107TH CONGRESS
1ST SESSION
S.
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 Representa-
tives 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 2001''.
(b) TABLE OF CONTENTS. The table of
contents of
this Act is as
follows:
Sec. 1. Short title;
table of contents.
TITLE I REDUCTION OF
SPECIAL INTEREST INFLUENCE
Sec. 101. Soft money
of political parties.
Sec. 102. Increased
contribution limits for State committees of political parties
and aggregate
contribution limit for individuals.
Sec. 103. Reporting
requirements.
TITLE II NONCANDIDATE
CAMPAIGN EXPENDITURES
Subtitle A
Electioneering Communications
Sec. 201. Disclosure
of electioneering communications.
Sec. 202. Coordinated
communications as contributions.
Sec. 203. Prohibition
of corporate and labor disbursements for electioneering
communications.
Sec. 204. Rules
relating to certain targeted electioneering communications.
Subtitle B
Independent and Coordinated Expenditures
Sec. 211. Definition
of independent expenditure.
Sec. 212. Reporting
requirements for certain independent expenditures.
Sec. 213. Independent
versus coordinated expenditures by party.
Sec. 214.
Coordination with candidates or political parties.
TITLE III
MISCELLANEOUS
Sec. 301. Use of
contributed amounts for certain purposes.
Sec. 302. Prohibition
of fundraising on Federal property.
Sec. 303.
Strengthening foreign money ban.
Sec. 304.
Modification of individual contribution limits in response to expendi-
tures from personal
funds.
Sec. 305. Television
media rates.
Sec. 306. Limitation
on availability of lowest unit charge for Federal candidates
attacking opposition.
Sec. 307. Software
for filing reports and prompt disclosure of contributions.
Sec. 308.
Modification of contribution limits.
Sec. 309. Television
media rates for national parties conditioned on adherence
to existing
coordinated spending limits.
Sec. 310. Donations
to Presidential Inaugural Committee.
Sec. 311. Prohibition
on fraudulent solicitation of funds.
Sec. 312. Study and
report on clean money clean elections laws.
Sec. 313. Clarity
standards for identification of sponsors of election-related ad-
vertising.
Sec. 314. Increase in
penalties.
Sec. 315. Statute of
limitations.
Sec. 316. Sentencing
guidelines.
Sec. 317. Increase in
penalties imposed for violations of conduit contribution
ban.
Sec. 318. Restriction
on increased contribution limits by taking into account
candidate's available
funds.
TITLE IV
SEVERABILITY; EFFECTIVE DATE
Sec. 401.
Severability.
Sec. 402. Effective
date.
Sec. 403. Expedited
review.
TITLE V ADDITIONAL
DISCLOSURE PROVISIONS
Sec. 501. Internet
access to records.
Sec. 502. Maintenance
of website of election reports.
Sec. 503. Additional
monthly and quarterly disclosure reports.
Sec. 504. Public
access to broadcasting records.
TITLE IREDUCTION
OF
SPECIAL INTEREST
INFLUENCE
SEC. 101. SOFT MONEY
OF POLITICAL PARTIES.
(a) IN GENERAL. Title III of the
Federal Election
Campaign Act of 1971
(2 U.S.C. 431 et seq.) is amended
by adding at the end
the following:
SEC. 323.
SOFT MONEY OF POLITICAL PARTIES.
``(a) NATIONAL COMMITTEES.
``(1) IN GENERAL. A national
committee of a
political party
(including a national congressional
campaign committee of
a political party) may not so-
licit, receive, or
direct to another person a contribu-
tion, donation, or
transfer of funds or any other
thing of value, or
spend any funds, that are not sub-
ject to the
limitations, prohibitions, and reporting
requirements of this
Act.
``(2) APPLICABILITY. The prohibition estab-
lished by paragraph
(1) applies to any such national
committee, any
officer or agent of such a national
committee, and any
entity that is directly or indi-
rectly established,
financed, maintained, or con-
trolled by such a
national committee.
``(b) STATE, DISTRICT, AND LOCAL COMMITTEES.
``(1) IN GENERAL. (A) Except as
provided in
paragraph (2), an
amount that is expended or dis-
bursed for Federal
election activity by a State, dis-
trict, or local
committee of a political party (includ-
ing 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 entity directly or indi-
rectly established,
financed, maintained, or con-
trolled by or acting
on behalf of 1 or more can-
didates for State or
local office, or individuals hold-
ing State or local
office, shall be made from funds
subject to the
limitations, prohibitions, and reporting
requirements of this
Act.
``(B) Nothing in this
subsection shall prevent
the authorized
campaign committee of a candidate
for State or local
office from raising and spending
funds permitted under
applicable State law other
than for a Federal
election activity that refers to a
clearly identified
candidate for election to Federal
office.
``(2) APPLICABILITY.
``(A) IN GENERAL. Notwithstanding
clause (i) or (ii) of
section 301(20)(A), and sub-
ject to subparagraph
(B), paragraph (1) shall
not apply to any
amount expended or disbursed
by a State, district,
or local committee of a po-
litical party for an
activity described in either
such clause to the
extent the expenditures or
disbursements for
such activity are allocated
under regulations
prescribed by the Commission
as expenditures or
disbursements that may be
paid from funds not
subject to the limitations,
prohibitions, and
reporting requirements of this
Act.
``(B) CONDITIONS. Subparagraph (A)
shall only apply if
``(i) the activity
does not refer to a
clearly identified
candidate for Federal of-
fice; and
``(ii) the
expenditures or disburse-
ments described in
subparagraph (A) are
paid directly or
indirectly from amounts
donated in accordance
with State law, ex-
cept that no person
(and any person estab-
lished, financed,
maintained, or controlled
by such person) may
donate more than
$10,000 to a State,
district or local com-
mittee of a political
party in a calendar
year to be used for
the expenditures or dis-
bursements described
in subparagraph (A).
``(c) FUNDRAISING COSTS. An amount spent
by a
person described in
subsection (a) or (b) to raise funds
that are used, in
whole or in part, to pay the costs of
a Federal election
activity shall be made from funds sub-
ject to the
limitations, prohibitions, and reporting require-
ments of this Act.
``(d) TAX-EXEMPT ORGANIZATIONS. A national,
State, district, or
local committee of a political party (in-
cluding a national
congressional campaign committee of
a political party),
an entity that is directly or indirectly
established,
financed, maintained, or controlled by any
such national, State,
district, or local committee or its
agent, and an officer
or agent acting on behalf of any such
party committee or
entity, shall not solicit any funds for,
or make or direct any
donations to
``(1) an organization
that is described in section
501(c) of the
Internal Revenue Code of 1986 and
exempt from taxation
under section 501(a) of such
Code (or has
submitted an application for deter-
mination of tax
exempt status under such section);
or
``(2) an organization
described in section 527 of
such Code (other than
a political committee).
``(e) CANDIDATES.
``(1) IN GENERAL. A candidate,
individual
holding Federal
office, agent of a candidate or an in-
dividual holding
Federal office, or an entity directly
or indirectly
established, financed, maintained or
controlled by or
acting on behalf of 1 or more can-
didates or
individuals holding Federal office, shall
not
``(A) solicit,
receive, direct, transfer, or
spend funds in
connection with an election for
Federal office,
including funds for any Federal
election activity,
unless the funds are subject to
the limitations,
prohibitions, and reporting re-
quirements of this
Act; or
``(B) solicit,
receive, direct, transfer, or
spend funds in
connection with any election
other than an
election for Federal office or dis-
burse funds in
connection with such an election
unless the funds
``(i) are not in
excess of the amounts
permitted with
respect to contributions to
candidates and
political committees under
paragraphs (1) and
(2) of section 315(a);
and
``(ii) are not from
sources prohibited
by this Act from
making contributions in
connection with an
election for Federal of-
fice.
``(2) STATE LAW. Paragraph (1) does
not
apply to the
solicitation, receipt, or spending of
funds by an
individual who is a candidate for a
State or local office
in connection with such election
for State or local
office if the solicitation, receipt, or
spending of funds is
permitted under State law for
any activity other
than for a Federal election activity
that refers to a
clearly identified candidate for elec-
tion to Federal
office.
``(3) FUNDRAISING EVENTS. Notwithstanding
paragraph (1), 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.''.
(b) DEFINITIONS. Section 301 of the
Federal Elec-
tion Campaign Act of
1971 (2 U.S.C. 431) is amended
by adding at the end
thereof the following:
``(20) FEDERAL ELECTION
ACTIVITY.
``(A) IN GENERAL. The term `Federal
election activity'
means
``(i) voter
registration activity during
the period that
begins on the date that is
120 days before the
date a regularly sched-
uled Federal election
is held and ends on
the date of the
election;
``(ii) voter
identification, get-out-the-
vote activity, or
generic campaign activity
conducted in
connection with an election in
which a candidate for
Federal office ap-
pears on the ballot
(regardless of whether
a candidate for State
or local office also
appears on the
ballot);
``(iii) a public
communication that re-
fers to a clearly
identified candidate for
Federal office
(regardless of whether a
candidate for State
or local office is also
mentioned or
identified) and that promotes
or supports a
candidate for that office, or
attacks or opposes a
candidate for that of-
fice (regardless of
whether the communica-
tion 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 indi-
vidual's compensated
time during that
month on activities
in connection with a
Federal election.
``(B) ALTERNATE DEFINITION
IF SUB-
PARAGRAPH (A)(iii) HELD UNCONSTITU-
TIONAL. If clause (iii) of
subparagraph (A) is
held to be
unconstitutional in a final decision by
a court of competent
jurisdiction, then in lieu of
the provisions of
that clause, subparagraph (A)
shall be applied as
if it contained a clause (iii)
that read `a
broadcast, cable, or satellite com-
munication that
`` `(i) promotes or
supports a can-
didate for Federal
office, or attacks or op-
poses a candidate for
Federal office, with-
out regard to whether
the communication
advocates a vote for
or against a can-
didate; and
`` `(ii) is
suggestive of no plausible
meaning other than an
exhortation to vote
for or against a
specific candidate.'.
