[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 27 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 27
To amend the Federal Election Campaign Act of 1971 to provide
bipartisan campaign reform.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2001
Mr. McCain (for himself, Mr. Feingold, Mr. Cochran, Mr. Levin, Mr.
Thompson, Mr. Lieberman, Ms. Collins, Mr. Schumer, Ms. Snowe, Mr.
Wellstone, Mr. Jeffords, Mr. Reed, Mr. Durbin, Mr. Wyden, Mr. Kohl,
Mrs. Boxer, Mr. Harkin, and Ms. Stabenow) introduced the following
bill; which was read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to provide
bipartisan campaign reform.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Bipartisan
Campaign Reform Act of 2001''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE
Sec. 101. Soft money of political parties.
Sec. 102. Increased contribution limits for State committees of
political parties and aggregate
contribution limit for individuals.
Sec. 103. Reporting requirements.
TITLE II--NON-CANDIDATE CAMPAIGN EXPENDITURES
Subtitle A--Electioneering Communications
Sec. 201. Disclosure of electioneering communications.
Sec. 202. Coordinated communications as contributions.
Sec. 203. Prohibition of corporate and labor disbursements for
electioneering communications.
Subtitle B--Independent and Coordinated Expenditures
Sec. 211. Definition of independent expenditure.
Sec. 212. Reporting requirements for certain independent expenditures.
Sec. 213. Independent versus coordinated expenditures by party.
Sec. 214. Coordination with candidates.
TITLE III--MISCELLANEOUS
Sec. 301. Use of contributed amounts for certain purposes.
Sec. 302. Prohibition of fundraising on Federal property.
Sec. 303. Strengthening foreign money ban.
Sec. 304. Codification of Beck decision.
TITLE IV--SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE DATE
Sec. 401. Severability.
Sec. 402. Effective date.
TITLE I--REDUCTION OF SPECIAL INTEREST INFLUENCE
SEC. 101. SOFT MONEY OF POLITICAL PARTIES.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following:
``SEC. 323. SOFT MONEY OF POLITICAL PARTIES.
``(a) National Committees.--
``(1) In general.--A national committee of a political
party (including a national congressional campaign committee of
a political party) may not solicit, receive, or direct to
another person a contribution, donation, or transfer of funds
or any other thing of value, or spend any funds, that are not
subject to the limitations, prohibitions, and reporting
requirements of this Act.
``(2) Applicability.-- The prohibition established by
paragraph (1) applies to any such national committee, any
officer or agent of such a national committee, and any entity
that is directly or indirectly established, financed,
maintained, or controlled by such a national committee.
``(b) State, District, and Local Committees.--An amount that is
expended or disbursed for Federal election activity by a State,
district, or local committee of a political party (including an entity
that is directly or indirectly established, financed, maintained, or
controlled by a State, district, or local committee of a political
party and an officer or agent acting on behalf of such committee or
entity), or by an entity directly or indirectly established, financed,
maintained, or controlled by or acting on behalf of 1 or more
candidates for State or local office, or individuals holding State or
local office, shall be made from funds subject to the limitations,
prohibitions, and reporting requirements of this Act. Nothing in this
subsection shall prevent a principal campaign committee of a candidate
for State or local office from raising and spending funds permitted
under applicable State law other than for a Federal election activity
that refers to another clearly identified candidate for election to
Federal office.
``(c) Fundraising Costs.--An amount spent by a person described in
subsection (a) or (b) to raise funds that are used, in whole or in
part, to pay the costs of a Federal election activity shall be made
from funds subject to the limitations, prohibitions, and reporting
requirements of this Act.
``(d) Tax-Exempt Organizations.--A national, State, district, or
local committee of a political party (including a national
congressional campaign committee of a political party), an entity that
is directly or indirectly established, financed, maintained, or
controlled by any such national, State, district, or local committee or
its agent, and an officer or agent acting on behalf of any such party
committee or entity, shall not solicit any funds for, or make or direct
any donations to--
(1) an organization that is described in section 501(c) of
the Internal Revenue Code of 1986 and exempt from taxation
under section 501(a) of such Code (or has submitted an application for
determination of tax exempt status under such section); or
(2) an organization described in section 527 of such Code
(other than a political committee).
