II 

115TH CONGRESS 

1ST SESSION S. 1880 

To reform our government, reduce the grip of special interest, and return 

our democracy to the American people by increasing transparency and 

oversight of our elections and government, reforming public financing 

for Presidential and Congressional elections, and requiring States to 

conduct Congressional redistricting through independent commissions, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 27, 2017 

Mr. UDALL (for himself, Mr. MERKLEY, Mr. DURBIN, Mr. LEAHY, Ms. BALDWIN, Mrs. GILLIBRAND, Ms. HIRONO, Mr. KING, Ms. KLOBUCHAR, Mr. 

MARKEY, Mr. VAN HOLLEN, Mr. FRANKEN, Mr. WYDEN, Ms. WARREN, 

and Mr. WHITEHOUSE) introduced the following bill; which was read 

twice and referred to the Committee on Finance 

A BILL 

To reform our government, reduce the grip of special interest, and return our democracy to the American people 

by increasing transparency and oversight of our elections 

and government, reforming public financing for Presidential and Congressional elections, and requiring States 

to conduct Congressional redistricting through independent commissions, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; ETC. 

2 (a) IN GENERAL.—This Act may be cited as the ‘‘We 

3 the People Democracy Reform Act of 2017’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 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. 


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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 


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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. 


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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. 


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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. 

1 TITLE I—INCREASING TRANS2 PARENCY, REMOVING CON3 FLICTS OF INTEREST, AND 

4 RESTORING ENFORCEMENT 

5 Subtitle A—Campaign Disclosure 

6 and Transparency Reform 

7 PART I—DISCLOSURE 

8 Subpart A—Regulation of Certain Political Spending 

9 SEC. 1001. SHORT TITLE. 

10 This part may be cited as the ‘‘Democracy Is 

11 Strengthened by Casting Light On Spending in Elections 

12 Act of 2017’’ or the ‘‘DISCLOSE Act of 2017’’. 


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1 SEC. 1002. APPLICATION OF BAN ON CONTRIBUTIONS AND 

2 EXPENDITURES BY FOREIGN NATIONALS TO 

3 DOMESTIC CORPORATIONS THAT ARE FOR4 EIGN-CONTROLLED, FOREIGN-INFLUENCED, 

5 AND FOREIGN-OWNED. 

6 (a) APPLICATION OF BAN.—Section 319(b) of the 

7 Federal Election Campaign Act of 1971 (52 U.S.C. 

8 30121(b)) is amended— 

9 (1) by striking ‘‘or’’ at the end of paragraph 

10 (1); 

11 (2) by striking the period at the end of para12 graph (2) and inserting ‘‘; or’’; and 

13 (3) by adding at the end the following new 

14 paragraph: 

15 ‘‘(3) any corporation which is not a foreign na16 tional described in paragraph (1) and— 

17 ‘‘(A) in which a foreign national described 

18 in paragraph (1) or (2) directly or indirectly 

19 owns or controls— 

20 ‘‘(i) 5 percent or more of the voting 

21 shares, if the foreign national is a foreign 

22 country, a foreign government official, or a 

23 corporation principally owned or controlled 

24 by a foreign country or foreign government 

25 official; or 


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1 ‘‘(ii) 20 percent or more of the voting 

2 shares, if the foreign national is not de3 scribed in clause (i); 

4 ‘‘(B) in which two or more foreign nation5 als described in paragraph (1) or (2), each of 

6 whom owns or controls at least 5 percent of the 

7 voting shares, directly or indirectly own or con8 trol 50 percent or more of the voting shares; 

9 ‘‘(C) over which one or more foreign na10 tionals described in paragraph (1) or (2) has 

11 the power to direct, dictate, or control the deci12 sionmaking process of the corporation with re13 spect to its interests in the United States; or 

14 ‘‘(D) over which one or more foreign na15 tionals described in paragraph (1) or (2) has 

16 the power to direct, dictate, or control the deci17 sionmaking process of the corporation with re18 spect to activities in connection with a Federal, 

19 State, or local election, including— 

20 ‘‘(i) the making of a contribution, do21 nation, expenditure, independent expendi22 ture, or disbursement for an electioneering 

23 communication (within the meaning of sec24 tion 304(f)(3)); or 


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1 ‘‘(ii) the administration of a political 

2 committee established or maintained by the 

3 corporation.’’. 

4 (b) CERTIFICATION OF COMPLIANCE.—Section 319 

5 of such Act (52 U.S.C. 30121) is amended by adding at 

6 the end the following new subsection: 

7 ‘‘(c) CERTIFICATION OF COMPLIANCE REQUIRED

8 PRIOR TO CARRYING OUT ACTIVITY.—Prior to the mak9 ing in connection with an election for Federal office of any 

10 contribution, donation, expenditure, independent expendi11 ture, or disbursement for an electioneering communication 

12 by a corporation during a year, the chief executive officer 

13 of the corporation (or, if the corporation does not have 

14 a chief executive officer, the highest ranking official of the 

15 corporation), shall file a certification with the Commission, 

16 under penalty of perjury, that the corporation is not pro17 hibited from carrying out such activity under subsection 

18 (b)(3), unless the chief executive officer has previously 

19 filed such a certification during that calendar year.’’. 

20 (c) EFFECTIVE DATE.—The amendments made by 

21 this section shall take effect upon the expiration of the 

22 180-day period which begins on the date of the enactment 

23 of this Act, and shall take effect without regard to whether 

24 or not the Federal Election Commission has promulgated 

25 regulations to carry out such amendments. 


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1 SEC. 1003. CLARIFICATION OF APPLICATION OF FOREIGN 

2 MONEY BAN TO CERTAIN DISBURSEMENTS 

3 AND ACTIVITIES. 

4 (a) APPLICATION TO DISBURSEMENTS TO SUPER

5 PACS.—Section 319(a)(1)(A) of the Federal Election 

6 Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is 

7 amended by striking the semicolon and inserting the fol8 lowing: ‘‘, including any disbursement to a political com9 mittee which accepts donations or contributions that do 

10 not comply with the limitations, prohibitions, and report11 ing requirements of this Act (or any disbursement to or 

12 on behalf of any account of a political committee which 

13 is established for the purpose of accepting such donations 

14 or contributions);’’. 

15 (b) CONDITIONS UNDER WHICH CORPORATE PACS

16 MAY MAKE CONTRIBUTIONS AND EXPENDITURES.—Sec17 tion 316(b) of such Act (52 U.S.C. 30118(b)) is amended 

18 by adding at the end the following new paragraph: 

19 ‘‘(8) A separate segregated fund established by a cor20 poration may not make a contribution or expenditure dur21 ing a year unless the fund has certified to the Commission 

22 the following during the year: 

23 ‘‘(A) Each individual who manages the fund, 

24 and who is responsible for exercising decisionmaking 

25 authority for the fund, is a citizen of the United 


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1 States or is lawfully admitted for permanent resi2 dence in the United States. 

3 ‘‘(B) No foreign national under section 319 

4 participates in any way in the decisionmaking proc5 esses of the fund with regard to contributions or ex6 penditures under this Act. 

7 ‘‘(C) The fund does not solicit or accept rec8 ommendations from any foreign national under sec9 tion 319 with respect to the contributions or expend10 itures made by the fund. 

11 ‘‘(D) Any member of the board of directors of 

12 the corporation who is a foreign national under sec13 tion 319 abstains from voting on matters concerning 

14 the fund or its activities.’’. 

15 Subpart B—Campaign Disbursement Reporting 

16 SEC. 1011. CAMPAIGN DISBURSEMENT REPORTING. 

17 (a) INFORMATION REQUIRED TO BE REPORTED.— 

18 (1) TREATMENT OF FUNCTIONAL EQUIVALENT

19 OF EXPRESS ADVOCACY AS INDEPENDENT EXPENDI20 TURE.—Subparagraph (A) of section 301(17) of the 

21 Federal Election Campaign Act of 1971 (52 U.S.C. 

22 30101(17)) is amended to read as follows: 

23 ‘‘(A) that expressly advocates the election 

24 or defeat of a clearly identified candidate, or is 

25 the functional equivalent of express advocacy 


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1 because, when taken as a whole, it can be inter2 preted by a reasonable person only as advo3 cating the election or defeat of a candidate, tak4 ing into account whether the communication in5 volved mentions a candidacy, a political party, 

6 or a challenger to a candidate, or takes a posi7 tion on a candidate’s character, qualifications, 

8 or fitness for office; and’’. 

9 (2) EXPANSION OF PERIOD DURING WHICH

10 COMMUNICATIONS ARE TREATED AS ELECTION11 EERING COMMUNICATIONS.—Section 304(f)(3)(A)(i) 

12 of such Act (52 U.S.C. 30104(f)(3)(A)(i)) is amend13 ed— 

14 (A) by redesignating subclause (III) as 

15 subclause (IV); and 

16 (B) by striking subclause (II) and insert17 ing the following: 

18 ‘‘(II) in the case of a communica19 tion which refers to a candidate for an 

20 office other than the President or Vice 

21 President, is made during the period 

22 beginning on January 1 of the cal23 endar year in which a general or run24 off election is held and ending on the 

25 date of the general or runoff election 


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1 (or in the case of a special election, 

2 during the period beginning on the 

3 date on which the announcement with 

4 respect to such election is made and 

5 ending on the date of the special elec6 tion); 

7 ‘‘(III) in the case of a commu8 nication which refers to a candidate 

9 for the office of President or Vice 

10 President, is made in any State dur11 ing the period beginning 120 days be12 fore the first primary election, caucus, 

13 or preference election held for the se14 lection of delegates to a national 

15 nominating convention of a political 

16 party is held in any State (or, if no 

17 such election or caucus is held in any 

18 State, the first convention or caucus 

19 of a political party which has the au20 thority to nominate a candidate for 

21 the office of President or Vice Presi22 dent) and ending on the date of the 

23 general election; and’’. 

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1 ACTMENT.—The amendment made by paragraph (2) 

2 shall apply with respect to communications made on 

3 or after January 1, 2018, except that no commu4 nication which is made prior to such date shall be 

5 treated as an electioneering communication under 

6 subclause (II) or (III) of section 304(f)(3)(A)(i) of 

7 the Federal Election Campaign Act of 1971 (as 

8 amended by paragraph (2)) unless the communica9 tion would be treated as an electioneering commu10 nication under such section if the amendment made 

11 by paragraph (2) did not apply. 

12 (b) DISCLOSURE REQUIREMENTS FOR CORPORA13 TIONS, LABOR ORGANIZATIONS, AND CERTAIN OTHER

14 ENTITIES.— 

15 (1) IN GENERAL.—Section 324 of the Federal 

16 Election Campaign Act of 1971 (52 U.S.C. 30126) 

17 is amended to read as follows: 

18 ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE19 MENTS BY COVERED ORGANIZATIONS. 

20 ‘‘(a) DISCLOSURE STATEMENT.— 

21 ‘‘(1) IN GENERAL.—Any covered organization 

22 that makes campaign-related disbursements aggre23 gating more than $10,000 in an election reporting 

24 cycle shall, not later than 24 hours after each disclo25 sure date, file a statement with the Commission 


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1 made under penalty of perjury that contains the in2 formation described in paragraph (2)— 

3 ‘‘(A) in the case of the first statement filed 

4 under this subsection, for the period beginning 

5 on the first day of the election reporting cycle 

6 and ending on the first such disclosure date; 

7 and 

8 ‘‘(B) in the case of any subsequent state9 ment filed under this subsection, for the period 

10 beginning on the previous disclosure date and 

11 ending on such disclosure date. 

12 ‘‘(2) INFORMATION DESCRIBED.—The informa13 tion described in this paragraph is as follows: 

14 ‘‘(A) The name of the covered organization 

15 and the principal place of business of such or16 ganization and, in the case of a covered organi17 zation that is a corporation (other than a busi18 ness concern that is an issuer of a class of secu19 rities registered under section 12 of the Securi20 ties Exchange Act of 1934 (15 U.S.C. 78l) or 

21 that is required to file reports under section 

22 15(d) of that Act (15 U.S.C. 78o(d))) or an en23 tity described in subsection (e)(2), a list of the 

24 beneficial owners (as defined in paragraph 

25 (4)(A)) of the entity that— 


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1 ‘‘(i) identifies each beneficial owner by 

2 name and current residential or business 

3 street address; and 

4 ‘‘(ii) if any beneficial owner exercises 

5 control over the entity through another 

6 legal entity, such as a corporation, partner7 ship, limited liability company, or trust, 

8 identifies each such other legal entity and 

9 each such beneficial owner who will use 

10 that other entity to exercise control over 

11 the entity. 

12 ‘‘(B) The amount of each campaign-related 

13 disbursement made by such organization during 

14 the period covered by the statement of more 

15 than $1,000, and the name and address of the 

16 person to whom the disbursement was made. 

17 ‘‘(C) In the case of a campaign-related dis18 bursement that is not a covered transfer, the 

19 election to which the campaign-related disburse20 ment pertains and if the disbursement is made 

21 for a public communication, the name of any 

22 candidate identified in such communication and 

23 whether such communication is in support of or 

24 in opposition to a candidate. 


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1 ‘‘(D) A certification by the chief executive 

2 officer or person who is the head of the covered 

3 organization that the campaign-related dis4 bursement is not made in cooperation, consulta5 tion, or concert with or at the request or sug6 gestion of a candidate, authorized committee, or 

7 agent of a candidate, political party, or agent of 

8 a political party. 

9 ‘‘(E) If the covered organization makes 

10 campaign-related disbursements using exclu11 sively funds in a segregated bank account con12 sisting of funds that were paid directly to such 

13 account by persons other than the covered orga14 nization that controls the account, for each 

15 such payment to the account— 

16 ‘‘(i) the name and address of each 

17 person who made such payment during the 

18 period covered by the statement; 

19 ‘‘(ii) the date and amount of such 

20 payment; and 

21 ‘‘(iii) the aggregate amount of all such 

22 payments made by the person during the 

23 period beginning on the first day of the 

24 election reporting cycle and ending on the 

25 disclosure date, 


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1 but only if such payment was made by a person 

2 who made payments to the account in an aggre3 gate amount of $10,000 or more during the pe4 riod beginning on the first day of the election 

5 reporting cycle and ending on the disclosure 

6 date. 

7 ‘‘(F) If the covered organization makes 

8 campaign-related disbursements using funds 

9 other than funds in a segregated bank account 

10 described in subparagraph (E), for each pay11 ment to the covered organization— 

12 ‘‘(i) the name and address of each 

13 person who made such payment during the 

14 period covered by the statement; 

15 ‘‘(ii) the date and amount of such 

16 payment; and 

17 ‘‘(iii) the aggregate amount of all such 

18 payments made by the person during the 

19 period beginning on the first day of the 

20 election reporting cycle and ending on the 

21 disclosure date, 

22 but only if such payment was made by a person 

23 who made payments to the covered organization 

24 in an aggregate amount of $10,000 or more 

25 during the period beginning on the first day of 


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1 the election reporting cycle and ending on the 

2 disclosure date. 

3 ‘‘(G) Such other information as required in 

4 rules established by the Commission to promote 

5 the purposes of this section. 

6 ‘‘(3) EXCEPTIONS.— 

7 ‘‘(A) AMOUNTS RECEIVED IN ORDINARY

8 COURSE OF BUSINESS.—The requirement to in9 clude in a statement filed under paragraph (1) 

10 the information described in paragraph (2) 

11 shall not apply to amounts received by the cov12 ered organization in commercial transactions in 

13 the ordinary course of any trade or business 

14 conducted by the covered organization or in the 

15 form of investments (other than investments by 

16 the principal shareholder in a limited liability 

17 corporation) in the covered organization. 

18 ‘‘(B) DONOR RESTRICTION ON USE OF

19 FUNDS.—The requirement to include in a state20 ment submitted under paragraph (1) the infor21 mation described in subparagraph (F) of para22 graph (2) shall not apply if— 

23 ‘‘(i) the person described in such sub24 paragraph prohibited, in writing, the use of 


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1 the payment made by such person for cam2 paign-related disbursements; and 

3 ‘‘(ii) the covered organization agreed 

4 to follow the prohibition and deposited the 

5 payment in an account which is segregated 

6 from any account used to make campaign7 related disbursements. 

8 ‘‘(C) AMOUNTS RECEIVED FROM AFFILI9 ATES.—The requirement to include in a state10 ment submitted under paragraph (1) the infor11 mation described in subparagraph (F) of para12 graph (2) shall not apply to any amount which 

13 is described in subsection (f)(3)(A)(i). 

14 ‘‘(4) OTHER DEFINITIONS.—For purposes of 

15 this section: 

16 ‘‘(A) BENEFICIAL OWNER DEFINED.— 

17 ‘‘(i) IN GENERAL.—Except as pro18 vided in clause (ii), the term ‘beneficial 

19 owner’ means, with respect to any entity, 

20 a natural person who, directly or indi21 rectly— 

22 ‘‘(I) exercises substantial control 

23 over an entity through ownership, vot24 ing rights, agreement, or otherwise; or 


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1 ‘‘(II) has a substantial interest in 

2 or receives substantial economic bene3 fits from the assets of an entity. 

4 ‘‘(ii) EXCEPTIONS.—The term ‘bene5 ficial owner’ shall not include— 

6 ‘‘(I) a minor child; 

7 ‘‘(II) a person acting as a nomi8 nee, intermediary, custodian, or agent 

9 on behalf of another person; 

10 ‘‘(III) a person acting solely as 

11 an employee of an entity and whose 

12 control over or economic benefits from 

13 the entity derives solely from the em14 ployment status of the person; 

15 ‘‘(IV) a person whose only inter16 est in an entity is through a right of 

17 inheritance, unless the person also 

18 meets the requirements of clause (i); 

19 or 

20 ‘‘(V) a creditor of an entity, un21 less the creditor also meets the re22 quirements of clause (i). 

23 ‘‘(iii) ANTI-ABUSE RULE.—The excep24 tions under clause (ii) shall not apply if 

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1 venting, or abusing the provisions of clause 

2 (i) or paragraph (2)(A). 

3 ‘‘(B) DISCLOSURE DATE.—The term ‘dis4 closure date’ means— 

5 ‘‘(i) the first date during any election 

6 reporting cycle by which a person has 

7 made campaign-related disbursements ag8 gregating more than $10,000; and 

9 ‘‘(ii) any other date during such elec10 tion reporting cycle by which a person has 

11 made campaign-related disbursements ag12 gregating more than $10,000 since the 

13 most recent disclosure date for such elec14 tion reporting cycle. 

15 ‘‘(C) ELECTION REPORTING CYCLE.—The 

16 term ‘election reporting cycle’ means the 2-year 

17 period beginning on the date of the most recent 

18 general election for Federal office. 

19 ‘‘(D) PAYMENT.—The term ‘payment’ in20 cludes any contribution, donation, transfer, pay21 ment of dues, or other payment. 

22 ‘‘(b) COORDINATION WITH OTHER PROVISIONS.— 

23 ‘‘(1) OTHER REPORTS FILED WITH THE COM24 MISSION.—Information included in a statement filed 


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1 under this section may be excluded from statements 

2 and reports filed under section 304. 

3 ‘‘(2) TREATMENT AS SEPARATE SEGREGATED

4 FUND.—A segregated bank account referred to in 

5 subsection (a)(2)(E) may be treated as a separate 

6 segregated fund for purposes of section 527(f)(3) of 

7 the Internal Revenue Code of 1986. 

8 ‘‘(c) FILING.—Statements required to be filed under 

9 subsection (a) shall be subject to the requirements of sec10 tion 304(d) to the same extent and in the same manner 

11 as if such reports had been required under subsection (c) 

12 or (g) of section 304. 

13 ‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DE14 FINED.— 

15 ‘‘(1) IN GENERAL.—In this section, the term 

16 ‘campaign-related disbursement’ means a disburse17 ment by a covered organization for any of the fol18 lowing: 

19 ‘‘(A) An independent expenditure con20 sisting of a public communication. 

21 ‘‘(B) An electioneering communication, as 

22 defined in section 304(f)(3). 

23 ‘‘(C) A covered transfer. 

24 ‘‘(2) INTENT NOT REQUIRED.—A disbursement 

25 for an item described in subparagraph (A), (B), or 


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1 (C) of paragraph (1) shall be treated as a campaign2 related disbursement regardless of the intent of the 

3 person making the disbursement. 

4 ‘‘(e) COVERED ORGANIZATION DEFINED.—In this 

5 section, the term ‘covered organization’ means any of the 

6 following: 

7 ‘‘(1) A corporation (other than an organization 

8 described in section 501(c)(3) of the Internal Rev9 enue Code of 1986). 

10 ‘‘(2) A limited liability corporation that is not 

11 otherwise treated as a corporation for purposes of 

12 this Act (other than an organization described in 

13 section 501(c)(3) of the Internal Revenue Code of 

14 1986). 

15 ‘‘(3) An organization described in section 

16 501(c) of such Code and exempt from taxation 

17 under section 501(a) of such Code (other than an 

18 organization described in section 501(c)(3) of such 

19 Code). 

20 ‘‘(4) A labor organization (as defined in section 

21 316(b)). 

22 ‘‘(5) Any political organization under section 

23 527 of the Internal Revenue Code of 1986, other 

24 than a political committee under this Act (except as 

25 provided in paragraph (6)). 


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1 ‘‘(6) A political committee with an account that 

2 accepts donations or contributions that do not com3 ply with the contribution limits or source prohibi4 tions under this Act, but only with respect to such 

5 accounts. 

6 ‘‘(f) COVERED TRANSFER DEFINED.— 

7 ‘‘(1) IN GENERAL.—In this section, the term 

8 ‘covered transfer’ means any transfer or payment of 

9 funds by a covered organization to another person if 

10 the covered organization— 

11 ‘‘(A) designates, requests, or suggests that 

12 the amounts be used for— 

13 ‘‘(i) campaign-related disbursements 

14 (other than covered transfers); or 

15 ‘‘(ii) making a transfer to another 

16 person for the purpose of making or pay17 ing for such campaign-related disburse18 ments; 

19 ‘‘(B) made such transfer or payment in re20 sponse to a solicitation or other request for a 

21 donation or payment for— 

22 ‘‘(i) the making of or paying for cam23 paign-related disbursements (other than 

24 covered transfers); or 


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1 ‘‘(ii) making a transfer to another 

2 person for the purpose of making or pay3 ing for such campaign-related disburse4 ments; 

5 ‘‘(C) engaged in discussions with the re6 cipient of the transfer or payment regarding— 

7 ‘‘(i) the making of or paying for cam8 paign-related disbursements (other than 

9 covered transfers); or 

10 ‘‘(ii) donating or transferring any 

11 amount of such transfer or payment to an12 other person for the purpose of making or 

13 paying for such campaign-related disburse14 ments; 

15 ‘‘(D) made campaign-related disburse16 ments (other than a covered transfer) in an ag17 gregate amount of $50,000 or more during the 

18 2-year period ending on the date of the transfer 

19 or payment, or knew or had reason to know 

20 that the person receiving the transfer or pay21 ment made such disbursements in such an ag22 gregate amount during that 2-year period; or 

23 ‘‘(E) knew or had reason to know that the 

24 person receiving the transfer or payment would 

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1 gregate amount of $50,000 or more during the 

2 2-year period beginning on the date of the 

3 transfer or payment. 

4 ‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ 

5 does not include any of the following: 

6 ‘‘(A) A disbursement made by a covered 

7 organization in a commercial transaction in the 

8 ordinary course of any trade or business con9 ducted by the covered organization or in the 

10 form of investments made by the covered orga11 nization. 

12 ‘‘(B) A disbursement made by a covered 

13 organization if— 

14 ‘‘(i) the covered organization prohib15 ited, in writing, the use of such disburse16 ment for campaign-related disbursements; 

17 and 

18 ‘‘(ii) the recipient of the disbursement 

19 agreed to follow the prohibition and depos20 ited the disbursement in an account which 

21 is segregated from any account used to 

22 make campaign-related disbursements. 

23 ‘‘(3) EXCEPTION FOR CERTAIN TRANSFERS

24 AMONG AFFILIATES.— 


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1 ‘‘(A) EXCEPTION FOR CERTAIN TRANS2 FERS AMONG AFFILIATES.— 

3 ‘‘(i) IN GENERAL.—The term ‘covered 

4 transfer’ does not include an amount 

5 transferred by one covered organization to 

6 another covered organization if such trans7 fer— 

8 ‘‘(I) is not made directly into a 

9 separate segregated bank account de10 scribed in subsection (a)(2)(E); and 

11 ‘‘(II) is treated as a transfer be12 tween affiliates under subparagraph 

13 (B). 

14 ‘‘(ii) SPECIAL RULE.—If the aggre15 gate amount of transfers described in 

16 clause (i) exceeds $50,000 in any election 

17 reporting cycle— 

18 ‘‘(I) the covered organization 

19 which makes such transfers shall pro20 vide to the covered organization re21 ceiving such transfers the information 

22 required under subsection (a)(2)(F) 

23 (applied by substituting ‘the period 

24 beginning on the first day of the elec25 tion reporting cycle and ending on the 


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1 date of the most recent transfer de2 scribed in subsection (f)(3)(A)(i)’ for 

3 ‘the period covered by the statement’ 

4 in clause (i) thereof); and 

5 ‘‘(II) the covered organization re6 ceiving such transfers shall report the 

7 information described in subclause (I) 

8 on any statement filed under sub9 section (a)(1) as if any contribution, 

10 donation, or transfer to which such 

11 information relates was made directly 

12 to the covered organization receiving 

13 the transfer. 

14 ‘‘(B) DESCRIPTION OF TRANSFERS BE15 TWEEN AFFILIATES.—A transfer of amounts 

16 from one covered organization to another cov17 ered organization shall be treated as a transfer 

18 between affiliates if— 

19 ‘‘(i) one of the organizations is an af20 filiate of the other organization; or 

21 ‘‘(ii) each of the organizations is an 

22 affiliate of the same organization, 

23 except that the transfer shall not be treated as 

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1 nizations is established for the purpose of mak2 ing campaign-related disbursements. 

3 ‘‘(C) DETERMINATION OF AFFILIATE STA4 TUS.—For purposes of this paragraph, the fol5 lowing organizations shall be considered to be 

6 affiliated with each other: 

7 ‘‘(i) A membership organization, in8 cluding a trade or professional association, 

9 and the related State and local entities of 

10 that organization. 

11 ‘‘(ii) A national or international labor 

12 organization and its State or local unions, 

13 or an organization of national or inter14 national unions and its State and local en15 tities. 

16 ‘‘(iii) A corporation and its wholly 

17 owned subsidiaries. 

18 ‘‘(D) COVERAGE OF TRANSFERS TO AF19 FILIATED SECTION 501(c)(3) ORGANIZA20 TIONS.—This paragraph shall apply with re21 spect to an amount transferred by a covered or22 ganization to an organization described in para23 graph (3) of section 501(c) of the Internal Rev24 enue Code of 1986 and exempt from tax under 

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1 ner as this paragraph applies to an amount 

2 transferred by a covered organization to an3 other covered organization.’’. 

4 (2) CONFORMING AMENDMENT.—Section 

5 304(f)(6) of such Act (52 U.S.C. 30104) is amended 

6 by striking ‘‘Any requirement’’ and inserting ‘‘Ex7 cept as provided in section 324(b), any require8 ment’’. 

9 (3) COORDINATION WITH FINCEN.— 

10 (A) IN GENERAL.—The Director of the Fi11 nancial Crimes Enforcement Network of the 

12 Department of the Treasury shall provide the 

13 Federal Election Commission with such infor14 mation as necessary to assist in administering 

15 and enforcing section 324 of the Federal Elec16 tion Campaign Act of 1971, as added by this 

17 subsection. 

18 (B) REPORT.—Not later than 6 months 

19 after the date of the enactment of this Act, the 

20 Chairman of the Federal Election Commission, 

21 in consultation with the Director of the Finan22 cial Crimes Enforcement Network of the De23 partment of the Treasury, shall submit to Con24 gress a report with recommendations for pro25 viding further legislative authority to assist in 


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1 the administration and enforcement of such sec2 tion 324. 

3 SEC. 1012. EFFECTIVE DATE. 

4 Except as provided in section 1011(a)(3), the amend5 ments made by this title shall apply with respect to dis6 bursements made on or after January 1, 2018, and shall 

7 take effect without regard to whether or not the Federal 

8 Election Commission has promulgated regulations to carry 

9 out such amendments. 

10 PART II—CANDIDATE-SUPER PAC 

11 COORDINATION 

12 SEC. 1021. SHORT TITLE. 

13 This part may be cited as the ‘‘Stop Super PAC-Can14 didate Coordination Act’’. 

15 SEC. 1022. CLARIFICATION OF TREATMENT OF COORDI16 NATED EXPENDITURES AS CONTRIBUTIONS 

17 TO CANDIDATES. 

18 (a) TREATMENT AS CONTRIBUTION TO CAN19 DIDATE.—Section 301(8)(A) of the Federal Election Cam20 paign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended— 

21 (1) by striking ‘‘or’’ at the end of clause (i); 

22 (2) by striking the period at the end of clause 

23 (ii) and inserting ‘‘; or’’; and 

24 (3) by adding at the end the following new 

25 clause: 


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1 ‘‘(iii) any payment made by any person 

2 (other than a candidate, an authorized com3 mittee of a candidate, or a political committee 

4 of a political party) for a coordinated expendi5 ture (as such term is defined in section 325) 

6 which is not otherwise treated as a contribution 

7 under clause (i) or clause (ii).’’. 

8 (b) DEFINITIONS.—Title III of such Act (52 U.S.C. 

9 30101 et seq.), as amended by this Act, is amended to 

10 by adding at the end the following new section: 

11 ‘‘SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES. 

12 ‘‘(a) COORDINATED EXPENDITURES.— 

13 ‘‘(1) IN GENERAL.—For purposes of section 

14 301(8)(A)(iii), the term ‘coordinated expenditure’ 

15 means— 

16 ‘‘(A) any expenditure, or any payment for 

17 a covered communication described in sub18 section (d), which is made in cooperation, con19 sultation, or concert with, or at the request or 

20 suggestion of, a candidate, an authorized com21 mittee of a candidate, a political committee of 

22 a political party, or agents of the candidate or 

23 committee, as defined in subsection (b); or 

24 ‘‘(B) any payment for any communication 

25 which republishes, disseminates, or distributes, 


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1 in whole or in part, any video or broadcast or 

2 any written, graphic, or other form of campaign 

3 material prepared by the candidate or com4 mittee or by agents of the candidate or com5 mittee (including any excerpt or use of any 

6 video from any such broadcast or written, 

7 graphic, or other form of campaign material). 

8 ‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN

9 COMMUNICATIONS.—A payment for a communication 

10 (including a covered communication described in 

11 subsection (d)) shall not be treated as a coordinated 

12 expenditure under this subsection if— 

13 ‘‘(A) the communication appears in a news 

14 story, commentary, or editorial distributed 

15 through the facilities of any broadcasting sta16 tion, newspaper, magazine, or other periodical 

17 publication, unless such facilities are owned or 

18 controlled by any political party, political com19 mittee, or candidate; or 

20 ‘‘(B) the communication constitutes a can21 didate debate or forum conducted pursuant to 

22 regulations adopted by the Commission pursu23 ant to section 304(f)(3)(B)(iii), or which solely 

24 promotes such a debate or forum and is made 


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•S 1880 IS

1 by or on behalf of the person sponsoring the de2 bate or forum. 

3 ‘‘(b) COORDINATION DESCRIBED.— 

4 ‘‘(1) IN GENERAL.—For purposes of this sec5 tion, a payment is made ‘in cooperation, consulta6 tion, or concert with, or at the request or suggestion 

7 of,’ a candidate, an authorized committee of a can8 didate, a political committee of a political party, or 

9 agents of the candidate or committee, if the pay10 ment, or any communication for which the payment 

11 is made, is not made entirely independently of the 

12 candidate, committee, or agents. For purposes of the 

13 previous sentence, a payment or communication not 

14 made entirely independently of the candidate or 

15 committee includes any payment or communication 

16 made pursuant to any general or particular under17 standing with, or pursuant to any communication 

18 with, the candidate, committee, or agents about the 

19 payment or communication. 

20 ‘‘(2) NO FINDING OF COORDINATION BASED

21 SOLELY ON SHARING OF INFORMATION REGARDING

22 LEGISLATIVE OR POLICY POSITION.—For purposes 

23 of this section, a payment shall not be considered to 

24 be made by a person in cooperation, consultation, or 

25 concert with, or at the request or suggestion of, a 


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•S 1880 IS

1 candidate or committee, solely on the grounds that 

2 the person or the person’s agent engaged in discus3 sions with the candidate or committee, or with any 

4 agent of the candidate or committee, regarding that 

5 person’s position on a legislative or policy matter 

6 (including urging the candidate or committee to 

7 adopt that person’s position), so long as there is no 

8 communication between the person and the can9 didate or committee, or any agent of the candidate 

10 or committee, regarding the candidate’s or commit11 tee’s campaign advertising, message, strategy, pol12 icy, polling, allocation of resources, fundraising, or 

13 other campaign activities. 

14 ‘‘(3) NO EFFECT ON PARTY COORDINATION

15 STANDARD.—Nothing in this section shall be con16 strued to affect the determination of coordination 

17 between a candidate and a political committee of a 

18 political party for purposes of section 315(d). 

19 ‘‘(4) NO SAFE HARBOR FOR USE OF FIRE20 WALL.—A person shall be determined to have made 

21 a payment in cooperation, consultation, or concert 

22 with, or at the request or suggestion of, a candidate 

23 or committee, in accordance with this section with24 out regard to whether or not the person established 

25 and used a firewall or similar procedures to restrict 


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•S 1880 IS

1 the sharing of information between individuals who 

2 are employed by or who are serving as agents for the 

3 person making the payment. 

4 ‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR

5 COVERED COMMUNICATIONS.— 

6 ‘‘(1) PAYMENTS MADE IN COOPERATION, CON7 SULTATION, OR CONCERT WITH CANDIDATES.—For 

8 purposes of subsection (a)(1)(A), if the person who 

9 makes a payment for a covered communication, as 

10 defined in subsection (d), is a coordinated spender 

11 under paragraph (2) with respect to the candidate 

12 as described in subsection (d)(1), the payment for 

13 the covered communication is made in cooperation, 

14 consultation, or concert with the candidate. 

15 ‘‘(2) COORDINATED SPENDER DEFINED.—For 

16 purposes of this subsection, the term ‘coordinated 

17 spender’ means, with respect to a candidate or an 

18 authorized committee of a candidate, a person (other 

19 than a political committee of a political party) for 

20 which any of the following applies: 

21 ‘‘(A) During the 4-year period ending on 

22 the date on which the person makes the pay23 ment, the person was directly or indirectly 

24 formed or established by or at the request or 

25 suggestion of, or with the encouragement of, 


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1 the candidate (including an individual who later 

2 becomes a candidate) or committee or agents of 

3 the candidate or committee, including with the 

4 approval of the candidate or committee or 

5 agents of the candidate or committee. 

6 ‘‘(B) The candidate or committee or any 

7 agent of the candidate or committee solicits 

8 funds, appears at a fundraising event, or en9 gages in other fundraising activity on the per10 son’s behalf during the election cycle involved, 

11 including by providing the person with names of 

12 potential donors or other lists to be used by the 

13 person in engaging in fundraising activity, re14 gardless of whether the person pays fair market 

15 value for the names or lists provided. For pur16 poses of this subparagraph, the term ‘election 

17 cycle’ means, with respect to an election for 

18 Federal office, the period beginning on the day 

19 after the date of the most recent general elec20 tion for that office (or, if the general election 

21 resulted in a runoff election, the date of the 

22 runoff election) and ending on the date of the 

23 next general election for that office (or, if the 

24 general election resulted in a runoff election, 

25 the date of the runoff election). 


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1 ‘‘(C) The person is established, directed, or 

2 managed by the candidate or committee or by 

3 any person who, during the 4-year period end4 ing on the date on which the person makes the 

5 payment, has been employed or retained as a 

6 political, campaign media, or fundraising ad7 viser or consultant for the candidate or com8 mittee or for any other entity directly or indi9 rectly controlled by the candidate or committee, 

10 or has held a formal position with the candidate 

11 or committee. 

12 ‘‘(D) The person has retained the profes13 sional services of any person who, during the 2- 

14 year period ending on the date on which the 

15 person makes the payment, has provided or is 

16 providing professional services relating to the 

17 campaign to the candidate or committee. For 

18 purposes of this subparagraph, the term ‘pro19 fessional services’ includes any services in sup20 port of the candidate’s or committee’s campaign 

21 activities, including advertising, message, strat22 egy, policy, polling, allocation of resources, 

23 fundraising, and campaign operations, but does 

24 not include accounting or legal services. 


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1 ‘‘(E) The person is established, directed, or 

2 managed by a member of the immediate family 

3 of the candidate, or the person or any officer or 

4 agent of the person has had more than inci5 dental discussions about the candidate’s cam6 paign with a member of the immediate family 

7 of the candidate. For purposes of this subpara8 graph, the term ‘immediate family’ has the 

9 meaning given such term in section 9004(e) of 

10 the Internal Revenue Code of 1986. 

11 ‘‘(d) COVERED COMMUNICATION DEFINED.— 

12 ‘‘(1) IN GENERAL.—For purposes of this sec13 tion, the term ‘covered communication’ means, with 

14 respect to a candidate or an authorized committee of 

15 a candidate, a public communication (as defined in 

16 section 301(22)) which— 

17 ‘‘(A) expressly advocates the election of the 

18 candidate or the defeat of an opponent of the 

19 candidate (or contains the functional equivalent 

20 of express advocacy); 

21 ‘‘(B) promotes or supports the candidate, 

22 or attacks or opposes an opponent of the can23 didate (regardless of whether the communica24 tion expressly advocates the election or defeat 


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•S 1880 IS

1 of a candidate or contains the functional equiv2 alent of express advocacy); or 

3 ‘‘(C) refers to the candidate or an oppo4 nent of the candidate but is not described in 

5 subparagraph (A) or subparagraph (B), but 

6 only if the communication is disseminated dur7 ing the applicable election period. 

8 ‘‘(2) APPLICABLE ELECTION PERIOD.—In para9 graph (1)(C), the ‘applicable election period’ means, 

10 with respect to any candidate, the period beginning 

11 120 days prior to the candidate’s primary or pref12 erence election, nominating convention, or caucus, 

13 and ending on the day after the general election. 

14 ‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN15 VOLVING CONGRESSIONAL CANDIDATES.—For pur16 poses of this subsection, a public communication 

17 shall not be considered to be a covered communica18 tion with respect to a candidate for election for an 

19 office other than the office of President or Vice 

20 President unless it is publicly disseminated or dis21 tributed in the jurisdiction of the office the can22 didate is seeking. 

23 ‘‘(e) PENALTY.— 

24 ‘‘(1) DETERMINATION OF AMOUNT.—Any per25 son who knowingly and willfully commits a violation 


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1 of this Act by making a contribution which consists 

2 of a payment for a coordinated expenditure shall be 

3 fined an amount equal to the greater of— 

4 ‘‘(A) in the case of a person who makes a 

5 contribution which consists of a payment for a 

6 coordinated expenditure in an amount exceeding 

7 the applicable contribution limit under this Act, 

8 300 percent of the amount by which the 

9 amount of the payment made by the person ex10 ceeds such applicable contribution limit; or 

11 ‘‘(B) in the case of a person who is prohib12 ited under this Act from making a contribution 

13 in any amount, 300 percent of the amount of 

14 the payment made by the person for the coordi15 nated expenditure. 

16 ‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di17 rector, manager or officer of a person who is subject 

18 to a penalty under paragraph (1) shall be jointly and 

19 severally liable for any amount of such penalty that 

20 is not paid by the person prior to the expiration of 

21 the 1-year period which begins on the date the Com22 mission imposes the penalty or the 1-year period 

23 which begins on the date of the final judgment fol24 lowing any judicial review of the Commission’s ac25 tion, whichever is later.’’. 


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1 (c) EFFECTIVE DATE.— 

2 (1) REPEAL OF EXISTING REGULATIONS ON CO3 ORDINATION.—Effective upon the expiration of the 

4 90-day period which begins on the date of the enact5 ment of this Act— 

6 (A) the regulations on coordinated commu7 nications adopted by the Federal Election Com8 mission which are in effect on the date of the 

9 enactment of this Act (as set forth in 11 C.F.R. 

10 Part 109, Subpart C, under the heading ‘‘Co11 ordination’’) are repealed; and 

12 (B) the Federal Election Commission shall 

13 promulgate new regulations on coordinated 

14 communications which reflect the amendments 

15 made by this part. 

16 (2) EFFECTIVE DATE.—The amendments made 

17 by this section shall apply with respect to payments 

18 made on or after the expiration of the 120-day pe19 riod which begins on the date of the enactment of 

20 this Act, without regard to whether or not the Fed21 eral Election Commission has promulgated regula22 tions in accordance with paragraph (1)(B) as of the 

23 expiration of such period. 


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1 SEC. 1023. CLARIFICATION OF BAN ON FUNDRAISING FOR 

2 SUPER PACS BY FEDERAL CANDIDATES AND 

3 OFFICEHOLDERS. 

4 (a) IN GENERAL.—Section 323(e)(1) of the Federal 

5 Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) 

6 is amended— 

7 (1) by striking ‘‘or’’ at the end of subparagraph 

8 (A); 

9 (2) by striking the period at the end of sub10 paragraph (B) and inserting ‘‘; or’’; and 

11 (3) by adding at the end the following new sub12 paragraph: 

13 ‘‘(C) solicit, receive, direct, or transfer 

14 funds to or on behalf of any political committee 

15 which accepts donations or contributions that 

16 do not comply with the limitations, prohibitions, 

17 and reporting requirements of this Act (or to or 

18 on behalf of any account of a political com19 mittee which is established for the purpose of 

20 accepting such donations or contributions), or 

21 to or on behalf of any political organization 

22 under section 527 of the Internal Revenue Code 

23 of 1986 which accepts such donations or con24 tributions (other than a committee of a State or 

25 local political party or a candidate for election 

26 for State or local office).’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to elections occur3 ring after January 1, 2018. 

4 PART III—REAL-TIME TRANSPARENCY 

5 SEC. 1031. SHORT TITLE. 

6 This part may be cited as the ‘‘Real Time Trans7 parency Act’’. 

8 SEC. 1032. 48-HOUR NOTIFICATION REQUIRED FOR ALL PO9 LITICAL COMMITTEES RECEIVING CUMU10 LATIVE CONTRIBUTIONS OF $1,000 OR MORE 

11 DURING A YEAR FROM ANY CONTRIBUTOR. 

12 (a) NOTIFICATION.—Section 304(a)(6)(A) of the 

13 Federal Election Campaign Act of 1971 (2 U.S.C. 

14 434(a)(6)(A)) is amended to read as follows: 

15 ‘‘(A)(i) If a political committee receives an aggregate 

16 amount of contributions equal to or greater than $1,000 

17 from any contributor during a calendar year, the com18 mittee shall submit a notification to the Commission con19 taining the name of the committee (and, in the case of 

20 an authorized committee of a candidate, the name of the 

21 candidate and the office sought by the candidate), the 

22 identification of the contributor, and the date of receipt 

23 and amount of the contributions involved. 

24 ‘‘(ii) If, at any time after a political committee is re25 quired to submit a notification under this subparagraph 


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•S 1880 IS

1 with respect to a contributor during a calendar year, the 

2 political committee receives additional contributions from 

3 that contributor during that year, the committee shall sub4 mit an additional notification under clause (i) with respect 

5 to such contributor each time the aggregate amount of the 

6 additional contributions received from the contributor dur7 ing the year equals or exceeds $1,000 (excluding the 

8 amount of any contribution for which information is re9 quired to be included in a previous notification under this 

10 subparagraph). 

11 ‘‘(iii) The political committee shall submit the notifi12 cation required under this subparagraph with respect to 

13 a contributor— 

14 ‘‘(I) in the case of a notification described in 

15 clause (i), not later than 48 hours after the date on 

16 which the aggregate amount of contributions re17 ceived from the contributor during the calendar year 

18 first equals or exceeds $1,000; or 

19 ‘‘(II) in the case of an additional notification 

20 described in clause (ii), not later than 48 hours after 

21 the date on which the aggregate amount of contribu22 tions received from the contributor during the cal23 endar year for which information was not already in24 cluded in a notification under this subparagraph 

25 first equals or exceeds $1,000. 


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1 ‘‘(iv) For purposes of this subparagraph, any amount 

2 transferred by a joint fundraising committee which is es3 tablished by an authorized committee of a candidate to 

4 any other authorized committee of that candidate shall be 

5 treated as a contribution by the joint fundraising com6 mittee to such authorized committee.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall apply with respect to contributions re9 ceived by a political committee under the Federal Election 

10 Campaign Act of 1971 during 2017 or any succeeding 

11 year, except that nothing in such amendment may be con12 strued to require a political committee which does not re13 ceive contributions during the portion of 2017 which oc14 curs after the date of the enactment of this Act to meet 

15 the requirements of section 304(a)(6)(A) of the Federal 

16 Election Campaign Act of 1971, as amended by subsection 

17 (a). 

18 SEC. 1033. FILING BY SENATE CANDIDATES WITH FEDERAL 

19 ELECTION COMMISSION. 

20 (a) MANDATORY FILING WITH FEC.—Section 

21 302(g) of the Federal Election Campaign Act of 1971 (2 

22 U.S.C. 432(g)) is amended to read as follows: 

23 ‘‘(g) FILING WITH THE COMMISSION.—All designa24 tions, statements, and reports required to be filed under 

25 this Act shall be filed with the Commission.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to materials filed 

3 on or after the date of the enactment of this Act. 

4 PART IV—STAND BY YOUR AD 

5 SEC. 1041. STAND BY YOUR AD. 

6 (a) DISCLAIMER REQUIREMENTS FOR CAMPAIGN-RE7 LATED DISBURSEMENTS.—Section 318(a) of the Federal 

8 Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is 

9 amended by striking ‘‘for the purpose of financing commu10 nications expressly advocating the election or defeat of a 

11 clearly identified candidate’’ and inserting ‘‘for a cam12 paign-related disbursement, as defined in section 324, con13 sisting of a public communication’’. 

14 (b) STAND BY YOUR AD REQUIREMENTS.— 

15 (1) MAINTENANCE OF REQUIREMENTS FOR PO16 LITICAL PARTIES AND CERTAIN POLITICAL COMMIT17 TEES.—Section 318(d)(2) of such Act (52 U.S.C. 

18 30120(d)(2)) is amended— 

19 (A) in the heading, by striking ‘‘OTHERS’’ 

20 and inserting ‘‘CERTAIN POLITICAL COMMIT21 TEES’’; 

22 (B) by striking ‘‘Any communication’’ and 

23 inserting ‘‘(A) Any communication’’; 

24 (C) by inserting ‘‘which (except to the ex25 tent provided in the last sentence of this paraVerDate Sep 11 2014 02:56 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880

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1 graph) is paid for by a political committee (in2 cluding a political committee of a political 

3 party) and’’ after ‘‘subsection (a)’’; 

4 (D) by striking ‘‘or other person’’ each 

5 place it appears; and 

6 (E) by adding at the end the following new 

7 subparagraph: 

8 ‘‘(B) This paragraph does not apply to a com9 munication paid for in whole or in part with a pay10 ment which is treated as a campaign-related dis11 bursement under section 324 and with respect to 

12 which a covered organization files a statement under 

13 such section.’’. 

