[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1150 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1150
To amend the Federal Election Campaign Act of 1971 to reform the
financing of campaigns for elections for Federal office, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 21, 2001
Mr. Hutchinson (for himself, Mr. Brady of Texas, Mr. Moran of Kansas,
Mr. Hulshof, and Mr. Petri) introduced the following bill; which was
referred to the Committee on House Administration, and in addition to
the Committees on Education and the Workforce, and the Judiciary, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to reform the
financing of campaigns for elections for Federal office, and for other
purposes.
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 ``Campaign Integrity Act of 2001''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--SOFT MONEY AND EXPENDITURES OF POLITICAL PARTIES AND
CANDIDATES
Sec. 101. Ban on soft money of national political parties and
candidates.
Sec. 102. Repeal of limitations on amount of coordinated expenditures
by political parties.
TITLE II--REVISION OF CONTRIBUTION LIMITS
Sec. 201. Increase in contribution limits.
Sec. 202. Indexing of contribution limits.
TITLE III--EXPANDING DISCLOSURE OF CAMPAIGN FINANCE INFORMATION
Sec. 301. Disclosure of certain communications.
Sec. 302. Requiring monthly filing of reports.
Sec. 303. Software for filing of reports.
TITLE IV--STRENGTHENING ENFORCEMENT AND ADMINISTRATION OF FEDERAL
ELECTION COMMISSION
Sec. 401. Standards for initiation of actions and written responses by
Federal Election Commission.
Sec. 402. Banning acceptance of cash contributions greater than $100.
Sec. 403. Deposit of certain contributions and donations to be returned
to donors in Treasury account.
Sec. 404. Abolition of ex officio membership of Clerk of House of
Representatives and Secretary of Senate on
Commission.
Sec. 405. Broader prohibition against force and reprisals.
Sec. 406. Signature authority of members of Commission for subpoenas
and notification of intent to seek
additional information.
Sec. 407. Making alternative procedures for imposition of penalties for
reporting violations permanent.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Codification of Beck decision.
Sec. 502. Prohibition of solicitation of political party soft money in
Federal buildings.
Sec. 503. Filing of Senate reports with the Federal Election
Commission.
TITLE VI--EFFECTIVE DATE
Sec. 601. Effective date.
TITLE I--SOFT MONEY AND EXPENDITURES OF POLITICAL PARTIES AND
CANDIDATES
SEC. 101. BAN ON SOFT MONEY OF NATIONAL POLITICAL PARTIES AND
CANDIDATES.
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 new section:
``ban on use of soft money by national political parties and candidates
``Sec. 323. (a) National Parties.--A national committee of a
political party, including the national congressional campaign
committees of a political party, and any officers or agents of such
party committees, may not solicit, receive, or direct any
contributions, donations, or transfers of funds, or spend any funds,
which are not subject to the limitations, prohibitions, and reporting
requirements of this Act. This subsection shall apply to any entity
that is established, financed, maintained, or controlled (directly or
indirectly) by, or acting on behalf of, a national committee of a
political party, including the national congressional campaign
committees of a political party, and any officers or agents of such
party committees.
``(b) Candidates.--
``(1) In general.--No candidate for Federal office,
individual holding Federal office, or any agent of such
candidate or officeholder may solicit, receive, or direct--
``(A) any funds in connection with any Federal
election unless such funds are subject to the
limitations, prohibitions and reporting requirements of
this Act;
``(B) any funds that are to be expended in
connection with any election for other than a Federal
office unless such funds are not in excess of the
amounts permitted with respect to contributions to
Federal candidates and political committees under
section 315(a)(1) and (2), and are not from sources
prohibited from making contributions by this Act with
respect to elections for Federal office; or
``(C) any funds on behalf of any person which are
not subject to the limitations, prohibitions, and
reporting requirements of this Act if such funds are
for the purpose of financing any activity on behalf of
a candidate for election for Federal office or any
communication which refers to a clearly identified
candidate for election for Federal office.
