[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1880 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
1st Session
S. 1880
To reform our government, reduce the grip of special interest, and
return our democracy to the American people by increasing transparency
and oversight of our elections and government, reforming public
financing for Presidential and Congressional elections, and requiring
States to conduct Congressional redistricting through independent
commissions, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 27, 2017
Mr. Udall (for himself, Mr. Merkley, Mr. Durbin, Mr. Leahy, Ms.
Baldwin, Mrs. Gillibrand, Ms. Hirono, Mr. King, Ms. Klobuchar, Mr.
Markey, Mr. Van Hollen, Mr. Franken, Mr. Wyden, Ms. Warren, and Mr.
Whitehouse) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To reform our government, reduce the grip of special interest, and
return our democracy to the American people by increasing transparency
and oversight of our elections and government, reforming public
financing for Presidential and Congressional elections, and requiring
States to conduct Congressional redistricting through independent
commissions, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; ETC.
(a) In General.--This Act may be cited as the ``We the People
Democracy Reform Act of 2017''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; etc.
TITLE I--INCREASING TRANSPARENCY, REMOVING CONFLICTS OF INTEREST, AND
RESTORING ENFORCEMENT
Subtitle A--Campaign Disclosure and Transparency Reform
Part I--Disclosure
subpart a--regulation of certain political spending
Sec. 1001. Short title.
Sec. 1002. Application of ban on contributions and expenditures by
foreign nationals to domestic corporations
that are foreign-controlled, foreign-
influenced, and foreign-owned.
Sec. 1003. Clarification of application of foreign money ban to certain
disbursements and activities.
subpart b--campaign disbursement reporting
Sec. 1011. Campaign disbursement reporting.
Sec. 1012. Effective date.
Part II--Candidate-Super PAC Coordination
Sec. 1021. Short title.
Sec. 1022. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Sec. 1023. Clarification of ban on fundraising for Super PACs by
Federal candidates and officeholders.
Part III--Real-Time Transparency
Sec. 1031. Short title.
Sec. 1032. 48-hour notification required for all political committees
receiving cumulative contributions of
$1,000 or more during a year from any
contributor.
Sec. 1033. Filing by Senate candidates with Federal Election
Commission.
Part IV--Stand By Your Ad
Sec. 1041. Stand By Your Ad.
Part V--Other Campaign Finance Reforms
Sec. 1051. Regulations with respect to best efforts for identifying
persons making contributions.
Sec. 1052. Rules relating to joint fundraising committees.
Sec. 1053. Disclosure of bundled contributions to Presidential
campaigns; increase in threshold for
bundled contributions by lobbyists.
Sec. 1054. Judicial review of actions related to campaign finance laws.
Sec. 1055. Treatment of internet communications made by political
committees as public communications.
Sec. 1056. Application of limitations on contributions to political
committees.
Subtitle B--Establishment of Federal Election Administration
Sec. 1101. Short title.
Part I--Federal Election Administration
Sec. 1111. Establishment of the Federal Election Administration.
Sec. 1112. Executive Schedule positions.
Sec. 1113. GAO examination of enforcement of campaign finance laws by
the Department of Justice.
Sec. 1114. GAO study and report on appropriate funding levels.
Sec. 1115. Conforming amendments.
Part II--Transition Provisions
Sec. 1121. Transfer of functions of Federal Election Commission.
Sec. 1122. Transfer of property, records, and personnel.
Sec. 1123. Repeals.
Sec. 1124. Conforming amendments.
Sec. 1125. Treatment of certain regulations.
Sec. 1126. Effective date.
Subtitle C--Lobbying Reform
Sec. 1201. Lobbyist registration reforms.
Subtitle D--Revolving Door Reform
Sec. 1301. Short title.
Sec. 1302. Restrictions on private sector payment for Government
service.
Sec. 1303. Requirements relating to slowing the revolving door among
financial services regulators.
Sec. 1304. Prohibition of procurement officers accepting employment
from Government contractors.
Sec. 1305. Revolving door restrictions on financial services regulators
moving into the private sector.
Sec. 1306. Restrictions on Federal examiners and supervisors of
financial institutions.
Subtitle E--Addressing Conflicts of Interest
Sec. 1401. Short title.
Sec. 1402. Divestiture of personal financial interests of the President
and Vice President that pose a potential
conflict of interest.
Sec. 1403. Recusal of appointees.
Sec. 1404. Contracts by the President or Vice President.
Sec. 1405. Presidential Tax Transparency.
Sec. 1406. Sense of Congress regarding violations.
Sec. 1407. Rule of construction.
Subtitle F--Public Access to Visitor Logs
Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Improving access to influential visitor access records.
Subtitle G--Requiring Individuals Nominated or Appointed to Certain
Positions To Disclose Certain Types of Contributions
Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Disclosure of certain types of contributions.
TITLE II--PUBLIC FINANCING
Subtitle A--Reforming Presidential Election Financing
Part I--Primary Elections
Sec. 2001. Increase in and modifications to matching payments.
Sec. 2002. Eligibility requirements for matching payments.
Sec. 2003. Repeal of expenditure limitations.
Sec. 2004. Period of availability of matching payments.
Sec. 2005. Examination and audits of matchable contributions.
Sec. 2006. Modification to limitation on contributions for Presidential
primary candidates.
Part II--General Elections
Sec. 2011. Modification of eligibility requirements for public
financing.
Sec. 2012. Repeal of expenditure limitations and use of qualified
campaign contributions.
Sec. 2013. Matching payments and other modifications to payment
amounts.
Sec. 2014. Increase in limit on coordinated party expenditures.
Sec. 2015. Establishment of uniform date for release of payments.
Sec. 2016. Amounts in Presidential Election Campaign Fund.
Sec. 2017. Use of general election payments for general election legal
and accounting compliance.
Subtitle B--Reforming Senate Election Financing
Part I--Fair Elections Financing of Senate Election Campaigns
subpart a--fair elections financing program
Sec. 2101. Findings and declarations.
Sec. 2102. Eligibility requirements and benefits of Fair Elections
financing of Senate election campaigns.
Sec. 2103. Exception to limitation on coordinated expenditures by
political party committees with
participating candidates.
subpart b--improving voter information
Sec. 2111. Broadcasts relating to all Senate candidates.
Sec. 2112. Broadcast rates for participating candidates.
Sec. 2113. FCC to prescribe standardized form for reporting candidate
campaign ads.
Part II--Responsibilities of the Federal Election Commission
Sec. 2121. Petition for certiorari.
Sec. 2122. Electronic filing of FEC reports.
Part III--Participation in Funding of Elections
Sec. 2131. Refundable tax credit for Senate campaign contributions.
Part IV--Revenue Provisions
Sec. 2141. Fair Elections Fund revenue.
Part V--Effective Date
Sec. 2151. Effective date.
TITLE III--REDISTRICTING
Sec. 3001. Short title.
Sec. 3002. Finding of Constitutional authority.
Subtitle A--Requirements for Congressional Redistricting
Sec. 3101. Limit on Congressional redistricting after an apportionment.
Sec. 3102. Requiring Congressional redistricting to be conducted
through plan of independent State
commission.
Subtitle B--Independent Redistricting Commissions
Sec. 3201. Independent redistricting commission.
Sec. 3202. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 3203. Criteria for redistricting plan by independent commission;
public notice and input.
Sec. 3204. Establishment of related entities.
Subtitle C--Role of Courts in Development of Redistricting Plans
Sec. 3301. Enactment of plan developed by 3-judge court.
Sec. 3302. Special rule for redistricting conducted under order of
Federal court.
Subtitle D--Administrative and Miscellaneous Provisions
Sec. 3401. Payments to States for carrying out redistricting.
Sec. 3402. Civil enforcement.
Sec. 3403. State apportionment notice defined.
Sec. 3404. No effect on elections for State and local office.
Sec. 3405. Effective date.
TITLE IV--VOTER REGISTRATION
Subtitle A--Automatic Voter Registration
Sec. 4001. Short title; findings and purpose.
Sec. 4002. Automatic registration of eligible individuals.
Sec. 4003. Contributing agency assistance in registration.
Sec. 4004. One-time contributing agency assistance in registration of
eligible voters in existing records.
Sec. 4005. Voter protection and security in automatic registration.
Sec. 4006. Registration portability and correction.
Sec. 4007. Online registration.
Sec. 4008. Payments and grants.
Sec. 4009. Miscellaneous provisions.
Sec. 4010. Definitions.
Sec. 4011. Effective date.
Subtitle B--Same Day Registration
Sec. 4101. Short title.
Sec. 4102. Same day registration.
Subtitle C--Vote by Mail
Sec. 4201. Promoting ability of voters to vote by mail in Federal
elections.
TITLE V--SEVERABILITY
Sec. 5001. Severability.
TITLE I--INCREASING TRANSPARENCY, REMOVING CONFLICTS OF INTEREST, AND
RESTORING ENFORCEMENT
Subtitle A--Campaign Disclosure and Transparency Reform
PART I--DISCLOSURE
Subpart A--Regulation of Certain Political Spending
SEC. 1001. SHORT TITLE.
This part may be cited as the ``Democracy Is Strengthened by
Casting Light On Spending in Elections Act of 2017'' or the ``DISCLOSE
Act of 2017''.
SEC. 1002. APPLICATION OF BAN ON CONTRIBUTIONS AND EXPENDITURES BY
FOREIGN NATIONALS TO DOMESTIC CORPORATIONS THAT ARE
FOREIGN-CONTROLLED, FOREIGN-INFLUENCED, AND FOREIGN-
OWNED.
(a) Application of Ban.--Section 319(b) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(b)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) any corporation which is not a foreign national
described in paragraph (1) and--
``(A) in which a foreign national described in
paragraph (1) or (2) directly or indirectly owns or
controls--
``(i) 5 percent or more of the voting
shares, if the foreign national is a foreign
country, a foreign government official, or a
corporation principally owned or controlled by
a foreign country or foreign government
official; or
``(ii) 20 percent or more of the voting
shares, if the foreign national is not
described in clause (i);
``(B) in which two or more foreign nationals
described in paragraph (1) or (2), each of whom owns or
controls at least 5 percent of the voting shares,
directly or indirectly own or control 50 percent or
more of the voting shares;
``(C) over which one or more foreign nationals
described in paragraph (1) or (2) has the power to
direct, dictate, or control the decisionmaking process
of the corporation with respect to its interests in the
United States; or
``(D) over which one or more foreign nationals
described in paragraph (1) or (2) has the power to
direct, dictate, or control the decisionmaking process
of the corporation with respect to activities in
connection with a Federal, State, or local election,
including--
``(i) the making of a contribution,
donation, expenditure, independent expenditure,
or disbursement for an electioneering
communication (within the meaning of section
304(f)(3)); or
``(ii) the administration of a political
committee established or maintained by the
corporation.''.
(b) Certification of Compliance.--Section 319 of such Act (52
U.S.C. 30121) is amended by adding at the end the following new
subsection:
``(c) Certification of Compliance Required Prior to Carrying Out
Activity.--Prior to the making in connection with an election for
Federal office of any contribution, donation, expenditure, independent
expenditure, or disbursement for an electioneering communication by a
corporation during a year, the chief executive officer of the
corporation (or, if the corporation does not have a chief executive
officer, the highest ranking official of the corporation), shall file a
certification with the Commission, under penalty of perjury, that the
corporation is not prohibited from carrying out such activity under
subsection (b)(3), unless the chief executive officer has previously
filed such a certification during that calendar year.''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 180-day period which begins on the
date of the enactment of this Act, and shall take effect without regard
to whether or not the Federal Election Commission has promulgated
regulations to carry out such amendments.
SEC. 1003. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN
DISBURSEMENTS AND ACTIVITIES.
(a) Application to Disbursements to Super PACs.--Section
319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121(a)(1)(A)) is amended by striking the semicolon and inserting the
following: ``, including any disbursement to a political committee
which accepts donations or contributions that do not comply with the
limitations, prohibitions, and reporting requirements of this Act (or
any disbursement to or on behalf of any account of a political
committee which is established for the purpose of accepting such
donations or contributions);''.
(b) Conditions Under Which Corporate PACs May Make Contributions
and Expenditures.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is
amended by adding at the end the following new paragraph:
``(8) A separate segregated fund established by a corporation may
not make a contribution or expenditure during a year unless the fund
has certified to the Commission the following during the year:
``(A) Each individual who manages the fund, and who is
responsible for exercising decisionmaking authority for the
fund, is a citizen of the United States or is lawfully admitted
for permanent residence in the United States.
``(B) No foreign national under section 319 participates in
any way in the decisionmaking processes of the fund with regard
to contributions or expenditures under this Act.
``(C) The fund does not solicit or accept recommendations
from any foreign national under section 319 with respect to the
contributions or expenditures made by the fund.
``(D) Any member of the board of directors of the
corporation who is a foreign national under section 319
abstains from voting on matters concerning the fund or its
activities.''.
Subpart B--Campaign Disbursement Reporting
SEC. 1011. CAMPAIGN DISBURSEMENT REPORTING.
(a) Information Required To Be Reported.--
(1) Treatment of functional equivalent of express advocacy
as independent expenditure.--Subparagraph (A) of section
301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101(17)) is amended to read as follows:
``(A) that expressly advocates the election or
defeat of a clearly identified candidate, or is the
functional equivalent of express advocacy because, when
taken as a whole, it can be interpreted by a reasonable
person only as advocating the election or defeat of a
candidate, taking into account whether the
communication involved mentions a candidacy, a
political party, or a challenger to a candidate, or
takes a position on a candidate's character,
qualifications, or fitness for office; and''.
(2) Expansion of period during which communications are
treated as electioneering communications.--Section
304(f)(3)(A)(i) of such Act (52 U.S.C. 30104(f)(3)(A)(i)) is
amended--
(A) by redesignating subclause (III) as subclause
(IV); and
(B) by striking subclause (II) and inserting the
following:
``(II) in the case of a
communication which refers to a
candidate for an office other than the
President or Vice President, is made
during the period beginning on January
1 of the calendar year in which a
general or runoff election is held and
ending on the date of the general or
runoff election (or in the case of a
special election, during the period
beginning on the date on which the
announcement with respect to such
election is made and ending on the date
of the special election);
``(III) in the case of a
communication which refers to a
candidate for the office of President
or Vice President, is made in any State
during the period beginning 120 days
before the first primary election,
caucus, or preference election held for
the selection of delegates to a
national nominating convention of a
political party is held in any State
(or, if no such election or caucus is
held in any State, the first convention
or caucus of a political party which
has the authority to nominate a
candidate for the office of President
or Vice President) and ending on the
date of the general election; and''.
(3) Effective date; transition for electioneering
communications made prior to enactment.--The amendment made by
paragraph (2) shall apply with respect to communications made
on or after January 1, 2018, except that no communication which
is made prior to such date shall be treated as an
electioneering communication under subclause (II) or (III) of
section 304(f)(3)(A)(i) of the Federal Election Campaign Act of
1971 (as amended by paragraph (2)) unless the communication
would be treated as an electioneering communication under such
section if the amendment made by paragraph (2) did not apply.
(b) Disclosure Requirements for Corporations, Labor Organizations,
and Certain Other Entities.--
(1) In general.--Section 324 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as
follows:
``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED
ORGANIZATIONS.
``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000 in
an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed
under this subsection, for the period beginning on the
first day of the election reporting cycle and ending on
the first such disclosure date; and
``(B) in the case of any subsequent statement filed
under this subsection, for the period beginning on the
previous disclosure date and ending on such disclosure
date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and,
in the case of a covered organization that is a
corporation (other than a business concern that is an
issuer of a class of securities registered under
section 12 of the Securities Exchange Act of 1934 (15
U.S.C. 78l) or that is required to file reports under
section 15(d) of that Act (15 U.S.C. 78o(d))) or an
entity described in subsection (e)(2), a list of the
beneficial owners (as defined in paragraph (4)(A)) of
the entity that--
``(i) identifies each beneficial owner by
name and current residential or business street
address; and
``(ii) if any beneficial owner exercises
control over the entity through another legal
entity, such as a corporation, partnership,
limited liability company, or trust, identifies
each such other legal entity and each such
beneficial owner who will use that other entity
to exercise control over the entity.
``(B) The amount of each campaign-related
disbursement made by such organization during the
period covered by the statement of more than $1,000,
and the name and address of the person to whom the
disbursement was made.
``(C) In the case of a campaign-related
disbursement that is not a covered transfer, the
election to which the campaign-related disbursement
pertains and if the disbursement is made for a public
communication, the name of any candidate identified in
such communication and whether such communication is in
support of or in opposition to a candidate.
``(D) A certification by the chief executive
officer or person who is the head of the covered
organization that the campaign-related disbursement is
not made in cooperation, consultation, or concert with
or at the request or suggestion of a candidate,
authorized committee, or agent of a candidate,
political party, or agent of a political party.
``(E) If the covered organization makes campaign-
related disbursements using exclusively funds in a
segregated bank account consisting of funds that were
paid directly to such account by persons other than the
covered organization that controls the account, for
each such payment to the account--
``(i) the name and address of each person
who made such payment during the period covered
by the statement;
``(ii) the date and amount of such payment;
and
``(iii) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle and ending on the disclosure
date,
but only if such payment was made by a person who made
payments to the account in an aggregate amount of
$10,000 or more during the period beginning on the
first day of the election reporting cycle and ending on
the disclosure date.
``(F) If the covered organization makes campaign-
related disbursements using funds other than funds in a
segregated bank account described in subparagraph (E),
for each payment to the covered organization--
``(i) the name and address of each person
who made such payment during the period covered
by the statement;
``(ii) the date and amount of such payment;
and
``(iii) the aggregate amount of all such
payments made by the person during the period
beginning on the first day of the election
reporting cycle and ending on the disclosure
date,
but only if such payment was made by a person who made
payments to the covered organization in an aggregate
amount of $10,000 or more during the period beginning
on the first day of the election reporting cycle and
ending on the disclosure date.
``(G) Such other information as required in rules
established by the Commission to promote the purposes
of this section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of
business.--The requirement to include in a statement
filed under paragraph (1) the information described in
paragraph (2) shall not apply to amounts received by
the covered organization in commercial transactions in
the ordinary course of any trade or business conducted
by the covered organization or in the form of
investments (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization.
``(B) Donor restriction on use of funds.--The
requirement to include in a statement submitted under
paragraph (1) the information described in subparagraph
(F) of paragraph (2) shall not apply if--
``(i) the person described in such
subparagraph prohibited, in writing, the use of
the payment made by such person for campaign-
related disbursements; and
``(ii) the covered organization agreed to
follow the prohibition and deposited the
payment in an account which is segregated from
any account used to make campaign-related
disbursements.
``(C) Amounts received from affiliates.--The
requirement to include in a statement submitted under
paragraph (1) the information described in subparagraph
(F) of paragraph (2) shall not apply to any amount
which is described in subsection (f)(3)(A)(i).
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in
clause (ii), the term `beneficial owner' means,
with respect to any entity, a natural person
who, directly or indirectly--
``(I) exercises substantial control
over an entity through ownership,
voting rights, agreement, or otherwise;
or
``(II) has a substantial interest
in or receives substantial economic
benefits from the assets of an entity.
``(ii) Exceptions.--The term `beneficial
owner' shall not include--
``(I) a minor child;
``(II) a person acting as a
nominee, intermediary, custodian, or
agent on behalf of another person;
``(III) a person acting solely as
an employee of an entity and whose
control over or economic benefits from
the entity derives solely from the
employment status of the person;
``(IV) a person whose only interest
in an entity is through a right of
inheritance, unless the person also
meets the requirements of clause (i);
or
``(V) a creditor of an entity,
unless the creditor also meets the
requirements of clause (i).
``(iii) Anti-abuse rule.--The exceptions
under clause (ii) shall not apply if used for
the purpose of evading, circumventing, or
abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Disclosure date.--The term `disclosure date'
means--
``(i) the first date during any election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000; and
``(ii) any other date during such election
reporting cycle by which a person has made
campaign-related disbursements aggregating more
than $10,000 since the most recent disclosure
date for such election reporting cycle.
``(C) Election reporting cycle.--The term `election
reporting cycle' means the 2-year period beginning on
the date of the most recent general election for
Federal office.
``(D) Payment.--The term `payment' includes any
contribution, donation, transfer, payment of dues, or
other payment.
``(b) Coordination With Other Provisions.--
``(1) Other reports filed with the commission.--Information
included in a statement filed under this section may be
excluded from statements and reports filed under section 304.
``(2) Treatment as separate segregated fund.--A segregated
bank account referred to in subsection (a)(2)(E) may be treated
as a separate segregated fund for purposes of section 527(f)(3)
of the Internal Revenue Code of 1986.
``(c) Filing.--Statements required to be filed under subsection (a)
shall be subject to the requirements of section 304(d) to the same
extent and in the same manner as if such reports had been required
under subsection (c) or (g) of section 304.
``(d) Campaign-Related Disbursement Defined.--
``(1) In general.--In this section, the term `campaign-
related disbursement' means a disbursement by a covered
organization for any of the following:
``(A) An independent expenditure consisting of a
public communication.
``(B) An electioneering communication, as defined
in section 304(f)(3).
``(C) A covered transfer.
``(2) Intent not required.--A disbursement for an item
described in subparagraph (A), (B), or (C) of paragraph (1)
shall be treated as a campaign-related disbursement regardless
of the intent of the person making the disbursement.
``(e) Covered Organization Defined.--In this section, the term
`covered organization' means any of the following:
``(1) A corporation (other than an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) A limited liability corporation that is not otherwise
treated as a corporation for purposes of this Act (other than
an organization described in section 501(c)(3) of the Internal
Revenue Code of 1986).
``(3) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such Code
(other than an organization described in section 501(c)(3) of
such Code).
``(4) A labor organization (as defined in section 316(b)).
``(5) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political committee
under this Act (except as provided in paragraph (6)).
``(6) A political committee with an account that accepts
donations or contributions that do not comply with the
contribution limits or source prohibitions under this Act, but
only with respect to such accounts.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the
amounts be used for--
``(i) campaign-related disbursements (other
than covered transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(B) made such transfer or payment in response to
a solicitation or other request for a donation or
payment for--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(C) engaged in discussions with the recipient of
the transfer or payment regarding--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) donating or transferring any amount
of such transfer or payment to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(D) made campaign-related disbursements (other
than a covered transfer) in an aggregate amount of
$50,000 or more during the 2-year period ending on the
date of the transfer or payment, or knew or had reason
to know that the person receiving the transfer or
payment made such disbursements in such an aggregate
amount during that 2-year period; or
``(E) knew or had reason to know that the person
receiving the transfer or payment would make campaign-
related disbursements in an aggregate amount of $50,000
or more during the 2-year period beginning on the date
of the transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) A disbursement made by a covered organization
in a commercial transaction in the ordinary course of
any trade or business conducted by the covered
organization or in the form of investments made by the
covered organization.
``(B) A disbursement made by a covered organization
if--
``(i) the covered organization prohibited,
in writing, the use of such disbursement for
campaign-related disbursements; and
``(ii) the recipient of the disbursement
agreed to follow the prohibition and deposited
the disbursement in an account which is
segregated from any account used to make
campaign-related disbursements.
``(3) Exception for certain transfers among affiliates.--
``(A) Exception for certain transfers among
affiliates.--
``(i) In general.--The term `covered
transfer' does not include an amount
transferred by one covered organization to
another covered organization if such transfer--
``(I) is not made directly into a
separate segregated bank account
described in subsection (a)(2)(E); and
``(II) is treated as a transfer
between affiliates under subparagraph
(B).
``(ii) Special rule.--If the aggregate
amount of transfers described in clause (i)
exceeds $50,000 in any election reporting
cycle--
``(I) the covered organization
which makes such transfers shall
provide to the covered organization
receiving such transfers the
information required under subsection
(a)(2)(F) (applied by substituting `the
period beginning on the first day of
the election reporting cycle and ending
on the date of the most recent transfer
described in subsection (f)(3)(A)(i)'
for `the period covered by the
statement' in clause (i) thereof); and
``(II) the covered organization
receiving such transfers shall report
the information described in subclause
(I) on any statement filed under
subsection (a)(1) as if any
contribution, donation, or transfer to
which such information relates was made
directly to the covered organization
receiving the transfer.
``(B) Description of transfers between
affiliates.--A transfer of amounts from one covered
organization to another covered organization shall be
treated as a transfer between affiliates if--
``(i) one of the organizations is an
affiliate of the other organization; or
``(ii) each of the organizations is an
affiliate of the same organization,
except that the transfer shall not be treated as a
transfer between affiliates if one of the organizations
is established for the purpose of making campaign-
related disbursements.
``(C) Determination of affiliate status.--For
purposes of this paragraph, the following organizations
shall be considered to be affiliated with each other:
``(i) A membership organization, including
a trade or professional association, and the
related State and local entities of that
organization.
``(ii) A national or international labor
organization and its State or local unions, or
an organization of national or international
unions and its State and local entities.
``(iii) A corporation and its wholly owned
subsidiaries.
``(D) Coverage of transfers to affiliated section
501(c)(3) organizations.--This paragraph shall apply
with respect to an amount transferred by a covered
organization to an organization described in paragraph
(3) of section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such
Code in the same manner as this paragraph applies to an
amount transferred by a covered organization to another
covered organization.''.
(2) Conforming amendment.--Section 304(f)(6) of such Act
(52 U.S.C. 30104) is amended by striking ``Any requirement''
and inserting ``Except as provided in section 324(b), any
requirement''.
(3) Coordination with fincen.--
(A) In general.--The Director of the Financial
Crimes Enforcement Network of the Department of the
Treasury shall provide the Federal Election Commission
with such information as necessary to assist in
administering and enforcing section 324 of the Federal
Election Campaign Act of 1971, as added by this
subsection.
(B) Report.--Not later than 6 months after the date
of the enactment of this Act, the Chairman of the
Federal Election Commission, in consultation with the
Director of the Financial Crimes Enforcement Network of
the Department of the Treasury, shall submit to
Congress a report with recommendations for providing
further legislative authority to assist in the
administration and enforcement of such section 324.
SEC. 1012. EFFECTIVE DATE.
Except as provided in section 1011(a)(3), the amendments made by
this title shall apply with respect to disbursements made on or after
January 1, 2018, and shall take effect without regard to whether or not
the Federal Election Commission has promulgated regulations to carry
out such amendments.
PART II--CANDIDATE-SUPER PAC COORDINATION
SEC. 1021. SHORT TITLE.
This part may be cited as the ``Stop Super PAC-Candidate
Coordination Act''.
SEC. 1022. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS
CONTRIBUTIONS TO CANDIDATES.
(a) Treatment as Contribution to Candidate.--Section 301(8)(A) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is
amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iii) any payment made by any person (other than
a candidate, an authorized committee of a candidate, or
a political committee of a political party) for a
coordinated expenditure (as such term is defined in
section 325) which is not otherwise treated as a
contribution under clause (i) or clause (ii).''.
(b) Definitions.--Title III of such Act (52 U.S.C. 30101 et seq.),
as amended by this Act, is amended to by adding at the end the
following new section:
``SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES.
``(a) Coordinated Expenditures.--
``(1) In general.--For purposes of section 301(8)(A)(iii),
the term `coordinated expenditure' means--
``(A) any expenditure, or any payment for a covered
communication described in subsection (d), which is
made in cooperation, consultation, or concert with, or
at the request or suggestion of, a candidate, an
authorized committee of a candidate, a political
committee of a political party, or agents of the
candidate or committee, as defined in subsection (b);
or
``(B) any payment for any communication which
republishes, disseminates, or distributes, in whole or
in part, any video or broadcast or any written,
graphic, or other form of campaign material prepared by
the candidate or committee or by agents of the
candidate or committee (including any excerpt or use of
any video from any such broadcast or written, graphic,
or other form of campaign material).
``(2) Exception for payments for certain communications.--A
payment for a communication (including a covered communication
described in subsection (d)) shall not be treated as a
coordinated expenditure under this subsection if--
``(A) the communication appears in a news story,
commentary, or editorial distributed through the
facilities of any broadcasting station, newspaper,
magazine, or other periodical publication, unless such
facilities are owned or controlled by any political
party, political committee, or candidate; or
``(B) the communication constitutes a candidate
debate or forum conducted pursuant to regulations
adopted by the Commission pursuant to section
304(f)(3)(B)(iii), or which solely promotes such a
debate or forum and is made by or on behalf of the
person sponsoring the debate or forum.
``(b) Coordination Described.--
``(1) In general.--For purposes of this section, a payment
is made `in cooperation, consultation, or concert with, or at
the request or suggestion of,' a candidate, an authorized
committee of a candidate, a political committee of a political
party, or agents of the candidate or committee, if the payment,
or any communication for which the payment is made, is not made
entirely independently of the candidate, committee, or agents.
For purposes of the previous sentence, a payment or
communication not made entirely independently of the candidate
or committee includes any payment or communication made
pursuant to any general or particular understanding with, or
pursuant to any communication with, the candidate, committee,
or agents about the payment or communication.
``(2) No finding of coordination based solely on sharing of
information regarding legislative or policy position.--For
purposes of this section, a payment shall not be considered to
be made by a person in cooperation, consultation, or concert
with, or at the request or suggestion of, a candidate or
committee, solely on the grounds that the person or the
person's agent engaged in discussions with the candidate or
committee, or with any agent of the candidate or committee,
regarding that person's position on a legislative or policy
matter (including urging the candidate or committee to adopt
that person's position), so long as there is no communication
between the person and the candidate or committee, or any agent
of the candidate or committee, regarding the candidate's or
committee's campaign advertising, message, strategy, policy,
polling, allocation of resources, fundraising, or other
campaign activities.
``(3) No effect on party coordination standard.--Nothing in
this section shall be construed to affect the determination of
coordination between a candidate and a political committee of a
political party for purposes of section 315(d).
``(4) No safe harbor for use of firewall.--A person shall
be determined to have made a payment in cooperation,
consultation, or concert with, or at the request or suggestion
of, a candidate or committee, in accordance with this section
without regard to whether or not the person established and
used a firewall or similar procedures to restrict the sharing
of information between individuals who are employed by or who
are serving as agents for the person making the payment.
``(c) Payments by Coordinated Spenders for Covered
Communications.--
``(1) Payments made in cooperation, consultation, or
concert with candidates.--For purposes of subsection (a)(1)(A),
if the person who makes a payment for a covered communication,
as defined in subsection (d), is a coordinated spender under
paragraph (2) with respect to the candidate as described in
subsection (d)(1), the payment for the covered communication is
made in cooperation, consultation, or concert with the
candidate.
``(2) Coordinated spender defined.--For purposes of this
subsection, the term `coordinated spender' means, with respect
to a candidate or an authorized committee of a candidate, a
person (other than a political committee of a political party)
for which any of the following applies:
``(A) During the 4-year period ending on the date
on which the person makes the payment, the person was
directly or indirectly formed or established by or at
the request or suggestion of, or with the encouragement
of, the candidate (including an individual who later
becomes a candidate) or committee or agents of the
candidate or committee, including with the approval of
the candidate or committee or agents of the candidate
or committee.
``(B) The candidate or committee or any agent of
the candidate or committee solicits funds, appears at a
fundraising event, or engages in other fundraising
activity on the person's behalf during the election
cycle involved, including by providing the person with
names of potential donors or other lists to be used by
the person in engaging in fundraising activity,
regardless of whether the person pays fair market value
for the names or lists provided. For purposes of this
subparagraph, the term `election cycle' means, with
respect to an election for Federal office, 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).
