection (a) and inserting the following:
‘‘(a) PROHIBITION.—It shall be unlawful for—
‘‘(1) a foreign national, directly or indirectly, to make—
‘‘(A) a contribution or donation of money or other thing
of value, or to make an express or implied promise to
make a contribution or donation, in connection with a
Federal, State, or local election;
‘‘(B) a contribution or donation to a committee of a
political party; or
‘‘(C) an expenditure, independent expenditure, or
disbursement for an electioneering communication (within
the meaning of section 304(f)(3)); or
‘‘(2) a person to solicit, accept, or receive a contribution
or donation described in subparagraph (A) or (B) of paragraph
(1) from a foreign national.’’.
H. R. 2356—17
SEC. 304. MODIFICATION OF INDIVIDUAL CONTRIBUTION LIMITS IN
RESPONSE TO EXPENDITURES FROM PERSONAL FUNDS.
(a) INCREASED LIMITS FOR INDIVIDUALS.—Section 315 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is
amended—
(1) in subsection (a)(1), by striking ‘‘No person’’ and
inserting ‘‘Except as provided in subsection (i), no person’’;
and
(2) by adding at the end the following:
‘‘(i) INCREASED LIMIT TO ALLOW RESPONSE TO EXPENDITURES
FROM PERSONAL FUNDS.—
‘‘(1) INCREASE.—
‘‘(A) IN
GENERAL.—Subject to paragraph (2), if the
opposition personal funds amount with respect to a can-
didate 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 CAM-
PAIGN
FORMULA.—In this subsection, the threshold
amount with respect to an election cycle of a candidate
described in subparagraph (A) is an amount equal
to the sum of—
‘‘(I) $150,000; and
‘‘(II) $0.04 multiplied by the voting age popu-
lation.
‘‘(ii) VOTING AGE POPULATION.—In this subpara-
graph, 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 cer-
tified under section 315(e)).
‘‘(C) INCREASED LIMIT.—Except as provided in clause
(ii), for purposes of subparagraph (A), if the opposition
personal funds amount is over—
‘‘(i) 2 times the threshold amount, but not over
4 times that amount—
‘‘(I) the increased limit shall be 3 times the
applicable limit; and
‘‘(II) the limit under subsection (a)(3) shall
not apply with respect to any contribution made
with respect to a candidate if such contribution
is made under the increased limit of subparagraph
(A) during a period in which the candidate may
accept such a contribution;
‘‘(ii) 4 times the threshold amount, but not over
10 times that amount—
‘‘(I) the increased limit shall be 6 times the
applicable limit; and
‘‘(II) the limit under subsection (a)(3) shall
not apply with respect to any contribution made
with respect to a candidate if such contribution
is made under the increased limit of subparagraph
(A) during a period in which the candidate may
accept such a contribution; and
‘‘(iii) 10 times the threshold amount—
H. R. 2356—18
‘‘(I) the increased limit shall be 6 times the
applicable limit;
‘‘(II) the limit under subsection (a)(3) shall
not apply with respect to any contribution made
with respect to a candidate if such contribution
is made under the increased limit of subparagraph
(A) during a period in which the candidate may
accept such a contribution; and
‘‘(III) the limits under subsection (d) with
respect to any expenditure by a State or national
committee of a political party shall not apply.
‘‘(D) OPPOSITION
PERSONAL
FUNDS
AMOUNT.—The
opposition personal funds amount is an amount equal to
the excess (if any) of—
‘‘(i) the greatest aggregate amount of expenditures
from personal funds (as defined in section 304(a)(6)(B))
that an opposing candidate in the same election makes;
over
‘‘(ii) the aggregate amount of expenditures from
personal funds made by the candidate with respect
to the election.
‘‘(2) TIME
TO
ACCEPT
CONTRIBUTIONS
UNDER
INCREASED
LIMIT.—
‘‘(A) IN GENERAL.—Subject to subparagraph (B), a can-
didate and the candidate’s authorized committee shall not
accept any contribution, and a party committee shall not
make any expenditure, under the increased limit under
paragraph (1)—
‘‘(i) until the candidate has received notification
of the opposition personal funds amount under section
304(a)(6)(B); and
‘‘(ii) to the extent that such contribution, when
added to the aggregate amount of contributions pre-
viously accepted and party expenditures previously
made under the increased limits under this subsection
for the election cycle, exceeds 110 percent of the opposi-
tion personal funds amount.
‘‘(B) EFFECT
OF
WITHDRAWAL
OF
AN
OPPOSING
CAN-
DIDATE.—A candidate and a candidate’s authorized com-
mittee 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 contribu-
tions 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 can-
didate’s authorized committee shall return the excess con-
tribution to the person who made the contribution.
‘‘(j) LIMITATION ON REPAYMENT OF PERSONAL LOANS.—Any can-
didate who incurs personal loans made after the effective date
H. R. 2356—19
of the Bipartisan Campaign Reform Act of 2002 in connection
with the candidate’s campaign for election shall not repay (directly
or indirectly), to the extent such loans exceed $250,000, such loans
from any contributions made to such candidate or any authorized
committee of such candidate after the date of such election.’’.
