117 S5315 IS: Anti-Corruption and Public Integrity Act U.S. Senate 2022-12-20 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.

II 117th CONGRESS2d Session S. 5315 IN THE SENATE OF THE UNITED STATES December 20, 2022 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To improve the anti-corruption and public integrity laws, and for other purposes.

1.

Short title

This Act may be cited as the Anti-Corruption and Public Integrity Act.

2.

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Applicability. TITLE I—Public Integrity, Ethics, Conflicts of Interest, and Revolving Door Subtitle A—Conflicts of Interest Sec. 101. Definitions. Sec. 102. Lobbyist ban. Sec. 103. Executive branch conflicts of interest law expansions. Sec. 104. Legislative branch conflicts of interest law expansions. Sec. 105. Conflicts of interest rules for all senior government officials and nonconflicted Federal employee investment accounts. Sec. 106. Post-employment restrictions. Sec. 107. Golden parachutes ban. Sec. 108. General public integrity rules. Sec. 109. Legal expense funds. Sec. 110. Penalties. Subtitle B—Presidential conflicts of interest Sec. 111. Short title. Sec. 112. Divestiture of personal financial interests of the President and Vice President that pose a potential conflict of interest. Sec. 113. Recusal of appointees. Sec. 114. Contracts by the President or Vice President. Sec. 115. Presidential transition ethics programs. Sec. 116. Criminality of the President or other senior government officials. Sec. 117. Presidential obstruction of justice. Sec. 118. Sense of Congress regarding violations. Sec. 119. Rule of construction. Sec. 120. Severability. Subtitle C—Strengthening criminal anti-Corruption laws Sec. 121. Bribery of public officials and witnesses. Sec. 122. Prohibition on undisclosed self-dealing by public officials. Subtitle D—Requiring financial disclosures before taking office Sec. 131. Prohibition on taking office until financial disclosures are filed. Subtitle E—Strengthening Inauguration Fund Rules Sec. 141. Strengthening Inauguration Fund rules. Subtitle F—Political intelligence transparency Sec. 151. Disclosure of political intelligence activities under Lobbying Disclosure Act. Sec. 152. Effective date. TITLE II—Lobbying Reform Sec. 201. Enforcement by the Office of Public Integrity. Sec. 202. Definitions. Sec. 203. Registration of lobbyists. Sec. 204. Reports by lobbyists. Sec. 205. Prohibition on foreign lobbying. Sec. 206. Prohibition on contingent fee lobbying. Sec. 207. Prohibition on provision of gifts or travel by registered lobbyists. Sec. 208. Application of General Schedule to Congress. Sec. 209. Reestablishment of Office of Technology Assessment. Sec. 210. Progressive tax on lobbying expenditures. Sec. 211. Disclosure of registration status. TITLE III—Rulemaking reform Sec. 301. Disclosure of conflicts of interest. Sec. 302. Increasing disclosures relating to studies and research. Sec. 303. Disclosure of inter-governmental rule changes. Sec. 304. Justification of withdrawn rules. Sec. 305. Negotiated rulemaking. Sec. 306. Streamlining OIRA review. Sec. 307. Limiting temporary court injunctions and postponing of final rules pending judicial review. Sec. 308. Penalizing individuals that submit false information to agencies. Sec. 309. Establishment of the Office of the Public Advocate. Sec. 310. Actions by private persons. Sec. 311. Scope of review. Sec. 312. Expanding rule making notifications. Sec. 313. Public petitions. Sec. 314. Amendment to Congressional Review Act. Sec. 315. Cost-benefit analysis. Sec. 316. Sense of Congress. TITLE IV—Judicial Ethics Sec. 401. Clarification of gift ban. Sec. 402. Restrict privately funded educational events and speeches. Sec. 403. Code of Conduct. Sec. 404. Improving disclosure. Sec. 405. Appointment of administrative law judges. Sec. 406. Improve reporting on judicial diversity. Sec. 407. Pleading standards. Sec. 408. Electronic court records reform. Sec. 409. Forced arbitration injustice repeal. Sec. 410. Restrictions on protective orders and sealing of cases and settlements. Sec. 411. Secret settlements ban. Sec. 412. Oversight process for disqualification of justice, judge, or magistrate judge. Sec. 413. Complaints against retired judges and judicial discipline. Sec. 414. Action by judicial council in response to misconduct by judges. Sec. 415. Supreme Court Complaints Review Committee. Sec. 416. Expedited impeachment of Federal judges. Sec. 417. Judicial workplace climate surveys. Sec. 418. Pilot program to provide access to counsel in Federal court. TITLE V—Enforcement Subtitle A—Office of Public Integrity Sec. 511. Establishment of Office of Public Integrity. Sec. 512. Designated agency ethics officials. Subtitle B—Inspectors General Sec. 531. General supervision and removal of Inspectors General. Subtitle C—Office of Congressional Ethics Sec. 551. Definitions. Sec. 552. The Office of Congressional Ethics. Sec. 553. Establishment of the Board of the Office of Congressional Ethics. Sec. 554. Duties and Powers of the Office and the Board. Sec. 555. Review process of submissions. Sec. 556. Personnel matters. Sec. 557. Authorization of appropriations. Sec. 558. Conforming amendments and rules of construction. Subtitle D—Applicability Sec. 571. Applicability. TITLE VI—Transparency and Government Records Subtitle A—Transparency for Federal Personnel and Candidates for Federal Office Sec. 601. Categories relating to the amount or value of certain income. Sec. 602. Disclosure of personal income tax returns by Presidents, Vice Presidents, Members of Congress, and certain