Appendix — National Rifle Assn. v. Federal Election Commission

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APPENDIX

TABLE OF CONTENTS

Notice of Appeal to the Supreme Court

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Bipartisan -ampaign Reform Act of 2002,

eS 7a

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

)

SENATOR MITCH McCONNELL, ) CONSOLIDATED

et al., ). ACTIONS

Plaintiffs, )

) Civ. No. 02-0582

v. ) (CKK, KLH,

) RLL)

)

FEDERAL ELECTION COMMISSION, )

et al., )

Defendants. )

)

| )

NATIONAL RIFLE ASSOCIATION, )

et al., )

Plaintiffs, )

)

v. ) Civ. No. 02-0581

) (CKK, KLH,

) RLL)

FEDERAL ELECTION COMMISSION, )

et al., )

Defendants. )

)

NOTICE OF APPEAL TO THE SUPREME

COURT OF THE UNITED STATES

Notice is hereby given that the following plaintiffs

hereby appeal to the Supreme Court of the United States

from any and all adverse rulings incorporated in, antecedent

to, or ancillary to the final judgment of the three-judge dis-

trict court entered in this action on May 2, 2003: National

Rifle Association and the National Rifle Association Politi-

cal Victory Fund (in No. 02-581, National Rifle Association

v. FEC).

This appeal is taken pursuant to section 403(a)(3) of

the Bipartisan Campaign Reform Act of 2002, Pub. L. No.

107-155, 116 Stat. 81, 114.

Respectfully submitted,

Cleta Mitchell Charles J. Cooper

FOLEY & LARDNER (D.C. Bar No. 248070)

(D.C. Bar No. 433386) David H. Thompson

3000 K Street, N.W. (D.C. Bar No. 450503)

Suite 500 Hamish P.M. Hume

Washington, D.C. 20007 (D.C. Bar No, 449914)

(202) 295-408 1 Derek L. Shaffer

(D.C. Bar No. 478775)

COOPER & KIRK, PLLC

1500 K Street, N.W.

Suite 200

Washington, D.C. 20005

(202) 220-9600

Brian S. Koukoutchos

COOPER & KIRK, PLLC

28 Eagle Trace

Mandeville, LA 70471

(985) 626-5052

Dated: May 5, 2003

OPINION OF THE DISTRICT COURT

Due to the length of the opinions below, and on the advice

of the Clerk’s Office, appellants are not including the district

court opinions in the appendix to their typewritten jurisdic-

tional statement. The opinions can be found on the Internet

at _ http://ismns2o.gtwy.uscourts.gov/dcd/mcconnell-2002-

ruling.html. ;

UNITED STATES CONSTITUTION

AMENDMENT I

Congress shall make no law respecting an establishment

of religion, or prohibiting the free exercise thereof; or abridg-

ing the freedom of speech, or of the press; or the right of the

people peaceably to assemble, and to petition the Govern-

ment for a redress of grievances.

UNITED STATES CONSTITUTION

AMENDMENT V

No person shall be held to answer for a capital, or other-

wise infamous crime, unless on a presentment or indictment

of a Grand Jury, except in cases arising in the land or naval

forces, or in the Militia, when in actual service in time of

War or public danger; nor shall any person be subject for the

same offence to be twice put in jeopardy of life or limb; nor

shall be compelled in any criminal case to be a witness

against himself, nor be deprived of life, liberty, or property,

without due process of law; nor shall private property be

taken for public use, without just compensation.

BIPARTISAN CAMPAIGN REFORM ACT OF

2002 PUB. L. NO 107-155, 116 Stat. 81

[March 27, 2002]

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 IN-

FLUENCE

Sec. 101. Soft money of political parties.

Sec. 102. Increased contribution limit for State commit-

tees of political parties.

Sec. 103. Reporting requirements.

TITLE II--NONCANDIDATE CAMPAIGN EXPENDI-

TURES

Subtitle A--Electioneering RCommunications

Sec. 201. Disclosure of electioneering communications.

Sec. 202. Coordinated communications as contributions.

Sec. 203. Prohibition of corporate and labor disburse-

ments 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 par-

ties.

TITLE MN1I—MISCELLANEOUS

Sec. 301. Use of contributed amounts for certain pur-

poses.

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 disclo-

sure of contributions.

Sec. 307. Modification of contribution limits.

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 per-

sonal funds.

TITLE IV--SEVERABILITY; EFFECTIVE DATE

Sec. 401. Severability.

Sec. 402. Effective dates and regulations.

Sec. 403. Judicial review.

TITLE V--ADDITIONAL DISCLOSURE PROVI-

SIONS

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 II of the Federal Election Campaign

Act of 1971 (2 U.S.C. 43] et seq.) is amended by adding at

the end the following:

/ “Sec. 323. SOFT MONEY OF POLITICAL PARTIES.

"(a) National Committees.--

10a

"(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 para-

graph (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 ac-

tivity by a State, district, or local committee of a political

party (including an entity that is directly or indirectly estab-

lished, 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 asso-

ciation or similar group of candidates for State or local office

or of individuals holding State or local office, shall be made

from funds subject to the limitations, prohibitions, and re-

porting requirements of this Act.

