Text: H.R.2356 — 107th Congress (2001-2002)All Bill Information (Except Text)

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Public Law No: 107-155 (03/27/2002)




[107th Congress Public Law 155]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ155.107]


[[Page 116 STAT. 81]]

Public Law 107-155
107th Congress

                                 An Act


 
To amend the Federal Election Campaign Act of 1971 to provide bipartisan 
        campaign reform. <<NOTE: Mar. 27, 2002 -  [H.R. 2356]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America <<NOTE: Bipartisan Campaign Reform Act of 
2002. 2 USC 431 note.>> in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Bipartisan Campaign 
Reform Act of 2002''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

            TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

Sec. 101. Soft money of political parties.
Sec. 102. Increased contribution limit for State committees of political 
           parties.
Sec. 103. Reporting requirements.

              TITLE II--NONCANDIDATE CAMPAIGN EXPENDITURES

                Subtitle A--Electioneering Communications

Sec. 201. Disclosure of electioneering communications.
Sec. 202. Coordinated communications as contributions.
Sec. 203. Prohibition of corporate and labor disbursements for 
           electioneering 
           communications.
Sec. 204. Rules relating to certain targeted electioneering 
           communications.

          Subtitle B--Independent and Coordinated Expenditures

Sec. 211. Definition of independent expenditure.
Sec. 212. Reporting requirements for certain independent expenditures.
Sec. 213. Independent versus coordinated expenditures by party.
Sec. 214. Coordination with candidates or political parties.

                        TITLE III--MISCELLANEOUS

Sec. 301. Use of contributed amounts for certain purposes.
Sec. 302. Prohibition of fundraising on Federal property.
Sec. 303. Strengthening foreign money ban.
Sec. 304. Modification of individual contribution limits in response to 
           expenditures from personal funds.
Sec. 305. Limitation on availability of lowest unit charge for Federal 
           candidates 
           attacking opposition.
Sec. 306. Software for filing reports and prompt disclosure of 
           contributions.
Sec. 307. Modification of contribution limits.
Sec. 308. Donations to Presidential inaugural committee.
Sec. 309. Prohibition on fraudulent solicitation of funds.
Sec. 310. Study and report on clean money clean elections laws.
Sec. 311. Clarity standards for identification of sponsors of election-
           related advertising.
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.

[[Page 116 STAT. 82]]

Sec. 316. Restriction on increased contribution limits by taking into 
           account 
           candidate's available funds.
Sec. 317. Clarification of right of nationals of the United States to 
           make political contributions.
Sec. 318. Prohibition of contributions by minors.
Sec. 319. Modification of individual contribution limits for House 
           candidates in 
           response to expenditures from personal funds.

                 TITLE IV--SEVERABILITY; EFFECTIVE DATE

Sec. 401. Severability.
Sec. 402. Effective dates and regulations.
Sec. 403. Judicial review.

                TITLE V--ADDITIONAL DISCLOSURE PROVISIONS

Sec. 501. Internet access to records.
Sec. 502. Maintenance of website of election reports.
Sec. 503. Additional disclosure reports.
Sec. 504. Public access to broadcasting records.

            TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

SEC. 101. SOFT MONEY OF POLITICAL PARTIES.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the 
following:

``SEC. 323. <<NOTE: 2 USC 441i.>> SOFT MONEY OF POLITICAL PARTIES.

    ``(a) National Committees.--
            ``(1) In general.--A national committee of a political party 
        (including a national congressional campaign committee of a 
        political party) may not solicit, receive, or direct to another 
        person a contribution, donation, or transfer of funds or any 
        other thing of value, or spend any funds, that are not subject 
        to the limitations, prohibitions, and reporting requirements of 
        this Act.
            ``(2) Applicability.--The prohibition established by 
        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 directly or indirectly established, 
        financed, maintained, or controlled by such a national 
        committee.

    ``(b) State, District, and Local Committees.--
            ``(1) In general.--Except as provided in paragraph (2), an 
        amount that is expended or disbursed for Federal election 
        activity by a State, district, or local committee of a political 
        party (including an entity that is directly or indirectly 
        established, financed, maintained, or controlled by a State, 
        district, or local committee of a political party and an officer 
        or agent acting on behalf of such committee or entity), or by an 
        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 
        reporting requirements of this Act.
            ``(2) Applicability.--
                    ``(A) In general.--Notwithstanding clause (i) or 
                (ii) of section 301(20)(A), and subject to subparagraph 
                (B), paragraph (1) shall not apply to any amount 
                expended or disbursed by a State, district, or local 
                committee of a political party for an activity described 
                in either such

[[Page 116 STAT. 83]]

                clause to the extent the amounts expended or disbursed 
                for such activity are allocated (under regulations 
                prescribed by the Commission) among amounts--
                          ``(i) which consist solely of contributions 
                      subject to the limitations, prohibitions, and 
                      reporting requirements of this Act (other than 
                      amounts described in subparagraph (B)(iii)); and
                          ``(ii) other amounts which are not subject to 
                      the limitations, prohibitions, and reporting 
                      requirements of this Act (other than any 
                      requirements of this subsection).
                    ``(B) Conditions.--Subparagraph (A) shall only apply 
                if--
                          ``(i) the activity does not refer to a clearly 
                      identified candidate for Federal office;
                          ``(ii) the amounts expended or disbursed are 
                      not for the costs of any broadcasting, cable, or 
                      satellite communication, other than a 
                      communication which refers solely to a clearly 
                      identified candidate for State or local office;
                          ``(iii) the amounts expended or disbursed 
                      which are described in subparagraph (A)(ii) are 
                      paid from amounts which are donated in accordance 
                      with State law and which meet the requirements of 
                      subparagraph (C), except that no person (including 
                      any person 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 
                      expenditures or disbursements; and
                          ``(iv) the amounts expended or disbursed are 
                      made solely from funds raised by the State, local, 
                      or district committee which makes such expenditure 
                      or disbursement, and do not include any funds 
                      provided to such committee from--
                                    ``(I) any other State, local, or 
                                district committee of any State party,
                                    ``(II) the national committee of a 
                                political party (including a national 
                                congressional campaign 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 
                                indirectly established, financed, 
                                maintained, or controlled by any 
                                committee described in subclause (I) or 
                                (II).
                    ``(C) Prohibiting involvement of national parties, 
                federal candidates and officeholders, and state parties 
                acting jointly.--Notwithstanding subsection (e) (other 
                than subsection (e)(3)), amounts specifically authorized 
                to be spent under subparagraph (B)(iii) meet the 
                requirements of this subparagraph only if the amounts--
                          ``(i) are not solicited, received, directed, 
                      transferred, or spent by or in the name of any 
                      person described in subsection (a) or (e); and
                          ``(ii) are not solicited, received, or 
                      directed through fundraising activities conducted 
                      jointly by 2 or more State, local, or district 
                      committees of any political party

[[Page 116 STAT. 84]]

                      or their agents, or by a State, local, or district 
                      committee of a political party on behalf of the 
                      State, local, or district committee of a political 
                      party or its agent in one or more other States.

    ``(c) Fundraising Costs.--An amount spent by a person described in 
subsection (a) or (b) to raise funds that are used, in whole or in part, 
for expenditures and disbursements for a Federal election activity shall 
be made from funds subject to the limitations, prohibitions, and 
reporting requirements of this Act.
    ``(d) Tax-Exempt Organizations.--A national, State, district, or 
local committee of a political party (including a national 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 
        determination of tax exempt status under such section) and that 
        makes expenditures or disbursements in connection with an 
        election for Federal office (including expenditures or 
        disbursements for Federal election activity); or
            ``(2) an organization described in section 527 of such Code 
        (other than a political committee, a State, district, or local 
        committee of a political party, or the authorized campaign 
        committee of a candidate for State or local office).

    ``(e) Federal Candidates.--
            ``(1) In general.--A candidate, individual holding Federal 
        office, agent of a candidate or an individual holding Federal 
        office, or an entity directly or indirectly established, 
        financed, maintained or controlled by or acting on behalf of 1 
        or more candidates or individuals holding Federal office, shall 
        not--
                    ``(A) solicit, receive, direct, transfer, or spend 
                funds in connection with an election for Federal office, 
                including funds for any Federal election activity, 
                unless the funds are subject to the limitations, 
                prohibitions, and reporting requirements of this Act; or
                    ``(B) solicit, receive, direct, transfer, or spend 
                funds in connection with any election other than an 
                election for Federal office or disburse funds in 
                connection with such an election unless the funds--
                          ``(i) are not in excess of the amounts 
                      permitted with respect to contributions to 
                      candidates and political committees under 
                      paragraphs (1), (2), and (3) of section 315(a); 
                      and
                          ``(ii) are not from sources prohibited by this 
                      Act from making contributions in connection with 
                      an election for Federal office.
            ``(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

[[Page 116 STAT. 85]]

        or local candidate, or to any other candidate for the State or 
        local office sought by such candidate, or both.
            ``(3) Fundraising events.--Notwithstanding paragraph (1) or 
        subsection (b)(2)(C), a candidate or an individual holding 
        Federal office may attend, speak, or be a featured guest at a 
        fundraising event for a State, district, or local committee of a 
        political party.
            ``(4) Permitting certain solicitations.--
                    ``(A) General solicitations.--Notwithstanding any 
                other provision of this subsection, an individual 
                described in paragraph (1) may make a general 
                solicitation of funds on behalf of any organization that 
                is described in section 501(c) of the Internal Revenue 
                Code of 1986 and exempt from taxation under section 
                501(a) of such Code (or has submitted an application for 
                determination of tax exempt status under such section) 
                (other than an entity whose principal purpose is to 
                conduct activities described in clauses (i) and (ii) of 
                section 301(20)(A)) where such solicitation does not 
                specify how the funds will or should be spent.
                    ``(B) Certain specific solicitations.--In addition 
                to the general solicitations permitted under 
                subparagraph (A), an individual described in paragraph 
                (1) may make a solicitation explicitly to obtain funds 
                for carrying out the activities described in clauses (i) 
                and (ii) of section 301(20)(A), or for an entity whose 
                principal purpose is to conduct such activities, if--
                          ``(i) the solicitation is made only to 
                      individuals; and
                          ``(ii) the amount solicited from any 
                      individual during any calendar year does not 
                      exceed $20,000.

