Title: We the People Democracy Reform Act of 2017
Policy area: Government Operations and Politics

Summary:
We the People Democracy Reform Act of 2017
This bill amends various provisions related to elections, including by:

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1880 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1880

  To reform our government, reduce the grip of special interest, and 
return our democracy to the American people by increasing transparency 
    and oversight of our elections and government, reforming public 
 financing for Presidential and Congressional elections, and requiring 
   States to conduct Congressional redistricting through independent 
                  commissions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 27, 2017

    Mr. Udall (for himself, Mr. Merkley, Mr. Durbin, Mr. Leahy, Ms. 
  Baldwin, Mrs. Gillibrand, Ms. Hirono, Mr. King, Ms. Klobuchar, Mr. 
  Markey, Mr. Van Hollen, Mr. Franken, Mr. Wyden, Ms. Warren, and Mr. 
  Whitehouse) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To reform our government, reduce the grip of special interest, and 
return our democracy to the American people by increasing transparency 
    and oversight of our elections and government, reforming public 
 financing for Presidential and Congressional elections, and requiring 
   States to conduct Congressional redistricting through independent 
                  commissions, 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. SHORT TITLE; ETC.

    (a) In General.--This Act may be cited as the ``We the People 
Democracy Reform Act of 2017''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; etc.
 TITLE I--INCREASING TRANSPARENCY, REMOVING CONFLICTS OF INTEREST, AND 
                         RESTORING ENFORCEMENT

        Subtitle A--Campaign Disclosure and Transparency Reform

                           Part I--Disclosure

          subpart a--regulation of certain political spending

Sec. 1001. Short title.
Sec. 1002. Application of ban on contributions and expenditures by 
                            foreign nationals to domestic corporations 
                            that are foreign-controlled, foreign-
                            influenced, and foreign-owned.
Sec. 1003. Clarification of application of foreign money ban to certain 
                            disbursements and activities.
               subpart b--campaign disbursement reporting

Sec. 1011. Campaign disbursement reporting.
Sec. 1012. Effective date.
               Part II--Candidate-Super PAC Coordination

Sec. 1021. Short title.
Sec. 1022. Clarification of treatment of coordinated expenditures as 
                            contributions to candidates.
Sec. 1023. Clarification of ban on fundraising for Super PACs by 
                            Federal candidates and officeholders.
                    Part III--Real-Time Transparency

Sec. 1031. Short title.
Sec. 1032. 48-hour notification required for all political committees 
                            receiving cumulative contributions of 
                            $1,000 or more during a year from any 
                            contributor.
Sec. 1033. Filing by Senate candidates with Federal Election 
                            Commission.
                       Part IV--Stand By Your Ad

Sec. 1041. Stand By Your Ad.
                 Part V--Other Campaign Finance Reforms

Sec. 1051. Regulations with respect to best efforts for identifying 
                            persons making contributions.
Sec. 1052. Rules relating to joint fundraising committees.
Sec. 1053. Disclosure of bundled contributions to Presidential 
                            campaigns; increase in threshold for 
                            bundled contributions by lobbyists.
Sec. 1054. Judicial review of actions related to campaign finance laws.
Sec. 1055. Treatment of internet communications made by political 
                            committees as public communications.
Sec. 1056. Application of limitations on contributions to political 
                            committees.
      Subtitle B--Establishment of Federal Election Administration

Sec. 1101. Short title.
                Part I--Federal Election Administration

Sec. 1111. Establishment of the Federal Election Administration.
Sec. 1112. Executive Schedule positions.
Sec. 1113. GAO examination of enforcement of campaign finance laws by 
                            the Department of Justice.
Sec. 1114. GAO study and report on appropriate funding levels.
Sec. 1115. Conforming amendments.
                     Part II--Transition Provisions

Sec. 1121. Transfer of functions of Federal Election Commission.
Sec. 1122. Transfer of property, records, and personnel.
Sec. 1123. Repeals.
Sec. 1124. Conforming amendments.
Sec. 1125. Treatment of certain regulations.
Sec. 1126. Effective date.
                      Subtitle C--Lobbying Reform

Sec. 1201. Lobbyist registration reforms.
                   Subtitle D--Revolving Door Reform

Sec. 1301. Short title.
Sec. 1302. Restrictions on private sector payment for Government 
                            service.
Sec. 1303. Requirements relating to slowing the revolving door among 
                            financial services regulators.
Sec. 1304. Prohibition of procurement officers accepting employment 
                            from Government contractors.
Sec. 1305. Revolving door restrictions on financial services regulators 
                            moving into the private sector.
Sec. 1306. Restrictions on Federal examiners and supervisors of 
                            financial institutions.
              Subtitle E--Addressing Conflicts of Interest

Sec. 1401. Short title.
Sec. 1402. Divestiture of personal financial interests of the President 
                            and Vice President that pose a potential 
                            conflict of interest.
Sec. 1403. Recusal of appointees.
Sec. 1404. Contracts by the President or Vice President.
Sec. 1405. Presidential Tax Transparency.
Sec. 1406. Sense of Congress regarding violations.
Sec. 1407. Rule of construction.
               Subtitle F--Public Access to Visitor Logs

Sec. 1501. Short title.
Sec. 1502. Findings.
Sec. 1503. Improving access to influential visitor access records.
  Subtitle G--Requiring Individuals Nominated or Appointed to Certain 
          Positions To Disclose Certain Types of Contributions

Sec. 1601. Short title.
Sec. 1602. Findings.
Sec. 1603. Disclosure of certain types of contributions.
                       TITLE II--PUBLIC FINANCING

         Subtitle A--Reforming Presidential Election Financing

                       Part I--Primary Elections

Sec. 2001. Increase in and modifications to matching payments.
Sec. 2002. Eligibility requirements for matching payments.
Sec. 2003. Repeal of expenditure limitations.
Sec. 2004. Period of availability of matching payments.
Sec. 2005. Examination and audits of matchable contributions.
Sec. 2006. Modification to limitation on contributions for Presidential 
                            primary candidates.
                       Part II--General Elections

Sec. 2011. Modification of eligibility requirements for public 
                            financing.
Sec. 2012. Repeal of expenditure limitations and use of qualified 
                            campaign contributions.
Sec. 2013. Matching payments and other modifications to payment 
                            amounts.
Sec. 2014. Increase in limit on coordinated party expenditures.
Sec. 2015. Establishment of uniform date for release of payments.
Sec. 2016. Amounts in Presidential Election Campaign Fund.
Sec. 2017. Use of general election payments for general election legal 
                            and accounting compliance.
            Subtitle B--Reforming Senate Election Financing

     Part I--Fair Elections Financing of Senate Election Campaigns

              subpart a--fair elections financing program

Sec. 2101. Findings and declarations.
Sec. 2102. Eligibility requirements and benefits of Fair Elections 
                            financing of Senate election campaigns.
Sec. 2103. Exception to limitation on coordinated expenditures by 
                            political party committees with 
                            participating candidates.
                 subpart b--improving voter information

Sec. 2111. Broadcasts relating to all Senate candidates.
Sec. 2112. Broadcast rates for participating candidates.
Sec. 2113. FCC to prescribe standardized form for reporting candidate 
                            campaign ads.
      Part II--Responsibilities of the Federal Election Commission

Sec. 2121. Petition for certiorari.
Sec. 2122. Electronic filing of FEC reports.
            Part III--Participation in Funding of Elections

Sec. 2131. Refundable tax credit for Senate campaign contributions.
                      Part IV--Revenue Provisions

Sec. 2141. Fair Elections Fund revenue.
                         Part V--Effective Date

Sec. 2151. Effective date.
                        TITLE III--REDISTRICTING

Sec. 3001. Short title.
Sec. 3002. Finding of Constitutional authority.
        Subtitle A--Requirements for Congressional Redistricting

Sec. 3101. Limit on Congressional redistricting after an apportionment.
Sec. 3102. Requiring Congressional redistricting to be conducted 
                            through plan of independent State 
                            commission.
           Subtitle B--Independent Redistricting Commissions

Sec. 3201. Independent redistricting commission.
Sec. 3202. Establishment of selection pool of individuals eligible to 
                            serve as members of commission.
Sec. 3203. Criteria for redistricting plan by independent commission; 
                            public notice and input.
Sec. 3204. Establishment of related entities.
    Subtitle C--Role of Courts in Development of Redistricting Plans

Sec. 3301. Enactment of plan developed by 3-judge court.
Sec. 3302. Special rule for redistricting conducted under order of 
                            Federal court.
        Subtitle D--Administrative and Miscellaneous Provisions

Sec. 3401. Payments to States for carrying out redistricting.
Sec. 3402. Civil enforcement.
Sec. 3403. State apportionment notice defined.
Sec. 3404. No effect on elections for State and local office.
Sec. 3405. Effective date.
                      TITLE IV--VOTER REGISTRATION

                Subtitle A--Automatic Voter Registration

Sec. 4001. Short title; findings and purpose.
Sec. 4002. Automatic registration of eligible individuals.
Sec. 4003. Contributing agency assistance in registration.
Sec. 4004. One-time contributing agency assistance in registration of 
                            eligible voters in existing records.
Sec. 4005. Voter protection and security in automatic registration.
Sec. 4006. Registration portability and correction.
Sec. 4007. Online registration.
Sec. 4008. Payments and grants.
Sec. 4009. Miscellaneous provisions.
Sec. 4010. Definitions.
Sec. 4011. Effective date.
                   Subtitle B--Same Day Registration

Sec. 4101. Short title.
Sec. 4102. Same day registration.
                        Subtitle C--Vote by Mail

Sec. 4201. Promoting ability of voters to vote by mail in Federal 
                            elections.
                         TITLE V--SEVERABILITY

Sec. 5001. Severability.

 TITLE I--INCREASING TRANSPARENCY, REMOVING CONFLICTS OF INTEREST, AND 
                         RESTORING ENFORCEMENT

        Subtitle A--Campaign Disclosure and Transparency Reform

                           PART I--DISCLOSURE

          Subpart A--Regulation of Certain Political Spending

SEC. 1001. SHORT TITLE.

    This part may be cited as the ``Democracy Is Strengthened by 
Casting Light On Spending in Elections Act of 2017'' or the ``DISCLOSE 
Act of 2017''.

SEC. 1002. APPLICATION OF BAN ON CONTRIBUTIONS AND EXPENDITURES BY 
              FOREIGN NATIONALS TO DOMESTIC CORPORATIONS THAT ARE 
              FOREIGN-CONTROLLED, FOREIGN-INFLUENCED, AND FOREIGN-
              OWNED.