``(C) The person is established, directed, or
managed by the candidate or committee or by any person
who, during the 4-year period ending on the date on
which the person makes the payment, has been employed
or retained as a political, campaign media, or
fundraising adviser or consultant for the candidate or
committee or for any other entity directly or
indirectly controlled by the candidate or committee, or
has held a formal position with the candidate or
committee.
``(D) The person has retained the professional
services of any person who, during the 2-year period
ending on the date on which the person makes the
payment, has provided or is providing professional
services relating to the campaign to the candidate or
committee. For purposes of this subparagraph, the term
`professional services' includes any services in
support of the candidate's or committee's campaign
activities, including advertising, message, strategy,
policy, polling, allocation of resources, fundraising,
and campaign operations, but does not include
accounting or legal services.
``(E) The person is established, directed, or
managed by a member of the immediate family of the
candidate, or the person or any officer or agent of the
person has had more than incidental discussions about
the candidate's campaign with a member of the immediate
family of the candidate. For purposes of this
subparagraph, the term `immediate family' has the
meaning given such term in section 9004(e) of the
Internal Revenue Code of 1986.
``(d) Covered Communication Defined.--
``(1) In general.--For purposes of this section, the term
`covered communication' means, with respect to a candidate or
an authorized committee of a candidate, a public communication
(as defined in section 301(22)) which--
``(A) expressly advocates the election of the
candidate or the defeat of an opponent of the candidate
(or contains the functional equivalent of express
advocacy);
``(B) promotes or supports the candidate, or
attacks or opposes an opponent of the candidate
(regardless of whether the communication expressly
advocates the election or defeat of a candidate or
contains the functional equivalent of express
advocacy); or
``(C) refers to the candidate or an opponent of the
candidate but is not described in subparagraph (A) or
subparagraph (B), but only if the communication is
disseminated during the applicable election period.
``(2) Applicable election period.--In paragraph (1)(C), the
`applicable election period' means, with respect to any
candidate, the period beginning 120 days prior to the
candidate's primary or preference election, nominating
convention, or caucus, and ending on the day after the general
election.
``(3) Special rules for communications involving
congressional candidates.--For purposes of this subsection, a
public communication shall not be considered to be a covered
communication with respect to a candidate for election for an
office other than the office of President or Vice President
unless it is publicly disseminated or distributed in the
jurisdiction of the office the candidate is seeking.
``(e) Penalty.--
``(1) Determination of amount.--Any person who knowingly
and willfully commits a violation of this Act by making a
contribution which consists of a payment for a coordinated
expenditure shall be fined an amount equal to the greater of--
``(A) in the case of a person who makes a
contribution which consists of a payment for a
coordinated expenditure in an amount exceeding the
applicable contribution limit under this Act, 300
percent of the amount by which the amount of the
payment made by the person exceeds such applicable
contribution limit; or
``(B) in the case of a person who is prohibited
under this Act from making a contribution in any
amount, 300 percent of the amount of the payment made
by the person for the coordinated expenditure.
``(2) Joint and several liability.--Any director, manager
or officer of a person who is subject to a penalty under
paragraph (1) shall be jointly and severally liable for any
amount of such penalty that is not paid by the person prior to
the expiration of the 1-year period which begins on the date
the Commission imposes the penalty or the 1-year period which
begins on the date of the final judgment following any judicial
review of the Commission's action, whichever is later.''.
(c) Effective Date.--
(1) Repeal of existing regulations on coordination.--
Effective upon the expiration of the 90-day period which begins
on the date of the enactment of this Act--
(A) the regulations on coordinated communications
adopted by the Federal Election Commission which are in
effect on the date of the enactment of this Act (as set
forth in 11 C.F.R. Part 109, Subpart C, under the
heading ``Coordination'') are repealed; and
(B) the Federal Election Commission shall
promulgate new regulations on coordinated
communications which reflect the amendments made by
this part.
(2) Effective date.--The amendments made by this section
shall apply with respect to payments made on or after the
expiration of the 120-day period which begins on the date of
the enactment of this Act, without regard to whether or not the
Federal Election Commission has promulgated regulations in
accordance with paragraph (1)(B) as of the expiration of such
period.
SEC. 1023. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY
FEDERAL CANDIDATES AND OFFICEHOLDERS.
(a) In General.--Section 323(e)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30125(e)(1)) is amended--
(1) by striking ``or'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(C) solicit, receive, direct, or transfer funds
to or on behalf of any political committee which
accepts donations or contributions that do not comply
with the limitations, prohibitions, and reporting
requirements of this Act (or to or on behalf of any
account of a political committee which is established
for the purpose of accepting such donations or
contributions), or to or on behalf of any political
organization under section 527 of the Internal Revenue
Code of 1986 which accepts such donations or
contributions (other than a committee of a State or
local political party or a candidate for election for
State or local office).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring after January 1, 2018.
PART III--REAL-TIME TRANSPARENCY
SEC. 1031. SHORT TITLE.
This part may be cited as the ``Real Time Transparency Act''.
SEC. 1032. 48-HOUR NOTIFICATION REQUIRED FOR ALL POLITICAL COMMITTEES
RECEIVING CUMULATIVE CONTRIBUTIONS OF $1,000 OR MORE
DURING A YEAR FROM ANY CONTRIBUTOR.
(a) Notification.--Section 304(a)(6)(A) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(6)(A)) is amended to read as
follows:
``(A)(i) If a political committee receives an aggregate amount of
contributions equal to or greater than $1,000 from any contributor
during a calendar year, the committee shall submit a notification to
the Commission containing the name of the committee (and, in the case
of an authorized committee of a candidate, the name of the candidate
and the office sought by the candidate), the identification of the
contributor, and the date of receipt and amount of the contributions
involved.
``(ii) If, at any time after a political committee is required to
submit a notification under this subparagraph with respect to a
contributor during a calendar year, the political committee receives
additional contributions from that contributor during that year, the
committee shall submit an additional notification under clause (i) with
respect to such contributor each time the aggregate amount of the
additional contributions received from the contributor during the year
equals or exceeds $1,000 (excluding the amount of any contribution for
which information is required to be included in a previous notification
under this subparagraph).
``(iii) The political committee shall submit the notification
required under this subparagraph with respect to a contributor--
``(I) in the case of a notification described in clause
(i), not later than 48 hours after the date on which the
aggregate amount of contributions received from the contributor
during the calendar year first equals or exceeds $1,000; or
``(II) in the case of an additional notification described
in clause (ii), not later than 48 hours after the date on which
the aggregate amount of contributions received from the
contributor during the calendar year for which information was
not already included in a notification under this subparagraph
first equals or exceeds $1,000.
``(iv) For purposes of this subparagraph, any amount transferred by
a joint fundraising committee which is established by an authorized
committee of a candidate to any other authorized committee of that
candidate shall be treated as a contribution by the joint fundraising
committee to such authorized committee.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contributions received by a political committee
under the Federal Election Campaign Act of 1971 during 2017 or any
succeeding year, except that nothing in such amendment may be construed
to require a political committee which does not receive contributions
during the portion of 2017 which occurs after the date of the enactment
of this Act to meet the requirements of section 304(a)(6)(A) of the
Federal Election Campaign Act of 1971, as amended by subsection (a).
SEC. 1033. FILING BY SENATE CANDIDATES WITH FEDERAL ELECTION
COMMISSION.
(a) Mandatory Filing With FEC.--Section 302(g) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 432(g)) is amended to read as
follows:
``(g) Filing With the Commission.--All designations, statements,
and reports required to be filed under this Act shall be filed with the
Commission.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to materials filed on or after the date of the
enactment of this Act.
PART IV--STAND BY YOUR AD
SEC. 1041. STAND BY YOUR AD.
(a) Disclaimer Requirements for Campaign-Related Disbursements.--
Section 318(a) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30120(a)) is amended by striking ``for the purpose of financing
communications expressly advocating the election or defeat of a clearly
identified candidate'' and inserting ``for a campaign-related
disbursement, as defined in section 324, consisting of a public
communication''.
(b) Stand By Your Ad Requirements.--
(1) Maintenance of requirements for political parties and
certain political committees.--Section 318(d)(2) of such Act
(52 U.S.C. 30120(d)(2)) is amended--
(A) in the heading, by striking ``Others'' and
inserting ``certain political committees'';
(B) by striking ``Any communication'' and inserting
``(A) Any communication'';
(C) by inserting ``which (except to the extent
provided in the last sentence of this paragraph) is
paid for by a political committee (including a
political committee of a political party) and'' after
``subsection (a)'';
(D) by striking ``or other person'' each place it
appears; and
(E) by adding at the end the following new
subparagraph:
``(B) This paragraph does not apply to a communication paid
for in whole or in part with a payment which is treated as a
campaign-related disbursement under section 324 and with
respect to which a covered organization files a statement under
such section.''.
(2) Special disclaimer requirements for certain
communications.--Section 318 of such Act (52 U.S.C. 30120) is
amended by adding at the end the following new subsection:
``(e) Communications by Others.--
``(1) In general.--Any communication described in paragraph
(3) of subsection (a) which is transmitted through radio or
television (other than a communication to which subsection
(d)(2) applies) shall include, in addition to the requirements
of such paragraph, the following:
``(A) The individual disclosure statement described
in paragraph (2)(A) (if the person paying for the
communication is an individual) or the organizational
disclosure statement described in paragraph (2)(B) (if
the person paying for the communication is not an
individual).
``(B) If the communication is transmitted through
television and is paid for in whole or in part with a
payment which is treated as a campaign-related
disbursement under section 324, the Top Five Funders
list (if applicable), unless, on the basis of criteria
established in regulations issued by the Commission,
the communication is of such short duration that
including the Top Five Funders list in the
communication would constitute a hardship to the person
paying for the communication by requiring a
disproportionate amount of the content of the
communication to consist of the Top Five Funders list.
``(C) If the communication is transmitted through
radio and is paid for in whole or in part with a
payment which is treated as a campaign-related
disbursement under section 324, the Top Two Funders
list (if applicable), unless, on the basis of criteria
established in regulations issued by the Commission,
the communication is of such short duration that
including the Top Two Funders list in the communication
would constitute a hardship to the person paying for
the communication by requiring a disproportionate
amount of the content of the communication to consist
of the Top Two Funders list.
``(2) Disclosure statements described.--
``(A) Individual disclosure statements.--The
individual disclosure statement described in this
subparagraph is the following: `I am ________, and I
approve this message.', with the blank filled in with
the name of the applicable individual.
``(B) Organizational disclosure statements.--The
organizational disclosure statement described in this
subparagraph is the following: `I am ________, the
________ of ________, and ________ approves this
message.', with--
``(i) the first blank to be filled in with
the name of the applicable individual;
``(ii) the second blank to be filled in
with the title of the applicable individual;
and
``(iii) the third and fourth blank each to
be filled in with the name of the organization
or other person paying for the communication.
``(3) Method of conveyance of statement.--
``(A) Communications transmitted through radio.--In
the case of a communication to which this subsection
applies which is transmitted through radio, the
disclosure statements required under paragraph (1)
shall be made by audio by the applicable individual in
a clearly spoken manner.
``(B) Communications transmitted through
television.--In the case of a communication to which
this subsection applies which is transmitted through
television, the information required under paragraph
(1)--
``(i) shall appear in writing at the end of
the communication or in a crawl along the
bottom of the communication in a clearly
readable manner, with a reasonable degree of
color contrast between the background and the
printed statement, for a period of at least 6
seconds; and
``(ii) shall also be conveyed by an
unobscured, full-screen view of the applicable
individual or by the applicable individual
making the statement in voice-over accompanied
by a clearly identifiable photograph or similar
image of the individual, except in the case of
a Top Five Funders list.
``(4) Definitions.--In this subsection:
``(A) Applicable individual.--The term `applicable
individual' means, with respect to a communication to
which this subsection applies--
``(i) if the communication is paid for by
an individual, the individual involved;
``(ii) if the communication is paid for by
a corporation, the chief executive officer of
the corporation (or, if the corporation does
not have a chief executive officer, the highest
ranking official of the corporation);
``(iii) if the communication is paid for by
a labor organization, the highest ranking
officer of the labor organization; and
``(iv) if the communication is paid for by
any other person, the highest ranking official
of such person.
``(B) Covered organization and campaign-related
disbursement.--The terms `campaign-related
disbursement' and `covered organization' have the
meaning given such terms in section 324.
``(C) Top five funders list.--The term `Top Five
Funders list' means, with respect to a communication
paid for in whole or in part with a payment which is
treated as a campaign-related disbursement under
section 324, a list of the five persons who provided
the largest payments of any type in an aggregate amount
equal to or exceeding $10,000 which are required under
section 324(a) to be included in the reports filed by a
covered organization with respect to such communication
during the 12-month period ending on the date of the
disbursement and the amount of the payments each such
person provided. If two or more people provided the
fifth largest of such payments, the covered
organization involved shall select one of those persons
to be included on the Top Five Funders list.
``(D) Top two funders list.--The term `Top Two
Funders list' means, with respect to a communication
paid for in whole or in part with a payment which is
treated as a campaign-related disbursement under
section 324, a list of the persons who provided the
largest and the second largest payments of any type in
an aggregate amount equal to or exceeding $10,000 which
are required under section 324(a) to be included in the
reports filed by a covered organization with respect to
such communication during the 12-month period ending on
the date of the disbursement and the amount of the
payments each such person provided. If two or more
persons provided the second largest of such payments,
the covered organization involved shall select one of
those persons to be included on the Top Two Funders
list.''.
(c) Application of Disclosure Requirements for Audio and Video
Communications to Audio and Video Portions of Communications
Transmitted Through Internet or Electronic Mail.--
(1) Communications by candidates or authorized persons.--
Section 318(d)(1) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30120(d)(1)) is amended by adding at the end the
following new subparagraph:
``(C) Audio and video portions of communications
transmitted through internet or electronic mail.--In
the case of a communication described in paragraph (1)
or (2) of subsection (a) which is transmitted through
the Internet or through any form of electronic mail--
``(i) any audio portion of the
communication shall meet the requirements
applicable under subparagraph (A) to
communications transmitted through radio; and
``(ii) any video portion of the
communication shall meet the requirements
applicable under subparagraph (B) to
communications transmitted through
television.''.
(2) Communications by others.--
(A) In general.--Section 318(d)(2) of such Act (52
U.S.C. 30120(d)(2)), as amended by subsection (b)(1),
is further amended--
(i) by redesignating subparagraph (B) as
subparagraph (C); and
(ii) by inserting after subparagraph (A)
the following new subparagraph:
``(B) In the case of a communication described in paragraph
(3) of subsection (a) which is transmitted through the Internet
or through any form of electronic mail, any audio portion of
the communication shall meet the requirements applicable under
this paragraph to communications transmitted through radio and
any video portion of the communication shall meet the
requirements applicable under this paragraph to communications
transmitted through television.''.
(B) Application of special personal disclosure
rules for certain communications.--Section 318(e) of
such Act, as added by subsection (b)(2), is amended--
(i) in paragraph (1) in the matter
preceding subparagraph (A), by striking ``radio
or television'' and inserting ``radio or
television, through the Internet, or through
any form of electronic mail''; and
(ii) in paragraph (3), by adding at the end
the following new subparagraph:
``(C) Communications transmitted through internet
or electronic mail.--In the case of a communication to
which this paragraph applies which is transmitted
through the Internet or through any form of electronic
mail, any audio portion of the communication shall meet
the requirements applicable under this paragraph to
communications transmitted through radio and any video
portion of the communication shall meet the
requirements applicable under this paragraph to
communications transmitted through television.''.
(d) Disclosure Requirements for Campaign Communications Made
Through Prerecorded Telephone Calls.--
(1) Application of requirements.--Section 318(a) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is
amended by inserting after ``mailing,'' each place it appears
the following: ``telephone call which consists in substantial
part of a prerecorded audio message,''.
(2) Treatment as audio communication.--
(A) Communications by candidates or authorized
persons.--Section 318(d)(1) of such Act (52 U.S.C.
30120(d)(1)), as amended by subsection (c)(1), is
further amended by adding at the end the following new
subparagraph:
``(D) Prerecorded telephone calls.--Any
communication described in paragraph (1) or (2) of
subsection (a) which is a telephone call which consists
in substantial part of a prerecorded audio message
shall meet the requirements applicable under
subparagraph (A) to communications transmitted through
radio, except that the statement required under such
subparagraph shall be made at the beginning of the
telephone call.''.
(B) Communications by others.--
(i) In general.--Section 318(d)(2) of such
Act (52 U.S.C. 30120(d)(2)), as amended by
subsection (b)(1) and subsection (c)(2)(A), is
further amended--
(I) by redesignating subparagraph
(C) as subparagraph (D); and
(II) by inserting after
subparagraph (B) the following new
subparagraph:
``(C) Any communication described in paragraph (3) of
subsection (a) which is a telephone call which consists in
substantial part of a prerecorded audio message shall meet the
requirements applicable under this paragraph to communications
transmitted through radio, except that the statement required
shall be made at the beginning of the telephone call.''.
(ii) Application of special personal
disclosure rules for certain communications.--
Section 318(e) of such Act, as added by
subsection (b)(2) and as amended by subsection
(c)(2)(b), is further amended--
(I) in paragraph (1) in the matter
preceding subparagraph (A), by striking
``electronic mail'' and inserting
``electronic mail, or which is a
telephone call which consists in
substantial part of a prerecorded audio
message,''; and
(II) in paragraph (3), by adding at
the end the following new subparagraph:
``(D) Communications made through prerecorded
telephone calls.--Any communication to which this
paragraph applies which is a telephone call which
consists in substantial part of a prerecorded audio
message shall meet the requirements applicable under
this paragraph to communications transmitted through
radio.''.
(e) No Expansion of Persons Subject to Disclaimer Requirements on
Internet Communications.--Nothing in this section or the amendments
made by this section may be construed to require any person who is not
required under section 318 of the Federal Election Campaign Act of 1971
(as provided under section 110.11 of title 11 of the Code of Federal
Regulations) to include a disclaimer on communications made by the
person through the Internet to include any disclaimer on any such
communications.
PART V--OTHER CAMPAIGN FINANCE REFORMS
SEC. 1051. 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. 1052. RULES RELATING TO JOINT FUNDRAISING COMMITTEES.
(a) Prohibition on Joint Fundraising Committees for Candidates for
President.--
(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 for the office of
President may establish, participate in, or have any involvement with
any joint fundraising committee.''.
(2) Conforming amendment.--Section 302(e)(3)(A)(ii) of such
Act (52 U.S.C. 30102(e)(3)(A)(ii)) is amended by striking
``candidates may'' and inserting ``candidates (other than
candidates for the office of President) may''.
(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. 1053. 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 by
political committees.--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 of each political
committee (other than a committee of a political party)
which 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
political committee during the covered period.
``(C) 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. 1054. 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. 1055. TREATMENT OF INTERNET COMMUNICATIONS MADE BY POLITICAL
COMMITTEES AS PUBLIC COMMUNICATIONS.
(a) In General.--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.''.
(b) Effective Date.--The amendment made by this section shall apply
to communications made on or after the date of the enactment of this
Act.
SEC. 1056. APPLICATION OF LIMITATIONS ON CONTRIBUTIONS TO POLITICAL
COMMITTEES.
(a) In General.--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 that makes only independent
expenditures or electioneering communications (or a
combination thereof) or to any account of a political
committee established for the purpose of making only
independent expenditures or electioneering
communications (or a combination thereof), in any
calendar year which, in the aggregate, exceed $5,000;
or''.
(b) Effective Date.--The amendment made by this section shall apply
to contributions made on or after the date of the enactment of this
Act.
Subtitle B--Establishment of Federal Election Administration
SEC. 1101. SHORT TITLE.
This subtitle may be cited as the ``Federal Election Administration
Act of 2017''.
PART I--FEDERAL ELECTION ADMINISTRATION
SEC. 1111. ESTABLISHMENT OF THE FEDERAL ELECTION ADMINISTRATION.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the
following new subtitle:
``Subtitle B--Administrative Provisions
``CHAPTER 1--ESTABLISHMENT OF THE FEDERAL ELECTION ADMINISTRATION
``SEC. 351. ESTABLISHMENT OF THE FEDERAL ELECTION ADMINISTRATION.
``(a) In General.--There is established the Federal Election
Administration (in this Act referred to as the `Administration').
``(b) Independent Establishment.--The Administration shall be an
independent establishment (as defined in section 104 of title 5, United
States Code).
``(c) Purpose.--The Administration shall administer, seek to obtain
compliance with, enforce, and formulate policy in a manner that is
consistent with the language and intent of Congress with respect to the
following statutes:
``(1) This Act.
``(2) The Presidential Election Campaign Fund Act under
chapter 95 of the Internal Revenue Code of 1986.
``(3) The Presidential Primary Matching Payment Account Act
under chapter 96 of the Internal Revenue Code of 1986.
``(d) Exclusive Civil Jurisdiction.--The Administration shall have
exclusive jurisdiction with respect to the civil enforcement of the
statutes identified in subsection (c).
``(e) Voting Requirement.--All decisions of the Administration with
respect to the exercise of its duties and powers under this Act, except
those expressly reserved for decision by the Chair, shall be made by a
majority vote of its members.
``(f) Meetings and Quorum.--
``(1) Meetings.--The Administration shall meet--
``(A) at least once each month; and
``(B) at the call of the Chair.
``(2) Quorum.--A majority of the members of the
Administration shall constitute a quorum.
``(g) Seal.--The Administration shall procure a proper seal, with
such suitable inscriptions and devices as the President shall approve.
This seal, to be known as the official seal of the Federal Election
Administration, shall be kept and used to verify official documents,
under such rules and regulations as the Administration may prescribe.
Judicial notice shall be taken of the seal.
``(h) Principal Office.--The principal office of the Administration
shall be in or near the District of Columbia, but the Administration
may meet or exercise any of its powers anywhere in the United States.
``SEC. 352. COMPOSITION OF THE FEDERAL ELECTION ADMINISTRATION.
``(a) In General.--The Administration shall be composed of 5
members, 1 of whom shall serve as the Chair of the Administration. Not
more than 2 members of the Administration shall be affiliated with the
same political party while serving as a member of the Administration.
For purposes of the preceding sentence, a member shall be treated as
affiliated with a political party if such member was affiliated with
such political party at any time during the 5-year period ending on the
date on which such individual is nominated to be a member of the
Administration.
``(b) Appointment.--
``(1) In general.--Each member of the Administration shall
be appointed by the President, by and with the advice and
consent of the Senate.
``(2) Chair.--The President shall, at the time of
nomination of the first 5 members of the Administration,
designate 1 of the 5 to serve as the Chair. Any individual
appointed to succeed, or to fill the unexpired term of, that
member (or any member succeeding that member) shall serve as
the Chair.
``(3) Qualifications.--
``(A) In general.--The President may select an
individual for service as a Member of the Commission if
the individual has experience in election law and has a
demonstrated record of integrity, impartiality, and
good judgment.
``(B) Assistance of blue ribbon advisory panel.--
``(i) In general.--Prior to the regularly
scheduled expiration of the term of a member of
the Commission and upon the occurrence of a
vacancy in the membership of the Commission
prior to the expiration of a term, the
President shall convene a Blue Ribbon Advisory
Panel, that includes individuals representing
each major political party and individuals who
are independent of a major political party and
that consists of an odd number of individuals
selected by the President from retired Federal
judges, former law enforcement officials, or
individuals with experience in election law,
except that the President may not select any
individual to serve on the panel who holds any
public office at the time of selection.
``(ii) Recommendations.--With respect to
each member of the Commission whose term is
expiring or each vacancy in the membership of
the Commission (as the case may be), the Blue
Ribbon Advisory Panel shall recommend to the
President at least one but not more than 3
individuals for nomination for appointment as a
member of the Commission.
``(iii) Publication.--At the time the
President submits to the Senate the nominations
for individuals to be appointed as members of
the Commission, the President shall publish the
Blue Ribbon Advisory Panel's recommendations
for such nominations.
``(iv) Exemption from federal advisory
committee act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to a Blue
Ribbon Advisory Panel convened under this
subparagraph.
``(c) Term of Office.--
``(1) In general.--
``(A) Chair.--The Chair of the Administration shall
be appointed for a term of 10 years.
``(B) Other members.--Subject to subparagraph (C),
the 4 members of the Administration other than the
Chair shall be appointed for a term of 6 years.
``(C) Initial appointments.--Of the members
initially appointed under subparagraph (B), 2 members
shall be appointed for a term of 3 years.
``(2) Limitation to one term.--A member of the
Administration may only serve 1 term, except that--
``(A) an individual appointed under subparagraph
(B) of paragraph (1) who is appointed for the term
described in subparagraph (C) of such paragraph may be
appointed to a 6-year term in addition to the term
described in such subparagraph; and
``(B) an individual appointed under paragraph (4)
to fill the remainder of an unexpired term that has
less than \1/2\ of the term remaining may be appointed
to serve another term.
``(3) Expired terms.--An individual may continue to serve
as a member of the Administration after the expiration of such
individual's term until the earlier of--
``(A) the date on which such individual's successor
has taken office; or
``(B) 1 year following the date on which the term
of such member expired.
``(4) Vacancies.--An individual appointed upon a vacancy
occurring before the expiration of the term for which the
individual's predecessor was appointed shall be appointed only
for the unexpired term of the predecessor. Such vacancy shall
be filled in the same manner as the original appointment.
``(5) Prohibiting engagement with other business or
employment during service.--A member of the Commission shall
not engage in any other business, vocation, or employment. Any
individual who is engaging in any other business, vocation, or
employment at the time of his or her appointment to the
Commission shall terminate or liquidate such activity not later
than 90 days after such appointment.
``(d) Removal.--A member of the Administration may be removed by
the President only for inefficiency, neglect of duty, or malfeasance in
office.
``SEC. 353. STAFF DIRECTOR.
``(a) In General.--There shall be in the Administration a staff
director.
``(b) Responsibilities.--The staff director--
``(1) shall assist the Administration in its administration
and operations;
``(2) shall perform such responsibilities as the
Administration shall prescribe; and
``(3) may, with the approval of the Chair--
``(A) appoint and fix the pay of such additional
personnel as the staff director considers appropriate
without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service; and
``(B) procure temporary and intermittent services
to the same extent as is authorized by section 3109(b)
of title 5, United States Code, but at rates for
individuals not to exceed the daily equivalent of the
annual rate of basic pay in effect for grade GS-15 of
the General Schedule (5 U.S.C. 5332).
``(c) Appointment.--The staff director shall be appointed by the
Chair, after consultation with the other members of the Administration.
``(d) Other Activities.--An individual may not engage in any other
business, vocation, or employment while serving as the staff director.
``SEC. 354. GENERAL COUNSEL.
``(a) In General.--There shall be in the Administration a general
counsel.
``(b) Responsibilities.--The general counsel shall--
``(1) serve as the chief legal officer of the
Administration;
``(2) provide legal assistance to the Administration
concerning its programs and policies;
``(3) advise and assist the Administration in carrying out
its responsibilities under section 361; and
``(4) represent the Administration in any proceeding in
court or before an administrative law judge.
``(c) Appointment.--The general counsel shall be appointed by the
Chair, subject to approval by majority vote of the members of the
Administration.
``SEC. 355. INSPECTOR GENERAL.
``There shall be in the Administration an inspector general. The
inspector general and the office of inspector general shall be subject
to the Inspector General Act of 1978 (5 U.S.C. App.).
``CHAPTER 2--OPERATION OF THE FEDERAL ELECTION ADMINISTRATION
``SEC. 361. POWERS OF THE CHAIR AND ADMINISTRATION.
``(a) Chair.--
``(1) In general.--The Chair shall be the chief
administrative officer of the Administration with the authority
to administer the Administration and shall, after consultation
with the other members of the Administration, have the power to
appoint or remove the staff director and to establish the
budget of the Administration.
``(2) Other powers.--The Chair has the power--
``(A) to the fullest extent practicable, to request
the assistance of other agencies and departments of the
United States, including the personnel and facilities
of such agencies and departments and the heads of such
agencies and departments may make available to the
Chair such personnel, facilities, and other assistance,
with or without reimbursement;
``(B) to appoint, assign, remove, and compensate
administrative law judges in accordance with title 5,
United States Code;
``(C) to require, by special or general orders, any
person to submit, under oath, such written reports and
answers to questions as the Chair may prescribe;
``(D) to administer oaths or affirmations;
``(E) to issue and enforce subpoenas in accordance
with section 364;
``(F) in any proceeding or investigation, to order
testimony to be taken by deposition before any person
who is designated by the Chair and has the power to
administer oaths and, in such instances, to compel
testimony and the production of evidence in the same
manner as authorized under subparagraph (E);
``(G) to pay witnesses fees and mileage in
accordance with section 364(d); and
``(H) to make independent budget requests to
Congress in accordance with section 362.
``(b) Administration.--The Administration shall have the power--
``(1) to initiate, defend, or appeal, through the general
counsel, any civil action in the name of the Administration to
enforce the provisions of this Act and chapters 95 and 96 of
the Internal Revenue Code of 1986;
``(2) to assess civil penalties for violations of this Act
and chapters 95 and 96 of the Internal Revenue Code of 1986;
``(3) to issue cease-and-desist orders to prevent
violations of this Act and chapters 95 and 96 of the Internal
Revenue Code of 1986;
``(4) to establish procedures and schedules for agency
adjudication that ensure timely enforcement of this Act and
chapters 95 and 96 of the Internal Revenue Code of 1986;
``(5) to render advisory opinions under section 363;
``(6) to develop prescribed forms, and to make, amend, and
repeal rules, pursuant to section 365;
``(7) to establish procedures for alternative dispute
resolution of violations of this Act or of chapter 95 or 96 of
the Internal Revenue Code of 1986;
``(8) to conduct investigations and hearings expeditiously,
to encourage voluntary compliance, and to report apparent
violations to the appropriate law enforcement authorities; and
``(9) to transmit to the President and to Congress not
later than June 1 of each year, a report which states in detail
the activities of the Administration in carrying out its duties
under this Act, and which includes any recommendations for any
legislative or other action the Administration considers
appropriate.
``SEC. 362. INDEPENDENT BUDGET REQUESTS AND LEGISLATIVE PROPOSALS.
``(a) Exemption From OMB Oversight.--Whenever the Chair submits any
budget estimate or request to the President or the Office of Management
and Budget, the Chair shall concurrently transmit a copy of such
estimate or request to Congress.
``(b) Authority To Make Independent Legislative Recommendations.--
Whenever the Administration submits any legislative recommendation,
testimony, or comments on legislation requested by Congress or by any
Member of Congress, to the President or the Office of Management and
Budget, the Administration shall concurrently transmit a copy thereof
to Congress or to the Member requesting the same. No officer or agency
of the United States shall have any authority to require the
Administration to submit its legislative recommendations, testimony, or
comments on legislation, to any office or agency of the United States
for approval, comments, or review, prior to the submission of such
recommendations, testimony, or comments to Congress.
``SEC. 363. ADVISORY OPINIONS.
``(a) Requests for Advisory Opinions.--
``(1) In general.--Not later than 60 days after the
Administration receives from a person a complete written
request concerning the application of this Act, chapter 95 or
96 of the Internal Revenue Code of 1986, or a rule or
regulation prescribed by the Administration, with respect to a
specific transaction or activity by the person, the
Administration shall render a written advisory opinion relating
to such transaction or activity to the person.