"(2) Applicability.----

" (A) In general.--Notwithstanding clause (i) or (ii) of sec-

tion 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 allo-

cate? (under regulations prescribed by the Commission)

lla

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 limita-

tions, 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 can-

didate 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 de-

scribed 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 (in-

cluding any person established, financed, maintained, or con-

trolled by such person) may donate more than $10,000 to a

State, district, or local committee of a political party in a cal-

endar 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,

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"(ID the national committee of a political party (includ-

ing a national congressional campaign committee of a politi-

cal party),

"(II) any officer or agent acting on behalf of any commit-

tee described in subclause (I) or (ID), or

"(IV) any entity directly or indirectly established, fi-

nanced, maintained, or controlled by any committee de-

scribed in subclause (I) or (I).

"(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 subpara-

graph 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 fund-

raising 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 politi-

cal party or its agent in one or more other States.

"(c) Fundraising Costs.--An amount spent by a person de-

scribed 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, dis-

13a

trict, or local committee of a political party (including a na-

tional congressional campaign committee of a political

party), an entity that is directly or indirectly established, fi-

nanced, 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 dona-

tions 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 ap-

piucation for determination of tax exempt status under such

secon) and that makes expenditures or disbursements in

connection with an election for Federal office (including ex-

penditures 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 cam-

paign 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, fi-

nanced, maintained or controlled by or acting on behalf of 1

Or more candidates or individuals holding Federal office,

shail not--

"(A) solicit, receive, direct, transfer, or spend funds in

connection with an election for Federal office, including

funds for any Federal election activity, unless the funds are

subject to the limitations, prohibitions, and reporting re-

quirements of this Act; or

l4a

"(B) solicit, receive, direct, transfer, or spend funds in

connection with any election other than an election for Fed-

eral office or disburse funds in connection with such an elec-

tion unless the funds--

"(i) are not in excess of the amounts permitted with re-

spect 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 Fed-

eral office.

"(2) State law.-- Paragraph (1) does not apply to the so-

licitation, receipt, or spending of funds by an individual de-

scribed 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 spend-

ing 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 para-

graph (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 ap-

lSa

plication 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 gen-

eral solicitations permitted under subparagraph (A), an

individual described in paragraph (1) may make a solicitation

explicitly to obtain funds for carrying out the activities de-

scribed 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, in-

dividual holding State or local office, or an agent of such a

candidate or individual may not spend any funds for a com-

munication described in section 301(20)(A)(iii) unless the

funds are subject to the limitations, prohibitions, and report-

ing requirements of this Act.

"(2) Exception for certain communications.-- Paragraph

(1) shall not apply to an individual described in such para-

graph 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 lo-

cal office held or sought by such individual, or both.”.

(b) Definitions.--Section 301 of the Federal Election

16a

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 be-

gins 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 ge-

neric 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 iden-

tified candidate for Federal office (regardless of whether a

candidate for State or local office is also mentioned or identi-

fied) and that promotes or supports a candidate for that of-

fice, or attacks or opposes a candidate for that office (regard-

less 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 activ-

ity’ does not include an amount expended or disbursed by a

State, district, or local committee of a political party for--

17a

"(i)_a public communication that refers solely to a clearly

identified candidate for State or local office, if the communi-

cation is not a Federal election activity described in subpara-

graph (A)(i) or (ii);

"(il) a contribution to a candidate for State or local of-

fice, 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 con-

vention; and

"(iv) the costs of grassroots campaign materials, includ-

ing 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 commu-

nication’ means a communication by means of any broadcast,

cable, or satellite communication, newspaper, magazine, out-

door advertising facility, mass mailing, or telephone bank to

the general public, or any other form of general public po-

litical 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 sub-

stantially similar nature within any 30-day period.".

18a

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. 44]a(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 "5 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.

19a

"(2) Other political committees to which section 323 ap-

plies.----

"(A) In general.--In addition to any other reporting re-

quirements 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 aggre-

gate amount of such receipts and disbursements during the

calendar year is less than $5,000.

"(B) Specific disclosure by state and local parties of cer-

tain non-federal amounts permitted to be spent on federal

election activity.--Each report by a political committee under

subparagraph (A) of receipts and disbursements made for ac-

tivities described in section 301(20)(A) shall include a dis-

closure 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 re-

porting 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 un-

der 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 Contri-

bution.--

(1) In general.-- Section 301(8)(B) of the Federal Election

Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended--

20a

(A) by striking clause (viii); and

(B) by redesignating clauses (ix) through (xv) as clauses

(viii) through (xiv), respectively.

(2) Nonpreemption of state law.-- Section 403 of such Act

(2 U.S.C. 453) is amended--

(A) by striking “The provisions of this Act" and inserting

"(a) In General.--Subject to subsection (b), the provisions of

this Act"; and

(B) by adding at the end the following:

"(b) State and Local Committees of Political Parties.--

Notwithstanding any other provision of this Act, a State or

local committee of a political party may, subject to State law,

use exclusively funds that are not subject to the prohibitions,

limitations, and reporting requirements of the Act for the

purchase or construction of an office building for such State

or local committee.

TITLE II—NONCANDIDATE CAMPAIGN EXPEN-

DITURES

Subtitle A--Electioneering Communications

Sec. 201. DISCLOSURE OF ELECTIONEERING COM-

MUNICATIONS.