``(2) Exception for certain activities.--Paragraph (1)
shall not apply to--
``(A) the solicitation or receipt of funds by an
individual who is a candidate for a non-Federal office
if such activity is permitted under State law for such
individual's non-Federal campaign committee; or
``(B) the attendance by an individual who holds
Federal office or is a candidate for election for
Federal office at a fundraising event for a State or
local committee of a political party of the State which
the individual represents or seeks to represent as a
Federal officeholder, if the event is held in such
State.
``(c) Prohibiting Transfers of Non-Federal Funds Between State
Parties.--A State committee of a political party may not transfer any
funds to a State committee of a political party of another State unless
the funds are subject to the limitations, prohibitions, and reporting
requirements of this Act.
``(d) Applicability to Funds From All Sources.--This section shall
apply with respect to funds of any individual, corporation, labor
organization, or other person.''.
SEC. 102. REPEAL OF LIMITATIONS ON AMOUNT OF COORDINATED EXPENDITURES
BY POLITICAL PARTIES.
(a) In General.--Section 315(d) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441a(d)) is amended by striking paragraphs (2)
and (3).
(b) Conforming Amendments.--Section 315(d)(1) of such Act (2 U.S.C.
441a(d)(1)) is amended--
(1) by striking ``(d)(1)'' and inserting ``(d)''; and
(2) by striking ``, subject to the limitations contained in
paragraphs (2) and (3) of this subsection''.
TITLE II--REVISION OF CONTRIBUTION LIMITS
SEC. 201. INCREASE IN CONTRIBUTION LIMITS.
(a) Limits on Contributions by Individuals.--Section 315(a) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``$1,000'' and
inserting ``$3,000'', and
(B) in subparagraph (B), by striking ``$20,000''
and inserting ``$60,000''; and
(2) in paragraph (3)--
(A) by striking ``$25,000'' and inserting
``$100,000'', and
(B) by striking the second sentence.
(b) Limits on Contributions by Multicandidate Committees.--Section
315(a)(2) of such Act (2 U.S.C. 441a(a)(2)) is amended--
(1) in subparagraph (A)--
(A) by striking ``$5,000'' and inserting
``$7,500'', and
(B) by inserting ``except as provided in
subparagraph (D),'' before ``to any candidate'';
(2) in subparagraph (B)--
(A) by striking ``$15,000'' and inserting
``$45,000'', and
(B) by striking ``or'' at the end;
(3) in subparagraph (C), by striking ``$5,000.'' and
inserting ``$7,500; or''; and
(4) by adding at the end the following:
``(D) in the case of a national committee of a political
party, to any candidate and his authorized political committees
with respect to any election for Federal office which, in the
aggregate, exceed $15,000.''.
SEC. 202. INDEXING OF CONTRIBUTION LIMITS.
Section 315(c) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(c)) is amended by adding at the end the following new
paragraph:
``(3)(A) The amount of each limitation established under subsection
(a) shall be adjusted as follows:
``(i) For calendar year 2003, each such amount shall be
equal to the amount described in such subsection, increased (in
a compounded manner) by the percentage increase in the price
index (as defined in subsection (c)(2)) for each of the years
2001 through 2002.
``(ii) For calendar year 2005 and each second subsequent
year, each such amount shall be equal to the amount for the
second previous year (as adjusted under this subparagraph),
increased (in a compounded manner) by the percentage increase
in the price index for each of the 2 previous years.
``(B) In the case of any amount adjusted under this subparagraph
which is not a multiple of $100, the amount shall be rounded to the
nearest multiple of $100.''.
TITLE III--EXPANDING DISCLOSURE OF CAMPAIGN FINANCE INFORMATION
SEC. 301. DISCLOSURE OF CERTAIN COMMUNICATIONS.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434), as amended by section 502(a) of the Department of Transportation
and Related Agencies Act, 2001 (as enacted into law by reference under
section 101(a) of Public Law 106-346), is amended by adding at the end
the following:
``(e) Disclosure of Certain Communications.--
``(1) In general.--Any person who expends an aggregate
amount of funds during a calendar year in excess of $25,000 for
communications described in paragraph (2) relating to a single
candidate for election for Federal office (or an aggregate
amount of funds during a calendar year in excess of $100,000
for all such communications relating to all such candidates)
shall file a report with the Commission describing the amount
expended for such communications, together with the person's
address and phone number (or, if appropriate, the address and
phone number of the person's principal officer).