(b) NOTIFICATION OF EXPENDITURES FROM PERSONAL FUNDS.—
Section 304(a)(6) of the Federal Election Campaign Act of 1971
(2 U.S.C. 434(a)(6)) is amended—
(1) by redesignating subparagraph (B) as subparagraph
(E); and
(2) by inserting after subparagraph (A) the following:
‘‘(B) NOTIFICATION OF EXPENDITURE FROM PERSONAL FUNDS.—
‘‘(i) DEFINITION OF EXPENDITURE FROM PERSONAL FUNDS.—
In this subparagraph, the term ‘expenditure from personal
funds’ means—
‘‘(I) an expenditure made by a candidate using personal
funds; and
‘‘(II) a contribution or loan made by a candidate using
personal funds or a loan secured using such funds to the
candidate’s authorized committee.
‘‘(ii) DECLARATION
OF
INTENT.—Not later than the date
that is 15 days after the date on which an individual becomes
a candidate for the office of Senator, the candidate shall file
a declaration stating the total amount of expenditures from
personal funds that the candidate intends to make, or to obli-
gate to make, with respect to the election that will exceed
the State-by-State competitive and fair campaign formula
with—
‘‘(I) the Commission; and
‘‘(II) each candidate in the same election.
‘‘(iii) INITIAL NOTIFICATION.—Not later than 24 hours after
a candidate described in clause (ii) makes or obligates to make
an aggregate amount of expenditures from personal funds in
excess of 2 times the threshold amount in connection with
any election, the candidate shall file a notification with—
‘‘(I) the Commission; and
‘‘(II) each candidate in the same election.
‘‘(iv) ADDITIONAL NOTIFICATION.—After a candidate files an
initial notification under clause (iii), the candidate shall file
an additional notification each time expenditures from personal
funds are made or obligated to be made in an aggregate amount
that exceed $10,000 with—
‘‘(I) the Commission; and
‘‘(II) each candidate in the same election.
Such notification shall be filed not later than 24 hours after
the expenditure is made.
‘‘(v) CONTENTS.—A notification under clause (iii) or (iv)
shall include—
‘‘(I) the name of the candidate and the office sought
by the candidate;
‘‘(II) the date and amount of each expenditure; and
‘‘(III) the total amount of expenditures from personal
funds that the candidate has made, or obligated to make,
with respect to an election as of the date of the expenditure
that is the subject of the notification.
‘‘(C) NOTIFICATION OF DISPOSAL OF EXCESS CONTRIBUTIONS.—
In the next regularly scheduled report after the date of the election
H. R. 2356—20
for which a candidate seeks nomination for election to, or election
to, Federal office, the candidate or the candidate’s authorized com-
mittee 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 can-
didate or the candidate’s authorized committee used such funds.
‘‘(D) ENFORCEMENT.—For provisions providing for the enforce-
ment of the reporting requirements under this paragraph, see sec-
tion 309.’’.
(c) DEFINITIONS.—Section 301 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431), as amended by section 101(b), is further
amended by adding at the end the following:
‘‘(25) ELECTION CYCLE.—For purposes of sections 315(i) and
315A and paragraph (26), the term ‘election cycle’ means the
period beginning on the day after the date of the most recent
election for the specific office or seat that a candidate is seeking
and ending on the date of the next election for that office
or seat. For purposes of the preceding sentence, a primary
election and a general election shall be considered to be sepa-
rate 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 cus-
tomarily received by the candidate prior to the begin-
ning of the election cycle; and
‘‘(vii) proceeds from lotteries and similar legal
games of chance; and
‘‘(C) a portion of assets that are jointly owned by the
candidate and the candidate’s spouse equal to the can-
didate’s share of the asset under the instrument of convey-
ance or ownership, but if no specific share is indicated
by an instrument of conveyance or ownership, the value
of 1⁄2 of the property.’’.
SEC. 305. LIMITATION ON AVAILABILITY OF LOWEST UNIT CHARGE
FOR FEDERAL CANDIDATES ATTACKING OPPOSITION.
(a) IN GENERAL.—Section 315(b) of the Communications Act
of 1934 (47 U.S.C. 315(b)) is amended—
(1) by striking ‘‘(b) The charges’’ and inserting the following:
H. R. 2356—21
‘‘(b) CHARGES.—
‘‘(1) IN GENERAL.—The charges’’;
(2) by redesignating paragraphs (1) and (2) as subpara-
graphs (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 Fed-
eral office, such candidate shall not be entitled to receive
the rate under paragraph (1)(A) for the use of any broad-
casting station unless the candidate provides written cer-
tification to the broadcast station that the candidate (and
any authorized committee of the candidate) shall not make
any direct reference to another candidate for the same
office, in any broadcast using the rights and conditions
of access under this Act, unless such reference meets the
requirements of subparagraph (C) or (D).
