II
Calendar No. 318
107TH CONGRESS
2D SESSION
H. R. 2356
IN THE SENATE OF THE UNITED STATES
FEBRUARY 26, 2002
Received and read the first time
FEBRUARY 27, 2002
Read the second time and placed on the calendar
AN ACT
To amend the Federal Election Campaign Act of 1971 to
provide bipartisan campaign reform.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Bipartisan Campaign Reform Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—REDUCTION OF SPECIAL INTEREST INFLUENCE
Sec. 101. Soft money of political parties.
Sec. 102. Increased contribution limit for State committees of political parties.
Sec. 103. Reporting requirements.
TITLE II—NONCANDIDATE CAMPAIGN EXPENDITURES
Subtitle A—Electioneering Communications
Sec. 201. Disclosure of electioneering communications.
Sec. 202. Coordinated communications as contributions.
Sec. 203. Prohibition of corporate and labor disbursements for electioneering
communications.
Sec. 204. Rules relating to certain targeted electioneering communications.
Subtitle B—Independent and Coordinated Expenditures
Sec. 211. Definition of independent expenditure.
Sec. 212. Reporting requirements for certain independent expenditures.
Sec. 213. Independent versus coordinated expenditures by party.
Sec. 214. Coordination with candidates or political parties.
TITLE III—MISCELLANEOUS
Sec. 301. Use of contributed amounts for certain purposes.
Sec. 302. Prohibition of fundraising on Federal property.
Sec. 303. Strengthening foreign money ban.
Sec. 304. Modification of individual contribution limits in response to expendi-
tures from personal funds.
Sec. 305. Limitation on availability of lowest unit charge for Federal candidates
attacking opposition.
Sec. 306. Software for filing reports and prompt disclosure of contributions.
Sec. 307. Modification of contribution limits.
Sec. 308. Donations to Presidential inaugural committee.
Sec. 309. Prohibition on fraudulent solicitation of funds.
Sec. 310. Study and report on Clean Money Clean Elections laws.
Sec. 311. Clarity standards for identification of sponsors of election-related ad-
vertising.
Sec. 312. Increase in penalties.
Sec. 313. Statute of limitations.
Sec. 314. Sentencing guidelines.
Sec. 315. Increase in penalties imposed for violations of conduit contribution
ban.
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Sec. 316. Restriction on increased contribution limits by taking into account
candidate’s available funds.
Sec. 317. Clarification of right of nationals of the United States to make polit-
ical contributions.
Sec. 318. Prohibition of contributions by minors.
Sec. 319. Modification of individual contribution limits for House candidates in
response to expenditures from personal funds.
TITLE IV—SEVERABILITY; EFFECTIVE DATE
Sec. 401. Severability.
Sec. 402. Effective 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 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.
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‘‘(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 of 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
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by a State, district, or local committee of a po-
litical party for an activity described in either
such clause to the extent the amounts expended
or disbursed for such activity are allocated
(under regulations prescribed by the Commis-
sion) among amounts—
‘‘(i) which consist solely of contribu-
tions subject to the limitations, prohibi-
tions, and reporting requirements of this
Act (other than amounts described in sub-
paragraph (B)(iii)); and
‘‘(ii) other amounts which are not
subject to the limitations, prohibitions, and
reporting requirements of this Act (other
than any requirements of this subsection).
‘‘(B) 
CONDITIONS.—Subparagraph 
(A)
shall only apply if—
‘‘(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
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solely to a clearly identified candidate for
State or local office;
‘‘(iii) the amounts expended or dis-
bursed which are described in subpara-
graph (A)(ii) are paid from amounts which
are donated in accordance with State law
and which meet the requirements of sub-
paragraph (C), except that no person (in-
cluding any person established, financed,
maintained, or controlled by such person)
may donate more than $10,000 to a State,
district, or local committee of a political
party in a calendar year for such expendi-
tures 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
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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
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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)
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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
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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 or was also a candidate for a State or local
office solely in connection with such election for
State or local office if the solicitation, receipt, or
spending of funds is permitted under State law and
refers only to such State or local candidate, or to
any other candidate for the State or local office
sought by such candidate, or both.
‘‘(3) FUNDRAISING EVENTS.—Notwithstanding
paragraph (1) or subsection (b)(2)(C), a candidate
or an individual holding Federal office may attend,
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speak, or be a featured guest at a fundraising event
for a State, district, or local committee of a political
party.
‘‘(4) PERMITTING CERTAIN SOLICITATIONS.—
‘‘(A) GENERAL SOLICITATIONS.—Notwith-
standing any other provision of this subsection,
an individual described in paragraph (1) may
make a general solicitation of funds on behalf
of any organization that is described in section
501(c) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a)
of such Code (or has submitted an application
for determination of tax exempt status under
such section) (other than an entity whose prin-
cipal purpose is to conduct activities described
in clauses (i) and (ii) of section 301(20)(A))
where such solicitation does not specify how the
funds will or should be spent.
‘‘(B) CERTAIN SPECIFIC SOLICITATIONS.—
In addition to the general solicitations per-
mitted under subparagraph (A), an individual
described in paragraph (1) may make a solicita-
tion explicitly to obtain funds for carrying out
the activities described in clauses (i) and (ii) of
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section 301(20)(A), or for an entity whose prin-
cipal purpose is to conduct such activities, if—
‘‘(i) the solicitation is made only to in-
dividuals; and
‘‘(ii) the amount solicited from any in-
dividual during any calendar year does not
exceed $20,000.
‘‘(f) STATE CANDIDATES.—
‘‘(1) IN GENERAL.—A candidate for State or
local office, individual holding State or local office,
or an agent of such a candidate or individual may
not spend any funds for a 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.’’.
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(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-