``(2) Requests by candidates.--If an advisory opinion is
requested by a candidate, or any authorized committee of such
candidate, during the 60-day period before any election for
Federal office involving the requesting party, the
Administration shall render a written advisory opinion relating
to such request not later than 20 days after the Administration
receives a complete written request.
``(b) Rulemaking Required.--Any rule of law which is not stated in
this Act or in chapter 95 or 96 of the Internal Revenue Code of 1986
may be initially proposed by the Administration only as a rule or
regulation pursuant to procedures established in section 365. No
opinion of an advisory nature may be issued by the Administration or
any other officer or employee of the Administration except in
accordance with the provisions of this section.
``(c) Reliance on Advisory Opinions.--
``(1) In general.--Any advisory opinion rendered by the
Administration under subsection (a) may be relied upon by--
``(A) any person involved in the specific
transaction or activity with respect to which such
advisory opinion is rendered; and
``(B) any person involved in any specific
transaction or activity which is indistinguishable in
all its material aspects from the transaction or
activity with respect to which such advisory opinion is
rendered.
``(2) Protection from liability.--Notwithstanding any other
provisions of law, any person who relies upon any provision or
finding of an advisory opinion in accordance with the
provisions of paragraph (1) and who acts in good faith in
accordance with the provisions and findings of such advisory
opinion shall not, as a result of any such act, be subject to
any sanction provided by this Act or by chapter 95 or 96 of the
Internal Revenue Code of 1986.
``(d) Notice and Comment.--
``(1) Publication of requests.--The Administration shall
make public any request made under subsection (a) for an
advisory opinion.
``(2) Opportunity to comment.--
``(A) Written comments.--Before rendering an
advisory opinion, the Administration shall accept
written comments submitted by any interested party
within the 10-day period following the date on which
the request is made public.
``(B) Testimony.--To the extent that the Commission
provides an opportunity for a person requesting an
advisory opinion under this section (or counsel for
such person) to appear before the Commission to present
testimony in support of the request, and the person (or
counsel) accepts such opportunity, the Commission shall
provide a reasonable opportunity for an interested
party who submitted written comments under subparagraph
(A) in response to the request (or counsel for such
interested party) to appear before the Commission to
present testimony in response to the request.
``(e) Judicial Review.--
``(1) In general.--Any person adversely affected by an
advisory opinion rendered by the Administration may obtain
judicial review of such advisory opinion by filing a petition
in the United States Court of Appeals for the District of
Columbia Circuit.
``(2) Scope of review.--For purposes of conducting the
judicial review described in paragraph (1), the provisions of
section 706 of title 5, United States Code, shall apply.
``SEC. 364. ISSUANCE AND ENFORCEMENT OF SUBPOENAS.
``(a) Issuance by the Chair.--If the Administration is conducting
an investigation pursuant to section 371 or 372, the Chair shall, on
behalf of the Administration, have the power to require by subpoena the
attendance and testimony of witnesses and the production of all
documentary evidence relating to the execution of the Administration's
duties.
``(b) Issuance by an Administrative Law Judge.--Any administrative
law judge presiding over an enforcement action pursuant to section 373
shall have the power to require by subpoena the attendance and
testimony of witnesses and the production of all documentary evidence
relating to the administrative law judge's duties.
``(c) Issuance and Enforcement of Subpoenas.--
``(1) Issuance.--Subpoenas issued under subsection (a) or
(b) shall bear the signature of the Chair or an administrative
law judge, respectively, and shall be served by any person or
class of persons designated by the Chair or administrative law
judge for that purpose.
``(2) Enforcement.--In the case of contumacy or failure to
obey a subpoena issued under subsection (a) or (b), the Federal
district court for the judicial district in which the
subpoenaed person resides, is served, or may be found may issue
an order requiring such person to appear at any designated
place to testify or to produce documentary or other evidence.
Any failure to obey the order of the court may be punished by
the court as a contempt of that court.
``(d) Witness Allowances and Fees.--Section 1821 of title 28,
United States Code, shall apply to witnesses requested or subpoenaed to
appear at any hearing of the Administration. The per diem and mileage
allowances for witnesses shall be paid from funds available to pay the
expenses of the Administration.
``(e) Jurisdiction.--Subpoenas for witnesses who are required to
attend a Federal district court may run into any other district.
``SEC. 365. RULEMAKING AUTHORITY.
``(a) In General.--The Administration may, pursuant to the
provisions of chapter 5 of title 5, United States Code, prescribe such
rules and regulations as the Administration deems necessary to carry
out the provisions of this Act and chapters 95 and 96 of the Internal
Revenue Code of 1986, including the authority to promulgate rules of
practice and procedure for agency adjudications.
``(b) Authority To Promulgate Independent Regulations.--Whenever
the Administration promulgates any regulation, it shall not be required
to submit such regulation for review or approval to the President or
the Office of Management and Budget.
``(c) Conduct of Activities.--The Administration shall prepare
written rules for the conduct of its activities, including procedures
for the conduct of enforcement actions under sections 371, 372, and
373.
``(d) Forms.--
``(1) In general.--The Administration shall prescribe forms
necessary to implement this Act and chapters 95 and 96 of the
Internal Revenue Code of 1986.
``(2) Public protection.--Any forms prescribed by the
Administration under paragraph (1), and any information-
gathering activities of the Administration under this Act,
shall not be subject to the provisions of section 3512 of title
44, United States Code.
``(e) Reliance Upon Rules and Regulations.--Notwithstanding any
other provision of law, any person who relies upon any rule or
regulation prescribed by the Administration in accordance with the
provisions of this section and who acts in good faith in accordance
with such rule or regulation shall not, as a result of such act, be
subject to any sanction provided by this Act or by chapter 95 or 96 of
the Internal Revenue Code of 1986.
``(f) Consultation With IRS.--In prescribing rules, regulations,
and forms under this section, the Administration and the Secretary of
the Treasury shall consult and work together to promulgate rules,
regulations, and forms which are mutually consistent. The
Administration shall report to Congress annually on the steps it has
taken to comply with this subsection.
``(g) Judicial Review.--
``(1) In general.--Any person adversely affected by a rule,
regulation, or form promulgated by the Administration may
obtain judicial review of such rule, regulation, or form by
filing a petition in the United States Court of Appeals for the
District of Columbia Circuit.
``(2) Scope of review.--For purposes of conducting the
judicial review described in paragraph (1), the provisions of
section 706 of title 5, United States Code, shall apply.
``(h) Rule and Regulation Defined.--In this Act, the terms `rule'
and `regulation' mean a provision or series of interrelated provisions
stating a single, separable rule of law.
``SEC. 366. LITIGATION AUTHORITY.
``(a) In General.--Notwithstanding sections 516 and 518 of title
28, United States Code, and section 3106 of title 5, United States
Code, the Administration is authorized to bring, appear in, defend
against, and appeal any action instituted under this Act or chapter 95
or 96 of the Internal Revenue Code of 1986, in any court either--
``(1) by attorneys employed by the Administration; or
``(2) by counsel whom it may appoint, on a temporary basis
as may be necessary for such purpose, 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.
``(b) Compensation of Appointed Counsel.--The compensation of
counsel appointed on a temporary basis under subsection (a)(2) shall be
paid out of any funds otherwise available to pay the compensation of
employees of the Administration.
``(c) Independence From Attorney General.--In pursuing an action
under this section, the Administration may act independently of the
Attorney General.
``SEC. 367. AVAILABILITY OF REPORTS.
``(a) In General.--The Administration shall--
``(1) prepare, publish, and furnish to all persons required
to file reports and statements under this Act a manual
recommending uniform methods of bookkeeping and reporting;
``(2) develop a filing, coding, and cross-indexing system
consistent with the purposes of this Act;
``(3) within 48 hours after the time of the receipt by the
Administration of reports and statements filed with the
Administration, make them available for public inspection, and
copying, at the expense of the person requesting such copying,
except that any information copied from such reports or
statements may not be sold or used by any person for the
purpose of soliciting contributions or for commercial purposes,
other than using the name and address of any political
committee to solicit contributions from such committee;
``(4) keep such designations, reports, and statements for a
period of 10 years from the date of receipt and maintain
computerized records of such designations, reports, and
statements thereafter;
``(5)(A) compile and maintain a cumulative index of
designations, reports, and statements filed under this Act,
publish the index at regular intervals, and make the index
available for purchase directly or by mail;
``(B) compile, maintain, and revise a separate cumulative
index of reports and statements filed by multicandidate
committees, including in such index a list of multicandidate
committees; and
``(C) compile and maintain a list of multicandidate
committees, which shall be revised and made available monthly;
``(6) prepare and publish periodically lists of authorized
committees which fail to file reports as required by this Act;
and
``(7) serve as a national clearinghouse for the compilation
of information and review of procedures with respect to the
administration of Federal elections.
``(b) Pseudonyms.--For purposes of subsection (a)(3), a political
committee may submit 10 pseudonyms on each report filed in order to
protect against the illegal use of names and addresses of contributors,
but only if such committee attaches a list of such pseudonyms to the
appropriate report. The Administration shall exclude these lists from
the public record.
``(c) Contracts.--The Administration may enter into contracts for
the purpose of performing the duties described in subsection (a).
``(d) Availability of Reports.--Reports or other information
described in subsection (a) shall be available to the public, except
that--
``(1) copies shall be made available without cost, upon
request, to agencies and branches of the Federal Government;
and
``(2) information made available as a result of the
application of paragraph (7) of such subsection shall be made
available to the public only upon the payment of the cost
thereof.
``SEC. 368. AUDITS AND FIELD EXAMINATIONS.
``(a) In General.--The Administration may, in accordance with the
provisions of this section, conduct audits and field investigations of
any political committee required to file a report under section 304.
``(b) Priority.--All audits and field investigations concerning the
verification for, and receipt and use of, any payments received by a
candidate or committee under chapter 95 or 96 of the Internal Revenue
Code of 1986 shall be given priority.
``(c) Audits and Field Examinations Where Thresholds Not Met.--
``(1) Internal review.--The Administration shall conduct an
internal review of reports filed by selected committees to
determine if the reports filed by a particular committee meet
the threshold requirements for substantial compliance with the
Act. Such thresholds for compliance shall be established by the
Administration.
``(2) Audits and field examinations.--The Administration
may vote to conduct an audit and field investigation of any
committee which it determines under paragraph (1) does not meet
the threshold requirements established by the Administration.
Such audits shall be commenced within 30 days of such vote,
except that any audit under the provisions of this subsection
of an authorized committee of a candidate shall be commenced
within 6 months of the election for which such committee is
authorized.
``(d) Random Audits.--
``(1) In general.--In addition to any audits conducted
under subsection (c), the Administration may, subject to
paragraph (2), conduct audits of any committee selected at
random to ensure compliance with this Act. The selection of any
committee under this paragraph shall be based on standards and
procedures adopted by the Administration, except that in any
calendar year such audits may be initiated against no more than
3 percent of all authorized candidate campaign committees.
``(2) Applicable rules.--
``(A) In general.--If the Administration selects a
committee for audit under paragraph (1), the
Administration shall promptly notify the committee of
the selection and commence the audit within 30 days of
the selection.
``(B) Special rules for authorized committees.--If
the committee selected under paragraph (1) is an
authorized committee of a candidate, the audit--
``(i) shall be commenced and actively
undertaken within 6 months of the election for
which the committee is authorized; and
``(ii) may examine compliance with this Act
only with respect to that election.
``(3) Exception.--This subsection shall not apply to an
authorized committee of a candidate for President or Vice
President subject to audit under section 9007 or 9038 of the
Internal Revenue Code of 1986.
``SEC. 369. CONGRESSIONAL OVERSIGHT.
``Nothing in this Act shall be construed to limit, restrict, or
diminish any investigatory, informational, oversight, supervisory, or
disciplinary authority or function of Congress or any committee of
Congress with respect to elections for Federal office.
``CHAPTER 3--ENFORCEMENT
``SEC. 371. INITIATION OF ENFORCEMENT ACTIONS BY ADMINISTRATION.
``(a) In General.--The Administration may initiate a civil
enforcement action under section 373 if, after conducting an
investigation, the Administration finds reasonable grounds to believe
that a violation of this Act or of chapter 95 or 96 of the Internal
Revenue Code of 1986 has occurred or is about to occur.
``(b) Basis for Findings.--The Administration may make a finding
under subsection (a) based on any information available to the
Administration, including the filing of a complaint under section 372.
``(c) Notice and Opportunity To Demonstrate No Violation.--Prior to
initiating an enforcement action under subsection (a), the
Administration shall give any person under investigation notice and the
opportunity to demonstrate that there are no reasonable grounds to
believe a violation has occurred or is about to occur, but the
Administration's decision on such matter shall not be subject to
judicial review.
``SEC. 372. COMPLAINT TO INITIATE ENFORCEMENT ACTION.
``(a) Filing of Complaint.--
``(1) In general.--Any person may file a complaint with the
Administration alleging a violation of this Act or of chapter
95 or 96 of the Internal Revenue Code of 1986.
``(2) Technical requirements.--A complaint filed under
paragraph (1) shall be--
``(A) in writing, signed, and sworn to by the
person filing such complaint;
``(B) notarized; and
``(C) made under penalty of perjury and subject to
the provisions of section 1001 of title 18, United
States Code.
``(3) Action by the administration.--Subject to paragraph
(4), based on the allegations in a complaint filed under
paragraph (1), and such investigations the Administration deems
necessary and appropriate, the Administration may--
``(A) initiate a civil enforcement action under
section 373 if the Administration finds reasonable
grounds to believe a violation has occurred or is about
to occur; or
``(B) dismiss the complaint.
``(4) Prohibition of anonymous complaints.--The Commission
may not conduct any investigation or take any other action
under this section solely on the basis of a complaint of a
person whose identity is not disclosed to the Administration.
``(5) Recovery of costs.--Any person who has filed a
complaint under paragraph (1) shall be entitled to recover from
the Administration up to $1,000 of the costs incurred in
preparing and filing the complaint if, based on the complaint,
the Administration--
``(A) makes a finding under section 373(a) that a
person has violated (or is about to violate) the Act;
or
``(B) enters into a conciliation agreement with a
person under section 373(c).
``(b) Notice and Opportunity To Demonstrate No Violation.--Prior to
initiating an enforcement action under subsection (a)(3)(A), the
Administration shall give any person named in a complaint notice and an
opportunity to demonstrate that there are no reasonable grounds to
believe a violation described in such subsection has occurred or is
about to occur, but the Administration's determination under subsection
(a)(3) shall not be subject to judicial review in an action brought by
such person.
``(c) Failure by the Administration To Take Timely Action.--
``(1) In general.--If the Administration--
``(A) dismisses a complaint filed under subsection
(a); or
``(B) fails to initiate a civil enforcement action
under section 373 within 180 days of the filing of such
a complaint, the person filing the complaint under
subsection (a) may seek judicial review of the
Administration's dismissal, or failure to act, in
Federal district court in the District of Columbia or
in the district in which such person resides.
``(2) Scope of review.--The court shall review the
Administration's dismissal of the complaint or failure to act
in accordance with the provisions of section 706 of title 5,
United States Code.
``(3) Court orders.--The court may order the Administration
to initiate an enforcement action or to conduct a further
investigation of the complaint within a time set by the court.
``SEC. 373. CIVIL ENFORCEMENT ACTIONS.
``(a) In General.--The Administration shall have the authority to
impose a civil monetary penalty under section 375, issue a cease-and-
desist order under section 376, or do both, if the Administration
finds, by an order made on the record after notice and an opportunity
for hearing before an administrative law judge pursuant to subchapter
II of chapter 5 of title 5, United States Code, that a person has
violated (or, in the case of a cease-and-desist order, has violated or
is about to violate) this Act or chapter 95 or 96 of the Internal
Revenue Code of 1986. The general counsel shall represent the
Administration in any proceeding before an administrative law judge.
``(b) Notice and Request for Hearing.--
``(1) Notice.--If the Administration finds under section
371 or 372 that there are reasonable grounds to believe a
violation has occurred or is about to occur, the Administration
shall serve written notice of the charges on each respondent,
and shall conduct such further investigation as the
Administration deems necessary and appropriate.
``(2) Request for hearing.--Each respondent shall have an
opportunity to request, prior to the date that is 30 days after
the date on which the notice is received, a hearing on the
charges before an administrative law judge.
``(3) Effect of failure to request a hearing.--If no
hearing is requested, the Administration shall make a finding
on the charges, and shall issue whatever relief the
Administration deems appropriate under sections 375 and 376.
``(c) Conciliation.--
``(1) Procedures for entering into conciliation
agreements.--
``(A) In general.--If the respondent requests a
hearing under subsection (b)(2), the Administration
shall attempt, for a period that does not exceed 60
days (or 15 days if the hearing is requested within 60
days of an election), to correct or prevent such
violation by informal methods of conference,
conciliation, and persuasion, and to enter into a
conciliation agreement with the respondent. In the case
of a hearing that is requested at a time other than
within 60 days of an election, the period for
conciliation shall not be less than 30 days unless an
agreement is reached before then.
``(B) Inclusion of civil monetary penalties.--A
conciliation agreement may include a requirement that
the person involved in such conciliation shall pay a
civil monetary penalty that does not exceed the amounts
set forth in subsection (a) of section 375 or, in the
case of a knowing and willful violation, the amounts
set forth in subsection (b) of such section. The
conciliation agreement may also include the requirement
that the person involved consent to the terms of a
cease-and-desist order, as provided in section 376.
``(C) Representation by general counsel.--The
general counsel shall represent the Administration in
any negotiations for a conciliation agreement and any
such conciliation agreement shall be subject to the
approval of the Administration.
``(D) Bar to further action.--A conciliation
agreement, unless violated, is a complete bar to any
further action by the Administration.
``(2) Confidentiality.--No action by the Administration or
any other person, and no information derived in connection with
any conciliation attempt by the Administration may be made
public by the Administration, without the written consent of
the respondent, except that if a conciliation agreement is
agreed upon and signed by the Administration and the
respondent, the Administration shall make such agreement
public.
``(3) Violation of conciliation agreement.--In any case in
which a person has entered into a conciliation agreement with
the Administration under paragraph (1), the Administration may
institute a civil action for relief if the Administration
believes the person has violated any provision of such
conciliation agreement. Such civil action shall be brought in
the Federal district court for the district in which the
respondent resides or has its principal place of business, or
for the District of Columbia. Such court shall have
jurisdiction to issue any relief appropriate under sections 375
and 376. For the Administration to obtain relief in any such
action, the Administration need only establish that the person
has violated, in whole or in part, any requirement of such
conciliation agreement.
``(d) Hearing.--At the request of any respondent, a hearing on the
charges served under subsection (b)(1) shall be conducted before an
administrative law judge, who shall make such findings of fact and
conclusions of law as the administrative law judge deems appropriate.
The administrative law judge shall also have the authority to impose a
civil monetary penalty on the respondent, issue a cease-and-desist
order, or both. The decision of the administrative law judge shall
constitute final agency action unless an appeal is taken under
subsection (e).
``(e) Appeal to Administration.--
``(1) Right to appeal.--The general counsel and each
respondent shall each have a right to appeal to the
Administration from any final determination made by an
administrative law judge.
``(2) Review of alj determinations.--In the event of an
appeal under paragraph (1), the Administration shall review the
determination of the administrative law judge to determine
whether--
``(A) a finding of material fact is not supported
by substantial evidence;
``(B) a conclusion of law is erroneous;
``(C) the determination of the administrative law
judge is contrary to law or to the duly promulgated
rules or decisions of the Administration;
``(D) a prejudicial error of procedure was
committed; or
``(E) the decision or the relief ordered is
otherwise arbitrary, capricious, or an abuse of
discretion.
``(3) Final agency action.--The decision of the
Administration shall constitute final agency action.
``(f) Judicial Review.--
``(1) In general.--Any party aggrieved by a final agency
action and who has exhausted all administrative remedies,
including requesting a hearing before an administrative law
judge and appealing an adverse decision of an administrative
law judge to the Administration, may obtain judicial review of
such action in the United States Court of Appeals for any
circuit wherein such person resides or has its principal place
of business, or in the United States Court of Appeals for the
District of Columbia Circuit.
``(2) Scope of review.--For purposes of conducting the
judicial review described in paragraph (1), the provisions of
section 706 of title 5, United States Code, shall apply.
``(3) Petition for judicial review.--To obtain judicial
review under paragraph (1), an aggrieved party described in
such paragraph shall file a petition with the court during the
30-day period beginning on the date on which the order was
issued. A copy of such petition shall be transmitted forthwith
by the clerk of the court to the Administration, and thereupon
the Administration shall file in the court the record upon
which the order complained of was entered, as provided in
section 2112 of title 28, United States Code.
``SEC. 374. NOTIFICATION OF NONFILERS.
``(a) Notification.--Before taking any action under section 373
against any person who has failed to file a report required under
section 304(a)(2)(A)(iii) for the calendar quarter immediately
preceding the election involved, or in accordance with section
304(a)(2)(A)(i), the Administration shall notify the person of such
failure to file the required reports.
``(b) Opportunity for Response.--If a satisfactory response is not
received within 4 business days after the date of notification, the
Administration shall, pursuant to section 367(a)(6), publish before the
election the name of the person and the report or reports such person
has failed to file.
``SEC. 375. CIVIL MONETARY PENALTIES.
``(a) In General.--Any person who violates this Act, or chapter 95
or 96 of the Internal Revenue Code of 1986, shall be liable to the
United States for a civil monetary penalty for each violation which
does not exceed the greater of $5,000 or an amount equal to any
contribution or expenditure involved in such violation. Such penalty
shall be imposed by the Administration pursuant to section 373.
``(b) Knowing and Willful Violations.--Any person who commits a
knowing and willful violation of this Act, or of chapter 95 or 96 of
the Internal Revenue Code of 1986, shall be liable to the United States
for a civil monetary penalty for each violation which does not exceed
the greater of $10,000 or an amount equal to 200 percent of any
contribution or expenditure involved in such violation (or, in the case
of a violation of section 320, which is not less than 300 percent of
the amount involved in the violation and is not more than the greater
of $50,000 or 1,000 percent of the amount involved in the violation).
Such penalty shall be imposed by the Administration pursuant to section
373.
``(c) Determination of Civil Monetary Penalty.--In determining the
amount of a civil monetary penalty under this section with respect to a
violation described in this section, the Administration or an
administrative law judge shall take into account the nature,
circumstances, extent, and gravity of the violation and, with respect
to the violator, any prior violation, the degree of culpability, and
such other matters as justice may require.
``(d) Referral to Attorney General.--
``(1) In general.--If the Administration determines that a
knowing and willful violation of this Act which is subject to
section 379, or a knowing and willful violation of chapter 95
or 96 of the Internal Revenue Code of 1986, has occurred or is
about to occur, the Administration may refer such apparent
violation to the Attorney General without regard to any
limitations set forth under section 373.
``(2) Reporting by the attorney general.--Whenever the
Administration refers an apparent violation to the Attorney
General, the Attorney General shall report to the
Administration any action taken by the Attorney General
regarding the apparent violation. Each report shall be
transmitted within 60 days after the date the Administration
refers an apparent violation, and every 30 days thereafter
until the final disposition of the apparent violation.
``SEC. 376. CEASE-AND-DESIST ORDERS.
``(a) In General.--If the Administration finds, after notice and
opportunity for hearing under section 373, that any person is
violating, has violated, or is about to violate any provision of this
Act, or chapter 95 or 96 of the Internal Revenue Code of 1986, or any
rule or regulation thereunder, the Administration may publish any
findings and enter an order requiring such person, or any other person
that is, was, or would be a cause of the violation due to an act or
omission the person knew or should have known would contribute to such
violation, to cease and desist from committing or causing such
violation and any future violation of the same provision, rule, or
regulation. Such order may, in addition to requiring a person to cease
and desist from committing or causing a violation, require such person
to comply (or to take steps to effect compliance) with such provision,
rule, or regulation, upon such terms and conditions and within such
time as the Administration may specify in such order.
``(b) Temporary Order.--Whenever the Administration determines that
an alleged violation or threatened violation specified in the notice
initiating a civil enforcement action under section 373, or the
continuation thereof, is likely to result in violation of this Act, or
of chapter 95 or 96 of the Internal Revenue Code of 1986, and
substantial harm to the public interest, the Administration may apply
to the Federal district court for the district in which the respondent
resides or has its principal place of business, in which the alleged or
threatened violation occurred or is about to occur, or for the District
of Columbia, for a temporary restraining order or a preliminary
injunction requiring the respondent to cease and desist from the
violation or threatened violation and to take such action to prevent
the violation or threatened violation. The Administration may apply for
such order without regard to any limitation under section 373.
``SEC. 377. COLLECTION.
``If any person fails to pay an assessment of a civil penalty--
``(1) after the order making the assessment has become a
final order and such person has not timely filed a petition for
judicial review of the order in accordance with section
373(f)(3) or if the order of the Administration is upheld after
judicial review; or
``(2) after a court in an action brought under section
373(c)(3) has entered a final judgment no longer subject to
appeal in favor of the Administration,
the Attorney General shall recover the amount assessed (plus interest
at currently prevailing rates from the date of the expiration of the
30-day period referred to in section 373(f)(3) or the date of such
final judgment, as the case may be) in an action brought in any
appropriate district court of the United States. In such an action, the
validity, amount, and appropriateness of such penalty shall not be
subject to review.
``SEC. 378. CONFIDENTIALITY.
``(a) Prior to a Finding of Reasonable Grounds.--Any proceedings
conducted by the Administration prior to a finding that there are
reasonable grounds to believe a violation of the law has occurred or is
about to occur, including any investigation pursuant to section 371 or
pursuant to a complaint filed under section 372, shall be confidential
and none of the Administration's records concerning the complaint shall
be made public, except that the person filing a complaint pursuant to
section 372 is permitted to make such complaint public.
``(b) After a Finding of Reasonable Grounds.--Except as provided in
subsection (d), if the Administration makes a finding pursuant to
section 371 or 372 that there are reasonable grounds to believe that a
violation of law has occurred or is about to occur--
``(1) the finding of the Administration as well as any
complaint filed under section 372, any notice of charges, and
any answer or similar documents filed with the Administration
shall be made public; and
``(2) all proceedings conducted before an administrative
law judge under section 373, and all documents used during such
proceedings, shall be made public.
``(c) After Dismissal of a Complaint or Conclusion of Proceedings
Following a Finding of Reasonable Grounds.--Subject to subsection (d),
following the Administration's dismissal of a complaint filed under
section 372 or the termination of proceedings following a finding of
reasonable grounds under section 371 or 372, the Administration shall,
not later than the date that is 30 days after such dismissal or
termination, make public--
``(1) the complaint, any notice of charges, and any answer
or similar documents filed with the Administration (unless such
information has already been made public under subsection
(b)(1));
``(2) any order setting forth the Administration's final
action on the complaint;
``(3) any findings made by the Administration in relation
to the action; and
``(4) all documentary materials and testimony constituting
the record on which the Administration relied in taking its
actions.
Subject to subsection (d), the affirmative disclosure requirement of
this subsection is without prejudice to the right of any person to
request and obtain records relating to an investigation under section
552 of title 5, United States Code.
``(d) Confidentiality of Records and Proceedings Otherwise Subject
to Disclosure.--
``(1) In general.--The Administration shall issue
regulations providing for the protection of information the
disclosure of which under subsection (b) or (c) would impair
any person's constitutionally protected right of privacy,
freedom of speech, or freedom of association. The
Administration shall also issue regulations addressing the
application of exemptions from disclosure contained in section
552 of title 5, United States Code, to records comprising the
Administration's investigative files. Such regulations shall
consider the need to protect any person's constitutionally
protected rights to privacy, freedom of speech, and freedom of
association, as well as the need to make information about the
Administration's activities and decisions widely accessible to
the public.
``(2) Petition to maintain confidentiality.--
``(A) In general.--Any person who would be
adversely affected by any disclosure of information
about the person made pursuant to subsection (b) or
(c), or by the conduct in public of a hearing or other
proceeding conducted pursuant to section 373, shall
have the right to petition the Administration to
maintain the confidentiality of such information or
such proceeding on the ground that such information
falls within the scope of any exemption from disclosure
contained in section 552 of title 5, United States
Code, or is prohibited from disclosure under the
Administration's regulations, the Constitution, or any
other provision of law. Upon the receipt of such
petition, the Administration shall make a prompt
determination whether the information should be kept
confidential, and shall withhold such information from
disclosure pending this determination. The
Administration shall notify the petitioner in writing
of the determination.
``(B) Regulations.--The Administration shall
prescribe regulations governing the consideration of
petitions under this paragraph. Such regulations shall
provide for public notice of the pendancy of any
petition filed under subparagraph (A) and the right of
any interested party to respond to or comment on such
petition.
``(e) Penalties.--Any member or employee of the Administration, or
any other person, who violates the provisions of this section shall be
fined not more than $2,000. Any such member, employee, or other person
who knowingly and willfully violates the provisions of this section
shall be fined not more than $5,000.
``SEC. 379. CRIMINAL PENALTIES.
``(a) Knowing and Willful Violations.--Any person who knowingly and
willfully commits a violation of any provision of this Act that
involves the making, receiving, or reporting of any contribution,
donation, or expenditure--
``(1) aggregating $25,000 or more during a calendar year
shall be fined under title 18, United States Code, or
imprisoned for not more than 5 years, or both; or
``(2) aggregating $2,000 or more (but less than $25,000)
during a calendar year shall be fined under such title, or
imprisoned for not more than 1 year, or both.
``(b) Contributions or Expenditures by National Banks,
Corporations, or Labor Organizations.--In the case of a knowing and
willful violation of section 316(b)(3), the penalties set forth in
subsection (a) shall apply to each violation involving an amount
aggregating $250 or more during a calendar year. Such a violation of
section 316(b)(3) may incorporate a violation of section 317(a), 320,
or 321.
``(c) Fraudulent Misrepresentation of Campaign Authority.--In the
case of a knowing and willful violation of section 322, the penalties
set forth in subsection (a) shall apply without regard to whether the
making, receiving, or reporting of a contribution or expenditure of
$1,000 or more is involved.
``(d) Prohibition of Contributions in Name of Another.--Any person
who knowingly and willfully commits a violation of section 320
involving an amount aggregating more than $10,000 during a calendar
year shall be--
``(1) imprisoned for not more than 2 years if the amount is
less than $25,000 and subject to imprisonment under subsection
(a) if the amount is $25,000 or more;
``(2) fined not less than 300 percent of the amount
involved in the violation and not more than the greater of--
``(A) $50,000; or
``(B) 1,000 percent of the amount involved in the
violation; or
``(3) both imprisoned as provided under paragraph (1) and
fined as provided under paragraph (2).
``(e) Effect of Conciliation Agreements.--
``(1) Evidence of lack of knowledge and intent.--In any
criminal action brought for a violation of any provision of
this Act or of chapter 95 or 96 of the Internal Revenue Code of
1986, any defendant may evidence their lack of knowledge or
intent to commit the alleged violation by introducing as
evidence a conciliation agreement entered into between the
defendant and the Administration under section 373(c)(1) which
specifically deals with the act or failure to act constituting
such violation and which is still in effect.
``(2) Consideration by courts.--In any criminal action
brought for a violation of any provision of this Act or of
chapter 95 or 96 of the Internal Revenue Code of 1986, the
court before which such action is brought shall take into
account, in weighing the seriousness of the violation and in
considering the appropriateness of the penalty to be imposed if
the defendant is found guilty, whether--
``(A) the specific act or failure to act which
constitutes the violation for which the action was
brought is the subject of a conciliation agreement
entered into between the defendant and the
Administration under section 373(c)(1);
``(B) the conciliation agreement is in effect; and
``(C) the defendant is, with respect to the
violation involved, in compliance with the conciliation
agreement.