``(2) Communications described.--A communication described
in this paragraph is any communication which is broadcast to
the general public through radio or television and which
mentions or includes (by name, representation, or likeness) any
candidate for election for Senator or for Representative in (or
Delegate or Resident Commissioner to) the Congress, other than
any communication which would be described in clause (i),
(iii), or (v) of section 301(9)(B) if the payment were an
expenditure under such section.
``(3) Deadline for filing.--A person shall file a report
required under paragraph (1) not later than 7 days after the
person first expends the applicable amount of funds described
in such paragraph, except that in the case of a person who
first expends such an amount within 10 days of an election, the
report shall be filed not later than 24 hours after the person
first expends such amount.
``(4) Penalties.--Whoever knowingly fails to--
``(A) remedy a defective filing within 60 days
after notice of such a defect by the Commission; or
``(B) comply with any other provision of this
section,
shall, upon proof of such knowing violation by a preponderance
of the evidence, be subject to a civil fine of not more than
$50,000 (notwithstanding any other provision of this title),
depending on the extent and gravity of the violation.''.
SEC. 302. REQUIRING MONTHLY FILING OF REPORTS.
(a) Principal Campaign Committees.--Section 304(a)(2)(A)(iii) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)(2)(A)(iii))
is amended to read as follows:
``(iii) monthly reports, which shall be filed no
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, in lieu of filing the reports otherwise
due in November and December of the year, a pre-general
election report shall be filed in accordance with
clause (i), a post-general election report shall be
filed in accordance with clause (ii), and a year end
report shall be filed no later than January 31 of the
following calendar year.''.
(b) Other Political Committees.--Section 304(a)(4) of such Act (2
U.S.C. 434(a)(4)) is amended to read as follows:
``(4)(A) In a calendar year in which a regularly scheduled general
election is held, all political committees other than authorized
committees of a candidate shall file--
``(i) monthly reports, which shall be filed no 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, in lieu
of filing the reports otherwise due in November and December of
the year, a pre-general election report shall be filed in
accordance with clause (ii), a post-general election report
shall be filed in accordance with clause (iii), and a year end
report shall be filed no later than January 31 of the following
calendar year;
``(ii) a pre-election report, which shall be filed no later
than the 12th day before (or posted by registered or certified
mail no later than the 15th day before) any election in which
the committee makes a contribution to or expenditure on behalf
of a candidate in such election, and which shall be complete as
of the 20th day before the election; and
``(iii) a post-general election report, which shall be
filed no later than the 30th day after the general election and
which shall be complete as of the 20th day after such general
election.
``(B) In any other calendar year, all political committees other
than authorized committees of a candidate shall file a report covering
the period beginning January 1 and ending June 30, which shall be filed
no later than July 31 and a report covering the period beginning July 1
and ending December 31, which shall be filed no later than January 31
of the following calendar year.''.
(c) Conforming Amendments.--(1) Section 304(a) of such Act (2
U.S.C. 434(a)) is amended by striking paragraph (8).
(2) Section 309(b) of such Act (2 U.S.C. 437g(b)) is amended by
striking ``for the calendar quarter'' and inserting ``for the month''.
SEC. 303. SOFTWARE FOR FILING OF REPORTS.
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) develop software for use to file a
designation, statement, or report under this
Act; and
``(ii) provide a copy of the software at no
cost to a person required to file a
designation, statement, or report under this
Act.
``(B) Required use.--Any person which maintains or
files a designation, statement, or report under
paragraph (11) shall use software developed under
subparagraph (A) or equivalent software for such
maintenance or filing.''.
TITLE IV--STRENGTHENING ENFORCEMENT AND ADMINISTRATION OF FEDERAL
ELECTION COMMISSION
SEC. 401. STANDARDS FOR INITIATION OF ACTIONS AND WRITTEN RESPONSES BY
FEDERAL ELECTION COMMISSION.