    ``(f) State Candidates.--
            ``(1) In general.--A candidate for State or local office, 
        individual holding State or local office, or an agent of such a 
        candidate or individual may not spend any funds for a 
        communication described in section 301(20)(A)(iii) unless the 
        funds are subject to the limitations, prohibitions, and 
        reporting requirements of this Act.
            ``(2) Exception for certain communications.--Paragraph (1) 
        shall not apply to an individual described in such paragraph if 
        the communication involved is in connection with an election for 
        such State or local office and refers only to such individual or 
        to any other candidate for the State or local office held or 
        sought by such individual, or both.''.

    (b) Definitions.--Section 301 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 431) is amended by adding at the end thereof the 
following:
            ``(20) Federal election activity.--
                    ``(A) In general.--The term `Federal election 
                activity' means--
                          ``(i) voter registration activity during the 
                      period that begins on the date that is 120 days 
                      before the date a regularly scheduled Federal 
                      election is held and ends on the date of the 
                      election;
                          ``(ii) voter identification, get-out-the-vote 
                      activity, or generic campaign activity conducted 
                      in connection with an election in which a 
                      candidate for Federal office

[[Page 116 STAT. 86]]

                      appears on the ballot (regardless of whether a 
                      candidate for State or local office also appears 
                      on the ballot);
                          ``(iii) a public communication that refers 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 
                      office (regardless of whether the communication 
                      expressly advocates a vote for or against a 
                      candidate); or
                          ``(iv) services provided during any month by 
                      an employee of a State, district, or local 
                      committee of a political party who spends more 
                      than 25 percent of that individual's compensated 
                      time during that month on activities in connection 
                      with a Federal election.
                    ``(B) Excluded activity.--The term `Federal election 
                activity' does not include an amount expended or 
                disbursed by a State, district, or local committee of a 
                political party for--
                          ``(i) a public communication that refers 
                      solely to a clearly identified candidate for State 
                      or local office, if the communication is not a 
                      Federal election activity described in 
                      subparagraph (A)(i) or (ii);
                          ``(ii) a contribution to a candidate for State 
                      or local office, provided the contribution is not 
                      designated to pay for a Federal election activity 
                      described in subparagraph (A);
                          ``(iii) the costs of a State, district, or 
                      local political convention; and
                          ``(iv) the costs of grassroots campaign 
                      materials, including buttons, bumper stickers, and 
                      yard signs, that name or depict only a candidate 
                      for State or local office.
            ``(21) Generic campaign activity.--The term `generic 
        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 communication, newspaper, magazine, outdoor 
        advertising facility, mass mailing, or telephone bank to the 
        general public, or any other form of general public political 
        advertising.
            ``(23) Mass mailing.--The term `mass mailing' means a 
        mailing by United States mail or facsimile of more than 500 
        pieces of mail matter of an identical or substantially similar 
        nature within any 30-day period.
            ``(24) Telephone bank.--The term `telephone bank' means more 
        than 500 telephone calls of an identical or substantially 
        similar nature within any 30-day period.''.

SEC. 102. INCREASED CONTRIBUTION LIMIT FOR STATE COMMITTEES OF POLITICAL 
            PARTIES.

    Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441a(a)(1)) is amended--

[[Page 116 STAT. 87]]

            (1) in subparagraph (B), by striking ``or'' at the end;
            (2) in subparagraph (C)--
                    (A) by inserting ``(other than a committee described 
                in subparagraph (D))'' after ``committee''; and
                    (B) by striking the period at the end and inserting 
                ``; or''; and
            (3) by adding at the end the following:
            ``(D) to a political committee established and maintained by 
        a State committee of a political party in any calendar year 
        which, in the aggregate, exceed $10,000.''.

SEC. 103. REPORTING REQUIREMENTS.

    (a) Reporting Requirements.--Section 304 of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the 
following:
    ``(e) Political Committees.--
            ``(1) National and congressional political 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 
        disbursements during the reporting period.
            ``(2) Other political committees to which section 323 
        applies.--
                    ``(A) In general.--In addition to any other 
                reporting requirements applicable under this Act, a 
                political committee (not described in paragraph (1)) to 
                which section 323(b)(1) applies shall report all 
                receipts and disbursements made for activities described 
                in section 301(20)(A), unless the aggregate amount of 
                such receipts and disbursements during the calendar year 
                is less than $5,000.
                    ``(B) Specific disclosure by state and local parties 
                of certain non-federal amounts permitted to be spent on 
                federal election activity.--Each report by a political 
                committee under subparagraph (A) of receipts and 
                disbursements made for activities described in section 
                301(20)(A) shall include a disclosure of all receipts 
                and disbursements described in section 323(b)(2)(A) and 
                (B).
            ``(3) Itemization.--If a political committee has receipts or 
        disbursements to which this subsection applies from or to any 
        person aggregating in excess of $200 for any calendar year, the 
        political committee shall separately itemize its reporting for 
        such person in the same manner as required in paragraphs (3)(A), 
        (5), and (6) of subsection (b).
            ``(4) Reporting periods.--Reports required to be filed under 
        this subsection shall be filed for the same time periods 
        required for political committees under subsection (a)(4)(B).''.

    (b) Building Fund Exception to the Definition of Contribution.--
            (1) In general.--Section 301(8)(B) of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended--
                    (A) by striking clause (viii); and
                    (B) by redesignating clauses (ix) through (xv) as 
                clauses (viii) through (xiv), respectively.
            (2) Nonpreemption of state law.--Section 403 of such Act (2 
        U.S.C. 453) is amended--

[[Page 116 STAT. 88]]

                    (A) by striking ``The provisions of this Act'' and 
                inserting ``(a) In General.--Subject to subsection (b), 
                the provisions of this Act''; and
                    (B) by adding at the end the following:

    ``(b) State and Local Committees of Political Parties.--
Notwithstanding any other provision of this Act, a State or local 
committee of a political party may, subject to State law, use 
exclusively funds that are not subject to the prohibitions, limitations, 
and reporting requirements of the Act for the purchase or construction 
of an office building for such State or local committee.''.

              TITLE II--NONCANDIDATE CAMPAIGN EXPENDITURES

                Subtitle A--Electioneering Communications

SEC. 201. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.

    (a) In General.--Section 304 of the Federal Election Campaign Act of 
1971 (2 U.S.C. 434), as amended by section 103, is amended by adding at 
the end the following new subsection:
    ``(f) Disclosure of Electioneering Communications.--
            ``(1) Statement required.--Every person who makes a 
        disbursement for the direct costs of producing and airing 
        electioneering communications in an aggregate amount in excess 
        of $10,000 during any calendar year shall, within 24 hours of 
        each disclosure date, file with the Commission a statement 
        containing the information described in paragraph (2).
            ``(2) Contents of statement.--Each statement required to be 
        filed under this subsection shall be made under penalty of 
        perjury and shall contain the following information:
                    ``(A) The identification of the person making the 
                disbursement, of any person sharing or exercising 
                direction or control over the activities of such person, 
                and of the custodian of the books and accounts of the 
                person making the disbursement.
                    ``(B) The principal place of business of the person 
                making the disbursement, if not an individual.
                    ``(C) The amount of each disbursement of more than 
                $200 during the period covered by the statement and the 
                identification of the person to whom the disbursement 
                was made.
                    ``(D) The elections to which the electioneering 
                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 101(a)(20) of the 
                Immigration and Nationality Act (8 U.S.C. 1101(a)(20))) 
                directly to this account for electioneering 
                communications, the names and addresses of all 
                contributors who contributed an aggregate amount of 
                $1,000 or more to that account during the period 
                beginning on the first day of the preceding calendar 
                year and

[[Page 116 STAT. 89]]

                ending on the disclosure date. Nothing in this 
                subparagraph is to be construed as a prohibition on the 
                use of funds in such a segregated account for a purpose 
                other than electioneering communications.
                    ``(F) If the disbursements were paid out of funds 
                not described in subparagraph (E), the names and 
                addresses of all contributors who contributed an 
                aggregate amount of $1,000 or more to the person making 
                the disbursement during the period beginning on the 
                first day of the preceding calendar year and ending on 
                the disclosure date.
            ``(3) Electioneering communication.--For purposes of this 
        subsection--
                    ``(A) In general.--(i) The term `electioneering 
                communication' means any broadcast, cable, or satellite 
                communication which--
                          ``(I) refers to a clearly identified candidate 
                      for Federal office;
                          ``(II) is made within--
                                    ``(aa) 60 days before a general, 
                                special, or runoff election for the 
                                office sought by the candidate; or
                                    ``(bb) 30 days before a primary or 
                                preference election, or a convention or 
                                caucus of a political party that has 
                                authority to nominate a candidate, for 
                                the office sought by the candidate; and
                          ``(III) in the case of a communication which 
                      refers to a candidate for an office other than 
                      President or Vice President, is targeted to the 
                      relevant electorate.
                    ``(ii) If clause (i) is held to be constitutionally 
                insufficient by final judicial decision to support the 
                regulation provided herein, then the term 
                `electioneering communication' means any broadcast, 
                cable, or satellite communication which promotes or 
                supports a candidate for that office, or attacks or 
                opposes a candidate for that office (regardless of 
                whether the communication expressly advocates a vote for 
                or against a candidate) and which also is suggestive of 
                no plausible meaning other than an exhortation to vote 
                for or against a specific candidate. Nothing in this 
                subparagraph shall be construed to affect the 
                interpretation or application of section 100.22(b) of 
                title 11, Code of Federal Regulations.
                    ``(B) Exceptions.--The term `electioneering 
                communication' does not include--
                          ``(i) a communication appearing in a news 
                      story, commentary, or editorial distributed 
                      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 constitutes an 
                      expenditure or an independent expenditure under 
                      this Act;
                          ``(iii) a communication which constitutes a 
                      candidate debate or forum conducted 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 
                      debate or forum; or

[[Page 116 STAT. 90]]

                          ``(iv) any other communication exempted under 
                      such regulations as the Commission may promulgate 
                      (consistent with the requirements of this 
                      paragraph) to ensure the appropriate 
                      implementation of this 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 section 
                      301(20)(A)(iii).
                    ``(C) Targeting to relevant electorate.--For 
                purposes of this paragraph, a communication which refers 
                to a clearly identified 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 electioneering 
                communications aggregating in excess of $10,000; and
                    ``(B) any other date during such calendar year by 
                which a person has made disbursements for the direct 
                costs of producing or airing electioneering 
                communications aggregating in excess 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 having made a 
        disbursement if the person has executed a contract to make the 
        disbursement.
            ``(6) Coordination with other requirements.--Any requirement 
        to report under this subsection shall be in addition to any 
        other reporting requirement under this Act.
            ``(7) Coordination with internal revenue code.--Nothing in 
        this subsection may be construed to establish, modify, or 
        otherwise affect the definition of political activities or 
        electioneering activities (including the definition of 
        participating in, intervening 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 <<NOTE: 2 USC 434 note.>> of Federal 
Communications Commission.--The Federal Communications Commission shall 
compile and maintain any information the Federal Election Commission may 
require to carry out section 304(f) of the Federal Election Campaign Act 
of 1971 (as added by subsection (a)), and shall make such information 
available to the public on the Federal Communication Commission's 
website.

