II 

112TH CONGRESS 

2D SESSION S. 3312 

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 

JUNE 19, 2012 

Mr. UDALL of Colorado 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 ‘‘Presidential Funding Act’’. 

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. 101. Increase in and modifications to matching payments. 

Sec. 102. Eligibility requirements for matching payments. 


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Sec. 103. Inflation adjustment for contribution limitations and matching contributions. 

Sec. 104. Repeal of expenditure limitations. 

Sec. 105. Period of availability of matching payments. 

Sec. 106. Examination and audits of matchable contributions. 

Sec. 107. Modification to limitation on contributions for presidential primary 

candidates. 

TITLE II—GENERAL ELECTIONS 

Sec. 201. Modification of eligibility requirements for public financing. 

Sec. 202. Repeal of expenditure limitations and use of qualified campaign contributions. 

Sec. 203. Matching payments and other modifications to payment amounts. 

Sec. 204. Inflation adjustment for payment amounts and qualified contributions. 

Sec. 205. Increase in limit on coordinated party expenditures. 

Sec. 206. Establishment of uniform date for release of payments. 

Sec. 207. Amounts in Presidential Election Campaign Fund. 

Sec. 208. Use of general election payments for general election legal and accounting compliance. 

TITLE III—POLITICAL CONVENTIONS 

Sec. 301. Repeal of public financing of party conventions. 

Sec. 302. Contributions for political conventions. 

Sec. 303. Prohibition on use of soft money. 

TITLE IV—OTHER PROVISIONS 

Sec. 401. Revisions to designation of income tax payments by individual taxpayers. 

Sec. 402. Regulations with respect to best efforts for identifying persons making contributions. 

Sec. 403. Prohibition on joint fundraising committees. 

Sec. 404. Disclosure of bundled contributions to presidential campaigns. 

Sec. 405. Judicial review of actions related to campaign finance laws. 

TITLE V—SEVERABILITY AND EFFECTIVE DATE 

Sec. 501. Severability. 

Sec. 502. Effective date. 

1 TITLE I—PRIMARY ELECTIONS 

2 SEC. 101. INCREASE IN AND MODIFICATIONS TO MATCHING 

3 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— 


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

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

3 amount equal to 400 percent of the amount of 

4 each matchable contribution’’; 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— 

22 ‘‘(A) which does not exceed $200, and 

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

24 has certified in writing that— 


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1 ‘‘(i) the individual making such con2 tribution has not made aggregate contribu3 tions (including such matchable contribu4 tion) to such candidate and the authorized 

5 committees of such candidate in excess of 

6 $200 with respect to such nomination, 

7 ‘‘(ii) such candidate and the author8 ized committees of such candidate will not 

9 accept contributions from such individual 

10 (including such matchable contribution) 

11 aggregating more than $200 with respect 

12 to such nomination, and 

13 ‘‘(iii) such contribution was not— 

14 ‘‘(I) forwarded from the contrib15 utor from any person other than an 

16 individual, or 

17 ‘‘(II) received by the candidate or 

18 committee from a contributor or con19 tributors, but credited by the com20 mittee or candidate to another person 

21 who is not an individual through 

22 records, designations, or other means 

23 of recognizing that a certain amount 

24 of money has been raised by such per25 son. 


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

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

3 money made by a written instrument which identi4 fies the individual making the contribution by full 

5 name and mailing address, but does not include a 

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

7 anything of value or anything described in subpara8 graph (B), (C), or (D) of section 9032(4).’’. 

9 (3) CONFORMING AMENDMENTS.— 

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

11 amended by striking ‘‘section 9034(a)’’ and in12 serting ‘‘section 9034’’. 

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

14 amended by striking ‘‘matching contributions’’ 

15 and inserting ‘‘matchable contributions’’. 

16 (b) MODIFICATION OF PAYMENT LIMITATION.—Sec17 tion 9034(b) of the Internal Revenue Code of 1986 is 

18 amended by striking ‘‘shall not exceed’’ and all that fol19 lows and inserting ‘‘shall not exceed $100,000,000.’’. 

20 SEC. 102. ELIGIBILITY REQUIREMENTS FOR MATCHING 

21 PAYMENTS. 

22 (a) AMOUNT OF AGGREGATE CONTRIBUTIONS PER

23 STATE.—Section 9033(b)(3) of the Internal Revenue Code 

24 of 1986 is amended by striking ‘‘$5,000’’ and inserting 

25 ‘‘$25,000’’. 


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1 (b) CONTRIBUTION LIMIT.— 

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

3 9033(b) of such Code is amended to read as follows: 

4 ‘‘(4) the candidate and the authorized commit5 tees of the candidate will not accept aggregate con6 tributions from any person with respect to the nomi7 nation for election to the office of President of the 

8 United States in excess of $1,000.’’. 

9 (2) CONFORMING AMENDMENTS.— 

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

11 amended by adding at the end the following 

12 new flush sentence: 

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

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

15 Federal Election Campaign Act of 1971.’’. 

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

17 amended by section 101(a)(3)(A) is amended by 

18 inserting ‘‘or 9033(b)’’ after ‘‘9034’’. 

19 (c) PARTICIPATION IN SYSTEM FOR PAYMENTS FOR

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

21 amended— 

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

23 (3); 

24 (2) by striking the period at the end of para25 graph (4) and inserting ‘‘, and’’; and 


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

2 paragraph: 

3 ‘‘(5) 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. 103. INFLATION ADJUSTMENT FOR CONTRIBUTION 

9 LIMITATIONS AND MATCHING CONTRIBU10 TIONS. 

11 Section 9033 of such Code is amended by adding at 

12 the end the following new subsection: 

13 ‘‘(d) INFLATION ADJUSTMENTS.— 

14 ‘‘(1) IN GENERAL.—In the case of any applica15 ble period beginning after 2012, each of the dollar 

16 amounts in paragraphs (3) and (4) of subsection 

17 (b), subsection (c), and section 9034(b) shall be in18 creased by an amount equal to— 

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

20 ‘‘(B) the cost-of-living adjustment deter21 mined under section 1(f)(3) for the calendar 

22 year following the year which such applicable 

23 period begins, determined by substituting ‘cal24 endar year 2012’ for ‘calendar year 1992’ in 

25 subparagraph (B) thereof. 


