II 

115TH CONGRESS 

1ST SESSION S. 1929 

To amend the Internal Revenue Code of 1986 to reform the system of 

public financing for Presidential elections, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 5, 2017 

Mr. UDALL introduced the following bill; which was read twice and referred 

to the Committee on Rules and Administration 

A BILL 

To amend the Internal Revenue Code of 1986 to reform 

the system of public financing for Presidential elections, 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Empower Act of 2017’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PRIMARY ELECTIONS 

Sec. 1001. Increase in and modifications to matching payments. 

Sec. 1002. Eligibility requirements for matching payments. 


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Sec. 1003. Repeal of expenditure limitations. 

Sec. 1004. Period of availability of matching payments. 

Sec. 1005. Examination and audits of matchable contributions. 

Sec. 1006. Modification to limitation on contributions for Presidential primary 

candidates. 

TITLE II—GENERAL ELECTIONS 

Sec. 2001. Modification of eligibility requirements for public financing. 

Sec. 2002. Repeal of expenditure limitations and use of qualified campaign contributions. 

Sec. 2003. Matching payments and other modifications to payment amounts. 

Sec. 2004. Increase in limit on coordinated party expenditures. 

Sec. 2005. Establishment of uniform date for release of payments. 

Sec. 2006. Amounts in Presidential Election Campaign Fund. 

Sec. 2007. Use of general election payments for general election legal and accounting compliance. 

TITLE III—OTHER CAMPAIGN FINANCE REFORMS 

Sec. 3001. Regulations with respect to best efforts for identifying persons making contributions. 

Sec. 3002. Rules relating to joint fundraising committees. 

Sec. 3003. Disclosure of bundled contributions to Presidential campaigns; increase in threshold for bundled contributions by lobbyists. 

Sec. 3004. Repeal of special contribution limits for contributions to national 

parties for certain purposes. 

Sec. 3005. Judicial review of actions related to campaign finance laws. 

Sec. 3006. Treatment of internet communications made by political committees 

as public communications. 

Sec. 3007. Application of limitations on contributions to political committees 

making only independent expenditures. 

1 TITLE I—PRIMARY ELECTIONS 

2 SEC. 1001. INCREASE IN AND MODIFICATIONS TO MATCH3 ING PAYMENTS. 

4 (a) INCREASE AND MODIFICATION.— 

5 (1) IN GENERAL.—The first sentence of section 

6 9034(a) of the Internal Revenue Code of 1986 is 

7 amended— 

8 (A) by striking ‘‘an amount equal to the 

9 amount of each contribution’’ and inserting ‘‘an 

10 amount equal to 600 percent of the amount of 

11 each matchable contribution (disregarding any 


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1 amount of contributions from any person to the 

2 extent that the total of the amounts contributed 

3 by such person for the election exceeds $200)’’; 

4 and 

5 (B) by striking ‘‘authorized committees’’ 

6 and all that follows through ‘‘$250’’ and insert7 ing ‘‘authorized committees’’. 

8 (2) MATCHABLE CONTRIBUTIONS.—Section 

9 9034 of such Code is amended— 

10 (A) by striking the last sentence of sub11 section (a); and 

12 (B) by inserting after subsection (b) the 

13 following new subsection: 

14 ‘‘(c) MATCHABLE CONTRIBUTION DEFINED.—For 

15 purposes of this section and section 9033(b)— 

16 ‘‘(1) MATCHABLE CONTRIBUTION.—The term 

17 ‘matchable contribution’ means, with respect to the 

18 nomination for election to the office of President of 

19 the United States, a contribution by an individual to 

20 a candidate or an authorized committee of a can21 didate with respect to which the candidate has cer22 tified in writing that— 

23 ‘‘(A) the individual making such contribu24 tion has not made aggregate contributions (in25 cluding such matchable contribution) to such 


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1 candidate and the authorized committees of 

2 such candidate in excess of $1,000 for the elec3 tion, 

4 ‘‘(B) such candidate and the authorized 

5 committees of such candidate will not accept 

6 contributions from such individual (including 

7 such matchable contribution) aggregating more 

8 than the amount described in subparagraph 

9 (A), and 

10 ‘‘(C) such contribution was not— 

11 ‘‘(i) forwarded from the contributor 

12 by any person other than an individual, or 

13 ‘‘(ii) received by the candidate or com14 mittee from a contributor or contributors, 

15 but credited by the committee or candidate 

16 to another person who is not an individual 

17 through records, designations, or other 

18 means of recognizing (whether in writing 

19 or not in writing) that a certain amount of 

20 money has been raised by such person. 

21 ‘‘(2) CONTRIBUTION.—For purposes of this 

22 subsection, the term ‘contribution’ means a gift of 

23 money made by a written instrument which identi24 fies the individual making the contribution by full 

25 name and mailing address, but does not include a 


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1 subscription, loan, advance, or deposit of money, or 

2 anything of value or anything described in subpara3 graph (B), (C), or (D) of section 9032(4).’’. 

4 (3) CONFORMING AMENDMENTS.— 

5 (A) Section 9032(4) of such Code is 

6 amended by striking ‘‘section 9034(a)’’ and in7 serting ‘‘section 9034’’. 

8 (B) Section 9033(b)(3) of such Code is 

9 amended by striking ‘‘matching contributions’’ 

10 and inserting ‘‘matchable contributions’’. 