SEC. 202. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.

    Section 315(a)(7) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441a(a)(7)) is amended--

[[Page 116 STAT. 91]]

            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following:
            ``(C) if--
                    ``(i) any person makes, or contracts to make, any 
                disbursement for any electioneering communication 
                (within the meaning of section 304(f)(3)); and
                    ``(ii) such disbursement is coordinated with a 
                candidate or an authorized committee of such candidate, 
                a Federal, State, or local political party or committee 
                thereof, or an agent or official of any such candidate, 
                party, or committee;
        such disbursement or contracting shall be treated as a 
        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 DISBURSEMENTS FOR 
            ELECTIONEERING COMMUNICATIONS.

    (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 Communication.--Section 316 of such 
Act is amended by adding at the end the following:
    ``(c) Rules Relating to Electioneering Communications.--
            ``(1) Applicable electioneering communication.--For purposes 
        of this section, the term `applicable electioneering 
        communication' means an electioneering communication (within the 
        meaning of section 304(f)(3)) which is made by any entity 
        described in subsection (a) of this section or by any other 
        person using funds donated by an entity described in subsection 
        (a) of this section.
            ``(2) Exception.--Notwithstanding paragraph (1), the term 
        `applicable electioneering communication' does not include a 
        communication by a section 501(c)(4) organization or a political 
        organization (as defined in section 527(e)(1) of the Internal 
        Revenue Code of 1986) made under section 304(f)(2)(E) or (F) of 
        this Act if the communication is paid for exclusively by funds 
        provided directly by individuals who are United States citizens 
        or nationals or lawfully admitted for permanent residence (as 
        defined in section 101(a)(20) of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(20))). For purposes of the preceding 
        sentence, the term `provided directly by individuals' does not 
        include funds the source of which is an entity described in 
        subsection (a) of this section.
            ``(3) Special operating rules.--
                    ``(A) Definition under paragraph (1).--An 
                electioneering communication shall be treated as made by 
                an entity described in subsection (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 derives amounts from 
                business activities or receives funds from any entity 
                described in subsection (a) shall be considered to have 
                paid for any communication out of such amounts unless 
                such organization paid for the communication out of a 
                segregated account

[[Page 116 STAT. 92]]

                to which only individuals can contribute, as described 
                in section 304(f)(2)(E).
            ``(4) Definitions and rules.--For purposes of this 
        subsection--
                    ``(A) the term `section 501(c)(4) organization' 
                means--
                          ``(i) an organization described in section 
                      501(c)(4) of the Internal Revenue Code of 1986 and 
                      exempt from taxation under section 501(a) of such 
                      Code; or
                          ``(ii) an organization which has submitted an 
                      application to the Internal Revenue Service for 
                      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 construed to authorize an organization 
        exempt from taxation under section 501(a) of the Internal 
        Revenue Code of 1986 to carry out any activity which is 
        prohibited under such Code.''.

SEC. 204. RULES RELATING TO CERTAIN TARGETED ELECTIONEERING 
            COMMUNICATIONS.

    Section 316(c) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441b), as added by section 203, is amended by adding at the end 
the following:
            ``(6) Special rules for targeted communications.--
                    ``(A) Exception does not apply.--Paragraph (2) shall 
                not apply in the case of a targeted communication that 
                is made by an organization described in such paragraph.
                    ``(B) Targeted communication.--For purposes of 
                subparagraph (A), the term `targeted communication' 
                means an electioneering communication (as defined in 
                section 304(f)(3)) that is distributed from a television 
                or radio broadcast station or provider of cable or 
                satellite television service and, in the case of a 
                communication which refers to a candidate for an office 
                other than President or Vice President, is targeted to 
                the relevant electorate.
                    ``(C) Definition.--For purposes of this paragraph, a 
                communication is `targeted to the relevant electorate' 
                if it meets the requirements described in section 
                304(f)(3)(C).''.

          Subtitle B--Independent and Coordinated Expenditures

SEC. 211. DEFINITION OF INDEPENDENT EXPENDITURE.

    Section 301 of the Federal Election Campaign Act (2 U.S.C. 431) is 
amended by striking paragraph (17) and inserting the following:
            ``(17) Independent expenditure.--The term `independent 
        expenditure' means an expenditure by a person--
                    ``(A) expressly advocating the election or defeat of 
                a clearly identified candidate; and
                    ``(B) that is not made in concert or cooperation 
                with or at the request or suggestion of such candidate, 
                the

[[Page 116 STAT. 93]]

                candidate's authorized political committee, or their 
                agents, or a political party committee or its agents.''.

SEC. 212. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT EXPENDITURES.

    (a) In General.--Section 304 of the Federal Election Campaign Act of 
1971 (2 U.S.C. 434) (as amended by section 201) is amended--
            (1) in subsection (c)(2), by striking the undesignated 
        matter after subparagraph (C); and
            (2) by adding at the end the following:

    ``(g) Time for Reporting Certain Expenditures.--
            ``(1) Expenditures aggregating $1,000.--
                    ``(A) Initial report.--A person (including a 
                political committee) that makes or contracts to make 
                independent expenditures aggregating $1,000 or more 
                after the 20th day, but more than 24 hours, before the 
                date of an election shall file a report describing the 
                expenditures within 24 hours.
                    ``(B) Additional reports.--After a person files a 
                report under subparagraph (A), the person shall file an 
                additional report within 24 hours after each time the 
                person makes or contracts to make independent 
                expenditures aggregating an additional $1,000 with 
                respect to the same election as that to which the 
                initial report relates.
            ``(2) Expenditures aggregating $10,000.--
                    ``(A) Initial report.--A person (including a 
                political committee) that makes or contracts to make 
                independent expenditures aggregating $10,000 or more at 
                any time up to and including the 20th day before the 
                date of an election shall file a report describing the 
                expenditures within 48 hours.
                    ``(B) Additional reports.--After a person files a 
                report under subparagraph (A), the person shall file an 
                additional report within 48 hours after each time the 
                person makes or contracts to make independent 
                expenditures aggregating an additional $10,000 with 
                respect to the same election as that to which the 
                initial report relates.
            ``(3) Place of filing; contents.--A report under this 
        subsection--
                    ``(A) shall be filed with the Commission; and
                    ``(B) shall contain the information required by 
                subsection (b)(6)(B)(iii), including the name of each 
                candidate whom an expenditure is intended to support or 
                oppose.''.

    (b) Time of Filing of Certain Statements.--
            (1) In general.--Section 304(g) of such Act, as added by 
        subsection (a), is amended by adding at the end the following:
            ``(4) Time of filing for expenditures aggregating $1,000.--
        Notwithstanding subsection (a)(5), the time at which the 
        statement under paragraph (1) is received by the Commission or 
        any other recipient to whom the notification is required to be 
        sent shall be considered the time of filing of the statement 
        with the recipient.''.
            (2) Conforming amendments.--(A) Section 304(a)(5) of such 
        Act (2 U.S.C. 434(a)(5)) is amended by striking ``the second 
        sentence of subsection (c)(2)'' and inserting ``subsection 
        (g)(1)''.

[[Page 116 STAT. 94]]

            (B) Section 304(d)(1) of such Act (2 U.S.C. 434(d)(1)) is 
        amended by inserting ``or (g)'' after ``subsection (c)''.

SEC. 213. INDEPENDENT VERSUS COORDINATED EXPENDITURES BY PARTY.

    Section 315(d) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441a(d)) is amended--
            (1) in paragraph (1), by striking ``and (3)'' and inserting 
        ``, (3), and (4)''; and
            (2) by adding at the end the following:
            ``(4) Independent versus coordinated expenditures by 
        party.--
                    ``(A) In general.--On or after the date on which a 
                political party nominates a candidate, no committee of 
                the political party may make--
                          ``(i) any coordinated expenditure under this 
                      subsection with respect to the candidate during 
                      the election cycle at any time after it makes any 
                      independent expenditure (as defined in section 
                      301(17)) with respect to the candidate during the 
                      election cycle; or
                          ``(ii) any independent expenditure (as defined 
                      in section 301(17)) with respect to the candidate 
                      during the election cycle at any time after it 
                      makes any coordinated expenditure under this 
                      subsection with respect to the candidate during 
                      the election cycle.
                    ``(B) Application.--For purposes of this paragraph, 
                all political committees established and maintained by a 
                national political party (including all congressional 
                campaign committees) and all political committees 
                established and maintained by a State political party 
                (including any subordinate committee of a State 
                committee) shall be considered to be a single political 
                committee.
                    ``(C) Transfers.--A committee of a political party 
                that makes coordinated expenditures under this 
                subsection with respect to a candidate shall not, during 
                an election cycle, transfer any funds to, assign 
                authority to make coordinated expenditures under this 
                subsection to, or receive a transfer of funds from, a 
                committee of the political party that has made or 
                intends to make an independent expenditure with respect 
                to the candidate.''.

