McCain-Feingold - Title III - Miscellaneous

From the Congressional Research Service:

Bipartisan Campaign Reform Act of 2002

Title III: Miscellaneous
Amends FECA to codify FEC regulations on permissible uses for contributions and donations, while retaining the ban on the conversion of a contribution or donation to personal use.

(Sec. 302) Revises the ban under the Federal criminal code against solicitation or receipt of campaign contributions by Federal officials and from anyone located in any Federal government building used to discharge official duties. Extends the ban to:

1. specify State and local as well as Federal elections; and
2. cover soft money.

(Sec. 303) Amends FECA to revise the ban on campaign contributions from foreign nationals to include donations, expenditures, independent expenditures, disbursements for an electioneering communication, as well as contributions or donations to any political party committee.

(Sec. 304) Specifies formulae for increasing the limits on individual and political party committee contributions for a Senate candidate whose opponent exceeds the threshold level of spending from personal funds in the campaign, whose basic formula shall be $150,000 plus $0.04 times the voting age population. Limits repayment of a candidate's personal loans incurred in connection with his or her campaign to $250,000 from contributions made to the candidate or any authorized committee of the candidate after the election.

(Sec. 305) Declares that a candidate for Federal office shall not be entitled to the lowest unit rate broadcast time unless he or she certifies to the broadcast station that the candidate (or any of his or her authorized committees) will not refer directly to another candidate for the same office unless a broadcast ad includes the candidate's photo or image on TV and a statement of the candidate's approval printed for display on TV and spoken by the candidate on radio.

(Sec. 306) Amends FECA to require:

1. the FEC to promulgate standards for and to provide standardized software for filing FEC reports electronically;
2. candidates' use of such software; and
3. the FEC to post any information received electronically on the Internet as soon as practicable.

(Sec. 307) Raises:

1. the limit on aggregate individual contributions to national political party committees from $20,000 to $25,000 per year;
2. the limit on annual aggregate individual contributions to Federal candidates, political action committees (PACs), and parties from $25,000 to $37,500 in the case of contributions to candidates and the authorized committees of candidates, and to $57,500 in the case of any other contributions, of which not more than $37,500 may be attributable to contributions to political committees which are not political committees of national political parties during a specified period; and
3. the special limit on combined contributions to Senate candidates by national and senatorial party committees $17,500 to $35,000 in year of election. Provides for indexing for inflation of limits on certain contributions and expenditures.

(Sec. 308) Amends Federal law on presidential inaugural ceremonies to require disclosure to the FEC by Presidential Inaugural Committees of any donation made to them in an aggregate amount equal to or greater than $200. Bans foreign national donations to a Presidential Inaugural Committee. Directs the FEC to make any report filed by such a Committee accessible to the public at FEC offices and on the Internet.

(Sec. 309) Amends FECA to prohibit fraudulent misrepresentation in the solicitation of campaign funds.

(Sec. 310) Directs the Comptroller General to study and report to Congress on statistics for and effects of public financing (clean money clean elections) of the 2000 elections in Arizona and Maine.

(Sec. 311) Amends FECA to require:

1. sponsorship identification on all election-related advertising (including on electioneering communications) by the political committee or other person paying for the communication and the name of any connected organization of the payor; and
2. enhanced visibility or other disclosure of such identification in the communication.

(Sec. 312) Increases criminal penalties for knowing and willful violations involving:

1. contributions, expenditures, or donations in amounts aggregating from $2,000 to $25,000 per year; and
2. contributions, expenditures, or donations in amounts aggregating $25,000 or more per year.

(Sec. 313) Changes from three to five years the statute of limitations for criminal violations of Federal election law.

(Sec. 314) Directs the United States Sentencing Commission to promulgate penalty guidelines and to make legislative or administrative recommendations to Congress regarding enforcement of Federal election law.

(Sec. 315) Imposes specific civil money and criminal penalties for knowing and willful violations of the ban on contributions made in the name of another person (conduit contribution ban)

(Sec. 316) Provides that:

1. for purposes of determining the aggregate amount of expenditures from a candidate's personal funds used in determining the opposition personal funds amount in Senate elections, such aggregate amount shall include the gross receipts advantage of the candidate's authorized committee; and
2. the ban on contributions and donations from foreign nationals does not include U.S. nationals.

(Sec. 318) Prohibits contributions to candidates and donations to political party committees by individuals age 17 or younger.

(Sec. 319) Amends FECA to provide that if the opposition personal funds amount with respect to a candidate for election to Congress exceeds $350,000:

1. the individual contribution limit with respect to the House of Representatives candidate shall be tripled (from $1,000 to $3,000);
2. the aggregate annual individual contribution limit ($25,000) shall not apply with respect to any contribution made with respect to the candidate if the contribution is made under such increased limit; and
3. the limits on any expenditure by a State or national committee of a political party on behalf of the candidate shall not apply.