11 (b) MODIFICATION OF PAYMENT LIMITATION.— 

12 (1) IN GENERAL.—Section 9034(b) of such 

13 Code is amended— 

14 (A) by striking ‘‘Every’’ and inserting the 

15 following: 

16 ‘‘(1) IN GENERAL.—Every’’; 

17 (2) by striking ‘‘shall not exceed’’ and all that 

18 follows and inserting ‘‘shall not exceed 

19 $300,000,000.’’; and 

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

21 paragraph: 

22 ‘‘(3) INFLATION ADJUSTMENT.— 

23 ‘‘(A) IN GENERAL.—In the case of any ap24 plicable period beginning after 2019, the dollar 


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1 amount in paragraph (1) shall be increased by 

2 an amount equal to— 

3 ‘‘(i) such dollar amount, multiplied by 

4 ‘‘(ii) the cost-of-living adjustment de5 termined under section 1(f)(3) for the cal6 endar year following the year which such 

7 applicable period begins, determined by 

8 substituting ‘calendar year 2018’ for ‘cal9 endar year 1992’ in subparagraph (B) 

10 thereof. 

11 ‘‘(B) APPLICABLE PERIOD.—For purposes 

12 of this paragraph, the term ‘applicable period’ 

13 means the 4-year period beginning with the 

14 first day following the date of the general elec15 tion for the office of President and ending on 

16 the date of the next such general election. 

17 ‘‘(C) ROUNDING.—If any amount as ad18 justed under subparagraph (1) is not a multiple 

19 of $10,000, such amount shall be rounded to 

20 the nearest multiple of $10,000.’’. 

21 SEC. 1002. ELIGIBILITY REQUIREMENTS FOR MATCHING 

22 PAYMENTS. 

23 (a) AMOUNT OF AGGREGATE CONTRIBUTIONS PER

24 STATE; DISREGARDING OF AMOUNTS CONTRIBUTED IN


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1 EXCESS OF $200.—Section 9033(b)(3) of the Internal 

2 Revenue Code of 1986 is amended— 

3 (1) by striking ‘‘$5,000’’ and inserting 

4 ‘‘$25,000’’; and 

5 (2) by striking ‘‘20 States’’ and inserting the 

6 following: ‘‘20 States (disregarding any amount of 

7 contributions from any such resident to the extent 

8 that the total of the amounts contributed by such 

9 resident for the election exceeds $200)’’. 

10 (b) CONTRIBUTION LIMIT.— 

11 (1) IN GENERAL.—Paragraph (4) of section 

12 9033(b) of such Code is amended to read as follows: 

13 ‘‘(4) the candidate and the authorized commit14 tees of the candidate will not accept aggregate con15 tributions from any person with respect to the nomi16 nation for election to the office of President of the 

17 United States in excess of $1,000 for the election.’’. 

18 (2) CONFORMING AMENDMENTS.— 

19 (A) Section 9033(b) of such Code is 

20 amended by adding at the end the following 

21 new flush sentence: 

22 ‘‘For purposes of paragraph (4), the term ‘contribution’ 

23 has the meaning given such term in section 301(8) of the 

24 Federal Election Campaign Act of 1971.’’. 


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1 (B) Section 9032(4) of such Code, as 

2 amended by section 1001(a)(3)(A) is amended 

3 by inserting ‘‘or 9033(b)’’ after ‘‘9034’’. 

4 (c) BAN ON ACCEPTANCE OF BUNDLED CONTRIBU5 TIONS.—Section 9033(b) of such Code, as amended by 

6 subsection (b), is amended— 

7 (1) by striking ‘‘and’’ at the end of paragraph 

8 (3); 

9 (2) by striking the period at the end of para10 graph (4) and inserting ‘‘, and’’; and 

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

12 paragraph: 

13 ‘‘(5) the candidate and the authorized com14 mittee of the candidate will not accept any bundled 

15 contribution (as defined in section 304(i)(8) of the 

16 Federal Election Campaign Act of 1971) forwarded 

17 by or credited to a person described in section 

18 304(i)(7) of such Act.’’. 

19 (d) PARTICIPATION IN SYSTEM FOR PAYMENTS FOR

20 GENERAL ELECTION.—Section 9033(b) of such Code, as 

21 amended by subsection (c), is amended— 

22 (1) by striking ‘‘and’’ at the end of paragraph 

23 (4); 

24 (2) by striking the period at the end of para25 graph (5) and inserting ‘‘, and’’; and 


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

2 paragraph: 

3 ‘‘(6) if the candidate is nominated by a political 

4 party for election to the office of President, the can5 didate will apply for and accept payments with re6 spect to the general election for such office in ac7 cordance with chapter 95.’’. 

8 SEC. 1003. REPEAL OF EXPENDITURE LIMITATIONS. 

9 (a) IN GENERAL.—Subsection (a) of section 9035 of 

10 the Internal Revenue Code of 1986 is amended to read 

11 as follows: 

12 ‘‘(a) PERSONAL EXPENDITURE LIMITATION.—No 

13 candidate shall knowingly make expenditures from his per14 sonal funds, or the personal funds of his immediate family, 

15 in connection with his campaign for nomination for elec16 tion to the office of President in excess of, in the aggre17 gate, $50,000.’’. 

18 (b) CONFORMING AMENDMENT.—Paragraph (1) of 

19 section 9033(b) of the Internal Revenue Code of 1986 is 

20 amended to read as follows: 

21 ‘‘(1) the candidate will comply with the per22 sonal expenditure limitation under section 9035,’’. 