SEC. 214. COORDINATION WITH CANDIDATES OR POLITICAL PARTIES.

    (a) In General.--Section 315(a)(7)(B) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 441a(a)(7)(B)) is amended--
            (1) by redesignating clause (ii) as clause (iii); and
            (2) by inserting after clause (i) the following new clause:
            ``(ii) expenditures made by any person (other than a 
        candidate or candidate's authorized committee) in cooperation, 
        consultation, or concert with, or at the request or suggestion 
        of, a national, State, or local committee of a political party, 
        shall be considered to be contributions made to such party 
        committee; and''.

    (b) Repeal of Current Regulations.--The regulations on coordinated 
communications paid for by persons other than candidates, authorized 
committees of candidates, and party committees adopted by the Federal 
Election Commission and published in the Federal Register at page 76138 
of volume 65, Federal Register, on December 6, 2000, are repealed as of 
the date by which the

[[Page 116 STAT. 95]]

Commission is required to promulgate new regulations under subsection 
(c) (as described in section 402(c)(1)).
    (c) Regulations <<NOTE: 2 USC 441a note.>> by the Federal Election 
Commission.--The Federal Election Commission shall promulgate new 
regulations on coordinated communications paid for by persons other than 
candidates, authorized committees of candidates, and party committees. 
The regulations shall not require agreement or formal collaboration to 
establish coordination. In addition to any subject determined by the 
Commission, the regulations shall address--
            (1) payments for the republication of campaign materials;
            (2) payments for the use of a common vendor;
            (3) payments for communications directed or made by persons 
        who previously served as an employee of a candidate or a 
        political party; and
            (4) payments for communications made by a person after 
        substantial discussion about the communication with a candidate 
        or a political party.

    (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. <<NOTE: 2 USC 439a.>> USE OF CONTRIBUTED AMOUNTS FOR CERTAIN 
            PURPOSES.

    ``(a) Permitted Uses.--A contribution accepted by a candidate, and 
any other donation received by an individual as support for activities 
of the individual as a holder of Federal office, may be used by the 
candidate or individual--
            ``(1) for otherwise authorized expenditures in connection 
        with the campaign for Federal office of the candidate or 
        individual;
            ``(2) for ordinary and necessary expenses incurred in 
        connection with duties of the individual as a holder of Federal 
        office;
            ``(3) for contributions to an organization described in 
        section 170(c) of the Internal Revenue Code of 1986; or
            ``(4) for transfers, without limitation, to a national, 
        State, or local committee of a political party.

    ``(b) Prohibited Use.--
            ``(1) In general.--A contribution or donation described in 
        subsection (a) shall not be converted by any person to personal 
        use.
            ``(2) Conversion.--For the purposes of paragraph (1), a 
        contribution or donation shall be considered to be converted to 
        personal use if the contribution or amount is used to fulfill 
        any commitment, obligation, or expense of a person that would 
        exist irrespective of the candidate's election campaign or 
        individual's duties as a holder of Federal office, including--
                    ``(A) a home mortgage, rent, or utility payment;
                    ``(B) a clothing purchase;

[[Page 116 STAT. 96]]

                    ``(C) a noncampaign-related automobile expense;
                    ``(D) a country club membership;
                    ``(E) a vacation or other noncampaign-related trip;
                    ``(F) a household food item;
                    ``(G) a tuition payment;
                    ``(H) admission to a sporting event, concert, 
                theater, or other form of entertainment not associated 
                with an election campaign; and
                    ``(I) dues, fees, and other payments to a health 
                club or recreational facility.''.

SEC. 302. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.

    Section 607 of title 18, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:

    ``(a) Prohibition.--
            ``(1) In general.--It shall be unlawful for any person to 
        solicit or receive a donation of money or other thing of value 
        in connection with a Federal, State, or local election from a 
        person who is located in a room or building occupied in the 
        discharge of official duties by an officer or employee of the 
        United States. It shall be unlawful for an individual who is an 
        officer or employee of the Federal Government, including the 
        President, Vice President, and Members of Congress, to solicit 
        or receive a donation of money or other thing of value in 
        connection with a Federal, State, or local election, while in 
        any room or building occupied in the discharge of official 
        duties by an officer or employee of the United States, from any 
        person.
            ``(2) Penalty.--A person who violates this section shall be 
        fined not more than $5,000, imprisoned not more than 3 years, or 
        both.''; and
            (2) in subsection (b), by inserting ``or Executive Office of 
        the President'' after ``Congress''.

SEC. 303. STRENGTHENING FOREIGN MONEY BAN.

    Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441e) is amended--
            (1) by striking the heading and inserting the following: 
        ``contributions and donations by foreign nationals''; and
            (2) by striking subsection (a) and inserting the following:

    ``(a) Prohibition.--It shall be unlawful for--
            ``(1) a foreign national, directly or indirectly, to make--
                    ``(A) a contribution or donation of money or other 
                thing of value, or to make an express or implied promise 
                to make a contribution or donation, in connection with a 
                Federal, State, or local election;
                    ``(B) a contribution or donation to a committee of a 
                political party; or
                    ``(C) an expenditure, independent expenditure, or 
                disbursement for an electioneering communication (within 
                the meaning of section 304(f)(3)); or
            ``(2) a person to solicit, accept, or receive a contribution 
        or donation described in subparagraph (A) or (B) of paragraph 
        (1) from a foreign national.''.

[[Page 116 STAT. 97]]

SEC. 304. MODIFICATION OF INDIVIDUAL CONTRIBUTION LIMITS IN RESPONSE TO 
            EXPENDITURES FROM PERSONAL FUNDS.

    (a) Increased Limits for Individuals.--Section 315 of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 441a) is amended--
            (1) in subsection (a)(1), by striking ``No person'' and 
        inserting ``Except as provided in subsection (i), no person''; 
        and
            (2) by adding at the end the following:

    ``(i) Increased Limit To Allow Response to Expenditures From 
Personal Funds.--
            ``(1) Increase.--
                    ``(A) In general.--Subject to paragraph (2), if the 
                opposition personal funds amount with respect to a 
                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 increased limit.
                    ``(B) Threshold amount.--
                          ``(i) State-by-state competitive and fair 
                      campaign formula.--In this subsection, the 
                      threshold amount with respect to an election cycle 
                      of a candidate described in subparagraph (A) is an 
                      amount equal to the sum of--
                                    ``(I) $150,000; and
                                    ``(II) $0.04 multiplied by the 
                                voting age population.
                          ``(ii) Voting age population.--In this 
                      subparagraph, the term `voting age population' 
                      means in the case of a candidate for the office of 
                      Senator, the voting age population of the State of 
                      the candidate (as certified under section 315(e)).
                    ``(C) Increased limit.--Except as provided in clause 
                (ii), for purposes of subparagraph (A), if the 
                opposition personal funds amount is over--
                          ``(i) 2 times the threshold amount, but not 
                      over 4 times that amount--
                                    ``(I) the increased limit shall be 3 
                                times the applicable limit; and
                                    ``(II) the limit under subsection 
                                (a)(3) shall not apply with respect to 
                                any contribution made with respect to a 
                                candidate if such contribution is made 
                                under the increased limit of 
                                subparagraph (A) during a period in 
                                which the candidate may accept such a 
                                contribution;
                          ``(ii) 4 times the threshold amount, but not 
                      over 10 times that amount--
                                    ``(I) the increased limit shall be 6 
                                times the applicable limit; and
                                    ``(II) the limit under subsection 
                                (a)(3) shall not apply with respect to 
                                any contribution made with respect to a 
                                candidate if such contribution is made 
                                under the increased limit of 
                                subparagraph (A) during a period in 
                                which the candidate may accept such a 
                                contribution; and
                          ``(iii) 10 times the threshold amount--

[[Page 116 STAT. 98]]

                                    ``(I) the increased limit shall be 6 
                                times the applicable limit;
                                    ``(II) the limit under subsection 
                                (a)(3) shall not apply with respect to 
                                any contribution made with respect to a 
                                candidate if such contribution is made 
                                under the increased limit of 
                                subparagraph (A) during a period in 
                                which the candidate may accept such a 
                                contribution; and
                                    ``(III) the limits under subsection 
                                (d) with respect to any expenditure by a 
                                State or national committee of a 
                                political party shall not apply.
                    ``(D) Opposition personal funds amount.--The 
                opposition personal funds amount is an amount equal to 
                the excess (if any) of--
                          ``(i) the greatest aggregate amount of 
                      expenditures from personal funds (as defined in 
                      section 304(a)(6)(B)) that an opposing candidate 
                      in the same election makes; over
                          ``(ii) the aggregate amount of expenditures 
                      from personal funds made by the candidate with 
                      respect to the election.
            ``(2) Time to accept contributions under increased limit.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                candidate and the candidate's authorized committee shall 
                not accept any contribution, and a party committee shall 
                not make any expenditure, under the increased limit 
                under paragraph (1)--
                          ``(i) until the candidate has received 
                      notification of the opposition personal funds 
                      amount under section 304(a)(6)(B); and
                          ``(ii) to the extent that such contribution, 
                      when added to the aggregate amount of 
                      contributions 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 opposing 
                candidate.--A candidate and a candidate'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 <<NOTE: Deadline.>> general.--The aggregate 
                amount of contributions accepted by a candidate or a 
                candidate's authorized committee under the increased 
                limit under paragraph (1) and not otherwise expended in 
                connection with the election with respect to which such 
                contributions relate shall, not later than 50 days after 
                the date of such election, be used in the manner 
                described in subparagraph (B).
                    ``(B) Return to contributors.--A candidate or a 
                candidate's authorized committee shall return the excess 
                contribution to the person who made the contribution.

