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 De-
cember 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 ac-
cordance 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 reg-
istered 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 can-
didate 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 commit-
tees 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 in-
serting ‘‘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 des-
ignation, 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 EN-
FORCEMENT 
AND 
ADMINIS-
TRATION OF FEDERAL ELEC-
TION COMMISSION
SEC. 401. STANDARDS FOR INITIATION OF ACTIONS AND
WRITTEN RESPONSES BY FEDERAL ELEC-
TION COMMISSION.
(a) STANDARD
FOR INITIATION
OF ACTIONS
BY
FEC.—Section 309(a)(2) of the Federal Election Cam-
paign 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 pos-
sible 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 Cam-
paign Integrity Act of 2001),’’.
(b) REQUIRING FEC TO PROVIDE WRITTEN RE-
SPONSES 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 addi-
tion 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 pre-
scribed 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 Com-
mission finds the application of the Act, chapter, rule, reg-
ulation, 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 re-
spect to the request, the staff shall circulate a state-
ment to that effect together with a draft response to
the request to the members of the Commission.
‘‘(2) ISSUANCE OF RESPONSE.—Upon the expi-
ration of the 3-day period beginning on the date the
statement and draft response is circulated (excluding
weekends or holidays), the Commission shall issue
(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 al-
leged to have committed a violation referred to in the com-
plaint shall include a cover letter (in a form prescribed
by the Commission) and the following statement: ‘The en-
closed complaint has been filed against you with the Fed-
eral 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 state-
ment 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 infor-
mation, you will be notified and be given further oppor-
tunity to respond.’’’.
SEC. 402. BANNING ACCEPTANCE OF CASH CONTRIBU-
TIONS 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 cur-
rency of any foreign country from any person which, in
the aggregate, exceed $100.’’.
SEC. 403. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DO-
NATIONS 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 fol-
lowing 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 com-
mittee).
‘‘(2) INFORMATION
INCLUDED
WITH
TRANS-
FERRED CONTRIBUTION OR DONATION.—A political
committee shall include with any contribution or do-
nation transferred under paragraph (1)—
‘‘(A) a request that the Commission return
the contribution or donation to the person mak-
ing the contribution or donation; and
‘‘(B) 
information 
regarding 
the 
cir-
cumstances surrounding the making of the con-
tribution or donation and any opinion of the po-
litical committee concerning whether the con-
tribution 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 ac-
count for deposit of amounts transferred under
paragraph (1).
‘‘(B) 
DISPOSITION
OF
AMOUNTS
RE-
CEIVED.—On receiving an amount from a polit-
ical committee under paragraph (1), the Com-
mission 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
CONTRIBU-
TION 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 per-
son making the contribution or donation.
‘‘(c) RETURN
OF CONTRIBUTION
OR DONATION
AFTER DEPOSIT IN ESCROW.—
‘‘(1) IN GENERAL.—The Commission shall re-
turn a contribution or donation deposited in the es-
crow 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 in-
formation regarding whether or not the con-
tribution 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 re-
quired for those purposes have been withdrawn
from the escrow account and subtracted from
the returnable contribution or donation.
‘‘(2) NO EFFECT ON STATUS OF INVESTIGA-
TION.—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 in-
vestigation by the Commission or the Attorney Gen-
eral of the contribution or donation or the cir-
cumstances surrounding the contribution or dona-
tion, or on the ability of the Commission or the At-
torney 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 para-
graph (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 de-
posit of money or anything else of value made by any per-
son to a national committee of a political party or a Sen-
atorial or Congressional Campaign Committee of a na-
tional 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 crimi-
nal action entered into or instituted under this section
may require a person to forfeit to the Treasury any con-
tribution, 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 enact-
ment of this Act, without regard to whether the Federal
Election Commission or Attorney General has issued regu-
lations 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 COMMIS-
SION.
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 RE-
PRISALS.
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 re-
prisal;’’.
SEC. 406. SIGNATURE AUTHORITY OF MEMBERS OF COM-
MISSION FOR SUBPOENAS AND NOTIFICA-
TION OF INTENT TO SEEK ADDITIONAL IN-
FORMATION.
(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 chair-
man or the vice chairman’’ and inserting ‘‘signed by any
member of the Commission’’.
(b) NOTIFICATIONS
OF INTENT TO SEEK ADDI-
TIONAL 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 IMPO-
SITION OF PENALTIES FOR REPORTING VIO-
LATIONS PERMANENT.
(a) IN GENERAL.—Section 640(c) of the Treasury
and General Government Appropriations Act, 2000 (Pub-
lic 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 enact-
ment of the Treasury and General Government Appropria-
tions 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 OR-
GANIZATION.—
‘‘(1) IN GENERAL.—It shall be an unfair labor
practice for any labor organization which receives a
payment from an employee pursuant to an agree-
ment that requires employees who are not members
of the organization to make payments to such orga-
nization in lieu of organization dues or fees not to
establish and implement the objection procedure de-
scribed 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 unre-
lated to collective bargaining bears to the
organization’s anticipated total expendi-
tures;
‘‘(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 ex-
penditures supporting activities unrelated
to collective bargaining, including but not
limited to the opportunity to file such ob-
jection 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 or-
ganization 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 organiza-
tion’s calculation of such reduction, includ-
ing calculating the amount of organization
expenditures supporting activities unre-
lated 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 sub-
clause (II); and
‘‘(ii) for such equitable relief as may
be appropriate.
‘‘(B) RIGHT OF ACTION.—An action to re-
cover 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 employ-
ees similarly situated.
‘‘(C) FEES AND COSTS.—The court in such
action may, in addition to any judgment award-
ed 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 col-
lective bargaining’ means expenditures in connection
with any activities not necessary to performing the
duties of the exclusive representative of the employ-
ees in dealing with the employer on labor-manage-
ment 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 sec-
tion, 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 sec-
tion 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 PROHI-
BITION 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 Cam-
paign 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, state-
ments, and reports required to be filed under this Act shall
be filed with the Commission.’’.
(b) CONFORMING AMENDMENTS.—The Federal Elec-
tion 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 ap-
propriate’’ and inserting ‘‘Commission and Sec-
retary 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 Commis-
sion,’’ and inserting ‘‘the Commission’’; and
(2) in section 311(a)(4) (2 U.S.C. 438(a)(4)),
by striking ‘‘Secretary or the’’.
TITLE VI—EFFECTIVE DATE
SEC. 601. EFFECTIVE DATE.
Except as otherwise provided, this Act and the
amendments made by this Act shall apply with respect to
elections occurring after January 2003.
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