``(C) EXCLUDED ACTIVITY. The term
`Federal election
activity' does not include an
amount expended or
disbursed by a State, dis-
trict, or local
committee of a political party
for
``(i) a public
communication that re-
fers solely to a
clearly identified candidate
for State or local
office, if the communica-
tion is not a Federal
election activity de-
scribed in
subparagraph (A)(i) or (ii);
``(ii) a contribution
to a candidate for
State or local
office, provided the contribu-
tion is not
designated or used to pay for a
Federal election
activity described in sub-
paragraph (A);
``(iii) the costs of
a State, district, or
local political
convention;
``(iv) the costs of
grassroots campaign
materials, including
buttons, bumper stick-
ers, and yard signs,
that name or depict
only a candidate for
State or local office;
and
``(v) the cost of
constructing or pur-
chasing an office
facility or equipment for
a State, district, or
local committee.
``(21) GENERIC CAMPAIGN
ACTIVITY.
The
term `generic
campaign activity' means an activity
that promotes a
political party and does not promote
a candidate or
non-Federal candidate.
``(22) PUBLIC COMMUNICATION. The term
`public
communication' means a communication by
means of any
broadcast, cable, or satellite commu-
nication, newspaper,
magazine, outdoor advertising
facility, mass
mailing, or telephone bank to the gen-
eral public, or any
other form of general public polit-
ical advertising.
``(23) MASS MAILING. The term `mass
mail-
ing' means a mailing
of more than 500 pieces of
mail matter of an
identical or substantially similar
nature within any
30-day period.
``(24) TELEPHONE BANK. The term
`telephone
bank' means more than
500 telephone calls of an
identical or
substantially similar nature within any
30-day period.''.
SEC. 102. INCREASED
CONTRIBUTION LIMITS FOR STATE
COMMITTEES OF
POLITICAL PARTIES AND
AGGREGATE
CONTRIBUTION LIMIT FOR INDI-
VIDUALS.
(a) CONTRIBUTION LIMIT
FOR STATE COMMITTEES
OF POLITICAL PARTIES. Section
315(a)(1) of the Fed-
eral Election
Campaign Act of 1971 (2 U.S.C. 441a(a)(1))
is amended
(1) in subparagraph
(B), by striking ``or'' at
the end;
(2) in subparagraph
(C)
(A) by inserting
``(other than a committee
described in
subparagraph (D))'' after ``com-
mittee''; and
(B) by striking the
period at the end and
inserting ``; or'';
and
(3) by adding at the
end the following:
``(D) to a political
committee established and
maintained by a State
committee of a political party
in any calendar year
which, in the aggregate, exceed
$10,000.''.
(b) AGGREGATE
CONTRIBUTION LIMIT FOR INDI-
VIDUAL. Section 315(a)(3)
of the Federal Election Cam-
paign Act of 1971 (2
U.S.C. 441a(a)(3)) is amended by
striking ``$25,000''
and inserting ``$30,000''.
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 POLIT-
ICAL 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 dis-
bursements during the
reporting period.
``(2) OTHER POLITICAL
COMMITTEES TO WHICH
SECTION 323 APPLIES. In addition to
any other re-
porting requirements
applicable under this Act, a
political committee
(not described in paragraph (1))
to which section
323(b)(1)(A) applies shall report all
receipts and
disbursements made for activities de-
scribed in section
301(20)(A), other than activities
described in section
323(b)(1)(B).
``(3) ITEMIZATION. If a political
committee
has receipts or
disbursements to which this sub-
section applies from
any person aggregating in ex-
cess of $200 for any
calendar year, the political
committee shall
separately itemize its reporting for
such person in the
same manner as required in para-
graphs (3)(A), (5),
and (6) of subsection (b).
``(4) REPORTING PERIODS. Reports required
to be filed under
this subsection shall be filed for the
same time periods
required for political committees
under subsection
(a)(4)(B).''.
(b) BUILDING FUND
EXCEPTION TO THE DEFINI-
TION OF CONTRIBUTION. Section
301(8)(B) of the Fed-
eral Election
Campaign Act of 1971 (2 U.S.C. 431(8)(B))
is amended
(1) by striking
clause (viii); and
(2) by redesignating
clauses (ix) through (xv)
as clauses (viii)
through (xiv), respectively.
TITLE IINONCANDIDATE
CAMPAIGN EXPENDITURES
Subtitle AElectioneering
Communications
SEC. 201. DISCLOSURE
OF ELECTIONEERING COMMUNICA-
TIONS.
Section 304 of the
Federal Election Campaign Act
of 1971 (2 U.S.C.
434), as amended by section 103, is
amended by adding at
the end the following new sub-
section:
``(f) ADDITIONAL STATEMENTS
ON ELECTIONEERING
COMMUNICATIONS.
``(1) STATEMENT REQUIRED. Every person
who makes a
disbursement for electioneering com-
munications in an
aggregate amount in excess of
$10,000 during any
calendar year shall, within 24
hours of each
disclosure date, file with the Commis-
sion a statement
containing the information de-
scribed in paragraph
(2).
``(2) CONTENTS OF STATEMENT. Each state-
ment 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 mak-
ing the disbursement,
of any entity sharing or
exercising direction
or control over the activities
of such person, and
of the custodian of the
books and accounts of
the person making the
disbursement.
``(B) The principal
place of business of the
person making the
disbursement, if not an indi-
vidual.
``(C) The amount of
each disbursement of
more than $200 during
the period covered by
the statement and the
identification of the per-
son to whom the
disbursement was made.
``(D) The elections
to which the election-
eering communications
pertain and the names
(if known) of the
candidates identified or to be
identified.
``(E) If the
disbursements were paid out of
a segregated bank
account which consists of
funds contributed
solely by individuals directly
to this account for
electioneering communica-
tions, the names and
addresses of all contribu-
tors who contributed
an aggregate amount of
$1,000 or more to
that account during the pe-
riod beginning on the
first day of the preceding
calendar year and
ending on the disclosure
date. Nothing in this
subparagraph is to be
construed as a
prohibition on the use of funds
in such a segregated
account for a purpose
other than
electioneering communications.
``(F) If the
disbursements were paid out of
funds not described
in subparagraph (E), the
names and addresses
of all contributors who
contributed an
aggregate amount of $1,000 or
more to the
organization during the period be-
ginning on the first
day of the preceding cal-
endar year and ending
on the disclosure date.
``(3) ELECTIONEERING
COMMUNICATION. For
purposes of this
subsection
``(A)(i) IN GENERAL. The term
`election-
eering communication'
means any broadcast,
cable, or satellite
communication which
``(I) refers to a
clearly identified can-
didate for Federal
office;
``(II) is made within
``(aa) 60 days before
a general,
special, or runoff
election for such
Federal office; 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
such Federal office;
and
``(III) is made to an
audience that in-
cludes members of the
electorate for such
election, convention,
or caucus; and
``(ii) if clause (i)
of paragraph (3)(A) is
held to be
constitutionally insufficient by final
judicial decision to
support the regulation pro-
vided herein, then
the term `electioneering com-
munication' means any
broadcast, cable, or sat-
ellite communication
which promotes or sup-
ports a candidate for
that office, or attacks or
opposes a candidate
for that office (regardless
of whether the
communication expressly advo-
cates 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 subsection
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
`election-
eering communication'
does not include
``(i) a communication
appearing in a
news story,
commentary, or editorial dis-
tributed through the
facilities of any
broadcasting station,
unless such facilities
are owned or
controlled by any political
party, political
committee, or candidate; or
``(ii) a
communication which con-
stitutes an
expenditure or an independent
expenditure under
this Act.
``(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 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 electioneering
communications aggregating
in excess of $10,000
since the most recent dis-
closure date for such
calendar year.
``(5) CONTRACTS TO DISBURSE. For purposes
of this subsection, a
person shall be treated as hav-
ing made a
disbursement if the person has executed
a contract to make
the disbursement.
``(6) COORDINATION WITH
OTHER REQUIRE-
MENTS. Any requirement to
report under this sub-
section shall be in
addition to any other reporting
requirement under
this Act.''.
SEC. 202. COORDINATED
COMMUNICATIONS AS CONTRIBU-
TIONS.
Section 315(a)(7) of
the Federal Election Campaign
Act of 1971 (2 U.S.C.
441a(a)(7)) is amended
(1) by redesignating
subparagraph (C) as sub-
paragraph (D); and
(2) by inserting
after subparagraph (B) the fol-
lowing:
``(C) if
``(i) any person
makes, or contracts to
make, any
disbursement for any election-
eering communication
(within the meaning
of section
304(f)(3)); and
``(ii) such
disbursement is coordinated
with a candidate or
an authorized com-
mittee of such
candidate, a Federal, State,
or local political
party or committee there-
of, or an agent or
official of any such can-
didate, party, or
committee;
such disbursement or
contracting shall be treat-
ed as a contribution
to the candidate supported
by the electioneering
communication or that
candidate's party and
as an expenditure by that
candidate or that
candidate's party; and''.
SEC. 203. PROHIBITION
OF CORPORATE AND LABOR DIS-
BURSEMENTS FOR
ELECTIONEERING COM-
MUNICATIONS.
(a) IN GENERAL. Section 316(b)(2)
of the Federal
Election Campaign Act
of 1971 (2 U.S.C. 441b(b)(2)) is
amended by inserting
``or for any applicable electioneering
communication''
before ``, but shall not include''.
(b) APPLICABLE
ELECTIONEERING COMMUNICA-
TION. Section 316 of
such Act is amended by adding at
the end the
following:
``(c) RULES RELATING TO
ELECTIONEERING COM-
MUNICATIONS.