‘‘(B) LIMITATION ON CHARGES.—If a candidate for Fed-
eral 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 subpara-
graph (C) or (D), such candidate shall not be entitled to
receive the rate under paragraph (1)(A) for such broadcast
or any other broadcast during any portion of the 45-day
and 60-day periods described in paragraph (1)(A), that
occur on or after the date of such broadcast, for election
to such office.
‘‘(C) TELEVISION BROADCASTS.—A candidate meets the
requirements of this subparagraph if, in the case of a
television broadcast, at the end of such broadcast there
appears simultaneously, for a period no less than 4
seconds—
‘‘(i) a clearly identifiable photographic or similar
image of the candidate; and
‘‘(ii) a clearly readable printed statement, identi-
fying the candidate and stating that the candidate
has approved the broadcast and that the candidate’s
authorized committee paid for the broadcast.
‘‘(D) RADIO
BROADCASTS.—A candidate meets the
requirements of this subparagraph if, in the case of a
radio broadcast, the broadcast includes a personal audio
statement by the candidate that identifies the candidate,
the office the candidate is seeking, and indicates that the
candidate has approved the broadcast.
‘‘(E) CERTIFICATION.—Certifications under this section
shall be provided and certified as accurate by the candidate
(or any authorized committee of the candidate) at the time
of purchase.
‘‘(F) DEFINITIONS.—For purposes of this paragraph, the
terms ‘authorized committee’ and ‘Federal office’ have the
meanings given such terms by section 301 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431).’’.
(b) CONFORMING
AMENDMENT.—Section 315(b)(1)(A) of the
Communications Act of 1934 (47 U.S.C. 315(b)(1)(A)), as amended
by this Act, is amended by inserting ‘‘subject to paragraph (2),’’
before ‘‘during the forty-five days’’.
H. R. 2356—22
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply to broadcasts made after the effective date of this
Act.
SEC. 306. SOFTWARE FOR FILING REPORTS AND PROMPT DISCLOSURE
OF CONTRIBUTIONS.
Section 304(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 434(a)) is amended by adding at the end the following:
‘‘(12) SOFTWARE FOR FILING OF REPORTS.—
‘‘(A) IN GENERAL.—The Commission shall—
‘‘(i) promulgate standards to be used by vendors
to develop software that—
‘‘(I) permits candidates to easily record
information concerning receipts and disbursements
required to be reported under this Act at the time
of the receipt or disbursement;
‘‘(II) allows the information recorded under
subclause (I) to be transmitted immediately to the
Commission; and
‘‘(III) allows the Commission to post the
information on the Internet immediately upon
receipt; and
‘‘(ii) make a copy of software that meets the stand-
ards 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 subpara-
graph (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 can-
didate for Federal office (or that candidate’s authorized
committee) shall use software that meets the standards
promulgated under this paragraph once such software is
made available to such candidate.
‘‘(D) REQUIRED
POSTING.—The Commission shall, as
soon as practicable, post on the Internet any information
received under this paragraph.’’.
SEC. 307. MODIFICATION OF CONTRIBUTION LIMITS.
(a) INCREASE IN INDIVIDUAL LIMITS FOR CERTAIN CONTRIBU-
TIONS.—Section 315(a)(1) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(a)(1)) is amended—
(1) in subparagraph (A), by striking ‘‘$1,000’’ and inserting
‘‘$2,000’’; and
(2) in subparagraph (B), by striking ‘‘$20,000’’ and inserting
‘‘$25,000’’.
(b) INCREASE IN ANNUAL AGGREGATE LIMIT ON INDIVIDUAL CON-
TRIBUTIONS.—Section 315(a)(3) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(a)(3)) is amended to read as follows:
‘‘(3) During the period which begins on January 1 of an odd-
numbered year and ends on December 31 of the next even-numbered
year, no individual may make contributions aggregating more
than—
H. R. 2356—23
‘‘(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 contribu-
tions to political committees which are not political committees
of national political parties.’’.
(c) INCREASE IN SENATORIAL CAMPAIGN COMMITTEE LIMIT.—
Section 315(h) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(h)) is amended by striking ‘‘$17,500’’ and inserting
‘‘$35,000’’.
(d) INDEXING OF CONTRIBUTION LIMITS.—Section 315(c) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is
amended—
(1) in paragraph (1)—
(A) by striking the second and third sentences;
(B) by inserting ‘‘(A)’’ before ‘‘At the beginning’’; and
(C) by adding at the end the following:
‘‘(B) Except as provided in subparagraph (C), in any calendar
year after 2002—
‘‘(i) a limitation established by subsections (a)(1)(A),
(a)(1)(B), (a)(3), (b), (d), or (h) shall be increased by the percent
difference determined under subparagraph (A);
‘‘(ii) each amount so increased shall remain in effect for
the calendar year; and
‘‘(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.
‘‘(C) In the case of limitations under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h), increases shall only be made in odd-num-
bered years and such increases shall remain in effect for the 2-
year period beginning on the first day following the date of the
last general election in the year preceding the year in which the
amount is increased and ending on the date of the next general
election.’’; and
(2) in paragraph (2)(B), by striking ‘‘means the calendar
year 1974’’ and inserting ‘‘means—
‘‘(i) for purposes of subsections (b) and (d), calendar
year 1974; and
‘‘(ii) for purposes of subsections (a)(1)(A), (a)(1)(B),
(a)(3), and (h), calendar year 2001’’.