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

2 this subsection, the term ‘applicable period’ means 

3 the 4-year period beginning with the first day fol4 lowing the date of the last general election for the 

5 office of President and ending on the date of the 

6 next such general election. 

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

8 under paragraph (1) is not a multiple of $100, such 

9 amount shall be rounded to the nearest multiple of 

10 $100.’’. 

11 SEC. 104. REPEAL OF EXPENDITURE LIMITATIONS. 

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

13 the Internal Revenue Code of 1986 is amended to read 

14 as follows: 

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

16 candidate shall knowingly make expenditures from his per17 sonal funds, or the personal funds of his immediate family, 

18 in connection with his campaign for nomination for elec19 tion to the office of President in excess of, in the aggre20 gate, $50,000.’’. 

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

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

23 amended to read as follows: 

24 ‘‘(1) the candidate will comply with the per25 sonal expenditure limitation under section 9035,’’. 


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1 SEC. 105. PERIOD OF AVAILABILITY OF MATCHING PAY2 MENTS. 

3 Section 9032(6) of such Code is amended by striking 

4 ‘‘the beginning of the calendar year in which a general 

5 election for the office of President of the United States 

6 will be held’’ and inserting ‘‘the date that is 6 months 

7 prior to the date of the earliest State primary election’’. 

8 SEC. 106. EXAMINATION AND AUDITS OF MATCHABLE CON9 TRIBUTIONS. 

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

11 1986 is amended by inserting ‘‘and matchable contribu12 tions accepted by’’ after ‘‘qualified campaign expenses of’’. 

13 SEC. 107. MODIFICATION TO LIMITATION ON CONTRIBU14 TIONS FOR PRESIDENTIAL PRIMARY CAN15 DIDATES. 

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

17 Act of 1971 (2 U.S.C. 441a(a)(6)) is amended by striking 

18 ‘‘calendar year’’ and inserting ‘‘four-year election cycle’’. 

19 TITLE II—GENERAL ELECTIONS 

20 SEC. 201. MODIFICATION OF ELIGIBILITY REQUIREMENTS 

21 FOR PUBLIC FINANCING. 

22 Section 9003(a) of the Internal Revenue Code of 

23 1986 is amended to read as follows: 

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

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1 litical party in a presidential election shall meet the fol2 lowing requirements: 

3 ‘‘(1) PARTICIPATION IN PRIMARY PAYMENT

4 SYSTEM.—The candidate for President received pay5 ments under chapter 96 for the campaign for nomi6 nation for election to be President. 

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

8 candidates, in writing— 

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

10 Commission such evidence as it may request of 

11 the qualified campaign expenses of such can12 didates, 

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

14 Commission such records, books, and other in15 formation as it may request, and 

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

17 the Commission under section 9007 and to pay 

18 any amounts required to be paid under such 

19 section. 

20 ‘‘(3) BAN ON CERTAIN CONTRIBUTIONS AND

21 SOLICITATIONS.—The candidates certify to the Com22 mission, under penalty of perjury, the following: 

23 ‘‘(A) SOLICITATIONS FOR JOINT FUND24 RAISING COMMITTEES.—Such candidates and 

25 their authorized committees will not, after June 


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1 1 of the election year, solicit any funds for any 

2 joint fundraising committee that includes any 

3 committee of a political party. 

4 ‘‘(B) SOLICITATION FOR POLITICAL PAR5 TIES.—Such candidates and their authorized 

6 committees will not, after the date described in 

7 section 9006(b), solicit any funds for any com8 mittee of a political party. 

9 Such certification shall be made within such time 

10 prior to the day of the presidential election as the 

11 Commission shall prescribe by rules or regulations.’’. 

12 SEC. 202. REPEAL OF EXPENDITURE LIMITATIONS AND USE 

13 OF QUALIFIED CAMPAIGN CONTRIBUTIONS. 

14 (a) MAJOR PARTIES.—Subsection (b) of section 9003 

15 of the Internal Revenue Code of 1986 is amended to read 

16 as follows: 

17 ‘‘(b) MAJOR PARTIES.—In order to be eligible to re18 ceive any payments under section 9006, the candidates of 

19 a major party in a presidential election shall certify to the 

20 Commission, under penalty of perjury, that— 

21 ‘‘(1) such candidates and their authorized com22 mittees have not and will not accept any contribu23 tions to defray qualified campaign expenses other 

24 than— 

25 ‘‘(A) qualified campaign contributions, and 


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1 ‘‘(B) contributions to the extent necessary 

2 to make up any deficiency payments received 

3 out of the fund on account of the application of 

4 section 9006(c), and 

5 ‘‘(2) such candidates and their authorized com6 mittees have not and will not accept any contribu7 tion to defray expenses which would be qualified 

8 campaign expenses but for subparagraph (C) of sec9 tion 9002(11). 

10 Such certification shall be made at the same time as the 

11 certification required under subsection (a)(3).’’. 

12 (b) MINOR AND NEW PARTIES.—Subsection (c) of 

13 section 9003 of the Internal Revenue Code of 1986 is 

14 amended to read as follows: 

15 ‘‘(c) MINOR AND NEW PARTIES.—In order to be eli16 gible to receive any payments under section 9006, the can17 didates of a minor or new party in a presidential election 

18 shall certify to the Commission, under penalty of perjury, 

19 that such candidates and their authorized committees have 

20 not and will not accept any contributions to defray quali21 fied campaign expenses other than— 

22 ‘‘(1) qualified campaign contributions, and 

23 ‘‘(2) contributions other than qualified cam24 paign contributions to the extent to which— 


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1 ‘‘(A) the aggregate payments to which 

2 such candidates would be entitled under section 

3 9004 if such candidates were candidates of a 

4 major party, exceed 

5 ‘‘(B) the aggregate payments to which 

6 such candidates are entitled to under section 

7 9004. 

