[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2356 Enrolled Bill (ENR)]
H.R.2356
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To amend the Federal Election Campaign Act of 1971 to provide bipartisan
campaign reform.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bipartisan
Campaign Reform Act of 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.
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. 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 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
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 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 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--
(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--
(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 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
``(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 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--
(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 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 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)''.
(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 Commission is required to promulgate new
regulations under subsection (c) (as described in section 402(c)(1)).
(c) Regulations 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. 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;
``(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.''.
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--
``(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 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 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 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 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 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 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:
``(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''.
(c) Effective 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--
``(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 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.--
``(1) In 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. 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;
(II) whether the candidate was an incumbent or a
challenger; and
(III) whether the candidate was successful in the
candidate's bid for public office; and
(ii) the number of races in which at least one
candidate ran an election with clean money clean elections.
(B) Effects of clean money clean elections.--The
Comptroller General of the United States shall describe the
effects of public financing under the clean money clean
elections laws on the 2000 elections in Arizona and Maine.
(c) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General of the United States shall submit a
report to the Congress 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
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 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 Date.--The amendment made by this section shall apply
to violations occurring on or after the effective date of this Act.
SEC. 314. 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.
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 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) 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. 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 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.--
``(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 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 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 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 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
``(ii) each candidate in the same election and the
national party of each such candidate.
``(2) Notification of disposal of excess contributions.--In the
next regularly scheduled report after the date of the election for
which a 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. 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. 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.--
(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 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 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. 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 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) The Commission shall make a designation, statement, report,
or notification that is filed with the Commission under this Act
available for inspection by the public in the offices of the Commission
and accessible to the public on the Internet not later than 48 hours
(or not later than 24 hours in the case of a designation, statement,
report, or notification filed electronically) after receipt by the
Commission.''.
SEC. 502. 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. ADDITIONAL DISCLOSURE REPORTS.
(a) Principal 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;
``(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.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.