candidates. Sec. 603. Transparency relating to candidates for Federal office and Members of Congress. Subtitle B—Think Tank, Nonprofit, and Advocate Transparency Sec. 611. Amendments to the Lobbying Disclosure Act of 1995. Sec. 612. Amendments to the Internal Revenue Code of 1986. Subtitle C—Strengthening FOIA Enforcement Sec. 621. Strengthening FOIA enforcement. Sec. 622. Exemptions from disclosure. Sec. 623. Public interest balancing test. Sec. 624. Affirmative disclosure of agency records on website. Sec. 625. Applicability. Subtitle D—Federal Contractor Transparency Sec. 631. Expanding applicability of the Freedom of Information Act to Federal contractors. Sec. 632. Public disclosure by large contractors. Subtitle E—Congressional Transparency Sec. 641. Increased transparency of committee work. Sec. 642. Increased transparency of recorded votes. Sec. 643. Increased transparency of appropriations bills. TITLE VII—Campaign Finance Reforms Subtitle A—Requirements relating to preventing conflicts of interest Part I—Requirements relating to registered lobbyists and government contractors Sec. 701. Requirements relating to registered lobbyists. Sec. 702. Disclosure of political spending by government contractors. Sec. 703. Repeal of restriction of use of funds by Internal Revenue Service to bring transparency to political activity of certain nonprofit organizations. Sec. 704. Repeal of revenue procedure that eliminated requirement to report information regarding contributors to certain tax-exempt organizations. Part II—Requirements relating to corporations Sec. 711. Banning corporations from fundraising. Sec. 712. Banning contributions to Members of Congress from corporations under the jurisdiction of their committees. Sec. 713. Corporate PAC ban. Sec. 714. Disclosure of campaign-related disbursements. Part III—Requirements relating to foreign nationals Sec. 721. Banning foreign-owned and partially foreign-owned corporations from spending on United States elections. PART IV—Additional requirements SUBPART A—Campaign Finance Sec. 731. Clarification on treatment of information used to influence an election for Federal office as a contribution; clarification regarding purpose of influencing an election for Federal office. Sec. 732. Prohibition on super PAC-candidate coordination. Sec. 733. Disclosure of major donors, bundlers, and finance events in Presidential campaigns. Sec. 734. Lowering contribution limits; repeal of special contribution limits for contributions to national parties for certain purposes. Sec. 735. Restrictions on testing the waters. Sec. 736. Personal use ban for leadership PACS. Sec. 737. Prohibition on joint fundraising committees. SUBPART B—Prohibition on the appointment of big donor ambassadors and chiefs of mission Sec. 738. Prohibition on the appointment of big donor ambassadors and chiefs of mission. Subtitle B—Strengthening Oversight of Online Political Advertising Sec. 741. Expansion of definition of public communication. Sec. 742. Expansion of definition of electioneering communication. Sec. 743. Application of disclaimer statements to online communications. Sec. 744. Political record requirements for online platforms. Sec. 745. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Subtitle C—Public Financing Part I—Small Dollar Financing of Senate Election Campaigns Sec. 751. Eligibility requirements and benefits of fair elections financing of Senate election campaigns. Sec. 752. Exception to limitation on coordinated expenditures by political party committees with participating candidates. Sec. 753. Assessments against fines and penalties. Part II—Presidential Elections SUBPART A—Primary Elections Sec. 761. Increase in and modifications to matching payments. Sec. 762. Eligibility requirements for matching payments. Sec. 763. Repeal of expenditure limitations. Sec. 764. Period of availability of matching payments. Sec. 765. Examination and audits of matchable contributions. Sec. 766. Modification to limitation on contributions for Presidential primary candidates. Sec. 767. Use of Freedom From Influence Fund as source of payments. SUBPART B—General Elections Sec. 771. Modification of eligibility requirements for public financing. Sec. 772. Repeal of expenditure limitations and use of qualified campaign contributions. Sec. 773. Matching payments and other modifications to payment amounts. Sec. 774. Increase in limit on coordinated party expenditures. Sec. 775. Establishment of uniform date for release of payments. Sec. 776. Amounts in Presidential Election Campaign Fund. Sec. 777. Use of general election payments for general election legal and accounting compliance. Sec. 778. Use of Freedom From Influence Fund as source of payments. SUBPART C—Presidential nominating conventions Sec. 779. Payments for Presidential nominating conventions. SUBPART D—Effective Date Sec. 779A. Effective date. Subtitle D—Enhancing FEC Enforcement Sec. 781. Membership of Federal Election Commission. Sec. 782. Assignment of powers to Chair of Federal Election Commission. Sec. 783. Revision to enforcement process. Sec. 784. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 785. Permanent extension of administrative penalty authority. Sec. 786. Requiring forms to permit use of accent marks. Sec. 787. Restrictions on ex parte communications. Sec. 788. Clarifying authority of FEC attorneys to represent FEC in Supreme Court. Sec. 789. Effective date; transition. Subtitle E—Miscellaneous Sec. 791. Comptroller general report and briefing on campaign donations by nominees before the Senate. Sec. 792. Effective date. Sec. 793. Severability.

