I
107TH CONGRESS
1ST SESSION
H. R. 380
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
JANUARY 31, 2001
Mr. SHAYS (for himself, Mr. MEEHAN, Mr. WAMP, Mr. LEVIN, Mr. CASTLE,
Mr. DINGELL, Mr. HORN, Mrs. MALONEY of New York, Mr. GILMAN,
Mr. FARR of California, Mrs. ROUKEMA, Mr. BONIOR, Mr. GALLEGLY,
Mr. GEPHARDT, Mr. HOUGHTON, Mr. ALLEN, Mr. GREENWOOD, Mr.
HOYER, Mr. GILCHREST, Mr. STENHOLM, Mrs. MORELLA, Ms.
DELAURO, Mr. LATOURETTE, Mr. LEWIS of Georgia, Mr. BOEHLERT,
Mr. FRANK, Mr. BASS, Mr. GEORGE
MILLER
of California, Mr.
GILLMOR, Ms. RIVERS, Mrs. JOHNSON of Connecticut, Mrs. CAPPS, Mr.
LEACH, Mr. DOOLEY of California, Mr. RAMSTAD, Mr. CARDIN, Mr.
LOBIONDO, Mr. TURNER, Mr. GANSKE, Mr. BARRETT of Wisconsin, Mrs.
KELLY, Mr. TIERNEY, Mr. FOLEY, Mr. PRICE of North Carolina, Mr.
WALSH, Mr. KIND, Mr. FRELINGHUYSEN, Mr. NADLER, Mr. OSE, Mr.
SHERMAN, Mr. KIRK, Mr. STARK, Mr. SIMMONS, Mr. BRADY of Pennsyl-
vania, Mr. BALDACCI, Mr. MORAN of Virginia, Mr. SMITH of Washington,
Mr. LUTHER, Mr. MALONEY of Connecticut, Mr. WAXMAN, Mr. POM-
EROY, Mr. CLEMENT, Mr. LANTOS, Mr. PALLONE, Mr. HINCHEY, Mr.
BLUMENAUER, Mr. WEXLER, Mr. MCGOVERN, Mr. MARKEY, Mr. ROTH-
MAN, Mr. PASCRELL, Mr. KANJORSKI, Mr. ACKERMAN, Mr. DAVIS of
Florida, Mr. HOLT, Mr. GREEN of Texas, Mr. KLECZKA, Ms. KIL-
PATRICK, Ms. ROYBAL-ALLARD, Mrs. TAUSCHER, Mr. SPRATT, Mr.
HOEFFEL, Mr. MOORE, Mr. BORSKI, Ms. BALDWIN, Mr. UDALL of New
Mexico, Ms. CARSON of Indiana, Ms. MCCARTHY of Missouri, Mrs.
MCCARTHY of New York, Mr. SNYDER, Mr. BAIRD, Mr. GONZALEZ, Mr.
INSLEE, Mr. STRICKLAND, Mr. CROWLEY, Ms. ESHOO, Mr. DEFAZIO,
Ms. WOOLSEY, Ms. SLAUGHTER, Mr. WEINER, Mr. ABERCROMBIE, Mr.
ENGEL, Mr. THOMPSON of California, Mr. FILNER, Mr. LARSON of Con-
necticut, Mr. UDALL of Colorado, Mr. SANDERS, Ms. BERKLEY, Ms.
SCHAKOWSKY, Mr. CAPUANO, Mr. COYNE, Mr. BECERRA, Mr.
BLAGOJEVICH, Mr. EVANS, Mr. UNDERWOOD, Mr. DELAHUNT, Mr. LA-
FALCE, Mr. WU, Mr. KUCINICH, Mr. GORDON, Mr. SCHIFF, Ms. HAR-
MAN, Mr. RANGEL, Mrs. DAVIS of California, Mr. VISCLOSKY, Mr.
LARSEN of Washington, Mr. RODRIGUEZ, Ms. HOOLEY of Oregon, Mr.
REYES, Mr. MCNULTY, Mr. CLAY, Mr. ROSS, Mr. BROWN of Ohio, Mr.
MCDERMOTT, Mr. CARSON of Oklahoma, Mr. PASTOR, Mr. KENNEDY of
Rhode Island, Mr. HOLDEN, Mr. BERRY, Ms. MCCOLLUM, Mr.
LANGEVIN, Mrs. CLAYTON, Mr. SAWYER, Ms. PELOSI, Mr. ISRAEL, Mr.
SAXTON, Ms. LOFGREN, and Ms. DEGETTE) introduced the following bill;
which was referred to the Committee on House Administration, and in
addition to the Committees on Education and the Workforce, Government
Reform, the Judiciary, Ways and Means, and Rules, 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 con-
cerned
A BILL
To amend the Federal Election Campaign Act of 1971 to
reform the financing of campaigns for elections for Fed-
eral office, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 Finance 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—INDEPENDENT AND COORDINATED EXPENDITURES
Sec. 201. Definitions.
Sec. 202. Express advocacy determined without regard to background music.
Sec. 203. Civil penalty.
Sec. 204. Reporting requirements for certain independent expenditures.
Sec. 205. Independent versus coordinated expenditures by party.
Sec. 206. Coordination with candidates.
TITLE III—DISCLOSURE
Sec. 301. Prohibition of deposit of contributions with incomplete contributor in-
formation.
Sec. 302. Audits.
Sec. 303. Reporting requirements for contributions of $50 or more.
Sec. 304. Use of candidates’ names.
Sec. 305. Prohibition of false representation to solicit contributions.
Sec. 306. Soft money of persons other than political parties.
Sec. 307. Campaign advertising.
TITLE IV—PERSONAL WEALTH OPTION
Sec. 401. Voluntary personal funds expenditure limit.
Sec. 402. Political party committee coordinated expenditures.
TITLE V—MISCELLANEOUS
Sec. 501. Codification of Beck decision.
Sec. 502. Use of contributed amounts for certain purposes.
Sec. 503. Limit on congressional use of the franking privilege.
Sec. 504. Prohibition of fundraising on Federal property.
Sec. 505. Penalties for violations.
Sec. 506. Strengthening foreign money ban.
Sec. 507. Prohibition of contributions by minors.
Sec. 508. Expedited procedures.
Sec. 509. Initiation of enforcement proceeding.
Sec. 510. Protecting equal participation of eligible voters in campaigns and
elections.
Sec. 511. Penalty for violation of prohibition against foreign contributions.
Sec. 512. Expedited court review of certain alleged violations of Federal Elec-
tion Campaign Act of 1971.
Sec. 513. Conspiracy to violate presidential campaign spending limits.
Sec. 514. Deposit of certain contributions and donations in treasury account.
