IB
Union Calendar No. 73
107TH CONGRESS
1ST SESSION
H. R. 2356
[Report No. 107–131, Part I]
To amend the Federal Election Campaign Act of 1971 to provide bipartisan
campaign reform.
IN THE HOUSE OF REPRESENTATIVES
JUNE 28, 2001
Mr. SHAYS (for himself and Mr. MEEHAN) introduced the following bill; which
was referred to the Committee on House Administration, and in addition
to the Committees on Energy and Commerce, and the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned
JULY 10, 2001
Reported adversely from the Committee on House Administration
JULY 10, 2001
Referral to the Committees on Energy and Commerce and the Judiciary
extended for a period ending not later than July 10, 2001
JULY 10, 2001
The Committees on Energy and Commerce and the Judiciary discharged; re-
ferred to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To amend the Federal Election Campaign Act of 1971 to
provide bipartisan campaign reform.
Be it enacted by the Senate and House of Representa-
tives 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 2001’’.
(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 limits for State committees of political parties
and aggregate contribution limit for individuals.
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 expendi-
tures from personal funds.
Sec. 305. Television media rates.
Sec. 306. Limitation on availability of lowest unit charge for Federal candidates
attacking opposition.
Sec. 307. Software for filing reports and prompt disclosure of contributions.
Sec. 308. Modification of contribution limits.
Sec. 309. Donations to Presidential inaugural committee.
Sec. 310. Prohibition on fraudulent solicitation of funds.
Sec. 311. Study and report on Clean Money Clean Elections laws.
Sec. 312. Clarity standards for identification of sponsors of election-related ad-
vertising.
Sec. 313. Increase in penalties.
Sec. 314. Statute of limitations.
Sec. 315. Sentencing guidelines.
Sec. 316. Increase in penalties imposed for violations of conduit contribution
ban.
Sec. 317. Restriction on increased contribution limits by taking into account
candidate’s available funds.
Sec. 318. Clarification of right of nationals of the United States to make polit-
ical contributions.
Sec. 319. Prohibition of contributions by minors.
Sec. 320. Definition of contributions made through intermediary or conduit for
purposes of applying contribution limits.
Sec. 321. Prohibiting authorized committees from forming joint fundraising
committees with political party committees.
Sec. 322. Regulations to prohibit efforts to evade requirements.
TITLE IV—SEVERABILITY; EFFECTIVE DATE
Sec. 401. Severability.
Sec. 402. Effective date.
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 monthly and quarterly 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 so-
licit, receive, or direct to another person a contribu-
tion, donation, or transfer of funds or any other
thing of value, or spend any funds, that are not sub-
ject to the limitations, prohibitions, and reporting
requirements of this Act.
‘‘(2) APPLICABILITY.— The prohibition estab-
lished by paragraph (1) applies to any such national
committee, any officer or agent acting on behalf of
such a national committee, and any entity that is di-
rectly 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 para-
graph (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 en-
tity that is directly or indirectly established, fi-
nanced, maintained, or controlled by a State, dis-
trict, or local committee of a political party and an
officer or agent acting on behalf of such committee
or entity), or by an association or similar group of
candidates for State or local office or individuals
holding State or local office, shall be made from
funds subject to the limitations, prohibitions, and re-
porting requirements of this Act.
‘‘(2) APPLICABILITY.—
‘‘(A) 
IN
GENERAL.—Notwithstanding
clause (i) or (ii) of section 301(20)(A), and sub-
ject to subparagraph (B), paragraph (1) shall
not apply to any amount expended or disbursed
by a State, district, or local committee of a po-
litical party in existence as of the date of the
enactment of the Bipartisan Campaign Reform
Act of 2001 for an activity described in either
such clause to the extent the amounts expended
or disbursed for such activity are allocated
under regulations prescribed by the Commission
which require not less than 50 percent of the
amounts expended or disbursed be paid from a
Federal allocation account consisting solely of
contributions subject to the limitations, prohibi-
tions, and reporting requirements of this Act
(not including funds specifically authorized to
be spent under subparagraph (B)(iii)).
‘‘(B) 
CONDITIONS.—Subparagraph 
(A)
shall only apply if—
‘‘(i) the activity does not refer to a
clearly identified candidate for Federal of-
fice;
‘‘(ii) the amounts expended or dis-
bursed are not for the costs of any broad-
casting, 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 dis-
bursed which are not from a Federal allo-
cation account described in subparagraph
(A) are paid from amounts which are do-
nated in accordance with State law and
which meet the requirements of subpara-
graph (C), except that no person (includ-
ing any person established, financed, main-
tained, or controlled by such person) may
donate more than $10,000 to a State, dis-
trict, or local committee of a political party
in a calendar year for such expenditures or
disbursements; and
‘‘(iv) the amounts expended or dis-
bursed 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 pro-
vided to such committee from—
‘‘(I) any other State, local, or
district committee of any State party,
‘‘(II) the national committee of a
political party (including a national
congressional campaign committee of
a political party),
‘‘(III) any officer or agent acting
on behalf of any committee described
in subclause (I) or (II), or
‘‘(IV) any entity directly or indi-
rectly established, financed, main-
tained, or controlled by any committee
described in subclause (I) or (II).
‘‘(C) PROHIBITING INVOLVEMENT OF NA-
TIONAL PARTIES, FEDERAL CANDIDATES AND
OFFICEHOLDERS, AND STATE PARTIES ACTING
JOINTLY.—Notwithstanding 
subsection 
(e)
(other than subsection (e)(3)), amounts specifi-
cally authorized to be spent under subpara-
graph (B)(iii) meet the requirements of this
subparagraph only if the amounts—
‘‘(i) are not solicited, received, di-
rected, transferred, or spent by or in the
name of any person described in subsection
(a) or (e); and
‘‘(ii) are not solicited, received, or di-
rected through fundraising activities con-
ducted jointly by 2 or more State, local, or
district committees of any political party or
their agents, or by a State, local, or dis-
trict committee of a political party on be-
half of the State, local, or district com-
mittee 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 re-
porting requirements of this Act.
‘‘(d) TAX-EXEMPT
ORGANIZATIONS.—A national,
State, district, or local committee of a political party (in-
cluding a national congressional campaign committee of
a political party), an entity that is directly or indirectly
established, financed, maintained, or controlled by any
such national, State, district, or local committee or its
agent, and an officer or agent acting on behalf of any such
party committee or entity, shall not solicit any funds for,
or make or direct any donations to—
‘‘(1) an organization that is described in section
501(c) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of such
Code (or has submitted an application for deter-
mination of tax exempt status under such section)
and that makes expenditures or disbursements in
connection with an election for Federal office (in-
cluding 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 in-
dividual holding Federal office, or an entity directly
or indirectly established, financed, maintained or
controlled by or acting on behalf of 1 or more can-
didates 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 re-
quirements 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 dis-
burse funds in connection with such an election
unless the funds—
‘‘(i) are not in excess of the amounts
permitted with respect to contributions to
candidates and political committees under
paragraphs (1), (2), and (3) of section
315(a); and
‘‘(ii) are not from sources prohibited
by this Act from making contributions in
connection with an election for Federal of-
fice.
‘‘(2) STATE
LAW.—Paragraph (1) does not
apply to the solicitation, receipt, or spending of
funds by an individual described in such paragraph
who is also a candidate for a State or local office
solely in connection with such election for State or
local office if the solicitation, receipt, or spending of
funds is permitted under State law and refers only
to such State or local candidate, or to any other can-
didate 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) LIMITATION APPLICABLE FOR PURPOSES
OF SOLICITATION OF DONATIONS BY INDIVIDUALS
TO CERTAIN ORGANIZATIONS.—In the case of the so-
licitation of funds by any person described in para-
graph (1) on behalf of any entity described in sub-
section (d) which is made specifically for funds to be
used for activities described in clauses (i) and (ii) of
section 301(20)(A), or made for any such entity
which engages primarily in activities described in
such clauses, the limitation applicable for purposes
of a donation of funds by an individual shall be the
limitation set forth in section 315(a)(1)(D).
‘‘(5) TREATMENT OF AMOUNTS USED TO IN-
FLUENCE
OR
CHALLENGE
STATE
REAPPORTION-
MENT.—Nothing in this subsection shall prevent or
limit an individual described in paragraph (1) from
soliciting or spending funds to be used exclusively
for the purpose of influencing the reapportionment
decisions of a State or the financing of litigation
which relates exclusively to the reapportionment de-
cisions made by a State.