    (a) Application of Ban.--Section 319(b) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30121(b)) is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) any corporation which is not a foreign national 
        described in paragraph (1) and--
                    ``(A) in which a foreign national described in 
                paragraph (1) or (2) directly or indirectly owns or 
                controls--
                            ``(i) 5 percent or more of the voting 
                        shares, if the foreign national is a foreign 
                        country, a foreign government official, or a 
                        corporation principally owned or controlled by 
                        a foreign country or foreign government 
                        official; or
                            ``(ii) 20 percent or more of the voting 
                        shares, if the foreign national is not 
                        described in clause (i);
                    ``(B) in which two or more foreign nationals 
                described in paragraph (1) or (2), each of whom owns or 
                controls at least 5 percent of the voting shares, 
                directly or indirectly own or control 50 percent or 
                more of the voting shares;
                    ``(C) over which one or more foreign nationals 
                described in paragraph (1) or (2) has the power to 
                direct, dictate, or control the decisionmaking process 
                of the corporation with respect to its interests in the 
                United States; or
                    ``(D) over which one or more foreign nationals 
                described in paragraph (1) or (2) has the power to 
                direct, dictate, or control the decisionmaking process 
                of the corporation with respect to activities in 
                connection with a Federal, State, or local election, 
                including--
                            ``(i) the making of a contribution, 
                        donation, expenditure, independent expenditure, 
                        or disbursement for an electioneering 
                        communication (within the meaning of section 
                        304(f)(3)); or
                            ``(ii) the administration of a political 
                        committee established or maintained by the 
                        corporation.''.
    (b) Certification of Compliance.--Section 319 of such Act (52 
U.S.C. 30121) is amended by adding at the end the following new 
subsection:
    ``(c) Certification of Compliance Required Prior to Carrying Out 
Activity.--Prior to the making in connection with an election for 
Federal office of any contribution, donation, expenditure, independent 
expenditure, or disbursement for an electioneering communication by a 
corporation during a year, the chief executive officer of the 
corporation (or, if the corporation does not have a chief executive 
officer, the highest ranking official of the corporation), shall file a 
certification with the Commission, under penalty of perjury, that the 
corporation is not prohibited from carrying out such activity under 
subsection (b)(3), unless the chief executive officer has previously 
filed such a certification during that calendar year.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect upon the expiration of the 180-day period which begins on the 
date of the enactment of this Act, and shall take effect without regard 
to whether or not the Federal Election Commission has promulgated 
regulations to carry out such amendments.

SEC. 1003. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN 
              DISBURSEMENTS AND ACTIVITIES.

    (a) Application to Disbursements to Super PACs.--Section 
319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121(a)(1)(A)) is amended by striking the semicolon and inserting the 
following: ``, including any disbursement to a political committee 
which accepts donations or contributions that do not comply with the 
limitations, prohibitions, and reporting requirements of this Act (or 
any disbursement to or on behalf of any account of a political 
committee which is established for the purpose of accepting such 
donations or contributions);''.
    (b) Conditions Under Which Corporate PACs May Make Contributions 
and Expenditures.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is 
amended by adding at the end the following new paragraph:
    ``(8) A separate segregated fund established by a corporation may 
not make a contribution or expenditure during a year unless the fund 
has certified to the Commission the following during the year:
            ``(A) Each individual who manages the fund, and who is 
        responsible for exercising decisionmaking authority for the 
        fund, is a citizen of the United States or is lawfully admitted 
        for permanent residence in the United States.
            ``(B) No foreign national under section 319 participates in 
        any way in the decisionmaking processes of the fund with regard 
        to contributions or expenditures under this Act.
            ``(C) The fund does not solicit or accept recommendations 
        from any foreign national under section 319 with respect to the 
        contributions or expenditures made by the fund.
            ``(D) Any member of the board of directors of the 
        corporation who is a foreign national under section 319 
        abstains from voting on matters concerning the fund or its 
        activities.''.

               Subpart B--Campaign Disbursement Reporting

SEC. 1011. CAMPAIGN DISBURSEMENT REPORTING.

    (a) Information Required To Be Reported.--
            (1) Treatment of functional equivalent of express advocacy 
        as independent expenditure.--Subparagraph (A) of section 
        301(17) of the Federal Election Campaign Act of 1971 (52 U.S.C. 
        30101(17)) is amended to read as follows:
                    ``(A) that expressly advocates the election or 
                defeat of a clearly identified candidate, or is the 
                functional equivalent of express advocacy because, when 
                taken as a whole, it can be interpreted by a reasonable 
                person only as advocating the election or defeat of a 
                candidate, taking into account whether the 
                communication involved mentions a candidacy, a 
                political party, or a challenger to a candidate, or 
                takes a position on a candidate's character, 
                qualifications, or fitness for office; and''.
            (2) Expansion of period during which communications are 
        treated as electioneering communications.--Section 
        304(f)(3)(A)(i) of such Act (52 U.S.C. 30104(f)(3)(A)(i)) is 
        amended--
                    (A) by redesignating subclause (III) as subclause 
                (IV); and
                    (B) by striking subclause (II) and inserting the 
                following:
                                    ``(II) in the case of a 
                                communication which refers to a 
                                candidate for an office other than the 
                                President or Vice President, is made 
                                during the period beginning on January 
                                1 of the calendar year in which a 
                                general or runoff election is held and 
                                ending on the date of the general or 
                                runoff election (or in the case of a 
                                special election, during the period 
                                beginning on the date on which the 
                                announcement with respect to such 
                                election is made and ending on the date 
                                of the special election);
                                    ``(III) in the case of a 
                                communication which refers to a 
                                candidate for the office of President 
                                or Vice President, is made in any State 
                                during the period beginning 120 days 
                                before the first primary election, 
                                caucus, or preference election held for 
                                the selection of delegates to a 
                                national nominating convention of a 
                                political party is held in any State 
                                (or, if no such election or caucus is 
                                held in any State, the first convention 
                                or caucus of a political party which 
                                has the authority to nominate a 
                                candidate for the office of President 
                                or Vice President) and ending on the 
                                date of the general election; and''.
            (3) Effective date; transition for electioneering 
        communications made prior to enactment.--The amendment made by 
        paragraph (2) shall apply with respect to communications made 
        on or after January 1, 2018, except that no communication which 
        is made prior to such date shall be treated as an 
        electioneering communication under subclause (II) or (III) of 
        section 304(f)(3)(A)(i) of the Federal Election Campaign Act of 
        1971 (as amended by paragraph (2)) unless the communication 
        would be treated as an electioneering communication under such 
        section if the amendment made by paragraph (2) did not apply.
    (b) Disclosure Requirements for Corporations, Labor Organizations, 
and Certain Other Entities.--
            (1) In general.--Section 324 of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as 
        follows:

``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED 
              ORGANIZATIONS.