3.

Applicability

Except as provided otherwise in this Act, this Act and the amendments made by this Act shall apply on and after the date that is 1 year after the date of enactment of this Act.

.

752.

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 (6), 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..

753.

Assessments against fines and penalties

(a)

Assessments relating to criminal offenses

(1)

In general

Chapter 201 of title 18, United States Code, is amended by adding at the end the following new section:

3015.

Special assessments for Freedom From Influence Fund

(a)

Assessments

(1)

Convictions of crimes

In addition to any assessment imposed under this chapter, the court shall assess on any organizational defendant or any defendant who is a corporate officer or person with equivalent authority in any other organization who is convicted of a criminal offense under Federal law an amount equal to 2.75 percent of any fine imposed on that defendant in the sentence imposed for that conviction. (2)

Settlements

The court shall assess on any organizational defendant or defendant who is a corporate officer or person with equivalent authority in any other organization who has entered into a settlement agreement or consent decree with the United States in satisfaction of any allegation that the defendant committed a criminal offense under Federal law an amount equal to 2.75 percent of the amount of the settlement. (b)

Manner of collection

An amount assessed under subsection (a) shall be collected in the manner in which fines are collected in criminal cases. (c)

Transfers

In a manner consistent with section 3302(b) of title 31, there shall be transferred from the General Fund of the Treasury to the Freedom From Influence Fund under section 502 of the Federal Election Campaign Act of 1971 an amount equal to the amount of the assessments collected under this section.

. (2)

Clerical amendment

The table of sections of chapter 201 of title 18, United States Code, is amended by adding at the end the following: 3015. Special assessments for Freedom From Influence Fund.. (b)

Assessments relating to civil penalties

(1)

In general

Chapter 97 of title 31, United States Code, is amended by adding at the end the following new section:

9707.

Special assessments for Freedom From Influence Fund

(a)

Assessments

(1)

Civil penalties

Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose a civil penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 2.75 percent of the amount of the penalty. (2)

Administrative penalties

Any entity of the Federal Government which is authorized under any law, rule, or regulation to impose an administrative penalty shall assess on each person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, on whom such a penalty is imposed an amount equal to 2.75 percent of the amount of the penalty. (3)

Settlements

Any entity of the Federal Government which is authorized under any law, rule, or regulation to enter into a settlement agreement or consent decree with any person, other than a natural person who is not a corporate officer or person with equivalent authority in any other organization, in satisfaction of any allegation of an action or omission by the person which would be subject to a civil penalty or administrative penalty shall assess on such person an amount equal to 2.75 percent of the amount of the settlement. (b)

Manner of collection

An amount assessed under subsection (a) shall be collected— (1)in the case of an amount assessed under paragraph (1) of such subsection, in the manner in which civil penalties are collected by the entity of the Federal Government involved; (2)in the case of an amount assessed under paragraph (2) of such subsection, in the manner in which administrative penalties are collected by the entity of the Federal Government involved; and (3)in the case of an amount assessed under paragraph (3) of such subsection, in the manner in which amounts are collected pursuant to settlement agreements or consent decrees entered into by the entity of the Federal Government involved. (c)

Transfers

In a manner consistent with section 3302(b) of this title, there shall be transferred from the General Fund of the Treasury to the Freedom From Influence Fund under section 502 of the Federal Election Campaign Act of 1971 an amount equal to the amount of the assessments collected under this section. (d)

Exception for penalties and settlements under authority of the internal revenue code of 1986

(1)

In general

No assessment shall be made under subsection (a) with respect to any civil or administrative penalty imposed, or any settlement agreement or consent decree entered into, under the authority of the Internal Revenue Code of 1986. (2)

Cross reference

For application of special assessments for the Freedom From Influence Fund with respect to certain penalties under the Internal Revenue Code of 1986, see section 6761 of the Internal Revenue Code of 1986.

. (2)

Clerical amendment

The table of sections of chapter 97 of title 31, United States Code, is amended by adding at the end the following: 9707. Special assessments for Freedom From Influence Fund.. (c)

Assessments relating to certain penalties under the internal revenue code of 1986

(1)

In general

Chapter 68 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subchapter: D

Special Assessments for Freedom From Influence Fund

6761.

Special assessments for freedom from influence fund

(a)

In general

Each person required to pay a covered penalty shall pay an additional amount equal to 2.75 percent of the amount of such penalty. (b)

Covered penalty

For purposes of this section, the term covered penalty means any addition to tax, additional amount, penalty, or other liability provided under subchapter A or B. (c)

Exception for certain individuals

(1)

In general

In the case of a taxpayer who is an individual, subsection (a) shall not apply to any covered penalty if such taxpayer is an exempt taxpayer for the taxable year for which such covered penalty is assessed. (2)

Exempt taxpayer

For purposes of this subsection, a taxpayer is an exempt taxpayer for any taxable year if the taxable income of such taxpayer for such taxable year does not exceed the dollar amount at which begins the highest rate bracket in effect under section 1 with respect to such taxpayer for such taxable year. (d)

Application of certain rules

Except as provided in subsection (e), the additional amount determined under subsection (a) shall be treated for purposes of this title in the same manner as the covered penalty to which such additional amount relates. (e)

Transfer to freedom from influence fund

The Secretary shall deposit any additional amount under subsection (a) in the General Fund of the Treasury and shall transfer from such General Fund to the Freedom From Influence Fund established under section 502 of the Federal Election Campaign Act of 1971 an amount equal to the amounts so deposited (and, notwithstanding subsection (d), such additional amount shall not be the basis for any deposit, transfer, credit, appropriation, or any other payment, to any other trust fund or account). Rules similar to the rules of section 9601 shall apply for purposes of this subsection.

