Empowering Citizens Act
This bill modifies the system for the public financing of presidential and congressional elections, including by (1) providing for 600% matching funds for campaign contributions that are smaller contributions; and (2) requiring a candidate, as a condition of eligibility for public financing, to agree not to accept certain bundled contributions or contributions of more than $1,000 from any person.
The bill also modifies other election-related provisions, such as by (1) expanding disclosure requirements related to certain bundled contributions made to presidential campaigns, and (2) establishing the Empowering Citizens Payment Account within the Presidential Election Campaign Fund.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1931 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 1931
To reform public financing for Presidential elections and provide for
public financing for Congressional elections.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 5, 2017
Mr. Udall introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To reform public financing for Presidential elections and provide for
public financing for Congressional elections.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Empowering
Citizens Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PRIMARY ELECTIONS
Sec. 1001. Increase in and modifications to matching payments.
Sec. 1002. Eligibility requirements for matching payments.
Sec. 1003. Repeal of expenditure limitations.
Sec. 1004. Period of availability of matching payments.
Sec. 1005. Examination and audits of matchable contributions.
Sec. 1006. Modification to limitation on contributions for Presidential
primary candidates.
TITLE II--GENERAL ELECTIONS
Sec. 2001. Modification of eligibility requirements for public
financing.
Sec. 2002. Repeal of expenditure limitations and use of qualified
campaign contributions.
Sec. 2003. Matching payments and other modifications to payment
amounts.
Sec. 2004. Increase in limit on coordinated party expenditures.
Sec. 2005. Establishment of uniform date for release of payments.
Sec. 2006. Amounts in Presidential Election Campaign Fund.
Sec. 2007. Use of general election payments for general election legal
and accounting compliance.
TITLE III--PUBLIC FINANCING FOR CONGRESSIONAL ELECTION CAMPAIGNS
Sec. 3001. Benefits and eligibility requirements for Congressional
candidates.
Sec. 3002. Permitting unlimited coordinated expenditures by political
party committees on behalf of participating
candidates if expenditures are derived from
small dollar contributions.
Sec. 3003. Prohibiting use of contributions by participating candidates
for purposes other than campaign for
election.
TITLE IV--USE OF PRESIDENTIAL ELECTION CAMPAIGN FUND FOR PUBLIC
FINANCING OF FEDERAL ELECTIONS
Sec. 4001. Use of Presidential Election Campaign Fund for Congressional
candidates.
Sec. 4002. Revisions to designation of income tax payments by
individual taxpayers.
Sec. 4003. Donation to Presidential Election Campaign Fund.
TITLE V--OTHER CAMPAIGN FINANCE REFORMS
Sec. 5001. Regulations with respect to best efforts for identifying
persons making contributions.
Sec. 5002. Rules relating to joint fundraising committees.
Sec. 5003. Disclosure of bundled contributions to Presidential
campaigns; increase in threshold for
bundled contributions by lobbyists.
Sec. 5004. Repeal of special contribution limits for contributions to
national parties for certain purposes.
Sec. 5005. Judicial review of actions related to campaign finance laws.
Sec. 5006. Treatment of internet communications made by political
committees as public communications.
Sec. 5007. Application of limitations on contributions to political
committees making only independent
expenditures.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 6001. Severability.
Sec. 6002. Effective date.
TITLE I--PRIMARY ELECTIONS
SEC. 1001. INCREASE IN AND MODIFICATIONS TO MATCHING PAYMENTS.
(a) Increase and Modification.--
(1) In general.--The first sentence of section 9034(a) of
the Internal Revenue Code of 1986 is amended--
(A) by striking ``an amount equal to the amount of
each contribution'' and inserting ``an amount equal to
600 percent of the amount of each matchable
contribution (disregarding any amount of contributions
from any person to the extent that the total of the
amounts contributed by such person for the election
exceeds $200)''; and
(B) by striking ``authorized committees'' and all
that follows through ``$250'' and inserting
``authorized committees''.
(2) Matchable contributions.--Section 9034 of such Code is
amended--
(A) by striking the last sentence of subsection
(a); and
(B) by inserting after subsection (b) the following
new subsection:
``(c) Matchable Contribution Defined.--For purposes of this section
and section 9033(b)--
``(1) Matchable contribution.--The term `matchable
contribution' means, with respect to the nomination for
election to the office of President of the United States, a
contribution by an individual to a candidate or an authorized
committee of a candidate with respect to which the candidate
has certified in writing that--
``(A) the individual making such contribution has
not made aggregate contributions (including such
matchable contribution) to such candidate and the
authorized committees of such candidate in excess of
$1,000 for the election;
``(B) such candidate and the authorized committees
of such candidate will not accept contributions from
such individual (including such matchable contribution)
aggregating more than the amount described in
subparagraph (A); and
``(C) such contribution was not--
``(i) forwarded from the contributor by any
person other than an individual, or
``(ii) received by the candidate or
committee from a contributor or contributors,
but credited by the committee or candidate to
another person who is not an individual through
records, designations, or other means of
recognizing (whether in writing or not in
writing) that a certain amount of money has
been raised by such person.
``(2) Contribution.--For purposes of this subsection, the
term `contribution' means a gift of money made by a written
instrument which identifies the individual making the
contribution by full name and mailing address, but does not
include a subscription, loan, advance, or deposit of money, or
anything of value or anything described in subparagraph (B),
(C), or (D) of section 9032(4).''.
(3) Conforming amendments.--
(A) Section 9032(4) of such Code is amended by
striking ``section 9034(a)'' and inserting ``section
9034''.
(B) Section 9033(b)(3) of such Code is amended by
striking ``matching contributions'' and inserting
``matchable contributions''.
(b) Modification of Payment Limitation.--
(1) In general.--Section 9034(b) of such Code is amended--
(A) by striking ``Every'' and inserting the
following:
``(1) In general.--Every'',
(2) by striking ``shall not exceed'' and all that follows
and inserting ``shall not exceed $300,000,000.'', and
(3) by adding at the end the following new paragraph:
``(3) Inflation adjustment.--
``(A) In general.--In the case of any applicable
period beginning after 2019, the dollar amount in
paragraph (1) shall be increased by an amount equal
to--
``(i) such dollar amount, multiplied by
``(ii) the cost-of-living adjustment
determined under section 1(f)(3) for the
calendar year following the year which such
applicable period begins, determined by
substituting `calendar year 2018' for `calendar
year 1992' in subparagraph (B) thereof.
``(B) Applicable period.--For purposes of this
paragraph, the term `applicable period' means the 4-
year period beginning with the first day following the
date of the general election for the office of
President and ending on the date of the next such
general election.
``(C) Rounding.--If any amount as adjusted under
subparagraph (1) is not a multiple of $10,000, such
amount shall be rounded to the nearest multiple of
$10,000.''.
SEC. 1002. ELIGIBILITY REQUIREMENTS FOR MATCHING PAYMENTS.
(a) Amount of Aggregate Contributions Per State; Disregarding of
Amounts Contributed in Excess of $200.--Section 9033(b)(3) of the
Internal Revenue Code of 1986 is amended--
(1) by striking ``$5,000'' and inserting ``$25,000''; and
(2) by striking ``20 States'' and inserting the following:
``20 States (disregarding any amount of contributions from any
such resident to the extent that the total of the amounts
contributed by such resident for the election exceeds $200)''.