(a) Standard for Initiation of Actions by FEC.--Section 309(a)(2)
of the Federal Election Campaign Act of 1971 (2 U.S.C. 437g(a)(2)) is
amended by striking ``it has reason to believe'' and all that follows
through ``of 1954,'' and inserting the following: ``it has a reason to
seek additional information regarding a possible violation of this Act
or of chapter 95 or chapter 96 of the Internal Revenue Code of 1986
that has occurred or is about to occur (based on the same criteria
applicable under this paragraph prior to the enactment of the Campaign
Integrity Act of 2001),''.
(b) Requiring FEC To Provide Written Responses to Questions.--
(1) In general.--Title III of such Act (2 U.S.C. 431 et
seq.) is amended by inserting after section 308 the following
new section:
``other written responses to questions
``Sec. 308A. (a) Permitting Responses.--In addition to issuing
advisory opinions under section 308, the Commission shall issue written
responses pursuant to this section with respect to a written request
concerning the application of this Act, chapter 95 or chapter 96 of the
Internal Revenue Code of 1986, a rule or regulation prescribed by the
Commission, or an advisory opinion issued by the Commission under
section 308, with respect to a specific transaction or activity by the
person, if the Commission finds the application of the Act, chapter,
rule, regulation, or advisory opinion to the transaction or activity to
be clear and unambiguous.
``(b) Procedure for Response.--
``(1) Analysis by staff.--The staff of the Commission shall
analyze each request submitted under this section. If the staff
believes that the standard described in subsection (a) is met
with respect to the request, the staff shall circulate a
statement to that effect together with a draft response to the
request to the members of the Commission.
``(2) Issuance of response.--Upon the expiration of the 3-
day period beginning on the date the statement and draft
response is circulated (excluding weekends or holidays), the
Commission shall issue the response, unless during such period
any member of the Commission objects to issuing the response.
``(c) Effect of Response.--
``(1) Safe harbor.--Notwithstanding any other provisions of
law, any person who relies upon any provision or finding of a
written response issued under this section and who acts in good
faith in accordance with the provisions and findings of such
response shall not, as a result of any such act, be subject to
any sanction provided by this Act or by chapter 95 or chapter
96 of the Internal Revenue Code of 1986.
``(2) No reliance by other parties.--Any written response
issued by the Commission under this section may only be relied
upon by the person involved in the specific transaction or
activity with respect to which such response is issued, and may
not be applied by the Commission with respect to any other
person or used by the Commission for enforcement or regulatory
purposes.
``(d) Publication of Requests and Responses.--The Commission shall
make public any request for a written response made, and the responses
issued, under this section. In carrying out this subsection, the
Commission may not make public the identity of any person submitting a
request for a written response unless the person specifically
authorizes to Commission to do so.
``(e) Compilation of Index.--The Commission shall compile, publish,
and regularly update a complete and detailed index of the responses
issued under this section through which responses may be found on the
basis of the subjects included in the responses.''.
(2) Conforming amendment.--Section 307(a)(7) of such Act (2
U.S.C. 437d(a)(7)) is amended by striking ``of this Act'' and
inserting ``and other written responses under section 308A''.
(c) Standard Form for Complaints; Stronger Disclaimer Language.--
(1) Standard form.--Section 309(a)(1) of such Act (2 U.S.C.
437g(a)(1)) is amended by inserting after ``shall be
notarized,'' the following: ``shall be in a standard form
prescribed by the Commission, shall not include (but may refer
to) extraneous materials,''.
(2) Disclaimer language.--Section 309(a)(1) of such Act (2
U.S.C. 437g(a)(1)) is amended--
(A) by striking ``(a)(1)'' and inserting
``(a)(1)(A)''; and
(B) by adding at the end the following new
subparagraph:
``(B) The written notice of a complaint provided by the Commission
under subparagraph (A) to a person alleged to have committed a
violation referred to in the complaint shall include a cover letter (in
a form prescribed by the Commission) and the following statement: `The
enclosed complaint has been filed against you with the Federal Election
Commission. The Commission has not verified or given official sanction
to the complaint. The Commission will make no decision to pursue the
complaint for a period of at least 15 days from your receipt of this
complaint. You may, if you wish, submit a written statement to the
Commission explaining why the Commission should take no action against
you based on this complaint. If the Commission should decide to seek
additional information, you will be notified and be given further
opportunity to respond.'''.