. (2)

Clerical amendment

The table of subchapters for chapter 68 of such Code is amended by adding at the end the following new item: Subchapter D—Special assessments for Freedom From Influence Fund. (d)

Effective dates

(1)

In general

Except as provided in paragraph (2), the amendments made by this section shall apply with respect to convictions, agreements, and penalties which occur on or after the date of the enactment of this Act. (2)

Assessments relating to certain penalties under the internal revenue code of 1986

The amendments made by subsection (c) shall apply to covered penalties assessed after the date of the enactment of this Act.

II

Presidential Elections

A

Primary Elections

761.

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 adding at the end 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 a direct contribution. (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)

Direct contribution

(A)

In general

For purposes of this subsection, the term direct contribution means, with respect to a candidate, a contribution which is made directly by an individual to the candidate or an authorized committee of the candidate and is not— (i)forwarded from the individual making the contribution to the candidate or committee by another person; or (ii)received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person. (B)

Other definitions

In subparagraph (A)— (i)the term person does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and (ii)a contribution is not made at the request, suggestion, or recommendation of another person solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual.. (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

Section 9034(b) of such Code is amended— (1)by striking The total and inserting the following: (1)

In general

The total; (2)by striking shall not exceed and all that follows and inserting shall not exceed $250,000,000.; and (3)by adding at the end the following new paragraph: (2)

Inflation adjustment

(A)

In general

In the case of any applicable period beginning after 2029, 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 2028 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 (A) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000..

762.

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 761(a)(3)(A), is amended by inserting or 9033(b) after 9034. (c)

Participation in system for payments for general election

Section 9033(b) of such Code 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 inserting after paragraph (4) the following new paragraph: (5)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.. (d)

Prohibition on joint fundraising committees

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 inserting after paragraph (5) the following new paragraph: (6)the candidate will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate, except that the candidate established a joint fundraising committee with respect to a prior election for which the candidate was not eligible to receive payments under section 9037 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of this paragraph so long as that joint fundraising committee does not receive any contributions or make any disbursements during the election cycle for which the candidate is eligible to receive payments under such section..

763.

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,.

764.

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.

765.

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.

766.

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.

767.

Use of Freedom From Influence Fund as source of payments

(a)

In general

Chapter 96 of subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

9043.

Use of Freedom From Influence Fund as source of payments

(a)

In general

Effective with respect to the Presidential election held in 2028 and each succeeding Presidential election, all payments made to candidates under this chapter shall be made from the Freedom From Influence Fund established under section 502 of the Federal Election Campaign Act of 1971 (hereafter in this section referred to as the Fund) and any reference in this chapter to the matching payment account shall be considered to be a reference to the Fund. (b)

Mandatory reduction of payments in case of insufficient amounts in Fund

(1)

Advance audits by Commission

Not later than 90 days before the first day of each Presidential election cycle (beginning with the cycle for the election held in 2028), the Commission shall— (A)audit the Fund to determine whether, after first making payments to participating candidates under title V of the Federal Election Campaign Act of 1971, the amounts remaining in the Fund will be sufficient to make payments to candidates under this chapter in the amounts provided under this chapter during such election cycle; and (B)submit a report to Congress describing the results of the audit. (2)

Reductions in amount of payments

(A)

Automatic reduction on pro rata basis

If, on the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of candidates to payments under this chapter for such cycle, the Commission shall reduce each amount which would otherwise be paid to a candidate under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such cycle. (B)

Restoration of reductions in case of availability of sufficient funds during election cycle

If, after reducing the amounts paid to candidates with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under subparagraph (A) (or any portion thereof, as the case may be). (C)

No use of amounts from other sources

In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to candidates under this chapter, moneys shall not be made available from any other source for the purpose of making such payments. (3)

No effect on amounts transferred for pediatric research initiative

This section does not apply to the transfer of funds under section 9008(i). (4)

Presidential election cycle defined

In this section, the term Presidential election cycle means, with respect to a Presidential election, the period beginning on the day after the date of the previous Presidential general election and ending on the date of the Presidential election.

. (b)

Conforming amendments

Section 9037(a) of the Internal Revenue Code of 1986 is amended by adding at the end the following: No amount shall be transferred under this subsection with respect to any Presidential election held after 2024, and any amounts remaining in such account after payments for such election are made shall be transferred to the Freedom from Influence Fund under section 502 of the Federal Election Campaign Act of 1971. (c)

Clerical amendment

The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9043. Use of Freedom From Influence Fund as source of payments..

B

General Elections

771.