(b) Contribution Limit.--
(1) In general.--Paragraph (4) of section 9033(b) of such
Code is amended to read as follows:
``(4) the candidate and the authorized committees of the
candidate will not accept aggregate contributions from any
person with respect to the nomination for election to the
office of President of the United States in excess of $1,000
for the election.''.
(2) Conforming amendments.--
(A) Section 9033(b) of such Code is amended by
adding at the end the following new flush sentence:
``For purposes of paragraph (4), the term `contribution' has the
meaning given such term in section 301(8) of the Federal Election
Campaign Act of 1971.''.
(B) Section 9032(4) of such Code, as amended by
section 1001(a)(3)(A) is amended by inserting ``or
9033(b)'' after ``9034''.
(c) Ban on Acceptance of Bundled Contributions.--Section 9033(b) of
such Code, as amended by subsection (b), is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``, and''; and
(3) by adding at the end the following new paragraph:
``(5) the candidate and the authorized committee of the
candidate will not accept any bundled contribution (as defined
in section 304(i)(8) of the Federal Election Campaign Act of
1971) forwarded by or credited to a person described in section
304(i)(7) of such Act.''.
(d) Participation in System for Payments for General Election.--
Section 9033(b) of such Code, as amended by subsection (c), is
amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``, and''; and
(3) by adding at the end the following new paragraph:
``(6) if the candidate is nominated by a political party
for election to the office of President, the candidate will
apply for and accept payments with respect to the general
election for such office in accordance with chapter 95.''.
SEC. 1003. REPEAL OF EXPENDITURE LIMITATIONS.
(a) In General.--Subsection (a) of section 9035 of the Internal
Revenue Code of 1986 is amended to read as follows:
``(a) Personal Expenditure Limitation.--No candidate shall
knowingly make expenditures from his personal funds, or the personal
funds of his immediate family, in connection with his campaign for
nomination for election to the office of President in excess of, in the
aggregate, $50,000.''.
(b) Conforming Amendment.--Paragraph (1) of section 9033(b) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) the candidate will comply with the personal
expenditure limitation under section 9035,''.
SEC. 1004. PERIOD OF AVAILABILITY OF MATCHING PAYMENTS.
Section 9032(6) of the Internal Revenue Code of 1986 is amended by
striking ``the beginning of the calendar year in which a general
election for the office of President of the United States will be
held'' and inserting ``the date that is 6 months prior to the date of
the earliest State primary election''.
SEC. 1005. EXAMINATION AND AUDITS OF MATCHABLE CONTRIBUTIONS.
Section 9038(a) of the Internal Revenue Code of 1986 is amended by
inserting ``and matchable contributions accepted by'' after ``qualified
campaign expenses of''.
SEC. 1006. MODIFICATION TO LIMITATION ON CONTRIBUTIONS FOR PRESIDENTIAL
PRIMARY CANDIDATES.
Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(a)(6)) is amended by striking ``calendar year'' and
inserting ``four-year election cycle''.
TITLE II--GENERAL ELECTIONS
SEC. 2001. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC
FINANCING.
Subsection (a) of section 9003 of the Internal Revenue Code of 1986
is amended to read as follows:
``(a) In General.--In order to be eligible to receive any payments
under section 9006, the candidates of a political party in a
presidential election shall meet the following requirements:
``(1) Participation in primary payment system.--The
candidate for President received payments under chapter 96 for
the campaign for nomination for election to be President.
``(2) Agreements with commission.--The candidates, in
writing--
``(A) agree to obtain and furnish to the Commission
such evidence as it may request of the qualified
campaign expenses of such candidates,
``(B) agree to keep and furnish to the Commission
such records, books, and other information as it may
request, and
``(C) agree to an audit and examination by the
Commission under section 9007 and to pay any amounts
required to be paid under such section.
``(3) Ban on bundled contributions.--The candidates certify
to the Commission, under penalty of perjury and within such
time prior to the day of the presidential election as the
Commission shall prescribe by rules or regulations, that the
candidates and the authorized committees of such candidates
will not accept any bundled contribution (as defined in section
304(i)(8) of the Federal Election Campaign Act of 1971)
forwarded by or credited to a person described in section
304(i)(7) of such Act.''.
SEC. 2002. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF QUALIFIED
CAMPAIGN CONTRIBUTIONS.
(a) Use of Qualified Campaign Contributions Without Expenditure
Limits; Application of Same Requirements for Major, Minor, and New
Parties.--Section 9003 of the Internal Revenue Code of 1986 is amended
by striking subsections (b) and (c) and inserting the following:
``(b) Use of Qualified Campaign Contributions To Defray Expenses.--
``(1) In general.--In order to be eligible to receive any
payments under section 9006, the candidates of a party in a
presidential election shall certify to the Commission, under
penalty of perjury, that--
``(A) such candidates and their authorized
committees have not and will not accept any
contributions to defray qualified campaign expenses
other than--
``(i) qualified campaign contributions, and
``(ii) contributions to the extent
necessary to make up any deficiency payments
received out of the fund on account of the
application of section 9006(c), and
``(B) such candidates and their authorized
committees have not and will not accept any
contribution to defray expenses which would be
qualified campaign expenses but for subparagraph (C) of
section 9002(11).
``(2) Timing of certification.--The candidate shall make
the certification required under this subsection at the same
time the candidate makes the certification required under
subsection (a)(3).''.
(b) Definition of Qualified Campaign Contribution.--Section 9002 of
such Code is amended by adding at the end the following new paragraph:
``(13) Qualified campaign contribution.--The term
`qualified campaign contribution' means, with respect to any
election for the office of President of the United States, a
contribution from an individual to a candidate or an authorized
committee of a candidate which--
``(A) does not exceed $1,000 for the election; and
``(B) with respect to which the candidate has
certified in writing that--
``(i) the individual making such
contribution has not made aggregate
contributions (including such qualified
contribution) to such candidate and the
authorized committees of such candidate in
excess of the amount described in subparagraph
(A), and
``(ii) such candidate and the authorized
committees of such candidate will not accept
contributions from such individual (including
such qualified contribution) aggregating more
than the amount described in subparagraph (A)
with respect to such election.''.
(c) Conforming Amendments.--
(1) Repeal of expenditure limits.--
(A) In general.--Section 315 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116) is
amended by striking subsection (b).
(B) Conforming amendments.--Section 315(c) of such
Act (52 U.S.C. 30116(c)) is amended--
(i) in paragraph (1)(B)(i), by striking ``,
(b)''; and
(ii) in paragraph (2)(B)(i), by striking
``subsections (b) and (d)'' and inserting
``subsection (d)''.
(2) Repeal of repayment requirement.--
(A) In general.--Section 9007(b) of the Internal
Revenue Code of 1986 is amended by striking paragraph
(2) and redesignating paragraphs (3), (4), and (5) as
paragraphs (2), (3), and (4), respectively.
(B) Conforming amendment.--Paragraph (2) of section
9007(b) of such Code, as redesignated by subparagraph
(A), is amended--
(i) by striking ``a major party'' and
inserting ``a party'';
(ii) by inserting ``qualified contributions
and'' after ``contributions (other than''; and
(iii) by striking ``(other than qualified
campaign expenses with respect to which payment
is required under paragraph (2))''.
