TITLE 
II—PUBLIC 
FINANCING 
FOR CONGRESSIONAL ELEC-
TION CAMPAIGNS 
SEC. 201. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR 
CONGRESSIONAL CANDIDATES. 
The Federal Election Campaign Act of 1971 (2 
U.S.C. 431 et seq.) is amended by adding at the end the 
following: 
‘‘TITLE 
V—PUBLIC 
FINANCING 
OF 
CONGRESSIONAL 
ELEC-
TION CAMPAIGNS 
‘‘Subtitle A—Benefits 
‘‘SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. 
‘‘(a) IN GENERAL.—If a candidate for election to the 
office of Senator or Representative in, or Delegate or Resi-
dent Commissioner to, the Congress is a participating can-
didate under this title with respect to an election for such 
office, the candidate shall be entitled to payments under 
this title, to be used only for authorized expenditures in 
connection with the election. 
‘‘(b) AMOUNT OF PAYMENT.— 
‘‘(1) MATCH OF QUALIFIED CONTRIBUTIONS.— 
Subject to paragraph (2), the amount of a payment 
made to a participating candidate under this title 
shall be equal to 500 percent of the amount of quali-
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
fied contributions received by the candidate since the 
most recent payment made to the candidate under 
this title with respect to the election, as set forth— 
‘‘(A) in the case of the first payment made 
to the candidate with respect to the election, in 
the report filed under section 511(a)(2); and 
‘‘(B) in the case of any subsequent pay-
ment made to the candidate with respect to the 
election, in the report of qualified contributions 
filed under subsection (c). 
‘‘(2) LIMITATION.—In determining the amount 
of qualified contributions received by a candidate for 
purposes of making a payment under this section, 
there shall be disregarded any amount of contribu-
tions from any person to the extent that the total of 
the amounts contributed by such person for the elec-
tion exceeds $250. 
‘‘(c) REPORTS.— 
‘‘(1) IN
GENERAL.—Each participating can-
didate shall file reports of receipts of qualified con-
tributions at such times and in such manner as the 
Commission may by regulations prescribe. 
‘‘(2) CONTENTS
OF
REPORTS.—Each report 
under this subsection shall disclose each qualified 
contribution received by the candidate since the most 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
recent report filed under this section, and shall state 
the aggregate amount of all such qualified contribu-
tions received since the most recent report filed 
under this section. 
‘‘(3) FREQUENCY OF REPORTS.—Reports under 
this subsection shall be made no more frequently 
than— 
‘‘(A) once every month until the date that 
is 90 days before the date of the election; 
‘‘(B) once every week after the period de-
scribed in subparagraph (A) and until the date 
that is 21 days before the election; and 
‘‘(C) once every day after the period de-
scribed in subparagraph (B). 
‘‘(4) 
LIMITATION
ON
REGULATIONS.—The 
Commission may not prescribe any regulations with 
respect to reporting under this subsection with re-
spect to any election after the date that is 180 days 
before the date of such election. 
‘‘(d) LIMIT
ON
AGGREGATE
AMOUNT
OF
PAY-
MENTS.—The aggregate amount of payments that may be 
made under this title to a participating candidate during 
an election cycle may not exceed— 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘(1) $2,000,000, in the case of a candidate for 
the office of Representative in, or Delegate or Resi-
dent Commissioner to, the Congress; or 
‘‘(2) $10,000,000, in the case of a candidate for 
the office of Senator. 
‘‘SEC. 502. ADMINISTRATION OF PAYMENTS. 
‘‘(a) TIMING.—The Commission shall make payments 
under this title to a participating candidate— 
‘‘(1) in the case of the first payment made to 
the candidate with respect to the election, not later 
than 48 hours after the date on which such can-
didate is certified as a participating candidate under 
section 513; and 
‘‘(2) in the case of any subsequent payment 
made to the candidate with respect to the election, 
not later than 2 business days after the receipt of 
a report made under section 501(c). 
‘‘(b) METHOD OF PAYMENT.—The Commission shall 
distribute funds available to participating candidates 
under this title through the use of an electronic funds ex-
change or a debit card. 
‘‘(c) APPEALS.—The Commission shall provide a 
written explanation with respect to any denial of any pay-
ment under this title and shall provide for the opportunity 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
for review and reconsideration within 5 business days of 
such denial. 
‘‘SEC. 503. QUALIFIED CONTRIBUTION DEFINED. 
‘‘In this title, the term ‘qualified contribution’ means, 
with respect to a candidate, a contribution that meets each 
of the following requirements: 
‘‘(1) The contribution is in an amount that is 
not greater than the limit on the amount of a con-
tribution that may be accepted by a participating 
candidate from an individual under section 521(a). 
‘‘(2) The contribution is made by an individual 
who is not otherwise prohibited from making a con-
tribution under this Act. 