Sec. 515. Establishment of a clearinghouse of information on political activities
within the Federal Election Commission.
Sec. 516. Enforcement of spending limit on presidential and vice presidential
candidates who receive public financing.
Sec. 517. Clarification of right of nationals of the United States to make polit-
ical contributions.
TITLE VI—INDEPENDENT COMMISSION ON CAMPAIGN FINANCE
REFORM
Sec. 601. Establishment and purpose of commission.
Sec. 602. Membership of commission.
Sec. 603. Powers of commission.
Sec. 604. Administrative provisions.
Sec. 605. Report and recommended legislation.
Sec. 606. Expedited congressional consideration of legislation.
Sec. 607. Termination.
Sec. 608. Authorization of appropriations.
TITLE VII—PROHIBITING USE OF WHITE HOUSE MEALS AND
ACCOMMODATIONS FOR POLITICAL FUNDRAISING
Sec. 701. Prohibiting use of White House meals and accommodations for polit-
ical fundraising.
TITLE VIII—SENSE OF THE CONGRESS REGARDING
FUNDRAISING ON FEDERAL GOVERNMENT PROPERTY
Sec. 801. Sense of the Congress regarding applicability of controlling legal au-
thority to fundraising on Federal government property.
TITLE IX—PROHIBITING SOLICITATION TO OBTAIN ACCESS TO
CERTAIN FEDERAL GOVERNMENT PROPERTY
Sec. 901. Prohibition against acceptance or solicitation to obtain access to cer-
tain Federal government property.
TITLE X—REIMBURSEMENT FOR USE OF GOVERNMENT
PROPERTY FOR CAMPAIGN ACTIVITY
Sec. 1001. Requiring national parties to reimburse at cost for use of Air Force
One for political fundraising.
Sec. 1002. Reimbursement for use of government equipment for campaign-re-
lated travel.
TITLE XI—PROHIBITING USE OF WALKING AROUND MONEY
Sec. 1101. Prohibiting campaigns from providing currency to individuals for
purposes of encouraging turnout on date of election.
TITLE XII—ENHANCING ENFORCEMENT OF CAMPAIGN LAW
Sec. 1201. Enhancing enforcement of campaign finance law.
TITLE XIII—BAN ON COORDINATED SOFT MONEY ACTIVITIES BY
PRESIDENTIAL CANDIDATES
Sec. 1301. Ban on coordination of soft money for issue advocacy by presidential
candidates receiving public financing.
TITLE XIV—POSTING NAMES OF CERTAIN AIR FORCE ONE
PASSENGERS ON INTERNET
Sec. 1401. Requirement that names of passengers on Air Force One and Air
Force Two be made available through the Internet.
TITLE XV—EXPULSION PROCEEDINGS FOR HOUSE MEMBERS
RECEIVING FOREIGN CONTRIBUTIONS
Sec. 1501. Permitting consideration of privileged motion to expel House mem-
ber accepting illegal foreign contribution.
TITLE XVI—SEVERABILITY; CONSTITUTIONALITY; EFFECTIVE
DATE; REGULATIONS
Sec. 1601. Severability.
Sec. 1602. Review of constitutional issues.
Sec. 1603. Effective date.
Sec. 1604. Regulations.
TITLE I—REDUCTION OF
SPECIAL INTEREST INFLUENCE
SEC. 101. SOFT MONEY OF POLITICAL PARTIES.
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:
‘‘SOFT MONEY OF POLITICAL PARTIES
‘‘SEC. 323. (a) NATIONAL COMMITTEES.—
‘‘(1) IN GENERAL.—A national committee of a
political party (including a national congressional
campaign committee of a political party) and any of-
ficers or agents of such party committees, shall not
solicit, receive, or direct to another person a con-
tribution, donation, or transfer of funds, or spend
any funds, that are not subject to the limitations,
prohibitions, and reporting requirements of this Act.
‘‘(2) APPLICABILITY.—This subsection shall
apply to an entity that is directly or indirectly estab-
lished, financed, maintained, or controlled by a na-
tional committee of a political party (including a na-
tional congressional campaign committee of a polit-
ical party), or an entity acting on behalf of a na-
tional committee, and an officer or agent acting on
behalf of any such committee or entity.
‘‘(b) STATE, DISTRICT, AND LOCAL COMMITTEES
AND CANDIDATES.—
‘‘(1) RESTRICTIONS ON FEDERAL ELECTION AC-
TIVITY.—
‘‘(A) IN GENERAL.—An amount that is ex-
pended or disbursed for Federal election activ-
ity by a State, district, or local committee of a
political party (including an entity that is di-
rectly or indirectly established, financed, main-
tained, or controlled by a State, district, or
local committee of a political party and an offi-
cer 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 one or more can-
didates for election for State or local office or
one or more individuals holding State or local
office, shall be made from funds subject to the
limitations, prohibitions, and reporting require-
ments of this Act.
‘‘(B) NO EFFECT ON CERTAIN ACTIVITIES
PERMITTED
UNDER
STATE
LAW.—Nothing in
this subsection may be construed to prevent the
principal campaign committee of a candidate
for election to a non-Federal office from raising
or spending funds to the extent permitted under
applicable State law for any activity described
in paragraph (2)(A)(i) or paragraph (2)(A)(ii),
or for any public communication described in
paragraph (2)(A)(iii) which is made solely to
promote the candidate’s campaign for election
to such non-Federal office.
‘‘(2) 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 sched-
uled 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 ap-
pears on the ballot (regardless of whether
a candidate for State or local office also
appears on the ballot);
‘‘(iii) a public communication that re-
fers to a clearly identified candidate for
Federal office (regardless of whether a
‘‘(ii) a contribution to a candidate for
State or local office, provided the contribu-
tion is not designated or used to pay for a
Federal election activity described in sub-
paragraph (A);
‘‘(iii) the costs of a State, district, or
local political convention;
‘‘(iv) the costs of grassroots campaign
materials, including buttons, bumper stick-
ers, and yard signs, that name or depict
only a candidate for State or local office;
and
‘‘(v) the cost of constructing or pur-
chasing an office facility or equipment for
a State, district or local committee, if per-
mitted by State law.
‘‘(C) PUBLIC COMMUNICATION DEFINED.—
‘‘(i) IN GENERAL.—In this paragraph,
the term ‘public communication’ means
any broadcast, cable, or satellite commu-
nication, or any communication made to
the general public through a newspaper,
magazine, 
outdoor 
advertising 
facility,
mass mailing, or telephone bank, or any
other form of general public political ad-
vertising.
‘‘(ii) MASS
MAILING.—In clause (i),
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.