‘‘(f) STATE CANDIDATES.—
‘‘(1) IN GENERAL.—A candidate for State or
local office, individual holding State or local office,
or an agent of such a candidate or individual may
not spend any funds for a communication described
in section 301(20)(A)(iii) unless the funds are sub-
ject to the limitations, prohibitions, and reporting
requirements of this Act.
‘‘(2) EXCEPTION
FOR
CERTAIN
COMMUNICA-
TIONS.—Paragraph (1) shall not apply to an indi-
vidual described in such paragraph if the commu-
nication involved is in connection with an election for
such State or local office and refers only to such in-
dividual 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 Elec-
tion 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 sched-
uled 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 ap-
pears on the ballot (regardless of whether
a candidate for State or local office also
appears on the ballot);
‘‘(iii) a public communication that re-
fers to a clearly identified candidate for
Federal office (regardless of whether a
candidate for State or local office is also
mentioned or identified) and that promotes
or supports a candidate for that office, or
attacks or opposes a candidate for that of-
fice (regardless of whether the communica-
tion 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 indi-
vidual’s compensated time during that
month on activities in connection with a
Federal election.
‘‘(B) EXCLUDED
ACTIVITY.—The term
‘Federal election activity’ does not include an
amount expended or disbursed by a State, dis-
trict, or local committee of a political party
for—
‘‘(i) a public communication that re-
fers solely to a clearly identified candidate
for State or local office, if the communica-
tion is not a Federal election activity de-
scribed in subparagraph (A)(i) or (ii);
‘‘(ii) a contribution to a candidate for
State or local office, provided the contribu-
tion is not designated or used to pay for a
Federal election activity described in sub-
paragraph (A);
‘‘(iii) the costs of a State, district, or
local political convention;
‘‘(iv) the costs of grassroots campaign
materials, including buttons, bumper stick-
ers, and yard signs, that name or depict
only a candidate for State or local office;
and
‘‘(v) the cost of constructing or pur-
chasing an office facility or equipment for
a State, district, or local committee.
‘‘(21) GENERIC
CAMPAIGN
ACTIVITY.—The
term ‘generic campaign activity’ means a campaign
activity that promotes a political party and does not
promote a candidate or non-Federal candidate.
‘‘(22) PUBLIC
COMMUNICATION.—The term
‘public communication’ means a communication by
means of any broadcast, cable, or satellite commu-
nication, newspaper, magazine, outdoor advertising
facility, mass mailing, or telephone bank to the gen-
eral public, or any other form of general public polit-
ical advertising.
‘‘(23) MASS MAILING.—The term ‘mass mail-
ing’ means a mailing by United States mail or fac-
simile 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 LIMITS FOR STATE
COMMITTEES OF POLITICAL PARTIES AND
AGGREGATE CONTRIBUTION LIMIT FOR INDI-
VIDUALS.
(a) CONTRIBUTION LIMIT FOR STATE COMMITTEES
OF POLITICAL PARTIES.—Section 315(a)(1) of the Fed-
eral Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1))
is amended—
(1) in subparagraph (B), by striking ‘‘or’’ at
the end;
(2) in subparagraph (C)—
(A) by inserting ‘‘(other than a committee
described in subparagraph (D))’’ after ‘‘com-
mittee’’; 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.’’.
(b) AGGREGATE CONTRIBUTION LIMIT FOR INDI-
VIDUAL.—Section 315(a)(3) of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 441a(a)(3)) is amended by
striking ‘‘$25,000’’ and inserting ‘‘$30,000’’.
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
POLIT-
ICAL
COMMITTEES.—The national committee of a
political party, any national congressional campaign
committee of a political party, and any subordinate
committee of either, shall report all receipts and dis-
bursements during the reporting period.
‘‘(2) OTHER POLITICAL COMMITTEES TO WHICH
SECTION 323 APPLIES.—
‘‘(A) IN
GENERAL.—In addition to any
other reporting requirements applicable under
this Act, a political committee (not described in
paragraph (1)) to which section 323(b)(1) ap-
plies shall report all receipts and disbursements
made 
for 
activities 
described 
in 
section
301(20)(A).
‘‘(B) SPECIFIC DISCLOSURE BY STATE AND
LOCAL
PARTIES
OF
CERTAIN
NONFEDERAL
AMOUNTS PERMITTED TO BE SPENT ON FED-
ERAL ELECTION ACTIVITY.—Each report by a
political committee under subparagraph (A) of
receipts and disbursements made for activities
described in section 301(20)(A) shall include a
disclosure of all receipts and disbursements
made section 323(b)(2)(A) and (B).
‘‘(3) ITEMIZATION.—If a political committee
has receipts or disbursements to which this sub-
section 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 para-
graphs (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 DEFINI-
TION OF CONTRIBUTION.—Section 301(8)(B) of the Fed-
eral Election Campaign Act of 1971 (2 U.S.C. 431(8)(B))
is amended—
(1) by striking clause (viii); and
(2) by redesignating clauses (ix) through (xv)
as clauses (viii) through (xiv), respectively.
TITLE II—NONCANDIDATE
CAMPAIGN EXPENDITURES
Subtitle A—Electioneering
Communications
SEC. 201. DISCLOSURE OF ELECTIONEERING COMMUNICA-
TIONS.
(a) IN GENERAL.—Section 304 of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 434), as amended
by section 103, is amended by adding at the end the fol-
lowing new subsection:
‘‘(f) DISCLOSURE OF ELECTIONEERING COMMUNICA-
TIONS.—
‘‘(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 dis-
closure date, file with the Commission a statement
containing the information described in paragraph
(2).
‘‘(2) CONTENTS OF STATEMENT.—Each state-
ment 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 mak-
ing 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 indi-
vidual.
‘‘(C) The amount of each disbursement of
more than $200 during the period covered by
the statement and the identification of the per-
son to whom the disbursement was made.
‘‘(D) The elections to which the election-
eering communications pertain and the names
(if known) of the candidates identified or to be
identified.
‘‘(E) If the disbursements were paid out of
a segregated bank account which consists of
funds contributed solely by individuals who are
United States citizens or nationals or lawfully
admitted for permanent residence as defined in
section 1101(a)(2) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(2)) 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 ending on the disclosure date. Nothing
in this subparagraph is to be construed as a
prohibition on the use of funds in such a seg-
regated account for a purpose other than elec-
tioneering communications.
‘‘(F) If the disbursements were paid out of
funds not described in subparagraph (E), the
names and addresses of all contributors who
contributed an aggregate amount of $1,000 or
more to the person making the disbursement
during the period beginning on the first day of
the preceding calendar year and ending on the
disclosure date.
‘‘(3) ELECTIONEERING COMMUNICATION.—For
purposes of this subsection—
‘‘(A) IN GENERAL.—(i) The term ‘election-
eering communication’ means any broadcast,
cable, or satellite communication which—
‘‘(I) refers to a clearly identified can-
didate for Federal office;
‘‘(II) is made within—
didate. Nothing in this subparagraph shall be
construed to affect the interpretation or appli-
cation of section 100.22(b) of title 11, Code of
Federal Regulations.
‘‘(B) EXCEPTIONS.—The term ‘election-
eering communication’ does not include—
‘‘(i) a communication appearing in a
news story, commentary, or editorial dis-
tributed through the facilities of any
broadcasting station, unless such facilities
are owned or controlled by any political
party, political committee, or candidate;
‘‘(ii) a communication which con-
stitutes an expenditure or an independent
expenditure under this Act;
‘‘(iii) a communication which con-
stitutes a candidate debate or forum con-
ducted pursuant to regulations adopted by
the Commission, or which solely promotes
such a debate or forum and is made by or
on behalf of the person sponsoring the de-
bate or forum; or
‘‘(iv) any other communication ex-
empted under such regulations as the
Commission may promulgate (consistent
with the requirements of this paragraph)
to ensure the appropriate implementation
of this paragraph, except that under any
such regulation a communication may not
be exempted if it meets the requirements
of this paragraph and is described in sec-
tion 301(20)(A)(iii).