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1 SEC. 1004. PERIOD OF AVAILABILITY OF MATCHING PAY2 MENTS. 

3 Section 9032(6) of the Internal Revenue Code of 

4 1986 is amended by striking ‘‘the beginning of the cal5 endar year in which a general election for the office of 

6 President of the United States will be held’’ and inserting 

7 ‘‘the date that is 6 months prior to the date of the earliest 

8 State primary election’’. 

9 SEC. 1005. EXAMINATION AND AUDITS OF MATCHABLE CON10 TRIBUTIONS. 

11 Section 9038(a) of the Internal Revenue Code of 

12 1986 is amended by inserting ‘‘and matchable contribu13 tions accepted by’’ after ‘‘qualified campaign expenses of’’. 

14 SEC. 1006. MODIFICATION TO LIMITATION ON CONTRIBU15 TIONS FOR PRESIDENTIAL PRIMARY CAN16 DIDATES. 

17 Section 315(a)(6) of the Federal Election Campaign 

18 Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by strik19 ing ‘‘calendar year’’ and inserting ‘‘four-year election 

20 cycle’’. 

21 TITLE II—GENERAL ELECTIONS 

22 SEC. 2001. MODIFICATION OF ELIGIBILITY REQUIREMENTS 

23 FOR PUBLIC FINANCING. 

24 Subsection (a) of section 9003 of the Internal Rev25 enue Code of 1986 is amended to read as follows: 


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1 ‘‘(a) IN GENERAL.—In order to be eligible to receive 

2 any payments under section 9006, the candidates of a po3 litical party in a presidential election shall meet the fol4 lowing requirements: 

5 ‘‘(1) PARTICIPATION IN PRIMARY PAYMENT

6 SYSTEM.—The candidate for President received pay7 ments under chapter 96 for the campaign for nomi8 nation for election to be President. 

9 ‘‘(2) AGREEMENTS WITH COMMISSION.—The 

10 candidates, in writing— 

11 ‘‘(A) agree to obtain and furnish to the 

12 Commission such evidence as it may request of 

13 the qualified campaign expenses of such can14 didates, 

15 ‘‘(B) agree to keep and furnish to the 

16 Commission such records, books, and other in17 formation as it may request, and 

18 ‘‘(C) agree to an audit and examination by 

19 the Commission under section 9007 and to pay 

20 any amounts required to be paid under such 

21 section. 

22 ‘‘(3) BAN ON BUNDLED CONTRIBUTIONS.—The 

23 candidates certify to the Commission, under penalty 

24 of perjury and within such time prior to the day of 

25 the presidential election as the Commission shall 


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1 prescribe by rules or regulations, that the candidates 

2 and the authorized committees of such candidates 

3 will not accept any bundled contribution (as defined 

4 in section 304(i)(8) of the Federal Election Cam5 paign Act of 1971) forwarded by or credited to a 

6 person described in section 304(i)(7) of such Act.’’. 

7 SEC. 2002. REPEAL OF EXPENDITURE LIMITATIONS AND 

8 USE OF QUALIFIED CAMPAIGN CONTRIBU9 TIONS. 

10 (a) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS

11 WITHOUT EXPENDITURE LIMITS; APPLICATION OF SAME

12 REQUIREMENTS FOR MAJOR, MINOR, AND NEW PAR13 TIES.—Section 9003 of the Internal Revenue Code of 

14 1986 is amended by striking subsections (b) and (c) and 

15 inserting the following: 

16 ‘‘(b) USE OF QUALIFIED CAMPAIGN CONTRIBUTIONS

17 TO DEFRAY EXPENSES.— 

18 ‘‘(1) IN GENERAL.—In order to be eligible to 

19 receive any payments under section 9006, the can20 didates of a party in a presidential election shall cer21 tify to the Commission, under penalty of perjury, 

22 that— 

23 ‘‘(A) such candidates and their authorized 

24 committees have not and will not accept any 


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1 contributions to defray qualified campaign ex2 penses other than— 

3 ‘‘(i) qualified campaign contributions, 

4 and 

5 ‘‘(ii) contributions to the extent nec6 essary to make up any deficiency payments 

7 received out of the fund on account of the 

8 application of section 9006(c), and 

9 ‘‘(B) such candidates and their authorized 

10 committees have not and will not accept any 

11 contribution to defray expenses which would be 

12 qualified campaign expenses but for subpara13 graph (C) of section 9002(11). 

14 ‘‘(2) TIMING OF CERTIFICATION.—The can15 didate shall make the certification required under 

16 this subsection at the same time the candidate 

17 makes the certification required under subsection 

18 (a)(3).’’. 

19 (b) DEFINITION OF QUALIFIED CAMPAIGN CON20 TRIBUTION.—Section 9002 of such Code is amended by 

21 adding at the end the following new paragraph: 

22 ‘‘(13) QUALIFIED CAMPAIGN CONTRIBUTION.— 

23 The term ‘qualified campaign contribution’ means, 

24 with respect to any election for the office of Presi25 dent of the United States, a contribution from an inVerDate Sep 11 2014 04:02 Oct 11, 2017 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S1929.IS S1929

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1 dividual to a candidate or an authorized committee 

2 of a candidate which— 

3 ‘‘(A) does not exceed $1,000 for the elec4 tion, and 

5 ‘‘(B) with respect to which the candidate 

6 has certified in writing that— 

7 ‘‘(i) the individual making such con8 tribution has not made aggregate contribu9 tions (including such qualified contribu10 tion) to such candidate and the authorized 

11 committees of such candidate in excess of 

12 the amount described in subparagraph (A), 

13 and 

14 ‘‘(ii) such candidate and the author15 ized committees of such candidate will not 

16 accept contributions from such individual 

17 (including such qualified contribution) ag18 gregating more than the amount described 

19 in subparagraph (A) with respect to such 

20 election.’’. 