(3) Criminal penalties.--
(A) Repeal of penalty for excess expenses.--Section
9012 of the Internal Revenue Code of 1986 is amended by
striking subsection (a).
(B) Penalty for acceptance of disallowed
contributions; application of same penalty for
candidates of major, minor, and new parties.--
Subsection (b) of section 9012 of such Code is amended
to read as follows:
``(b) Contributions.--
``(1) Acceptance of disallowed contributions.--It shall be
unlawful for an eligible candidate of a party in a presidential
election or any of his authorized committees knowingly and
willfully to accept any contribution to defray qualified
campaign expenses, except to the extent necessary to make up
any deficiency in payments received out of the fund on account
of the application of section 9006(c), or to defray expenses
which would be qualified campaign expenses but for subparagraph
(C) of section 9002(11).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $5,000, or imprisoned not more than one
year, or both. In the case of a violation by an authorized
committee, any officer or member of such committee who
knowingly and willfully consents to such violation shall be
fined not more than $5,000, or imprisoned not more than one
year, or both.''.
SEC. 2003. MATCHING PAYMENTS AND OTHER MODIFICATIONS TO PAYMENT
AMOUNTS.
(a) In General.--
(1) Amount of payments; application of same amount for
candidates of major, minor, and new parties.--Subsection (a) of
section 9004 of the Internal Revenue Code of 1986 is amended to
read as follows:
``(a) In General.--Subject to the provisions of this chapter, the
eligible candidates of a party in a presidential election shall be
entitled to equal payment under section 9006 in an amount equal to 600
percent of the amount of each matchable contribution received by such
candidate or by the candidate's authorized committees (disregarding any
amount of contributions from any person to the extent that the total of
the amounts contributed by such person for the election exceeds $200),
except that total amount to which a candidate is entitled under this
paragraph shall not exceed $300,000,000.''.
(2) Repeal of separate limitations for candidates of minor
and new parties; inflation adjustment.--Subsection (b) of
section 9004 of such Code is amended to read as follows:
``(b) Inflation Adjustment.--
``(1) In general.--In the case of any applicable period
beginning after 2019, the $300,000,000 dollar amount in
subsection (a) shall be increased by an amount equal to--
``(A) such dollar amount; multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year following
the year which such applicable period begins,
determined by substituting `calendar year 2018' for
`calendar year 1992' in subparagraph (B) thereof.
``(2) Applicable period.--For purposes of this subsection,
the term `applicable period' means the 4-year period beginning
with the first day following the date of the general election
for the office of President and ending on the date of the next
such general election.
``(3) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10,000, such amount shall be rounded
to the nearest multiple of $10,000.''.
(3) Conforming amendment.--Section 9005(a) of such Code is
amended by adding at the end the following new sentence: ``The
Commission shall make such additional certifications as may be
necessary to receive payments under section 9004.''.
(b) Matchable Contribution.--Section 9002 of such Code, as amended
by section 2002, is amended by adding at the end the following new
paragraph:
``(14) Matchable contribution.--The term `matchable
contribution' means, with respect to the election to the office
of President of the United States, a contribution by an
individual to a candidate or an authorized committee of a
candidate with respect to which the candidate has certified in
writing that--
``(A) the individual making such contribution has
not made aggregate contributions (including such
matchable contribution) to such candidate and the
authorized committees of such candidate in excess of
$1,000 for the election;
``(B) such candidate and the authorized committees
of such candidate will not accept contributions from
such individual (including such matchable contribution)
aggregating more than the amount described in
subparagraph (A) with respect to such election; and
``(C) such contribution was not--
``(i) forwarded from the contributor by any
person other than an individual, or
``(ii) received by the candidate or
committee from a contributor or contributors,
but credited by the committee or candidate to
another person who is not an individual through
records, designations, or other means of
recognizing (whether in writing or not in
writing) that a certain amount of money has
been raised by such person.''.
SEC. 2004. INCREASE IN LIMIT ON COORDINATED PARTY EXPENDITURES.
(a) In General.--Section 315(d)(2) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to read as follows:
``(2)(A) The national committee of a political party may not make
any expenditure in connection with the general election campaign of any
candidate for President of the United States who is affiliated with
such party which exceeds $100,000,000.
``(B) For purposes of this paragraph--
``(i) any expenditure made by or on behalf of a national
committee of a political party and in connection with a
presidential election shall be considered to be made in
connection with the general election campaign of a candidate
for President of the United States who is affiliated with such
party; and
``(ii) any communication made by or on behalf of such party
shall be considered to be made in connection with the general
election campaign of a candidate for President of the United
States who is affiliated with such party if any portion of the
communication is in connection with such election.
``(C) Any expenditure under this paragraph shall be in addition to
any expenditure by a national committee of a political party serving as
the principal campaign committee of a candidate for the office of
President of the United States.''.
(b) Conforming Amendments Relating to Timing of Cost-of-Living
Adjustment.--
(1) In general.--Section 315(c)(1) of such Act (52 U.S.C.
30116(c)(1)), as amended by section 2002(c)(1)(B), is amended--
(A) in subparagraph (B), by striking ``(d)'' and
inserting ``(d)(3)''; and
(B) by inserting at the end the following new
subparagraph:
``(D) In any calendar year after 2018--
``(i) the dollar amount in subsection (d)(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) the amount so increased shall remain in effect for
the calendar year; and
``(iii) if the amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''.
(2) Base year.--Section 315(c)(2)(B) of such Act (52 U.S.C.
30116(c)(2)(B)), as amended by section 2002(c)(1)(B), is
amended--
(A) in clause (i)--
(i) by striking ``(d)'' and inserting
``(d)(3)''; and
(ii) by striking ``and'' at the end;
(B) in clause (ii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iii) for purposes of subsection (d)(2), calendar
year 2017.''.
SEC. 2005. ESTABLISHMENT OF UNIFORM DATE FOR RELEASE OF PAYMENTS.
(a) Date for Payments.--
(1) In general.--Section 9006(b) of the Internal Revenue
Code of 1986 is amended to read as follows:
``(b) Payments From the Fund.--If the Secretary of the Treasury
receives a certification from the Commission under section 9005 for
payment to the eligible candidates of a political party, the Secretary
shall pay to such candidates out of the fund the amount certified by
the Commission on the later of--
``(1) the last Friday occurring before the first Monday in
September; or
``(2) 24 hours after receiving the certifications for the
eligible candidates of all major political parties.
Amounts paid to any such candidates shall be under the control of such
candidates.''.
(2) Conforming amendment.--The first sentence of section
9006(c) of such Code is amended by striking ``the time of a
certification by the Commission under section 9005 for
payment'' and inserting ``the time of making a payment under
subsection (b)''.
(b) Time for Certification.--Section 9005(a) of the Internal
Revenue Code of 1986 is amended by striking ``10 days'' and inserting
``24 hours''.
SEC. 2006. AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND.
(a) Determination of Amounts in Fund.--Section 9006(c) of the
Internal Revenue Code of 1986 is amended by adding at the end the
following new sentence: ``In making a determination of whether there
are insufficient moneys in the fund for purposes of the previous
sentence, the Secretary shall take into account in determining the
balance of the fund for a Presidential election year the Secretary's
best estimate of the amount of moneys which will be deposited into the
fund during the year, except that the amount of the estimate may not
exceed the average of the annual amounts deposited in the fund during
the previous 3 years.''.