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)

Prohibition on joint fundraising committees

(A)

Prohibition

The candidates certifies in writing that the candidates will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. (B)

Status of existing committees for prior elections

If a candidate established a joint fundraising committee described in subparagraph (A) with respect to a prior election for which the candidate was not eligible to receive payments under section 9006 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of subparagraph (A) so long as that joint fundraising committee does not receive any contributions or make any disbursements with respect to the election for which the candidate is eligible to receive payments under section 9006..

772.

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— (A)any contribution other than a qualified campaign 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 (B)any contribution 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..

773.

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 $250,000,000.. (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 2029, the $250,000,000 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 2028 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 772(b), 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 a direct contribution (as defined in section 9034(c)(3))..

774.

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)) is amended— (A)in subparagraph (B), by striking (d) and inserting (d)(2); and (B)by adding at the end the following new subparagraph: (D)In any calendar year after 2028— (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)) 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 2027..

775.

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.

776.

Amounts in Presidential Election Campaign 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..

777.

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..

778.

Use of Freedom From Influence Fund as source of payments

(a)

In general

Chapter 95 of subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

9013.

Use of Freedom From Influence Fund as source of payments

(a)

In general

Effective with respect to the Presidential election held in 2028 and each succeeding Presidential election, the Secretary of the Treasury shall transfer from the Freedom From Influence Fund established under section 502 of the Federal Election Campaign Act of 1971 to the Presidential Election Campaign Fund such additional amounts as are necessary to make payments pursuant to sections 9006(b) and 9008(j). (b)

Mandatory reduction of amount transferred in case of insufficient amounts in Fund

(1)

Advance audits by Commission

Not later than 90 days before the first day of each Presidential election cycle (beginning with the cycle for the election held in 2028), the Commission shall— (A)audit the Freedom From Influence Fund to determine whether, after first making payments to participating candidates under title V of the Federal Election Campaign Act of 1971 and then making payments to candidates under chapter 96, the amounts remaining in the Freedom From Influence Fund (in addition to amounts otherwise available in the Presidential Election Campaign Fund under section 9006(a)) will be sufficient to make payments under this chapter in the amounts provided under this chapter during such election cycle; and (B)submit a report to Congress describing the results of the audit. (2)

Reductions in amount transferred

(A)

Automatic reduction

If, on the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Freedom From Influence Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the full entitlements to payments under this chapter for such cycle, the Commission shall reduce the amount transferred under subsection (a) to ensure that the aggregate amount transferred with respect to the cycle will not exceed the amount anticipated to be available for making such payments with respect to such cycle. (B)

Restoration of reductions in case of availability of sufficient funds during election cycle

If, after reducing the amount transferred with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such amounts were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may provide for the transfer with respect to the election cycle of the amount by which such transfer was reduced under subparagraph (A) (or any portion thereof, as the case may be). (C)

No use of amounts from other sources

In any case in which the Commission determines that there are insufficient moneys in the Freedom From Influence Fund under this paragraph, moneys shall not be made available from any other source for the purpose of transferring funds pursuant to this section. (3)

No effect on amounts transferred for pediatric research initiative

This section does not apply to the transfer of funds under section 9008(i). (4)

Presidential election cycle defined

In this section, the term Presidential election cycle means, with respect to a Presidential election, the period beginning on the day after the date of the previous Presidential general election and ending on the date of the Presidential election.

. (b)

Conforming amendments

Section 9006 of the Internal Revenue Code of 1986 is amended— (1)in subsection (a), by adding at the end the following new sentence: In addition to any amounts transferred to the fund under the preceding provisions of this subsection, with respect to the Presidential election held in 2028 and each succeeding Presidential election, the Secretary of the Treasury shall make transfers to the fund as described in section 9013.; and (2)in subsection (c), as amended by section 776, in the third sentence, by striking 9037(b) and inserting 9008(j). (c)

Clerical amendment

The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9013. Use of Freedom From Influence Fund as source of payments..

C

Presidential nominating conventions

779.

Payments for Presidential nominating conventions

(a)

In general

Section 9008 of the Internal Revenue Code of 1986 is amended— (1)in subsection (i)— (A)in paragraph (1) by striking the entitlement and inserting subject to subsection (j), the entitlement; (B)in paragraph (2), by striking maintained for and all that follows through under this section; and (2)by adding at the end the following new subsection: (j)

Reestablishment of payments

(1)

In general

Notwithstanding subsection (i)(1), effective with respect to nominating conventions for the Presidential election held in 2028 and each succeeding Presidential election, a major party or minor party shall be entitled to a payment under this section. (2)

Establishment of accounts

The Secretary shall maintain in the fund, in addition to any account which the Secretary maintains under section 9006(a) or subsection (a), a separate account for the national committee of each major party and minor party. The Secretary shall deposit in each such account an amount equal to the amount which each such committee may receive under subsection (b). Such deposits shall be drawn from amounts transferred under section 9013(a) and shall be made before any transfer is made to any account for any eligible candidate under section 9006(a).. (b)