    ``(j) Limitation on Repayment of Personal Loans.--Any candidate who 
incurs personal loans made after the effective date

[[Page 116 STAT. 99]]

of the Bipartisan Campaign Reform Act of 2002 in connection with the 
candidate's campaign for election shall not repay (directly or 
indirectly), to the extent such loans exceed $250,000, such loans from 
any contributions made to such candidate or any authorized committee of 
such candidate after the date of such election.''.
    (b) Notification of Expenditures From Personal Funds.--Section 
304(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
434(a)(6)) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (E); 
        and
            (2) by inserting after subparagraph (A) the following:

    ``(B) Notification of expenditure from personal funds.--
            ``(i) Definition of expenditure from personal funds.--In 
        this subparagraph, the term `expenditure from personal funds' 
        means--
                    ``(I) an expenditure made by a candidate using 
                personal funds; and
                    ``(II) a contribution or loan made by a candidate 
                using personal funds or a loan secured using such funds 
                to the candidate's authorized committee.
            ``(ii) Declaration <<NOTE: Deadline.>> of intent.--Not later 
        than the date that is 15 days after the date on which an 
        individual becomes a candidate for the office of Senator, the 
        candidate shall file a declaration stating the total amount of 
        expenditures from personal funds that the candidate intends to 
        make, or to 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 <<NOTE: Deadline.>> notification.--Not later 
        than 24 hours after a candidate described in clause (ii) makes 
        or obligates to make an aggregate amount of expenditures from 
        personal funds in excess of 2 times the threshold amount in 
        connection with any election, the candidate shall file a 
        notification with--
                    ``(I) the Commission; and
                    ``(II) each candidate in the same election.
            ``(iv) Additional notification.--After a candidate files an 
        initial notification under clause (iii), the candidate shall 
        file an additional notification each time expenditures from 
        personal funds are made or obligated to be made in an aggregate 
        amount that exceed $10,000 with--
                    ``(I) the Commission; and
                    ``(II) each candidate in the same election.
        Such <<NOTE: Deadline.>> notification shall be filed not later 
        than 24 hours after the expenditure is made.
            ``(v) Contents.--A notification under clause (iii) or (iv) 
        shall include--
                    ``(I) the name of the candidate and the office 
                sought by the candidate;
                    ``(II) the date and amount of each expenditure; and
                    ``(III) the total amount of expenditures from 
                personal funds that the candidate has made, or obligated 
                to make, with respect to an election as of the date of 
                the expenditure that is the subject of the notification.

    ``(C) Notification of disposal of excess contributions.--In the next 
regularly scheduled report after the date of the election

[[Page 116 STAT. 100]]

for which a candidate seeks nomination for election to, or election to, 
Federal office, the candidate or the candidate's authorized committee 
shall submit to the 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 committee 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 Election Campaign Act 
of 1971 (2 U.S.C. 431), as amended by section 101(b), is further amended 
by adding at the end the following:
            ``(25) Election cycle.--For purposes of sections 315(i) and 
        315A and paragraph (26), the term `election cycle' means the 
        period beginning on the day after the date of the most recent 
        election for the specific office or seat that a candidate is 
        seeking and ending on the date of the next election for that 
        office or seat. For purposes of the preceding sentence, a 
        primary election and a general election shall be considered to 
        be 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 election 
                cycle of the candidate, including--
                          ``(i) a salary and other earned income from 
                      bona fide employment;
                          ``(ii) dividends and proceeds from the sale of 
                      the candidate's stocks or other investments;
                          ``(iii) bequests to the candidate;
                          ``(iv) income from trusts established before 
                      the beginning of the election cycle;
                          ``(v) income from trusts established by 
                      bequest after the beginning of the election cycle 
                      of which the candidate is the beneficiary;
                          ``(vi) gifts of a personal nature that had 
                      been 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 instrument 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. LIMITATION ON AVAILABILITY OF LOWEST UNIT CHARGE FOR FEDERAL 
            CANDIDATES ATTACKING OPPOSITION.

    (a) In General.--Section 315(b) of the Communications Act of 1934 
(47 U.S.C. 315(b)) is amended--
            (1) by striking ``(b) The charges'' and inserting the 
        following:

[[Page 116 STAT. 101]]

    ``(b) Charges.--
            ``(1) In general.--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) Content of broadcasts.--
                    ``(A) In general.--In the case of a candidate for 
                Federal office, such candidate shall not be entitled to 
                receive the rate under paragraph (1)(A) for the use of 
                any broadcasting station unless the candidate provides 
                written certification to the broadcast station that the 
                candidate (and any authorized committee of the 
                candidate) shall not make any direct reference to 
                another candidate for the same office, in any broadcast 
                using the rights and conditions of access under this 
                Act, unless such reference meets the requirements of 
                subparagraph (C) or (D).
                    ``(B) Limitation on charges.--If a candidate for 
                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 subparagraph (C) or (D), such candidate shall not be 
                entitled to receive the rate under paragraph (1)(A) for 
                such broadcast or any other broadcast during any portion 
                of the 45-day and 60-day periods described in paragraph 
                (1)(A), that occur on or after the date of such 
                broadcast, for election to such office.
                    ``(C) Television broadcasts.--A candidate meets the 
                requirements of this subparagraph if, in the case of a 
                television broadcast, at the end of such broadcast there 
                appears simultaneously, for a period no less than 4 
                seconds--
                          ``(i) a clearly identifiable photographic or 
                      similar image of the candidate; and
                          ``(ii) a clearly readable printed statement, 
                      identifying the candidate and stating that the 
                      candidate has approved the broadcast and that the 
                      candidate's authorized committee paid for the 
                      broadcast.
                    ``(D) Radio broadcasts.--A candidate meets the 
                requirements of this subparagraph if, in the case of a 
                radio broadcast, the broadcast includes a personal audio 
                statement by the candidate that identifies the 
                candidate, the office the candidate is seeking, and 
                indicates that the candidate has approved the broadcast.
                    ``(E) Certification.--Certifications under this 
                section shall be provided and certified as accurate by 
                the candidate (or any authorized committee of the 
                candidate) at the time of purchase.
                    ``(F) Definitions.--For purposes of this paragraph, 
                the terms `authorized committee' and `Federal office' 
                have the meanings given such terms by section 301 of the 
                Federal Election Campaign Act of 1971 (2 U.S.C. 431).''.

    (b) Conforming Amendment.--Section 315(b)(1)(A) of the 
Communications Act of 1934 (47 U.S.C. 315(b)(1)(A)), as amended by this 
Act, is amended by inserting ``subject to paragraph (2),'' before 
``during the forty-five days''.

[[Page 116 STAT. 102]]

    (c) Effective <<NOTE: 47 USC 315 note.>> Date.--The amendments made 
by this section shall apply to broadcasts made after the effective date 
of this Act.

SEC. 306. SOFTWARE FOR FILING REPORTS AND PROMPT DISCLOSURE OF 
            CONTRIBUTIONS.

    Section 304(a) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 434(a)) is amended by adding at the end the following:
            ``(12) Software for filing of reports.--
                    ``(A) In general.--The Commission shall--
                          ``(i) promulgate standards to be used by 
                      vendors to develop software that--
                                    ``(I) permits candidates to easily 
                                record information concerning receipts 
                                and disbursements required to be 
                                reported under this Act at the time of 
                                the receipt or disbursement;
                                    ``(II) allows the information 
                                recorded under subclause (I) to be 
                                transmitted immediately to the 
                                Commission; and
                                    ``(III) allows the Commission to 
                                post the information on the Internet 
                                immediately upon receipt; and
                          ``(ii) make a copy of software that meets the 
                      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 designation, statement, or report required 
                under this Act in electronic form.
                    ``(C) Required use.--Notwithstanding any provision 
                of this Act relating to times for filing reports, each 
                candidate for Federal office (or that candidate's 
                authorized committee) shall use software that meets the 
                standards promulgated under this paragraph once such 
                software is made available to such candidate.
                    ``(D) Required posting.--The Commission shall, as 
                soon as practicable, post on the Internet any 
                information received under this paragraph.''.

SEC. 307. MODIFICATION OF CONTRIBUTION LIMITS.

    (a) Increase in Individual Limits for Certain Contributions.--
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441a(a)(1)) is amended--
            (1) in subparagraph (A), by striking ``$1,000'' and 
        inserting ``$2,000''; and
            (2) in subparagraph (B), by striking ``$20,000'' and 
        inserting ``$25,000''.

    (b) Increase in Annual Aggregate Limit on Individual 
Contributions.--Section 315(a)(3) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 441a(a)(3)) is amended to read as follows:
    ``(3) During the period which begins on January 1 of an odd-numbered 
year and ends on December 31 of the next even-numbered year, no 
individual may make contributions aggregating more than--

[[Page 116 STAT. 103]]

            ``(A) $37,500, in the case of contributions to candidates 
        and the authorized committees of candidates;
            ``(B) $57,500, in the case of any other contributions, of 
        which not more than $37,500 may be attributable to contributions 
        to political committees which are not political committees of 
        national political parties.''.

    (c) Increase in Senatorial Campaign Committee Limit.--Section 315(h) 
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(h)) is 
amended by striking ``$17,500'' and inserting ``$35,000''.
    (d) Indexing of Contribution Limits.--Section 315(c) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking the second and third sentences;
                    (B) by inserting ``(A)'' before ``At the 
                beginning''; and
                    (C) by adding at the end the following:

    ``(B) Except as provided in subparagraph (C), in any calendar year 
after 2002--
            ``(i) a limitation established by subsections (a)(1)(A), 
        (a)(1)(B), (a)(3), (b), (d), or (h) shall be increased by the 
        percent difference determined under subparagraph (A);
            ``(ii) each amount so increased shall remain in effect for 
        the calendar year; and
            ``(iii) if any amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.

    ``(C) In the case of limitations under subsections (a)(1)(A), 
(a)(1)(B), (a)(3), and (h), increases shall only be made in odd-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 increased 
and ending on the date of the next general election.''; and
            (2) in paragraph (2)(B), by striking ``means the calendar 
        year 1974'' and inserting ``means--
                    ``(i) for purposes of subsections (b) and (d), 
                calendar year 1974; and
                    ``(ii) for purposes of subsections (a)(1)(A), 
                (a)(1)(B), (a)(3), and (h), calendar year 2001''.

    (e) Effective <<NOTE: 2 USC 441a note.>> Date.--The amendments made 
by this section shall apply with respect to contributions made on or 
after January 1, 2003.

SEC. 308. DONATIONS TO PRESIDENTIAL INAUGURAL COMMITTEE.

