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Pub.L. 107-156 To extend the authority of the Export-Import Bank until April 30, 2002. <> ...


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[[Page 116 STAT. 81]]

Public Law 107-155
107th Congress

                                 An Act


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.

            TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

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

              TITLE II--NONCANDIDATE CAMPAIGN EXPENDITURES

                Subtitle A--Electioneering Communications

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

          Subtitle B--Independent and Coordinated Expenditures

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

                        TITLE III--MISCELLANEOUS

Sec. 301. Use of contributed amounts for certain purposes.
Sec. 302. Prohibition of fundraising on Federal property.
Sec. 303. Strengthening foreign money ban.
Sec. 304. Modification of individual contribution limits in response to 
           expenditures from personal funds.
Sec. 305. Limitation on availability of lowest unit charge for Federal 
           candidates 
           attacking opposition.
Sec. 306. Software for filing reports and prompt disclosure of 
           contributions.
Sec. 307. Modification of contribution limits.
Sec. 308. Donations to Presidential inaugural committee.
Sec. 309. Prohibition on fraudulent solicitation of funds.
Sec. 310. Study and report on clean money clean elections laws.
Sec. 311. Clarity standards for identification of sponsors of election-
           related advertising.
Sec. 312. Increase in penalties.
Sec. 313. Statute of limitations.
Sec. 314. Sentencing guidelines.
Sec. 315. Increase in penalties imposed for violations of conduit 
           contribution ban.

[[Page 116 STAT. 82]]

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

                 TITLE IV--SEVERABILITY; EFFECTIVE DATE

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

                TITLE V--ADDITIONAL DISCLOSURE PROVISIONS

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

            TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE

SEC. 101. SOFT MONEY OF POLITICAL PARTIES.

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

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

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

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

[[Page 116 STAT. 83]]

                clause to the extent the amounts expended or disbursed 
                for such activity are allocated (under regulations 
                prescribed by the Commission) among amounts--
                          ``(i) which consist solely of contributions 
                      subject to the limitations, prohibitions, and 
                      reporting requirements of this Act (other than 
                      amounts described in subparagraph (B)(iii)); and
                          ``(ii) other amounts which are not subject to 
                      the limitations, prohibitions, and reporting 
                      requirements of this Act (other than any 
                      requirements of this subsection).
                    ``(B) Conditions.--Subparagraph (A) shall only apply 
                if--
                          ``(i) the activity does not refer to a clearly 
                      identified candidate for Federal office;
                          ``(ii) the amounts expended or disbursed are 
                      not for the costs of any broadcasting, cable, or 
                      satellite communication, other than a 
                      communication which refers solely to a clearly 
                      identified candidate for State or local office;
                          ``(iii) the amounts expended or disbursed 
                      which are described in subparagraph (A)(ii) are 
                      paid from amounts which are donated in accordance 
                      with State law and which meet the requirements of 
                      subparagraph (C), except that no person (including 
                      any person established, financed, maintained, or 
                      controlled by such person) may donate more than 
                      $10,000 to a State, district, or local committee 
                      of a political party in a calendar year for such 
                      expenditures or disbursements; and
                          ``(iv) the amounts expended or disbursed are 
                      made solely from funds raised by the State, local, 
                      or district committee which makes such expenditure 
                      or disbursement, and do not include any funds 
                      provided to such committee from--
                                    ``(I) any other State, local, or 
                                district committee of any State party,
                                    ``(II) the national committee of a 
                                political party (including a national 
                                congressional campaign committee of a 
                                political party),
                                    ``(III) any officer or agent acting 
                                on behalf of any committee described in 
                                subclause (I) or (II), or
                                    ``(IV) any entity directly or 
                                indirectly established, financed, 
                                maintained, or controlled by any 
                                committee described in subclause (I) or 
                                (II).
                    ``(C) Prohibiting involvement of national parties, 
                federal candidates and officeholders, and state parties 
                acting jointly.--Notwithstanding subsection (e) (other 
                than subsection (e)(3)), amounts specifically authorized 
                to be spent under subparagraph (B)(iii) meet the 
                requirements of this subparagraph only if the amounts--
                          ``(i) are not solicited, received, directed, 
                      transferred, or spent by or in the name of any 
                      person described in subsection (a) or (e); and
                          ``(ii) are not solicited, received, or 
                      directed through fundraising activities conducted 
                      jointly by 2 or more State, local, or district 
                      committees of any political party

[[Page 116 STAT. 84]]

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

    ``(c) Fundraising Costs.--An amount spent by a person described in 
subsection (a) or (b) to raise funds that are used, in whole or in part, 
for expenditures and disbursements for a Federal election activity shall 
be made from funds subject to the limitations, prohibitions, and 
reporting requirements of this Act.
    ``(d) Tax-Exempt Organizations.--A national, State, district, or 
local committee of a political party (including a national congressional 
campaign committee of a political party), an entity that is directly or 
indirectly established, financed, maintained, or controlled by any such 
national, State, district, or local committee or its agent, and an 
officer or agent acting on behalf of any such party committee or entity, 
shall not solicit any funds for, or make or direct any donations to--
            ``(1) an organization that is described in section 501(c) of 
        the Internal Revenue Code of 1986 and exempt from taxation under 
        section 501(a) of such Code (or has submitted an application for 
        determination of tax exempt status under such section) and that 
        makes expenditures or disbursements in connection with an 
        election for Federal office (including expenditures or 
        disbursements for Federal election activity); or
            ``(2) an organization described in section 527 of such Code 
        (other than a political committee, a State, district, or local 
        committee of a political party, or the authorized campaign 
        committee of a candidate for State or local office).

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

[[Page 116 STAT. 85]]

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

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