``(e) Candidates.--
``(1) In general.--A candidate, individual holding Federal
office, agent of a candidate or an individual holding Federal
office, or an entity directly or indirectly established,
financed, maintained or controlled by or acting on behalf of 1
or more candidates or individuals holding Federal office, shall
not--
``(A) solicit, receive, direct, transfer, or spend
funds in connection with an election for Federal
office, including funds for any Federal election
activity, unless the funds are subject to the
limitations, prohibitions, and reporting requirements
of this Act; or
``(B) solicit, receive, direct, transfer, or spend
funds in connection with any election other than an
election for Federal office or disburse funds in
connection with such an election unless the funds--
``(i) are not in excess of the amounts
permitted with respect to contributions to
candidates and political committees under
paragraphs (1) and (2) of section 315(a); and
``(ii) are not from sources prohibited by
this Act from making contributions in
connection with an election for Federal office.
``(2) State law.--Paragraph (1) does not apply to the
solicitation, receipt, or spending of funds by an individual
who is a candidate for a State or local office in connection with such
election for State or local office if the solicitation, receipt, or
spending of funds is permitted under State law for any activity other
than for a Federal election activity that refers to another clearly
identified candidate for election to Federal office.
``(3) Fundraising events.--Notwithstanding paragraph (1), a
candidate or an individual holding Federal office may attend,
speak, or be a featured guest at a fundraising event for a
State, district, or local committee of a political party.''.
(b) Definitions.--Section 301 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 431) is amended by adding at the end thereof the
following:
``(20) Federal election activity.--
``(A) In general.--The term `Federal election
activity' means--
``(i) voter registration activity during
the period that begins on the date that is 120
days before the date a regularly scheduled
Federal election is held and ends on the date
of the election;
``(ii) voter identification, get-out-the-
vote activity, or generic campaign activity
conducted in connection with an election in
which a candidate for Federal office appears on
the ballot (regardless of whether a candidate
for State or local office also appears on the
ballot);
``(iii) a public communication that refers
to a clearly identified candidate for Federal
office (regardless of whether a candidate for
State or local office is also mentioned or
identified) and that promotes or supports a
candidate for that office, or attacks or
opposes a candidate for that office (regardless
of whether the communication expressly
advocates a vote for or against a candidate);
and
``(iv) services provided during any month
by an employee of a State, district, or local
committee of a political party who spends more
than 25 percent of that individual's
compensated time during that month on
activities in connection with a Federal
election.
``(B) Excluded activity.--The term `Federal
election activity' does not include an amount expended
or disbursed by a State, district, or local committee
of a political party for--
``(i) a public communication that refers
solely to a clearly identified candidate for
State or local office, if the communication is
not a Federal election activity described in
subparagraph (A)(i) or (ii);
``(ii) a contribution to a candidate for
State or local office, provided the
contribution is not designated or used to pay
for a Federal election activity described in
subparagraph (A);
``(iii) the costs of a State, district, or
local political convention;
``(iv) the costs of grassroots campaign
materials, including buttons, bumper stickers,
and yard signs, that name or depict only a
candidate for State or local office; and
``(v) the cost of constructing or
purchasing an office facility or equipment for
a State, district, or local committee.
``(21) Generic campaign activity.--The term `generic
campaign activity' means an activity that promotes a political
party and does not promote a candidate or non-Federal
candidate.
``(22) Public communication.--The term `public
communication' means a communication by means of any broadcast,
cable, or satellite communication, newspaper, magazine, outdoor
advertising facility, mass mailing, or telephone bank to the
general public, or any other form of general public political
advertising.
``(23) Mass mailing.--The term `mass mailing' means a
mailing of more than 500 pieces of mail matter of an identical
or substantially similar nature within any 30-day period.
``(24) Telephone bank.--The term `telephone bank' means
more than 500 telephone calls within any 30-day period of an
identical or substantially similar nature.''.
SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE COMMITTEES OF
POLITICAL PARTIES AND AGGREGATE CONTRIBUTION LIMIT FOR
INDIVIDUALS.
(a) Contribution Limit for State Committees of Political Parties.--
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(1)) is amended--
(1) in subparagraph (B), by striking ``or'' at the end;
(2) in subparagraph (C)--
(A) by inserting ``(other than a committee
described in subparagraph (D))'' after ``committee'';
and
(B) by striking the period at the end and inserting
``; or''; and
(3) by adding at the end the following:
``(D) to a political committee established and maintained
by a State committee of a political party in any calendar year
which, in the aggregate, exceed $10,000.''.
(b) Aggregate Contribution Limit for Individual.--Section 315(a)(3)
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(3)) is
amended by striking ``$25,000'' and inserting ``$30,000''.
SEC. 103. REPORTING REQUIREMENTS.
(a) Reporting Requirements.--Section 304 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434) is amended by adding at the end the
following:
``(d) Political Committees.--
``(1) National and congressional political committees.--The
national committee of a political party, any national
congressional campaign committee of a political party, and any
subordinate committee of either, shall report all receipts and
disbursements during the reporting period.
``(2) Other political committees to which section 323
applies.--In addition to any other reporting requirements
applicable under this Act, a political committee (not described
in paragraph (1)) to which section 323(b)(1) applies shall
report all receipts and disbursements made for activities
described in section 301(20)(A).
``(3) Itemization.--If a political committee has receipts
or disbursements to which this subsection applies from any
person aggregating in excess of $200 for any calendar year, the
political committee shall separately itemize its reporting for
such person in the same manner as required in paragraphs
(3)(A), (5), and (6) of subsection (b).
``(4) Reporting periods.--Reports required to be filed
under this subsection shall be filed for the same time periods
required for political committees under subsection (a).''.
(b) Building Fund Exception to the Definition of Contribution.--
Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(8)(B)) is amended--
(1) by striking clause (viii); and
(2) by redesignating clauses (ix) through (xiv) as clauses
(viii) through (xiii), respectively.
TITLE II--NON-CANDIDATE CAMPAIGN EXPENDITURES
Subtitle A--Electioneering Communications
SEC. 201. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) is amended by adding at the end the following new subsection:
``(d) Additional Statements on Electioneering Communications.--
``(1) Statement required.--Every person who makes a
disbursement for electioneering communications in an aggregate
amount in excess of $10,000 during any calendar year shall,
within 24 hours of each disclosure date, file with the
Commission a statement containing the information described in
paragraph (2).
``(2) Contents of statement.--Each statement required to be
filed under this subsection shall be made under penalty of
perjury and shall contain the following information:
``(A) The identification of the person making the
disbursement, of any entity sharing or exercising
direction or control over the activities of such
person, and of the custodian of the books and accounts
of the person making the disbursement.
``(B) The principal place of business of the person
making the disbursement, if not an individual.
``(C) The amount of each disbursement of more than
$200 during the period covered by the statement and the
identification of the person to whom the disbursement
was made.
``(D) The elections to which the electioneering
communications pertain and the names (if known) of the
candidates identified or to be identified.
``(E) If the disbursements were paid out of a
segregated bank account which consists of funds
contributed soley by individuals directly to this
account for electioneering communications, the names
and addresses of all contributors who contributed an
aggregate amount of $1,000 or more to that account
during the period beginning on the first day of the
preceding calendar year and ending on the disclosure
date. Nothing in this section is to be construed as a
prohibition on the use of funds in such a segregated
account for a purpose other than electioneering
communications.
``(F) If the disbursements were paid out of funds
not described in subparagraph (E), the names and
addresses of all contributors who contributed an
aggregate amount of $1,000 or more to the organization
during the period beginning on the first day of the
preceding calendar year and ending on the disclosure
date.
