I 

111TH CONGRESS 

2D SESSION H. R. 6061 

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

public financing for Presidential elections, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Mr. PRICE of North Carolina (for himself, Mr. CASTLE, Mr. VAN HOLLEN, 

and Mr. PLATTS) introduced the following bill; which was referred to the 

Committee on House Administration, and in addition to the Committee 

on Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

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 of 2010’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—PRIMARY ELECTIONS 

Sec. 101. Increase in and modifications to matching payments. 

Sec. 102. Eligibility requirements for matching payments. 

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.— 


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

2 9034(a) of the Internal Revenue Code of 1986 is 

3 amended— 

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

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

6 amount equal to 400 percent of the amount of 

7 each matchable contribution’’; and 

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

9 and all that follows through ‘‘$250’’ and insert10 ing ‘‘authorized committees’’. 

11 (2) MATCHABLE CONTRIBUTIONS.—Section 

12 9034 of such Code is amended— 

13 (A) by striking the last sentence of sub14 section (a); and 

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

16 following new subsection: 

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

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

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

20 ‘matchable contribution’ means, with respect to the 

21 nomination for election to the office of President of 

22 the United States, a contribution by an individual to 

23 a candidate or an authorized committee of a can24 didate— 

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


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

2 has certified in writing that— 

3 ‘‘(i) the individual making such con4 tribution has not made aggregate contribu5 tions (including such matchable contribu6 tion) to such candidate and the authorized 

7 committees of such candidate in excess of 

8 $200 with respect to such nomination, 

9 ‘‘(ii) such candidate and the author10 ized committees of such candidate will not 

11 accept contributions from such individual 

12 (including such matchable contribution) 

13 aggregating more than $200 with respect 

14 to such nomination, and 

15 ‘‘(iii) such contribution was not— 

16 ‘‘(I) forwarded from the contrib17 utor from any person other than an 

18 individual, or 

19 ‘‘(II) received by the candidate or 

20 committee from a contributor or con21 tributors, but credited by the com22 mittee or candidate to another person 

23 who is not an individual through 

24 records, designations, or other means 

25 of recognizing that a certain amount 


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1 of money has been raised by such per2 son. 

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

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

5 money made by a written instrument which identi6 fies the individual making the contribution by full 

7 name and mailing address, but does not include a 

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

9 anything of value or anything described in subpara10 graph (B), (C), or (D) of section 9032(4).’’. 

11 (3) CONFORMING AMENDMENTS.— 

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

13 amended by striking ‘‘section 9034(a)’’ and in14 serting ‘‘section 9034’’. 

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

16 amended by striking ‘‘matching contributions’’ 

17 and inserting ‘‘matchable contributions’’. 

18 (b) MODIFICATION OF PAYMENT LIMITATION.—Sec19 tion 9034(b) of the Internal Revenue Code of 1986 is 

20 amended by striking ‘‘shall not exceed’’ and all that fol21 lows and inserting ‘‘shall not exceed $100,000,000.’’ 

22 SEC. 102. ELIGIBILITY REQUIREMENTS FOR MATCHING 

23 PAYMENTS. 

24 (a) AMOUNT OF AGGREGATE CONTRIBUTIONS PER

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


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

2 ‘‘$25,000’’. 

3 (b) CONTRIBUTION LIMIT.— 

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

5 9033(b) of such Code is amended to read as follows: 

6 ‘‘(4) the candidate and the authorized commit7 tees of the candidate will not accept aggregate con8 tributions from any person with respect to the nomi9 nation for election to the office of President of the 

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

11 (2) CONFORMING AMENDMENTS.— 

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

13 amended by adding at the end the following 

14 new flush sentence: 

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

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

17 Federal Election Campaign Act of 1971.’’. 

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

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

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

21 (c) BAN ON CONTRIBUTIONS BY LOBBYISTS AND

22 PACS.—Section 9033(b) of such Code, as amended by 

23 subsection (b), is amended— 

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

25 (3); 


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1 (2) by striking the period at the end of para2 graph (4) and inserting ‘‘, and’’; and 

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

4 paragraph: 

5 ‘‘(5) the candidate and the authorized com6 mittee of the candidate will not accept— 

7 ‘‘(A) any contribution from— 

8 ‘‘(i) an individual who is a current 

9 registrant under section 4(a)(1) of the 

10 Lobbying Disclosure Act of 1995, or 

11 ‘‘(ii) an individual who is listed on a 

12 current registration filed under section 

13 4(b)(6) of such Act or a current report 

14 under section 5(b)(2)(C) of such Act, 

15 ‘‘(B) any bundled contribution (as defined 

16 in section 304(i)(8)) forwarded by or credited 

17 to a person described in section 304(i)(7), and 

18 ‘‘(C) any contribution from a political com19 mittee other than a political committee of a po20 litical party.’’. 