21 (c) CONFORMING AMENDMENTS.— 

22 (1) REPEAL OF EXPENDITURE LIMITS.— 

23 (A) IN GENERAL.—Section 315 of the Fed24 eral Election Campaign Act of 1971 (52 U.S.C. 

25 30116) is amended by striking subsection (b). 


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1 (B) CONFORMING AMENDMENTS.—Section 

2 315(c) of such Act (52 U.S.C. 30116(c)) is 

3 amended— 

4 (i) in paragraph (1)(B)(i), by striking 

5 ‘‘, (b)’’; and 

6 (ii) in paragraph (2)(B)(i), by striking 

7 ‘‘subsections (b) and (d)’’ and inserting 

8 ‘‘subsection (d)’’. 

9 (2) REPEAL OF REPAYMENT REQUIREMENT.— 

10 (A) IN GENERAL.—Section 9007(b) of the 

11 Internal Revenue Code of 1986 is amended by 

12 striking paragraph (2) and redesignating para13 graphs (3), (4), and (5) as paragraphs (2), (3), 

14 and (4), respectively. 

15 (B) CONFORMING AMENDMENT.—Para16 graph (2) of section 9007(b) of such Code, as 

17 redesignated by subparagraph (A), is amend18 ed— 

19 (i) by striking ‘‘a major party’’ and 

20 inserting ‘‘a party’’; 

21 (ii) by inserting ‘‘qualified contribu22 tions and’’ after ‘‘contributions (other 

23 than’’; and 

24 (iii) by striking ‘‘(other than qualified 

25 campaign expenses with respect to which 


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1 payment is required under paragraph 

2 (2))’’. 

3 (3) CRIMINAL PENALTIES.— 

4 (A) REPEAL OF PENALTY FOR EXCESS EX5 PENSES.—Section 9012 of the Internal Revenue 

6 Code of 1986 is amended by striking subsection 

7 (a). 

8 (B) PENALTY FOR ACCEPTANCE OF DIS9 ALLOWED CONTRIBUTIONS; APPLICATION OF

10 SAME PENALTY FOR CANDIDATES OF MAJOR, 

11 MINOR, AND NEW PARTIES.—Subsection (b) of 

12 section 9012 of such Code is amended to read 

13 as follows: 

14 ‘‘(b) CONTRIBUTIONS.— 

15 ‘‘(1) ACCEPTANCE OF DISALLOWED CONTRIBU16 TIONS.—It shall be unlawful for an eligible can17 didate of a party in a presidential election or any of 

18 his authorized committees knowingly and willfully to 

19 accept any contribution to defray qualified campaign 

20 expenses, except to the extent necessary to make up 

21 any deficiency in payments received out of the fund 

22 on account of the application of section 9006(c), or 

23 to defray expenses which would be qualified cam24 paign expenses but for subparagraph (C) of section 

25 9002(11). 


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1 ‘‘(2) PENALTY.—Any person who violates para2 graph (1) shall be fined not more than $5,000, or 

3 imprisoned not more than one year, or both. In the 

4 case of a violation by an authorized committee, any 

5 officer or member of such committee who knowingly 

6 and willfully consents to such violation shall be fined 

7 not more than $5,000, or imprisoned not more than 

8 one year, or both.’’. 

9 SEC. 2003. MATCHING PAYMENTS AND OTHER MODIFICA10 TIONS TO PAYMENT AMOUNTS. 

11 (a) IN GENERAL.— 

12 (1) AMOUNT OF PAYMENTS; APPLICATION OF

13 SAME AMOUNT FOR CANDIDATES OF MAJOR, MINOR, 

14 AND NEW PARTIES.—Subsection (a) of section 9004 

15 of the Internal Revenue Code of 1986 is amended to 

16 read as follows: 

17 ‘‘(a) IN GENERAL.—Subject to the provisions of this 

18 chapter, the eligible candidates of a party in a presidential 

19 election shall be entitled to equal payment under section 

20 9006 in an amount equal to 600 percent of the amount 

21 of each matchable contribution received by such candidate 

22 or by the candidate’s authorized committees (disregarding 

23 any amount of contributions from any person to the extent 

24 that the total of the amounts contributed by such person 

25 for the election exceeds $200), except that total amount 


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1 to which a candidate is entitled under this paragraph shall 

2 not exceed $300,000,000.’’. 

3 (2) REPEAL OF SEPARATE LIMITATIONS FOR

4 CANDIDATES OF MINOR AND NEW PARTIES; INFLA5 TION ADJUSTMENT.—Subsection (b) of section 9004 

6 of such Code is amended to read as follows: 

7 ‘‘(b) INFLATION ADJUSTMENT.— 

8 ‘‘(1) IN GENERAL.—In the case of any applica9 ble period beginning after 2019, the $300,000,000 

10 dollar amount in subsection (a) shall be increased by 

11 an amount equal to— 

12 ‘‘(A) such dollar amount, multiplied by 

13 ‘‘(B) the cost-of-living adjustment deter14 mined under section 1(f)(3) for the calendar 

15 year following the year which such applicable 

16 period begins, determined by substituting ‘cal17 endar year 2018’ for ‘calendar year 1992’ in 

18 subparagraph (B) thereof. 