8 Such certification shall be made at the same time as the 

9 certification required under subsection (a)(3).’’. 

10 (c) DEFINITION OF QUALIFIED CAMPAIGN CON11 TRIBUTIONS.—Section 9002 of the Internal Revenue Code 

12 of 1986 is amended by adding at the end the following 

13 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 a per18 son to a candidate or an authorized committee of a 

19 candidate which— 

20 ‘‘(A) is made after June 1 of the year in 

21 which the election is held, 

22 ‘‘(B) does not exceed $1,000, and 

23 ‘‘(C) with respect to which the candidate 

24 has certified in writing that— 


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1 ‘‘(i) the person making such contribu2 tion has not made aggregate contributions 

3 (including such qualified contribution) to 

4 such candidate and the authorized commit5 tees of such candidate in excess of $1,000 

6 with respect to such election, and 

7 ‘‘(ii) such candidate and the author8 ized committees of such candidate will not 

9 accept contributions from such person (in10 cluding such qualified contribution) aggre11 gating more than $1,000 with respect to 

12 such election.’’. 

13 (d) CONFORMING AMENDMENTS.— 

14 (1) REPEAL OF EXPENDITURE LIMITS.— 

15 (A) Section 315 of the Federal Election 

16 Campaign Act of 1971 (2 U.S.C. 441a) is 

17 amended by striking subsection (b). 

18 (B) Section 315(c) of such Act (2 U.S.C. 

19 441a(c)) is amended— 

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

21 ‘‘, (b)’’; and 

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

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

24 ‘‘subsection (d)’’. 


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1 (2) LIMITATION ON PAYMENTS TO CANDIDATES

2 OF MINOR AND NEW PARTIES.—Paragraph (1) of 

3 section 9004(b) of the Internal Revenue Code of 

4 1986 is amended by inserting ‘‘, other than qualified 

5 contributions,’’ after ‘‘contributions’’. 

6 (3) REPAYMENTS.— 

7 (A) Section 9007(b) of such Code is 

8 amended by striking paragraph (2) and redesig9 nating paragraphs (3), (4), and (5) as para10 graphs (2), (3), and (4), respectively. 

11 (B) Paragraph (2) of section 9007(b) of 

12 such Code, as redesignated by subparagraph 

13 (A), is amended by inserting ‘‘qualified con14 tributions and’’ after ‘‘contributions (other 

15 than’’. 

16 (4) CRIMINAL PENALTIES.— 

17 (A) EXCESS EXPENSES.—Section 9012(a) 

18 of the Internal Revenue Code of 1986 is 

19 amended by striking the first sentence. 

20 (B) CONTRIBUTIONS.— 

21 (i) CANDIDATES OF MAJOR PAR22 TIES.—Section 9012(b)(1) of the Internal 

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1 tions,’’ after ‘‘to defray qualified campaign 

2 expenses,’’. 

3 (ii) CANDIDATES OF OTHER PAR4 TIES.—Section 9012(b)(2) of such Code is 

5 amended by inserting ‘‘, other than quali6 fied contributions,’’ after ‘‘contributions’’. 

7 SEC. 203. MATCHING PAYMENTS AND OTHER MODIFICA8 TIONS TO PAYMENT AMOUNTS. 

9 (a) IN GENERAL.— 

10 (1) AMOUNT OF PAYMENTS FOR MAJOR PARTY

11 CANDIDATES.—Subsection (a) of section 9004 of the 

12 Internal Revenue Code of 1986 is amended to read 

13 as follows: 

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

15 chapter— 

16 ‘‘(1) MAJOR PARTIES.—The eligible candidates 

17 of each major party in a presidential election shall 

18 be entitled to equal payment under section 9006 in 

19 an amount equal to— 

20 ‘‘(A) $50,000,000, plus 

21 ‘‘(B) an amount equal to 400 percent of 

22 the amount of each matchable contribution re23 ceived by such candidate on or after June 1 of 

24 the year of the presidential election, or by his 

25 authorized committees. 


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1 The total amount of payments to which a major 

2 party candidate is entitled under subparagraph (B) 

3 shall not exceed $150,000,000. 

4 ‘‘(2) PRE-ELECTION PAYMENTS FOR MINOR

5 AND NEW PARTIES.— 

6 ‘‘(A) PAYMENT BASED ON PRIOR VOTES

7 RECEIVED BY PARTY.— 

8 ‘‘(i) IN GENERAL.—The eligible can9 didates of a minor party in a presidential 

10 election shall be entitled to equal payment 

11 under section 9006 in an amount equal to 

12 the sum of— 

13 ‘‘(I) the product of the popular 

14 vote ratio with respect to such minor 

15 party and the amount in effect under 

16 paragraph (1)(A), plus 

17 ‘‘(II) an amount equal to the ap18 plicable percentage of the amount of 

19 each matchable contribution received 

20 by such candidate on or after June 1 

21 of the year of the presidential election, 

22 or by his authorized committees. 

23 The total amount of payments to which 

24 such a candidate is entitled under sub25 clause (II) shall not exceed the product of 


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1 the amount in effect under the last sen2 tence of paragraph (1)(A) and the popular 

3 vote ratio with respect to such minor 

4 party. 

5 ‘‘(ii) POPULAR VOTE RATIO WITH RE6 SPECT TO A MINOR PARTY.—For purposes 

7 of this subparagraph, the popular vote 

8 ratio with respect to a minor party is the 

9 ratio of the number of popular votes re10 ceived by the candidate for President of 

11 the minor party, as such candidate, in the 

12 preceding presidential election to the aver13 age number of popular votes received by 

14 the candidates for President of the major 

15 parties in the preceding presidential elec16 tion. 