(b) Special Rule for First Campaign Cycle Under This Act.--
(1) In general.--Section 9006 of the Internal Revenue Code
of 1986 is amended by adding at the end the following new
subsection:
``(d) Special Authority To Borrow.--
``(1) In general.--Notwithstanding subsection (c), there
are authorized to be appropriated to the fund, as repayable
advances, such sums as are necessary to carry out the purposes
of the fund during the period ending on the first presidential
election occurring after the date of the enactment of this
subsection.
``(2) Repayment of advances.--
``(A) In general.--Advances made to the fund shall
be repaid, and interest on such advances shall be paid,
to the general fund of the Treasury when the Secretary
determines that moneys are available for such purposes
in the fund.
``(B) Rate of interest.--Interest on advances made
to the fund shall be at a rate determined by the
Secretary of the Treasury (as of the close of the
calendar month preceding the month in which the advance
is made) to be equal to the current average market
yield on outstanding marketable obligations of the
United States with remaining periods to maturity
comparable to the anticipated period during which the
advance will be outstanding and shall be compounded
annually.''.
(2) Effective date.--The amendment made by this subsection
shall take effect January 1, 2018.
SEC. 2007. USE OF GENERAL ELECTION PAYMENTS FOR GENERAL ELECTION LEGAL
AND ACCOUNTING COMPLIANCE.
Section 9002(11) of the Internal Revenue Code of 1986 is amended by
adding at the end the following new sentence: ``For purposes of
subparagraph (A), an expense incurred by a candidate or authorized
committee for general election legal and accounting compliance purposes
shall be considered to be an expense to further the election of such
candidate.''.
TITLE III--PUBLIC FINANCING FOR CONGRESSIONAL ELECTION CAMPAIGNS
SEC. 3001. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR CONGRESSIONAL
CANDIDATES.
The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.)
is amended by adding at the end the following:
``TITLE V--PUBLIC FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--If a candidate for election to the office of
Senator or Representative in, or Delegate or Resident Commissioner to,
the Congress is a participating candidate under this title with respect
to an election for such office, the candidate shall be entitled to
payments under this title, to be used only for authorized expenditures
in connection with the election.
``(b) Amount of Payment.--
``(1) Match of qualified contributions.--Subject to
paragraph (2), the amount of a payment made to a participating
candidate under this title shall be equal to 600 percent of the
amount of qualified contributions received by the candidate
since the most recent payment made to the candidate under this
title with respect to the election, as set forth--
``(A) in the case of the first payment made to the
candidate with respect to the election, in the report
filed under section 511(a)(2); and
``(B) in the case of any subsequent payment made to
the candidate with respect to the election, in the
report of qualified contributions filed under
subsection (c).
``(2) Limitation.--In determining the amount of qualified
contributions received by a candidate for purposes of making a
payment under this section, there shall be disregarded any
amount of contributions from any person to the extent that the
total of the amounts contributed by such person for the
election exceeds $200.
``(c) Reports.--
``(1) In general.--Each participating candidate shall file
reports of receipts of qualified contributions at such times
and in such manner as the Commission may by regulations
prescribe.
``(2) Contents of reports.--Each report under this
subsection shall disclose each qualified contribution received
by the candidate since the most recent report filed under this
section, and shall state the aggregate amount of all such
qualified contributions received since the most recent report
filed under this section.
``(3) Frequency of reports.--Reports under this subsection
shall be made no more frequently than--
``(A) once every month until the date that is 90
days before the date of the election;
``(B) once every week after the period described in
subparagraph (A) and until the date that is 21 days
before the election; and
``(C) once every day after the period described in
subparagraph (B).
``(4) Limitation on regulations.--The Commission may not
prescribe any regulations with respect to reporting under this
subsection with respect to any election after the date that is
180 days before the date of such election.
``(d) Limit on Aggregate Amount of Payments.--The aggregate amount
of payments that may be made under this title to a participating
candidate during an election cycle may not exceed--
``(1) $2,000,000, in the case of a candidate for the office
of Representative in, or Delegate or Resident Commissioner to,
the Congress; or
``(2) $10,000,000, in the case of a candidate for the
office of Senator.
``(e) Inflation Adjustment.--In each odd-numbered calendar year
after 2018--
``(1) each of the dollar amounts under subsections (b)(2),
(d)(1), and (d)(2) shall be increased by the percent difference
determined under section 315(c)(1)(A) (determined by
substituting `calendar year 2017' for `the base period');
``(2) each amount so increased shall remain in effect for
the election cycle beginning on the first day following the
year in which the amount is increased; and
``(3) if any amount after adjustment under paragraph (1)
is--
``(A) in the case of an amount under subsection
(b)(2), not a multiple of $10, such amount shall be
rounded to the nearest multiple of $10, and
``(B) in the case of an amount under subsection
(d), not a multiple of $1,000, such amount shall be
rounded to the nearest multiple of $1,000.
``SEC. 502. ADMINISTRATION OF PAYMENTS.
``(a) Timing.--The Commission shall make payments under this title
to a participating candidate--
``(1) in the case of the first payment made to the
candidate with respect to the election, not later than 48 hours
after the date on which such candidate is certified as a
participating candidate under section 513; and
``(2) in the case of any subsequent payment made to the
candidate with respect to the election, not later than 5
business days after the receipt of a report made under section
501(c).
``(b) Method of Payment.--The Commission shall distribute funds
available to participating candidates under this title through the use
of an electronic funds exchange or a debit card.
``(c) Appeals.--The Commission shall provide a written explanation
with respect to any denial of any payment under this title and shall
provide for the opportunity for review and reconsideration within 5
business days of such denial.
``SEC. 503. QUALIFIED CONTRIBUTION DEFINED.
``In this title, the term `qualified contribution' means, with
respect to a candidate, a contribution that meets each of the following
requirements:
``(1) The contribution is in an amount that is not greater
than the limit on the amount of a contribution that may be
accepted by a participating candidate from an individual under
section 521(a).
``(2) The contribution is made by an individual who is not
otherwise prohibited from making a contribution under this Act.
``(3) The contribution is not--
``(A) forwarded from the contributor by any person
other than an individual; or
``(B) received by the candidate or an authorized
committee of the candidate from a contributor or
contributors, but credited by the committee or
candidate to another person who is not an individual
through records, designations, or other means of
recognizing (whether in writing or not in writing) that
a certain amount of money has been raised by such
person.
``(4) The contribution meets the requirements of section
512(b).
``Subtitle B--Eligibility and Certification
``SEC. 511. ELIGIBILITY.
``(a) In General.--A candidate for the office of Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress is eligible to be certified as a participating candidate under
this title with respect to an election if the candidate meets the
following requirements:
``(1) During the election cycle for the office involved,
the candidate files with the Commission a statement of intent
to seek certification as a participating candidate.
``(2) The candidate meets the qualified contribution
requirements of section 512 and submits to the Commission a
report disclosing each qualified contribution received by the
candidate and stating the aggregate amount of all such
qualified contributions received.
``(3) Not later than the last day of the qualifying period,
the candidate files with the Commission an affidavit signed by
the candidate and the treasurer of the candidate's principal
campaign committee declaring that the candidate--
``(A) has complied and, if certified, will comply
with the contribution and expenditure requirements of
section 521;
``(B) if certified, will run only as a
participating candidate for all elections for the
office that such candidate is seeking during the
election cycle; and
``(C) has either qualified or will take steps to
qualify under State law to be on the ballot.