    ``(a) Disclosure Statement.--
            ``(1) In general.--Any covered organization that makes 
        campaign-related disbursements aggregating more than $10,000 in 
        an election reporting cycle shall, not later than 24 hours 
        after each disclosure date, file a statement with the 
        Commission made under penalty of perjury that contains the 
        information described in paragraph (2)--
                    ``(A) in the case of the first statement filed 
                under this subsection, for the period beginning on the 
                first day of the election reporting cycle and ending on 
                the first such disclosure date; and
                    ``(B) in the case of any subsequent statement filed 
                under this subsection, for the period beginning on the 
                previous disclosure date and ending on such disclosure 
                date.
            ``(2) Information described.--The information described in 
        this paragraph is as follows:
                    ``(A) The name of the covered organization and the 
                principal place of business of such organization and, 
                in the case of a covered organization that is a 
                corporation (other than a business concern that is an 
                issuer of a class of securities registered under 
                section 12 of the Securities Exchange Act of 1934 (15 
                U.S.C. 78l) or that is required to file reports under 
                section 15(d) of that Act (15 U.S.C. 78o(d))) or an 
                entity described in subsection (e)(2), a list of the 
                beneficial owners (as defined in paragraph (4)(A)) of 
                the entity that--
                            ``(i) identifies each beneficial owner by 
                        name and current residential or business street 
                        address; and
                            ``(ii) if any beneficial owner exercises 
                        control over the entity through another legal 
                        entity, such as a corporation, partnership, 
                        limited liability company, or trust, identifies 
                        each such other legal entity and each such 
                        beneficial owner who will use that other entity 
                        to exercise control over the entity.
                    ``(B) The amount of each campaign-related 
                disbursement made by such organization during the 
                period covered by the statement of more than $1,000, 
                and the name and address of the person to whom the 
                disbursement was made.
                    ``(C) In the case of a campaign-related 
                disbursement that is not a covered transfer, the 
                election to which the campaign-related disbursement 
                pertains and if the disbursement is made for a public 
                communication, the name of any candidate identified in 
                such communication and whether such communication is in 
                support of or in opposition to a candidate.
                    ``(D) A certification by the chief executive 
                officer or person who is the head of the covered 
                organization that the campaign-related disbursement is 
                not made in cooperation, consultation, or concert with 
                or at the request or suggestion of a candidate, 
                authorized committee, or agent of a candidate, 
                political party, or agent of a political party.
                    ``(E) If the covered organization makes campaign-
                related disbursements using exclusively funds in a 
                segregated bank account consisting of funds that were 
                paid directly to such account by persons other than the 
                covered organization that controls the account, for 
                each such payment to the account--
                            ``(i) the name and address of each person 
                        who made such payment during the period covered 
                        by the statement;
                            ``(ii) the date and amount of such payment; 
                        and
                            ``(iii) the aggregate amount of all such 
                        payments made by the person during the period 
                        beginning on the first day of the election 
                        reporting cycle and ending on the disclosure 
                        date,
                but only if such payment was made by a person who made 
                payments to the account in an aggregate amount of 
                $10,000 or more during the period beginning on the 
                first day of the election reporting cycle and ending on 
                the disclosure date.
                    ``(F) If the covered organization makes campaign-
                related disbursements using funds other than funds in a 
                segregated bank account described in subparagraph (E), 
                for each payment to the covered organization--
                            ``(i) the name and address of each person 
                        who made such payment during the period covered 
                        by the statement;
                            ``(ii) the date and amount of such payment; 
                        and
                            ``(iii) the aggregate amount of all such 
                        payments made by the person during the period 
                        beginning on the first day of the election 
                        reporting cycle and ending on the disclosure 
                        date,
                but only if such payment was made by a person who made 
                payments to the covered organization in an aggregate 
                amount of $10,000 or more during the period beginning 
                on the first day of the election reporting cycle and 
                ending on the disclosure date.
                    ``(G) Such other information as required in rules 
                established by the Commission to promote the purposes 
                of this section.
            ``(3) Exceptions.--
                    ``(A) Amounts received in ordinary course of 
                business.--The requirement to include in a statement 
                filed under paragraph (1) the information described in 
                paragraph (2) shall not apply to amounts received by 
                the covered organization in commercial transactions in 
                the ordinary course of any trade or business conducted 
                by the covered organization or in the form of 
                investments (other than investments by the principal 
                shareholder in a limited liability corporation) in the 
                covered organization.
                    ``(B) Donor restriction on use of funds.--The 
                requirement to include in a statement submitted under 
                paragraph (1) the information described in subparagraph 
                (F) of paragraph (2) shall not apply if--
                            ``(i) the person described in such 
                        subparagraph prohibited, in writing, the use of 
                        the payment made by such person for campaign-
                        related disbursements; and
                            ``(ii) the covered organization agreed to 
                        follow the prohibition and deposited the 
                        payment in an account which is segregated from 
                        any account used to make campaign-related 
                        disbursements.
                    ``(C) Amounts received from affiliates.--The 
                requirement to include in a statement submitted under 
                paragraph (1) the information described in subparagraph 
                (F) of paragraph (2) shall not apply to any amount 
                which is described in subsection (f)(3)(A)(i).
            ``(4) Other definitions.--For purposes of this section:
                    ``(A) Beneficial owner defined.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term `beneficial owner' means, 
                        with respect to any entity, a natural person 
                        who, directly or indirectly--
                                    ``(I) exercises substantial control 
                                over an entity through ownership, 
                                voting rights, agreement, or otherwise; 
                                or
                                    ``(II) has a substantial interest 
                                in or receives substantial economic 
                                benefits from the assets of an entity.
                            ``(ii) Exceptions.--The term `beneficial 
                        owner' shall not include--
                                    ``(I) a minor child;
                                    ``(II) a person acting as a 
                                nominee, intermediary, custodian, or 
                                agent on behalf of another person;
                                    ``(III) a person acting solely as 
                                an employee of an entity and whose 
                                control over or economic benefits from 
                                the entity derives solely from the 
                                employment status of the person;
                                    ``(IV) a person whose only interest 
                                in an entity is through a right of 
                                inheritance, unless the person also 
                                meets the requirements of clause (i); 
                                or
                                    ``(V) a creditor of an entity, 
                                unless the creditor also meets the 
                                requirements of clause (i).
                            ``(iii) Anti-abuse rule.--The exceptions 
                        under clause (ii) shall not apply if used for 
                        the purpose of evading, circumventing, or 
                        abusing the provisions of clause (i) or 
                        paragraph (2)(A).
                    ``(B) Disclosure date.--The term `disclosure date' 
                means--
                            ``(i) the first date during any election 
                        reporting cycle by which a person has made 
                        campaign-related disbursements aggregating more 
                        than $10,000; and
                            ``(ii) any other date during such election 
                        reporting cycle by which a person has made 
                        campaign-related disbursements aggregating more 
                        than $10,000 since the most recent disclosure 
                        date for such election reporting cycle.
                    ``(C) Election reporting cycle.--The term `election 
                reporting cycle' means the 2-year period beginning on 
                the date of the most recent general election for 
                Federal office.
                    ``(D) Payment.--The term `payment' includes any 
                contribution, donation, transfer, payment of dues, or 
                other payment.
    ``(b) Coordination With Other Provisions.--
            ``(1) Other reports filed with the commission.--Information 
        included in a statement filed under this section may be 
        excluded from statements and reports filed under section 304.
            ``(2) Treatment as separate segregated fund.--A segregated 
        bank account referred to in subsection (a)(2)(E) may be treated 
        as a separate segregated fund for purposes of section 527(f)(3) 
        of the Internal Revenue Code of 1986.
    ``(c) Filing.--Statements required to be filed under subsection (a) 
shall be subject to the requirements of section 304(d) to the same 
extent and in the same manner as if such reports had been required 
under subsection (c) or (g) of section 304.
    ``(d) Campaign-Related Disbursement Defined.--
            ``(1) In general.--In this section, the term `campaign-
        related disbursement' means a disbursement by a covered 
        organization for any of the following:
                    ``(A) An independent expenditure consisting of a 
                public communication.
                    ``(B) An electioneering communication, as defined 
                in section 304(f)(3).
                    ``(C) A covered transfer.
            ``(2) Intent not required.--A disbursement for an item 
        described in subparagraph (A), (B), or (C) of paragraph (1) 
        shall be treated as a campaign-related disbursement regardless 
        of the intent of the person making the disbursement.
    ``(e) Covered Organization Defined.--In this section, the term 
`covered organization' means any of the following:
            ``(1) A corporation (other than an organization described 
        in section 501(c)(3) of the Internal Revenue Code of 1986).
            ``(2) A limited liability corporation that is not otherwise 
        treated as a corporation for purposes of this Act (other than 
        an organization described in section 501(c)(3) of the Internal 
        Revenue Code of 1986).
            ``(3) An organization described in section 501(c) of such 
        Code and exempt from taxation under section 501(a) of such Code 
        (other than an organization described in section 501(c)(3) of 
        such Code).
            ``(4) A labor organization (as defined in section 316(b)).
            ``(5) Any political organization under section 527 of the 
        Internal Revenue Code of 1986, other than a political committee 
        under this Act (except as provided in paragraph (6)).
            ``(6) A political committee with an account that accepts 
        donations or contributions that do not comply with the 
        contribution limits or source prohibitions under this Act, but 
        only with respect to such accounts.
    ``(f) Covered Transfer Defined.--
            ``(1) In general.--In this section, the term `covered 
        transfer' means any transfer or payment of funds by a covered 
        organization to another person if the covered organization--
                    ``(A) designates, requests, or suggests that the 
                amounts be used for--
                            ``(i) campaign-related disbursements (other 
                        than covered transfers); or
                            ``(ii) making a transfer to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(B) made such transfer or payment in response to 
                a solicitation or other request for a donation or 
                payment for--
                            ``(i) the making of or paying for campaign-
                        related disbursements (other than covered 
                        transfers); or
                            ``(ii) making a transfer to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(C) engaged in discussions with the recipient of 
                the transfer or payment regarding--
                            ``(i) the making of or paying for campaign-
                        related disbursements (other than covered 
                        transfers); or
                            ``(ii) donating or transferring any amount 
                        of such transfer or payment to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(D) made campaign-related disbursements (other 
                than a covered transfer) in an aggregate amount of 
                $50,000 or more during the 2-year period ending on the 
                date of the transfer or payment, or knew or had reason 
                to know that the person receiving the transfer or 
                payment made such disbursements in such an aggregate 
                amount during that 2-year period; or
                    ``(E) knew or had reason to know that the person 
                receiving the transfer or payment would make campaign-
                related disbursements in an aggregate amount of $50,000 
                or more during the 2-year period beginning on the date 
                of the transfer or payment.
            ``(2) Exclusions.--The term `covered transfer' does not 
        include any of the following:
                    ``(A) A disbursement made by a covered organization 
                in a commercial transaction in the ordinary course of 
                any trade or business conducted by the covered 
                organization or in the form of investments made by the 
                covered organization.
                    ``(B) A disbursement made by a covered organization 
                if--
                            ``(i) the covered organization prohibited, 
                        in writing, the use of such disbursement for 
                        campaign-related disbursements; and
                            ``(ii) the recipient of the disbursement 
                        agreed to follow the prohibition and deposited 
                        the disbursement in an account which is 
                        segregated from any account used to make 
                        campaign-related disbursements.
            ``(3) Exception for certain transfers among affiliates.--
                    ``(A) Exception for certain transfers among 
                affiliates.--
                            ``(i) In general.--The term `covered 
                        transfer' does not include an amount 
                        transferred by one covered organization to 
                        another covered organization if such transfer--
                                    ``(I) is not made directly into a 
                                separate segregated bank account 
                                described in subsection (a)(2)(E); and
                                    ``(II) is treated as a transfer 
                                between affiliates under subparagraph 
                                (B).
                            ``(ii) Special rule.--If the aggregate 
                        amount of transfers described in clause (i) 
                        exceeds $50,000 in any election reporting 
                        cycle--
                                    ``(I) the covered organization 
                                which makes such transfers shall 
                                provide to the covered organization 
                                receiving such transfers the 
                                information required under subsection 
                                (a)(2)(F) (applied by substituting `the 
                                period beginning on the first day of 
                                the election reporting cycle and ending 
                                on the date of the most recent transfer 
                                described in subsection (f)(3)(A)(i)' 
                                for `the period covered by the 
                                statement' in clause (i) thereof); and
                                    ``(II) the covered organization 
                                receiving such transfers shall report 
                                the information described in subclause 
                                (I) on any statement filed under 
                                subsection (a)(1) as if any 
                                contribution, donation, or transfer to 
                                which such information relates was made 
                                directly to the covered organization 
                                receiving the transfer.
                    ``(B) Description of transfers between 
                affiliates.--A transfer of amounts from one covered 
                organization to another covered organization shall be 
                treated as a transfer between affiliates if--
                            ``(i) one of the organizations is an 
                        affiliate of the other organization; or
                            ``(ii) each of the organizations is an 
                        affiliate of the same organization,
                except that the transfer shall not be treated as a 
                transfer between affiliates if one of the organizations 
                is established for the purpose of making campaign-
                related disbursements.
                    ``(C) Determination of affiliate status.--For 
                purposes of this paragraph, the following organizations 
                shall be considered to be affiliated with each other:
                            ``(i) A membership organization, including 
                        a trade or professional association, and the 
                        related State and local entities of that 
                        organization.
                            ``(ii) A national or international labor 
                        organization and its State or local unions, or 
                        an organization of national or international 
                        unions and its State and local entities.
                            ``(iii) A corporation and its wholly owned 
                        subsidiaries.
                    ``(D) Coverage of transfers to affiliated section 
                501(c)(3) organizations.--This paragraph shall apply 
                with respect to an amount transferred by a covered 
                organization to an organization described in paragraph 
                (3) of section 501(c) of the Internal Revenue Code of 
                1986 and exempt from tax under section 501(a) of such 
                Code in the same manner as this paragraph applies to an 
                amount transferred by a covered organization to another 
                covered organization.''.
            (2) Conforming amendment.--Section 304(f)(6) of such Act 
        (52 U.S.C. 30104) is amended by striking ``Any requirement'' 
        and inserting ``Except as provided in section 324(b), any 
        requirement''.
            (3) Coordination with fincen.--
                    (A) In general.--The Director of the Financial 
                Crimes Enforcement Network of the Department of the 
                Treasury shall provide the Federal Election Commission 
                with such information as necessary to assist in 
                administering and enforcing section 324 of the Federal 
                Election Campaign Act of 1971, as added by this 
                subsection.
                    (B) Report.--Not later than 6 months after the date 
                of the enactment of this Act, the Chairman of the 
                Federal Election Commission, in consultation with the 
                Director of the Financial Crimes Enforcement Network of 
                the Department of the Treasury, shall submit to 
                Congress a report with recommendations for providing 
                further legislative authority to assist in the 
                administration and enforcement of such section 324.

SEC. 1012. EFFECTIVE DATE.

    Except as provided in section 1011(a)(3), the amendments made by 
this title shall apply with respect to disbursements made on or after 
January 1, 2018, and shall take effect without regard to whether or not 
the Federal Election Commission has promulgated regulations to carry 
out such amendments.

               PART II--CANDIDATE-SUPER PAC COORDINATION

SEC. 1021. SHORT TITLE.

    This part may be cited as the ``Stop Super PAC-Candidate 
Coordination Act''.

SEC. 1022. CLARIFICATION OF TREATMENT OF COORDINATED EXPENDITURES AS 
              CONTRIBUTIONS TO CANDIDATES.

    (a) Treatment as Contribution to Candidate.--Section 301(8)(A) of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(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 committee of a candidate, or 
                a political committee of a political party) for a 
                coordinated expenditure (as such term is defined in 
                section 325) which is not otherwise treated as a 
                contribution under clause (i) or clause (ii).''.
    (b) Definitions.--Title III of such Act (52 U.S.C. 30101 et seq.), 
as amended by this Act, is amended to by adding at the end the 
following new section:

``SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES.

