(B) by inserting ‘‘, and the election to
which the operating expenditure relates’’ after
‘‘operating expenditure’’.
SEC. 5. REPORTING OF ELECTION ACTIVITY OF PERSONS
OTHER THAN POLITICAL PARTIES.
Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434), as amended by section 4(c), is
amended by adding at the end the following new sub-
section:
‘‘(g) ELECTION ACTIVITY OF PERSONS OTHER THAN
POLITICAL PARTIES.—
‘‘(1) REQUIREMENT
DESCRIBED.—(A) If any
person to which section 323 does not apply makes
(or obligates to make) disbursements for activities
described in section 323(b) in excess of $2,000, such
person shall file a statement—
‘‘(i) on or before the date that is 48 hours
before the disbursements (or obligations) are
made; or
‘‘(ii) in the case of disbursements (or obli-
gations) that are required to be made within 14
days of the election, on or before such 14th day.
‘‘(B) An additional statement shall be filed each
time additional disbursements aggregating $2,000
are made (or obligated to be made) by a person de-
scribed in subparagraph (A).
‘‘(2) CONTENTS
OF
STATEMENT.—Any state-
ment under this section shall be filed with the Sec-
retary of the Senate or the Clerk of the House of
Representatives, and the Secretary of State (or
equivalent official) of the State involved, as appro-
priate, and shall contain such information as the
Commission shall prescribe, including whether the
disbursement is in support of, or in opposition to, 1
or more candidates or any political party. The Sec-
retary of the Senate or Clerk of the House of Rep-
resentatives shall, as soon as possible (but not later
than 24 hours after receipt), transmit a statement
to the Commission. Not later than 48 hours after re-
ceipt, the Commission shall transmit the statement
to—
‘‘(A) the candidates or political parties in-
volved; or
‘‘(B) if the disbursement is not in support
of, or in opposition to, a candidate or political
party, the State committees of each political
party in the State involved.
‘‘(3) DETERMINATIONS BY COMMISSION.—The
Commission may make its own determination that
disbursements described in paragraph (1) have been
made or are obligated to be made. The Commission
shall notify the candidates or political parties de-
scribed in paragraph (2) not later than 24 hours
after its determination.
‘‘(4) EXCEPTIONS.—This subsection shall not
apply to—
‘‘(A) a candidate or a candidate’s author-
ized committees; or
‘‘(B) an independent expenditure (as de-
fined in section 301(17)).’’.
SEC. 6. CONTRIBUTIONS THROUGH INTERMEDIARIES AND
CONDUITS.
Section 315(a)(8) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(a)(8)) is amended to read
as follows:
‘‘(8) For the purposes of this subsection:
‘‘(A) Contributions made by a person, either di-
rectly or indirectly, to or on behalf of a particular
candidate, including contributions that are in any
way earmarked or otherwise directed through an
intermediary or conduit to a candidate, shall be
treated as contributions from the person to the can-
didate. If a contribution is made to a candidate
through an intermediary or conduit, the inter-
mediary or conduit shall report the original source
and the intended recipient of the contribution to the
Commission and the intended recipient.
‘‘(B) Contributions made directly or indirectly
by a person to or on behalf of a particular candidate
through an intermediary or conduit, including con-
tributions arranged to be made by an intermediary
or conduit, shall be treated as contributions from the
intermediary or conduit to the candidate if—
‘‘(i) the contributions made through the
intermediary or conduit are in the form of a
check or other negotiable instrument made pay-
able to the intermediary or conduit rather than
the intended recipient; or
‘‘(ii) the intermediary or conduit is—
‘‘(I) a political committee, a political
party, or an officer, employee, or agent of
either;
‘‘(II) a person whose activities are re-
quired to be reported under section 4 of
the Lobbying Disclosure Act of 1995 (2
U.S.C. 1603), the Foreign Agents Reg-
istration Act of 1938 (22 U.S.C. 611 et
seq.), or any successor Federal law requir-
ing a person who is a lobbyist or foreign
agent to report the activities of such per-
son;
‘‘(III) a person who is prohibited from
making contributions under section 316 or
a partnership; or
‘‘(IV) an officer, employee, or agent of
a person described in subclause (II) or
(III) acting on behalf of such person.
‘‘(C) The term ‘contributions arranged to be
made’ includes—
‘‘(i)(I) contributions delivered directly or
indirectly to a particular candidate or the can-
didate’s authorized committee or agent by the
person who facilitated the contribution; and
‘‘(II) contributions made directly or indi-
rectly to a particular candidate or the can-
didate’s authorized committee or agent that are
provided at a fundraising event sponsored by an
intermediary or conduit described in subpara-
graph (B).
‘‘(D) This paragraph shall not prohibit—
‘‘(i) fundraising efforts for the benefit of a
candidate that are conducted by another can-
didate or Federal officeholder; or
‘‘(ii) the solicitation by an individual using
the individual’s resources and acting in the in-
dividual’s own name of contributions from other
persons in a manner not described in para-
graphs (B) and (C).’’.
SEC. 7. EFFECTIVE DATE.
The amendments made by this Act shall apply with
respect to elections occurring after December 31, 2002.
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