14 (2) SPECIAL DISCLAIMER REQUIREMENTS FOR

15 CERTAIN COMMUNICATIONS.—Section 318 of such 

16 Act (52 U.S.C. 30120) is amended by adding at the 

17 end the following new subsection: 

18 ‘‘(e) COMMUNICATIONS BY OTHERS.— 

19 ‘‘(1) IN GENERAL.—Any communication de20 scribed in paragraph (3) of subsection (a) which is 

21 transmitted through radio or television (other than 

22 a communication to which subsection (d)(2) applies) 

23 shall include, in addition to the requirements of such 

24 paragraph, the following: 


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1 ‘‘(A) The individual disclosure statement 

2 described in paragraph (2)(A) (if the person 

3 paying for the communication is an individual) 

4 or the organizational disclosure statement de5 scribed in paragraph (2)(B) (if the person pay6 ing for the communication is not an individual). 

7 ‘‘(B) If the communication is transmitted 

8 through television and is paid for in whole or in 

9 part with a payment which is treated as a cam10 paign-related disbursement under section 324, 

11 the Top Five Funders list (if applicable), un12 less, on the basis of criteria established in regu13 lations issued by the Commission, the commu14 nication is of such short duration that including 

15 the Top Five Funders list in the communication 

16 would constitute a hardship to the person pay17 ing for the communication by requiring a dis18 proportionate amount of the content of the 

19 communication to consist of the Top Five 

20 Funders list. 

21 ‘‘(C) If the communication is transmitted 

22 through radio and is paid for in whole or in 

23 part with a payment which is treated as a cam24 paign-related disbursement under section 324, 

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1 less, on the basis of criteria established in regu2 lations issued by the Commission, the commu3 nication is of such short duration that including 

4 the Top Two Funders list in the communication 

5 would constitute a hardship to the person pay6 ing for the communication by requiring a dis7 proportionate amount of the content of the 

8 communication to consist of the Top Two 

9 Funders list. 

10 ‘‘(2) DISCLOSURE STATEMENTS DESCRIBED.— 

11 ‘‘(A) INDIVIDUAL DISCLOSURE STATE12 MENTS.—The individual disclosure statement 

13 described in this subparagraph is the following: 

14 ‘I am llllllll, and I approve this 

15 message.’, with the blank filled in with the 

16 name of the applicable individual. 

17 ‘‘(B) ORGANIZATIONAL DISCLOSURE

18 STATEMENTS.—The organizational disclosure 

19 statement described in this subparagraph is the 

20 following: ‘I am llllllll, the 

21 llllllll of llllllll, and 

22 llllllll approves this message.’, 

23 with— 

24 ‘‘(i) the first blank to be filled in with 

25 the name of the applicable individual; 


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1 ‘‘(ii) the second blank to be filled in 

2 with the title of the applicable individual; 

3 and 

4 ‘‘(iii) the third and fourth blank each 

5 to be filled in with the name of the organi6 zation or other person paying for the com7 munication. 

8 ‘‘(3) METHOD OF CONVEYANCE OF STATE9 MENT.— 

10 ‘‘(A) COMMUNICATIONS TRANSMITTED

11 THROUGH RADIO.—In the case of a communica12 tion to which this subsection applies which is 

13 transmitted through radio, the disclosure state14 ments required under paragraph (1) shall be 

15 made by audio by the applicable individual in a 

16 clearly spoken manner. 

17 ‘‘(B) COMMUNICATIONS TRANSMITTED

18 THROUGH TELEVISION.—In the case of a com19 munication to which this subsection applies 

20 which is transmitted through television, the in21 formation required under paragraph (1)— 

22 ‘‘(i) shall appear in writing at the end 

23 of the communication or in a crawl along 

24 the bottom of the communication in a 

25 clearly readable manner, with a reasonable 


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1 degree of color contrast between the back2 ground and the printed statement, for a 

3 period of at least 6 seconds; and 

4 ‘‘(ii) shall also be conveyed by an 

5 unobscured, full-screen view of the applica6 ble individual or by the applicable indi7 vidual making the statement in voice-over 

8 accompanied by a clearly identifiable pho9 tograph or similar image of the individual, 

10 except in the case of a Top Five Funders 

11 list. 

12 ‘‘(4) DEFINITIONS.—In this subsection: 

13 ‘‘(A) APPLICABLE INDIVIDUAL.—The term 

14 ‘applicable individual’ means, with respect to a 

15 communication to which this subsection ap16 plies— 

17 ‘‘(i) if the communication is paid for 

18 by an individual, the individual involved; 

19 ‘‘(ii) if the communication is paid for 

20 by a corporation, the chief executive officer 

21 of the corporation (or, if the corporation 

22 does not have a chief executive officer, the 

23 highest ranking official of the corporation); 


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1 ‘‘(iii) if the communication is paid for 

2 by a labor organization, the highest rank3 ing officer of the labor organization; and 

4 ‘‘(iv) if the communication is paid for 

5 by any other person, the highest ranking 

6 official of such person. 

7 ‘‘(B) COVERED ORGANIZATION AND CAM8 PAIGN-RELATED DISBURSEMENT.—The terms 

9 ‘campaign-related disbursement’ and ‘covered 

10 organization’ have the meaning given such 

11 terms in section 324. 

12 ‘‘(C) TOP FIVE FUNDERS LIST.—The term 

13 ‘Top Five Funders list’ means, with respect to 

14 a communication paid for in whole or in part 

15 with a payment which is treated as a campaign16 related disbursement under section 324, a list 

17 of the five persons who provided the largest 

18 payments of any type in an aggregate amount 

19 equal to or exceeding $10,000 which are re20 quired under section 324(a) to be included in 

21 the reports filed by a covered organization with 

22 respect to such communication during the 12- 

23 month period ending on the date of the dis24 bursement and the amount of the payments 

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1 ple provided the fifth largest of such payments, 

2 the covered organization involved shall select 

3 one of those persons to be included on the Top 

4 Five Funders list. 

5 ‘‘(D) TOP TWO FUNDERS LIST.—The term 

6 ‘Top Two Funders list’ means, with respect to 

7 a communication paid for in whole or in part 

8 with a payment which is treated as a campaign9 related disbursement under section 324, a list 

10 of the persons who provided the largest and the 

11 second largest payments of any type in an ag12 gregate amount equal to or exceeding $10,000 

13 which are required under section 324(a) to be 

14 included in the reports filed by a covered orga15 nization with respect to such communication 

16 during the 12-month period ending on the date 

17 of the disbursement and the amount of the pay18 ments each such person provided. If two or 

19 more persons provided the second largest of 

20 such payments, the covered organization in21 volved shall select one of those persons to be in22 cluded on the Top Two Funders list.’’. 

23 (c) APPLICATION OF DISCLOSURE REQUIREMENTS

24 FOR AUDIO AND VIDEO COMMUNICATIONS TO AUDIO AND


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1 VIDEO PORTIONS OF COMMUNICATIONS TRANSMITTED

2 THROUGH INTERNET OR ELECTRONIC MAIL.— 

3 (1) COMMUNICATIONS BY CANDIDATES OR AU4 THORIZED PERSONS.—Section 318(d)(1) of the Fed5 eral Election Campaign Act of 1971 (52 U.S.C. 

6 30120(d)(1)) is amended by adding at the end the 

7 following new subparagraph: 

8 ‘‘(C) AUDIO AND VIDEO PORTIONS OF

9 COMMUNICATIONS TRANSMITTED THROUGH

10 INTERNET OR ELECTRONIC MAIL.—In the case 

11 of a communication described in paragraph (1) 

12 or (2) of subsection (a) which is transmitted 

13 through the Internet or through any form of 

14 electronic mail— 

15 ‘‘(i) any audio portion of the commu16 nication shall meet the requirements appli17 cable under subparagraph (A) to commu18 nications transmitted through radio; and 

19 ‘‘(ii) any video portion of the commu20 nication shall meet the requirements appli21 cable under subparagraph (B) to commu22 nications transmitted through television.’’. 

23 (2) COMMUNICATIONS BY OTHERS.— 


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1 (A) IN GENERAL.—Section 318(d)(2) of 

2 such Act (52 U.S.C. 30120(d)(2)), as amended 

3 by subsection (b)(1), is further amended— 

4 (i) by redesignating subparagraph (B) 

5 as subparagraph (C); and 

6 (ii) by inserting after subparagraph 

7 (A) the following new subparagraph: 

8 ‘‘(B) In the case of a communication described 

9 in paragraph (3) of subsection (a) which is trans10 mitted through the Internet or through any form of 

11 electronic mail, any audio portion of the communica12 tion shall meet the requirements applicable under 

13 this paragraph to communications transmitted 

14 through radio and any video portion of the commu15 nication shall meet the requirements applicable 

16 under this paragraph to communications transmitted 

17 through television.’’. 

18 (B) APPLICATION OF SPECIAL PERSONAL

19 DISCLOSURE RULES FOR CERTAIN COMMUNICA20 TIONS.—Section 318(e) of such Act, as added 

21 by subsection (b)(2), is amended— 

22 (i) in paragraph (1) in the matter pre23 ceding subparagraph (A), by striking 

24 ‘‘radio or television’’ and inserting ‘‘radio 


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1 or television, through the Internet, or 

2 through any form of electronic mail’’; and 

3 (ii) in paragraph (3), by adding at the 

4 end the following new subparagraph: 

5 ‘‘(C) COMMUNICATIONS TRANSMITTED

6 THROUGH INTERNET OR ELECTRONIC MAIL.— 

7 In the case of a communication to which this 

8 paragraph applies which is transmitted through 

9 the Internet or through any form of electronic 

10 mail, any audio portion of the communication 

11 shall meet the requirements applicable under 

12 this paragraph to communications transmitted 

13 through radio and any video portion of the com14 munication shall meet the requirements applica15 ble under this paragraph to communications 

16 transmitted through television.’’. 

17 (d) DISCLOSURE REQUIREMENTS FOR CAMPAIGN

18 COMMUNICATIONS MADE THROUGH PRERECORDED

19 TELEPHONE CALLS.— 

20 (1) APPLICATION OF REQUIREMENTS.—Section 

21 318(a) of the Federal Election Campaign Act of 

22 1971 (52 U.S.C. 30120(a)) is amended by inserting 

23 after ‘‘mailing,’’ each place it appears the following: 

24 ‘‘telephone call which consists in substantial part of 

25 a prerecorded audio message,’’. 


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1 (2) TREATMENT AS AUDIO COMMUNICATION.— 

2 (A) COMMUNICATIONS BY CANDIDATES OR

3 AUTHORIZED PERSONS.—Section 318(d)(1) of 

4 such Act (52 U.S.C. 30120(d)(1)), as amended 

5 by subsection (c)(1), is further amended by 

6 adding at the end the following new subpara7 graph: 

8 ‘‘(D) PRERECORDED TELEPHONE

9 CALLS.—Any communication described in para10 graph (1) or (2) of subsection (a) which is a 

11 telephone call which consists in substantial part 

12 of a prerecorded audio message shall meet the 

13 requirements applicable under subparagraph 

14 (A) to communications transmitted through 

15 radio, except that the statement required under 

16 such subparagraph shall be made at the begin17 ning of the telephone call.’’. 

18 (B) COMMUNICATIONS BY OTHERS.— 

19 (i) IN GENERAL.—Section 318(d)(2) 

20 of such Act (52 U.S.C. 30120(d)(2)), as 

21 amended by subsection (b)(1) and sub22 section (c)(2)(A), is further amended— 

23 (I) by redesignating subpara24 graph (C) as subparagraph (D); and 


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1 (II) by inserting after subpara2 graph (B) the following new subpara3 graph: 

4 ‘‘(C) Any communication described in para5 graph (3) of subsection (a) which is a telephone call 

6 which consists in substantial part of a prerecorded 

7 audio message shall meet the requirements applica8 ble under this paragraph to communications trans9 mitted through radio, except that the statement re10 quired shall be made at the beginning of the tele11 phone call.’’. 

12 (ii) APPLICATION OF SPECIAL PER13 SONAL DISCLOSURE RULES FOR CERTAIN

14 COMMUNICATIONS.—Section 318(e) of such 

15 Act, as added by subsection (b)(2) and as 

16 amended by subsection (c)(2)(b), is further 

17 amended— 

18 (I) in paragraph (1) in the mat19 ter preceding subparagraph (A), by 

20 striking ‘‘electronic mail’’ and insert21 ing ‘‘electronic mail, or which is a 

22 telephone call which consists in sub23 stantial part of a prerecorded audio 

24 message,’’; and 


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1 (II) in paragraph (3), by adding 

2 at the end the following new subpara3 graph: 

4 ‘‘(D) COMMUNICATIONS MADE THROUGH

5 PRERECORDED TELEPHONE CALLS.—Any com6 munication to which this paragraph applies 

7 which is a telephone call which consists in sub8 stantial part of a prerecorded audio message 

9 shall meet the requirements applicable under 

10 this paragraph to communications transmitted 

11 through radio.’’. 

12 (e) NO EXPANSION OF PERSONS SUBJECT TO DIS13 CLAIMER REQUIREMENTS ON INTERNET COMMUNICA14 TIONS.—Nothing in this section or the amendments made 

15 by this section may be construed to require any person 

16 who is not required under section 318 of the Federal Elec17 tion Campaign Act of 1971 (as provided under section 

18 110.11 of title 11 of the Code of Federal Regulations) to 

19 include a disclaimer on communications made by the per20 son through the Internet to include any disclaimer on any 

21 such communications. 


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1 PART V—OTHER CAMPAIGN FINANCE REFORMS 

2 SEC. 1051. REGULATIONS WITH RESPECT TO BEST EFFORTS 

3 FOR IDENTIFYING PERSONS MAKING CON4 TRIBUTIONS. 

5 Not later than 6 months after the date of enactment 

6 of this Act, the Federal Election Commission shall pro7 mulgate regulations with respect to what constitutes best 

8 efforts under section 302(i) of the Federal Election Cam9 paign Act of 1971 (52 U.S.C. 30102(i)) for determining 

10 the identification of persons making contributions to polit11 ical committees, including the identifications of persons 

12 making contributions over the Internet or by credit card. 

13 Such regulations shall include a requirement that in the 

14 case of contributions made by a credit card, the political 

15 committee shall ensure that the name on the credit card 

16 used to make the contribution matches the name of the 

17 person making the contribution. 

18 SEC. 1052. RULES RELATING TO JOINT FUNDRAISING COM19 MITTEES. 

20 (a) PROHIBITION ON JOINT FUNDRAISING COMMIT21 TEES FOR CANDIDATES FOR PRESIDENT.— 

22 (1) IN GENERAL.—Section 302(e) of the Fed23 eral Election Campaign Act of 1971 (52 U.S.C. 

24 30102(e)) is amended by adding at the end the fol25 lowing new paragraph: 


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1 ‘‘(6) No authorized committee of a candidate for the 

2 office of President may establish, participate in, or have 

3 any involvement with any joint fundraising committee.’’. 

4 (2) CONFORMING AMENDMENT.—Section 

5 302(e)(3)(A)(ii) of such Act (52 U.S.C. 

6 30102(e)(3)(A)(ii)) is amended by striking ‘‘can7 didates may’’ and inserting ‘‘candidates (other than 

8 candidates for the office of President) may’’. 

9 (b) LIMITATION ON JOINT FUNDRAISING COMMIT10 TEES FOR PARTY COMMITTEES.—Section 302 of the Fed11 eral Election Campaign Act of 1971 (52 U.S.C. 30102) 

12 is amended by adding at the end the following new sub13 section: 

14 ‘‘(j) PARTICIPATION OF PARTY COMMITTEES IN

15 JOINT FUNDRAISING COMMITTEES.—No committee of a 

16 political party may establish, participate in, or have any 

17 involvement with any joint fundraising committee other 

18 than a joint fundraising committee that consists of the 

19 national committee of a political party and one other com20 mittee of the political party.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on January 1, 2018. 


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1 SEC. 1053. DISCLOSURE OF BUNDLED CONTRIBUTIONS TO 

2 PRESIDENTIAL CAMPAIGNS; INCREASE IN 

3 THRESHOLD FOR BUNDLED CONTRIBUTIONS 

4 BY LOBBYISTS. 

5 (a) IN GENERAL.—Paragraphs (1) through (3) of 

6 section 304(i) of the Federal Election Campaign Act of 

7 1971 (52 U.S.C. 30104(i)) are amended to read as fol8 lows: 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) DISCLOSURE OF BUNDLED CON11 TRIBUTIONS BY LOBBYISTS.—Each committee 

12 described in paragraph (6) shall include in the 

13 first report required to be filed under this sec14 tion after each covered period (as defined in 

15 paragraph (2)) a separate schedule setting forth 

16 the name, address, and employer of each person 

17 reasonably known by the committee to be a per18 son described in paragraph (7) who provided 

19 two or more bundled contributions to the com20 mittee in an aggregate amount greater than the 

21 applicable threshold (as defined in paragraph 

22 (3)) during the covered period, and the aggre23 gate amount of the bundled contributions pro24 vided by each such person during the covered 

25 period. 


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1 ‘‘(B) DISCLOSURE OF BUNDLED CON2 TRIBUTIONS BY POLITICAL COMMITTEES.— 

3 Each committee described in paragraph (6) 

4 shall include in the first report required to be 

5 filed under this section after each covered pe6 riod (as defined in paragraph (2)) a separate 

7 schedule setting forth the name of each political 

8 committee (other than a committee of a polit9 ical party) which provided two or more bundled 

10 contributions to the committee in an aggregate 

11 amount greater than the applicable threshold 

12 (as defined in paragraph (3)) during the cov13 ered period, and the aggregate amount of the 

14 bundled contributions provided by each such po15 litical committee during the covered period. 

16 ‘‘(C) DISCLOSURE OF BUNDLED CON17 TRIBUTIONS TO PRESIDENTIAL CAMPAIGNS.— 

18 Each committee which is an authorized com19 mittee of a candidate for the office of President 

20 or for nomination to such office shall include in 

21 the first report required to be filed under this 

22 section after each covered period (as defined in 

23 paragraph (2)) a separate schedule setting forth 

24 the name, address, and employer of each person 

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1 tions to the committee in an aggregate amount 

2 greater than the applicable threshold (as de3 fined in paragraph (3)) during the election 

4 cycle, and the aggregate amount of the bundled 

5 contributions provided by each such person dur6 ing the covered period and such election cycle. 

7 Such schedule shall include a separate listing of 

8 the name, address, and employer of each person 

9 included on such schedule who is reasonably 

10 known by the committee to be a person de11 scribed in paragraph (7), together with the ag12 gregate amount of bundled contributions pro13 vided by such person during such period and 

14 such cycle. 

15 ‘‘(2) COVERED PERIOD.—In this subsection, a 

16 ‘covered period’ means— 

17 ‘‘(A) with respect to a committee which is 

18 an authorized committee of a candidate for the 

19 office of President or for nomination to such of20 fice— 

21 ‘‘(i) the 4-year election cycle ending 

22 with the date of the election for the office 

23 of the President; and 

24 ‘‘(ii) any reporting period applicable 

25 to the committee under this section during 


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1 which any person provided two or more 

2 bundled contributions to the committee; 

3 and 

4 ‘‘(B) with respect to any other com5 mittee— 

6 ‘‘(i) the period beginning January 1 

7 and ending June 30 of each year; 

8 ‘‘(ii) the period beginning July 1 and 

9 ending December 31 of each year; and 

10 ‘‘(iii) any reporting period applicable 

11 to the committee under this section during 

12 which any person described in paragraph 

13 (7) provided two or more bundled contribu14 tions to the committee in an aggregate 

15 amount greater than the applicable thresh16 old. 

17 ‘‘(3) APPLICABLE THRESHOLD.— 

18 ‘‘(A) IN GENERAL.—In this subsection, the 

19 ‘applicable threshold’ is— 

20 ‘‘(i) $50,000 in the case of a com21 mittee which is an authorized committee of 

22 a candidate for the office of President or 

23 for nomination to such office; and 

24 ‘‘(ii) $25,000 in the case of any other 

25 committee. 


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1 In determining whether the amount of bundled 

2 contributions provided to a committee by a per3 son exceeds the applicable threshold, there shall 

4 be excluded any contribution made to the com5 mittee by the person or the person’s spouse. 

6 ‘‘(B) INDEXING.—In any calendar year 

7 after 2018, section 315(c)(1)(B) shall apply to 

8 each amount applicable under subparagraph 

9 (A) in the same manner as such section applies 

10 to the limitations established under subsections 

11 (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such 

12 section, except that for purposes of applying 

13 such section to the amount applicable under 

14 subparagraph (A), the ‘base period’ shall be 

15 2017. 

16 ‘‘(C) AGGREGATION OF CONTRIBUTIONS

17 FROM COSPONSORS OF FUNDRAISING EVENT.— 

18 For purposes of determining the amount of 

19 bundled contributions provided by a person to a 

20 committee which were received by the person at 

21 a fundraising event sponsored by the person, or 

22 in response to an invitation to attend a fund23 raising event sponsored by the person, each per24 son who is a sponsor of the event shall be con25 sidered to have provided to the committee the 


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1 aggregate amount of all bundled contributions 

2 which were provided to the committee by all 

3 sponsors of the event.’’. 

4 (b) CONFORMING AMENDMENTS.—Section 304(i) of 

5 such Act (52 U.S.C. 30104(i)) is amended— 

6 (1) in paragraph (5), by striking ‘‘described in 

7 paragraph (7)’’ each place it appears in subpara8 graphs (C) and (D); 

9 (2) in paragraph (6), by inserting ‘‘(other than 

10 a candidate for the office of President or for nomi11 nation to such office)’’ after ‘‘candidate’’; and 

12 (3) in paragraph (8)(A)— 

13 (A) by striking ‘‘, with respect to a com14 mittee described in paragraph (6) and a person 

15 described in paragraph (7),’’ and inserting ‘‘, 

16 with respect to a committee described in para17 graph (6) or an authorized committee of a can18 didate for the office of President or for nomina19 tion to such office,’’; 

20 (B) by striking ‘‘by the person’’ in clause 

21 (i) thereof and inserting ‘‘by any person’’; and 

22 (C) by striking ‘‘the person’’ each place it 

23 appears in clause (ii) and inserting ‘‘such per24 son’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to reports filed under 

3 section 304 of the Federal Election Campaign Act of 1971 

4 after January 1, 2018. 

5 SEC. 1054. JUDICIAL REVIEW OF ACTIONS RELATED TO 

6 CAMPAIGN FINANCE LAWS. 

7 (a) IN GENERAL.—Title IV of the Federal Election 

8 Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is 

9 amended by inserting after section 406 the following new 

10 section: 

11 ‘‘SEC. 407. JUDICIAL REVIEW. 

12 ‘‘(a) IN GENERAL.—Notwithstanding section 373(f), 

13 if any action is brought for declaratory or injunctive relief 

14 to challenge the constitutionality of any provision of this 

15 Act or of chapter 95 or 96 of the Internal Revenue Code 

16 of 1986, or is brought to with respect to any action of 

17 the Commission under chapter 95 or 96 of the Internal 

18 Revenue Code of 1986, the following rules shall apply: 

19 ‘‘(1) The action shall be filed in the United 

20 States District Court for the District of Columbia 

21 and an appeal from the decision of the district court 

22 may be taken to the Court of Appeals for the Dis23 trict of Columbia Circuit. 


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1 ‘‘(2) In the case of an action relating to declar2 atory or injunctive relief to challenge the constitu3 tionality of a provision— 

4 ‘‘(A) a copy of the complaint shall be deliv5 ered promptly to the Clerk of the House of 

6 Representatives and the Secretary of the Sen7 ate; and 

8 ‘‘(B) it shall be the duty of the United 

9 States District Court for the District of Colum10 bia, the Court of Appeals for the District of Co11 lumbia, and the Supreme Court of the United 

12 States to advance on the docket and to expedite 

13 to the greatest possible extent the disposition of 

14 the action and appeal. 

15 ‘‘(b) INTERVENTION BY MEMBERS OF CONGRESS.— 

16 In any action in which the constitutionality of any provi17 sion of this Act or chapter 95 or 96 of the Internal Rev18 enue Code of 1986 is raised, any member of the House 

19 of Representatives (including a Delegate or Resident Com20 missioner to the Congress) or Senate shall have the right 

21 to intervene either in support of or opposition to the posi22 tion of a party to the case regarding the constitutionality 

23 of the provision. To avoid duplication of efforts and reduce 

24 the burdens placed on the parties to the action, the court 

25 in any such action may make such orders as it considers 


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1 necessary, including orders to require interveners taking 

2 similar positions to file joint papers or to be represented 

3 by a single attorney at oral argument. 

4 ‘‘(c) CHALLENGE BY MEMBERS OF CONGRESS.—Any 

5 Member of Congress may bring an action, subject to the 

6 special rules described in subsection (a), for declaratory 

7 or injunctive relief to challenge the constitutionality of any 

8 provision of this Act or chapter 95 or 96 of the Internal 

9 Revenue Code of 1986.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) IN GENERAL.— 

12 (A) Section 9011 of the Internal Revenue 

13 Code of 1986 is amended to read as follows: 

14 ‘‘SEC. 9011. JUDICIAL REVIEW. 

15 ‘‘For provisions relating to judicial review of certifi16 cations, determinations, and actions by the Commission 

17 under this chapter, see section 407 of the Federal Election 

18 Campaign Act of 1971.’’. 

19 (B) Section 9041 of the Internal Revenue 

20 Code of 1986 is amended to read as follows: 

21 ‘‘SEC. 9041. JUDICIAL REVIEW. 

22 ‘‘For provisions relating to judicial review of actions 

23 by the Commission under this chapter, see section 407 of 

24 the Federal Election Campaign Act of 1971.’’. 


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1 (C) Section 403 of the Bipartisan Cam2 paign Finance Reform Act of 2002 (52 U.S.C. 

3 30110 note) is repealed. 

4 (c) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to actions brought on or after Jan6 uary 1, 2018. 

7 SEC. 1055. TREATMENT OF INTERNET COMMUNICATIONS 

8 MADE BY POLITICAL COMMITTEES AS PUB9 LIC COMMUNICATIONS. 

10 (a) IN GENERAL.—Paragraph (22) of section 301 of 

11 the Federal Election Campaign Act of 1971 (52 U.S.C. 

12 30101(22)) is amended by adding at the end the following 

13 new sentence: ‘‘Such term shall include communications 

14 to the general public made over the Internet by a political 

15 committee.’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 this section shall apply to communications made on or 

18 after the date of the enactment of this Act. 

19 SEC. 1056. APPLICATION OF LIMITATIONS ON CONTRIBU20 TIONS TO POLITICAL COMMITTEES. 

21 (a) IN GENERAL.—Section 315(a)(1) of the Federal 

22 Election Campaign Act of 1974 (52 U.S.C. 30116(a)(1)) 

23 is amended by striking subparagraph (C) and inserting 

24 the following: 


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1 ‘‘(C) to any other political committee 

2 (other than a committee described in subpara3 graph (D)), including to a political committee 

4 that makes only independent expenditures or 

5 electioneering communications (or a combina6 tion thereof) or to any account of a political 

7 committee established for the purpose of mak8 ing only independent expenditures or election9 eering communications (or a combination there10 of), in any calendar year which, in the aggre11 gate, exceed $5,000; or’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 this section shall apply to contributions made on or after 

14 the date of the enactment of this Act. 

15 Subtitle B—Establishment of 

16 Federal Election Administration 

17 SEC. 1101. SHORT TITLE. 

18 This subtitle may be cited as the ‘‘Federal Election 

19 Administration Act of 2017’’. 

20 PART I—FEDERAL ELECTION ADMINISTRATION 

21 SEC. 1111. ESTABLISHMENT OF THE FEDERAL ELECTION 

22 ADMINISTRATION. 

23 (a) IN GENERAL.—Title III of the Federal Election 

24 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

25 amended by adding at the end the following new subtitle: 


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1 ‘‘Subtitle B—Administrative 

2 Provisions 

3 ‘‘CHAPTER 1—ESTABLISHMENT OF THE 

4 FEDERAL ELECTION ADMINISTRATION 

5 ‘‘SEC. 351. ESTABLISHMENT OF THE FEDERAL ELECTION 

6 ADMINISTRATION. 

7 ‘‘(a) IN GENERAL.—There is established the Federal 

8 Election Administration (in this Act referred to as the 

9 ‘Administration’). 

10 ‘‘(b) INDEPENDENT ESTABLISHMENT.—The Admin11 istration shall be an independent establishment (as defined 

12 in section 104 of title 5, United States Code). 

13 ‘‘(c) PURPOSE.—The Administration shall admin14 ister, seek to obtain compliance with, enforce, and formu15 late policy in a manner that is consistent with the lan16 guage and intent of Congress with respect to the following 

17 statutes: 

18 ‘‘(1) This Act. 

19 ‘‘(2) The Presidential Election Campaign Fund 

20 Act under chapter 95 of the Internal Revenue Code 

21 of 1986. 

22 ‘‘(3) The Presidential Primary Matching Pay23 ment Account Act under chapter 96 of the Internal 

24 Revenue Code of 1986. 


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1 ‘‘(d) EXCLUSIVE CIVIL JURISDICTION.—The Admin2 istration shall have exclusive jurisdiction with respect to 

3 the civil enforcement of the statutes identified in sub4 section (c). 

5 ‘‘(e) VOTING REQUIREMENT.—All decisions of the 

6 Administration with respect to the exercise of its duties 

7 and powers under this Act, except those expressly reserved 

8 for decision by the Chair, shall be made by a majority vote 

9 of its members. 

10 ‘‘(f) MEETINGS AND QUORUM.— 

11 ‘‘(1) MEETINGS.—The Administration shall 

12 meet— 

13 ‘‘(A) at least once each month; and 

14 ‘‘(B) at the call of the Chair. 

15 ‘‘(2) QUORUM.—A majority of the members of 

16 the Administration shall constitute a quorum. 

17 ‘‘(g) SEAL.—The Administration shall procure a 

18 proper seal, with such suitable inscriptions and devices as 

19 the President shall approve. This seal, to be known as the 

20 official seal of the Federal Election Administration, shall 

21 be kept and used to verify official documents, under such 

22 rules and regulations as the Administration may prescribe. 

23 Judicial notice shall be taken of the seal. 

24 ‘‘(h) PRINCIPAL OFFICE.—The principal office of the 

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1 bia, but the Administration may meet or exercise any of 

2 its powers anywhere in the United States. 

3 ‘‘SEC. 352. COMPOSITION OF THE FEDERAL ELECTION AD4 MINISTRATION. 

5 ‘‘(a) IN GENERAL.—The Administration shall be 

6 composed of 5 members, 1 of whom shall serve as the 

7 Chair of the Administration. Not more than 2 members 

8 of the Administration shall be affiliated with the same po9 litical party while serving as a member of the Administra10 tion. For purposes of the preceding sentence, a member 

11 shall be treated as affiliated with a political party if such 

12 member was affiliated with such political party at any time 

13 during the 5-year period ending on the date on which such 

14 individual is nominated to be a member of the Administra15 tion. 

16 ‘‘(b) APPOINTMENT.— 

17 ‘‘(1) IN GENERAL.—Each member of the Ad18 ministration shall be appointed by the President, by 

19 and with the advice and consent of the Senate. 

20 ‘‘(2) CHAIR.—The President shall, at the time 

21 of nomination of the first 5 members of the Admin22 istration, designate 1 of the 5 to serve as the Chair. 

23 Any individual appointed to succeed, or to fill the 

24 unexpired term of, that member (or any member 

25 succeeding that member) shall serve as the Chair. 


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1 ‘‘(3) QUALIFICATIONS.— 

2 ‘‘(A) IN GENERAL.—The President may 

3 select an individual for service as a Member of 

4 the Commission if the individual has experience 

5 in election law and has a demonstrated record 

6 of integrity, impartiality, and good judgment. 

7 ‘‘(B) ASSISTANCE OF BLUE RIBBON ADVI8 SORY PANEL.— 

9 ‘‘(i) IN GENERAL.—Prior to the regu10 larly scheduled expiration of the term of a 

11 member of the Commission and upon the 

12 occurrence of a vacancy in the membership 

13 of the Commission prior to the expiration 

14 of a term, the President shall convene a 

15 Blue Ribbon Advisory Panel, that includes 

16 individuals representing each major polit17 ical party and individuals who are inde18 pendent of a major political party and that 

19 consists of an odd number of individuals 

20 selected by the President from retired Fed21 eral judges, former law enforcement offi22 cials, or individuals with experience in elec23 tion law, except that the President may not 

24 select any individual to serve on the panel 


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1 who holds any public office at the time of 

2 selection. 

3 ‘‘(ii) RECOMMENDATIONS.—With re4 spect to each member of the Commission 

5 whose term is expiring or each vacancy in 

6 the membership of the Commission (as the 

7 case may be), the Blue Ribbon Advisory 

8 Panel shall recommend to the President at 

9 least one but not more than 3 individuals 

10 for nomination for appointment as a mem11 ber of the Commission. 

12 ‘‘(iii) PUBLICATION.—At the time the 

13 President submits to the Senate the nomi14 nations for individuals to be appointed as 

15 members of the Commission, the President 

16 shall publish the Blue Ribbon Advisory 

17 Panel’s recommendations for such nomina18 tions. 

19 ‘‘(iv) EXEMPTION FROM FEDERAL AD20 VISORY COMMITTEE ACT.—The Federal 

21 Advisory Committee Act (5 U.S.C. App.) 

22 shall not apply to a Blue Ribbon Advisory 

23 Panel convened under this subparagraph. 

24 ‘‘(c) TERM OF OFFICE.— 

25 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) CHAIR.—The Chair of the Adminis2 tration shall be appointed for a term of 10 

3 years. 

4 ‘‘(B) OTHER MEMBERS.—Subject to sub5 paragraph (C), the 4 members of the Adminis6 tration other than the Chair shall be appointed 

7 for a term of 6 years. 

8 ‘‘(C) INITIAL APPOINTMENTS.—Of the 

9 members initially appointed under subpara10 graph (B), 2 members shall be appointed for a 

11 term of 3 years. 

12 ‘‘(2) LIMITATION TO ONE TERM.—A member of 

13 the Administration may only serve 1 term, except 

14 that— 

15 ‘‘(A) an individual appointed under sub16 paragraph (B) of paragraph (1) who is ap17 pointed for the term described in subparagraph 

18 (C) of such paragraph may be appointed to a 

19 6-year term in addition to the term described in 

20 such subparagraph; and 

21 ‘‘(B) an individual appointed under para22 graph (4) to fill the remainder of an unexpired 

term that has less than 1 23 ⁄2 of the term remain24 ing may be appointed to serve another term. 


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1 ‘‘(3) EXPIRED TERMS.—An individual may con2 tinue to serve as a member of the Administration 

3 after the expiration of such individual’s term until 

4 the earlier of— 

5 ‘‘(A) the date on which such individual’s 

6 successor has taken office; or 

7 ‘‘(B) 1 year following the date on which 

8 the term of such member expired. 

9 ‘‘(4) VACANCIES.—An individual appointed 

10 upon a vacancy occurring before the expiration of 

11 the term for which the individual’s predecessor was 

12 appointed shall be appointed only for the unexpired 

13 term of the predecessor. Such vacancy shall be filled 

14 in the same manner as the original appointment. 

15 ‘‘(5) PROHIBITING ENGAGEMENT WITH OTHER

16 BUSINESS OR EMPLOYMENT DURING SERVICE.—A 

17 member of the Commission shall not engage in any 

18 other business, vocation, or employment. Any indi19 vidual who is engaging in any other business, voca20 tion, or employment at the time of his or her ap21 pointment to the Commission shall terminate or liq22 uidate such activity not later than 90 days after 

23 such appointment. 


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1 ‘‘(d) REMOVAL.—A member of the Administration 

2 may be removed by the President only for inefficiency, ne3 glect of duty, or malfeasance in office. 

4 ‘‘SEC. 353. STAFF DIRECTOR. 

5 ‘‘(a) IN GENERAL.—There shall be in the Adminis6 tration a staff director. 

7 ‘‘(b) RESPONSIBILITIES.—The staff director— 

8 ‘‘(1) shall assist the Administration in its ad9 ministration and operations; 

10 ‘‘(2) shall perform such responsibilities as the 

11 Administration shall prescribe; and 

12 ‘‘(3) may, with the approval of the Chair— 

13 ‘‘(A) appoint and fix the pay of such addi14 tional personnel as the staff director considers 

15 appropriate without regard to the provisions of 

16 title 5, United States Code, governing appoint17 ments in the competitive service; and 

18 ‘‘(B) procure temporary and intermittent 

19 services to the same extent as is authorized by 

20 section 3109(b) of title 5, United States Code, 

21 but at rates for individuals not to exceed the 

22 daily equivalent of the annual rate of basic pay 

23 in effect for grade GS–15 of the General Sched24 ule (5 U.S.C. 5332). 


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1 ‘‘(c) APPOINTMENT.—The staff director shall be ap2 pointed by the Chair, after consultation with the other 

3 members of the Administration. 

4 ‘‘(d) OTHER ACTIVITIES.—An individual may not en5 gage in any other business, vocation, or employment while 

6 serving as the staff director. 

7 ‘‘SEC. 354. GENERAL COUNSEL. 

8 ‘‘(a) IN GENERAL.—There shall be in the Adminis9 tration a general counsel. 

10 ‘‘(b) RESPONSIBILITIES.—The general counsel 

11 shall— 

12 ‘‘(1) serve as the chief legal officer of the Ad13 ministration; 

14 ‘‘(2) provide legal assistance to the Administra15 tion concerning its programs and policies; 

16 ‘‘(3) advise and assist the Administration in 

17 carrying out its responsibilities under section 361; 

18 and 

19 ‘‘(4) represent the Administration in any pro20 ceeding in court or before an administrative law 

21 judge. 

22 ‘‘(c) APPOINTMENT.—The general counsel shall be 

23 appointed by the Chair, subject to approval by majority 

24 vote of the members of the Administration. 


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1 ‘‘SEC. 355. INSPECTOR GENERAL. 

2 ‘‘There shall be in the Administration an inspector 

3 general. The inspector general and the office of inspector 

4 general shall be subject to the Inspector General Act of 

5 1978 (5 U.S.C. App.). 

6 ‘‘CHAPTER 2—OPERATION OF THE 

7 FEDERAL ELECTION ADMINISTRATION 

8 ‘‘SEC. 361. POWERS OF THE CHAIR AND ADMINISTRATION. 

9 ‘‘(a) CHAIR.— 

10 ‘‘(1) IN GENERAL.—The Chair shall be the 

11 chief administrative officer of the Administration 

12 with the authority to administer the Administration 

13 and shall, after consultation with the other members 

14 of the Administration, have the power to appoint or 

15 remove the staff director and to establish the budget 

16 of the Administration. 

17 ‘‘(2) OTHER POWERS.—The Chair has the 

18 power— 

19 ‘‘(A) to the fullest extent practicable, to re20 quest the assistance of other agencies and de21 partments of the United States, including the 

22 personnel and facilities of such agencies and de23 partments and the heads of such agencies and 

24 departments may make available to the Chair 

25 such personnel, facilities, and other assistance, 

26 with or without reimbursement; 


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1 ‘‘(B) to appoint, assign, remove, and com2 pensate administrative law judges in accordance 

3 with title 5, United States Code; 

4 ‘‘(C) to require, by special or general or5 ders, any person to submit, under oath, such 

6 written reports and answers to questions as the 

7 Chair may prescribe; 

8 ‘‘(D) to administer oaths or affirmations; 

9 ‘‘(E) to issue and enforce subpoenas in ac10 cordance with section 364; 

11 ‘‘(F) in any proceeding or investigation, to 

12 order testimony to be taken by deposition be13 fore any person who is designated by the Chair 

14 and has the power to administer oaths and, in 

15 such instances, to compel testimony and the 

16 production of evidence in the same manner as 

17 authorized under subparagraph (E); 

18 ‘‘(G) to pay witnesses fees and mileage in 

19 accordance with section 364(d); and 

20 ‘‘(H) to make independent budget requests 

21 to Congress in accordance with section 362. 

22 ‘‘(b) ADMINISTRATION.—The Administration shall 

23 have the power— 

24 ‘‘(1) to initiate, defend, or appeal, through the 

25 general counsel, any civil action in the name of the 


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1 Administration to enforce the provisions of this Act 

2 and chapters 95 and 96 of the Internal Revenue 

3 Code of 1986; 

4 ‘‘(2) to assess civil penalties for violations of 

5 this Act and chapters 95 and 96 of the Internal 

6 Revenue Code of 1986; 

7 ‘‘(3) to issue cease-and-desist orders to prevent 

8 violations of this Act and chapters 95 and 96 of the 

9 Internal Revenue Code of 1986; 

10 ‘‘(4) to establish procedures and schedules for 

11 agency adjudication that ensure timely enforcement 

12 of this Act and chapters 95 and 96 of the Internal 

13 Revenue Code of 1986; 

14 ‘‘(5) to render advisory opinions under section 

15 363; 

16 ‘‘(6) to develop prescribed forms, and to make, 

17 amend, and repeal rules, pursuant to section 365; 

18 ‘‘(7) to establish procedures for alternative dis19 pute resolution of violations of this Act or of chapter 

20 95 or 96 of the Internal Revenue Code of 1986; 

21 ‘‘(8) to conduct investigations and hearings ex22 peditiously, to encourage voluntary compliance, and 

23 to report apparent violations to the appropriate law 

24 enforcement authorities; and 


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1 ‘‘(9) to transmit to the President and to Con2 gress not later than June 1 of each year, a report 

3 which states in detail the activities of the Adminis4 tration in carrying out its duties under this Act, and 

5 which includes any recommendations for any legisla6 tive or other action the Administration considers ap7 propriate. 

8 ‘‘SEC. 362. INDEPENDENT BUDGET REQUESTS AND LEGIS9 LATIVE PROPOSALS. 

10 ‘‘(a) EXEMPTION FROM OMB OVERSIGHT.—When11 ever the Chair submits any budget estimate or request to 

12 the President or the Office of Management and Budget, 

13 the Chair shall concurrently transmit a copy of such esti14 mate or request to Congress. 

15 ‘‘(b) AUTHORITY TO MAKE INDEPENDENT LEGISLA16 TIVE RECOMMENDATIONS.—Whenever the Administration 

17 submits any legislative recommendation, testimony, or 

18 comments on legislation requested by Congress or by any 

19 Member of Congress, to the President or the Office of 

20 Management and Budget, the Administration shall con21 currently transmit a copy thereof to Congress or to the 

22 Member requesting the same. No officer or agency of the 

23 United States shall have any authority to require the Ad24 ministration to submit its legislative recommendations, 

25 testimony, or comments on legislation, to any office or 


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1 agency of the United States for approval, comments, or 

2 review, prior to the submission of such recommendations, 

3 testimony, or comments to Congress. 

4 ‘‘SEC. 363. ADVISORY OPINIONS. 

5 ‘‘(a) REQUESTS FOR ADVISORY OPINIONS.— 

6 ‘‘(1) IN GENERAL.—Not later than 60 days 

7 after the Administration receives from a person a 

8 complete written request concerning the application 

9 of this Act, chapter 95 or 96 of the Internal Rev10 enue Code of 1986, or a rule or regulation pre11 scribed by the Administration, with respect to a spe12 cific transaction or activity by the person, the Ad13 ministration shall render a written advisory opinion 

14 relating to such transaction or activity to the person. 

15 ‘‘(2) REQUESTS BY CANDIDATES.—If an advi16 sory opinion is requested by a candidate, or any au17 thorized committee of such candidate, during the 60- 

18 day period before any election for Federal office in19 volving the requesting party, the Administration 

20 shall render a written advisory opinion relating to 

21 such request not later than 20 days after the Ad22 ministration receives a complete written request. 

23 ‘‘(b) RULEMAKING REQUIRED.—Any rule of law 

24 which is not stated in this Act or in chapter 95 or 96 

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1 posed by the Administration only as a rule or regulation 

2 pursuant to procedures established in section 365. No 

3 opinion of an advisory nature may be issued by the Admin4 istration or any other officer or employee of the Adminis5 tration except in accordance with the provisions of this 

6 section. 

7 ‘‘(c) RELIANCE ON ADVISORY OPINIONS.— 

8 ‘‘(1) IN GENERAL.—Any advisory opinion ren9 dered by the Administration under subsection (a) 

10 may be relied upon by— 

11 ‘‘(A) any person involved in the specific 

12 transaction or activity with respect to which 

13 such advisory opinion is rendered; and 

14 ‘‘(B) any person involved in any specific 

15 transaction or activity which is indistinguish16 able in all its material aspects from the trans17 action or activity with respect to which such ad18 visory opinion is rendered. 

19 ‘‘(2) PROTECTION FROM LIABILITY.—Notwith20 standing any other provisions of law, any person 

21 who relies upon any provision or finding of an advi22 sory opinion in accordance with the provisions of 

23 paragraph (1) and who acts in good faith in accord24 ance with the provisions and findings of such advi25 sory opinion shall not, as a result of any such act, 


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1 be subject to any sanction provided by this Act or 

2 by chapter 95 or 96 of the Internal Revenue Code 

3 of 1986. 

4 ‘‘(d) NOTICE AND COMMENT.— 

5 ‘‘(1) PUBLICATION OF REQUESTS.—The Admin6 istration shall make public any request made under 

7 subsection (a) for an advisory opinion. 

8 ‘‘(2) OPPORTUNITY TO COMMENT.— 

9 ‘‘(A) WRITTEN COMMENTS.—Before ren10 dering an advisory opinion, the Administration 

11 shall accept written comments submitted by any 

12 interested party within the 10-day period fol13 lowing the date on which the request is made 

14 public. 

15 ‘‘(B) TESTIMONY.—To the extent that the 

16 Commission provides an opportunity for a per17 son requesting an advisory opinion under this 

18 section (or counsel for such person) to appear 

19 before the Commission to present testimony in 

20 support of the request, and the person (or coun21 sel) accepts such opportunity, the Commission 

22 shall provide a reasonable opportunity for an 

23 interested party who submitted written com24 ments under subparagraph (A) in response to 

25 the request (or counsel for such interested 


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1 party) to appear before the Commission to 

2 present testimony in response to the request. 

3 ‘‘(e) JUDICIAL REVIEW.— 

4 ‘‘(1) IN GENERAL.—Any person adversely af5 fected by an advisory opinion rendered by the Ad6 ministration may obtain judicial review of such advi7 sory opinion by filing a petition in the United States 

8 Court of Appeals for the District of Columbia Cir9 cuit. 

10 ‘‘(2) SCOPE OF REVIEW.—For purposes of con11 ducting the judicial review described in paragraph 

12 (1), the provisions of section 706 of title 5, United 

13 States Code, shall apply. 

14 ‘‘SEC. 364. ISSUANCE AND ENFORCEMENT OF SUBPOENAS. 

15 ‘‘(a) ISSUANCE BY THE CHAIR.—If the Administra16 tion is conducting an investigation pursuant to section 371 

17 or 372, the Chair shall, on behalf of the Administration, 

18 have the power to require by subpoena the attendance and 

19 testimony of witnesses and the production of all documen20 tary evidence relating to the execution of the Administra21 tion’s duties. 

22 ‘‘(b) ISSUANCE BY AN ADMINISTRATIVE LAW

23 JUDGE.—Any administrative law judge presiding over an 

24 enforcement action pursuant to section 373 shall have the 

25 power to require by subpoena the attendance and testiVerDate Sep 11 2014 02:56 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880

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1 mony of witnesses and the production of all documentary 

2 evidence relating to the administrative law judge’s duties. 

3 ‘‘(c) ISSUANCE AND ENFORCEMENT OF SUB4 POENAS.— 

5 ‘‘(1) ISSUANCE.—Subpoenas issued under sub6 section (a) or (b) shall bear the signature of the 

7 Chair or an administrative law judge, respectively, 

8 and shall be served by any person or class of persons 

9 designated by the Chair or administrative law judge 

10 for that purpose. 

11 ‘‘(2) ENFORCEMENT.—In the case of contu12 macy or failure to obey a subpoena issued under 

13 subsection (a) or (b), the Federal district court for 

14 the judicial district in which the subpoenaed person 

15 resides, is served, or may be found may issue an 

16 order requiring such person to appear at any des17 ignated place to testify or to produce documentary 

18 or other evidence. Any failure to obey the order of 

19 the court may be punished by the court as a con20 tempt of that court. 