    (a) In General.--Chapter 5 of title 36, United States Code, is 
amended by--
            (1) redesignating section 510 as section 511; and
            (2) inserting after section 509 the following:

``Sec. 510. Disclosure of and prohibition on certain donations

    ``(a) In General.--A committee shall not be considered to be the 
Inaugural Committee for purposes of this chapter unless the committee 
agrees to, and meets, the requirements of subsections (b) and (c).
    ``(b) Disclosure.--

[[Page 116 STAT. 104]]

            ``(1) In <<NOTE: Deadline. Reports.>> general.--Not later 
        than the date that is 90 days after the date of the Presidential 
        inaugural 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 greater than $200.
            ``(2) Contents of report.--A report filed under paragraph 
        (1) shall contain--
                    ``(A) the amount of the donation;
                    ``(B) the date the donation is received; and
                    ``(C) the name and address of the person making the 
                donation.

    ``(c) Limitation.--The committee shall not accept any donation from 
a foreign national (as defined in section 319(b) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 441e(b))).''.
    (b) Reports Made Available by FEC.--Section 304 of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 434), as amended by sections 
103, 201, and 212 is amended by adding at the end the following:
    ``(h) Reports From Inaugural Committees.--The Federal Election 
Commission shall make any report filed by an Inaugural Committee under 
section 510 of title 36, United States Code, accessible to the public at 
the offices of the Commission and on the Internet not later than 48 
hours after the report is received by the Commission.''.

SEC. 309. PROHIBITION ON FRAUDULENT SOLICITATION OF FUNDS.

    Section 322 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441h) is amended--
            (1) by inserting ``(a) In General.--'' before ``No person''; 
        and
            (2) by adding at the end the following:

    ``(b) Fraudulent Solicitation of Funds.--No person shall--
            ``(1) fraudulently misrepresent the person as speaking, 
        writing, or otherwise acting for or on behalf of any candidate 
        or political party or employee or agent thereof for the purpose 
        of soliciting contributions or donations; or
            ``(2) willfully and knowingly participate in or conspire to 
        participate in any plan, scheme, or design to violate paragraph 
        (1).''.

SEC. 310. <<NOTE: 2 USC 431 note.>> STUDY AND REPORT ON CLEAN MONEY 
            CLEAN ELECTIONS LAWS.

    (a) Clean Money Clean Elections Defined.--In this section, the term 
``clean money clean elections'' means funds received under State laws 
that provide in whole or in part for the public financing of election 
campaigns.
    (b) Study.--
            (1) In general.--The Comptroller General shall conduct a 
        study of the clean money clean elections of Arizona and Maine.
            (2) Matters studied.--
                    (A) Statistics on clean money clean elections 
                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;

[[Page 116 STAT. 105]]

                                    (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 <<NOTE: Arizona. Maine.>> of clean money 
                clean elections.--The Comptroller General of the United 
                States shall describe the effects of public financing 
                under the clean money clean elections laws on the 2000 
                elections in Arizona and Maine.

    (c) Report.--Not <<NOTE: Deadline.>> later than 1 year after the 
date of enactment of this Act, the Comptroller General of the United 
States shall submit a report to the Congress detailing the results of 
the study conducted under subsection (b).

SEC. 311. CLARITY STANDARDS FOR IDENTIFICATION OF SPONSORS OF ELECTION-
            RELATED ADVERTISING.

    Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441d) is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``Whenever'' and inserting 
                      ``Whenever a political committee makes a 
                      disbursement for the purpose of financing any 
                      communication through any broadcasting station, 
                      newspaper, magazine, outdoor advertising facility, 
                      mailing, or any other type of general public 
                      political advertising, or whenever'';
                          (ii) by striking ``an expenditure'' and 
                      inserting ``a disbursement'';
                          (iii) by striking ``direct''; and
                          (iv) by inserting ``or makes a disbursement 
                      for an electioneering communication (as defined in 
                      section 304(f)(3))'' after ``public political 
                      advertising''; and
                    (B) in paragraph (3), by inserting ``and permanent 
                street address, telephone number, or World Wide Web 
                address'' after ``name''; and
            (2) by adding at the end the following:

    ``(c) Specification.--Any printed communication described in 
subsection (a) shall--
            ``(1) be of sufficient type size to be clearly readable by 
        the recipient of the communication;
            ``(2) be contained in a printed box set apart from the other 
        contents of the communication; and
            ``(3) be printed with a reasonable degree of color contrast 
        between the background and the printed statement.

    ``(d) Additional Requirements.--
            ``(1) Communications by candidates or authorized persons.--
                    ``(A) By radio.--Any communication described in 
                paragraph (1) or (2) of subsection (a) which is 
                transmitted through radio shall include, in addition to 
                the requirements of that paragraph, an audio statement 
                by the candidate that identifies the candidate and 
                states that the candidate has approved the 
                communication.
                    ``(B) By television.--Any communication described in 
                paragraph (1) or (2) of subsection (a) which is 
                transmitted

[[Page 116 STAT. 106]]

                through television shall include, in addition to the 
                requirements of that paragraph, a statement that 
                identifies the candidate and states that the candidate 
                has approved the communication. Such statement--
                          ``(i) shall be conveyed by--
                                    ``(I) an unobscured, full-screen 
                                view of the candidate making the 
                                statement, or
                                    ``(II) the candidate in voice-over, 
                                accompanied by a clearly identifiable 
                                photographic or similar image of the 
                                candidate; and
                          ``(ii) shall also appear in writing at the end 
                      of the communication in a clearly readable manner 
                      with a reasonable degree of color contrast between 
                      the background and the printed statement, for a 
                      period of at least 4 seconds.
            ``(2) Communications by others.--Any communication described 
        in paragraph (3) of subsection (a) which is transmitted through 
        radio or television shall include, in addition to the 
        requirements of that paragraph, in a clearly spoken manner, the 
        following audio statement: `__________ is responsible for the 
        content of this advertising.' (with the blank to be filled in 
        with the name of the political committee or other person paying 
        for the communication and the name of any connected organization 
        of the payor). If transmitted through television, the statement 
        shall be conveyed by an unobscured, full-screen view of a 
        representative of the political committee or other person making 
        the statement, or by a representative of such political 
        committee or other person in voice-over, and shall also appear 
        in a clearly readable manner with a reasonable degree of color 
        contrast between the background and the printed statement, for a 
        period of at least 4 seconds.''.

SEC. 312. INCREASE IN PENALTIES.

    (a) In General.--Subparagraph (A) of section 309(d)(1) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)(1)(A)) is 
amended to read as follows:
    ``(A) Any person who knowingly and willfully commits a 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 calendar year 
        shall be fined under title 18, United States Code, or imprisoned 
        for not more than 5 years, or both; or
            ``(ii) aggregating $2,000 or more (but less than $25,000) 
        during a calendar year shall be fined under such title, or 
        imprisoned for not more than 1 year, or both.''.

    (b) Effective <<NOTE: 2 USC 437g note.>> Date.--The amendment made 
by this section shall apply to violations occurring on or after the 
effective date of this Act.

SEC. 313. STATUTE OF LIMITATIONS.

    (a) In General.--Section 406(a) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 455(a)) is amended by striking ``3'' and inserting 
``5''.
    (b) Effective <<NOTE: 2 USC 455 note.>> Date.--The amendment made by 
this section shall apply to violations occurring on or after the 
effective date of this Act.

[[Page 116 STAT. 107]]

SEC. 314. <<NOTE: 28 USC 994 note.>> SENTENCING GUIDELINES.

    (a) In General.--The United States Sentencing Commission shall--
            (1) promulgate a guideline, or amend an existing guideline 
        under section 994 of title 28, United States Code, in accordance 
        with paragraph (2), for penalties for violations of the Federal 
        Election Campaign Act of 1971 and related election laws; and
            (2) submit to Congress an explanation of any guidelines 
        promulgated under paragraph (1) and any legislative or 
        administrative recommendations regarding enforcement of the 
        Federal Election Campaign Act of 1971 and related election laws.

    (b) Considerations.--The Commission shall provide guidelines under 
subsection (a) taking into account the following considerations:
            (1) Ensure that the sentencing guidelines and policy 
        statements reflect the serious nature of such violations and the 
        need for aggressive and appropriate law enforcement action to 
        prevent such violations.
            (2) Provide a sentencing enhancement for any person 
        convicted of such violation if such violation involves--
                    (A) a contribution, donation, or expenditure from a 
                foreign source;
                    (B) a large number of illegal transactions;
                    (C) a large aggregate amount of illegal 
                contributions, donations, or expenditures;
                    (D) the receipt or disbursement of governmental 
                funds; and
                    (E) an intent to achieve a benefit from the Federal 
                Government.
            (3) Assure reasonable consistency with other relevant 
        directives and guidelines of the Commission.
            (4) Account for aggravating or mitigating circumstances that 
        might justify exceptions, including circumstances for which the 
        sentencing guidelines currently provide sentencing enhancements.
            (5) Assure the guidelines adequately meet the purposes of 
        sentencing under section 3553(a)(2) of title 18, United States 
        Code.

    (c) Effective Date; Emergency Authority To Promulgate Guidelines.--
            (1) Effective date.--Notwithstanding section 402, the United 
        States Sentencing Commission shall promulgate guidelines under 
        this section not later than the later of--
                    (A) 90 days after the effective date of this Act; or
                    (B) 90 days after the date on which at least a 
                majority of the members of the Commission are appointed 
                and holding office.
            (2) Emergency authority to promulgate guidelines.--The 
        Commission shall promulgate guidelines under this section in 
        accordance with the procedures set forth in section 21(a) of the 
        Sentencing Reform Act of 1987, as though the authority under 
        such Act has not expired.

[[Page 116 STAT. 108]]

SEC. 315. INCREASE IN PENALTIES IMPOSED FOR VIOLATIONS OF CONDUIT 
            CONTRIBUTION BAN.

    (a) Increase in Civil Money Penalty for Knowing 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 1,000 percent of the amount involved in the 
        violation)''; and
            (2) in paragraph (6)(C), by inserting before the period at 
        the end the following: ``(or, in the case of a violation of 
        section 320, which is not less than 300 percent of the amount 
        involved in the violation and is not more than the greater of 
        $50,000 or 1,000 percent of the amount involved in the 
        violation)''.

