H.R. 1150 (107th): Campaign Integrity Act of 2001

107th Congress, 2001–2002. Text as of Mar 21, 2001 (Introduced).

Status & Summary | PDF | Source: GPO

HR 1150 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.