‘‘(C) TARGETING
TO
RELEVANT
ELEC-
TORATE.—For purposes of this paragraph, a
communication which refers to a clearly identi-
fied candidate for Federal office is ‘targeted to
the relevant electorate’ if the communication
can be received by 50,000 or more persons—
‘‘(i) in the district the candidate seeks
to represent, in the case of a candidate for
Representative in, or Delegate or Resident
Commissioner to, the Congress; or
‘‘(ii) in the State the candidate seeks
to represent, in the case of a candidate for
Senator.
‘‘(4) DISCLOSURE DATE.—For purposes of this
subsection, the term ‘disclosure date’ means—
‘‘(A) the first date during any calendar
year by which a person has made disbursements
for the direct costs of producing or airing elec-
tioneering communications aggregating in ex-
cess 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 elec-
tioneering communications aggregating in ex-
cess of $10,000 since the most recent disclosure
date for such calendar year.
‘‘(5) CONTRACTS TO DISBURSE.—For purposes
of this subsection, a person shall be treated as hav-
ing made a disbursement if the person has executed
a contract to make the disbursement.
‘‘(6) COORDINATION
WITH
OTHER
REQUIRE-
MENTS.—Any requirement to report under this sub-
section 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 defini-
tion of political activities or electioneering activities
(including the definition of participating in, inter-
vening in, or influencing or attempting to influence
a political campaign on behalf of or in opposition to
any candidate for public office) for purposes of the
Internal Revenue Code of 1986.’’.
(b) RESPONSIBILITIES
OF FEDERAL COMMUNICA-
TIONS COMMISSION.—The Federal Communications Com-
mission 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 Commu-
nication Commission’s website.
SEC. 202. COORDINATED COMMUNICATIONS AS CONTRIBU-
TIONS.
Section 315(a)(7) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(a)(7)) is amended—
(1) by redesignating subparagraph (C) as sub-
paragraph (D); and
(2) by inserting after subparagraph (B) the fol-
lowing:
‘‘(C) if—
‘‘(i) any person makes, or contracts to
make, any disbursement for any election-
eering communication (within the meaning
of section 304(f)(3)); and
‘‘(ii) such disbursement is coordinated
with a candidate or an authorized com-
mittee of such candidate, a Federal, State,
or local political party or committee there-
of, or an agent or official of any such can-
didate, party, or committee;
such disbursement or contracting shall be treat-
ed as a contribution to the candidate supported
by the electioneering communication or that
candidate’s party and as an expenditure by that
candidate or that candidate’s party; and’’.
SEC. 203. PROHIBITION OF CORPORATE AND LABOR DIS-
BURSEMENTS FOR ELECTIONEERING COM-
MUNICATIONS.
(a) IN GENERAL.—Section 316(b)(2) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441b(b)(2)) is
amended by inserting ‘‘or for any applicable electioneering
communication’’ before ‘‘, but shall not include’’.
(b) APPLICABLE
ELECTIONEERING
COMMUNICA-
TION.—Section 316 of such Act is amended by adding at
the end the following:
‘‘(c) RULES RELATING TO ELECTIONEERING COM-
MUNICATIONS.—
‘‘(1) APPLICABLE
ELECTIONEERING
COMMU-
NICATION.—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 de-
scribed in subsection (a) of this section or by any
other person using funds donated by an entity de-
scribed in subsection (a) of this section.
‘‘(2) EXCEPTION.—Notwithstanding paragraph
(1), the term ‘applicable electioneering communica-
tion’ does not include a communication by a section
501(c)(4) organization or a political organization (as
defined in section 527(e)(1) of such Code) made
under section 304(f)(2)(E) or (F) of this Act if the
communication is paid for exclusively by funds pro-
vided directly by individuals who are United States
citizens or nationals or lawfully admitted for perma-
nent residence as defined in section 1101(a)(2) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(2)). For purposes of the preceding sentence,
the term ‘provided directly by individuals’ does not
include funds the source of which is an entity de-
scribed in subsection (a) of this section.
‘‘(3) SPECIAL OPERATING RULES.—
‘‘(A) 
DEFINITION
UNDER
PARAGRAPH
(1).—An electioneering communication shall be
treated as made by an entity described in sub-
section (a) if an entity described in subsection
(a) directly or indirectly disburses any amount
for any of the costs of the communication.
‘‘(B) 
EXCEPTION
UNDER
PARAGRAPH
(2).—A section 501(c)(4) organization that de-
rives amounts from business activities or re-
ceives funds from any entity described in sub-
section (a) shall be considered to have paid for
any communication out of such amounts unless
such organization paid for the communication
out of a segregated account to which only indi-
viduals 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) organiza-
tion’ means—
‘‘(i) an organization described in sec-
tion 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 sub-
mitted an application to the Internal Rev-
enue Service for determination of its status
as an organization described in clause (i);
and
‘‘(B) a person shall be treated as having
made a disbursement if the person has executed
a contract to make the disbursement.
‘‘(5) COORDINATION WITH INTERNAL REVENUE
CODE.—Nothing in this subsection shall be con-
strued to authorize an organization exempt from
taxation under section 501(a) of the Internal Rev-
enue Code of 1986 to carry out any activity which
is prohibited under such Code.’’.
SEC. 204. RULES RELATING TO CERTAIN TARGETED ELEC-
TIONEERING 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 COMMU-
NICATIONS.—
‘‘(A) EXCEPTION
DOES
NOT
APPLY.—
Paragraph (2) shall not apply in the case of a
targeted communication that is made by an or-
ganization described in such paragraph.
‘‘(B) TARGETED
COMMUNICATION.—For
purposes of subparagraph (A), the term ‘tar-
geted communication’ means an electioneering
communication (as defined in section 304(f)(3))
that is distributed from a television or radio
broadcast station or provider of cable or sat-
ellite television service and, in the case of a
communication which refers to a candidate for
an office other than President or Vice Presi-
dent, is targeted to the relevant electorate.
‘‘(C) DEFINITION.—For purposes of this
paragraph, a communication is ‘targeted to the
relevant electorate’ if it meets the requirements
described in section 304(f)(3)(C).’’.
Subtitle B—Independent and
Coordinated Expenditures
SEC. 211. DEFINITION OF INDEPENDENT EXPENDITURE.
Section 301 of the Federal Election Campaign Act
(2 U.S.C. 431) is amended by striking paragraph (17) and
inserting the following:
‘‘(17) 
INDEPENDENT
EXPENDITURE.—The
term ‘independent expenditure’ means an expendi-
ture by a person—
‘‘(A) expressly advocating the election or
defeat of a clearly identified candidate; and
‘‘(B) that is not made in concert or co-
operation with, at the request or suggestion of,
or pursuant to any general or particular under-
standing with, such candidate, the candidate’s
authorized political committee, or their agents,
or a political party committee or its agents.’’.
SEC. 212. REPORTING REQUIREMENTS FOR CERTAIN INDE-
PENDENT EXPENDITURES.
(a) IN GENERAL.—Section 304 of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 434) (as amended
by section 201) is amended—
(1) in subsection (c)(2), by striking the undes-
ignated matter after subparagraph (C); and
(2) by adding at the end the following:
‘‘(g) TIME
FOR REPORTING CERTAIN EXPENDI-
TURES.—
‘‘(1) EXPENDITURES AGGREGATING $1,000.—
‘‘(A) INITIAL REPORT.—A person (includ-
ing a political committee) that makes or con-
tracts to make independent expenditures aggre-
gating $1,000 or more after the 20th day, but
more than 24 hours, before the date of an elec-
tion shall file a report describing the expendi-
tures within 24 hours.
‘‘(B) ADDITIONAL REPORTS.—After a per-
son files a report under subparagraph (A), the
person shall file an additional report within 24
hours after each time the person makes or con-
tracts to make independent expenditures aggre-
gating 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 (includ-
ing a political committee) that makes or con-
tracts to make independent expenditures aggre-
gating $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 ex-
penditures within 48 hours.
‘‘(B) ADDITIONAL REPORTS.—After a per-
son files a report under subparagraph (A), the
person shall file an additional report within 48
hours after each time the person makes or con-
tracts to make independent expenditures aggre-
gating an additional $10,000 with respect to
the same election as that to which the initial re-
port relates.
‘‘(3) PLACE OF FILING; CONTENTS.—A report
under this subsection—
‘‘(A) shall be filed with the Commission;
and
‘‘(B) shall contain the information required
by subsection (b)(6)(B)(iii), including the name
of each candidate whom an expenditure is in-
tended to support or oppose.’’.