21 (d) PARTICIPATION IN SYSTEM FOR PAYMENTS FOR

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

23 amended by subsection (c), is amended— 

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

25 (4); 


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1 (2) by striking the period at the end of para2 graph (5) and inserting ‘‘, and’’; and 

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

4 paragraph: 

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

6 party for election to the office of President, the can7 didate will apply for and accept payments with re8 spect to the general election for such office in ac9 cordance with chapter 95.’’. 

10 SEC. 103. INFLATION ADJUSTMENT FOR CONTRIBUTION 

11 LIMITATIONS AND MATCHING CONTRIBU12 TIONS. 

13 Section 9033 of such Code is amended by adding at 

14 the end the following new subsection: 

15 ‘‘(d) INFLATION ADJUSTMENTS.— 

16 ‘‘(1) IN GENERAL.—In the case of any applica17 ble period beginning after 2012, each of the dollar 

18 amounts in subsection (b)(4) and section 9034(b) 

19 shall be increased by an amount equal to— 

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

21 ‘‘(B) the cost-of-living adjustment deter22 mined under section 1(f)(3) for the calendar 

23 year following the year which such applicable 

24 period begins, determined by substituting ‘calVerDate Mar 15 2010 22:29 Aug 04, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6061.IH H6061

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1 endar year 2012’ for ‘calendar year 1992’ in 

2 subparagraph (B) thereof. 

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

4 this subsection, the term ‘applicable period’ means 

5 the 4-year period beginning with the first day fol6 lowing the date of the last general election for the 

7 office of President and ending on the date of the 

8 next such general election. 

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

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

11 amount shall be rounded to the nearest multiple of 

12 $100.’’. 

13 SEC. 104. REPEAL OF EXPENDITURE LIMITATIONS. 

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

15 the Internal Revenue Code of 1986 is amended to read 

16 as follows: 

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

18 candidate shall knowingly make expenditures from his per19 sonal funds, or the personal funds of his immediate family, 

20 in connection with his campaign for nomination for elec21 tion to the office of President in excess of, in the aggre22 gate, $50,000.’’. 

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

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

25 amended to read as follows: 


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1 ‘‘(1) the candidate will comply with the per2 sonal expenditure limitation under section 9035,’’. 

3 SEC. 105. PERIOD OF AVAILABILITY OF MATCHING PAY4 MENTS. 

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

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

7 election for the office of President of the United States 

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

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

10 SEC. 106. EXAMINATION AND AUDITS OF MATCHABLE CON11 TRIBUTIONS. 

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

13 1986 is amended by inserting ‘‘and matchable contribu14 tions accepted by’’ after ‘‘qualified campaign expenses of’’. 

15 SEC. 107. MODIFICATION TO LIMITATION ON CONTRIBU16 TIONS FOR PRESIDENTIAL PRIMARY CAN17 DIDATES. 

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

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

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

21 TITLE II—GENERAL ELECTIONS 

22 SEC. 201. MODIFICATION OF ELIGIBILITY REQUIREMENTS 

23 FOR PUBLIC FINANCING. 

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

25 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 CERTAIN CONTRIBUTIONS AND

23 SOLICITATIONS.—The candidates certify to the Com24 mission, under penalty of perjury, the following: 


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1 ‘‘(A) LOBBYISTS AND PACS.—Such can2 didates and the authorized committees of such 

3 candidates will not accept— 

4 ‘‘(i) any contribution from— 

5 ‘‘(I) an individual who is a cur6 rent registrant under section 4(a)(1) 

7 of the Lobbying Disclosure Act of 

8 1995, or 

9 ‘‘(II) an individual who is listed 

10 on a current registration filed under 

11 section 4(b)(6) of such Act or a cur12 rent report under section 5(b)(2)(C) 

13 of such Act, 

14 ‘‘(ii) any bundled contribution (as de15 fined in section 304(i)(8)) forwarded by or 

16 credited to a person described in section 

17 304(i)(7), and 

18 ‘‘(iii) any contribution from a political 

19 committee other than a political committee 

20 of a political party. 