17 ‘‘(iii) APPLICABLE PERCENTAGE.— 

18 For purposes of subparagraph (A), the ap19 plicable percentage is the product of 400 

20 percent and the popular vote ratio with re21 spect to such minor party. 

22 ‘‘(B) PAYMENT BASED ON PRIOR VOTES

23 RECEIVED BY CANDIDATE.— 

24 ‘‘(i) IN GENERAL.—If the candidate of 

25 one or more political parties (not including 


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1 a major party) for the office of President 

2 was a candidate for such office in the pre3 ceding presidential election and received 5 

4 percent or more but less than 25 percent 

5 of the total number of popular votes re6 ceived by all candidates for such office, 

7 such candidate and his running mate for 

8 the office of Vice President, upon compli9 ance with the provisions of section 9003(a) 

10 and (c), shall be treated as eligible can11 didates entitled to payments under section 

12 9006 in an amount computed as provided 

13 in subparagraph (A), determined by sub14 stituting ‘the popular vote ratio with re15 spect to such candidate’ for ‘the popular 

16 vote ratio with respect to such minor 

17 party’ each place it appears. 

18 ‘‘(ii) POPULAR VOTE RATIO WITH RE19 SPECT TO A CANDIDATE.—For purposes of 

20 this subparagraph, the popular vote ratio 

21 with respect to a candidate is the ratio of 

22 the number of popular votes received by 

23 such candidate for the office of President 

24 in the preceding presidential election to the 

25 average number of popular votes received 


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1 by the candidates for President of the 

2 major parties in the preceding presidential 

3 election. 

4 ‘‘(iii) COORDINATION RULE.—If eligi5 ble candidates of a minor party are enti6 tled to payments under this subparagraph, 

7 such entitlement shall be reduced by the 

8 amount of the entitlement allowed under 

9 subparagraph (A). 

10 ‘‘(3) POST-ELECTION PAYMENTS FOR MINOR

11 AND NEW PARTIES.— 

12 ‘‘(A) IN GENERAL.—The eligible can13 didates of a minor party or a new party in a 

14 presidential election whose candidate for Presi15 dent in such election receives, as such can16 didate, 5 percent or more of the total number 

17 of popular votes cast for the office of President 

18 in such election shall be entitled to payments 

19 under section 9006 equal to the sum of— 

20 ‘‘(i) the product of the popular vote 

21 ratio with respect to such candidate and 

22 the amount in effect under paragraph 

23 (1)(A), plus 

24 ‘‘(ii) an amount equal to the applica25 ble percentage of the amount of each 


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1 matchable contribution received by such 

2 candidate on or after June 1 of the year 

3 of the presidential election, or by his au4 thorized committees. 

5 The total amount of payments to which such a 

6 candidate is entitled under clause (ii) shall not 

7 exceed the product of the amount in effect 

8 under the last sentence of paragraph (1)(A) 

9 and the popular vote ratio with respect to such 

10 candidate. 

11 ‘‘(B) POPULAR VOTE RATIO WITH RESPECT

12 TO A CANDIDATE.—For purposes of this para13 graph, the popular vote ratio with respect to a 

14 candidate in a presidential election is the ratio 

15 of the number of popular votes received by such 

16 candidate for the office of President in such 

17 election to the average number of popular votes 

18 received by the candidates for President of the 

19 major parties in such election. 

20 ‘‘(C) APPLICABLE PERCENTAGE.—For 

21 purposes of subparagraph (A), the applicable 

22 percentage is the product of 400 percent and 

23 the popular vote ratio with respect to such can24 didate. 


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1 ‘‘(D) COORDINATION RULE.—In the case 

2 of eligible candidates entitled to payments 

3 under paragraph (2), the amount allowable 

4 under this paragraph shall be limited to the 

5 amount, if any, by which the entitlement under 

6 the preceding sentence exceeds the amount of 

7 the entitlement under paragraph (2).’’. 

8 (2) CONFORMING AMENDMENT.—Section 

9 9005(a) is amended by adding at the end the fol10 lowing new sentence: ‘‘The Commission shall make 

11 such additional certifications as may be necessary to 

12 receive payments under section 9004.’’. 

13 (b) MATCHABLE CONTRIBUTION.—Section 9002 of 

14 such Code, as amended by section 202, is amended by add15 ing at the end the following new paragraph: 

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

17 ‘matchable contribution’ means, with respect to the 

18 election to the office of President of the United 

19 States, a contribution by an individual to a can20 didate or an authorized committee of a candidate— 

21 ‘‘(A) which does not exceed $200, and 

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

23 has certified in writing that— 

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1 tions (including such matchable contribu2 tion) to such candidate and the authorized 

3 committees of such candidate in excess of 

4 $200 with respect to such election, 

5 ‘‘(ii) such candidate and the author6 ized committees of such candidate will not 

7 accept contributions from such individual 

8 (including such matchable contribution) 

9 aggregating more than $200 with respect 

10 to such election, and 

11 ‘‘(iii) such contribution was not— 

12 ‘‘(I) forwarded from the contrib13 utor from any person other than an 

14 individual, or 

15 ‘‘(II) received by the candidate or 

16 committee from a contributor or con17 tributors, but credited by the com18 mittee or candidate to another person 

19 who is not an individual through 

20 records, designations, or other means 

21 of recognizing that a certain amount 

22 of money has been raised by such per23 son.’’. 


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1 SEC. 204. INFLATION ADJUSTMENT FOR PAYMENT 

2 AMOUNTS AND QUALIFIED CONTRIBUTIONS. 

3 Section 9004 of such Code is amended by adding at 

4 the end the following new subsection: 

5 ‘‘(f) INFLATION ADJUSTMENTS.— 

6 ‘‘(1) IN GENERAL.—In the case of any applica7 ble period beginning after 2016, each of the dollar 

8 amounts in subsection (a), section 9002(13), and 

9 section 9002(14) shall be increased by an amount 

10 equal to— 

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

12 ‘‘(B) the cost-of-living adjustment deter13 mined under section 1(f)(3) for the calendar 

14 year following the year which such applicable 

15 period begins, determined by substituting ‘cal16 endar year 2016’ for ‘calendar year 1992’ in 

17 subparagraph (B) thereof. 