‘‘(3) The contribution is not— 
‘‘(A) forwarded from the contributor by 
any person other than an individual; or 
‘‘(B) received by the candidate or an au-
thorized committee of the candidate from a con-
tributor or contributors, but credited by the 
committee or candidate to another person who 
is not an individual through records, designa-
tions, or other means of recognizing that a cer-
tain amount of money has been raised by such 
person. 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘(4) The contribution meets the requirements 
of section 512(b). 
‘‘Subtitle B—Eligibility and 
Certification 
‘‘SEC. 511. ELIGIBILITY. 
‘‘(a) IN GENERAL.—A candidate for the office of 
Senator or Representative in, or Delegate or Resident 
Commissioner to, the Congress is eligible to be certified 
as a participating candidate under this title with respect 
to an election if the candidate meets the following require-
ments: 
‘‘(1) During the election cycle for the office in-
volved, the candidate files with the Commission a 
statement of intent to seek certification as a partici-
pating candidate. 
‘‘(2) The candidate meets the qualified con-
tribution requirements of section 512 and submits to 
the Commission a report disclosing each qualified 
contribution received by the candidate and stating 
the aggregate amount of all such qualified contribu-
tions received. 
‘‘(3) Not later than the last day of the quali-
fying period, the candidate files with the Commis-
sion an affidavit signed by the candidate and the 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
treasurer of the candidate’s principal campaign com-
mittee declaring that the candidate— 
‘‘(A) has complied and, if certified, will 
comply with the contribution and expenditure 
requirements of section 521; 
‘‘(B) if certified, will run only as a partici-
pating candidate for all elections for the office 
that such candidate is seeking during the elec-
tion cycle; and 
‘‘(C) has either qualified or will take steps 
to qualify under State law to be on the ballot. 
‘‘(b) GENERAL ELECTION.—Notwithstanding sub-
section (a), a candidate shall not be eligible to receive a 
payment under this title for a general election or a general 
runoff election unless the candidate’s party nominated the 
candidate to be placed on the ballot for the general elec-
tion or the candidate is otherwise qualified to be on the 
ballot under State law. 
‘‘(c) QUALIFYING
PERIOD
DEFINED.—The term 
‘qualifying period’ means, with respect to any candidate 
for the office of Senator or Representative in, or Delegate 
or Resident Commissioner to, the Congress, the 120-day 
period (during the election cycle for such office) which be-
gins on the date on which the candidate files a statement 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
of intent under section 511(a)(1), except that such period 
may not continue after the date that is 60 days before— 
‘‘(1) the date of the primary election; or 
‘‘(2) in the case of a State that does not hold 
a primary election, the date prescribed by State law 
as the last day to qualify for a position on the gen-
eral election ballot. 
‘‘SEC. 512. QUALIFIED CONTRIBUTION REQUIREMENTS. 
‘‘(a) RECEIPT OF QUALIFIED CONTRIBUTIONS.— 
‘‘(1) IN GENERAL.—A candidate meets the re-
quirements of this section if, during the qualifying 
period described in section 511(c), the candidate ob-
tains— 
‘‘(A) a single qualified contribution from a 
number of individuals equal to or greater 
than— 
‘‘(i) in the case of a candidate for 
election the office of Representative in, or 
Delegate or Resident Commissioner to, the 
Congress, 400, or 
‘‘(ii) in the case of a candidate for the 
office of Senator, the product of 400 and 
the number of Congressional districts in 
the State involved as of the date of the 
election; and 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘(B) a total dollar amount of qualified 
contributions equal to or greater than— 
‘‘(i) in the case of a candidate for 
election the office of Representative in, or 
Delegate or Resident Commissioner to, the 
Congress, 
$40,000, 
disregarding 
any 
amount of contributions from any person 
to the extent that the total of the amounts 
contributed by such person for the election 
exceeds $250, or 
‘‘(ii) in the case of a candidate for the 
office of Senator, the product of $40,000 
and the number of Congressional districts 
in the State involved as of the date of the 
election, disregarding any amount of con-
tributions from any person to the extent 
that the total of the amounts contributed 
by such person for the election exceeds 
$250. 
‘‘(2) EXCLUSION
OF
CONTRIBUTIONS
FROM 
OUT-OF-STATE
RESIDENTS.—In determining the 
number of qualified contributions obtained by a can-
didate under paragraph (1)(A) and the dollar 
amount of qualified contributions obtained by a can-
didate under paragraph (1)(B), there shall be ex-
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
cluded any contributions made by an individual who 
does not have a primary residence in the State in 
which such candidate is seeking election. 
‘‘(b) REQUIREMENTS RELATING
TO RECEIPT
OF 
QUALIFIED
CONTRIBUTION.—Each qualified contribu-
tion— 
‘‘(1) may be made by means of a personal 
check, money order, debit card, credit card, or elec-
tronic payment account; 
‘‘(2) shall be accompanied by a signed state-
ment containing the contributor’s name and the con-
tributor’s address in the State in which the primary 
residence of the contributor is located; and 
‘‘(3) shall be acknowledged by a receipt that is 
sent to the contributor with a copy kept by the can-
didate for the Commission and a copy kept by the 
candidate for the election authorities in the State 
with respect to which the candidate is seeking elec-
tion. 