``(3) Electioneering communication.--For purposes of this
subsection--
``(A) In general.--The term `electioneering
communication' means any broadcast, cable, or satellite
communication which--
``(i) refers to a clearly identified
candidate for Federal office;
``(ii) is made within--
``(I) 60 days before a general,
special, or runoff election for such
Federal office; or
``(II) 30 days before a primary or
preference election, or a convention or
caucus of a political party that has
authority to nominate a candidate, for
such Federal office; and
``(iii) is made to an audience that
includes members of the electorate for such
election, convention, or caucus.
``(B) Exceptions.--The term `electioneering
communication' does not include--
``(i) a communication appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station, unless such facilities are owned or
controlled by any political party, political
committee, or candidate; or
``(ii) a communication which constitutes an
expenditure or an independent expenditure under
this Act.
``(4) Disclosure date.--For purposes of this subsection,
the term `disclosure date' means--
``(A) the first date during any calendar year by
which a person has made disbursements for
electioneering communications aggregating in excess of
$10,000; and
``(B) any other date during such calendar year by
which a person has made disbursements for
electioneering communications aggregating in excess of
$10,000 since the most recent disclosure date for such
calendar year.
``(5) Contracts to disburse.--For purposes of this
subsection, a person shall be treated as having made a
disbursement if the person has executed a contract to make the
disbursement.
``(6) Coordination with other requirements.--Any
requirement to report under this subsection shall be in
addition to any other reporting requirement under this Act.''.
SEC. 202. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.
Section 315(a)(7) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(a)(7)) is amended --
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following:
``(C) if--
``(i) any person makes, or contracts to
make, any disbursement for any electioneering
communication (within the meaning of section
304(d)(3)); and
``(ii) such disbursement is coordinated
with a candidate or an authorized committee of
such candidate, a Federal, State, or local
political party or committee thereof, or an
agent or official of any such candidate, party,
or committee;
such disbursement or contracting shall be
treated as a contribution to the candidate
supported by the electioneering communication
and as an expenditure by that candidate; and''.
SEC. 203. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS.
(a) In General.--Section 316(b)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any
applicable electioneering communication'' before ``, but shall not
include''.
(b) Applicable Electioneering Communication.--Section 316 of such
Act is amended by adding at the end the following:
``(c) Rules Relating to Electioneering Communications.--
``(1) Applicable electioneering communication.--For
purposes of this section, the term `applicable electioneering
communication' means an electioneering communication (within
the meaning of section 304(d)(3)) which is made by any entity
described in subsection (a) of this section or by any other
person using funds donated by an entity described in subsection
(a) of this section.
``(2) Exception.--Notwithstanding paragraph (1), the term
`applicable electioneering communication' does not include a
communication by an organization described in section 501(c)(4)
of the Internal Revenue Code of 1986 or a political
organization (as defined in section 527(e)(1) of such Code)
made under section 304(d)(2) (E) or (F) of this Act if the
communication is paid for exclusively by funds provided
directly by individuals. For purposes of the preceding
sentence, the term `provided directly by individuals' does not
include funds the source of which is an entity described in
subsection (a) of this section.
``(3) Special operating rules.--For purposes of paragraph
(1), the following rules shall apply:
``(A) An electioneering communication shall be
treated as made by an entity described in subsection
(a) if--
``(i) an entity described in subsection (a)
directly or indirectly disburses any amount for
any of the costs of the communication; or
``(ii) any amount is disbursed for the
communication by a corporation or labor
organization or a State or local political
party or committee thereof that receives
anything of value from an entity described in
subsection (a), except that this clause shall not apply to any
communication the costs of which are defrayed entirely out of a
segregated account to which only individuals can contribute, as
described in section 304(d)(2)(E).
``(B) A section 501(c)(4) organization that derives
amounts from business activities or receives funds from
any entity described in subsection (a) shall be
considered to have paid for any communication out of
such amounts unless such organization paid for the
communication out of a segregated account to which only
individuals can contribute, as described in section
304(d)(2)(E).
``(4) Definitions and rules.--For purposes of this
subsection--
``(A) the term `section 501(c)(4) organization'
means--
``(i) an organization described in section
501(c)(4) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a)
of such Code; or
``(ii) an organization which has submitted
an application to the Internal Revenue Service
for determination of its status as an
organization described in clause (i); and
``(B) a person shall be treated as having made a
disbursement if the person has executed a contract to
make the disbursement.