21 ‘‘(d) WITNESS ALLOWANCES AND FEES.—Section 

22 1821 of title 28, United States Code, shall apply to wit23 nesses requested or subpoenaed to appear at any hearing 

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1 ances for witnesses shall be paid from funds available to 

2 pay the expenses of the Administration. 

3 ‘‘(e) JURISDICTION.—Subpoenas for witnesses who 

4 are required to attend a Federal district court may run 

5 into any other district. 

6 ‘‘SEC. 365. RULEMAKING AUTHORITY. 

7 ‘‘(a) IN GENERAL.—The Administration may, pursu8 ant to the provisions of chapter 5 of title 5, United States 

9 Code, prescribe such rules and regulations as the Adminis10 tration deems necessary to carry out the provisions of this 

11 Act and chapters 95 and 96 of the Internal Revenue Code 

12 of 1986, including the authority to promulgate rules of 

13 practice and procedure for agency adjudications. 

14 ‘‘(b) AUTHORITY TO PROMULGATE INDEPENDENT

15 REGULATIONS.—Whenever the Administration promul16 gates any regulation, it shall not be required to submit 

17 such regulation for review or approval to the President 

18 or the Office of Management and Budget. 

19 ‘‘(c) CONDUCT OF ACTIVITIES.—The Administration 

20 shall prepare written rules for the conduct of its activities, 

21 including procedures for the conduct of enforcement ac22 tions under sections 371, 372, and 373. 

23 ‘‘(d) FORMS.— 

24 ‘‘(1) IN GENERAL.—The Administration shall 

25 prescribe forms necessary to implement this Act and 


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1 chapters 95 and 96 of the Internal Revenue Code of 

2 1986. 

3 ‘‘(2) PUBLIC PROTECTION.—Any forms pre4 scribed by the Administration under paragraph (1), 

5 and any information-gathering activities of the Ad6 ministration under this Act, shall not be subject to 

7 the provisions of section 3512 of title 44, United 

8 States Code. 

9 ‘‘(e) RELIANCE UPON RULES AND REGULATIONS.— 

10 Notwithstanding any other provision of law, any person 

11 who relies upon any rule or regulation prescribed by the 

12 Administration in accordance with the provisions of this 

13 section and who acts in good faith in accordance with such 

14 rule or regulation shall not, as a result of such act, be 

15 subject to any sanction provided by this Act or by chapter 

16 95 or 96 of the Internal Revenue Code of 1986. 

17 ‘‘(f) CONSULTATION WITH IRS.—In prescribing 

18 rules, regulations, and forms under this section, the Ad19 ministration and the Secretary of the Treasury shall con20 sult and work together to promulgate rules, regulations, 

21 and forms which are mutually consistent. The Administra22 tion shall report to Congress annually on the steps it has 

23 taken to comply with this subsection. 

24 ‘‘(g) JUDICIAL REVIEW.— 


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1 ‘‘(1) IN GENERAL.—Any person adversely af2 fected by a rule, regulation, or form promulgated by 

3 the Administration may obtain judicial review of 

4 such rule, regulation, or form by filing a petition in 

5 the United States Court of Appeals for the District 

6 of Columbia Circuit. 

7 ‘‘(2) SCOPE OF REVIEW.—For purposes of con8 ducting the judicial review described in paragraph 

9 (1), the provisions of section 706 of title 5, United 

10 States Code, shall apply. 

11 ‘‘(h) RULE AND REGULATION DEFINED.—In this 

12 Act, the terms ‘rule’ and ‘regulation’ mean a provision or 

13 series of interrelated provisions stating a single, separable 

14 rule of law. 

15 ‘‘SEC. 366. LITIGATION AUTHORITY. 

16 ‘‘(a) IN GENERAL.—Notwithstanding sections 516 

17 and 518 of title 28, United States Code, and section 3106 

18 of title 5, United States Code, the Administration is au19 thorized to bring, appear in, defend against, and appeal 

20 any action instituted under this Act or chapter 95 or 96 

21 of the Internal Revenue Code of 1986, in any court ei22 ther— 

23 ‘‘(1) by attorneys employed by the Administra24 tion; or 


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1 ‘‘(2) by counsel whom it may appoint, on a tem2 porary basis as may be necessary for such purpose, 

3 without regard to the provisions of title 5, United 

4 States Code, governing appointments in the competi5 tive service, and whose compensation it may fix 

6 without regard to the provisions of chapter 51 and 

7 subchapter III of chapter 53 of such title. 

8 ‘‘(b) COMPENSATION OF APPOINTED COUNSEL.— 

9 The compensation of counsel appointed on a temporary 

10 basis under subsection (a)(2) shall be paid out of any 

11 funds otherwise available to pay the compensation of em12 ployees of the Administration. 

13 ‘‘(c) INDEPENDENCE FROM ATTORNEY GENERAL.— 

14 In pursuing an action under this section, the Administra15 tion may act independently of the Attorney General. 

16 ‘‘SEC. 367. AVAILABILITY OF REPORTS. 

17 ‘‘(a) IN GENERAL.—The Administration shall— 

18 ‘‘(1) prepare, publish, and furnish to all persons 

19 required to file reports and statements under this 

20 Act a manual recommending uniform methods of 

21 bookkeeping and reporting; 

22 ‘‘(2) develop a filing, coding, and cross-indexing 

23 system consistent with the purposes of this Act; 

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1 ments filed with the Administration, make them 

2 available for public inspection, and copying, at the 

3 expense of the person requesting such copying, ex4 cept that any information copied from such reports 

5 or statements may not be sold or used by any person 

6 for the purpose of soliciting contributions or for 

7 commercial purposes, other than using the name and 

8 address of any political committee to solicit contribu9 tions from such committee; 

10 ‘‘(4) keep such designations, reports, and state11 ments for a period of 10 years from the date of re12 ceipt and maintain computerized records of such 

13 designations, reports, and statements thereafter; 

14 ‘‘(5)(A) compile and maintain a cumulative 

15 index of designations, reports, and statements filed 

16 under this Act, publish the index at regular inter17 vals, and make the index available for purchase di18 rectly or by mail; 

19 ‘‘(B) compile, maintain, and revise a separate 

20 cumulative index of reports and statements filed by 

21 multicandidate committees, including in such index a 

22 list of multicandidate committees; and 

23 ‘‘(C) compile and maintain a list of multi24 candidate committees, which shall be revised and 

25 made available monthly; 


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1 ‘‘(6) prepare and publish periodically lists of 

2 authorized committees which fail to file reports as 

3 required by this Act; and 

4 ‘‘(7) serve as a national clearinghouse for the 

5 compilation of information and review of procedures 

6 with respect to the administration of Federal elec7 tions. 

8 ‘‘(b) PSEUDONYMS.—For purposes of subsection 

9 (a)(3), a political committee may submit 10 pseudonyms 

10 on each report filed in order to protect against the illegal 

11 use of names and addresses of contributors, but only if 

12 such committee attaches a list of such pseudonyms to the 

13 appropriate report. The Administration shall exclude these 

14 lists from the public record. 

15 ‘‘(c) CONTRACTS.—The Administration may enter 

16 into contracts for the purpose of performing the duties 

17 described in subsection (a). 

18 ‘‘(d) AVAILABILITY OF REPORTS.—Reports or other 

19 information described in subsection (a) shall be available 

20 to the public, except that— 

21 ‘‘(1) copies shall be made available without cost, 

22 upon request, to agencies and branches of the Fed23 eral Government; and 

24 ‘‘(2) information made available as a result of 

25 the application of paragraph (7) of such subsection 


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1 shall be made available to the public only upon the 

2 payment of the cost thereof. 

3 ‘‘SEC. 368. AUDITS AND FIELD EXAMINATIONS. 

4 ‘‘(a) IN GENERAL.—The Administration may, in ac5 cordance with the provisions of this section, conduct audits 

6 and field investigations of any political committee required 

7 to file a report under section 304. 

8 ‘‘(b) PRIORITY.—All audits and field investigations 

9 concerning the verification for, and receipt and use of, any 

10 payments received by a candidate or committee under 

11 chapter 95 or 96 of the Internal Revenue Code of 1986 

12 shall be given priority. 

13 ‘‘(c) AUDITS AND FIELD EXAMINATIONS WHERE

14 THRESHOLDS NOT MET.— 

15 ‘‘(1) INTERNAL REVIEW.—The Administration 

16 shall conduct an internal review of reports filed by 

17 selected committees to determine if the reports filed 

18 by a particular committee meet the threshold re19 quirements for substantial compliance with the Act. 

20 Such thresholds for compliance shall be established 

21 by the Administration. 

22 ‘‘(2) AUDITS AND FIELD EXAMINATIONS.—The 

23 Administration may vote to conduct an audit and 

24 field investigation of any committee which it deter25 mines under paragraph (1) does not meet the 


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1 threshold requirements established by the Adminis2 tration. Such audits shall be commenced within 30 

3 days of such vote, except that any audit under the 

4 provisions of this subsection of an authorized com5 mittee of a candidate shall be commenced within 6 

6 months of the election for which such committee is 

7 authorized. 

8 ‘‘(d) RANDOM AUDITS.— 

9 ‘‘(1) IN GENERAL.—In addition to any audits 

10 conducted under subsection (c), the Administration 

11 may, subject to paragraph (2), conduct audits of any 

12 committee selected at random to ensure compliance 

13 with this Act. The selection of any committee under 

14 this paragraph shall be based on standards and pro15 cedures adopted by the Administration, except that 

16 in any calendar year such audits may be initiated 

17 against no more than 3 percent of all authorized 

18 candidate campaign committees. 

19 ‘‘(2) APPLICABLE RULES.— 

20 ‘‘(A) IN GENERAL.—If the Administration 

21 selects a committee for audit under paragraph 

22 (1), the Administration shall promptly notify 

23 the committee of the selection and commence 

24 the audit within 30 days of the selection. 


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1 ‘‘(B) SPECIAL RULES FOR AUTHORIZED

2 COMMITTEES.—If the committee selected under 

3 paragraph (1) is an authorized committee of a 

4 candidate, the audit— 

5 ‘‘(i) shall be commenced and actively 

6 undertaken within 6 months of the election 

7 for which the committee is authorized; and 

8 ‘‘(ii) may examine compliance with 

9 this Act only with respect to that election. 

10 ‘‘(3) EXCEPTION.—This subsection shall not 

11 apply to an authorized committee of a candidate for 

12 President or Vice President subject to audit under 

13 section 9007 or 9038 of the Internal Revenue Code 

14 of 1986. 

15 ‘‘SEC. 369. CONGRESSIONAL OVERSIGHT. 

16 ‘‘Nothing in this Act shall be construed to limit, re17 strict, or diminish any investigatory, informational, over18 sight, supervisory, or disciplinary authority or function of 

19 Congress or any committee of Congress with respect to 

20 elections for Federal office. 

21 ‘‘CHAPTER 3—ENFORCEMENT 

22 ‘‘SEC. 371. INITIATION OF ENFORCEMENT ACTIONS BY AD23 MINISTRATION. 

24 ‘‘(a) IN GENERAL.—The Administration may initiate 

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1 ducting an investigation, the Administration finds reason2 able grounds to believe that a violation of this Act or of 

3 chapter 95 or 96 of the Internal Revenue Code of 1986 

4 has occurred or is about to occur. 

5 ‘‘(b) BASIS FOR FINDINGS.—The Administration 

6 may make a finding under subsection (a) based on any 

7 information available to the Administration, including the 

8 filing of a complaint under section 372. 

9 ‘‘(c) NOTICE AND OPPORTUNITY TO DEMONSTRATE

10 NO VIOLATION.—Prior to initiating an enforcement action 

11 under subsection (a), the Administration shall give any 

12 person under investigation notice and the opportunity to 

13 demonstrate that there are no reasonable grounds to be14 lieve a violation has occurred or is about to occur, but the 

15 Administration’s decision on such matter shall not be sub16 ject to judicial review. 

17 ‘‘SEC. 372. COMPLAINT TO INITIATE ENFORCEMENT AC18 TION. 

19 ‘‘(a) FILING OF COMPLAINT.— 

20 ‘‘(1) IN GENERAL.—Any person may file a com21 plaint with the Administration alleging a violation of 

22 this Act or of chapter 95 or 96 of the Internal Rev23 enue Code of 1986. 

24 ‘‘(2) TECHNICAL REQUIREMENTS.—A complaint 

25 filed under paragraph (1) shall be— 


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1 ‘‘(A) in writing, signed, and sworn to by 

2 the person filing such complaint; 

3 ‘‘(B) notarized; and 

4 ‘‘(C) made under penalty of perjury and 

5 subject to the provisions of section 1001 of title 

6 18, United States Code. 

7 ‘‘(3) ACTION BY THE ADMINISTRATION.—Sub8 ject to paragraph (4), based on the allegations in a 

9 complaint filed under paragraph (1), and such inves10 tigations the Administration deems necessary and 

11 appropriate, the Administration may— 

12 ‘‘(A) initiate a civil enforcement action 

13 under section 373 if the Administration finds 

14 reasonable grounds to believe a violation has oc15 curred or is about to occur; or 

16 ‘‘(B) dismiss the complaint. 

17 ‘‘(4) PROHIBITION OF ANONYMOUS COM18 PLAINTS.—The Commission may not conduct any 

19 investigation or take any other action under this sec20 tion solely on the basis of a complaint of a person 

21 whose identity is not disclosed to the Administration. 

22 ‘‘(5) RECOVERY OF COSTS.—Any person who 

23 has filed a complaint under paragraph (1) shall be 

24 entitled to recover from the Administration up to 

25 $1,000 of the costs incurred in preparing and filing 


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1 the complaint if, based on the complaint, the Admin2 istration— 

3 ‘‘(A) makes a finding under section 373(a) 

4 that a person has violated (or is about to vio5 late) the Act; or 

6 ‘‘(B) enters into a conciliation agreement 

7 with a person under section 373(c). 

8 ‘‘(b) NOTICE AND OPPORTUNITY TO DEMONSTRATE

9 NO VIOLATION.—Prior to initiating an enforcement action 

10 under subsection (a)(3)(A), the Administration shall give 

11 any person named in a complaint notice and an oppor12 tunity to demonstrate that there are no reasonable 

13 grounds to believe a violation described in such subsection 

14 has occurred or is about to occur, but the Administration’s 

15 determination under subsection (a)(3) shall not be subject 

16 to judicial review in an action brought by such person. 

17 ‘‘(c) FAILURE BY THE ADMINISTRATION TO TAKE

18 TIMELY ACTION.— 

19 ‘‘(1) IN GENERAL.—If the Administration— 

20 ‘‘(A) dismisses a complaint filed under 

21 subsection (a); or 

22 ‘‘(B) fails to initiate a civil enforcement ac23 tion under section 373 within 180 days of the 

24 filing of such a complaint, the person filing the 

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1 cial review of the Administration’s dismissal, or 

2 failure to act, in Federal district court in the 

3 District of Columbia or in the district in which 

4 such person resides. 

5 ‘‘(2) SCOPE OF REVIEW.—The court shall re6 view the Administration’s dismissal of the complaint 

7 or failure to act in accordance with the provisions of 

8 section 706 of title 5, United States Code. 

9 ‘‘(3) COURT ORDERS.—The court may order 

10 the Administration to initiate an enforcement action 

11 or to conduct a further investigation of the com12 plaint within a time set by the court. 

13 ‘‘SEC. 373. CIVIL ENFORCEMENT ACTIONS. 

14 ‘‘(a) IN GENERAL.—The Administration shall have 

15 the authority to impose a civil monetary penalty under sec16 tion 375, issue a cease-and-desist order under section 376, 

17 or do both, if the Administration finds, by an order made 

18 on the record after notice and an opportunity for hearing 

19 before an administrative law judge pursuant to subchapter 

20 II of chapter 5 of title 5, United States Code, that a per21 son has violated (or, in the case of a cease-and-desist 

22 order, has violated or is about to violate) this Act or chap23 ter 95 or 96 of the Internal Revenue Code of 1986. The 

24 general counsel shall represent the Administration in any 

25 proceeding before an administrative law judge. 


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1 ‘‘(b) NOTICE AND REQUEST FOR HEARING.— 

2 ‘‘(1) NOTICE.—If the Administration finds 

3 under section 371 or 372 that there are reasonable 

4 grounds to believe a violation has occurred or is 

5 about to occur, the Administration shall serve writ6 ten notice of the charges on each respondent, and 

7 shall conduct such further investigation as the Ad8 ministration deems necessary and appropriate. 

9 ‘‘(2) REQUEST FOR HEARING.—Each respond10 ent shall have an opportunity to request, prior to the 

11 date that is 30 days after the date on which the no12 tice is received, a hearing on the charges before an 

13 administrative law judge. 

14 ‘‘(3) EFFECT OF FAILURE TO REQUEST A

15 HEARING.—If no hearing is requested, the Adminis16 tration shall make a finding on the charges, and 

17 shall issue whatever relief the Administration deems 

18 appropriate under sections 375 and 376. 

19 ‘‘(c) CONCILIATION.— 

20 ‘‘(1) PROCEDURES FOR ENTERING INTO CON21 CILIATION AGREEMENTS.— 

22 ‘‘(A) IN GENERAL.—If the respondent re23 quests a hearing under subsection (b)(2), the 

24 Administration shall attempt, for a period that 

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1 ing is requested within 60 days of an election), 

2 to correct or prevent such violation by informal 

3 methods of conference, conciliation, and persua4 sion, and to enter into a conciliation agreement 

5 with the respondent. In the case of a hearing 

6 that is requested at a time other than within 60 

7 days of an election, the period for conciliation 

8 shall not be less than 30 days unless an agree9 ment is reached before then. 

10 ‘‘(B) INCLUSION OF CIVIL MONETARY PEN11 ALTIES.—A conciliation agreement may include 

12 a requirement that the person involved in such 

13 conciliation shall pay a civil monetary penalty 

14 that does not exceed the amounts set forth in 

15 subsection (a) of section 375 or, in the case of 

16 a knowing and willful violation, the amounts set 

17 forth in subsection (b) of such section. The con18 ciliation agreement may also include the re19 quirement that the person involved consent to 

20 the terms of a cease-and-desist order, as pro21 vided in section 376. 

22 ‘‘(C) REPRESENTATION BY GENERAL

23 COUNSEL.—The general counsel shall represent 

24 the Administration in any negotiations for a 

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1 tion agreement shall be subject to the approval 

2 of the Administration. 

3 ‘‘(D) BAR TO FURTHER ACTION.—A con4 ciliation agreement, unless violated, is a com5 plete bar to any further action by the Adminis6 tration. 

7 ‘‘(2) CONFIDENTIALITY.—No action by the Ad8 ministration or any other person, and no informa9 tion derived in connection with any conciliation at10 tempt by the Administration may be made public by 

11 the Administration, without the written consent of 

12 the respondent, except that if a conciliation agree13 ment is agreed upon and signed by the Administra14 tion and the respondent, the Administration shall 

15 make such agreement public. 

16 ‘‘(3) VIOLATION OF CONCILIATION AGREE17 MENT.—In any case in which a person has entered 

18 into a conciliation agreement with the Administra19 tion under paragraph (1), the Administration may 

20 institute a civil action for relief if the Administration 

21 believes the person has violated any provision of 

22 such conciliation agreement. Such civil action shall 

23 be brought in the Federal district court for the dis24 trict in which the respondent resides or has its prin25 cipal place of business, or for the District of ColumVerDate Sep 11 2014 02:56 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880

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1 bia. Such court shall have jurisdiction to issue any 

2 relief appropriate under sections 375 and 376. For 

3 the Administration to obtain relief in any such ac4 tion, the Administration need only establish that the 

5 person has violated, in whole or in part, any require6 ment of such conciliation agreement. 

7 ‘‘(d) HEARING.—At the request of any respondent, 

8 a hearing on the charges served under subsection (b)(1) 

9 shall be conducted before an administrative law judge, who 

10 shall make such findings of fact and conclusions of law 

11 as the administrative law judge deems appropriate. The 

12 administrative law judge shall also have the authority to 

13 impose a civil monetary penalty on the respondent, issue 

14 a cease-and-desist order, or both. The decision of the ad15 ministrative law judge shall constitute final agency action 

16 unless an appeal is taken under subsection (e). 

17 ‘‘(e) APPEAL TO ADMINISTRATION.— 

18 ‘‘(1) RIGHT TO APPEAL.—The general counsel 

19 and each respondent shall each have a right to ap20 peal to the Administration from any final determina21 tion made by an administrative law judge. 

22 ‘‘(2) REVIEW OF ALJ DETERMINATIONS.—In 

23 the event of an appeal under paragraph (1), the Ad24 ministration shall review the determination of the 

25 administrative law judge to determine whether— 


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1 ‘‘(A) a finding of material fact is not sup2 ported by substantial evidence; 

3 ‘‘(B) a conclusion of law is erroneous; 

4 ‘‘(C) the determination of the administra5 tive law judge is contrary to law or to the duly 

6 promulgated rules or decisions of the Adminis7 tration; 

8 ‘‘(D) a prejudicial error of procedure was 

9 committed; or 

10 ‘‘(E) the decision or the relief ordered is 

11 otherwise arbitrary, capricious, or an abuse of 

12 discretion. 

13 ‘‘(3) FINAL AGENCY ACTION.—The decision of 

14 the Administration shall constitute final agency ac15 tion. 

16 ‘‘(f) JUDICIAL REVIEW.— 

17 ‘‘(1) IN GENERAL.—Any party aggrieved by a 

18 final agency action and who has exhausted all ad19 ministrative remedies, including requesting a hearing 

20 before an administrative law judge and appealing an 

21 adverse decision of an administrative law judge to 

22 the Administration, may obtain judicial review of 

23 such action in the United States Court of Appeals 

24 for any circuit wherein such person resides or has its 

25 principal place of business, or in the United States 


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1 Court of Appeals for the District of Columbia Cir2 cuit. 

3 ‘‘(2) SCOPE OF REVIEW.—For purposes of con4 ducting the judicial review described in paragraph 

5 (1), the provisions of section 706 of title 5, United 

6 States Code, shall apply. 

7 ‘‘(3) PETITION FOR JUDICIAL REVIEW.—To ob8 tain judicial review under paragraph (1), an ag9 grieved party described in such paragraph shall file 

10 a petition with the court during the 30-day period 

11 beginning on the date on which the order was 

12 issued. A copy of such petition shall be transmitted 

13 forthwith by the clerk of the court to the Adminis14 tration, and thereupon the Administration shall file 

15 in the court the record upon which the order com16 plained of was entered, as provided in section 2112 

17 of title 28, United States Code. 

18 ‘‘SEC. 374. NOTIFICATION OF NONFILERS. 

19 ‘‘(a) NOTIFICATION.—Before taking any action under 

20 section 373 against any person who has failed to file a 

21 report required under section 304(a)(2)(A)(iii) for the cal22 endar quarter immediately preceding the election involved, 

23 or in accordance with section 304(a)(2)(A)(i), the Admin24 istration shall notify the person of such failure to file the 

25 required reports. 


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1 ‘‘(b) OPPORTUNITY FOR RESPONSE.—If a satisfac2 tory response is not received within 4 business days after 

3 the date of notification, the Administration shall, pursuant 

4 to section 367(a)(6), publish before the election the name 

5 of the person and the report or reports such person has 

6 failed to file. 

7 ‘‘SEC. 375. CIVIL MONETARY PENALTIES. 

8 ‘‘(a) IN GENERAL.—Any person who violates this 

9 Act, or chapter 95 or 96 of the Internal Revenue Code 

10 of 1986, shall be liable to the United States for a civil 

11 monetary penalty for each violation which does not exceed 

12 the greater of $5,000 or an amount equal to any contribu13 tion or expenditure involved in such violation. Such pen14 alty shall be imposed by the Administration pursuant to 

15 section 373. 

16 ‘‘(b) KNOWING AND WILLFUL VIOLATIONS.—Any 

17 person who commits a knowing and willful violation of this 

18 Act, or of chapter 95 or 96 of the Internal Revenue Code 

19 of 1986, shall be liable to the United States for a civil 

20 monetary penalty for each violation which does not exceed 

21 the greater of $10,000 or an amount equal to 200 percent 

22 of any contribution or expenditure involved in such viola23 tion (or, in the case of a violation of section 320, which 

24 is not less than 300 percent of the amount involved in 

25 the violation and is not more than the greater of $50,000 


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1 or 1,000 percent of the amount involved in the violation). 

2 Such penalty shall be imposed by the Administration pur3 suant to section 373. 

4 ‘‘(c) DETERMINATION OF CIVIL MONETARY PEN5 ALTY.—In determining the amount of a civil monetary 

6 penalty under this section with respect to a violation de7 scribed in this section, the Administration or an adminis8 trative law judge shall take into account the nature, cir9 cumstances, extent, and gravity of the violation and, with 

10 respect to the violator, any prior violation, the degree of 

11 culpability, and such other matters as justice may require. 

12 ‘‘(d) REFERRAL TO ATTORNEY GENERAL.— 

13 ‘‘(1) IN GENERAL.—If the Administration de14 termines that a knowing and willful violation of this 

15 Act which is subject to section 379, or a knowing 

16 and willful violation of chapter 95 or 96 of the Inter17 nal Revenue Code of 1986, has occurred or is about 

18 to occur, the Administration may refer such appar19 ent violation to the Attorney General without regard 

20 to any limitations set forth under section 373. 

21 ‘‘(2) REPORTING BY THE ATTORNEY GEN22 ERAL.—Whenever the Administration refers an ap23 parent violation to the Attorney General, the Attor24 ney General shall report to the Administration any 

25 action taken by the Attorney General regarding the 


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1 apparent violation. Each report shall be transmitted 

2 within 60 days after the date the Administration re3 fers an apparent violation, and every 30 days there4 after until the final disposition of the apparent viola5 tion. 

6 ‘‘SEC. 376. CEASE-AND-DESIST ORDERS. 

7 ‘‘(a) IN GENERAL.—If the Administration finds, 

8 after notice and opportunity for hearing under section 

9 373, that any person is violating, has violated, or is about 

10 to violate any provision of this Act, or chapter 95 or 96 

11 of the Internal Revenue Code of 1986, or any rule or regu12 lation thereunder, the Administration may publish any 

13 findings and enter an order requiring such person, or any 

14 other person that is, was, or would be a cause of the viola15 tion due to an act or omission the person knew or should 

16 have known would contribute to such violation, to cease 

17 and desist from committing or causing such violation and 

18 any future violation of the same provision, rule, or regula19 tion. Such order may, in addition to requiring a person 

20 to cease and desist from committing or causing a violation, 

21 require such person to comply (or to take steps to effect 

22 compliance) with such provision, rule, or regulation, upon 

23 such terms and conditions and within such time as the 

24 Administration may specify in such order. 


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1 ‘‘(b) TEMPORARY ORDER.—Whenever the Adminis2 tration determines that an alleged violation or threatened 

3 violation specified in the notice initiating a civil enforce4 ment action under section 373, or the continuation there5 of, is likely to result in violation of this Act, or of chapter 

6 95 or 96 of the Internal Revenue Code of 1986, and sub7 stantial harm to the public interest, the Administration 

8 may apply to the Federal district court for the district in 

9 which the respondent resides or has its principal place of 

10 business, in which the alleged or threatened violation oc11 curred or is about to occur, or for the District of Colum12 bia, for a temporary restraining order or a preliminary 

13 injunction requiring the respondent to cease and desist 

14 from the violation or threatened violation and to take such 

15 action to prevent the violation or threatened violation. The 

16 Administration may apply for such order without regard 

17 to any limitation under section 373. 

18 ‘‘SEC. 377. COLLECTION. 

19 ‘‘If any person fails to pay an assessment of a civil 

20 penalty— 

21 ‘‘(1) after the order making the assessment has 

22 become a final order and such person has not timely 

23 filed a petition for judicial review of the order in ac24 cordance with section 373(f)(3) or if the order of the 

25 Administration is upheld after judicial review; or 


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1 ‘‘(2) after a court in an action brought under 

2 section 373(c)(3) has entered a final judgment no 

3 longer subject to appeal in favor of the Administra4 tion, 

5 the Attorney General shall recover the amount assessed 

6 (plus interest at currently prevailing rates from the date 

7 of the expiration of the 30-day period referred to in section 

8 373(f)(3) or the date of such final judgment, as the case 

9 may be) in an action brought in any appropriate district 

10 court of the United States. In such an action, the validity, 

11 amount, and appropriateness of such penalty shall not be 

12 subject to review. 

13 ‘‘SEC. 378. CONFIDENTIALITY. 

14 ‘‘(a) PRIOR TO A FINDING OF REASONABLE

15 GROUNDS.—Any proceedings conducted by the Adminis16 tration prior to a finding that there are reasonable 

17 grounds to believe a violation of the law has occurred or 

18 is about to occur, including any investigation pursuant to 

19 section 371 or pursuant to a complaint filed under section 

20 372, shall be confidential and none of the Administration’s 

21 records concerning the complaint shall be made public, ex22 cept that the person filing a complaint pursuant to section 

23 372 is permitted to make such complaint public. 

24 ‘‘(b) AFTER A FINDING OF REASONABLE

25 GROUNDS.—Except as provided in subsection (d), if the 


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1 Administration makes a finding pursuant to section 371 

2 or 372 that there are reasonable grounds to believe that 

3 a violation of law has occurred or is about to occur— 

4 ‘‘(1) the finding of the Administration as well 

5 as any complaint filed under section 372, any notice 

6 of charges, and any answer or similar documents 

7 filed with the Administration shall be made public; 

8 and 

9 ‘‘(2) all proceedings conducted before an admin10 istrative law judge under section 373, and all docu11 ments used during such proceedings, shall be made 

12 public. 

13 ‘‘(c) AFTER DISMISSAL OF A COMPLAINT OR CON14 CLUSION OF PROCEEDINGS FOLLOWING A FINDING OF

15 REASONABLE GROUNDS.—Subject to subsection (d), fol16 lowing the Administration’s dismissal of a complaint filed 

17 under section 372 or the termination of proceedings fol18 lowing a finding of reasonable grounds under section 371 

19 or 372, the Administration shall, not later than the date 

20 that is 30 days after such dismissal or termination, make 

21 public— 

22 ‘‘(1) the complaint, any notice of charges, and 

23 any answer or similar documents filed with the Ad24 ministration (unless such information has already 

25 been made public under subsection (b)(1)); 


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1 ‘‘(2) any order setting forth the Administra2 tion’s final action on the complaint; 

3 ‘‘(3) any findings made by the Administration 

4 in relation to the action; and 

5 ‘‘(4) all documentary materials and testimony 

6 constituting the record on which the Administration 

7 relied in taking its actions. 

8 Subject to subsection (d), the affirmative disclosure re9 quirement of this subsection is without prejudice to the 

10 right of any person to request and obtain records relating 

11 to an investigation under section 552 of title 5, United 

12 States Code. 

13 ‘‘(d) CONFIDENTIALITY OF RECORDS AND PRO14 CEEDINGS OTHERWISE SUBJECT TO DISCLOSURE.— 

15 ‘‘(1) IN GENERAL.—The Administration shall 

16 issue regulations providing for the protection of in17 formation the disclosure of which under subsection 

18 (b) or (c) would impair any person’s constitutionally 

19 protected right of privacy, freedom of speech, or 

20 freedom of association. The Administration shall 

21 also issue regulations addressing the application of 

22 exemptions from disclosure contained in section 552 

23 of title 5, United States Code, to records comprising 

24 the Administration’s investigative files. Such regula25 tions shall consider the need to protect any person’s 


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1 constitutionally protected rights to privacy, freedom 

2 of speech, and freedom of association, as well as the 

3 need to make information about the Administra4 tion’s activities and decisions widely accessible to the 

5 public. 

6 ‘‘(2) PETITION TO MAINTAIN CONFIDEN7 TIALITY.— 

8 ‘‘(A) IN GENERAL.—Any person who would 

9 be adversely affected by any disclosure of infor10 mation about the person made pursuant to sub11 section (b) or (c), or by the conduct in public 

12 of a hearing or other proceeding conducted pur13 suant to section 373, shall have the right to pe14 tition the Administration to maintain the con15 fidentiality of such information or such pro16 ceeding on the ground that such information 

17 falls within the scope of any exemption from 

18 disclosure contained in section 552 of title 5, 

19 United States Code, or is prohibited from dis20 closure under the Administration’s regulations, 

21 the Constitution, or any other provision of law. 

22 Upon the receipt of such petition, the Adminis23 tration shall make a prompt determination 

24 whether the information should be kept con25 fidential, and shall withhold such information 


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1 from disclosure pending this determination. The 

2 Administration shall notify the petitioner in 

3 writing of the determination. 

4 ‘‘(B) REGULATIONS.—The Administration 

5 shall prescribe regulations governing the consid6 eration of petitions under this paragraph. Such 

7 regulations shall provide for public notice of the 

8 pendancy of any petition filed under subpara9 graph (A) and the right of any interested party 

10 to respond to or comment on such petition. 

11 ‘‘(e) PENALTIES.—Any member or employee of the 

12 Administration, or any other person, who violates the pro13 visions of this section shall be fined not more than $2,000. 

14 Any such member, employee, or other person who know15 ingly and willfully violates the provisions of this section 

16 shall be fined not more than $5,000. 

17 ‘‘SEC. 379. CRIMINAL PENALTIES. 

18 ‘‘(a) KNOWING AND WILLFUL VIOLATIONS.—Any 

19 person who knowingly and willfully commits a violation of 

20 any provision of this Act that involves the making, receiv21 ing, or reporting of any contribution, donation, or expendi22 ture— 

23 ‘‘(1) aggregating $25,000 or more during a cal24 endar year shall be fined under title 18, United 


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1 States Code, or imprisoned for not more than 5 

2 years, or both; or 

3 ‘‘(2) aggregating $2,000 or more (but less than 

4 $25,000) during a calendar year shall be fined under 

5 such title, or imprisoned for not more than 1 year, 

6 or both. 

7 ‘‘(b) CONTRIBUTIONS OR EXPENDITURES BY NA8 TIONAL BANKS, CORPORATIONS, OR LABOR ORGANIZA9 TIONS.—In the case of a knowing and willful violation of 

10 section 316(b)(3), the penalties set forth in subsection (a) 

11 shall apply to each violation involving an amount aggre12 gating $250 or more during a calendar year. Such a viola13 tion of section 316(b)(3) may incorporate a violation of 

14 section 317(a), 320, or 321. 

15 ‘‘(c) FRAUDULENT MISREPRESENTATION OF CAM16 PAIGN AUTHORITY.—In the case of a knowing and willful 

17 violation of section 322, the penalties set forth in sub18 section (a) shall apply without regard to whether the mak19 ing, receiving, or reporting of a contribution or expendi20 ture of $1,000 or more is involved. 

21 ‘‘(d) PROHIBITION OF CONTRIBUTIONS IN NAME OF

22 ANOTHER.—Any person who knowingly and willfully com23 mits a violation of section 320 involving an amount aggre24 gating more than $10,000 during a calendar year shall 

25 be— 


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1 ‘‘(1) imprisoned for not more than 2 years if 

2 the amount is less than $25,000 and subject to im3 prisonment under subsection (a) if the amount is 

4 $25,000 or more; 

5 ‘‘(2) fined not less than 300 percent of the 

6 amount involved in the violation and not more than 

7 the greater of— 

8 ‘‘(A) $50,000; or 

9 ‘‘(B) 1,000 percent of the amount involved 

10 in the violation; or 

11 ‘‘(3) both imprisoned as provided under para12 graph (1) and fined as provided under paragraph 

13 (2). 

14 ‘‘(e) EFFECT OF CONCILIATION AGREEMENTS.— 

15 ‘‘(1) EVIDENCE OF LACK OF KNOWLEDGE AND

16 INTENT.—In any criminal action brought for a viola17 tion of any provision of this Act or of chapter 95 or 

18 96 of the Internal Revenue Code of 1986, any de19 fendant may evidence their lack of knowledge or in20 tent to commit the alleged violation by introducing 

21 as evidence a conciliation agreement entered into be22 tween the defendant and the Administration under 

23 section 373(c)(1) which specifically deals with the 

24 act or failure to act constituting such violation and 

25 which is still in effect. 


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1 ‘‘(2) CONSIDERATION BY COURTS.—In any 

2 criminal action brought for a violation of any provi3 sion of this Act or of chapter 95 or 96 of the Inter4 nal Revenue Code of 1986, the court before which 

5 such action is brought shall take into account, in 

6 weighing the seriousness of the violation and in con7 sidering the appropriateness of the penalty to be im8 posed if the defendant is found guilty, whether— 

9 ‘‘(A) the specific act or failure to act which 

10 constitutes the violation for which the action 

11 was brought is the subject of a conciliation 

12 agreement entered into between the defendant 

13 and the Administration under section 373(c)(1); 

14 ‘‘(B) the conciliation agreement is in ef15 fect; and 

16 ‘‘(C) the defendant is, with respect to the 

17 violation involved, in compliance with the concil18 iation agreement. 

19 ‘‘SEC. 380. PERIOD OF LIMITATIONS. 

20 ‘‘No person shall be prosecuted, tried, or punished 

21 for any violation of this Act, unless the indictment is found 

22 or the information is instituted within 5 years after the 

23 date of the violation. 


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1 ‘‘SEC. 381. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘For each fiscal year, there are authorized to be ap3 propriated to the Administration such sums as may be 

4 necessary for the purpose of carrying out its functions 

5 under this Act and under chapters 95 and 96 of the Inter6 nal Revenue Code of 1986.’’. 

7 SEC. 1112. EXECUTIVE SCHEDULE POSITIONS. 

8 (a) EXECUTIVE SCHEDULE LEVEL III POSITION.— 

9 Section 5314 of title 5, United States Code, is amended 

10 by adding at the end the following: 

11 ‘‘Chair, Federal Election Administration.’’. 

12 (b) EXECUTIVE SCHEDULE LEVEL IV POSITIONS.— 

13 Section 5315 of title 5, United States Code, is amended 

14 by adding at the end the following: 

15 ‘‘Members (other than the Chair), Federal Elec16 tion Administration. 

17 ‘‘Inspector General, Federal Election Adminis18 tration.’’. 

19 SEC. 1113. GAO EXAMINATION OF ENFORCEMENT OF CAM20 PAIGN FINANCE LAWS BY THE DEPARTMENT 

21 OF JUSTICE. 

22 (a) EXAMINATION.—The Comptroller General of the 

23 United States shall conduct a thorough examination of the 

24 enforcement of the criminal provisions of the Federal 

25 Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) 


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1 and chapters 95 and 96 of the Internal Revenue Code of 

2 1986 by the Attorney General. 

3 (b) REPORT.—Not later than 1 year after the date 

4 of enactment of this Act, the Comptroller General shall 

5 submit to the Attorney General and Congress a report on 

6 the examination conducted under subsection (a) together 

7 with recommendations on how the Attorney General may 

8 improve the enforcement of the criminal provisions of the 

9 Federal Election Campaign Act of 1971 (52 U.S.C. 30101 

10 et seq.) and chapters 95 and 96 of the Internal Revenue 

11 Code of 1986, including recommendations on the re12 sources that the Attorney General would require to effec13 tively enforce such criminal provisions. 

14 SEC. 1114. GAO STUDY AND REPORT ON APPROPRIATE 

15 FUNDING LEVELS. 

16 (a) STUDY.—The Comptroller General of the United 

17 States shall conduct an ongoing study on the level of fund18 ing that constitutes an adequate level of resources for the 

19 Federal Election Administration to competently execute 

20 the responsibilities imposed on the Administration by this 

21 Act and the amendments made by this Act. 

22 (b) REPORT.—Not later than 1 year after the date 

23 of enactment of this Act, and once every 2 years there24 after, the Comptroller General shall submit to the Director 

25 of the Office of Management and Budget and Congress 


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1 a report on the study conducted under subsection (a) to2 gether with recommendations for such legislation and ad3 ministrative action as the Comptroller General determines 

4 to be appropriate. 

5 SEC. 1115. CONFORMING AMENDMENTS. 

6 (a) INDEPENDENT AGENCY.—Section 104 of title 5, 

7 United States Code, is amended— 

8 (1) in paragraph (1), by striking ‘‘and’’ after 

9 the semicolon; 

10 (2) in paragraph (2), by striking the period and 

11 inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new 

13 paragraph: 

14 ‘‘(3) the Federal Election Administration.’’. 

15 (b) COVERAGE UNDER INSPECTOR GENERAL ACT.— 

16 Section 8G(a)(2) of the Inspector General Act of 1978 (5 

17 U.S.C. App.) is amended by striking ‘‘Federal Election 

18 Commission’’ and inserting ‘‘Federal Election Administra19 tion’’. 

20 (c) COVERAGE OF PERSONNEL UNDER HATCH

21 ACT.—Section 7323(b) of title 5, United States Code, is 

22 amended— 

23 (1) in paragraph (1), by striking ‘‘Federal Elec24 tion Commission’’ and inserting ‘‘Federal Election 

25 Administration’’; and 


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1 (2) in paragraph (2)(B)(i)(I), by striking ‘‘Fed2 eral Election Commission’’ and inserting ‘‘Federal 

3 Election Administration’’. 

4 (d) REMOVAL OF EXCLUSION FROM SENIOR EXECU5 TIVE SERVICE.—Section 3132(a)(1) of title 5, United 

6 States Code, is amended by striking subparagraph (C) and 

7 by redesignating subparagraphs (D), (E), and (F) as sub8 paragraphs (C), (D), and (E), respectively. 

9 (e) SUBTITLE A.—Title III of the Federal Election 

10 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

11 amended by inserting before section 301 the following: 

12 ‘‘Subtitle A—General Provisions’’. 

13 PART II—TRANSITION PROVISIONS 

14 SEC. 1121. TRANSFER OF FUNCTIONS OF FEDERAL ELEC15 TION COMMISSION. 

16 There are transferred to the Federal Election Admin17 istration established under section 351 of the Federal 

18 Election Campaign Act of 1971 (as added by section 

19 1311) all functions that the Federal Election Commission 

20 exercised before the date described in section 1326(a). 

21 SEC. 1122. TRANSFER OF PROPERTY, RECORDS, AND PER22 SONNEL. 

23 (a) PROPERTY AND RECORDS.—The contracts, liabil24 ities, records, property, and other assets and interests of, 

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1 tions of the Federal Election Commission which are trans2 ferred by this subtitle are transferred to the Federal Elec3 tion Administration. 

4 (b) PERSONNEL.—The personnel employed in con5 nection with the offices and functions of the Federal Elec6 tion Commission which are transferred by this subtitle are 

7 transferred to the Federal Election Administration. 

8 SEC. 1123. REPEALS. 

9 (a) PROVISIONS OF THE FEDERAL ELECTION CAM10 PAIGN ACT OF 1971.—The following provisions of the 

11 Federal Election Campaign Act of 1971 are repealed: 

12 (1) Section 306 (52 U.S.C. 30106). 

13 (2) Section 307 (52 U.S.C. 30107). 

14 (3) Section 308 (52 U.S.C. 30108). 

15 (4) Section 309 (52 U.S.C. 30109). 

16 (5) Section 310 (52 U.S.C. 30110). 

17 (6) Section 311 (52 U.S.C. 30111). 

18 (7) Section 314 (52 U.S.C. 30115). 

19 (8) Section 406 (52 U.S.C. 30145). 

20 (b) OTHER PROVISIONS.—Section 403 of the Bipar21 tisan Campaign Reform Act of 2002 (52 U.S.C. 30110 

22 note) is repealed. 

23 SEC. 1124. CONFORMING AMENDMENTS. 

24 (a) Title III of the Federal Election Campaign Act 

25 of 1971 (52 U.S.C. 30101 et seq.) is amended— 


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1 (1) in section 301, by striking paragraph (10) 

2 and inserting the following: 

3 ‘‘(10) The term ‘Administration’ means the Federal 

4 Election Administration.’’; 

5 (2) by striking ‘‘Federal Election Commission’’ 

6 and inserting ‘‘Administration’’ each place it ap7 pears; and 

8 (3) by striking ‘‘Commission’’ and inserting 

9 ‘‘Administration’’ each place it appears. 

10 (b) Section 3502(1)(B) of title 44, United States 

11 Code, is amended by striking ‘‘Federal Election Commis12 sion’’ and inserting ‘‘Federal Election Administration’’. 

13 (c) Section 207(j)(7)(B)(i) of title 18, United States 

14 Code, is amended by striking ‘‘the Federal Election Com15 mission by a former officer or employee of the Federal 

16 Election Commission’’ and inserting ‘‘the Federal Election 

17 Administration by a former officer or employee of the Fed18 eral Election Commission or the Federal Election Admin19 istration’’. 

20 (d) Section 103 of the Ethics in Government Act of 

21 1978 (5 U.S.C. App.) is amended— 

22 (1) in subsection (e), by striking ‘‘the Federal 

23 Election Commission’’ and inserting ‘‘the Federal 

24 Election Administration’’; and 


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1 (2) in subsection (k), by striking ‘‘the Federal 

2 Election Commission’’ and inserting ‘‘the Federal 

3 Election Administration’’. 

4 (e)(1) Section 9002(3) of the Internal Revenue Code 

5 of 1986 is amended to read as follows: 

6 ‘‘(3) The term ‘Administration’ means the Fed7 eral Election Administration established under sec8 tion 351 of the Federal Election Campaign Act of 

9 1971.’’. 

10 (2) Chapter 95 of the Internal Revenue Code of 1986 

11 is amended by striking ‘‘Commission’’ and inserting ‘‘Ad12 ministration’’ each place it appears. 

13 (f)(1) Section 9032(3) of the Internal Revenue Code 

14 of 1986 is amended to read as follows: 

15 ‘‘(3) The term ‘Administration’ means the Fed16 eral Election Administration established under sec17 tion 351 of the Federal Election Campaign Act of 

18 1971.’’. 

19 (2) Chapter 96 of the Internal Revenue Code of 1986 

20 is amended by striking ‘‘Commission’’ and inserting ‘‘Ad21 ministration’’ each place it appears. 

22 (g) Section 3(c) of the Voting Accessibility for the 

23 Elderly and Handicapped Act (52 U.S.C. 20102(c)) is 

24 amended— 

25 (1) in paragraph (1)— 


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1 (A) by striking ‘‘Federal Election Commis2 sion’’ and inserting ‘‘Federal Election Adminis3 tration’’; and 

4 (B) by striking ‘‘Commission’’ and insert5 ing ‘‘Administration’’; and 

6 (2) in paragraph (2), by striking ‘‘Federal Elec7 tion Commission’’ and inserting ‘‘Federal Election 

8 Administration’’. 

9 (h) Section 6(a)(9) of the Lobbying Disclosure Act 

10 1995 (2 U.S.C. 1605(a)(9)) is amended by striking ‘‘the 

11 Federal Election Commission’’ and inserting ‘‘the Federal 

12 Election Administration’’. 

13 SEC. 1125. TREATMENT OF CERTAIN REGULATIONS. 

14 (a) REGULATIONS ON DISCLOSURE OF ELECTION15 EERING COMMUNICATIONS.— 

16 (1) IN GENERAL.—Effective on the date that is 

17 90 days after enactment of this Act, the regulations 

18 on disclosure of electioneering communications 

19 adopted by the Federal Election Commission and 

20 published in the Federal Register at page 419 of vol21 ume 68 on January 3, 2003, and at page 5057 of 

22 volume 68 on January 31, 2003, as amended at 

23 page 72913 of volume 72 on December 26, 2007, 

24 are repealed. 


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1 (2) NEW REGULATIONS.—Not later than 90 

2 days after the date of the enactment of this Act, the 

3 Federal Election Commission shall promulgate new 

4 regulations on disclosure of electioneering commu5 nications under section 304(f) of the Federal Elec6 tion Campaign Act of 1971 (52 U.S.C. 30104(f)). 

