115 S1880 IS: We the People Democracy Reform Act of 2017 U.S. Senate 2017-09-27 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II115th CONGRESS1st SessionS. 1880IN THE SENATE OF THE UNITED STATESSeptember 27, 2017Mr. 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 FinanceA BILLTo 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.

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.

.

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:

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.

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.

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.

E

Addressing conflicts of interest

1401.

Short title

This subtitle may be cited as the Presidential Conflicts of Interest Act of 2017.

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.

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)..

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..

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:

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.

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.

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.

F

Public access to visitor logs

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.

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.

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.

G

Requiring individuals nominated or appointed to certain positions To disclose certain types of contributions

1601.

Short title

This subtitle may be cited as the Conflicts from Political Fundraising Act of 2017.

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.

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.).

.

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..

B

Improving voter information

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.

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..

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.

II

Responsibilities of the Federal Election Commission

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.

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).

III

Participation in Funding of Elections

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:

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.

IV

Revenue provisions

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: 37

Tax on payments pursuant to certain government contracts

Sec. 4501. Imposition of tax.

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.

V

Effective date

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.