fined in subsection (b)(1)) that an oppos-
ing 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.
‘‘(B) 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 (A), such amount shall include
the gross receipts advantage of the can-
didate’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.
‘‘(3) 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 subsection (b)(1); 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 100 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.
‘‘(4) 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.
‘‘(b) NOTIFICATION OF EXPENDITURES FROM PER-
SONAL FUNDS.—
‘‘(1) IN GENERAL.—
‘‘(A) DEFINITION OF EXPENDITURE FROM
PERSONAL
FUNDS.—In this paragraph, the
term 
‘expenditure 
from 
personal 
funds’
means—
‘‘(i) an expenditure made by a can-
didate using personal funds; and
‘‘(ii) a contribution or loan made by a
candidate using personal funds or a loan
secured using such funds to the can-
didate’s authorized committee.
‘‘(B) DECLARATION
OF
INTENT.—Not
later than the date that is 15 days after the
date on which an individual becomes a can-
didate for the office of Representative in, or
Delegate or Resident Commissioner to, the Con-
gress, the candidate shall file a declaration stat-
ing the total amount of expenditures from per-
sonal funds that the candidate intends to make,
or to obligate to make, with respect to the elec-
tion that will exceed $350,000.
‘‘(C) INITIAL
NOTIFICATION.—Not later
than 24 hours after a candidate described in
subparagraph (B) makes or obligates to make
an aggregate amount of expenditures from per-
sonal funds in excess of $350,000 in connection
with any election, the candidate shall file a noti-
fication.
‘‘(D) ADDITIONAL NOTIFICATION.—After a
candidate files an initial notification under sub-
paragraph (C), the candidate shall file an addi-
tional notification each time expenditures from
personal funds are made or obligated to be
made in an aggregate amount that exceeds
$10,000. Such notification shall be filed not
later than 24 hours after the expenditure is
made.
‘‘(E) CONTENTS.—A notification under
subparagraph (C) or (D) shall include—
‘‘(i) the name of the candidate and
the office sought by the candidate;
‘‘(ii) the date and amount of each ex-
penditure; 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 expendi-
ture that is the subject of the notification.
‘‘(F) PLACE OF FILING.—Each declaration
or notification required to be filed by a can-
didate under subparagraph (C), (D), or (E)
shall be filed with—
‘‘(i) the Commission; and
‘‘(ii) each candidate in the same elec-
tion and the national party of each such
candidate.
‘‘(2) NOTIFICATION OF DISPOSAL OF EXCESS
CONTRIBUTIONS.—In the next regularly scheduled
report after the date of the election for which a can-
didate seeks nomination for election to, or election
to, Federal office, the candidate or the candidate’s
authorized committee shall submit to the Commis-
sion a report indicating the source and amount of
any excess contributions (as determined under sub-
section (a)) and the manner in which the candidate
or the candidate’s authorized committee used such
funds.
‘‘(3) ENFORCEMENT.—For provisions providing
for the enforcement of the reporting requirements
under this subsection, see section 309.’’.
(b) CONFORMING AMENDMENT.—Section 315(a)(1)
of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a), as amended by section 304(a), is amended by strik-
ing ‘‘subsection (i),’’ and inserting ‘‘subsection (i) and sec-
tion 315A,’’.
TITLE IV—SEVERABILITY;
EFFECTIVE DATE
SEC. 401. SEVERABILITY.
If any provision of this Act or amendment made by
this Act, or the application of a provision or amendment
to any person or circumstance, is held to be 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
section 307 and subsection (b), this Act and the amend-
ments made by this Act shall take effect November 6,
2002.
(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) Prior to January 1, 2003, the committee
may spend such funds to retire outstanding debts or
obligations incurred prior to such effective date, so
long as such debts or obligations were incurred sole-
ly in connection with an election held on or before
November 5, 2002 (or any runoff election or recount
resulting from an election in 2002) and so long as
such debts or obligations were not incurred for any
expenditures (activities required to be paid for with
‘‘hard money’’) under such Act. Nothing in this
paragraph may allow such funds (commonly known
as ‘‘soft money’’) to be used to pay for any debts or
obligations incurred for any Federal election expend-
itures under such Act (‘‘hard money’’ activities).
(2) At no time after such effective date may the
committee spend any such funds for activities to de-
fray the costs of the construction or purchase of any
office building or facility.
(c) REGULATIONS.—Not later than 90 days after the
date of the enactment of this Act, the Federal Election
Commission shall promulgate regulations to carry out title
I of this Act and the amendments made by such title. Not
later than 270 days after the date of the enactment of
this Act, the Federal Election Commission shall promul-
gate regulations to carry out all other titles of this Act
and all other amendments made by this Act which are
under the Commission’s jurisdiction.
SEC. 403. JUDICIAL REVIEW.
(a) SPECIAL RULES FOR ACTIONS BROUGHT
ON
CONSTITUTIONAL GROUNDS.—If any action is brought for
declaratory or injunctive relief to challenge the constitu-
tionality of any provision of this Act or any amendment
made by this Act, the following rules shall apply:
(1) The action shall be filed in the United
States District Court for the District of Columbia
and shall be heard by a 3-judge court convened 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 Supreme
Court of the United States. Such appeal shall be
taken by the filing of a notice of appeal within 10
days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(4) It shall be the duty of the United States
District Court for the District of Columbia and the
Supreme Court of the United States to advance on
the docket and to expedite to the greatest possible
extent the disposition of the action and appeal.
(b) INTERVENTION BY MEMBERS OF CONGRESS.—In
any action in which the constitutionality of any provision
of this Act or any amendment made by this Act is raised
(including but not limited to an action described in 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-
a national committee of a political party shall file the re-
ports required under subparagraph (B).’’.
SEC. 504. PUBLIC ACCESS TO BROADCASTING RECORDS.
Section 315 of the Communications Act of 1934 (47
U.S.C. 315), as amended by this Act, is amended by 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.’’.
Passed the House of Representatives February 14
(legislative day, February 13), 2002.
Attest:
Clerk.
107TH CONGRESS
2D SESSION
H. R. 2356
AN ACT
To amend the Federal Election Campaign Act of
1971 to provide bipartisan campaign reform.