(a) In General.-Section 304 of the Federal Election Cam-

paign Act of 1971 (2 U.S.C. 434), as amended by section

103, is amended by adding at the end the following new sub-

section:

2la

"(f) Disclosure of Electioneering Communications.--

"(1) Statement required.-- Every person who makes a dis-

bursement for the direct costs of producing and airing elec-

tioneering 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 dis-

bursement, of any person sharing or exercising direction or

control over the activities of such person, and of the custo-

dian of the books and accounts of the person making the dis-

bursement.

"(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 identifica-

tion of the person to whom the disbursement was made.

"(D) The elections to which the electioneering communi-

cations 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 sec-

tion 101(a)(20) of the Immigration and Nationality Act (8

U.S.C. 1101(a)(20))) directly to this account for electioneer-

ing communications, the names and addresses of all con-

22a

tributors 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 disclo-

sure date. Nothing in this subparagraph is to be construed as

a prohibition on the use of funds in such a segregated ac-

count for a purpose other than electioneering communica-

tions.

"(F) If the disbursements were paid out of funds not de-

scribed 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 communica-

tion’ means any broadcast, cable, or satellite communication

which--

"(I) refers to a clearly identified candidate for Federal of-

fice;

"(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

“(IID) in the case of a communication which refers to a

23a

candidate for an office other than President or Vice reeei-

dent, 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 broadcasi, cable, or satellite communication which pro-

motes 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 communica-

tion’ does not include--

"(i) a communication appearing in a news story, commen-

tary, or editorial distributed through the facilities of any

broadcasting station, unless such facilities are owned or con-

trolled by any political party, political committee, or candi-

date;

"(ii) a communication which constitutes an expenditure or

an independent expenditure under this Act;

“(iii) a communication which constitutes a candidate de-

bate 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 regu-

lations as the Commission may promulgate (consistent with

24a °

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 identi-

fied 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 pro-

ducing 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 pro-

ducing 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 subsec-

tion, a person shall be treated as having made a disbursement

if the person has executed a contract to make the disburse-

25a

ment.

"(6) Coordination with other requirements.-- Any re-

quirement 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 elec-

tioneering 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 can-

didate for public office) for purposes of the Internal Revenue

Code of 1986.".

(b) Responsibilities of Federal Communications Com-

mission. --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 subsec-

tion (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. 44]a(a)(7)) is amended--

(1) by redesignating subparagraph (C) as subparagraph

(D); and

(2) by inserting after subparagraph (B) the following:

"(C) if--

26a

"(i) any person makes, or contracts to make, any dis-

bursement 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 con-

tribution to the candidate supported by the electioneering

communication or that candidate's party and as an expendi-

ture by that candidate or that candidate's party; and".

Sec. 203. PROHIBITION OF CORPORATE AND LA-

BOR DISBURSEMENTS FOR ELECTIONEERING

COMMUNICATIONS.

(a) In General.--Section 316(b)(2) of the Federal Election

Campaign Act of 1971 (2 U.S.C. 44] b(b)(2)) is amended by

inserting “or for any applicable electicneering communica-

tion" before ", but shall not include”.

(b) Applicable Electioneering Communication.--Section

316 of such Act is amended by adding at the end the follow-

ing:

"(c) Rules Relating to Electioneering Communications.--

"(1) Applicable electioneering communication.-- For pur-

poses of this section, the term ‘applicable electioneering

communication’ means an electioneering communication

(within the meaning cf 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.

27a

"(2) Exception.-- Notwithstanding paragraph (1), the term

‘applicable electioneering communication’ does not include a

communication by a section 501(c)(4) organization or a po-

litical organization (as defined in section 527(e)(1) of the In-

ternal Revenue Code of 1986) made under section

304(f)(2)(E) or (F) of this Act if the communication is paid

for exclusively by funds provided directly by individuals who

are United States citizens or nationals or lawfully admitted

for permanent residence (as defined in section 101(a)(20) of

the Immigration and Nationality Act (8 U.S.C. 1]10](a)(20))).

For purposes of the preceding sentence, the term ‘provided

directly by individuals’ does not include funds the source of

which is an entity described in subsection (a) of this section.

"(3) Special operating rules.----

"(A) Definition under paragraph (1).--An electioneering

communication shall be treated as made by an entity de-

scribed 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 com-

munication out of a segregated account to which only indi-

viduals can contribute, as described in section 304(f)(2)(E).

- "(4) Definitions and rules.-- For purposes of this subsec-

tion--

"(A) the term ‘section 501(c)(4) organization’ means--

"(i) an organization described in section 501(c)(4) of the

28a

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 disburse-

ment if the person has executed a contract to make the dis-

bursement.

"(5) Coordination with internal revenue code.-- Nothing

in this subsection shall be construed to authorize an organi-

zation exempt from taxation under section 501(a) of the In-

ternal Revenue Code of 1986 to carry out any activity which

is prohibited under such Code.".

Sec. 204. RULES RELATING TO CERTAIN TAR-

GETED 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 organizatior. described in such paragraph.

"(B) Targeted communication.--For purposes of subpara-

graph (A), the term ‘targeted communication’ means an elec-

tioneering 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

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office other than President or Vice President, is targeted to

the rele vant electorate.

"(C) Definition.--For purposes of this paragraph, a com-

munication 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 EXPENDI-

TURE.

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 CER-

TAIN INDEPENDENT EXPENDITURES.

