I
105TH CONGRESS
1ST SESSION
H. R. 1303
To amend the Federal Election Campaign Act of 1971 to reform the financing
of campaigns for election for Federal office, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 10, 1997
Mr. PORTMAN introduced the following bill; which was referred to the Commit-
tee on House Oversight, and in addition to the Committees on Education
and the Workforce, Government Reform and Oversight, and the Judici-
ary, 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 election 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; REFERENCES IN ACT; TABLE OF
CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Restoring Trust in Government Act of 1997’’.
(b) REFERENCES IN ACT.—Except as otherwise spe-
cifically provided, whenever in this Act an amendment is
expressed in terms of an amendment to or repeal of a sec-
tion or other provision, the reference shall be considered
to be made to that section or other provision of the Fed-
eral Election Campaign Act of 1971.
(c) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; references in act; table of contents.
TITLE I—REFORM OF FINANCING OF CAMPAIGNS
Subtitle A—Ban on Activities of Political Action Committees
Sec. 101. Ban on activities of political action committees in Federal elections.
Sec. 102. Rules applicable when ban not in effect.
Subtitle B—Restrictions on Other Contributions
Sec. 111. Limit on contributions to congressional candidates from out-of-area
residents.
Sec. 112. Prohibiting use of non-Federal funds in Federal elections by national
political parties.
Sec. 113. Expanding ban on solicitation of contributions at Federal workplace
to solicitation of soft money.
Sec. 114. Prohibiting contributions by noncitizen individuals.
TITLE II—STRENGTHENING REPORTING AND DISCLOSURE
Sec. 201. Contributions through intermediaries and conduits.
Sec. 202. Reporting requirement for soft money of persons other than national
political parties.
Sec. 203. Clarification of independent expenditures required to be reported.
Sec. 204. Permitting filing of reports by principal committees on monthly basis.
Sec. 205. Disclosure of candidate and committee information in campaign ad-
vertising.
Sec. 206. Use of candidate’s name by authorized committee.
TITLE III—INCREASING COMPETITION BETWEEN INCUMBENTS
AND CHALLENGERS
Sec. 301. Ban on franking for unsolicited mass mailings.
TITLE IV—STRENGTHENING ENFORCEMENT POWERS OF
FEDERAL ELECTION COMMISSION
Sec. 401. Authority to conduct random audits.
Sec. 402. Authority to seek injunctions.
Sec. 403. Expedited response to complaints.
Sec. 404. Independent litigation authority.
Sec. 405. Effective date.
TITLE V—WORKER RIGHT TO KNOW
Sec. 501. Findings.
Sec. 502. Purpose.
Sec. 503. Worker choice.
Sec. 504. Worker consent.
Sec. 505. Worker notice.
Sec. 506. Disclosure to workers.
Sec. 507. Construction.
Sec. 508. Effective date.
TITLE VI—MISCELLANEOUS AND GENERAL PROVISIONS
Sec. 601. Term limits for FEC commissioners.
Sec. 602. Expedited court review.
Sec. 603. Issuance of regulations.
Sec. 604. Effective date.
TITLE I—REFORM OF
FINANCING OF CAMPAIGNS
Subtitle A—Ban on Activities of
Political Action Committees
SEC. 101. BAN ON ACTIVITIES OF POLITICAL ACTION COM-
MITTEES IN FEDERAL ELECTIONS.
(a) IN GENERAL.—Title III (2 U.S.C. 431 et seq.)
is amended by adding at the end the following new section:
‘‘BAN ON FEDERAL ELECTION ACTIVITIES BY POLITICAL
ACTION COMMITTEES
‘‘SEC. 323. Notwithstanding any other provision of
this Act, no person other than an individual or a political
committee may make contributions, solicit or receive con-
tributions, or make expenditures for the purpose of influ-
encing an election for Federal office.’’.