(b) CONFORMING AMENDMENT.—Section 304(a)(5)
of such Act (2 U.S.C. 434(a)(5)) is amended by striking
‘‘, or the second sentence of subsection (c)(2)’’.
SEC. 213. INDEPENDENT VERSUS COORDINATED EXPENDI-
TURES BY PARTY.
Section 315(d) of the Federal Election Campaign Act
(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 EX-
PENDITURES BY PARTY.—
‘‘(A) IN GENERAL.—On or after the date
on which a political party nominates a can-
didate, a committee of the political party shall
not make both expenditures under this sub-
section and independent expenditures (as de-
fined in section 301(17)) with respect to the
candidate during the election cycle.
‘‘(B) CERTIFICATION.—Before making a
coordinated expenditure under this subsection
with respect to a candidate, a committee of a
political party shall file with the Commission a
certification, signed by the treasurer of the
committee, that the committee, on or after the
date described in subparagraph (A), has not
and shall not make any independent expendi-
ture with respect to the candidate during the
same election cycle.
‘‘(C) APPLICATION.—For purposes of this
paragraph, all political committees established
and maintained by a national political party
(including all congressional campaign commit-
tees) and all political committees established
and maintained by a State political party (in-
cluding any subordinate committee of a State
committee) shall be considered to be a single
political committee.
‘‘(D) TRANSFERS.—A committee of a po-
litical party that submits a certification under
subparagraph (B) 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 po-
litical party that has made or intends to make
an independent expenditure with respect to the
candidate.’’.
SEC. 214. COORDINATION WITH CANDIDATES OR POLIT-
ICAL PARTIES.
(a) IN GENERAL.—
(1) COORDINATED
EXPENDITURE
OR
DIS-
BURSEMENT TREATED AS CONTRIBUTION.—Section
301(8) of the Federal Election Campaign Act of
1971 (2 U.S.C. 431(8)) is amended—
(A) by striking ‘‘or’’ at the end of subpara-
graph (A)(i);
(B) by striking ‘‘purpose.’’ in subpara-
graph (A)(ii) and inserting ‘‘purpose;’’; and
(C) by adding at the end of subparagraph
(A) the following:
‘‘(iii) any coordinated expenditure or
other disbursement made by any person in
connection with a candidate’s election, re-
gardless of whether the expenditure or dis-
bursement is for a communication that
contains express advocacy; or
‘‘(iv) any coordinated expenditure or
other disbursement made in coordination
with a national committee, State com-
mittee, or other political committee of a
political party by a person (other than a
candidate or a candidate’s authorized com-
mittee) in connection with an election, re-
gardless of whether the expenditure or dis-
bursement is for a communication that
contains express advocacy.’’.
(2) 
CONFORMING
AMENDMENT.—Section
315(a)(7) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441a(a)(7)) is amended by striking
subparagraph (B) and inserting the following:
‘‘(B) a coordinated expenditure or dis-
bursement described in—
‘‘(i) section 301(8)(A)(iii) shall be
considered to be a contribution to the can-
didate and an expenditure by the can-
didate; and
‘‘(ii) section 301(8)(A)(iv) shall be
considered to be a contribution to, and an
expenditure by, the political party com-
mittee; and’’.
(b) DEFINITION OF COORDINATION.—Section 301(8)
of the Federal Election Campaign Act of 1971 (2 U.S.C.
431(8)) is amended by adding at the end the following:
‘‘(C) For purposes of subparagraph (A)(iii)
and (iv), the term ‘coordinated expenditure or
other disbursement’ means a payment made in
concert or cooperation with, at the request or
suggestion of, or pursuant to any general or
particular understanding with, such candidate,
the candidate’s authorized political committee,
or their agents, or a political party committee
or its agents.’’.
(c) REGULATIONS BY THE FEDERAL ELECTION COM-
MISSION.—(1) Within 90 days of the effective date of this
Act, the Federal Election Commission shall promulgate
new regulations to enforce the statutory standard set by
section 301(8)(C) of the Federal Election Campaign Act
of 1971 (as added by subsection (b)) and section
301(17)(B) of such Act (as amended by section 211). The
regulations shall not require collaboration or agreement to
establish coordination. In addition to any subject deter-
mined by the Commission, the regulations shall address—
(A) payments for the republication of campaign
materials;
(B) payments for the use of a common vendor;
(C) payments for communications directed or
made by persons who previously served as an em-
ployee of a candidate or a political party; and
(D) payments for communications made by a
person after substantial discussion about the com-
munication with a candidate or a political party.
(2) The regulations on coordination 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 90 days after
the effective date of this Act.
(d) MEANING OF CONTRIBUTION OR EXPENDITURE
FOR THE PURPOSES OF SECTION 316.—Section 316(b)(2)
of the Federal Election Campaign Act of 1971 (2 U.S.C.
441b(b)(2)) is amended by striking ‘‘shall include’’ and
inserting ‘‘includes a contribution or expenditure, as those
terms are defined in section 301, and also includes’’.
TITLE III—MISCELLANEOUS
SEC. 301. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN
PURPOSES.
Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by striking section
313 and inserting the following:
‘‘SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN
PURPOSES.
‘‘(a) PERMITTED USES.—A contribution accepted by
a candidate, and any other donation received by an indi-
vidual as support for activities of the individual as a holder
of Federal office, may be used by the candidate or
individual—
‘‘(1) for otherwise authorized expenditures in
connection with the campaign for Federal office of
the candidate or individual;
‘‘(2) for ordinary and necessary expenses in-
curred in connection with duties of the individual as
a holder of Federal office;
‘‘(3) for contributions to an organization de-
scribed in section 170(c) of the Internal Revenue
Code of 1986; or
‘‘(4) for transfers to a national, State, or local
committee of a political party.
‘‘(b) PROHIBITED USE.—
‘‘(1) IN GENERAL.—A contribution or donation
described in subsection (a) shall not be converted by
any person to personal use.
‘‘(2) CONVERSION.—For the purposes of para-
graph (1), a contribution or donation shall be con-
sidered to be converted to personal use if the con-
tribution or amount is used to fulfill any commit-
ment, obligation, or expense of a person that would
exist irrespective of the candidate’s election cam-
paign or individual’s duties as a holder of Federal
office, including—
‘‘(A) a home mortgage, rent, or utility pay-
ment;
‘‘(B) a clothing purchase;
‘‘(C) a noncampaign-related automobile ex-
pense;
‘‘(D) a country club membership;
‘‘(E) a vacation or other noncampaign-re-
lated trip;
‘‘(F) a household food item;
‘‘(G) a tuition payment;
‘‘(H) admission to a sporting event, con-
cert, 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 Govern-
ment, 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 du-
ties by an officer or employee of the United States,
from any person.
‘‘(2) PENALTY.—A person who violates this sec-
tion shall be fined not more than $5,000, imprisoned
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 com-
mittee of a political party; or
‘‘(C) an expenditure, independent expendi-
ture, or disbursement for an electioneering com-
munication (within the meaning of section
304(f)(3)); or
‘‘(2) a person to solicit, accept, or receive a con-
tribution or donation described in subparagraph (A)
or (B) of paragraph (1) from a foreign national.’’.
SEC. 304. MODIFICATION OF INDIVIDUAL CONTRIBUTION
LIMITS IN RESPONSE TO EXPENDITURES
FROM PERSONAL FUNDS.
(a) INCREASED LIMITS FOR INDIVIDUALS.—
(1) IN GENERAL.—Section 315 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a) is
amended—
(A) in subsection (a)(1), by striking ‘‘No
person’’ and inserting ‘‘Except as provided in
subsection (i), no person’’; and
(B) by adding at the end the following:
‘‘(i) INCREASED LIMIT TO ALLOW RESPONSE TO EX-
PENDITURES FROM PERSONAL FUNDS.—
‘‘(1) INCREASE.—
‘‘(A) IN GENERAL.—Subject to paragraph
(2), if the opposition personal funds amount
with respect to a candidate for election to the
office of Senator exceeds the threshold amount,
the limit under subsection (a)(1)(A) (in this
subsection referred to as the ‘applicable limit’)
with respect to that candidate shall be the in-
creased limit.