(a) In General.--Section 304 of the Federal Election Cam-

paign Act of 1971 (2 U.S.C. 434) (as amended by section

201) is amended--

(1) in subsection (c)(2), by striking the undesignated mat-

ter after subparagraph (C); and

30a

(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 com-

mittee) that makes or contracts to make independent expen-

ditures 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 un-

der subparagraph (A), the person shall file an additional re-

port within 24 hours after each time the person makes or con-

tracts to make independent expenditures aggregating an addi-

tional $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 com-

mittee) 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 un-

der subparagraph (A), the person shall file an additional re-

port within 48 hours after each time the person makes or con-

tracts to make independent expenditures aggregating an addi-

tional $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 sub-

3la

section--

"(A) shall be filed with the Commission; and

"(B) shall contain the information required by subsection

(b)(6)(B)(iii), including the name of each candidate whom an

expenditure is intended to support or oppose.”.

(b) Time of Filing of Certain Statements.--

(1) In general.-- Section 304(g) of such Act, as added by

subsection (a), is amended by adding at the end the follow-

ing:

"(4) Time of filing for expenditures aggregating $1,000.--

Notwithstanding subsection (a)(5), the time at which the

Statement under paragraph (1) is received by the Commission

or any other recipient to whom the notification is required to

be sent shall be considered the time of filing of the statement

with the recipient.”.

(2) Conforming amendments.-- (A) Section 304(a)(5) of

such Act (2 U.S.C. 434(a)(5)) is amended by striking “the

second sentence of subsection (c)(2)” and inserting "subsec-

tion (g)(1)”.

(B) Section 304(d)(1) of such Act (2 U.S.C. 434(d)(1)) is

amended by inserting “or (g)" after "subsection (c)".

Sec. 213. INDEPENDENT VERSUS COORDINATED

EXPENDITURES BY PARTY.

Section 315(d) of the Federal Election Campaign Act of

1971 (2 U.S.C. 441a(d)) is amended--

(1) in paragraph (1), by striking "and (3)" and inserting ",

(3), and (4)"; and

32a

(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 cy-

cle 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 po-

litical committees established and maintained by a national

political party (including ll 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

33a

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 Elec-

tion Campaign Act of 1971 (2 USC 44la(a)(7\(B)) is

amended--

(1) by redesignating clause (ii) as clause (iii); and

(2) by inserting after clause (i) the following new clause:

“(ii) expenditures made by any person (other than a can-

didate 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 promul-

gate new regulations under subsection (c) (as described in

section 402(c)(1)).

The Federal Election Commission shall promulgate new

regulations on coordinated communications paid for by per-

sons other than candidates, authorized committees of candi-

dates, and party committees. The regulations shall not require

34a

agreement or formal collaboration to establish coordination.

In addition to any subject determined by the Commission, the

regulations shall address--

(1) payments for the republication of campaign materials;

(2) payments for the use of a common vendor;

(3) payments for communications directed or made by

persons who previously served as an employee of a candidate

or a political party; and

(4) payments for communications made by a person after

substantial discussion about the communication with a can-

didate or a political party.

(d) Meaning of Contribution or Expenditure for the Pur-

poses of Section 316.--Section 316(b)(2) of the Federal Elec-

tion Campaign Act of 1971 (2 U.S.C. 441 b(b)(2)) is amended

by striking "shall include" and inserting “includes a contribu-

tion or expenditure, as those terms are defined in section 301,

and also includes”.

TITLE Ill--MISCELLANEOUS

Sec. 301. USE OF CONTRIBUTED AMOUNTS FOR

CERTAIN PURPOSES.

Title I] 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. <2 USC 439a> USE OF CONTRIBUTED

AMOUNTS FOR CERTAIN PURPOSES.

"(a) Permitted Uses.--A contribution accepted by a candi-

35a

date, 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 indi-

vidual;

"(2) for ordinary and necessary expenses incurred in con-

nection with duties of the individual as a holder of Federal

office;

"(3) for contributions to an organization described in sec-

tion 170(c) of the Internal Revenue Code of 1986: or

"(4) for transfers, without limitation, to a national, State,

or local committee of a political party.

"(b) Prohibited Use.--

"(1) In general.-- A contribution or donation described in

subsection (a) shall not be converted by any person to per-

sonal 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 fulfil!

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;

36a

"(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

"(T) dues, fees, and other payments to a health club or rec-

reational facility.”.

Sec. 302. PROHIBITION OF FUNDRAISING ON FED-

ERAL 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 so-

licit or receive a donation of money or other thing of value in

connection with a Federal, State, or local election from a per-

son who is located in a room or building occupied in the dis-

charge 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 so-

licit 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

37a

any person.

"(2) Penalty.-- A person who violates this section shall be

fined not more than $5,000, imprisoned not more than 3

years, or both.”; and

(2) in subsection (b), by inserting “or Executive Office of

the President" after “Congress”.

Sec. 303. STRENGTHENING FOREIGN MONEY BAN.

Section 319 of the Federal Election Campaign Act of

1971 (2 U.S.C. 44]e) 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 politi-

cal party; or

"“(C) an expenditure, independent expenditure, or dis-

"BurSement for an electioneering communication (within the

meaning of section 304(f)(3)); or

"(2) a person to solicit, accept, or receive a contribution or

38a

donation described in subparagraph (A) or (B) of paragraph

(1) from a foreign national.”.