``(b) General Election.--Notwithstanding subsection (a), a
candidate shall not be eligible to receive a payment under this title
for a general election or a general runoff election unless the
candidate's party nominated the candidate to be placed on the ballot
for the general election or the candidate is otherwise qualified to be
on the ballot under State law.
``(c) Qualifying Period Defined.--The term `qualifying period'
means, with respect to any candidate for the office of Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress, the 120-day period (during the election cycle for such
office) which begins on the date on which the candidate files a
statement of intent under section 511(a)(1), except that such period
may not continue after the date that is 60 days before--
``(1) the date of the primary election; or
``(2) in the case of a State that does not hold a primary
election, the date prescribed by State law as the last day to
qualify for a position on the general election ballot.
``SEC. 512. QUALIFIED CONTRIBUTION REQUIREMENTS.
``(a) Receipt of Qualified Contributions.--
``(1) In general.--A candidate meets the requirements of
this section if, during the qualifying period described in
section 511(c), the candidate obtains--
``(A) a single qualified contribution from a number
of individuals equal to or greater than--
``(i) in the case of a candidate for
election the office of Representative in, or
Delegate or Resident Commissioner to, the
Congress, 400, or
``(ii) in the case of a candidate for the
office of Senator, the product of 400 and the
number of Congressional districts in the State
involved as of the date of the election; and
``(B) a total dollar amount of qualified
contributions equal to or greater than--
``(i) in the case of a candidate for
election the office of Representative in, or
Delegate or Resident Commissioner to, the
Congress, $40,000, disregarding any amount of
contributions from any person to the extent
that the total of the amounts contributed by
such person for the election exceeds $200, or
``(ii) in the case of a candidate for the
office of Senator, the product of $40,000 and
the number of Congressional districts in the
State involved as of the date of the election,
disregarding any amount of contributions from
any person to the extent that the total of the
amounts contributed by such person for the
election exceeds $200.
``(2) Exclusion of contributions from out-of-state
residents.--In determining the number of qualified
contributions obtained by a candidate under paragraph (1)(A)
and the dollar amount of qualified contributions obtained by a
candidate under paragraph (1)(B), there shall be excluded any
contributions made by an individual who does not have a primary
residence in the State in which such candidate is seeking
election.
``(b) Requirements Relating to Receipt of Qualified Contribution.--
Each qualified contribution--
``(1) may be made by means of a personal check, money
order, debit card, credit card, or electronic payment account;
``(2) shall be accompanied by a signed statement containing
the contributor's name and the contributor's address in the
State in which the primary residence of the contributor is
located; and
``(3) shall be acknowledged by a receipt that is sent to
the contributor with a copy kept by the candidate for the
Commission and a copy kept by the candidate for the election
authorities in the State with respect to which the candidate is
seeking election.
``(c) Prohibiting Payment on Commission Basis of Individuals
Collecting Qualified Contributions.--No person may be paid a commission
on a per qualified contribution basis for collecting qualified
contributions.
``SEC. 513. CERTIFICATION.
``(a) Deadline and Notification.--
``(1) In general.--Not later than 10 days after a candidate
files an affidavit under section 511(a)(3), the Commission
shall--
``(A) determine whether or not the candidate meets
the requirements for certification as a participating
candidate;
``(B) if the Commission determines that the
candidate meets such requirements, certify the
candidate as a participating candidate; and
``(C) notify the candidate of the Commission's
determination.
``(2) Deemed certification for all elections in election
cycle.--If the Commission certifies a candidate as a
participating candidate with respect to the first election of
the election cycle involved, the Commissioner shall be deemed
to have certified the candidate as a participating candidate
with respect to all subsequent elections of the election cycle.
``(b) Revocation of Certification.--
``(1) In general.--The Commission may revoke a
certification under subsection (a) if--
``(A) a candidate fails to qualify to appear on the
ballot at any time after the date of certification
(other than a candidate certified as a participating
candidate with respect to a primary election who fails
to qualify to appear on the ballot for a subsequent
election in that election cycle); or
``(B) a candidate otherwise fails to comply with
the requirements of this title, including any
regulatory requirements prescribed by the Commission.
``(2) Repayment of benefits.--If certification is revoked
under paragraph (1), the candidate shall repay to the
Empowering Citizens Payment Account of the Presidential
Election Campaign Fund (established under section 9051 of the
Internal Revenue Code of 1986) an amount equal to the value of
benefits received under this title with respect to the election
cycle involved plus interest (at a rate determined by the
Commission) on any such amount received.
``(c) Participating Candidate Defined.--In this title, a
`participating candidate' means a candidate for the office of Senator
or Representative in, or Delegate or Resident Commissioner to, the
Congress who is certified under this section as eligible to receive
benefits under this title.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``SEC. 521. RESTRICTIONS ON CERTAIN CONTRIBUTIONS AND EXPENDITURES.
``(a) Reduction in Otherwise Applicable Contribution Limits.--
``(1) In general.--In the case of a candidate who is
certified as a participating candidate under this title with
respect to an election, each limit applicable under paragraph
(1)(A) and paragraph (2)(A) of section 315(a) to the amount of
a contribution which may be made to the candidate and any
authorized committee of the candidate with respect to the
election shall be equal to $1,000 for the election.
``(2) Inflation adjustment.--In each odd-numbered calendar
year after 2018--
``(A) the $1,000 amount under paragraph (1) shall
be increased by the percent difference determined under
section 315(c)(1)(A) (determined by substituting
`calendar year 2017' for `the base period');
``(B) the amount so increased shall remain in
effect for the election cycle beginning on the first
day following the year in which the amount is
increased; and
``(C) if any amount after adjustment under
subparagraph (A) not a multiple of $100, such amount
shall be rounded to the nearest multiple of $100.
``(b) Prohibiting Acceptance of Contributions Bundled by Registered
Lobbyists.--A candidate who is certified as a participating candidate
under this title with respect to an election, and any authorized
committee of such a candidate, may not accept any contribution with
respect to the election which is a bundled contribution (as defined in
section 304(i)(8)) forwarded by or credited to a person described in
section 304(i)(7).
``(c) Limit on Expenditures From Personal Funds.--A candidate who
is certified as a participating candidate under this title may not make
expenditures from personal funds (as defined in section 304(a)(6)(B))
in an aggregate amount exceeding $50,000 with respect to any election
in the election cycle involved.
``(d) Prohibiting Solicitation of Funds for Political Party
Committees.--A candidate who is certified as a participating candidate
under this title may not solicit funds for any political committee of a
political party, except that the candidate may solicit funds for a
separate account of the committee which is established under section
315(d)(5).
``SEC. 522. REMITTING UNSPENT FUNDS AFTER ELECTION.
``(a) In General.--Not later than the date that is 60 days after
the last election for which a candidate certified as a participating
candidate qualifies to be on the ballot during the election cycle
involved, such participating candidate shall remit to the Commission
for deposit in the Empowering Citizens Payment Account of the
Presidential Election Campaign Fund (established under section 9051 of
the Internal Revenue Code of 1986) an amount equal to the lesser of--
``(1) the amount of money in the candidate's campaign
account; or
``(2) the amount of the payments received by the candidate
under this title.