SEC. 402. BANNING ACCEPTANCE OF CASH CONTRIBUTIONS GREATER THAN $100.
Section 315 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a) is amended by adding at the end the following new subsection:
``(i) No candidate or political committee may accept any
contributions of currency of the United States or currency of any
foreign country from any person which, in the aggregate, exceed
$100.''.
SEC. 403. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS TO BE RETURNED
TO DONORS IN TREASURY ACCOUNT.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.), as amended by section 101, is amended by
adding at the end the following new section:
``treatment of certain contributions and donations to be returned to
donors
``Sec. 324. (a) Transfer to Commission.--
``(1) In general.--Notwithstanding any other provision of
this Act, if a political committee intends to return any
contribution or donation given to the political committee, the
committee shall transfer the contribution or donation to the
Commission if--
``(A) the contribution or donation is in an amount
equal to or greater than $500 (other than a
contribution or donation returned within 90 days of
receipt by the committee); or
``(B) the contribution or donation was made in
violation of section 315, 316, 317, 319, or 320 (other
than a contribution or donation returned within 90 days
of receipt by the committee).
``(2) Information included with transferred contribution or
donation.--A political committee shall include with any
contribution or donation transferred under paragraph (1)--
``(A) a request that the Commission return the
contribution or donation to the person making the
contribution or donation; and
``(B) information regarding the circumstances
surrounding the making of the contribution or donation
and any opinion of the political committee concerning
whether the contribution or donation may have been made
in violation of this Act.
``(3) Establishment of escrow account.--
``(A) In general.--The Commission shall establish a
single interest-bearing escrow account for deposit of
amounts transferred under paragraph (1).
``(B) Disposition of amounts received.--On
receiving an amount from a political committee under
paragraph (1), the Commission shall--
``(i) deposit the amount in the escrow
account established under subparagraph (A); and
``(ii) notify the Attorney General and the
Commissioner of the Internal Revenue Service of
the receipt of the amount from the political
committee.
``(C) Use of interest.--Interest earned on amounts
in the escrow account established under subparagraph
(A) shall be applied or used for the same purposes as
the donation or contribution on which it is earned.
``(4) Treatment of returned contribution or donation as a
complaint.--The transfer of any contribution or donation to the
Commission under this section shall be treated as the filing of
a complaint under section 309(a).
``(b) Use of Amounts Placed in Escrow To Cover Fines and
Penalties.--The Commission or the Attorney General may require any
amount deposited in the escrow account under subsection (a)(3) to be
applied toward the payment of any fine or penalty imposed under this
Act or title 18, United States Code, against the person making the
contribution or donation.
``(c) Return of Contribution or Donation After Deposit in Escrow.--
``(1) In general.--The Commission shall return a
contribution or donation deposited in the escrow account under
subsection (a)(3) to the person making the contribution or
donation if--
``(A) within 180 days after the date the
contribution or donation is transferred, the Commission
has not made a determination under section 309(a)(2) to
seek additional information regarding whether or not
the contribution or donation was made in violation of
this Act; or
``(B)(i) the contribution or donation will not be
used to cover fines, penalties, or costs pursuant to
subsection (b); or
``(ii) if the contribution or donation will be used
for those purposes, that the amounts required for those
purposes have been withdrawn from the escrow account
and subtracted from the returnable contribution or
donation.
``(2) No effect on status of investigation.--The return of
a contribution or donation by the Commission under this
subsection shall not be construed as having an effect on the
status of an investigation by the Commission or the Attorney
General of the contribution or donation or the circumstances
surrounding the contribution or donation, or on the ability of
the Commission or the Attorney General to take future actions
with respect to the contribution or donation.''.
(b) Amounts Used To Determine Amount of Penalty for Violation.--
Section 309(a) of such Act (2 U.S.C. 437g(a)) is amended by inserting
after paragraph (9) the following new paragraph:
``(10) For purposes of determining the amount of a civil penalty
imposed under this subsection for violations of section 324, the amount
of the donation involved shall be treated as the amount of the
contribution involved.''.