‘‘(B) THRESHOLD AMOUNT.—
‘‘(i) STATE-BY-STATE
COMPETITIVE
AND
FAIR
CAMPAIGN
FORMULA.—In this
subsection, the threshold amount with re-
spect to an election cycle of a candidate de-
scribed in subparagraph (A) is an amount
equal to the sum of—
‘‘(I) $150,000; and
‘‘(II) $0.04 multiplied by the vot-
ing age population.
‘‘(ii) VOTING
AGE
POPULATION.—In
this subparagraph, the term ‘voting age
population’ means in the case of a can-
didate for the office of Senator, the voting
age population of the State of the can-
didate (as certified under section 315(e)).
‘‘(C) INCREASED LIMIT.—Except as pro-
vided in clause (ii), for purposes of subpara-
graph (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) 
times 
the 
threshold
amount—
‘‘(I) the increased limit shall be 6
times the applicable limit;
‘‘(II) the limit under subsection
(a)(3) shall not apply with respect to
any contribution made with respect to
a candidate if such contribution is
made under the increased limit of
subparagraph (A) during a period in
which the candidate may accept such
a contribution; and
‘‘(III) the limits under subsection
(d) with respect to any expenditure by
a State or national committee of a po-
litical 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 de-
fined in section 304(a)(6)(B)) that an op-
posing candidate in the same election
makes; over
‘‘(ii) the aggregate amount of expendi-
tures 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 subpara-
graph (B), a candidate and the candidate’s au-
thorized committee shall not accept any con-
tribution, 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 contribu-
tion, when added to the aggregate amount
of contributions previously accepted and
party expenditures previously made under
the increased limits under this subsection
for the election cycle, exceeds 110 percent
of the opposition personal funds amount.
‘‘(B) EFFECT OF WITHDRAWAL OF AN OP-
POSING CANDIDATE.—A candidate and a can-
didate’s authorized committee shall not accept
any contribution and a party shall not make
any expenditure under the increased limit after
the date on which an opposing candidate ceases
to be a candidate to the extent that the amount
of such increased limit is attributable to such
an opposing candidate.
‘‘(3) DISPOSAL OF EXCESS CONTRIBUTIONS.—
‘‘(A) 
IN
GENERAL.—The 
aggregate
amount of contributions accepted by a can-
didate 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 con-
tributions 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 can-
didate or a candidate’s authorized committee
shall return the excess contribution to the per-
son who made the contribution.
‘‘(j) LIMITATION
ON REPAYMENT
OF PERSONAL
LOANS.—Any candidate who incurs personal loans made
after the date of enactment of the Bipartisan Campaign
Reform Act of 2001 in connection with the candidate’s
campaign for election shall not repay (directly or indi-
rectly), 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 PER-
SONAL FUNDS.—Section 304(a)(6) of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 434(a)(6)) is
amended—
(1) by redesignating subparagraph (B) as sub-
paragraph (E); and
(2) by inserting after subparagraph (A) the fol-
lowing:
‘‘(B) NOTIFICATION OF EXPENDITURE FROM PER-
SONAL FUNDS.—
‘‘(i) DEFINITION OF EXPENDITURE FROM PER-
SONAL FUNDS.—In this subparagraph, the term ‘ex-
penditure from personal funds’ means—
‘‘(I) an expenditure made by a candidate
using personal funds; and
‘‘(II) a contribution or loan made by a can-
didate 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 of-
fice of Senator, the candidate shall file a declaration
stating the total amount of expenditures from per-
sonal funds that the candidate intends to make, or
to obligate to make, with respect to the election that
will exceed the State-by-State competitive and fair
campaign formula with—
‘‘(I) the Commission; and
‘‘(II) each candidate in the same election.
‘‘(iii) INITIAL NOTIFICATION.—Not later than
24 hours after a candidate described in clause (ii)
makes or obligates to make an aggregate amount of
expenditures from personal funds in excess of 2
times the threshold amount in connection with any
election, the candidate shall file a notification with—
‘‘(I) the Commission; and
‘‘(II) each candidate in the same election.
‘‘(iv) ADDITIONAL NOTIFICATION.—After a can-
didate 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 of-
fice sought by the candidate;
‘‘(II) the date and amount of each expendi-
ture; 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 CON-
TRIBUTIONS.—In the next regularly scheduled report after
the date of the election for which a candidate seeks nomi-
nation for election to, or election to, Federal office, the
candidate or the candidate’s authorized committee shall
submit to the Commission a report indicating the source
and amount of any excess contributions (as determined
under paragraph (1) of section 315(i)) and the manner
in which the candidate or the candidate’s authorized com-
mittee used such funds.
‘‘(D) ENFORCEMENT.—For provisions providing for
the enforcement of the reporting requirements under this
paragraph, see section 309.’’.
(c) DEFINITIONS.—Section 301 of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 431), as amended
by section 101(a), is further amended by adding at the
end the following:
‘‘(25) ELECTION CYCLE.—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 pre-
ceding sentence, a primary election and a general election
shall be considered to be separate elections.
‘‘(26) PERSONAL FUNDS.—The term ‘personal funds’
means an amount that is derived from—
‘‘(A) any asset that, under applicable State law,
at the time the individual became a candidate, the
candidate had legal right of access to or control
over, and with respect to which the candidate had—
‘‘(i) legal and rightful title; or
‘‘(ii) an equitable interest;
‘‘(B) income received during the current elec-
tion 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 be-
quest after the beginning of the election cycle of
which the candidate is the beneficiary;
‘‘(vi) gifts of a personal nature that had
been customarily received by the candidate
prior to the beginning of the election cycle; and
‘‘(vii) proceeds from lotteries and similar
legal games of chance; and
‘‘(C) a portion of assets that are jointly owned
by the candidate and the candidate’s spouse equal to
the candidate’s share of the asset under the instru-
ment of conveyance or ownership, but if no specific
share is indicated by an instrument of conveyance or
ownership, the value of 1⁄2 of the property.’’.
SEC. 305. TELEVISION MEDIA RATES.
(a) LOWEST UNIT CHARGE.—Subsection (b) of sec-
tion 315 of the Communications Act of 1934 (47 U.S.C.
315) is amended—
(1) by striking ‘‘(b) The charges’’ and inserting
the following:
‘‘(b) CHARGES.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the charges’’;
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively; and
(3) by adding at the end the following:
‘‘(2) TELEVISION.—The charges made for the
use of any television broadcast station, or by a pro-
vider of cable or satellite television service, to any
person who is a legally qualified candidate for any
public office in connection with the campaign of such
candidate for nomination for election, or election, to
such office shall not exceed, during the periods re-
ferred to in paragraph (1)(A), the lowest charge of
the station (at any time during the 180-day period
preceding the date of the use) for the same amount
of time for the same period.’’.
(b) RATE AVAILABLE FOR NATIONAL PARTIES.—
Section 315(b)(2) of such Act (47 U.S.C. 315(b)(2), as
added by subsection (a)(3), is amended by inserting ‘‘, or
to a national committee of a political party making ex-
penditures under section 315(d) of the Federal Election
Campaign Act of 1971 on behalf of such candidate in con-
nection with such campaign,’’ after ‘‘such office’’.
(c) PREEMPTION.—Section 315 of such Act (47
U.S.C. 315) is amended—
(1) by redesignating subsections (c) and (d) as
subsections (e) and (f), respectively; and
(2) by inserting after subsection (b) the fol-
lowing new subsection:
‘‘(c) PREEMPTION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), a licensee shall not preempt the use of a
television broadcast station, or a provider of cable or
satellite television service, by an eligible candidate or
political committee of a political party who has pur-
chased and paid for such use pursuant to subsection
(b)(2).
‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI-
CENSEE.—If a program to be broadcast by a tele-
vision broadcast station, or a provider of cable or
satellite television service, is preempted because of
circumstances beyond the control of the station, any
candidate or party advertising spot scheduled to be
broadcast during that program may also be pre-
empted.’’.
(d) RANDOM AUDITS.—Section 315 of such Act (47
U.S.C. 315), as amended by subsection (c), is amended
by inserting after subsection (c) the following new sub-
section:
‘‘(d) RANDOM AUDITS.—
‘‘(1) IN GENERAL.—During the 45-day period
preceding a primary election and the 60-day period
preceding a general election, the Commission shall
conduct random audits of designated market areas
to ensure that each television broadcast station, and
provider of cable or satellite television service, in
those markets is allocating television broadcast ad-
vertising time in accordance with this section and
section 312.