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

19 this subsection, the term ‘applicable period’ means 

20 the 4-year period beginning with the first day fol21 lowing the date of the last general election for the 

22 office of President and ending on the date of the 

23 next such general election. 

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

25 under paragraph (1) is not a multiple of $100, such 


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1 amount shall be rounded to the nearest multiple of 

2 $100.’’. 

3 SEC. 205. INCREASE IN LIMIT ON COORDINATED PARTY EX4 PENDITURES. 

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

6 Election Campaign Act of 1971 (2 U.S.C. 441a(d)(2)) is 

7 amended to read as follows: 

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

9 may not make any expenditure in connection with the gen10 eral election campaign of any candidate for President of 

11 the United States who is affiliated with such party which 

12 exceeds $50,000,000. 

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

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

15 national committee of a political party and in con16 nection with a presidential election shall be consid17 ered to be made in connection with the general elec18 tion campaign of a candidate for President of the 

19 United States who is affiliated with such party; and 

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

21 of such party shall be considered to be made in con22 nection with the general election campaign of a can23 didate for President of the United States who is af24 filiated with such party if any portion of the commu25 nication is in connection with such election. 


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

2 in addition to any expenditure by a national committee 

3 of a political party serving as the principal campaign com4 mittee of a candidate for the office of President of the 

5 United States.’’. 

6 (b) CONFORMING AMENDMENTS RELATING TO TIM7 ING OF COST-OF-LIVING ADJUSTMENT.— 

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

9 Act (2 U.S.C. 441a(c)(1)), as amended by section 

10 202(d)(1)(B), is amended— 

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

12 and inserting ‘‘(d)(3)’’; and 

13 (B) by inserting at the end the following 

14 new subparagraph: 

15 ‘‘(D) In any calendar year after 2016— 

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

17 be increased by the percent difference determined 

18 under subparagraph (A); 

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

20 effect for the calendar year; and 

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

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

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


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

2 Act (2 U.S.C. 441a(c)(2)(B)), as amended by sec3 tion 202(d)(1)(B), is amended— 

4 (A) in clause (i)— 

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

6 ‘‘(d)(3)’’; and 

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

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

9 the end and inserting ‘‘; and’’; and 

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

11 clause: 

12 ‘‘(iii) for purposes of subsection (d)(2), cal13 endar year 2015.’’. 

14 SEC. 206. ESTABLISHMENT OF UNIFORM DATE FOR RE15 LEASE OF PAYMENTS. 

16 (a) DATE FOR PAYMENTS.— 

17 (1) IN GENERAL.—Section 9006(b) of the In18 ternal Revenue Code of 1986 is amended to read as 

19 follows: 

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

21 of the Treasury receives a certification from the Commis22 sion under section 9005 for payment to the eligible can23 didates of a political party, the Secretary shall pay to such 

24 candidates out of the fund the amount certified by the 

25 Commission on the later of— 


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

2 Monday in September, or 

3 ‘‘(2) 24 hours after receiving the certifications 

4 for the eligible candidates of all major political par5 ties. 

6 Amounts paid to any such candidates shall be under the 

7 control of such candidates.’’. 

8 (2) CONFORMING AMENDMENT.—The first sen9 tence of section 9006(c) of such Code is amended by 

10 striking ‘‘the time of a certification by the Commis11 sion under section 9005 for payment’’ and inserting 

12 ‘‘the time of making a payment under subsection 

13 (b)’’. 

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

15 the Internal Revenue Code of 1986 is amended by striking 

16 ‘‘10 days’’ and inserting ‘‘24 hours’’. 

17 SEC. 207. AMOUNTS IN PRESIDENTIAL ELECTION CAM18 PAIGN FUND. 

19 (a) DETERMINATION OF AMOUNTS IN FUND.—Sec20 tion 9006(c) of the Internal Revenue Code of 1986 is 

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

22 ‘‘In making a determination of whether there are insuffi23 cient moneys in the fund for purposes of the previous sen24 tence, the Secretary shall take into account in determining 

25 the balance of the fund for a Presidential election year 


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1 the Secretary’s best estimate of the amount of moneys 

2 which will be deposited into the fund during the year, ex3 cept that the amount of the estimate may not exceed the 

4 average of the annual amounts deposited in the fund dur5 ing the previous 3 years.’’. 

6 (b) SPECIAL RULE FOR FIRST CAMPAIGN CYCLE

7 UNDER THIS ACT.— 

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

9 Revenue Code of 1986 is amended by adding at the 

10 end the following new subsection: 

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

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

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

14 fund, as repayable advances, such sums as are nec15 essary to carry out the purposes of the fund during 

16 the period ending on the first presidential election 

17 occurring after the date of the enactment of this 

18 subsection. 

19 ‘‘(2) REPAYMENT OF ADVANCES.— 

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

21 fund shall be repaid, and interest on such ad22 vances shall be paid, to the general fund of the 

23 Treasury when the Secretary determines that 

24 moneys are available for such purposes in the 

25 fund. 


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1 ‘‘(B) RATE OF INTEREST.—Interest on ad2 vances made to the fund shall be at a rate de3 termined by the Secretary of the Treasury (as 

4 of the close of the calendar month preceding the 

5 month in which the advance is made) to be 

6 equal to the current average market yield on 

7 outstanding marketable obligations of the 

8 United States with remaining periods to matu9 rity comparable to the anticipated period during 

10 which the advance will be outstanding and shall 

11 be compounded annually.’’. 

12 (2) EFFECTIVE DATE.—The amendment made 

13 by this subsection shall take effect January 1, 2013. 