(c) Donation Defined.--Section 324 of such Act, as added by
subsection (a), is amended by adding at the end the following:
``(d) Donation Defined.--In this section, the term `donation' means
a gift, subscription, loan, advance, or deposit of money or anything
else of value made by any person to a national committee of a political
party or a Senatorial or Congressional Campaign Committee of a national
political party for any purpose, but does not include a contribution
(as defined in section 301(8)).''.
(d) Disgorgement Authority.--Section 309 of such Act (2 U.S.C.
437g) is amended by adding at the end the following new subsection:
``(e) Any conciliation agreement, civil action, or criminal action
entered into or instituted under this section may require a person to
forfeit to the Treasury any contribution, donation, or expenditure that
is the subject of the agreement or action for transfer to the
Commission for deposit in accordance with section 324.''.
(e) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall apply to contributions or donations refunded on or after
the date of the enactment of this Act, without regard to whether the
Federal Election Commission or Attorney General has issued regulations
to carry out section 324 of the Federal Election Campaign Act of 1971
(as added by subsection (a)) by such date.
SEC. 404. ABOLITION OF EX OFFICIO MEMBERSHIP OF CLERK OF HOUSE OF
REPRESENTATIVES AND SECRETARY OF SENATE ON COMMISSION.
Section 306(a) of the Federal Election Campaign Act of 1971 (2
U.S.C. 437c(a)) is amended--
(1) in paragraph (1), by striking ``the Secretary of the
Senate and the Clerk'' and all that follows through ``right to
vote, and''; and
(2) in paragraphs (3), (4), and (5), by striking ``(other
than the Secretary of the Senate and the Clerk of the House of
Representatives)'' each place it appears.
SEC. 405. BROADER PROHIBITION AGAINST FORCE AND REPRISALS.
Section 316(b)(3) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441b(b)(3)) is amended--
(1) by redesignating subparagraphs (A) through (C) as
subparagraphs (B) through (D); and
(2) by inserting before subparagraph (B) (as so
redesignated) the following new subparagraph:
``(A) for such a fund to cause another person to make a
contribution or expenditure by physical force, job
discrimination, financial reprisals, or the threat of force,
job discrimination, or financial reprisal;''.
SEC. 406. SIGNATURE AUTHORITY OF MEMBERS OF COMMISSION FOR SUBPOENAS
AND NOTIFICATION OF INTENT TO SEEK ADDITIONAL
INFORMATION.
(a) Issuance of Subpoenas.--Section 307(a)(3) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437d(a)(3)) is amended by
striking ``signed by the chairman or the vice chairman'' and inserting
``signed by any member of the Commission''.
(b) Notifications of Intent To Seek Additional Information.--
Section 309(a)(2) of such Act (2 U.S.C. 437g(a)(2)) is amended by
striking ``through its chairman or vice chairman'' and inserting
``through any of its members''.
SEC. 407. MAKING ALTERNATIVE PROCEDURES FOR IMPOSITION OF PENALTIES FOR
REPORTING VIOLATIONS PERMANENT.
(a) In General.--Section 640(c) of the Treasury and General
Government Appropriations Act, 2000 (Public Law 106-58; 113 Stat. 477)
is amended by striking ``between January 1, 2000 and December 31,
2001'' and inserting ``on or after January 1, 2000''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Treasury and General
Government Appropriations Act, 2000.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. CODIFICATION OF BECK DECISION.
Section 8 of the National Labor Relations Act (29 U.S.C. 158) is
amended by adding at the end the following new subsection:
``(h) Nonunion Member Payments to Labor Organization.--
``(1) In general.--It shall be an unfair labor practice for
any labor organization which receives a payment from an
employee pursuant to an agreement that requires employees who
are not members of the organization to make payments to such
organization in lieu of organization dues or fees not to
establish and implement the objection procedure described in
paragraph (2).
``(2) Objection procedure.--The objection procedure
required under paragraph (1) shall meet the following
requirements:
``(A) The labor organization shall annually provide
to employees who are covered by such agreement but are
not members of the organization--
``(i) reasonable personal notice of the
ratio that the organization's anticipated
expenditures supporting activities unrelated to
collective bargaining bears to the
organization's anticipated total expenditures;
``(ii) reasonable personal notice of the
objection procedure, the employees eligible to
invoke the procedure, and the time, place, and
manner for filing an objection; and
``(iii) reasonable opportunity to file an
objection to paying for organization
expenditures supporting activities unrelated to
collective bargaining, including but not
limited to the opportunity to file such
objection by mail.