‘‘(c) VERIFICATION
OF
QUALIFIED
CONTRIBU-
TIONS.—The Commission shall establish procedures for 
the auditing and verification of qualified contributions to 
ensure that such contributions meet the requirements of 
this section. 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘(d) PROHIBITING PAYMENT ON COMMISSION BASIS 
OF INDIVIDUALS COLLECTING QUALIFIED CONTRIBU-
TIONS.—No person may be paid a commission on a per 
qualified contribution basis for collecting qualified con-
tributions. 
‘‘SEC. 513. CERTIFICATION. 
‘‘(a) DEADLINE AND NOTIFICATION.— 
‘‘(1) IN
GENERAL.—Not later than 10 days 
after a candidate files an affidavit under section 
511(a)(3), the Commission shall— 
‘‘(A) determine whether or not the can-
didate meets the requirements for certification 
as a participating candidate; 
‘‘(B) if the Commission determines that 
the candidate meets such requirements, certify 
the candidate as a participating candidate; and 
‘‘(C) notify the candidate of the Commis-
sion’s determination. 
‘‘(2) DEEMED CERTIFICATION FOR ALL ELEC-
TIONS IN ELECTION CYCLE.—If the Commission cer-
tifies a candidate as a participating candidate with 
respect to the first election of the election cycle in-
volved, the Commissioner shall be deemed to have 
certified the candidate as a participating candidate 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
with respect to all subsequent elections of the elec-
tion cycle. 
‘‘(b) REVOCATION OF CERTIFICATION.— 
‘‘(1) IN GENERAL.—The Commission may re-
voke a certification under subsection (a) if— 
‘‘(A) a candidate fails to qualify to appear 
on the ballot at any time after the date of cer-
tification (other than a candidate certified as a 
participating candidate with respect to a pri-
mary election who fails to qualify to appear on 
the ballot for a subsequent election in that elec-
tion cycle); or 
‘‘(B) a candidate otherwise fails to comply 
with the requirements of this title, including 
any regulatory requirements prescribed by the 
Commission. 
‘‘(2) REPAYMENT
OF
BENEFITS.—If certifi-
cation is revoked under paragraph (1), the candidate 
shall repay to the Empowering Citizens Payment Ac-
count of the Presidential Election Campaign Fund 
(established under section 9051 of the Internal Rev-
enue Code of 1986) an amount equal to the value 
of benefits received under this title with respect to 
the election cycle involved plus interest (at a rate de-
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
termined by the Commission) on any such amount 
received. 
‘‘(c) PARTICIPATING CANDIDATE DEFINED.—In this 
title, a ‘participating candidate’ means a candidate for the 
office of Senator or Representative in, or Delegate or Resi-
dent Commissioner to, the Congress who is certified under 
this section as eligible to receive benefits under this title. 
‘‘Subtitle C—Requirements for Can-
didates 
Certified 
as 
Partici-
pating Candidates 
‘‘SEC. 521. RESTRICTIONS ON CERTAIN CONTRIBUTIONS 
AND EXPENDITURES. 
‘‘(a) 50 PERCENT REDUCTION IN OTHERWISE AP-
PLICABLE CONTRIBUTION LIMITS.—In the case of a can-
didate who is certified as a participating candidate under 
this title with respect to an election, the limit applicable 
under paragraph (1)(A) or paragraph (2)(A) of section 
315(a) to the amount of a contribution which may be 
made to the candidate and any authorized committee of 
the candidate with respect to the election shall be equal 
to 50% of the amount applicable under such paragraph 
to a contribution made to a candidate with respect to the 
election who is not certified as a participating candidate 
under this title. 
VerDate Mar 15 2010 
17:10 Oct 05, 2012
Jkt 029200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘(b) PROHIBITING ACCEPTANCE OF CONTRIBUTIONS 
FROM REGISTERED LOBBYISTS OR CONTRIBUTIONS BUN-
DLED BY REGISTERED LOBBYISTS.—A candidate who is 
certified as a participating candidate under this title with 
respect to an election, and any authorized committee of 
such a candidate, may not accept any of the following con-
tributions with respect to the election: 
‘‘(1) Any contribution from— 
‘‘(A) an individual who is a current reg-
istrant under section 4(a)(1) of the Lobbying 
Disclosure Act of 1995; or 
‘‘(B) an individual who is listed on a cur-
rent registration filed under section 4(b)(6) of 
such Act or a current report under section 
5(b)(2)(C) of such Act. 
‘‘(2) Any bundled contribution (as defined in 
section 304(i)(8)) forwarded by or credited to a per-
son described in section 304(i)(7). 
‘‘(c) LIMIT
ON EXPENDITURES FROM PERSONAL 
FUNDS.—A candidate who is certified as a participating 
candidate under this title may not make expenditures from 
personal funds (as defined in section 304(a)(6)(B)) in an 
aggregate amount exceeding $50,000 with respect to any 
election in the election cycle involved. 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘(d) PROHIBITING SOLICITATION OF FUNDS FOR PO-
LITICAL PARTY COMMITTEES.—A candidate who is cer-
tified as a participating candidate under this title may not 
solicit funds for any political committee of a political 
party, except that the candidate may solicit funds for a 
separate account of the committee which is established 
under section 315(d)(5). 
