[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2356 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 318
107th CONGRESS
  2d Session
                                H. R. 2356


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2002

                    Received and read the first time

                           February 27, 2002

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
     To amend the Federal Election Campaign Act of 1971 to provide 
                      bipartisan campaign reform.

    Be it enacted by the Senate and House of 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 date.
Sec. 403. Judicial review.
               TITLE V--ADDITIONAL DISCLOSURE PROVISIONS

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

            TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

SEC. 101. SOFT MONEY OF POLITICAL PARTIES.

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

``SEC. 323. SOFT MONEY OF POLITICAL PARTIES.

    ``(a) National Committees.--
            ``(1) In general.--A national committee of a political 
        party (including a national congressional campaign committee of 
        a political party) may not 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 nonfederal 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.--
Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 431(8)(B)) is amended--
            (1) by striking clause (viii); and
            (2) by redesignating clauses (ix) through (xv) as clauses 
        (viii) through (xiv), respectively.

              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 1101(a)(2) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1101(a)(2)) 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 1101(a)(2) of the Immigration 
        and Nationality Act (8 U.S.C. 1101(a)(2)). 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) Conforming Amendment.--Section 304(a)(5) of such Act (2 U.S.C. 
434(a)(5)) is amended by striking ``, or the second sentence of 
subsection (c)(2)''.

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--
                    (A) by redesignating clause (ii) as clause (iii); 
                and
                    (B) 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 the second sentence 
of section 402(c)).
    (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--
            (A) payments for the republication of campaign materials;
            (B) payments for the use of a common vendor;
            (C) payments for communications directed or made by persons 
        who previously served as an employee of a candidate or a 
        political party; and
            (D) 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 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 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.--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 the following: ``$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''; and
                            (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 one 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 1000 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 1000 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 DATE.

    (a) In General.--Except as otherwise provided in section 307 and 
subsection (b), this Act and the amendments made by this Act shall take 
effect November 6, 2002.
    (b) Transition Rule for Spending of Funds by National Parties.--If 
a national committee of a political party described in section 
323(a)(1) of the Federal Election Campaign Act of 1971 (as added by 
section 101(a)), including any person who is subject to such section, 
has received funds described in such section prior to the effective 
date described in subsection (a), the following rules shall apply with 
respect to the spending of such funds by such committee:
            (1) Prior to January 1, 2003, the committee may spend such 
        funds to retire outstanding debts or obligations incurred prior 
        to such effective date, so long as such debts or obligations 
        were incurred solely in connection with an election held on or 
        before November 5, 2002 (or any runoff election or recount 
        resulting from an election in 2002) and so long as such debts 
        or obligations were not incurred for any expenditures 
        (activities required to be paid for with ``hard money'') under 
        such Act. Nothing in this paragraph may allow such funds 
        (commonly known as ``soft money'') to be used to pay for any 
        debts or obligations incurred for any Federal election 
        expenditures under such Act (``hard money'' activities).
            (2) At no time after such effective date may the committee 
        spend any such funds for activities to defray the costs of the 
        construction or purchase of any office building or facility.
    (c) Regulations.--Not later than 90 days after the date of the 
enactment of this Act, the Federal Election Commission shall promulgate 
regulations to carry out title I of this Act and the amendments made by 
such title. Not later than 270 days after the date of the enactment of 
this Act, the Federal Election Commission shall promulgate regulations 
to carry out all other titles of this Act and all other amendments made 
by this Act which are under the Commission's jurisdiction.

SEC. 403. JUDICIAL REVIEW.

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

               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.''.

            Passed the House of Representatives February 14 
      (legislative day, February 13), 2002.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
                                                       Calendar No. 318

107th CONGRESS

  2d Session

                               H. R. 2356

_______________________________________________________________________

                                 AN ACT

     To amend the Federal Election Campaign Act of 1971 to provide 
                      bipartisan campaign reform.

_______________________________________________________________________

                           February 27, 2002

            Read the second time and placed on the calendar