(b) DEFINITION OF POLITICAL COMMITTEE.—Sec-
tion 301(4) (2 U.S.C. 431(4)) is amended to read as fol-
lows:
‘‘(4) The term ‘political committee’ means—
‘‘(A) the principal campaign committee of a
candidate;
‘‘(B) any national, State, or district committee
of a political party, including any subordinate com-
mittee thereof;
‘‘(C) any local committee of a political party
which—
‘‘(i) receives contributions aggregating in
excess of $5,000 during a calendar year;
‘‘(ii) makes payments exempted from the
definition of contribution or expenditure under
paragraph (8) or (9) aggregating in excess of
$5,000 during a calendar year; or
‘‘(iii) makes contributions or expenditures
aggregating in excess of $1,000 during a cal-
endar year; and
‘‘(D) any committee jointly established by a
principal campaign committee and any committee
described in subparagraph (B) or (C) for the pur-
pose of conducting joint fundraising activities.’’.
(c) CANDIDATE’S COMMITTEES.—(1) Section 315(a)
(2 U.S.C. 441a(a)) is amended by adding at the end the
following new paragraph:
‘‘(9) For the purposes of the limitations provided by
paragraphs (1) and (2), any political committee which is
established or financed or maintained or controlled by any
candidate or Federal officeholder shall be deemed to be
an authorized committee of such candidate or office-
holder.’’.
(2) Section 302(e)(3) (2 U.S.C. 432(e)(3)) is amend-
ed to read as follows:
‘‘(3) No political committee that supports or has sup-
ported more than one candidate may be designated as an
authorized committee, except that—
‘‘(A) a candidate for the office of President
nominated by a political party may designate the na-
tional committee of such political party as the can-
didate’s principal campaign committee, but only if
that national committee maintains separate books of
account with respect to its functions as a principal
campaign committee; and
‘‘(B) a candidate may designate a political com-
mittee established solely for the purpose of joint
fundraising by such candidates as an authorized
committee.’’.
SEC. 102. RULES APPLICABLE WHEN BAN NOT IN EFFECT.
For purposes of the Federal Election Campaign Act
of 1971, during any period after the effective date of this
title in which the limitation on making contributions under
section 323 of that Act (as added by section 101(a)) is
not in effect—
(1) the amendments made by section 101 shall
not be in effect; and
(2) the limitation amount under section
315(a)(2)(A) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(a)(2)(A)) shall be $1,000.
Subtitle B—Restrictions on Other
Contributions
SEC. 111. LIMIT ON CONTRIBUTIONS TO CONGRESSIONAL
CANDIDATES 
FROM 
OUT-OF-AREA 
RESI-
DENTS.
Section 315 (2 U.S.C. 441a) is amended by adding
at the end the following new subsection:
‘‘(i)(1) A candidate for the office of Senator or Rep-
resentative in, or Delegate or Resident Commissioner to,
the Congress may not accept contributions with respect
to the election from persons other than local individual
residents totaling in excess of 40 percent of the total of
contributions accepted from all persons.
‘‘(2) As used in this subsection, the term ‘local indi-
vidual resident’ means—
‘‘(A) with respect to an election for the office
of Senator, an individual who resides in the State in-
volved; or
‘‘(B) with respect to an election for the office
of Representative in, or Delegate or Resident Com-
missioner to, the Congress, an individual who resides
in the congressional district involved.’’.
SEC. 112. PROHIBITING USE OF NON-FEDERAL FUNDS IN
FEDERAL ELECTIONS BY NATIONAL POLITI-
CAL PARTIES.
Title III (2 U.S.C. 431 et seq.), as amended by sec-
tion 101(a), is further amended by adding at the end the
following new section:
‘‘RESTRICTIONS ON USE OF NON-FEDERAL FUNDS BY
NATIONAL POLITICAL PARTIES
‘‘SEC. 324. (a) IN GENERAL.—No funds may be ex-
pended by a political committee of a national political
party for the purpose of influencing an election for Fed-
eral office unless the funds are subject to the limitations,
prohibitions, and reporting requirements of this title.
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to prohibit the expenditure of funds
which are not subject to the limitations, prohibitions, and
reporting requirements of this title by a political commit-
tee of a national political party for get-out-the-vote activi-
ties or other party-building activities which are not for the
purpose of influencing an election for Federal office.’’.
SEC. 113. EXPANDING BAN ON SOLICITATION OF CON-
TRIBUTIONS AT FEDERAL WORKPLACE TO
SOLICITATION OF SOFT MONEY.
