To amend the Federal Election Campaign Act of 1971 to prohibit the solicitation and acceptance of a recurring contribution or donation in a campaign for election for Federal office by any method which does not require the contributor or donor to give affirmative consent to making the contribution or donation on a recurring basis, and for other purposes.
Bill: H.R.3832 | Sponsor: Rep. Levin, Mike (D-CA)
Policy area: Government Operations and Politics

Summary:
This bill places restrictions on recurring political contributions or donations.
Specifically, the bill prohibits any person from soliciting a recurring contribution or donation for a political committee, an independent expenditure, or an electioneering communication by any method that does not require the affirmative consent of the contributor or donor. In addition, the bill prohibits a political committee, a person funding an independent expenditure, or a person funding an electioneering communication from accepting a recurring contribution or donation unless the contributor or donor gave affirmative consent. This affirmative consent cannot be a passive action by the contributor or donor, such as failing to uncheck a prechecked box.
Further, any person who accepts a recurring contribution or donation must (1) provide a receipt for the initial contribution or donation and for each recurrence that clearly and conspicuously discloses all material terms, (2) provide all information needed to cancel the recurring contribution or donation in each communication with the contributor or donor, and (3) immediately cancel recurring contributions or donations upon request of the contributor or donor.

To amend the Federal Election Campaign Act of 1971 to prohibit the 
solicitation and acceptance of a recurring contribution or donation in 
a campaign for election for Federal office by any method which does not 
require the contributor or donor to give affirmative consent to making 
   the contribution or donation on a recurring basis, and for other 
                               purposes.

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

SECTION 1. RESTRICTIONS ON SOLICITATION AND ACCEPTANCE OF RECURRING 
              CONTRIBUTIONS OR DONATIONS IN CAMPAIGNS FOR ELECTION FOR 
              FEDERAL OFFICE.

    (a) Restrictions.--Section 324 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30126) is amended to read as follows:

``SEC. 324. RESTRICTIONS ON SOLICITATION AND ACCEPTANCE OF RECURRING 
              CONTRIBUTIONS OR DONATIONS.

    ``(a) In General.--
            ``(1) Restrictions on solicitation.--A person may not 
        solicit a recurring contribution to a political committee, a 
        recurring contribution to fund an independent expenditure, or a 
        recurring donation to fund an electioneering communication by 
        any method which does not require the contributor or donor to 
        give affirmative consent to making the contribution or donation 
        on a recurring basis.
            ``(2) Restrictions on acceptance.--A political committee 
        may not accept a contribution which was made on a recurring 
        basis, a person funding an independent expenditure may not 
        accept a contribution to fund the expenditure which was made on 
        a recurring basis, and a person funding an electioneering 
        communication may not accept a donation to fund the 
        communication which was made on a recurring basis, unless the 
        contributor or donor gave affirmative consent to making the 
        contribution or donation on a recurring basis.
            ``(3) Treatment of passive actions.--For purposes of 
        paragraphs (1) and (2), a contributor or donor who does not 
        take an affirmative action to make or agree to make a 
        contribution or donation on a recurring basis, including a 
        contributor or donor who engages only in a passive action such 
        as failing to uncheck a pre-checked box authorizing a recurring 
        contribution or donation, shall not be considered to give 
        affirmative consent to making the contribution or donation on a 
        recurring basis.
    ``(b) Responsibilities of Persons Accepting Contributions or 
Donations.--A person accepting a contribution or donation described in 
subsection (a) which is made on a recurring basis shall meet the 
following requirements with respect to each recurrence of the 
contribution or donation:
            ``(1) Upon receiving the initial contribution or donation 
        and each subsequent recurrence of the contribution or donation, 
        the person shall provide the contributor or donor with a 
        receipt that clearly and conspicuously discloses all of the 
        material terms of the contribution or donation, including a 
        statement of the date and amount of the next recurrence of the 
        contribution or donation.
            ``(2) In addition to the information required to be 
        provided under paragraph (1), the person shall include in each 
        communication with the contributor or donor which relates to 
        the contribution or donation all of the information the 
        contributor or donor needs to cancel any subsequent recurrence 
        of the contribution or donation.
            ``(3) Upon request of the contributor or donor, the person 
        shall immediately cancel all subsequent recurrences of the 
        contribution or donation which would otherwise be made after 
        receiving the request.''.
    (b) Effective Date.--The amendments made by this Act shall take 
effect on the earlier of--
            (1) the date on which the Federal Election Commission 
        promulgates regulations to carry out section 324 of the Federal 
        Election Campaign Act of 1971 (as amended by subsection (a)); 
        or
            (2) the expiration of the 180-day period which begins on 
        the date of the enactment of this Act.
                                 <all>