    (b) Increase in Criminal Penalty.--Section 309(d)(1) of such Act (2 
U.S.C. 437g(d)(1)) is amended by adding at the end the following new 
subparagraph:
    ``(D) Any person who knowingly and willfully commits a violation of 
section 320 involving an amount aggregating more than $10,000 during a 
calendar year shall be--
            ``(i) imprisoned for not more than 2 years if the amount is 
        less than $25,000 (and subject to imprisonment under 
        subparagraph (A) if the amount is $25,000 or more);
            ``(ii) fined not less than 300 percent of the amount 
        involved in the violation and not more than the greater of--
                    ``(I) $50,000; or
                    ``(II) 1,000 percent of the amount involved in the 
                violation; or
            ``(iii) both imprisoned under clause (i) and fined under 
        clause (ii).''.

    (c) Effective <<NOTE: 2 USC 437g note.>> Date.--The amendments made 
by this section shall apply with respect to violations occurring on or 
after the effective date of this Act.

SEC. 316. RESTRICTION ON INCREASED CONTRIBUTION LIMITS BY TAKING INTO 
            ACCOUNT CANDIDATE'S AVAILABLE FUNDS.

    Section 315(i)(1) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441a(i)(1)), as added by this Act, is amended by adding at the 
end the following:
                    ``(E) Special rule for candidate's campaign funds.--
                          ``(i) In general.--For purposes of determining 
                      the aggregate amount of expenditures from personal 
                      funds under subparagraph (D)(ii), such amount 
                      shall include the gross receipts advantage of the 
                      candidate's 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 
                                candidate's authorized committee during 
                                any election cycle (not including 
                                contributions from personal funds of the 
                                candidate)

[[Page 116 STAT. 109]]

                                that may be expended in connection with 
                                the election, as determined on June 30 
                                and December 31 of the year preceding 
                                the year in which a general election is 
                                held, over
                                    ``(II) the aggregate amount of 50 
                                percent of gross receipts of the 
                                opposing candidate's authorized 
                                committee during any election cycle (not 
                                including contributions from personal 
                                funds of the candidate) that may be 
                                expended in connection with the 
                                election, as determined on June 30 and 
                                December 31 of the year preceding the 
                                year in which a general election is 
                                held.''.

SEC. 317. CLARIFICATION OF RIGHT OF NATIONALS OF THE UNITED STATES TO 
            MAKE POLITICAL CONTRIBUTIONS.

    Section 319(b)(2) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 441e(b)(2)) is amended by inserting after ``United States'' the 
following: ``or a national of the United States (as defined in section 
101(a)(22) of the Immigration and Nationality Act)''.

SEC. 318. PROHIBITION OF CONTRIBUTIONS BY MINORS.

    Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 
et seq.), as amended by section 101, is further amended by adding at the 
end the following new section:

                ``prohibition of contributions by minors

    ``Sec. 324. <<NOTE: 2 USC 441k.>> An individual who is 17 years old 
or younger shall not make a contribution to a candidate or a 
contribution or donation to a committee of a political party.''.

SEC. 319. MODIFICATION OF INDIVIDUAL CONTRIBUTION LIMITS FOR HOUSE 
            CANDIDATES IN RESPONSE TO EXPENDITURES FROM PERSONAL FUNDS.

    (a) Increased Limits.--Title III of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 
315 the following new section:

  ``modification of certain limits for house candidates in response to 
                 personal fund expenditures of opponents

    ``Sec. 315A. (a) Availability <<NOTE: 2 USC 441a-1.>> of Increased 
Limit.--
            ``(1) In general.--Subject to paragraph (3), if the 
        opposition personal funds amount with respect to a candidate for 
        election to the office of Representative in, or Delegate or 
        Resident Commissioner to, the Congress exceeds $350,000--
                    ``(A) the limit under subsection (a)(1)(A) with 
                respect to the candidate shall be tripled;
                    ``(B) the limit under subsection (a)(3) shall not 
                apply with respect to any contribution made with respect 
                to the candidate if the contribution is made under the 
                increased limit allowed under subparagraph (A) during a 
                period in which the candidate may accept such a 
                contribution; and
                    ``(C) the limits under subsection (d) with respect 
                to any expenditure by a State or national committee of a 
                political party on behalf of the candidate shall not 
                apply.
            ``(2) Determination of opposition personal funds amount.--

[[Page 116 STAT. 110]]

                    ``(A) In general.--The opposition personal funds 
                amount is an amount equal to the excess (if any) of--
                          ``(i) the greatest aggregate amount of 
                      expenditures from personal funds (as defined in 
                      subsection (b)(1)) that an opposing candidate in 
                      the same election makes; over
                          ``(ii) the aggregate amount of expenditures 
                      from personal funds made by the candidate with 
                      respect to the election.
                    ``(B) Special rule for candidate's campaign funds.--
                          ``(i) In general.--For purposes of determining 
                      the aggregate amount of expenditures from personal 
                      funds under subparagraph (A), such amount shall 
                      include the gross receipts advantage of the 
                      candidate's 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 
                                candidate's authorized committee during 
                                any election cycle (not including 
                                contributions from personal funds of the 
                                candidate) that may be expended in 
                                connection with the election, as 
                                determined on June 30 and December 31 of 
                                the year preceding the year in which a 
                                general election is held, over
                                    ``(II) the aggregate amount of 50 
                                percent of gross receipts of the 
                                opposing candidate's authorized 
                                committee during any election cycle (not 
                                including contributions from personal 
                                funds of the candidate) that may be 
                                expended in connection with the 
                                election, as determined on June 30 and 
                                December 31 of the year preceding the 
                                year in which a general election is 
                                held.
            ``(3) Time to accept contributions under increased limit.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                candidate and the candidate's authorized committee shall 
                not accept any contribution, and a party committee shall 
                not make any expenditure, under the increased limit 
                under paragraph (1)--
                          ``(i) until the candidate has received 
                      notification of the opposition personal funds 
                      amount under subsection (b)(1); and
                          ``(ii) to the extent that such contribution, 
                      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 opposing 
                candidate.--A candidate and a candidate'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

[[Page 116 STAT. 111]]

                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 candidate or a candidate's 
                authorized committee under the increased limit under 
                paragraph (1) and not otherwise expended in connection 
                with the election with respect to which such 
                contributions relate shall, not later than 50 days after 
                the date of such election, be used in the manner 
                described in subparagraph (B).
                    ``(B) Return to contributors.--A candidate or a 
                candidate's authorized committee shall return the excess 
                contribution to the person who made the contribution.

    ``(b) Notification of Expenditures From Personal Funds.--
            ``(1) In general.--
                    ``(A) Definition of expenditure from personal 
                funds.--In this paragraph, the term `expenditure from 
                personal funds' means--
                          ``(i) an expenditure made by a candidate using 
                      personal funds; and
                          ``(ii) a contribution or loan made by a 
                      candidate using personal funds or a loan secured 
                      using such funds to the candidate's authorized 
                      committee.
                    ``(B) Declaration <<NOTE: Deadline.>> of intent.--
                Not later than the date that is 15 days after the date 
                on which an individual becomes a candidate for the 
                office of Representative in, or Delegate or Resident 
                Commissioner to, the Congress, the candidate shall file 
                a declaration stating the total amount of expenditures 
                from personal funds that the candidate intends to make, 
                or to obligate to make, with respect to the election 
                that will exceed $350,000.
                    ``(C) Initial <<NOTE: Deadline.>> notification.--Not 
                later than 24 hours after a candidate described in 
                subparagraph (B) makes or obligates to make an aggregate 
                amount of expenditures from personal funds in excess of 
                $350,000 in connection with any election, the candidate 
                shall file a notification.
                    ``(D) Additional notification.--After a candidate 
                files an initial notification under subparagraph (C), 
                the candidate shall file an additional notification each 
                time expenditures from personal funds are made or 
                obligated to be made in an aggregate amount that exceeds 
                $10,000. Such notification <<NOTE: Deadline.>> shall be 
                filed not later than 24 hours after the expenditure is 
                made.
                    ``(E) Contents.--A notification under subparagraph 
                (C) or (D) shall include--
                          ``(i) the name of the candidate and the office 
                      sought by the candidate;
                          ``(ii) the date and amount of each 
                      expenditure; and
                          ``(iii) the total amount of expenditures from 
                      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.
                    ``(F) Place of filing.--Each declaration or 
                notification required to be filed by a candidate under 
                subparagraph (C), (D), or (E) shall be filed with--
                          ``(i) the Commission; and

[[Page 116 STAT. 112]]

                          ``(ii) each candidate in the same election and 
                      the national party of each such candidate.
            ``(2) Notification of disposal of excess contributions.--
        In <<NOTE: Reports.>> the next regularly scheduled report after 
        the date of the election for which a candidate seeks nomination 
        for election to, or election to, Federal office, the candidate 
        or the candidate's authorized committee shall submit to the 
        Commission a report indicating the source and amount of any 
        excess contributions (as determined under subsection (a)) and 
        the manner in which the candidate or the candidate's authorized 
        committee used such funds.
            ``(3) Enforcement.--For provisions providing for the 
        enforcement of the reporting requirements under this 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 striking ``subsection (i),'' and inserting ``subsection (i) 
and section 315A,''.

                 TITLE IV--SEVERABILITY; EFFECTIVE DATE

SEC. 401. <<NOTE: 2 USC 454 note.>> SEVERABILITY.

    If any provision of this Act or amendment made by this Act, or the 
application of a provision or amendment to any person or circumstance, 
is held to be unconstitutional, the remainder of this Act and amendments 
made by this Act, and the application of the provisions and amendment to 
any person or circumstance, shall not be affected by the holding.

SEC. 402. <<NOTE: 2 USC 431 note.>> EFFECTIVE DATES AND REGULATIONS.

