[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1246 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1246

             To reform the financing of Federal elections.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 1, 1997

 Mr. Santorum introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
             To reform the financing of Federal elections.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voter Empowerment and Campaign 
Disclosure Act of 1997''.

SEC. 2. SENSE OF THE CONGRESS.

    It is the sense of the Congress that because legal permanent 
residents of the United States are protected by the Constitution, the 
residents have the right under the First Amendment to legally express 
themselves through expenditures and contributions that affect the 
political and electoral process.

SEC. 3. VOTER EMPOWERMENT BY INCREASE AND INDEXING OF CONTRIBUTION 
              LIMITS.

    (a) Increase in Individual Contribution Limits.--Section 315(a) of 
the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is 
amended--
            (1) in paragraph (1)--
                    (A) by striking subparagraph (A) and inserting the 
                following:
            ``(A)(i) to a local candidate (as defined in paragraph (9)) 
        and the candidate's authorized committees with respect to any 
        election for Federal office that, in the aggregate, exceed 
        $4,000; and
            ``(ii) to a non-local candidate and the candidate's 
        authorized committees with respect to any election for Federal 
        office that, in the aggregate, exceed $1,000;'';
                    (B) in subparagraph (B), by striking ``$20,000'' 
                and inserting ``$60,000''; and
                    (C) in subparagraph (C), by striking ``$5,000'' and 
                inserting ``$15,000''; and
            (2) in paragraph (3)--
                    (A) by striking ``$25,000'' and inserting 
                ``$75,000''; and
                    (B) by striking the second sentence.
    (b) Decrease in PAC Contribution Limit.--Section 315(a)(2)(A) of 
the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)(A)) is 
amended by striking ``$5,000'' and inserting ``$4,000''.
    (c) Definition of Local Candidate.--Section 315 of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by 
adding at the end the following:
    ``(9) Local Candidate.--In subsection (a), the term `local 
candidate' means a candidate seeking nomination for election to, or 
election to, the Senate or the House of Representatives for the State 
in which the principal residence (as this term is used in section 121 
the Internal Revenue Code of 1986) of the contributor is located.''.
    (d) Indexing Limits.--Section 315(c) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended--
            (1) in paragraph (1), by striking ``subsection (b) and 
        subsection (d)'' and inserting ``subsections (a), (b), and 
        (d)''; 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 subsection (a), calendar 
                year 1997.''.

SEC. 4. POLITICAL COMMITTEE EXPENDITURE REFORM.

    (a) Political Party Committee Expenditures.--Section 315 of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 441a) is amended by 
striking subsection (d) and inserting the following:
    ``(d) Political Parties.--
            ``(1) In general.--Notwithstanding any other provision of 
        law with respect to limitations on expenditures or limitations 
        on contributions, the national committee of a political party 
        and a State committee of a political party, including any 
        subordinate committee of a State committee, may make 
        expenditures in connection with the general election campaign 
        of candidates for Federal office.
            ``(2) Treatment of expenditures.--An expenditure made under 
        paragraph (1) shall not be treated as a contribution to or 
        expenditure made by the candidate in connection with whom the 
        expenditure is made for any purpose.''.
    (b) Increase in PAC Contribution Limits.--Section 315(a)(2) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is 
amended--
            (1) in subparagraph (B), by striking ``$15,000'' and 
        inserting ``$45,000''; and
            (2) in subparagraph (C), by striking ``$5,000'' and 
        inserting ``$15,000''.
    (c) Definition of Express Advocacy.--Section 301 of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431) is amended--
            (1) by striking paragraph (17) and inserting the following:
            ``(17) Independent expenditure.--
                    ``(A) In general.--The term `independent 
                expenditure' means an expenditure that--
                            ``(i) contains express advocacy; and
                            ``(ii) is made without cooperation or 
                        consultation with any candidate, or any 
                        authorized committee or agent of such 
                        candidate, and that is not made in concert 
                        with, or at the request or suggestion of, any 
                        candidate, or any authorized committee or agent 
                        of such candidate.''; and
            (2) by adding at the end the following:
            ``(20) Express advocacy.--The term `express advocacy' 
        includes a communication that conveys a message that advocates 
        the election or defeat of a clearly identified candidate by 
        using an expression such as `vote for,' `elect,' `support,' 
`vote against,' `defeat,' `reject,' `(name of candidate) for Congress,' 
`vote pro-life,' or `vote pro-choice,' accompanied by a listing or 
picture of a clearly identified candidate described as `pro-life' or 
`pro-choice,' `reject the incumbent,' or a similar expression.''.

SEC. 5. INCREASED DISCLOSURE.