‘‘(2) MARKETS.—The random audits conducted
under paragraph (1) shall cover the following mar-
kets:
‘‘(A) At least 6 of the top 50 largest des-
ignated market areas (as defined in section
122(j)(2)(C) of title 17, United States Code).
‘‘(B) At least 3 of the 51–100 largest des-
ignated market areas (as so defined).
‘‘(C) At least 3 of the 101–150 largest
designated market areas (as so defined).
‘‘(D) At least 3 of the 151–210 largest
designated market areas (as so defined).
‘‘(3) BROADCAST
STATIONS.—Each random
audit shall include each of the 3 largest television
broadcast networks, 1 independent network, and 1
cable network.’’.
(e) DEFINITION OF BROADCASTING STATION.—Sub-
section (e) of section 315 of such Act (47 U.S.C. 315(e)),
as redesignated by subsection (c)(1) of this section, is
amended by inserting ‘‘, a television broadcast station, and
a provider of cable or satellite television service’’ before
the semicolon.
(f) STYLISTIC AMENDMENTS.—Section 315 of such
Act (47 U.S.C. 315) is amended—
(1) in subsection (a), by inserting ‘‘IN GEN-
ERAL.—’’ before ‘‘If any’’;
(2) in subsection (e), as redesignated by sub-
section (c)(1) of this section, by inserting ‘‘DEFINI-
TIONS.—’’ before ‘‘For purposes’’; and
(3) in subsection (f), as so redesignated, by in-
serting ‘‘REGULATIONS.—’’ before ‘‘The Commis-
sion’’.
SEC. 306. LIMITATION ON AVAILABILITY OF LOWEST UNIT
CHARGE FOR FEDERAL CANDIDATES AT-
TACKING OPPOSITION.
(a) IN GENERAL.—Section 315(b) of the Commu-
nications Act of 1934 (47 U.S.C. 315(b)), as amended by
this Act, is amended by adding at the end the following:
‘‘(3) CONTENT OF BROADCASTS.—
‘‘(A) IN GENERAL.—In the case of a can-
didate for Federal office, such candidate shall
not be entitled to receive the rate under para-
graph (1)(A) or (2) for the use of any broad-
casting station unless the candidate provides
written certification to the broadcast station
that the candidate (and any authorized com-
mittee of the candidate) shall not make any di-
rect 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 subpara-
graph (C) or (D).
‘‘(B) LIMITATION ON CHARGES.—If a can-
didate for Federal office (or any authorized
committee of such candidate) makes a reference
described in subparagraph (A) in any broadcast
that does not meet the requirements of sub-
paragraph (C) or (D), such candidate shall not
be entitled to receive the rate under paragraph
(1)(A) or (2) 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 broad-
cast, for election to such office.
‘‘(C) TELEVISION
BROADCASTS.—A can-
didate meets the requirements of this subpara-
graph if, in the case of a television broadcast,
at the end of such broadcast there appears si-
multaneously, 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 state-
ment, identifying the candidate and stating
that the candidate has approved the broad-
cast 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 can-
didate 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 cer-
tified as accurate by the candidate (or any au-
thorized 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 Elec-
tion 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 (3),’’ before ‘‘during
the forty-five days’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to broadcasts made after the date
of enactment of this Act.
SEC. 307. 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 re-
ported under this Act at the time of
the receipt or disbursement;
‘‘(II) allows the information re-
corded under subclause (I) to be
transmitted immediately to the Com-
mission; and
‘‘(III) allows the Commission to
post the information on the Internet
immediately upon receipt; and
‘‘(ii) make a copy of software that
meets the standards promulgated under
clause (i) available to each person required
to file a designation, statement, or report
in electronic form under this Act.
‘‘(B) ADDITIONAL INFORMATION.—To the
extent feasible, the Commission shall require
vendors to include in the software developed
under the standards under subparagraph (A)
the ability for any person to file any designa-
tion, statement, or report required under this
Act in electronic form.
‘‘(C) REQUIRED
USE.—Notwithstanding
any provision of this Act relating to times for
filing reports, each candidate for Federal office
(or that candidate’s authorized committee) shall
use software that meets the standards promul-
gated under this paragraph once such software
is made available to such candidate.
‘‘(D) REQUIRED POSTING.—The Commis-
sion shall, as soon as practicable, post on the
Internet any information received under this
paragraph.’’.
SEC. 308. MODIFICATION OF CONTRIBUTION LIMITS.
(a) INCREASE IN INDIVIDUAL LIMITS FOR CERTAIN
CONTRIBUTIONS.—Section 315(a)(1) of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 441a(a)(1)) is
amended—
(1) in subparagraph (A), by striking ‘‘$1,000’’
and inserting the following: ‘‘$2,000 (or, in the case
of a candidate for Representative in or Delegate or
Resident Commissioner to the Congress, $1,000)’’;
and
(2) in subparagraph (B), by striking ‘‘$20,000’’
and inserting ‘‘$25,000’’.
(b) INCREASE IN AGGREGATE INDIVIDUAL LIMIT.—
Section 315(a)(3) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(a)(3)), as amended by section
102(b), is amended by striking ‘‘$30,000’’ and inserting
‘‘$37,500’’.
(c) INCREASE
IN
SENATORIAL
CAMPAIGN
COM-
MITTEE 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 sen-
tences;
(B) by inserting ‘‘(A)’’ before ‘‘At the be-
ginning’’; and
(C) by adding at the end the following:
‘‘(B) Except as provided in subparagraph (C), in any
calendar year after 2002—
‘‘(i) a limitation established by subsections
(a)(1)(A), (a)(1)(B), (a)(3), (b), (d), or (h) shall be
increased by the percent difference determined under
subparagraph (A);
‘‘(ii) each amount so increased shall remain in
effect for the calendar year; and
‘‘(iii) if any amount after adjustment under
clause (i) is not a multiple of $100, such amount
shall be rounded to the nearest multiple of $100.
‘‘(C) In the case of limitations under subsections
(a)(1)(A), (a)(1)(B), (a)(3), and (h), increases shall only
be made in odd-numbered years and such increases shall
remain in effect for the 2-year period beginning on the
first day following the date of the last general election in
the year preceding the year in which the amount is in-
creased and ending on the date of the next general elec-
tion.’’; 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 to contributions made after the
date of enactment of this Act.
SEC. 309. DONATIONS TO PRESIDENTIAL INAUGURAL COM-
MITTEE.
(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 dona-
tions.
‘‘(a) IN GENERAL.—A committee shall not be consid-
ered to be the Inaugural Committee for purposes of this
chapter unless the committee agrees to, and meets, the
requirements of subsections (b) and (c).
‘‘(b) DISCLOSURE.—
‘‘(1) IN
GENERAL.—Not later than the date
that is 90 days after the date of the Presidential in-
augural ceremony, the committee shall file a report
with the Federal Election Commission disclosing any
donation of money or anything of value made to the
committee in an aggregate amount equal to or great-
er than $200.
‘‘(2) CONTENTS
OF
REPORT.—A report filed
under paragraph (1) shall contain—
‘‘(A) the amount of the donation;
‘‘(B) the date the donation is received; and
‘‘(C) the name and address of the person
making the donation.
‘‘(c) LIMITATION.—The committee shall not accept
any donation from a foreign national (as defined in section
319(b) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441e(b))).’’.
(b) REPORTS MADE AVAILABLE BY FEC.—Section
304 of the Federal Election Campaign Act of 1971 (2
U.S.C. 434), as amended by sections 103, 201, and 212
is amended by adding at the end the following:
‘‘(h) REPORTS FROM INAUGURAL COMMITTEES.—
The Federal Election Commission shall make any report
filed by an Inaugural Committee under section 510 of title
36, United States Code, accessible to the public at the of-
fices of the Commission and on the Internet not later than
48 hours after the report is received by the Commission.’’.
SEC. 310. 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 be-
half of any candidate or political party or employee
or agent thereof for the purpose of soliciting con-
tributions or donations; or
‘‘(2) willfully and knowingly participate in or
conspire to participate in any plan, scheme, or de-
sign to violate paragraph (1).’’.
SEC. 311. 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 cam-
paigns.
(b) STUDY.—
(1) IN
GENERAL.—The Comptroller General
shall conduct a study of the clean money clean elec-
tions of Arizona and Maine.