    ``(a) Coordinated Expenditures.--
            ``(1) In general.--For purposes of section 301(8)(A)(iii), 
        the term `coordinated expenditure' means--
                    ``(A) any expenditure, or any payment for a covered 
                communication described in subsection (d), which is 
                made in cooperation, consultation, or concert with, or 
                at the request or suggestion of, a candidate, an 
                authorized committee of a candidate, a political 
                committee of a political party, or agents of the 
                candidate or committee, as defined in subsection (b); 
                or
                    ``(B) any payment for any communication which 
                republishes, disseminates, or distributes, in whole or 
                in part, any video or broadcast or any written, 
                graphic, or other form of campaign material prepared by 
                the candidate or committee or by agents of the 
                candidate or committee (including any excerpt or use of 
                any video from any such broadcast or written, graphic, 
                or other form of campaign material).
            ``(2) Exception for payments for certain communications.--A 
        payment for a communication (including a covered communication 
        described in subsection (d)) 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 station, newspaper, 
                magazine, or other periodical publication, unless such 
                facilities are owned or controlled by any political 
                party, political committee, or candidate; or
                    ``(B) the communication constitutes a candidate 
                debate or forum conducted pursuant to regulations 
                adopted by the Commission pursuant 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 debate or forum.
    ``(b) Coordination Described.--
            ``(1) In general.--For purposes of this section, a payment 
        is made `in cooperation, consultation, or concert with, or at 
        the request or suggestion of,' a candidate, an authorized 
        committee of a candidate, a political committee of a political 
        party, or agents of the candidate or committee, if the payment, 
        or any communication for which the payment is made, is not made 
        entirely independently of the candidate, committee, or agents. 
        For purposes of the previous sentence, a payment or 
        communication not made entirely independently of the candidate 
        or committee includes any payment or communication made 
        pursuant to any general or particular understanding with, or 
        pursuant to any communication with, the candidate, committee, 
        or agents about the payment or communication.
            ``(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 discussions with the candidate or 
        committee, or with any agent 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 communication 
        between the person and the candidate or committee, or any agent 
        of the candidate or committee, regarding the candidate's or 
        committee's campaign advertising, message, strategy, policy, 
        polling, allocation of resources, fundraising, or other 
        campaign activities.
            ``(3) No effect on party coordination standard.--Nothing in 
        this section shall be construed to affect the determination of 
        coordination between a candidate and a political committee of a 
        political party for purposes of section 315(d).
            ``(4) No safe harbor for use of firewall.--A person shall 
        be determined to have made a payment in cooperation, 
        consultation, or concert with, or at the request or suggestion 
        of, a candidate or committee, in accordance with this section 
        without regard to whether or not the person established and 
        used a firewall or similar procedures to restrict the sharing 
        of information between individuals who are employed by or who 
        are serving as agents for the person making the payment.
    ``(c) Payments by Coordinated Spenders for Covered 
Communications.--
            ``(1) Payments made in cooperation, consultation, or 
        concert with candidates.--For purposes of subsection (a)(1)(A), 
        if the person who makes a payment for a covered communication, 
        as defined in subsection (d), is a coordinated spender under 
        paragraph (2) with respect to the candidate as described in 
        subsection (d)(1), the payment for the covered communication is 
        made 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) During the 4-year period ending on the date 
                on which the person makes the payment, the person was 
                directly or indirectly formed or established by or at 
                the request or suggestion of, or with the encouragement 
                of, the candidate (including an individual who later 
                becomes a candidate) or committee or agents of the 
                candidate or committee, including with the approval of 
                the candidate or committee or agents of the candidate 
                or committee.
                    ``(B) The candidate or committee or any agent of 
                the candidate or committee solicits funds, appears at a 
                fundraising event, or engages in other fundraising 
                activity on the person'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, 
                regardless of whether the person pays fair market value 
                for the names or lists provided. For purposes of this 
                subparagraph, 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 general 
                election resulted in a runoff election, the date of the 
                runoff election).
                    ``(C) The person is established, directed, or 
                managed by the candidate or committee or by any person 
                who, during the 4-year period ending on the date on 
                which the person makes the payment, has been employed 
                or retained as a political, campaign media, or 
                fundraising adviser or consultant for the candidate or 
                committee or for any other entity directly or 
                indirectly controlled by the candidate or committee, or 
                has held a formal position with the candidate or 
                committee.
                    ``(D) The person has retained the professional 
                services of any person who, during the 2-year period 
                ending on the date on which the person makes the 
                payment, has provided or is providing professional 
                services relating to the campaign to the candidate or 
                committee. For purposes of this subparagraph, the term 
                `professional services' includes any services in 
                support of the candidate's or committee's campaign 
                activities, including advertising, message, strategy, 
                policy, polling, allocation of resources, fundraising, 
                and campaign operations, but does not include 
                accounting or legal services.
                    ``(E) The person is established, directed, or 
                managed by a member of the immediate family of the 
                candidate, or the person or any officer or agent of the 
                person has had more than incidental discussions about 
                the candidate's campaign with a member of the immediate 
                family of the candidate. For purposes of this 
                subparagraph, the term `immediate family' has the 
                meaning given such term in section 9004(e) of the 
                Internal Revenue Code of 1986.
    ``(d) Covered Communication Defined.--
            ``(1) In general.--For purposes of this section, 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) expressly advocates the election of the 
                candidate or the defeat of an opponent of the candidate 
                (or contains the functional equivalent of express 
                advocacy);
                    ``(B) promotes or supports the candidate, or 
                attacks or opposes an opponent of the candidate 
                (regardless of whether the communication expressly 
                advocates the election or defeat of a candidate or 
                contains the functional equivalent of express 
                advocacy); or
                    ``(C) refers to the candidate or an opponent of the 
                candidate but is not described in subparagraph (A) or 
                subparagraph (B), but only if the communication is 
                disseminated during the applicable election period.
            ``(2) Applicable election period.--In paragraph (1)(C), the 
        `applicable election period' means, with respect to any 
        candidate, the period beginning 120 days prior to the 
        candidate's primary or preference election, nominating 
        convention, or caucus, and ending on the day after the general 
        election.
            ``(3) Special rules for communications involving 
        congressional candidates.--For purposes of this subsection, a 
        public communication shall not be considered to be a covered 
        communication 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 distributed in the 
        jurisdiction of the office the candidate is seeking.
    ``(e) Penalty.--
            ``(1) Determination of amount.--Any person who knowingly 
        and willfully commits a violation of this Act by making a 
        contribution which consists of a payment for a coordinated 
        expenditure shall be fined an amount equal to the greater of--
                    ``(A) in the case of a person who makes a 
                contribution which consists of a payment for a 
                coordinated expenditure in an amount exceeding the 
                applicable contribution limit under this Act, 300 
                percent of the amount by which the amount of the 
                payment made by the person exceeds such applicable 
                contribution limit; or
                    ``(B) in the case of a person who is prohibited 
                under this Act from making a contribution in any 
                amount, 300 percent of the amount of the payment made 
                by the person for the coordinated expenditure.
            ``(2) Joint and several liability.--Any director, manager 
        or officer of a person who is subject to a penalty under 
        paragraph (1) shall be jointly and severally liable for any 
        amount of such penalty that is not paid by the person prior to 
        the expiration of the 1-year period which begins on the date 
        the Commission imposes the penalty or the 1-year period which 
        begins on the date of the final judgment following any judicial 
        review of the Commission's action, whichever is later.''.
    (c) Effective Date.--
            (1) Repeal of existing regulations on coordination.--
        Effective upon the expiration of the 90-day period which begins 
        on the date of the enactment of this Act--
                    (A) the regulations on coordinated communications 
                adopted by the Federal Election Commission which are in 
                effect on the date of the enactment of this Act (as set 
                forth in 11 C.F.R. Part 109, Subpart C, under the 
                heading ``Coordination'') are repealed; and
                    (B) the Federal Election Commission shall 
                promulgate new regulations on coordinated 
                communications which reflect the amendments made by 
                this part.
            (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 period which begins on the date of 
        the enactment of this Act, without regard to whether or not the 
        Federal Election Commission has promulgated regulations in 
        accordance with paragraph (1)(B) as of the expiration of such 
        period.

SEC. 1023. CLARIFICATION OF BAN ON FUNDRAISING FOR SUPER PACS BY 
              FEDERAL CANDIDATES AND OFFICEHOLDERS.

    (a) In General.--Section 323(e)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30125(e)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
                    ``(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 committee 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 
                contributions (other than a committee of a State or 
                local political party or a candidate for election for 
                State or local office).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections occurring after January 1, 2018.

                    PART III--REAL-TIME TRANSPARENCY

SEC. 1031. SHORT TITLE.

    This part may be cited as the ``Real Time Transparency Act''.

SEC. 1032. 48-HOUR NOTIFICATION REQUIRED FOR ALL POLITICAL COMMITTEES 
              RECEIVING CUMULATIVE CONTRIBUTIONS OF $1,000 OR MORE 
              DURING A YEAR FROM ANY CONTRIBUTOR.

    (a) Notification.--Section 304(a)(6)(A) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 434(a)(6)(A)) is amended to read as 
follows:
    ``(A)(i) If a political committee receives an aggregate amount of 
contributions equal to or greater than $1,000 from any contributor 
during a calendar year, the committee shall submit a notification to 
the Commission containing the name of the committee (and, in the case 
of an authorized committee of a candidate, the name of the candidate 
and the office sought by the candidate), the identification of the 
contributor, and the date of receipt and amount of the contributions 
involved.
    ``(ii) If, at any time after a political committee is required to 
submit a notification under this subparagraph with respect to a 
contributor during a calendar year, the political committee receives 
additional contributions from that contributor during that year, the 
committee shall submit an additional notification under clause (i) with 
respect to such contributor each time the aggregate amount of the 
additional contributions received from the contributor during the year 
equals or exceeds $1,000 (excluding the amount of any contribution for 
which information is required to be included in a previous notification 
under this subparagraph).
    ``(iii) The political committee shall submit the notification 
required under this subparagraph with respect to a contributor--
            ``(I) in the case of a notification described in clause 
        (i), not later than 48 hours after the date on which the 
        aggregate amount of contributions received from the contributor 
        during the calendar year first equals or exceeds $1,000; or
            ``(II) in the case of an additional notification described 
        in clause (ii), not later than 48 hours after the date on which 
        the aggregate amount of contributions received from the 
        contributor during the calendar year for which information was 
        not already included in a notification under this subparagraph 
        first equals or exceeds $1,000.
    ``(iv) For purposes of this subparagraph, any amount transferred by 
a joint fundraising committee which is established by an authorized 
committee of a candidate to any other authorized committee of that 
candidate shall be treated as a contribution by the joint fundraising 
committee to such authorized committee.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to contributions received by a political committee 
under the Federal Election Campaign Act of 1971 during 2017 or any 
succeeding year, except that nothing in such amendment may be construed 
to require a political committee which does not receive contributions 
during the portion of 2017 which occurs after the date of the enactment 
of this Act to meet the requirements of section 304(a)(6)(A) of the 
Federal Election Campaign Act of 1971, as amended by subsection (a).

SEC. 1033. FILING BY SENATE CANDIDATES WITH FEDERAL ELECTION 
              COMMISSION.

    (a) Mandatory Filing With FEC.--Section 302(g) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 432(g)) is amended to read as 
follows:
    ``(g) Filing With the Commission.--All designations, statements, 
and reports required to be filed under this Act shall be filed with the 
Commission.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to materials filed on or after the date of the 
enactment of this Act.

                       PART IV--STAND BY YOUR AD

SEC. 1041. STAND BY YOUR AD.