21 ‘‘(B) SOLICITATIONS FOR JOINT FUND22 RAISING COMMITTEES.—Such candidates and 

23 their authorized committees will not, after June 

24 1 of the election year, solicit any funds for any 


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1 joint fundraising committee that includes any 

2 committee of a political party. 

3 ‘‘(C) SOLICITATION FOR POLITICAL PAR4 TIES.—Such candidates and their authorized 

5 committees will not, after the date described in 

6 section 9006(b), solicit any funds for any com7 mittee of a political party. 

8 Such certification shall be made within such time 

9 prior to the day of the presidential election as the 

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

11 SEC. 202. REPEAL OF EXPENDITURE LIMITATIONS AND USE 

12 OF QUALIFIED CAMPAIGN CONTRIBUTIONS. 

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

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

15 as follows: 

16 ‘‘(b) MAJOR PARTIES.—In order to be eligible to re17 ceive any payments under section 9006, the candidates of 

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

19 Commission, under penalty of perjury, that— 

20 ‘‘(1) such candidates and their authorized com21 mittees have not and will not accept any contribu22 tions to defray qualified campaign expenses other 

23 than— 

24 ‘‘(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 an in18 dividual to a candidate or an authorized committee 

19 of a candidate which— 

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

21 which the election is held, 

22 ‘‘(B) does not exceed $500, and 

23 ‘‘(C) 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 qualified contribu4 tion) to such candidate and the authorized 

5 committees of such candidate in excess of 

6 $500 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 individual 

10 (including such qualified contribution) ag11 gregating more than $500 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 2012, each of the dollar 

8 amounts in subsection (a)(1) and section 9002(13) 

9 shall be increased by an amount equal to— 

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

11 ‘‘(B) the cost-of-living adjustment deter12 mined under section 1(f)(3) for the calendar 

13 year following the year which such applicable 

14 period begins, determined by substituting ‘cal15 endar year 2012’ for ‘calendar year 1992’ in 

16 subparagraph (B) thereof. 

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

18 this subsection, the term ‘applicable period’ means 

19 the 4-year period beginning with the first day fol20 lowing the date of the last general election for the 

21 office of President and ending on the date of the 

22 next such general election. 

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

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

25 amount shall be rounded to the nearest multiple of 

26 $100.’’. 


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1 SEC. 205. INCREASE IN LIMIT ON COORDINATED PARTY EX2 PENDITURES. 

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

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

5 amended to read as follows: 

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

7 may not make any expenditure in connection with the gen8 eral election campaign of any candidate for President of 

9 the United States who is affiliated with such party which 

10 exceeds $50,000,000. 

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

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

13 national committee of a political party and in con14 nection with a presidential election shall be consid15 ered to be made in connection with the general elec16 tion campaign of a candidate for President of the 

17 United States who is affiliated with such party; and 

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

19 of such party shall be considered to be made in con20 nection with the general election campaign of a can21 didate for President of the United States who is af22 filiated with such party if any portion of the commu23 nication is in connection with such election. 

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

25 in addition to any expenditure by a national committee 

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1 mittee of a candidate for the office of President of the 

2 United States.’’. 

3 (b) CONFORMING AMENDMENTS RELATING TO TIM4 ING OF COST-OF-LIVING ADJUSTMENT.— 

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

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

7 202(d)(1)(B), is amended— 

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

9 and inserting ‘‘(d)(3)’’; and 

10 (B) by inserting at the end the following 

11 new subparagraph: 

12 ‘‘(D) In any calendar year after 2012— 

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

14 be increased by the percent difference determined 

15 under subparagraph (A); 

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

17 effect for the calendar year; and 

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

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

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

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

22 Act (2 U.S.C. 441a(c)(2)(B)), as amended by sec23 tion 202(d)(1)(B), is amended— 

24 (A) in clause (i)— 


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

2 ‘‘(d)(3)’’; and 

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

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

5 the end and inserting ‘‘; and’’; and 

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

7 clause: 

8 ‘‘(iii) for purposes of subsection (d)(2), cal9 endar year 2011.’’. 