‘‘(iii) TELEPHONE BANK DEFINED.—
In clause (i), the term ‘telephone bank’
means more than 500 telephone calls with-
in any 30-day period of an identical or
substantially similar nature.
‘‘(c) FUNDRAISING COSTS.—An amount spent by a
person described in subsection (a) or (b)(1)(A) to raise
funds that are used, in whole or in part, to pay the costs
of Federal election activity shall be made from funds sub-
ject to the limitations, prohibitions, and reporting require-
ments of this Act, except that this subsection shall not
apply to activities described in subsection (b)(1)(B).
‘‘(d) TAX-EXEMPT
ORGANIZATIONS.—A national,
State, district, or local committee of a political party (in-
cluding 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, 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 to
the Commissioner of the Internal Revenue Service for de-
termination of tax-exemption under such section) or 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 indi-
vidual holding Federal office, or an entity directly or
indirectly established, financed, maintained or con-
trolled by or acting on behalf of one or more can-
didates 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 re-
quirements 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 dis-
burse 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 with
respect to 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 a public communication de-
scribed in subsection (b)(2)(A)(iii) on behalf of an-
other candidate for election for Federal office.
‘‘(3) FUNDRAISING EVENTS.—Notwithstanding
paragraph (1), a candidate or individual holding
Federal office may attend, speak, or be a featured
guest at a fundraising event held for a State, dis-
trict, or local committee of a political party.’’.
SEC. 102. INCREASED CONTRIBUTION LIMITS FOR STATE
COMMITTEES OF POLITICAL PARTIES AND
AGGREGATE CONTRIBUTION LIMIT FOR INDI-
VIDUALS.
(a) CONTRIBUTION LIMIT FOR STATE COMMITTEES
OF POLITICAL PARTIES.—Section 315(a)(1) of the Fed-
eral 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 ‘‘com-
mittee’’; 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 that, in the aggregate, exceed
$10,000’’.
(b) AGGREGATE CONTRIBUTION LIMIT FOR INDI-
VIDUAL.—Section 315(a)(3) of the Federal Election Cam-
committee shall separately itemize its reporting for
such person in the same manner as required in para-
graphs (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 DEFINI-
TION OF CONTRIBUTION.—Section 301(8)(B) of the Fed-
eral 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 (xv)
as clauses (viii) through (xiv), respectively.
TITLE II—INDEPENDENT AND
COORDINATED EXPENDITURES
SEC. 201. DEFINITIONS.
(a) 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.—
‘‘(A) IN
GENERAL.—The term ‘inde-
pendent expenditure’ means an expenditure by
a person—
‘‘(i) for a communication that is ex-
press advocacy; and
‘‘(ii) that is not coordinated activity
or is not provided in coordination with a
candidate or a candidate’s agent or a per-
son who is coordinating with a candidate
or a candidate’s agent.’’.
(b) DEFINITION OF EXPRESS ADVOCACY.—Section
301 of the Federal Election Campaign Act of 1971 (2
U.S.C. 431) is amended by adding at the end the fol-
lowing:
‘‘(20) EXPRESS ADVOCACY.—
‘‘(A) IN GENERAL.—The term ‘express ad-
vocacy’ means a communication that advocates
the election or defeat of a candidate by—
‘‘(i) containing a phrase such as ‘vote
for’, ‘re-elect’, ‘support’, ‘cast your ballot
for’, ‘(name of candidate) for Congress’,
‘(name of candidate) in 1997’, ‘vote
against’, ‘defeat’, ‘reject’, or a campaign
slogan or words that in context can have
no reasonable meaning other than to advo-
cate the election or defeat of one or more
clearly identified candidates;
‘‘(ii) referring to one or more clearly
identified candidates in a paid advertise-
ment that is transmitted through radio or
television within 60 calendar days pre-
ceding the date of an election of the can-
didate and that appears in the State in
which the election is occurring, except that
with respect to a candidate for the office of
Vice President or President, the time pe-
riod is within 60 calendar days preceding
the date of a general election; or
‘‘(iii) expressing unmistakable and un-
ambiguous support for or opposition to one
or more clearly identified candidates when
taken as a whole and with limited ref-
erence to external events, such as prox-
imity to an election.
‘‘(B) VOTING RECORD AND VOTING GUIDE
EXCEPTION.—The term ‘express advocacy’ does
not include a communication which is in printed
form or posted on the Internet that—
‘‘(i) presents information solely about
the voting record or position on a cam-
paign issue of one or more candidates (in-
cluding any statement by the sponsor of
the voting record or voting guide of its
agreement or disagreement with the record
or position of a candidate), so long as the
voting record or voting guide when taken
as a whole does not express unmistakable
and unambiguous support for or opposition
to one or more clearly identified can-
didates;
‘‘(ii) is not coordinated activity or is
not made in coordination with a candidate,
political party, or agent of the candidate or
party, or a candidate’s agent or a person
who is coordinating with a candidate or a
candidate’s agent, except that nothing in
this clause may be construed to prevent
the sponsor of the voting guide from di-
recting questions in writing to a candidate
about the candidate’s position on issues for
purposes of preparing a voter guide or to
prevent the candidate from responding in
writing to such questions; and
‘‘(iii) does not contain a phrase such
as ‘vote for’, ‘re-elect’, ‘support’, ‘cast your
ballot for’, ‘(name of candidate) for Con-
gress’, ‘(name of candidate) in (year)’,
‘vote against’, ‘defeat’, or ‘reject’, or a
campaign slogan or words that in context
can have no reasonable meaning other than
to urge the election or defeat of one or
more clearly identified candidates.’’.
(c) 
DEFINITION
OF
EXPENDITURE.—Section
301(9)(A) of the Federal Election Campaign Act of 1971
(2 U.S.C. 431(9)(A)) is amended—
(1) in clause (i), by striking ‘‘and’’ at the end;
(2) in clause (ii), by striking the period at the
end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(iii) a payment made by a political committee
for a communication that—
‘‘(I) refers to a clearly identified candidate;
and
‘‘(II) is for the purpose of influencing a
Federal election (regardless of whether the com-
munication is express advocacy).’’.
SEC. 202. EXPRESS ADVOCACY DETERMINED WITHOUT RE-
GARD TO BACKGROUND MUSIC.
Section 301(20) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(20)), as added by section
201(b), is amended by adding at the end the following new
subparagraph:
‘‘(C) 
BACKGROUND
MUSIC.—In 
deter-
mining whether any communication by tele-
vision or radio broadcast constitutes express ad-
vocacy for purposes of this Act, there shall not
be taken into account any background music
not including lyrics used in such broadcast.’’.
SEC. 203. CIVIL PENALTY.