    (a) Clarification of Definition of Cooperation or Consultation.--
Section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431(17)) (as amended by section 4(c)) is amended by adding at the end 
the following:
                    ``(B) Cooperation or consultation.--The term 
                `cooperation or consultation' does not include a 
                consultation solely for the purpose of determining the 
                factual accuracy of information about the candidate to 
                be used in connection with a voter guide or information 
                about a voting record (as those terms are defined in 
                regulation by the Commission).''.
    (b) Monthly Reporting.--Section 304(a)(2) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 434(a)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``Senate'' and inserting ``Senate or political committee of a 
        national party'';
            (2) in subparagraph (A) by striking ``the following 
        reports:'' and all that follows and inserting ``a monthly 
        report, that shall be filed no later than the 20th day after 
        the last day of each month and shall be complete as of the last 
        day of the month; and''; and
            (3) in subparagraph (B)--
                    (A) by striking ``(i)'' and inserting ``(i)(I) in 
                the case of a principal campaign committee of a 
                candidate,'';
                    (B) by redesignating clause (ii) as subclause (II);
                    (C) in clause (i)(II), as redesignated by clause 
                (ii), by striking the period at the end and inserting 
                ``; and''; and
                    (D) by adding at the end the following:
                    ``(ii) in the case of a political committee of a 
                national party, reports shall be filed under paragraph 
                (4)(A)(iv).''.

SEC. 6. FEDERAL ELECTION COMMISSION REFORM.

    (a) Increase in Penalty for Knowing and Willful Violations.--
Section 309(a)(5)(B) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 437g(a)(5)(B)) is amended by striking ``the greater of $10,000 
or an amount equal to 200 percent'' and inserting ``the greater of 
$15,000 or an amount equal to 300 percent''.
    (b) Attorney's Fees.--Section 309(a)(8) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 4437g(a)(8)) is amended by adding at the 
end the following:
            ``(D) In any proceeding under this paragraph in which the 
        defendant substantially prevails on substantive grounds, the 
        court may, in addition to any judgment awarded to the 
        defendant, allow reasonable attorney's fees and other costs of 
        the civil action.''.

SEC. 7. RIGHTS OF EMPLOYEES RELATING TO THE PAYMENT AND USE OF LABOR 
              ORGANIZATION DUES.