10 SEC. 206. ESTABLISHMENT OF UNIFORM DATE FOR RE11 LEASE OF PAYMENTS. 

12 (a) DATE FOR PAYMENTS.— 

13 (1) IN GENERAL.—Section 9006(b) of the In14 ternal Revenue Code of 1986 is amended to read as 

15 follows: 

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

17 of the Treasury receives a certification from the Commis18 sion under section 9005 for payment to the eligible can19 didates of a political party, the Secretary shall pay to such 

20 candidates out of the fund the amount certified by the 

21 Commission on the later of— 

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

23 Monday in September, or 


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1 ‘‘(2) 24 hours after receiving the certifications 

2 for the eligible candidates of all major political par3 ties. 

4 Amounts paid to any such candidates shall be under the 

5 control of such candidates.’’. 

6 (2) CONFORMING AMENDMENT.—The first sen7 tence of section 9006(c) of such Code is amended by 

8 striking ‘‘the time of a certification by the Commis9 sion under section 9005 for payment’’ and inserting 

10 ‘‘the time of making a payment under subsection 

11 (b)’’. 

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

13 the Internal Revenue Code of 1986 is amended by striking 

14 ‘‘10 days’’ and inserting ‘‘24 hours’’. 

15 SEC. 207. AMOUNTS IN PRESIDENTIAL ELECTION CAM16 PAIGN FUND. 

17 (a) DETERMINATION OF AMOUNTS IN FUND.—Sec18 tion 9006(c) of the Internal Revenue Code of 1986 is 

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

20 ‘‘In making a determination of whether there are insuffi21 cient moneys in the fund for purposes of the previous sen22 tence, the Secretary shall take into account in determining 

23 the balance of the fund for a Presidential election year 

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

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1 cept that the amount of the estimate may not exceed the 

2 average of the annual amounts deposited in the fund dur3 ing the previous 3 years.’’. 

4 (b) SPECIAL RULE FOR FIRST CAMPAIGN CYCLE

5 UNDER THIS ACT.— 

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

7 Revenue Code of 1986 is amended by adding at the 

8 end the following new subsection: 

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

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

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

12 fund, as repayable advances, such sums as are nec13 essary to carry out the purposes of the fund during 

14 the period ending on the first presidential election 

15 occurring after the date of the enactment of this 

16 subsection. 

17 ‘‘(2) REPAYMENT OF ADVANCES.— 

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

19 fund shall be repaid, and interest on such ad20 vances shall be paid, to the general fund of the 

21 Treasury when the Secretary determines that 

22 moneys are available for such purposes in the 

23 fund. 

24 ‘‘(B) RATE OF INTEREST.—Interest on ad25 vances made to the fund shall be at a rate deVerDate Mar 15 2010 22:29 Aug 04, 2010 Jkt 089200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H6061.IH H6061

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1 termined by the Secretary of the Treasury (as 

2 of the close of the calendar month preceding the 

3 month in which the advance is made) to be 

4 equal to the current average market yield on 

5 outstanding marketable obligations of the 

6 United States with remaining periods to matu7 rity comparable to the anticipated period during 

8 which the advance will be outstanding and shall 

9 be compounded annually.’’. 

10 (2) EFFECTIVE DATE.—The amendment made 

11 by this subsection shall take effect on the date of the 

12 enactment of this Act. 

13 SEC. 208. USE OF GENERAL ELECTION PAYMENTS FOR GEN14 ERAL ELECTION LEGAL AND ACCOUNTING 

15 COMPLIANCE. 

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

17 1986 is amended by adding at the end the following new 

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

19 incurred by a candidate or authorized committee for gen20 eral election legal and accounting compliance purposes 

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

22 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 semicolon 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 2010, 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 2009.’’. 


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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 on the date of the enactment 

13 of this Act. 

14 SEC. 402. REGULATIONS WITH RESPECT TO BEST EFFORTS 

15 FOR IDENTIFYING PERSONS MAKING CON16 TRIBUTIONS. 

17 Not later than 6 months after the date of enactment 

18 of this Act, the Federal Election Commission shall pro19 mulgate regulations with respect to what constitutes best 

20 efforts under section 302(i) of the Federal Election Cam21 paign Act of 1971 (2 U.S.C. 432(i)) for determining the 

22 identification of persons making contributions to political 

23 committees, including the identifications of persons mak24 ing contributions over the Internet or by credit card. Such 

25 regulations shall include a requirement that in the case 


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1 of contributions made by a credit card, the political com2 mittee shall ensure that the name on the credit card used 

3 to make the contribution matches the name of the person 

4 making the contribution. 