(e) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to contributions made on or after January
1, 2003.
SEC. 308. DONATIONS TO PRESIDENTIAL INAUGURAL COMMITTEE.
(a) IN GENERAL.—Chapter 5 of title 36, United States Code,
is amended by—
(1) redesignating section 510 as section 511; and
(2) inserting after section 509 the following:
‘‘§ 510. Disclosure of and prohibition on certain donations
‘‘(a) IN GENERAL.—A committee shall not be considered to be
the Inaugural Committee for purposes of this chapter unless the
committee agrees to, and meets, the requirements of subsections
(b) and (c).
‘‘(b) DISCLOSURE.—
H. R. 2356—24
‘‘(1) IN GENERAL.—Not later than the date that is 90 days
after the date of the Presidential inaugural ceremony, the com-
mittee shall file a report with the Federal Election Commission
disclosing any donation of money or anything of value made
to the committee in an aggregate amount equal to or greater
than $200.
‘‘(2) CONTENTS OF REPORT.—A report filed under paragraph
(1) shall contain—
‘‘(A) the amount of the donation;
‘‘(B) the date the donation is received; and
‘‘(C) the name and address of the person making the
donation.
‘‘(c) LIMITATION.—The committee shall not accept any donation
from a foreign national (as defined in section 319(b) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441e(b))).’’.
(b) REPORTS MADE AVAILABLE BY FEC.—Section 304 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended
by sections 103, 201, and 212 is amended by adding at the end
the following:
‘‘(h) REPORTS FROM INAUGURAL COMMITTEES.—The Federal
Election Commission shall make any report filed by an Inaugural
Committee under section 510 of title 36, United States Code, acces-
sible to the public at the offices of the Commission and on the
Internet not later than 48 hours after the report is received by
the Commission.’’.
SEC. 309. PROHIBITION ON FRAUDULENT SOLICITATION OF FUNDS.
Section 322 of the Federal Election Campaign Act of 1971
(2 U.S.C. 441h) is amended—
(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘No person’’;
and
(2) by adding at the end the following:
‘‘(b) FRAUDULENT SOLICITATION OF FUNDS.—No person shall—
‘‘(1) fraudulently misrepresent the person as speaking,
writing, or otherwise acting for or on behalf of any candidate
or political party or employee or agent thereof for the purpose
of soliciting contributions or donations; or
‘‘(2) willfully and knowingly participate in or conspire to
participate in any plan, scheme, or design to violate paragraph
(1).’’.
SEC. 310. STUDY AND REPORT ON CLEAN MONEY CLEAN ELECTIONS
LAWS.
(a) CLEAN MONEY CLEAN ELECTIONS DEFINED.—In this section,
the term ‘‘clean money clean elections’’ means funds received under
State laws that provide in whole or in part for the public financing
of election campaigns.
(b) STUDY.—
(1) IN GENERAL.—The Comptroller General shall conduct
a study of the clean money clean elections of Arizona and
Maine.
(2) MATTERS STUDIED.—
(A) STATISTICS ON CLEAN MONEY CLEAN ELECTIONS CAN-
DIDATES.—The Comptroller General shall determine—
(i) the number of candidates who have chosen to
run for public office with clean money clean elections
including—
(I) the office for which they were candidates;
H. R. 2356—25
(II) whether the candidate was an incumbent
or a challenger; and
(III) whether the candidate was successful in
the candidate’s bid for public office; and
(ii) the number of races in which at least one
candidate ran an election with clean money clean elec-
tions.
(B) EFFECTS OF CLEAN MONEY CLEAN ELECTIONS.—The
Comptroller General of the United States shall describe
the effects of public financing under the clean money clean
elections laws on the 2000 elections in Arizona and Maine.
(c) REPORT.—Not later than 1 year after the date of enactment
of this Act, the Comptroller General of the United States shall
submit a report to the Congress detailing the results of the study
conducted under subsection (b).
SEC. 311. CLARITY STANDARDS FOR IDENTIFICATION OF SPONSORS
OF ELECTION-RELATED ADVERTISING.
Section 318 of the Federal Election Campaign Act of 1971
(2 U.S.C. 441d) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph (1)—
(i) by striking ‘‘Whenever’’ and inserting ‘‘When-
ever a political committee makes a disbursement for
the purpose of financing any communication through
any broadcasting station, newspaper, magazine, out-
door advertising facility, mailing, or any other type
of general public political advertising, or whenever’’;
(ii) by striking ‘‘an expenditure’’ and inserting ‘‘a
disbursement’’;
(iii) by striking ‘‘direct’’; and
(iv) by inserting ‘‘or makes a disbursement for
an electioneering communication (as defined in section
304(f)(3))’’ after ‘‘public political advertising’’; and
(B) in paragraph (3), by inserting ‘‘and permanent
street address, telephone number, or World Wide Web
address’’ after ‘‘name’’; and
(2) by adding at the end the following:
‘‘(c) SPECIFICATION.—Any printed communication described in
subsection (a) shall—
‘‘(1) be of sufficient type size to be clearly readable by
the recipient of the communication;
‘‘(2) be contained in a printed box set apart from the
other contents of the communication; and
‘‘(3) be printed with a reasonable degree of color contrast
between the background and the printed statement.