    (a) Disclaimer Requirements for Campaign-Related Disbursements.--
Section 318(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30120(a)) is amended by striking ``for the purpose of financing 
communications expressly advocating the election or defeat of a clearly 
identified candidate'' and inserting ``for a campaign-related 
disbursement, as defined in section 324, consisting of a public 
communication''.
    (b) Stand By Your Ad Requirements.--
            (1) Maintenance of requirements for political parties and 
        certain political committees.--Section 318(d)(2) of such Act 
        (52 U.S.C. 30120(d)(2)) is amended--
                    (A) in the heading, by striking ``Others'' and 
                inserting ``certain political committees'';
                    (B) by striking ``Any communication'' and inserting 
                ``(A) Any communication'';
                    (C) by inserting ``which (except to the extent 
                provided in the last sentence of this paragraph) is 
                paid for by a political committee (including a 
                political committee of a political party) and'' after 
                ``subsection (a)'';
                    (D) by striking ``or other person'' each place it 
                appears; and
                    (E) by adding at the end the following new 
                subparagraph:
            ``(B) This paragraph does not apply to a communication paid 
        for in whole or in part with a payment which is treated as a 
        campaign-related disbursement under section 324 and with 
        respect to which a covered organization files a statement under 
        such section.''.
            (2) Special disclaimer requirements for certain 
        communications.--Section 318 of such Act (52 U.S.C. 30120) is 
        amended by adding at the end the following new subsection:
    ``(e) Communications by Others.--
            ``(1) In general.--Any communication described in paragraph 
        (3) of subsection (a) which is transmitted through radio or 
        television (other than a communication to which subsection 
        (d)(2) applies) shall include, in addition to the requirements 
        of such paragraph, the following:
                    ``(A) The individual disclosure statement described 
                in paragraph (2)(A) (if the person paying for the 
                communication is an individual) or the organizational 
                disclosure statement described in paragraph (2)(B) (if 
                the person paying for the communication is not an 
                individual).
                    ``(B) If the communication is transmitted through 
                television and is paid for in whole or in part with a 
                payment which is treated as a campaign-related 
                disbursement under section 324, the Top Five Funders 
                list (if applicable), unless, on the basis of criteria 
                established in regulations issued by the Commission, 
                the communication is of such short duration that 
                including the Top Five Funders list in the 
                communication would constitute a hardship to the person 
                paying for the communication by requiring a 
                disproportionate amount of the content of the 
                communication to consist of the Top Five Funders list.
                    ``(C) If the communication is transmitted through 
                radio and is paid for in whole or in part with a 
                payment which is treated as a campaign-related 
                disbursement under section 324, the Top Two Funders 
                list (if applicable), unless, on the basis of criteria 
                established in regulations issued by the Commission, 
                the communication is of such short duration that 
                including the Top Two Funders list in the communication 
                would constitute a hardship to the person paying for 
                the communication by requiring a disproportionate 
                amount of the content of the communication to consist 
                of the Top Two Funders list.
            ``(2) Disclosure statements described.--
                    ``(A) Individual disclosure statements.--The 
                individual disclosure statement described in this 
                subparagraph is the following: `I am ________, and I 
                approve this message.', with the blank filled in with 
                the name of the applicable individual.
                    ``(B) Organizational disclosure statements.--The 
                organizational disclosure statement described in this 
                subparagraph is the following: `I am ________, the 
                ________ of ________, and ________ approves this 
                message.', with--
                            ``(i) the first blank to be filled in with 
                        the name of the applicable individual;
                            ``(ii) the second blank to be filled in 
                        with the title of the applicable individual; 
                        and
                            ``(iii) the third and fourth blank each to 
                        be filled in with the name of the organization 
                        or other person paying for the communication.
            ``(3) Method of conveyance of statement.--
                    ``(A) Communications transmitted through radio.--In 
                the case of a communication to which this subsection 
                applies which is transmitted through radio, the 
                disclosure statements required under paragraph (1) 
                shall be made by audio by the applicable individual in 
                a clearly spoken manner.
                    ``(B) Communications transmitted through 
                television.--In the case of a communication to which 
                this subsection applies which is transmitted through 
                television, the information required under paragraph 
                (1)--
                            ``(i) shall appear in writing at the end of 
                        the communication or in a crawl along the 
                        bottom of the communication in a clearly 
                        readable manner, with a reasonable degree of 
                        color contrast between the background and the 
                        printed statement, for a period of at least 6 
                        seconds; and
                            ``(ii) shall also be conveyed by an 
                        unobscured, full-screen view of the applicable 
                        individual or by the applicable individual 
                        making the statement in voice-over accompanied 
                        by a clearly identifiable photograph or similar 
                        image of the individual, except in the case of 
                        a Top Five Funders list.
            ``(4) Definitions.--In this subsection:
                    ``(A) Applicable individual.--The term `applicable 
                individual' means, with respect to a communication to 
                which this subsection applies--
                            ``(i) if the communication is paid for by 
                        an individual, the individual involved;
                            ``(ii) if the communication is paid for by 
                        a corporation, the chief executive officer of 
                        the corporation (or, if the corporation does 
                        not have a chief executive officer, the highest 
                        ranking official of the corporation);
                            ``(iii) if the communication is paid for by 
                        a labor organization, the highest ranking 
                        officer of the labor organization; and
                            ``(iv) if the communication is paid for by 
                        any other person, the highest ranking official 
                        of such person.
                    ``(B) Covered organization and campaign-related 
                disbursement.--The terms `campaign-related 
                disbursement' and `covered organization' have the 
                meaning given such terms in section 324.
                    ``(C) Top five funders list.--The term `Top Five 
                Funders list' means, with respect to a communication 
                paid for in whole or in part with a payment which is 
                treated as a campaign-related disbursement under 
                section 324, a list of the five persons who provided 
                the largest payments of any type in an aggregate amount 
                equal to or exceeding $10,000 which are required under 
                section 324(a) to be included in the reports filed by a 
                covered organization with respect to such communication 
                during the 12-month period ending on the date of the 
                disbursement and the amount of the payments each such 
                person provided. If two or more people provided the 
                fifth largest of such payments, the covered 
                organization involved shall select one of those persons 
                to be included on the Top Five Funders list.
                    ``(D) Top two funders list.--The term `Top Two 
                Funders list' means, with respect to a communication 
                paid for in whole or in part with a payment which is 
                treated as a campaign-related disbursement under 
                section 324, a list of the persons who provided the 
                largest and the second largest payments of any type in 
                an aggregate amount equal to or exceeding $10,000 which 
                are required under section 324(a) to be included in the 
                reports filed by a covered organization with respect to 
                such communication during the 12-month period ending on 
                the date of the disbursement and the amount of the 
                payments each such person provided. If two or more 
                persons provided the second largest of such payments, 
                the covered organization involved shall select one of 
                those persons to be included on the Top Two Funders 
                list.''.
    (c) Application of Disclosure Requirements for Audio and Video 
Communications to Audio and Video Portions of Communications 
Transmitted Through Internet or Electronic Mail.--
            (1) Communications by candidates or authorized persons.--
        Section 318(d)(1) of the Federal Election Campaign Act of 1971 
        (52 U.S.C. 30120(d)(1)) is amended by adding at the end the 
        following new subparagraph:
                    ``(C) Audio and video portions of communications 
                transmitted through internet or electronic mail.--In 
                the case of a communication described in paragraph (1) 
                or (2) of subsection (a) which is transmitted through 
                the Internet or through any form of electronic mail--
                            ``(i) any audio portion of the 
                        communication shall meet the requirements 
                        applicable under subparagraph (A) to 
                        communications transmitted through radio; and
                            ``(ii) any video portion of the 
                        communication shall meet the requirements 
                        applicable under subparagraph (B) to 
                        communications transmitted through 
                        television.''.
            (2) Communications by others.--
                    (A) In general.--Section 318(d)(2) of such Act (52 
                U.S.C. 30120(d)(2)), as amended by subsection (b)(1), 
                is further amended--
                            (i) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (ii) by inserting after subparagraph (A) 
                        the following new subparagraph:
            ``(B) In the case of a communication described in paragraph 
        (3) of subsection (a) which is transmitted through the Internet 
        or through any form of electronic mail, any audio portion of 
        the communication shall meet the requirements applicable under 
        this paragraph to communications transmitted through radio and 
        any video portion of the communication shall meet the 
        requirements applicable under this paragraph to communications 
        transmitted through television.''.
                    (B) Application of special personal disclosure 
                rules for certain communications.--Section 318(e) of 
                such Act, as added by subsection (b)(2), is amended--
                            (i) in paragraph (1) in the matter 
                        preceding subparagraph (A), by striking ``radio 
                        or television'' and inserting ``radio or 
                        television, through the Internet, or through 
                        any form of electronic mail''; and
                            (ii) in paragraph (3), by adding at the end 
                        the following new subparagraph:
                    ``(C) Communications transmitted through internet 
                or electronic mail.--In the case of a communication to 
                which this paragraph applies which is transmitted 
                through the Internet or through any form of electronic 
                mail, any audio portion of the communication shall meet 
                the requirements applicable under this paragraph to 
                communications transmitted through radio and any video 
                portion of the communication shall meet the 
                requirements applicable under this paragraph to 
                communications transmitted through television.''.
    (d) Disclosure Requirements for Campaign Communications Made 
Through Prerecorded Telephone Calls.--
            (1) Application of requirements.--Section 318(a) of the 
        Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is 
        amended by inserting after ``mailing,'' each place it appears 
        the following: ``telephone call which consists in substantial 
        part of a prerecorded audio message,''.
            (2) Treatment as audio communication.--
                    (A) Communications by candidates or authorized 
                persons.--Section 318(d)(1) of such Act (52 U.S.C. 
                30120(d)(1)), as amended by subsection (c)(1), is 
                further amended by adding at the end the following new 
                subparagraph:
                    ``(D) Prerecorded telephone calls.--Any 
                communication described in paragraph (1) or (2) of 
                subsection (a) which is a telephone call which consists 
                in substantial part of a prerecorded audio message 
                shall meet the requirements applicable under 
                subparagraph (A) to communications transmitted through 
                radio, except that the statement required under such 
                subparagraph shall be made at the beginning of the 
                telephone call.''.
                    (B) Communications by others.--
                            (i) In general.--Section 318(d)(2) of such 
                        Act (52 U.S.C. 30120(d)(2)), as amended by 
                        subsection (b)(1) and subsection (c)(2)(A), is 
                        further amended--
                                    (I) by redesignating subparagraph 
                                (C) as subparagraph (D); and
                                    (II) by inserting after 
                                subparagraph (B) the following new 
                                subparagraph:
            ``(C) Any communication described in paragraph (3) of 
        subsection (a) which is a telephone call which consists in 
        substantial part of a prerecorded audio message shall meet the 
        requirements applicable under this paragraph to communications 
        transmitted through radio, except that the statement required 
        shall be made at the beginning of the telephone call.''.
                            (ii) Application of special personal 
                        disclosure rules for certain communications.--
                        Section 318(e) of such Act, as added by 
                        subsection (b)(2) and as amended by subsection 
                        (c)(2)(b), is further amended--
                                    (I) in paragraph (1) in the matter 
                                preceding subparagraph (A), by striking 
                                ``electronic mail'' and inserting 
                                ``electronic mail, or which is a 
                                telephone call which consists in 
                                substantial part of a prerecorded audio 
                                message,''; and
                                    (II) in paragraph (3), by adding at 
                                the end the following new subparagraph:
                    ``(D) Communications made through prerecorded 
                telephone calls.--Any communication to which this 
                paragraph applies which is a telephone call which 
                consists in substantial part of a prerecorded audio 
                message shall meet the requirements applicable under 
                this paragraph to communications transmitted through 
                radio.''.
    (e) No Expansion of Persons Subject to Disclaimer Requirements on 
Internet Communications.--Nothing in this section or the amendments 
made by this section may be construed to require any person who is not 
required under section 318 of the Federal Election Campaign Act of 1971 
(as provided under section 110.11 of title 11 of the Code of Federal 
Regulations) to include a disclaimer on communications made by the 
person through the Internet to include any disclaimer on any such 
communications.