Section 309 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 437g) is amended—
(1) in subsection (a)—
(A) in paragraph (4)(A)—
(i) in clause (i), by striking ‘‘clause
(ii)’’ and inserting ‘‘clauses (ii) and (iii)’’;
and
(ii) by adding at the end the fol-
lowing:
‘‘(iii) If the Commission determines by an affirmative
vote of 4 of its members that there is probable cause to
believe that a person has made a knowing and willful viola-
tion of section 304(c), the Commission shall not enter into
a conciliation agreement under this paragraph and may
institute a civil action for relief under paragraph (6)(A).’’;
and
(B) in paragraph (6)(B), by inserting ‘‘(ex-
cept an action instituted in connection with a
knowing 
and 
willful 
violation 
of 
section
304(c))’’ after ‘‘subparagraph (A)’’; and
(2) in subsection (d)(1)—
(A) in subparagraph (A), by striking ‘‘Any
person’’ and inserting ‘‘Except as provided in
subparagraph (D), any person’’; and
(B) by adding at the end the following:
‘‘(D) In the case of a knowing and willful violation
of section 304(c) that involves the reporting of an inde-
pendent expenditure, the violation shall not be subject to
this subsection.’’.
SEC. 204. REPORTING REQUIREMENTS FOR CERTAIN INDE-
PENDENT EXPENDITURES.
(a) IN GENERAL.—Section 304 of the Federal Elec-
tion 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—
(1) in subsection (c)(2), by striking the undes-
ignated matter after subparagraph (C);
(2) by redesignating paragraph (3) of sub-
section (c) as subsection (f);
(3) by redesignating subsection (d) as sub-
section (g); and
(4) by inserting after subsection (c)(2) (as
amended by paragraph (1)) the following:
‘‘(d) TIME
FOR REPORTING CERTAIN EXPENDI-
TURES.—
‘‘(1) EXPENDITURES AGGREGATING $1,000.—
‘‘(A) INITIAL REPORT.—A person (includ-
ing a political committee) that makes or con-
tracts to make independent expenditures aggre-
gating $1,000 or more after the 20th day, but
more than 24 hours, before the date of an elec-
tion shall file a report describing the expendi-
tures within 24 hours after that amount of
independent expenditures has been made.
‘‘(B) ADDITIONAL REPORTS.—After a per-
son files a report under subparagraph (A), the
person shall file an additional report within 24
hours after each time the person makes or con-
tracts to make independent expenditures aggre-
gating 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 (includ-
ing a political committee) that makes or con-
tracts to make independent expenditures aggre-
gating $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 ex-
penditures within 48 hours after that amount
of independent expenditures has been made.
‘‘(B) ADDITIONAL REPORTS.—After a per-
son files a report under subparagraph (A), the
person shall file an additional report within 48
hours after each time the person makes or con-
tracts to make independent expenditures aggre-
gating an additional $10,000 with respect to
the same election as that to which the initial re-
port 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 in-
tended to support or oppose.
‘‘(4) TIME OF FILING.—Notwithstanding sub-
section (a)(5), the time at which a report under this
subsection is received by the Commission shall be
considered the time of filing of the report.’’.
(b) CONFORMING AMENDMENTS.—
(1) TIME
OF
FILING.—Section 304(a)(5) of
such Act (2 U.S.C. 434(a)(5)), as amended by sec-
tion 502(c)(2) 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 striking ‘‘the second sen-
tence of subsection (c)(2)’’ and inserting ‘‘subsection
(d)(4)’’.
(2) CLARIFICATION OF PERMISSIBLE USE OF
FACSIMILE
MACHINES
AND
ELECTRONIC
MAIL
TO
FILE REPORTS.—Section 304(d)(1) of such Act (2
U.S.C. 434(d)(1)), as added 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 striking ‘‘subsection (c) of this section’’ and in-
serting ‘‘subsection (c) or a report under subsection
(d)’’.
SEC. 205. INDEPENDENT VERSUS COORDINATED EXPENDI-
TURES 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
EX-
PENDITURES 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 re-
spect to the candidate during the election cycle.
‘‘(B) CERTIFICATION.—Before making a coordi-
nated 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
has not and shall not make any independent expend-
iture with respect to the candidate during the same
election cycle.
‘‘(C) APPLICATION.—For the purposes of this
paragraph, all political committees established and
maintained by a national political party (including
all congressional campaign committees) and all polit-
ical committees established and maintained by a
State political party (including any subordinate com-
mittee 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 subpara-
graph (B) with respect to a candidate shall not, dur-
ing 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 expendi-
ture with respect to the candidate.
‘‘(5) DETERMINATION OF COORDINATION BY A PO-
LITICAL PARTY.—For purposes of this title, if a com-
mittee of a political party makes any expenditure which
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, the expenditure shall be deemed
to be made in coordination with the candidate of that
party (regardless of whether the communication expressly
advocates a vote for or against any candidate), unless the
party certifies under penalty of perjury that there has
been no coordination with the candidate in the making of
the expenditure.’’.
SEC. 206. COORDINATION WITH CANDIDATES.
(a) DEFINITION
OF COORDINATION WITH CAN-
DIDATES.—
(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 fol-
lowing:
‘‘(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
who at any time during the same election cycle
has been) acting in coordination with that can-
didate (or an agent of that candidate) on any
campaign activity in connection with a Federal
election in which such candidate seeks nomina-
tion or election to Federal office (regardless of
whether the value provided is in the form of a
communication which expressly advocates a vote
for or against any 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 pursu-
ant to any general or particular under-
standing 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 com-
mittee, or an agent of a candidate or au-
thorized committee (not including a com-
munication 
described 
in 
paragraph
(9)(B)(i) or a communication that ex-
pressly advocates the candidate’s defeat),
except that this clause shall not apply with
respect to materials published on a can-
didate’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 pay-
ment is made, the person making the
payment—
‘‘(I) is serving or has previously
served as an employee, fundraiser, or
agent of the candidate or the can-
didate’s authorized committee in an
executive or policymaking capacity; or
‘‘(II) has previously participated
in discussions (other than on an inci-
dental basis) with the candidate, an
agent of the candidate’s authorized
committee, or a committee of a polit-
ical party which is coordinating with
the candidate regarding the can-
didate’s campaign strategy and tac-
tics, including (but not limited to) ad-
vertising, message, allocation of re-
sources, fundraising, or campaign op-
erations.
‘‘(iv) A payment made by a person if,
in the same election cycle, the person mak-
ing the payment retains the professional
services of any person that has provided or
is providing those services in the same
election cycle to a candidate (including
services provided through a political com-
mittee 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 can-
didate’s campaign.