``(1) APPLICABLE
ELECTIONEERING COMMU-
NICATION. For purposes of
this section, the term
`applicable
electioneering communication' means an
electioneering
communication (within the meaning of
section 304(f)(3))
which is made by any entity de-
scribed in subsection
(a) of this section or by any
other person using
funds donated by an entity de-
scribed in subsection
(a) of this section.
``(2) EXCEPTION. Notwithstanding
paragraph
(1), the term
`applicable electioneering communica-
tion' does not
include a communication by an orga-
nization described in
section 501(c)(4) of the Inter-
nal Revenue Code of
1986 or a political organization
(as defined in
section 527(e)(1) of such Code) made
under section
304(f)(2) (E) or (F) of this Act if the
communication is paid
for exclusively by funds pro-
vided directly by
individuals who are United States
citizens or lawfully
admitted for permanent residence
as defined in section
1101(a)(2) of the Immigration
and Nationality Act
(8 U.S.C. 1101(a)(2)). For pur-
poses 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.
For pur-
poses of paragraph
(1), the following rules shall
apply:
``(A) An
electioneering communication
shall be treated as
made by an entity described
in subsection (a) if
``(i) an entity
described in subsection
(a) directly or
indirectly disburses any
amount for any of the
costs of the commu-
nication; or
``(ii) any amount is
disbursed for the
communication by a
corporation or labor
organization or a
State or local political
party or committee
thereof that receives
anything of value
from an entity described
in subsection (a),
except that this clause
shall not apply to
any communication the
costs of which are
defrayed entirely out of
a segregated account
to which only individ-
uals can contribute,
as described in section
304(f)(2)(E).
``(B) A section
501(c)(4) organization that
derives amounts from
business activities or re-
ceives funds from any
entity described in sub-
section (a) shall be
considered to have paid for
any communication out
of such amounts unless
such organization
paid for the communication
out of a segregated
account to which only indi-
viduals can
contribute, as described in section
304(f)(2)(E).
``(4) DEFINITIONS AND RULES. For purposes
of this subsection
``(A) the term
`section 501(c)(4) organiza-
tion' means
``(i) an organization
described in sec-
tion 501(c)(4) of the
Internal Revenue
Code of 1986 and
exempt from taxation
under section 501(a)
of such Code; or
``(ii) an
organization which has sub-
mitted an application
to the Internal Rev-
enue Service for
determination of its status
as an organization
described in clause (i);
and
``(B) a person shall
be treated as having
made a disbursement
if the person has executed
a contract to make
the disbursement.
``(5) COORDINATION WITH
INTERNAL REVENUE
CODE. Nothing in this
subsection shall be con-
strued to authorize
an organization exempt from
taxation under
section 501(a) of the Internal Rev-
enue Code of 1986 to
carry out any activity which
is prohibited under
such Code.''.
SEC. 204. RULES
RELATING TO CERTAIN TARGETED ELEC-
TIONEERING
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 COMMU-
NICATIONS.
``(A) EXCEPTION DOES NOT
APPLY.
Paragraph (2) shall
not apply in the case of a
targeted
communication that is made by an or-
ganization described
in such paragraph.
``(B) TARGETED COMMUNICATION. For
purposes of
subparagraph (A), the term `tar-
geted communication'
means an electioneering
communication (as
defined in section 304(f)(3))
that is distributed
from a television or radio
broadcast station or
provider of cable or sat-
ellite television
service whose audience consists
primarily of
residents of the State for which the
clearly identified
candidate is seeking office.''.
Subtitle BIndependent
and
Coordinated
Expenditures
SEC. 211. DEFINITION
OF INDEPENDENT EXPENDITURE.
Section 301 of the
Federal Election Campaign Act
(2 U.S.C. 431) is
amended by striking paragraph (17) and
inserting the
following:
``(17) INDEPENDENT
EXPENDITURE. The
term `independent
expenditure' means an expendi-
ture by a person
``(A) expressly
advocating the election or
defeat of a clearly
identified candidate; and
``(B) that is not a
coordinated activity with
such candidate or
such candidate's agent or a
person who has
engaged in coordinated activity
with such candidate
or such candidate's
agent.''.
SEC. 212. REPORTING
REQUIREMENTS FOR CERTAIN INDE-
PENDENT EXPENDITURES.
Section 304 of the
Federal Election Campaign Act
of 1971 (2 U.S.C.
434) (as amended by section 201) is
amended
(1) in subsection
(c)(2), by striking the undes-
ignated matter after
subparagraph (C); and
(2) by adding at the
end the following:
``(g) TIME FOR REPORTING
CERTAIN EXPENDI-
TURES.
``(1) EXPENDITURES
AGGREGATING $1,000.
``(A) INITIAL REPORT. A person
(includ-
ing a political
committee) that makes or con-
tracts to make
independent expenditures aggre-
gating $1,000 or more
after the 20th day, but
more than 24 hours,
before the date of an elec-
tion shall file a
report describing the expendi-
tures within 24
hours.
``(B) ADDITIONAL REPORTS. After a per-
son files a report
under subparagraph (A), the
person shall file an
additional report within 24
hours after each time
the person makes or con-
tracts to make
independent expenditures aggre-
gating an additional
$1,000 with respect to the
same election as that
to which the initial report
relates.
``(2) EXPENDITURES
AGGREGATING $10,000.
``(A) INITIAL REPORT. A person
(includ-
ing a political
committee) that makes or con-
tracts to make
independent expenditures aggre-
gating $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 ex-
penditures within 48
hours.
``(B) ADDITIONAL REPORTS. After a per-
son files a report
under subparagraph (A), the
person shall file an
additional report within 48
hours after each time
the person makes or con-
tracts to make
independent expenditures aggre-
gating an additional
$10,000 with respect to
the same election as
that to which the initial re-
port relates.
``(3) PLACE OF FILING; CONTENTS. A report
under this subsection
``(A) shall be filed
with the Commission;
and
``(B) shall contain
the information required
by subsection
(b)(6)(B)(iii), including the name
of each candidate
whom an expenditure is in-
tended to support or
oppose.''.
SEC. 213. INDEPENDENT
VERSUS COORDINATED EXPENDI-
TURES BY PARTY.
Section 315(d) of the
Federal Election Campaign Act
(2 U.S.C. 441a(d)) is
amended
(1) in paragraph (1),
by striking ``and (3)'' and
inserting ``, (3),
and (4)''; and
(2) by adding at the
end the following:
``(4) INDEPENDENT VERSUS
COORDINATED EX-
PENDITURES BY PARTY.
``(A) IN GENERAL. On or after the
date
on which a political
party nominates a can-
didate, a committee
of the political party shall
not make both
expenditures under this sub-
section and
independent expenditures (as de-
fined in section
301(17)) with respect to the
candidate during the
election cycle.
``(B) CERTIFICATION. Before making a
coordinated
expenditure under this subsection
with respect to a
candidate, a committee of a
political party shall
file with the Commission a
certification, signed
by the treasurer of the
committee, that the
committee, on or after the
date described in
subparagraph (A), has not
and shall not make
any independent expendi-
ture with respect to
the candidate during the
same election cycle.
``(C) APPLICATION. For purposes of
this
paragraph, all
political committees established
and maintained by a
national political party
(including all
congressional campaign commit-
tees) and all
political committees established
and maintained by a
State political party (in-
cluding any
subordinate committee of a State
committee) shall be
considered to be a single
political committee.
``(D) TRANSFERS. A committee of a
po-
litical party that
submits a certification under
subparagraph (B) 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 po-
litical party that
has made or intends to make
an independent
expenditure with respect to the
candidate.''.
SEC. 214.
COORDINATION WITH CANDIDATES OR POLIT-
ICAL PARTIES.
(a) IN GENERAL.
(1) COORDINATED
EXPENDITURE OR DIS-
BURSEMENT TREATED AS
CONTRIBUTION. Section
301(8) of the Federal
Election Campaign Act of
1971 (2 U.S.C.
431(8)) is amended
(A) by striking
``or'' at the end of subpara-
graph (A)(i);
(B) by striking
``purpose.'' in subpara-
graph (A)(ii) and
inserting ``purpose;'';
(C) by adding at the
end of subparagraph
(A) the following:
``(iii) any
coordinated expenditure or
other disbursement
made by any person in
connection with a
candidate's election, re-
gardless of whether
the expenditure or dis-
bursement is for a
communication that
contains express
advocacy; or
``(iv) any
expenditure or other dis-
bursement made in
coordination with a na-
tional committee,
State committee, or
other political
committee of a political
party by a person
(other than a candidate
or a candidate's
authorized committee) in
connection with an
election, regardless of
whether the
expenditure or disbursement is
for a communication
that contains express
advocacy.''.
(2) CONFORMING AMENDMENT. Section
315(a)(7) of the
Federal Election Campaign Act of
1971 (2 U.S.C.
441a(a)(7)) is amended by striking
subparagraph (B) and
inserting the following:
``(B) a coordinated
expenditure or dis-
bursement described
in
``(i) section
301(8)(C) shall be consid-
ered to be a
contribution to the candidate
or an expenditure by
the candidate, respec-
tively; and
``(ii) section
301(8)(D) shall be con-
sidered to be a
contribution to, or an ex-
penditure by, the
political party committee,
respectively; and''.
(b) DEFINITION OF
COORDINATION. Section 301(8)
of the Federal
Election Campaign Act of 1971 (2 U.S.C.
431(8)), as amended
by subsection (a), is amended by
adding at the end the
following:
``(C) For purposes of
subparagraph
(A)(iii), the term
`coordinated expenditure or
other disbursement'
means a payment made in
concert or
cooperation with, at the request or
suggestion of, or
pursuant to any general or
particular
understanding with, such candidate,
the candidate's
authorized political committee,
or their agents, or a
political party committee
or its agents.''.