‘‘SEC. 522. REMITTING UNSPENT FUNDS AFTER ELECTION. 
‘‘(a) IN GENERAL.—Not later than the date that is 
60 days after the last election for which a candidate cer-
tified as a participating candidate qualifies to be on the 
ballot during the election cycle involved, such participating 
candidate shall remit to the Commission for deposit in the 
Empowering Citizens Payment Account of the Presi-
dential Election Campaign Fund (established under sec-
tion 9051 of the Internal Revenue Code of 1986) an 
amount equal to the lesser of— 
‘‘(1) the amount of money in the candidate’s 
campaign account; or 
‘‘(2) the amount of the payments received by 
the candidate under this title. 
‘‘(b) EXCEPTION
FOR EXPENDITURES INCURRED 
BUT NOT PAID AS OF DATE OF REMITTANCE.— 
‘‘(1) IN GENERAL.—Subject to subsection (a), a 
candidate may withhold from the amount required to 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
be remitted under paragraph (1) of such subsection 
the amount of any authorized expenditures which 
were incurred in connection with the candidate’s 
campaign but which remain unpaid as of the dead-
line applicable to the candidate under such sub-
section, except that any amount withheld pursuant 
to this paragraph shall be remitted to the Commis-
sion not later than 120 days after the date of the 
election to which such subsection applies. 
‘‘(2) DOCUMENTATION
REQUIRED.—A can-
didate may withhold an amount of an expenditure 
pursuant to paragraph (1) only if the candidate sub-
mits documentation of the expenditure and the 
amount to the Commission not later than the dead-
line applicable to the candidate under subsection (a). 
‘‘Subtitle D—Administrative 
Provisions 
‘‘SEC. 531. ADMINISTRATION BY COMMISSION. 
‘‘The Commission shall prescribe regulations to carry 
out the purposes of this title, including regulations to es-
tablish procedures for— 
‘‘(1) verifying the amount of qualified contribu-
tions with respect to a candidate; 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘(2) effectively and efficiently monitoring and 
enforcing the limits on the raising of qualified con-
tributions; 
‘‘(3) effectively and efficiently monitoring and 
enforcing the limits on the use of personal funds by 
participating candidates; and 
‘‘(4) monitoring the use of payments under this 
title through audits of not fewer than 1⁄3 of all par-
ticipating candidates or other mechanisms. 
‘‘SEC. 532. VIOLATIONS AND PENALTIES. 
‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU-
TION
AND EXPENDITURE REQUIREMENTS.—If a can-
didate who has been certified as a participating candidate 
accepts a contribution or makes an expenditure that is 
prohibited under section 521, the Commission shall assess 
a civil penalty against the candidate in an amount that 
is not more than 3 times the amount of the contribution 
or expenditure. Any amounts collected under this sub-
section shall be deposited into the Empowering Citizens 
Payment Account of the Presidential Election Campaign 
Fund (established under section 9051 of the Internal Rev-
enue Code of 1986). 
‘‘(b) REPAYMENT FOR IMPROPER USE OF EMPOW-
ERING CITIZENS PAYMENT ACCOUNT.— 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘(1) IN GENERAL.—If the Commission deter-
mines that any benefit made available to a partici-
pating candidate was not used as provided for in 
this title or that a participating candidate has vio-
lated any of the dates for remission of funds con-
tained in this title, the Commission shall so notify 
the candidate and the candidate shall pay to the 
Empowering Citizens Payment Account of the Presi-
dential Election Campaign Fund an amount equal 
to— 
‘‘(A) the amount of benefits so used or not 
remitted, as appropriate; and 
‘‘(B) interest on any such amounts (at a 
rate determined by the Commission). 
‘‘(2) OTHER
ACTION
NOT
PRECLUDED.—Any 
action by the Commission in accordance with this 
subsection shall not preclude enforcement pro-
ceedings by the Commission in accordance with sec-
tion 309(a), including a referral by the Commission 
to the Attorney General in the case of an apparent 
knowing and willful violation of this title. 
‘‘SEC. 533. ELECTION CYCLE DEFINED. 
‘‘In this title, the term ‘election cycle’ means, with 
respect to an election for the office of Senator or Rep-
resentative in, or Delegate or Resident Commissioner to, 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
the Congress, the period beginning on the day after the 
date of the most recent general election for that office (or, 
if the general election resulted in a runoff election, the 
date of the runoff election) and ending on the date of the 
next general election for that office (or, if the general elec-
tion resulted in a runoff election, the date of the runoff 
election).’’. 