5 SEC. 403. PROHIBITION ON JOINT FUNDRAISING COMMIT6 TEES. 

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

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

9 amended by adding at the end the following new para10 graph: 

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

12 may establish a joint fundraising committee with a 

13 political committee other than an authorized com14 mittee of a candidate.’’. 

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

16 this section shall take effect on January 1, 2011. 

17 SEC. 404. DISCLOSURE OF BUNDLED CONTRIBUTIONS TO 

18 PRESIDENTIAL CAMPAIGNS. 

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

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

21 1971 (2 U.S.C. 434(i)) are amended to read as follows: 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) DISCLOSURE OF BUNDLED CON24 TRIBUTIONS BY LOBBYISTS.—Each committee 

25 described in paragraph (6) shall include in the 


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1 first report required to be filed under this sec2 tion after each covered period (as defined in 

3 paragraph (2)) a separate schedule setting forth 

4 the name, address, and employer of each person 

5 reasonably known by the committee to be a per6 son described in paragraph (7) who provided 2 

7 or more bundled contributions to the committee 

8 in an aggregate amount greater than the appli9 cable threshold (as defined in paragraph (3)) 

10 during the covered period, and the aggregate 

11 amount of the bundled contributions provided 

12 by each such person during the covered period. 

13 ‘‘(B) DISCLOSURE OF BUNDLED CON14 TRIBUTIONS TO PRESIDENTIAL CAMPAIGNS.— 

15 Each committee which is an authorized com16 mittee of a candidate for the office of President 

17 or for nomination to such office shall include in 

18 the first report required to be filed under this 

19 section after each covered period (as defined in 

20 paragraph (2)) a separate schedule setting forth 

21 the name, address, and employer of each person 

22 who provided 2 or more bundled contributions 

23 to the committee in an aggregate amount great24 er than the applicable threshold (as defined in 

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


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1 the aggregate amount of the bundled contribu2 tions provided by each such person during the 

3 covered period and such election cycle. Such 

4 schedule shall include a separate listing of the 

5 name, address, and employer of each person in6 cluded on such schedule who is reasonably 

7 known by the committee to be a person de8 scribed in paragraph (7), together with the ag9 gregate amount of bundled contributions pro10 vided by such person during such period and 

11 such cycle. 

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

13 ‘covered period’ means— 

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

15 an authorized committee of a candidate for the 

16 office of President or for nomination to such of17 fice— 

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

19 with the date of the election for the office 

20 of the President; and 

21 ‘‘(ii) any reporting period applicable 

22 to the committee under this section during 

23 which any person provided 2 or more bun24 dled contributions to the committee; and 


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1 ‘‘(B) with respect to any other com2 mittee— 

3 ‘‘(i) the period beginning January 1 

4 and ending June 30 of each year; 

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

6 ending December 31 of each year; and 

7 ‘‘(iii) any reporting period applicable 

8 to the committee under this section during 

9 which any person described in paragraph 

10 (7) provided 2 or more bundled contribu11 tions to the committee in an aggregate 

12 amount greater than the applicable thresh13 old. 

14 ‘‘(3) APPLICABLE THRESHOLD.— 

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

16 ‘applicable threshold’ is— 

17 ‘‘(i) $50,000 in the case of a com18 mittee which is an authorized committee of 

19 a candidate for the office of President or 

20 for nomination to such office; and 

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

22 committee. 

23 In determining whether the amount of bundled 

24 contributions provided to a committee by a per25 son exceeds the applicable threshold, there shall 


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1 be excluded any contribution made to the com2 mittee by the person or the person’s spouse. 

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

4 after 2012, section 315(c)(1)(B) shall apply to 

5 each amount applicable under subparagraph 

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

7 to the limitations established under subsections 

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

9 section, except that for purposes of applying 

10 such section to the amount applicable under 

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

12 2011.’’. 