                 PART V--OTHER CAMPAIGN FINANCE REFORMS

SEC. 1051. REGULATIONS WITH RESPECT TO BEST EFFORTS FOR IDENTIFYING 
              PERSONS MAKING CONTRIBUTIONS.

    Not later than 6 months after the date of enactment of this Act, 
the Federal Election Commission shall promulgate regulations with 
respect to what constitutes best efforts under section 302(i) of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30102(i)) for 
determining the identification of persons making contributions to 
political committees, including the identifications of persons making 
contributions over the Internet or by credit card. Such regulations 
shall include a requirement that in the case of contributions made by a 
credit card, the political committee shall ensure that the name on the 
credit card used to make the contribution matches the name of the 
person making the contribution.

SEC. 1052. RULES RELATING TO JOINT FUNDRAISING COMMITTEES.

    (a) Prohibition on Joint Fundraising Committees for Candidates for 
President.--
            (1) In general.--Section 302(e) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30102(e)) is amended by adding 
        at the end the following new paragraph:
    ``(6) No authorized committee of a candidate for the office of 
President may establish, participate in, or have any involvement with 
any joint fundraising committee.''.
            (2) Conforming amendment.--Section 302(e)(3)(A)(ii) of such 
        Act (52 U.S.C. 30102(e)(3)(A)(ii)) is amended by striking 
        ``candidates may'' and inserting ``candidates (other than 
        candidates for the office of President) may''.
    (b) Limitation on Joint Fundraising Committees for Party 
Committees.--Section 302 of the Federal Election Campaign Act of 1971 
(52 U.S.C. 30102) is amended by adding at the end the following new 
subsection:
    ``(j) Participation of Party Committees in Joint Fundraising 
Committees.--No committee of a political party may establish, 
participate in, or have any involvement with any joint fundraising 
committee other than a joint fundraising committee that consists of the 
national committee of a political party and one other committee of the 
political party.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2018.

SEC. 1053. DISCLOSURE OF BUNDLED CONTRIBUTIONS TO PRESIDENTIAL 
              CAMPAIGNS; INCREASE IN THRESHOLD FOR BUNDLED 
              CONTRIBUTIONS BY LOBBYISTS.

    (a) In General.--Paragraphs (1) through (3) of section 304(i) of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(i)) are 
amended to read as follows:
            ``(1) In general.--
                    ``(A) Disclosure of bundled contributions by 
                lobbyists.--Each committee described in paragraph (6) 
                shall include in the first report required to be filed 
                under this section after each covered period (as 
                defined in paragraph (2)) a separate schedule setting 
                forth the name, address, and employer of each person 
                reasonably known by the committee to be a person 
                described in paragraph (7) who provided two or more 
                bundled contributions to the committee in an aggregate 
                amount greater than the applicable threshold (as 
                defined in paragraph (3)) during the covered period, 
                and the aggregate amount of the bundled contributions 
                provided by each such person during the covered period.
                    ``(B) Disclosure of bundled contributions by 
                political committees.--Each committee described in 
                paragraph (6) shall include in the first report 
                required to be filed under this section after each 
                covered period (as defined in paragraph (2)) a separate 
                schedule setting forth the name of each political 
                committee (other than a committee of a political party) 
                which provided two or more bundled contributions to the 
                committee in an aggregate amount greater than the 
                applicable threshold (as defined in paragraph (3)) 
                during the covered period, and the aggregate amount of 
                the bundled contributions provided by each such 
                political committee during the covered period.
                    ``(C) Disclosure of bundled contributions to 
                presidential campaigns.--Each committee which is an 
                authorized committee of a candidate for the office of 
                President or for nomination to such office shall 
                include in the first report required to be filed under 
                this section after each covered period (as defined in 
                paragraph (2)) a separate schedule setting forth the 
                name, address, and employer of each person who provided 
                two or more bundled contributions to the committee in 
                an aggregate amount greater than the applicable 
                threshold (as defined in paragraph (3)) during the 
                election cycle, and the aggregate amount of the bundled 
                contributions provided by each such person during the 
                covered period and such election cycle. Such schedule 
                shall include a separate listing of the name, address, 
                and employer of each person included on such schedule 
                who is reasonably known by the committee to be a person 
                described in paragraph (7), together with the aggregate 
                amount of bundled contributions provided by such person 
                during such period and such cycle.
            ``(2) Covered period.--In this subsection, a `covered 
        period' means--
                    ``(A) with respect to a committee which is an 
                authorized committee of a candidate for the office of 
                President or for nomination to such office--
                            ``(i) the 4-year election cycle ending with 
                        the date of the election for the office of the 
                        President; and
                            ``(ii) any reporting period applicable to 
                        the committee under this section during which 
                        any person provided two or more bundled 
                        contributions to the committee; and
                    ``(B) with respect to any other committee--
                            ``(i) the period beginning January 1 and 
                        ending June 30 of each year;
                            ``(ii) the period beginning July 1 and 
                        ending December 31 of each year; and
                            ``(iii) any reporting period applicable to 
                        the committee under this section during which 
                        any person described in paragraph (7) provided 
                        two or more bundled contributions to the 
                        committee in an aggregate amount greater than 
                        the applicable threshold.
            ``(3) Applicable threshold.--
                    ``(A) In general.--In this subsection, the 
                `applicable threshold' is--
                            ``(i) $50,000 in the case of a committee 
                        which is an authorized committee of a candidate 
                        for the office of President or for nomination 
                        to such office; and
                            ``(ii) $25,000 in the case of any other 
                        committee.
                In determining whether the amount of bundled 
                contributions provided to a committee by a person 
                exceeds the applicable threshold, there shall be 
                excluded any contribution made to the committee by the 
                person or the person's spouse.
                    ``(B) Indexing.--In any calendar year after 2018, 
                section 315(c)(1)(B) shall apply to each amount 
                applicable under subparagraph (A) in the same manner as 
                such section applies to the limitations established 
                under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) 
                of such section, except that for purposes of applying 
                such section to the amount applicable under 
                subparagraph (A), the `base period' shall be 2017.
                    ``(C) Aggregation of contributions from cosponsors 
                of fundraising event.--For purposes of determining the 
                amount of bundled contributions provided by a person to 
                a committee which were received by the person at a 
                fundraising event sponsored by the person, or in 
                response to an invitation to attend a fundraising event 
                sponsored by the person, each person who is a sponsor 
                of the event shall be considered to have provided to 
                the committee the aggregate amount of all bundled 
                contributions which were provided to the committee by 
                all sponsors of the event.''.
    (b) Conforming Amendments.--Section 304(i) of such Act (52 U.S.C. 
30104(i)) is amended--
            (1) in paragraph (5), by striking ``described in paragraph 
        (7)'' each place it appears in subparagraphs (C) and (D);
            (2) in paragraph (6), by inserting ``(other than a 
        candidate for the office of President or for nomination to such 
        office)'' after ``candidate''; and
            (3) in paragraph (8)(A)--
                    (A) by striking ``, with respect to a committee 
                described in paragraph (6) and a person described in 
                paragraph (7),'' and inserting ``, with respect to a 
                committee described in paragraph (6) or an authorized 
                committee of a candidate for the office of President or 
                for nomination to such office,'';
                    (B) by striking ``by the person'' in clause (i) 
                thereof and inserting ``by any person''; and
                    (C) by striking ``the person'' each place it 
                appears in clause (ii) and inserting ``such person''.
    (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, 2018.

SEC. 1054. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS.

    (a) In General.--Title IV of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section 
406 the following new section:

``SEC. 407. JUDICIAL REVIEW.

    ``(a) In General.--Notwithstanding section 373(f), if any action is 
brought for declaratory or injunctive relief to challenge the 
constitutionality 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 District of Columbia Circuit.
            ``(2) In the case of an action relating to declaratory or 
        injunctive relief to challenge the constitutionality of a 
        provision--
                    ``(A) a copy of the complaint shall be delivered 
                promptly to the Clerk of the House of Representatives 
                and the Secretary of the Senate; and
                    ``(B) it shall be the duty of the United States 
                District Court for the District of Columbia, the Court 
                of Appeals for the District of Columbia, and the 
                Supreme Court of the United States to advance on the 
                docket and to expedite to the greatest possible extent 
                the disposition of the action and appeal.
    ``(b) Intervention by Members of Congress.--In any action in which 
the constitutionality of any provision of this Act or chapter 95 or 96 
of the Internal Revenue Code of 1986 is raised, any member of the House 
of Representatives (including a Delegate or Resident Commissioner to 
the Congress) or Senate shall have the right to intervene either in 
support of or opposition to the position of a party to the case 
regarding the constitutionality of the provision. To avoid duplication 
of efforts and reduce the burdens placed on the parties to the action, 
the court in any such action may make such orders as it considers 
necessary, including orders to require interveners taking similar 
positions to file joint papers or to be represented by a single 
attorney at oral argument.
    ``(c) Challenge by Members of Congress.--Any Member of Congress may 
bring an action, subject to the special rules described in subsection 
(a), for declaratory or injunctive relief to challenge the 
constitutionality of any provision of this Act or chapter 95 or 96 of 
the Internal Revenue Code of 1986.''.
    (b) Conforming Amendments.--
            (1) In general.--
                    (A) Section 9011 of the Internal Revenue Code of 
                1986 is amended to read as follows:

``SEC. 9011. JUDICIAL REVIEW.

    ``For provisions relating to judicial review of certifications, 
determinations, and actions by the Commission under this chapter, see 
section 407 of the Federal Election Campaign Act of 1971.''.
                    (B) Section 9041 of the Internal Revenue Code of 
                1986 is amended to read as follows:

``SEC. 9041. JUDICIAL REVIEW.

    ``For provisions relating to judicial review of actions by the 
Commission under this chapter, see section 407 of the Federal Election 
Campaign Act of 1971.''.
                    (C) Section 403 of the Bipartisan Campaign Finance 
                Reform Act of 2002 (52 U.S.C. 30110 note) is repealed.
    (c) Effective Date.--The amendments made by this section shall 
apply to actions brought on or after January 1, 2018.

SEC. 1055. TREATMENT OF INTERNET COMMUNICATIONS MADE BY POLITICAL 
              COMMITTEES AS PUBLIC COMMUNICATIONS.

    (a) In General.--Paragraph (22) of section 301 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by 
adding at the end the following new sentence: ``Such term shall include 
communications to the general public made over the Internet by a 
political committee.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to communications made on or after the date of the enactment of this 
Act.