Section 607 of title 18, United States Code, is
amended by striking ‘‘any contribution within the meaning
of section 301(8) of the Federal Election Campaign Act
of 1971’’ and inserting ‘‘any funds which are intended to
influence an election for Federal office (without regard to
whether the funds involved are intended to influence other
elections in addition to an election for Federal office)’’.
SEC. 114. PROHIBITING CONTRIBUTIONS BY NONCITIZEN
INDIVIDUALS.
(a) IN GENERAL.—Section 319(b)(2) (2 U.S.C.
441e(b)(2)) is amended by striking ‘‘and who is not law-
fully admitted’’ and all that follows and inserting a period.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to contributions
made on or after the date of the enactment of this Act.
TITLE II—STRENGTHENING
REPORTING AND DISCLOSURE
SEC. 201. CONTRIBUTIONS THROUGH INTERMEDIARIES
AND CONDUITS.
Section 315(a)(8) (2 U.S.C. 441a(a)(8)) is amended
to read as follows:
‘‘(8)(A) For purposes of the limitations imposed by
this section, all contributions made by a person, either di-
rectly or indirectly, on behalf of a particular candidate,
including contributions which are in any way earmarked
or otherwise directed through an intermediary or conduit
to such candidate, shall be treated as contributions from
such person to such candidate. The intermediary or con-
duit shall report the original source and the intended re-
cipient of such contribution to the Commission and to the
intended recipient.
‘‘(B) Any contribution that a bundler delivers to a
candidate or the candidate’s authorized committee shall
be treated as a contribution from the bundler to the can-
didate as well as from the original contributor if the con-
tribution is in the form of a check made payable to the
bundler.
‘‘(C) For purposes of this paragraph, a ‘bundler’
means any of the following intermediaries or conduits
which delivers contributions from others:
‘‘(i) A political committee (other than the au-
thorized campaign committee of the candidate re-
ceiving the funds).
‘‘(ii) A corporation, labor organization, or part-
nership.
‘‘(iii) A person whose activities are required to
be reported under the Lobbying Disclosure Act of
1995 or a person whose activities are required to be
reported pursuant to any successor Federal law
which requires reporting on the activities of person
who is a lobbyist or foreign agent.
‘‘(iv) Any officer, employee, or agent acting on
behalf of any entity described in any of the preced-
ing clauses.’’.
SEC. 202. REPORTING REQUIREMENT FOR SOFT MONEY OF
PERSONS OTHER THAN NATIONAL POLITICAL
PARTIES.
Section 304 (2 U.S.C. 434) is amended by adding
at the end the following new subsection:
‘‘(d)(1)(A) If any person to which section 324 does
not apply (other than a candidate or a candidate’s author-
ized committee) makes or obligates to make disbursements
for activities described in paragraph (3) in excess of
$2,000 (other than a disbursement consisting of an inde-
pendent expenditure described in section 301(17)), the
person shall file a statement—
‘‘(i) within 48 hours after the disbursements (or
obligations) are made; or
‘‘(ii) in the case of disbursements (or obliga-
tions) that are made within 20 days of the election
involved, within 24 hours after such disbursement
(or obligations) are made.
‘‘(B) An additional statement shall be filed each time
additional disbursements aggregating $2,000 are made (or
obligated to be made) by a person described in clause (i).
‘‘(2) Any statement filed under this subsection shall
be filed with the Commission and shall contain such infor-
mation as the Commission shall prescribe, including
whether the disbursement is in support of, or in opposition
to, 1 or more candidates or any political party.
‘‘(3) An activity described in this paragraph is any
activity which may affect the outcome of a Federal elec-
tion, including any voter registration and get-out-the-vote
activity, any generic campaign activity, and any commu-
nication that identifies a Federal candidate (regardless of
whether a State or local candidate is also mentioned or
identified).’’.
SEC. 203. CLARIFICATION OF INDEPENDENT EXPENDI-
TURES REQUIRED TO BE REPORTED.