Sec. 304. MODIFICATION OF INDIVIDUAL CON-

TRIBUTION LIMITS IN RESPONSE TO EXPENDI-

TURES FROM PERSONAL FUNDS.

(a) Increased Limits for Individuals.--Section 315 of the

Federal Election Campaign Act of 1971 (2 U.S.C. 44]a) is

amended--

(1) in subsection (a)(1), by striking "No person” and in-

serting "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 opposi-

tion 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 subsec-

tion 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 for-

mula.--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--

"(1) $150,000, and

39a

"(I) $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

"(ID 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 sub-

paragraph (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

"(I1) 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 sub-

paragraph (A) during a period in which the candidate may

accept such a contribution; and

40a

"(iii) 10 times the threshold amount--

"(T) the increased limit shall be 6 times the applicable

limit;

"(ID 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 sub-

paragraph (A) during a period in which the candidate may

accept such a contribution, and

"(II1) 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 ex-

penditure, 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

4la

“(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 ex-

penditure 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 commit-

tee under the increased limit under paragraph (1) and not

otherwise expended in connection with the election with re-

spect 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.

“Q) 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 con-

nection 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 af-

ter the date of such election.".

42a

(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 -ubparagraph

(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

"(I) 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 can-

didate for the office of Senator, the candidate shall file a dec-

laration stating the total amount of expenditures from per-

sona: 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

"(ID each candidate in the same election.

"(iii) Initial notification.--Not later than 24 hours after a

43a

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--

"(D 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 per-

sonal funds are made or obligated to be made in an aggregate

amount that exceed $10,000 with--

"(D the Commission; and

"(ID each candidate in the same election.

Such notification shall be filed not later than 24 hours af-

ter the expenditure is made.

"(v) Contents.--A notification under clause (iil) or (iv)

shall include--

"(D) the name of the candidate and the office sought by

the candidate;

"(ID the date and amount of each expenditure; and

"() 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

44a

the next regularly scheduled report after the date of the elec-

tion 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 re-

port 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 en-

torcement of the reporting requirements under this para-

graph, see section 309.".

Campaign Act of 1971 (2 U.S.C. 431), as amended by sec-

tion 101(b), is further amended by adding at the end the fol-

lowing:

"(25) Election cycle.-- For purposes of sections 315(i)

and 315A and paragraph (26), the term ‘election cycle’ means

the period beginning on the day after the date of the most re-

cent 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 pri-

mary 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

45a

“(1i) 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 em-

ployment;

"(ii) dividends and proceeds from the sale of the candi-

date's stocks or other investments:

“(1li) 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 elec-

tion cycle; and

"(vii) proceeds ‘rom lotteries and similar legal games of

chance; and

"(C) a portion of assets that are jointly owned by the can-

didate 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 instru-

ment of conveyance or ownership, the value of 1/2 of the

property.”.

46a

Sec. 305. LIMITATION ON AVAILABILITY OF

LOWEST UNIT CHARGE FOR FEDERAL CANDI-

DATES ATTACKING OPPOSITION.

(a) In General.--Section 315(b) of the Communications

Act of 1934 (47 U.S.C. 315(b)) is amended--

(1) by stwiking "“b) The charges" and inserting the follow-

ing:

"(b) Charges.--

"(1) In general.-- The charges";

(2) by redesignating paragraphs (1) and (2) as subpara-

graphs (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 of-

fice, such candidate shall not be entitled to receive the rate

under paragraph (1)(A) for the use of any broadcasting sta-

tion 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 refer-

ence to another candidate for the same office, in any broad-

cast using the rights and conditions of access under this Act,

unless such reference meets the requirements of subpara-

graph (C) or (D).

"(B) Limitation on charges.--If a candidate for Federal of-

fice (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),

47a

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 de-

scribed in paragraph (1)(A), that occur on or after the date of

such broadce st, for election to such office.

"(C) Television broadcasts.-A candidate meets the re-

quirements »f this subparagraph if, in the case of a television

broadcast, ai the end of such broadcast there appears simul-

taneously, for a period no less than 4 seconds--

“(i) a clearly identifiable photographic or similar image of

the candidate; and

“(ti) a clearly readable printed statement, identifying the

candidate and stating that the canvidate has approved the

broadcast and that the candidate's authorized committee paid

for the broadcast.

"(D) Radio broadcasts.--A candidate meets the require-

ments of this subparagraph if, in the case of a radio broad-

cast, the broadcast includes a personal audio statement by the

candidate that identifies the candidate, the office the candi-

date 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 pur-

chase.

48a

(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”.

tion 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 de-

velop software that--

“(I) permits candidates to easily record information con-

cerning receipts and disbursements required to be reported

under this Act at the time of the receipt or disbursement,

“(ID allows the information recorded under subclause (I)

to be transmitted immediately to the Commission; and

“(IID) allows the Commission to post the information on

the Internet immediately upon receipt; and

"(ii) make a copy of software that meets the standards

under clause (i) available to each person re-

quired to file a designation, statement, or report in electronic

49a

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 un-

der 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 un-

der this paragraph ".

Sec. 307, MODIFICATION OF CONTRIBUTION LIM-

ITS.