‘‘(D) For purposes of subparagraph (C),
the term ‘professional services’ means polling,
media advice, fundraising, campaign research or
direct mail (except for mailhouse services) serv-
ices in support of a candidate’s pursuit of nomi-
nation for election, or election, to Federal of-
fice.
‘‘(E) For purposes of subparagraph (C),
all political committees established and main-
tained by a national political party (including
all congressional campaign committees) and all
political committees established and maintained
by a State political party (including any subor-
dinate committee of a State committee) shall be
considered to be a single political committee.’’.
(2) SECTION 315(a)(7).—Section 315(a)(7) (2
U.S.C. 441a(a)(7)) is amended by striking subpara-
graph (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 expendi-
ture by the candidate; and’’.
(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—DISCLOSURE
SEC. 301. PROHIBITION OF DEPOSIT OF CONTRIBUTIONS
WITH INCOMPLETE CONTRIBUTOR INFORMA-
TION.
Section 302 of Federal Election Campaign Act of
1971 (2 U.S.C. 432) is amended by adding at the end
the following:
‘‘(j) DEPOSIT OF CONTRIBUTIONS.—The treasurer of
a candidate’s authorized committee shall not deposit, ex-
cept in an escrow account, or otherwise negotiate a con-
tribution from a person who makes an aggregate amount
of contributions in excess of $200 during a calendar year
unless the treasurer verifies that the information required
by this section with respect to the contributor is com-
plete.’’.
SEC. 302. AUDITS.
(a) RANDOM AUDITS.—Section 311(b) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 438(b)) is
amended—
(1) by inserting ‘‘(1) IN GENERAL.—’’ before
‘‘The Commission’’;
(2) by moving the text 2 ems to the right; and
(3) by adding at the end the following:
‘‘(2) RANDOM AUDITS.—
‘‘(A) IN GENERAL.—Notwithstanding para-
graph (1), the Commission may conduct ran-
dom audits and investigations to ensure vol-
untary compliance with this Act. The selection
of any candidate for a random audit or inves-
tigation shall be based on criteria adopted by a
vote of at least four members of the Commis-
sion.
‘‘(B) LIMITATION.—The Commission shall
not conduct an audit or investigation of a can-
didate’s authorized committee under subpara-
graph (A) until the candidate is no longer a
candidate for the office sought by the candidate
in an election cycle.
‘‘(C) 
APPLICABILITY.—This 
paragraph
does not apply to an authorized committee of a
candidate for President or Vice President sub-
ject to audit under section 9007 or 9038 of the
Internal Revenue Code of 1986.’’.
(b) EXTENSION OF PERIOD DURING WHICH CAM-
PAIGN AUDITS MAY BE BEGUN.—Section 311(b) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 438(b))
is amended by striking ‘‘6 months’’ and inserting ‘‘12
months’’.
SEC. 303. REPORTING REQUIREMENTS FOR CONTRIBU-
TIONS OF $50 OR MORE.
Section 304(b)(3)(A) of the Federal Election Cam-
paign Act at 1971 (2 U.S.C. 434(b)(3)(A) is amended—
(1) by striking ‘‘$200’’ and inserting ‘‘$50’’;
and
(2) by striking the semicolon and inserting ‘‘,
except that in the case of a person who makes con-
tributions aggregating at least $50 but not more
than $200 during the calendar year (or election
cycle, in the case of an authorized committee of a
candidate for Federal office), the identification need
include only the name and address of the person;’’.
SEC. 304. USE OF CANDIDATES’ NAMES.
Section 302(e) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 432(e)) is amended by striking para-
graph (4) and inserting the following:
‘‘(4)(A) The name of each authorized committee shall
include the name of the candidate who authorized the com-
mittee under paragraph (1).
‘‘(B) A political committee that is not an authorized
committee shall not—
‘‘(i) include the name of any candidate in its
name; or
‘‘(ii) except in the case of a national, State, or
local party committee, use the name of any can-
didate in any activity on behalf of the committee in
such a context as to suggest that the committee is
an authorized committee of the candidate or that the
use of the candidate’s name has been authorized by
the candidate.’’.
SEC. 305. PROHIBITION OF FALSE REPRESENTATION TO
SOLICIT CONTRIBUTIONS.
Section 322 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441h) is amended—
(1) by inserting after ‘‘SEC. 322.’’ the fol-
lowing: ‘‘(a) IN GENERAL.—’’; and
(2) by adding at the end the following:
‘‘(b) SOLICITATION OF CONTRIBUTIONS.—No person
shall solicit contributions by falsely representing himself
or herself as a candidate or as a representative of a can-
didate, a political committee, or a political party.’’.
SEC. 306. SOFT MONEY OF PERSONS OTHER THAN POLIT-
ICAL PARTIES.
(a) IN GENERAL.—Section 304 of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 434) (as amended
by section 103(c) and section 204) is amended by adding
at the end the following new subsection:
‘‘(h) DISBURSEMENTS OF PERSONS OTHER THAN
POLITICAL PARTIES.—
‘‘(1) IN GENERAL.—A person, other than a po-
litical committee of a political party or a person de-
scribed in section 501(d) of the Internal Revenue
Code of 1986, that makes an aggregate amount of
disbursements in excess of $50,000 during a cal-
endar year for activities described in paragraph (2)
shall file a statement with the Commission—
‘‘(A) on a monthly basis as described in
subsection (a)(4)(B); or
‘‘(B) in the case of disbursements that are
made within 20 days of an election, within 24
hours after the disbursements are made.
‘‘(2) ACTIVITY.—The activity described in this
paragraph is—
‘‘(A) Federal election activity;
‘‘(B) an activity described in section
316(b)(2)(A) that expresses support for or op-
position to a candidate for Federal office or a
political party; and
‘‘(C) an activity described in subparagraph
(B) or (C) of section 316(b)(2).
‘‘(3) APPLICABILITY.—This subsection does not
apply to—
‘‘(A) a candidate or a candidate’s author-
ized committees; or
‘‘(B) an independent expenditure.
‘‘(4) CONTENTS.—A statement under this sec-
tion shall contain such information about the dis-
bursements made during the reporting period as the
Commission shall prescribe, including—
‘‘(A) the aggregate amount of disburse-
ments made;
‘‘(B) the name and address of the person
or entity to whom a disbursement is made in an
aggregate amount in excess of $200;
‘‘(C) the date made, amount, and purpose
of the disbursement; and
‘‘(D) if applicable, whether the disburse-
ment was in support of, or in opposition to, a
candidate or a political party, and the name of
the candidate or the political party.’’.