SEC. 202. PERMITTING UNLIMITED COORDINATED EXPEND-
ITURES BY POLITICAL PARTY COMMITTEES 
ON BEHALF OF PARTICIPATING CANDIDATES 
IF 
EXPENDITURES 
ARE 
DERIVED 
FROM 
SMALL DOLLAR CONTRIBUTIONS. 
Section 315(d) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 441a(d)) is amended by adding at the 
end the following new paragraph: 
‘‘(5) In determining the amount of expenditures 
made by a committee under paragraph (3) in connection 
with the campaign of a candidate who is certified as a 
participating candidate under title V, there shall be ex-
cluded any expenditures which are derived from a separate 
account established by the committee for which the only 
sources of funds are contributions made during the elec-
tion cycle in an amount which does not exceed 50% of 
the amount applicable under subsection (a)(1)(A) to a 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
contribution made during the cycle to a candidate who is 
not certified as a participating candidate under title V.’’. 
SEC. 203. PROHIBITING USE OF CONTRIBUTIONS BY PAR-
TICIPATING 
CANDIDATES 
FOR 
PURPOSES 
OTHER THAN CAMPAIGN FOR ELECTION. 
Section 313 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 439a) is amended by adding at the end 
the following new subsection: 
‘‘(d) RESTRICTIONS ON PERMITTED USES OF FUNDS 
BY CANDIDATES RECEIVING FAIR ELECTIONS FINANC-
ING.—Notwithstanding paragraphs (2), (3), or (4) of sub-
section (a), if a candidate for election for the office of Sen-
ator or Representative in, or Delegate or Resident Com-
missioner to, the Congress is certified as a participating 
candidate under title V with respect to the election, any 
contribution which the candidate is permitted to accept 
under such title may be used only for authorized expendi-
tures in connection with the candidate’s campaign for such 
office.’’. 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
TITLE III—COORDINATED 
CAMPAIGN ACTIVITY 
SEC. 301. CLARIFICATION OF TREATMENT OF COORDI-
NATED EXPENDITURES AS CONTRIBUTIONS 
TO CANDIDATES. 
(a) TREATMENT
AS
CONTRIBUTION
TO
CAN-
DIDATE.—Section 301(8)(A) of the Federal Election Cam-
paign Act of 1971 (2 U.S.C. 431(8)(A)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (i); 
(2) by striking the period at the end of clause 
(ii) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(iii) any payment made by any person 
(other than a candidate, an authorized com-
mittee of a candidate, or a political committee 
of a political party) for a coordinated expendi-
ture (as such term is defined in section 324) 
which is not otherwise treated as a contribution 
under clause (i) or clause (ii).’’. 
(b) DEFINITIONS.—Section 324 of such Act (2 
U.S.C. 441k) is amended to read as follows: 
‘‘SEC. 324. PAYMENTS FOR COORDINATED EXPENDITURES. 
‘‘(a) COORDINATED EXPENDITURES.— 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘(1) IN
GENERAL.—For purposes of section 
301(8)(A)(iii), the term ‘coordinated expenditure’ 
means— 
‘‘(A) any expenditure, including a payment 
for a covered communication described in sub-
section (c), which is made in cooperation, con-
sultation, or concert with, or at the request or 
suggestion of, a candidate, an authorized com-
mittee of a candidate, a political committee of 
a political party, or agents of the candidate or 
committee, as provided in subsection (b); or 
‘‘(B) any payment for any communication 
which republishes, disseminates, or distributes, 
in whole or in part, any broadcast or any writ-
ten, graphic, or other form of campaign mate-
rial prepared by the candidate or committee or 
by agents of the candidate or committee. 
‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN 
COMMUNICATIONS.—A payment for a communication 
(including a covered communication described in 
subsection (c)) shall not be treated as a coordinated 
expenditure under this subsection if— 
‘‘(A) the communication appears in a news 
story, commentary, or editorial distributed 
through the facilities of any broadcasting sta-
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
tion, newspaper, magazine, or other periodical 
publication, unless such facilities are owned or 
controlled by any political party, political com-
mittee, or candidate; or 
‘‘(B) the communication constitutes a can-
didate debate or forum conducted pursuant to 
regulations adopted by the Commission pursu-
ant to section 304(f)(3)(B)(iii), or which solely 
promotes such a debate or forum and is made 
by or on behalf of the person sponsoring the de-
bate or forum. 
‘‘(b) COORDINATION DESCRIBED.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, a payment is made ‘in cooperation, consulta-
tion, or concert with, or at the request or suggestion 
of,’ a candidate, an authorized committee of a can-
didate, a political committee of a political party, or 
agents of the candidate or committee, if the payment 
is not made entirely independently of the candidate, 
committee, or agents, including a payment which is 
made pursuant to any general or particular under-
standing, or more than incidental communication 
with, the candidate, committee, or agents about the 
payment. 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘(2) NO
FINDING
OF
COORDINATION
BASED 
SOLELY ON SHARING OF INFORMATION REGARDING 
LEGISLATIVE OR POLICY POSITION.—For purposes 
of this section, a payment shall not be considered to 
be made by a person in cooperation, consultation, or 
concert with, or at the request or suggestion of, a 
candidate or committee, solely on the grounds that 
the person or the person’s agent engaged in discus-
sions with the candidate or committee, or with 
agents of the candidate or committee, regarding that 
person’s position on a legislative or policy matter 
(including urging the candidate or committee to 
adopt that person’s position), so long as there is no 
discussion between the person and the candidate or 
committee, or agents of the candidate or committee, 
regarding the candidate’s or committee’s campaign 
advertising, message, strategy, policy, polling, alloca-
tion of resources, fundraising, or campaign oper-
ations. 