7 The regulations promulgated under this paragraph 

8 shall require the disclosure of the identification of all 

9 persons who make a contribution to a person who 

10 makes an electioneering communication and shall 

11 not limit such disclosure to only to persons who 

12 make contributions for the purpose of furthering 

13 electioneering communications, or any similar limita14 tion on the scope of such disclosure. 

15 (b) REGULATIONS ON SOLICITATIONS AT NON-FED16 ERAL FUNDRAISING EVENTS.— 

17 (1) IN GENERAL.—Effective on the date that is 

18 90 days after the date of the enactment of this Act, 

19 the regulations on participation by Federal can20 didates and officeholders at non-Federal fundraising 

21 events adopted by the Federal Election Commission 

22 and published in the Federal Register at page 24383 

23 of volume 75 on May 5, 2010, are repealed. 

24 (2) NEW REGULATIONS.—Not later than 90 

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1 tion Commission shall promulgate new regulations 

2 on participation by Federal candidates and office3 holders in non-Federal fundraising events. The regu4 lations shall limit the participation by Federal can5 didates and officeholders in such events to attend6 ing, speaking, or being a featured guest at a fund7 raising event for a State, district, or local committee 

8 of a political party, and shall not allow Federal can9 didates and officeholders to participate in or solicit 

10 funds at any other fundraising event where non-Fed11 eral funds are raised. 

12 SEC. 1126. EFFECTIVE DATE. 

13 (a) IN GENERAL.—Except as provided in section 

14 1125, this subtitle and the amendments made by this sub15 title shall take effect on the date that is 6 months after 

16 the date of enactment of this Act. 

17 (b) TERMINATION OF THE FEDERAL ELECTION COM18 MISSION.—Notwithstanding any other provision of, or 

19 amendment made by, this subtitle, the members of the 

20 Federal Election Commission shall be removed from office 

21 on the date described in subsection (a). 

22 Subtitle C—Lobbying Reform 

23 SEC. 1201. LOBBYIST REGISTRATION REFORMS. 

24 Section 3(10) of the Lobbying Disclosure Act of 1995 

25 (2 U.S.C. 1602(10)) is amended by striking ‘‘contact, 


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1 other than’’ and all that follows through ‘‘3-month pe2 riod.’’ and inserting ‘‘contact over a 2-year period.’’. 

3 Subtitle D—Revolving Door Reform 

4 SEC. 1301. SHORT TITLE. 

5 This subtitle may be cited as the ‘‘Financial Services 

6 Conflict of Interest Act’’. 

7 SEC. 1302. RESTRICTIONS ON PRIVATE SECTOR PAYMENT 

8 FOR GOVERNMENT SERVICE. 

9 Section 209 of title 18, United States Code, is 

10 amended— 

11 (1) in subsection (a)— 

12 (A) by striking ‘‘any salary’’ and inserting 

13 ‘‘any bonus, salary’’; and 

14 (B) by striking ‘‘his services’’ and inserting 

15 ‘‘services rendered or to be rendered’’; and 

16 (2) in subsection (b)— 

17 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

18 (B) by adding at the end the following: 

19 ‘‘(2) For purposes of paragraph (1), a pension, retire20 ment, group life, health or accident insurance, profit-shar21 ing, stock bonus, or other employee welfare or benefit plan 

22 that makes payment of compensation contingent on ac23 cepting a position in the Federal Government shall not 

24 be considered bona fide. 


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1 ‘‘(3) For purposes of paragraph (2), compensation in2 cludes a retention award or bonus, severance pay, and any 

3 other payment linked to future service in the Federal Gov4 ernment in any way.’’. 

5 SEC. 1303. REQUIREMENTS RELATING TO SLOWING THE RE6 VOLVING DOOR AMONG FINANCIAL SERVICES 

7 REGULATORS. 

8 (a) IN GENERAL.—The Ethics in Government Act of 

9 1978 (5 U.S.C. App.) is amended by adding at the end 

10 the following: 

11 ‘‘TITLE VI—SPECIAL REQUIRE12 MENTS FOR FINANCIAL SERV13 ICES REGULATORS 

14 ‘‘SEC. 601. DEFINITIONS. 

15 ‘‘(a) IN GENERAL.—In this title, the terms ‘des16 ignated agency ethics official’ and ‘executive branch’ have 

17 the meanings given such terms under section 109. 

18 ‘‘(b) OTHER DEFINITIONS.—In this title: 

19 ‘‘(1) COVERED FINANCIAL SERVICES AGENCY.— 

20 The term ‘covered financial services agency’— 

21 ‘‘(A) means a primary financial regulatory 

22 agency (as defined in section 2 of the Dodd23 Frank Wall Street Reform and Consumer Pro24 tection Act (12 U.S.C. 5301)); and 

25 ‘‘(B) includes— 


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1 ‘‘(i) the Board of Governors of the 

2 Federal Reserve System; 

3 ‘‘(ii) the Office of the Comptroller of 

4 the Currency; 

5 ‘‘(iii) the Federal Deposit Insurance 

6 Corporation; 

7 ‘‘(iv) the National Credit Union Ad8 ministration; 

9 ‘‘(v) the Securities and Exchange 

10 Commission; 

11 ‘‘(vi) the Federal Housing Finance 

12 Agency; 

13 ‘‘(vii) the Bureau of Consumer Finan14 cial Protection; 

15 ‘‘(viii) the Commodity Futures Trad16 ing Commission; and 

17 ‘‘(ix) the Department of the Treasury. 

18 ‘‘(2) COVERED FINANCIAL SERVICES REGU19 LATOR.—The term ‘covered financial services regu20 lator’ means an officer or employee of a covered fi21 nancial services agency who occupies— 

22 ‘‘(A) a supervisory position classified above 

23 GS–15 of the General Schedule; 

24 ‘‘(B) in the case of a position not under 

25 the General Schedule, a supervisory position for 


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1 which the rate of basic pay is not less than 120 

2 percent of the minimum rate of basic pay for 

3 GS–15 of the General Schedule; or 

4 ‘‘(C) any other supervisory position deter5 mined to be of equal classification by the Direc6 tor of the Office of Government Ethics. 

7 ‘‘(3) FORMER CLIENT.—The term ‘former cli8 ent’— 

9 ‘‘(A) means a person for whom a covered 

10 financial services regulator served personally as 

11 an agent, attorney, or consultant during the 2- 

12 year period ending on the date (after such serv13 ice) on which the covered financial services reg14 ulator begins service in the Federal Govern15 ment; and 

16 ‘‘(B) does not include— 

17 ‘‘(i) instances in which the service 

18 provided was limited to a speech or similar 

19 appearance; or 

20 ‘‘(ii) a client of the former employer 

21 of the covered financial services regulator 

22 to whom the covered financial services reg23 ulator did not personally provide such serv24 ices. 


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1 ‘‘(4) FORMER EMPLOYER.—The term ‘former 

2 employer’— 

3 ‘‘(A) means a person for whom a covered 

4 financial services regulator served as an em5 ployee, officer, director, trustee, or general part6 ner during the 2-year period ending on the date 

7 (after such service) on which the covered finan8 cial services regulator begins service in the Fed9 eral Government; and 

10 ‘‘(B) does not include— 

11 ‘‘(i) an entity in the Federal Govern12 ment, including an executive branch agen13 cy; 

14 ‘‘(ii) a State or local government; 

15 ‘‘(iii) the District of Columbia; 

16 ‘‘(iv) an Indian tribe, as defined in 

17 section 4 of the Indian Self-Determination 

18 and Education Assistance Act (25 U.S.C. 

19 450b); or 

20 ‘‘(v) the government of a territory or 

21 possession of the United States. 


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1 ‘‘SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY 

2 STANDARDS FOR FINANCIAL SERVICES REG3 ULATORS. 

4 ‘‘(a) IN GENERAL.—A covered financial services reg5 ulator shall not make, participate in making, or in any 

6 way attempt to use the official position of the covered fi7 nancial services regulator to influence a particular matter 

8 that provides a direct and substantial pecuniary benefit 

9 for a former employer or former client of the covered fi10 nancial services regulator. 

11 ‘‘(b) RECUSAL.—A covered financial services regu12 lator shall recuse himself or herself from any official ac13 tion that would violate subsection (a). 

14 ‘‘(c) WAIVER.— 

15 ‘‘(1) IN GENERAL.—The head of the covered fi16 nancial services agency employing a covered financial 

17 services regulator, in consultation with the Director 

18 of the Office of Government Ethics, may grant a 

19 written waiver of the restrictions under subsection 

20 (a) if, and to the extent that, the head of the cov21 ered financial services agency certifies in writing 

22 that— 

23 ‘‘(A) the application of the restriction to 

24 the particular matter is inconsistent with the 

25 purposes of the restriction; or 


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1 ‘‘(B) it is in the public interest to grant 

2 the waiver. 

3 ‘‘(2) PUBLICATION.—The Director of the Office 

4 of Government Ethics shall make each waiver under 

5 paragraph (1) publicly available on the Web site of 

6 the Office of Government Ethics. 

7 ‘‘SEC. 603. NEGOTIATING FUTURE PRIVATE SECTOR EM8 PLOYMENT. 

9 ‘‘(a) PROHIBITION.—Except as provided in sub10 section (c), and notwithstanding any other provision of 

11 law, a covered financial services regulator may not partici12 pate in any particular matter which involves, to the knowl13 edge of the covered financial services regulator, an indi14 vidual or entity with whom the covered financial services 

15 regulator is in negotiations of future employment or has 

16 an arrangement concerning prospective employment. 

17 ‘‘(b) DISCLOSURE OF EMPLOYMENT NEGOTIA18 TIONS.— 

19 ‘‘(1) IN GENERAL.—If a covered financial serv20 ices regulator begins any negotiations of future em21 ployment with another person, or an agent or inter22 mediary of another person, or other discussion or 

23 communication with another person, or an agent or 

24 intermediary of another person, mutually conducted 

25 with a view toward reaching an agreement regarding 


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1 possible employment of the covered financial services 

2 regulator, the covered financial services regulator 

3 shall notify the designated agency ethics official of 

4 the covered financial services agency employing the 

5 covered financial services regulator regarding the ne6 gotiations, discussions, or communications. 

7 ‘‘(2) INFORMATION.—A designated agency eth8 ics official receiving notice under paragraph (1), 

9 after consultation with the Director of the Office of 

10 Government Ethics, shall inform the covered finan11 cial services regulator of any potential conflicts of 

12 interest involved in any negotiations, discussions, or 

13 communications with the other person and the pro14 hibitions applicable. 

15 ‘‘(c) WAIVERS ONLY WHEN EXCEPTIONAL CIR16 CUMSTANCES EXIST.— 

17 ‘‘(1) IN GENERAL.—The head of a covered fi18 nancial services agency may only grant a waiver of 

19 subsection (a) if the head determines that excep20 tional circumstances exist. 

21 ‘‘(2) REVIEW AND PUBLICATION.—For any 

22 waiver granted under paragraph (1), the Director of 

23 the Office of Government Ethics shall— 


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1 ‘‘(A) review the circumstances relating to 

2 the waiver and the determination that excep3 tional circumstances exist; and 

4 ‘‘(B) make the waiver publicly available on 

5 the Web site of the Office of Government Eth6 ics, which shall include— 

7 ‘‘(i) the name of the private person or 

8 persons involved in the negotiations or ar9 rangement concerning prospective employ10 ment; and 

11 ‘‘(ii) the date on which the negotia12 tions or arrangements commenced. 

13 ‘‘(d) SCOPE.—For purposes of this section, the term 

14 ‘negotiations of future employment’ is not limited to dis15 cussions of specific terms or conditions of employment in 

16 a specific position. 

17 ‘‘SEC. 604. RECORDKEEPING. 

18 ‘‘The Director of the Office of Government Ethics 

19 shall— 

20 ‘‘(1) receive all employment histories, recusal 

21 and waiver records, and other disclosure records for 

22 covered executive branch officials necessary for mon23 itoring compliance to this title; 

24 ‘‘(2) promulgate rules and regulations, in con25 sultation with the Director of the Office of PerVerDate Sep 11 2014 02:56 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00142 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880

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1 sonnel Management and the Attorney General, for 

2 implementation of this title; 

3 ‘‘(3) provide guidance and assistance where ap4 propriate to facilitate compliance with this title; 

5 ‘‘(4) review and, where necessary, assist des6 ignated agency ethics officers in providing advice to 

7 covered financial services regulators regarding com8 pliance with this title; and 

9 ‘‘(5) if the Director determines that a violation 

10 of this title may have occurred, and in consultation 

11 with the designated agency ethics officer and the 

12 Counsel to the President, refer the compliance case 

13 to the United States Attorney for the District of Co14 lumbia for enforcement action. 

15 ‘‘SEC. 605. PENALTIES AND INJUNCTIONS. 

16 ‘‘(a) CRIMINAL PENALTIES.— 

17 ‘‘(1) IN GENERAL.—Any person who violates 

18 section 602 or 603 shall be fined under title 18, 

19 United States Code, imprisoned for not more than 

20 1 year, or both. 

21 ‘‘(2) WILLFUL VIOLATIONS.—Any person who 

22 willfully violates section 602 or 603 shall be fined 

23 under title 18, United States Code, imprisoned for 

24 not more than 5 years, or both. 

25 ‘‘(b) CIVIL ENFORCEMENT.— 


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1 ‘‘(1) IN GENERAL.—The Attorney General may 

2 bring a civil action in the appropriate United States 

3 district court against any person who violates, or 

4 who the Attorney General has reason to believe is 

5 engaging in conduct that violates, section 602 or 

6 603. 

7 ‘‘(2) CIVIL PENALTY.— 

8 ‘‘(A) IN GENERAL.—Upon proof by a pre9 ponderance of the evidence that a person vio10 lated section 602 or 603, the court shall impose 

11 a civil penalty of not more than the greater 

12 of— 

13 ‘‘(i) $100,000 for each violation; or 

14 ‘‘(ii) the amount of compensation the 

15 person received or was offered for the con16 duct constituting the violation. 

17 ‘‘(B) RULE OF CONSTRUCTION.—A civil 

18 penalty under this subsection shall be in addi19 tion to any other criminal or civil statutory, 

20 common law, or administrative remedy, avail21 able to the United States or any other person. 

22 ‘‘(3) INJUNCTIVE RELIEF.— 

23 ‘‘(A) IN GENERAL.—In a civil action 

24 brought under paragraph (1) against a person, 

25 the Attorney General may petition the court for 


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1 an order prohibiting the person from engaging 

2 in conduct that violates section 602 or 603. The 

3 court may issue such an order if the court finds 

4 by a preponderance of the evidence that the 

5 conduct of the person violates section 602 or 

6 603. 

7 ‘‘(B) RULE OF CONSTRUCTION.—The filing 

8 of a petition seeking injunctive relief under this 

9 paragraph shall not preclude any other remedy 

10 which is available by law to the United States 

11 or any other person.’’. 

12 SEC. 1304. PROHIBITION OF PROCUREMENT OFFICERS AC13 CEPTING EMPLOYMENT FROM GOVERNMENT 

14 CONTRACTORS. 

15 (a) EXPANSION OF PROHIBITION ON ACCEPTANCE

16 BY FORMER OFFICIALS OF COMPENSATION FROM CON17 TRACTORS.—Section 2104 of title 41, United States Code, 

18 is amended— 

19 (1) in subsection (a)— 

20 (A) in the matter preceding paragraph 

21 (1)— 

22 (i) by striking ‘‘or consultant’’ and in23 serting ‘‘consultant, lawyer, or lobbyist’’; 

24 and 


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1 (ii) by striking ‘‘one year’’ and insert2 ing ‘‘2 years’’; and 

3 (B) in paragraph (3), by striking ‘‘person4 ally made for the Federal agency’’ and inserting 

5 ‘‘participated personally and substantially in’’; 

6 and 

7 (2) by amending subsection (b) to read as fol8 lows: 

9 ‘‘(b) PROHIBITION ON COMPENSATION FROM AFFILI10 ATES AND SUBCONTRACTORS.—A former official respon11 sible for a Government contract referred to in paragraph 

12 (1), (2), or (3) of subsection (a) shall be prohibited from 

13 accepting compensation for two years after awarding such 

14 contract from any division, affiliate, or subcontractor of 

15 the contractor.’’. 

16 (b) REQUIREMENT FOR PROCUREMENT OFFICERS

17 TO DISCLOSE JOB OFFERS MADE ON BEHALF OF REL18 ATIVES.—Section 2103(a) of title 41, United States Code, 

19 is amended in the matter preceding paragraph (1) by in20 serting after ‘‘that official’’ the following: ‘‘, or for a rel21 ative (as defined in section 3110 of title 5) of that offi22 cial,’’. 

23 (c) REQUIREMENT ON AWARD OF GOVERNMENT

24 CONTRACTS TO FORMER EMPLOYERS.— 


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1 (1) IN GENERAL.—Chapter 21 of title 41, 

2 United States Code, is amended by adding at the 

3 end the following: 

4 ‘‘§ 2108. Prohibition on involvement by certain 

5 former contractor employees in procure6 ments 

7 ‘‘An employee of the Federal Government may not 

8 be personally and substantially involved with any award 

9 of a contract to, or the administration of a contract award10 ed to, a contractor that is a former employer of the em11 ployee during the 2-year period beginning on the date on 

12 which the employee leaves the employment of the con13 tractor.’’. 

14 (2) TECHNICAL AND CONFORMING AMEND15 MENT.—The table of sections for chapter 21 of title 

16 41, United States Code, is amended by adding at 

17 the end the following: 

‘‘2108. Prohibition on involvement by certain former contractor employees in 

procurements.’’. 

18 (d) REGULATIONS.—The Administrator for Federal 

19 Procurement Policy and the Director of the Office of Man20 agement and Budget shall— 

21 (1) in consultation with the Director of the Of22 fice of Personnel Management and the Counsel to 

23 the President, promulgate regulations to carry out 

24 and ensure the enforcement of chapter 21 of title 


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1 41, United States Code, as amended by this section; 

2 and 

3 (2) in consultation with designated agency eth4 ics officers (as defined under section 601 of the Eth5 ics in Government Act of 1978 (5 U.S.C. App.)), 

6 monitor compliance with such chapter by individuals 

7 and agencies. 

8 SEC. 1305. REVOLVING DOOR RESTRICTIONS ON FINANCIAL 

9 SERVICES REGULATORS MOVING INTO THE 

10 PRIVATE SECTOR. 

11 (a) IN GENERAL.—Section 207 of title 18, United 

12 States Code, is amended— 

13 (1) by redesignating subsections (e) through (l) 

14 as subsections (f) through (m), respectively; and 

15 (2) by inserting after subsection (d) the fol16 lowing: 

17 ‘‘(e) RESTRICTIONS ON EMPLOYMENT FOR FINAN18 CIAL SERVICES REGULATORS.— 

19 ‘‘(1) IN GENERAL.—In addition to the restric20 tions set forth in subsections (a), (b), (c), and (d), 

21 a covered financial services regulator shall not— 

22 ‘‘(A) during the 2-year period beginning on 

23 the date his or her employment as a covered fi24 nancial services regulator ceases— 


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1 ‘‘(i) knowingly act as agent or attor2 ney for, or otherwise represent, any other 

3 person for compensation (except the 

4 United States) in any formal or informal 

5 appearance before; 

6 ‘‘(ii) with the intent to influence, 

7 make any oral or written communication 

8 on behalf of any other person (except the 

9 United States) to; or 

10 ‘‘(iii) knowingly aid, advise, or assist 

11 in— 

12 ‘‘(I) representing any other per13 son (except the United States) in any 

14 formal or informal appearance before; 

15 or 

16 ‘‘(II) making, with the intent to 

17 influence, any oral or written commu18 nication on behalf of any other person 

19 (except the United States) to, 

20 any court of the United States, or any officer 

21 or employee thereof, in connection with any ju22 dicial or other proceeding, which was actually 

23 pending under his or her official responsibility 

24 as a covered financial services regulator during 

25 the 1-year period ending on the date his or her 


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1 employment as a covered financial services reg2 ulator ceases or in which he or she participated 

3 personally and substantially as a covered finan4 cial services regulator; or 

5 ‘‘(B) during the 2-year period beginning on 

6 the date his or her employment as a covered fi7 nancial services regulator ceases— 

8 ‘‘(i) knowingly act as a lobbyist or 

9 agent for, or otherwise represent, any 

10 other person for compensation (except the 

11 United States) in any formal or informal 

12 appearance before; 

13 ‘‘(ii) with the intent to influence, 

14 make any oral or written communication 

15 or conduct any lobbying activities on behalf 

16 of any other person (except the United 

17 States) to; or 

18 ‘‘(iii) knowingly aid, advise, or assist 

19 in— 

20 ‘‘(I) representing any other per21 son (except the United States) in any 

22 formal or informal appearance before; 

23 or 

24 ‘‘(II) making, with the intent to 

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1 nication or conduct any lobbying ac2 tivities on behalf of any other person 

3 (except the United States) to, 

4 any department or agency of the executive 

5 branch or Congress (including any committee of 

6 Congress), or any officer or employee thereof, 

7 in connection with any matter which is pending 

8 before the department, agency, or Congress. 

9 ‘‘(2) PENALTY.—Any person who violates para10 graph (1) shall be punished as provided in section 

11 216. 

12 ‘‘(3) DEFINITIONS.—In this subsection— 

13 ‘‘(A) the term ‘covered financial services 

14 regulator’ has the meaning given that term 

15 under section 601 of the Ethics in Government 

16 Act of 1978 (5 U.S.C. App.); and 

17 ‘‘(B) the terms ‘lobbyist’ and ‘lobbying ac18 tivities’ have the meanings given such terms in 

19 section 3 of the Lobbying Disclosure Act of 

20 1995 (2 U.S.C. 1602).’’. 

21 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

22 (1) Section 103(a) of the Honest Leadership 

23 and Open Government Act of 2007 (2 U.S.C. 

24 4702(a)) is amended by striking ‘‘section 207(e)’’ 

25 each place it appears and inserting ‘‘section 207(f)’’. 


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1 (2) Section 207 of title 18, United States Code, 

2 as amended by subsection (a), is amended— 

3 (A) in subsection (g), as so redesignated, 

4 by striking ‘‘or (e)’’ and inserting ‘‘or (f)’’; 

5 (B) in subsection (j)(1)(B), as so redesig6 nated, by striking ‘‘subsection (f)’’ and insert7 ing ‘‘subsection (g)’’; and 

8 (C) in subsection (k), as so redesignated— 

9 (i) in paragraph (2), in the matter 

10 preceding subparagraph (A), by striking 

11 ‘‘and (e)’’ and inserting ‘‘(e), and (f)’’; 

12 (ii) in paragraph (4), by striking ‘‘and 

13 (e)’’ and inserting ‘‘(e), and (f)’’; and 

14 (iii) in paragraph (7)— 

15 (I) in subparagraph (A), by strik16 ing ‘‘and (e)’’ and inserting ‘‘(e), and 

17 (f)’’; and 

18 (II) in subparagraph (B)(ii), in 

19 the matter preceding subclause (I), by 

20 striking ‘‘subsections (c), (d), or (e)’’ 

21 and inserting ‘‘subsection (c), (d), (e), 

22 or (f)’’. 

23 (3) Section 141(b)(3) of the Trade Act of 1974 

24 (19 U.S.C. 2171(b)(3)) is amended by striking ‘‘sec25 tion 207(f)(3)’’ and inserting ‘‘207(g)(3)’’. 


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1 (4) Section 7802(b)(3)(B) of the Internal Rev2 enue Code of 1986 is amended by striking ‘‘and (f) 

3 of section 207’’ and inserting ‘‘and (g) of section 

4 207’’. 

5 (5) Section 106(p)(6)(I)(ii) of title 49, United 

6 States Code, is amended by striking ‘‘and (f) of sec7 tion 207’’ and inserting ‘‘and (g) of section 207’’. 

8 SEC. 1306. RESTRICTIONS ON FEDERAL EXAMINERS AND 

9 SUPERVISORS OF FINANCIAL INSTITUTIONS. 

10 (a) IN GENERAL.—Section 10(k) of the Federal De11 posit Insurance Act (12 U.S.C. 1820(k)) is amended— 

12 (1) in the subsection heading— 

13 (A) by striking ‘‘One-Year’’ and inserting 

14 ‘‘Two-Year’’; and 

15 (B) by striking ‘‘Examiners’’ and inserting 

16 ‘‘Examiners and Supervisors’’; 

17 (2) in paragraph (1)— 

18 (A) by striking subparagraph (B) and in19 serting the following: 

20 ‘‘(B) served— 

21 ‘‘(i) not less than 2 months during the 

22 final 12 months of the employment of the 

23 person with such agency or entity as the 

24 senior examiner (or a functionally equiva25 lent position) of a depository institution or 


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1 depository institution holding company 

2 with continuing, broad responsibility for 

3 the examination (or inspection) of that de4 pository institution or depository institu5 tion holding company on behalf of the rel6 evant agency or Federal reserve bank; or 

7 ‘‘(ii) as a supervisor of the senior ex8 aminer with responsibility for managing 

9 the oversight of not more than 5 deposi10 tory institutions or depository institution 

11 holding companies on behalf of the rel12 evant agency or Federal reserve bank; 

13 and’’; and 

14 (B) in subparagraph (C)— 

15 (i) in the matter preceding clause (i), 

16 by striking ‘‘1 year’’ and inserting ‘‘2 

17 years’’; 

18 (ii) in clause (i), by striking ‘‘or’’ and 

19 inserting a semicolon; 

20 (iii) in clause (ii), by striking the pe21 riod at the end and inserting a semicolon; 

22 and 

23 (iv) by adding at the end the fol24 lowing: 


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1 ‘‘(iii) a business entity, firm, or asso2 ciation that represents the depository insti3 tution or depository institution holding 

4 company for compensation.’’; 

5 (3) by redesignating paragraphs (2) through 

6 (6) as paragraphs (3) through (7), respectively; 

7 (4) by inserting after paragraph (1) the fol8 lowing: 

9 ‘‘(2) APPLICATION OF PENALTIES FOR SUPER10 VISORS.—A supervisor of a large financial service 

11 regulatory agency or a supervisor of a senior exam12 iner shall be subject to the penalties described in 

13 paragraph (7) if the supervisor of the senior exam14 iner or the senior examiner knowingly accepts com15 pensation during the period beginning on the date 

16 on which the service of the supervisor or senior ex17 aminer is terminated and ending on the date that is 

18 2 years after the date on which the service on which 

19 the service of the supervisor or senior examiner is 

20 terminated— 

21 ‘‘(A) as— 

22 ‘‘(i) an employee; 

23 ‘‘(ii) an officer; 

24 ‘‘(iii) a director; or 

25 ‘‘(iv) a consultant; and 


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1 ‘‘(B) from— 

2 ‘‘(i) a depository institution; 

3 ‘‘(ii) a depository institution holding 

4 company that is designated by the Finan5 cial Stability Oversight Council as a sys6 temically important financial market utility 

7 under section 804 of the Payment, Clear8 ing, and Settlement Supervision Act of 

9 2010 (12 U.S.C. 5463); or 

10 ‘‘(iii) a business entity, firm, or asso11 ciation that represents an institution de12 scribed in clause (ii) for compensation.’’; 

13 (5) in paragraph (4), as so redesignated, by 

14 striking ‘‘or other company.’’ and inserting ‘‘or other 

15 company, firm, or association.’’; and 

16 (6) in the matter preceding clause (i) of sub17 paragraph (A) of paragraph (7), as so redesignated, 

18 by striking ‘‘other company’’ and inserting ‘‘other 

19 company, firm, or association’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 Section 10(k) of the Federal Deposit Insurance Act (12 

22 U.S.C. 1820(k)) is amended— 

23 (1) in paragraph (1), by striking ‘‘paragraph 

24 (6)’’ and inserting ‘‘paragraph (7)’’; 


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1 (2) in paragraph (5)(A), as so redesignated, by 

2 inserting ‘‘and paragraph (2)’’ before the period at 

3 the end; and 

4 (3) in paragraph (7), as so redesignated— 

5 (A) in subparagraph (A)— 

6 (i) by striking ‘‘subject to paragraph 

7 (1)’’ and inserting ‘‘subject to paragraph 

8 (1) or (2)’’; and 

9 (ii) by striking ‘‘paragraph (1)(C)’’ 

10 and inserting ‘‘paragraph (1)(C) or para11 graph (2)’’; and 

12 (B) in subparagraph (C)— 

13 (i) by striking ‘‘person described in 

14 paragraph (1)’’ and inserting ‘‘person de15 scribed in paragraph (1) or (2)’’; and 

16 (ii) by inserting ‘‘paragraph (2)’’ be17 fore the period at the end. 

18 Subtitle E—Addressing Conflicts of 

19 Interest 

20 SEC. 1401. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Presidential Con22 flicts of Interest Act of 2017’’. 


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1 SEC. 1402. DIVESTITURE OF PERSONAL FINANCIAL INTER2 ESTS OF THE PRESIDENT AND VICE PRESI3 DENT THAT POSE A POTENTIAL CONFLICT OF 

4 INTEREST. 

5 (a) DEFINITIONS.— 

6 (1) IN GENERAL.—In this section— 

7 (A) the term ‘‘conflict-free holding’’ means 

8 a financial interest described in section 

9 102(f)(8) of the Ethics in Government Act of 

10 1978 (5 U.S.C. App.); 

11 (B) the term ‘‘financial interest posing a 

12 potential conflict of interest’’ means a financial 

13 interest of the President, the Vice President, 

14 the spouse of the President or Vice President, 

15 or a minor child of the President or Vice Presi16 dent, as applicable, that— 

17 (i) would constitute a financial inter18 est described in subsection (a) of section 

19 208 of title 18, United States Code— 

20 (I) if— 

21 (aa) for purposes of such 

22 section 208, the terms ‘‘officer’’ 

23 and ‘‘employee’’ included the 

24 President and the Vice President; 

25 and 


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1 (bb) the President or Vice 

2 President, as applicable, partici3 pated as described in subsection 

4 (a) of such section 208 in rela5 tion to such financial interest; 

6 and 

7 (II) determined without regard to 

8 any exception under subsection (b) of 

9 such section 208; or 

10 (ii) may constitute a present, emolu11 ment, office, or title, of any kind whatever, 

12 from any king, prince, or foreign state (in13 cluding from an entity owned or controlled 

14 by a foreign government), within the 

15 meaning of article I, section 9 of the Con16 stitution of the United States; 

17 (C) the term ‘‘qualified blind trust’’ has 

18 the meaning given that term in section 

19 102(f)(3) of the Ethics in Government Act of 

20 1978 (5 U.S.C. App.), unless otherwise speci21 fied in this Act; and 

22 (D) the term ‘‘tax return’’— 

23 (i) means any Federal income tax re24 turn and any amendment or supplement 

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1 tachments, or lists which are supplemental 

2 to, or part of, the return for the taxable 

3 year; and 

4 (ii) includes any information return 

5 that reports information that does or may 

6 affect the liability for tax for the taxable 

7 year. 

8 (2) APPLICABILITY OF ETHICS IN GOVERNMENT

9 ACT OF 1978.—For purposes of the definition of 

10 ‘‘qualified blind trust’’ in this section, the term ‘‘su11 pervising ethics officer’’ in section 102(f)(3) of the 

12 Ethics in Government Act of 1978 (5 U.S.C. App.) 

13 means the Director of the Office of Government 

14 Ethics. 

15 (b) INITIAL FINANCIAL DISCLOSURE.— 

16 (1) SUBMISSION OF DISCLOSURE.— 

17 (A) IN GENERAL.—Not later than 30 days 

18 after assuming the office of President or Vice 

19 President, respectively, the President and Vice 

20 President shall submit to Congress and the Di21 rector of the Office of Government Ethics a dis22 closure of financial interests. 

23 (B) APPLICATION TO SITTING PRESIDENT

24 AND VICE PRESIDENT.—For any individual who 

25 is serving as the President or Vice President on 


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1 the date of enactment of this Act, the disclosure 

2 of financial interests shall be submitted to Con3 gress and the Director of the Office of Govern4 ment Ethics not later than 30 days after the 

5 date of enactment of this Act. 

6 (2) CONTENTS.— 

7 (A) PRESIDENT.—The disclosure of finan8 cial interests submitted under paragraph (1) by 

9 the President shall— 

10 (i) describe in detail each financial in11 terest of the President, the spouse of the 

12 President, or a minor child of the Presi13 dent; 

14 (ii) at a minimum, include the infor15 mation relating to each such financial in16 terest that is required for reports under 

17 section 102 of the Ethics in Government 

18 Act of 1978 (5 U.S.C. App.); and 

19 (iii) include the tax returns filed by or 

20 on behalf of the President for— 

21 (I) the 3 most recent taxable 

22 years; and 

23 (II) each taxable year for which 

24 an audit of the return by the Internal 


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1 Revenue Service is pending on the 

2 date the report is filed. 

3 (B) VICE PRESIDENT.—The disclosure of 

4 financial interests submitted under paragraph 

5 (1) by the Vice President shall— 

6 (i) describe in detail each financial in7 terest of the Vice President, the spouse of 

8 the Vice President, or a minor child of the 

9 Vice President; 

10 (ii) at a minimum, include the infor11 mation relating to each such financial in12 terest that is required for reports under 

13 section 102 of the Ethics in Government 

14 Act of 1978 (5 U.S.C. App.); and 

15 (iii) include the tax returns filed by or 

16 on behalf of the Vice President for— 

17 (I) the 3 most recent taxable 

18 years; and 

19 (II) each taxable year for which 

20 an audit of the return by the Internal 

21 Revenue Service is pending on the 

22 date the report is filed. 

23 (c) DIVESTITURE OF FINANCIAL INTERESTS POSING

24 A POTENTIAL CONFLICT OF INTEREST.— 


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1 (1) IN GENERAL.—The President, the Vice 

2 President, the spouse of the President or Vice Presi3 dent, and any minor child of the President or Vice 

4 President shall divest of any financial interest posing 

5 a potential conflict of interest by transferring such 

6 interest to a qualified blind trust. 

7 (2) TRUSTEE DUTIES.—Within a reasonable pe8 riod of time after the date a financial interest is 

9 transferred to a qualified blind trust under para10 graph (1), the trustee of the qualified blind trust 

11 shall— 

12 (A) sell the financial interest; and 

13 (B) use the proceeds of the sale of the fi14 nancial interest to purchase conflict-free hold15 ings. 

16 (d) REVIEW BY OFFICE OF GOVERNMENT ETHICS.— 

17 (1) IN GENERAL.—The Director of the Office of 

18 Government Ethics shall submit to Congress, the 

19 President, and the Vice President an annual report 

20 regarding the financial interests of the President, 

21 the Vice President, the spouse of the President or 

22 Vice President, and any minor child of the President 

23 or Vice President. 

24 (2) CONTENTS.—Each report submitted under 

25 paragraph (1) shall— 


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1 (A) indicate whether any financial interest 

2 of the President, the Vice President, the spouse 

3 of the President or Vice President, or a minor 

4 child of the President or Vice President is a fi5 nancial interest posing a potential conflict of in6 terest; 

7 (B) evaluate whether any previously held 

8 financial interest of the President, the Vice 

9 President, the spouse of the President or Vice 

10 President, or a minor child of the President or 

11 Vice President that was a financial interest pos12 ing a potential conflict of interest was divested 

13 in accordance with subsection (c); and 

14 (C) redact such information as the Direc15 tor of the Office of Government Ethics deter16 mines necessary for preventing identity theft, 

17 such as Social Security numbers or taxpayer 

18 identification numbers. 

19 (e) ENFORCEMENT.— 

20 (1) IN GENERAL.—The Attorney General, the 

21 attorney general of any State, or any person ag22 grieved by any violation of subsection (c) may seek 

23 declaratory or injunctive relief in a court of com24 petent jurisdiction if— 


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1 (A) the Director of the Office of Govern2 ment Ethics is unable to issue a report indi3 cating whether the President or the Vice Presi4 dent is in substantial compliance with sub5 section (c); or 

6 (B) there is probable cause to believe that 

7 the President or the Vice President has not 

8 complied with subsection (c). 

9 (2) FAIR MARKET VALUE.—In granting injunc10 tive relief to the plaintiff, the court shall ensure that 

11 any divestment procedure shall ensure the fair mar12 ket return for any asset that is liquidated. 

13 SEC. 1403. RECUSAL OF APPOINTEES. 

14 Section 208 of title 18, United States Code, is 

15 amended by adding at the end the following: 

16 ‘‘(e)(1) Any officer or employee appointed by the 

17 President shall recuse himself or herself from any par18 ticular matter involving specific parties in which a party 

19 to that matter is— 

20 ‘‘(A) the President who appointed the officer or 

21 employee, which shall include any entity in which the 

22 President has a substantial interest; or 

23 ‘‘(B) the spouse of the President who appointed 

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1 ty in which the spouse of the President has a sub2 stantial interest. 

3 ‘‘(2)(A) Subject to subparagraph (B), if an officer or 

4 employee is recused under paragraph (1), a career ap5 pointee in the agency of the officer or employee shall per6 form the functions and duties of the officer or employee 

7 with respect to the matter. 

8 ‘‘(B)(i) In this subparagraph, the term ‘Commission’ 

9 means a board, commission, or other agency for which the 

10 authority of the agency is vested in more than 1 member. 

11 ‘‘(ii) If the recusal of a member of a Commission 

12 from a matter under paragraph (1) would result in there 

13 not being a statutorily required quorum of members of the 

14 Commission available to participate in the matter, not15 withstanding such statute or any other provision of law, 

16 the members of the Commission not recused under para17 graph (1) may— 

18 ‘‘(I) consider the matter without regard to the 

19 quorum requirement under such statute; 

20 ‘‘(II) delegate the authorities and responsibil21 ities of the Commission with respect to the matter 

22 to a subcommittee of the Commission; or 

23 ‘‘(III) designate an officer or employee of the 

24 Commission who was not appointed by the President 

25 who appointed the member of the Commission 


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1 recused from the matter to exercise the authorities 

2 and duties of the recused member with respect to 

3 the matter. 

4 ‘‘(3) Any officer or employee who negligently violates 

5 paragraph (1) shall be subject to the penalties set forth 

6 in section 216. 

7 ‘‘(4) For purposes of this section, the term ‘particular 

8 matter’ shall have the meaning given the term in section 

9 207(i).’’. 

10 SEC. 1404. CONTRACTS BY THE PRESIDENT OR VICE PRESI11 DENT. 

12 (a) AMENDMENT.—Section 431 of title 18, United 

13 States Code, is amended— 

14 (1) in the section heading, by inserting ‘‘the 

15 President, Vice President, or a’’ after 

16 ‘‘Contracts by’’; and 

17 (2) in the first undesignated paragraph, by in18 serting ‘‘the President or Vice President,’’ after 

19 ‘‘Whoever, being’’. 

20 (b) TABLE OF SECTIONS AMENDMENT.—The table of 

21 sections for chapter 23 of title 18, United States Code, 

22 is amended by striking the item relating to section 431 

23 and inserting the following: 

‘‘431. Contracts by the President, Vice President, or a Member of Congress.’’. 


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1 SEC. 1405. PRESIDENTIAL TAX TRANSPARENCY. 

2 (a) IN GENERAL.—Title I of the Ethics in Govern3 ment Act of 1978 (5 U.S.C. App.) is amended— 

4 (1) by inserting after section 102 the following: 

5 ‘‘SEC. 102A. DISCLOSURE OF TAX RETURNS. 

6 ‘‘(a) DEFINITIONS.—In this section— 

7 ‘‘(1) the term ‘covered candidate’ means an in8 dividual— 

9 ‘‘(A) required to file a report under section 

10 101(c); and 

11 ‘‘(B) who is nominated by a major party 

12 as a candidate for the office of President; 

13 ‘‘(2) the term ‘covered individual’ means— 

14 ‘‘(A) a President required to file a report 

15 under subsection (a) or (d) of section 101; and 

16 ‘‘(B) an individual who occupies the office 

17 of the President required to file a report under 

18 section 101(e); 

19 ‘‘(3) the term ‘major party’ has the meaning 

20 given the term in section 9002 of the Internal Rev21 enue Code of 1986; and 

22 ‘‘(4) the term ‘income tax return’ means, with 

23 respect to any covered candidate or covered indi24 vidual, any return (within the meaning of section 

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1 lated to Federal income taxes, but does not in2 clude— 

3 ‘‘(A) information returns issued to persons 

4 other than such covered candidate or covered 

5 individual; and 

6 ‘‘(B) declarations of estimated tax. 

7 ‘‘(b) DISCLOSURE.— 

8 ‘‘(1) COVERED INDIVIDUALS.— 

9 ‘‘(A) IN GENERAL.—In addition to the in10 formation described in subsections (a) and (b) 

11 of section 102, a covered individual shall in12 clude in each report required to be filed under 

13 this title a copy of the income tax returns of the 

14 covered individual for the 3 most recent taxable 

15 years for which a return have been filed with 

16 the Internal Revenue Service as of the date on 

17 which the report is filed. 

18 ‘‘(B) FAILURE TO DISCLOSE.—If an in19 come tax return is not disclosed under subpara20 graph (A), the Director of the Office of Govern21 ment Ethics shall submit to the Secretary of 

22 the Treasury a request that the Secretary of 

23 the Treasury provide the Director of the Office 

24 of Government Ethics with a copy of the in25 come tax return. 


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1 ‘‘(C) PUBLICLY AVAILABLE.—Each income 

2 tax return submitted under this paragraph shall 

3 be filed with the Director of the Office of Gov4 ernment Ethics and made publicly available in 

5 the same manner as the information described 

6 in subsections (a) and (b) of section 102. 

7 ‘‘(D) REDACTION OF CERTAIN INFORMA8 TION.—Before making any income tax return 

9 submitted under this paragraph available to the 

10 public, the Director of the Office of Government 

11 Ethics shall redact such information as the Di12 rector of the Office of Government Ethics, in 

13 consultation with the Secretary of the Treasury 

14 (or a delegate of the Secretary), determines ap15 propriate. 

16 ‘‘(2) CANDIDATES.— 

17 ‘‘(A) IN GENERAL.—Not later than 15 

18 days after the date on which a covered can19 didate is nominated, the covered candidate shall 

20 amend the report filed by the covered candidate 

21 under section 101(c) with the Federal Election 

22 Commission to include a copy of the income tax 

23 returns of the covered candidate for the 3 most 

24 recent taxable years for which a return has 

25 been filed with the Internal Revenue Service. 


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1 ‘‘(B) FAILURE TO DISCLOSE.—If an in2 come tax return is not disclosed under subpara3 graph (A) the Federal Election Commission 

4 shall submit to the Secretary of the Treasury a 

5 request that the Secretary of the Treasury pro6 vide the Federal Election Commission with the 

7 income tax return. 

8 ‘‘(C) PUBLICLY AVAILABLE.—Each income 

9 tax return submitted under this paragraph shall 

10 be filed with the Federal Election Commission 

11 and made publicly available in the same manner 

12 as the information described in section 102(b). 

13 ‘‘(D) REDACTION OF CERTAIN INFORMA14 TION.—Before making any income tax return 

15 submitted under this paragraph available to the 

16 public, the Federal Election Commission shall 

17 redact such information as the Federal Election 

18 Commission, in consultation with the Secretary 

19 of the Treasury (or a delegate of the Secretary) 

20 and the Director of the Office of Government 

21 Ethics, determines appropriate. 

22 ‘‘(3) SPECIAL RULE FOR SITTING PRESI23 DENTS.—Not later than 30 days after the date of 

24 enactment of this section, the President shall submit 

25 to the Director of the Office of Government Ethics 


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1 a copy of the income tax returns described in para2 graph (1)(A).’’; and 

3 (2) in section 104— 

4 (A) in subsection (a)— 

5 (i) in paragraph (1), in the first sen6 tence, by inserting ‘‘or any individual who 

7 knowingly and willfully falsifies or who 

8 knowingly and willfully fails to file an in9 come tax return that such individual is re10 quired to disclose pursuant to section 

11 102A’’ before the period; and 

12 (ii) in paragraph (2)(A)— 

13 (I) in clause (i), by inserting ‘‘or 

14 falsify any income tax return that 

15 such person is required to disclose 

16 under section 102A’’ before the semi17 colon; and 

18 (II) in clause (ii), by inserting 

19 ‘‘or fail to file any income tax return 

20 that such person is required to dis21 closed under section 102A’’ before the 

22 period; 

23 (B) in subsection (b), in the first sentence 

24 by inserting ‘‘or willfully failed to file or has 

25 willfully falsified an income tax return required 


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1 to be disclosed under section 102A’’ before the 

2 period; 

3 (C) in subsection (c), by inserting ‘‘or fail4 ing to file or falsifying an income tax return re5 quired to be disclosed under section 102A’’ be6 fore the period; and 

7 (D) in subsection (d)(1)— 

8 (i) in the matter preceding subpara9 graph (A), by inserting ‘‘or files an income 

10 tax return required to be disclosed under 

11 section 102A’’ after ‘‘title’’; and 

12 (ii) in subparagraph (A), by inserting 

13 ‘‘or such income tax return, as applicable,’’ 

14 after ‘‘report’’. 

15 (b) AUTHORITY TO DISCLOSE INFORMATION.— 

16 (1) IN GENERAL.—Section 6103(l) of the Inter17 nal Revenue Code of 1986 is amended by adding at 

18 the end the following new paragraph: 

19 ‘‘(23) DISCLOSURE OF RETURN INFORMATION

20 OF PRESIDENTS AND CERTAIN PRESIDENTIAL CAN21 DIDATES.— 

22 ‘‘(A) DISCLOSURE OF RETURNS OF PRESI23 DENTS.— 

24 ‘‘(i) IN GENERAL.—The Secretary 

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1 tor of the Office of Government Ethics 

2 pursuant to section 102A(b)(1)(B) of the 

3 Ethics in Government Act of 1978, provide 

4 to officers and employees of the Office of 

5 Government Ethics a copy of any income 

6 tax return of the President which is re7 quired to be filed under section 102A of 

8 such Act. 

9 ‘‘(ii) DISCLOSURE TO PUBLIC.—The 

10 Director of the Office of Government Eth11 ics may disclose to the public the income 

12 tax return of any President which is re13 quired to be filed with the Director pursu14 ant to section 102A of the Ethics in Gov15 ernment Act of 1978. 

16 ‘‘(B) DISCLOSURE OF RETURNS OF CER17 TAIN CANDIDATES FOR PRESIDENT.— 

18 ‘‘(i) IN GENERAL.—The Secretary 

19 shall, upon written request from the Chair20 man of the Federal Election Commission 

21 pursuant to section 102A(b)(2)(B) of the 

22 Ethics in Government Act of 1978, provide 

23 to officers and employees of the Federal 

24 Election Commission copies of the applica25 ble returns of any person who has been 


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1 nominated as a candidate of a major party 

2 (as defined in section 9002(a)) for the of3 fice of President. 

4 ‘‘(ii) DISCLOSURE TO PUBLIC.—The 

5 Federal Election Commission may disclose 

6 to the public applicable returns of any per7 son who has been nominated as a can8 didate of a major party (as defined in sec9 tion 9002(6)) for the office of President 

10 and which is required to be filed with the 

11 Commission pursuant to section 102A of 

12 the Ethics in Government Act. 

13 ‘‘(C) APPLICABLE RETURNS.—For pur14 poses of this paragraph, the term ‘applicable re15 turns’ means, with respect to any candidate for 

16 the office of President, income tax returns for 

17 the 3 most recent taxable years for which a re18 turn has been filed as of the date of the nomi19 nation.’’. 

20 (2) CONFORMING AMENDMENTS.—Section 

21 6103(p)(4) of such Code, in the matter preceding 

22 subparagraph (A) and in subparagraph (F)(ii), is 

23 amended by striking ‘‘or (22)’’ and inserting ‘‘(22), 

24 or (23)’’ each place it appears. 