14 SEC. 208. USE OF GENERAL ELECTION PAYMENTS FOR GEN15 ERAL ELECTION LEGAL AND ACCOUNTING 

16 COMPLIANCE. 

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

18 1986 is amended by adding at the end the following new 

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

20 incurred by a candidate or authorized committee for gen21 eral election legal and accounting compliance purposes 

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

23 of such candidate.’’. 


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1 TITLE III—POLITICAL 

2 CONVENTIONS 

3 SEC. 301. REPEAL OF PUBLIC FINANCING OF PARTY CON4 VENTIONS. 

5 (a) IN GENERAL.—Chapter 95 of the Internal Rev6 enue Code of 1986 is amended by striking section 9008. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) Section 9006(c) of such Code is amended by 

9 striking ‘‘section 9008(b)(3)’’. 

10 (2) Section 9009 of such Code is amended by 

11 inserting ‘‘and’’ at the end of paragraph (3), by 

12 striking the semi-colon at the end of paragraph (4) 

13 and inserting a period, and by striking paragraphs 

14 (5) and (6). 

15 (3) Section 9012 of such Code, as amended by 

16 section 202(d)(4), is amended— 

17 (A) by striking subsection (a) and redesig18 nating subsections (b) through (f) as sub19 sections (a) through (e), respectively; and 

20 (B) in subsection (a), as redesignated by 

21 subparagraph (A), by striking paragraph (2) 

22 and redesignating paragraph (3) as paragraph 

23 (2). 


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1 (4) Section 9037(a) of such Code is amended 

2 by striking ‘‘and for payments under section 

3 9008(b)(3)’’. 

4 SEC. 302. CONTRIBUTIONS FOR POLITICAL CONVENTIONS. 

5 (a) SEPARATE CONTRIBUTION LIMITATION.— 

6 (1) INDIVIDUALS.— 

7 (A) IN GENERAL.—Subsection (a)(1) of 

8 section 315 of the Federal Election Campaign 

9 Act of 1971 (2 U.S.C. 441a) is amended by 

10 striking ‘‘or’’ at the end of subparagraph (C), 

11 by striking the period at the end of subpara12 graph (D) and inserting ‘‘; or’’, and by adding 

13 at the end the following new subparagraph: 

14 ‘‘(E) to the national nominating convention 

15 account of political committees established and 

16 maintained by a national political party, in any 

17 4-year period ending on the last day of the cal18 endar year beginning on the day after a general 

19 election for the office of President which, in the 

20 aggregate, exceed the dollar amount in effect 

21 under subparagraph (B);’’. 

22 (B) CONFORMING AMENDMENT.—Subpara23 graph (B) of section 315(a)(1) of such Act (2 

24 U.S.C. 441a(a)(1)) is amended by inserting 

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1 tion accounts of such political committees which 

2 are described in subparagraph (E))’’ after ‘‘na3 tional political party’’. 

4 (2) AGGREGATE CONTRIBUTION LIMITATION.— 

5 Paragraph (3) of section 315(a) of such Act (2 

6 U.S.C. 441a(a)) is amended by adding at the end 

7 the following new flush sentence: 

8 ‘‘The dollar amount in subparagraph (B) shall be in9 creased by the amount of contributions (not in excess of 

10 the dollar amount in effect under subparagraph (E)) made 

11 to the national nominating convention account of a polit12 ical committee established and maintained by a national 

13 political party during the period described in the preceding 

14 sentence.’’. 

15 (b) NATIONAL NOMINATING CONVENTION AC16 COUNT.—Subsection (a) of section 315 of such Act (2 

17 U.S.C. 441a) is amended by adding at the end the fol18 lowing new paragraph: 

19 ‘‘(9) For purposes of this subsection, the na20 tional nomination convention account of any political 

21 committees established and maintained by a national 

22 political party is a separate account the funds of 

23 which may only be used to defray the costs of the 

24 national nominating convention of such party.’’. 


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1 SEC. 303. PROHIBITION ON USE OF SOFT MONEY. 

2 Section 323 of the Federal Election Campaign Act 

3 of 1971 (2 U.S.C. 441i) is amended by adding at the end 

4 the following new subsection: 

5 ‘‘(g) NATIONAL CONVENTIONS.—Any person de6 scribed in subsection (a) or (e) shall not solicit, receive, 

7 direct, transfer, or spend any funds in connection with a 

8 presidential nominating convention of any political party, 

9 including funds from or for a host committee, civic com10 mittee, municipality, or any other person or entity spend11 ing funds in connection with such a convention, unless 

12 such funds— 

13 ‘‘(1) are not in excess of the amounts permitted 

14 with respect to contributions to the political com15 mittee established and maintained by a national po16 litical party committee under section 315; and 

17 ‘‘(2) are not from sources prohibited by this Act 

18 from making contributions in connection with an 

19 election for Federal office.’’. 

20 TITLE IV—OTHER PROVISIONS 

21 SEC. 401. REVISIONS TO DESIGNATION OF INCOME TAX 

22 PAYMENTS BY INDIVIDUAL TAXPAYERS. 

23 (a) INCREASE IN AMOUNT DESIGNATED.—Section 

24 6096(a) of the Internal Revenue Code of 1986 is amend25 ed— 


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1 (1) in the first sentence, by striking ‘‘$3’’ each 

2 place it appears and inserting ‘‘$10’’; and 

3 (2) in the second sentence— 

4 (A) by striking ‘‘$6’’ and inserting ‘‘$20’’; 

5 and 

6 (B) by striking ‘‘$3’’ and inserting ‘‘$10’’. 

7 (b) INDEXING.—Section 6096 of such Code is amend8 ed by adding at the end the following new subsection: 

9 ‘‘(d) INDEXING OF AMOUNT DESIGNATED.— 

10 ‘‘(1) IN GENERAL.—With respect to each tax11 able year after 2012, each amount referred to in 

12 subsection (a) shall be increased by the percent dif13 ference described in paragraph (2), except that if 

14 any such amount after such an increase is not a 

15 multiple of $1, such amount shall be rounded to the 

16 nearest multiple of $1. 