(c) REGULATIONS BY THE
FEDERAL ELECTION COM-
MISSION. (1) Within 90 days
of the effective date of this
Act, the Federal
Election Commission shall promulgate
new regulations to
enforce the statutory standard set by
this provision. The
regulation shall not require collabora-
tion or agreement to
establish coordination. In addition
to any subject
determined by the Commission, the regula-
tions shall address
(A) payments for the
republication of campaign
materials;
(B) payments for the
use of a common vendor;
(C) payments for communications directed or
made by persons who
previously served as an em-
ployee of a candidate
or a political party;
(D) payments for
communications made by a
person after
substantial discussion about the com-
munication with a
candidate or a political party; and
(E) the impact of
coordinating internal commu-
nications by any
person to its restricted class has on
any subsequent
``Federal election activity'' as de-
fined in section 301
of the Federal Election Cam-
paign Act of 1971.
(2) The regulations
on coordination 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 90 days after
the effective date of
this Act.
(d) MEANING OF
CONTRIBUTION OR EXPENDITURE
FOR THE PURPOSES OF
SECTION 316. Section
316(b)(2)
of the Federal
Election Campaign Act of 1971 (2 U.S.C.
441b(b)(2)) is
amended by striking ``shall include'' and
inserting ``includes
a contribution or expenditure, as those
terms are defined in
section 301, and also includes''.
TITLE IIIMISCELLANEOUS
SEC. 301. USE OF
CONTRIBUTED AMOUNTS FOR CERTAIN
PURPOSES.
Title III of the
Federal Election Campaign Act of
1971 (2 U.S.C. 431 et
seq.) is amended by striking section
313 and inserting the
following:
SEC. 313.
USE OF CONTRIBUTED AMOUNTS FOR CERTAIN
PURPOSES.
``(a) PERMITTED USES. A contribution
accepted by
a candidate, and any
other donation received by an indi-
vidual as support for
activities of the individual as a holder
of Federal office,
may be used by the candidate or
individual
``(1) for otherwise
authorized expenditures in
connection with the
campaign for Federal office of
the candidate or
individual;
``(2) for ordinary
and necessary expenses in-
curred in connection
with duties of the individual as
a holder of Federal
office;
``(3) for
contributions to an organization de-
scribed in section
170(c) of the Internal Revenue
Code of 1986; or
``(4) for transfers
to a national, State, or local
committee of a
political party.
``(b) PROHIBITED USE.
``(1) IN GENERAL. A contribution or
donation
described in
subsection (a) shall not be converted by
any person to
personal use.
``(2) CONVERSION. For the purposes
of para-
graph (1), a
contribution or donation shall be con-
sidered to be
converted to personal use if the con-
tribution or amount
is used to fulfill any commit-
ment, obligation, or
expense of a person that would
exist irrespective of
the candidate's election cam-
paign or individual's
duties as a holder of Federal
office, including
``(A) a home
mortgage, rent, or utility pay-
ment;
``(B) a clothing
purchase;
``(C) a
noncampaign-related automobile ex-
pense;
``(D) a country club
membership;
``(E) a vacation or
other noncampaign-re-
lated trip;
``(F) a household
food item;
``(G) a tuition
payment;
``(H) admission to a
sporting event, con-
cert, theater, or
other form of entertainment
not associated with
an election campaign; and
``(I) dues, fees, and
other payments to a
health club or
recreational facility.''.
SEC. 302. PROHIBITION
OF FUNDRAISING ON FEDERAL
PROPERTY.
Section 607 of title
18, United States Code, is
amended
(1) by striking
subsection (a) and inserting the
following:
``(a) PROHIBITION.
``(1) IN GENERAL. It shall be
unlawful for any
person to solicit or
receive a donation of money or
other thing of value
in connection with a Federal,
State, or local
election from a person who is located
in a room or building
occupied in the discharge of
official duties by an
officer or employee of the
United States. It
shall be unlawful for an individual
who is an officer or
employee of the Federal Govern-
ment, including the
President, Vice President, and
Members of Congress,
to solicit or receive a donation
of money or other
thing of value in connection with
a Federal, State, or
local election, while in any room
or building occupied
in the discharge of official du-
ties by an officer or
employee of the United States,
from any person.
``(2) PENALTY. A person who
violates this sec-
tion shall be fined
not more than $5,000, imprisoned
more than 3 years, or
both.''; and
(2) in subsection
(b), by inserting ``or Executive
Office of the
President'' after ``Congress'' .
SEC. 303.
STRENGTHENING FOREIGN MONEY BAN.
Section 319 of the
Federal Election Campaign Act
of 1971 (2 U.S.C.
441e) is amended
(1) by striking the
heading and inserting the
following: ``CONTRIBUTIONS AND
DONATIONS BY
FOREIGN NATIONALS''; and
(2) by striking
subsection (a) and inserting the
following:
``(a) PROHIBITION. It shall be
unlawful for
``(1) a foreign
national, directly or indirectly, to
make
``(A) a contribution
or donation of money
or other thing of
value, or to make an express
or implied promise to
make a contribution or
donation, in
connection with a Federal, State,
or local election; or
``(B) a contribution
or donation to a com-
mittee of a political
party; or
``(2) for a person to
solicit, accept, or receive
such contribution or
donation from a foreign na-
tional.''.
SEC. 304.
MODIFICATION OF INDIVIDUAL CONTRIBUTION
LIMITS IN RESPONSE TO
EXPENDITURES
FROM PERSONAL FUNDS.
(a) INCREASED LIMITS FOR
INDIVIDUALS.
(1) IN GENERAL. Section 315 of the
Federal
Election Campaign Act
of 1971 (2 U.S.C. 441a) is
amended
(A) in subsection
(a)(1), by striking ``No
person'' and
inserting ``Except as provided in
subsection (i), no
person''; and
(B) by adding at the
end the following:
``(i) INCREASED LIMIT TO
ALLOW RESPONSE TO EX-
PENDITURES FROM
PERSONAL FUNDS.
``(1) INCREASE.
``(A) IN GENERAL. Subject to
paragraph
(2), if the
opposition personal funds amount
with respect to a
candidate for election to the
office of Senator
exceeds the threshold amount,
the limit under
subsection (a)(1)(A) (in this
subsection referred
to as the `applicable limit')
with respect to that
candidate shall be the in-
creased limit.
``(B) THRESHOLD AMOUNT.
``(i) STATE-BY-STATE COMPETITIVE
AND FAIR CAMPAIGN
FORMULA.
In this
subsection, the
threshold amount with re-
spect to an election
cycle of a candidate de-
scribed in
subparagraph (A) is an amount
equal to the sum of
``(I) $150,000; and
``(II) $0.04
multiplied by the vot-
ing age population.
``(ii) VOTING AGE POPULATION. In
this subparagraph,
the term `voting age
population' means in
the case of a can-
didate for the office
of Senator, the voting
age population of the
State of the can-
didate (as certified
under section 315(e)).
``(C) INCREASED LIMIT. Except as pro-
vided in clause (ii),
for purposes of subpara-
graph (A), if the
opposition personal funds
amount is over
``(i) 2 times the
threshold amount, but
not over 4 times that
amount
``(I) the increased
limit shall be 3
times the applicable
limit; and
``(II) the limit
under subsection
(a)(3) shall not
apply with respect to
any contribution made
with respect to
a candidate if such
contribution is
made under the
increased limit of
subparagraph (A)
during a period in
which the candidate
may accept such
a contribution;
``(ii) 4 times the
threshold amount,
but not over 10 times
that amount
``(I) the increased
limit shall be 6
times the applicable
limit; and
``(II) the limit
under subsection
(a)(3) shall not
apply with respect to
any contribution made
with respect to
a candidate if such
contribution is
made under the
increased limit of
subparagraph (A)
during a period in
which the candidate
may accept such
a contribution; and
``(iii) 10 times the
threshold
amount
``(I) the increased
limit shall be 6
times the applicable
limit;
``(II) the limit
under subsection
(a)(3) shall not
apply with respect to
any contribution made
with respect to
a candidate if such
contribution is
made under the
increased limit of
subparagraph (A)
during a period in
which the candidate
may accept such
a contribution; and
``(III) the limits
under subsection
(d) with respect to
any expenditure by
a State or national
committee of a po-
litical 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 de-
fined in section
304(a)(6)(B)) that an op-
posing candidate in
the same election
makes; over
``(ii) the aggregate
amount of expendi-
tures from personal
funds made by the
candidate with
respect to the election.
``(2) TIME TO ACCEPT
CONTRIBUTIONS UNDER
INCREASED LIMIT.
``(A) IN GENERAL. Subject to
subpara-
graph (B), a
candidate and the candidate's au-
thorized committee
shall not accept any con-
tribution, and a
party committee shall not make
any expenditure,
under the increased limit
under paragraph (1)
``(i) until the
candidate has received
notification of the
opposition personal
funds amount under
section 304(a)(6)(B);
and
``(ii) to the extent
that such contribu-
tion, when added to
the aggregate amount
of contributions
previously accepted and
party expenditures
previously made under
the increased limits
under this subsection
for the election
cycle, exceeds 110 percent
of the opposition
personal funds amount.
``(B) EFFECT OF WITHDRAWAL
OF AN OP-
POSING CANDIDATE. A candidate and
a can-
didate's authorized
committee shall not accept
any contribution and
a party shall not make
any expenditure under
the increased limit after
the date on which an
opposing candidate ceases
to be a candidate to
the extent that the amount
of such increased
limit is attributable to such
an opposing
candidate.
``(3) DISPOSAL OF EXCESS
CONTRIBUTIONS.
``(A) IN GENERAL. The aggregate
amount of
contributions accepted by a can-
didate or a
candidate's authorized committee
under the increased
limit under paragraph (1)
and not otherwise
expended in connection with
the election with
respect to which such con-
tributions relate
shall, not later than 50 days
after the date of
such election, be used in the
manner described in
subparagraph (B).