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1 SEC. 1406. SENSE OF CONGRESS REGARDING VIOLATIONS. 

2 It is the sense of Congress that a violation of section 

3 1402 of this Act or the Ethics in Government Act of 1978 

4 (5 U.S.C. App.) by the President or the Vice President 

5 would constitute a high crime or misdemeanor under arti6 cle II, section 4 of the Constitution of the United States. 

7 SEC. 1407. RULE OF CONSTRUCTION. 

8 Nothing in this subtitle or an amendment made by 

9 this subtitle shall be construed to violate the Constitution 

10 of the United States. 

11 Subtitle F—Public Access to Visitor 

12 Logs 

13 SEC. 1501. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Making Access 

15 Records Available to Lead American Government Open16 ness Act’’ or the ‘‘MAR-A-LAGO Act’’. 

17 SEC. 1502. FINDINGS. 

18 Congress finds the following: 

19 (1) Beginning in 2009, the Obama administra20 tion instituted a policy to release the visitor access 

21 records for the White House complex. 

22 (2) This policy was responsible for making pub23 lic the names of nearly 6,000,000 visitors to the 

24 White House in the 8 years of the Obama adminis25 tration. 


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1 (3) This policy provided the people of the 

2 United States with insight into who influences the 

3 White House and transparency regarding efforts by 

4 lobbyists to effect policies, legislation, and Presi5 dential actions. 

6 (4) To date, the Trump administration has not 

7 indicated whether it will continue the policy of pub8 licly releasing White House visitor access records. 

9 (5) Since taking office on January 20, 2017, 

10 President Trump has conducted official business not 

11 only in the White House, but also at several of his 

12 privately owned clubs and resorts. 

13 (6) President Trump’s Mar-a-Lago Club in 

14 Palm Beach, Florida, has been dubbed the ‘‘Winter 

15 White House’’ and the ‘‘Southern White House’’. 

16 (7) President Trump has spent 5 of his first 9 

17 weekends in office at Mar-a-Lago. 

18 (8) Mar-a-Lago is a private membership facility 

19 open to members, their guests, and others who have 

20 been invited as guests for special events. 

21 (9) Visitors to Mar-a-Lago do not undergo the 

22 same background checks as White House visitors 

23 and visitor access records to the club have not been 

24 released to the public. 


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1 (10) The President has conducted official busi2 ness and hosted international leaders at Mar-a-Lago. 

3 (11) Media reports have shown President 

4 Trump and members of his Cabinet at Mar-a-Lago 

5 and nearby Trump International Golf Club inter6 acting with members and guests, providing access 

7 unavailable to the general public. 

8 (12) President Trump owns many other prop9 erties that offer similar amenities and membership10 only access where he is likely to conduct official 

11 business during his term in office. 

12 (13) On March 11, 2017, President Trump 

13 hosted several members of his Cabinet at his Trump 

14 National Golf Club in Potomac Falls, Virginia, to 

15 discuss homeland security, health care, and the 

16 economy according to media reports. 

17 (14) Media reports have indicated that the 

18 President may use his Bedminster, New Jersey, re19 sort as a ‘‘Summer White House’’. 

20 (15) The people of the United States expect 

21 and deserve transparency in government. The policy 

22 to release visitor access records instituted by the 

23 previous administration appropriately balanced 

24 transparency with the need for confidentiality in 

25 government actions. 


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1 (16) To the extent Mar-a-Lago and any other 

2 private facilities become locations where the Presi3 dent conducts business and interacts with individ4 uals who are not government officials, the same dis5 closures should apply. 

6 SEC. 1503. IMPROVING ACCESS TO INFLUENTIAL VISITOR 

7 ACCESS RECORDS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) COVERED LOCATION.—The term ‘‘covered 

10 location’’ means— 

11 (A) the White House; 

12 (B) the residence of the Vice President; 

13 and 

14 (C) any other location at which the Presi15 dent or the Vice President regularly conducts 

16 official business. 

17 (2) COVERED RECORDS.—The term ‘‘covered 

18 records’’ means information relating to a visit at a 

19 covered location, which shall include— 

20 (A) the name of each visitor at the covered 

21 location; 

22 (B) the name of each individual with whom 

23 each visitor described in subparagraph (A) met 

24 at the covered location; and 

25 (C) the purpose of the visit. 


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1 (b) REQUIREMENT.—Except as provided in sub2 section (c), not later than 30 days after the date of enact3 ment of this Act, the President shall establish, and update 

4 every 90 days, a publicly available database that contains 

5 covered records for the preceding 90-day period. 

6 (c) EXCEPTIONS.— 

7 (1) IN GENERAL.—The President shall not in8 clude in the database established under subsection 

9 (b) any covered record— 

10 (A) the posting of which would implicate 

11 personal privacy or law enforcement concerns or 

12 threaten national security; or 

13 (B) relating to a purely personal guest at 

14 a covered location. 

15 (2) SENSITIVE MEETINGS.—With respect to a 

16 particularly sensitive meeting at a covered location, 

17 the President shall— 

18 (A) include the number of visitors at the 

19 covered location in the database established 

20 under subsection (b); and 

21 (B) post the applicable covered records in 

22 the database established under subsection (b) 

23 when the President determines that release of 

24 the covered records is no longer sensitive. 


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1 Subtitle G—Requiring Individuals 

2 Nominated or Appointed to Cer3 tain Positions To Disclose Cer4 tain Types of Contributions 

5 SEC. 1601. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Conflicts from Po7 litical Fundraising Act of 2017’’. 

8 SEC. 1602. FINDINGS. 

9 Congress finds the following: 

10 (1) Public confidence in the Federal Govern11 ment is based on the expectation that officers and 

12 employees will discharge their duties impartially, and 

13 avoid either actual conflicts of interest or the ap14 pearance thereof. 

15 (2) The risk of an actual conflict of interest, or 

16 the appearance thereof, arises when a nominee or 

17 appointee to a Senate-confirmed position or an indi18 vidual in a position of a confidential or policymaking 

19 character has previously donated to, solicited for, or 

20 received funds from a political action committee or 

21 entity organized under section 501(c)(4) or section 

22 501(c)(6) of the Internal Revenue Code of 1986. 

23 (3) Since the 2010 decision by the Supreme 

24 Court of the United States in Citizens United v. 

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1 tions subject to Federal laws and regulations has in2 creased dramatically. 

3 (4) While some corporate political spending is 

4 done publicly, contributions to entities organized 

5 under section 501(c)(4) of the Internal Revenue 

6 Code of 1986 need not be disclosed, making this 

7 spending effectively anonymous. The risk of an ac8 tual conflict of interest, or the appearance thereof, 

9 arises whether political spending is public or anony10 mous. 

11 (5) Current financial disclosure requirements do 

12 not require filers to report funds they have donated 

13 to, solicited for, or received from political action 

14 committees or entities organized under section 

15 501(c)(4) or section 501(c)(6) of the Internal Rev16 enue Code of 1986. 

17 (6) Apparent or actual conflicts of interest are 

18 best ameliorated through public disclosure of this ac19 tivity to the Office of Government Ethics so the ap20 parent or actual conflicts can be addressed in ethics 

21 agreements negotiated between the filer and the 

22 agency in which the filer will serve. 


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1 SEC. 1603. DISCLOSURE OF CERTAIN TYPES OF CONTRIBU2 TIONS. 

3 (a) DEFINITIONS.—Section 109 of the Ethics in Gov4 ernment Act of 1978 (5 U.S.C. App.) is amended— 

5 (1) by redesignating paragraphs (2) through 

6 (19) as paragraphs (5) through (22), respectively; 

7 and 

8 (2) by inserting after paragraph (1) the fol9 lowing: 

10 ‘‘(2) ‘covered contribution’ means a payment, 

11 advance, forbearance, rendering, or deposit of 

12 money, or any thing of value— 

13 ‘‘(A)(i) that— 

14 ‘‘(I) is— 

15 ‘‘(aa) made by or on behalf of a 

16 covered individual; or 

17 ‘‘(bb) solicited in writing by or on 

18 behalf of a covered individual; and 

19 ‘‘(II) is made— 

20 ‘‘(aa) to a political organization, 

21 as defined in section 527 of the Inter22 nal Revenue Code of 1986; or 

23 ‘‘(bb) to an organization— 

24 ‘‘(AA) that is described in 

25 paragraph (4) or (6) of section 

26 501(c) of the Internal Revenue 


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1 Code of 1986 and exempt from 

2 tax under section 501(a) of such 

3 Code; and 

4 ‘‘(BB) that promotes or op5 poses changes in Federal laws or 

6 regulations that are (or would 

7 be) administered by the agency in 

8 which the covered individual has 

9 been nominated for appointment 

10 to a covered position or is serving 

11 in a covered position; or 

12 ‘‘(ii) that is— 

13 ‘‘(I) solicited in writing by or on be14 half of a covered individual; and 

15 ‘‘(II) made— 

16 ‘‘(aa) by an individual or entity 

17 the activities of which are subject to 

18 Federal laws or regulations that are 

19 (or would be) administered by the 

20 agency in which the covered individual 

21 has been nominated for appointment 

22 to a covered position or is serving in 

23 a covered position; and 

24 ‘‘(bb) to— 


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1 ‘‘(AA) a political organiza2 tion, as defined in section 527 of 

3 the Internal Revenue Code of 

4 1986; or 

5 ‘‘(BB) an organization that 

6 is described in paragraph (4) or 

7 (6) of section 501(c) of the Inter8 nal Revenue Code of 1986 and 

9 exempt from tax under section 

10 501(a) of such Code; and 

11 ‘‘(B) that is made to an organization de12 scribed in item (aa) or (bb) of clause (i)(II) or 

13 clause (ii)(II)(bb) of subparagraph (A) for 

14 which the total amount of such payments, ad15 vances, forbearances, renderings, or deposits of 

16 money, or any thing of value, during the cal17 endar year in which it is made is not less than 

18 the contribution limitation in effect under sec19 tion 315(a)(1)(A) of the Federal Election Cam20 paign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) 

21 for elections occurring during such calendar 

22 year; 

23 ‘‘(3) ‘covered individual’ means an individual 

24 who has been nominated or appointed to a covered 

25 position; and 


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1 ‘‘(4) ‘covered position’— 

2 ‘‘(A) means— 

3 ‘‘(i) a position described under sec4 tions 5312 through 5316 of title 5, United 

5 States Code; 

6 ‘‘(ii) a position placed in level IV or V 

7 of the Executive Schedule under section 

8 5317 of title 5, United States Code; 

9 ‘‘(iii) a position as a limited term ap10 pointee, limited emergency appointee, or 

11 noncareer appointee in the Senior Execu12 tive Service, as defined under paragraphs 

13 (5), (6), and (7), respectively, of section 

14 3132(a) of title 5, United States Code; and 

15 ‘‘(iv) a position in the executive 

16 branch of the Government of a confidential 

17 or policy-determining character under 

18 schedule C of subpart C of part 213 of 

19 title 5 of the Code of Federal Regulations; 

20 and 

21 ‘‘(B) does not include a position if the in22 dividual serving in the position has been ex23 cluded from the application of section 

24 101(f)(5);’’. 


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1 (b) DISCLOSURE REQUIREMENTS.—The Ethics in 

2 Government Act of 1978 (5 U.S.C. App.) is amended— 

3 (1) in section 101— 

4 (A) in subsection (a)— 

5 (i) by inserting ‘‘(1)’’ before ‘‘With6 in’’; 

7 (ii) by striking ‘‘unless’’ and inserting 

8 ‘‘and, if the individual is assuming a cov9 ered position, the information described in 

10 section 102(j), except that, subject to para11 graph (2), the individual shall not be re12 quired to file a report if’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(2) If an individual has left a position described in 

16 subsection (f) that is not a covered position and, within 

17 30 days, assumes a position that is a covered position, the 

18 individual shall, within 30 days of assuming the covered 

19 position, file a report containing the information described 

20 in section 102(j)(2)(A).’’; 

21 (B) in subsection (b)(1), in the first sen22 tence, by inserting ‘‘and the information re23 quired by section 102(j)’’ after ‘‘described in 

24 section 102(b)’’; 


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1 (C) in subsection (d), by inserting ‘‘and, if 

2 the individual is serving in a covered position, 

3 the information required by section 

4 102(j)(2)(A)’’ after ‘‘described in section 

5 102(a)’’; and 

6 (D) in subsection (e), by inserting ‘‘and, if 

7 the individual was serving in a covered position, 

8 the information required by section 

9 102(j)(2)(A)’’ after ‘‘described in section 

10 102(a)’’; and 

11 (2) in section 102— 

12 (A) in subsection (g), by striking ‘‘Political 

13 campaign funds’’ and inserting ‘‘Except as pro14 vided in subsection (j), political campaign 

15 funds’’; and 

16 (B) by adding at the end the following: 

17 ‘‘(j)(1) In this subsection— 

18 ‘‘(A) the term ‘applicable period’ means— 

19 ‘‘(i) with respect to a report filed pursuant 

20 to subsection (a) or (b) of section 101, the year 

21 of filing and the 4 calendar years preceding the 

22 year of the filing; and 

23 ‘‘(ii) with respect to a report filed pursuant 

24 to subsection (d) or (e) of section 101, the pre25 ceding calendar year; and 


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1 ‘‘(B) the term ‘covered gift’ means a gift that— 

2 ‘‘(i) is made to a covered individual, the 

3 spouse of a covered individual, or the dependent 

4 child of a covered individual; 

5 ‘‘(ii) is made by an entity described in item 

6 (aa) or (bb) of section 109(2)(A)(i)(II); and 

7 ‘‘(iii) would have been required to be re8 ported under subsection (a)(2) if the covered in9 dividual had been required to file a report 

10 under section 101(d) with respect to the cal11 endar year during which the gift was made. 

12 ‘‘(2)(A) A report filed pursuant to subsection (a), (b), 

13 (d), or (e) of section 101 by a covered individual shall in14 clude, for each covered contribution made by or on behalf 

15 of, or that was solicited in writing by or on behalf of, the 

16 covered individual during the applicable period— 

17 ‘‘(i) the date on which the covered contribution 

18 was made; 

19 ‘‘(ii) if applicable, the date or dates on which 

20 the covered contribution was solicited; 

21 ‘‘(iii) the value of the covered contribution; 

22 ‘‘(iv) the name of the person making the cov23 ered contribution; and 

24 ‘‘(v) the name of the person receiving the cov25 ered contribution. 


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1 ‘‘(B)(i) Subject to clause (ii), a covered contribution 

2 made by or on behalf of, or that was solicited in writing 

3 by or on behalf of, a covered individual shall constitute 

4 a conflict of interest, or an appearance thereof, with re5 spect to the official duties of the covered individual. 

6 ‘‘(ii) The Director of the Office of Government Ethics 

7 may exempt a covered contribution from the application 

8 of clause (i) if the Director determines the circumstances 

9 of the solicitation and making of the covered contribution 

10 do not present a risk of a conflict of interest and the ex11 emption of the covered contribution would not affect ad12 versely the integrity of the Government or the public’s con13 fidence in the integrity of the Government. 

14 ‘‘(3) A report filed pursuant to subsection (a) or (b) 

15 of section 101 by a covered individual shall include the 

16 information described in subsection (a)(2) with respect to 

17 each covered gift received during the applicable period.’’. 

18 (c) PROVISION OF REPORTS AND ETHICS AGREE19 MENTS TO CONGRESS.—Section 105 of the Ethics in Gov20 ernment Act of 1978 (5 U.S.C. App.) is amended by add21 ing at the end the following: 

22 ‘‘(e) Not later than 30 days after receiving a written 

23 request from the Chairman or Ranking Member of a com24 mittee or subcommittee of either House of Congress with 

25 jurisdiction of the agency in which a covered individual 


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1 has been nominated for appointment to a covered position 

2 or is serving in a covered position, the Director of the Of3 fice of Government Ethics shall provide to the Chairman 

4 or Ranking Member, respectively, each report filed under 

5 this title by the covered individual and any ethics agree6 ment entered into between the agency and the covered in7 dividual.’’. 

8 (d) RULES ON ETHICS AGREEMENTS.—The Director 

9 of the Office of Government Ethics shall promptly issue 

10 rules regarding how an agency in the executive branch 

11 shall address information required to be disclosed under 

12 the amendments made by this Act in drafting ethics agree13 ments between the agency and individuals appointed to po14 sitions in the agency. 

15 (e) TECHNICAL AND CONFORMING AMENDMENTS.— 

16 (1) The Ethics in Government Act of 1978 (5 

17 U.S.C. App.) is amended— 

18 (A) in section 101(f)— 

19 (i) in paragraph (9), by striking ‘‘sec20 tion 109(12)’’ and inserting ‘‘section 

21 109(15)’’; 

22 (ii) in paragraph (10), by striking 

23 ‘‘section 109(13)’’ and inserting ‘‘section 

24 109(16)’’; 


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1 (iii) in paragraph (11), by striking 

2 ‘‘section 109(10)’’ and inserting ‘‘section 

3 109(13)’’; and 

4 (iv) in paragraph (12), by striking 

5 ‘‘section 109(8)’’ and inserting ‘‘section 

6 109(11)’’; 

7 (B) in section 103(l)— 

8 (i) in paragraph (9), by striking ‘‘sec9 tion 109(12)’’ and inserting ‘‘section 

10 109(15)’’; and 

11 (ii) in paragraph (10), by striking 

12 ‘‘section 109(13)’’ and inserting ‘‘section 

13 109(16)’’; and 

14 (C) in section 105(b)(3)(A), by striking 

15 ‘‘section 109(8) or 109(10)’’ and inserting ‘‘sec16 tion 109(11) or 109(13)’’. 

17 (2) Section 3(4)(D) of the Lobbying Disclosure 

18 Act of 1995 (2 U.S.C. 1602(4)(D)) is amended by 

19 striking ‘‘section 109(13)’’ and inserting ‘‘section 

20 109(16)’’. 

21 (3) Section 21A of the Securities Exchange Act 

22 of 1934 (15 U.S.C. 78u–1) is amended— 

23 (A) in subsection (g)(2)(B)(ii), by striking 

24 ‘‘section 109(11) of the Ethics in Government 

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1 serting ‘‘section 109 of the Ethics in Govern2 ment Act of 1978 (5 U.S.C. App.))’’; and 

3 (B) in subsection (h)(2)— 

4 (i) in subparagraph (B), by striking 

5 ‘‘section 109(8) of the Ethics in Govern6 ment Act of 1978 (5 U.S.C. App. 109(8))’’ 

7 and inserting ‘‘section 109 of the Ethics in 

8 Government Act of 1978 (5 U.S.C. App.)’’; 

9 and 

10 (ii) in subparagraph (C), by striking 

11 ‘‘section 109(10) of the Ethics in Govern12 ment Act of 1978 (5 U.S.C. App. 

13 109(10))’’ and inserting ‘‘section 109 of 

14 the Ethics in Government Act of 1978 (5 

15 U.S.C. App.)’’. 

16 (4) Section 499(j)(2) of the Public Health Serv17 ice Act (42 U.S.C. 290b(j)(2)) is amended by strik18 ing ‘‘section 109(16) of the Ethics in Government 

19 Act of 1978’’ and inserting ‘‘section 109 of the Eth20 ics in Government Act of 1978 (5 U.S.C. App.)’’. 


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1 TITLE II—PUBLIC FINANCING 

2 Subtitle A—Reforming Presidential 

3 Election Financing 

4 PART I—PRIMARY ELECTIONS 

5 SEC. 2001. INCREASE IN AND MODIFICATIONS TO MATCH6 ING PAYMENTS. 

7 (a) INCREASE AND MODIFICATION.— 

8 (1) IN GENERAL.—The first sentence of section 

9 9034(a) of the Internal Revenue Code of 1986 is 

10 amended— 

11 (A) by striking ‘‘an amount equal to the 

12 amount of each contribution’’ and inserting ‘‘an 

13 amount equal to 600 percent of the amount of 

14 each matchable contribution (disregarding any 

15 amount of contributions from any person to the 

16 extent that the total of the amounts contributed 

17 by such person for the election exceeds $200)’’; 

18 and 

19 (B) by striking ‘‘authorized committees’’ 

20 and all that follows through ‘‘$250’’ and insert21 ing ‘‘authorized committees’’. 

22 (2) MATCHABLE CONTRIBUTIONS.—Section 

23 9034 of such Code is amended— 

24 (A) by striking the last sentence of sub25 section (a); and 


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1 (B) by inserting after subsection (b) the 

2 following new subsection: 

3 ‘‘(c) MATCHABLE CONTRIBUTION DEFINED.—For 

4 purposes of this section and section 9033(b)— 

5 ‘‘(1) MATCHABLE CONTRIBUTION.—The term 

6 ‘matchable contribution’ means, with respect to the 

7 nomination for election to the office of President of 

8 the United States, a contribution by an individual to 

9 a candidate or an authorized committee of a can10 didate with respect to which the candidate has cer11 tified in writing that— 

12 ‘‘(A) the individual making such contribu13 tion has not made aggregate contributions (in14 cluding such matchable contribution) to such 

15 candidate and the authorized committees of 

16 such candidate in excess of $1,000 for the elec17 tion; 

18 ‘‘(B) such candidate and the authorized 

19 committees of such candidate will not accept 

20 contributions from such individual (including 

21 such matchable contribution) aggregating more 

22 than the amount described in subparagraph 

23 (A); and 

24 ‘‘(C) such contribution was not— 


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1 ‘‘(i) forwarded from the contributor 

2 by any person other than an individual, or 

3 ‘‘(ii) received by the candidate or com4 mittee from a contributor or contributors, 

5 but credited by the committee or candidate 

6 to another person who is not an individual 

7 through records, designations, or other 

8 means of recognizing (whether in writing 

9 or not in writing) that a certain amount of 

10 money has been raised by such person. 

11 ‘‘(2) CONTRIBUTION.—For purposes of this 

12 subsection, the term ‘contribution’ means a gift of 

13 money made by a written instrument which identi14 fies the individual making the contribution by full 

15 name and mailing address, but does not include a 

16 subscription, loan, advance, or deposit of money, or 

17 anything of value or anything described in subpara18 graph (B), (C), or (D) of section 9032(4).’’. 

19 (3) CONFORMING AMENDMENTS.— 

20 (A) Section 9032(4) of such Code is 

21 amended by striking ‘‘section 9034(a)’’ and in22 serting ‘‘section 9034’’. 

23 (B) Section 9033(b)(3) of such Code is 

24 amended by striking ‘‘matching contributions’’ 

25 and inserting ‘‘matchable contributions’’. 


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1 (b) MODIFICATION OF PAYMENT LIMITATION.— 

2 (1) IN GENERAL.—Section 9034(b) of such 

3 Code is amended— 

4 (A) by striking ‘‘Every’’ and inserting the 

5 following: 

6 ‘‘(1) IN GENERAL.—Every’’; 

7 (B) by striking ‘‘shall not exceed’’ and all 

8 that follows and inserting ‘‘shall not exceed 

9 $300,000,000.’’; and 

10 (C) by adding at the end the following new 

11 paragraph: 

12 ‘‘(3) INFLATION ADJUSTMENT.— 

13 ‘‘(A) IN GENERAL.—In the case of any ap14 plicable period beginning after 2019, the dollar 

15 amount in paragraph (1) shall be increased by 

16 an amount equal to— 

17 ‘‘(i) such dollar amount, multiplied by 

18 ‘‘(ii) the cost-of-living adjustment de19 termined under section 1(f)(3) for the cal20 endar year following the year which such 

21 applicable period begins, determined by 

22 substituting ‘calendar year 2018’ for ‘cal23 endar year 1992’ in subparagraph (B) 

24 thereof. 


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1 ‘‘(B) APPLICABLE PERIOD.—For purposes 

2 of this paragraph, the term ‘applicable period’ 

3 means the 4-year period beginning with the 

4 first day following the date of the general elec5 tion for the office of President and ending on 

6 the date of the next such general election. 

7 ‘‘(C) ROUNDING.—If any amount as ad8 justed under subparagraph (1) is not a multiple 

9 of $10,000, such amount shall be rounded to 

10 the nearest multiple of $10,000.’’. 

11 SEC. 2002. ELIGIBILITY REQUIREMENTS FOR MATCHING 

12 PAYMENTS. 

13 (a) AMOUNT OF AGGREGATE CONTRIBUTIONS PER

14 STATE; DISREGARDING OF AMOUNTS CONTRIBUTED IN

15 EXCESS OF $200.—Section 9033(b)(3) of the Internal 

16 Revenue Code of 1986 is amended— 

17 (1) by striking ‘‘$5,000’’ and inserting 

18 ‘‘$25,000’’; and 

19 (2) by striking ‘‘20 States’’ and inserting the 

20 following: ‘‘20 States (disregarding any amount of 

21 contributions from any such resident to the extent 

22 that the total of the amounts contributed by such 

23 resident for the election exceeds $200)’’. 

24 (b) CONTRIBUTION LIMIT.— 


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1 (1) IN GENERAL.—Paragraph (4) of section 

2 9033(b) of such Code is amended to read as follows: 

3 ‘‘(4) the candidate and the authorized commit4 tees of the candidate will not accept aggregate con5 tributions from any person with respect to the nomi6 nation for election to the office of President of the 

7 United States in excess of $1,000 for the election.’’. 

8 (2) CONFORMING AMENDMENTS.— 

9 (A) Section 9033(b) of such Code is 

10 amended by adding at the end the following 

11 new flush sentence: 

12 ‘‘For purposes of paragraph (4), the term ‘contribution’ 

13 has the meaning given such term in section 301(8) of the 

14 Federal Election Campaign Act of 1971.’’. 

15 (B) Section 9032(4) of such Code, as 

16 amended by section 2001(a)(3)(A) is amended 

17 by inserting ‘‘or 9033(b)’’ after ‘‘9034’’. 

18 (c) BAN ON ACCEPTANCE OF BUNDLED CONTRIBU19 TIONS.—Section 9033(b) of such Code, as amended by 

20 subsection (b), is amended— 

21 (1) by striking ‘‘and’’ at the end of paragraph 

22 (3); 

23 (2) by striking the period at the end of para24 graph (4) and inserting ‘‘, and’’; and 


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1 (3) by adding at the end the following new 

2 paragraph: 

3 ‘‘(5) the candidate and the authorized com4 mittee of the candidate will not accept any bundled 

5 contribution (as defined in section 304(i)(8) of the 

6 Federal Election Campaign Act of 1971) forwarded 

7 by or credited to a person described in section 

8 304(i)(7) of such Act.’’. 

9 (d) PARTICIPATION IN SYSTEM FOR PAYMENTS FOR

10 GENERAL ELECTION.—Section 9033(b) of such Code, as 

11 amended by subsection (c), is amended— 

12 (1) by striking ‘‘and’’ at the end of paragraph 

13 (4); 

14 (2) by striking the period at the end of para15 graph (5) and inserting ‘‘, and’’; and 

16 (3) by adding at the end the following new 

17 paragraph: 

18 ‘‘(6) if the candidate is nominated by a political 

19 party for election to the office of President, the can20 didate will apply for and accept payments with re21 spect to the general election for such office in ac22 cordance with chapter 95.’’. 


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1 SEC. 2003. REPEAL OF EXPENDITURE LIMITATIONS. 

2 (a) IN GENERAL.—Subsection (a) of section 9035 of 

3 the Internal Revenue Code of 1986 is amended to read 

4 as follows: 

5 ‘‘(a) PERSONAL EXPENDITURE LIMITATION.—No 

6 candidate shall knowingly make expenditures from his per7 sonal funds, or the personal funds of his immediate family, 

8 in connection with his campaign for nomination for elec9 tion to the office of President in excess of, in the aggre10 gate, $50,000.’’. 

11 (b) CONFORMING AMENDMENT.—Paragraph (1) of 

12 section 9033(b) of the Internal Revenue Code of 1986 is 

13 amended to read as follows: 

14 ‘‘(1) the candidate will comply with the per15 sonal expenditure limitation under section 9035,’’. 

16 SEC. 2004. PERIOD OF AVAILABILITY OF MATCHING PAY17 MENTS. 

18 Section 9032(6) of the Internal Revenue Code of 

19 1986 is amended by striking ‘‘the beginning of the cal20 endar year in which a general election for the office of 

21 President of the United States will be held’’ and inserting 

22 ‘‘the date that is 6 months prior to the date of the earliest 

23 State primary election’’. 


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1 SEC. 2005. EXAMINATION AND AUDITS OF MATCHABLE CON2 TRIBUTIONS. 

3 Section 9038(a) of the Internal Revenue Code of 

4 1986 is amended by inserting ‘‘and matchable contribu5 tions accepted by’’ after ‘‘qualified campaign expenses of’’. 

6 SEC. 2006. MODIFICATION TO LIMITATION ON CONTRIBU7 TIONS FOR PRESIDENTIAL PRIMARY CAN8 DIDATES. 

9 Section 315(a)(6) of the Federal Election Campaign 

10 Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by strik11 ing ‘‘calendar year’’ and inserting ‘‘four-year election 

12 cycle’’. 

13 PART II—GENERAL ELECTIONS 

14 SEC. 2011. MODIFICATION OF ELIGIBILITY REQUIREMENTS 

15 FOR PUBLIC FINANCING. 

16 Subsection (a) of section 9003 of the Internal Rev17 enue Code of 1986 is amended to read as follows: 

18 ‘‘(a) IN GENERAL.—In order to be eligible to receive 

19 any payments under section 9006, the candidates of a po20 litical party in a presidential election shall meet the fol21 lowing requirements: 

22 ‘‘(1) PARTICIPATION IN PRIMARY PAYMENT

23 SYSTEM.—The candidate for President received pay24 ments under chapter 96 for the campaign for nomi25 nation for election to be President. 


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•S 1880 IS

1 ‘‘(2) AGREEMENTS WITH COMMISSION.—The 

2 candidates, in writing— 

3 ‘‘(A) agree to obtain and furnish to the 

4 Commission such evidence as it may request of 

5 the qualified campaign expenses of such can6 didates, 

7 ‘‘(B) agree to keep and furnish to the 

8 Commission such records, books, and other in9 formation as it may request, and 

10 ‘‘(C) agree to an audit and examination by 

11 the Commission under section 9007 and to pay 

12 any amounts required to be paid under such 

13 section. 

14 ‘‘(3) BAN ON BUNDLED CONTRIBUTIONS.—The 

15 candidates certify to the Commission, under penalty 

16 of perjury and within such time prior to the day of 

17 the presidential election as the Commission shall 

18 prescribe by rules or regulations, that the candidates 

19 and the authorized committees of such candidates 

20 will not accept any bundled contribution (as defined 

21 in section 304(i)(8) of the Federal Election Cam22 paign Act of 1971) forwarded by or credited to a 

23 person described in section 304(i)(7) of such Act.’’. 


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•S 1880 IS

1 SEC. 2012. REPEAL OF EXPENDITURE LIMITATIONS AND 

2 USE OF QUALIFIED CAMPAIGN CONTRIBU3 TIONS. 

4 (a) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS

5 WITHOUT EXPENDITURE LIMITS; APPLICATION OF SAME

6 REQUIREMENTS FOR MAJOR, MINOR, AND NEW PAR7 TIES.—Section 9003 of the Internal Revenue Code of 

8 1986 is amended by striking subsections (b) and (c) and 

9 inserting the following: 

10 ‘‘(b) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS

11 TO DEFRAY EXPENSES.— 

12 ‘‘(1) IN GENERAL.—In order to be eligible to 

13 receive any payments under section 9006, the can14 didates of a party in a presidential election shall cer15 tify to the Commission, under penalty of perjury, 

16 that— 

17 ‘‘(A) such candidates and their authorized 

18 committees have not and will not accept any 

19 contributions to defray qualified campaign ex20 penses other than— 

21 ‘‘(i) qualified campaign contributions, 

22 and 

23 ‘‘(ii) contributions to the extent nec24 essary to make up any deficiency payments 

25 received out of the fund on account of the 

26 application of section 9006(c), and 


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•S 1880 IS

1 ‘‘(B) such candidates and their authorized 

2 committees have not and will not accept any 

3 contribution to defray expenses which would be 

4 qualified campaign expenses but for subpara5 graph (C) of section 9002(11). 

6 ‘‘(2) TIMING OF CERTIFICATION.—The can7 didate shall make the certification required under 

8 this subsection at the same time the candidate 

9 makes the certification required under subsection 

10 (a)(3).’’. 

11 (b) DEFINITION OF QUALIFIED CAMPAIGN CON12 TRIBUTION.—Section 9002 of such Code is amended by 

13 adding at the end the following new paragraph: 

14 ‘‘(13) QUALIFIED CAMPAIGN CONTRIBUTION.— 

15 The term ‘qualified campaign contribution’ means, 

16 with respect to any election for the office of Presi17 dent of the United States, a contribution from an in18 dividual to a candidate or an authorized committee 

19 of a candidate which— 

20 ‘‘(A) does not exceed $1,000 for the elec21 tion; and 

22 ‘‘(B) with respect to which the candidate 

23 has certified in writing that— 

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•S 1880 IS

1 tions (including such qualified contribu2 tion) to such candidate and the authorized 

3 committees of such candidate in excess of 

4 the amount described in subparagraph (A), 

5 and 

6 ‘‘(ii) such candidate and the author7 ized committees of such candidate will not 

8 accept contributions from such individual 

9 (including such qualified contribution) ag10 gregating more than the amount described 

11 in subparagraph (A) with respect to such 

12 election.’’. 

13 (c) CONFORMING AMENDMENTS.— 

14 (1) REPEAL OF EXPENDITURE LIMITS.— 

15 (A) IN GENERAL.—Section 315 of the Fed16 eral Election Campaign Act of 1971 (52 U.S.C. 

17 30116) is amended by striking subsection (b). 

18 (B) CONFORMING AMENDMENTS.—Section 

19 315(c) of such Act (52 U.S.C. 30116(c)) is 

20 amended— 

21 (i) in paragraph (1)(B)(i), by striking 

22 ‘‘, (b)’’; and 

23 (ii) in paragraph (2)(B)(i), by striking 

24 ‘‘subsections (b) and (d)’’ and inserting 

25 ‘‘subsection (d)’’. 


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1 (2) REPEAL OF REPAYMENT REQUIREMENT.— 

2 (A) IN GENERAL.—Section 9007(b) of the 

3 Internal Revenue Code of 1986 is amended by 

4 striking paragraph (2) and redesignating para5 graphs (3), (4), and (5) as paragraphs (2), (3), 

6 and (4), respectively. 

7 (B) CONFORMING AMENDMENT.—Para8 graph (2) of section 9007(b) of such Code, as 

9 redesignated by subparagraph (A), is amend10 ed— 

11 (i) by striking ‘‘a major party’’ and 

12 inserting ‘‘a party’’; 

13 (ii) by inserting ‘‘qualified contribu14 tions and’’ after ‘‘contributions (other 

15 than’’; and 

16 (iii) by striking ‘‘(other than qualified 

17 campaign expenses with respect to which 

18 payment is required under paragraph 

19 (2))’’. 

20 (3) CRIMINAL PENALTIES.— 

21 (A) REPEAL OF PENALTY FOR EXCESS EX22 PENSES.—Section 9012 of the Internal Revenue 

23 Code of 1986 is amended by striking subsection 

24 (a). 


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1 (B) PENALTY FOR ACCEPTANCE OF DIS2 ALLOWED CONTRIBUTIONS; APPLICATION OF

3 SAME PENALTY FOR CANDIDATES OF MAJOR, 

4 MINOR, AND NEW PARTIES.—Subsection (b) of 

5 section 9012 of such Code is amended to read 

6 as follows: 

7 ‘‘(b) CONTRIBUTIONS.— 

8 ‘‘(1) ACCEPTANCE OF DISALLOWED CONTRIBU9 TIONS.—It shall be unlawful for an eligible can10 didate of a party in a presidential election or any of 

11 his authorized committees knowingly and willfully to 

12 accept any contribution to defray qualified campaign 

13 expenses, except to the extent necessary to make up 

14 any deficiency in payments received out of the fund 

15 on account of the application of section 9006(c), or 

16 to defray expenses which would be qualified cam17 paign expenses but for subparagraph (C) of section 

18 9002(11). 

19 ‘‘(2) PENALTY.—Any person who violates para20 graph (1) shall be fined not more than $5,000, or 

21 imprisoned not more than one year, or both. In the 

22 case of a violation by an authorized committee, any 

23 officer or member of such committee who knowingly 

24 and willfully consents to such violation shall be fined 


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•S 1880 IS

1 not more than $5,000, or imprisoned not more than 

2 one year, or both.’’. 

3 SEC. 2013. MATCHING PAYMENTS AND OTHER MODIFICA4 TIONS TO PAYMENT AMOUNTS. 

5 (a) IN GENERAL.— 

6 (1) AMOUNT OF PAYMENTS; APPLICATION OF

7 SAME AMOUNT FOR CANDIDATES OF MAJOR, MINOR, 

8 AND NEW PARTIES.—Subsection (a) of section 9004 

9 of the Internal Revenue Code of 1986 is amended to 

10 read as follows: 

11 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

12 chapter, the eligible candidates of a party in a presidential 

13 election shall be entitled to equal payment under section 

14 9006 in an amount equal to 600 percent of the amount 

15 of each matchable contribution received by such candidate 

16 or by the candidate’s authorized committees (disregarding 

17 any amount of contributions from any person to the extent 

18 that the total of the amounts contributed by such person 

19 for the election exceeds $200), except that total amount 

20 to which a candidate is entitled under this paragraph shall 

21 not exceed $300,000,000.’’. 

22 (2) REPEAL OF SEPARATE LIMITATIONS FOR

23 CANDIDATES OF MINOR AND NEW PARTIES; INFLA24 TION ADJUSTMENT.—Subsection (b) of section 9004 

25 of such Code is amended to read as follows: 


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1 ‘‘(b) INFLATION ADJUSTMENT.— 

2 ‘‘(1) IN GENERAL.—In the case of any applica3 ble period beginning after 2019, the $300,000,000 

4 dollar amount in subsection (a) shall be increased by 

5 an amount equal to— 

6 ‘‘(A) such dollar amount; multiplied by 

7 ‘‘(B) the cost-of-living adjustment deter8 mined under section 1(f)(3) for the calendar 

9 year following the year which such applicable 

10 period begins, determined by substituting ‘cal11 endar year 2018’ for ‘calendar year 1992’ in 

12 subparagraph (B) thereof. 

13 ‘‘(2) APPLICABLE PERIOD.—For purposes of 

14 this subsection, the term ‘applicable period’ means 

15 the 4-year period beginning with the first day fol16 lowing the date of the general election for the office 

17 of President and ending on the date of the next such 

18 general election. 

19 ‘‘(3) ROUNDING.—If any amount as adjusted 

20 under paragraph (1) is not a multiple of $10,000, 

21 such amount shall be rounded to the nearest mul22 tiple of $10,000.’’. 

23 (3) CONFORMING AMENDMENT.—Section 

24 9005(a) of such Code is amended by adding at the 

25 end the following new sentence: ‘‘The Commission 


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•S 1880 IS

1 shall make such additional certifications as may be 

2 necessary to receive payments under section 9004.’’. 

3 (b) MATCHABLE CONTRIBUTION.—Section 9002 of 

4 such Code, as amended by section 2012, is amended by 

5 adding at the end the following new paragraph: 

6 ‘‘(14) MATCHABLE CONTRIBUTION.—The term 

7 ‘matchable contribution’ means, with respect to the 

8 election to the office of President of the United 

9 States, a contribution by an individual to a can10 didate or an authorized committee of a candidate 

11 with respect to which the candidate has certified in 

12 writing that— 

13 ‘‘(A) the individual making such contribu14 tion has not made aggregate contributions (in15 cluding such matchable contribution) to such 

16 candidate and the authorized committees of 

17 such candidate in excess of $1,000 for the elec18 tion; 

19 ‘‘(B) such candidate and the authorized 

20 committees of such candidate will not accept 

21 contributions from such individual (including 

22 such matchable contribution) aggregating more 

23 than the amount described in subparagraph (A) 

24 with respect to such election; and 

25 ‘‘(C) such contribution was not— 


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•S 1880 IS

1 ‘‘(i) forwarded from the contributor 

2 by any person other than an individual, or 

3 ‘‘(ii) received by the candidate or com4 mittee from a contributor or contributors, 

5 but credited by the committee or candidate 

6 to another person who is not an individual 

7 through records, designations, or other 

8 means of recognizing (whether in writing 

9 or not in writing) that a certain amount of 

10 money has been raised by such person.’’. 

11 SEC. 2014. INCREASE IN LIMIT ON COORDINATED PARTY 

12 EXPENDITURES. 

13 (a) IN GENERAL.—Section 315(d)(2) of the Federal 

14 Election Campaign Act of 1971 (52 U.S.C. 30116(d)(2)) 

15 is amended to read as follows: 

16 ‘‘(2)(A) The national committee of a political party 

17 may not make any expenditure in connection with the gen18 eral election campaign of any candidate for President of 

19 the United States who is affiliated with such party which 

20 exceeds $100,000,000. 

21 ‘‘(B) For purposes of this paragraph— 

22 ‘‘(i) any expenditure made by or on behalf of a 

23 national committee of a political party and in con24 nection with a presidential election shall be consid25 ered to be made in connection with the general elecVerDate Sep 11 2014 02:56 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00212 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880

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1 tion campaign of a candidate for President of the 

2 United States who is affiliated with such party; and 

3 ‘‘(ii) any communication made by or on behalf 

4 of such party shall be considered to be made in con5 nection with the general election campaign of a can6 didate for President of the United States who is af7 filiated with such party if any portion of the commu8 nication is in connection with such election. 

9 ‘‘(C) Any expenditure under this paragraph shall be 

10 in addition to any expenditure by a national committee 

11 of a political party serving as the principal campaign com12 mittee of a candidate for the office of President of the 

13 United States.’’. 

14 (b) CONFORMING AMENDMENTS RELATING TO TIM15 ING OF COST-OF-LIVING ADJUSTMENT.— 

16 (1) IN GENERAL.—Section 315(c)(1) of such 

17 Act (52 U.S.C. 30116(c)(1)), as amended by section 

18 2012(c)(1)(B), is amended— 

19 (A) in subparagraph (B), by striking ‘‘(d)’’ 

20 and inserting ‘‘(d)(3)’’; and 

21 (B) by inserting at the end the following 

22 new subparagraph: 

23 ‘‘(D) In any calendar year after 2018— 


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1 ‘‘(i) the dollar amount in subsection (d)(2) shall 

2 be increased by the percent difference determined 

3 under subparagraph (A); 

4 ‘‘(ii) the amount so increased shall remain in 

5 effect for the calendar year; and 

6 ‘‘(iii) if the amount after adjustment under 

7 clause (i) is not a multiple of $100, such amount 

8 shall be rounded to the nearest multiple of $100.’’. 

9 (2) BASE YEAR.—Section 315(c)(2)(B) of such 

10 Act (52 U.S.C. 30116(c)(2)(B)), as amended by sec11 tion 2012(c)(1)(B), is amended— 

12 (A) in clause (i)— 

13 (i) by striking ‘‘(d)’’ and inserting 

14 ‘‘(d)(3)’’; and 

15 (ii) by striking ‘‘and’’ at the end; 

16 (B) in clause (ii), by striking the period at 

17 the end and inserting ‘‘; and’’; and 

18 (C) by adding at the end the following new 

19 clause: 

20 ‘‘(iii) for purposes of subsection (d)(2), cal21 endar year 2017.’’. 

22 SEC. 2015. ESTABLISHMENT OF UNIFORM DATE FOR RE23 LEASE OF PAYMENTS. 

24 (a) DATE FOR PAYMENTS.— 


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1 (1) IN GENERAL.—Section 9006(b) of the In2 ternal Revenue Code of 1986 is amended to read as 

3 follows: 

4 ‘‘(b) PAYMENTS FROM THE FUND.—If the Secretary 

5 of the Treasury receives a certification from the Commis6 sion under section 9005 for payment to the eligible can7 didates of a political party, the Secretary shall pay to such 

8 candidates out of the fund the amount certified by the 

9 Commission on the later of— 

10 ‘‘(1) the last Friday occurring before the first 

11 Monday in September; or 

12 ‘‘(2) 24 hours after receiving the certifications 

13 for the eligible candidates of all major political par14 ties. 

15 Amounts paid to any such candidates shall be under the 

16 control of such candidates.’’. 

17 (2) CONFORMING AMENDMENT.—The first sen18 tence of section 9006(c) of such Code is amended by 

19 striking ‘‘the time of a certification by the Commis20 sion under section 9005 for payment’’ and inserting 

21 ‘‘the time of making a payment under subsection 

22 (b)’’. 

23 (b) TIME FOR CERTIFICATION.—Section 9005(a) of 

24 the Internal Revenue Code of 1986 is amended by striking 

25 ‘‘10 days’’ and inserting ‘‘24 hours’’. 


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1 SEC. 2016. AMOUNTS IN PRESIDENTIAL ELECTION CAM2 PAIGN FUND. 

3 (a) DETERMINATION OF AMOUNTS IN FUND.—Sec4 tion 9006(c) of the Internal Revenue Code of 1986 is 

5 amended by adding at the end the following new sentence: 

6 ‘‘In making a determination of whether there are insuffi7 cient moneys in the fund for purposes of the previous sen8 tence, the Secretary shall take into account in determining 

9 the balance of the fund for a Presidential election year 

10 the Secretary’s best estimate of the amount of moneys 

11 which will be deposited into the fund during the year, ex12 cept that the amount of the estimate may not exceed the 

13 average of the annual amounts deposited in the fund dur14 ing the previous 3 years.’’. 

15 (b) SPECIAL RULE FOR FIRST CAMPAIGN CYCLE

16 UNDER THIS ACT.— 

17 (1) IN GENERAL.—Section 9006 of the Internal 

18 Revenue Code of 1986 is amended by adding at the 

19 end the following new subsection: 

20 ‘‘(d) SPECIAL AUTHORITY TO BORROW.— 

21 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

22 (c), there are authorized to be appropriated to the 

23 fund, as repayable advances, such sums as are nec24 essary to carry out the purposes of the fund during 

25 the period ending on the first presidential election 


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1 occurring after the date of the enactment of this 

2 subsection. 

3 ‘‘(2) REPAYMENT OF ADVANCES.— 

4 ‘‘(A) IN GENERAL.—Advances made to the 

5 fund shall be repaid, and interest on such ad6 vances shall be paid, to the general fund of the 

7 Treasury when the Secretary determines that 

8 moneys are available for such purposes in the 

9 fund. 

10 ‘‘(B) RATE OF INTEREST.—Interest on ad11 vances made to the fund shall be at a rate de12 termined by the Secretary of the Treasury (as 

13 of the close of the calendar month preceding the 

14 month in which the advance is made) to be 

15 equal to the current average market yield on 

16 outstanding marketable obligations of the 

17 United States with remaining periods to matu18 rity comparable to the anticipated period during 

19 which the advance will be outstanding and shall 

20 be compounded annually.’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by this subsection shall take effect January 1, 2018. 


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1 SEC. 2017. USE OF GENERAL ELECTION PAYMENTS FOR 

2 GENERAL ELECTION LEGAL AND ACCOUNT3 ING COMPLIANCE. 

4 Section 9002(11) of the Internal Revenue Code of 

5 1986 is amended by adding at the end the following new 

6 sentence: ‘‘For purposes of subparagraph (A), an expense 

7 incurred by a candidate or authorized committee for gen8 eral election legal and accounting compliance purposes 

9 shall be considered to be an expense to further the election 

10 of such candidate.’’. 