‘‘(3) NO
EFFECT
ON
PARTY
COORDINATION 
STANDARD.—Nothing in this section shall be con-
strued to affect the determination of coordination 
between a candidate and a political committee of a 
political party for purposes of section 315(d). 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘(c) SPECIAL RULE FOR PAYMENTS BY COORDI-
NATED SPENDERS FOR COVERED COMMUNICATIONS.— 
‘‘(1) PAYMENTS DEEMED TO BE MADE IN CO-
OPERATION, CONSULTATION, OR
CONCERT
WITH, 
CANDIDATES.—For purposes of this section, if the 
person who makes a payment for a covered commu-
nication is a coordinated spender with respect to the 
candidate involved, the person shall be deemed to 
have made the payment in cooperation, consultation, 
or concert with the candidate. 
‘‘(2) COORDINATED SPENDER DEFINED.—For 
purposes of this subsection, the term ‘coordinated 
spender’ means, with respect to a candidate or an 
authorized committee of a candidate, a person (other 
than a political committee of a political party) for 
which any of the following applies: 
‘‘(A) The person is directly or indirectly 
formed or established by or at the request or 
suggestion of, or with the encouragement of, 
the candidate or committee or agents of the 
candidate or committee, including with the ex-
press or tacit approval of the candidate or com-
mittee or agents of the candidate or committee. 
‘‘(B) The candidate or committee or agents 
of the candidate or committee solicit funds or 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
engage in other fundraising activity on the per-
son’s behalf during the election cycle involved, 
including by providing the person with names of 
potential donors or other lists to be used by the 
person in engaging in fundraising activity. 
‘‘(C) The person is established, directed, or 
managed by any person who, during the elec-
tion cycle involved or during the 4-year period 
ending on the first day of the election cycle in-
volved, has been employed or retained as a po-
litical, media, or fundraising adviser or consult-
ant for the candidate or committee or for any 
other entity directly or indirectly controlled by 
the candidate or committee, or has held a posi-
tion with a title for the candidate or committee. 
‘‘(D) During the election cycle involved, 
the person has had more than incidental com-
munications with the candidate or committee or 
agents of the candidate or committee about the 
candidate’s campaign needs or activities, or 
about the person’s possible or actual campaign 
activities with respect to the candidate or com-
mittee. 
‘‘(E) The person has retained the profes-
sional services of any person who, during the 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
same election cycle, has provided or is providing 
professional services relating to the campaign to 
the candidate or committee. For purposes of 
this subparagraph, the term ‘professional serv-
ices’ includes any services in support of the can-
didate’s or committee’s campaign activities, in-
cluding advertising, message, strategy, policy, 
polling, allocation of resources, fundraising, and 
campaign operations, but does not include ac-
counting or legal services. 
‘‘(d) COVERED COMMUNICATION DEFINED.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘covered communication’ means, with 
respect to a candidate or an authorized committee of 
a candidate, a public communication (as defined in 
section 301(22)) which— 
‘‘(A) promotes or supports the candidate, 
or attacks or opposes an opponent of the can-
didate (regardless of whether the communica-
tion expressly advocates the election or defeat 
of a candidate or contains the functional equiv-
alent of express advocacy); or 
‘‘(B) refers to the candidate or an oppo-
nent of the candidate but is not described in 
subparagraph (A), but only if the communica-
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
tion is disseminated during the applicable elec-
tion period. 
‘‘(2) APPLICABLE ELECTION PERIOD.—In para-
graph (1)(B), the ‘applicable election period’ with re-
spect to a communication means— 
‘‘(A) in the case of a communication which 
refers to a candidate for the office of President 
or Vice President, the period which begins on 
the date that is 120 days before the date of the 
first primary election, preference election, or 
nominating convention for nomination for the 
office of President which is held in any State 
and ends with the date of the general election 
for such office; or 
‘‘(B) in the case of a communication which 
refers to a candidate for any other office, which 
begins on the date that is 90 days before the 
primary or preference election, or convention or 
caucus of a political party that has authority to 
nominate a candidate, for the office sought by 
the candidate and ends on the date of the gen-
eral election for such office. 
‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN-
VOLVING
CONGRESSIONAL
CANDIDATES.—For pur-
poses of this subsection, a public communication 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
shall not be considered to be a covered communica-
tion with respect to a candidate for election for an 
office other than the office of President or Vice 
President unless it is publicly disseminated or dis-
tributed in the jurisdiction of the office the can-
didate is seeking. 