Section 301(17) is amended—
(1) by striking ‘‘by a person expressly advocat-
ing’’ and inserting ‘‘containing express advocacy of’’;
and
(2) by adding at the end the following: ‘‘Such
term does not include any expenditure by a person
who, with respect to a candidate for the election in-
volved, has raised or expended funds on behalf of the
candidate, or holds an executive or policymaking po-
sition with the candidate’s authorized committee.’’.
SEC. 204. PERMITTING FILING OF REPORTS BY PRINCIPAL
COMMITTEES ON MONTHLY BASIS.
Section 304(a)(2)(A)(iii) (2 U.S.C. 434(a)(2)(A)(iii))
is amended—
(1) by striking ‘‘(iii)’’ and inserting ‘‘(iii)(I)’’;
and
(2) by striking ‘‘; and’’ and inserting the follow-
ing: ‘‘, or (II) at the option of the committee, addi-
tional monthly reports, which shall be filed no later
than the 15th and which shall be complete as of the
last day of the month: except that the report for De-
cember shall be filed no later than January 31 of
the following calendar year; and’’.
SEC. 205. DISCLOSURE OF CANDIDATE AND COMMITTEE IN-
FORMATION IN CAMPAIGN ADVERTISING.
Section 318 (2 U.S.C. 441d) is amended by adding
at the end the following new subsection:
‘‘(c) In addition to any other requirements imposed
under this section, any advertisement broadcast on radio
or television on behalf of a candidate shall include an
audio statement identifying by name the candidate and the
political committee responsible for the content of the ad-
vertisement.’’.
SEC. 206. USE OF CANDIDATE’S NAME BY AUTHORIZED
COMMITTEE.
Section 302 (2 U.S.C. 432) is amended by adding
at the end the following new subsection:
‘‘(j)(1) At the time a political committee files its ini-
tial statement of registration with the Commission, it shall
identify by name the candidate on whose behalf it is orga-
nized.
‘‘(2) No political committee may include a candidate’s
name in its name unless the committee is an authorized
committee of the candidate.’’.
TITLE 
III—INCREASING 
COM-
PETITION BETWEEN INCUM-
BENTS AND CHALLENGERS
SEC. 301. BAN ON FRANKING FOR UNSOLICITED MASS
MAILINGS.
(a) IN GENERAL.—Section 3210(a)(6)(A) of title 39,
United States Code, is amended by striking ‘‘franked
mail—’’ and all that follows and inserting ‘‘franked
mail.’’.
(b) 
CONFORMING
AMENDMENTS.—Section
3210(a)(6) of title 39, United States Code, is amended—
(1) by striking subparagraph (C); and
(2) by striking the second sentence of subpara-
graph (D).
TITLE IV—STRENGTHENING EN-
FORCEMENT 
POWERS 
OF
FEDERAL ELECTION COMMIS-
SION
SEC. 401. AUTHORITY TO CONDUCT RANDOM AUDITS.
Section 311(b) (2 U.S.C. 438(b)) is amended—
(1) by inserting ‘‘(1)’’ before ‘‘The Commis-
sion’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) Notwithstanding paragraph (1), the Commission
may conduct random audits and investigations to ensure
voluntary compliance with this Act. The subjects of such
audits and investigations shall be selected on the basis of
criteria established by vote of at least 4 members of the
Commission to ensure impartiality in the selection process.
This paragraph does not apply to an authorized committee
of a candidate for President or Vice President subject to
audit under chapter 95 or 96 of the Internal Revenue
Code of 1986.’’.
SEC. 402. AUTHORITY TO SEEK INJUNCTIONS.
(a) IN GENERAL.—Section 309(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437g(a)) is
amended by adding at the end the following new para-
graph:
‘‘(13)(A) If, at any time in a proceeding described
in paragraph (1), (2), (3), or (4), the Commission believes
that—
‘‘(i) there is a substantial likelihood that a vio-
lation of this Act is occurring or is about to occur;
‘‘(ii) the failure to act expeditiously will result
in irreparable harm to a party affected by the poten-
tial violation;
‘‘(iii) expeditious action will not cause undue
harm or prejudice to the interests of others; and
‘‘(iv) the public interest would be best served by
the issuance of an injunction,
the Commission may initiate a civil action for a temporary
restraining order or a temporary injunction pending the
outcome of the proceedings described in paragraphs (1),
(2), (3), and (4).