``SEC. 380. PERIOD OF LIMITATIONS.
``No person shall be prosecuted, tried, or punished for any
violation of this Act, unless the indictment is found or the
information is instituted within 5 years after the date of the
violation.
``SEC. 381. AUTHORIZATION OF APPROPRIATIONS.
``For each fiscal year, there are authorized to be appropriated to
the Administration such sums as may be necessary for the purpose of
carrying out its functions under this Act and under chapters 95 and 96
of the Internal Revenue Code of 1986.''.
SEC. 1112. EXECUTIVE SCHEDULE POSITIONS.
(a) Executive Schedule Level III Position.--Section 5314 of title
5, United States Code, is amended by adding at the end the following:
``Chair, Federal Election Administration.''.
(b) Executive Schedule Level IV Positions.--Section 5315 of title
5, United States Code, is amended by adding at the end the following:
``Members (other than the Chair), Federal Election
Administration.
``Inspector General, Federal Election Administration.''.
SEC. 1113. GAO EXAMINATION OF ENFORCEMENT OF CAMPAIGN FINANCE LAWS BY
THE DEPARTMENT OF JUSTICE.
(a) Examination.--The Comptroller General of the United States
shall conduct a thorough examination of the enforcement of the criminal
provisions of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101 et seq.) and chapters 95 and 96 of the Internal Revenue Code of
1986 by the Attorney General.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, the Comptroller General shall submit to the Attorney General
and Congress a report on the examination conducted under subsection (a)
together with recommendations on how the Attorney General may improve
the enforcement of the criminal provisions of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101 et seq.) and chapters 95 and 96
of the Internal Revenue Code of 1986, including recommendations on the
resources that the Attorney General would require to effectively
enforce such criminal provisions.
SEC. 1114. GAO STUDY AND REPORT ON APPROPRIATE FUNDING LEVELS.
(a) Study.--The Comptroller General of the United States shall
conduct an ongoing study on the level of funding that constitutes an
adequate level of resources for the Federal Election Administration to
competently execute the responsibilities imposed on the Administration
by this Act and the amendments made by this Act.
(b) Report.--Not later than 1 year after the date of enactment of
this Act, and once every 2 years thereafter, the Comptroller General
shall submit to the Director of the Office of Management and Budget and
Congress a report on the study conducted under subsection (a) together
with recommendations for such legislation and administrative action as
the Comptroller General determines to be appropriate.
SEC. 1115. CONFORMING AMENDMENTS.
(a) Independent Agency.--Section 104 of title 5, United States
Code, is amended--
(1) in paragraph (1), by striking ``and'' after the
semicolon;
(2) in paragraph (2), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraph:
``(3) the Federal Election Administration.''.
(b) Coverage Under Inspector General Act.--Section 8G(a)(2) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking
``Federal Election Commission'' and inserting ``Federal Election
Administration''.
(c) Coverage of Personnel Under Hatch Act.--Section 7323(b) of
title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``Federal Election
Commission'' and inserting ``Federal Election Administration'';
and
(2) in paragraph (2)(B)(i)(I), by striking ``Federal
Election Commission'' and inserting ``Federal Election
Administration''.
(d) Removal of Exclusion From Senior Executive Service.--Section
3132(a)(1) of title 5, United States Code, is amended by striking
subparagraph (C) and by redesignating subparagraphs (D), (E), and (F)
as subparagraphs (C), (D), and (E), respectively.
(e) Subtitle A.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.) is amended by inserting before section
301 the following:
``Subtitle A--General Provisions''.
PART II--TRANSITION PROVISIONS
SEC. 1121. TRANSFER OF FUNCTIONS OF FEDERAL ELECTION COMMISSION.
There are transferred to the Federal Election Administration
established under section 351 of the Federal Election Campaign Act of
1971 (as added by section 1311) all functions that the Federal Election
Commission exercised before the date described in section 1326(a).
SEC. 1122. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.
(a) Property and Records.--The contracts, liabilities, records,
property, and other assets and interests of, or made available in
connection with, the offices and functions of the Federal Election
Commission which are transferred by this subtitle are transferred to
the Federal Election Administration.
(b) Personnel.--The personnel employed in connection with the
offices and functions of the Federal Election Commission which are
transferred by this subtitle are transferred to the Federal Election
Administration.
SEC. 1123. REPEALS.
(a) Provisions of the Federal Election Campaign Act of 1971.--The
following provisions of the Federal Election Campaign Act of 1971 are
repealed:
(1) Section 306 (52 U.S.C. 30106).
(2) Section 307 (52 U.S.C. 30107).
(3) Section 308 (52 U.S.C. 30108).
(4) Section 309 (52 U.S.C. 30109).
(5) Section 310 (52 U.S.C. 30110).
(6) Section 311 (52 U.S.C. 30111).
(7) Section 314 (52 U.S.C. 30115).
(8) Section 406 (52 U.S.C. 30145).
(b) Other Provisions.--Section 403 of the Bipartisan Campaign
Reform Act of 2002 (52 U.S.C. 30110 note) is repealed.
SEC. 1124. CONFORMING AMENDMENTS.
(a) Title III of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.) is amended--
(1) in section 301, by striking paragraph (10) and
inserting the following:
``(10) The term `Administration' means the Federal Election
Administration.'';
(2) by striking ``Federal Election Commission'' and
inserting ``Administration'' each place it appears; and
(3) by striking ``Commission'' and inserting
``Administration'' each place it appears.
(b) Section 3502(1)(B) of title 44, United States Code, is amended
by striking ``Federal Election Commission'' and inserting ``Federal
Election Administration''.
(c) Section 207(j)(7)(B)(i) of title 18, United States Code, is
amended by striking ``the Federal Election Commission by a former
officer or employee of the Federal Election Commission'' and inserting
``the Federal Election Administration by a former officer or employee
of the Federal Election Commission or the Federal Election
Administration''.
(d) Section 103 of the Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended--
(1) in subsection (e), by striking ``the Federal Election
Commission'' and inserting ``the Federal Election
Administration''; and
(2) in subsection (k), by striking ``the Federal Election
Commission'' and inserting ``the Federal Election
Administration''.
(e)(1) Section 9002(3) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(3) The term `Administration' means the Federal Election
Administration established under section 351 of the Federal
Election Campaign Act of 1971.''.
(2) Chapter 95 of the Internal Revenue Code of 1986 is amended by
striking ``Commission'' and inserting ``Administration'' each place it
appears.
(f)(1) Section 9032(3) of the Internal Revenue Code of 1986 is
amended to read as follows:
``(3) The term `Administration' means the Federal Election
Administration established under section 351 of the Federal
Election Campaign Act of 1971.''.
(2) Chapter 96 of the Internal Revenue Code of 1986 is amended by
striking ``Commission'' and inserting ``Administration'' each place it
appears.
(g) Section 3(c) of the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``Federal Election Commission'' and
inserting ``Federal Election Administration''; and
(B) by striking ``Commission'' and inserting
``Administration''; and
(2) in paragraph (2), by striking ``Federal Election
Commission'' and inserting ``Federal Election Administration''.
(h) Section 6(a)(9) of the Lobbying Disclosure Act 1995 (2 U.S.C.
1605(a)(9)) is amended by striking ``the Federal Election Commission''
and inserting ``the Federal Election Administration''.
SEC. 1125. TREATMENT OF CERTAIN REGULATIONS.
(a) Regulations on Disclosure of Electioneering Communications.--
(1) In general.--Effective on the date that is 90 days
after enactment of this Act, the regulations on disclosure of
electioneering communications adopted by the Federal Election
Commission and published in the Federal Register at page 419 of
volume 68 on January 3, 2003, and at page 5057 of volume 68 on
January 31, 2003, as amended at page 72913 of volume 72 on
December 26, 2007, are repealed.
(2) New regulations.--Not later than 90 days after the date
of the enactment of this Act, the Federal Election Commission
shall promulgate new regulations on disclosure of
electioneering communications under section 304(f) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)). The
regulations promulgated under this paragraph shall require the
disclosure of the identification of all persons who make a
contribution to a person who makes an electioneering
communication and shall not limit such disclosure to only to
persons who make contributions for the purpose of furthering
electioneering communications, or any similar limitation on the
scope of such disclosure.
(b) Regulations on Solicitations at Non-Federal Fundraising
Events.--
(1) In general.--Effective on the date that is 90 days
after the date of the enactment of this Act, the regulations on
participation by Federal candidates and officeholders at non-
Federal fundraising events adopted by the Federal Election
Commission and published in the Federal Register at page 24383
of volume 75 on May 5, 2010, are repealed.
(2) New regulations.--Not later than 90 days after
enactment of this Act, the Federal Election Commission shall
promulgate new regulations on participation by Federal
candidates and officeholders in non-Federal fundraising events.
The regulations shall limit the participation by Federal
candidates and officeholders in such events to attending,
speaking, or being a featured guest at a fundraising event for
a State, district, or local committee of a political party, and
shall not allow Federal candidates and officeholders to
participate in or solicit funds at any other fundraising event
where non-Federal funds are raised.
SEC. 1126. EFFECTIVE DATE.
(a) In General.--Except as provided in section 1125, this subtitle
and the amendments made by this subtitle shall take effect on the date
that is 6 months after the date of enactment of this Act.
(b) Termination of the Federal Election Commission.--
Notwithstanding any other provision of, or amendment made by, this
subtitle, the members of the Federal Election Commission shall be
removed from office on the date described in subsection (a).
Subtitle C--Lobbying Reform
SEC. 1201. LOBBYIST REGISTRATION REFORMS.
Section 3(10) of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1602(10)) is amended by striking ``contact, other than'' and all that
follows through ``3-month period.'' and inserting ``contact over a 2-
year period.''.
Subtitle D--Revolving Door Reform
SEC. 1301. SHORT TITLE.
This subtitle may be cited as the ``Financial Services Conflict of
Interest Act''.
SEC. 1302. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT
SERVICE.
Section 209 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``any salary'' and inserting ``any
bonus, salary''; and
(B) by striking ``his services'' and inserting
``services rendered or to be rendered''; and
(2) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2) For purposes of paragraph (1), a pension, retirement, group
life, health or accident insurance, profit-sharing, stock bonus, or
other employee welfare or benefit plan that makes payment of
compensation contingent on accepting a position in the Federal
Government shall not be considered bona fide.
``(3) For purposes of paragraph (2), compensation includes a
retention award or bonus, severance pay, and any other payment linked
to future service in the Federal Government in any way.''.
SEC. 1303. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR AMONG
FINANCIAL SERVICES REGULATORS.
(a) In General.--The Ethics in Government Act of 1978 (5 U.S.C.
App.) is amended by adding at the end the following:
``TITLE VI--SPECIAL REQUIREMENTS FOR FINANCIAL SERVICES REGULATORS
``SEC. 601. DEFINITIONS.
``(a) In General.--In this title, the terms `designated agency
ethics official' and `executive branch' have the meanings given such
terms under section 109.
``(b) Other Definitions.--In this title:
``(1) Covered financial services agency.--The term `covered
financial services agency'--
``(A) means a primary financial regulatory agency
(as defined in section 2 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5301));
and
``(B) includes--
``(i) the Board of Governors of the Federal
Reserve System;
``(ii) the Office of the Comptroller of the
Currency;
``(iii) the Federal Deposit Insurance
Corporation;
``(iv) the National Credit Union
Administration;
``(v) the Securities and Exchange
Commission;
``(vi) the Federal Housing Finance Agency;
``(vii) the Bureau of Consumer Financial
Protection;
``(viii) the Commodity Futures Trading
Commission; and
``(ix) the Department of the Treasury.
``(2) Covered financial services regulator.--The term
`covered financial services regulator' means an officer or
employee of a covered financial services agency who occupies--
``(A) a supervisory position classified above GS-15
of the General Schedule;
``(B) in the case of a position not under the
General Schedule, a supervisory position for which the
rate of basic pay is not less than 120 percent of the
minimum rate of basic pay for GS-15 of the General
Schedule; or
``(C) any other supervisory position determined to
be of equal classification by the Director of the
Office of Government Ethics.
``(3) Former client.--The term `former client'--
``(A) means a person for whom a covered financial
services regulator served personally as an agent,
attorney, or consultant during the 2-year period ending
on the date (after such service) on which the covered
financial services regulator begins service in the
Federal Government; and
``(B) does not include--
``(i) instances in which the service
provided was limited to a speech or similar
appearance; or
``(ii) a client of the former employer of
the covered financial services regulator to
whom the covered financial services regulator
did not personally provide such services.
``(4) Former employer.--The term `former employer'--
``(A) means a person for whom a covered financial
services regulator served as an employee, officer,
director, trustee, or general partner during the 2-year
period ending on the date (after such service) on which
the covered financial services regulator begins service
in the Federal Government; and
``(B) does not include--
``(i) an entity in the Federal Government,
including an executive branch agency;
``(ii) a State or local government;
``(iii) the District of Columbia;
``(iv) an Indian tribe, as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b); or
``(v) the government of a territory or
possession of the United States.
``SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY STANDARDS FOR
FINANCIAL SERVICES REGULATORS.
``(a) In General.--A covered financial services regulator shall not
make, participate in making, or in any way attempt to use the official
position of the covered financial services regulator to influence a
particular matter that provides a direct and substantial pecuniary
benefit for a former employer or former client of the covered financial
services regulator.
``(b) Recusal.--A covered financial services regulator shall recuse
himself or herself from any official action that would violate
subsection (a).
``(c) Waiver.--
``(1) In general.--The head of the covered financial
services agency employing a covered financial services
regulator, in consultation with the Director of the Office of
Government Ethics, may grant a written waiver of the
restrictions under subsection (a) if, and to the extent that,
the head of the covered financial services agency certifies in
writing that--
``(A) the application of the restriction to the
particular matter is inconsistent with the purposes of
the restriction; or
``(B) it is in the public interest to grant the
waiver.
``(2) Publication.--The Director of the Office of
Government Ethics shall make each waiver under paragraph (1)
publicly available on the Web site of the Office of Government
Ethics.
``SEC. 603. NEGOTIATING FUTURE PRIVATE SECTOR EMPLOYMENT.
``(a) Prohibition.--Except as provided in subsection (c), and
notwithstanding any other provision of law, a covered financial
services regulator may not participate in any particular matter which
involves, to the knowledge of the covered financial services regulator,
an individual or entity with whom the covered financial services
regulator is in negotiations of future employment or has an arrangement
concerning prospective employment.
``(b) Disclosure of Employment Negotiations.--
``(1) In general.--If a covered financial services
regulator begins any negotiations of future employment with
another person, or an agent or intermediary of another person,
or other discussion or communication with another person, or an
agent or intermediary of another person, mutually conducted
with a view toward reaching an agreement regarding possible
employment of the covered financial services regulator, the
covered financial services regulator shall notify the
designated agency ethics official of the covered financial
services agency employing the covered financial services
regulator regarding the negotiations, discussions, or
communications.
``(2) Information.--A designated agency ethics official
receiving notice under paragraph (1), after consultation with
the Director of the Office of Government Ethics, shall inform
the covered financial services regulator of any potential
conflicts of interest involved in any negotiations,
discussions, or communications with the other person and the
prohibitions applicable.
``(c) Waivers Only When Exceptional Circumstances Exist.--
``(1) In general.--The head of a covered financial services
agency may only grant a waiver of subsection (a) if the head
determines that exceptional circumstances exist.
``(2) Review and publication.--For any waiver granted under
paragraph (1), the Director of the Office of Government Ethics
shall--
``(A) review the circumstances relating to the
waiver and the determination that exceptional
circumstances exist; and
``(B) make the waiver publicly available on the Web
site of the Office of Government Ethics, which shall
include--
``(i) the name of the private person or
persons involved in the negotiations or
arrangement concerning prospective employment;
and
``(ii) the date on which the negotiations
or arrangements commenced.
``(d) Scope.--For purposes of this section, the term `negotiations
of future employment' is not limited to discussions of specific terms
or conditions of employment in a specific position.
``SEC. 604. RECORDKEEPING.
``The Director of the Office of Government Ethics shall--
``(1) receive all employment histories, recusal and waiver
records, and other disclosure records for covered executive
branch officials necessary for monitoring compliance to this
title;
``(2) promulgate rules and regulations, in consultation
with the Director of the Office of Personnel Management and the
Attorney General, for implementation of this title;
``(3) provide guidance and assistance where appropriate to
facilitate compliance with this title;
``(4) review and, where necessary, assist designated agency
ethics officers in providing advice to covered financial
services regulators regarding compliance with this title; and
``(5) if the Director determines that a violation of this
title may have occurred, and in consultation with the
designated agency ethics officer and the Counsel to the
President, refer the compliance case to the United States
Attorney for the District of Columbia for enforcement action.
``SEC. 605. PENALTIES AND INJUNCTIONS.
``(a) Criminal Penalties.--
``(1) In general.--Any person who violates section 602 or
603 shall be fined under title 18, United States Code,
imprisoned for not more than 1 year, or both.
``(2) Willful violations.--Any person who willfully
violates section 602 or 603 shall be fined under title 18,
United States Code, imprisoned for not more than 5 years, or
both.
``(b) Civil Enforcement.--
``(1) In general.--The Attorney General may bring a civil
action in the appropriate United States district court against
any person who violates, or who the Attorney General has reason
to believe is engaging in conduct that violates, section 602 or
603.
``(2) Civil penalty.--
``(A) In general.--Upon proof by a preponderance of
the evidence that a person violated section 602 or 603,
the court shall impose a civil penalty of not more than
the greater of--
``(i) $100,000 for each violation; or
``(ii) the amount of compensation the
person received or was offered for the conduct
constituting the violation.
``(B) Rule of construction.--A civil penalty under
this subsection shall be in addition to any other
criminal or civil statutory, common law, or
administrative remedy, available to the United States
or any other person.
``(3) Injunctive relief.--
``(A) In general.--In a civil action brought under
paragraph (1) against a person, the Attorney General
may petition the court for an order prohibiting the
person from engaging in conduct that violates section
602 or 603. The court may issue such an order if the
court finds by a preponderance of the evidence that the
conduct of the person violates section 602 or 603.
``(B) Rule of construction.--The filing of a
petition seeking injunctive relief under this paragraph
shall not preclude any other remedy which is available
by law to the United States or any other person.''.
SEC. 1304. PROHIBITION OF PROCUREMENT OFFICERS ACCEPTING EMPLOYMENT
FROM GOVERNMENT CONTRACTORS.
(a) Expansion of Prohibition on Acceptance by Former Officials of
Compensation From Contractors.--Section 2104 of title 41, United States
Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``or consultant'' and
inserting ``consultant, lawyer, or lobbyist'';
and
(ii) by striking ``one year'' and inserting
``2 years''; and
(B) in paragraph (3), by striking ``personally made
for the Federal agency'' and inserting ``participated
personally and substantially in''; and
(2) by amending subsection (b) to read as follows:
``(b) Prohibition on Compensation From Affiliates and
Subcontractors.--A former official responsible for a Government
contract referred to in paragraph (1), (2), or (3) of subsection (a)
shall be prohibited from accepting compensation for two years after
awarding such contract from any division, affiliate, or subcontractor
of the contractor.''.
(b) Requirement for Procurement Officers To Disclose Job Offers
Made on Behalf of Relatives.--Section 2103(a) of title 41, United
States Code, is amended in the matter preceding paragraph (1) by
inserting after ``that official'' the following: ``, or for a relative
(as defined in section 3110 of title 5) of that official,''.
(c) Requirement on Award of Government Contracts to Former
Employers.--
(1) In general.--Chapter 21 of title 41, United States
Code, is amended by adding at the end the following:
``Sec. 2108. Prohibition on involvement by certain former contractor
employees in procurements
``An employee of the Federal Government may not be personally and
substantially involved with any award of a contract to, or the
administration of a contract awarded to, a contractor that is a former
employer of the employee during the 2-year period beginning on the date
on which the employee leaves the employment of the contractor.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 21 of title 41, United States Code, is
amended by adding at the end the following:
``2108. Prohibition on involvement by certain former contractor
employees in procurements.''.
(d) Regulations.--The Administrator for Federal Procurement Policy
and the Director of the Office of Management and Budget shall--
(1) in consultation with the Director of the Office of
Personnel Management and the Counsel to the President,
promulgate regulations to carry out and ensure the enforcement
of chapter 21 of title 41, United States Code, as amended by
this section; and
(2) in consultation with designated agency ethics officers
(as defined under section 601 of the Ethics in Government Act
of 1978 (5 U.S.C. App.)), monitor compliance with such chapter
by individuals and agencies.
SEC. 1305. REVOLVING DOOR RESTRICTIONS ON FINANCIAL SERVICES REGULATORS
MOVING INTO THE PRIVATE SECTOR.
(a) In General.--Section 207 of title 18, United States Code, is
amended--
(1) by redesignating subsections (e) through (l) as
subsections (f) through (m), respectively; and
(2) by inserting after subsection (d) the following:
``(e) Restrictions on Employment for Financial Services
Regulators.--
``(1) In general.--In addition to the restrictions set
forth in subsections (a), (b), (c), and (d), a covered
financial services regulator shall not--
``(A) during the 2-year period beginning on the
date his or her employment as a covered financial
services regulator ceases--
``(i) knowingly act as agent or attorney
for, or otherwise represent, any other person
for compensation (except the United States) in
any formal or informal appearance before;
``(ii) with the intent to influence, make
any oral or written communication on behalf of
any other person (except the United States) to;
or
``(iii) knowingly aid, advise, or assist
in--
``(I) representing any other person
(except the United States) in any
formal or informal appearance before;
or
``(II) making, with the intent to
influence, any oral or written
communication on behalf of any other
person (except the United States) to,
any court of the United States, or any officer or
employee thereof, in connection with any judicial or
other proceeding, which was actually pending under his
or her official responsibility as a covered financial
services regulator during the 1-year period ending on
the date his or her employment as a covered financial
services regulator ceases or in which he or she
participated personally and substantially as a covered
financial services regulator; or
``(B) during the 2-year period beginning on the
date his or her employment as a covered financial
services regulator ceases--
``(i) knowingly act as a lobbyist or agent
for, or otherwise represent, any other person
for compensation (except the United States) in
any formal or informal appearance before;
``(ii) with the intent to influence, make
any oral or written communication or conduct
any lobbying activities on behalf of any other
person (except the United States) to; or
``(iii) knowingly aid, advise, or assist
in--
``(I) representing any other person
(except the United States) in any
formal or informal appearance before;
or
``(II) making, with the intent to
influence, any oral or written
communication or conduct any lobbying
activities on behalf of any other
person (except the United States) to,
any department or agency of the executive branch or
Congress (including any committee of Congress), or any
officer or employee thereof, in connection with any
matter which is pending before the department, agency,
or Congress.
``(2) Penalty.--Any person who violates paragraph (1) shall
be punished as provided in section 216.
``(3) Definitions.--In this subsection--
``(A) the term `covered financial services
regulator' has the meaning given that term under
section 601 of the Ethics in Government Act of 1978 (5
U.S.C. App.); and
``(B) the terms `lobbyist' and `lobbying
activities' have the meanings given such terms in
section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1602).''.
(b) Technical and Conforming Amendments.--
(1) Section 103(a) of the Honest Leadership and Open
Government Act of 2007 (2 U.S.C. 4702(a)) is amended by
striking ``section 207(e)'' each place it appears and inserting
``section 207(f)''.
(2) Section 207 of title 18, United States Code, as amended
by subsection (a), is amended--
(A) in subsection (g), as so redesignated, by
striking ``or (e)'' and inserting ``or (f)'';
(B) in subsection (j)(1)(B), as so redesignated, by
striking ``subsection (f)'' and inserting ``subsection
(g)''; and
(C) in subsection (k), as so redesignated--
(i) in paragraph (2), in the matter
preceding subparagraph (A), by striking ``and
(e)'' and inserting ``(e), and (f)'';
(ii) in paragraph (4), by striking ``and
(e)'' and inserting ``(e), and (f)''; and
(iii) in paragraph (7)--
(I) in subparagraph (A), by
striking ``and (e)'' and inserting
``(e), and (f)''; and
(II) in subparagraph (B)(ii), in
the matter preceding subclause (I), by
striking ``subsections (c), (d), or
(e)'' and inserting ``subsection (c),
(d), (e), or (f)''.
(3) Section 141(b)(3) of the Trade Act of 1974 (19 U.S.C.
2171(b)(3)) is amended by striking ``section 207(f)(3)'' and
inserting ``207(g)(3)''.
(4) Section 7802(b)(3)(B) of the Internal Revenue Code of
1986 is amended by striking ``and (f) of section 207'' and
inserting ``and (g) of section 207''.
(5) Section 106(p)(6)(I)(ii) of title 49, United States
Code, is amended by striking ``and (f) of section 207'' and
inserting ``and (g) of section 207''.
SEC. 1306. RESTRICTIONS ON FEDERAL EXAMINERS AND SUPERVISORS OF
FINANCIAL INSTITUTIONS.
(a) In General.--Section 10(k) of the Federal Deposit Insurance Act
(12 U.S.C. 1820(k)) is amended--
(1) in the subsection heading--
(A) by striking ``One-Year'' and inserting ``Two-
Year''; and
(B) by striking ``Examiners'' and inserting
``Examiners and Supervisors'';
(2) in paragraph (1)--
(A) by striking subparagraph (B) and inserting the
following:
``(B) served--
``(i) not less than 2 months during the
final 12 months of the employment of the person
with such agency or entity as the senior
examiner (or a functionally equivalent
position) of a depository institution or
depository institution holding company with
continuing, broad responsibility for the
examination (or inspection) of that depository
institution or depository institution holding
company on behalf of the relevant agency or
Federal reserve bank; or
``(ii) as a supervisor of the senior
examiner with responsibility for managing the
oversight of not more than 5 depository
institutions or depository institution holding
companies on behalf of the relevant agency or
Federal reserve bank; and''; and
(B) in subparagraph (C)--
(i) in the matter preceding clause (i), by
striking ``1 year'' and inserting ``2 years'';
(ii) in clause (i), by striking ``or'' and
inserting a semicolon;
(iii) in clause (ii), by striking the
period at the end and inserting a semicolon;
and
(iv) by adding at the end the following:
``(iii) a business entity, firm, or
association that represents the depository
institution or depository institution holding
company for compensation.'';
(3) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(4) by inserting after paragraph (1) the following:
``(2) Application of penalties for supervisors.--A
supervisor of a large financial service regulatory agency or a
supervisor of a senior examiner shall be subject to the
penalties described in paragraph (7) if the supervisor of the
senior examiner or the senior examiner knowingly accepts
compensation during the period beginning on the date on which
the service of the supervisor or senior examiner is terminated
and ending on the date that is 2 years after the date on which
the service on which the service of the supervisor or senior
examiner is terminated--
``(A) as--
``(i) an employee;
``(ii) an officer;
``(iii) a director; or
``(iv) a consultant; and
``(B) from--
``(i) a depository institution;
``(ii) a depository institution holding
company that is designated by the Financial
Stability Oversight Council as a systemically
important financial market utility under
section 804 of the Payment, Clearing, and
Settlement Supervision Act of 2010 (12 U.S.C.
5463); or
``(iii) a business entity, firm, or
association that represents an institution
described in clause (ii) for compensation.'';
(5) in paragraph (4), as so redesignated, by striking ``or
other company.'' and inserting ``or other company, firm, or
association.''; and
(6) in the matter preceding clause (i) of subparagraph (A)
of paragraph (7), as so redesignated, by striking ``other
company'' and inserting ``other company, firm, or
association''.
(b) Technical and Conforming Amendments.--Section 10(k) of the
Federal Deposit Insurance Act (12 U.S.C. 1820(k)) is amended--
(1) in paragraph (1), by striking ``paragraph (6)'' and
inserting ``paragraph (7)'';
(2) in paragraph (5)(A), as so redesignated, by inserting
``and paragraph (2)'' before the period at the end; and
(3) in paragraph (7), as so redesignated--
(A) in subparagraph (A)--
(i) by striking ``subject to paragraph
(1)'' and inserting ``subject to paragraph (1)
or (2)''; and
(ii) by striking ``paragraph (1)(C)'' and
inserting ``paragraph (1)(C) or paragraph
(2)''; and
(B) in subparagraph (C)--
(i) by striking ``person described in
paragraph (1)'' and inserting ``person
described in paragraph (1) or (2)''; and
(ii) by inserting ``paragraph (2)'' before
the period at the end.
Subtitle E--Addressing Conflicts of Interest
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the ``Presidential Conflicts of
Interest Act of 2017''.
SEC. 1402. DIVESTITURE OF PERSONAL FINANCIAL INTERESTS OF THE PRESIDENT
AND VICE PRESIDENT THAT POSE A POTENTIAL CONFLICT OF
INTEREST.
(a) Definitions.--
(1) In general.--In this section--
(A) the term ``conflict-free holding'' means a
financial interest described in section 102(f)(8) of
the Ethics in Government Act of 1978 (5 U.S.C. App.);
(B) the term ``financial interest posing a
potential conflict of interest'' means a financial
interest of the President, the Vice President, the
spouse of the President or Vice President, or a minor
child of the President or Vice President, as
applicable, that--
(i) would constitute a financial interest
described in subsection (a) of section 208 of
title 18, United States Code--
(I) if--
(aa) for purposes of such
section 208, the terms
``officer'' and ``employee''
included the President and the
Vice President; and
(bb) the President or Vice
President, as applicable,
participated as described in
subsection (a) of such section
208 in relation to such
financial interest; and
(II) determined without regard to
any exception under subsection (b) of
such section 208; or
(ii) may constitute a present, emolument,
office, or title, of any kind whatever, from
any king, prince, or foreign state (including
from an entity owned or controlled by a foreign
government), within the meaning of article I,
section 9 of the Constitution of the United
States;
(C) the term ``qualified blind trust'' has the
meaning given that term in section 102(f)(3) of the
Ethics in Government Act of 1978 (5 U.S.C. App.),
unless otherwise specified in this Act; and
(D) the term ``tax return''--
(i) means any Federal income tax return and
any amendment or supplement thereto, including
supporting schedules, attachments, or lists
which are supplemental to, or part of, the
return for the taxable year; and
(ii) includes any information return that
reports information that does or may affect the
liability for tax for the taxable year.
(2) Applicability of ethics in government act of 1978.--For
purposes of the definition of ``qualified blind trust'' in this
section, the term ``supervising ethics officer'' in section
102(f)(3) of the Ethics in Government Act of 1978 (5 U.S.C.
App.) means the Director of the Office of Government Ethics.
(b) Initial Financial Disclosure.--
(1) Submission of disclosure.--
(A) In general.--Not later than 30 days after
assuming the office of President or Vice President,
respectively, the President and Vice President shall
submit to Congress and the Director of the Office of
Government Ethics a disclosure of financial interests.
(B) Application to sitting president and vice
president.--For any individual who is serving as the
President or Vice President on the date of enactment of
this Act, the disclosure of financial interests shall
be submitted to Congress and the Director of the Office
of Government Ethics not later than 30 days after the
date of enactment of this Act.
(2) Contents.--
(A) President.--The disclosure of financial
interests submitted under paragraph (1) by the
President shall--
(i) describe in detail each financial
interest of the President, the spouse of the
President, or a minor child of the President;
(ii) at a minimum, include the information
relating to each such financial interest that
is required for reports under section 102 of
the Ethics in Government Act of 1978 (5 U.S.C.