``(B) If an employee who is not a member of the
labor organization files an objection under the
procedure in subparagraph (A), such organization
shall--
``(i) reduce the payments in lieu of
organization dues or fees by such employee by
an amount which reasonably reflects the ratio
that the organization's expenditures supporting
activities unrelated to collective bargaining
bears to such organization's total
expenditures; and
``(ii) provide such employee with a
reasonable explanation of the organization's
calculation of such reduction, including
calculating the amount of organization
expenditures supporting activities unrelated to
collective bargaining.
``(3) Civil action by employees.--
``(A) Liability.--In addition to any other remedy
which may apply under this Act, any labor organization
which violates this subsection shall be liable to the
affected employee--
``(i) for damages equal to--
``(I) the amount of the payments
made to the organization in lieu of
dues or fees which were accepted in
violation of this section;
``(II) the interest on the amount
described in subclause (I) calculated
at the prevailing rate; and
``(III) an additional amount as
liquidated damages equal to the sum of
the amount described in subclause (I)
and the interest described in subclause
(II); and
``(ii) for such equitable relief as may be
appropriate.
``(B) Right of action.--An action to recover the
damages or equitable relief prescribed in subparagraph
(A) may be maintained against any labor organization in
any Federal or State court of competent jurisdiction by
any one or more employees for and in behalf of--
``(i) the employees; or
``(ii) the employees and other employees
similarly situated.
``(C) Fees and costs.--The court in such action
may, in addition to any judgment awarded to the
plaintiff, allow a reasonable attorney's fee,
reasonable expert witness fees, and other costs of the
action to be paid by the defendant.
``(4) Definition.--In this subsection, the term
`expenditures supporting activities unrelated to collective
bargaining' means expenditures in connection with any
activities not necessary to performing the duties of the
exclusive representative of the employees in dealing with the
employer on labor-management issues.''.
SEC. 502. PROHIBITION OF SOLICITATION OF POLITICAL PARTY SOFT MONEY IN
FEDERAL BUILDINGS.
(a) In General.--Section 607 of title 18, United States Code, is
amended--
(1) in subsection (a), by striking ``within the meaning of
section 301(8) of the Federal Election Campaign Act of 1971'';
and
(2) by adding at the end the following:
``(c) Definition of Contribution.--In this section, the term
`contribution' means a gift, subscription, loan, advance, or deposit of
money or anything of value made by any person in connection with--
``(1) any election or elections for Federal office;
``(2) any political committee (as defined in section 301 of
the Federal Election Campaign Act of 1971); or
``(3) any State, district, or local committee of a
political party.''.
(b) Amendment of Title 18 To Include Prohibition of Donations.--
Section 602(a)(4) of title 18, United States Code, is amended by
striking ``within the meaning of section 301(8) of the Federal Election
Campaign Act of 1971'' and inserting ``(as defined in section
607(c))''.
SEC. 503. FILING OF SENATE REPORTS WITH THE FEDERAL ELECTION
COMMISSION.
(a) Section 302 Amendment.--Section 302 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 432) is amended by striking subsection
(g) and inserting the following:
``(g) Place of Filing.--All designations, statements, and reports
required to be filed under this Act shall be filed with the
Commission.''.
(b) Conforming Amendments.--The Federal Election Campaign Act of
1971 is amended--
(1) in section 304 (2 U.S.C. 434)--
(A) in subsection (a)(6)(A), by striking
``Secretary or the Commission'' through ``as
appropriate'' and inserting ``Commission and Secretary
of State'',
(B) in the third sentence of subsection (c)(2), by
striking ``the Secretary or'', and
(C) in the fourth sentence of subsection (c)(2), by
striking ``the Secretary, the Commission,'' and
inserting ``the Commission''; and
(2) in section 311(a)(4) (2 U.S.C. 438(a)(4)), by striking
``Secretary or the''.
TITLE VI--EFFECTIVE DATE
SEC. 601. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to elections occurring after January
2003.
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