11 Subtitle B—Reforming Senate 

12 Election Financing 

13 PART I—FAIR ELECTIONS FINANCING OF SENATE 

14 ELECTION CAMPAIGNS 

15 Subpart A—Fair Elections Financing Program 

16 SEC. 2101. FINDINGS AND DECLARATIONS. 

17 (a) UNDERMINING OF DEMOCRACY BY CAMPAIGN

18 CONTRIBUTIONS FROM PRIVATE SOURCES.—The Senate 

19 finds and declares that the current system of privately fi20 nanced campaigns for election to the United States Senate 

21 has the capacity, and is often perceived by the public, to 

22 undermine democracy in the United States by— 

23 (1) creating a culture that fosters actual or per24 ceived conflicts of interest by encouraging Senators 

25 to accept large campaign contributions from private 


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1 interests that are directly affected by Federal legis2 lation; 

3 (2) diminishing or appearing to diminish Sen4 ators’ accountability to constituents by compelling 

5 legislators to be accountable to the major contribu6 tors who finance their election campaigns; 

7 (3) undermining the meaning of the right to 

8 vote by allowing monied interests to have a dis9 proportionate and unfair influence within the polit10 ical process; 

11 (4) imposing large, unwarranted costs on tax12 payers through legislative and regulatory distortions 

13 caused by unequal access to lawmakers for campaign 

14 contributors; 

15 (5) making it difficult for some qualified can16 didates to mount competitive Senate election cam17 paigns; 

18 (6) disadvantaging challengers and discouraging 

19 competitive elections; and 

20 (7) burdening incumbents with a preoccupation 

21 with fundraising and thus decreasing the time avail22 able to carry out their public responsibilities. 

23 (b) ENHANCEMENT OF DEMOCRACY BY PROVIDING

24 ALLOCATIONS FROM THE FAIR ELECTIONS FUND.—The 

25 Senate finds and declares that providing the option of the 


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1 replacement of large private campaign contributions with 

2 allocations from the Fair Elections Fund for all primary, 

3 runoff, and general elections to the Senate would enhance 

4 American democracy by— 

5 (1) reducing the actual or perceived conflicts of 

6 interest created by fully private financing of the elec7 tion campaigns of public officials and restoring pub8 lic confidence in the integrity and fairness of the 

9 electoral and legislative processes through a program 

10 which allows participating candidates to adhere to 

11 substantially lower contribution limits for contribu12 tors with an assurance that there will be sufficient 

13 funds for such candidates to run viable electoral 

14 campaigns; 

15 (2) increasing the public’s confidence in the ac16 countability of Senators to the constituents who elect 

17 them, which derives from the program’s qualifying 

18 criteria to participate in the voluntary program and 

19 the conclusions that constituents may draw regard20 ing candidates who qualify and participate in the 

21 program; 

22 (3) helping to reduce the ability to make large 

23 campaign contributions as a determinant of a citi24 zen’s influence within the political process by facili25 tating the expression of support by voters at every 


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1 level of wealth, encouraging political participation, 

2 and incentivizing participation on the part of Sen3 ators through the matching of small dollar contribu4 tions; 

5 (4) potentially saving taxpayers billions of dol6 lars that may be (or that are perceived to be) cur7 rently allocated based upon legislative and regu8 latory agendas skewed by the influence of campaign 

9 contributions; 

10 (5) creating genuine opportunities for all Amer11 icans to run for the Senate and encouraging more 

12 competitive elections; 

13 (6) encouraging participation in the electoral 

14 process by citizens of every level of wealth; and 

15 (7) freeing Senators from the incessant pre16 occupation with raising money, and allowing them 

17 more time to carry out their public responsibilities. 

18 SEC. 2102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF 

19 FAIR ELECTIONS FINANCING OF SENATE 

20 ELECTION CAMPAIGNS. 

21 The Federal Election Campaign Act of 1971 (52 

22 U.S.C. 30101 et seq.) is amended by adding at the end 

23 the following: 


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1 ‘‘TITLE V—FAIR ELECTIONS FI2 NANCING OF SENATE ELEC3 TION CAMPAIGNS 

4 ‘‘Subtitle A—General Provisions 

5 ‘‘SEC. 501. DEFINITIONS. 

6 ‘‘In this title: 

7 ‘‘(1) ALLOCATION FROM THE FUND.—The term 

8 ‘allocation from the Fund’ means an allocation of 

9 money from the Fair Elections Fund to a partici10 pating candidate pursuant to section 522. 

11 ‘‘(2) BOARD.—The term ‘Board’ means the 

12 Fair Elections Oversight Board established under 

13 section 531. 

14 ‘‘(3) FAIR ELECTIONS QUALIFYING PERIOD.— 

15 The term ‘Fair Elections qualifying period’ means, 

16 with respect to any candidate for Senator, the pe17 riod— 

18 ‘‘(A) beginning on the date on which the 

19 candidate files a statement of intent under sec20 tion 511(a)(1); and 

21 ‘‘(B) ending on the date that is 30 days 

22 before— 

23 ‘‘(i) the date of the primary election; 

24 or 


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1 ‘‘(ii) in the case of a State that does 

2 not hold a primary election, the date pre3 scribed by State law as the last day to 

4 qualify for a position on the general elec5 tion ballot. 

6 ‘‘(4) FAIR ELECTIONS START DATE.—The term 

7 ‘Fair Elections start date’ means, with respect to 

8 any candidate, the date that is 180 days before— 

9 ‘‘(A) the date of the primary election; or 

10 ‘‘(B) in the case of a State that does not 

11 hold a primary election, the date prescribed by 

12 State law as the last day to qualify for a posi13 tion on the general election ballot. 

14 ‘‘(5) FUND.—The term ‘Fund’ means the Fair 

15 Elections Fund established by section 502. 

16 ‘‘(6) IMMEDIATE FAMILY.—The term ‘imme17 diate family’ means, with respect to any candidate— 

18 ‘‘(A) the candidate’s spouse; 

19 ‘‘(B) a child, stepchild, parent, grand20 parent, brother, half-brother, sister, or half-sis21 ter of the candidate or the candidate’s spouse; 

22 and 

23 ‘‘(C) the spouse of any person described in 

24 subparagraph (B). 


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1 ‘‘(7) MATCHING CONTRIBUTION.—The term 

2 ‘matching contribution’ means a matching payment 

3 provided to a participating candidate for qualified 

4 small dollar contributions, as provided under section 

5 523. 

6 ‘‘(8) NONPARTICIPATING CANDIDATE.—The 

7 term ‘nonparticipating candidate’ means a candidate 

8 for Senator who is not a participating candidate. 

9 ‘‘(9) PARTICIPATING CANDIDATE.—The term 

10 ‘participating candidate’ means a candidate for Sen11 ator who is certified under section 515 as being eli12 gible to receive an allocation from the Fund. 

13 ‘‘(10) QUALIFYING CONTRIBUTION.—The term 

14 ‘qualifying contribution’ means, with respect to a 

15 candidate, a contribution that— 

16 ‘‘(A) is in an amount that is— 

17 ‘‘(i) not less than the greater of $5 or 

18 the amount determined by the Commission 

19 under section 531; and 

20 ‘‘(ii) not more than the greater of 

21 $150 or the amount determined by the 

22 Commission under section 531; 

23 ‘‘(B) is made by an individual— 


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•S 1880 IS

1 ‘‘(i) who is a resident of the State in 

2 which such candidate is seeking election; 

3 and 

4 ‘‘(ii) who is not otherwise prohibited 

5 from making a contribution under this Act; 

6 ‘‘(C) is made during the Fair Elections 

7 qualifying period; and 

8 ‘‘(D) meets the requirements of section 

9 512(b). 

10 ‘‘(11) QUALIFIED SMALL DOLLAR CONTRIBU11 TION.—The term ‘qualified small dollar contribution’ 

12 means, with respect to a candidate, any contribution 

13 (or series of contributions)— 

14 ‘‘(A) which is not a qualifying contribution 

15 (or does not include a qualifying contribution); 

16 ‘‘(B) which is made by an individual who 

17 is not prohibited from making a contribution 

18 under this Act; and 

19 ‘‘(C) the aggregate amount of which does 

20 not exceed the greater of— 

21 ‘‘(i) $150 per election; or 

22 ‘‘(ii) the amount per election deter23 mined by the Commission under section 

24 531. 


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1 ‘‘(12) QUALIFYING MULTICANDIDATE POLIT2 ICAL COMMITTEE CONTRIBUTION.— 

3 ‘‘(A) IN GENERAL.—The term ‘qualifying 

4 multicandidate political committee contribution’ 

5 means any contribution to a candidate that is 

6 made from a qualified account of a multi7 candidate political committee (within the mean8 ing of section 315(a)(2)). 

9 ‘‘(B) QUALIFIED ACCOUNT.—For purposes 

10 of subparagraph (A), the term ‘qualified ac11 count’ means, with respect to a multicandidate 

12 political committee, a separate, segregated ac13 count of the committee that consists solely of 

14 contributions which meet the following require15 ments: 

16 ‘‘(i) All contributions to such account 

17 are made by individuals who are not pro18 hibited from making contributions under 

19 this Act. 

20 ‘‘(ii) The aggregate amount of con21 tributions from each individual to such ac22 count and all other accounts of the polit23 ical committee do not exceed the amount 

24 described in paragraph (11)(C). 


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1 ‘‘SEC. 502. FAIR ELECTIONS FUND. 

2 ‘‘(a) ESTABLISHMENT.—There is established in the 

3 Treasury a fund to be known as the ‘Fair Elections Fund’. 

4 ‘‘(b) AMOUNTS HELD BY FUND.—The Fund shall 

5 consist of the following amounts: 

6 ‘‘(1) APPROPRIATED AMOUNTS.— 

7 ‘‘(A) IN GENERAL.—Amounts appropriated 

8 to the Fund. 

9 ‘‘(B) SENSE OF THE SENATE REGARDING

10 APPROPRIATIONS.—It is the sense of the Senate 

11 that— 

12 ‘‘(i) there should be imposed on any 

13 payment made to any person (other than a 

14 State or local government or a foreign na15 tion) who has a contract with the Govern16 ment of the United States in excess of 

17 $10,000,000 a tax equal to 0.50 percent of 

18 amount paid pursuant to each contract, ex19 cept that the aggregate tax on each con20 tract for any taxable year shall not exceed 

21 $500,000; and 

22 ‘‘(ii) the revenue from such tax should 

23 be appropriated to the Fund. 

24 ‘‘(2) VOLUNTARY CONTRIBUTIONS.—Voluntary 

25 contributions to the Fund. 


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1 ‘‘(3) OTHER DEPOSITS.—Amounts deposited 

2 into the Fund under— 

3 ‘‘(A) section 513(c) (relating to exceptions 

4 to contribution requirements); 

5 ‘‘(B) section 521(c) (relating to remittance 

6 of allocations from the Fund); 

7 ‘‘(C) section 533 (relating to violations); 

8 and 

9 ‘‘(D) any other section of this Act. 

10 ‘‘(4) INVESTMENT RETURNS.—Interest on, and 

11 the proceeds from, the sale or redemption of, any 

12 obligations held by the Fund under subsection (c). 

13 ‘‘(c) INVESTMENT.—The Commission shall invest 

14 portions of the Fund in obligations of the United States 

15 in the same manner as provided under section 9602(b) 

16 of the Internal Revenue Code of 1986. 

17 ‘‘(d) USE OF FUND.— 

18 ‘‘(1) IN GENERAL.—The sums in the Fund 

19 shall be used to provide benefits to participating 

20 candidates as provided in subtitle C. 

21 ‘‘(2) INSUFFICIENT AMOUNTS.—Under regula22 tions established by the Commission, rules similar to 

23 the rules of section 9006(c) of the Internal Revenue 

24 Code shall apply. 


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1 ‘‘Subtitle B—Eligibility and 

2 Certification 

3 ‘‘SEC. 511. ELIGIBILITY. 

4 ‘‘(a) IN GENERAL.—A candidate for Senator is eligi5 ble to receive an allocation from the Fund for any election 

6 if the candidate meets the following requirements: 

7 ‘‘(1) The candidate files with the Commission a 

8 statement of intent to seek certification as a partici9 pating candidate under this title during the period 

10 beginning on the Fair Elections start date and end11 ing on the last day of the Fair Elections qualifying 

12 period. 

13 ‘‘(2) The candidate meets the qualifying con14 tribution requirements of section 512. 

15 ‘‘(3) Not later than the last day of the Fair 

16 Elections qualifying period, the candidate files with 

17 the Commission an affidavit signed by the candidate 

18 and the treasurer of the candidate’s principal cam19 paign committee declaring that the candidate— 

20 ‘‘(A) has complied and, if certified, will 

21 comply with the contribution and expenditure 

22 requirements of section 513; 

23 ‘‘(B) if certified, will comply with the de24 bate requirements of section 514; 


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1 ‘‘(C) if certified, will not run as a non2 participating candidate during such year in any 

3 election for the office that such candidate is 

4 seeking; and 

5 ‘‘(D) has either qualified or will take steps 

6 to qualify under State law to be on the ballot. 

7 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub8 section (a), a candidate shall not be eligible to receive an 

9 allocation from the Fund for a general election or a gen10 eral runoff election unless the candidate’s party nominated 

11 the candidate to be placed on the ballot for the general 

12 election or the candidate otherwise qualified to be on the 

13 ballot under State law. 

14 ‘‘SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT. 

15 ‘‘(a) IN GENERAL.—A candidate for Senator meets 

16 the requirement of this section if, during the Fair Elec17 tions qualifying period, the candidate obtains— 

18 ‘‘(1) a number of qualifying contributions equal 

19 to the greater of— 

20 ‘‘(A) the sum of— 

21 ‘‘(i) 2,000; plus 

22 ‘‘(ii) 500 for each congressional dis23 trict in the State with respect to which the 

24 candidate is seeking election; or 


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•S 1880 IS

1 ‘‘(B) the amount determined by the Com2 mission under section 531; and 

3 ‘‘(2) a total dollar amount of qualifying con4 tributions equal to the greater of— 

5 ‘‘(A) 10 percent of the amount of the allo6 cation such candidate would be entitled to re7 ceive for the primary election under section 

8 522(c)(1) (determined without regard to para9 graph (5) thereof) if such candidate were a par10 ticipating candidate; or 

11 ‘‘(B) the amount determined by the Com12 mission under section 531. 

13 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

14 QUALIFYING CONTRIBUTION.—Each qualifying contribu15 tion— 

16 ‘‘(1) may be made by means of a personal 

17 check, money order, debit card, credit card, or elec18 tronic payment account; 

19 ‘‘(2) shall be accompanied by a signed state20 ment containing— 

21 ‘‘(A) the contributor’s name and the con22 tributor’s address in the State in which the con23 tributor is registered to vote; and 

24 ‘‘(B) an oath declaring that the contrib25 utor— 


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•S 1880 IS

1 ‘‘(i) understands that the purpose of 

2 the qualifying contribution is to show sup3 port for the candidate so that the can4 didate may qualify for Fair Elections fi5 nancing; 

6 ‘‘(ii) is making the contribution in his 

7 or her own name and from his or her own 

8 funds; 

9 ‘‘(iii) has made the contribution will10 ingly; and 

11 ‘‘(iv) has not received anything of 

12 value in return for the contribution; and 

13 ‘‘(3) shall be acknowledged by a receipt that is 

14 sent to the contributor with a copy kept by the can15 didate for the Commission and a copy kept by the 

16 candidate for the election authorities in the State 

17 with respect to which the candidate is seeking elec18 tion. 

19 ‘‘(c) VERIFICATION OF QUALIFYING CONTRIBU20 TIONS.—The Commission shall establish procedures for 

21 the auditing and verification of qualifying contributions to 

22 ensure that such contributions meet the requirements of 

23 this section. 


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1 ‘‘SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIRE2 MENTS. 

3 ‘‘(a) GENERAL RULE.—A candidate for Senator 

4 meets the requirements of this section if, during the elec5 tion cycle of the candidate, the candidate— 

6 ‘‘(1) except as provided in subsection (b), ac7 cepts no contributions other than— 

8 ‘‘(A) qualifying contributions; 

9 ‘‘(B) qualified small dollar contributions; 

10 ‘‘(C) qualifying multicandidate political 

11 committee contributions; 

12 ‘‘(D) allocations from the Fund under sec13 tion 522; 

14 ‘‘(E) matching contributions under section 

15 523; and 

16 ‘‘(F) vouchers provided to the candidate 

17 under section 524; 

18 ‘‘(2) makes no expenditures from any amounts 

19 other than from— 

20 ‘‘(A) qualifying contributions; 

21 ‘‘(B) qualified small dollar contributions; 

22 ‘‘(C) qualifying multicandidate political 

23 committee contributions; 

24 ‘‘(D) allocations from the Fund under sec25 tion 522; 


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•S 1880 IS

1 ‘‘(E) matching contributions under section 

2 523; and 

3 ‘‘(F) vouchers provided to the candidate 

4 under section 524; and 

5 ‘‘(3) makes no expenditures from personal 

6 funds or the funds of any immediate family member 

7 (other than funds received through qualified small 

8 dollar contributions and qualifying contributions). 

9 For purposes of this subsection, a payment made by a po10 litical party in coordination with a participating candidate 

11 shall not be treated as a contribution to or as an expendi12 ture made by the participating candidate. 

13 ‘‘(b) CONTRIBUTIONS FOR LEADERSHIP PACS, 

14 ETC.—A political committee of a participating candidate 

15 which is not an authorized committee of such candidate 

16 may accept contributions other than contributions de17 scribed in subsection (a)(1) from any person if— 

18 ‘‘(1) the aggregate contributions from such per19 son for any calendar year do not exceed $150; and 

20 ‘‘(2) no portion of such contributions is dis21 bursed in connection with the campaign of the par22 ticipating candidate. 

23 ‘‘(c) EXCEPTION.—Notwithstanding subsection (a), a 

24 candidate shall not be treated as having failed to meet 

25 the requirements of this section if any contributions that 


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•S 1880 IS

1 are not qualified small dollar contributions, qualifying con2 tributions, qualifying multicandidate political committee 

3 contributions, or contributions that meet the requirements 

4 of subsection (b) and that are accepted before the date 

5 the candidate files a statement of intent under section 

6 511(a)(1) are— 

7 ‘‘(1) returned to the contributor; or 

8 ‘‘(2) submitted to the Commission for deposit in 

9 the Fund. 

10 ‘‘SEC. 514. DEBATE REQUIREMENT. 

11 ‘‘A candidate for Senator meets the requirements of 

12 this section if the candidate participates in at least— 

13 ‘‘(1) 1 public debate before the primary election 

14 with other participating candidates and other willing 

15 candidates from the same party and seeking the 

16 same nomination as such candidate; and 

17 ‘‘(2) 2 public debates before the general election 

18 with other participating candidates and other willing 

19 candidates seeking the same office as such can20 didate. 

21 ‘‘SEC. 515. CERTIFICATION. 

22 ‘‘(a) IN GENERAL.—Not later than 5 days after a 

23 candidate for Senator files an affidavit under section 

24 511(a)(3), the Commission shall— 


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•S 1880 IS

1 ‘‘(1) certify whether or not the candidate is a 

2 participating candidate; and 

3 ‘‘(2) notify the candidate of the Commission’s 

4 determination. 

5 ‘‘(b) REVOCATION OF CERTIFICATION.— 

6 ‘‘(1) IN GENERAL.—The Commission may re7 voke a certification under subsection (a) if— 

8 ‘‘(A) a candidate fails to qualify to appear 

9 on the ballot at any time after the date of cer10 tification; or 

11 ‘‘(B) a candidate otherwise fails to comply 

12 with the requirements of this title, including 

13 any regulatory requirements prescribed by the 

14 Commission. 

15 ‘‘(2) REPAYMENT OF BENEFITS.—If certifi16 cation is revoked under paragraph (1), the candidate 

17 shall repay to the Fund an amount equal to the 

18 value of benefits received under this title plus inter19 est (at a rate determined by the Commission) on any 

20 such amount received. 

21 ‘‘Subtitle C—Benefits 

22 ‘‘SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES. 

23 ‘‘(a) IN GENERAL.—For each election with respect 

24 to which a candidate is certified as a participating can25 didate, such candidate shall be entitled to— 


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•S 1880 IS

1 ‘‘(1) an allocation from the Fund to make or 

2 obligate to make expenditures with respect to such 

3 election, as provided in section 522; 

4 ‘‘(2) matching contributions, as provided in sec5 tion 523; and 

6 ‘‘(3) for the general election, vouchers for 

7 broadcasts of political advertisements, as provided in 

8 section 524. 

9 ‘‘(b) RESTRICTION ON USES OF ALLOCATIONS FROM

10 THE FUND.—Allocations from the Fund received by a par11 ticipating candidate under section 522 and matching con12 tributions under section 523 may only be used for cam13 paign-related costs. 

14 ‘‘(c) REMITTING ALLOCATIONS FROM THE FUND.— 

15 ‘‘(1) IN GENERAL.—Not later than the date 

16 that is 45 days after an election in which the partici17 pating candidate appeared on the ballot, such par18 ticipating candidate shall remit to the Commission 

19 for deposit in the Fund an amount equal to the less20 er of— 

21 ‘‘(A) the amount of money in the can22 didate’s campaign account; or 

23 ‘‘(B) the sum of the allocations from the 

24 Fund received by the candidate under section 


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1 522 and the matching contributions received by 

2 the candidate under section 523. 

3 ‘‘(2) EXCEPTION.—In the case of a candidate 

4 who qualifies to be on the ballot for a primary run5 off election, a general election, or a general runoff 

6 election, the amounts described in paragraph (1) 

7 may be retained by the candidate and used in such 

8 subsequent election. 

9 ‘‘SEC. 522. ALLOCATIONS FROM THE FUND. 

10 ‘‘(a) IN GENERAL.—The Commission shall make allo11 cations from the Fund under section 521(a)(1) to a par12 ticipating candidate— 

13 ‘‘(1) in the case of amounts provided under 

14 subsection (c)(1), not later than 48 hours after the 

15 date on which such candidate is certified as a par16 ticipating candidate under section 515; 

17 ‘‘(2) in the case of a general election, not later 

18 than 48 hours after— 

19 ‘‘(A) the date of the certification of the re20 sults of the primary election or the primary 

21 runoff election; or 

22 ‘‘(B) in any case in which there is no pri23 mary election, the date the candidate qualifies 

24 to be placed on the ballot; and 


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1 ‘‘(3) in the case of a primary runoff election or 

2 a general runoff election, not later than 48 hours 

3 after the certification of the results of the primary 

4 election or the general election, as the case may be. 

5 ‘‘(b) METHOD OF PAYMENT.—The Commission shall 

6 distribute funds available to participating candidates 

7 under this section through the use of an electronic funds 

8 exchange or a debit card. 

9 ‘‘(c) AMOUNTS.— 

10 ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL

11 ALLOCATION.—Except as provided in paragraph (5), 

12 the Commission shall make an allocation from the 

13 Fund for a primary election to a participating can14 didate in an amount equal to 67 percent of the base 

15 amount with respect to such participating candidate. 

16 ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA17 TION.—The Commission shall make an allocation 

18 from the Fund for a primary runoff election to a 

19 participating candidate in an amount equal to 25 

20 percent of the amount the participating candidate 

21 was eligible to receive under this section for the pri22 mary election. 

23 ‘‘(3) GENERAL ELECTION ALLOCATION.—Ex24 cept as provided in paragraph (5), the Commission 

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1 eral election to a participating candidate in an 

2 amount equal to the base amount with respect to 

3 such candidate. 

4 ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA5 TION.—The Commission shall make an allocation 

6 from the Fund for a general runoff election to a par7 ticipating candidate in an amount equal to 25 per8 cent of the base amount with respect to such can9 didate. 

10 ‘‘(5) UNCONTESTED ELECTIONS.— 

11 ‘‘(A) IN GENERAL.—In the case of a pri12 mary or general election that is an uncontested 

13 election, the Commission shall make an alloca14 tion from the Fund to a participating candidate 

15 for such election in an amount equal to 25 per16 cent of the allocation which such candidate 

17 would be entitled to under this section for such 

18 election if this paragraph did not apply. 

19 ‘‘(B) UNCONTESTED ELECTION DE20 FINED.—For purposes of this subparagraph, an 

21 election is uncontested if not more than 1 can22 didate has campaign funds (including payments 

23 from the Fund) in an amount equal to or great24 er than 10 percent of the allocation a partici25 pating candidate would be entitled to receive 


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1 under this section for such election if this para2 graph did not apply. 

3 ‘‘(d) BASE AMOUNT.— 

4 ‘‘(1) IN GENERAL.—Except as otherwise pro5 vided in this subsection, the base amount for any 

6 candidate is an amount equal to the greater of— 

7 ‘‘(A) the sum of— 

8 ‘‘(i) $750,000; plus 

9 ‘‘(ii) $150,000 for each congressional 

10 district in the State with respect to which 

11 the candidate is seeking election; or 

12 ‘‘(B) the amount determined by the Com13 mission under section 531. 

14 ‘‘(2) INDEXING.—In each even-numbered year 

15 after 2021— 

16 ‘‘(A) each dollar amount under paragraph 

17 (1)(A) shall be increased by the percent dif18 ference between the price index (as defined in 

19 section 315(c)(2)(A)) for the 12 months pre20 ceding the beginning of such calendar year and 

21 the price index for calendar year 2020; 

22 ‘‘(B) each dollar amount so increased shall 

23 remain in effect for the 2-year period beginning 

24 on the first day following the date of the last 

25 general election in the year preceding the year 


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1 in which the amount is increased and ending on 

2 the date of the next general election; and 

3 ‘‘(C) if any amount after adjustment under 

4 subparagraph (A) is not a multiple of $100, 

5 such amount shall be rounded to the nearest 

6 multiple of $100. 

7 ‘‘SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL 

8 DOLLAR CONTRIBUTIONS. 

9 ‘‘(a) IN GENERAL.—The Commission shall pay to 

10 each participating candidate an amount equal to 600 per11 cent of the amount of qualified small dollar contributions 

12 received by the candidate from individuals who are resi13 dents of the State in which such participating candidate 

14 is seeking election after the date on which such candidate 

15 is certified under section 515. 

16 ‘‘(b) LIMITATION.—The aggregate payments under 

17 subsection (a) with respect to any candidate shall not ex18 ceed the greater of— 

19 ‘‘(1) 400 percent of the allocation such can20 didate is entitled to receive for such election under 

21 section 522 (determined without regard to sub22 section (c)(5) thereof); or 

23 ‘‘(2) the percentage of such allocation deter24 mined by the Commission under section 531. 


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1 ‘‘(c) TIME OF PAYMENT.—The Commission shall 

2 make payments under this section not later than 2 busi3 ness days after the receipt of a report made under sub4 section (d). 

5 ‘‘(d) REPORTS.— 

6 ‘‘(1) IN GENERAL.—Each participating can7 didate shall file reports of receipts of qualified small 

8 dollar contributions at such times and in such man9 ner as the Commission may by regulations prescribe. 

10 ‘‘(2) CONTENTS OF REPORTS.—Each report 

11 under this subsection shall disclose— 

12 ‘‘(A) the amount of each qualified small 

13 dollar contribution received by the candidate; 

14 ‘‘(B) the amount of each qualified small 

15 dollar contribution received by the candidate 

16 from a resident of the State in which the can17 didate is seeking election; and 

18 ‘‘(C) the name, address, and occupation of 

19 each individual who made a qualified small dol20 lar contribution to the candidate. 

21 ‘‘(3) FREQUENCY OF REPORTS.—Reports under 

22 this subsection shall be made no more frequently 

23 than— 

24 ‘‘(A) once every month until the date that 

25 is 90 days before the date of the election; 


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1 ‘‘(B) once every week after the period de2 scribed in subparagraph (A) and until the date 

3 that is 21 days before the election; and 

4 ‘‘(C) once every day after the period de5 scribed in subparagraph (B). 

6 ‘‘(4) LIMITATION ON REGULATIONS.—The 

7 Commission may not prescribe any regulations with 

8 respect to reporting under this subsection with re9 spect to any election after the date that is 180 days 

10 before the date of such election. 

11 ‘‘(e) APPEALS.—The Commission shall provide a 

12 written explanation with respect to any denial of any pay13 ment under this section and shall provide the opportunity 

14 for review and reconsideration within 5 business days of 

15 such denial. 

16 ‘‘SEC. 524. POLITICAL ADVERTISING VOUCHERS. 

17 ‘‘(a) IN GENERAL.—The Commission shall establish 

18 and administer a voucher program for the purchase of 

19 airtime on broadcasting stations for political advertise20 ments in accordance with the provisions of this section. 

21 ‘‘(b) CANDIDATES.—The Commission shall only dis22 burse vouchers under the program established under sub23 section (a) to participants certified pursuant to section 

24 515 who have agreed in writing to keep and furnish to 


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1 the Commission such records, books, and other informa2 tion as it may require. 

3 ‘‘(c) AMOUNTS.—The Commission shall disburse 

4 vouchers to each candidate certified under subsection (b) 

5 in an aggregate amount equal to the greater of— 

6 ‘‘(1) $100,000 multiplied by the number of con7 gressional districts in the State with respect to 

8 which such candidate is running for office; or 

9 ‘‘(2) the amount determined by the Commission 

10 under section 531. 

11 ‘‘(d) USE.— 

12 ‘‘(1) EXCLUSIVE USE.—Vouchers disbursed by 

13 the Commission under this section may be used only 

14 for the purchase of broadcast airtime for political 

15 advertisements relating to a general election for the 

16 office of Senate by the participating candidate to 

17 which the vouchers were disbursed, except that— 

18 ‘‘(A) a candidate may exchange vouchers 

19 with a political party under paragraph (2); and 

20 ‘‘(B) a political party may use vouchers 

21 only to purchase broadcast airtime for political 

22 advertisements for generic party advertising (as 

23 defined by the Commission in regulations), to 

24 support candidates for State or local office in a 

25 general election, or to support participating 


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1 candidates of the party in a general election for 

2 Federal office, but only if it discloses the value 

3 of the voucher used as an expenditure under 

4 section 315(d). 

5 ‘‘(2) EXCHANGE WITH POLITICAL PARTY COM6 MITTEE.— 

7 ‘‘(A) IN GENERAL.—A participating can8 didate who receives a voucher under this section 

9 may transfer the right to use all or a portion 

10 of the value of the voucher to a committee of 

11 the political party of which the individual is a 

12 candidate (or, in the case of a participating 

13 candidate who is not a member of any political 

14 party, to a committee of the political party of 

15 that candidate’s choice) in exchange for money 

16 in an amount equal to the cash value of the 

17 voucher or portion exchanged. 

18 ‘‘(B) CONTINUATION OF CANDIDATE OBLI19 GATIONS.—The transfer of a voucher, in whole 

20 or in part, to a political party committee under 

21 this paragraph does not release the candidate 

22 from any obligation under the agreement made 

23 under subsection (b) or otherwise modify that 

24 agreement or its application to that candidate. 


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1 ‘‘(C) PARTY COMMITTEE OBLIGATIONS.— 

2 Any political party committee to which a vouch3 er or portion thereof is transferred under sub4 paragraph (A)— 

5 ‘‘(i) shall account fully, in accordance 

6 with such requirements as the Commission 

7 may establish, for the receipt of the vouch8 er; and 

9 ‘‘(ii) may not use the transferred 

10 voucher or portion thereof for any purpose 

11 other than a purpose described in para12 graph (1)(B). 

13 ‘‘(D) VOUCHER AS A CONTRIBUTION

14 UNDER FECA.—If a candidate transfers a 

15 voucher or any portion thereof to a political 

16 party committee under subparagraph (A)— 

17 ‘‘(i) the value of the voucher or por18 tion thereof transferred shall be treated as 

19 a contribution from the candidate to the 

20 committee, and from the committee to the 

21 candidate, for purposes of sections 302 

22 and 304; 

23 ‘‘(ii) the committee may, in exchange, 

24 provide to the candidate only funds subject 

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1 ing requirements of title III of this Act; 

2 and 

3 ‘‘(iii) the amount, if identified as a 

4 ‘voucher exchange’, shall not be considered 

5 a contribution for the purposes of sections 

6 315 and 513. 

7 ‘‘(e) VALUE; ACCEPTANCE; REDEMPTION.— 

8 ‘‘(1) VOUCHER.—Each voucher disbursed by 

9 the Commission under this section shall have a value 

10 in dollars, redeemable upon presentation to the 

11 Commission, together with such documentation and 

12 other information as the Commission may require, 

13 for the purchase of broadcast airtime for political 

14 advertisements in accordance with this section. 

15 ‘‘(2) ACCEPTANCE.—A broadcasting station 

16 shall accept vouchers in payment for the purchase of 

17 broadcast airtime for political advertisements in ac18 cordance with this section. 

19 ‘‘(3) REDEMPTION.—The Commission shall re20 deem vouchers accepted by broadcasting stations 

21 under paragraph (2) upon presentation, subject to 

22 such documentation, verification, accounting, and 

23 application requirements as the Commission may im24 pose to ensure the accuracy and integrity of the 

25 voucher redemption system. 


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1 ‘‘(4) EXPIRATION.— 

2 ‘‘(A) CANDIDATES.—A voucher may only 

3 be used to pay for broadcast airtime for polit4 ical advertisements to be broadcast before mid5 night on the day before the date of the Federal 

6 election in connection with which it was issued 

7 and shall be null and void for any other use or 

8 purpose. 

9 ‘‘(B) EXCEPTION FOR POLITICAL PARTY

10 COMMITTEES.—A voucher held by a political 

11 party committee may be used to pay for broad12 cast airtime for political advertisements to be 

13 broadcast before midnight on December 31st of 

14 the odd-numbered year following the year in 

15 which the voucher was issued by the Commis16 sion. 

17 ‘‘(5) VOUCHER AS EXPENDITURE UNDER

18 FECA.—The use of a voucher to purchase broadcast 

19 airtime constitutes an expenditure as defined in sec20 tion 301(9)(A). 

21 ‘‘(f) DEFINITIONS.—In this section: 

22 ‘‘(1) BROADCASTING STATION.—The term 

23 ‘broadcasting station’ has the meaning given that 

24 term by section 315(f)(1) of the Communications 

25 Act of 1934. 


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1 ‘‘(2) POLITICAL PARTY.—The term ‘political 

2 party’ means a major party or a minor party as de3 fined in section 9002 (3) or (4) of the Internal Rev4 enue Code of 1986 (26 U.S.C. 9002 (3) or (4)). 

5 ‘‘Subtitle D—Administrative 

6 Provisions 

7 ‘‘SEC. 531. FAIR ELECTIONS OVERSIGHT BOARD. 

8 ‘‘(a) ESTABLISHMENT.—There is established within 

9 the Federal Election Commission an entity to be known 

10 as the ‘Fair Elections Oversight Board’. 

11 ‘‘(b) STRUCTURE AND MEMBERSHIP.— 

12 ‘‘(1) IN GENERAL.—The Board shall be com13 posed of 5 members appointed by the President by 

14 and with the advice and consent of the Senate, of 

15 whom— 

16 ‘‘(A) 2 shall be appointed after consulta17 tion with the majority leader of the Senate; 

18 ‘‘(B) 2 shall be appointed after consulta19 tion with the minority leader of the Senate; and 

20 ‘‘(C) 1 shall be appointed upon the rec21 ommendation of the members appointed under 

22 subparagraphs (A) and (B). 

23 ‘‘(2) QUALIFICATIONS.— 

24 ‘‘(A) IN GENERAL.—The members shall be 

25 individuals who are nonpartisan and, by reason 


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1 of their education, experience, and attainments, 

2 exceptionally qualified to perform the duties of 

3 members of the Board. 

4 ‘‘(B) PROHIBITION.—No member of the 

5 Board may be— 

6 ‘‘(i) an employee of the Federal Gov7 ernment; 

8 ‘‘(ii) a registered lobbyist; or 

9 ‘‘(iii) an officer or employee of a polit10 ical party or political campaign. 

11 ‘‘(3) DATE.—Members of the Board shall be 

12 appointed not later than 60 days after the date of 

13 the enactment of this Act. 

14 ‘‘(4) TERMS.—A member of the Board shall be 

15 appointed for a term of 5 years. 

16 ‘‘(5) VACANCIES.—A vacancy on the Board 

17 shall be filled not later than 30 calendar days after 

18 the date on which the Board is given notice of the 

19 vacancy, in the same manner as the original ap20 pointment. The individual appointed to fill the va21 cancy shall serve only for the unexpired portion of 

22 the term for which the individual’s predecessor was 

23 appointed. 


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1 ‘‘(6) CHAIRPERSON.—The Board shall des2 ignate a Chairperson from among the members of 

3 the Board. 

4 ‘‘(c) DUTIES AND POWERS.— 

5 ‘‘(1) ADMINISTRATION.— 

6 ‘‘(A) IN GENERAL.—The Board shall have 

7 such duties and powers as the Commission may 

8 prescribe, including the power to administer the 

9 provisions of this title. 

10 ‘‘(2) REVIEW OF FAIR ELECTIONS FINANC11 ING.— 

12 ‘‘(A) IN GENERAL.—After each general 

13 election for Federal office, the Board shall con14 duct a comprehensive review of the Fair Elec15 tions financing program under this title, includ16 ing— 

17 ‘‘(i) the maximum dollar amount of 

18 qualified small dollar contributions under 

19 section 501(11); 

20 ‘‘(ii) the maximum and minimum dol21 lar amounts for qualifying contributions 

22 under section 501(10); 

23 ‘‘(iii) the number and value of quali24 fying contributions a candidate is required 


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1 to obtain under section 512 to qualify for 

2 allocations from the Fund; 

3 ‘‘(iv) the amount of allocations from 

4 the Fund that candidates may receive 

5 under section 522; 

6 ‘‘(v) the maximum amount of match7 ing contributions a candidate may receive 

8 under section 523; 

9 ‘‘(vi) the amount and usage of vouch10 ers under section 524; 

11 ‘‘(vii) the overall satisfaction of par12 ticipating candidates and the American 

13 public with the program; and 

14 ‘‘(viii) such other matters relating to 

15 financing of Senate campaigns as the 

16 Board determines are appropriate. 

17 ‘‘(B) CRITERIA FOR REVIEW.—In con18 ducting the review under subparagraph (A), the 

19 Board shall consider the following: 

20 ‘‘(i) QUALIFYING CONTRIBUTIONS

21 AND QUALIFIED SMALL DOLLAR CON22 TRIBUTIONS.—The Board shall consider 

23 whether the number and dollar amount of 

24 qualifying contributions required and max25 imum dollar amount for such qualifying 


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1 contributions and qualified small dollar 

2 contributions strikes a balance regarding 

3 the importance of voter involvement, the 

4 need to assure adequate incentives for par5 ticipating, and fiscal responsibility, taking 

6 into consideration the number of primary 

7 and general election participating can8 didates, the electoral performance of those 

9 candidates, program cost, and any other 

10 information the Board determines is ap11 propriate. 

12 ‘‘(ii) REVIEW OF PROGRAM BENE13 FITS.—The Board shall consider whether 

14 the totality of the amount of funds allowed 

15 to be raised by participating candidates 

16 (including through qualifying contributions 

17 and small dollar contributions), allocations 

18 from the Fund under section 522, match19 ing contributions under section 523, and 

20 vouchers under section 524 are sufficient 

21 for voters in each State to learn about the 

22 candidates to cast an informed vote, taking 

23 into account the historic amount of spend24 ing by winning candidates, media costs, 

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1 formation the Board determines is appro2 priate. 

3 ‘‘(C) ADJUSTMENT OF AMOUNTS.— 

4 ‘‘(i) IN GENERAL.—Based on the re5 view conducted under subparagraph (A), 

6 the Board shall provide for the adjust7 ments of the following amounts: 

8 ‘‘(I) The maximum dollar 

9 amount of qualified small dollar con10 tributions under section 501(11)(C). 

11 ‘‘(II) The maximum and min12 imum dollar amounts for qualifying 

13 contributions under section 

14 501(10)(A). 

15 ‘‘(III) The number and value of 

16 qualifying contributions a candidate is 

17 required to obtain under section 

18 512(a)(1). 

19 ‘‘(IV) The base amount for can20 didates under section 522(d). 

21 ‘‘(V) The maximum amount of 

22 matching contributions a candidate 

23 may receive under section 523(b). 

24 ‘‘(VI) The dollar amount for 

25 vouchers under section 524(c). 


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1 ‘‘(ii) REGULATIONS.—The Commis2 sion shall promulgate regulations providing 

3 for the adjustments made by the Board 

4 under clause (i). 

5 ‘‘(D) REPORT.—Not later than March 30 

6 following any general election for Federal office, 

7 the Board shall submit a report to Congress on 

8 the review conducted under paragraph (1). 

9 Such report shall contain a detailed statement 

10 of the findings, conclusions, and recommenda11 tions of the Board based on such review. 

12 ‘‘(d) MEETINGS AND HEARINGS.— 

13 ‘‘(1) MEETINGS.—The Board may hold such 

14 hearings, sit and act at such times and places, take 

15 such testimony, and receive such evidence as the 

16 Board considers advisable to carry out the purposes 

17 of this Act. 

18 ‘‘(2) QUORUM.—Three members of the Board 

19 shall constitute a quorum for purposes of voting, but 

20 a quorum is not required for members to meet and 

21 hold hearings. 

22 ‘‘(e) REPORTS.—Not later than March 30, 2019, and 

23 every 2 years thereafter, the Board shall submit to the 

24 Senate Committee on Rules and Administration a report 

25 documenting, evaluating, and making recommendations 


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1 relating to the administrative implementation and enforce2 ment of the provisions of this title. 

3 ‘‘(f) ADMINISTRATION.— 

4 ‘‘(1) COMPENSATION OF MEMBERS.— 

5 ‘‘(A) IN GENERAL.—Each member, other 

6 than the Chairperson, shall be paid at a rate 

7 equal to the daily equivalent of the minimum 

8 annual rate of basic pay prescribed for level IV 

9 of the Executive Schedule under section 5315 

10 of title 5, United States Code. 

11 ‘‘(B) CHAIRPERSON.—The Chairperson 

12 shall be paid at a rate equal to the daily equiva13 lent of the minimum annual rate of basic pay 

14 prescribed for level III of the Executive Sched15 ule under section 5314 of title 5, United States 

16 Code. 

17 ‘‘(2) PERSONNEL.— 

18 ‘‘(A) DIRECTOR.—The Board shall have a 

19 staff headed by an Executive Director. The Ex20 ecutive Director shall be paid at a rate equiva21 lent to a rate established for the Senior Execu22 tive Service under section 5382 of title 5, 

23 United States Code. 

24 ‘‘(B) STAFF APPOINTMENT.—With the ap25 proval of the Chairperson, the Executive DirecVerDate Sep 11 2014 02:56 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00257 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880

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1 tor may appoint such personnel as the Execu2 tive Director and the Board determines to be 

3 appropriate. 

4 ‘‘(C) ACTUARIAL EXPERTS AND CONSULT5 ANTS.—With the approval of the Chairperson, 

6 the Executive Director may procure temporary 

7 and intermittent services under section 3109(b) 

8 of title 5, United States Code. 

9 ‘‘(D) DETAIL OF GOVERNMENT EMPLOY10 EES.—Upon the request of the Chairperson, the 

11 head of any Federal agency may detail, without 

12 reimbursement, any of the personnel of such 

13 agency to the Board to assist in carrying out 

14 the duties of the Board. Any such detail shall 

15 not interrupt or otherwise affect the civil service 

16 status or privileges of the Federal employee. 

17 ‘‘(E) OTHER RESOURCES.—The Board 

18 shall have reasonable access to materials, re19 sources, statistical data, and other information 

20 from the Library of Congress and other agen21 cies of the executive and legislative branches of 

22 the Federal Government. The Chairperson of 

23 the Board shall make requests for such access 

24 in writing when necessary. 


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1 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as are nec3 essary to carry out the purposes of this subtitle. 

4 ‘‘SEC. 532. ADMINISTRATION PROVISIONS. 

5 ‘‘The Commission shall prescribe regulations to carry 

6 out the purposes of this title, including regulations— 

7 ‘‘(1) to establish procedures for— 

8 ‘‘(A) verifying the amount of valid quali9 fying contributions with respect to a candidate; 

10 ‘‘(B) effectively and efficiently monitoring 

11 and enforcing the limits on the raising of quali12 fied small dollar contributions; 

13 ‘‘(C) monitoring the raising of qualifying 

14 multicandidate political committee contributions 

15 through effectively and efficiently monitoring 

16 and enforcing the limits on individual contribu17 tions to qualified accounts of multicandidate po18 litical committees; 

19 ‘‘(D) effectively and efficiently monitoring 

20 and enforcing the limits on the use of personal 

21 funds by participating candidates; 

22 ‘‘(E) monitoring the use of allocations 

23 from the Fund and matching contributions 

24 under this title through audits or other mecha25 nisms; and 


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1 ‘‘(F) the administration of the voucher 

2 program under section 524; and 

3 ‘‘(2) regarding the conduct of debates in a man4 ner consistent with the best practices of States that 

5 provide public financing for elections. 

6 ‘‘SEC. 533. VIOLATIONS AND PENALTIES. 

7 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU8 TION AND EXPENDITURE REQUIREMENTS.—If a can9 didate who has been certified as a participating candidate 

10 under section 515(a) accepts a contribution or makes an 

11 expenditure that is prohibited under section 513, the Com12 mission shall assess a civil penalty against the candidate 

13 in an amount that is not more than 3 times the amount 

14 of the contribution or expenditure. Any amounts collected 

15 under this subsection shall be deposited into the Fund. 

16 ‘‘(b) REPAYMENT FOR IMPROPER USE OF FAIR

17 ELECTIONS FUND.— 

18 ‘‘(1) IN GENERAL.—If the Commission deter19 mines that any benefit made available to a partici20 pating candidate under this title was not used as 

21 provided for in this title or that a participating can22 didate has violated any of the dates for remission of 

23 funds contained in this title, the Commission shall 

24 so notify the candidate and the candidate shall pay 

25 to the Fund an amount equal to— 


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1 ‘‘(A) the amount of benefits so used or not 

2 remitted, as appropriate; and 

3 ‘‘(B) interest on any such amounts (at a 

4 rate determined by the Commission). 

5 ‘‘(2) OTHER ACTION NOT PRECLUDED.—Any 

6 action by the Commission in accordance with this 

7 subsection shall not preclude enforcement pro8 ceedings by the Commission in accordance with sec9 tion 309(a), including a referral by the Commission 

10 to the Attorney General in the case of an apparent 

11 knowing and willful violation of this title.’’. 

12 SEC. 2103. EXCEPTION TO LIMITATION ON COORDINATED 

13 EXPENDITURES BY POLITICAL PARTY COM14 MITTEES WITH PARTICIPATING CANDIDATES. 

15 Section 315(d) of the Federal Election Campaign Act 

16 of 1971 (52 U.S.C. 30116(d)) is amended— 

17 (1) in paragraph (3)(A), by striking ‘‘in the 

18 case of’’ and inserting ‘‘except as provided in para19 graph (5), in the case of’’; and 

20 (2) by adding at the end the following new 

21 paragraph: 

22 ‘‘(6)(A) The limitation under paragraph (3)(A) shall 

23 not apply with respect to any expenditure from a qualified 

24 political party-participating candidate coordinated expend25 iture fund. 


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1 ‘‘(B) In this paragraph, the term ‘qualified political 

2 party-participating candidate coordinated expenditure 

3 fund’ means a fund established by the national committee 

4 of a political party, or a State committee of a political 

5 party, including any subordinate committee of a State 

6 committee, for purposes of making expenditures in connec7 tion with the general election campaign of a candidate for 

8 election to the office of Senator who is a participating can9 didate (as defined in section 501), that only accepts quali10 fied coordinated expenditure contributions. 