Reports by Federal Election Commission

Section 9009(a) of the Internal Revenue Code of 1986 is amended— (1)in paragraph (2), by striking and at the end; (2)in paragraph (3), by striking the period at the end and inserting a semicolon; and (3)by adding at the end the following new paragraphs: (4)the expenses incurred by the national committee of a major party or minor party with respect to a presidential nominating convention; (5)the amounts certified by it under section 9008(g) for payment to each such committee; and (6)the amount of payments, if any, required from such committees under section 9008(h), and the reasons for such payment.. (c)

Penalties

Section 9012 of the Internal Revenue Code of 1986 is amended— (1)in subsection (a)(1), by inserting the following after the first sentence: It shall be unlawful for the national committee of a major party or minor party knowingly and willfully to incur expenses with respect to a presidential nominating convention in excess of the expenditure limitation applicable with respect to such committee under section 9008(d) or for any host committee knowingly and willfully to incur such expenses in excess of such expenditure limitation, unless the incurring of such expenses is authorized by the Commission under section 9008(d)(3).; (2)in subsection (c), by redesignating paragraph (2) as paragraph (3) and inserting the following after paragraph (1): (3)It shall be unlawful for the national committee of a major party or minor party which receives any payment under section 9008(b)(3) to use, or authorize the use of, such payment for any purpose other than a purpose authorized by section 9008(c).; (3)in subsection (e)(1), by adding at the end the following new sentence: It shall be unlawful for the national committee of a major party or minor party knowingly and willfully to give or accept any kickback or any illegal payments in connection with any expense incurred by such committee with respect to a presidential nominating convention.; and (4)in subsection (e)(3), by inserting , or in connection with any expense incurred by the national committee of a major party or minor party with respect to a presidential nominating convention after or their authorized committees. (d)

Conforming amendments

Section 9008 of the Internal Revenue Code of 1986 is amended— (1)in subsection (a)— (A)in the first sentence, by striking national committee of each major party and minor party and inserting amounts transferred under subsection (i)(2); (B)in the second sentence, by striking each such account and all that follows through may receive and inserting such account an amount equal to the aggregate amount that the national committee of each major party and minor party is entitled to receive under subsection (b); (2)in subsection (b)(3), by striking subsection (a) and inserting subsection (j); and (3)in subsection (i)(2), by striking all amounts and all that follows through minor party and inserting all amounts in the account established under subsection (a). (e)

Clarification regarding amounts for pediatric research initiative

Nothing in the provisions of, or amendments made by, this section shall affect amounts transferred to the 10-Year Pediatric Research Initiative Fund pursuant to section 9008(i)(2) of the Internal Revenue Code of 1986.

D

Effective Date

779A.

Effective date

(a)

In general

Except as otherwise provided, this part and the amendments made by this part shall apply with respect to the Presidential election held in 2028 and each succeeding Presidential election, without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (b). (b)

Deadline for regulations

Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part.

D

Enhancing FEC Enforcement

781.

Membership of Federal Election Commission

(a)

Reduction in Number of Members; Removal of Secretary of Senate and Clerk of House as Ex Officio Members

(1)

In general; quorum

Section 306(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is amended by striking the second and third sentences and inserting the following: The Commission is composed of 5 members appointed by the President by and with the advice and consent of the Senate, of whom no more than 2 may be affiliated with the same political party. A member shall be treated as affiliated with a political party if the member was affiliated, including as a registered voter, employee, consultant, donor, officer, or attorney, with such political party or any of its candidates or elected public officials at any time during the 5-year period ending on the date on which such individual is nominated to be a member of the Commission. A majority of the number of members of the Commission who are serving at the time shall constitute a quorum, except that 3 members shall constitute a quorum if there are 4 members serving at the time.. (2)

Conforming amendments relating to reduction in number of members

(A)The second sentence of section 306(c) of such Act (52 U.S.C. 30106(c)) is amended by striking affirmative vote of 4 members of the Commission and inserting affirmative vote of a majority of the members of the Commission who are serving at the time. (B)Such Act is further amended by striking affirmative vote of 4 of its members and inserting affirmative vote of a majority of the members of the Commission who are serving at the time each place it appears in the following sections: (i)Section 309(a)(2) (52 U.S.C. 30109(a)(2)). (ii)Section 309(a)(4)(A)(i) (52 U.S.C. 30109(a)(4)(A)(i)). (iii)Section 309(a)(5)(C) (52 U.S.C. 30109(a)(5)(C)). (iv)Section 309(a)(6)(A) (52 U.S.C. 30109(a)(6)(A)). (v)Section 311(b) (52 U.S.C. 30111(b)). (3)

Conforming amendment relating to removal of ex officio members

Section 306(a) of such Act (52 U.S.C. 30106(a)) is amended by striking (other than the Secretary of the Senate and the Clerk of the House of Representatives) each place it appears in paragraphs (4) and (5). (b)

Terms of Service

Section 306(a)(2) of such Act (52 U.S.C. 30106(a)(2)) is amended to read as follows: (2)

Terms of service

(A)

In general

Each member of the Commission shall serve for a single term of 6 years. (B)

Special rule for initial appointments

Of the members first appointed to serve terms that begin in January 2022, the President shall designate 2 to serve for a 3-year term. (C)