‘‘(e) ELECTION CYCLE DEFINED.—In this section, 
the term ‘election cycle’ means, with respect to an election 
for Federal office, the period beginning on the day after 
the date of the most recent general election for that office 
(or, if the general election resulted in a runoff election, 
the date of the runoff election) and ending on the date 
of the next general election for that office (or, if the gen-
eral election resulted in a runoff election, the date of the 
runoff election).’’. 
(c) EFFECTIVE DATE.— 
(1) REPEAL OF EXISTING REGULATIONS ON CO-
ORDINATION.—Effective upon the expiration of the 
90-day period which begins on the date of the enact-
ment of this Act— 
(A) the regulations on coordinated commu-
nications adopted by the Federal Election Com-
mission which are in effect on the date of the 
enactment of this Act (as set forth in 11 CFR 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
Part 109, Subpart C, under the heading ‘‘Co-
ordination’’) are repealed; and 
(B) the Federal Election Commission shall 
promulgate new regulations on coordinated 
communications which reflect the amendments 
made by this Act. 
(2) EFFECTIVE DATE.—The amendments made 
by this section shall apply with respect to payments 
made on or after the expiration of the 120-day pe-
riod which begins on the date of the enactment of 
this Act, without regard to whether or not the Fed-
eral Election Commission has promulgated regula-
tions in accordance with paragraph (1)(B) as of the 
expiration of such period. 
SEC. 302. CLARIFICATION OF BAN ON FUNDRAISING FOR 
SUPER PACS BY FEDERAL CANDIDATES AND 
OFFICEHOLDERS. 
Section 323(e)(1) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 441i(e)(1)) is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(A); 
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘(C) solicit, receive, direct, or transfer 
funds to or on behalf of any political committee 
which accepts donations or contributions that 
do not comply with the limitations, prohibitions, 
and reporting requirements of this Act (or to or 
on behalf of any account of a political com-
mittee which is established for the purpose of 
accepting such donations or contributions), or 
to or on behalf of any political organization 
under section 527 of the Internal Revenue Code 
of 1986 which accepts such donations or con-
tributions (other than a committee of a State or 
local political party or a candidate for election 
for State or local office).’’. 
TITLE 
IV—USE 
OF 
PRESI-
DENTIAL 
ELECTION 
CAM-
PAIGN FUND FOR PUBLIC FI-
NANCING OF FEDERAL ELEC-
TIONS 
SEC. 401. USE OF PRESIDENTIAL ELECTION CAMPAIGN 
FUND FOR CONGRESSIONAL CANDIDATES. 
Subtitle H of the Internal Revenue Code of 1986 is 
amended by adding at the end the following new chapter: 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
‘‘CHAPTER 97—EMPOWERING CITIZENS 
PAYMENT ACCOUNT 
‘‘Sec. 9051. Payments to Congressional candidates. 
‘‘SEC. 9051. PAYMENTS TO CONGRESSIONAL CANDIDATES. 
‘‘(a) ESTABLISHMENT OF ACCOUNT.—The Secretary 
shall maintain in the Presidential Election Campaign 
Fund established by section 9006(a), in addition to any 
account which he maintains under such section, a separate 
account to be known as the Empowering Citizens Payment 
Account. The Secretary shall deposit into such Account 
the amount available after the Secretary determines that 
amounts for payments under section 9006(c) and for pay-
ments under section 9037(b) are available for such pay-
ments. 
‘‘(b) USE OF FUND FOR PAYMENTS TO CONGRES-
SIONAL CANDIDATES PARTICIPATING IN PUBLIC FINANC-
ING PROGRAM.—The Secretary shall transfer amounts in 
the Fund to the Federal Election Commission, at such 
times and in such amounts as the Federal Election Com-
mission may certify, for payments to candidates for elec-
tion to the office of Senator or Representative in, or Dele-
gate or Resident Commissioner to, the Congress who are 
participating candidates under title V of the Federal Elec-
tion Campaign Act of 1971.’’. 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
SEC. 402. REVISIONS TO DESIGNATION OF INCOME TAX 
PAYMENTS BY INDIVIDUAL TAXPAYERS. 
(a) INCREASE IN AMOUNT DESIGNATED.—Section 
6096(a) of the Internal Revenue Code of 1986 is amend-
ed— 
(1) in the first sentence, by striking ‘‘$3’’ each 
place it appears and inserting ‘‘$20’’; and 
(2) in the second sentence— 
(A) by striking ‘‘$6’’ and inserting ‘‘$40’’; 
and 
(B) by striking ‘‘$3’’ and inserting ‘‘$20’’. 
(b) INDEXING.—Section 6096 of such Code is amend-
ed by adding at the end the following new subsection: 
‘‘(d) INDEXING OF AMOUNT DESIGNATED.— 
‘‘(1) IN GENERAL.—With respect to each tax-
able year after 2012, each amount referred to in 
subsection (a) shall be increased by the percent dif-
ference described in paragraph (2), except that if 
any such amount after such an increase is not a 
multiple of $1, such amount shall be rounded to the 
nearest multiple of $1. 