‘‘(d) ADDITIONAL REQUIREMENTS.—
‘‘(1) COMMUNICATIONS BY CANDIDATES OR AUTHORIZED PER-
SONS.—
‘‘(A) BY RADIO.—Any communication described in para-
graph (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
H. R. 2356—26
through television shall include, in addition to the require-
ments 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 can-
didate making the statement, or
‘‘(II) the candidate in voice-over, accompanied
by a clearly identifiable photographic or similar
image of the candidate; and
‘‘(ii) shall also appear in writing at the end of
the communication in a clearly readable manner with
a reasonable degree of color contrast between the
background and the printed statement, for a period
of at least 4 seconds.
‘‘(2) COMMUNICATIONS
BY
OTHERS.—Any communication
described in paragraph (3) of subsection (a) which is transmitted
through radio or television shall include, in addition to the
requirements of that paragraph, in a clearly spoken manner,
the following audio statement: ‘lllll is responsible for
the content of this advertising.’ (with the blank to be filled
in with the name of the political committee or other person
paying for the communication and the name of any connected
organization of the payor). If transmitted through television,
the statement shall be conveyed by an unobscured, full-screen
view of a representative of the political committee or other
person making the statement, or by a representative of such
political committee or other person in voice-over, and shall
also appear in a clearly readable manner with a reasonable
degree of color contrast between the background and the printed
statement, for a period of at least 4 seconds.’’.
SEC. 312. INCREASE IN PENALTIES.
(a) IN GENERAL.—Subparagraph (A) of section 309(d)(1) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)(1)(A))
is amended to read as follows:
‘‘(A) Any person who knowingly and willfully commits a viola-
tion of any provision of this Act which involves the making,
receiving, 
or 
reporting 
of 
any 
contribution, 
donation, 
or
expenditure—
‘‘(i) aggregating $25,000 or more during a calendar year
shall be fined under title 18, United States Code, or imprisoned
for not more than 5 years, or both; or
‘‘(ii) aggregating $2,000 or more (but less than $25,000)
during a calendar year shall be fined under such title, or
imprisoned for not more than 1 year, or both.’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to violations occurring on or after the effective date
of this Act.
SEC. 313. STATUTE OF LIMITATIONS.
(a) IN GENERAL.—Section 406(a) of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 455(a)) is amended by striking ‘‘3’’
and inserting ‘‘5’’.
(b) EFFECTIVE DATE.—The amendment made by this section
shall apply to violations occurring on or after the effective date
of this Act.
H. R. 2356—27
SEC. 314. SENTENCING GUIDELINES.
(a) IN GENERAL.—The United States Sentencing Commission
shall—
(1) promulgate a guideline, or amend an existing guideline
under section 994 of title 28, United States Code, in accordance
with paragraph (2), for penalties for violations of the Federal
Election Campaign Act of 1971 and related election laws; and
(2) submit to Congress an explanation of any guidelines
promulgated under paragraph (1) and any legislative or
administrative recommendations regarding enforcement of the
Federal Election Campaign Act of 1971 and related election
laws.
(b) CONSIDERATIONS.—The Commission shall provide guidelines
under subsection (a) taking into account the following consider-
ations:
(1) Ensure that the sentencing guidelines and policy state-
ments 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 con-
victed of such violation if such violation involves—
(A) a contribution, donation, or expenditure from a
foreign source;
(B) a large number of illegal transactions;
(C) a large aggregate amount of illegal contributions,
donations, or expenditures;
(D) the receipt or disbursement of governmental funds;
and
(E) an intent to achieve a benefit from the Federal
Government.
(3) Assure reasonable consistency with other relevant direc-
tives and guidelines of the Commission.
(4) Account for aggravating or mitigating circumstances
that might justify exceptions, including circumstances for which
the sentencing guidelines currently provide sentencing enhance-
ments.
(5) Assure the guidelines adequately meet the purposes
of sentencing under section 3553(a)(2) of title 18, United States
Code.
(c) EFFECTIVE DATE; EMERGENCY AUTHORITY TO PROMULGATE
GUIDELINES.—
(1) EFFECTIVE
DATE.—Notwithstanding section 402, the
United States Sentencing Commission shall promulgate guide-
lines 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.
H. R. 2356—28
SEC. 315. INCREASE IN PENALTIES IMPOSED FOR VIOLATIONS OF CON-
DUIT CONTRIBUTION BAN.