SEC. 1056. APPLICATION OF LIMITATIONS ON CONTRIBUTIONS TO POLITICAL 
              COMMITTEES.

    (a) In General.--Section 315(a)(1) of the Federal Election Campaign 
Act of 1974 (52 U.S.C. 30116(a)(1)) is amended by striking subparagraph 
(C) and inserting the following:
                    ``(C) to any other political committee (other than 
                a committee described in subparagraph (D)), including 
                to a political committee that makes only independent 
                expenditures or electioneering communications (or a 
                combination thereof) or to any account of a political 
                committee established for the purpose of making only 
                independent expenditures or electioneering 
                communications (or a combination thereof), in any 
                calendar year which, in the aggregate, exceed $5,000; 
                or''.
    (b) Effective Date.--The amendment made by this section shall apply 
to contributions made on or after the date of the enactment of this 
Act.

      Subtitle B--Establishment of Federal Election Administration

SEC. 1101. SHORT TITLE.

    This subtitle may be cited as the ``Federal Election Administration 
Act of 2017''.

                PART I--FEDERAL ELECTION ADMINISTRATION

SEC. 1111. ESTABLISHMENT OF THE FEDERAL ELECTION ADMINISTRATION.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by adding at the end the 
following new subtitle:

                ``Subtitle B--Administrative Provisions

   ``CHAPTER 1--ESTABLISHMENT OF THE FEDERAL ELECTION ADMINISTRATION

``SEC. 351. ESTABLISHMENT OF THE FEDERAL ELECTION ADMINISTRATION.

    ``(a) In General.--There is established the Federal Election 
Administration (in this Act referred to as the `Administration').
    ``(b) Independent Establishment.--The Administration shall be an 
independent establishment (as defined in section 104 of title 5, United 
States Code).
    ``(c) Purpose.--The Administration shall administer, seek to obtain 
compliance with, enforce, and formulate policy in a manner that is 
consistent with the language and intent of Congress with respect to the 
following statutes:
            ``(1) This Act.
            ``(2) The Presidential Election Campaign Fund Act under 
        chapter 95 of the Internal Revenue Code of 1986.
            ``(3) The Presidential Primary Matching Payment Account Act 
        under chapter 96 of the Internal Revenue Code of 1986.
    ``(d) Exclusive Civil Jurisdiction.--The Administration shall have 
exclusive jurisdiction with respect to the civil enforcement of the 
statutes identified in subsection (c).
    ``(e) Voting Requirement.--All decisions of the Administration with 
respect to the exercise of its duties and powers under this Act, except 
those expressly reserved for decision by the Chair, shall be made by a 
majority vote of its members.
    ``(f) Meetings and Quorum.--
            ``(1) Meetings.--The Administration shall meet--
                    ``(A) at least once each month; and
                    ``(B) at the call of the Chair.
            ``(2) Quorum.--A majority of the members of the 
        Administration shall constitute a quorum.
    ``(g) Seal.--The Administration shall procure a proper seal, with 
such suitable inscriptions and devices as the President shall approve. 
This seal, to be known as the official seal of the Federal Election 
Administration, shall be kept and used to verify official documents, 
under such rules and regulations as the Administration may prescribe. 
Judicial notice shall be taken of the seal.
    ``(h) Principal Office.--The principal office of the Administration 
shall be in or near the District of Columbia, but the Administration 
may meet or exercise any of its powers anywhere in the United States.

``SEC. 352. COMPOSITION OF THE FEDERAL ELECTION ADMINISTRATION.

    ``(a) In General.--The Administration shall be composed of 5 
members, 1 of whom shall serve as the Chair of the Administration. Not 
more than 2 members of the Administration shall be affiliated with the 
same political party while serving as a member of the Administration. 
For purposes of the preceding sentence, a member shall be treated as 
affiliated with a political party if such member was affiliated with 
such political party at any time during the 5-year period ending on the 
date on which such individual is nominated to be a member of the 
Administration.
    ``(b) Appointment.--
            ``(1) In general.--Each member of the Administration shall 
        be appointed by the President, by and with the advice and 
        consent of the Senate.
            ``(2) Chair.--The President shall, at the time of 
        nomination of the first 5 members of the Administration, 
        designate 1 of the 5 to serve as the Chair. Any individual 
        appointed to succeed, or to fill the unexpired term of, that 
        member (or any member succeeding that member) shall serve as 
        the Chair.
            ``(3) Qualifications.--
                    ``(A) In general.--The President may select an 
                individual for service as a Member of the Commission if 
                the individual has experience in election law and has a 
                demonstrated record of integrity, impartiality, and 
                good judgment.
                    ``(B) Assistance of blue ribbon advisory panel.--
                            ``(i) In general.--Prior to the regularly 
                        scheduled expiration of the term of a member of 
                        the Commission and upon the occurrence of a 
                        vacancy in the membership of the Commission 
                        prior to the expiration of a term, the 
                        President shall convene a Blue Ribbon Advisory 
                        Panel, that includes individuals representing 
                        each major political party and individuals who 
                        are independent of a major political party and 
                        that consists of an odd number of individuals 
                        selected by the President from retired Federal 
                        judges, former law enforcement officials, or 
                        individuals with experience in election law, 
                        except that the President may not select any 
                        individual to serve on the panel who holds any 
                        public office at the time of selection.
                            ``(ii) Recommendations.--With respect to 
                        each member of the Commission whose term is 
                        expiring or each vacancy in the membership of 
                        the Commission (as the case may be), the Blue 
                        Ribbon Advisory Panel shall recommend to the 
                        President at least one but not more than 3 
                        individuals for nomination for appointment as a 
                        member of the Commission.
                            ``(iii) Publication.--At the time the 
                        President submits to the Senate the nominations 
                        for individuals to be appointed as members of 
                        the Commission, the President shall publish the 
                        Blue Ribbon Advisory Panel's recommendations 
                        for such nominations.
                            ``(iv) Exemption from federal advisory 
                        committee act.--The Federal Advisory Committee 
                        Act (5 U.S.C. App.) shall not apply to a Blue 
                        Ribbon Advisory Panel convened under this 
                        subparagraph.
    ``(c) Term of Office.--
            ``(1) In general.--
                    ``(A) Chair.--The Chair of the Administration shall 
                be appointed for a term of 10 years.
                    ``(B) Other members.--Subject to subparagraph (C), 
                the 4 members of the Administration other than the 
                Chair shall be appointed for a term of 6 years.
                    ``(C) Initial appointments.--Of the members 
                initially appointed under subparagraph (B), 2 members 
                shall be appointed for a term of 3 years.
            ``(2) Limitation to one term.--A member of the 
        Administration may only serve 1 term, except that--
                    ``(A) an individual appointed under subparagraph 
                (B) of paragraph (1) who is appointed for the term 
                described in subparagraph (C) of such paragraph may be 
                appointed to a 6-year term in addition to the term 
                described in such subparagraph; and
                    ``(B) an individual appointed under paragraph (4) 
                to fill the remainder of an unexpired term that has 
                less than \1/2\ of the term remaining may be appointed 
                to serve another term.
            ``(3) Expired terms.--An individual may continue to serve 
        as a member of the Administration after the expiration of such 
        individual's term until the earlier of--
                    ``(A) the date on which such individual's successor 
                has taken office; or
                    ``(B) 1 year following the date on which the term 
                of such member expired.
            ``(4) Vacancies.--An individual appointed upon a vacancy 
        occurring before the expiration of the term for which the 
        individual's predecessor was appointed shall be appointed only 
        for the unexpired term of the predecessor. Such vacancy shall 
        be filled in the same manner as the original appointment.
            ``(5) Prohibiting engagement with other business or 
        employment during service.--A member of the Commission shall 
        not engage in any other business, vocation, or employment. Any 
        individual who is engaging in any other business, vocation, or 
        employment at the time of his or her appointment to the 
        Commission shall terminate or liquidate such activity not later 
        than 90 days after such appointment.
    ``(d) Removal.--A member of the Administration may be removed by 
the President only for inefficiency, neglect of duty, or malfeasance in 
office.

``SEC. 353. STAFF DIRECTOR.

    ``(a) In General.--There shall be in the Administration a staff 
director.
    ``(b) Responsibilities.--The staff director--
            ``(1) shall assist the Administration in its administration 
        and operations;
            ``(2) shall perform such responsibilities as the 
        Administration shall prescribe; and
            ``(3) may, with the approval of the Chair--
                    ``(A) appoint and fix the pay of such additional 
                personnel as the staff director considers appropriate 
                without regard to the provisions of title 5, United 
                States Code, governing appointments in the competitive 
                service; and
                    ``(B) procure temporary and intermittent services 
                to the same extent as is authorized by section 3109(b) 
                of title 5, United States Code, but at rates for 
                individuals not to exceed the daily equivalent of the 
                annual rate of basic pay in effect for grade GS-15 of 
                the General Schedule (5 U.S.C. 5332).
    ``(c) Appointment.--The staff director shall be appointed by the 
Chair, after consultation with the other members of the Administration.
    ``(d) Other Activities.--An individual may not engage in any other 
business, vocation, or employment while serving as the staff director.

``SEC. 354. GENERAL COUNSEL.

    ``(a) In General.--There shall be in the Administration a general 
counsel.
    ``(b) Responsibilities.--The general counsel shall--
            ``(1) serve as the chief legal officer of the 
        Administration;
            ``(2) provide legal assistance to the Administration 
        concerning its programs and policies;
            ``(3) advise and assist the Administration in carrying out 
        its responsibilities under section 361; and
            ``(4) represent the Administration in any proceeding in 
        court or before an administrative law judge.
    ``(c) Appointment.--The general counsel shall be appointed by the 
Chair, subject to approval by majority vote of the members of the 
Administration.

``SEC. 355. INSPECTOR GENERAL.

    ``There shall be in the Administration an inspector general. The 
inspector general and the office of inspector general shall be subject 
to the Inspector General Act of 1978 (5 U.S.C. App.).

     ``CHAPTER 2--OPERATION OF THE FEDERAL ELECTION ADMINISTRATION

``SEC. 361. POWERS OF THE CHAIR AND ADMINISTRATION.