17 ‘‘(2) PERCENT DIFFERENCE DESCRIBED.—The 

18 percent difference described in this paragraph with 

19 respect to a taxable year is the percent difference 

20 determined under section 315(c)(1)(A) of the Fed21 eral Election Campaign Act of 1971 with respect to 

22 the calendar year during which the taxable year be23 gins, except that the base year involved shall be 

24 2011.’’. 


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1 (c) ENSURING TAX PREPARATION SOFTWARE DOES

2 NOT PROVIDE AUTOMATIC RESPONSE TO DESIGNATION

3 QUESTION.—Section 6096 of such Code, as amended by 

4 subsection (b), is amended by adding at the end the fol5 lowing new subsection: 

6 ‘‘(e) ENSURING TAX PREPARATION SOFTWARE DOES

7 NOT PROVIDE AUTOMATIC RESPONSE TO DESIGNATION

8 QUESTION.—The Secretary shall promulgate regulations 

9 to ensure that electronic software used in the preparation 

10 or filing of individual income tax returns does not auto11 matically accept or decline a designation of a payment 

12 under this section.’’. 

13 (d) PUBLIC INFORMATION PROGRAM ON DESIGNA14 TION.—Section 6096 of such Code, as amended by sub15 sections (b) and (c), is amended by adding at the end the 

16 following new subsection: 

17 ‘‘(f) PUBLIC INFORMATION PROGRAM.— 

18 ‘‘(1) IN GENERAL.—The Federal Election Com19 mission shall conduct a program to inform and edu20 cate the public regarding the purposes of the Presi21 dential Election Campaign Fund, the procedures for 

22 the designation of payments under this section, and 

23 the effect of such a designation on the income tax 

24 liability of taxpayers. 


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1 ‘‘(2) USE OF FUNDS FOR PROGRAM.—Amounts 

2 in the Presidential Election Campaign Fund shall be 

3 made available to the Federal Election Commission 

4 to carry out the program under this subsection, ex5 cept that the amount made available for this pur6 pose may not exceed $10,000,000 with respect to 

7 any Presidential election cycle. In this paragraph, a 

8 ‘Presidential election cycle’ is the 4-year period be9 ginning with January of the year following a Presi10 dential election.’’. 

11 (e) EFFECTIVE DATE.—The amendments made by 

12 this section shall take effect January 1, 2013. 

13 SEC. 402. REGULATIONS WITH RESPECT TO BEST EFFORTS 

14 FOR IDENTIFYING PERSONS MAKING CON15 TRIBUTIONS. 

16 Not later than 6 months after the date of enactment 

17 of this Act, the Federal Election Commission shall pro18 mulgate regulations with respect to what constitutes best 

19 efforts under section 302(i) of the Federal Election Cam20 paign Act of 1971 (2 U.S.C. 432(i)) for determining the 

21 identification of persons making contributions to political 

22 committees, including the identifications of persons mak23 ing contributions over the Internet or by credit card. Such 

24 regulations shall include a requirement that in the case 

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1 mittee shall ensure that the name on the credit card used 

2 to make the contribution matches the name of the person 

3 making the contribution. 

4 SEC. 403. PROHIBITION ON JOINT FUNDRAISING COMMIT5 TEES. 

6 (a) IN GENERAL.—Section 302(e) of the Federal 

7 Election Campaign Act of 1971 (2 U.S.C. 432(e)) is 

8 amended by adding at the end the following new para9 graph: 

10 ‘‘(6) No authorized committee of a candidate 

11 may establish a joint fundraising committee with a 

12 political committee other than an authorized com13 mittee of a candidate.’’. 

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

15 this section shall take effect on January 1, 2013. 

16 SEC. 404. DISCLOSURE OF BUNDLED CONTRIBUTIONS TO 

17 PRESIDENTIAL CAMPAIGNS. 

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

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

20 1971 (2 U.S.C. 434(i)) are amended to read as follows: 

21 ‘‘(1) IN GENERAL.— 

22 ‘‘(A) DISCLOSURE OF BUNDLED CON23 TRIBUTIONS BY LOBBYISTS.—Each committee 

24 described in paragraph (6) shall include in the 

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1 tion after each covered period (as defined in 

2 paragraph (2)) a separate schedule setting forth 

3 the name, address, and employer of each person 

4 reasonably known by the committee to be a per5 son described in paragraph (7) who provided 2 

6 or more bundled contributions to the committee 

7 in an aggregate amount greater than the appli8 cable threshold (as defined in paragraph (3)) 

9 during the covered period, and the aggregate 

10 amount of the bundled contributions provided 

11 by each such person during the covered period. 

12 ‘‘(B) DISCLOSURE OF BUNDLED CON13 TRIBUTIONS TO PRESIDENTIAL CAMPAIGNS.— 

14 Each committee which is an authorized com15 mittee of a candidate for the office of President 

16 or for nomination to such office shall include in 

17 the first report required to be filed under this 

18 section after each covered period (as defined in 

19 paragraph (2)) a separate schedule setting forth 

20 the name, address, and employer of each person 

21 who provided 2 or more bundled contributions 

22 to the committee in an aggregate amount great23 er than the applicable threshold (as defined in 

24 paragraph (3)) during the election cycle, and 

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1 tions provided by each such person during the 

2 covered period and such election cycle. Such 

3 schedule shall include a separate listing of the 

4 name, address, and employer of each person in5 cluded on such schedule who is reasonably 

6 known by the committee to be a person de7 scribed in paragraph (7), together with the ag8 gregate amount of bundled contributions pro9 vided by such person during such period and 

10 such cycle. 