    (a) Payment of Dues.--
            (1) Rights of employees.--Section 7 of the National Labor 
        Relations Act (29 U.S.C. 157) is amended by striking 
        ``membership'' and all that follows and inserting the 
        following: ``the payment to a labor organization of dues or 
        fees related to collective bargaining, contract administration, 
        or grievance adjustment necessary to performing the duties of 
        exclusive representation as a condition of employment as 
        authorized in section 8(a)(3).''.
            (2) Unfair labor practices.--Section 8(a)(3) of the 
        National Labor Relations Act (29 U.S.C. 158(a)(3)) is amended 
        by striking ``membership therein'' and inserting ``the payment 
        to such labor organization of dues or fees related to 
        collective bargaining, contract administration, or grievance 
        adjustment necessary to performing the duties of exclusive 
        representation''.
    (b) Requirements for Use of Dues for Certain Purposes.--
            (1) Written agreement.--Section 8 of the National Labor 
        Relations Act (29 U.S.C. 158) is amended by adding at the end 
        the following:
    ``(h)(1) An employee subject to an agreement between an employer 
and a labor organization requiring the payment of dues or fees to such 
organization as authorized in subsection (a)(3) may not be required to 
pay to such organization, nor may such organization accept payment of, 
any dues or fees not related to collective bargaining, contract 
administration, or grievance adjustment necessary to performing the 
duties of exclusive representation unless the employee has agreed to 
pay such dues or fees in a signed written agreement that shall be 
renewed between the first day of September and the first day of October 
of each year.
    ``(2) Such signed written agreement shall include a ratio, 
certified by an independent auditor, of the dues or fees related to 
collective bargaining, contract administration, or grievance adjustment 
necessary to performing the duties of exclusive representation and the 
dues or fees related to other purposes.''.
            (2) Written assignment.--Section 302(c)(4) of the Labor 
        Management Relations Act, 1947 (29 U.S.C. 186) is amended by 
        inserting before the semicolon the following: ``: Provided 
        further, That no amount may be deducted for dues unrelated to 
        collective bargaining, contract administration, or grievance 
        adjustment necessary to performing the duties of exclusive 
        representation unless a written assignment authorizes such a 
        deduction''.
    (c) Notice to Employees Relating to the Payment and Use of Dues.--
Section 8 of the National Labor Relations Act (29 U.S.C. 158) (as 
amended by subsection (b)(1)) is amended by adding at the end the 
following:
    ``(i)(1) An employer shall post a notice that informs the employees 
of their rights under section 7 of this Act and clarifies to such 
employees that an agreement requiring the payment of dues or fees to a 
labor organization as a condition of employment as authorized in 
subsection (a)(3) may only require that employees pay to such 
organization any dues or fees related to collective bargaining, 
contract administration, or grievance adjustment necessary to 
performing the duties of exclusive representation. A copy of such 
notice shall be provided to each employee not later than 10 days after 
the first day of employment.
    ``(2) The notice described in paragraph (1) shall be of such size 
and in such form as the Board shall prescribe and shall be posted in 
conspicuous places in and about the plants and offices of such 
employer, including all places where notices to employees are 
customarily posted.''.
    (d) Employee Participation in the Affairs of a Labor 
Organization.--Section 8(b)(1) of the National Labor Relations Act (29 
U.S.C. 158(b)(1)) is amended by striking ``therein;'' and inserting the 
following: ``therein, except that, an employee who is subject to an 
agreement between an employer and a labor organization requiring as a 
condition of employment the payment of dues or fees to such 
organization as authorized in subsection (a)(3) and who pays such dues 
or fees shall have the same right to participate in the affairs of the 
organization related to collective bargaining, contract administration, 
or grievance adjustment as any member of the organization;''.
    (e) Disclosure to Employees.--
            (1) Expenses reporting.--Section 201(b) of the Labor-
        Management Reporting and Disclosure Act of 1959 (29 U.S.C. 
        431(b)) is amended by adding at the end the following: ``Every 
        labor organization shall be required to attribute and report 
        expenses by function classification in such detail as necessary 
        to allow the members of such organization or the employees 
        required to pay any dues or fees to such organization to 
        determine whether such expenses were related to collective 
        bargaining, contract administration, or grievance adjustment 
        necessary to performing the duties of exclusive representation 
        or were related to other purposes.''.
            (2) Report information.--Section 201(c) of the Labor-
        Management Reporting and Disclosure Act of 1959 (29 U.S.C. 
        431(c)) is amended--
                    (A) by inserting ``and employees required to pay 
                any dues or fees to such organization'' after 
                ``members'';
                    (B) by striking ``suit of any member of such 
                organization'' and inserting ``suit of any member of 
                such organization or employee required to pay any dues 
                or fees to such organization''; and
                    (C) by striking ``such member'' and inserting 
                ``such member or employee''.
            (3) Regulations.--The Secretary of Labor shall promulgate a 
        regulation as necessary to carry out the amendments made by 
        this subsection not later than 120 days after the date of 
        enactment of this Act.
    (f) Effective Date.--This section shall take effect on the date of 
enactment of this Act, except that the requirements contained in the 
amendments made by subsections (b) and (c) shall take effect 60 days 
after the date of enactment of this Act.

SEC. 8. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.

    Section 607 of title 18, United States Code, is amended--
            (1) in subsection (a), by inserting ``or donation of money 
        or anything else of value made by any person to a national 
        committee of a political party'' after ``Act of 1971''; and
            (2) in subsection (b)--
                    (A) by inserting ``or donations'' after 
                ``contributions'' each place it appears;
                    (B) by inserting ``or donation'' after 
                ``contribution''; and
                    (C) by inserting ``donator'' after ``contributor''.

SEC. 9. LIMIT ON USE OF THE FRANKING PRIVILEGE.

    Section 3210(a)(6) of title 39, United States Code, is amended--
            (1) in subparagraph (A)--
                    (A) in the matter preceding clause (i), by striking 
                ``Congress may not'' and inserting ``the House of 
                Representatives may not''; and
                    (B) in clause (i), by striking ``60 days (or, in 
                the case of a Member of the House, fewer than 90 
                days)'' and inserting ``90 days''; and
            (2) by striking subparagraph (C) and inserting the 
        following:
                    ``(C)(i) A Member of the Senate shall not mail any 
                mass mailing as franked mail during a year in which 
                there will be an election for the seat held by the 
                Member during the period between January 1 of that year 
                and the date of the general election for that office, 
                unless the Member has made a public announcement that 
                the Member will not be a candidate for reelection to 
                that office in that year.
                    ``(ii) A Member of the Senate shall not mail any 
                mass mailing as franked mail if the mass mailing is 
                postmarked fewer than 60 days before the date of any 
                primary election or general election (whether regular, 
                special, or runoff) for any national, State, or local 
                office in which the Member is a candidate for 
                election.''.

SEC. 10. EFFECTIVE DATE.

    Except as otherwise provided in this Act, this Act and the 
amendments made by this Act shall apply to elections occurring and 
filing periods beginning after December 31, 1998.
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