``(5) Coordination with internal revenue code.--Nothing in
this subsection shall be construed to authorize an organization
exempt from taxation under section 501(a) of the Internal
Revenue Code of 1986 from carrying out any activity which is
prohibited under such Code.''.
Subtitle B--Independent and Coordinated Expenditures
SEC. 211. DEFINITION OF INDEPENDENT EXPENDITURE.
Section 301 of the Federal Election Campaign Act (2 U.S.C. 431) is
amended by striking paragraph (17) and inserting the following:
``(17) Independent expenditure.--The term `independent
expenditure' means an expenditure by a person--
``(A) expressly advocating the election or defeat
of a clearly identified candidate; and
``(B) that is not a coordinated activity with such
candidate or such candidate's agent or a person who has
engaged in coordinated activity with such candidate or
such candidate's agent.''.
SEC. 212. REPORTING REQUIREMENTS FOR CERTAIN INDEPENDENT EXPENDITURES.
Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C.
434) (as amended by section 201) is amended--
(1) in subsection (c)(2), by striking the undesignated
matter after subparagraph (C); and
(2) by adding at the end the following:
``(e) Time for Reporting Certain Expenditures.--
``(1) Expenditures aggregating $1,000.--
``(A) Initial report.--A person (including a
political committee) that makes or contracts to make
independent expenditures aggregating $1,000 or more
after the 20th day, but more than 24 hours, before the
date of an election shall file a report describing the
expenditures within 24 hours after that amount of
independent expenditures has been made.
``(B) Additional reports.--After a person files a
report under subparagraph (A), the person shall file an
additional report within 24 hours after each time the
person makes or contracts to make independent
expenditures aggregating an additional $1,000 with
respect to the same election as that to which the
initial report relates.
``(2) Expenditures aggregating $10,000.--
``(A) Initial report.--A person (including a
political committee) that makes or contracts to make
independent expenditures aggregating $10,000 or more at
any time up to and including the 20th day before the
date of an election shall file a report describing the
expenditures within 48 hours after that amount of
independent expenditures has been made.
``(B) Additional reports.--After a person files a
report under subparagraph (A), the person shall file an
additional report within 48 hours after each time the
person makes or contracts to make independent
expenditures aggregating an additional $10,000 with
respect to the same election as that to which the
initial report relates.
``(3) Place of filing; contents.--A report under this
subsection--
``(A) shall be filed with the Commission; and
``(B) shall contain the information required by
subsection (b)(6)(B)(iii), including the name of each
candidate whom an expenditure is intended to support or
oppose.''.
SEC. 213. INDEPENDENT VERSUS COORDINATED EXPENDITURES BY PARTY.
Section 315(d) of the Federal Election Campaign Act (2 U.S.C.
441a(d)) is amended--
(1) in paragraph (1), by striking ``and (3)'' and inserting
``, (3), and (4)''; and
(2) by adding at the end the following:
``(4) Independent versus coordinated expenditures by
party.--
``(A) In general.--On or after the date on which a
political party nominates a candidate, a committee of
the political party shall not make both expenditures
under this subsection and independent expenditures (as
defined in section 301(17)) with respect to the
candidate during the election cycle.
``(B) Certification.--Before making a coordinated
expenditure under this subsection with respect to a
candidate, a committee of a political party shall file
with the Commission a certification, signed by the
treasurer of the committee, that the committee, on or
after the date described in subparagraph (A), has not
and shall not make any independent expenditure with
respect to the candidate during the same election
cycle.
``(C) Application.--For purposes of this paragraph,
all political committees established and maintained by
a national political party (including all congressional
campaign committees) and all political committees
established and maintained by a State political party
(including any subordinate committee of a State
committee) shall be considered to be a single political
committee.
``(D) Transfers.--A committee of a political party
that submits a certification under subparagraph (B)
with respect to a candidate shall not, during an
election cycle, transfer any funds to, assign authority
to make coordinated expenditures under this subsection
to, or receive a transfer of funds from, a committee of
the political party that has made or intends to make an
independent expenditure with respect to the
candidate.''.