(a) INCREASE
IN CIVIL MONEY PENALTY
FOR KNOWING
AND
WILLFUL VIOLATIONS.—Section 309(a) of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 437g(a)) is amended—
(1) in paragraph (5)(B), by inserting before the period at
the end the following: ‘‘(or, in the case of a violation of section
320, which is not less than 300 percent of the amount involved
in the violation and is not more than the greater of $50,000
or 1,000 percent of the amount involved in the violation)’’;
and
(2) in paragraph (6)(C), by inserting before the period at
the end the following: ‘‘(or, in the case of a violation of section
320, which is not less than 300 percent of the amount involved
in the violation and is not more than the greater of $50,000
or 1,000 percent of the amount involved in the violation)’’.
(b) INCREASE IN CRIMINAL PENALTY.—Section 309(d)(1) of such
Act (2 U.S.C. 437g(d)(1)) is amended by adding at the end the
following new subparagraph:
‘‘(D) Any person who knowingly and willfully commits a viola-
tion 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 viola-
tion; or
‘‘(iii) both imprisoned under clause (i) and fined under
clause (ii).’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to violations occurring on or after the
effective date of this Act.
SEC. 316. RESTRICTION ON INCREASED CONTRIBUTION LIMITS BY
TAKING 
INTO 
ACCOUNT 
CANDIDATE’S 
AVAILABLE
FUNDS.
Section 315(i)(1) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(i)(1)), as added by this Act, is amended by adding
at the end the following:
‘‘(E) 
SPECIAL
RULE
FOR
CANDIDATE’S
CAMPAIGN
FUNDS.—
‘‘(i) IN GENERAL.—For purposes of determining the
aggregate amount of expenditures from personal funds
under subparagraph (D)(ii), such amount shall include
the gross receipts advantage of the candidate’s author-
ized committee.
‘‘(ii) GROSS
RECEIPTS
ADVANTAGE.—For purposes
of clause (i), the term ‘gross receipts advantage’ means
the excess, if any, of—
‘‘(I) the aggregate amount of 50 percent of
gross receipts of a candidate’s authorized com-
mittee during any election cycle (not including con-
tributions from personal funds of the candidate)
H. R. 2356—29
that may be expended in connection with the elec-
tion, as determined on June 30 and December
31 of the year preceding the year in which a gen-
eral election is held, over
‘‘(II) the aggregate amount of 50 percent of
gross receipts of the opposing candidate’s author-
ized committee during any election cycle (not
including contributions from personal funds of the
candidate) that may be expended in connection
with the election, as determined on June 30 and
December 31 of the year preceding the year in
which a general election is held.’’.
SEC. 317. CLARIFICATION OF RIGHT OF NATIONALS OF THE UNITED
STATES TO MAKE POLITICAL CONTRIBUTIONS.
Section 319(b)(2) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441e(b)(2)) is amended by inserting after ‘‘United States’’
the following: ‘‘or a national of the United States (as defined in
section 101(a)(22) of the Immigration and Nationality Act)’’.
SEC. 318. PROHIBITION OF CONTRIBUTIONS BY MINORS.
Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.), as amended by section 101, is further amended
by adding at the end the following new section:
‘‘PROHIBITION OF CONTRIBUTIONS BY MINORS
‘‘SEC. 324. An individual who is 17 years old or younger shall
not make a contribution to a candidate or a contribution or donation
to a committee of a political party.’’.
SEC. 319. MODIFICATION OF INDIVIDUAL CONTRIBUTION LIMITS FOR
HOUSE CANDIDATES IN RESPONSE TO EXPENDITURES
FROM PERSONAL FUNDS.
(a) INCREASED LIMITS.—Title III of the Federal Election Cam-
paign 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 opposi-
tion personal funds amount with respect to a candidate for
election to the office of Representative in, or Delegate or Resi-
dent 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.—
H. R. 2356—30
‘‘(A) IN
GENERAL.—The opposition personal funds
amount is an amount equal to the excess (if any) of—
‘‘(i) the greatest aggregate amount of expenditures
from personal funds (as defined in subsection (b)(1))
that an opposing candidate in the same election makes;
over
‘‘(ii) the aggregate amount of expenditures from
personal funds made by the candidate with respect
to the election.
‘‘(B) 
SPECIAL
RULE
FOR
CANDIDATE’S
CAMPAIGN
FUNDS.—
‘‘(i) IN GENERAL.—For purposes of determining the
aggregate amount of expenditures from personal funds
under subparagraph (A), such amount shall include
the gross receipts advantage of the candidate’s author-
ized committee.
‘‘(ii) GROSS
RECEIPTS
ADVANTAGE.—For purposes
of clause (i), the term ‘gross receipts advantage’ means
the excess, if any, of—
‘‘(I) the aggregate amount of 50 percent of
gross receipts of a candidate’s authorized com-
mittee during any election cycle (not including con-
tributions from personal funds of the candidate)
that may be expended in connection with the elec-
tion, as determined on June 30 and December
31 of the year preceding the year in which a gen-
eral election is held, over
‘‘(II) the aggregate amount of 50 percent of
gross receipts of the opposing candidate’s author-
ized 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 can-
didate 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 sub-
section (b)(1); and
‘‘(ii) to the extent that such contribution, when
added to the aggregate amount of contributions pre-
viously accepted and party expenditures previously
made under the increased limits under this subsection
for the election cycle, exceeds 100 percent of the opposi-
tion personal funds amount.