11 ‘‘(C) In this paragraph, the term ‘qualified coordi12 nated expenditure contribution’ means, with respect to the 

13 general election campaign of a candidate for election to 

14 the office of Senator who is a participating candidate (as 

15 defined in section 501), any contribution (or series of con16 tributions)— 

17 ‘‘(i) which is made by an individual who is not 

18 prohibited from making a contribution under this 

19 Act; and 

20 ‘‘(ii) the aggregate amount of which does not 

21 exceed $500 per election.’’. 


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1 Subpart B—Improving Voter Information 

2 SEC. 2111. BROADCASTS RELATING TO ALL SENATE CAN3 DIDATES. 

4 (a) LOWEST UNIT CHARGE; NATIONAL COMMIT5 TEES.—Section 315(b)(1) of the Communications Act of 

6 1934 (47 U.S.C. 315(b)(1)) is amended— 

7 (1) in the matter preceding subparagraph (A), 

8 by striking ‘‘to such office’’ and inserting the fol9 lowing: ‘‘to such office, or by a national committee 

10 of a political party on behalf of such candidate in 

11 connection with such campaign,’’; and 

12 (2) in subparagraph (A), by inserting ‘‘for 

13 preemptible use thereof’’ after ‘‘station’’. 

14 (b) PREEMPTION; AUDITS.—Section 315 of the Com15 munications Act of 1934 (47 U.S.C. 315) is amended— 

16 (1) by redesignating subsections (c) and (d) as 

17 subsections (f) and (g), respectively and moving 

18 them to follow the existing subsection (e); 

19 (2) by redesignating the existing subsection (e) 

20 as subsection (c); and 

21 (3) by inserting after subsection (c) (as redesig22 nated by paragraph (2)) the following: 

23 ‘‘(d) PREEMPTION.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), and notwithstanding the requirements of 

26 subsection (b)(1)(A), a licensee shall not preempt 


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1 the use of a broadcasting station by a legally quali2 fied candidate for Senate who has purchased and 

3 paid for such use. 

4 ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI5 CENSEE.—If a program to be broadcast by a broad6 casting station is preempted because of cir7 cumstances beyond the control of the station, any 

8 candidate or party advertising spot scheduled to be 

9 broadcast during that program shall be treated in 

10 the same fashion as a comparable commercial adver11 tising spot. 

12 ‘‘(e) AUDITS.—During the 30-day period preceding 

13 a primary or primary runoff election and the 60-day pe14 riod preceding a general or special election, the Commis15 sion shall conduct such audits as it deems necessary to 

16 ensure that each licensee to which this section applies is 

17 allocating television broadcast advertising time in accord18 ance with this section and section 312.’’. 

19 (c) REVOCATION OF LICENSE FOR FAILURE TO PER20 MIT ACCESS.—Section 312(a)(7) of the Communications 

21 Act of 1934 (47 U.S.C. 312(a)(7)) is amended— 

22 (1) by striking ‘‘or repeated’’; 

23 (2) by inserting ‘‘or cable system’’ after ‘‘broad24 casting station’’; and 


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1 (3) by striking ‘‘his candidacy’’ and inserting 

2 ‘‘the candidacy of the candidate, under the same 

3 terms, conditions, and business practices as apply to 

4 the most favored advertiser of the licensee’’. 

5 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

6 Section 315 of the Communications Act of 1934 (47 

7 U.S.C. 315) is amended— 

8 (1) in subsection (f), as redesignated by sub9 section (b)(1)— 

10 (A) in the matter preceding paragraph (1), 

11 by striking ‘‘For purposes of this section—’’ 

12 and inserting the following: ‘‘DEFINITIONS.— 

13 For purposes of this section:’’; 

14 (B) in paragraph (1)— 

15 (i) by striking ‘‘the term’’ and insert16 ing ‘‘BROADCASTING STATION.—The 

17 term’’; and 

18 (ii) by striking ‘‘; and’’ and inserting 

19 a period; and 

20 (C) in paragraph (2), by striking ‘‘the 

21 terms’’ and inserting ‘‘LICENSEE; STATION LI22 CENSEE.—The terms’’; and 

23 (2) in subsection (g), as redesignated by sub24 section (b)(1), by striking ‘‘The Commission’’ and 

25 inserting ‘‘REGULATIONS.—The Commission’’. 


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1 SEC. 2112. BROADCAST RATES FOR PARTICIPATING CAN2 DIDATES. 

3 Section 315(b) of the Communications Act of 1934 

4 (47 U.S.C. 315(b)), as amended by section 2111, is 

5 amended— 

6 (1) in paragraph (1)(A), by striking ‘‘paragraph 

7 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(3) PARTICIPATING CANDIDATES.—In the case 

10 of a participating candidate (as defined in section 

11 501(9) of the Federal Election Campaign Act of 

12 1971), the charges made for the use of any broad13 casting station for a television broadcast shall not 

14 exceed 80 percent of the lowest charge described in 

15 paragraph (1)(A) during— 

16 ‘‘(A) the 45 days preceding the date of a 

17 primary or primary runoff election in which the 

18 candidate is opposed; and 

19 ‘‘(B) the 60 days preceding the date of a 

20 general or special election in which the can21 didate is opposed. 

22 ‘‘(4) RATE CARDS.—A licensee shall provide to 

23 a candidate for Senate a rate card that discloses— 

24 ‘‘(A) the rate charged under this sub25 section; and 


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1 ‘‘(B) the method that the licensee uses to 

2 determine the rate charged under this sub3 section.’’. 

4 SEC. 2113. FCC TO PRESCRIBE STANDARDIZED FORM FOR 

5 REPORTING CANDIDATE CAMPAIGN ADS. 

6 (a) IN GENERAL.—Not later than 90 days after the 

7 date of enactment of this Act, the Federal Communica8 tions Commission shall initiate a rulemaking proceeding 

9 to establish a standardized form to be used by each broad10 casting station, as defined in section 315(f) of the Com11 munications Act of 1934 (47 U.S.C. 315(f)) (as redesig12 nated by section 2111(b)(1)), to record and report the 

13 purchase of advertising time by or on behalf of a candidate 

14 for nomination for election, or for election, to Federal elec15 tive office. 

16 (b) CONTENTS.—The form prescribed by the Federal 

17 Communications Commission under subsection (a) shall 

18 require a broadcasting station to report to the Federal 

19 Communications Commission and to the Federal Election 

20 Commission, at a minimum— 

21 (1) the station call letters and mailing address; 

22 (2) the name and telephone number of the sta23 tion’s sales manager (or individual with responsi24 bility for advertising sales); 


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1 (3) the name of the candidate who purchased 

2 the advertising time, or on whose behalf the adver3 tising time was purchased, and the Federal elective 

4 office for which he or she is a candidate; 

5 (4) the name, mailing address, and telephone 

6 number of the person responsible for purchasing 

7 broadcast political advertising for the candidate; 

8 (5) notation as to whether the purchase agree9 ment for which the information is being reported is 

10 a draft or final version; and 

11 (6) with respect to the advertisement— 

12 (A) the date and time of the broadcast; 

13 (B) the program in which the advertise14 ment was broadcast; and 

15 (C) the length of the broadcast airtime. 

16 (c) INTERNET ACCESS.—In its rulemaking under 

17 subsection (a), the Federal Communications Commission 

18 shall require any broadcasting station required to file a 

19 report under this section that maintains an Internet 

20 website to make available a link to each such report on 

21 that website. 


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1 PART II—RESPONSIBILITIES OF THE FEDERAL 

2 ELECTION COMMISSION 

3 SEC. 2121. PETITION FOR CERTIORARI. 

4 Section 307(a)(6) of the Federal Election Campaign 

5 Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in6 serting ‘‘(including a proceeding before the Supreme 

7 Court on certiorari)’’ after ‘‘appeal’’. 

8 SEC. 2122. ELECTRONIC FILING OF FEC REPORTS. 

9 Section 304(a)(11) of the Federal Election Campaign 

10 Act of 1971 (52 U.S.C. 30104(a)(11)) is amended— 

11 (1) in subparagraph (A), by striking ‘‘under 

12 this Act—’’ and all that follows and inserting 

13 ‘‘under this Act shall be required to maintain and 

14 file such designation, statement, or report in elec15 tronic form accessible by computers.’’; 

16 (2) in subparagraph (B), by striking ‘‘48 

17 hours’’ and all that follows through ‘‘filed electroni18 cally)’’ and inserting ‘‘24 hours’’; and 

19 (3) by striking subparagraph (D). 

20 PART III—PARTICIPATION IN FUNDING OF 

21 ELECTIONS 

22 SEC. 2131. REFUNDABLE TAX CREDIT FOR SENATE CAM23 PAIGN CONTRIBUTIONS. 

24 (a) IN GENERAL.—Subpart C of part IV of sub25 chapter A of chapter 1 of the Internal Revenue Code of 


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1 1986 (relating to refundable credits) is amended by insert2 ing after section 36B the following new section: 

3 ‘‘SEC. 36C. CREDIT FOR SENATE CAMPAIGN CONTRIBU4 TIONS. 

5 ‘‘(a) IN GENERAL.—In the case of an individual, 

6 there shall be allowed as a credit against the tax imposed 

7 by this subtitle an amount equal to 50 percent of the 

8 qualified My Voice Federal Senate campaign contributions 

9 paid or incurred by the taxpayer during the taxable year. 

10 ‘‘(b) LIMITATIONS.— 

11 ‘‘(1) DOLLAR LIMITATION.—The amount of 

12 qualified My Voice Federal Senate campaign con13 tributions taken into account under subsection (a) 

14 for the taxable year shall not exceed $50 (twice such 

15 amount in the case of a joint return). 

16 ‘‘(2) LIMITATION ON CONTRIBUTIONS TO FED17 ERAL SENATE CANDIDATES.—No credit shall be al18 lowed under this section to any taxpayer for any tax19 able year if such taxpayer made aggregate contribu20 tions in excess of $300 during the taxable year to— 

21 ‘‘(A) any single Federal Senate candidate, 

22 or 

23 ‘‘(B) any political committee established 

24 and maintained by a national political party. 


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1 ‘‘(3) PROVISION OF INFORMATION.—No credit 

2 shall be allowed under this section to any taxpayer 

3 unless the taxpayer provides the Secretary with such 

4 information as the Secretary may require to verify 

5 the taxpayer’s eligibility for the credit and the 

6 amount of the credit for the taxpayer. 

7 ‘‘(c) QUALIFIED MY VOICE FEDERAL SENATE CON8 TRIBUTIONS.—For purposes of this section, the term ‘My 

9 Voice Federal Senate campaign contribution’ means any 

10 contribution of cash by an individual to a Federal Senate 

11 candidate or to a political committee established and 

12 maintained by a national political party if such contribu13 tion is not prohibited under the Federal Election Cam14 paign Act of 1971. 

15 ‘‘(d) FEDERAL SENATE CANDIDATE.—For purposes 

16 of this section— 

17 ‘‘(1) IN GENERAL.—The term ‘Federal Senate 

18 candidate’ means any candidate for election to the 

19 office of Senator. 

20 ‘‘(2) TREATMENT OF AUTHORIZED COMMIT21 TEES.—Any contribution made to an authorized 

22 committee of a Federal Senate candidate shall be 

23 treated as made to such candidate. 

24 ‘‘(e) INFLATION ADJUSTMENT.— 


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1 ‘‘(1) IN GENERAL.—In the case of a taxable 

2 year beginning after 2019, the $50 amount under 

3 subsection (b)(1) shall be increased by an amount 

4 equal to— 

5 ‘‘(A) such dollar amount, multiplied by 

6 ‘‘(B) the cost-of-living adjustment deter7 mined under section 1(f)(3) for the calendar 

8 year in which the taxable year begins, deter9 mined by substituting ‘calendar year 2018’ for 

10 ‘calendar year 1992’ in subparagraph (B) 

11 thereof. 

12 ‘‘(2) ROUNDING.—If any amount as adjusted 

13 under subparagraph (A) is not a multiple of $5, 

14 such amount shall be rounded to the nearest mul15 tiple of $5.’’. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) Section 6211(b)(4)(A) of such Code is 

18 amended by inserting ‘‘36C,’’ after ‘‘36B,’’. 

19 (2) Section 1324(b)(2) of title 31, United 

20 States Code, is amended by inserting ‘‘36C,’’ after 

21 ‘‘36B,’’. 

22 (3) The table of sections for subpart C of part 

23 IV of subchapter A of chapter 1 of the Internal Rev24 enue Code of 1986 is amended by inserting after the 

25 item relating to section 36B the following new item: 

‘‘Sec. 36C. Credit for Senate campaign contributions.’’. 


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1 (c) FORMS.—The Secretary of the Treasury, or his 

2 designee, shall ensure that the credit for contributions to 

3 Federal Senate candidates allowed under section 36C of 

4 the Internal Revenue Code of 1986, as added by this sec5 tion, may be claimed on Forms 1040EZ and 1040A. 

6 (d) ADMINISTRATION.—At the request of the Sec7 retary of the Treasury, the Federal Election Commission 

8 shall provide the Secretary of the Treasury with such in9 formation and other assistance as the Secretary may rea10 sonably require to administer the credit allowed under sec11 tion 36C of the Internal Revenue Code of 1986, as added 

12 by this section. 

13 (e) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply to taxable years beginning after 

15 December 31, 2018. 

16 PART IV—REVENUE PROVISIONS 

17 SEC. 2141. FAIR ELECTIONS FUND REVENUE. 

18 (a) IN GENERAL.—The Internal Revenue Code of 

19 1986 is amended by inserting after chapter 36 the fol20 lowing new chapter: 

21 ‘‘CHAPTER 37—TAX ON PAYMENTS PURSU22 ANT TO CERTAIN GOVERNMENT CON23 TRACTS 

‘‘Sec. 4501. Imposition of tax. 


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1 ‘‘SEC. 4501. IMPOSITION OF TAX. 

2 ‘‘(a) TAX IMPOSED.—There is hereby imposed on any 

3 payment made to a qualified person pursuant to a contract 

4 with the Government of the United States a tax equal to 

5 0.50 percent of the amount paid. 

6 ‘‘(b) LIMITATION.—The aggregate amount of tax im7 posed per contract under subsection (a) for any calendar 

8 year shall not exceed $500,000. 

9 ‘‘(c) QUALIFIED PERSON.—For purposes of this sec10 tion, the term ‘qualified person’ means any person 

11 which— 

12 ‘‘(1) is not a State or local government, a for13 eign nation, or an organization described in section 

14 501(c)(3) which is exempt from taxation under sec15 tion 501(a), and 

16 ‘‘(2) has a contract with the Government of the 

17 United States with a value in excess of $10,000,000. 

18 ‘‘(d) PAYMENT OF TAX.—The tax imposed by this 

19 section shall be paid by the person receiving such payment. 

20 ‘‘(e) USE OF REVENUE GENERATED BY TAX.—It is 

21 the sense of the Senate that amounts equivalent to the 

22 revenue generated by the tax imposed under this chapter 

23 should be appropriated for the financing of a Fair Elec24 tions Fund and used for the public financing of Senate 

25 elections.’’. 


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1 (b) CONFORMING AMENDMENT.—The table of chap2 ters of the Internal Revenue Code of 1986 is amended by 

3 inserting after the item relating to chapter 36 the fol4 lowing: 

‘‘CHAPTER 37—TAX ON PAYMENTS PURSUANT TO CERTAIN GOVERNMENT

CONTRACTS’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall apply to contracts entered into after the 

7 date of the enactment of this Act. 

8 PART V—EFFECTIVE DATE 

9 SEC. 2151. EFFECTIVE DATE. 

10 Except as otherwise provided for in this subtitle, this 

11 subtitle and the amendments made by this subtitle shall 

12 take effect on January 1, 2019. 

13 TITLE III—REDISTRICTING 

14 SEC. 3001. SHORT TITLE. 

15 This title may be cited as the ‘‘Redistricting Reform 

16 Act’’. 

17 SEC. 3002. FINDING OF CONSTITUTIONAL AUTHORITY. 

18 Congress finds that it has the authority to establish 

19 the terms and conditions States must follow in carrying 

20 out Congressional redistricting after an apportionment of 

21 Members of the House of Representatives because— 

22 (1) the authority granted to Congress under ar23 ticle I, section 4 of the Constitution of the United 

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1 erning the time, place, and manner of elections for 

2 Members of the House of Representatives; and 

3 (2) the authority granted to Congress under 

4 section 5 of the fourteenth amendment to the Con5 stitution gives Congress the power to enact laws to 

6 enforce section 2 of such amendment, which requires 

7 Representatives to be apportioned among the several 

8 States according to their number. 

9 Subtitle A—Requirements for 

10 Congressional Redistricting 

11 SEC. 3101. LIMIT ON CONGRESSIONAL REDISTRICTING 

12 AFTER AN APPORTIONMENT. 

13 The Act entitled ‘‘An Act for the relief of Doctor Ri14 cardo Vallejo Samala and to provide for congressional re15 districting’’, approved December 14, 1967 (2 U.S.C. 2c), 

16 is amended by adding at the end the following: ‘‘A State 

17 which has been redistricted in the manner provided by law 

18 after an apportionment under section 22(a) of the Act en19 titled ‘An Act to provide for the fifteenth and subsequent 

20 decennial censuses and to provide for an apportionment 

21 of Representatives in Congress’, approved June 18, 1929 

22 (2 U.S.C. 2a), may not be redistricted again until after 

23 the next apportionment of Representatives under such sec24 tion, unless a court requires the State to conduct such 

25 subsequent redistricting to comply with the Constitution 


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•S 1880 IS

1 or to enforce the Voting Rights Act of 1965 (52 U.S.C. 

2 10301 et seq.).’’. 

3 SEC. 3102. REQUIRING CONGRESSIONAL REDISTRICTING 

4 TO BE CONDUCTED THROUGH PLAN OF INDE5 PENDENT STATE COMMISSION. 

6 (a) USE OF PLAN REQUIRED.—Notwithstanding any 

7 other provision of law, any Congressional redistricting 

8 conducted by a State shall be conducted in accordance 

9 with— 

10 (1) the redistricting plan developed and enacted 

11 into law by the independent redistricting commission 

12 established in the State, in accordance with subtitle 

13 B; or 

14 (2) if a plan developed by such commission is 

15 not enacted into law, the redistricting plan developed 

16 and enacted into law by a 3-judge court of the 

17 United States District Court for the District of Co18 lumbia, in accordance with section 3301. 

19 (b) CONFORMING AMENDMENT.—Section 22(c) of 

20 the Act entitled ‘‘An Act to provide for the fifteenth and 

21 subsequent decennial censuses and to provide for an ap22 portionment of Representatives in Congress’’, approved 

23 June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking 

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1 ing: ‘‘in the manner provided by the Redistricting Reform 

2 Act’’. 

3 Subtitle B—Independent 

4 Redistricting Commissions 

5 SEC. 3201. INDEPENDENT REDISTRICTING COMMISSION. 

6 (a) APPOINTMENT OF MEMBERS.— 

7 (1) IN GENERAL.—The nonpartisan agency es8 tablished or designated by a State under section 

9 3204(a) shall establish an independent redistricting 

10 commission for the State, which shall consist of 12 

11 members appointed by the agency as follows: 

12 (A) The agency shall appoint 4 members 

13 on a random basis from the majority category 

14 of the approved selection pool (as described in 

15 section 3202(b)(1)(A)). 

16 (B) The agency shall appoint 4 members 

17 on a random basis from the minority category 

18 of the approved selection pool (as described in 

19 section 3202(b)(1)(B)). 

20 (C) The agency shall appoint 4 members 

21 on a random basis from the independent cat22 egory of the approved selection pool (as de23 scribed in section 3202(b)(1)(C)). 

24 (2) APPOINTMENT OF ALTERNATES TO SERVE

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1 points the members of the independent redistricting 

2 commission under paragraph (1) from each of the 

3 categories referred to in such paragraph, the agency 

4 shall, on a random basis, designate 2 other individ5 uals from such category to serve as alternate mem6 bers who may be appointed to fill vacancies in the 

7 commission in accordance with paragraph (3). 

8 (3) VACANCY.—If a vacancy occurs in the com9 mission with respect to a member who was ap10 pointed from one of the categories referred to in 

11 paragraph (1), the nonpartisan agency shall fill the 

12 vacancy by appointing, on a random basis, one of 

13 the 2 alternates from such category who was des14 ignated under paragraph (2). At the time the agency 

15 appoints an alternate to fill a vacancy under the pre16 vious sentence, the agency shall designate, on a ran17 dom basis, another individual from the same cat18 egory to serve as an alternate member, in accord19 ance with paragraph (2). 

20 (b) PROCEDURES FOR CONDUCTING COMMISSION

21 BUSINESS.— 

22 (1) CHAIR.—Members of an independent redis23 tricting commission established under this section 

24 shall select by majority vote one member who was 

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1 proved selection pool described in section 

2 3202(b)(1)(C) to serve as chair of the commission. 

3 The commission may not take any action to develop 

4 a redistricting plan for the State under section 3203 

5 until the appointment of the commission’s chair. 

6 (2) REQUIRING MAJORITY APPROVAL FOR AC7 TIONS.—The independent redistricting commission 

8 of a State may not publish and disseminate any 

9 draft or final redistricting plan, or take any other 

10 action, without the approval of at least— 

11 (A) a majority of the whole membership of 

12 the commission; and 

13 (B) at least one member of the commission 

14 appointed from each of the categories of the ap15 proved selection pool described in section 

16 3202(b)(1). 

17 (3) QUORUM.—A majority of the members of 

18 the commission shall constitute a quorum. 

19 (c) STAFF; CONTRACTORS.— 

20 (1) STAFF.—The independent redistricting 

21 commission of a State may appoint and set the pay 

22 of such staff as it considers appropriate, subject to 

23 State law. 

24 (2) CONTRACTORS.—The independent redis25 tricting commission of a State may enter into such 


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1 contracts with vendors as it considers appropriate, 

2 subject to State law, except that any such contract 

3 shall be valid only if approved by the vote of a ma4 jority of the members of the commission, including 

5 at least one member appointed from each of the cat6 egories of the approved selection pool described in 

7 section 3202(b)(1). 

8 (3) GOAL OF IMPARTIALITY.—The commission 

9 shall take such steps as it considers appropriate to 

10 ensure that any staff appointed under this sub11 section, and any vendor with whom the commission 

12 enters into a contract under this subsection, will 

13 work in an impartial manner, and may require any 

14 person who applies for an appointment to a staff po15 sition or for a vendor’s contract with the commission 

16 to provide information on the person’s history of po17 litical activity (including donations to candidates, po18 litical committees, and political parties) as a condi19 tion of the appointment or the contract. 

20 (d) TERMINATION.— 

21 (1) IN GENERAL.—The independent redis22 tricting commission of a State shall terminate on the 

23 earlier of— 

24 (A) June 14 of the following year ending 

25 in the numeral zero; or 


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1 (B) the day on which the nonpartisan 

2 agency established or designated by a State 

3 under section 3204(a) has, in accordance with 

4 section 3202(b)(1), submitted a selection pool 

5 to the Select Committee on Redistricting for the 

6 State established under section 3204(b). 

7 (2) PRESERVATION OF RECORDS.—The State 

8 shall ensure that the records of the independent re9 districting commission are retained in the appro10 priate State archive in such manner as may be nec11 essary to enable the State to respond to any civil ac12 tion brought with respect to Congressional redis13 tricting in the State. 

14 SEC. 3202. ESTABLISHMENT OF SELECTION POOL OF INDI15 VIDUALS ELIGIBLE TO SERVE AS MEMBERS 

16 OF COMMISSION. 

17 (a) CRITERIA FOR ELIGIBILITY.— 

18 (1) IN GENERAL.—An individual is eligible to 

19 serve as a member of an independent redistricting 

20 commission if the individual meets each of the fol21 lowing criteria: 

22 (A) As of the date of appointment, the in23 dividual is registered to vote in elections for 

24 Federal office held in the State. 


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1 (B) During the 3-year period ending on 

2 the date of the individual’s appointment, the in3 dividual has been continuously registered to 

4 vote with the same political party, or has not 

5 been registered to vote with any political party. 

6 (C) The individual submits to the non7 partisan agency established or designated by a 

8 State under section 3204(a), at such time and 

9 in such form as the agency may require, an ap10 plication for inclusion in the selection pool 

11 under this section, and includes with the appli12 cation a written statement containing the fol13 lowing information and assurances: 

14 (i) A statement of the political party 

15 with which the individual is affiliated, if 

16 any. 

17 (ii) An assurance that the individual 

18 shall commit to carrying out the individ19 ual’s duties under this title in an honest, 

20 independent, and impartial fashion, and to 

21 upholding public confidence in the integrity 

22 of the redistricting process. 

23 (iii) An assurance that, during the 

24 covered periods described in paragraph (3), 

25 the individual has not taken and will not 


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•S 1880 IS

1 take any action which would disqualify the 

2 individual from serving as a member of the 

3 commission under paragraph (2). 

4 (2) DISQUALIFICATIONS.—An individual is not 

5 eligible to serve as a member of the commission if 

6 any of the following applies during any of the cov7 ered periods described in paragraph (3): 

8 (A) The individual or (in the case of the 

9 covered periods described in subparagraphs (A) 

10 and (B) of paragraph (3)) an immediate family 

11 member of the individual holds public office or 

12 is a candidate for election for public office. 

13 (B) The individual or (in the case of the 

14 covered periods described in subparagraphs (A) 

15 and (B) of paragraph (3)) an immediate family 

16 member of the individual serves as an officer of 

17 a political party or as an officer, employee, or 

18 paid consultant of a campaign committee of a 

19 candidate for public office. 

20 (C) The individual or (in the case of the 

21 covered periods described in subparagraphs (A) 

22 and (B) of paragraph (3)) an immediate family 

23 member of the individual holds a position as a 

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1 sure Act of 1995 (2 U.S.C. 1601 et seq.) or an 

2 equivalent State or local law. 

3 (D) The individual or (in the case of the 

4 covered periods described in subparagraphs (A) 

5 and (B) of paragraph (3)) an immediate family 

6 member of the individual is an employee of an 

7 elected public official, a contractor with the leg8 islature of the State, or a donor to the cam9 paign of any candidate for public office (other 

10 than a donor who, during any of such covered 

11 periods, gives an aggregate amount of $20,000 

12 or less to the campaigns of all candidates for all 

13 public offices). 

14 (3) COVERED PERIODS DESCRIBED.—In this 

15 subsection, the term ‘‘covered period’’ means, with 

16 respect to the appointment of an individual to the 

17 commission, any of the following: 

18 (A) The 5-year period ending on the date 

19 of the individual’s appointment. 

20 (B) The period beginning on the date of 

21 the individual’s appointment and ending on Au22 gust 14 of the next year ending in the numeral 

23 one. 


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1 (C) The 5-year period beginning on the 

2 day after the last day of the period described in 

3 subparagraph (B). 

4 (4) IMMEDIATE FAMILY MEMBER DEFINED.—In 

5 this subsection, the term ‘‘immediate family mem6 ber’’ means, with respect to an individual, a father, 

7 stepfather, mother, stepmother, son, stepson, daugh8 ter, stepdaughter, brother, stepbrother, sister, step9 sister, husband, wife, father-in-law, or mother-in10 law. 

11 (b) DEVELOPMENT AND SUBMISSION OF SELECTION

12 POOL.— 

13 (1) IN GENERAL.—Not later than June 15 of 

14 each year ending in the numeral zero, the non15 partisan agency established or designated by a State 

16 under section 3204(a) shall develop and submit to 

17 the Select Committee on Redistricting for the State 

18 established under section 3204(b) a selection pool of 

19 36 individuals who are eligible to serve as members 

20 of the independent redistricting commission of the 

21 State under this title, consisting of individuals in the 

22 following categories: 

23 (A) A majority category, consisting of 12 

24 individuals who are affiliated with the political 

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1 istered voters in the State who are affiliated 

2 with a political party (as determined with re3 spect to the most recent statewide election for 

4 Federal office held in the State for which such 

5 information is available). 

6 (B) A minority category, consisting of 12 

7 individuals who are affiliated with the political 

8 party with the second largest percentage of the 

9 registered voters in the State who are affiliated 

10 with a political party (as so determined). 

11 (C) An independent category, consisting of 

12 12 individuals who are not affiliated with either 

13 of the political parties described in subpara14 graph (A) or subparagraph (B). 

15 (2) FACTORS TAKEN INTO ACCOUNT IN DEVEL16 OPING POOL.—In selecting individuals for the selec17 tion pool under this subsection, the nonpartisan 

18 agency shall— 

19 (A) to the maximum extent practicable, en20 sure that the pool reflects the representative de21 mographic groups (including races, ethnicities, 

22 and genders) and geographic regions of the 

23 State; and 

24 (B) take into consideration the analytical 

25 skills of the individuals selected in relevant 


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1 fields (including mapping, data management, 

2 law, community outreach, demography, and the 

3 geography of the State) and their ability to 

4 work on an impartial basis. 

5 (3) DETERMINATION OF POLITICAL PARTY AF6 FILIATION OF INDIVIDUALS IN SELECTION POOL.— 

7 For purposes of this section, an individual shall be 

8 considered to be affiliated with a political party on 

9 the basis of the information the individual provides 

10 in the application submitted under subsection 

11 (a)(1)(D). 

12 (4) ENCOURAGING RESIDENTS TO APPLY FOR

13 INCLUSION IN POOL.—The nonpartisan agency shall 

14 take such steps as may be necessary to ensure that 

15 residents of the State across various geographic re16 gions and demographic groups are aware of the op17 portunity to serve on the independent redistricting 

18 commission, including publicizing the role of the 

19 panel and using newspapers, broadcast media, and 

20 online sources, including ethnic media, to encourage 

21 individuals to apply for inclusion in the selection 

22 pool developed under this subsection. 

23 (5) REPORT ON ESTABLISHMENT OF SELEC24 TION POOL.—At the time the nonpartisan agency 

25 submits the selection pool to the Select Committee 


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1 on Redistricting under paragraph (1), it shall pub2 lish a report describing the process by which the 

3 pool was developed, and shall include in the report 

4 a description of how the individuals in the pool meet 

5 the eligibility criteria of subsection (a) and of how 

6 the pool reflects the factors the agency is required 

7 to take into consideration under paragraph (2). 

8 (6) ACTION BY SELECT COMMITTEE.— 

9 (A) IN GENERAL.—Not later than 14 days 

10 after receiving the selection pool from the non11 partisan agency under paragraph (1), the Select 

12 Committee on Redistricting shall— 

13 (i) approve the pool as submitted by 

14 the nonpartisan agency, in which case the 

15 pool shall be considered the approved selec16 tion pool for purposes of section 

17 3021(a)(1); or 

18 (ii) reject the pool, in which case the 

19 nonpartisan agency shall develop and sub20 mit a replacement selection pool in accord21 ance with subsection (c). 

22 (B) INACTION DEEMED REJECTION.—If 

23 the Select Committee on Redistricting fails to 

24 approve or reject the pool within the deadline 

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1 mittee shall be deemed to have rejected the pool 

2 for purposes of such subparagraph. 

3 (c) DEVELOPMENT OF REPLACEMENT SELECTION

4 POOL.— 

5 (1) IN GENERAL.—If the Select Committee on 

6 Redistricting rejects the selection pool submitted by 

7 the nonpartisan agency under subsection (b), not 

8 later than 14 days after the rejection, the non9 partisan agency shall develop and submit to the Se10 lect Committee a replacement selection pool, under 

11 the same terms and conditions that applied to the 

12 development and submission of the selection pool 

13 under paragraphs (1) through (5) of subsection (b). 

14 The replacement pool submitted under this para15 graph may include individuals who were included in 

16 the rejected selection pool submitted under sub17 section (b), so long as at least one of the individuals 

18 in the replacement pool was not included in such re19 jected pool. 

20 (2) ACTION BY SELECT COMMITTEE.— 

21 (A) IN GENERAL.—Not later than 14 days 

22 after receiving the replacement selection pool 

23 from the nonpartisan agency under paragraph 

24 (1), the Select Committee on Redistricting 

25 shall— 


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1 (i) approve the pool as submitted by 

2 the nonpartisan agency, in which case the 

3 pool shall be considered the approved selec4 tion pool for purposes of section 

5 3201(a)(1); or 

6 (ii) reject the pool, in which case the 

7 nonpartisan agency shall develop and sub8 mit a second replacement selection pool in 

9 accordance with subsection (d). 

10 (B) INACTION DEEMED REJECTION.—If 

11 the Select Committee on Redistricting fails to 

12 approve or reject the pool within the deadline 

13 set forth in subparagraph (A), the Select Com14 mittee shall be deemed to have rejected the pool 

15 for purposes of such subparagraph. 

16 (d) DEVELOPMENT OF SECOND REPLACEMENT SE17 LECTION POOL.— 

18 (1) IN GENERAL.—If the Select Committee on 

19 Redistricting rejects the replacement selection pool 

20 submitted by the nonpartisan agency under sub21 section (c), not later than 14 days after the rejec22 tion, the nonpartisan agency shall develop and sub23 mit to the Select Committee a second replacement 

24 selection pool, under the same terms and conditions 

25 that applied to the development and submission of 


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1 the selection pool under paragraphs (1) through (5) 

2 of subsection (b). The second replacement selection 

3 pool submitted under this paragraph may include in4 dividuals who were included in the rejected selection 

5 pool submitted under subsection (b) or the rejected 

6 replacement selection pool submitted under sub7 section (c), so long as at least one of the individuals 

8 in the replacement pool was not included in either 

9 such rejected pool. 

10 (2) ACTION BY SELECT COMMITTEE.— 

11 (A) IN GENERAL.—Not later than 14 days 

12 after receiving the second replacement selection 

13 pool from the nonpartisan agency under para14 graph (1), the Select Committee on Redis15 tricting shall— 

16 (i) approve the pool as submitted by 

17 the nonpartisan agency, in which case the 

18 pool shall be considered the approved selec19 tion pool for purposes of section 

20 3201(a)(1); or 

21 (ii) reject the pool, in which case— 

22 (I) the nonpartisan agency shall 

23 not develop or submit any other selec24 tion pool for purposes of this title; 

25 and 


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1 (II) the United States District 

2 Court for the District of Columbia 

3 shall develop and enact the redis4 tricting plan for the State, in accord5 ance with section 3301. 

6 (B) INACTION DEEMED REJECTION.—If 

7 the Select Committee on Redistricting fails to 

8 approve or reject the pool within the deadline 

9 set forth in subparagraph (A), the Select Com10 mittee shall be deemed to have rejected the pool 

11 for purposes of such subparagraph. 

12 SEC. 3203. CRITERIA FOR REDISTRICTING PLAN BY INDE13 PENDENT COMMISSION; PUBLIC NOTICE AND 

14 INPUT. 

15 (a) DEVELOPMENT OF REDISTRICTING PLAN.— 

16 (1) CRITERIA.—The independent redistricting 

17 commission of a State shall develop a redistricting 

18 plan for the State in accordance with the following 

19 criteria, prioritized according to the following order: 

20 (A) Districts shall each have equal popu21 lation per representative as nearly as prac22 ticable, in accordance with the Constitution of 

23 the United States. 

24 (B) To the extent not inconsistent with the 

25 above criteria, districts shall comply with the 


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1 Voting Rights Act of 1965 (52 U.S.C. 10301 et 

2 seq.). 

3 (C) To the extent not inconsistent with the 

4 above criteria, districts shall be geographically 

5 contiguous. 

6 (D) To the extent practicable and not in7 consistent with the above criteria, district 

8 boundaries shall minimize the division of any 

9 community of interest, municipality, county, or 

10 neighborhood. For purposes of this subpara11 graph, a community of interest is a contiguous 

12 population which shares common social or eco13 nomic interests that should be included within 

14 a single district for purposes of its effective and 

15 fair representation. Examples of such shared in16 terests are those common to an urban area, a 

17 rural area, an industrial area, or an agricultural 

18 area, and those common to areas in which the 

19 people share similar living standards, use the 

20 same transportation facilities, have similar work 

21 opportunities, or have access to the same media 

22 of communication relevant to the election proc23 ess. Communities of interest shall not include 

24 relationships with political parties, incumbent 

25 officeholders, or political candidates. 


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1 (E) To the extent practicable and not in2 consistent with the above criteria, districts shall 

3 be geographically compact such that nearby 

4 areas of population are not bypassed for more 

5 distant areas of population. 

6 (2) FACTORS PROHIBITED FROM CONSIDER7 ATION.—In developing the redistricting plan for the 

8 State, the independent redistricting commission may 

9 not take into consideration any of the following fac10 tors, except to the extent necessary to comply with 

11 the Voting Rights Act of 1965: 

12 (A) The political party affiliation or voting 

13 history of the population of a district. 

14 (B) The residence of any Member of the 

15 House of Representatives or candidate. 

16 (b) PUBLIC NOTICE AND INPUT.— 

17 (1) USE OF OPEN AND TRANSPARENT PROC18 ESS.—The independent redistricting commission of a 

19 State shall hold each of its meetings in public, shall 

20 solicit and take into consideration comments from 

21 the public throughout the process of developing the 

22 redistricting plan for the State, and shall carry out 

23 its duties in an open and transparent manner which 

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1 ably possible of its proposed and final redistricting 

2 plans. 

3 (2) WEBSITE.—The commission shall maintain 

4 a public Internet site which is not affiliated with or 

5 maintained by the office of any elected official and 

6 which includes the following features: 

7 (A) General information on the commission 

8 and its members, including contact information. 

9 (B) An updated schedule of commission 

10 hearings and activities, including deadlines for 

11 the submission of comments. 

12 (C) All draft redistricting plans developed 

13 by the commission under subsection (c) and the 

14 final redistricting plan developed under sub15 section (d). 

16 (D) Live streaming of commission hearings 

17 and an archive of previous meetings and other 

18 commission records. 

19 (E) A method by which members of the 

20 public may submit comments directly to the 

21 commission. 

22 (F) Access to the demographic data used 

23 by the commission to develop the proposed re24 districting plans, together with any software 

25 used to draw maps of proposed districts. 


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1 (3) PUBLIC COMMENT PERIOD.—The commis2 sion shall solicit, accept, and consider comments 

3 from the public with respect to its duties, activities, 

4 and procedures at any time during the period— 

5 (A) which begins on January 1 of the year 

6 ending in the numeral one; and 

7 (B) which ends 7 days before the date of 

8 the meeting at which the commission shall vote 

9 on approving the final redistricting plan for en10 actment into law under subsection (d)(2). 

11 (4) MEETINGS AND HEARINGS IN VARIOUS GEO12 GRAPHIC LOCATIONS.—To the greatest extent prac13 ticable, the commission shall hold its meetings and 

14 hearings in various geographic regions and locations 

15 throughout the State. 

16 (c) DEVELOPMENT AND PUBLICATION OF PRELIMI17 NARY REDISTRICTING PLAN.— 

18 (1) IN GENERAL.—Prior to developing and pub19 lishing a final redistricting plan under subsection 

20 (d), the independent redistricting commission of a 

21 State shall develop and publish a preliminary redis22 tricting plan. 

23 (2) MINIMUM PUBLIC HEARINGS PRIOR TO DE24 VELOPMENT.— 


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1 (A) 3 HEARINGS REQUIRED.—Prior to de2 veloping a preliminary redistricting plan under 

3 this subsection, the commission shall hold not 

4 fewer than 3 public hearings at which members 

5 of the public may provide input and comments 

6 regarding the potential contents of redistricting 

7 plans for the State and the process by which 

8 the commission will develop the preliminary 

9 plan under this subsection. 

10 (B) MINIMUM PERIOD FOR NOTICE PRIOR

11 TO HEARINGS.—The commission shall notify 

12 the public through the website maintained 

13 under subsection (b)(2), as well as through pub14 lication of notice in newspapers of general cir15 culation throughout the State, of the date, time, 

16 and location of each of the hearings held under 

17 this paragraph not fewer than 14 days prior to 

18 the date of the hearing. 

19 (3) PUBLICATION OF PRELIMINARY PLAN.— 

20 (A) IN GENERAL.—The commission shall 

21 post the preliminary redistricting plan devel22 oped under this subsection, together with a re23 port that includes the commission’s responses 

24 to any public comments received under sub25 section (b)(3), on the website maintained under 


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1 subsection (b)(2), and shall provide for the pub2 lication of each such plan in newspapers of gen3 eral circulation throughout the State. 

4 (B) MINIMUM PERIOD FOR NOTICE PRIOR

5 TO PUBLICATION.—Not fewer than 14 days 

6 prior to the date on which the commission posts 

7 and publishes the preliminary plan under this 

8 paragraph, the commission shall notify the pub9 lic through the website maintained under sub10 section (b)(2), as well as through publication of 

11 notice in newspapers of general circulation 

12 throughout the State, of the pending publica13 tion of the plan. 

14 (4) MINIMUM PERIOD FOR PUBLIC COMMENT

15 AFTER PUBLICATION OF PLAN.—The commission 

16 shall accept and consider comments from the public 

17 with respect to the preliminary redistricting plan 

18 published under paragraph (3) for not fewer than 30 

19 days after the date on which the plan is published. 

20 (5) POST-PUBLICATION HEARINGS.— 

21 (A) 3 HEARINGS REQUIRED.—After post22 ing and publishing the preliminary redistricting 

23 plan under paragraph (3), the commission shall 

24 hold not fewer than 3 public hearings at which 


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1 members of the public may provide input and 

2 comments regarding the preliminary plan. 

3 (B) MINIMUM PERIOD FOR NOTICE PRIOR

4 TO HEARINGS.—The commission shall notify 

5 the public through the website maintained 

6 under subsection (b)(2), as well as through pub7 lication of notice in newspapers of general cir8 culation throughout the State, of the date, time, 

9 and location of each of the hearings held under 

10 this paragraph not fewer than 14 days prior to 

11 the date of the hearing. 

12 (6) PERMITTING MULTIPLE PRELIMINARY

13 PLANS.—At the option of the commission, after de14 veloping and publishing the preliminary redistricting 

15 plan under this subsection, the commission may de16 velop and publish subsequent preliminary redis17 tricting plans, so long as the process for the develop18 ment and publication of each such subsequent plan 

19 meets the requirements set forth in this subsection 

20 for the development and publication of the first pre21 liminary redistricting plan. 

22 (d) PROCESS FOR ENACTMENT OF FINAL REDIS23 TRICTING PLAN.— 

24 (1) IN GENERAL.—After taking into consider25 ation comments from the public on any preliminary 


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1 redistricting plan developed and published under 

2 subsection (c), the independent redistricting commis3 sion of a State shall develop and publish a final re4 districting plan for the State. 

5 (2) MEETING; FINAL VOTE.—Not later than 

6 August 15 of each year ending in the numeral one, 

7 the commission shall hold a public hearing at which 

8 the members of the commission shall vote on approv9 ing the final plan for enactment into law. 

10 (3) PUBLICATION OF PLAN AND ACCOMPANYING

11 MATERIALS.—Not fewer than 14 days before the 

12 date of the meeting under paragraph (2), the com13 mission shall provide the following information to 

14 the public through the website maintained under 

15 subsection (b)(2), as well as through newspapers of 

16 general circulation throughout the State: 

17 (A) The final redistricting plan, including 

18 all relevant maps. 

19 (B) A report by the commission to accom20 pany the plan which provides the background 

21 for the plan and the commission’s reasons for 

22 selecting the plan as the final redistricting plan, 

23 including responses to the public comments re24 ceived on any preliminary redistricting plan de25 veloped and published under subsection (c). 


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1 (C) Any dissenting or additional views with 

2 respect to the plan of individual members of the 

3 commission. 

4 (4) ENACTMENT.—The final redistricting plan 

5 developed and published under this subsection shall 

6 be deemed to be enacted into law if— 

7 (A) the plan is approved by a majority of 

8 the whole membership of the commission; and 

9 (B) at least one member of the commission 

10 appointed from each of the categories of the ap11 proved selection pool described in section 

12 3202(b)(1) approves the plan. 

13 (e) DEADLINE.—The independent redistricting com14 mission of a State shall approve a final redistricting plan 

15 for the State not later than August 15 of each year ending 

16 in the numeral one. 

17 SEC. 3204. ESTABLISHMENT OF RELATED ENTITIES. 

18 (a) ESTABLISHMENT OR DESIGNATION OF NON19 PARTISAN AGENCY OF STATE LEGISLATURE.— 

20 (1) IN GENERAL.—Each State shall establish a 

21 nonpartisan agency in the legislative branch of the 

22 State government to appoint the members of the 

23 independent redistricting commission for the State 

24 in accordance with section 3201. 


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1 (2) NONPARTISANSHIP DESCRIBED.—For pur2 poses of this subsection, an agency shall be consid3 ered to be nonpartisan if under law the agency— 

4 (A) is required to provide services on a 

5 nonpartisan basis; 

6 (B) is required to maintain impartiality; 

7 and 

8 (C) is prohibited from advocating for the 

9 adoption or rejection of any legislative proposal. 

10 (3) DESIGNATION OF EXISTING AGENCY.—At 

11 its option, a State may designate an existing agency 

12 in the legislative branch of its government to appoint 

13 the members of the independent redistricting com14 mission plan for the State under this title, so long 

15 as the agency meets the requirements for non16 partisanship under this subsection. 

17 (4) TERMINATION OF AGENCY SPECIFICALLY

18 ESTABLISHED FOR REDISTRICTING.—If a State does 

19 not designate an existing agency under paragraph 

20 (3) but instead establishes a new agency to serve as 

21 the nonpartisan agency under this section, the new 

22 agency shall terminate upon the enactment into law 

23 of the redistricting plan for the State. 


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1 (5) DEADLINE.—The State shall meet the re2 quirements of this subsection not later than each 

3 August 15 of a year ending in the numeral nine. 

4 (b) ESTABLISHMENT OF SELECT COMMITTEE ON RE5 DISTRICTING.— 

6 (1) IN GENERAL.—Each State shall appoint a 

7 Select Committee on Redistricting to approve or dis8 approve a selection pool developed by the inde9 pendent redistricting commission for the State under 

10 section 3202. 

11 (2) APPOINTMENT.—The Select Committee on 

12 Redistricting for a State under this subsection shall 

13 consist of the following members: 

14 (A) 1 member of the upper house of the 

15 State legislature, who shall be appointed by the 

16 leader of the party with the greatest number of 

17 seats in the upper house. 

18 (B) 1 member of the upper house of the 

19 State legislature, who shall be appointed by the 

20 leader of the party with the second greatest 

21 number of seats in the upper house. 

22 (C) 1 member of the lower house of the 

23 State legislature, who shall be appointed by the 

24 leader of the party with the greatest number of 

25 seats in the lower house. 


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1 (D) 1 member of the lower house of the 

2 State legislature, who shall be appointed by the 

3 leader of the party with the second greatest 

4 number of seats in the lower house. 

5 (3) SPECIAL RULE FOR STATES WITH UNICAM6 ERAL LEGISLATURE.—In the case of a State with a 

7 unicameral legislature, the Select Committee on Re8 districting for the State under this subsection shall 

9 consist of the following members: 

10 (A) 2 members of the State legislature ap11 pointed by the leader of the party with the 

12 greatest number of seats in the legislature. 

13 (B) 2 members of the State legislature ap14 pointed by the leader of the party with the sec15 ond greatest number of seats in legislature. 

16 (4) DEADLINE.—The State shall meet the re17 quirements of this subsection not later than each 

18 January 15 of a year ending in the numeral zero. 

19 Subtitle C—Role of Courts in 

20 Development of Redistricting Plans 

21 SEC. 3301. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE 

22 COURT. 

23 (a) DEVELOPMENT OF PLAN.—If any of the trig24 gering events described in subsection (c) occur with re25 spect to a State— 


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1 (1) not later than December 15 of the year in 

2 which the triggering event occurs, the United States 

3 District Court for the District of Columbia, acting 

4 through a 3-judge court convened pursuant to sec5 tion 2284 of title 28, United States Code, shall de6 velop and publish the Congressional redistricting 

7 plan for the State; and 

8 (2) the plan developed and published by the 

9 Court under this subsection shall be deemed to be 

10 enacted on the date on which the Court publishes 

11 the plan. 