``(b) Exception for Expenditures Incurred but Not Paid as of Date
of Remittance.--
``(1) In general.--Subject to subsection (a), a candidate
may withhold from the amount required to be remitted under
paragraph (1) of such subsection the amount of any authorized
expenditures which were incurred in connection with the
candidate's campaign but which remain unpaid as of the deadline
applicable to the candidate under such subsection, except that
any amount withheld pursuant to this paragraph shall be
remitted to the Commission not later than 120 days after the
date of the election to which such subsection applies.
``(2) Documentation required.--A candidate may withhold an
amount of an expenditure pursuant to paragraph (1) only if the
candidate submits documentation of the expenditure and the
amount to the Commission not later than the deadline applicable
to the candidate under subsection (a).
``Subtitle D--Administrative Provisions
``SEC. 531. ADMINISTRATION BY COMMISSION.
``The Commission shall prescribe regulations to carry out the
purposes of this title, including regulations to establish procedures
for--
``(1) verifying the amount of qualified contributions with
respect to a candidate;
``(2) effectively and efficiently monitoring and enforcing
the limits on the raising of qualified contributions;
``(3) effectively and efficiently monitoring and enforcing
the limits on the use of personal funds by participating
candidates; and
``(4) monitoring the use of payments under this title
through audits of not fewer than \1/3\ of all participating
candidates or other mechanisms.
``SEC. 532. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and Expenditure
Requirements.--If a candidate who has been certified as a participating
candidate accepts a contribution or makes an expenditure that is
prohibited under section 521, the Commission shall assess a civil
penalty against the candidate in an amount that is not more than 3
times the amount of the contribution or expenditure. Any amounts
collected under this subsection shall be deposited into the Empowering
Citizens Payment Account of the Presidential Election Campaign Fund
(established under section 9051 of the Internal Revenue Code of 1986).
``(b) Repayment for Improper Use of Empowering Citizens Payment
Account.--
``(1) In general.--If the Commission determines that any
benefit made available to a participating candidate was not
used as provided for in this title or that a participating
candidate has violated any of the dates for remission of funds
contained in this title, the Commission shall so notify the
candidate and the candidate shall pay to the Empowering
Citizens Payment Account of the Presidential Election Campaign
Fund an amount equal to--
``(A) the amount of benefits so used or not
remitted, as appropriate; and
``(B) interest on any such amounts (at a rate
determined by the Commission).
``(2) Other action not precluded.--Any action by the
Commission in accordance with this subsection shall not
preclude enforcement proceedings by the Commission in
accordance with section 309(a), including a referral by the
Commission to the Attorney General in the case of an apparent
knowing and willful violation of this title.
``SEC. 533. ELECTION CYCLE DEFINED.
``In this title, the term `election cycle' means, with respect to
an election for the office of Senator or Representative in, or Delegate
or Resident Commissioner to, the Congress, the period beginning on the
day after the date of the most recent general election for that office
(or, if the general election resulted in a runoff election, the date of
the runoff election) and ending on the date of the next general
election for that office (or, if the general election resulted in a
runoff election, the date of the runoff election).''.
SEC. 3002. PERMITTING UNLIMITED COORDINATED EXPENDITURES BY POLITICAL
PARTY COMMITTEES ON BEHALF OF PARTICIPATING CANDIDATES IF
EXPENDITURES ARE DERIVED FROM SMALL DOLLAR CONTRIBUTIONS.
Section 315(d) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(d)), as amended by section 2101(b) of Division N of the
Consolidated and Further Continuing Appropriations Act, 2015 (Public
Law 113-235; 128 Stat. 2773), is amended by adding at the end the
following new paragraph:
``(6) In determining the amount of expenditures made by a committee
under paragraph (3) in connection with the campaign of a candidate who
is certified as a participating candidate under title V, there shall be
excluded any expenditures which are derived from a separate account
established by the committee for which the only sources of funds are
contributions made during the election cycle in an amount which does
not exceed $1,000 per contributor.''.
SEC. 3003. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES
FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION.
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114) is amended by adding at the end the following new subsection:
``(d) Restrictions on Permitted Uses of Funds by Candidates
Receiving Matching Public Funds.--Notwithstanding paragraph (2), (3),
or (4) of subsection (a), if a candidate for election for the office of
Senator or Representative in, or Delegate or Resident Commissioner to,
the Congress is certified as a participating candidate under title V
with respect to the election, any contribution which the candidate is
permitted to accept under such title may be used only for authorized
expenditures in connection with the candidate's campaign for such
office.''.
TITLE IV--USE OF PRESIDENTIAL ELECTION CAMPAIGN FUND FOR PUBLIC
FINANCING OF FEDERAL ELECTIONS
SEC. 4001. USE OF PRESIDENTIAL ELECTION CAMPAIGN FUND FOR CONGRESSIONAL
CANDIDATES.
Subtitle H of the Internal Revenue Code of 1986 is amended by
adding at the end the following new chapter:
``CHAPTER 97--EMPOWERING CITIZENS PAYMENT ACCOUNT
``Sec. 9051. Payments to Congressional candidates.
``SEC. 9051. PAYMENTS TO CONGRESSIONAL CANDIDATES.
``(a) Establishment of Account.--The Secretary shall maintain in
the Presidential Election Campaign Fund established by section 9006(a),
in addition to any account which he maintains under such section, a
separate account to be known as the Empowering Citizens Payment Account
(hereinafter in this section referred to as the `Account').
``(b) Amounts Transferred to Account.--
``(1) In general.--The Secretary shall deposit into the
Account the excess of--
``(A) the balance of the Federal Election Campaign
Fund (determined without regard to the Account), over
``(B) the amount determined by the Secretary to be
required for payments under section 9006(c) and for
payments under section 9037(b).
``(2) Supplemental transfers.--There are hereby
appropriated to the Account an amount equal to the excess (if
any) of--
``(A) the amount required to provide payments to
candidates for election to the office of Senator or
Representative in, or Delegate or Resident Commissioner
to, the Congress who are participating candidates under
title V of the Federal Election Campaign Act of 1971,
over
``(B) the amounts transferred to such Account under
paragraph (1).
``(c) Use of Account for Payments to Congressional Candidates
Participating in Public Financing Program.--The Secretary shall
transfer amounts in the Account to the Federal Election Commission, at
such times and in such amounts as the Federal Election Commission may
certify, for payments to candidates for election to the office of
Senator or Representative in, or Delegate or Resident Commissioner to,
the Congress who are participating candidates under title V of the
Federal Election Campaign Act of 1971.''.
SEC. 4002. REVISIONS TO DESIGNATION OF INCOME TAX PAYMENTS BY
INDIVIDUAL TAXPAYERS.
(a) Increase in Amount Designated.--Section 6096(a) of the Internal
Revenue Code of 1986 is amended--
(1) in the first sentence, by striking ``$3'' each place it
appears and inserting ``$20''; and
(2) in the second sentence--
(A) by striking ``$6'' and inserting ``$40''; and
(B) by striking ``$3'' and inserting ``$20''.
(b) Indexing.--Section 6096 of such Code is amended by adding at
the end the following new subsection:
``(d) Indexing of Amount Designated.--
``(1) In general.--With respect to each taxable year after
2017, each amount referred to in subsection (a) shall be
increased by the percent difference described in paragraph (2),
except that if any such amount after such an increase is not a
multiple of $1, such amount shall be rounded to the nearest
multiple of $1.