(2) MATTERS STUDIED.—
(A) STATISTICS ON CLEAN MONEY CLEAN
ELECTIONS
CANDIDATES.—The 
Comptroller
General shall determine—
(i) the number of candidates who have
chosen to run for public office with clean
money clean elections including—
(I) the office for which they were
candidates;
(II) whether the candidate was
an incumbent or a challenger; and
(III) whether the candidate was
successful in the candidate’s bid for
public office; and
(ii) the number of races in which at
least one candidate ran an election with
clean money clean elections.
(B) EFFECTS
OF
CLEAN
MONEY
CLEAN
ELECTIONS.—The Comptroller General of the
United States shall describe the effects of pub-
lic financing under the clean money clean elec-
tions 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 detail-
ing the results of the study conducted under subsection
(b).
SEC. 312. CLARITY STANDARDS FOR IDENTIFICATION OF
SPONSORS OF ELECTION-RELATED ADVER-
TISING.
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 insert-
ing ‘‘Whenever a political committee makes
a disbursement for the purpose of financ-
ing any communication through any broad-
casting station, newspaper, magazine, out-
door advertising facility, mailing, or any
other type of general public political adver-
tising, or whenever’’;
(ii) by striking ‘‘an expenditure’’ and
inserting ‘‘a disbursement’’; and
(iii) by striking ‘‘direct’’; and
(iv) by inserting ‘‘or makes a dis-
bursement for an electioneering commu-
nication (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 read-
able 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) AUDIO STATEMENT.—
‘‘(A) 
CANDIDATE.—Any 
communication
described in paragraphs (1) or (2) of subsection
(a) which is transmitted through radio or tele-
vision shall include, in addition to the require-
ments of that paragraph, an audio statement by
the candidate that identifies the candidate and
states that the candidate has approved the com-
munication.
‘‘(B) OTHER PERSONS.—Any communica-
tion described in paragraph (3) of subsection
(a) which is transmitted through radio or tele-
vision shall include, in addition to the require-
ments of that paragraph, in a clearly spoken
manner, the following statement: ‘lllll
is responsible for the content of this adver-
tising.’ (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 also appear in a clearly readable manner
with a reasonable degree of color contrast be-
tween the background and the printed state-
ment, for a period of at least 4 seconds.
‘‘(2) TELEVISION.—If a communication de-
scribed in paragraph (1)(A) is transmitted through
television, the communication shall include, in addi-
tion to the audio statement under paragraph (1), a
written statement that—
‘‘(A) appears at the end of the communica-
tion in a clearly readable manner with a reason-
able degree of color contrast between the back-
ground and the printed statement, for a period
of at least 4 seconds; and
‘‘(B) is accompanied by a clearly identifi-
able photographic or similar image of the can-
didate.’’.
SEC. 313. 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 com-
mits a violation of any provision of this Act which involves
the making, receiving, or reporting of any contribution,
donation, or expenditure—
‘‘(i) aggregating $25,000 or more during a cal-
endar 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 one year,
or both.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to violations occurring on or after
the date of enactment of this Act.
SEC. 314. STATUTE OF LIMITATIONS.
(a) IN GENERAL.—Section 406(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 455(a)) is
amended by striking ‘‘3’’ and inserting ‘‘5’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to violations occurring on or after
the date of enactment of this Act.
SEC. 315. SENTENCING GUIDELINES.
(a) IN GENERAL.—The United States Sentencing
Commission shall—
(1) promulgate a guideline, or amend an exist-
ing guideline under section 994 of title 28, United
States Code, in accordance with paragraph (2), for
penalties for violations of the Federal Election Cam-
paign 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 re-
garding enforcement of the Federal Election Cam-
paign Act of 1971 and related election laws.
(b) CONSIDERATIONS.—The Commission shall pro-
vide guidelines under subsection (a) taking into account
the following considerations:
(1) Ensure that the sentencing guidelines and
policy statements reflect the serious nature of such
violations and the need for aggressive and appro-
priate law enforcement action to prevent such viola-
tions.
(2) Provide a sentencing enhancement for any
person convicted of such violation if such violation
involves—
(A) a contribution, donation, or expendi-
ture 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 govern-
mental funds; and
(E) an intent to achieve a benefit from the
Federal Government.
(3) Provide a sentencing enhancement for any
violation by a person who is a candidate or a high-
ranking campaign official for such candidate.
(4) Assure reasonable consistency with other
relevant directives and guidelines of the Commission.
(5) Account for aggravating or mitigating cir-
cumstances that might justify exceptions, including
circumstances for which the sentencing guidelines
currently provide sentencing enhancements.
(6) 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 sec-
tion 402, the United States Sentencing Commission
shall promulgate guidelines under this section not
later than the later of—
(A) 90 days after the date of enactment of
this Act; or
(B) 90 days after the date on which at
least a majority of the members of the Commis-
sion 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 Sen-
tencing Reform Act of 1987, as though the authority
under such Act has not expired.
SEC. 316. INCREASE IN PENALTIES IMPOSED FOR VIOLA-
TIONS OF CONDUIT CONTRIBUTION BAN.
(a) INCREASE IN CIVIL MONEY PENALTY FOR KNOW-
ING AND WILLFUL VIOLATIONS.—Section 309(a) of the
Federal Election Campaign Act of 1971 (2 U.S.C.
437g(a)) is amended—
(1) in paragraph (5)(B), by inserting before the
period at the end the following: ‘‘(or, in the case of
a violation of section 320, which is not less than 300
percent of the amount involved in the violation and
is not more than the greater of $50,000 or 1000
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 1000
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 com-
mits a violation of section 320 involving an amount aggre-
gating 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 impris-
onment under subparagraph (A) if the amount is
$25,000 or more);
‘‘(ii) fined not less than 300 percent of the
amount involved in the violation and not more than
the greater of—
‘‘(I) $50,000; or
‘‘(II) 1,000 percent of the amount involved
in the violation; or
‘‘(iii) both imprisoned under clause (i) and
fined under clause (ii).’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to violations occurring
on or after the date of enactment of this Act.
SEC. 317. RESTRICTION ON INCREASED CONTRIBUTION
LIMITS BY TAKING INTO ACCOUNT CAN-
DIDATE’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 ex-
penditures from personal funds under sub-
paragraph (D)(ii), such amount shall in-
clude the gross receipts advantage of the
candidate’s authorized committee.
‘‘(ii) GROSS RECEIPTS ADVANTAGE.—
For purposes of clause (i), the term ‘gross
receipts advantage’ means the excess, if
any, of—
‘‘(I) the aggregate amount of 50
percent of gross receipts of a can-
didate’s authorized committee during
any election cycle (not including con-
tributions from personal funds of the
candidate) that may be expended in
connection with the election, as deter-
mined on June 30 and December 31
of the year preceding the year in
which a general election is held, over
‘‘(II) the aggregate amount of 50
percent of gross receipts of the oppos-
ing candidate’s authorized committee
during any election cycle (not includ-
ing contributions from personal funds
of the candidate) that may be ex-
pended in connection with the elec-
tion, as determined on June 30 and
December 31 of the year preceding
the year in which a general election is
held.
SEC. 318. CLARIFICATION OF RIGHT OF NATIONALS OF THE
UNITED STATES TO MAKE POLITICAL CON-
TRIBUTIONS.
Section 319(d)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441e(d)(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 Im-
migration and Nationality Act)’’.
SEC. 319. 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. 320. DEFINITION OF CONTRIBUTIONS MADE THROUGH
INTERMEDIARY OR CONDUIT FOR PURPOSES
OF APPLYING CONTRIBUTION LIMITS.
The first sentence of section 315(a)(8) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(8)) is
amended by striking ‘‘including contributions which are
in any way earmarked or otherwise directed through an
intermediary or conduit to such candidate,’’ and inserting
the following: ‘‘including contributions which are in any
way earmarked or otherwise arranged or directed through
an intermediary or conduit to such candidate, or solicited
by such candidate to support the candidate’s election and
arranged or suggested by the candidate to be spent by or
through an intermediary to support or assist the can-
didate’s election,’’.
SEC. 321. PROHIBITING AUTHORIZED COMMITTEES FROM
FORMING JOINT FUNDRAISING COMMITTEES
WITH POLITICAL PARTY COMMITTEES.