SEC. 214. COORDINATION WITH CANDIDATES.
(a) Definition of Coordination With Candidates.--
(1) Section 301(8).--Section 301(8) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(8)) is amended--
(A) in subparagraph (A)--
(i) by striking ``or'' at the end of clause
(i);
(ii) by striking the period at the end of
clause (ii) and inserting ``; or''; and
(iii) by adding at the end the following:
``(iii) coordinated activity (as defined in
subparagraph (C)).''; and
(B) by adding at the end the following:
``(C) `Coordinated activity' means anything of
value provided by a person in connection with a Federal
candidate's election who is or previously has been
within the same election cycle acting in coordination
with that candidate, or an agent of that candidate on
any campaign activity in connection with a Federal
election in which such candidate seeks nomination or
election to Federal office (regardless of whether the
value being provided is in the form of a communication
that expressly advocates a vote for or against a
candidate) and includes any of the following:
``(i) A payment made by a person in
cooperation, consultation, or concert with, at
the request or suggestion of, or pursuant to
any general or particular understanding with a
candidate, the candidate's authorized
committee, the political party of the
candidate, or an agent acting on behalf of a
candidate, authorized committee, or the
political party of the candidate.
``(ii) A payment made by a person for the
production, dissemination, distribution, or
republication, in whole or in part, of any
broadcast or any written, graphic, or other
form of campaign material prepared by a
candidate, a candidate's authorized committee,
or an agent of a candidate or authorized
committee (not including a communication
described in paragraph (9)(B)(i) or a
communication that expressly advocates the
candidate's defeat), except materials published on a candidate's
website and republished at a cost of less than $1,000.
``(iii) A payment made by a person if, in
the same election cycle in which the payment is
made, the person making the payment--
``(I) is serving or previously has
served as--
``(a) an employee;
``(b) a fundraiser; or
``(c) an agent of the
candidate or the candidate's
authorized committee in an
executive or policymaking
capacity; or
``(II) has previously participated
in discussions (other than on an
incidental basis) that have been--
``(a) with the candidate,
an agent of the candidate or
the candidate's authorized
committee, or with a political
party that is coordinating with
the candidate; and
``(b) about the candidate's
campaign strategy and tactics,
including a discussion about
advertising, message,
allocation of resources,
fundraising, or campaign
operations.
``(iv) A payment made by a person if, in
the same election cycle, the person making the
payment retains the professional services of
any person who has provided those services in
the same election cycle to a candidate
(including services provided through a
political committee of the candidate's
political party) in connection with the
candidate's pursuit of nomination for election,
or election, to Federal office, including
services relating to the candidate's decision
to seek Federal office, and the person retained
is retained to work on activities relating to
that candidate's campaign.
``(D) For purposes of subparagraph (C), the term
`professional services' means polling, media advice,
fundraising, campaign research, political advice, or
direct mail services (except for mailhouse services) in
support of a candidate's pursuit of nomination for
election, or election, to Federal office.
``(E) For purposes of subparagraph (C), all
political committees established and maintained by a
national political party (including all congressional
campaign committees) and all political committees
established and maintained by a State political party
(including any subordinate committee of a State
committee) shall be considered to be a single political
committee.
``(F) Coordination by a political party.--When a
political party committee makes any expenditure that
refers to a clearly identified candidate of that party,
or to the opponent of a candidate of that party, in
connection with a Federal election, regardless of
whether the communication expressly advocates a vote
for or against the candidate, the expenditure is deemed
to be made in coordination with the candidate of that
party, unless the party certifies under penalty of
perjury that there has been no coordination by the
party.''.
(2) Section 315(a)(7).--Section 315(a)(7) (2 U.S.C.
441a(a)(7)) is amended by striking subparagraph (B) and
inserting the following:
``(B) a coordinated activity, as described in
section 301(8)(C), shall be considered to be a
contribution to the candidate and an expenditure by the
candidate.''.