``(B) RETURN TO CONTRIBUTORS. A can-
didate or a
candidate's authorized committee
shall return the
excess contribution to the per-
son who made the
contribution.
``(j) LIMITATION ON
REPAYMENT OF PERSONAL
LOANS. Any candidate who
incurs personal loans made
after the date of
enactment of the Bipartisan Campaign
Reform Act of 2001 in
connection with the candidate's
campaign for election
shall not repay (directly or indi-
rectly), to the
extent such loans exceed $250,000, such
loans from any
contributions made to such candidate or
any authorized
committee of such candidate after the date
of such election.''.
(b) NOTIFICATION OF
EXPENDITURES FROM PER-
SONAL FUNDS. Section 304(a)(6)
of the Federal Elec-
tion Campaign Act of
1971 (2 U.S.C. 434(a)(6)) is
amended
(1) by redesignating
subparagraph (B) as sub-
paragraph (E); and
(2) by inserting
after subparagraph (A) the fol-
lowing:
``(B) NOTIFICATION OF
EXPENDITURE FROM PER-
SONAL FUNDS.
``(i) DEFINITION OF
EXPENDITURE FROM PER-
SONAL FUNDS. In this
subparagraph, the term `ex-
penditure from
personal funds' means
``(I) an expenditure
made by a candidate
using personal funds;
and
``(II) a contribution
or loan made by a can-
didate using personal
funds or a loan secured
using such funds to
the candidate's authorized
committee.
``(ii) DECLARATION OF INTENT. Not later
than the date that is
15 days after the date on
which an individual
becomes a candidate for the of-
fice of Senator, the
candidate shall file a declaration
stating the total
amount of expenditures from per-
sonal funds that the
candidate intends to make, or
to obligate to make,
with respect to the election will
exceed the
State-by-State competitive and fair cam-
paign formula with
``(I) the Commission;
and
``(II) each candidate
in the same election.
``(iii) INITIAL NOTIFICATION. Not later than
24 hours after a
candidate described in clause (ii)
makes or obligates to
make an aggregate amount of
expenditures from
personal funds in excess of 2
times the threshold
amount in connection with any
election, the
candidate shall file a notification with
``(I) the Commission;
and
``(II) each candidate
in the same election.
``(iv) ADDITIONAL
NOTIFICATION. After a can-
didate files an
initial notification under clause (iii),
the candidate shall
file an additional notification
each time
expenditures from personal funds are
made or obligated to
be made in an aggregate
amount that exceed
$10,000 amount with
``(I) the Commission;
and
``(II) each candidate
in the same election.
Such notification
shall be filed not later than 24
hours after the
expenditure is made.
``(v) CONTENTS. A notification
under clause
(iii) or (iv) shall
include
``(I) the name of the
candidate and the of-
fice sought by the
candidate;
``(II) the date and
amount of each expendi-
ture; and
``(III) the total
amount of expenditures
from personal funds
that the candidate has
made, or obligated to
make, with respect to an
election as of the
date of the expenditure that
is the subject of the
notification.
``(C) NOTIFICATION OF
DISPOSAL OF EXCESS CON-
TRIBUTIONS. In the next
regularly scheduled report after
the date of the
election for which a candidate seeks nomi-
nation for election
to, or election to, Federal office, the
candidate or the
candidate's authorized committee shall
submit to the
Commission a report indicating the source
and amount of any
excess contributions (as determined
under paragraph (1)
of section 315(i)) and the manner
in which the
candidate or the candidate's authorized com-
mittee used such
funds.
``(D) ENFORCEMENT. For provisions
providing for
the enforcement of
the reporting requirements under this
paragraph, see
section 309.''.
(c) DEFINITIONS. Section 301 of the
Federal Elec-
tion Campaign Act of
1971 (2 U.S.C. 431) is amended
by adding at the end
the following:
``(20) ELECTION CYCLE. The term
`election cycle'
means the period
beginning on the day after the date of
the most recent
election for the specific office or seat that
a candidate is
seeking and ending on the date of the next
election for that
office or seat. For purposes of the pre-
ceding sentence, a
primary election and a general election
shall be considered
to be separate elections.
``(21) PERSONAL FUNDS. The term
`personal funds'
means an amount that
is derived from
``(A) any asset that,
under applicable State law,
at the time the
individual became a candidate, the
candidate had legal
right of access to or control
over, and with
respect to which the candidate had
``(i) legal and
rightful title; or
``(ii) an equitable
interest;
``(B) income received
during the current elec-
tion cycle of the
candidate, including
``(i) a salary and
other earned income from
bona fide employment;
``(ii) dividends and
proceeds from the sale
of the candidate's
stocks or other investments;
``(iii) bequests to
the candidate;
``(iv) income from
trusts established before
the beginning of the
election cycle;
``(v) income from
trusts established by be-
quest after the
beginning of the election cycle of
which the candidate
is the beneficiary;
``(vi) gifts of a
personal nature that had
been customarily
received by the candidate
prior to the
beginning of the election cycle; and
``(vii) proceeds from
lotteries and similar
legal games of
chance; and
``(C) a portion of
assets that are jointly owned
by the candidate and
the candidate's spouse equal to
the candidate's share
of the asset under the instru-
ment of conveyance or
ownership, but if no specific
share is indicated by
an instrument of conveyance or
ownership, the value
of 1
¤2 of
the property.''.
SEC. 305. TELEVISION
MEDIA RATES.
(a) LOWEST UNIT CHARGE. Subsection (b)
of sec-
tion 315 of the
Communications Act of 1934 (47 U.S.C.
315) is amended
(1) by striking ``(b)
The charges'' and inserting
the following:
``(b) CHARGES.
``(1) IN GENERAL. Except as provided
in para-
graph (2), the
charges'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and
(B), respectively; and
(3) by adding at the
end the following:
``(2) TELEVISION. The charges made
for the
use of any television
broadcast station, or by a pro-
vider of cable or
satellite television service, to any
person who is a
legally qualified candidate for any
public office in
connection with the campaign of such
candidate for
nomination for election, or election, to
such office shall not
exceed the lowest charge of the
station (at any time
during the 365-day period pre-
ceding the date of
the use) for the same amount of
time for the same
period.''.
(b) RATE AVAILABLE FOR
NATIONAL PARTIES.
Section 315(b)(2) of
such Act (47 U.S.C. 315(b)(2)), as
added by subsection
(a)(3), is amended by inserting ``, or
by a national
committee of a political party on behalf of
such candidate in
connection with such campaign,'' after
``such office''.
(c) PREEMPTION. Section 315 of
such Act (47
U.S.C. 315) is
amended
(1) by redesignating
subsections (c) and (d) as
subsections (e) and
(f), respectively; and
(2) by inserting
after subsection (b) the fol-
lowing new
subsection:
``(c) PREEMPTION.
``(1) IN GENERAL. Except as provided
in para-
graph (2), a licensee
shall not preempt the use of a
television broadcast
station, or a provider of cable or
satellite television
service, by an eligible candidate or
political committee
of a political party who has pur-
chased and paid for
such use pursuant to subsection
(b)(2).
``(2) CIRCUMSTANCES BEYOND
CONTROL OF LI-
CENSEE. If a program to be
broadcast by a tele-
vision broadcast
station, or a provider of cable or
satellite television
service, is preempted because of
circumstances beyond
the control of the station, any
candidate or party
advertising spot scheduled to be
broadcast during that
program may also be pre-
empted.''.
(d) RANDOM AUDITS. Section 315 of
such Act (47
U.S.C. 315), as
amended by subsection (c), is amended
by inserting after
subsection (c) the following new sub-
section:
``(d) RANDOM AUDITS.
``(1) IN GENERAL. During the 45-day
period
preceding a primary
election and the 60-day period
preceding a general
election, the Commission shall
conduct random audits
of designated market areas
to ensure that each
television broadcast station, and
provider of cable or
satellite television service, in
those markets is
allocating television broadcast ad-
vertising time in
accordance with this section and
section 312.
``(2) MARKETS. The random audits
conducted
under paragraph (1)
shall cover the following mar-
kets:
``(A) At least 6 of
the top 50 largest des-
ignated market areas
(as defined in section
122(j)(2)(C) of title
17, United States Code).
``(B) At least 3 of
the 51±100 largest des-
ignated market areas
(as so defined).
``(C) At least 3 of
the 101±150 largest
designated market
areas (as so defined).
``(D) At least 3 of
the 151±210 largest
designated market
areas (as so defined).
``(3) BROADCAST STATIONS. Each random
audit shall include
each of the 3 largest television
broadcast networks, 1
independent network, and 1
cable network.''.
(e) DEFINITION OF
BROADCASTING STATION. Sub-
section (e) of
section 315 of such Act (47 U.S.C. 315(e)),
as redesignated by
subsection (c)(1) of this section, is
amended by inserting
``, a television broadcast station, and
a provider of cable
or satellite television service'' before
the semicolon.
(f) STYLISTIC AMENDMENTS. Section 315 of
such
Act (47 U.S.C. 315)
is amended
(1) in subsection
(a), by inserting ``IN GEN-
ERAL. '' before ``If
any'';
(2) in subsection
(e), as redesignated by sub-
section (c)(1) of
this section, by inserting ``DEFINI-
TIONS. '' before ``For
purposes''; and
(3) in subsection
(f), as so redesignated, by in-
serting ``REGULATIONS. '' before ``The
Commis-
sion''.
SEC. 306. LIMITATION
ON AVAILABILITY OF LOWEST UNIT
CHARGE FOR FEDERAL
CANDIDATES AT-
TACKING OPPOSITION.
(a) IN GENERAL. Section 315(b) of
the Commu-
nications Act of 1934
(47 U.S.C. 315(b)), as amended by
this Act, is amended
by adding at the end the following:
``(3) CONTENT OF BROADCASTS.