App.); and
(iii) include the tax returns filed by or
on behalf of the President for--
(I) the 3 most recent taxable
years; and
(II) each taxable year for which an
audit of the return by the Internal
Revenue Service is pending on the date
the report is filed.
(B) Vice president.--The disclosure of financial
interests submitted under paragraph (1) by the Vice
President shall--
(i) describe in detail each financial
interest of the Vice President, the spouse of
the Vice President, or a minor child of the
Vice President;
(ii) at a minimum, include the information
relating to each such financial interest that
is required for reports under section 102 of
the Ethics in Government Act of 1978 (5 U.S.C.
App.); and
(iii) include the tax returns filed by or
on behalf of the Vice President for--
(I) the 3 most recent taxable
years; and
(II) each taxable year for which an
audit of the return by the Internal
Revenue Service is pending on the date
the report is filed.
(c) Divestiture of Financial Interests Posing a Potential Conflict
of Interest.--
(1) In general.--The President, the Vice President, the
spouse of the President or Vice President, and any minor child
of the President or Vice President shall divest of any
financial interest posing a potential conflict of interest by
transferring such interest to a qualified blind trust.
(2) Trustee duties.--Within a reasonable period of time
after the date a financial interest is transferred to a
qualified blind trust under paragraph (1), the trustee of the
qualified blind trust shall--
(A) sell the financial interest; and
(B) use the proceeds of the sale of the financial
interest to purchase conflict-free holdings.
(d) Review by Office of Government Ethics.--
(1) In general.--The Director of the Office of Government
Ethics shall submit to Congress, the President, and the Vice
President an annual report regarding the financial interests of
the President, the Vice President, the spouse of the President
or Vice President, and any minor child of the President or Vice
President.
(2) Contents.--Each report submitted under paragraph (1)
shall--
(A) indicate whether any financial interest of the
President, the Vice President, the spouse of the
President or Vice President, or a minor child of the
President or Vice President is a financial interest
posing a potential conflict of interest;
(B) evaluate whether any previously held financial
interest of the President, the Vice President, the
spouse of the President or Vice President, or a minor
child of the President or Vice President that was a
financial interest posing a potential conflict of
interest was divested in accordance with subsection
(c); and
(C) redact such information as the Director of the
Office of Government Ethics determines necessary for
preventing identity theft, such as Social Security
numbers or taxpayer identification numbers.
(e) Enforcement.--
(1) In general.--The Attorney General, the attorney general
of any State, or any person aggrieved by any violation of
subsection (c) may seek declaratory or injunctive relief in a
court of competent jurisdiction if--
(A) the Director of the Office of Government Ethics
is unable to issue a report indicating whether the
President or the Vice President is in substantial
compliance with subsection (c); or
(B) there is probable cause to believe that the
President or the Vice President has not complied with
subsection (c).
(2) Fair market value.--In granting injunctive relief to
the plaintiff, the court shall ensure that any divestment
procedure shall ensure the fair market return for any asset
that is liquidated.
SEC. 1403. RECUSAL OF APPOINTEES.
Section 208 of title 18, United States Code, is amended by adding
at the end the following:
``(e)(1) Any officer or employee appointed by the President shall
recuse himself or herself from any particular matter involving specific
parties in which a party to that matter is--
``(A) the President who appointed the officer or employee,
which shall include any entity in which the President has a
substantial interest; or
``(B) the spouse of the President who appointed the officer
or employee, which shall include any entity in which the spouse
of the President has a substantial interest.
``(2)(A) Subject to subparagraph (B), if an officer or employee is
recused under paragraph (1), a career appointee in the agency of the
officer or employee shall perform the functions and duties of the
officer or employee with respect to the matter.
``(B)(i) In this subparagraph, the term `Commission' means a board,
commission, or other agency for which the authority of the agency is
vested in more than 1 member.
``(ii) If the recusal of a member of a Commission from a matter
under paragraph (1) would result in there not being a statutorily
required quorum of members of the Commission available to participate
in the matter, notwithstanding such statute or any other provision of
law, the members of the Commission not recused under paragraph (1)
may--
``(I) consider the matter without regard to the quorum
requirement under such statute;
``(II) delegate the authorities and responsibilities of the
Commission with respect to the matter to a subcommittee of the
Commission; or
``(III) designate an officer or employee of the Commission
who was not appointed by the President who appointed the member
of the Commission recused from the matter to exercise the
authorities and duties of the recused member with respect to
the matter.
``(3) Any officer or employee who negligently violates paragraph
(1) shall be subject to the penalties set forth in section 216.
``(4) For purposes of this section, the term `particular matter'
shall have the meaning given the term in section 207(i).''.
SEC. 1404. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT.
(a) Amendment.--Section 431 of title 18, United States Code, is
amended--
(1) in the section heading, by inserting ``the President,
Vice President, or a'' after ``Contracts by''; and
(2) in the first undesignated paragraph, by inserting ``the
President or Vice President,'' after ``Whoever, being''.
(b) Table of Sections Amendment.--The table of sections for chapter
23 of title 18, United States Code, is amended by striking the item
relating to section 431 and inserting the following:
``431. Contracts by the President, Vice President, or a Member of
Congress.''.
SEC. 1405. PRESIDENTIAL TAX TRANSPARENCY.
(a) In General.--Title I of the Ethics in Government Act of 1978 (5
U.S.C. App.) is amended--
(1) by inserting after section 102 the following:
``SEC. 102A. DISCLOSURE OF TAX RETURNS.
``(a) Definitions.--In this section--
``(1) the term `covered candidate' means an individual--
``(A) required to file a report under section
101(c); and
``(B) who is nominated by a major party as a
candidate for the office of President;
``(2) the term `covered individual' means--
``(A) a President required to file a report under
subsection (a) or (d) of section 101; and
``(B) an individual who occupies the office of the
President required to file a report under section
101(e);
``(3) the term `major party' has the meaning given the term
in section 9002 of the Internal Revenue Code of 1986; and
``(4) the term `income tax return' means, with respect to
any covered candidate or covered individual, any return (within
the meaning of section 6103(b) of the Internal Revenue Code of
1986) related to Federal income taxes, but does not include--
``(A) information returns issued to persons other
than such covered candidate or covered individual; and
``(B) declarations of estimated tax.
``(b) Disclosure.--
``(1) Covered individuals.--
``(A) In general.--In addition to the information
described in subsections (a) and (b) of section 102, a
covered individual shall include in each report
required to be filed under this title a copy of the
income tax returns of the covered individual for the 3
most recent taxable years for which a return have been
filed with the Internal Revenue Service as of the date
on which the report is filed.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A), the Director
of the Office of Government Ethics shall submit to the
Secretary of the Treasury a request that the Secretary
of the Treasury provide the Director of the Office of
Government Ethics with a copy of the income tax return.
``(C) Publicly available.--Each income tax return
submitted under this paragraph shall be filed with the
Director of the Office of Government Ethics and made
publicly available in the same manner as the
information described in subsections (a) and (b) of
section 102.
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Director of the
Office of Government Ethics shall redact such
information as the Director of the Office of Government
Ethics, in consultation with the Secretary of the
Treasury (or a delegate of the Secretary), determines
appropriate.
``(2) Candidates.--
``(A) In general.--Not later than 15 days after the
date on which a covered candidate is nominated, the
covered candidate shall amend the report filed by the
covered candidate under section 101(c) with the Federal
Election Commission to include a copy of the income tax
returns of the covered candidate for the 3 most recent
taxable years for which a return has been filed with
the Internal Revenue Service.
``(B) Failure to disclose.--If an income tax return
is not disclosed under subparagraph (A) the Federal
Election Commission shall submit to the Secretary of
the Treasury a request that the Secretary of the
Treasury provide the Federal Election Commission with
the income tax return.
``(C) Publicly available.--Each income tax return
submitted under this paragraph shall be filed with the
Federal Election Commission and made publicly available
in the same manner as the information described in
section 102(b).
``(D) Redaction of certain information.--Before
making any income tax return submitted under this
paragraph available to the public, the Federal Election
Commission shall redact such information as the Federal
Election Commission, in consultation with the Secretary
of the Treasury (or a delegate of the Secretary) and
the Director of the Office of Government Ethics,
determines appropriate.
``(3) Special rule for sitting presidents.--Not later than
30 days after the date of enactment of this section, the
President shall submit to the Director of the Office of
Government Ethics a copy of the income tax returns described in
paragraph (1)(A).''; and
(2) in section 104--
(A) in subsection (a)--
(i) in paragraph (1), in the first
sentence, by inserting ``or any individual who
knowingly and willfully falsifies or who
knowingly and willfully fails to file an income
tax return that such individual is required to
disclose pursuant to section 102A'' before the
period; and
(ii) in paragraph (2)(A)--
(I) in clause (i), by inserting
``or falsify any income tax return that
such person is required to disclose
under section 102A'' before the
semicolon; and
(II) in clause (ii), by inserting
``or fail to file any income tax return
that such person is required to
disclosed under section 102A'' before
the period;
(B) in subsection (b), in the first sentence by
inserting ``or willfully failed to file or has
willfully falsified an income tax return required to be
disclosed under section 102A'' before the period;
(C) in subsection (c), by inserting ``or failing to
file or falsifying an income tax return required to be
disclosed under section 102A'' before the period; and
(D) in subsection (d)(1)--
(i) in the matter preceding subparagraph
(A), by inserting ``or files an income tax
return required to be disclosed under section
102A'' after ``title''; and
(ii) in subparagraph (A), by inserting ``or
such income tax return, as applicable,'' after
``report''.
(b) Authority To Disclose Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(23) Disclosure of return information of presidents and
certain presidential candidates.--
``(A) Disclosure of returns of presidents.--
``(i) In general.--The Secretary shall,
upon written request from the Director of the
Office of Government Ethics pursuant to section
102A(b)(1)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Office of Government Ethics a copy of any
income tax return of the President which is
required to be filed under section 102A of such
Act.
``(ii) Disclosure to public.--The Director
of the Office of Government Ethics may disclose
to the public the income tax return of any
President which is required to be filed with
the Director pursuant to section 102A of the
Ethics in Government Act of 1978.
``(B) Disclosure of returns of certain candidates
for president.--
``(i) In general.--The Secretary shall,
upon written request from the Chairman of the
Federal Election Commission pursuant to section
102A(b)(2)(B) of the Ethics in Government Act
of 1978, provide to officers and employees of
the Federal Election Commission copies of the
applicable returns of any person who has been
nominated as a candidate of a major party (as
defined in section 9002(a)) for the office of
President.
``(ii) Disclosure to public.--The Federal
Election Commission may disclose to the public
applicable returns of any person who has been
nominated as a candidate of a major party (as
defined in section 9002(6)) for the office of
President and which is required to be filed
with the Commission pursuant to section 102A of
the Ethics in Government Act.
``(C) Applicable returns.--For purposes of this
paragraph, the term `applicable returns' means, with
respect to any candidate for the office of President,
income tax returns for the 3 most recent taxable years
for which a return has been filed as of the date of the
nomination.''.
(2) Conforming amendments.--Section 6103(p)(4) of such
Code, in the matter preceding subparagraph (A) and in
subparagraph (F)(ii), is amended by striking ``or (22)'' and
inserting ``(22), or (23)'' each place it appears.
SEC. 1406. SENSE OF CONGRESS REGARDING VIOLATIONS.
It is the sense of Congress that a violation of section 1402 of
this Act or the Ethics in Government Act of 1978 (5 U.S.C. App.) by the
President or the Vice President would constitute a high crime or
misdemeanor under article II, section 4 of the Constitution of the
United States.
SEC. 1407. RULE OF CONSTRUCTION.
Nothing in this subtitle or an amendment made by this subtitle
shall be construed to violate the Constitution of the United States.
Subtitle F--Public Access to Visitor Logs
SEC. 1501. SHORT TITLE.
This subtitle may be cited as the ``Making Access Records Available
to Lead American Government Openness Act'' or the ``MAR-A-LAGO Act''.
SEC. 1502. FINDINGS.
Congress finds the following:
(1) Beginning in 2009, the Obama administration instituted
a policy to release the visitor access records for the White
House complex.
(2) This policy was responsible for making public the names
of nearly 6,000,000 visitors to the White House in the 8 years
of the Obama administration.
(3) This policy provided the people of the United States
with insight into who influences the White House and
transparency regarding efforts by lobbyists to effect policies,
legislation, and Presidential actions.
(4) To date, the Trump administration has not indicated
whether it will continue the policy of publicly releasing White
House visitor access records.
(5) Since taking office on January 20, 2017, President
Trump has conducted official business not only in the White
House, but also at several of his privately owned clubs and
resorts.
(6) President Trump's Mar-a-Lago Club in Palm Beach,
Florida, has been dubbed the ``Winter White House'' and the
``Southern White House''.
(7) President Trump has spent 5 of his first 9 weekends in
office at Mar-a-Lago.
(8) Mar-a-Lago is a private membership facility open to
members, their guests, and others who have been invited as
guests for special events.
(9) Visitors to Mar-a-Lago do not undergo the same
background checks as White House visitors and visitor access
records to the club have not been released to the public.
(10) The President has conducted official business and
hosted international leaders at Mar-a-Lago.
(11) Media reports have shown President Trump and members
of his Cabinet at Mar-a-Lago and nearby Trump International
Golf Club interacting with members and guests, providing access
unavailable to the general public.
(12) President Trump owns many other properties that offer
similar amenities and membership-only access where he is likely
to conduct official business during his term in office.
(13) On March 11, 2017, President Trump hosted several
members of his Cabinet at his Trump National Golf Club in
Potomac Falls, Virginia, to discuss homeland security, health
care, and the economy according to media reports.
(14) Media reports have indicated that the President may
use his Bedminster, New Jersey, resort as a ``Summer White
House''.
(15) The people of the United States expect and deserve
transparency in government. The policy to release visitor
access records instituted by the previous administration
appropriately balanced transparency with the need for
confidentiality in government actions.
(16) To the extent Mar-a-Lago and any other private
facilities become locations where the President conducts
business and interacts with individuals who are not government
officials, the same disclosures should apply.
SEC. 1503. IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS.
(a) Definitions.--In this section:
(1) Covered location.--The term ``covered location''
means--
(A) the White House;
(B) the residence of the Vice President; and
(C) any other location at which the President or
the Vice President regularly conducts official
business.
(2) Covered records.--The term ``covered records'' means
information relating to a visit at a covered location, which
shall include--
(A) the name of each visitor at the covered
location;
(B) the name of each individual with whom each
visitor described in subparagraph (A) met at the
covered location; and
(C) the purpose of the visit.
(b) Requirement.--Except as provided in subsection (c), not later
than 30 days after the date of enactment of this Act, the President
shall establish, and update every 90 days, a publicly available
database that contains covered records for the preceding 90-day period.
(c) Exceptions.--
(1) In general.--The President shall not include in the
database established under subsection (b) any covered record--
(A) the posting of which would implicate personal
privacy or law enforcement concerns or threaten
national security; or
(B) relating to a purely personal guest at a
covered location.
(2) Sensitive meetings.--With respect to a particularly
sensitive meeting at a covered location, the President shall--
(A) include the number of visitors at the covered
location in the database established under subsection
(b); and
(B) post the applicable covered records in the
database established under subsection (b) when the
President determines that release of the covered
records is no longer sensitive.
Subtitle G--Requiring Individuals Nominated or Appointed to Certain
Positions To Disclose Certain Types of Contributions
SEC. 1601. SHORT TITLE.
This subtitle may be cited as the ``Conflicts from Political
Fundraising Act of 2017''.
SEC. 1602. FINDINGS.
Congress finds the following:
(1) Public confidence in the Federal Government is based on
the expectation that officers and employees will discharge
their duties impartially, and avoid either actual conflicts of
interest or the appearance thereof.
(2) The risk of an actual conflict of interest, or the
appearance thereof, arises when a nominee or appointee to a
Senate-confirmed position or an individual in a position of a
confidential or policymaking character has previously donated
to, solicited for, or received funds from a political action
committee or entity organized under section 501(c)(4) or
section 501(c)(6) of the Internal Revenue Code of 1986.
(3) Since the 2010 decision by the Supreme Court of the
United States in Citizens United v. Federal Election
Commission, spending by corporations subject to Federal laws
and regulations has increased dramatically.
(4) While some corporate political spending is done
publicly, contributions to entities organized under section
501(c)(4) of the Internal Revenue Code of 1986 need not be
disclosed, making this spending effectively anonymous. The risk
of an actual conflict of interest, or the appearance thereof,
arises whether political spending is public or anonymous.
(5) Current financial disclosure requirements do not
require filers to report funds they have donated to, solicited
for, or received from political action committees or entities
organized under section 501(c)(4) or section 501(c)(6) of the
Internal Revenue Code of 1986.
(6) Apparent or actual conflicts of interest are best
ameliorated through public disclosure of this activity to the
Office of Government Ethics so the apparent or actual conflicts
can be addressed in ethics agreements negotiated between the
filer and the agency in which the filer will serve.
SEC. 1603. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS.
(a) Definitions.--Section 109 of the Ethics in Government Act of
1978 (5 U.S.C. App.) is amended--
(1) by redesignating paragraphs (2) through (19) as
paragraphs (5) through (22), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) `covered contribution' means a payment, advance,
forbearance, rendering, or deposit of money, or any thing of
value--
``(A)(i) that--
``(I) is--
``(aa) made by or on behalf of a
covered individual; or
``(bb) solicited in writing by or
on behalf of a covered individual; and
``(II) is made--
``(aa) to a political organization,
as defined in section 527 of the
Internal Revenue Code of 1986; or
``(bb) to an organization--
``(AA) that is described in
paragraph (4) or (6) of section
501(c) of the Internal Revenue
Code of 1986 and exempt from
tax under section 501(a) of
such Code; and
``(BB) that promotes or
opposes changes in Federal laws
or regulations that are (or
would be) administered by the
agency in which the covered
individual has been nominated
for appointment to a covered
position or is serving in a
covered position; or
``(ii) that is--
``(I) solicited in writing by or on behalf
of a covered individual; and
``(II) made--
``(aa) by an individual or entity
the activities of which are subject to
Federal laws or regulations that are
(or would be) administered by the
agency in which the covered individual
has been nominated for appointment to a
covered position or is serving in a
covered position; and
``(bb) to--
``(AA) a political
organization, as defined in
section 527 of the Internal
Revenue Code of 1986; or
``(BB) an organization that
is described in paragraph (4)
or (6) of section 501(c) of the
Internal Revenue Code of 1986
and exempt from tax under
section 501(a) of such Code;
and
``(B) that is made to an organization described in
item (aa) or (bb) of clause (i)(II) or clause
(ii)(II)(bb) of subparagraph (A) for which the total
amount of such payments, advances, forbearances,
renderings, or deposits of money, or any thing of
value, during the calendar year in which it is made is
not less than the contribution limitation in effect
under section 315(a)(1)(A) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for
elections occurring during such calendar year;
``(3) `covered individual' means an individual who has been
nominated or appointed to a covered position; and
``(4) `covered position'--
``(A) means--
``(i) a position described under sections
5312 through 5316 of title 5, United States
Code;
``(ii) a position placed in level IV or V
of the Executive Schedule under section 5317 of
title 5, United States Code;
``(iii) a position as a limited term
appointee, limited emergency appointee, or
noncareer appointee in the Senior Executive
Service, as defined under paragraphs (5), (6),
and (7), respectively, of section 3132(a) of
title 5, United States Code; and
``(iv) a position in the executive branch
of the Government of a confidential or policy-
determining character under schedule C of
subpart C of part 213 of title 5 of the Code of
Federal Regulations; and
``(B) does not include a position if the individual
serving in the position has been excluded from the
application of section 101(f)(5);''.
(b) Disclosure Requirements.--The Ethics in Government Act of 1978
(5 U.S.C. App.) is amended--
(1) in section 101--
(A) in subsection (a)--
(i) by inserting ``(1)'' before ``Within'';
(ii) by striking ``unless'' and inserting
``and, if the individual is assuming a covered
position, the information described in section
102(j), except that, subject to paragraph (2),
the individual shall not be required to file a
report if''; and
(iii) by adding at the end the following:
``(2) If an individual has left a position described in subsection
(f) that is not a covered position and, within 30 days, assumes a
position that is a covered position, the individual shall, within 30
days of assuming the covered position, file a report containing the
information described in section 102(j)(2)(A).'';
(B) in subsection (b)(1), in the first sentence, by
inserting ``and the information required by section
102(j)'' after ``described in section 102(b)'';
(C) in subsection (d), by inserting ``and, if the
individual is serving in a covered position, the
information required by section 102(j)(2)(A)'' after
``described in section 102(a)''; and
(D) in subsection (e), by inserting ``and, if the
individual was serving in a covered position, the
information required by section 102(j)(2)(A)'' after
``described in section 102(a)''; and
(2) in section 102--
(A) in subsection (g), by striking ``Political
campaign funds'' and inserting ``Except as provided in
subsection (j), political campaign funds''; and
(B) by adding at the end the following:
``(j)(1) In this subsection--
``(A) the term `applicable period' means--
``(i) with respect to a report filed pursuant to
subsection (a) or (b) of section 101, the year of
filing and the 4 calendar years preceding the year of
the filing; and
``(ii) with respect to a report filed pursuant to
subsection (d) or (e) of section 101, the preceding
calendar year; and
``(B) the term `covered gift' means a gift that--
``(i) is made to a covered individual, the spouse
of a covered individual, or the dependent child of a
covered individual;
``(ii) is made by an entity described in item (aa)
or (bb) of section 109(2)(A)(i)(II); and
``(iii) would have been required to be reported
under subsection (a)(2) if the covered individual had
been required to file a report under section 101(d)
with respect to the calendar year during which the gift
was made.
``(2)(A) A report filed pursuant to subsection (a), (b), (d), or
(e) of section 101 by a covered individual shall include, for each
covered contribution made by or on behalf of, or that was solicited in
writing by or on behalf of, the covered individual during the
applicable period--
``(i) the date on which the covered contribution was made;
``(ii) if applicable, the date or dates on which the
covered contribution was solicited;
``(iii) the value of the covered contribution;
``(iv) the name of the person making the covered
contribution; and
``(v) the name of the person receiving the covered
contribution.
``(B)(i) Subject to clause (ii), a covered contribution made by or
on behalf of, or that was solicited in writing by or on behalf of, a
covered individual shall constitute a conflict of interest, or an
appearance thereof, with respect to the official duties of the covered
individual.
``(ii) The Director of the Office of Government Ethics may exempt a
covered contribution from the application of clause (i) if the Director
determines the circumstances of the solicitation and making of the
covered contribution do not present a risk of a conflict of interest
and the exemption of the covered contribution would not affect
adversely the integrity of the Government or the public's confidence in
the integrity of the Government.
``(3) A report filed pursuant to subsection (a) or (b) of section
101 by a covered individual shall include the information described in
subsection (a)(2) with respect to each covered gift received during the
applicable period.''.
(c) Provision of Reports and Ethics Agreements to Congress.--
Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended by adding at the end the following:
``(e) Not later than 30 days after receiving a written request from
the Chairman or Ranking Member of a committee or subcommittee of either
House of Congress with jurisdiction of the agency in which a covered
individual has been nominated for appointment to a covered position or
is serving in a covered position, the Director of the Office of
Government Ethics shall provide to the Chairman or Ranking Member,
respectively, each report filed under this title by the covered
individual and any ethics agreement entered into between the agency and
the covered individual.''.
(d) Rules on Ethics Agreements.--The Director of the Office of
Government Ethics shall promptly issue rules regarding how an agency in
the executive branch shall address information required to be disclosed
under the amendments made by this Act in drafting ethics agreements
between the agency and individuals appointed to positions in the
agency.
(e) Technical and Conforming Amendments.--
(1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is
amended--
(A) in section 101(f)--
(i) in paragraph (9), by striking ``section
109(12)'' and inserting ``section 109(15)'';
(ii) in paragraph (10), by striking
``section 109(13)'' and inserting ``section
109(16)'';
(iii) in paragraph (11), by striking
``section 109(10)'' and inserting ``section
109(13)''; and
(iv) in paragraph (12), by striking
``section 109(8)'' and inserting ``section
109(11)'';
(B) in section 103(l)--
(i) in paragraph (9), by striking ``section
109(12)'' and inserting ``section 109(15)'';
and
(ii) in paragraph (10), by striking
``section 109(13)'' and inserting ``section
109(16)''; and
(C) in section 105(b)(3)(A), by striking ``section
109(8) or 109(10)'' and inserting ``section 109(11) or
109(13)''.
(2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995
(2 U.S.C. 1602(4)(D)) is amended by striking ``section
109(13)'' and inserting ``section 109(16)''.
(3) Section 21A of the Securities Exchange Act of 1934 (15
U.S.C. 78u-1) is amended--
(A) in subsection (g)(2)(B)(ii), by striking
``section 109(11) of the Ethics in Government Act of
1978 (5 U.S.C. App. 109(11)))'' and inserting ``section
109 of the Ethics in Government Act of 1978 (5 U.S.C.
App.))''; and
(B) in subsection (h)(2)--
(i) in subparagraph (B), by striking
``section 109(8) of the Ethics in Government
Act of 1978 (5 U.S.C. App. 109(8))'' and
inserting ``section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.)''; and
(ii) in subparagraph (C), by striking
``section 109(10) of the Ethics in Government
Act of 1978 (5 U.S.C. App. 109(10))'' and
inserting ``section 109 of the Ethics in
Government Act of 1978 (5 U.S.C. App.)''.
(4) Section 499(j)(2) of the Public Health Service Act (42
U.S.C. 290b(j)(2)) is amended by striking ``section 109(16) of
the Ethics in Government Act of 1978'' and inserting ``section
109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''.
TITLE II--PUBLIC FINANCING
Subtitle A--Reforming Presidential Election Financing
PART I--PRIMARY ELECTIONS
SEC. 2001. 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'';
(B) by striking ``shall not exceed'' and all that
follows and inserting ``shall not exceed
$300,000,000.''; and
(C) 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. 2002. 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 2001(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. 2003. 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. 2004. 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. 2005. 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. 2006. 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''.
PART II--GENERAL ELECTIONS
SEC. 2011. 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. 2012. 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. 2013. 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 2012, 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. 2014. 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 2012(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 2012(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. 2015. 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. 2016. 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. 2017. 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.''.
Subtitle B--Reforming Senate Election Financing
PART I--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS
Subpart A--Fair Elections Financing Program
SEC. 2101. FINDINGS AND DECLARATIONS.
(a) Undermining of Democracy by Campaign Contributions From Private
Sources.--The Senate finds and declares that the current system of
privately financed campaigns for election to the United States Senate
has the capacity, and is often perceived by the public, to undermine
democracy in the United States by--
(1) creating a culture that fosters actual or perceived
conflicts of interest by encouraging Senators to accept large
campaign contributions from private interests that are directly
affected by Federal legislation;
(2) diminishing or appearing to diminish Senators'
accountability to constituents by compelling legislators to be
accountable to the major contributors who finance their
election campaigns;
(3) undermining the meaning of the right to vote by
allowing monied interests to have a disproportionate and unfair
influence within the political process;
(4) imposing large, unwarranted costs on taxpayers through
legislative and regulatory distortions caused by unequal access
to lawmakers for campaign contributors;
(5) making it difficult for some qualified candidates to
mount competitive Senate election campaigns;
(6) disadvantaging challengers and discouraging competitive
elections; and
(7) burdening incumbents with a preoccupation with
fundraising and thus decreasing the time available to carry out
their public responsibilities.
(b) Enhancement of Democracy by Providing Allocations From the Fair
Elections Fund.--The Senate finds and declares that providing the
option of the replacement of large private campaign contributions with
allocations from the Fair Elections Fund for all primary, runoff, and
general elections to the Senate would enhance American democracy by--
(1) reducing the actual or perceived conflicts of interest
created by fully private financing of the election campaigns of
public officials and restoring public confidence in the
integrity and fairness of the electoral and legislative
processes through a program which allows participating
candidates to adhere to substantially lower contribution limits
for contributors with an assurance that there will be
sufficient funds for such candidates to run viable electoral
campaigns;
(2) increasing the public's confidence in the
accountability of Senators to the constituents who elect them,
which derives from the program's qualifying criteria to
participate in the voluntary program and the conclusions that
constituents may draw regarding candidates who qualify and
participate in the program;
(3) helping to reduce the ability to make large campaign
contributions as a determinant of a citizen's influence within
the political process by facilitating the expression of support
by voters at every level of wealth, encouraging political
participation, and incentivizing participation on the part of
Senators through the matching of small dollar contributions;
(4) potentially saving taxpayers billions of dollars that
may be (or that are perceived to be) currently allocated based
upon legislative and regulatory agendas skewed by the influence
of campaign contributions;
(5) creating genuine opportunities for all Americans to run
for the Senate and encouraging more competitive elections;
(6) encouraging participation in the electoral process by
citizens of every level of wealth; and
(7) freeing Senators from the incessant preoccupation with
raising money, and allowing them more time to carry out their
public responsibilities.
SEC. 2102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF FAIR ELECTIONS
FINANCING OF SENATE ELECTION CAMPAIGNS.
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--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS
``Subtitle A--General Provisions
``SEC. 501. DEFINITIONS.
``In this title:
``(1) Allocation from the fund.--The term `allocation from
the Fund' means an allocation of money from the Fair Elections
Fund to a participating candidate pursuant to section 522.
``(2) Board.--The term `Board' means the Fair Elections
Oversight Board established under section 531.
``(3) Fair elections qualifying period.--The term `Fair
Elections qualifying period' means, with respect to any
candidate for Senator, the period--
``(A) beginning on the date on which the candidate
files a statement of intent under section 511(a)(1);
and
``(B) ending on the date that is 30 days before--
``(i) the date of the primary election; or
``(ii) 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.
``(4) Fair elections start date.--The term `Fair Elections
start date' means, with respect to any candidate, the date that
is 180 days before--
``(A) the date of the primary election; or
``(B) 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.
``(5) Fund.--The term `Fund' means the Fair Elections Fund
established by section 502.
``(6) Immediate family.--The term `immediate family' means,
with respect to any candidate--
``(A) the candidate's spouse;
``(B) a child, stepchild, parent, grandparent,
brother, half-brother, sister, or half-sister of the
candidate or the candidate's spouse; and
``(C) the spouse of any person described in
subparagraph (B).
``(7) Matching contribution.--The term `matching
contribution' means a matching payment provided to a
participating candidate for qualified small dollar
contributions, as provided under section 523.
``(8) Nonparticipating candidate.--The term
`nonparticipating candidate' means a candidate for Senator who
is not a participating candidate.
``(9) Participating candidate.--The term `participating
candidate' means a candidate for Senator who is certified under
section 515 as being eligible to receive an allocation from the
Fund.
``(10) Qualifying contribution.--The term `qualifying
contribution' means, with respect to a candidate, a
contribution that--
``(A) is in an amount that is--
``(i) not less than the greater of $5 or
the amount determined by the Commission under
section 531; and
``(ii) not more than the greater of $150 or
the amount determined by the Commission under
section 531;
``(B) is made by an individual--
``(i) who is a resident of the State in
which such candidate is seeking election; and
``(ii) who is not otherwise prohibited from
making a contribution under this Act;
``(C) is made during the Fair Elections qualifying
period; and
``(D) meets the requirements of section 512(b).