19 ‘‘(2) APPLICABLE PERIOD.—For purposes of 

20 this subsection, the term ‘applicable period’ means 

21 the 4-year period beginning with the first day fol22 lowing the date of the general election for the office 

23 of President and ending on the date of the next such 

24 general election. 


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1 ‘‘(3) ROUNDING.—If any amount as adjusted 

2 under paragraph (1) is not a multiple of $10,000, 

3 such amount shall be rounded to the nearest mul4 tiple of $10,000.’’. 

5 (3) CONFORMING AMENDMENT.—Section 

6 9005(a) of such Code is amended by adding at the 

7 end the following new sentence: ‘‘The Commission 

8 shall make such additional certifications as may be 

9 necessary to receive payments under section 9004.’’. 

10 (b) MATCHABLE CONTRIBUTION.—Section 9002 of 

11 such Code, as amended by section 2002, is amended by 

12 adding at the end the following new paragraph: 

13 ‘‘(14) MATCHABLE CONTRIBUTION.—The term 

14 ‘matchable contribution’ means, with respect to the 

15 election to the office of President of the United 

16 States, a contribution by an individual to a can17 didate or an authorized committee of a candidate 

18 with respect to which the candidate has certified in 

19 writing that— 

20 ‘‘(A) the individual making such contribu21 tion has not made aggregate contributions (in22 cluding such matchable contribution) to such 

23 candidate and the authorized committees of 

24 such candidate in excess of $1,000 for the elec25 tion, 


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1 ‘‘(B) such candidate and the authorized 

2 committees of such candidate will not accept 

3 contributions from such individual (including 

4 such matchable contribution) aggregating more 

5 than the amount described in subparagraph (A) 

6 with respect to such election, and 

7 ‘‘(C) such contribution was not— 

8 ‘‘(i) forwarded from the contributor 

9 by any person other than an individual, or 

10 ‘‘(ii) received by the candidate or com11 mittee from a contributor or contributors, 

12 but credited by the committee or candidate 

13 to another person who is not an individual 

14 through records, designations, or other 

15 means of recognizing (whether in writing 

16 or not in writing) that a certain amount of 

17 money has been raised by such person.’’. 

18 SEC. 2004. INCREASE IN LIMIT ON COORDINATED PARTY 

19 EXPENDITURES. 

20 (a) IN GENERAL.—Section 315(d)(2) of the Federal 

21 Election Campaign Act of 1971 (52 U.S.C. 30116(d)(2)) 

22 is amended to read as follows: 

23 ‘‘(2)(A) The national committee of a political party 

24 may not make any expenditure in connection with the gen25 eral election campaign of any candidate for President of 


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1 the United States who is affiliated with such party which 

2 exceeds $100,000,000. 

3 ‘‘(B) For purposes of this paragraph— 

4 ‘‘(i) any expenditure made by or on behalf of a 

5 national committee of a political party and in con6 nection with a presidential election shall be consid7 ered to be made in connection with the general elec8 tion campaign of a candidate for President of the 

9 United States who is affiliated with such party; and 

10 ‘‘(ii) any communication made by or on behalf 

11 of such party shall be considered to be made in con12 nection with the general election campaign of a can13 didate for President of the United States who is af14 filiated with such party if any portion of the commu15 nication is in connection with such election. 

16 ‘‘(C) Any expenditure under this paragraph shall be 

17 in addition to any expenditure by a national committee 

18 of a political party serving as the principal campaign com19 mittee of a candidate for the office of President of the 

20 United States.’’. 

21 (b) CONFORMING AMENDMENTS RELATING TO TIM22 ING OF COST-OF-LIVING ADJUSTMENT.— 

23 (1) IN GENERAL.—Section 315(c)(1) of such 

24 Act (52 U.S.C. 30116(c)(1)), as amended by section 

25 2002(c)(1)(B), is amended— 


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1 (A) in subparagraph (B), by striking ‘‘(d)’’ 

2 and inserting ‘‘(d)(3)’’; and 

3 (B) by inserting at the end the following 

4 new subparagraph: 

5 ‘‘(D) In any calendar year after 2018— 

6 ‘‘(i) the dollar amount in subsection (d)(2) shall 

7 be increased by the percent difference determined 

8 under subparagraph (A); 

9 ‘‘(ii) the amount so increased shall remain in 

10 effect for the calendar year; and 

11 ‘‘(iii) if the amount after adjustment under 

12 clause (i) is not a multiple of $100, such amount 

13 shall be rounded to the nearest multiple of $100.’’. 

14 (2) BASE YEAR.—Section 315(c)(2)(B) of such 

15 Act (52 U.S.C. 30116(c)(2)(B)), as amended by sec16 tion 2002(c)(1)(B), is amended— 

17 (A) in clause (i)— 

18 (i) by striking ‘‘(d)’’ and inserting 

19 ‘‘(d)(3)’’; and 

20 (ii) by striking ‘‘and’’ at the end; 

21 (B) in clause (ii), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (C) by adding at the end the following new 

24 clause: 


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1 ‘‘(iii) for purposes of subsection (d)(2), cal2 endar year 2017.’’. 