12 (b) PROCEDURES FOR DEVELOPMENT OF PLAN.— 

13 (1) CRITERIA.—It is the sense of Congress 

14 that, in developing a redistricting plan for a State 

15 under this section, the Court should adhere to the 

16 same terms and conditions that applied (or that 

17 would have applied, as the case may be) to the devel18 opment of a plan by the independent redistricting 

19 commission of the State under section 3203(a). 

20 (2) ACCESS TO INFORMATION AND RECORDS OF

21 COMMISSION.—The Court shall have access to any 

22 information, data, software, or other records and 

23 material that was used (or that would have been 

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1 tricting commission of the State in carrying out its 

2 duties under this title. 

3 (c) TRIGGERING EVENTS DESCRIBED.—The ‘‘trig4 gering events’’ described in this subsection are as follows: 

5 (1) The failure of the State to establish or des6 ignate a nonpartisan agency of the State legislature 

7 under section 3204(a) prior to the expiration of the 

8 deadline set forth in section 3204(a)(5). 

9 (2) The failure of the State to appoint a Select 

10 Committee on Redistricting under section 3204(b) 

11 prior to the expiration of the deadline set forth in 

12 section 3204(b)(4). 

13 (3) The failure of the Select Committee on Re14 districting to approve any selection pool under sec15 tion 3202 prior to the expiration of the deadline set 

16 forth for the approval of the second replacement se17 lection pool in section 3202(d)(2). 

18 (4) The failure of the independent redistricting 

19 commission of the State to approve a final redis20 tricting plan for the State prior to the expiration of 

21 the deadline set forth in section 3203(e). 

22 SEC. 3302. SPECIAL RULE FOR REDISTRICTING CON23 DUCTED UNDER ORDER OF FEDERAL COURT. 

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1 tives in the State in order to comply with the Constitution 

2 or to enforce the Voting Rights Act of 1965, section 3203 

3 shall apply with respect to the redistricting, except that 

4 the court may revise any of the deadlines set forth in such 

5 section if the court determines that a revision is appro6 priate in order to provide for a timely enactment of a new 

7 redistricting plan for the State. 

8 Subtitle D—Administrative and 

9 Miscellaneous Provisions 

10 SEC. 3401. PAYMENTS TO STATES FOR CARRYING OUT RE11 DISTRICTING. 

12 (a) AUTHORIZATION OF PAYMENTS.—Subject to sub13 section (d), not later than 30 days after a State receives 

14 a State apportionment notice, the Election Assistance 

15 Commission shall make a payment to the State in an 

16 amount equal to the product of— 

17 (1) the number of Representatives to which the 

18 State is entitled, as provided under the notice; and 

19 (2) $150,000. 

20 (b) USE OF FUNDS.—A State shall use the payment 

21 made under this section to establish and operate the 

22 State’s independent redistricting commission, to imple23 ment the State redistricting plan, and to otherwise carry 

24 out Congressional redistricting in the State. 


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1 (c) NO PAYMENT TO STATES WITH SINGLE MEM2 BER.—The Election Assistance Commission shall not 

3 make a payment under this section to any State which 

4 is not entitled to more than one Representative under its 

5 State apportionment notice. 

6 (d) REQUIRING SUBMISSION OF SELECTION POOL AS

7 CONDITION OF PAYMENT.—The Election Assistance Com8 mission may not make a payment to a State under this 

9 section until the State certifies to the Commission that 

10 the nonpartisan agency established or designated by a 

11 State under section 3204(a) has, in accordance with sec12 tion 3202(b)(1), submitted a selection pool to the Select 

13 Committee on Redistricting for the State established 

14 under section 3204(b). 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

16 are authorized to be appropriated such sums as may be 

17 necessary for payments under this section. 

18 SEC. 3402. CIVIL ENFORCEMENT. 

19 (a) CIVIL ENFORCEMENT.— 

20 (1) ACTIONS BY ATTORNEY GENERAL.—The At21 torney General may bring a civil action in an appro22 priate district court for such relief as may be appro23 priate to carry out this title. 

24 (2) AVAILABILITY OF PRIVATE RIGHT OF AC25 TION.—Any citizen of a State who is aggrieved by 


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1 the failure of the State redistricting plan which is 

2 enacted into law under section 3203 to meet the re3 quirements for such a plan under this title may 

4 bring a civil action in an appropriate district court 

5 for such relief as may be appropriate to remedy the 

6 failure, so long as the individual brings the action 

7 during the 45-day period which begins on the date 

8 on which the plan is enacted into law. 

9 (b) EXPEDITED CONSIDERATION.—In any action 

10 brought forth under this section, the following rules shall 

11 apply: 

12 (1) The action shall be filed in the United 

13 States District Court for the District of Columbia 

14 and shall be heard by a 3-judge court convened pur15 suant to section 2284 of title 28, United States 

16 Code. 

17 (2) The 3-judge court shall consolidate actions 

18 brought for relief under subsection (b)(1) with re19 spect to the same State redistricting plan. 

20 (3) A copy of the complaint shall be delivered 

21 promptly to the Clerk of the House of Representa22 tives and the Secretary of the Senate. 

23 (4) A final decision in the action shall be re24 viewable only by appeal directly to the Supreme 

25 Court of the United States. Such appeal shall be 


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1 taken by the filing of a notice of appeal within 10 

2 days, and the filing of a jurisdictional statement 

3 within 30 days, of the entry of the final decision. 

4 (5) It shall be the duty of the district court and 

5 the Supreme Court of the United States to advance 

6 on the docket and to expedite to the greatest pos7 sible extent the disposition of the action and appeal. 

8 (c) ATTORNEY’S FEES.—In a civil action under this 

9 section, the court may allow the prevailing party (other 

10 than the United States) reasonable attorney fees, includ11 ing litigation expenses, and costs. 

12 (d) RELATION TO OTHER LAWS.— 

13 (1) RIGHTS AND REMEDIES ADDITIONAL TO

14 OTHER RIGHTS AND REMEDIES.—The rights and 

15 remedies established by this section are in addition 

16 to all other rights and remedies provided by law, and 

17 neither the rights and remedies established by this 

18 section nor any other provision of this title shall su19 persede, restrict, or limit the application of the Vot20 ing Rights Act of 1965 (52 U.S.C. 10301 et seq.). 

21 (2) VOTING RIGHTS ACT OF 1965.—Nothing in 

22 this title authorizes or requires conduct that is pro23 hibited by the Voting Rights Act of 1965 (52 U.S.C. 

24 10301 et seq.). 


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1 SEC. 3403. STATE APPORTIONMENT NOTICE DEFINED. 

2 In this title, the ‘‘State apportionment notice’’ means, 

3 with respect to a State, the notice sent to the State from 

4 the Clerk of the House of Representatives under section 

5 22(b) of the Act entitled ‘‘An Act to provide for the fif6 teenth and subsequent decennial censuses and to provide 

7 for an apportionment of Representatives in Congress’’, ap8 proved June 18, 1929 (2 U.S.C. 2a), of the number of 

9 Representatives to which the State is entitled. 

10 SEC. 3404. NO EFFECT ON ELECTIONS FOR STATE AND 

11 LOCAL OFFICE. 

12 Nothing in this title or in any amendment made by 

13 this title may be construed to affect the manner in which 

14 a State carries out elections for State or local office, in15 cluding the process by which a State establishes the dis16 tricts used in such elections. 

17 SEC. 3405. EFFECTIVE DATE. 

18 This title and the amendments made by this title 

19 shall apply with respect to redistricting carried out pursu20 ant to the decennial census conducted during 2020 or any 

21 succeeding decennial census. 


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1 TITLE IV—VOTER 

2 REGISTRATION 

3 Subtitle A—Automatic Voter 

4 Registration 

5 SEC. 4001. SHORT TITLE; FINDINGS AND PURPOSE. 

6 (a) SHORT TITLE.—This subtitle may be cited as the 

7 ‘‘Automatic Voter Registration Act of 2017’’. 

8 (b) FINDINGS AND PURPOSE.— 

9 (1) FINDINGS.—Congress finds that— 

10 (A) the right to vote is a fundamental 

11 right of citizens of the United States; 

12 (B) it is the responsibility of the State and 

13 Federal governments to ensure that every eligi14 ble citizen is registered to vote; 

15 (C) existing voter registration systems can 

16 be inaccurate, costly, inaccessible and con17 fusing, with damaging effects on voter partici18 pation in elections and disproportionate impacts 

19 on young people, persons with disabilities, and 

20 racial and ethnic minorities; and 

21 (D) voter registration systems must be up22 dated with 21st century technologies and proce23 dures to maintain their security. 

24 (2) PURPOSE.—It is the purpose of this sub25 title— 


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1 (A) to establish that it is the responsibility 

2 of government at every level to ensure that all 

3 eligible citizens are registered to vote; 

4 (B) to enable the State and Federal gov5 ernments to register all eligible citizens to vote 

6 with accurate, cost-efficient, and up-to-date pro7 cedures; 

8 (C) to modernize voter registration and list 

9 maintenance procedures with electronic and 

10 Internet capabilities; and 

11 (D) to protect and enhance the integrity, 

12 accuracy, efficiency, and accessibility of the 

13 electoral process for all eligible citizens. 

14 SEC. 4002. AUTOMATIC REGISTRATION OF ELIGIBLE INDI15 VIDUALS. 

16 (a) REQUIRING STATES TO ESTABLISH AND OPER17 ATE AUTOMATIC REGISTRATION SYSTEM.— 

18 (1) IN GENERAL.—The chief State election offi19 cial of each State shall establish and operate a sys20 tem of automatic registration for the registration of 

21 eligible individuals to vote for elections for Federal 

22 office in the State, in accordance with the provisions 

23 of this Act. 

24 (2) DEFINITION.—The term ‘‘automatic reg25 istration’’ means a system that registers an indiVerDate Sep 11 2014 02:56 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00314 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880

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1 vidual to vote in elections for Federal office in a 

2 State, if eligible, by electronically transferring the 

3 information necessary for registration from govern4 ment agencies to election officials of the State so 

5 that, unless the individual affirmatively declines to 

6 be registered, the individual will be registered to vote 

7 in such elections. 

8 (b) REGISTRATION OF VOTERS BASED ON NEW

9 AGENCY RECORDS.—The chief State election official 

10 shall— 

11 (1) not later than 15 days after a contributing 

12 agency has transmitted information with respect to 

13 an individual pursuant to section 4003, ensure that 

14 the individual is registered to vote in elections for 

15 Federal office in the State if the individual is eligible 

16 to be registered to vote in such elections; and 

17 (2) send written notice to the individual, in ad18 dition to other means of notice established by this 

19 title, of the individual’s voter registration status. 

20 (c) ONE-TIME REGISTRATION OF VOTERS BASED ON

21 EXISTING CONTRIBUTING AGENCY RECORDS.—The chief 

22 State election official shall— 

23 (1) identify all individuals whose information is 

24 transmitted by a contributing agency pursuant to 


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1 section 4004 and who are eligible to be, but are not 

2 currently, registered to vote in that State; 

3 (2) promptly send each such individual written 

4 notice, in addition to other means of notice estab5 lished by this title, which shall not identify the con6 tributing agency that transmitted the information 

7 but shall include— 

8 (A) an explanation that voter registration 

9 is voluntary, but if the individual does not de10 cline registration, the individual will be reg11 istered to vote; 

12 (B) a statement offering the opportunity to 

13 decline voter registration through means con14 sistent with the requirements of this title; 

15 (C) in the case of a State in which affili16 ation or enrollment with a political party is re17 quired in order to participate in an election to 

18 select the party’s candidate in an election for 

19 Federal office, a statement offering the indi20 vidual the opportunity to affiliate or enroll with 

21 a political party or to decline to affiliate or en22 roll with a political party, through means con23 sistent with the requirements of this title; 

24 (D) the substantive qualifications of an 

25 elector in the State as listed in the mail voter 


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1 registration application form for elections for 

2 Federal office prescribed pursuant to section 9 

3 of the National Voter Registration Act of 1993, 

4 the consequences of false registration, and a 

5 statement that the individual should decline to 

6 register if the individual does not meet all those 

7 qualifications; 

8 (E) instructions for correcting any erro9 neous information; and 

10 (F) instructions for providing any addi11 tional information which is listed in the mail 

12 voter registration application form for elections 

13 for Federal office prescribed pursuant to section 

14 9 of the National Voter Registration Act of 

15 1993; 

16 (3) ensure that each such individual who is eli17 gible to register to vote in elections for Federal of18 fice in the State is promptly registered to vote not 

19 later than 45 days after the official sends the indi20 vidual the written notice under paragraph (2), un21 less, during the 30-day period which begins on the 

22 date the election official sends the individual such 

23 written notice, the individual declines registration in 

24 writing, through a communication made over the 


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1 Internet, or by an officially logged telephone commu2 nication; and 

3 (4) send written notice to each such individual, 

4 in addition to other means of notice established by 

5 this title, of the individual’s voter registration status. 

6 (d) CONTRIBUTING AGENCY DEFINED.—In this title, 

7 the term ‘‘contributing agency’’ means, with respect to a 

8 State, an agency listed in section 4003(e). 

9 SEC. 4003. CONTRIBUTING AGENCY ASSISTANCE IN REG10 ISTRATION. 

11 (a) IN GENERAL.—In accordance with this title, each 

12 contributing agency in a State shall assist the State’s chief 

13 election official in registering to vote all eligible individuals 

14 served by that agency. 

15 (b) REQUIREMENTS FOR CONTRIBUTING AGEN16 CIES.— 

17 (1) INSTRUCTIONS ON AUTOMATIC REGISTRA18 TION.—With each application for service or assist19 ance, and with each related recertification, renewal, 

20 or change of address, or, in the case of an institu21 tion of higher education, with each registration of a 

22 student for enrollment in a course of study, each 

23 contributing agency that (in the normal course of its 

24 operations) requests individuals to affirm United 

25 States citizenship (either directly or as part of the 


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1 overall application for service or assistance) shall in2 form each such individual who is a citizen of the 

3 United States of the following: 

4 (A) Unless that individual declines to reg5 ister to vote, or is found ineligible to vote, the 

6 individual will be registered to vote or, if appli7 cable, the individual’s registration will be up8 dated. 

9 (B) The substantive qualifications of an 

10 elector in the State as listed in the mail voter 

11 registration application form for elections for 

12 Federal office prescribed pursuant to section 9 

13 of the National Voter Registration Act of 1993, 

14 the consequences of false registration, and the 

15 individual should decline to register if the indi16 vidual does not meet all those qualifications. 

17 (C) In the case of a State in which affili18 ation or enrollment with a political party is re19 quired in order to participate in an election to 

20 select the party’s candidate in an election for 

21 Federal office, the requirement that the indi22 vidual must affiliate or enroll with a political 

23 party in order to participate in such an election. 

24 (D) Voter registration is voluntary, and 

25 neither registering nor declining to register to 


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1 vote will in any way affect the availability of 

2 services or benefits, nor be used for other pur3 poses. 

4 (2) OPPORTUNITY TO DECLINE REGISTRATION

5 REQUIRED.—Each contributing agency shall ensure 

6 that each application for service or assistance, and 

7 each related recertification, renewal, or change of 

8 address, or, in the case of an institution of higher 

9 education, each registration of a student for enroll10 ment in a course of study, cannot be completed until 

11 the individual is given the opportunity to decline to 

12 be registered to vote. 

13 (3) INFORMATION TRANSMITTAL.—Upon the 

14 expiration of the 30-day period which begins on the 

15 date the contributing agency informs the individual 

16 of the information described in paragraph (1), each 

17 contributing agency shall electronically transmit to 

18 the appropriate State election official, in a format 

19 compatible with the statewide voter database main20 tained under section 303 of the Help America Vote 

21 Act of 2002 (52 U.S.C. 21083), the following infor22 mation, unless during such 30-day period the indi23 vidual declined to be registered to vote: 

24 (A) The individual’s given name(s) and 

25 surname(s). 


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1 (B) The individual’s date of birth. 

2 (C) The individual’s residential address. 

3 (D) Information showing that the indi4 vidual is a citizen of the United States. 

5 (E) The date on which information per6 taining to that individual was collected or last 

7 updated. 

8 (F) If available, the individual’s signature 

9 in electronic form. 

10 (G) Information regarding the individual’s 

11 affiliation or enrollment with a political party, 

12 if the individual provides such information. 

13 (H) Any additional information listed in 

14 the mail voter registration application form for 

15 elections for Federal office prescribed pursuant 

16 to section 9 of the National Voter Registration 

17 Act of 1993, including any valid driver’s license 

18 number or the last 4 digits of the individual’s 

19 Social Security number, if the individual pro20 vided such information. 

21 (c) ALTERNATE PROCEDURE FOR CERTAIN CON22 TRIBUTING AGENCIES.—With each application for service 

23 or assistance, and with each related recertification, re24 newal, or change of address, or in the case of an institu25 tion of higher education, with each registration of a stuVerDate Sep 11 2014 02:56 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880

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1 dent for enrollment in a course of study, any contributing 

2 agency that in the normal course of its operations does 

3 not request individuals applying for service or assistance 

4 to affirm United States citizenship (either directly or as 

5 part of the overall application for service or assistance) 

6 shall— 

7 (1) complete the requirements of section 7(a)(6) 

8 of the National Voter Registration Act of 1993 (52 

9 U.S.C. 20506(a)(6)); 

10 (2) ensure that each applicant’s transaction 

11 with the agency cannot be completed until the appli12 cant has indicated whether the applicant wishes to 

13 register to vote or declines to register to vote in elec14 tions for Federal office held in the State; and 

15 (3) for each individual who wishes to register to 

16 vote, transmit that individual’s information in ac17 cordance with subsection (b)(3). 

18 (d) REQUIRED AVAILABILITY OF AUTOMATIC REG19 ISTRATION OPPORTUNITY WITH EACH APPLICATION FOR

20 SERVICE OR ASSISTANCE.—Each contributing agency 

21 shall offer each individual, with each application for serv22 ice or assistance, and with each related recertification, re23 newal, or change of address, or in the case of an institu24 tion of higher education, with each registration of a stu25 dent for enrollment in a course of study, the opportunity 


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1 to register to vote as prescribed by this section without 

2 regard to whether the individual previously declined a reg3 istration opportunity. 

4 (e) CONTRIBUTING AGENCIES.— 

5 (1) STATE AGENCIES.—In each State, each of 

6 the following agencies shall be treated as a contrib7 uting agency: 

8 (A) Each agency in a State that is re9 quired by Federal law to provide voter registra10 tion services, including the State motor vehicle 

11 authority and other voter registration agencies 

12 under the National Voter Registration Act of 

13 1993. 

14 (B) Each agency in a State that admin15 isters a program pursuant to title III of the So16 cial Security Act (42 U.S.C. 501 et seq.), title 

17 XIX of the Social Security Act (42 U.S.C. 1396 

18 et seq.), or the Patient Protection and Afford19 able Care Act (Public Law 111–148). 

20 (C) Each State agency primarily respon21 sible for regulating the private possession of 

22 firearms. 

23 (D) Each State agency primarily respon24 sible for maintaining identifying information for 

25 students enrolled at public secondary schools, 


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1 including, where applicable, the State agency 

2 responsible for maintaining the education data 

3 system described in section 6201(e)(2) of the 

4 America COMPETES Act (20 U.S.C. 

5 9871(e)(2)). 

6 (E) In the case of a State in which an in7 dividual disenfranchised by a criminal convic8 tion may become eligible to vote upon comple9 tion of a criminal sentence or any part thereof, 

10 or upon formal restoration of rights, the State 

11 agency responsible for administering that sen12 tence, or part thereof, or that restoration of 

13 rights. 

14 (F) Any other agency of the State which is 

15 designated by the State as a contributing agen16 cy. 

17 (2) FEDERAL AGENCIES.—In each State, each 

18 of the following agencies of the Federal Government 

19 shall be treated as a contributing agency with re20 spect to individuals who are residents of that State 

21 (except as provided in subparagraph (C)): 

22 (A) The Social Security Administration, 

23 the Department of Veterans Affairs, the De24 fense Manpower Data Center of the Depart25 ment of Defense, the Employee and Training 


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1 Administration of the Department of Labor, 

2 and the Centers for Medicare & Medicaid Serv3 ices of the Department of Health and Human 

4 Services. 

5 (B) The Bureau of Citizenship and Immi6 gration Services, but only with respect to indi7 viduals who have completed the naturalization 

8 process. 

9 (C) In the case of an individual who is a 

10 resident of a State in which an individual 

11 disenfranchised by a criminal conviction under 

12 Federal law may become eligible to vote upon 

13 completion of a criminal sentence or any part 

14 thereof, or upon formal restoration of rights, 

15 the Federal agency responsible for admin16 istering that sentence or part thereof (without 

17 regard to whether the agency is located in the 

18 same State in which the individual is a resi19 dent), but only with respect to individuals who 

20 have completed the criminal sentence or any 

21 part thereof. 

22 (D) Any other agency of the Federal Gov23 ernment which the State designates as a con24 tributing agency, but only if the State and the 

25 head of the agency determine that the agency 


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1 collects information sufficient to carry out the 

2 responsibilities of a contributing agency under 

3 this section. 

4 (3) INSTITUTIONS OF HIGHER EDUCATION.— 

5 Each institution of higher education that receives 

6 Federal funds shall be treated as a contributing 

7 agency in the State in which it is located, but only 

8 with respect to students of the institution (including 

9 students who attend classes online) who reside in the 

10 State. An institution of higher education described 

11 in the previous sentence shall be exempt from the 

12 voter registration requirements of section 487(a)(23) 

13 of the Higher Education Act of 1965 (20 U.S.C. 

14 1094(a)(23)) if the institution is in compliance with 

15 the applicable requirements of this Act. 

16 (4) PUBLICATION.—Not later than 180 days 

17 prior to the date of each election for Federal office 

18 held in the State, the chief State election official 

19 shall publish on the public website of the official an 

20 updated list of all contributing agencies in that 

21 State. 

22 (5) PUBLIC EDUCATION.—The chief State elec23 tion official of each State, in collaboration with each 

24 contributing agency, shall take appropriate measures 


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1 to educate the public about voter registration under 

2 this section. 

3 SEC. 4004. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE 

4 IN REGISTRATION OF ELIGIBLE VOTERS IN 

5 EXISTING RECORDS. 

6 (a) INITIAL TRANSMITTAL OF INFORMATION.—For 

7 each individual already listed in a contributing agency’s 

8 records as of the date of enactment of this Act, and for 

9 whom the agency has the information listed in section 

10 4003(b)(3), the agency shall promptly transmit that infor11 mation to the appropriate State election official in accord12 ance with section 4003(b)(3) not later than the effective 

13 date described in section 4011(a). 

14 (b) TRANSITION.—For each individual listed in a con15 tributing agency’s records as of the effective date de16 scribed in section 4011(a) (but who was not listed in a 

17 contributing agency’s records as of the date of enactment 

18 of this Act), and for whom the agency has the information 

19 listed in section 4003(b)(3), the Agency shall promptly 

20 transmit that information to the appropriate State election 

21 official in accordance with section 4003(b)(3) not later 

22 than 6 months after the effective date described in section 

23 4011(a). 


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1 SEC. 4005. VOTER PROTECTION AND SECURITY IN AUTO2 MATIC REGISTRATION. 

3 (a) PROTECTIONS FOR ERRORS IN REGISTRATION.— 

4 An individual shall not be prosecuted under any Federal 

5 law, adversely affected in any civil adjudication concerning 

6 immigration status or naturalization, or subject to an alle7 gation in any legal proceeding that the individual is not 

8 a citizen of the United States on any of the following 

9 grounds: 

10 (1) The individual notified an election office of 

11 the individual’s automatic registration to vote under 

12 this title. 

13 (2) The individual is not eligible to vote in elec14 tions for Federal office but was automatically reg15 istered to vote under this title. 

16 (3) The individual was automatically registered 

17 to vote under this title at an incorrect address. 

18 (4) The individual declined the opportunity to 

19 register to vote or did not make an affirmation of 

20 citizenship, including through automatic registration, 

21 under this title. 

22 (b) LIMITS ON USE OF AUTOMATIC REGISTRA23 TION.—The automatic registration of any individual or the 

24 fact that an individual declined the opportunity to register 

25 to vote or did not make an affirmation of citizenship (in26 cluding through automatic registration) under this title 


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1 may not be used as evidence against that individual in any 

2 State or Federal law enforcement proceeding, and an indi3 vidual’s lack of knowledge or willfulness of such registra4 tion may be demonstrated by the individual’s testimony 

5 alone. 

6 (c) PROTECTION OF ELECTION INTEGRITY.—Noth7 ing in subsection (a) or (b) may be construed to prohibit 

8 or restrict any action under color of law against an indi9 vidual who— 

10 (1) knowingly and willfully makes a false state11 ment to effectuate or perpetuate automatic voter 

12 registration by any individual; or 

13 (2) casts a ballot knowingly and willfully in vio14 lation of State law or the laws of the United States. 

15 (d) CONTRIBUTING AGENCIES’ PROTECTION OF IN16 FORMATION.—Nothing in this title authorizes a contrib17 uting agency to collect, retain, transmit, or publicly dis18 close any of the following: 

19 (1) An individual’s decision to decline to reg20 ister to vote or not to register to vote. 

21 (2) An individual’s decision not to affirm his or 

22 her citizenship. 

23 (3) Any information that a contributing agency 

24 transmits pursuant to section 4003(b)(3), except in 

25 pursuing the agency’s ordinary course of business. 


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1 (e) ELECTION OFFICIALS’ PROTECTION OF INFOR2 MATION.— 

3 (1) PUBLIC DISCLOSURE PROHIBITED.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), with respect to any individual for 

6 whom any State election official receives infor7 mation from a contributing agency, the State 

8 election officials shall not publicly disclose any 

9 of the following: 

10 (i) The identity of the contributing 

11 agency. 

12 (ii) Any information not necessary to 

13 voter registration. 

14 (iii) Any voter information otherwise 

15 shielded from disclosure under State law or 

16 section 8(a) of the National Voter Reg17 istration Act of 1993 (52 U.S.C. 

18 20507(a)). 

19 (iv) Any portion of the individual’s 

20 Social Security number. 

21 (v) Any portion of the individual’s 

22 motor vehicle driver’s license number. 

23 (vi) The individual’s signature. 

24 (vii) The individual’s telephone num25 ber. 


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1 (viii) The individual’s email address. 

2 (B) SPECIAL RULE FOR INDIVIDUALS REG3 ISTERED TO VOTE.—With respect to any indi4 vidual for whom any State election official re5 ceives information from a contributing agency 

6 and who, on the basis of such information, is 

7 registered to vote in the State under this title, 

8 the State election officials shall not publicly dis9 close any of the following: 

10 (i) The identity of the contributing 

11 agency. 

12 (ii) Any information not necessary to 

13 voter registration. 

14 (iii) Any voter information otherwise 

15 shielded from disclosure under State law or 

16 section 8(a) of the National Voter Reg17 istration Act of 1993 (52 U.S.C. 

18 20507(a)). 

19 (iv) Any portion of the individual’s 

20 Social Security number. 

21 (v) Any portion of the individual’s 

22 motor vehicle driver’s license number. 

23 (vi) The individual’s signature. 

24 (2) VOTER RECORD CHANGES.—Each State 

25 shall maintain for at least 2 years and shall make 


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1 available for public inspection and, where available, 

2 photocopying at a reasonable cost, all records of 

3 changes to voter records, including removals and up4 dates. 

5 (3) DATABASE MANAGEMENT STANDARDS.— 

6 The Director of the National Institute of Standards 

7 and Technology shall, after providing the public with 

8 notice and the opportunity to comment— 

9 (A) establish standards governing the com10 parison of data for voter registration list main11 tenance purposes, identifying as part of such 

12 standards the specific data elements, the 

13 matching rules used, and how a State may use 

14 the data to determine and deem that an indi15 vidual is ineligible under State law to vote in an 

16 election, or to deem a record to be a duplicate 

17 or outdated; 

18 (B) ensure that the standards developed 

19 pursuant to this paragraph are uniform and 

20 nondiscriminatory and are applied in a uniform 

21 and nondiscriminatory manner; and 

22 (C) publish the standards developed pursu23 ant to this paragraph on the Director’s website 

24 and make those standards available in written 

25 form upon request. 


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1 (4) SECURITY POLICY.—The Director of the 

2 National Institute of Standards and Technology 

3 shall, after providing the public with notice and the 

4 opportunity to comment, publish privacy and secu5 rity standards for voter registration information. 

6 The standards shall require the chief State election 

7 official of each State to adopt a policy that shall 

8 specify— 

9 (A) each class of users who shall have au10 thorized access to the computerized statewide 

11 voter registration list, specifying for each class 

12 the permission and levels of access to be grant13 ed, and setting forth other safeguards to pro14 tect the privacy, security, and accuracy of the 

15 information on the list; and 

16 (B) security safeguards to protect personal 

17 information transmitted through the informa18 tion transmittal processes of section 4003 or 

19 section 4004, the online system used pursuant 

20 to section 4007, any telephone interface, the 

21 maintenance of the voter registration database, 

22 and any audit procedure to track access to the 

23 system. 

24 (5) STATE COMPLIANCE WITH NATIONAL

25 STANDARDS.— 


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1 (A) CERTIFICATION.—The chief executive 

2 officer of the State shall annually file with the 

3 Election Assistance Commission a statement 

4 certifying to the Director of the National Insti5 tute of Standards and Technology that the 

6 State is in compliance with the standards re7 ferred to in paragraphs (4) and (5). A State 

8 may meet the requirement of the previous sen9 tence by filing with the Commission a statement 

10 which reads as follows: ‘‘lllll hereby 

11 certifies that it is in compliance with the stand12 ards referred to in paragraphs (4) and (5) of 

13 section 4005(e) of the Automatic Voter Reg14 istration Act of 2017.’’ (with the blank to be 

15 filled in with the name of the State involved). 

16 (B) PUBLICATION OF POLICIES AND PRO17 CEDURES.—The chief State election official of a 

18 State shall publish on the official’s website the 

19 policies and procedures established under this 

20 section, and shall make those policies and pro21 cedures available in written form upon public 

22 request. 

23 (C) FUNDING DEPENDENT ON CERTIFI24 CATION.—If a State does not timely file the cer25 tification required under this paragraph, it shall 


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1 not receive any payment under this Act for the 

2 upcoming fiscal year. 

3 (D) COMPLIANCE OF STATES THAT RE4 QUIRE CHANGES TO STATE LAW.—In the case 

5 of a State that requires State legislation to 

6 carry out an activity covered by any certifi7 cation submitted under this paragraph, for a 

8 period of not more than 2 years the State shall 

9 be permitted to make the certification notwith10 standing that the legislation has not been en11 acted at the time the certification is submitted, 

12 and such State shall submit an additional cer13 tification once such legislation is enacted. 

14 (f) RESTRICTIONS ON USE OF INFORMATION.—No 

15 person acting under color of law may discriminate against 

16 any individual based on, or use for any purpose other than 

17 voter registration, election administration, or enforcement 

18 relating to election crimes, any of the following: 

19 (1) Voter registration records. 

20 (2) An individual’s declination to register to 

21 vote or complete an affirmation of citizenship under 

22 section 4003(b). 

23 (3) An individual’s voter registration status. 

24 (g) PROHIBITION ON THE USE OF VOTER REGISTRA25 TION INFORMATION FOR COMMERCIAL PURPOSES.—InVerDate Sep 11 2014 02:56 Sep 30, 2017 Jkt 069200 PO 00000 Frm 00335 Fmt 6652 Sfmt 6201 E:\BILLS\S1880.IS S1880

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1 formation collected under this title shall not be used for 

2 commercial purposes. Nothing in this subsection may be 

3 construed to prohibit the transmission, exchange, or dis4 semination of information for political purposes, including 

5 the support of campaigns for election for Federal, State, 

6 or local public office or the activities of political commit7 tees (including committees of political parties) under the 

8 Federal Election Campaign Act of 1971. 

9 SEC. 4006. REGISTRATION PORTABILITY AND CORRECTION. 

10 (a) CORRECTING REGISTRATION INFORMATION AT

11 POLLING PLACE.—Notwithstanding section 302(a) of the 

12 Help America Vote Act of 2002 (52 U.S.C. 21082(a)), if 

13 an individual is registered to vote in elections for Federal 

14 office held in a State, the appropriate election official at 

15 the polling place for any such election (including a location 

16 used as a polling place on a date other than the date of 

17 the election) shall permit the individual to— 

18 (1) update the individual’s address for purposes 

19 of the records of the election official; 

20 (2) correct any incorrect information relating to 

21 the individual, including the individual’s name and 

22 political party affiliation, in the records of the elec23 tion official; and 

24 (3) cast a ballot in the election on the basis of 

25 the updated address or corrected information, and to 


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1 have the ballot treated as a regular ballot and not 

2 as a provisional ballot under section 302(a) of such 

3 Act. 

4 (b) UPDATES TO COMPUTERIZED STATEWIDE VOTER

5 REGISTRATION LISTS.—If an election official at the poll6 ing place receives an updated address or corrected infor7 mation from an individual under subsection (a), the offi8 cial shall ensure that the address or information is 

9 promptly entered into the computerized statewide voter 

10 registration list in accordance with section 

11 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 

12 (52 U.S.C. 21083(a)(1)(A)(vi)). 

13 SEC. 4007. ONLINE REGISTRATION. 

14 (a) IN GENERAL.—Each State shall ensure that the 

15 following services are available on the official public 

16 websites of the appropriate State election officials: 

17 (1) Application for or update to voter registra18 tion using an electronic version of the mail voter 

19 registration application form the Election Assistance 

20 Commission prescribes, and any additional voter reg21 istration form the State develops pursuant to section 

22 6(a) of the National Voter Registration Act of 1993 

23 (52 U.S.C. 20505(a)). 

24 (2) Completion of a printable version of the 

25 mail voter registration application form the Election 


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1 Assistance Commission prescribes, and any addi2 tional voter registration form the State develops pur3 suant to section 6(a) of the National Voter Registra4 tion Act of 1993 (52 U.S.C. 20505(a)). 

5 (3) Correction of voter registration. 

6 (4) Designation of political party affiliation, 

7 where applicable. 

8 (5) Cancellation of registration and removal 

9 from the voter rolls. 

10 (6) Declination of any automatic registration. 

11 (b) SIGNATURE REQUIREMENTS.—The appropriate 

12 State election official shall accept an online voter registra13 tion application and register each eligible individual to 

14 vote if the application provides a signature by any of the 

15 following: 

16 (1) In the case of an individual who has a sig17 nature on file with a State agency, including the 

18 State motor vehicle authority, that is required to 

19 provide voter registration services by the National 

20 Voter Registration Act of 1993 (52 U.S.C. 20501 et 

21 seq.), the individual consents to the transfer of that 

22 electronic signature. 

23 (2) The individual submits with the application 

24 an electronic copy of the individual’s handwritten 

25 signature. 


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1 (3) If the State chooses to accept it, the indi2 vidual’s execution of a computerized mark in the sig3 nature field on an online voter registration applica4 tion. 

5 (4) The individual otherwise completes registra6 tion under this section and provides a signature at 

7 the time of casting a ballot in an election or at the 

8 time of applying for a ballot (including an absentee 

9 ballot) in an upcoming election. The online system 

10 and disposition notice sent to any individual pursu11 ant to this paragraph must inform the individual of 

12 the process for providing a signature. 

13 (c) INTERAGENCY TRANSMISSION OF ELECTRONIC

14 SIGNATURES.—Each State agency that is required by the 

15 National Voter Registration Act of 1993 (52 U.S.C. 

16 20501 et seq.) to provide voter registration services, in17 cluding the State motor vehicle authority, shall electroni18 cally transmit to the appropriate State election official the 

19 signature of any individual who has a signature on file 

20 with the agency and who consents to the transfer of that 

21 electronic signature under subsection (b)(1). 

22 (d) PRE-ELECTION CORRECTION.—Any correction to 

23 the statewide voter registration database pursuant to this 

24 section that is made no later than the lesser of thirty days, 

25 or the period State law provides, before a Federal election 


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1 shall be effective for purposes of that Federal election and 

2 succeeding elections. 

3 (e) ACCESSIBILITY OF SERVICES.—Each State shall 

4 ensure that all of the services provided under this section 

5 are provided in a manner accessible to individuals with 

6 disabilities. 

7 SEC. 4008. PAYMENTS AND GRANTS. 

8 (a) IN GENERAL.—The Election Assistance Commis9 sion shall make grants to each eligible State to assist the 

10 State in implementing the requirements of this title. 

11 (b) ELIGIBILITY; APPLICATION.—A State is eligible 

12 to receive a grant under this section if the State submits 

13 to the Commission, at such time and in such form as the 

14 Commission may require, an application containing— 

15 (1) a description of the activities the State will 

16 carry out with the grant; 

17 (2) an assurance that the State shall carry out 

18 such activities without partisan bias and without 

19 promoting any particular point of view regarding 

20 any issue; and 

21 (3) such other information and assurances as 

22 the Commission may require. 

23 (c) AMOUNT OF GRANT; PRIORITIES.—The Commis24 sion shall determine the amount of a grant made to an 

25 eligible State under this section. In determining the 


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1 amounts of the grants, the Commission shall give priority 

2 to providing funds for those activities which are most like3 ly to accelerate compliance with the requirements of this 

4 title, including— 

5 (1) investments supporting electronic informa6 tion transfer, including electronic collection and 

7 transfer of signatures, between contributing agencies 

8 and the appropriate State election officials; 

9 (2) updates to online or electronic voter reg10 istration systems already operating as of the date of 

11 the enactment of this Act; 

12 (3) introduction of online voter registration sys13 tems in jurisdictions in which those systems did not 

14 previously exist; and 

15 (4) public education on the availability of new 

16 methods of registering to vote, updating registration, 

17 and correcting registration. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.— 

19 (1) AUTHORIZATION.—There are authorized to 

20 be appropriated to carry out this section— 

21 (A) $500,000,000 for fiscal year 2018; and 

22 (B) such sums as may be necessary for 

23 each succeeding fiscal year. 

24 (2) CONTINUING AVAILABILITY OF FUNDS.— 

25 Any amounts appropriated pursuant to the authority 


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1 of this subsection shall remain available without fis2 cal year limitation until expended. 

3 SEC. 4009. MISCELLANEOUS PROVISIONS. 

4 (a) ACCESSIBILITY OF REGISTRATION SERVICES.— 

5 Each contributing agency shall ensure that the services 

6 it provides under this title are made available to individ7 uals with disabilities to the same extent as services are 

8 made available to all other individuals. 

9 (b) TRANSMISSION THROUGH SECURE THIRD PARTY

10 PERMITTED.—Nothing in this title shall be construed to 

11 prevent a contributing agency from contracting with a 

12 third party to assist the agency in meeting the information 

13 transmittal requirements of this Act, so long as the data 

14 transmittal complies with the applicable requirements of 

15 this title, including the privacy and security provisions of 

16 section 4005. 

17 (c) NONPARTISAN, NONDISCRIMINATORY PROVISION

18 OF SERVICES.—The services made available by contrib19 uting agencies under this title and by the State under sec20 tions 4006 and 4007 shall be made in a manner consistent 

21 with paragraphs (4), (5), and (6)(C) of section 7(a) of 

22 the National Voter Registration Act of 1993 (52 U.S.C. 

23 20506(a)). 

24 (d) NOTICES.—Each State may send notices under 

25 this title via electronic mail if the individual has provided 


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1 an electronic mail address and consented to electronic mail 

2 communications for election-related materials. All notices 

3 sent pursuant to this title that require a response must 

4 offer the individual notified the opportunity to respond at 

5 no cost to the individual. 

6 (e) ENFORCEMENT.—Section 11 of the National 

7 Voter Registration Act of 1993 (52 U.S.C. 20510), relat8 ing to civil enforcement and the availability of private 

9 rights of action, shall apply with respect to this title in 

10 the same manner as such section applies to such Act. 

11 (f) RELATION TO OTHER LAWS.—Except as pro12 vided, nothing in this title may be construed to authorize 

13 or require conduct prohibited under, or to supersede, re14 strict, or limit the application of any of the following: 

15 (1) The Voting Rights Act of 1965 (52 U.S.C. 

16 10301 et seq.). 

17 (2) The Uniformed and Overseas Citizens Ab18 sentee Voting Act (52 U.S.C. 20301 et seq.). 

19 (3) The National Voter Registration Act of 

20 1993 (52 U.S.C. 20501 et seq.). 

21 (4) The Help America Vote Act of 2002 (52 

22 U.S.C. 20901 et seq.). 

23 SEC. 4010. DEFINITIONS. 

24 In this title, the following definitions apply: 


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1 (1) The term ‘‘chief State election official’’ 

2 means, with respect to a State, the individual des3 ignated by the State under section 10 of the Na4 tional Voter Registration Act of 1993 (52 U.S.C. 

5 20509) to be responsible for coordination of the 

6 State’s responsibilities under such Act. 

7 (2) The term ‘‘Commission’’ means the Election 

8 Assistance Commission. 

9 (3) The term ‘‘State’’ means each of the several 

10 States and the District of Columbia. 

11 SEC. 4011. EFFECTIVE DATE. 

12 (a) IN GENERAL.—Except as provided in subsection 

13 (b), this subtitle and the amendments made by this sub14 title shall apply with respect to a State beginning January 

15 1, 2019. 

16 (b) WAIVER.—Subject to the approval of the Com17 mission, if a State certifies to the Commission that the 

18 State will not meet the deadline referred to in subsection 

19 (a) because of extraordinary circumstances and includes 

20 in the certification the reasons for the failure to meet the 

21 deadline, subsection (a) shall apply to the State as if the 

22 reference in such subsection to ‘‘January 1, 2019’’ were 

23 a reference to ‘‘January 1, 2021’’. 


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1 Subtitle B—Same Day Registration 

2 SEC. 4101. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Same Day Reg4 istration Act of 2017’’. 

5 SEC. 4102. SAME DAY REGISTRATION. 

6 (a) IN GENERAL.—Subtitle A of title III of the Help 

7 America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is 

8 amended by inserting after section 303 the following new 

9 section: 

10 ‘‘SEC. 303A. SAME DAY REGISTRATION. 

11 ‘‘(a) IN GENERAL.— 

12 ‘‘(1) REGISTRATION.—Notwithstanding section 

13 8(a)(1)(D) of the National Voter Registration Act of 

14 1993 (52 U.S.C. 20507(a)(1)(D)), each State shall 

15 permit any eligible individual on the day of a Fed16 eral election and on any day when voting, including 

17 early voting, is permitted for a Federal election— 

18 ‘‘(A) to register to vote in such election at 

19 the polling place using a form that meets the 

20 requirements under section 9(b) of the National 

21 Voter Registration Act of 1993 (or, if the indi22 vidual is already registered to vote, to revise 

23 any of the individual’s voter registration infor24 mation); and 

25 ‘‘(B) to cast a vote in such election. 


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1 ‘‘(2) EXCEPTION.—The requirements under 

2 paragraph (1) shall not apply to a State in which, 

3 under a State law in effect continuously on and after 

4 the date of the enactment of this section, there is no 

5 voter registration requirement for individuals in the 

6 State with respect to elections for Federal office. 

7 ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this 

8 section, the term ‘eligible individual’ means, with respect 

9 to any election for Federal office, an individual who is oth10 erwise qualified to vote in that election. 

11 ‘‘(c) EFFECTIVE DATE.—Each State shall be re12 quired to comply with the requirements of subsection (a) 

13 for the regularly scheduled general election for Federal of14 fice occurring in November 2018 and for any subsequent 

15 election for Federal office.’’. 

16 (b) CONFORMING AMENDMENT RELATING TO EN17 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 

18 is amended by striking ‘‘and 303’’ and inserting ‘‘303, and 

19 303A’’. 

20 (c) CLERICAL AMENDMENT.—The table of contents 

21 for such Act is amended by inserting after the item relat22 ing to section 303 the following new item: 

‘‘Sec. 303A. Same day registration.’’. 


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1 Subtitle C—Vote by Mail 

2 SEC. 4201. PROMOTING ABILITY OF VOTERS TO VOTE BY 

3 MAIL IN FEDERAL ELECTIONS. 

4 (a) VOTING BY MAIL IN FEDERAL ELECTIONS.— 

5 (1) IN GENERAL.—Subtitle A of title III of the 

6 Help America Vote Act of 2002 (52 U.S.C. 21081 

7 et seq.), as amended by section 4102, is amended by 

8 inserting after section 303A the following new sec9 tion: 

10 ‘‘SEC. 303B. PROMOTING ABILITY OF VOTERS TO VOTE BY 

11 MAIL. 

12 ‘‘(a) IN GENERAL.—If an individual in a State is eli13 gible to cast a vote in an election for Federal office, the 

14 State may not impose any additional conditions or require15 ments on the eligibility of the individual to cast the vote 

16 in such election by mail, except to the extent that the 

17 State imposes a deadline for returning the ballot to the 

18 appropriate State or local election official. 

19 ‘‘(b) PROVISION OF BALLOT MATERIALS.—Not later 

20 than 2 weeks before the date of any election for Federal 

21 office, each State shall mail ballots to individuals who are 

22 registered to vote in such election. 

23 ‘‘(c) ACCESSIBILITY FOR INDIVIDUALS WITH DIS24 ABILITIES.—All ballots provided under this section shall 

25 be accessible to individuals with disabilities in a manner 


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1 that provides the same opportunity for access and partici2 pation (including for privacy and independence) as for 

3 other voters. 

4 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to affect the authority of States 

6 to conduct elections for Federal office through the use of 

7 polling places at which individuals cast ballots. 

8 ‘‘(e) EFFECTIVE DATE.—A State shall be required 

9 to comply with the requirements of subsection (a) with re10 spect to elections for Federal office held in years beginning 

11 with 2020.’’. 

12 (2) CONFORMING AMENDMENT RELATING TO

13 ENFORCEMENT.—Section 401 of such Act (52 

14 U.S.C. 21111), as amended by section 4102(b), is 

15 amended by striking ‘‘and 303A’’ and inserting 

16 ‘‘303A, and 303B’’. 

17 (3) CLERICAL AMENDMENT.—The table of con18 tents for such Act, as amended by section 4102(c), 

19 is amended by inserting after the item relating to 

20 section 303A the following new item: 

‘‘Sec. 303B. Promoting ability of voters to vote by mail.’’. 

21 (b) FREE POSTAGE FOR VOTING BY MAIL.— 

22 (1) IN GENERAL.—Chapter 34 of title 39, 

23 United States Code, is amended by adding at the 

24 end the following: 


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1 ‘‘§ 3407. Ballots provided for voting in Federal elec2 tions 

3 ‘‘Ballots mailed pursuant to section 303B(b) of the 

4 Help America Vote Act of 2002 (individually or in bulk) 

5 shall be carried expeditiously and free of postage.’’. 

6 (2) TECHNICAL AND CONFORMING AMEND7 MENTS.— 

8 (A) TABLE OF SECTIONS.—The table of 

9 sections for chapter 34 of title 39, United 

10 States Code, is amended by adding at the end 

11 the following: 

‘‘3407. Ballots provided for voting in Federal elections.’’. 

12 (B) AUTHORIZATION OF APPROPRIA13 TIONS.—Section 2401(c) of title 39, United 

14 States Code, is amended by striking ‘‘3403 

15 through 3406’’ and inserting ‘‘3403 through 

16 3407’’. 

17 TITLE V—SEVERABILITY 

18 SEC. 5001. SEVERABILITY. 

19 If any provision of this Act or amendment made by 

20 this Act, or the application of a provision or amendment 

21 to any person or circumstance, is held to be unconstitu22 tional, the remainder of this and amendments made by 

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1 ment to any person or circumstance, shall not be affected 

2 by the holding. 

Æ 


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