‘‘(B) EFFECT
OF
WITHDRAWAL
OF
AN
OPPOSING
CAN-
DIDATE.—A candidate and a candidate’s authorized com-
mittee 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
H. R. 2356—31
a candidate to the extent that the amount of such increased
limit is attributable to such an opposing candidate.
‘‘(4) DISPOSAL OF EXCESS CONTRIBUTIONS.—
‘‘(A) IN GENERAL.—The aggregate amount of contribu-
tions 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 can-
didate’s authorized committee shall return the excess con-
tribution 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 per-
sonal funds’ means—
‘‘(i) an expenditure made by a candidate using
personal funds; and
‘‘(ii) a contribution or loan made by a candidate
using personal funds or a loan secured using such
funds to the candidate’s authorized committee.
‘‘(B) DECLARATION OF INTENT.—Not later than the date
that is 15 days after the date on which an individual
becomes a candidate for the office of Representative in,
or Delegate or Resident Commissioner to, the Congress,
the candidate shall file a declaration stating the total
amount of expenditures from personal funds that the can-
didate 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 can-
didate 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 per-
sonal 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
H. R. 2356—32
‘‘(ii) each candidate in the same election and the
national party of each such candidate.
‘‘(2) NOTIFICATION
OF
DISPOSAL
OF
EXCESS
CONTRIBU-
TIONS.—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 Commis-
sion 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 sub-
section, see section 309.’’.
(b) CONFORMING AMENDMENT.—Section 315(a)(1) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a), as amended by
section 304(a), is amended by striking ‘‘subsection (i),’’ and inserting
‘‘subsection (i) and section 315A,’’.
TITLE IV—SEVERABILITY; EFFECTIVE
DATE
SEC. 401. SEVERABILITY.
If any provision of this Act or amendment made by this Act,
or the application of a provision or amendment to any person
or circumstance, is held to be unconstitutional, the remainder of
this Act and amendments made by this Act, and the application
of the provisions and amendment to any person or circumstance,
shall not be affected by the holding.
SEC. 402. EFFECTIVE DATES AND REGULATIONS.
(a) GENERAL EFFECTIVE DATE.—
(1) IN
GENERAL.—Except as provided in the succeeding
provisions of this section, the effective date of this Act, and
the amendments made by this Act, is November 6, 2002.
(2) MODIFICATION OF CONTRIBUTION LIMITS.—The amend-
ments 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 sub-
section (e) of such section.
(3) SEVERABILITY; EFFECTIVE
DATES
AND
REGULATIONS;
JUDICIAL REVIEW.—Title IV shall take effect on the date of
enactment of this Act.
(4) PROVISIONS
NOT
TO
APPLY
TO
RUNOFF
ELECTIONS.—
Section 323(b) of the Federal Election Campaign Act of 1971
(as added by section 101(a)), section 103(a), title II, sections
304 (including section 315(j) of Federal Election Campaign Act
of 1971, as added by section 304(a)(2)), 305 (notwithstanding
subsection (c) of such section), 311, 316, 318, and 319, and
title V (and the amendments made by such sections and titles)
shall take effect on November 6, 2002, but shall not apply
with respect to runoff elections, recounts, or election contests
resulting from elections held prior to such date.
(b) SOFT MONEY OF NATIONAL POLITICAL PARTIES.—
H. R. 2356—33
(1) IN GENERAL.—Except for subsection (b) of such section,
section 323 of the Federal Election Campaign Act of 1971
(as added by section 101(a)) shall take effect on November
6, 2002.
(2) TRANSITIONAL RULES FOR THE SPENDING OF SOFT MONEY
OF NATIONAL POLITICAL PARTIES.—
(A) IN
GENERAL.—Notwithstanding section 323(a) of
the Federal Election Campaign Act of 1971 (as added by
section 101(a)), if a national committee of a political party
described in such section (including any person who is
subject to such section under paragraph (2) of such section),
has received funds described in such section prior to
November 6, 2002, the rules described in subparagraph
(B) shall apply with respect to the spending of the amount
of such funds in the possession of such committee as of
such date.
(B) USE OF EXCESS SOFT MONEY FUNDS.—
(i) IN GENERAL.—Subject to clauses (ii) and (iii),
the national committee of a political party may use
the amount described in subparagraph (A) prior to
January 1, 2003, solely for the purpose of—
(I) retiring outstanding debts or obligations
that were incurred solely in connection with an
election held prior to November 6, 2002; or
(II) paying expenses or retiring outstanding
debts or paying for obligations that were incurred
solely in connection with any runoff election,
recount, or election contest resulting from an elec-
tion held prior to November 6, 2002.
(ii) PROHIBITION ON USING SOFT MONEY FOR HARD
MONEY
EXPENSES, 
DEBTS, 
AND
OBLIGATIONS.—A
national committee of a political party may not use
the amount described in subparagraph (A) for any
expenditure (as defined in section 301(9) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(9))) or
for retiring outstanding debts or obligations that were
incurred for such an expenditure.