(a) Increase in Individual Limits for Certain Contribu-

tuns.--Section 315(a)(1) of the Federal Election Campaign

Act of 1971 (2 U.S.C. 44]a(a)(1)) is amended--

(1) in subparagraph (A), by striking "$1,000" and insert-

ing "$2,000"; and

(2) in subparagraph (B), by striking "$20,000" and insert-

ing "$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. 44Ja(a)(3)) is amended to

read as follows:

S0a

"(3) During the period which begins on January | 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 contn-

butions to political committees which are not political com-

mittees of national political parties.”.

Section 315(h) of the Federal Election Campaign Act of

1971 (2 U.S.C. 44la(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.

44] a(c)) is amended--

(1) in paragraph (1)--

(A) by striking the second and third sentences;

(B) by inserting "(A)" before “At the beginning"; and

"(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 per-

cent difference determined under subparagraph (A),

Sla

"(ii) each amount so increased shal! 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 fol-

lowing the date of the last general election in the year preced-

ing 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

“(i) 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 sec-

tion shall apply with respect to contributions made on or af-

ter January |, 2003.

Sec. 308. DONATIONS TO PRESIDENTIAL INAUGU-

RAL COMMITTEE.

(a) In General.--Chapter 5 of title 36, United States Code,

is amended by--

(1) redesignating section 510 as section 511; and

52a

(2) inserting after section 509 the following:

"Sec. 510. Disclosure of and prohibition on certain dona-

tions

"(a) Ir General.--A committee shall not be considered to

be the uiaugural 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 commit-

tee 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 dona-

tion,

"(c) Limitation.--The committee shall not accept any do-

nation from a foreign national (as defined in section 319(b)

of the Federal Election Campaign Act of 1971 (2 U.S.C.

44 1e(b))).".

(b) Reports Made Available by FEC.--Section 304 of the

Federal Election Campaign Act of 1971 (2 U.S.C. 434), as

53a

amended by sections 103, 201, and 212 is amended by add-

ing 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 SOLICI-

TATION 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, writ-

ing, 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 para-

graph (1).".

Sec. 310. STUDY AND REPORT ON CLEAN MONEY

CLEAN ELECTIONS LAWS.

(a) Clean Money Clean Elections Defined.--In this sec-

54a

tion, the term "clean money clean elections" means funds re-

ceived 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;

(Il) whether the candidate was an incumbent or a chal-

lenger; and .

(Il) whether the candidate was successful in the candi-

date'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 elec-

tions laws on the 2000 elections in Arizona and Maine.

ment of this Act, the Comptroller General of the United

States shall submit a report to the Congress detailing the re-

55a

sults of the study conducted under subsection (b).

Sec. 311. CLARITY STANDARDS FOR IDENTIFICA-

TION OF SPONSORS OF ELECTION-RELATED AD-

VERTISING.

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 po-

litical committee makes a disbursement for the purpose of

financing any communication through any broadcasting sta-

tion, newspaper, magazine, outdoor advertising facility, mail-

ing, or any other type of general public political advertising,

or whenever";

(ii) by striking "an expenditure" and inserting "a dis-

bursement";

(iii) by striking "direct"; and

(iv) by inserting "or makes a disbursement for an election-

eering 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" af-

ter "name"; and

(2) by adding at the end the following:

"(c) Specification.--Any printed communication described

in subsection (a) shall--

56a

"(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 froin 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 per-

sons. --

"(A) By radio.--Any communication described in para-

graph (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 iden-

tifies 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 require-

ments of that paragraph, a statement that identifies the candi-

date and states that the candidate has approved the communi-

cation. 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 can-

didate; and

57a

"(ii) shall also appear in writing at the end of the commu-

nication in a clearly readable manner with a reasonable de-

gree 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 trans-

mitted through radio or television shall include, in addition to

the requirements of that paragraph, in a clearly spoken man-

ner, the following audio statement: 'G7 XXXXX is respon-

sible 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 commit-

tee or other person making the statement, or by a representa-

tive 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 back-

ground 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.

4372(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 impris-

58a

oned 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 im-

prisoned for not more than | year, or both.".

(b) Effective Date.--The amendment made by this sec-

tion shall apply to violations occurring on or after the effec-

tive 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 Commis-

sion shall--

(1) promulgate a guideline, or amend an existing guide-

line under section 994 of title 28, United States Code, in ac-

cordance with paragraph (2), for penalties for violations of

the Federal Election Campaign Act of 1971 and related elec-

tion laws; and

(2) submit to Congress an explanation of any guidelines

promulgated under paragraph (1) and any legislative or ad-

ministrative recommendations regarding enforcement of the

Federal Election Campaign Act of 1971 and related election

laws.

59a

(b) Considerations.--The Commission shall provide

guidelines under subsection (a) taking into account the fol-

lowing 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 ac-

tion 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 for-

eign source;

(B) a large number of illegal transactions; |

donations, or expenditures;

(D) the receipt or disbursement of governmental funds:

and

(E) an intent to achieve a benefit from the Federal Gov-

ernment.

(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.

60a

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 author-

ity 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 sec-

tion 320, which is not less than 300 percent of the amount

involved in the violation and is not more than the greater of

$50,000 or 1,000 percent of the amount involved in the

violation)"; and

(2) in paragraph (6)(C), by inserting before the period at

the end the following: "(or, in the case of a violation of sec-

tion 320, which is not less than 300 percent of the amount

6la

involved in the violation aad is not more than the greater of

$50,000 or 1,000 percent of the amount involved in the

violation)".