Section 302(e) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 432(e)) is amended by adding at the
end the following new paragraph:
‘‘(6) No authorized committee of a candidate for Fed-
eral office may form a joint fundraising committee with
any political committee of a political party.’’.
SEC. 322. REGULATIONS TO PROHIBIT EFFORTS TO EVADE
REQUIREMENTS.
Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.), as amended by sections 101
and 319, is further amended by adding at the end the
following new section:
‘‘REGULATIONS TO PROHIBIT EFFORTS TO EVADE
REQUIREMENTS
‘‘SEC. 325. The Commission shall promulgate regula-
tions to prohibit efforts to evade or circumvent the limita-
tions, prohibitions, and reporting requirements of this
Act.’’.
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 unconstitu-
tional, 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 DATE.
(a) IN GENERAL.—Except as otherwise provided in
this Act, this Act and the amendments made by this Act
shall take effect 30 days after the date of its enactment.
(b) TRANSITION RULE FOR SPENDING OF FUNDS BY
NATIONAL PARTIES.—If a national committee of a polit-
ical party described in section 323(a)(1) of the Federal
Election Campaign Act of 1971 (as added by section
101(a)), including any person who is subject to such sec-
tion, has received funds described in such section prior to
the effective date described in subsection (a), the following
rules shall apply with respect to the spending of such
funds by such committee:
(1) During the period which begins on such ef-
fective date and ends 90 days thereafter or Decem-
ber 31, 2001 (whichever occurs later), the committee
may spend such funds for any activity permitted for
the use of such funds prior to such effective date.
(2) During the period which begins on such ef-
fective date and ends March 31, 2001, the com-
mittee may transfer such funds without limit to any
committee of a State or local political party, any or-
ganization described in section 501(c) of the Inter-
nal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code, or any organiza-
tion described in section 527 of such Code. Nothing
in this paragraph may be construed to permit any
committee or organization to which such funds are
transferred to use such funds in a manner incon-
sistent with any of the applicable provisions of this
Act or the amendments made by this Act.
(3) At any time after such effective date, the
committee may spend such funds for activities which
are solely to defray the costs of the construction or
purchase of any office building or facility.
SEC. 403. JUDICIAL REVIEW.
(a) 
SPECIAL
RULES
FOR
CERTAIN
ACTIONS
BROUGHT ON CONSTITUTIONAL GROUNDS.—If any per-
son who is aggrieved by any of the provisions of this Act
or any amendment made by this Act (or who would be
aggrieved by any such provision or amendment when the
provision or amendment becomes effective) brings an ac-
tion which names the United States as the defendant for
declaratory or injunctive relief to challenge the constitu-
tionality of the provision or amendment within the 90-day
period which begins on the date of the enactment of 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 pur-
suant 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 Representa-
tives and the Secretary of the Senate.
(3) A final decision in the action shall be re-
viewable only by appeal directly to the United States
Supreme Court. 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 sub-
section (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 ei-
ther 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.
TITLE V—ADDITIONAL
DISCLOSURE PROVISIONS
SEC. 501. INTERNET ACCESS TO RECORDS.
Section 304(a)(11)(B) of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 434(a)(11)(B)) is amended
to read as follows:
‘‘(B) The Commission shall make a designation,
statement, report, or notification that is filed with the
Commission under this Act available for inspection by the
public in the offices of the Commission and accessible to
the public on the Internet not later than 48 hours (or not
later than 24 hours in the case of a designation, state-
ment, report, or notification filed electronically) after re-
ceipt by the Commission.’’.
SEC. 502. MAINTENANCE OF WEBSITE OF ELECTION RE-
PORTS.
(a) IN GENERAL.—The Federal Election Commission
shall maintain a central site on the Internet to make ac-
cessible to the public all publicly available election-related
reports and information.
(b) ELECTION-RELATED REPORT.—In this section,
the term ‘‘election-related report’’ means any report, des-
ignation, or statement required to be filed under the Fed-
eral Election Campaign Act of 1971.
(c) COORDINATION WITH OTHER AGENCIES.—Any
Federal executive agency receiving election-related infor-
mation which that agency is required by law to publicly
disclose shall cooperate and coordinate with the Federal
Election Commission to make such report available
through, or for posting on, the site of the Federal Election
Commission in a timely manner.
SEC. 503. ADDITIONAL MONTHLY AND QUARTERLY DISCLO-
SURE REPORTS.
(a) PRINCIPAL CAMPAIGN COMMITTEES.—
(1) MONTHLY REPORTS.—Section 304(a)(2)(A)
of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(a)(2)(A)) is amended by striking clause
(iii) and inserting the following:
‘‘(iii) additional monthly reports, which
shall be filed not later than the 20th day after
the last day of the month and shall be complete
as of the last day of the month, except that
monthly reports shall not be required under this
clause in November and December and a year
end report shall be filed not later than January
31 of the following calendar year.’’.
(2) 
QUARTERLY
REPORTS.—Section
304(a)(2)(B) of such Act 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 the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 434(a)(4)) is amended by
adding at the end the following flush sentence: ‘‘Notwith-
standing the preceding sentence, a national committee of
a political party shall file the reports required under sub-
paragraph (B).’’.
(c) CONFORMING AMENDMENTS.—
(1) SECTION 304.—Section 304(a) of the Fed-
eral Election Campaign Act of 1971 (2 U.S.C.
434(a)) is amended—
(A) in paragraph (3)(A)(ii), by striking
‘‘quarterly reports’’ and inserting ‘‘monthly re-
ports’’; and
(B) in paragraph (8), by striking ‘‘quar-
terly report under paragraph (2)(A)(iii) or
paragraph (4)(A)(i)’’ and inserting ‘‘monthly
report under paragraph (2)(A)(iii) or paragraph
(4)(A)’’.
(2) SECTION 309.—Section 309(b) of the Fed-
eral Election Campaign Act of 1971 (2 U.S.C.
437g(b)) is amended by striking ‘‘calendar quarter’’
and inserting ‘‘month’’.
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 redes-
ignating subsections (e) and (f) as subsections (f) and (g),
respectively, and inserting after subsection (d) the fol-
lowing:
‘‘(e) POLITICAL RECORD.—
‘‘(1) IN GENERAL.—A licensee shall maintain,
and make available for public inspection, a complete
record of a request to purchase broadcast time
that—
‘‘(A) is made by or on behalf of a legally
qualified candidate for public office; or
‘‘(B) communicates a message relating to
any political matter of national importance,
including—
‘‘(i) a legally qualified candidate;
‘‘(ii) any election to Federal office; or
‘‘(iii) a national legislative issue of
public importance.
‘‘(2) CONTENTS OF RECORD.—A record main-
tained under paragraph (1) shall contain informa-
tion regarding—
‘‘(A) whether the request to purchase
broadcast time is accepted or rejected by the li-
censee;
‘‘(B) the rate charged for the broadcast
time;
‘‘(C) the date and time on which the com-
munication is aired;
‘‘(D) the class of time that is purchased;
‘‘(E) the name of the candidate to which
the communication refers and the office to
which the candidate is seeking election, the elec-
tion to which the communication refers, or the
issue to which the communication refers (as ap-
plicable);
‘‘(F) in the case of a request made by, or
on behalf of, a candidate, the name of the can-
didate, the authorized committee of the can-
didate, and the treasurer of such committee;
and
‘‘(G) in the case of any other request, the
name of the person purchasing the time, the
name, address, and phone number of a contact
person for such person, and a list of the chief
executive officers or members of the executive
committee or of the board of directors of such
person.
‘‘(3) TIME TO MAINTAIN FILE.—The informa-
tion required under this subsection shall be placed in
a political file as soon as possible and shall be re-
tained by the licensee for a period of not less than
2 years.’’.
Union Calendar No. 73
107TH CONGRESS
1ST SESSION
H. R. 2356
[Report No. 107–131, Part I]
A BILL
To amend the Federal Election Campaign Act of
1971 to provide bipartisan campaign reform.
JULY 10, 2001
Reported adversely from the Committee on House
Administration
JULY 10, 2001
Referral to the Committees on Energy and Commerce
and the Judiciary extended for a period ending not
later than July 10, 2001
JULY 10, 2001
The Committees on Energy and Commerce and the Judi-
ciary discharged; referred to the Committee of the
Whole House on the State of the Union and ordered
to be printed