3 SEC. 2005. ESTABLISHMENT OF UNIFORM DATE FOR RE4 LEASE OF PAYMENTS. 

5 (a) DATE FOR PAYMENTS.— 

6 (1) IN GENERAL.—Section 9006(b) of the In7 ternal Revenue Code of 1986 is amended to read as 

8 follows: 

9 ‘‘(b) PAYMENTS FROM THE FUND.—If the Secretary 

10 of the Treasury receives a certification from the Commis11 sion under section 9005 for payment to the eligible can12 didates of a political party, the Secretary shall pay to such 

13 candidates out of the fund the amount certified by the 

14 Commission on the later of— 

15 ‘‘(1) the last Friday occurring before the first 

16 Monday in September, or 

17 ‘‘(2) 24 hours after receiving the certifications 

18 for the eligible candidates of all major political par19 ties. 

20 Amounts paid to any such candidates shall be under the 

21 control of such candidates.’’. 

22 (2) CONFORMING AMENDMENT.—The first sen23 tence of section 9006(c) of such Code is amended by 

24 striking ‘‘the time of a certification by the Commis25 sion under section 9005 for payment’’ and inserting 


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1 ‘‘the time of making a payment under subsection 

2 (b)’’. 

3 (b) TIME FOR CERTIFICATION.—Section 9005(a) of 

4 the Internal Revenue Code of 1986 is amended by striking 

5 ‘‘10 days’’ and inserting ‘‘24 hours’’. 

6 SEC. 2006. AMOUNTS IN PRESIDENTIAL ELECTION CAM7 PAIGN FUND. 

8 (a) DETERMINATION OF AMOUNTS IN FUND.—Sec9 tion 9006(c) of the Internal Revenue Code of 1986 is 

10 amended by adding at the end the following new sentence: 

11 ‘‘In making a determination of whether there are insuffi12 cient moneys in the fund for purposes of the previous sen13 tence, the Secretary shall take into account in determining 

14 the balance of the fund for a presidential election year the 

15 Secretary’s best estimate of the amount of moneys which 

16 will be deposited into the fund during the year, except that 

17 the amount of the estimate may not exceed the average 

18 of the annual amounts deposited in the fund during the 

19 previous 3 years.’’. 

20 (b) SPECIAL RULE FOR FIRST CAMPAIGN CYCLE

21 UNDER THIS ACT.— 

22 (1) IN GENERAL.—Section 9006 of the Internal 

23 Revenue Code of 1986 is amended by adding at the 

24 end the following new subsection: 

25 ‘‘(d) SPECIAL AUTHORITY TO BORROW.— 


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1 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

2 (c), there are authorized to be appropriated to the 

3 fund, as repayable advances, such sums as are nec4 essary to carry out the purposes of the fund during 

5 the period ending on the first presidential election 

6 occurring after the date of the enactment of this 

7 subsection. 

8 ‘‘(2) REPAYMENT OF ADVANCES.— 

9 ‘‘(A) IN GENERAL.—Advances made to the 

10 fund shall be repaid, and interest on such ad11 vances shall be paid, to the general fund of the 

12 Treasury when the Secretary determines that 

13 moneys are available for such purposes in the 

14 fund. 

15 ‘‘(B) RATE OF INTEREST.—Interest on ad16 vances made to the fund shall be at a rate de17 termined by the Secretary of the Treasury (as 

18 of the close of the calendar month preceding the 

19 month in which the advance is made) to be 

20 equal to the current average market yield on 

21 outstanding marketable obligations of the 

22 United States with remaining periods to matu23 rity comparable to the anticipated period during 

24 which the advance will be outstanding and shall 

25 be compounded annually.’’. 


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1 (2) EFFECTIVE DATE.—The amendment made 

2 by this subsection shall take effect January 1, 2018. 

3 SEC. 2007. USE OF GENERAL ELECTION PAYMENTS FOR 

4 GENERAL ELECTION LEGAL AND ACCOUNT5 ING COMPLIANCE. 

6 Section 9002(11) of the Internal Revenue Code of 

7 1986 is amended by adding at the end the following new 

8 sentence: ‘‘For purposes of subparagraph (A), an expense 

9 incurred by a candidate or authorized committee for gen10 eral election legal and accounting compliance purposes 

11 shall be considered to be an expense to further the election 

12 of such candidate.’’. 

13 TITLE III—OTHER CAMPAIGN 

14 FINANCE REFORMS 

15 SEC. 3001. REGULATIONS WITH RESPECT TO BEST EFFORTS 

16 FOR IDENTIFYING PERSONS MAKING CON17 TRIBUTIONS. 

18 Not later than 6 months after the date of enactment 

19 of this Act, the Federal Election Commission shall pro20 mulgate regulations with respect to what constitutes best 

21 efforts under section 302(i) of the Federal Election Cam22 paign Act of 1971 (52 U.S.C. 30102(i)) for determining 

23 the identification of persons making contributions to polit24 ical committees, including the identifications of persons 

25 making contributions over the internet or by credit card. 


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1 Such regulations shall include a requirement that in the 

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

3 committee shall ensure that the name on the credit card 

4 used to make the contribution matches the name of the 

5 person making the contribution. 

6 SEC. 3002. RULES RELATING TO JOINT FUNDRAISING COM7 MITTEES. 

8 (a) PROHIBITION ON JOINT FUNDRAISING COMMIT9 TEES FOR CANDIDATES.— 

10 (1) IN GENERAL.—Section 302(e) of the Fed11 eral Election Campaign Act of 1971 (52 U.S.C. 