``(A) IN GENERAL. In the case of a
can-
didate for Federal
office, such candidate shall
not be entitled to
receive the rate under para-
graph (1)(A) or (2)
for the use of any broad-
casting station
unless the candidate provides
written certification
to the broadcast station
that the candidate
(and any authorized com-
mittee of the
candidate) shall not make any di-
rect reference to
another candidate for the same
office, in any
broadcast using the rights and
conditions of access
under this Act, unless such
reference meets the
requirements of subpara-
graph (C) or (D).
``(B) LIMITATION ON CHARGES. If a can-
didate for Federal
office (or any authorized
committee of such
candidate) makes a reference
described in
subparagraph (A) in any broadcast
that does not meet
the requirements of sub-
paragraph (C) or (D),
such candidate shall not
be entitled to
receive the rate under paragraph
(1)(A) or (2) for
such broadcast or any other
broadcast during any
portion of the 45-day and
60-day periods
described in paragraph (1)(A),
that occur on or
after the date of such broad-
cast, for election to
such office.
``(C) TELEVISION BROADCASTS. A can-
didate meets the
requirements of this subpara-
graph if, in the case
of a television broadcast,
at the end of such
broadcast there appears si-
multaneously, for a
period no less than 4
seconds
``(i) a clearly
identifiable photographic
or similar image of
the candidate; and
``(ii) a clearly
readable printed state-
ment, identifying the
candidate and stating
that the candidate
has approved the broad-
cast and that the
candidate's authorized
committee paid for
the broadcast.
``(D) RADIO BROADCASTS. A candidate
meets the
requirements of this subparagraph if,
in the case of a
radio broadcast, the broadcast
includes a personal
audio statement by the can-
didate that
identifies the candidate, the office
the candidate is
seeking, and indicates that the
candidate has
approved the broadcast.
``(E) CERTIFICATION. Certifications
under this section
shall be provided and cer-
tified as accurate by
the candidate (or any au-
thorized committee of
the candidate) at the
time of purchase.
``(F) DEFINITIONS. For purposes of
this
paragraph, the terms
`authorized committee'
and `Federal office'
have the meanings given
such terms by section
301 of the Federal Elec-
tion Campaign Act of
1971 (2 U.S.C. 431).''.
(b) CONFORMING AMENDMENT. Section
315(b)(1)(A) of the
Communications Act of 1934 (47
U.S.C. 315(b)(1)(A)),
as amended by this Act, is amended
by inserting
``subject to paragraph (3),'' before ``during
the forty-five
days''.
(c) EFFECTIVE DATE. The amendments
made by
this section shall
apply to broadcasts made after the date
of enactment of this
Act.
SEC. 307. SOFTWARE
FOR FILING REPORTS AND PROMPT
DISCLOSURE OF
CONTRIBUTIONS.
Section 304(a) of the
Federal Election Campaign Act
of 1971 (2 U.S.C.
434(a)) is amended by adding at the
end the following:
``(12) SOFTWARE FOR FILING
OF REPORTS.
``(A) IN GENERAL. The Commission
shall
``(i) promulgate
standards to be used
by vendors to develop
software that
``(I) permits
candidates to easily
record information
concerning receipts
and disbursements
required to be re-
ported under this Act
at the time of
the receipt or
disbursement;
``(II) allows the
information re-
corded under
subclause (I) to be
transmitted
immediately to the Com-
mission; and
``(III) allows the
Commission to
post the information
on the Internet
immediately upon
receipt; and
``(ii) make a copy of
software that
meets the standards
promulgated under
clause (i) available
to each person required
to file a
designation, statement, or report
in electronic form
under this Act.
``(B) ADDITIONAL INFORMATION. To the
extent feasible, the
Commission shall require
vendors to include in
the software developed
under the standards
under subparagraph (A)
the ability for any
person to file any designa-
tion, 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 promul-
gated under this
paragraph once such software
is made available to
such candidate.
``(D) REQUIRED POSTING. The Commis-
sion shall, as soon
as practicable, post on the
Internet any
information received under this
paragraph.''.
SEC. 308.
MODIFICATION OF CONTRIBUTION LIMITS.
(a) INCREASE IN
INDIVIDUAL LIMITS. Section
315(a)(1) of the
Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(1))
is amended
(1) in subparagraph
(A), by striking ``$1,000''
and inserting
``$2,000''; and
(2) in subparagraph
(B), by striking ``$20,000''
and inserting
``$25,000''.
(b) INCREASE IN AGGREGATE
INDIVIDUAL LIMIT.
Section 315(a)(3) of
the Federal Election Campaign Act
of 1971 (2 U.S.C.
441a(a)(3)), as amended by section
102(b), is amended by
striking ``$30,000'' and inserting
``$37,500''.
(c) INCREASE IN
SENATORIAL CAMPAIGN COM-
MITTEE LIMIT. Section 315(h)
of the Federal Election
Campaign Act of 1971
(2 U.S.C. 441a(h)) is amended by
striking ``$17,500''
and inserting ``$35,000''.
(d) INDEXING OF
CONTRIBUTION LIMITS. Section
315(c) of the Federal
Election Campaign Act of 1971 (2
U.S.C. 441a(c)) is
amended
(1) in paragraph (1)
(A) by striking the second and third sen-
tences;
(B) by inserting
``(A)'' before ``At the be-
ginning''; and
(C) by adding at the
end the following:
``(B) Except as
provided in subparagraph (C), in any
calendar year after
2002
``(i) a limitation
established by subsections
(a)(1)(A), (a)(1)(B),
(a)(3), (b), (d), or (h) shall be
increased by the
percent difference determined under
subparagraph (A);
``(ii) each amount so
increased shall remain in
effect for the
calendar year; and
``(iii) if any amount
after adjustment under
clause (i) is not a
multiple of $100, such amount
shall be rounded to
the nearest multiple of $100.
``(C) In the case of
limitations under subsections
(a)(1)(A), (a)(1)(B),
(a)(3), and (h), increases shall only
be made in
odd-numbered years and such increases shall
remain in effect for
the 2-year period beginning on the
first day following
the date of the last general election in
the year preceding
the year in which the amount is in-
creased and ending on
the date of the next general elec-
tion.''; and
(2) in paragraph (2)(B), by striking ``means the
calendar year 1974''
and inserting ``means
``(i) for purposes of
subsections (b) and
(d), calendar year
1974; and
``(ii) for purposes
of subsections (a)(1)(A),
(a)(1)(B), (a)(3),
and (h) calendar year 2001''.
(e) EFFECTIVE DATE. The amendments
made by
this section shall
apply to contributions made after the
date of enactment of
this Act.
SEC. 309. TELEVISION
MEDIA RATES FOR NATIONAL PAR-
TIES CONDITIONED ON
ADHERENCE TO EX-
ISTING COORDINATED
SPENDING LIMITS.
(a) AVAILABILITY OF
TELEVISION MEDIA RATES.
Section 315(b)(2) of
the Communications Act of 1934 (47
U.S.C. 315(b)(2)), as
amended by this Act, is amended
(1) by striking ``TELEVISION. The charges''
and inserting ``TELEVISION.
``(A) IN GENERAL. Except as provided
in
subparagraph (B), the
charges''; and
(2) by adding at the
end the following:
``(B) LIMITATIONS ON
AVAILABILITY FOR
NATIONAL COMMITTEES
OF POLITICAL PAR-
TIES.
``(i) RATE CONDITIONED ON
VOL-
UNTARY ADHERENCE TO
EXPENDITURE
LIMITS. If the limits on
expenditures
under section
315(d)(3) of the Federal
Election Campaign Act
of 1971 are held to
be invalid by the
Supreme Court of the
United States, then
no television broadcast
station, or provider
of cable or satellite tel-
evision service,
shall be required to charge
a national committee
of a political party
the lowest charge of
the station described
in paragraph (1)
after the date of the Su-
preme Court holding
unless the national
committee of a
political party certifies to
the Federal Election
Commission that the
committee, and each
State committee of
that political party
of each State in which
the advertisement is
televised, will adhere
to the expenditure
limits, for the calendar
year in which the
general election to which
the expenditure
relates occurs, that would
apply under such
section as in effect on
January 1, 2001.
``(ii) RATE NOT AVAILABLE
FOR INDE-
PENDENT EXPENDITURES. If the limits
on expenditures under
section 315(d)(3) of
the Federal Election
Campaign Act of
1971 are held to be
invalid by the Supreme
Court of the United
States, then no tele-
vision broadcast
station, or provider of
cable or satellite
television service, shall be
required to charge a
national or State com-
mittee of a political
party the lowest
charge of the station
described in para-
graph (1) with
respect to any independent
expenditure (as
defined in section 301 of
the Federal Election
Campaign Act of
1971).
``(iii) COORDINATION WITH
OTHER
PROVISIONS. Clauses (i) and
(ii) shall not
apply if section
315(d) of the Federal Elec-
tion Campaign Act of
1971 (2 U.S.C.
441a(d)) does not
apply with respect to an
expenditure by a
State or national com-
mittee of a political
party by reason of sec-
tion
315(i)(1)(C)(iii)(III) of that Act.
(b) FEDERAL ELECTION
COMMISSION RULE-
MAKING. Section 315(d) of
the Federal Election Cam-
paign Act of 1971 (2
U.S.C. 441a(d)) is amended by add-
ing at the end the
following:
``(4) If the limits
on expenditures under para-
graph (3) are held to
be invalid by the Supreme
Court of the United
States, the Commission shall
prescribe rules to
ensure that each national com-
mittee of political
party that submits a certification
under section
315(b)(2)(B) of the Communications
Act of 1934, and each
State committee of that polit-
ical party described
in such section, complies with
such
certification.''.
SEC. 310. DONATIONS
TO PRESIDENTIAL INAUGURAL COM-
MITTEE.