‘‘(2) PERCENT DIFFERENCE DESCRIBED.—The 
percent difference described in this paragraph with 
respect to a taxable year is the percent difference 
determined under section 315(c)(1)(A) of the Fed-
eral Election Campaign Act of 1971 with respect to 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
the calendar year during which the taxable year be-
gins, except that the base year involved shall be 
2011.’’. 
(c) ENSURING TAX PREPARATION SOFTWARE DOES 
NOT PROVIDE AUTOMATIC RESPONSE TO DESIGNATION 
QUESTION.—Section 6096 of such Code, as amended by 
subsection (b), is amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) ENSURING TAX PREPARATION SOFTWARE DOES 
NOT PROVIDE AUTOMATIC RESPONSE TO DESIGNATION 
QUESTION.—The Secretary shall promulgate regulations 
to ensure that electronic software used in the preparation 
or filing of individual income tax returns does not auto-
matically accept or decline a designation of a payment 
under this section.’’. 
(d) PUBLIC INFORMATION PROGRAM ON DESIGNA-
TION.—Section 6096 of such Code, as amended by sub-
sections (b) and (c), is amended by adding at the end the 
following new subsection: 
‘‘(f) PUBLIC INFORMATION PROGRAM.— 
‘‘(1) IN GENERAL.—The Federal Election Com-
mission shall conduct a program to inform and edu-
cate the public regarding the purposes of the Presi-
dential Election Campaign Fund, the procedures for 
the designation of payments under this section, and 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
the effect of such a designation on the income tax 
liability of taxpayers. 
‘‘(2) USE OF FUNDS FOR PROGRAM.—Amounts 
in the Presidential Election Campaign Fund shall be 
made available to the Federal Election Commission 
to carry out the program under this subsection.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall take effect January 1, 2013. 
SEC. 403. DONATION TO PRESIDENTIAL ELECTION CAM-
PAIGN FUND. 
(a) GENERAL RULE.—Every taxpayer who makes a 
return of the tax imposed by subtitle A of the Internal 
Revenue Code of 1986 for any taxable year ending after 
December 31, 2011, may donate an amount (not less than 
$1), in addition to any designation of income tax liability 
under section 6096 of such Code for such taxable year, 
which shall be deposited in the general fund of the Treas-
ury. 
(b) MANNER AND TIME OF DESIGNATION.—Any do-
nation under subsection (a) for any taxable year— 
(1) shall be made at the time of filing the re-
turn of the tax imposed by subtitle A of such Code 
for such taxable year and in such manner as the 
Secretary may by regulation prescribe, except that— 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
(A) the designation for such donation shall 
be either on the first page of the return or on 
the page bearing the taxpayer’s signature, and 
(B) the designation shall be by a box 
added to the return, and the text beside the box 
shall provide: 
‘‘By checking here, I signify that in 
addition to my tax liability (if any), I 
would like to donate the included payment 
to be used exclusively as a contribution to 
the 
Presidential 
Election 
Campaign 
Fund.’’, 
and 
(2) shall be accompanied by a payment of the 
amount so designated. 
(c) TREATMENT OF AMOUNTS DONATED.—For pur-
poses of this title, the amount donated by any taxpayer 
under subsection (a) shall be treated as a contribution 
made by such taxpayer to the United States on the last 
date prescribed for filing the return of tax imposed by sub-
title A of such Code (determined without regard to exten-
sions) or, if later, the date the return is filed. 
(d) TRANSFERS TO PRESIDENTIAL ELECTION CAM-
PAIGN FUND.—The Secretary shall, from time to time, 
transfer to the Presidential Election Campaign Fund es-
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to reports filed under 
section 304 of the Federal Election Campaign Act of 1971 
after January 1, 2013. 
SEC. 504. JUDICIAL REVIEW OF ACTIONS RELATED TO CAM-
PAIGN FINANCE LAWS. 
(a) IN GENERAL.—Title IV of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 451 et seq.) is amended 
by inserting after section 406 the following new section: 
‘‘SEC. 407. JUDICIAL REVIEW. 
‘‘(a) IN GENERAL.—If any action is brought for de-
claratory or injunctive relief to challenge the constitu-
tionality of any provision of this Act or of chapter 95 or 
96 of the Internal Revenue Code of 1986, or is brought 
to with respect to any action of the Commission under 
chapter 95 or 96 of the Internal Revenue Code of 1986, 
the following rules shall apply: 
‘‘(1) The action shall be filed in the United 
States District Court for the District of Columbia 
and an appeal from the decision of the district court 
may be taken to the Court of Appeals for the Dis-
trict of Columbia Circuit. 
‘‘(2) In the case of an action relating to declar-
atory or injunctive relief to challenge the constitu-
tionality of a provision— 
VerDate Mar 15 2010 
05:19 Sep 28, 2012
Jkt 019200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6201
E:\BILLS\H6448.IH
H6448
jbell on DSK7SPTVN1PROD with BILLS