No reappointment permitted

An individual who served a term as a member of the Commission may not serve for an additional term, except that— (i)an individual who served a 3-year term under subparagraph (B) may also be appointed to serve a 6-year term under subparagraph (A); and (ii)for purposes of this subparagraph, an individual who is appointed to fill a vacancy under subparagraph (D) shall not be considered to have served a term if the portion of the unexpired term the individual fills is less than 50 percent of the period of the term. (D)

Vacancies

Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. Except as provided in subparagraph (C), an individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. (E)

Limitation on service after expiration of term

A member of the Commission may continue to serve on the Commission after the expiration of the member’s term for an additional period, but only until the earlier of— (i)the date on which the member’s successor has taken office as a member of the Commission; or (ii)the expiration of the 1-year period that begins on the last day of the member’s term.. (c)

Qualifications

Section 306(a)(3) of such Act (52 U.S.C. 30106(a)(3)) is amended to read as follows: (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 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. The President shall also make reasonable efforts to encourage racial, ethnic, and gender diversity on the panel. (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.) does not apply to a Blue Ribbon Advisory Panel convened under this subparagraph. (C)

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 no later than 90 days after such appointment..

782.

Assignment of powers to Chair of Federal Election Commission

(a)

Appointment of Chair by President

(1)

In general

Section 306(a)(5) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(a)(5)) is amended to read as follows: (5)

Chair

(A)

Initial appointment

Of the members first appointed to serve terms that begin in January 2022, one such member (as designated by the President at the time the President submits nominations to the Senate) shall serve as Chair of the Commission. (B)

Subsequent appointments

Any individual who is appointed to succeed the member who serves as Chair of the Commission for the term beginning in January 2022 (as well as any individual who is appointed to fill a vacancy if such member does not serve a full term as Chair) shall serve as Chair of the Commission. (C)

Vice Chair

The Commission shall select, by majority vote of its members, one of its members to serve as Vice Chair, who shall act as Chair in the absence or disability of the Chair or in the event of a vacancy in the position of Chair.. (2)

Conforming amendment

Section 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is amended by striking through its chairman or vice chairman and inserting through the Chair. (b)

Powers

(1)

Assignment of certain powers to Chair

Section 307(a) of such Act (52 U.S.C. 30107(a)) is amended to read as follows: (a)

Distribution of Powers Between Chair and Commission

(1)

Powers assigned to Chair

(A)

Administrative powers

The Chair of the Commission shall be the chief administrative officer of the Commission and shall have the authority to administer the Commission and its staff, and (in consultation with the other members of the Commission) shall have the power— (i)to appoint and remove the staff director of the Commission; (ii)to request the assistance (including personnel and facilities) of other agencies and departments of the United States, whose heads may make such assistance available to the Commission with or without reimbursement; and (iii)to prepare and establish the budget of the Commission and to make budget requests to the President, the Director of the Office of Management and Budget, and Congress. (B)

Other powers

The Chair of the Commission shall have the power— (i)to appoint and remove the general counsel of the Commission with the concurrence of at least 2 other members of the Commission; (ii)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; (iii)to administer oaths or affirmations; (iv)to require by subpoena, signed by the Chair, the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties; (v)in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Chair, and shall have the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under clause (iv); and (vi)to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States. (2)

Powers assigned to Commission

The Commission shall have the power— (A)to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under section 309(a)(8) of this Act) or appeal (including a proceeding before the Supreme Court on certiorari) any civil action in the name of the Commission to enforce the provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1986, through its general counsel; (B)to render advisory opinions under section 308 of this Act; (C)to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1986; (D)to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities; and (E)to transmit to the President and Congress not later than June 1 of each year a report which states in detail the activities of the Commission in carrying out its duties under this Act, and which includes any recommendations for any legislative or other action the Commission considers appropriate. (3)

Permitting Commission to exercise other powers of Chair

With respect to any investigation, action, or proceeding, the Commission, by an affirmative vote of a majority of the members who are serving at the time, may exercise any of the powers of the Chair described in paragraph (1)(B).. (2)

Conforming amendments relating to personnel authority

Section 306(f) of such Act (52 U.S.C. 30106(f)) is amended— (A)by amending the first sentence of paragraph (1) to read as follows: The Commission shall have a staff director who shall be appointed by the Chair of the Commission in consultation with the other members and a general counsel who shall be appointed by the Chair with the concurrence of at least two other members.; (B)in paragraph (2), by striking With the approval of the Commission and inserting With the approval of the Chair of the Commission; and (C)by striking paragraph (3). (3)

Conforming amendment relating to budget submission

Section 307(d)(1) of such Act (52 U.S.C. 30107(d)(1)) is amended by striking the Commission submits any budget and inserting the Chair (or, pursuant to subsection (a)(3), the Commission) submits any budget. (4)

Other conforming amendments

Section 306(c) of such Act (52 U.S.C. 30106(c)) is amended by striking All decisions and inserting Subject to section 307(a), all decisions. (5)

Technical amendment

The heading of section 307 of such Act (52 U.S.C. 30107) is amended by striking the commission and inserting the chair and the commission.

783.