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

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

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

16 paragraph (7)’’ each place it appears in subpara17 graphs (C) and (D); 

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

19 a candidate for the office of President or for nomi20 nation to such office)’’ after ‘‘candidate’’; and 

21 (3) in paragraph (8)(A)— 

22 (A) by striking ‘‘, with respect to a com23 mittee described in paragraph (6) and a person 

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

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1 graph (6) or an authorized committee of a can2 didate for the office of President or for nomina3 tion to such office,’’; 

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

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

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

7 appears in clause (ii) and inserting ‘‘such per8 son’’. 

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

10 this section shall apply with respect to reports filed under 

11 section 304 of the Federal Election Campaign Act of 1971 

12 after the date that is 30 days after the date of the enact13 ment of this Act. 

14 SEC. 405. JUDICIAL REVIEW OF ACTIONS RELATED TO CAM15 PAIGN FINANCE LAWS. 

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

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

18 by inserting after section 406 the following new section: 

19 ‘‘SEC. 407. JUDICIAL REVIEW. 

20 ‘‘(a) IN GENERAL.—If any action is brought for de21 claratory or injunctive relief to challenge the constitu22 tionality of any provision of this Act or of chapter 95 or 

23 96 of the Internal Revenue Code of 1986, or is brought 

24 to with respect to any action of the Commission under 


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

2 the following rules shall apply: 

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

4 States District Court for the District of Columbia 

5 and an appeal from the decision of the district court 

6 may be taken to the Court of Appeals for the Dis7 trict of Columbia Circuit. 

8 ‘‘(2) In the case of an action relating to declar9 atory or injunctive relief to challenge the constitu10 tionality of a provision— 

11 ‘‘(A) a copy of the complaint shall be deliv12 ered promptly to the Clerk of the House of 

13 Representatives and the Secretary of the Sen14 ate; and 

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

16 States District Court for the District of Colum17 bia, the Court of Appeals for the District of Co18 lumbia, and the Supreme Court of the United 

19 States to advance on the docket and to expedite 

20 to the greatest possible extent the disposition of 

21 the action and appeal. 

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

23 In any action in which the constitutionality of any provi24 sion of this Act or chapter 95 or 96 of the Internal Rev25 enue Code of 1986 is raised, any member of the House 


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1 of Representatives (including a Delegate or Resident Com2 missioner to the Congress) or Senate shall have the right 

3 to intervene either in support of or opposition to the posi4 tion of a party to the case regarding the constitutionality 

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

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

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

8 necessary, including orders to require intervenors taking 

9 similar positions to file joint papers or to be represented 

10 by a single attorney at oral argument. 

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

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

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

14 or injunctive relief to challenge the constitutionality of any 

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

16 Revenue Code of 1986.’’. 

17 (b) CONFORMING AMENDMENTS.— 

18 (1) IN GENERAL.— 

19 (A) Section 310 of the Federal Election 

20 Campaign Act of 1971 (2 U.S.C. 437h) is re21 pealed. 

22 (B) Section 9011 of the Internal Revenue 

23 Code of 1986 is amended to read as follows: 


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1 ‘‘SEC. 9011. JUDICIAL REVIEW. 

2 ‘‘For provisions relating to judicial review of certifi3 cations, determinations, and actions by the Commission 

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

5 Campaign Act of 1971.’’. 

6 (C) Section 9041 of the Internal Revenue 

7 Code of 1986 is amended to read as follows: 

8 ‘‘SEC. 9041. JUDICIAL REVIEW. 

9 ‘‘For provisions relating to judicial review of actions 

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

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

12 (D) Section 403 of the Bipartisan Cam13 paign Finance Reform Act of 2002 (2 U.S.C. 

14 437h note) is repealed. 

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

16 this section shall apply to actions brought after the date 

17 of the enactment of this Act. 

18 TITLE V—SEVERABILITY AND 

19 EFFECTIVE DATE 

20 SEC. 501. SEVERABILITY. 

21 If any provision of this Act or amendment made by 

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

23 to any person or circumstance, is held to be unconstitu24 tional, the remainder of this Act and amendments made 

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


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1 amendment to any person or circumstance, shall not be 

2 affected by the holding. 

3 SEC. 502. EFFECTIVE DATE. 

4 Except as otherwise provided in this Act, the amend5 ments made by this Act shall apply with respect to elec6 tions occurring after January 1, 2011. 

Æ 


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