``(11) Qualified small dollar contribution.--The term
`qualified small dollar contribution' means, with respect to a
candidate, any contribution (or series of contributions)--
``(A) which is not a qualifying contribution (or
does not include a qualifying contribution);
``(B) which is made by an individual who is not
prohibited from making a contribution under this Act;
and
``(C) the aggregate amount of which does not exceed
the greater of--
``(i) $150 per election; or
``(ii) the amount per election determined
by the Commission under section 531.
``(12) Qualifying multicandidate political committee
contribution.--
``(A) In general.--The term `qualifying
multicandidate political committee contribution' means
any contribution to a candidate that is made from a
qualified account of a multicandidate political
committee (within the meaning of section 315(a)(2)).
``(B) Qualified account.--For purposes of
subparagraph (A), the term `qualified account' means,
with respect to a multicandidate political committee, a
separate, segregated account of the committee that
consists solely of contributions which meet the
following requirements:
``(i) All contributions to such account are
made by individuals who are not prohibited from
making contributions under this Act.
``(ii) The aggregate amount of
contributions from each individual to such
account and all other accounts of the political
committee do not exceed the amount described in
paragraph (11)(C).
``SEC. 502. FAIR ELECTIONS FUND.
``(a) Establishment.--There is established in the Treasury a fund
to be known as the `Fair Elections Fund'.
``(b) Amounts Held by Fund.--The Fund shall consist of the
following amounts:
``(1) Appropriated amounts.--
``(A) In general.--Amounts appropriated to the
Fund.
``(B) Sense of the senate regarding
appropriations.--It is the sense of the Senate that--
``(i) there should be imposed on any
payment made to any person (other than a State
or local government or a foreign nation) who
has a contract with the Government of the
United States in excess of $10,000,000 a tax
equal to 0.50 percent of amount paid pursuant
to each contract, except that the aggregate tax
on each contract for any taxable year shall not
exceed $500,000; and
``(ii) the revenue from such tax should be
appropriated to the Fund.
``(2) Voluntary contributions.--Voluntary contributions to
the Fund.
``(3) Other deposits.--Amounts deposited into the Fund
under--
``(A) section 513(c) (relating to exceptions to
contribution requirements);
``(B) section 521(c) (relating to remittance of
allocations from the Fund);
``(C) section 533 (relating to violations); and
``(D) any other section of this Act.
``(4) Investment returns.--Interest on, and the proceeds
from, the sale or redemption of, any obligations held by the
Fund under subsection (c).
``(c) Investment.--The Commission shall invest portions of the Fund
in obligations of the United States in the same manner as provided
under section 9602(b) of the Internal Revenue Code of 1986.
``(d) Use of Fund.--
``(1) In general.--The sums in the Fund shall be used to
provide benefits to participating candidates as provided in
subtitle C.
``(2) Insufficient amounts.--Under regulations established
by the Commission, rules similar to the rules of section
9006(c) of the Internal Revenue Code shall apply.
``Subtitle B--Eligibility and Certification
``SEC. 511. ELIGIBILITY.
``(a) In General.--A candidate for Senator is eligible to receive
an allocation from the Fund for any election if the candidate meets the
following requirements:
``(1) The candidate files with the Commission a statement
of intent to seek certification as a participating candidate
under this title during the period beginning on the Fair
Elections start date and ending on the last day of the Fair
Elections qualifying period.
``(2) The candidate meets the qualifying contribution
requirements of section 512.
``(3) Not later than the last day of the Fair Elections
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 513;
``(B) if certified, will comply with the debate
requirements of section 514;
``(C) if certified, will not run as a
nonparticipating candidate during such year in any
election for the office that such candidate is seeking;
and
``(D) 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 an allocation from the Fund
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 otherwise qualified to be on
the ballot under State law.
``SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT.
``(a) In General.--A candidate for Senator meets the requirement of
this section if, during the Fair Elections qualifying period, the
candidate obtains--
``(1) a number of qualifying contributions equal to the
greater of--
``(A) the sum of--
``(i) 2,000; plus
``(ii) 500 for each congressional district
in the State with respect to which the
candidate is seeking election; or
``(B) the amount determined by the Commission under
section 531; and
``(2) a total dollar amount of qualifying contributions
equal to the greater of--
``(A) 10 percent of the amount of the allocation
such candidate would be entitled to receive for the
primary election under section 522(c)(1) (determined
without regard to paragraph (5) thereof) if such
candidate were a participating candidate; or
``(B) the amount determined by the Commission under
section 531.
``(b) Requirements Relating to Receipt of Qualifying
Contribution.--Each qualifying 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--
``(A) the contributor's name and the contributor's
address in the State in which the contributor is
registered to vote; and
``(B) an oath declaring that the contributor--
``(i) understands that the purpose of the
qualifying contribution is to show support for
the candidate so that the candidate may qualify
for Fair Elections financing;
``(ii) is making the contribution in his or
her own name and from his or her own funds;
``(iii) has made the contribution
willingly; and
``(iv) has not received anything of value
in return for the contribution; 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) Verification of Qualifying Contributions.--The Commission
shall establish procedures for the auditing and verification of
qualifying contributions to ensure that such contributions meet the
requirements of this section.
``SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
``(a) General Rule.--A candidate for Senator meets the requirements
of this section if, during the election cycle of the candidate, the
candidate--
``(1) except as provided in subsection (b), accepts no
contributions other than--
``(A) qualifying contributions;
``(B) qualified small dollar contributions;
``(C) qualifying multicandidate political committee
contributions;
``(D) allocations from the Fund under section 522;
``(E) matching contributions under section 523; and
``(F) vouchers provided to the candidate under
section 524;
``(2) makes no expenditures from any amounts other than
from--
``(A) qualifying contributions;
``(B) qualified small dollar contributions;
``(C) qualifying multicandidate political committee
contributions;
``(D) allocations from the Fund under section 522;
``(E) matching contributions under section 523; and
``(F) vouchers provided to the candidate under
section 524; and
``(3) makes no expenditures from personal funds or the
funds of any immediate family member (other than funds received
through qualified small dollar contributions and qualifying
contributions).
For purposes of this subsection, a payment made by a political party in
coordination with a participating candidate shall not be treated as a
contribution to or as an expenditure made by the participating
candidate.
``(b) Contributions for Leadership PACs, etc.--A political
committee of a participating candidate which is not an authorized
committee of such candidate may accept contributions other than
contributions described in subsection (a)(1) from any person if--
``(1) the aggregate contributions from such person for any
calendar year do not exceed $150; and
``(2) no portion of such contributions is disbursed in
connection with the campaign of the participating candidate.
``(c) Exception.--Notwithstanding subsection (a), a candidate shall
not be treated as having failed to meet the requirements of this
section if any contributions that are not qualified small dollar
contributions, qualifying contributions, qualifying multicandidate
political committee contributions, or contributions that meet the
requirements of subsection (b) and that are accepted before the date
the candidate files a statement of intent under section 511(a)(1) are--
``(1) returned to the contributor; or
``(2) submitted to the Commission for deposit in the Fund.
``SEC. 514. DEBATE REQUIREMENT.
``A candidate for Senator meets the requirements of this section if
the candidate participates in at least--
``(1) 1 public debate before the primary election with
other participating candidates and other willing candidates
from the same party and seeking the same nomination as such
candidate; and
``(2) 2 public debates before the general election with
other participating candidates and other willing candidates
seeking the same office as such candidate.
``SEC. 515. CERTIFICATION.
``(a) In General.--Not later than 5 days after a candidate for
Senator files an affidavit under section 511(a)(3), the Commission
shall--
``(1) certify whether or not the candidate is a
participating candidate; and
``(2) notify the candidate of the Commission's
determination.
``(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; 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 Fund an
amount equal to the value of benefits received under this title
plus interest (at a rate determined by the Commission) on any
such amount received.
``Subtitle C--Benefits
``SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--For each election with respect to which a
candidate is certified as a participating candidate, such candidate
shall be entitled to--
``(1) an allocation from the Fund to make or obligate to
make expenditures with respect to such election, as provided in
section 522;
``(2) matching contributions, as provided in section 523;
and
``(3) for the general election, vouchers for broadcasts of
political advertisements, as provided in section 524.
``(b) Restriction on Uses of Allocations From the Fund.--
Allocations from the Fund received by a participating candidate under
section 522 and matching contributions under section 523 may only be
used for campaign-related costs.
``(c) Remitting Allocations From the Fund.--
``(1) In general.--Not later than the date that is 45 days
after an election in which the participating candidate appeared
on the ballot, such participating candidate shall remit to the
Commission for deposit in the Fund an amount equal to the
lesser of--
``(A) the amount of money in the candidate's
campaign account; or
``(B) the sum of the allocations from the Fund
received by the candidate under section 522 and the
matching contributions received by the candidate under
section 523.
``(2) Exception.--In the case of a candidate who qualifies
to be on the ballot for a primary runoff election, a general
election, or a general runoff election, the amounts described
in paragraph (1) may be retained by the candidate and used in
such subsequent election.
``SEC. 522. ALLOCATIONS FROM THE FUND.
``(a) In General.--The Commission shall make allocations from the
Fund under section 521(a)(1) to a participating candidate--
``(1) in the case of amounts provided under subsection
(c)(1), not later than 48 hours after the date on which such
candidate is certified as a participating candidate under
section 515;
``(2) in the case of a general election, not later than 48
hours after--
``(A) the date of the certification of the results
of the primary election or the primary runoff election;
or
``(B) in any case in which there is no primary
election, the date the candidate qualifies to be placed
on the ballot; and
``(3) in the case of a primary runoff election or a general
runoff election, not later than 48 hours after the
certification of the results of the primary election or the
general election, as the case may be.
``(b) Method of Payment.--The Commission shall distribute funds
available to participating candidates under this section through the
use of an electronic funds exchange or a debit card.
``(c) Amounts.--
``(1) Primary election allocation; initial allocation.--
Except as provided in paragraph (5), the Commission shall make
an allocation from the Fund for a primary election to a
participating candidate in an amount equal to 67 percent of the
base amount with respect to such participating candidate.
``(2) Primary runoff election allocation.--The Commission
shall make an allocation from the Fund for a primary runoff
election to a participating candidate in an amount equal to 25
percent of the amount the participating candidate was eligible
to receive under this section for the primary election.
``(3) General election allocation.--Except as provided in
paragraph (5), the Commission shall make an allocation from the
Fund for a general election to a participating candidate in an
amount equal to the base amount with respect to such candidate.
``(4) General runoff election allocation.--The Commission
shall make an allocation from the Fund for a general runoff
election to a participating candidate in an amount equal to 25
percent of the base amount with respect to such candidate.
``(5) Uncontested elections.--
``(A) In general.--In the case of a primary or
general election that is an uncontested election, the
Commission shall make an allocation from the Fund to a
participating candidate for such election in an amount
equal to 25 percent of the allocation which such
candidate would be entitled to under this section for
such election if this paragraph did not apply.
``(B) Uncontested election defined.--For purposes
of this subparagraph, an election is uncontested if not
more than 1 candidate has campaign funds (including
payments from the Fund) in an amount equal to or
greater than 10 percent of the allocation a
participating candidate would be entitled to receive
under this section for such election if this paragraph
did not apply.
``(d) Base Amount.--
``(1) In general.--Except as otherwise provided in this
subsection, the base amount for any candidate is an amount
equal to the greater of--
``(A) the sum of--
``(i) $750,000; plus
``(ii) $150,000 for each congressional
district in the State with respect to which the
candidate is seeking election; or
``(B) the amount determined by the Commission under
section 531.
``(2) Indexing.--In each even-numbered year after 2021--
``(A) each dollar amount under paragraph (1)(A)
shall be increased by the percent difference between
the price index (as defined in section 315(c)(2)(A))
for the 12 months preceding the beginning of such
calendar year and the price index for calendar year
2020;
``(B) each dollar amount so increased shall remain
in effect for the 2-year period beginning on the first
day following the date of the last general election in
the year preceding the year in which the amount is
increased and ending on the date of the next general
election; and
``(C) if any amount after adjustment under
subparagraph (A) is not a multiple of $100, such amount
shall be rounded to the nearest multiple of $100.
``SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL DOLLAR CONTRIBUTIONS.
``(a) In General.--The Commission shall pay to each participating
candidate an amount equal to 600 percent of the amount of qualified
small dollar contributions received by the candidate from individuals
who are residents of the State in which such participating candidate is
seeking election after the date on which such candidate is certified
under section 515.
``(b) Limitation.--The aggregate payments under subsection (a) with
respect to any candidate shall not exceed the greater of--
``(1) 400 percent of the allocation such candidate is
entitled to receive for such election under section 522
(determined without regard to subsection (c)(5) thereof); or
``(2) the percentage of such allocation determined by the
Commission under section 531.
``(c) Time of Payment.--The Commission shall make payments under
this section not later than 2 business days after the receipt of a
report made under subsection (d).
``(d) Reports.--
``(1) In general.--Each participating candidate shall file
reports of receipts of qualified small dollar 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--
``(A) the amount of each qualified small dollar
contribution received by the candidate;
``(B) the amount of each qualified small dollar
contribution received by the candidate from a resident
of the State in which the candidate is seeking
election; and
``(C) the name, address, and occupation of each
individual who made a qualified small dollar
contribution to the candidate.
``(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.
``(e) Appeals.--The Commission shall provide a written explanation
with respect to any denial of any payment under this section and shall
provide the opportunity for review and reconsideration within 5
business days of such denial.
``SEC. 524. POLITICAL ADVERTISING VOUCHERS.
``(a) In General.--The Commission shall establish and administer a
voucher program for the purchase of airtime on broadcasting stations
for political advertisements in accordance with the provisions of this
section.
``(b) Candidates.--The Commission shall only disburse vouchers
under the program established under subsection (a) to participants
certified pursuant to section 515 who have agreed in writing to keep
and furnish to the Commission such records, books, and other
information as it may require.
``(c) Amounts.--The Commission shall disburse vouchers to each
candidate certified under subsection (b) in an aggregate amount equal
to the greater of--
``(1) $100,000 multiplied by the number of congressional
districts in the State with respect to which such candidate is
running for office; or
``(2) the amount determined by the Commission under section
531.
``(d) Use.--
``(1) Exclusive use.--Vouchers disbursed by the Commission
under this section may be used only for the purchase of
broadcast airtime for political advertisements relating to a
general election for the office of Senate by the participating
candidate to which the vouchers were disbursed, except that--
``(A) a candidate may exchange vouchers with a
political party under paragraph (2); and
``(B) a political party may use vouchers only to
purchase broadcast airtime for political advertisements
for generic party advertising (as defined by the
Commission in regulations), to support candidates for
State or local office in a general election, or to
support participating candidates of the party in a
general election for Federal office, but only if it
discloses the value of the voucher used as an
expenditure under section 315(d).
``(2) Exchange with political party committee.--
``(A) In general.--A participating candidate who
receives a voucher under this section may transfer the
right to use all or a portion of the value of the
voucher to a committee of the political party of which
the individual is a candidate (or, in the case of a
participating candidate who is not a member of any
political party, to a committee of the political party
of that candidate's choice) in exchange for money in an
amount equal to the cash value of the voucher or
portion exchanged.
``(B) Continuation of candidate obligations.--The
transfer of a voucher, in whole or in part, to a
political party committee under this paragraph does not
release the candidate from any obligation under the
agreement made under subsection (b) or otherwise modify
that agreement or its application to that candidate.
``(C) Party committee obligations.--Any political
party committee to which a voucher or portion thereof
is transferred under subparagraph (A)--
``(i) shall account fully, in accordance
with such requirements as the Commission may
establish, for the receipt of the voucher; and
``(ii) may not use the transferred voucher
or portion thereof for any purpose other than a
purpose described in paragraph (1)(B).
``(D) Voucher as a contribution under feca.--If a
candidate transfers a voucher or any portion thereof to
a political party committee under subparagraph (A)--
``(i) the value of the voucher or portion
thereof transferred shall be treated as a
contribution from the candidate to the
committee, and from the committee to the
candidate, for purposes of sections 302 and
304;
``(ii) the committee may, in exchange,
provide to the candidate only funds subject to
the prohibitions, limitations, and reporting
requirements of title III of this Act; and
``(iii) the amount, if identified as a
`voucher exchange', shall not be considered a
contribution for the purposes of sections 315
and 513.
``(e) Value; Acceptance; Redemption.--
``(1) Voucher.--Each voucher disbursed by the Commission
under this section shall have a value in dollars, redeemable
upon presentation to the Commission, together with such
documentation and other information as the Commission may
require, for the purchase of broadcast airtime for political
advertisements in accordance with this section.
``(2) Acceptance.--A broadcasting station shall accept
vouchers in payment for the purchase of broadcast airtime for
political advertisements in accordance with this section.
``(3) Redemption.--The Commission shall redeem vouchers
accepted by broadcasting stations under paragraph (2) upon
presentation, subject to such documentation, verification,
accounting, and application requirements as the Commission may
impose to ensure the accuracy and integrity of the voucher
redemption system.
``(4) Expiration.--
``(A) Candidates.--A voucher may only be used to
pay for broadcast airtime for political advertisements
to be broadcast before midnight on the day before the
date of the Federal election in connection with which
it was issued and shall be null and void for any other
use or purpose.
``(B) Exception for political party committees.--A
voucher held by a political party committee may be used
to pay for broadcast airtime for political
advertisements to be broadcast before midnight on
December 31st of the odd-numbered year following the
year in which the voucher was issued by the Commission.
``(5) Voucher as expenditure under feca.--The use of a
voucher to purchase broadcast airtime constitutes an
expenditure as defined in section 301(9)(A).
``(f) Definitions.--In this section:
``(1) Broadcasting station.--The term `broadcasting
station' has the meaning given that term by section 315(f)(1)
of the Communications Act of 1934.
``(2) Political party.--The term `political party' means a
major party or a minor party as defined in section 9002 (3) or
(4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002 (3) or
(4)).
``Subtitle D--Administrative Provisions
``SEC. 531. FAIR ELECTIONS OVERSIGHT BOARD.
``(a) Establishment.--There is established within the Federal
Election Commission an entity to be known as the `Fair Elections
Oversight Board'.
``(b) Structure and Membership.--
``(1) In general.--The Board shall be composed of 5 members
appointed by the President by and with the advice and consent
of the Senate, of whom--
``(A) 2 shall be appointed after consultation with
the majority leader of the Senate;
``(B) 2 shall be appointed after consultation with
the minority leader of the Senate; and
``(C) 1 shall be appointed upon the recommendation
of the members appointed under subparagraphs (A) and
(B).
``(2) Qualifications.--
``(A) In general.--The members shall be individuals
who are nonpartisan and, by reason of their education,
experience, and attainments, exceptionally qualified to
perform the duties of members of the Board.
``(B) Prohibition.--No member of the Board may be--
``(i) an employee of the Federal
Government;
``(ii) a registered lobbyist; or
``(iii) an officer or employee of a
political party or political campaign.
``(3) Date.--Members of the Board shall be appointed not
later than 60 days after the date of the enactment of this Act.
``(4) Terms.--A member of the Board shall be appointed for
a term of 5 years.
``(5) Vacancies.--A vacancy on the Board shall be filled
not later than 30 calendar days after the date on which the
Board is given notice of the vacancy, in the same manner as the
original appointment. The individual appointed to fill the
vacancy shall serve only for the unexpired portion of the term
for which the individual's predecessor was appointed.
``(6) Chairperson.--The Board shall designate a Chairperson
from among the members of the Board.
``(c) Duties and Powers.--
``(1) Administration.--
``(A) In general.--The Board shall have such duties
and powers as the Commission may prescribe, including
the power to administer the provisions of this title.
``(2) Review of fair elections financing.--
``(A) In general.--After each general election for
Federal office, the Board shall conduct a comprehensive
review of the Fair Elections financing program under
this title, including--
``(i) the maximum dollar amount of
qualified small dollar contributions under
section 501(11);
``(ii) the maximum and minimum dollar
amounts for qualifying contributions under
section 501(10);
``(iii) the number and value of qualifying
contributions a candidate is required to obtain
under section 512 to qualify for allocations
from the Fund;
``(iv) the amount of allocations from the
Fund that candidates may receive under section
522;
``(v) the maximum amount of matching
contributions a candidate may receive under
section 523;
``(vi) the amount and usage of vouchers
under section 524;
``(vii) the overall satisfaction of
participating candidates and the American
public with the program; and
``(viii) such other matters relating to
financing of Senate campaigns as the Board
determines are appropriate.
``(B) Criteria for review.--In conducting the
review under subparagraph (A), the Board shall consider
the following:
``(i) Qualifying contributions and
qualified small dollar contributions.--The
Board shall consider whether the number and
dollar amount of qualifying contributions
required and maximum dollar amount for such
qualifying contributions and qualified small
dollar contributions strikes a balance
regarding the importance of voter involvement,
the need to assure adequate incentives for
participating, and fiscal responsibility,
taking into consideration the number of primary
and general election participating candidates,
the electoral performance of those candidates,
program cost, and any other information the
Board determines is appropriate.
``(ii) Review of program benefits.--The
Board shall consider whether the totality of
the amount of funds allowed to be raised by
participating candidates (including through
qualifying contributions and small dollar
contributions), allocations from the Fund under
section 522, matching contributions under
section 523, and vouchers under section 524 are
sufficient for voters in each State to learn
about the candidates to cast an informed vote,
taking into account the historic amount of
spending by winning candidates, media costs,
primary election dates, and any other
information the Board determines is
appropriate.
``(C) Adjustment of amounts.--
``(i) In general.--Based on the review
conducted under subparagraph (A), the Board
shall provide for the adjustments of the
following amounts:
``(I) The maximum dollar amount of
qualified small dollar contributions
under section 501(11)(C).
``(II) The maximum and minimum
dollar amounts for qualifying
contributions under section 501(10)(A).
``(III) The number and value of
qualifying contributions a candidate is
required to obtain under section
512(a)(1).
``(IV) The base amount for
candidates under section 522(d).
``(V) The maximum amount of
matching contributions a candidate may
receive under section 523(b).
``(VI) The dollar amount for
vouchers under section 524(c).
``(ii) Regulations.--The Commission shall
promulgate regulations providing for the
adjustments made by the Board under clause (i).
``(D) Report.--Not later than March 30 following
any general election for Federal office, the Board
shall submit a report to Congress on the review
conducted under paragraph (1). Such report shall
contain a detailed statement of the findings,
conclusions, and recommendations of the Board based on
such review.
``(d) Meetings and Hearings.--
``(1) Meetings.--The Board may hold such hearings, sit and
act at such times and places, take such testimony, and receive
such evidence as the Board considers advisable to carry out the
purposes of this Act.
``(2) Quorum.--Three members of the Board shall constitute
a quorum for purposes of voting, but a quorum is not required
for members to meet and hold hearings.
``(e) Reports.--Not later than March 30, 2019, and every 2 years
thereafter, the Board shall submit to the Senate Committee on Rules and
Administration a report documenting, evaluating, and making
recommendations relating to the administrative implementation and
enforcement of the provisions of this title.
``(f) Administration.--
``(1) Compensation of members.--
``(A) In general.--Each member, other than the
Chairperson, shall be paid at a rate equal to the daily
equivalent of the minimum annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
``(B) Chairperson.--The Chairperson shall be paid
at a rate equal to the daily equivalent of the minimum
annual rate of basic pay prescribed for level III of
the Executive Schedule under section 5314 of title 5,
United States Code.
``(2) Personnel.--
``(A) Director.--The Board shall have a staff
headed by an Executive Director. The Executive Director
shall be paid at a rate equivalent to a rate
established for the Senior Executive Service under
section 5382 of title 5, United States Code.
``(B) Staff appointment.--With the approval of the
Chairperson, the Executive Director may appoint such
personnel as the Executive Director and the Board
determines to be appropriate.
``(C) Actuarial experts and consultants.--With the
approval of the Chairperson, the Executive Director may
procure temporary and intermittent services under
section 3109(b) of title 5, United States Code.
``(D) Detail of government employees.--Upon the
request of the Chairperson, the head of any Federal
agency may detail, without reimbursement, any of the
personnel of such agency to the Board to assist in
carrying out the duties of the Board. Any such detail
shall not interrupt or otherwise affect the civil
service status or privileges of the Federal employee.
``(E) Other resources.--The Board shall have
reasonable access to materials, resources, statistical
data, and other information from the Library of
Congress and other agencies of the executive and
legislative branches of the Federal Government. The
Chairperson of the Board shall make requests for such
access in writing when necessary.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this subtitle.
``SEC. 532. ADMINISTRATION PROVISIONS.
``The Commission shall prescribe regulations to carry out the
purposes of this title, including regulations--
``(1) to establish procedures for--
``(A) verifying the amount of valid qualifying
contributions with respect to a candidate;
``(B) effectively and efficiently monitoring and
enforcing the limits on the raising of qualified small
dollar contributions;
``(C) monitoring the raising of qualifying
multicandidate political committee contributions
through effectively and efficiently monitoring and
enforcing the limits on individual contributions to
qualified accounts of multicandidate political
committees;
``(D) effectively and efficiently monitoring and
enforcing the limits on the use of personal funds by
participating candidates;
``(E) monitoring the use of allocations from the
Fund and matching contributions under this title
through audits or other mechanisms; and
``(F) the administration of the voucher program
under section 524; and
``(2) regarding the conduct of debates in a manner
consistent with the best practices of States that provide
public financing for elections.
``SEC. 533. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and Expenditure
Requirements.--If a candidate who has been certified as a participating
candidate under section 515(a) accepts a contribution or makes an
expenditure that is prohibited under section 513, 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
Fund.
``(b) Repayment for Improper Use of Fair Elections Fund.--
``(1) In general.--If the Commission determines that any
benefit made available to a participating candidate under this
title 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 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. 2103. EXCEPTION TO LIMITATION ON COORDINATED EXPENDITURES BY
POLITICAL PARTY COMMITTEES WITH PARTICIPATING CANDIDATES.
Section 315(d) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30116(d)) is amended--
(1) in paragraph (3)(A), by striking ``in the case of'' and
inserting ``except as provided in paragraph (5), in the case
of''; and
(2) by adding at the end the following new paragraph:
``(6)(A) The limitation under paragraph (3)(A) shall not apply with
respect to any expenditure from a qualified political party-
participating candidate coordinated expenditure fund.
``(B) In this paragraph, the term `qualified political party-
participating candidate coordinated expenditure fund' means a fund
established by the national committee of a political party, or a State
committee of a political party, including any subordinate committee of
a State committee, for purposes of making expenditures in connection
with the general election campaign of a candidate for election to the
office of Senator who is a participating candidate (as defined in
section 501), that only accepts qualified coordinated expenditure
contributions.
``(C) In this paragraph, the term `qualified coordinated
expenditure contribution' means, with respect to the general election
campaign of a candidate for election to the office of Senator who is a
participating candidate (as defined in section 501), any contribution
(or series of contributions)--
``(i) which is made by an individual who is not prohibited
from making a contribution under this Act; and
``(ii) the aggregate amount of which does not exceed $500
per election.''.
Subpart B--Improving Voter Information
SEC. 2111. BROADCASTS RELATING TO ALL SENATE CANDIDATES.
(a) Lowest Unit Charge; National Committees.--Section 315(b)(1) of
the Communications Act of 1934 (47 U.S.C. 315(b)(1)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``to such office'' and inserting the following: ``to such
office, or by a national committee of a political party on
behalf of such candidate in connection with such campaign,'';
and
(2) in subparagraph (A), by inserting ``for preemptible use
thereof'' after ``station''.
(b) Preemption; Audits.--Section 315 of the Communications Act of
1934 (47 U.S.C. 315) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(f) and (g), respectively and moving them to follow the
existing subsection (e);
(2) by redesignating the existing subsection (e) as
subsection (c); and
(3) by inserting after subsection (c) (as redesignated by
paragraph (2)) the following:
``(d) Preemption.--
``(1) In general.--Except as provided in paragraph (2), and
notwithstanding the requirements of subsection (b)(1)(A), a
licensee shall not preempt the use of a broadcasting station by
a legally qualified candidate for Senate who has purchased and
paid for such use.
``(2) Circumstances beyond control of licensee.--If a
program to be broadcast by a broadcasting station is preempted
because of circumstances beyond the control of the station, any
candidate or party advertising spot scheduled to be broadcast
during that program shall be treated in the same fashion as a
comparable commercial advertising spot.
``(e) Audits.--During the 30-day period preceding a primary or
primary runoff election and the 60-day period preceding a general or
special election, the Commission shall conduct such audits as it deems
necessary to ensure that each licensee to which this section applies is
allocating television broadcast advertising time in accordance with
this section and section 312.''.
(c) Revocation of License for Failure To Permit Access.--Section
312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is
amended--
(1) by striking ``or repeated'';
(2) by inserting ``or cable system'' after ``broadcasting
station''; and
(3) by striking ``his candidacy'' and inserting ``the
candidacy of the candidate, under the same terms, conditions,
and business practices as apply to the most favored advertiser
of the licensee''.
(d) Technical and Conforming Amendments.--Section 315 of the
Communications Act of 1934 (47 U.S.C. 315) is amended--
(1) in subsection (f), as redesignated by subsection
(b)(1)--
(A) in the matter preceding paragraph (1), by
striking ``For purposes of this section--'' and
inserting the following: ``Definitions.--For purposes
of this section:'';
(B) in paragraph (1)--
(i) by striking ``the term'' and inserting
``Broadcasting station.--The term''; and
(ii) by striking ``; and'' and inserting a
period; and
(C) in paragraph (2), by striking ``the terms'' and
inserting ``Licensee; station licensee.--The terms'';
and
(2) in subsection (g), as redesignated by subsection
(b)(1), by striking ``The Commission'' and inserting
``Regulations.--The Commission''.
SEC. 2112. BROADCAST RATES FOR PARTICIPATING CANDIDATES.
Section 315(b) of the Communications Act of 1934 (47 U.S.C.
315(b)), as amended by section 2111, is amended--
(1) in paragraph (1)(A), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following:
``(3) Participating candidates.--In the case of a
participating candidate (as defined in section 501(9) of the
Federal Election Campaign Act of 1971), the charges made for
the use of any broadcasting station for a television broadcast
shall not exceed 80 percent of the lowest charge described in
paragraph (1)(A) during--
``(A) the 45 days preceding the date of a primary
or primary runoff election in which the candidate is
opposed; and
``(B) the 60 days preceding the date of a general
or special election in which the candidate is opposed.
``(4) Rate cards.--A licensee shall provide to a candidate
for Senate a rate card that discloses--
``(A) the rate charged under this subsection; and
``(B) the method that the licensee uses to
determine the rate charged under this subsection.''.
SEC. 2113. FCC TO PRESCRIBE STANDARDIZED FORM FOR REPORTING CANDIDATE
CAMPAIGN ADS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Federal Communications Commission shall initiate a
rulemaking proceeding to establish a standardized form to be used by
each broadcasting station, as defined in section 315(f) of the
Communications Act of 1934 (47 U.S.C. 315(f)) (as redesignated by
section 2111(b)(1)), to record and report the purchase of advertising
time by or on behalf of a candidate for nomination for election, or for
election, to Federal elective office.
(b) Contents.--The form prescribed by the Federal Communications
Commission under subsection (a) shall require a broadcasting station to
report to the Federal Communications Commission and to the Federal
Election Commission, at a minimum--
(1) the station call letters and mailing address;
(2) the name and telephone number of the station's sales
manager (or individual with responsibility for advertising
sales);
(3) the name of the candidate who purchased the advertising
time, or on whose behalf the advertising time was purchased,
and the Federal elective office for which he or she is a
candidate;
(4) the name, mailing address, and telephone number of the
person responsible for purchasing broadcast political
advertising for the candidate;
(5) notation as to whether the purchase agreement for which
the information is being reported is a draft or final version;
and
(6) with respect to the advertisement--
(A) the date and time of the broadcast;
(B) the program in which the advertisement was
broadcast; and
(C) the length of the broadcast airtime.