(iii) PROHIBITION
OF
BUILDING
FUND
USES.—A
national committee of a political party may not use
the amount described in subparagraph (A) for activities
to defray the costs of the construction or purchase
of any office building or facility.
(c) REGULATIONS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Federal Election Commission shall promulgate regulations to
carry out this Act and the amendments made by this Act
that are under the Commission’s jurisdiction not later than
270 days after the date of enactment of this Act.
(2) SOFT
MONEY
OF
POLITICAL
PARTIES.—Not later than
90 days after the date of enactment of this Act, the Federal
Election Commission shall promulgate regulations to carry out
title I of this Act and the amendments made by such title.
SEC. 403. JUDICIAL REVIEW.
(a) SPECIAL RULES FOR ACTIONS BROUGHT ON CONSTITUTIONAL
GROUNDS.—If any action is brought for declaratory or injunctive
relief to challenge the constitutionality of any provision of this
H. R. 2356—34
Act or any amendment made by this Act, the following rules shall
apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard by a
3-judge court convened pursuant to section 2284 of title 28,
United States Code.
(2) A copy of the complaint shall be delivered promptly
to the Clerk of the House of Representatives and the Secretary
of the Senate.
(3) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(4) It shall be the duty of the United States District Court
for the District of Columbia and the Supreme Court of the
United States to advance on the docket and to expedite to
the greatest possible extent the disposition of the action and
appeal.
(b) INTERVENTION BY MEMBERS OF CONGRESS.—In any action
in which the constitutionality of any provision of this Act or any
amendment made by this Act is raised (including but not limited
to an action described in subsection (a)), any member of the House
of Representatives (including a Delegate or Resident Commissioner
to the Congress) or Senate shall have the right to intervene either
in support of or opposition to the position of a party to the case
regarding the constitutionality of the provision or amendment. To
avoid duplication of efforts and reduce the burdens placed on the
parties to the action, the court in any such action may make
such orders as it considers necessary, including orders to require
intervenors taking similar positions to file joint papers or to be
represented by a single attorney at oral argument.
(c) CHALLENGE BY MEMBERS OF CONGRESS.—Any Member of
Congress may bring an action, subject to the special rules described
in subsection (a), for declaratory or injunctive relief to challenge
the constitutionality of any provision of this Act or any amendment
made by this Act.
(d) APPLICABILITY.—
(1) INITIAL CLAIMS.—With respect to any action initially
filed on or before December 31, 2006, the provisions of sub-
section (a) shall apply with respect to each action described
in such section.
(2) SUBSEQUENT ACTIONS.—With respect to any action ini-
tially filed after December 31, 2006, the provisions of subsection
(a) shall not apply to any action described in such section
unless the person filing such action elects such provisions to
apply to the action.
TITLE V—ADDITIONAL DISCLOSURE
PROVISIONS
SEC. 501. INTERNET ACCESS TO RECORDS.
Section 304(a)(11)(B) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434(a)(11)(B)) is amended to read as follows:
‘‘(B) The Commission shall make a designation, statement,
report, or notification that is filed with the Commission under
H. R. 2356—35
this Act available for inspection by the public in the offices of
the Commission and accessible to the public on the Internet not
later than 48 hours (or not later than 24 hours in the case of
a designation, statement, report, or notification filed electronically)
after receipt by the Commission.’’.
SEC. 502. MAINTENANCE OF WEBSITE OF ELECTION REPORTS.
(a) IN GENERAL.—The Federal Election Commission shall main-
tain a central site on the Internet to make accessible to the public
all publicly available election-related reports and information.
(b) ELECTION-RELATED REPORT.—In this section, the term ‘‘elec-
tion-related report’’ means any report, designation, or statement
required to be filed under the Federal Election Campaign Act of
1971.
(c) COORDINATION WITH OTHER AGENCIES.—Any Federal execu-
tive 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 Commis-
sion in a timely manner.
SEC. 503. ADDITIONAL DISCLOSURE REPORTS.
(a) PRINCIPAL CAMPAIGN COMMITTEES.—Section 304(a)(2)(B) of
the Federal Election Campaign Act of 1971 is amended by striking
‘‘the following reports’’ and all that follows through the period
and inserting ‘‘the treasurer shall file quarterly reports, which
shall be filed not later than the 15th day after the last day of
each calendar quarter, and which shall be complete as of the last
day of each calendar quarter, except that the report for the quarter
ending December 31 shall be filed not later than January 31 of
the following calendar year.’’.
(b) NATIONAL COMMITTEE
OF
A POLITICAL PARTY.—Section
304(a)(4) of such Act (2 U.S.C. 434(a)(4)) is amended by adding
at the end the following flush sentence: ‘‘Notwithstanding the pre-
ceding sentence, a national committee of a political party shall
file the reports required under subparagraph (B).’’.
SEC. 504. PUBLIC ACCESS TO BROADCASTING RECORDS.
Section 315 of the Communications Act of 1934 (47 U.S.C.
315), as amended by this Act, is amended by redesignating sub-
sections (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 impor-
tance.
‘‘(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;