(b) Increase in Criminal Penalty.--Section 309(d)(1) of

such Act (2 U.S.C. 437g(d)(1)) is amended by adding at the

end the following new subparagraph:

"(D) Any person who knowingly and willfully commits a

violation of section 320 involving an amount aggregating

more than $10,000 during a calendar year shall be--

"(i) imprisoned for not more than 2 years if the amount is

less than $25,000 (and subject to imprisonment under

subparagraph (A) if the amount is $25,000 or more):

"(ii) fined not less than 300 percent of the amount in-

volved in the violation and not more than the greater of--

"(T) $50,000; or

"(I1) 1,000 percent of the amount involved in the viola-

tion; or

"(iii) both imprisoned under clause (i) and fined under

clause (ii).".

tion shall apply with respect to violations occurring on or af-

ter the effective date of this Act.

Sec. 316. RESTRICTION ON INCREASED CONTRI-

BUTION LIMITS BY TAKING INTO ACCOUNT CAN-

DIDATE'S AVAILABLE FUNDS.

62a

Section 315(i)(1) of the Federal Election Campaign Act of

1971 (2 U.S.C. 44]a(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 subpara-

graph (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--

"(TD 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 elec-

tion, as determined on June 30 and December 31 of the year

preceding the year in which a general election is held, over

“(I) 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 NATION-

ALS OF THE UNITED STATES TO MAKE POLITI-

CAL CONTRIBUTIONS.

Section 319(b)(2) of the Federal Election Campaign Act

of 1971 (2 U.S.C. 44]e(b)(2)) is amended by inserting after

63a

“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 Il of the Federal Election Campaign Act of 1971 (2

U.S.C. 43] 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 <2 USC 441i> 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 CON-

TRIBUTION LIMITS FOR HOUSE CANDIDATES IN

RESPONSE TO EXPENDITURES FROM PERSONAL

FUNDS.

(a) Increased Limits.--Title [Il of the Federal Election

Campaign Act of 1971 (2 U.S.C. 43] et seq.) is amended by

inserting after section 315 the following new section:

“modification of certain limits for house candidates in re-

sponse to personal fund expenditures of opponents

"Sec. 315A. <2 USC 44]a-]> (a) Availability of In-

creased Limit--

"(1) In general.-- Subject to paragraph (3), if the opposi-

tion personal funds amount with respect to a candidate for

election to the office of Representative in, or Delegate or

64a

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 op-

posing 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 aggre-

gate amount of expenditures from personal funds under sub-

paragraph (A), such amount shall include the gross receipts

advantage of the candidate's authorized committee.

"(ii) Gross receipts advantage.--For purposes of clause

65a

(i), the term ‘gross receipts advantage’ means the excess, if

any, of--

"(1 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 elec-

tion, as determined on June 30 and December 31 of the year

preceding the year in which a general election is held, over

“(ID) 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 candi-

date and the candidate's authorized committee shall not ac-

cept 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 undur 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.

66a

"(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 ex-

penditure 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 commit-

tee under the increased limit under paragraph (1) and not

otherwise expended in connection with the election with re-

spect to which such contributions relate shall, not later than

50 das 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’

"(i) an expenditure made by a canc.date using personal

funds; and

“(ii) a contribution or loan made by a candidate using per-

sonal funds or a loan secured using such funds to the candi-

date's authorized committee.

67a

"(B) Declaration of intent.--Not later than the date that is

15 days after the date on which an individual becomes a can-

didate for the office of Representative in, or Delegate or

Resident Commissioner to, the 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 re-

spect to an election as of the date of the expenditure that is

the subject of the notification.

68a

"(F) Place of filing.--Each declaration or notification re-

quired 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 nat.onal

party of each such candidate. |

"(2) Notification of disposal of excess contributions.-- In

the next regularly scheduled report after the date of the elec-

tion 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 re-

port indicating the source and amount of any excess contri-

butions (as determined under subsection (a)) and the manner

in which the candidate or the candidate's authorized commit-

tee used such funds.

"(3) Enforcement.-- For provisions providing for the en-

forcement of the reporting requirements under this subsec-

tion, see section 309.".

(b) Conforming Amendment.--Section 315(a)(1) of the

Federal Election Campaign Act of 1971 (2 U.S.C. 44Ja), as

amended by section 304(a), is amended by striking "subsec-

tion (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 amendmeat to any

person or circumstance, is held to be unconstitutional, the

remainder of this Act and amendments made by this Act, and

69a

the application of the provisions and amendment to any per-

son or circumstance, shall not be affected by the holding.

Sec. 402. EFFECTIVE DATES AND REGULATIONS.

(a) General Effective Date.--

(1) In general.-- Except as provided in the succeeding provi-

sions of this section, the effective date of this Act, and the

amendments made by this Act, is November 6, 2002.

(2) Modification of contribution limits.-- The amendments

made by--

(A) section 102 shall apply with respect to contributions

made on or after January 1, 2003; and °

(B) section 307 shall take effect as provided in subsection

(e) of such section.

(3) Severability; effective dates and regulations; judicial

review.-- Title IV shall take effect on the date of enactment

of this Act.

