[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.
                                 <all>