``(2) Percent difference described.--The percent difference
described in this paragraph with respect to a taxable year is
the percent difference determined under section 315(c)(1)(A) of
the Federal Election Campaign Act of 1971 with respect to the
calendar year during which the taxable year begins, except that
the base year involved shall be 2016.''.
(c) Ensuring Tax Preparation Software Does Not Provide Automatic
Response to Designation Question.--Section 6096 of such Code, as
amended by subsection (b), is amended by adding at the end the
following new subsection:
``(e) Ensuring Tax Preparation Software Does Not Provide Automatic
Response to Designation Question.--The Secretary shall promulgate
regulations to ensure that electronic software used in the preparation
or filing of individual income tax returns does not automatically
accept or decline a designation of a payment under this section.''.
(d) Public Information Program on Designation.--Section 6096 of
such Code, as amended by subsections (b) and (c), is amended by adding
at the end the following new subsection:
``(f) Public Information Program.--
``(1) In general.--The Federal Election Commission shall
conduct a program to inform and educate the public regarding
the purposes of the Presidential Election Campaign Fund, the
procedures for the designation of payments under this section,
and the effect of such a designation on the income tax
liability of taxpayers.
``(2) Use of funds for program.--Amounts in the
Presidential Election Campaign Fund shall be made available to
the Federal Election Commission to carry out the program under
this subsection.''.
(e) Effective Date.--The amendments made by this section shall take
effect January 1, 2018.
SEC. 4003. DONATION TO PRESIDENTIAL ELECTION CAMPAIGN FUND.
(a) General Rule.--Every taxpayer who makes a return of the tax
imposed by subtitle A of the Internal Revenue Code of 1986 for any
taxable year ending after December 31, 2017, may donate an amount (not
less than $1), in addition to any designation of income tax liability
under section 6096 of such Code for such taxable year, which shall be
deposited in the general fund of the Treasury.
(b) Manner and Time of Designation.--Any donation under subsection
(a) for any taxable year--
(1) shall be made at the time of filing the return of the
tax imposed by subtitle A of such Code for such taxable year
and in such manner as the Secretary may by regulation
prescribe, except that--
(A) the designation for such donation shall be
either on the first page of the return or on the page
bearing the taxpayer's signature, and
(B) the designation shall be by a box added to the
return, and the text beside the box shall provide:
``By checking here, I signify that in
addition to my tax liability (if any), I would
like to donate the included payment to be used
exclusively as a contribution to the
Presidential Election Campaign Fund.'', and
(2) shall be accompanied by a payment of the amount so
designated.
(c) Transfers to Presidential Election Campaign Fund.--The
Secretary shall, from time to time, transfer to the Presidential
Election Campaign Fund established under section 9006(a) of such Code
amounts equal to the amounts donated under this section.
TITLE V--OTHER CAMPAIGN FINANCE REFORMS
SEC. 5001. REGULATIONS WITH RESPECT TO BEST EFFORTS FOR IDENTIFYING
PERSONS MAKING CONTRIBUTIONS.
Not later than 6 months after the date of enactment of this Act,
the Federal Election Commission shall promulgate regulations with
respect to what constitutes best efforts under section 302(i) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30102(i)) for
determining the identification of persons making contributions to
political committees, including the identifications of persons making
contributions over the Internet or by credit card. Such regulations
shall include a requirement that in the case of contributions made by a
credit card, the political committee shall ensure that the name on the
credit card used to make the contribution matches the name of the
person making the contribution.
SEC. 5002. RULES RELATING TO JOINT FUNDRAISING COMMITTEES.
(a) Prohibition on Joint Fundraising Committees for Candidates.--
(1) In general.--Section 302(e) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30102(e)) is amended by adding
at the end the following new paragraph:
``(6) No authorized committee of a candidate may establish,
participate in, or have any involvement with any joint fundraising
committee.''.
(2) Conforming amendment.--Section 302(e)(3)(A) of such Act
(52 U.S.C. 30102(e)(3)) is amended--
(A) by striking ``except that'' and all that
follows through ``the candidate'' and inserting
``except that the candidate'',
(B) by striking ``; and'' and inserting a period,
and
(C) by striking clause (ii).
(b) Limitation on Joint Fundraising Committees for Party
Committees.--Section 302 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30102) is amended by adding at the end the following new
subsection:
``(j) Participation of Party Committees in Joint Fundraising
Committees.--No committee of a political party may establish,
participate in, or have any involvement with any joint fundraising
committee other than a joint fundraising committee that consists of the
national committee of a political party and one other committee of the
political party.''.
(c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2018.
SEC. 5003. DISCLOSURE OF BUNDLED CONTRIBUTIONS TO PRESIDENTIAL
CAMPAIGNS; INCREASE IN THRESHOLD FOR BUNDLED
CONTRIBUTIONS BY LOBBYISTS.
(a) In General.--Paragraphs (1) through (3) of section 304(i) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(i)) are
amended to read as follows:
``(1) In general.--
``(A) Disclosure of bundled contributions by
lobbyists.--Each committee described in paragraph (6)
shall include in the first report required to be filed
under this section after each covered period (as
defined in paragraph (2)) a separate schedule setting
forth the name, address, and employer of each person
reasonably known by the committee to be a person
described in paragraph (7) who provided two or more
bundled contributions to the committee in an aggregate
amount greater than the applicable threshold (as
defined in paragraph (3)) during the covered period,
and the aggregate amount of the bundled contributions
provided by each such person during the covered period.
``(B) Disclosure of bundled contributions to
presidential campaigns.--Each committee which is an
authorized committee of a candidate for the office of
President or for nomination to such office shall
include in the first report required to be filed under
this section after each covered period (as defined in
paragraph (2)) a separate schedule setting forth the
name, address, and employer of each person who provided
two or more bundled contributions to the committee in
an aggregate amount greater than the applicable
threshold (as defined in paragraph (3)) during the
election cycle, and the aggregate amount of the bundled
contributions provided by each such person during the
covered period and such election cycle. Such schedule
shall include a separate listing of the name, address,
and employer of each person included on such schedule
who is reasonably known by the committee to be a person
described in paragraph (7), together with the aggregate
amount of bundled contributions provided by such person
during such period and such cycle.
``(2) Covered period.--In this subsection, a `covered
period' means--
``(A) with respect to a committee which is an
authorized committee of a candidate for the office of
President or for nomination to such office--
``(i) the 4-year election cycle ending with
the date of the election for the office of the
President; and
``(ii) any reporting period applicable to
the committee under this section during which
any person provided two or more bundled
contributions to the committee; and
``(B) with respect to any other committee--
``(i) the period beginning January 1 and
ending June 30 of each year;
``(ii) the period beginning July 1 and
ending December 31 of each year; and
``(iii) any reporting period applicable to
the committee under this section during which
any person described in paragraph (7) provided
two or more bundled contributions to the
committee in an aggregate amount greater than
the applicable threshold.
``(3) Applicable threshold.--
``(A) In general.--In this subsection, the
`applicable threshold' is--
``(i) $50,000 in the case of a committee
which is an authorized committee of a candidate
for the office of President or for nomination
to such office; and
``(ii) $25,000 in the case of any other
committee.
In determining whether the amount of bundled
contributions provided to a committee by a person
exceeds the applicable threshold, there shall be
excluded any contribution made to the committee by the
person or the person's spouse.