(4) Provisions not to apply to runoff elections.-- Section

323(b) of the Federal Election Campaign Act of 1971 (as

added by section 101(a)), section 103(a), title II, sections 304

(including section 315(j) of Federal Election Campaign Act

of 1971, as added by section 304(a)(2)), 305 (notwithstand-

ing subsection (c) of such section), 311, 316, 318, and 319,

and title V (and the amendments made by such sections and

titles) shall take effect on November 6, 2002, but shall not

apply with respect to runoff elections, recounts, or election

contests resulting from elections held prior to such date.

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

70a

(1) In general.-- Except for subsection (b) of such section,

section 323 of the Federal Election Campaign Act of 1971

(as added by section 101(a)) shall take effect on November 6,

2002.

(2) Transitional rules for the spending of soft money of

national political parties.----

(A) In general.--Notwithstanding section 323(a) of the

Federal Election Campaign Act of 1971 (as added by section

101(a)), if a national committee of a political party described

in such section (including any person who is subject to such

section under paragraph (2) of such section), has received

funds described in such section prior to November 6, 2002,

the rules described in subparagraph (B) shall apply with re-

spect to the spending of the amount of such funds in the pos-

session of such committee as of such date.

(B) Use of excess soft money funds.--

(i) In general.--Subject to clauses (ii) and (iii), the national

committee of a political party may use the amount described

in subparagraph (A) prior to January 1, 2003, solely for the

purpose of--

(I) retiring outstanding debts or obligations that were in-

curred solely in connection with an election held prior to No-

vember 6, 2002; or

(Il) paying expenses or retiring outstanding debts or pay-

ing for obligations that were incurred solely in connection

with any runoff election, recount, or election contest result-

ing from an election held prior to November 6, 2002.

(ii) Prohibition on using soft money for hard money ex-

penses, debts, and obligations.--A national committee of a

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political party may not use the amount described in subpara-

graph (A) for any expenditure (as defined in section 301(9)

of the Federal Election Campaign Act of 1971 (2 U.S.C.

431(9))) or for retiring outstanding debts or obligations that

were incurred for such an expenditure.

(iii) Prohibition of building fund uses.--A national com-

mittee of a political party may not use the amount described

in subparagraph (A) for activities to defray the costs of the

construction or purchase of any office building or facility.

(1) In general.-- Except as provided in paragraph (2), the

Federal Election Commission shall promulgate regulations to

carry out this Act and the amendments made by this Act that

are under the Commission's jurisdiction not later than 270

days after the date of enactment of this Act.

(2) Soft money of political parties.-- Not later than 90

days after the date of enactment of this Act, the Federal Elec-

tion Commission ‘shall promulgate regulations to carry out

title I of this Act and the amendments made by such title.

Sec. 403. JUDICIAL REVIEW.

(a) Special Rules for Actions Brought on Constitutional

Grounds.--If any action is brought for declaratory or injunc-

tive relief to challenge the constitutionality of any provision

of this Act or any amendment made by this Act, the follow-

ing 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.

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(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 ap-

peal.

(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 constitu-

tionality of the provision or amendment. To avoid duplica-

tion 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 interve-

nors taking similar positions to file joint papers or to be rep-

resented by a single attorney at oral argument.

Congress may bring an action, subject to the special rules de-

scribed in subsection (a), for declaratory or injunctive relief

to challenge the constitutionality of any provision of this Act

or any amendment made by this Act.

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(d) Applicability.--

(1) Initial claims.-- With respect to any action initially

filed on or before December 31, 2006, the provisions of sub-

section (a) shall apply with respect to each action described

in such section.

(2) Subsequent actions.-- With respect to any action ini-

tially filed after December 31, 2006, the provisions of sub-

section (a) shall not apply to any action described in such

section unless the person filing such action elects such provi-

sions to apply to the action. :

TITLE V--ADDITIONAL DISCLOSURE PROVISIONS

Sec. 501. INTERNET ACCESS TO RECORDS.

Section 304(a)(11)(B) of the Federal Election Campaign

Act of 1971 (2 U.S.C. 434(a)(11)(B)) is amended to read as

follows:

"(B) The Commission shall make a designation, state-

ment, report, or notification that is filed with the Commis-

sion 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 ELEC-

TION 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.

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(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.

ecutive agency receiving election-related information which

that agency is required by law to publicly disclose shall co-

operate and coordinate with the Federal Election Commis-

sion to make such report available through, or for posting on,

the site of the Federal Election Commission in a timely man-

ner.

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 Decem-

ber 31 shall be filed not later than January 31 of the follow-

ing 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: "Notwith-

standing the preceding sentence, a national committee of a

political party shall file the reports required under subpara-

graph (B)."”.

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Sec. 504, PUBLIC ACCESS TO BROADCASTING RE-

CORDS.

Section 315 of the Communications Act of 1934 (47

U.S.C. 315), as amended by this Act, is amended by redesig-

nating subsections (e) and (f) as subsections (f) and (g), re-

spectively, 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 re-

quest to purchase broadcast time that--

"(A) is made by or on behalf of a legally qualified candi-

date 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 U.. request to purchase broadcast time is ac-

cepted or rejected by the licensee;

"(B) the rate charged for the broadcast time;

"(C) the date and time on which the communication is

aired;

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"(D) the class of time that is purchased;

“(E) the name of the candidate to which the communica-

tion 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 commit-

tee of the candidate, and the treasurer of such committee; and

“(G) in the case of any other request, the name of the per-

son purchasing the time, the name, address, and phone num-

ber 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 un-

der 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.”.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.