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

12 ‘covered period’ means— 

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

14 an authorized committee of a candidate for the 

15 office of President or for nomination to such of16 fice— 

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

18 with the date of the election for the office 

19 of the President; and 

20 ‘‘(ii) any reporting period applicable 

21 to the committee under this section during 

22 which any person provided 2 or more bun23 dled contributions to the committee; and 

24 ‘‘(B) with respect to any other com25 mittee— 


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1 ‘‘(i) the period beginning January 1 

2 and ending June 30 of each year; 

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

4 ending December 31 of each year; and 

5 ‘‘(iii) any reporting period applicable 

6 to the committee under this section during 

7 which any person described in paragraph 

8 (7) provided 2 or more bundled contribu9 tions to the committee in an aggregate 

10 amount greater than the applicable thresh11 old. 

12 ‘‘(3) APPLICABLE THRESHOLD.— 

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

14 ‘applicable threshold’ is— 

15 ‘‘(i) $50,000 in the case of a com16 mittee which is an authorized committee of 

17 a candidate for the office of President or 

18 for nomination to such office; and 

19 ‘‘(ii) $15,000 in the case of any other 

20 committee. 

21 In determining whether the amount of bundled 

22 contributions provided to a committee by a per23 son exceeds the applicable threshold, there shall 

24 be excluded any contribution made to the com25 mittee by the person or the person’s spouse. 


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

2 after 2016, section 315(c)(1)(B) shall apply to 

3 each amount applicable under subparagraph 

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

5 to the limitations established under subsections 

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

7 section, except that for purposes of applying 

8 such section to the amount applicable under 

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

10 2015.’’. 

11 (b) CONFORMING AMENDMENTS.—Subsection (i) of 

12 section 304 of such Act (2 U.S.C. 434) is amended— 

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

14 paragraph (7)’’ each place it appears in subpara15 graphs (C) and (D); 

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

17 a candidate for the office of President or for nomi18 nation to such office)’’ after ‘‘candidate’’; and 

19 (3) in paragraph (8)(A)— 

20 (A) by striking ‘‘, with respect to a com21 mittee described in paragraph (6) and a person 

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

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1 didate for the office of President or for nomina2 tion to such office,’’; 

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

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

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

6 appears in clause (ii) and inserting ‘‘such per7 son’’. 

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

9 this section shall apply with respect to reports filed under 

10 section 304 of the Federal Election Campaign Act of 1971 

11 after January 1, 2013. 

12 SEC. 405. JUDICIAL REVIEW OF ACTIONS RELATED TO CAM13 PAIGN FINANCE LAWS. 

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

15 Campaign Act of 1971 (2 U.S.C. 451 et seq.) is amended 

16 by inserting after section 406 the following new section: 

17 ‘‘SEC. 407. JUDICIAL REVIEW. 

18 ‘‘(a) IN GENERAL.—If any action is brought for de19 claratory or injunctive relief to challenge the constitu20 tionality of any provision of this Act or of chapter 95 or 

21 96 of the Internal Revenue Code of 1986, or is brought 

22 to with respect to any action of the Commission under 

23 chapter 95 or 96 of the Internal Revenue Code of 1986, 

24 the following rules shall apply: 


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

2 States District Court for the District of Columbia 

3 and an appeal from the decision of the district court 

4 may be taken to the Court of Appeals for the Dis5 trict of Columbia Circuit. 

6 ‘‘(2) In the case of an action relating to declar7 atory or injunctive relief to challenge the constitu8 tionality of a provision— 

9 ‘‘(A) a copy of the complaint shall be deliv10 ered promptly to the Clerk of the House of 

11 Representatives and the Secretary of the Sen12 ate; and 

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

14 States District Court for the District of Colum15 bia, the Court of Appeals for the District of Co16 lumbia, and the Supreme Court of the United 

17 States to advance on the docket and to expedite 

18 to the greatest possible extent the disposition of 

19 the action and appeal. 

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

21 In any action in which the constitutionality of any provi22 sion of this Act or chapter 95 or 96 of the Internal Rev23 enue Code of 1986 is raised, any member of the House 

24 of Representatives (including a Delegate or Resident Com25 missioner to the Congress) or Senate shall have the right 


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1 to intervene either in support of or opposition to the posi2 tion of a party to the case regarding the constitutionality 

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

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

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

6 necessary, including orders to require intervenors taking 

7 similar positions to file joint papers or to be represented 

8 by a single attorney at oral argument. 

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

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

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

12 or injunctive relief to challenge the constitutionality of any 

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

14 Revenue Code of 1986.’’. 

15 (b) CONFORMING AMENDMENTS.— 

16 (1) IN GENERAL.— 

17 (A) Section 310 of the Federal Election 

18 Campaign Act of 1971 (2 U.S.C. 437h) is re19 pealed. 

20 (B) Section 9011 of the Internal Revenue 

21 Code of 1986 is amended to read as follows: 

22 ‘‘SEC. 9011. JUDICIAL REVIEW. 

23 ‘‘For provisions relating to judicial review of certifi24 cations, determinations, and actions by the Commission 


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

2 Campaign Act of 1971.’’. 

3 (C) Section 9041 of the Internal Revenue 

4 Code of 1986 is amended to read as follows: 

5 ‘‘SEC. 9041. JUDICIAL REVIEW. 

6 ‘‘For provisions relating to judicial review of actions 

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

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

9 (D) Section 403 of the Bipartisan Cam10 paign Finance Reform Act of 2002 (2 U.S.C. 

11 437h note) is repealed. 

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

13 this section shall apply to actions brought on or after Jan14 uary 1, 2013. 

15 TITLE V—SEVERABILITY AND 

16 EFFECTIVE DATE 

17 SEC. 501. SEVERABILITY. 

18 If any provision of this Act or amendment made by 

19 this Act, or the application of a provision or amendment 

20 to any person or circumstance, is held to be unconstitu21 tional, the remainder of this Act and amendments made 

22 by this Act, and the application of the provisions and 

23 amendment to any person or circumstance, shall not be 

24 affected by the holding. 


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47 

•S 3312 IS

1 SEC. 502. EFFECTIVE DATE. 

2 Except as otherwise provided in this Act, the amend3 ments made by this Act shall apply with respect to elec4 tions occurring after January 1, 2013. 

Æ 


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