``(B) Indexing.--In any calendar year after 2018,
section 315(c)(1)(B) shall apply to each amount
applicable under subparagraph (A) in the same manner as
such section applies to the limitations established
under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h)
of such section, except that for purposes of applying
such section to the amount applicable under
subparagraph (A), the `base period' shall be 2017.
``(C) Aggregation of contributions from cosponsors
of fundraising event.--For purposes of determining the
amount of bundled contributions provided by a person to
a committee which were received by the person at a
fundraising event sponsored by the person, or in
response to an invitation to attend a fundraising event
sponsored by the person, each person who is a sponsor
of the event shall be considered to have provided to
the committee the aggregate amount of all bundled
contributions which were provided to the committee by
all sponsors of the event.''.
(b) Conforming Amendments.--Section 304(i) of such Act (52 U.S.C.
30104(i)) is amended--
(1) in paragraph (5), by striking ``described in paragraph
(7)'' each place it appears in subparagraphs (C) and (D);
(2) in paragraph (6), by inserting ``(other than a
candidate for the office of President or for nomination to such
office)'' after ``candidate''; and
(3) in paragraph (8)(A)--
(A) by striking ``, with respect to a committee
described in paragraph (6) and a person described in
paragraph (7),'' and inserting ``, with respect to a
committee described in paragraph (6) or an authorized
committee of a candidate for the office of President or
for nomination to such office,'';
(B) by striking ``by the person'' in clause (i)
thereof and inserting ``by any person''; and
(C) by striking ``the person'' each place it
appears in clause (ii) and inserting ``such person''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to reports filed under section 304 of the Federal
Election Campaign Act of 1971 after January 1, 2018.
SEC. 5004. REPEAL OF SPECIAL CONTRIBUTION LIMITS FOR CONTRIBUTIONS TO
NATIONAL PARTIES FOR CERTAIN PURPOSES.
(a) In General.--Section 315(a) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(a)), as amended by section 2101(b) of
Division N of the Consolidated and Further Continuing Appropriations
Act, 2015 (Public Law 113-235; 128 Stat. 2773), is amended--
(1) in paragraph (1)(B), by striking ``, or, in the case of
contributions made to any of the accounts described in
paragraph (9), exceed 300 percent of the amount otherwise
applicable under this subparagraph with respect to such
calendar year'',
(2) in paragraph (2)(B), by striking ``, or, in the case of
contributions made to any of the accounts described in
paragraph (9), exceed 300 percent of the amount otherwise
applicable under this subparagraph with respect to such
calendar year'', and
(3) by striking paragraph (9).
(b) Conforming Amendment.--Section 315(d) of such Act (52 U.S.C.
30116(d)), as amended by section 3002, is amended by striking paragraph
(5).
(c) Effective Date.--The amendments made by this section shall
apply to contributions made after the date of the enactment of this
Act.
(d) Return of Previously Contributed Amounts.--Not later than 90
days after the date of the enactment of this Act, each political
committee established and maintained by a political party shall
distribute all amounts in accounts described in section 315(a)(9) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(9)) to
individuals who made contributions to such accounts. The amount
distributed to any contributor form any account shall bear the same
ratio to the amount of contributions made by such contributor to such
account as the balance of such account on the date of the enactment of
this Act bears to the total amount of contributions made to such
account.
SEC. 5005. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS.
(a) In General.--Title IV of the Federal Election Campaign Act of
1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section
406 the following new section:
``SEC. 407. JUDICIAL REVIEW.
``(a) In General.--Notwithstanding section 373(f), if any action is
brought for declaratory or injunctive relief to challenge the
constitutionality of any provision of this Act or of chapter 95 or 96
of the Internal Revenue Code of 1986, or is brought to with respect to
any action of the Commission under chapter 95 or 96 of the Internal
Revenue Code of 1986, the following rules shall apply:
``(1) The action shall be filed in the United States
District Court for the District of Columbia and an appeal from
the decision of the district court may be taken to the Court of
Appeals for the District of Columbia Circuit.
``(2) In the case of an action relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision--
``(A) a copy of the complaint shall be delivered
promptly to the Clerk of the House of Representatives
and the Secretary of the Senate; and
``(B) it shall be the duty of the United States
District Court for the District of Columbia, the Court
of Appeals for the District of Columbia, and the
Supreme Court of the United States to advance on the
docket and to expedite to the greatest possible extent
the disposition of the action and appeal.
``(b) Intervention by Members of Congress.--In any action in which
the constitutionality of any provision of this Act or chapter 95 or 96
of the Internal Revenue Code of 1986 is raised, any member of the House
of Representatives (including a Delegate or Resident Commissioner to
the Congress) or Senate shall have the right to intervene either in
support of or opposition to the position of a party to the case
regarding the constitutionality of the provision. To avoid duplication
of efforts and reduce the burdens placed on the parties to the action,
the court in any such action may make such orders as it considers
necessary, including orders to require interveners taking similar
positions to file joint papers or to be represented by a single
attorney at oral argument.
``(c) Challenge by Members of Congress.--Any Member of Congress may
bring an action, subject to the special rules described in subsection
(a), for declaratory or injunctive relief to challenge the
constitutionality of any provision of this Act or chapter 95 or 96 of
the Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--
(1) In general.--
(A) Section 9011 of the Internal Revenue Code of
1986 is amended to read as follows:
``SEC. 9011. JUDICIAL REVIEW.
``For provisions relating to judicial review of certifications,
determinations, and actions by the Commission under this chapter, see
section 407 of the Federal Election Campaign Act of 1971.''.
(B) Section 9041 of the Internal Revenue Code of
1986 is amended to read as follows:
``SEC. 9041. JUDICIAL REVIEW.
``For provisions relating to judicial review of actions by the
Commission under this chapter, see section 407 of the Federal Election
Campaign Act of 1971.''.
(C) Section 403 of the Bipartisan Campaign Finance
Reform Act of 2002 (52 U.S.C. 30110 note) is repealed.
(c) Effective Date.--The amendments made by this section shall
apply to actions brought on or after January 1, 2018.
SEC. 5006. TREATMENT OF INTERNET COMMUNICATIONS MADE BY POLITICAL
COMMITTEES AS PUBLIC COMMUNICATIONS.
Paragraph (22) of section 301 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30101(22)) is amended by adding at the end the
following new sentence: ``Such term shall include communications to the
general public made over the Internet by a political committee.''.
SEC. 5007. APPLICATION OF LIMITATIONS ON CONTRIBUTIONS TO POLITICAL
COMMITTEES MAKING ONLY INDEPENDENT EXPENDITURES.
Section 315(a)(1) of the Federal Election Campaign Act of 1974 (52
U.S.C. 30116(a)(1)) is amended by striking subparagraph (C) and
inserting the following:
``(C) to any other political committee (other than
a committee described in subparagraph (D)), including
to a political committee (or to an account of a
political committee) that makes only independent
expenditures, in any calendar year which, in the
aggregate, exceed $5,000; or''.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 6001. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this and amendments
made by this Act, and the application of the provisions and amendment
to any person or circumstance, shall not be affected by the holding.
SEC. 6002. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by
this Act shall apply with respect to elections occurring after January
1, 2018.
<all>
Introduced in Senate
Read twice and referred to the Committee on Rules and Administration.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line