‘‘(B) An action under subparagraph (A) shall be
brought in the United States district court for the district
in which the defendant resides, transacts business, or may
be found, or in which the violation is occurring, has oc-
curred, or is about to occur.’’;
(b) CONFORMING AMENDMENTS.—Section 309(a) (2
U.S.C. 437g(a)) is amended—
(2) in paragraph (7), by striking ‘‘(5) or (6)’’
and inserting ‘‘(5), (6), or (13)’’; and
(3) in paragraph (11), by striking ‘‘(6)’’ and in-
serting ‘‘(6) or (13)’’.
SEC. 403. EXPEDITED RESPONSE TO COMPLAINTS.
Section 309(a) (2 U.S.C. 437g(a)), as amended by
section 402(a), is further amended by adding at the end
the following new paragraph:
‘‘(14)(A) If the complaint in a proceeding was filed
within 60 days immediately preceding 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
it, that there is clear and convincing evidence that a viola-
tion of this Act has occurred, is occurring, or is about to
occur and it appears that the requirements for relief stat-
ed in paragraph (13)(A) are met, 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, immediately seek relief under paragraph
(13)(A).
‘‘(C) If the Commission determines, on the basis of
facts alleged in the complaint and other facts available to
it, that the complaint is clearly without merit, the Com-
mission 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.’’.
SEC. 404. INDEPENDENT LITIGATION AUTHORITY.
Section 306(f)(4) (2 U.S.C. 437c(f)(4)) is amended
to read as follows:
‘‘(4)(A) Notwithstanding the provisions of paragraph
(2) or of any other provision of law, the Commission is
authorized to appear on its own behalf in any action relat-
ed to the exercise of its statutory duties or powers in any
court as either a party or as amicus curiae, either—
‘‘(i) by attorneys employed in its office, or
‘‘(ii) by counsel whom it may appoint, on a
temporary basis as may be necessary for such pur-
pose, without regard to the provisions of title 5,
United States Code, governing appointments in the
competitive service, and whose compensation it may
fix without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title, and
whose compensation shall be paid out of any funds
otherwise available to pay the compensation of em-
ployees of the Commission.
‘‘(B) The authority granted under subparagraph (A)
includes the power to appeal from, and petition the Su-
preme Court for certiorari to review, judgments or decrees
entered with respect to actions in which the Commission
appears pursuant to the authority provided in this
section.’’.
SEC. 405. EFFECTIVE DATE.
The amendments made by this title shall take effect
January 1, 1998.
TITLE V—WORKER RIGHT TO
KNOW
SEC. 501. FINDINGS.
The Congress finds the following:
(1) The United States Supreme Court an-
nounced in the landmark decision, Communications
Workers of America v. Beck (487 U.S. 735), that
employees who work under a union security agree-
ment, and are required to pay union dues as a con-
dition of employment, may not be forced to contrib-
ute through such dues to union-supported political,
legislative, social, or charitable causes with which
they disagree, and may only be required to pay dues
related to collective bargaining, contract administra-
tion, and grievance adjustment necessary to per-
forming the duties of exclusive representation.
(2) Little action has been taken by the National
Labor Relations Board to facilitate the ability of em-
ployees to exercise their right to object to the use of
their union dues for political, legislative, social, or
charitable purposes, or other activities not necessary
to performing the duties of the exclusive representa-
tive of employees in dealing with the employer on
labor-management issues, and the Board only re-
cently issued its first ruling implementing the Beck
decision nearly 8 years after the Supreme Court is-
sued the opinion.
(3) The evolution of the right enunciated in the
Beck decision has diminished its meaningfulness be-
cause employees are forced to forego critical work-
place rights bearing on their economic well-being in
order to object to the use of their dues for purposes
unrelated to collective bargaining, to rely on the very
organization they are challenging to make the deter-
mination regarding the amount of dues necessary to
the union’s representational function, and do not
have access to clear and concise financial records
that provide an accurate accounting of how union
dues are spent.