    (a) General Effective Date.--
            (1) In general.--Except as provided in the succeeding 
        provisions of this section, the effective date of this Act, and 
        the amendments made by this Act, is November 6, 2002.
            (2) Modification of contribution limits.--The amendments 
        made by--
                    (A) section 102 shall apply with respect to 
                contributions made on or after January 1, 2003; and
                    (B) section 307 shall take effect as provided in 
                subsection (e) of such section.
            (3) Severability; effective dates and regulations; judicial 
        review.--Title IV shall take effect on the date of enactment of 
        this Act.
            (4) Provisions not to apply to runoff elections.--Section 
        323(b) of the Federal Election Campaign Act of 1971 (as added by 
        section 101(a)), section 103(a), title II, sections 304 
        (including section 315(j) of Federal Election Campaign Act of 
        1971, as added by section 304(a)(2)), 305 (notwithstanding 
        subsection (c) of such section), 311, 316, 318, and 319, and 
        title V (and the amendments made by such sections and titles) 
        shall take effect on November 6, 2002, but shall not apply with 
        respect to runoff elections, recounts, or election contests 
        resulting from elections held prior to such date.

    (b) Soft Money of National Political Parties.--

[[Page 116 STAT. 113]]

            (1) In general.--Except for subsection (b) of such section, 
        section 323 of the Federal Election Campaign Act of 1971 (as 
        added by section 101(a)) shall take effect on November 6, 2002.
            (2) Transitional rules for the spending of soft money of 
        national political parties.--
                    (A) In general.--Notwithstanding section 323(a) of 
                the Federal Election Campaign Act of 1971 (as added by 
                section 101(a)), if a national committee of a political 
                party described in such section (including any person 
                who is subject to such section under paragraph (2) of 
                such section), has received funds described in such 
                section prior to November 6, 2002, the rules described 
                in subparagraph (B) shall apply with respect to the 
                spending of the amount of such funds in the possession 
                of such committee as of such date.
                    (B) Use of excess soft money funds.--
                          (i) In general.--Subject to clauses (ii) and 
                      (iii), the national committee of a political party 
                      may use the amount described in subparagraph (A) 
                      prior to January 1, 2003, solely for the purpose 
                      of--
                                    (I) retiring outstanding debts or 
                                obligations that were incurred solely in 
                                connection with an election held prior 
                                to November 6, 2002; or
                                    (II) paying expenses or retiring 
                                outstanding debts or paying for 
                                obligations that were incurred solely in 
                                connection with any runoff election, 
                                recount, or election contest resulting 
                                from an election held prior to November 
                                6, 2002.
                          (ii) Prohibition on using soft money for hard 
                      money expenses, debts, and obligations.--A 
                      national committee of a political party may not 
                      use the amount described in subparagraph (A) for 
                      any expenditure (as defined in section 301(9) of 
                      the Federal Election Campaign Act of 1971 (2 
                      U.S.C. 431(9))) or for retiring outstanding debts 
                      or obligations that were incurred for such an 
                      expenditure.
                          (iii) Prohibition of building fund uses.--A 
                      national committee of a political party may not 
                      use the amount described in subparagraph (A) for 
                      activities to defray the costs of the construction 
                      or purchase of any office building or facility.

    (c) Regulations.--
            (1) In <<NOTE: Deadline.>> general.--Except as provided in 
        paragraph (2), the Federal Election Commission shall promulgate 
        regulations to carry out this Act and the amendments made by 
        this Act that are under the Commission's jurisdiction not later 
        than 270 days after the date of enactment of this Act.
            (2) Soft <<NOTE: Deadline.>> money of political parties.--
        Not later than 90 days after the date of enactment of this Act, 
        the Federal Election Commission shall promulgate regulations to 
        carry out title I of this Act and the amendments made by such 
        title.

SEC. 403. <<NOTE: 2 USC 437h note.>> JUDICIAL REVIEW.

    (a) Special Rules for Actions Brought on Constitutional Grounds.--If 
any action is brought for declaratory or injunctive relief to challenge 
the constitutionality of any provision of this

[[Page 116 STAT. 114]]

Act or any amendment made by this Act, the following rules shall apply:
            (1) The action shall be filed in the United States District 
        Court for the District of Columbia and shall be heard by a 3-
        judge court convened pursuant to section 2284 of title 28, 
        United States Code.
            (2) A copy of the complaint shall be delivered promptly to 
        the Clerk of the House of Representatives and the Secretary of 
        the Senate.
            (3) A final decision in the action shall be reviewable only 
        by appeal directly to the Supreme Court of the United States. 
        Such appeal shall be taken by the filing of a notice of appeal 
        within 10 days, and the filing of a jurisdictional statement 
        within 30 days, of the entry of the final decision.
            (4) It shall be the duty of the United States District Court 
        for the District of Columbia and the Supreme Court of the United 
        States to advance on the docket and to expedite to the greatest 
        possible extent the disposition of the action and appeal.

    (b) Intervention by Members of Congress.--In any action in which the 
constitutionality of any provision of this Act or any amendment made by 
this Act is raised (including but not limited to an action described in 
subsection (a)), any member of the House of Representatives (including a 
Delegate or Resident Commissioner to the Congress) or Senate shall have 
the right to intervene either in support of or opposition to the 
position of a party to the case regarding the constitutionality of the 
provision or amendment. To avoid duplication of efforts and reduce the 
burdens placed on the parties to the action, the court in any such 
action may make such orders as it considers necessary, including orders 
to require intervenors taking similar positions to file joint papers or 
to be represented by a single attorney at oral argument.
    (c) Challenge by Members of Congress.--Any Member of Congress may 
bring an action, subject to the special rules described in subsection 
(a), for declaratory or injunctive relief to challenge the 
constitutionality of any provision of this Act or any amendment made by 
this Act.
    (d) Applicability.--
            (1) Initial claims.--With respect to any action initially 
        filed on or before December 31, 2006, the provisions of 
        subsection (a) shall apply with respect to each action described 
        in such section.
            (2) Subsequent actions.--With respect to any action 
        initially filed after December 31, 2006, the provisions of 
        subsection (a) shall not apply to any action described in such 
        section unless the person filing such action elects such 
        provisions to apply to the action.

                TITLE V--ADDITIONAL DISCLOSURE PROVISIONS

SEC. 501. INTERNET ACCESS TO RECORDS.

    Section 304(a)(11)(B) of the Federal Election Campaign Act of 1971 
(2 U.S.C. 434(a)(11)(B)) is amended to read as follows:
    ``(B) <<NOTE: Deadline.>> The Commission shall make a designation, 
statement, report, or notification that is filed with the Commission 
under


[[Page 116 STAT. 115]]

this Act available for inspection by the public in the offices of the 
Commission and accessible to the public on the Internet not later than 
48 hours (or not later than 24 hours in the case of a designation, 
statement, report, or notification filed electronically) after receipt 
by the Commission.''.

SEC. 502. <<NOTE: 2 USC 438a.>> MAINTENANCE OF WEBSITE OF ELECTION 
            REPORTS.

    (a) In General.--The Federal Election Commission shall maintain a 
central site on the Internet to make accessible to the public all 
publicly available election-related reports and information.
    (b) Election-Related Report.--In this section, the term ``election-
related report'' means any report, designation, or statement required to 
be filed under the Federal Election Campaign Act of 1971.
    (c) Coordination With Other Agencies.--Any Federal executive agency 
receiving election-related information which that agency is required by 
law to publicly disclose shall cooperate and coordinate with the Federal 
Election Commission to make such report available through, or for 
posting on, the site of the Federal Election Commission in a timely 
manner.

SEC. 503. <<NOTE: 2 USC 434.>> ADDITIONAL DISCLOSURE REPORTS.

    (a) Principal <<NOTE: Deadlines.>> Campaign Committees.--Section 
304(a)(2)(B) of the Federal Election Campaign Act of 1971 is amended by 
striking ``the following reports'' and all that follows through the 
period and inserting ``the treasurer shall file quarterly reports, which 
shall be filed not later than the 15th day after the last day of each 
calendar quarter, and which shall be complete as of the last day of each 
calendar quarter, except that the report for the quarter ending December 
31 shall be filed not later than January 31 of the following calendar 
year.''.

    (b) National Committee of a Political Party.--Section 304(a)(4) of 
such Act (2 U.S.C. 434(a)(4)) is amended by adding at the end the 
following flush sentence: ``Notwithstanding the preceding sentence, a 
national committee of a political party shall file the reports required 
under subparagraph (B).''.

SEC. 504. PUBLIC ACCESS TO BROADCASTING RECORDS.

    Section 315 of the Communications Act of 1934 (47 U.S.C. 315), as 
amended by this Act, is amended by redesignating subsections (e) and (f) 
as subsections (f) and (g), respectively, and inserting after subsection 
(d) the following:
    ``(e) Political Record.--
            ``(1) In general.--A licensee shall maintain, and make 
        available for public inspection, a complete record of a request 
        to purchase broadcast time that--
                    ``(A) is made by or on behalf of a legally qualified 
                candidate for public office; or
                    ``(B) communicates a message relating to any 
                political matter of national importance, including--
                          ``(i) a legally qualified candidate;
                          ``(ii) any election to Federal office; or
                          ``(iii) a national legislative issue of public 
                      importance.
            ``(2) Contents of record.--A record maintained under 
        paragraph (1) shall contain information regarding--
                    ``(A) whether the request to purchase broadcast time 
                is accepted or rejected by the licensee;

[[Page 116 STAT. 116]]

                    ``(B) the rate charged for the broadcast time;
                    ``(C) the date and time on which the communication 
                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 election to which the 
                communication refers, or the issue to which the 
                communication refers (as applicable);
                    ``(F) in the case of a request made by, or on behalf 
                of, a candidate, the name of the candidate, the 
                authorized committee of the candidate, 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 information required under 
        this subsection shall be placed in a political file as soon as 
        possible and shall be retained by the licensee for a period of 
        not less than 2 years.''.

    Approved March 27, 2002.

LEGISLATIVE HISTORY--H.R. 2356 (S. 27):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 107-131, Pt. 1 (Comm. on House Administration).
CONGRESSIONAL RECORD, Vol. 148 (2002):
            Feb. 13, considered and passed House.
            Mar. 18-20, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):
            Mar. 27, Presidential statement.

                                  <all>