12 30102(e)) is amended by adding at the end the fol13 lowing new paragraph: 

14 ‘‘(6) No authorized committee of a candidate may es15 tablish, participate in, or have any involvement with any 

16 joint fundraising committee.’’. 

17 (2) CONFORMING AMENDMENT.—Section 

18 302(e)(3)(A) of such Act (52 U.S.C. 30102(e)(3)) is 

19 amended— 

20 (A) by striking ‘‘except that’’ and all that 

21 follows through ‘‘the candidate’’ and inserting 

22 ‘‘except that the candidate’’; 

23 (B) by striking ‘‘; and’’ and inserting a pe24 riod; and 

25 (C) by striking clause (ii). 


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1 (b) LIMITATION ON JOINT FUNDRAISING COMMIT2 TEES FOR PARTY COMMITTEES.—Section 302 of the Fed3 eral Election Campaign Act of 1971 (52 U.S.C. 30102) 

4 is amended by adding at the end the following new sub5 section: 

6 ‘‘(j) PARTICIPATION OF PARTY COMMITTEES IN

7 JOINT FUNDRAISING COMMITTEES.—No committee of a 

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

9 involvement with any joint fundraising committee other 

10 than a joint fundraising committee that consists of the 

11 national committee of a political party and one other com12 mittee of the political party.’’. 

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

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

15 SEC. 3003. DISCLOSURE OF BUNDLED CONTRIBUTIONS TO 

16 PRESIDENTIAL CAMPAIGNS; INCREASE IN 

17 THRESHOLD FOR BUNDLED CONTRIBUTIONS 

18 BY LOBBYISTS. 

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

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

21 1971 (52 U.S.C. 30104(i)) are amended to read as fol22 lows: 

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) DISCLOSURE OF BUNDLED CON25 TRIBUTIONS BY LOBBYISTS.—Each committee 


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1 described in paragraph (6) shall include in the 

2 first report required to be filed under this sec3 tion after each covered period (as defined in 

4 paragraph (2)) a separate schedule setting forth 

5 the name, address, and employer of each person 

6 reasonably known by the committee to be a per7 son described in paragraph (7) who provided 

8 two or more bundled contributions to the com9 mittee in an aggregate amount greater than the 

10 applicable threshold (as defined in paragraph 

11 (3)) during the covered period, and the aggre12 gate amount of the bundled contributions pro13 vided by each such person during the covered 

14 period. 

15 ‘‘(B) DISCLOSURE OF BUNDLED CON16 TRIBUTIONS BY POLITICAL COMMITTEES.— 

17 Each committee described in paragraph (6) 

18 shall include in the first report required to be 

19 filed under this section after each covered pe20 riod (as defined in paragraph (2)) a separate 

21 schedule setting forth the name of each political 

22 committee (other than a committee of a polit23 ical party) which provided two or more bundled 

24 contributions to the committee in an aggregate 

25 amount greater than the applicable threshold 


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1 (as defined in paragraph (3)) during the cov2 ered period, and the aggregate amount of the 

3 bundled contributions provided by each such po4 litical committee during the covered period. 

5 ‘‘(C) DISCLOSURE OF BUNDLED CON6 TRIBUTIONS TO PRESIDENTIAL CAMPAIGNS.— 

7 Each committee which is an authorized com8 mittee of a candidate for the office of President 

9 or for nomination to such office shall include in 

10 the first report required to be filed under this 

11 section after each covered period (as defined in 

12 paragraph (2)) a separate schedule setting forth 

13 the name, address, and employer of each person 

14 who provided two or more bundled contribu15 tions to the committee in an aggregate amount 

16 greater than the applicable threshold (as de17 fined in paragraph (3)) during the election 

18 cycle, and the aggregate amount of the bundled 

19 contributions provided by each such person dur20 ing the covered period and such election cycle. 

21 Such schedule shall include a separate listing of 

22 the name, address, and employer of each person 

23 included on such schedule who is reasonably 

24 known by the committee to be a person de25 scribed in paragraph (7), together with the agVerDate Sep 11 2014 04:02 Oct 11, 2017 Jkt 079200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S1929.IS S1929

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1 gregate amount of bundled contributions pro2 vided by such person during such period and 

3 such cycle. 

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

5 ‘covered period’ means— 

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

7 an authorized committee of a candidate for the 

8 office of President or for nomination to such of9 fice— 

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

11 with the date of the election for the office 

12 of the President; and 

13 ‘‘(ii) any reporting period applicable 

14 to the committee under this section during 

15 which any person provided two or more 

16 bundled contributions to the committee; 

17 and 

18 ‘‘(B) with respect to any other com19 mittee— 

20 ‘‘(i) the period beginning January 1 

21 and ending June 30 of each year; 

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

23 ending December 31 of each year; and 

24 ‘‘(iii) any reporting period applicable 

25 to the committee under this section during 


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1 which any person described in paragraph 

2 (7) provided two or more bundled contribu3 tions to the committee in an aggregate 

4 amount greater than the applicable thresh5 old. 

6 ‘‘(3) APPLICABLE THRESHOLD.— 

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

8 ‘applicable threshold’ is— 

9 ‘‘(i) $50,000 in the case of a com10 mittee which is an authorized committee of 

11 a candidate for the office of President or 

12 for nomination to such office; and 

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

14 committee. 