Revision to enforcement process

(a)

Standard for initiating investigations and determining whether violations have occurred

(1)

Revision of standards

Section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by striking paragraphs (2) and (3) and inserting the following: (2) (A)The general counsel, upon receiving a complaint filed with the Commission under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Commission should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period which begins on the date the general counsel provides such notification, the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Commission. (B)If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period which begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery. (3) (A)Upon completion of an investigation under paragraph (2), the general counsel shall promptly submit to the Commission the general counsel’s recommendation that the Commission find either that there is probable cause or that there is not probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall include with the recommendation a brief stating the position of the general counsel on the legal and factual issues of the case. (B)At the time the general counsel submits to the Commission the recommendation under subparagraph (A), the general counsel shall simultaneously notify the respondent of such recommendation and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel shall promptly submit such brief to the Commission upon receipt. (C)Not later than 30 days after the general counsel submits the recommendation to the Commission under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), not later than 30 days after the general counsel submits the respondent’s brief to the Commission under such subparagraph), the Commission shall approve or disapprove the recommendation by vote of a majority of the members of the Commission who are serving at the time.. (2)

Conforming amendment relating to Initial response to filing of complaint

Section 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) is amended— (A)in the third sentence, by striking the Commission and inserting the general counsel; and (B)by amending the fourth sentence to read as follows: Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint.. (b)

Revision of standard for review of dismissal of complaints

(1)

In general

Section 309(a)(8) of such Act (52 U.S.C. 30109(a)(8)) is amended to read as follows: (8) (A) (i)Any party aggrieved by an order of the Commission dismissing a complaint filed by such party or finding either no reason to believe a violation has occurred or no probable cause a violation has occurred may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint. (ii)In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint. (B) (i)Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within 180 days after the filing of the complaint, to either dismiss the complaint or to find reason to believe a violation has occurred or is about to occur, may file a petition with the United States District Court for the District of Columbia. (ii)In any proceeding under this subparagraph, the court shall treat the failure to act on the complaint as a dismissal of the complaint, and shall determine by de novo review whether the agency’s failure to act on the complaint is contrary to law. (C)In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.. (2)

Effective date

The amendments made by paragraph (1) shall apply— (A)in the case of complaints which are dismissed by the Federal Election Commission, with respect to complaints which are dismissed on or after the date of the enactment of this Act; and (B)in the case of complaints upon which the Federal Election Commission failed to act, with respect to complaints which were filed on or after the date of the enactment of this Act.

784.

Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests

(a)

In general

Section 308 of such Act (52 U.S.C. 30108) is amended by adding at the end the following new subsection: (e)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 subsection (d) in response to the request (or counsel for such interested party) to appear before the Commission to present testimony in response to the request.. (b)

Effective date

The amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act.

785.

Permanent extension of administrative penalty authority

(a)

Extension of authority

Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)), as amended by Public Law 115–386, is amended by striking , and that end on or before December 31, 2023. (b)

Effective date

The amendment made by subsection (a) shall take effect on December 31, 2018.

786.

Requiring forms to permit use of accent marks

(a)

Requirement

Section 311(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the semicolon at the end and inserting the following: , and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person’s identification;. (b)

Effective date

The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act.

787.

Restrictions on ex parte communications

Section 306(e) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(e)) is amended— (1)by striking (e) The Commission and inserting (e)(1) The Commission; and (2)by adding at the end the following new paragraph: (2)Members and employees of the Commission shall be subject to limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph..

788.

Clarifying authority of FEC attorneys to represent FEC in Supreme Court

(a)

Clarifying authority

Section 306(f)(4) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by striking any action instituted under this Act, either (A) by attorneys and inserting any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the General Counsel of the Commission and other attorneys. (b)

Effective date

The amendment made by paragraph (1) shall apply with respect to actions instituted before, on, or after the date of the enactment of this Act.

789.

Effective date; transition

(a)

In General

Except as otherwise provided, the amendments made by this subtitle shall apply beginning January 1, 2022. (b)

Transition

(1)

Termination of service of current members

Notwithstanding any provision of the Federal Election Campaign Act of 1971, the term of any individual serving as a member of the Federal Election Commission as of December 31, 2021, shall expire on that date. (2)

No effect on existing cases or proceedings

Nothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the Federal Election Commission prior to December 31, 2021, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date.

E

Miscellaneous

791.

Comptroller general report and briefing on campaign donations by nominees before the Senate

(a)

In general

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall— (1)submit to the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives a report on contributions made to Members of the Senate by individuals under consideration for Senate-confirmed positions, including judicial nominees; and (2)provide a briefing to such committees on such contributions. (b)

Contents of report

The report submitted under subsection (a)(1) shall include— (1)a review of the frequency and amount of such contributions made to Members of the Senate by such individuals, both directly and through political committees and other vehicles with substantial connections to the individual or the Member, over the past 5 legislative sessions, and identify the frequency of incidents in which such an individual made such a contribution to a Member of the Senate and was then considered or supported by that Member for a judicial nomination or other Senate-confirmed position; and (2)recommendations for such legislative and administrative action as the Comptroller General determines appropriate to reduce any undue influence such contributions might exert upon the constitutional advice and consent processes of the Senate. (c)

Definitions

In this section, the terms contribution and political committee have the meaning given those terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).

792.

Effective date

Except as otherwise provided in this title, the provisions of, and amendments made by, this title shall take effect on the date that is one year after the date of enactment of this Act, and shall apply with respect to elections for Federal office occurring on or after such date, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

793.

Severability

If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.