(a) IN GENERAL. Chapter 5 of title
36, United
States Code, is
amended by
(1) redesignating
section 510 as section 511;
and
(2) inserting after
section 509 the following:
§ 510. Disclosure of and
prohibition on certain dona-
tions.
``(a) IN GENERAL. A committee shall
not be consid-
ered to be the
Inaugural Committee for purposes of this
chapter unless the
committee agrees to, and meets, the
requirements of
subsections (b) and (c).
``(b) DISCLOSURE.
``(1) IN GENERAL. Not later than the
date
that is 90 days after
the date of the Presidential in-
augural ceremony, the
committee shall file a report
with the Federal
Election Commission disclosing any
donation of money or
anything of value made to the
committee in an
aggregate amount equal to or great-
er than $200.
``(2) CONTENTS OF REPORT. A report filed
under paragraph (1)
shall contain
``(A) the amount of
the donation;
``(B) the date the
donation is received; and
``(C) the name and
address of the person
making the donation.
``(c) LIMITATION. The committee
shall not accept
any donation from a
foreign national (as defined in section
319(b) of the Federal
Election Campaign Act of 1971 (2
U.S.C. 441e(b))).''.
(b) REPORTS MADE
AVAILABLE BY FEC. Section
304 of the Federal
Election Campaign Act of 1971 (2
U.S.C. 434), as
amended by sections 103, 201, and 212
is amended by adding
at the end the following:
``(h) REPORTS FROM
INAUGURAL COMMITTEES.
The Federal Election
Commission shall make any report
filed by an Inaugural
Committee under section 510 of title
36, United States
Code, accessible to the public at the of-
fices of the
Commission and on the Internet not later than
48 hours after the
report is received by the Commission.''.
SEC. 311. PROHIBITION
ON FRAUDULENT SOLICITATION OF
FUNDS.
Section 322 of the
Federal Election Campaign Act
of 1971 (2 U.S.C.
441h) is amended
(1) by inserting
``(a) IN
GENERAL.
'' before
``No person'';
(2) by adding at the
end the following:
``(b) FRAUDULENT
SOLICITATION OF FUNDS. No
person shall
``(1) fraudulently
misrepresent the person as
speaking, writing, or
otherwise acting for or on be-
half of any candidate
or political party or employee
or agent thereof for
the purpose of soliciting con-
tributions or
donations; or
``(2) willfully and
knowingly participate in or
conspire to
participate in any plan, scheme, or de-
sign to violate
paragraph (1).''.
SEC. 312. STUDY AND
REPORT ON CLEAN MONEY CLEAN
ELECTIONS LAWS.
(a) CLEAN MONEY CLEAN
ELECTIONS DEFINED.
In this section, the
term ``clean money clean elections''
means funds received
under State laws that provide in
whole or in part for
the public financing of election cam-
paigns.
(b) STUDY.
(1) IN GENERAL. The Comptroller
General of
the United States
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 of the United
States shall determine
(i) the number of
candidates who have
chosen to run for
public office with clean
money clean elections
including
(I) the office for
which they were
candidates;
(II) whether the
candidate was
an incumbent or a
challenger; and
(III) whether the
candidate was
successful in the
candidate's bid for
public office; and
(ii) the number of
races in which at
least one candidate
ran an election with
clean money clean
elections.
(B) EFFECTS OF CLEAN
MONEY CLEAN
ELECTIONS. The Comptroller
General of the
United States shall
describe the effects of pub-
lic financing under
the clean money clean elec-
tions laws on the
2000 elections in Arizona and
Maine.
(c) REPORT. Not later than 1
year after the date
of enactment of this
Act, the Comptroller General of the
United States shall
submit a report to the Congress detail-
ing the results of
the study conducted under subsection
(b).
SEC. 313. CLARITY
STANDARDS FOR IDENTIFICATION OF
SPONSORS OF
ELECTION-RELATED ADVER-
TISING.
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 insert-
ing ``Whenever a
political committee makes
a disbursement for
the purpose of financ-
ing any communication
through any broad-
casting station,
newspaper, magazine, out-
door advertising
facility, mailing, or any
other type of general
public political adver-
tising, or
whenever'';
(ii) by striking ``an
expenditure'' and
inserting ``a
disbursement''; and
(iii) by striking ``direct''; and
(iv) by inserting
``or makes a dis-
bursement for an
electioneering commu-
nication (as defined
in section 304(f)(3))''
after ``public
political advertising''; and
(B) in paragraph (3),
by inserting ``and
permanent street
address, telephone number, or
World Wide Web
address'' after ``name''; and
(2) by adding at the
end the following:
``(c) SPECIFICATION. Any printed
communication
described in
subsection (a) shall
``(1) be of
sufficient type size to be clearly read-
able by the recipient
of the communication;
``(2) be contained in
a printed box set apart
from the other
contents of the communication; and
``(3) be printed with
a reasonable degree of
color contrast
between the background and the
printed statement.
``(d) ADDITIONAL
REQUIREMENTS.
``(1) AUDIO STATEMENT.
``(A) CANDIDATE. Any communication
described in
paragraphs (1) or (2) of subsection
(a) which is
transmitted through radio or tele-
vision shall include,
in addition to the require-
ments of that
paragraph, an audio statement by
the candidate that
identifies the candidate and
states that the
candidate has approved the com-
munication.
``(B) OTHER PERSONS. Any communica-
tion described in
paragraph (3) of subsection
(a) which is
transmitted through radio or tele-
vision shall include,
in addition to the require-
ments of that
paragraph, in a clearly spoken
manner, the following
statement: `lllll
is responsible for
the content of this adver-
tising.' (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 also appear in
a clearly readable manner
with a reasonable
degree of color contrast be-
tween the background
and the printed state-
ment, for a period of
at least 4 seconds.
``(2) TELEVISION. If a communication
de-
scribed in paragraph
(1)(A) is transmitted through
television, the
communication shall include, in addi-
tion to the audio
statement under paragraph (1), a
written statement
that
``(A) appears at the
end of the communica-
tion in a clearly
readable manner with a reason-
able degree of color
contrast between the back-
ground and the
printed statement, for a period
of at least 4
seconds; and
``(B) is accompanied
by a clearly identifi-
able photographic or
similar image of the can-
didate.''.
SEC. 314. INCREASE IN
PENALTIES.
(a) IN GENERAL. Subparagraph (A)
of section
309(d)(1) of the
Federal Election Campaign Act of 1971
(2 U.S.C.
437g(d)(1)(A)) is amended to read as follows:
``(A) Any person who
knowingly and willfully com-
mits 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 cal-
endar year shall be
fined under title 18, United
States Code, or
imprisoned for not more than 5
years, or both; or
``(ii) aggregating
$2,000 or more (but less than
$25,000) during a
calendar year shall be fined under
such title, or
imprisoned for not more than one year,
or both.''.
(b) EFFECTIVE DATE. The amendment made
by
this section shall
apply to violations occurring on or after
the date of enactment
of this Act.
SEC. 315. 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 date of enactment
of this Act.
SEC. 316. SENTENCING
GUIDELINES.
(a) IN GENERAL. The United States
Sentencing
Commission shall
(1) promulgate a
guideline, or amend an exist-
ing guideline under
section 994 of title 28, United
States Code, in
accordance with paragraph (2), for
penalties for
violations of the Federal Election Cam-
paign Act of 1971 and
related election laws; and
(2) submit to
Congress an explanation of any
guidelines
promulgated under paragraph (1) and any
legislative or
administrative recommendations re-
garding enforcement
of the Federal Election Cam-
paign Act of 1971 and
related election laws.
(b) CONSIDERATIONS. The Commission
shall pro-
vide guidelines under
subsection (a) taking into account
the following
considerations:
(1) Ensure that the
sentencing guidelines and
policy statements
reflect the serious nature of such
violations and the
need for aggressive and appro-
priate law
enforcement action to prevent such viola-
tions.
(2) Provide a
sentencing enhancement for any
person convicted of
such violation if such violation
involves
(A) a contribution,
donation, or expendi-
ture from a foreign
source;
(B) a large number of
illegal transactions;
(C) a large aggregate
amount of illegal
contributions,
donations, or expenditures;
(D) the receipt or
disbursement of govern-
mental funds; and
(E) an intent to
achieve a benefit from the
Federal Government.
(3) Provide a
sentencing enhancement for any
violation by a person
who is a candidate or a high-
ranking campaign
official for such candidate.
(4) Assure reasonable
consistency with other
relevant directives
and guidelines of the Commission.
(5) Account for aggravating or mitigating cir-
cumstances that might
justify exceptions, including
circumstances for
which the sentencing guidelines
currently provide
sentencing enhancements.
(6) Assure the
guidelines adequately meet the
purposes of
sentencing under section 3553(a)(2) of
title 18, United
States Code.
(c) EFFECTIVE DATE; EMERGENCY AUTHORITY
TO
PROMULGATE GUIDELINES.
(1) EFFECTIVE DATE. Notwithstanding
sec-
tion 402, the United
States Sentencing Commission
shall promulgate
guidelines under this section not
later than the later
of
(A) 90 days after the
date of enactment of
this Act; or
(B) 90 days after the
date on which at
least a majority of
the members of the Commis-
sion 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 Sen-
tencing Reform Act of
1987, as though the authority
under such Act has
not expired.
SEC. 317. INCREASE IN
PENALTIES IMPOSED FOR VIOLA-
TIONS OF CONDUIT
CONTRIBUTION BAN.
(a) INCREASE IN CIVIL
MONEY PENALTY FOR KNOW-
ING AND WILLFUL
VIOLATIONS. Section 309(a)
of the
Federal Election
Campaign Act of 1971 (2 U.S.C.