15 In determining whether the amount of bundled 

16 contributions provided to a committee by a per17 son exceeds the applicable threshold, there shall 

18 be excluded any contribution made to the com19 mittee by the person or the person’s spouse. 

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

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

22 each amount applicable under subparagraph 

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

24 to the limitations established under subsections 

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


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1 section, except that for purposes of applying 

2 such section to the amount applicable under 

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

4 2017. 

5 ‘‘(C) AGGREGATION OF CONTRIBUTIONS

6 FROM COSPONSORS OF FUNDRAISING EVENT.— 

7 For purposes of determining the amount of 

8 bundled contributions provided by a person to a 

9 committee which were received by the person at 

10 a fundraising event sponsored by the person, or 

11 in response to an invitation to attend a fund12 raising event sponsored by the person, each per13 son who is a sponsor of the event shall be con14 sidered to have provided to the committee the 

15 aggregate amount of all bundled contributions 

16 which were provided to the committee by all 

17 sponsors of the event.’’. 

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

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

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

21 paragraph (7)’’ each place it appears in subpara22 graphs (C) and (D); 

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

24 a candidate for the office of President or for nomi25 nation to such office)’’ after ‘‘candidate’’; and 


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1 (3) in paragraph (8)(A)— 

2 (A) by striking ‘‘, with respect to a com3 mittee described in paragraph (6) and a person 

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

5 with respect to a committee described in para6 graph (6) or an authorized committee of a can7 didate for the office of President or for nomina8 tion to such office,’’; 

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

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

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

12 appears in clause (ii) and inserting ‘‘such per13 son’’. 

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

15 this section shall apply with respect to reports filed under 

16 section 304 of the Federal Election Campaign Act of 1971 

17 after January 1, 2018. 

18 SEC. 3004. REPEAL OF SPECIAL CONTRIBUTION LIMITS FOR 

19 CONTRIBUTIONS TO NATIONAL PARTIES FOR 

20 CERTAIN PURPOSES. 

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

22 Election Campaign Act of 1971 (52 U.S.C. 30116(a)), as 

23 amended by section 2101(b) of Division N of the Consoli24 dated and Further Continuing Appropriations Act, 2015 

25 (Public Law 113–235; 128 Stat. 2773), is amended— 


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1 (1) in paragraph (1)(B), by striking ‘‘, or, in 

2 the case of contributions made to any of the ac3 counts described in paragraph (9), exceed 300 per4 cent of the amount otherwise applicable under this 

5 subparagraph with respect to such calendar year’’; 

6 (2) in paragraph (2)(B), by striking ‘‘, or, in 

7 the case of contributions made to any of the ac8 counts described in paragraph (9), exceed 300 per9 cent of the amount otherwise applicable under this 

10 subparagraph with respect to such calendar year’’; 

11 and 

12 (3) by striking paragraph (9). 

13 (b) CONFORMING AMENDMENT.—Section 315(d) of 

14 such Act (52 U.S.C. 30116(d)), as amended by section 

15 3002, is amended by striking paragraph (5). 

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

17 this section shall apply to contributions made after the 

18 date of the enactment of this Act. 

19 (d) RETURN OF PREVIOUSLY CONTRIBUTED

20 AMOUNTS.—Not later than 90 days after the date of the 

21 enactment of this Act, each political committee established 

22 and maintained by a political party shall distribute all 

23 amounts in accounts described in section 315(a)(9) of the 

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

25 30116(a)(9)) to individuals who made contributions to 


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1 such accounts. The amount distributed to any contributor 

2 form any account shall bear the same ratio to the amount 

3 of contributions made by such contributor to such account 

4 as the balance of such account on the date of the enact5 ment of this Act bears to the total amount of contributions 

6 made to such account. 

7 SEC. 3005. JUDICIAL REVIEW OF ACTIONS RELATED TO 

8 CAMPAIGN FINANCE LAWS. 

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

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

11 amended by inserting after section 406 the following new 

12 section: 

13 ‘‘SEC. 407. JUDICIAL REVIEW. 

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

15 if any action is brought for declaratory or injunctive relief 

16 to challenge the constitutionality of any provision of this 

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

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

19 the Commission under chapter 95 or 96 of the Internal 

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

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

22 States District Court for the District of Columbia 

23 and an appeal from the decision of the district court 

24 may be taken to the Court of Appeals for the Dis25 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. 3006. TREATMENT OF INTERNET COMMUNICATIONS 

8 MADE BY POLITICAL COMMITTEES AS PUB9 LIC COMMUNICATIONS. 

10 Paragraph (22) of section 301 of the Federal Elec11 tion Campaign Act of 1971 (52 U.S.C. 30101(22)) is 

12 amended by adding at the end the following new sentence: 

13 ‘‘Such term shall include communications to the general 

14 public made over the Internet by a political committee.’’. 

15 SEC. 3007. APPLICATION OF LIMITATIONS ON CONTRIBU16 TIONS TO POLITICAL COMMITTEES MAKING 

17 ONLY INDEPENDENT EXPENDITURES. 

18 Section 315(a)(1) of the Federal Election Campaign 

19 Act of 1974 (52 U.S.C. 30116(a)(1)) is amended by strik20 ing subparagraph (C) and inserting the following: 

21 ‘‘(C) to any other political committee 

22 (other than a committee described in subpara23 graph (D)), including to a political committee 

24 (or to an account of a political committee) that 

25 makes only independent expenditures, in any 


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1 calendar year which, in the aggregate, exceed 

2 $5,000; or’’. 

Æ 


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