(c) Internet Access.--In its rulemaking under subsection (a), the
Federal Communications Commission shall require any broadcasting
station required to file a report under this section that maintains an
Internet website to make available a link to each such report on that
website.
PART II--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION
SEC. 2121. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding
before the Supreme Court on certiorari)'' after ``appeal''.
SEC. 2122. ELECTRONIC FILING OF FEC REPORTS.
Section 304(a)(11) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30104(a)(11)) is amended--
(1) in subparagraph (A), by striking ``under this Act--''
and all that follows and inserting ``under this Act shall be
required to maintain and file such designation, statement, or
report in electronic form accessible by computers.'';
(2) in subparagraph (B), by striking ``48 hours'' and all
that follows through ``filed electronically)'' and inserting
``24 hours''; and
(3) by striking subparagraph (D).
PART III--PARTICIPATION IN FUNDING OF ELECTIONS
SEC. 2131. REFUNDABLE TAX CREDIT FOR SENATE CAMPAIGN CONTRIBUTIONS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36B the following new section:
``SEC. 36C. CREDIT FOR SENATE CAMPAIGN CONTRIBUTIONS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle an amount
equal to 50 percent of the qualified My Voice Federal Senate campaign
contributions paid or incurred by the taxpayer during the taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The amount of qualified My Voice
Federal Senate campaign contributions taken into account under
subsection (a) for the taxable year shall not exceed $50 (twice
such amount in the case of a joint return).
``(2) Limitation on contributions to federal senate
candidates.--No credit shall be allowed under this section to
any taxpayer for any taxable year if such taxpayer made
aggregate contributions in excess of $300 during the taxable
year to--
``(A) any single Federal Senate candidate, or
``(B) any political committee established and
maintained by a national political party.
``(3) Provision of information.--No credit shall be allowed
under this section to any taxpayer unless the taxpayer provides
the Secretary with such information as the Secretary may
require to verify the taxpayer's eligibility for the credit and
the amount of the credit for the taxpayer.
``(c) Qualified My Voice Federal Senate Contributions.--For
purposes of this section, the term `My Voice Federal Senate campaign
contribution' means any contribution of cash by an individual to a
Federal Senate candidate or to a political committee established and
maintained by a national political party if such contribution is not
prohibited under the Federal Election Campaign Act of 1971.
``(d) Federal Senate Candidate.--For purposes of this section--
``(1) In general.--The term `Federal Senate candidate'
means any candidate for election to the office of Senator.
``(2) Treatment of authorized committees.--Any contribution
made to an authorized committee of a Federal Senate candidate
shall be treated as made to such candidate.
``(e) Inflation Adjustment.--
``(1) In general.--In the case of a taxable year beginning
after 2019, the $50 amount under subsection (b)(1) 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 in which
the taxable year begins, determined by substituting
`calendar year 2018' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $5, such amount shall be
rounded to the nearest multiple of $5.''.
(b) Conforming Amendments.--
(1) Section 6211(b)(4)(A) of such Code is amended by
inserting ``36C,'' after ``36B,''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36C,'' after ``36B,''.
(3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36B
the following new item:
``Sec. 36C. Credit for Senate campaign contributions.''.
(c) Forms.--The Secretary of the Treasury, or his designee, shall
ensure that the credit for contributions to Federal Senate candidates
allowed under section 36C of the Internal Revenue Code of 1986, as
added by this section, may be claimed on Forms 1040EZ and 1040A.
(d) Administration.--At the request of the Secretary of the
Treasury, the Federal Election Commission shall provide the Secretary
of the Treasury with such information and other assistance as the
Secretary may reasonably require to administer the credit allowed under
section 36C of the Internal Revenue Code of 1986, as added by this
section.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2018.
PART IV--REVENUE PROVISIONS
SEC. 2141. FAIR ELECTIONS FUND REVENUE.
(a) In General.--The Internal Revenue Code of 1986 is amended by
inserting after chapter 36 the following new chapter:
``CHAPTER 37--TAX ON PAYMENTS PURSUANT TO CERTAIN GOVERNMENT CONTRACTS
``Sec. 4501. Imposition of tax.
``SEC. 4501. IMPOSITION OF TAX.
``(a) Tax Imposed.--There is hereby imposed on any payment made to
a qualified person pursuant to a contract with the Government of the
United States a tax equal to 0.50 percent of the amount paid.
``(b) Limitation.--The aggregate amount of tax imposed per contract
under subsection (a) for any calendar year shall not exceed $500,000.
``(c) Qualified Person.--For purposes of this section, the term
`qualified person' means any person which--
``(1) is not a State or local government, a foreign nation,
or an organization described in section 501(c)(3) which is
exempt from taxation under section 501(a), and
``(2) has a contract with the Government of the United
States with a value in excess of $10,000,000.
``(d) Payment of Tax.--The tax imposed by this section shall be
paid by the person receiving such payment.
``(e) Use of Revenue Generated by Tax.--It is the sense of the
Senate that amounts equivalent to the revenue generated by the tax
imposed under this chapter should be appropriated for the financing of
a Fair Elections Fund and used for the public financing of Senate
elections.''.
(b) Conforming Amendment.--The table of chapters of the Internal
Revenue Code of 1986 is amended by inserting after the item relating to
chapter 36 the following:
``Chapter 37--Tax on Payments Pursuant to Certain Government
Contracts''.
(c) Effective Date.--The amendments made by this section shall
apply to contracts entered into after the date of the enactment of this
Act.
PART V--EFFECTIVE DATE
SEC. 2151. EFFECTIVE DATE.
Except as otherwise provided for in this subtitle, this subtitle
and the amendments made by this subtitle shall take effect on January
1, 2019.
TITLE III--REDISTRICTING
SEC. 3001. SHORT TITLE.
This title may be cited as the ``Redistricting Reform Act''.
SEC. 3002. FINDING OF CONSTITUTIONAL AUTHORITY.
Congress finds that it has the authority to establish the terms and
conditions States must follow in carrying out Congressional
redistricting after an apportionment of Members of the House of
Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives; and
(2) the authority granted to Congress under section 5 of
the fourteenth amendment to the Constitution gives Congress the
power to enact laws to enforce section 2 of such amendment,
which requires Representatives to be apportioned among the
several States according to their number.
Subtitle A--Requirements for Congressional Redistricting
SEC. 3101. LIMIT ON CONGRESSIONAL REDISTRICTING AFTER AN APPORTIONMENT.
The Act entitled ``An Act for the relief of Doctor Ricardo Vallejo
Samala and to provide for congressional redistricting'', approved
December 14, 1967 (2 U.S.C. 2c), is amended by adding at the end the
following: ``A State which has been redistricted in the manner provided
by law after an apportionment under section 22(a) of the Act entitled
`An Act to provide for the fifteenth and subsequent decennial censuses
and to provide for an apportionment of Representatives in Congress',
approved June 18, 1929 (2 U.S.C. 2a), may not be redistricted again
until after the next apportionment of Representatives under such
section, unless a court requires the State to conduct such subsequent
redistricting to comply with the Constitution or to enforce the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.).''.
SEC. 3102. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED
THROUGH PLAN OF INDEPENDENT STATE COMMISSION.
(a) Use of Plan Required.--Notwithstanding any other provision of
law, any Congressional redistricting conducted by a State shall be
conducted in accordance with--
(1) the redistricting plan developed and enacted into law
by the independent redistricting commission established in the
State, in accordance with subtitle B; or
(2) if a plan developed by such commission is not enacted
into law, the redistricting plan developed and enacted into law
by a 3-judge court of the United States District Court for the
District of Columbia, in accordance with section 3301.
(b) Conforming Amendment.--Section 22(c) of the Act entitled ``An
Act to provide for the fifteenth and subsequent decennial censuses and
to provide for an apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in
the manner provided by the law thereof'' and inserting: ``in the manner
provided by the Redistricting Reform Act''.
Subtitle B--Independent Redistricting Commissions
SEC. 3201. INDEPENDENT REDISTRICTING COMMISSION.
(a) Appointment of Members.--
(1) In general.--The nonpartisan agency established or
designated by a State under section 3204(a) shall establish an
independent redistricting commission for the State, which shall
consist of 12 members appointed by the agency as follows:
(A) The agency shall appoint 4 members on a random
basis from the majority category of the approved
selection pool (as described in section 3202(b)(1)(A)).
(B) The agency shall appoint 4 members on a random
basis from the minority category of the approved
selection pool (as described in section 3202(b)(1)(B)).
(C) The agency shall appoint 4 members on a random
basis from the independent category of the approved
selection pool (as described in section 3202(b)(1)(C)).
(2) Appointment of alternates to serve in case of
vacancies.--At the time the agency appoints the members of the
independent redistricting commission under paragraph (1) from
each of the categories referred to in such paragraph, the
agency shall, on a random basis, designate 2 other individuals
from such category to serve as alternate members who may be
appointed to fill vacancies in the commission in accordance
with paragraph (3).
(3) Vacancy.--If a vacancy occurs in the commission with
respect to a member who was appointed from one of the
categories referred to in paragraph (1), the nonpartisan agency
shall fill the vacancy by appointing, on a random basis, one of
the 2 alternates from such category who was designated under
paragraph (2). At the time the agency appoints an alternate to
fill a vacancy under the previous sentence, the agency shall
designate, on a random basis, another individual from the same
category to serve as an alternate member, in accordance with
paragraph (2).
(b) Procedures for Conducting Commission Business.--
(1) Chair.--Members of an independent redistricting
commission established under this section shall select by
majority vote one member who was appointed from the independent
category of the approved selection pool described in section
3202(b)(1)(C) to serve as chair of the commission. The
commission may not take any action to develop a redistricting
plan for the State under section 3203 until the appointment of
the commission's chair.
(2) Requiring majority approval for actions.--The
independent redistricting commission of a State may not publish
and disseminate any draft or final redistricting plan, or take
any other action, without the approval of at least--
(A) a majority of the whole membership of the
commission; and
(B) at least one member of the commission appointed
from each of the categories of the approved selection
pool described in section 3202(b)(1).
(3) Quorum.--A majority of the members of the commission
shall constitute a quorum.
(c) Staff; Contractors.--
(1) Staff.--The independent redistricting commission of a
State may appoint and set the pay of such staff as it considers
appropriate, subject to State law.
(2) Contractors.--The independent redistricting commission
of a State may enter into such contracts with vendors as it
considers appropriate, subject to State law, except that any
such contract shall be valid only if approved by the vote of a
majority of the members of the commission, including at least
one member appointed from each of the categories of the
approved selection pool described in section 3202(b)(1).
(3) Goal of impartiality.--The commission shall take such
steps as it considers appropriate to ensure that any staff
appointed under this subsection, and any vendor with whom the
commission enters into a contract under this subsection, will
work in an impartial manner, and may require any person who
applies for an appointment to a staff position or for a
vendor's contract with the commission to provide information on
the person's history of political activity (including donations
to candidates, political committees, and political parties) as
a condition of the appointment or the contract.
(d) Termination.--
(1) In general.--The independent redistricting commission
of a State shall terminate on the earlier of--
(A) June 14 of the following year ending in the
numeral zero; or
(B) the day on which the nonpartisan agency
established or designated by a State under section
3204(a) has, in accordance with section 3202(b)(1),
submitted a selection pool to the Select Committee on
Redistricting for the State established under section
3204(b).
(2) Preservation of records.--The State shall ensure that
the records of the independent redistricting commission are
retained in the appropriate State archive in such manner as may
be necessary to enable the State to respond to any civil action
brought with respect to Congressional redistricting in the
State.
SEC. 3202. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO
SERVE AS MEMBERS OF COMMISSION.
(a) Criteria for Eligibility.--
(1) In general.--An individual is eligible to serve as a
member of an independent redistricting commission if the
individual meets each of the following criteria:
(A) As of the date of appointment, the individual
is registered to vote in elections for Federal office
held in the State.
(B) During the 3-year period ending on the date of
the individual's appointment, the individual has been
continuously registered to vote with the same political
party, or has not been registered to vote with any
political party.
(C) The individual submits to the nonpartisan
agency established or designated by a State under
section 3204(a), at such time and in such form as the
agency may require, an application for inclusion in the
selection pool under this section, and includes with
the application a written statement containing the
following information and assurances:
(i) A statement of the political party with
which the individual is affiliated, if any.
(ii) An assurance that the individual shall
commit to carrying out the individual's duties
under this title in an honest, independent, and
impartial fashion, and to upholding public
confidence in the integrity of the
redistricting process.
(iii) An assurance that, during the covered
periods described in paragraph (3), the
individual has not taken and will not take any
action which would disqualify the individual
from serving as a member of the commission
under paragraph (2).
(2) Disqualifications.--An individual is not eligible to
serve as a member of the commission if any of the following
applies during any of the covered periods described in
paragraph (3):
(A) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual holds public office or is a candidate for
election for public office.
(B) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual serves as an officer of a political party or
as an officer, employee, or paid consultant of a
campaign committee of a candidate for public office.
(C) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual holds a position as a registered lobbyist
under the Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.) or an equivalent State or local law.
(D) The individual or (in the case of the covered
periods described in subparagraphs (A) and (B) of
paragraph (3)) an immediate family member of the
individual is an employee of an elected public
official, a contractor with the legislature of the
State, or a donor to the campaign of any candidate for
public office (other than a donor who, during any of
such covered periods, gives an aggregate amount of
$20,000 or less to the campaigns of all candidates for
all public offices).
(3) Covered periods described.--In this subsection, the
term ``covered period'' means, with respect to the appointment
of an individual to the commission, any of the following:
(A) The 5-year period ending on the date of the
individual's appointment.
(B) The period beginning on the date of the
individual's appointment and ending on August 14 of the
next year ending in the numeral one.
(C) The 5-year period beginning on the day after
the last day of the period described in subparagraph
(B).
(4) Immediate family member defined.--In this subsection,
the term ``immediate family member'' means, with respect to an
individual, a father, stepfather, mother, stepmother, son,
stepson, daughter, stepdaughter, brother, stepbrother, sister,
stepsister, husband, wife, father-in-law, or mother-in-law.
(b) Development and Submission of Selection Pool.--
(1) In general.--Not later than June 15 of each year ending
in the numeral zero, the nonpartisan agency established or
designated by a State under section 3204(a) shall develop and
submit to the Select Committee on Redistricting for the State
established under section 3204(b) a selection pool of 36
individuals who are eligible to serve as members of the
independent redistricting commission of the State under this
title, consisting of individuals in the following categories:
(A) A majority category, consisting of 12
individuals who are affiliated with the political party
with the largest percentage of the registered voters in
the State who are affiliated with a political party (as
determined with respect to the most recent statewide
election for Federal office held in the State for which
such information is available).
(B) A minority category, consisting of 12
individuals who are affiliated with the political party
with the second largest percentage of the registered
voters in the State who are affiliated with a political
party (as so determined).
(C) An independent category, consisting of 12
individuals who are not affiliated with either of the
political parties described in subparagraph (A) or
subparagraph (B).
(2) Factors taken into account in developing pool.--In
selecting individuals for the selection pool under this
subsection, the nonpartisan agency shall--
(A) to the maximum extent practicable, ensure that
the pool reflects the representative demographic groups
(including races, ethnicities, and genders) and
geographic regions of the State; and
(B) take into consideration the analytical skills
of the individuals selected in relevant fields
(including mapping, data management, law, community
outreach, demography, and the geography of the State)
and their ability to work on an impartial basis.
(3) Determination of political party affiliation of
individuals in selection pool.--For purposes of this section,
an individual shall be considered to be affiliated with a
political party on the basis of the information the individual
provides in the application submitted under subsection
(a)(1)(D).
(4) Encouraging residents to apply for inclusion in pool.--
The nonpartisan agency shall take such steps as may be
necessary to ensure that residents of the State across various
geographic regions and demographic groups are aware of the
opportunity to serve on the independent redistricting
commission, including publicizing the role of the panel and
using newspapers, broadcast media, and online sources,
including ethnic media, to encourage individuals to apply for
inclusion in the selection pool developed under this
subsection.
(5) Report on establishment of selection pool.--At the time
the nonpartisan agency submits the selection pool to the Select
Committee on Redistricting under paragraph (1), it shall
publish a report describing the process by which the pool was
developed, and shall include in the report a description of how
the individuals in the pool meet the eligibility criteria of
subsection (a) and of how the pool reflects the factors the
agency is required to take into consideration under paragraph
(2).
(6) Action by select committee.--
(A) In general.--Not later than 14 days after
receiving the selection pool from the nonpartisan
agency under paragraph (1), the Select Committee on
Redistricting shall--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 3021(a)(1); or
(ii) reject the pool, in which case the
nonpartisan agency shall develop and submit a
replacement selection pool in accordance with
subsection (c).
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
(c) Development of Replacement Selection Pool.--
(1) In general.--If the Select Committee on Redistricting
rejects the selection pool submitted by the nonpartisan agency
under subsection (b), not later than 14 days after the
rejection, the nonpartisan agency shall develop and submit to
the Select Committee a replacement selection pool, under the
same terms and conditions that applied to the development and
submission of the selection pool under paragraphs (1) through
(5) of subsection (b). The replacement pool submitted under
this paragraph may include individuals who were included in the
rejected selection pool submitted under subsection (b), so long
as at least one of the individuals in the replacement pool was
not included in such rejected pool.
(2) Action by select committee.--
(A) In general.--Not later than 14 days after
receiving the replacement selection pool from the
nonpartisan agency under paragraph (1), the Select
Committee on Redistricting shall--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 3201(a)(1); or
(ii) reject the pool, in which case the
nonpartisan agency shall develop and submit a
second replacement selection pool in accordance
with subsection (d).
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
(d) Development of Second Replacement Selection Pool.--
(1) In general.--If the Select Committee on Redistricting
rejects the replacement selection pool submitted by the
nonpartisan agency under subsection (c), not later than 14 days
after the rejection, the nonpartisan agency shall develop and
submit to the Select Committee a second replacement selection
pool, under the same terms and conditions that applied to the
development and submission of the selection pool under
paragraphs (1) through (5) of subsection (b). The second
replacement selection pool submitted under this paragraph may
include individuals who were included in the rejected selection
pool submitted under subsection (b) or the rejected replacement
selection pool submitted under subsection (c), so long as at
least one of the individuals in the replacement pool was not
included in either such rejected pool.
(2) Action by select committee.--
(A) In general.--Not later than 14 days after
receiving the second replacement selection pool from
the nonpartisan agency under paragraph (1), the Select
Committee on Redistricting shall--
(i) approve the pool as submitted by the
nonpartisan agency, in which case the pool
shall be considered the approved selection pool
for purposes of section 3201(a)(1); or
(ii) reject the pool, in which case--
(I) the nonpartisan agency shall
not develop or submit any other
selection pool for purposes of this
title; and
(II) the United States District
Court for the District of Columbia
shall develop and enact the
redistricting plan for the State, in
accordance with section 3301.
(B) Inaction deemed rejection.--If the Select
Committee on Redistricting fails to approve or reject
the pool within the deadline set forth in subparagraph
(A), the Select Committee shall be deemed to have
rejected the pool for purposes of such subparagraph.
SEC. 3203. CRITERIA FOR REDISTRICTING PLAN BY INDEPENDENT COMMISSION;
PUBLIC NOTICE AND INPUT.
(a) Development of Redistricting Plan.--
(1) Criteria.--The independent redistricting commission of
a State shall develop a redistricting plan for the State in
accordance with the following criteria, prioritized according
to the following order:
(A) Districts shall each have equal population per
representative as nearly as practicable, in accordance
with the Constitution of the United States.
(B) To the extent not inconsistent with the above
criteria, districts shall comply with the Voting Rights
Act of 1965 (52 U.S.C. 10301 et seq.).
(C) To the extent not inconsistent with the above
criteria, districts shall be geographically contiguous.
(D) To the extent practicable and not inconsistent
with the above criteria, district boundaries shall
minimize the division of any community of interest,
municipality, county, or neighborhood. For purposes of
this subparagraph, a community of interest is a
contiguous population which shares common social or
economic interests that should be included within a
single district for purposes of its effective and fair
representation. Examples of such shared interests are
those common to an urban area, a rural area, an
industrial area, or an agricultural area, and those
common to areas in which the people share similar
living standards, use the same transportation
facilities, have similar work opportunities, or have
access to the same media of communication relevant to
the election process. Communities of interest shall not
include relationships with political parties, incumbent
officeholders, or political candidates.
(E) To the extent practicable and not inconsistent
with the above criteria, districts shall be
geographically compact such that nearby areas of
population are not bypassed for more distant areas of
population.
(2) Factors prohibited from consideration.--In developing
the redistricting plan for the State, the independent
redistricting commission may not take into consideration any of
the following factors, except to the extent necessary to comply
with the Voting Rights Act of 1965:
(A) The political party affiliation or voting
history of the population of a district.
(B) The residence of any Member of the House of
Representatives or candidate.
(b) Public Notice and Input.--
(1) Use of open and transparent process.--The independent
redistricting commission of a State shall hold each of its
meetings in public, shall solicit and take into consideration
comments from the public throughout the process of developing
the redistricting plan for the State, and shall carry out its
duties in an open and transparent manner which provides for the
widest public dissemination reasonably possible of its proposed
and final redistricting plans.
(2) Website.--The commission shall maintain a public
Internet site which is not affiliated with or maintained by the
office of any elected official and which includes the following
features:
(A) General information on the commission and its
members, including contact information.
(B) An updated schedule of commission hearings and
activities, including deadlines for the submission of
comments.
(C) All draft redistricting plans developed by the
commission under subsection (c) and the final
redistricting plan developed under subsection (d).
(D) Live streaming of commission hearings and an
archive of previous meetings and other commission
records.
(E) A method by which members of the public may
submit comments directly to the commission.
(F) Access to the demographic data used by the
commission to develop the proposed redistricting plans,
together with any software used to draw maps of
proposed districts.
(3) Public comment period.--The commission shall solicit,
accept, and consider comments from the public with respect to
its duties, activities, and procedures at any time during the
period--
(A) which begins on January 1 of the year ending in
the numeral one; and
(B) which ends 7 days before the date of the
meeting at which the commission shall vote on approving
the final redistricting plan for enactment into law
under subsection (d)(2).
(4) Meetings and hearings in various geographic
locations.--To the greatest extent practicable, the commission
shall hold its meetings and hearings in various geographic
regions and locations throughout the State.
(c) Development and Publication of Preliminary Redistricting
Plan.--
(1) In general.--Prior to developing and publishing a final
redistricting plan under subsection (d), the independent
redistricting commission of a State shall develop and publish a
preliminary redistricting plan.
(2) Minimum public hearings prior to development.--
(A) 3 hearings required.--Prior to developing a
preliminary redistricting plan under this subsection,
the commission shall hold not fewer than 3 public
hearings at which members of the public may provide
input and comments regarding the potential contents of
redistricting plans for the State and the process by
which the commission will develop the preliminary plan
under this subsection.
(B) Minimum period for notice prior to hearings.--
The commission shall notify the public through the
website maintained under subsection (b)(2), as well as
through publication of notice in newspapers of general
circulation throughout the State, of the date, time,
and location of each of the hearings held under this
paragraph not fewer than 14 days prior to the date of
the hearing.
(3) Publication of preliminary plan.--
(A) In general.--The commission shall post the
preliminary redistricting plan developed under this
subsection, together with a report that includes the
commission's responses to any public comments received
under subsection (b)(3), on the website maintained
under subsection (b)(2), and shall provide for the
publication of each such plan in newspapers of general
circulation throughout the State.
(B) Minimum period for notice prior to
publication.--Not fewer than 14 days prior to the date
on which the commission posts and publishes the
preliminary plan under this paragraph, the commission
shall notify the public through the website maintained
under subsection (b)(2), as well as through publication
of notice in newspapers of general circulation
throughout the State, of the pending publication of the
plan.
(4) Minimum period for public comment after publication of
plan.--The commission shall accept and consider comments from
the public with respect to the preliminary redistricting plan
published under paragraph (3) for not fewer than 30 days after
the date on which the plan is published.
(5) Post-publication hearings.--
(A) 3 hearings required.--After posting and
publishing the preliminary redistricting plan under
paragraph (3), the commission shall hold not fewer than
3 public hearings at which members of the public may
provide input and comments regarding the preliminary
plan.
(B) Minimum period for notice prior to hearings.--
The commission shall notify the public through the
website maintained under subsection (b)(2), as well as
through publication of notice in newspapers of general
circulation throughout the State, of the date, time,
and location of each of the hearings held under this
paragraph not fewer than 14 days prior to the date of
the hearing.
(6) Permitting multiple preliminary plans.--At the option
of the commission, after developing and publishing the
preliminary redistricting plan under this subsection, the
commission may develop and publish subsequent preliminary
redistricting plans, so long as the process for the development
and publication of each such subsequent plan meets the
requirements set forth in this subsection for the development
and publication of the first preliminary redistricting plan.
(d) Process for Enactment of Final Redistricting Plan.--
(1) In general.--After taking into consideration comments
from the public on any preliminary redistricting plan developed
and published under subsection (c), the independent
redistricting commission of a State shall develop and publish a
final redistricting plan for the State.
(2) Meeting; final vote.--Not later than August 15 of each
year ending in the numeral one, the commission shall hold a
public hearing at which the members of the commission shall
vote on approving the final plan for enactment into law.
(3) Publication of plan and accompanying materials.--Not
fewer than 14 days before the date of the meeting under
paragraph (2), the commission shall provide the following
information to the public through the website maintained under
subsection (b)(2), as well as through newspapers of general
circulation throughout the State:
(A) The final redistricting plan, including all
relevant maps.
(B) A report by the commission to accompany the
plan which provides the background for the plan and the
commission's reasons for selecting the plan as the
final redistricting plan, including responses to the
public comments received on any preliminary
redistricting plan developed and published under
subsection (c).
(C) Any dissenting or additional views with respect
to the plan of individual members of the commission.
(4) Enactment.--The final redistricting plan developed and
published under this subsection shall be deemed to be enacted
into law if--
(A) the plan is approved by a majority of the whole
membership of the commission; and
(B) at least one member of the commission appointed
from each of the categories of the approved selection
pool described in section 3202(b)(1) approves the plan.
(e) Deadline.--The independent redistricting commission of a State
shall approve a final redistricting plan for the State not later than
August 15 of each year ending in the numeral one.
SEC. 3204. ESTABLISHMENT OF RELATED ENTITIES.
(a) Establishment or Designation of Nonpartisan Agency of State
Legislature.--
(1) In general.--Each State shall establish a nonpartisan
agency in the legislative branch of the State government to
appoint the members of the independent redistricting commission
for the State in accordance with section 3201.
(2) Nonpartisanship described.--For purposes of this
subsection, an agency shall be considered to be nonpartisan if
under law the agency--
(A) is required to provide services on a
nonpartisan basis;
(B) is required to maintain impartiality; and
(C) is prohibited from advocating for the adoption
or rejection of any legislative proposal.
(3) Designation of existing agency.--At its option, a State
may designate an existing agency in the legislative branch of
its government to appoint the members of the independent
redistricting commission plan for the State under this title,
so long as the agency meets the requirements for
nonpartisanship under this subsection.
(4) Termination of agency specifically established for
redistricting.--If a State does not designate an existing
agency under paragraph (3) but instead establishes a new agency
to serve as the nonpartisan agency under this section, the new
agency shall terminate upon the enactment into law of the
redistricting plan for the State.
(5) Deadline.--The State shall meet the requirements of
this subsection not later than each August 15 of a year ending
in the numeral nine.
(b) Establishment of Select Committee on Redistricting.--
(1) In general.--Each State shall appoint a Select
Committee on Redistricting to approve or disapprove a selection
pool developed by the independent redistricting commission for
the State under section 3202.
(2) Appointment.--The Select Committee on Redistricting for
a State under this subsection shall consist of the following
members:
(A) 1 member of the upper house of the State
legislature, who shall be appointed by the leader of
the party with the greatest number of seats in the
upper house.
(B) 1 member of the upper house of the State
legislature, who shall be appointed by the leader of
the party with the second greatest number of seats in
the upper house.
(C) 1 member of the lower house of the State
legislature, who shall be appointed by the leader of
the party with the greatest number of seats in the
lower house.
(D) 1 member of the lower house of the State
legislature, who shall be appointed by the leader of
the party with the second greatest number of seats in
the lower house.
(3) Special rule for states with unicameral legislature.--
In the case of a State with a unicameral legislature, the
Select Committee on Redistricting for the State under this
subsection shall consist of the following members:
(A) 2 members of the State legislature appointed by
the leader of the party with the greatest number of
seats in the legislature.
(B) 2 members of the State legislature appointed by
the leader of the party with the second greatest number
of seats in legislature.
(4) Deadline.--The State shall meet the requirements of
this subsection not later than each January 15 of a year ending
in the numeral zero.
Subtitle C--Role of Courts in Development of Redistricting Plans
SEC. 3301. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT.
(a) Development of Plan.--If any of the triggering events described
in subsection (c) occur with respect to a State--
(1) not later than December 15 of the year in which the
triggering event occurs, the United States District Court for
the District of Columbia, acting through a 3-judge court
convened pursuant to section 2284 of title 28, United States
Code, shall develop and publish the Congressional redistricting
plan for the State; and
(2) the plan developed and published by the Court under
this subsection shall be deemed to be enacted on the date on
which the Court publishes the plan.
(b) Procedures for Development of Plan.--
(1) Criteria.--It is the sense of Congress that, in
developing a redistricting plan for a State under this section,
the Court should adhere to the same terms and conditions that
applied (or that would have applied, as the case may be) to the
development of a plan by the independent redistricting
commission of the State under section 3203(a).
(2) Access to information and records of commission.--The
Court shall have access to any information, data, software, or
other records and material that was used (or that would have
been used, as the case may be) by the independent redistricting
commission of the State in carrying out its duties under this
title.
(c) Triggering Events Described.--The ``triggering events''
described in this subsection are as follows:
(1) The failure of the State to establish or designate a
nonpartisan agency of the State legislature under section
3204(a) prior to the expiration of the deadline set forth in
section 3204(a)(5).
(2) The failure of the State to appoint a Select Committee
on Redistricting under section 3204(b) prior to the expiration
of the deadline set forth in section 3204(b)(4).
(3) The failure of the Select Committee on Redistricting to
approve any selection pool under section 3202 prior to the
expiration of the deadline set forth for the approval of the
second replacement selection pool in section 3202(d)(2).
(4) The failure of the independent redistricting commission
of the State to approve a final redistricting plan for the
State prior to the expiration of the deadline set forth in
section 3203(e).
SEC. 3302. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF
FEDERAL COURT.
If a Federal court requires a State to conduct redistricting
subsequent to an apportionment of Representatives in the State in order
to comply with the Constitution or to enforce the Voting Rights Act of
1965, section 3203 shall apply with respect to the redistricting,
except that the court may revise any of the deadlines set forth in such
section if the court determines that a revision is appropriate in order
to provide for a timely enactment of a new redistricting plan for the
State.
Subtitle D--Administrative and Miscellaneous Provisions
SEC. 3401. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.