(b) Meaning of Contribution or Expenditure for the Purposes of
Section 316.--Section 316(b)(2) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441b(b)(2)) is amended by striking ``shall include'' and
inserting ``includes a contribution or expenditure, as those terms are
defined in section 301, and also includes''.
TITLE III--MISCELLANEOUS
SEC. 301. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.) is amended by striking section 313 and inserting the
following:
``SEC. 313. USE OF CONTRIBUTED AMOUNTS FOR CERTAIN PURPOSES.
``(a) Permitted Uses.--A contribution accepted by a candidate, and
any other amount received by an individual as support for activities of
the individual as a holder of Federal office, may be used by the
candidate or individual--
``(1) for expenditures in connection with the campaign for
Federal office of the candidate or individual;
``(2) for ordinary and necessary expenses incurred in
connection with duties of the individual as a holder of Federal
office;
``(3) for contributions to an organization described in
section 170(c) of the Internal Revenue Code of 1986; or
``(4) for transfers to a national, State, or local
committee of a political party.
``(b) Prohibited Use.--
``(1) In general.--A contribution or amount described in
subsection (a) shall not be converted by any person to personal
use.
``(2) Conversion.--For the purposes of paragraph (1), a
contribution or amount shall be considered to be converted to
personal use if the contribution or amount is used to fulfill
any commitment, obligation, or expense of a person that would
exist irrespective of the candidate's election campaign or
individual's duties as a holder of Federal office, including--
``(A) a home mortgage, rent, or utility payment;
``(B) a clothing purchase;
``(C) a noncampaign-related automobile expense;
``(D) a country club membership;
``(E) a vacation or other noncampaign-related trip;
``(F) a household food item;
``(G) a tuition payment;
``(H) admission to a sporting event, concert,
theater, or other form of entertainment not associated
with an election campaign; and
``(I) dues, fees, and other payments to a health
club or recreational facility.''.
SEC. 302. PROHIBITION OF FUNDRAISING ON FEDERAL PROPERTY.
Section 607 of title 18, United States Code, is amended--
(1) by striking subsection (a) and inserting the following:
``(a) Prohibition.--
``(1) In general.--It shall be unlawful for any person to
solicit or receive a donation of money or other thing of value
in connection with a Federal, State, or local election from a
person who is located in a room or building occupied in the
discharge of official duties by an officer or employee of the
United States. It shall be unlawful for an individual who is an
officer or employee of the Federal Government, including
the President, Vice President, and Members of Congress, to solicit a
donation of money or other thing of value in connection with a Federal,
State, or local election, while in any room or building occupied in the
discharge of official duties by an officer or employee of the United
States, from any person.
``(2) Penalty.--A person who violates this section shall be
fined not more than $5,000, imprisoned more than 3 years, or
both.''; and
(2) in subsection (b), by inserting ``or Executive Office
of the President'' after ``Congress'' .
SEC. 303. STRENGTHENING FOREIGN MONEY BAN.
Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441e) is amended--
(1) by striking the heading and inserting the following:
``contributions and donations by foreign nationals''; and
(2) by striking subsection (a) and inserting the following:
``(a) Prohibition.--It shall be unlawful for--
``(1) a foreign national, directly or indirectly, to make--
``(A) a donation of money or other thing of value,
or to make an express or implied promise to make a
donation, in connection with a Federal, State, or local
election; or
``(B) a contribution or donation to a committee of
a political party; or
``(2) for a person to solicit, accept, or receive such
contribution or donation from a foreign national.''.
SEC. 304. 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:
``(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
objection procedure, the employees eligible to
invoke the procedure, and the time, place, and
manner for filing an objection; and
``(ii) reasonable opportunity to file an
objection to paying for organization
expenditures supporting political 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
political 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 political activities
unrelated to collective bargaining.
``(3) Definition.--In this subsection, the term
`expenditures supporting political activities unrelated to
collective bargaining' means expenditures in connection with a
Federal, State, or local election or in connection with efforts
to influence legislation unrelated to collective bargaining.''.
TITLE IV--SEVERABILITY; EFFECTIVE DATE
SEC. 401. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
SEC. 402. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect 30
days after the date of its enactment.
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