(b) DEFINITION OF GENERIC CAMPAIGN ACTIVITY.—
Section 301 of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) (as amended by section
201(b)) is further amended by adding at the end the fol-
lowing:
‘‘(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.’’.
SEC. 307. CAMPAIGN ADVERTISING.
Section 318 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441d) is amended—
(1) in subsection (a)—
(A) in the matter preceding paragraph
(1)—
(i) by striking ‘‘Whenever’’ and insert-
ing ‘‘Whenever a political committee makes
a disbursement for the purpose of financ-
ing any communication through any broad-
casting station, newspaper, magazine, out-
door advertising facility, mailing, or any
other type of general public political adver-
tising, or whenever’’;
(ii) by striking ‘‘an expenditure’’ and
inserting ‘‘a disbursement’’; and
(iii) by striking ‘‘direct’’; and
(B) in paragraph (3), by inserting ‘‘and
permanent street address’’ after ‘‘name’’; and
(2) by adding at the end the following:
‘‘(c) Any printed communication described in sub-
section (a) shall—
‘‘(1) be of sufficient type size to be clearly read-
able by the recipient of the communication;
‘‘(2) be contained in a printed box set apart
from the other contents of the communication; and
‘‘(3) be printed with a reasonable degree of
color contrast between the background and the
printed statement.
‘‘(d)(1) Any communication described in paragraphs
(1) or (2) of subsection (a) which is transmitted through
radio or television shall include, in addition to the require-
ments of that paragraph, an audio statement by the can-
didate that identifies the candidate and states that the
candidate has approved the communication.
‘‘(2) If a communication described in paragraph (1)
is transmitted through television, the communication shall
include, in addition to the audio statement under para-
graph (1), a written statement that—
‘‘(A) appears at the end of the communication
in a clearly readable manner with a reasonable de-
gree of color contrast between the background and
the printed statement, for a period of at least 4 sec-
onds; and
‘‘(B) is accompanied by a clearly identifiable
photographic or similar image of the candidate.
‘‘(e) Any communication described in paragraph (3)
of subsection (a) which is transmitted through radio or
television shall include, in addition to the requirements of
that paragraph, in a clearly spoken manner, the following
statement: ‘llllllll is responsible for the con-
tent of this advertisement.’ (with the blank to be filled in
with the name of the political committee or other person
paying for the communication and the name of any con-
nected organization of the payor). If transmitted through
television, the statement shall also appear in a clearly
readable manner with a reasonable degree of color con-
trast between the background and the printed statement,
for a period of at least 4 seconds.’’.
TITLE IV—PERSONAL WEALTH
OPTION
SEC. 401. VOLUNTARY PERSONAL FUNDS EXPENDITURE
LIMIT.
Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.), as amended by section 101,
is further amended by adding at the end the following new
section:
‘‘VOLUNTARY PERSONAL FUNDS EXPENDITURE LIMIT
‘‘SEC. 324. (a) ELIGIBLE CONGRESSIONAL CAN-
DIDATE.—
‘‘(1) PRIMARY ELECTION.—
‘‘(A) DECLARATION.—A candidate for elec-
tion for Senator or Representative in or Dele-
gate or Resident Commissioner to the Congress
is an eligible primary election Congressional
candidate if the candidate files with the Com-
mission a declaration that the candidate and
the candidate’s authorized committees will not
make expenditures in excess of the personal
funds expenditure limit.
‘‘(B) TIME
TO
FILE.—The declaration
under subparagraph (A) shall be filed not later
than the date on which the candidate files with
the appropriate State officer as a candidate for
the primary election.
‘‘(2) GENERAL ELECTION.—
‘‘(A) DECLARATION.—A candidate for elec-
tion for Senator or Representative in or Dele-
gate or Resident Commissioner to the Congress
is an eligible general election Congressional can-
didate 
if 
the 
candidate 
files 
with 
the
Commission—
‘‘(i) a declaration under penalty of
perjury, with supporting documentation as
required by the Commission, that the can-
didate and the candidate’s authorized com-
mittees did not exceed the personal funds
expenditure limit in connection with the
primary election; and
‘‘(ii) a declaration that the candidate
and the candidate’s authorized committees
will not make expenditures in excess of the
personal funds expenditure limit.
‘‘(B) TIME
TO
FILE.—The declaration
under subparagraph (A) shall be filed not later
than 7 days after the earlier of—
‘‘(i) the date on which the candidate
qualifies for the general election ballot
under State law; or
‘‘(ii) if under State law, a primary or
run-off election to qualify for the general
election ballot occurs after September 1,
the date on which the candidate wins the
primary or runoff election.
‘‘(b) PERSONAL FUNDS EXPENDITURE LIMIT.—
‘‘(1) IN GENERAL.—The aggregate amount of
expenditures that may be made in connection with
an election by an eligible Congressional candidate or
the candidate’s authorized committees from the
sources described in paragraph (2) shall not exceed
$50,000.
‘‘(2) SOURCES.—A source is described in this
paragraph if the source is—
‘‘(A) personal funds of the candidate and
members of the candidate’s immediate family;
or
‘‘(B) proceeds of indebtedness incurred by
the candidate or a member of the candidate’s
immediate family.
‘‘(c) CERTIFICATION BY THE COMMISSION.—
‘‘(1) IN GENERAL.—The Commission shall de-
termine whether a candidate has met the require-
ments of this section and, based on the determina-
tion, issue a certification stating whether the can-
didate is an eligible Congressional candidate.
‘‘(2) TIME
FOR
CERTIFICATION.—Not later
than 7 business days after a candidate files a dec-
laration under paragraph (1) or (2) of subsection
(a), the Commission shall certify whether the can-
didate is an eligible Congressional candidate.
‘‘(3) REVOCATION.—The Commission shall re-
voke a certification under paragraph (1), based on
information submitted in such form and manner as
the Commission may require or on information that
comes to the Commission by other means, if the
Commission determines that a candidate violates the
personal funds expenditure limit.
‘‘(4) DETERMINATIONS BY COMMISSION.—A de-
termination made by the Commission under this
subsection shall be final, except to the extent that
the determination is subject to examination and
audit by the Commission and to judicial review.
‘‘(d) PENALTY.—If the Commission revokes the cer-
tification of an eligible Congressional candidate—
‘‘(1) the Commission shall notify the candidate
of the revocation; and
‘‘(2) the candidate and a candidate’s authorized
committees shall pay to the Commission an amount
equal to the amount of expenditures made by a na-
tional committee of a political party or a State com-
mittee of a political party in connection with the
general election campaign of the candidate under
section 315(d).’’.
SEC. 402. POLITICAL PARTY COMMITTEE COORDINATED
EXPENDITURES.