437g(a)) is amended
(1) in paragraph
(5)(B), by inserting before the
period at the end the
following: ``(or, in the case of
a violation of
section 320, which is not less than 300
percent of the amount
involved in the violation and
is not more than the
greater of $50,000 or 1000
percent of the amount
involved in the violation)'';
and
(2) in paragraph
(6)(C), by inserting before the
period at the end the
following: ``(or, in the case of
a violation of
section 320, which is not less than 300
percent of the amount
involved in the violation and
is not more than the
greater of $50,000 or 1000
percent of the amount
involved in the violation)''.
(b) INCREASE IN CRIMINAL
PENALTY.
Section
309(d)(1) of such Act
(2 U.S.C. 437g(d)(1)) is amended
by adding at the end
the following new subparagraph:
``(D) Any person who
knowingly and will-
fully commits a
violation of section 320 involv-
ing 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 sub-
paragraph (A) if the
amount is $25,000 or
more); or
``(ii) fined not less
than 300 percent
of the amount
involved in the violation and
not more than the
greater of
``(I) $50,000; or
``(II) 1,000 percent
of the
amount involved in
the violation; or
``(iii) both
imprisoned under clause (i)
and fined under
clause (ii).''.
(c) EFFECTIVE DATE. The amendments
made by
this section shall
apply with respect to violations occurring
on or after the date
of enactment of this Act.
SEC. 318. RESTRICTION
ON INCREASED CONTRIBUTION
LIMITS BY TAKING INTO
ACCOUNT CAN-
DIDATES
AVAILABLE FUNDS.
Section 315(i)(1) of
the Federal Election Campaign
Act of 1971 (2 U.S.C.
441a(i)(1)), as added by this Act,
is amended by adding
at the end the following:
``(E) SPECIAL RULE FOR
CANDIDATE'S
CAMPAIGN FUNDS.
``(i) IN GENERAL. For purposes of
determining the
aggregate amount of ex-
penditures from
personal funds under sub-
paragraph (D)(ii),
such amount shall in-
clude the gross
receipts advantage of the
candidate's
authorized committee.
``(ii) GROSS RECEIPTS
ADVANTAGE.
For purposes of
clause (i), the term `gross
receipts advantage'
means the excess, if
any, of
``(I) the aggregate
amount of 50
percent of gross
receipts of a can-
didate's authorized
committee during
any election cycle
(not including con-
tributions from
personal funds of the
candidate) that may
be expended in
connection with the
election, as deter-
mined on June 30 and
December 31
of the year preceding
the year in
which a general
election is held, over
``(II) the aggregate
amount of 50
percent of gross
receipts of the oppos-
ing candidate's
authorized committee
during any election
cycle (not includ-
ing contributions
from personal funds
of the candidate)
that may be ex-
pended in connection
with the elec-
tion, as determined
on June 30 and
December 31 of the
year preceding
the year in which a
general election is
held.
TITLE IVSEVERABILITY;
EFFECTIVE DATE
SEC. 401.
SEVERABILITY.
If any provision of
this Act or amendment made by
this Act, or the
application of a provision or amendment
to any person or
circumstance, is held to be unconstitu-
tional, the remainder
of this Act and amendments made
by this Act, and the
application of the provisions and
amendment to any
person or circumstance, shall not be
affected by the
holding.
SEC. 402. EFFECTIVE
DATE.
Except as otherwise
provided in this Act, this Act and
the amendments made
by this Act shall take effect 30
days after the date
of its enactment.
SEC. 403. EXPEDITED
REVIEW.
(a) EXPEDITED REVIEW. Any individual
or organi-
zation that would
otherwise have standing to challenge a
provision of, or
amendment made by, this Act may bring
an action, in the
United States District Court for the Dis-
trict of Columbia,
for declaratory judgment and injunctive
relief on the ground
that such provision or amendment
violates the
Constitution. For purposes of the expedited
review provided by
this section the exclusive venue for
such an action shall
be the United States District Court
for the District of
Columbia.
(b) APPEAL TO SUPREME
COURT.
Notwithstanding
any other provision
of law, any order or judgment of the
United States
District Court for the District of Columbia
finally disposing of
an action brought under subsection (a)
shall be reviewable
by appeal directly to the Supreme
Court of the United
States. Any such appeal shall be taken
by a notice of appeal
filed within 10 calendar days after
such order or
judgment is entered; and the jurisdictional
statement shall be
filed within 30 calendar days after such
order or judgment is
entered.
(c) EXPEDITED
CONSIDERATION. It shall be the
duty of the 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 ex-
tent the disposition
of any matter brought under sub-
section (a).
TITLE VADDITIONAL
DISCLOSURE PROVISIONS
SEC. 501. INTERNET
ACCESS TO RECORDS.
Section 304(a)(11)(B)
of the Federal Election Cam-
paign Act of 1971 (2
U.S.C. 434(a)(11)(B)) is amended
to read as follows:
``(B) The Commission
shall make a designation,
statement, report, or
notification that is filed with the
Commission under this
Act available for inspection by the
public in the offices
of the Commission and accessible to
the public on the
Internet not later than 48 hours (24
hours in the case of
a designation, statement, report, or
notification filed
electronically) after receipt by the Com-
mission.''.
SEC. 502. MAINTENANCE
OF WEBSITE OF ELECTION RE-
PORTS.
(a) IN GENERAL. The Federal
Election Commission
shall maintain a
central site on the Internet to make ac-
cessible to the
public all publicly available election-related
reports and
information.
(b) ELECTION-RELATED REPORT. In this section,
the term
``election-related report'' means any report, des-
ignation, or
statement required to be filed under the Fed-
eral Election
Campaign Act of 1971.
(c) COORDINATION WITH
OTHER AGENCIES. Any
Federal executive
agency receiving election-related infor-
mation which that
agency is required by law to publicly
disclose shall
cooperate and coordinate with the Federal
Election Commission
to make such report available
through, or for
posting on, the site of the Federal Election
Commission in a
timely manner.
SEC. 503. ADDITIONAL
MONTHLY AND QUARTERLY DISCLO-
SURE REPORTS.
(a) PRINCIPAL CAMPAIGN
COMMITTEES.
(1) MONTHLY REPORTS. Section
304(a)(2)(A)
of the Federal
Election Campaign Act of 1971 (2
U.S.C. 434(a)(2)(A))
is amended by striking clause
(iii) and inserting
the following:
``(iii) additional
monthly reports, which
shall be filed not
later than the 20th day after
the last day of the
month and shall be complete
as of the last day of
the month, except that
monthly reports shall
not be required under this
clause in November
and December and a year
end report shall be
filed not later than January
31 of the following
calendar year.''.
(2) QUARTERLY REPORTS. Section
304(a)(2)(B) of such
Act is amended by striking
``the following
reports'' and all that follows through
the period and
inserting ``the treasurer shall file
quarterly reports,
which shall be filed not later than
the 15th day after
the last day of each calendar
quarter, and which
shall be complete as of the last
day of each calendar
quarter, except that the report
for the quarter
ending December 31 shall be filed
not later than
January 31 of the following calendar
year.''.
(b) NATIONAL COMMITTEE OF
A POLITICAL
PARTY. Section 304(a)(4)
of the Federal Election Cam-
paign Act of 1971 (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 sub-
paragraph (B).''.
(c) CONFORMING AMENDMENTS.
(1) SECTION 304. Section 304(a) of
the Fed-
eral Election
Campaign Act of 1971 (2 U.S.C.
434(a)) is amended
(A) in paragraph
(3)(A)(ii), by striking
``quarterly reports''
and inserting ``monthly re-
ports''; and
(B) in paragraph (8),
by striking ``quar-
terly report under
paragraph (2)(A)(iii) or
paragraph (4)(A)(i)''
and inserting ``monthly
report under
paragraph (2)(A)(iii) or paragraph
(4)(A)''.
(2) SECTION 309. Section 309(b) of
the Fed-
eral Election
Campaign Act of 1971 (2 U.S.C.
437g(b)) is amended
by striking ``calendar quarter''
and inserting
``month''.
SEC. 504. PUBLIC
ACCESS TO BROADCASTING RECORDS.
Section 315 of the
Communications Act of 1934 (47
U.S.C. 315), as
amended by this Act, is amended by redes-
ignating subsections
(e) and (f) as subsections (f) and (g),
respectively, and
inserting after subsection (d) the fol-
lowing:
``(e) POLITICAL RECORD.
``(1) IN GENERAL. A licensee shall
maintain,
and make available
for public inspection, a complete
record of a request
to purchase broadcast time
that
``(A) is made by or
on behalf of a legally
qualified candidate
for public office; or
``(B) communicates a
message relating to
any political matter
of national importance,
including
``(i) a legally
qualified candidate;
``(ii) any election
to Federal office; or
``(iii) a national
legislative issue of
public importance.
``(2) CONTENTS OF RECORD. A record main-
tained under
paragraph (1) shall contain informa-
tion regarding
``(A) whether the
request to purchase
broadcast time is
accepted or rejected by the li-
censee;
``(B) the rate
charged for the broadcast
time;
``(C) the date and
time on which the com-
munication is aired;
``(D) the class of
time that is purchased;
``(E) the name of the
candidate to which
the communication
refers and the office to
which the candidate
is seeking election, the elec-
tion to which the
communication refers, or the
issue to which the
communication refers (as ap-
plicable);
``(F) in the case of
a request made by, or
on behalf of, a
candidate, the name of the can-
didate, the
authorized committee of the can-
didate, and the
treasurer of such committee;
and
``(G) in the case of
any other request, the
name of the person
purchasing the time, the
name, address, and
phone number of a contact
person for such
person, and a list of the chief
executive officers or
members of the executive
committee or of the
board of directors of such
person.
``(3) TIME TO MAINTAIN FILE. The informa-
tion required under
this subsection shall be placed in
a political file as
soon as possible and shall be re-
tained by the
licensee for a period of not less than
2 years.''.
Passed the Senate
April 2 (legislative day, March
30), 2001.
Attest:
Secretary.