(a) Authorization of Payments.--Subject to subsection (d), not
later than 30 days after a State receives a State apportionment notice,
the Election Assistance Commission shall make a payment to the State in
an amount equal to the product of--
(1) the number of Representatives to which the State is
entitled, as provided under the notice; and
(2) $150,000.
(b) Use of Funds.--A State shall use the payment made under this
section to establish and operate the State's independent redistricting
commission, to implement the State redistricting plan, and to otherwise
carry out Congressional redistricting in the State.
(c) No Payment to States With Single Member.--The Election
Assistance Commission shall not make a payment under this section to
any State which is not entitled to more than one Representative under
its State apportionment notice.
(d) Requiring Submission of Selection Pool as Condition of
Payment.--The Election Assistance Commission may not make a payment to
a State under this section until the State certifies to the Commission
that the nonpartisan agency established or designated by a State under
section 3204(a) has, in accordance with section 3202(b)(1), submitted a
selection pool to the Select Committee on Redistricting for the State
established under section 3204(b).
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for payments under this
section.
SEC. 3402. CIVIL ENFORCEMENT.
(a) Civil Enforcement.--
(1) Actions by attorney general.--The Attorney General may
bring a civil action in an appropriate district court for such
relief as may be appropriate to carry out this title.
(2) Availability of private right of action.--Any citizen
of a State who is aggrieved by the failure of the State
redistricting plan which is enacted into law under section 3203
to meet the requirements for such a plan under this title may
bring a civil action in an appropriate district court for such
relief as may be appropriate to remedy the failure, so long as
the individual brings the action during the 45-day period which
begins on the date on which the plan is enacted into law.
(b) Expedited Consideration.--In any action brought forth under
this section, the following rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard by a 3-
judge court convened pursuant to section 2284 of title 28,
United States Code.
(2) The 3-judge court shall consolidate actions brought for
relief under subsection (b)(1) with respect to the same State
redistricting plan.
(3) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(4) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(5) It shall be the duty of the district court 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.
(c) Attorney's Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney fees, including litigation expenses, and costs.
(d) Relation to Other Laws.--
(1) Rights and remedies additional to other rights and
remedies.--The rights and remedies established by this section
are in addition to all other rights and remedies provided by
law, and neither the rights and remedies established by this
section nor any other provision of this title shall supersede,
restrict, or limit the application of the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.).
(2) Voting rights act of 1965.--Nothing in this title
authorizes or requires conduct that is prohibited by the Voting
Rights Act of 1965 (52 U.S.C. 10301 et seq.).
SEC. 3403. STATE APPORTIONMENT NOTICE DEFINED.
In this title, the ``State apportionment notice'' means, with
respect to a State, the notice sent to the State from the Clerk of the
House of Representatives under section 22(b) of the Act entitled ``An
Act to provide for the fifteenth and subsequent decennial censuses and
to provide for an apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a), of the number of Representatives
to which the State is entitled.
SEC. 3404. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.
Nothing in this title or in any amendment made by this title may be
construed to affect the manner in which a State carries out elections
for State or local office, including the process by which a State
establishes the districts used in such elections.
SEC. 3405. EFFECTIVE DATE.
This title and the amendments made by this title shall apply with
respect to redistricting carried out pursuant to the decennial census
conducted during 2020 or any succeeding decennial census.
TITLE IV--VOTER REGISTRATION
Subtitle A--Automatic Voter Registration
SEC. 4001. SHORT TITLE; FINDINGS AND PURPOSE.
(a) Short Title.--This subtitle may be cited as the ``Automatic
Voter Registration Act of 2017''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the right to vote is a fundamental right of
citizens of the United States;
(B) it is the responsibility of the State and
Federal governments to ensure that every eligible
citizen is registered to vote;
(C) existing voter registration systems can be
inaccurate, costly, inaccessible and confusing, with
damaging effects on voter participation in elections
and disproportionate impacts on young people, persons
with disabilities, and racial and ethnic minorities;
and
(D) voter registration systems must be updated with
21st century technologies and procedures to maintain
their security.
(2) Purpose.--It is the purpose of this subtitle--
(A) to establish that it is the responsibility of
government at every level to ensure that all eligible
citizens are registered to vote;
(B) to enable the State and Federal governments to
register all eligible citizens to vote with accurate,
cost-efficient, and up-to-date procedures;
(C) to modernize voter registration and list
maintenance procedures with electronic and Internet
capabilities; and
(D) to protect and enhance the integrity, accuracy,
efficiency, and accessibility of the electoral process
for all eligible citizens.
SEC. 4002. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.
(a) Requiring States To Establish and Operate Automatic
Registration System.--
(1) In general.--The chief State election official of each
State shall establish and operate a system of automatic
registration for the registration of eligible individuals to
vote for elections for Federal office in the State, in
accordance with the provisions of this Act.
(2) Definition.--The term ``automatic registration'' means
a system that registers an individual to vote in elections for
Federal office in a State, if eligible, by electronically
transferring the information necessary for registration from
government agencies to election officials of the State so that,
unless the individual affirmatively declines to be registered,
the individual will be registered to vote in such elections.
(b) Registration of Voters Based on New Agency Records.--The chief
State election official shall--
(1) not later than 15 days after a contributing agency has
transmitted information with respect to an individual pursuant
to section 4003, ensure that the individual is registered to
vote in elections for Federal office in the State if the
individual is eligible to be registered to vote in such
elections; and
(2) send written notice to the individual, in addition to
other means of notice established by this title, of the
individual's voter registration status.
(c) One-Time Registration of Voters Based on Existing Contributing
Agency Records.--The chief State election official shall--
(1) identify all individuals whose information is
transmitted by a contributing agency pursuant to section 4004
and who are eligible to be, but are not currently, registered
to vote in that State;
(2) promptly send each such individual written notice, in
addition to other means of notice established by this title,
which shall not identify the contributing agency that
transmitted the information but shall include--
(A) an explanation that voter registration is
voluntary, but if the individual does not decline
registration, the individual will be registered to
vote;
(B) a statement offering the opportunity to decline
voter registration through means consistent with the
requirements of this title;
(C) in the case of a State in which affiliation or
enrollment with a political party is required in order
to participate in an election to select the party's
candidate in an election for Federal office, a
statement offering the individual the opportunity to
affiliate or enroll with a political party or to
decline to affiliate or enroll with a political party,
through means consistent with the requirements of this
title;
(D) the substantive qualifications of an elector in
the State as listed in the mail voter registration
application form for elections for Federal office
prescribed pursuant to section 9 of the National Voter
Registration Act of 1993, the consequences of false
registration, and a statement that the individual
should decline to register if the individual does not
meet all those qualifications;
(E) instructions for correcting any erroneous
information; and
(F) instructions for providing any additional
information which is listed in the mail voter
registration application form for elections for Federal
office prescribed pursuant to section 9 of the National
Voter Registration Act of 1993;
(3) ensure that each such individual who is eligible to
register to vote in elections for Federal office in the State
is promptly registered to vote not later than 45 days after the
official sends the individual the written notice under
paragraph (2), unless, during the 30-day period which begins on
the date the election official sends the individual such
written notice, the individual declines registration in
writing, through a communication made over the Internet, or by
an officially logged telephone communication; and
(4) send written notice to each such individual, in
addition to other means of notice established by this title, of
the individual's voter registration status.
(d) Contributing Agency Defined.--In this title, the term
``contributing agency'' means, with respect to a State, an agency
listed in section 4003(e).
SEC. 4003. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION.
(a) In General.--In accordance with this title, each contributing
agency in a State shall assist the State's chief election official in
registering to vote all eligible individuals served by that agency.
(b) Requirements for Contributing Agencies.--
(1) Instructions on automatic registration.--With each
application for service or assistance, and with each related
recertification, renewal, or change of address, or, in the case
of an institution of higher education, with each registration
of a student for enrollment in a course of study, each
contributing agency that (in the normal course of its
operations) requests individuals to affirm United States
citizenship (either directly or as part of the overall
application for service or assistance) shall inform each such
individual who is a citizen of the United States of the
following:
(A) Unless that individual declines to register to
vote, or is found ineligible to vote, the individual
will be registered to vote or, if applicable, the
individual's registration will be updated.
(B) The substantive qualifications of an elector in
the State as listed in the mail voter registration
application form for elections for Federal office
prescribed pursuant to section 9 of the National Voter
Registration Act of 1993, the consequences of false
registration, and the individual should decline to
register if the individual does not meet all those
qualifications.
(C) In the case of a State in which affiliation or
enrollment with a political party is required in order
to participate in an election to select the party's
candidate in an election for Federal office, the
requirement that the individual must affiliate or
enroll with a political party in order to participate
in such an election.
(D) Voter registration is voluntary, and neither
registering nor declining to register to vote will in
any way affect the availability of services or
benefits, nor be used for other purposes.
(2) Opportunity to decline registration required.--Each
contributing agency shall ensure that each application for
service or assistance, and each related recertification,
renewal, or change of address, or, in the case of an
institution of higher education, each registration of a student
for enrollment in a course of study, cannot be completed until
the individual is given the opportunity to decline to be
registered to vote.
(3) Information transmittal.--Upon the expiration of the
30-day period which begins on the date the contributing agency
informs the individual of the information described in
paragraph (1), each contributing agency shall electronically
transmit to the appropriate State election official, in a
format compatible with the statewide voter database maintained
under section 303 of the Help America Vote Act of 2002 (52
U.S.C. 21083), the following information, unless during such
30-day period the individual declined to be registered to vote:
(A) The individual's given name(s) and surname(s).
(B) The individual's date of birth.
(C) The individual's residential address.
(D) Information showing that the individual is a
citizen of the United States.
(E) The date on which information pertaining to
that individual was collected or last updated.
(F) If available, the individual's signature in
electronic form.
(G) Information regarding the individual's
affiliation or enrollment with a political party, if
the individual provides such information.
(H) Any additional information listed in the mail
voter registration application form for elections for
Federal office prescribed pursuant to section 9 of the
National Voter Registration Act of 1993, including any
valid driver's license number or the last 4 digits of
the individual's Social Security number, if the
individual provided such information.
(c) Alternate Procedure for Certain Contributing Agencies.--With
each application for service or assistance, and with each related
recertification, renewal, or change of address, or in the case of an
institution of higher education, with each registration of a student
for enrollment in a course of study, any contributing agency that in
the normal course of its operations does not request individuals
applying for service or assistance to affirm United States citizenship
(either directly or as part of the overall application for service or
assistance) shall--
(1) complete the requirements of section 7(a)(6) of the
National Voter Registration Act of 1993 (52 U.S.C.
20506(a)(6));
(2) ensure that each applicant's transaction with the
agency cannot be completed until the applicant has indicated
whether the applicant wishes to register to vote or declines to
register to vote in elections for Federal office held in the
State; and
(3) for each individual who wishes to register to vote,
transmit that individual's information in accordance with
subsection (b)(3).
(d) Required Availability of Automatic Registration Opportunity
With Each Application for Service or Assistance.--Each contributing
agency shall offer each individual, with each application for service
or assistance, and with each related recertification, renewal, or
change of address, or in the case of an institution of higher
education, with each registration of a student for enrollment in a
course of study, the opportunity to register to vote as prescribed by
this section without regard to whether the individual previously
declined a registration opportunity.
(e) Contributing Agencies.--
(1) State agencies.--In each State, each of the following
agencies shall be treated as a contributing agency:
(A) Each agency in a State that is required by
Federal law to provide voter registration services,
including the State motor vehicle authority and other
voter registration agencies under the National Voter
Registration Act of 1993.
(B) Each agency in a State that administers a
program pursuant to title III of the Social Security
Act (42 U.S.C. 501 et seq.), title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), or the Patient
Protection and Affordable Care Act (Public Law 111-
148).
(C) Each State agency primarily responsible for
regulating the private possession of firearms.
(D) Each State agency primarily responsible for
maintaining identifying information for students
enrolled at public secondary schools, including, where
applicable, the State agency responsible for
maintaining the education data system described in
section 6201(e)(2) of the America COMPETES Act (20
U.S.C. 9871(e)(2)).
(E) In the case of a State in which an individual
disenfranchised by a criminal conviction may become
eligible to vote upon completion of a criminal sentence
or any part thereof, or upon formal restoration of
rights, the State agency responsible for administering
that sentence, or part thereof, or that restoration of
rights.
(F) Any other agency of the State which is
designated by the State as a contributing agency.
(2) Federal agencies.--In each State, each of the following
agencies of the Federal Government shall be treated as a
contributing agency with respect to individuals who are
residents of that State (except as provided in subparagraph
(C)):
(A) The Social Security Administration, the
Department of Veterans Affairs, the Defense Manpower
Data Center of the Department of Defense, the Employee
and Training Administration of the Department of Labor,
and the Centers for Medicare & Medicaid Services of the
Department of Health and Human Services.
(B) The Bureau of Citizenship and Immigration
Services, but only with respect to individuals who have
completed the naturalization process.
(C) In the case of an individual who is a resident
of a State in which an individual disenfranchised by a
criminal conviction under Federal law may become
eligible to vote upon completion of a criminal sentence
or any part thereof, or upon formal restoration of
rights, the Federal agency responsible for
administering that sentence or part thereof (without
regard to whether the agency is located in the same
State in which the individual is a resident), but only
with respect to individuals who have completed the
criminal sentence or any part thereof.
(D) Any other agency of the Federal Government
which the State designates as a contributing agency,
but only if the State and the head of the agency
determine that the agency collects information
sufficient to carry out the responsibilities of a
contributing agency under this section.
(3) Institutions of higher education.--Each institution of
higher education that receives Federal funds shall be treated
as a contributing agency in the State in which it is located,
but only with respect to students of the institution (including
students who attend classes online) who reside in the State. An
institution of higher education described in the previous
sentence shall be exempt from the voter registration
requirements of section 487(a)(23) of the Higher Education Act
of 1965 (20 U.S.C. 1094(a)(23)) if the institution is in
compliance with the applicable requirements of this Act.
(4) Publication.--Not later than 180 days prior to the date
of each election for Federal office held in the State, the
chief State election official shall publish on the public
website of the official an updated list of all contributing
agencies in that State.
(5) Public education.--The chief State election official of
each State, in collaboration with each contributing agency,
shall take appropriate measures to educate the public about
voter registration under this section.
SEC. 4004. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION OF
ELIGIBLE VOTERS IN EXISTING RECORDS.
(a) Initial Transmittal of Information.--For each individual
already listed in a contributing agency's records as of the date of
enactment of this Act, and for whom the agency has the information
listed in section 4003(b)(3), the agency shall promptly transmit that
information to the appropriate State election official in accordance
with section 4003(b)(3) not later than the effective date described in
section 4011(a).
(b) Transition.--For each individual listed in a contributing
agency's records as of the effective date described in section 4011(a)
(but who was not listed in a contributing agency's records as of the
date of enactment of this Act), and for whom the agency has the
information listed in section 4003(b)(3), the Agency shall promptly
transmit that information to the appropriate State election official in
accordance with section 4003(b)(3) not later than 6 months after the
effective date described in section 4011(a).
SEC. 4005. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION.
(a) Protections for Errors in Registration.--An individual shall
not be prosecuted under any Federal law, adversely affected in any
civil adjudication concerning immigration status or naturalization, or
subject to an allegation in any legal proceeding that the individual is
not a citizen of the United States on any of the following grounds:
(1) The individual notified an election office of the
individual's automatic registration to vote under this title.
(2) The individual is not eligible to vote in elections for
Federal office but was automatically registered to vote under
this title.
(3) The individual was automatically registered to vote
under this title at an incorrect address.
(4) The individual declined the opportunity to register to
vote or did not make an affirmation of citizenship, including
through automatic registration, under this title.
(b) Limits on Use of Automatic Registration.--The automatic
registration of any individual or the fact that an individual declined
the opportunity to register to vote or did not make an affirmation of
citizenship (including through automatic registration) under this title
may not be used as evidence against that individual in any State or
Federal law enforcement proceeding, and an individual's lack of
knowledge or willfulness of such registration may be demonstrated by
the individual's testimony alone.
(c) Protection of Election Integrity.--Nothing in subsection (a) or
(b) may be construed to prohibit or restrict any action under color of
law against an individual who--
(1) knowingly and willfully makes a false statement to
effectuate or perpetuate automatic voter registration by any
individual; or
(2) casts a ballot knowingly and willfully in violation of
State law or the laws of the United States.
(d) Contributing Agencies' Protection of Information.--Nothing in
this title authorizes a contributing agency to collect, retain,
transmit, or publicly disclose any of the following:
(1) An individual's decision to decline to register to vote
or not to register to vote.
(2) An individual's decision not to affirm his or her
citizenship.
(3) Any information that a contributing agency transmits
pursuant to section 4003(b)(3), except in pursuing the agency's
ordinary course of business.
(e) Election Officials' Protection of Information.--
(1) Public disclosure prohibited.--
(A) In general.--Subject to subparagraph (B), with
respect to any individual for whom any State election
official receives information from a contributing
agency, the State election officials shall not publicly
disclose any of the following:
(i) The identity of the contributing
agency.
(ii) Any information not necessary to voter
registration.
(iii) Any voter information otherwise
shielded from disclosure under State law or
section 8(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)).
(iv) Any portion of the individual's Social
Security number.
(v) Any portion of the individual's motor
vehicle driver's license number.
(vi) The individual's signature.
(vii) The individual's telephone number.
(viii) The individual's email address.
(B) Special rule for individuals registered to
vote.--With respect to any individual for whom any
State election official receives information from a
contributing agency and who, on the basis of such
information, is registered to vote in the State under
this title, the State election officials shall not
publicly disclose any of the following:
(i) The identity of the contributing
agency.
(ii) Any information not necessary to voter
registration.
(iii) Any voter information otherwise
shielded from disclosure under State law or
section 8(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)).
(iv) Any portion of the individual's Social
Security number.
(v) Any portion of the individual's motor
vehicle driver's license number.
(vi) The individual's signature.
(2) Voter record changes.--Each State shall maintain for at
least 2 years and shall make available for public inspection
and, where available, photocopying at a reasonable cost, all
records of changes to voter records, including removals and
updates.
(3) Database management standards.--The Director of the
National Institute of Standards and Technology shall, after
providing the public with notice and the opportunity to
comment--
(A) establish standards governing the comparison of
data for voter registration list maintenance purposes,
identifying as part of such standards the specific data
elements, the matching rules used, and how a State may
use the data to determine and deem that an individual
is ineligible under State law to vote in an election,
or to deem a record to be a duplicate or outdated;
(B) ensure that the standards developed pursuant to
this paragraph are uniform and nondiscriminatory and
are applied in a uniform and nondiscriminatory manner;
and
(C) publish the standards developed pursuant to
this paragraph on the Director's website and make those
standards available in written form upon request.
(4) Security policy.--The Director of the National
Institute of Standards and Technology shall, after providing
the public with notice and the opportunity to comment, publish
privacy and security standards for voter registration
information. The standards shall require the chief State
election official of each State to adopt a policy that shall
specify--
(A) each class of users who shall have authorized
access to the computerized statewide voter registration
list, specifying for each class the permission and
levels of access to be granted, and setting forth other
safeguards to protect the privacy, security, and
accuracy of the information on the list; and
(B) security safeguards to protect personal
information transmitted through the information
transmittal processes of section 4003 or section 4004,
the online system used pursuant to section 4007, any
telephone interface, the maintenance of the voter
registration database, and any audit procedure to track
access to the system.
(5) State compliance with national standards.--
(A) Certification.--The chief executive officer of
the State shall annually file with the Election
Assistance Commission a statement certifying to the
Director of the National Institute of Standards and
Technology that the State is in compliance with the
standards referred to in paragraphs (4) and (5). A
State may meet the requirement of the previous sentence
by filing with the Commission a statement which reads
as follows: ``_____ hereby certifies that it is in
compliance with the standards referred to in paragraphs
(4) and (5) of section 4005(e) of the Automatic Voter
Registration Act of 2017.'' (with the blank to be
filled in with the name of the State involved).
(B) Publication of policies and procedures.--The
chief State election official of a State shall publish
on the official's website the policies and procedures
established under this section, and shall make those
policies and procedures available in written form upon
public request.
(C) Funding dependent on certification.--If a State
does not timely file the certification required under
this paragraph, it shall not receive any payment under
this Act for the upcoming fiscal year.
(D) Compliance of states that require changes to
state law.--In the case of a State that requires State
legislation to carry out an activity covered by any
certification submitted under this paragraph, for a
period of not more than 2 years the State shall be
permitted to make the certification notwithstanding
that the legislation has not been enacted at the time
the certification is submitted, and such State shall
submit an additional certification once such
legislation is enacted.
(f) Restrictions on Use of Information.--No person acting under
color of law may discriminate against any individual based on, or use
for any purpose other than voter registration, election administration,
or enforcement relating to election crimes, any of the following:
(1) Voter registration records.
(2) An individual's declination to register to vote or
complete an affirmation of citizenship under section 4003(b).
(3) An individual's voter registration status.
(g) Prohibition on the Use of Voter Registration Information for
Commercial Purposes.--Information collected under this title shall not
be used for commercial purposes. Nothing in this subsection may be
construed to prohibit the transmission, exchange, or dissemination of
information for political purposes, including the support of campaigns
for election for Federal, State, or local public office or the
activities of political committees (including committees of political
parties) under the Federal Election Campaign Act of 1971.
SEC. 4006. REGISTRATION PORTABILITY AND CORRECTION.
(a) Correcting Registration Information at Polling Place.--
Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52
U.S.C. 21082(a)), if an individual is registered to vote in elections
for Federal office held in a State, the appropriate election official
at the polling place for any such election (including a location used
as a polling place on a date other than the date of the election) shall
permit the individual to--
(1) update the individual's address for purposes of the
records of the election official;
(2) correct any incorrect information relating to the
individual, including the individual's name and political party
affiliation, in the records of the election official; and
(3) cast a ballot in the election on the basis of the
updated address or corrected information, and to have the
ballot treated as a regular ballot and not as a provisional
ballot under section 302(a) of such Act.
(b) Updates to Computerized Statewide Voter Registration Lists.--If
an election official at the polling place receives an updated address
or corrected information from an individual under subsection (a), the
official shall ensure that the address or information is promptly
entered into the computerized statewide voter registration list in
accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act
of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)).
SEC. 4007. ONLINE REGISTRATION.
(a) In General.--Each State shall ensure that the following
services are available on the official public websites of the
appropriate State election officials:
(1) Application for or update to voter registration using
an electronic version of the mail voter registration
application form the Election Assistance Commission prescribes,
and any additional voter registration form the State develops
pursuant to section 6(a) of the National Voter Registration Act
of 1993 (52 U.S.C. 20505(a)).
(2) Completion of a printable version of the mail voter
registration application form the Election Assistance
Commission prescribes, and any additional voter registration
form the State develops pursuant to section 6(a) of the
National Voter Registration Act of 1993 (52 U.S.C. 20505(a)).
(3) Correction of voter registration.
(4) Designation of political party affiliation, where
applicable.
(5) Cancellation of registration and removal from the voter
rolls.
(6) Declination of any automatic registration.
(b) Signature Requirements.--The appropriate State election
official shall accept an online voter registration application and
register each eligible individual to vote if the application provides a
signature by any of the following:
(1) In the case of an individual who has a signature on
file with a State agency, including the State motor vehicle
authority, that is required to provide voter registration
services by the National Voter Registration Act of 1993 (52
U.S.C. 20501 et seq.), the individual consents to the transfer
of that electronic signature.
(2) The individual submits with the application an
electronic copy of the individual's handwritten signature.
(3) If the State chooses to accept it, the individual's
execution of a computerized mark in the signature field on an
online voter registration application.
(4) The individual otherwise completes registration under
this section and provides a signature at the time of casting a
ballot in an election or at the time of applying for a ballot
(including an absentee ballot) in an upcoming election. The
online system and disposition notice sent to any individual
pursuant to this paragraph must inform the individual of the
process for providing a signature.
(c) Interagency Transmission of Electronic Signatures.--Each State
agency that is required by the National Voter Registration Act of 1993
(52 U.S.C. 20501 et seq.) to provide voter registration services,
including the State motor vehicle authority, shall electronically
transmit to the appropriate State election official the signature of
any individual who has a signature on file with the agency and who
consents to the transfer of that electronic signature under subsection
(b)(1).
(d) Pre-Election Correction.--Any correction to the statewide voter
registration database pursuant to this section that is made no later
than the lesser of thirty days, or the period State law provides,
before a Federal election shall be effective for purposes of that
Federal election and succeeding elections.
(e) Accessibility of Services.--Each State shall ensure that all of
the services provided under this section are provided in a manner
accessible to individuals with disabilities.
SEC. 4008. PAYMENTS AND GRANTS.
(a) In General.--The Election Assistance Commission shall make
grants to each eligible State to assist the State in implementing the
requirements of this title.
(b) Eligibility; Application.--A State is eligible to receive a
grant under this section if the State submits to the Commission, at
such time and in such form as the Commission may require, an
application containing--
(1) a description of the activities the State will carry
out with the grant;
(2) an assurance that the State shall carry out such
activities without partisan bias and without promoting any
particular point of view regarding any issue; and
(3) such other information and assurances as the Commission
may require.
(c) Amount of Grant; Priorities.--The Commission shall determine
the amount of a grant made to an eligible State under this section. In
determining the amounts of the grants, the Commission shall give
priority to providing funds for those activities which are most likely
to accelerate compliance with the requirements of this title,
including--
(1) investments supporting electronic information transfer,
including electronic collection and transfer of signatures,
between contributing agencies and the appropriate State
election officials;
(2) updates to online or electronic voter registration
systems already operating as of the date of the enactment of
this Act;
(3) introduction of online voter registration systems in
jurisdictions in which those systems did not previously exist;
and
(4) public education on the availability of new methods of
registering to vote, updating registration, and correcting
registration.
(d) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this section--
(A) $500,000,000 for fiscal year 2018; and
(B) such sums as may be necessary for each
succeeding fiscal year.
(2) Continuing availability of funds.--Any amounts
appropriated pursuant to the authority of this subsection shall
remain available without fiscal year limitation until expended.
SEC. 4009. MISCELLANEOUS PROVISIONS.
(a) Accessibility of Registration Services.--Each contributing
agency shall ensure that the services it provides under this title are
made available to individuals with disabilities to the same extent as
services are made available to all other individuals.
(b) Transmission Through Secure Third Party Permitted.--Nothing in
this title shall be construed to prevent a contributing agency from
contracting with a third party to assist the agency in meeting the
information transmittal requirements of this Act, so long as the data
transmittal complies with the applicable requirements of this title,
including the privacy and security provisions of section 4005.
(c) Nonpartisan, Nondiscriminatory Provision of Services.--The
services made available by contributing agencies under this title and
by the State under sections 4006 and 4007 shall be made in a manner
consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the
National Voter Registration Act of 1993 (52 U.S.C. 20506(a)).
(d) Notices.--Each State may send notices under this title via
electronic mail if the individual has provided an electronic mail
address and consented to electronic mail communications for election-
related materials. All notices sent pursuant to this title that require
a response must offer the individual notified the opportunity to
respond at no cost to the individual.
(e) Enforcement.--Section 11 of the National Voter Registration Act
of 1993 (52 U.S.C. 20510), relating to civil enforcement and the
availability of private rights of action, shall apply with respect to
this title in the same manner as such section applies to such Act.
(f) Relation to Other Laws.--Except as provided, nothing in this
title may be construed to authorize or require conduct prohibited
under, or to supersede, restrict, or limit the application of any of
the following:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(3) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et
seq.).
SEC. 4010. DEFINITIONS.
In this title, the following definitions apply:
(1) The term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of 1993
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act.
(2) The term ``Commission'' means the Election Assistance
Commission.
(3) The term ``State'' means each of the several States and
the District of Columbia.
SEC. 4011. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this
subtitle and the amendments made by this subtitle shall apply with
respect to a State beginning January 1, 2019.
(b) Waiver.--Subject to the approval of the Commission, if a State
certifies to the Commission that the State will not meet the deadline
referred to in subsection (a) because of extraordinary circumstances
and includes in the certification the reasons for the failure to meet
the deadline, subsection (a) shall apply to the State as if the
reference in such subsection to ``January 1, 2019'' were a reference to
``January 1, 2021''.
Subtitle B--Same Day Registration
SEC. 4101. SHORT TITLE.
This subtitle may be cited as the ``Same Day Registration Act of
2017''.
SEC. 4102. SAME DAY REGISTRATION.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after
section 303 the following new section:
``SEC. 303A. SAME DAY REGISTRATION.
``(a) In General.--
``(1) Registration.--Notwithstanding section 8(a)(1)(D) of
the National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(1)(D)), each State shall permit any eligible
individual on the day of a Federal election and on any day when
voting, including early voting, is permitted for a Federal
election--
``(A) to register to vote in such election at the
polling place using a form that meets the requirements
under section 9(b) of the National Voter Registration
Act of 1993 (or, if the individual is already
registered to vote, to revise any of the individual's
voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of the enactment of
this section, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any election for Federal
office, an individual who is otherwise qualified to vote in that
election.
``(c) Effective Date.--Each State shall be required to comply with
the requirements of subsection (a) for the regularly scheduled general
election for Federal office occurring in November 2018 and for any
subsequent election for Federal office.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 303A''.
(c) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 303 the
following new item:
``Sec. 303A. Same day registration.''.
Subtitle C--Vote by Mail
SEC. 4201. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN FEDERAL
ELECTIONS.
(a) Voting by Mail in Federal Elections.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 4102, is amended by inserting after section 303A the
following new section:
``SEC. 303B. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) In General.--If an individual in a State is eligible to cast
a vote in an election for Federal office, the State may not impose any
additional conditions or requirements on the eligibility of the
individual to cast the vote in such election by mail, except to the
extent that the State imposes a deadline for returning the ballot to
the appropriate State or local election official.
``(b) Provision of Ballot Materials.--Not later than 2 weeks before
the date of any election for Federal office, each State shall mail
ballots to individuals who are registered to vote in such election.
``(c) Accessibility for Individuals With Disabilities.--All ballots
provided under this section shall be accessible to individuals with
disabilities in a manner that provides the same opportunity for access
and participation (including for privacy and independence) as for other
voters.
``(d) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of States to conduct elections for
Federal office through the use of polling places at which individuals
cast ballots.
``(e) Effective Date.--A State shall be required to comply with the
requirements of subsection (a) with respect to elections for Federal
office held in years beginning with 2020.''.
(2) Conforming amendment relating to enforcement.--Section
401 of such Act (52 U.S.C. 21111), as amended by section
4102(b), is amended by striking ``and 303A'' and inserting
``303A, and 303B''.
(3) Clerical amendment.--The table of contents for such
Act, as amended by section 4102(c), is amended by inserting
after the item relating to section 303A the following new item:
``Sec. 303B. Promoting ability of voters to vote by mail.''.
(b) Free Postage for Voting by Mail.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding at the end the following:
``Sec. 3407. Ballots provided for voting in Federal elections
``Ballots mailed pursuant to section 303B(b) of the Help America
Vote Act of 2002 (individually or in bulk) shall be carried
expeditiously and free of postage.''.
(2) Technical and conforming amendments.--
(A) Table of sections.--The table of sections for
chapter 34 of title 39, United States Code, is amended
by adding at the end the following:
``3407. Ballots provided for voting in Federal elections.''.
(B) Authorization of appropriations.--Section
2401(c) of title 39, United States Code, is amended by
striking ``3403 through 3406'' and inserting ``3403
through 3407''.
TITLE V--SEVERABILITY
SEC. 5001. 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.
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