Section 315(d) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(d)) (as amended by section 205)
is amended by adding at the end the following:
‘‘(6) This subsection does not apply to expenditures
made in connection with the general election campaign of
a candidate for Senator or Representative in or Delegate
or Resident Commissioner to the Congress who is not an
eligible Congressional candidate (as defined in section
324(a)).’’.
TITLE V—MISCELLANEOUS
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
objection procedure, a list of the employees
eligible to invoke the procedure, and the
time, place, and manner for filing an objec-
tion; and
‘‘(ii) reasonable opportunity to file an
objection to paying for organization ex-
penditures supporting political activities
unrelated to collective bargaining, includ-
ing 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 or-
ganization 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 organi-
zation’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 political activities
unrelated to collective bargaining.
‘‘(3) DEFINITION.—In this subsection, the term
‘expenditures supporting political activities unrelated
to collective bargaining’ means expenditures in con-
nection with a Federal, State, or local election or in
connection with efforts to influence legislation unre-
lated to collective bargaining.’’.
SEC. 502. 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:
‘‘USE OF CONTRIBUTED AMOUNTS FOR CERTAIN
PURPOSES
‘‘SEC. 313. (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 indi-
vidual;
‘‘(2) for ordinary and necessary expenses in-
curred in connection with duties of the individual as
a holder of Federal office;
‘‘(3) for contributions to an organization de-
scribed 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 para-
graph (1), a contribution or amount shall be consid-
ered to be converted to personal use if the contribu-
tion 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-
holder, including—
‘‘(A) a home mortgage, rent, or utility pay-
ment;
‘‘(B) a clothing purchase;
‘‘(C) a non campaign-related automobile
expense;
‘‘(D) a country club membership;
‘‘(E) a vacation or other non campaign-re-
lated trip;
‘‘(F) a household food item;
‘‘(G) a tuition payment;
‘‘(H) admission to a sporting event, con-
cert, 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. 503. LIMIT ON CONGRESSIONAL USE OF THE FRANK-
ING PRIVILEGE.
Section 3210(a)(6) of title 39, United States Code,
is amended by striking subparagraph (A) and inserting
the following:
‘‘(A) A Member of Congress shall not mail
any mass mailing as franked mail during the
180-day period which ends on the date of the
general election for the office held by the Mem-
ber or during the 90-day period which ends on
the date of any primary election for that office,
unless the Member has made a public an-
nouncement that the Member will not be a can-
didate for reelection during that year or for
election to any other Federal office.’’.
SEC. 504. 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. An individual who is an officer or
employee of the Federal Government, including the
President, Vice President, and Members of Con-
gress, shall not 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 occu-
pied 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 sec-
tion 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. 505. PENALTIES FOR VIOLATIONS.
(a) INCREASED PENALTIES.—Section 309(a) of the
Federal Election Campaign Act of 1971 (2 U.S.C.
437g(a)) is amended—
(1) in paragraphs (5)(A), (6)(A), and (6)(B),
by striking ‘‘$5,000’’ and inserting ‘‘$10,000’’; and
(2) in paragraphs (5)(B) and (6)(C), by strik-
ing ‘‘$10,000 or an amount equal to 200 percent’’
and inserting ‘‘$20,000 or an amount equal to 300
percent’’.
(b) EQUITABLE REMEDIES.—Section 309(a)(5)(A) of
the Federal Election Campaign Act of 1971 (2 U.S.C.
437g(a)(5)) is amended by striking the period at the end
and inserting ‘‘, and may include equitable remedies or
penalties, including disgorgement of funds to the Treasury
or community service requirements (including require-
ments to participate in public education programs).’’.
(c) AUTOMATIC PENALTY FOR LATE FILING.—Sec-
tion 309(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 437g(a)) is amended—
(1) by adding at the end the following:
‘‘(13) PENALTY FOR LATE FILING.—
‘‘(A) IN GENERAL.—
‘‘(i) MONETARY
PENALTIES.—The Com-
mission shall establish a schedule of mandatory
monetary penalties that shall be imposed by the
Commission for failure to meet a time require-
ment for filing under section 304.
‘‘(ii) REQUIRED
FILING.—In addition to
imposing a penalty, the Commission may re-
quire a report that has not been filed within the
time requirements of section 304 to be filed by
a specific date.
‘‘(iii) PROCEDURE.—A penalty or filing re-
quirement imposed under this paragraph shall
not be subject to paragraph (1), (2), (3), (4),
(5), or (12).
‘‘(iv) EFFECT ON OTHER SCHEDULES OF
PENALTIES FOR FILING VIOLATIONS.—In estab-
lishing the schedule of penalties under clause
(i), the Commission shall take into consider-
ation the penalties provided for violations of
section 304(a) under the schedule of penalties
established under paragraph (4)(C)(i)(II).
‘‘(B) FILING AN EXCEPTION.—
‘‘(i) TIME TO FILE.—A political committee
shall have 30 days after the imposition of a
penalty or filing requirement by the Commis-
sion under this paragraph in which to file an
exception with the Commission.
‘‘(ii) TIME FOR COMMISSION TO RULE.—
Within 30 days after receiving an exception, the
Commission shall make a determination that is
a final agency action subject to exclusive review
by the United States Court of Appeals for the
District of Columbia Circuit under section 706
of title 5, United States Code, upon petition
filed in that court by the political committee or
treasurer that is the subject of the agency ac-
tion, if the petition is filed within 30 days after
the date of the Commission action for which re-
view is sought.’’;
(2) in paragraph (5)(D)—
(A) by inserting after the first sentence the
following: ‘‘In any case in which a penalty or
filing requirement imposed on a political com-
mittee or treasurer under paragraph (13) has
not been satisfied, the Commission may insti-
tute a civil action for enforcement under para-
graph (6)(A).’’; and
(B) by inserting before the period at the
end of the last sentence the following: ‘‘or has
failed to pay a penalty or meet a filing require-
ment imposed under paragraph (13)’’; and
(3) in paragraph (6)(A), by striking ‘‘paragraph
(4)’’ and inserting ‘‘paragraph (4) or (13)’’.
SEC. 506. STRENGTHENING FOREIGN MONEY BAN.
(a) IN GENERAL.—Section 319 of the Federal Elec-
tion 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 promise expressly or impliedly to
make a donation, in connection with a Federal,
State, or local election; or
‘‘(B) a contribution or donation to a com-
mittee of a political party; or
‘‘(2) a person to solicit, accept, or receive such
a contribution or donation from a foreign national.’’.
(b) PROHIBITING USE OF WILLFUL BLINDNESS AS
DEFENSE AGAINST CHARGE
OF VIOLATING FOREIGN
CONTRIBUTION BAN.—
(1) IN GENERAL.—Section 319 of such Act (2
U.S.C. 441e) is amended—
(A) by redesignating subsection (b) as sub-
section (c); and
(B) by inserting after subsection (a) the
following new subsection:
‘‘(b) PROHIBITING USE
OF WILLFUL BLINDNESS
DEFENSE.—It shall not be a defense to a violation of sub-
section (a) that the defendant did not know that the con-
tribution originated from a foreign national if the defend-
ant should have known that the contribution originated
from a foreign national, except that the trier of fact may
not find that the defendant should have known that the
contribution originated from a foreign national solely be-
cause of the name of the contributor.’’.
(2) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to viola-
tions occurring on or after the date of the enactment
of this Act.
SEC. 507. PROHIBITION OF CONTRIBUTIONS BY MINORS.
Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.), as amended by sections 101
and 401, is further amended by adding at the end the
following new section:
‘‘PROHIBITION OF CONTRIBUTIONS BY MINORS
‘‘SEC. 325. An individual who is 17 years old or
younger shall not make a contribution to a candidate or
a contribution or donation to a committee of a political
party.’’.
SEC. 508. EXPEDITED PROCEDURES.
(a) IN GENERAL.—Section 309(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437g(a)) (as
amended by section 505(c)) is amended by adding at the
end the following:
‘‘(14)(A) If the complaint in a proceeding was filed
within 60 days preceding the date of a general election,
the Commission may take action described in this sub-
paragraph.
‘‘(B) If the Commission determines, on the basis of
facts alleged in the complaint and other facts available to
the Commission, that there is clear and convincing evi-
dence that a violation of this Act has occurred, is occur-
ring, or is about to occur, the Commission may order expe-
dited proceedings, shortening the time periods for pro-
ceedings under paragraphs (1), (2), (3), and (4) as nec-
essary to allow the matter to be resolved in sufficient time
before the election to avoid harm or prejudice to the inter-
ests of the parties.
‘‘(C) If the Commission determines, on the basis of
facts alleged in the complaint and other facts available to
the Commission, that the complaint is clearly without
merit, the Commission may—
‘‘(i) order expedited proceedings, shortening the
time periods for proceedings under paragraphs (1),
(2), (3), and (4) as necessary to allow the matter to
be resolved in sufficient time before the election to
avoid harm or prejudice to the interests of the par-
ties; or
‘‘(ii) if the Commission determines that there is
insufficient time to conduct proceedings before the
election, summarily dismiss the complaint.’’.
(b) REFERRAL TO ATTORNEY GENERAL.—Section
309(a)(5) of the Federal Election Campaign Act of 1971
(2 U.S.C. 437g(a)(5)) is amended by striking subpara-
graph (C) and inserting the following:
‘‘(C) The Commission may at any time, by an affirm-
ative vote of at least 4 of its members, refer a possible
violation of this Act or chapter 95 or 96 of the Internal
Revenue Code of 1986, to the Attorney General of the
United States, without regard to any limitation set forth
in this section.’’.
SEC. 509. INITIATION OF ENFORCEMENT PROCEEDING.
Section 309(a)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 437g(a)(2)) is amended by striking
‘‘reason to believe that’’ and inserting ‘‘reason to inves-
tigate whether’’.
SEC. 510. PROTECTING EQUAL PARTICIPATION OF ELIGI-
BLE VOTERS IN CAMPAIGNS AND ELECTIONS.
Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.), as amended by sections 101,
401, and 507, is further amended by adding at the end
the following new section:
‘‘PROTECTING EQUAL PARTICIPATION OF ELIGIBLE
VOTERS IN CAMPAIGNS AND ELECTIONS
‘‘SEC. 326. (a) IN GENERAL.—Nothing in this Act
may be construed to prohibit any individual eligible to vote
in an election for Federal office from making contributions
or expenditures in support of a candidate for such an elec-
tion (including voluntary contributions or expenditures
made through a separate segregated fund established by
the individual’s employer or labor organization) or other-
wise participating in any campaign for such an election
in the same manner and to the same extent as any other
individual eligible to vote in an election for such office.
‘‘(b) NO EFFECT ON GEOGRAPHIC RESTRICTIONS ON
CONTRIBUTIONS.—Subsection (a) may not be construed
to affect any restriction under this title regarding the por-
tion of contributions accepted by a candidate from persons
residing in a particular geographic area.’’.
SEC. 511. PENALTY FOR VIOLATION OF PROHIBITION
AGAINST FOREIGN CONTRIBUTIONS.
(a) IN GENERAL.—Section 319 of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 441e), as amended
by section 506(b), is further amended—
(1) by redesignating subsection (c) as sub-
section (d); and
(2) by inserting after subsection (b) the fol-
lowing new subsection:
‘‘(c) PENALTY.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), notwithstanding any other provision of
this title any person who violates subsection (a) shall
be sentenced to a term of imprisonment which may
not be more than 10 years, fined in an amount not
to exceed $1,000,000, or both.
‘‘(2) EXCEPTION.—Paragraph (1) shall not
apply with respect to any violation of subsection (a)
arising from a contribution or donation made by an
individual who is lawfully admitted for permanent
residence (as defined in section 101(a)(22) of the
Immigration and Nationality Act).’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to violations occurring
on or after the date of the enactment of this Act.
SEC. 512. EXPEDITED COURT REVIEW OF CERTAIN AL-
LEGED VIOLATIONS OF FEDERAL ELECTION
CAMPAIGN ACT OF 1971.
(a) IN GENERAL.—Section 309 of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 437g) is amended—
(1) by redesignating subsection (d) as sub-
section (e); and
(2) by inserting after subsection (c) the fol-
lowing new subsection:
‘‘(d) Notwithstanding any other provision of this sec-
tion, if a candidate (or the candidate’s authorized com-
mittee) believes that a violation described in paragraph (2)
has been committed with respect to an election during the
90-day period preceding the date of the election, the can-
didate or committee may institute a civil action on behalf
of the Commission for relief (including injunctive relief)
against the alleged violator in the same manner and under
the same terms and conditions as an action instituted by
the Commission under subsection (a)(6), except that the
court involved shall issue a decision regarding the action
as soon as practicable after the action is instituted and
to the greatest extent possible issue the decision prior to
the date of the election involved.
‘‘(2) A violation described in this paragraph is a vio-
lation of this Act or of chapter 95 or chapter 96 of the
Internal Revenue Code of 1986 relating to—
‘‘(A) whether a contribution is in excess of an
applicable limit or is otherwise prohibited under this
Act; or
‘‘(B) whether an expenditure is an independent
expenditure under section 301(17).’’.