    ``(a) Chair.--
            ``(1) In general.--The Chair shall be the chief 
        administrative officer of the Administration with the authority 
        to administer the Administration and shall, after consultation 
        with the other members of the Administration, have the power to 
        appoint or remove the staff director and to establish the 
        budget of the Administration.
            ``(2) Other powers.--The Chair has the power--
                    ``(A) to the fullest extent practicable, to request 
                the assistance of other agencies and departments of the 
                United States, including the personnel and facilities 
                of such agencies and departments and the heads of such 
                agencies and departments may make available to the 
                Chair such personnel, facilities, and other assistance, 
                with or without reimbursement;
                    ``(B) to appoint, assign, remove, and compensate 
                administrative law judges in accordance with title 5, 
                United States Code;
                    ``(C) to require, by special or general orders, any 
                person to submit, under oath, such written reports and 
                answers to questions as the Chair may prescribe;
                    ``(D) to administer oaths or affirmations;
                    ``(E) to issue and enforce subpoenas in accordance 
                with section 364;
                    ``(F) in any proceeding or investigation, to order 
                testimony to be taken by deposition before any person 
                who is designated by the Chair and has the power to 
                administer oaths and, in such instances, to compel 
                testimony and the production of evidence in the same 
                manner as authorized under subparagraph (E);
                    ``(G) to pay witnesses fees and mileage in 
                accordance with section 364(d); and
                    ``(H) to make independent budget requests to 
                Congress in accordance with section 362.
    ``(b) Administration.--The Administration shall have the power--
            ``(1) to initiate, defend, or appeal, through the general 
        counsel, any civil action in the name of the Administration to 
        enforce the provisions of this Act and chapters 95 and 96 of 
        the Internal Revenue Code of 1986;
            ``(2) to assess civil penalties for violations of this Act 
        and chapters 95 and 96 of the Internal Revenue Code of 1986;
            ``(3) to issue cease-and-desist orders to prevent 
        violations of this Act and chapters 95 and 96 of the Internal 
        Revenue Code of 1986;
            ``(4) to establish procedures and schedules for agency 
        adjudication that ensure timely enforcement of this Act and 
        chapters 95 and 96 of the Internal Revenue Code of 1986;
            ``(5) to render advisory opinions under section 363;
            ``(6) to develop prescribed forms, and to make, amend, and 
        repeal rules, pursuant to section 365;
            ``(7) to establish procedures for alternative dispute 
        resolution of violations of this Act or of chapter 95 or 96 of 
        the Internal Revenue Code of 1986;
            ``(8) to conduct investigations and hearings expeditiously, 
        to encourage voluntary compliance, and to report apparent 
        violations to the appropriate law enforcement authorities; and
            ``(9) to transmit to the President and to Congress not 
        later than June 1 of each year, a report which states in detail 
        the activities of the Administration in carrying out its duties 
        under this Act, and which includes any recommendations for any 
        legislative or other action the Administration considers 
        appropriate.

``SEC. 362. INDEPENDENT BUDGET REQUESTS AND LEGISLATIVE PROPOSALS.

    ``(a) Exemption From OMB Oversight.--Whenever the Chair submits any 
budget estimate or request to the President or the Office of Management 
and Budget, the Chair shall concurrently transmit a copy of such 
estimate or request to Congress.
    ``(b) Authority To Make Independent Legislative Recommendations.--
Whenever the Administration submits any legislative recommendation, 
testimony, or comments on legislation requested by Congress or by any 
Member of Congress, to the President or the Office of Management and 
Budget, the Administration shall concurrently transmit a copy thereof 
to Congress or to the Member requesting the same. No officer or agency 
of the United States shall have any authority to require the 
Administration to submit its legislative recommendations, testimony, or 
comments on legislation, to any office or agency of the United States 
for approval, comments, or review, prior to the submission of such 
recommendations, testimony, or comments to Congress.

``SEC. 363. ADVISORY OPINIONS.

    ``(a) Requests for Advisory Opinions.--
            ``(1) In general.--Not later than 60 days after the 
        Administration receives from a person a complete written 
        request concerning the application of this Act, chapter 95 or 
        96 of the Internal Revenue Code of 1986, or a rule or 
        regulation prescribed by the Administration, with respect to a 
        specific transaction or activity by the person, the 
        Administration shall render a written advisory opinion relating 
        to such transaction or activity to the person.
            ``(2) Requests by candidates.--If an advisory opinion is 
        requested by a candidate, or any authorized committee of such 
        candidate, during the 60-day period before any election for 
        Federal office involving the requesting party, the 
        Administration shall render a written advisory opinion relating 
        to such request not later than 20 days after the Administration 
        receives a complete written request.
    ``(b) Rulemaking Required.--Any rule of law which is not stated in 
this Act or in chapter 95 or 96 of the Internal Revenue Code of 1986 
may be initially proposed by the Administration only as a rule or 
regulation pursuant to procedures established in section 365. No 
opinion of an advisory nature may be issued by the Administration or 
any other officer or employee of the Administration except in 
accordance with the provisions of this section.
    ``(c) Reliance on Advisory Opinions.--
            ``(1) In general.--Any advisory opinion rendered by the 
        Administration under subsection (a) may be relied upon by--
                    ``(A) any person involved in the specific 
                transaction or activity with respect to which such 
                advisory opinion is rendered; and
                    ``(B) any person involved in any specific 
                transaction or activity which is indistinguishable in 
                all its material aspects from the transaction or 
                activity with respect to which such advisory opinion is 
                rendered.
            ``(2) Protection from liability.--Notwithstanding any other 
        provisions of law, any person who relies upon any provision or 
        finding of an advisory opinion in accordance with the 
        provisions of paragraph (1) and who acts in good faith in 
        accordance with the provisions and findings of such advisory 
        opinion shall not, as a result of any such act, be subject to 
        any sanction provided by this Act or by chapter 95 or 96 of the 
        Internal Revenue Code of 1986.
    ``(d) Notice and Comment.--
            ``(1) Publication of requests.--The Administration shall 
        make public any request made under subsection (a) for an 
        advisory opinion.
            ``(2) Opportunity to comment.--
                    ``(A) Written comments.--Before rendering an 
                advisory opinion, the Administration shall accept 
                written comments submitted by any interested party 
                within the 10-day period following the date on which 
                the request is made public.
                    ``(B) Testimony.--To the extent that the Commission 
                provides an opportunity for a person requesting an 
                advisory opinion under this section (or counsel for 
                such person) to appear before the Commission to present 
                testimony in support of the request, and the person (or 
                counsel) accepts such opportunity, the Commission shall 
                provide a reasonable opportunity for an interested 
                party who submitted written comments under subparagraph 
                (A) in response to the request (or counsel for such 
                interested party) to appear before the Commission to 
                present testimony in response to the request.
    ``(e) Judicial Review.--
            ``(1) In general.--Any person adversely affected by an 
        advisory opinion rendered by the Administration may obtain 
        judicial review of such advisory opinion by filing a petition 
        in the United States Court of Appeals for the District of 
        Columbia Circuit.
            ``(2) Scope of review.--For purposes of conducting the 
        judicial review described in paragraph (1), the provisions of 
        section 706 of title 5, United States Code, shall apply.

``SEC. 364. ISSUANCE AND ENFORCEMENT OF SUBPOENAS.

    ``(a) Issuance by the Chair.--If the Administration is conducting 
an investigation pursuant to section 371 or 372, the Chair shall, on 
behalf of the Administration, have the power to require by subpoena the 
attendance and testimony of witnesses and the production of all 
documentary evidence relating to the execution of the Administration's 
duties.
    ``(b) Issuance by an Administrative Law Judge.--Any administrative 
law judge presiding over an enforcement action pursuant to section 373 
shall have the power to require by subpoena the attendance and 
testimony of witnesses and the production of all documentary evidence 
relating to the administrative law judge's duties.
    ``(c) Issuance and Enforcement of Subpoenas.--
            ``(1) Issuance.--Subpoenas issued under subsection (a) or 
        (b) shall bear the signature of the Chair or an administrative 
        law judge, respectively, and shall be served by any person or 
        class of persons designated by the Chair or administrative law 
        judge for that purpose.
            ``(2) Enforcement.--In the case of contumacy or failure to 
        obey a subpoena issued under subsection (a) or (b), the Federal 
        district court for the judicial district in which the 
        subpoenaed person resides, is served, or may be found may issue 
        an order requiring such person to appear at any designated 
        place to testify or to produce documentary or other evidence. 
        Any failure to obey the order of the court may be punished by 
        the court as a contempt of that court.
    ``(d) Witness Allowances and Fees.--Section 1821 of title 28, 
United States Code, shall apply to witnesses requested or subpoenaed to 
appear at any hearing of the Administration. The per diem and mileage 
allowances for witnesses shall be paid from funds available to pay the 
expenses of the Administration.
    ``(e) Jurisdiction.--Subpoenas for witnesses who are required to 
attend a Federal district court may run into any other district.

``SEC. 365. RULEMAKING AUTHORITY.

    ``(a) In General.--The Administration may, pursuant to the 
provisions of chapter 5 of title 5, United States Code, prescribe such 
rules and regulations as the Administration deems necessary to carry 
out the provisions of this Act and chapters 95 and 96 of the Internal 
Revenue Code of 1986, including the authority to promulgate rules of 
practice and procedure for agency adjudications.
    ``(b) Authority To Promulgate Independent Regulations.--Whenever 
the Administration promulgates any regulation, it shall not be required 
to submit such regulation for review or approval to the President or 
the Office of Management and Budget.
    ``(c) Conduct of Activities.--The Administration shall prepare 
written rules for the conduct of its activities, including procedures 
for the conduct of enforcement actions under sections 371, 372, and 
373.
    ``(d) Forms.--
            ``(1) In general.--The Administration shall prescribe forms 
        necessary to implement this Act and chapters 95 and 96 of the 
        Internal Revenue Code of 1986.
            ``(2) Public protection.--Any forms prescribed by the 
        Administration under paragraph (1), and any information-
        gathering activities of the Administration under this Act, 
        shall not be subject to the provisions of section 3512 of title 
        44, United States Code.
    ``(e) Reliance Upon Rules and Regulations.--Notwithstanding any 
other provision of law, any person who relies upon any rule or 
regulation prescribed by the Administration in accordance with the 
provisions of this section and who acts in good faith in accordance 
with such rule or regulation shall not, as a result of such act, be 
subject to any sanction provided by this Act or by chapter 95 or 96 of 
the Internal Revenue Code of 1986.
    ``(f) Consultation With IRS.--In prescribing rules, regulations, 
and forms under this section, the Administration and the Secretary of 
the Treasury shall consult and work together to promulgate rules, 
regulations, and forms which are mutually consistent. The 
Administration shall report to Congress annually on the steps it has 
taken to comply with this subsection.
    ``(g) Judicial Review.--
            ``(1) In general.--Any person adversely affected by a rule, 
        regulation, or form promulgated by the Administration may 
        obtain judicial review of such rule, regulation, or form by 
        filing a petition in the United States Court of Appeals for the 
        District of Columbia Circuit.
            ``(2) Scope of review.--For purposes of conducting the 
        judicial review described in paragraph (1), the provisions of 
        section 706 of title 5, United States Code, shall apply.
    ``(h) Rule and Regulation Defined.--In this Act, the terms `rule' 
and `regulation' mean a provision or series of interrelated provisions 
stating a single, separable rule of law.

``SEC. 366. LITIGATION AUTHORITY.

    ``(a) In General.--Notwithstanding sections 516 and 518 of title 
28, United States Code, and section 3106 of title 5, United States 
Code, the Administration is authorized to bring, appear in, defend 
against, and appeal any action instituted under this Act or chapter 95 
or 96 of the Internal Revenue Code of 1986, in any court either--
            ``(1) by attorneys employed by the Administration; or
            ``(2) by counsel whom it may appoint, on a temporary basis 
        as may be necessary for such purpose, without regard to the 
        provisions of title 5, United States Code, governing 
        appointments in the competitive service, and whose compensation 
        it may fix without regard to the provisions of chapter 51 and 
        subchapter III of chapter 53 of such title.
    ``(b) Compensation of Appointed Counsel.--The compensation of 
counsel appointed on a temporary basis under subsection (a)(2) shall be 
paid out of any funds otherwise available to pay the compensation of 
employees of the Administration.
    ``(c) Independence From Attorney General.--In pursuing an action 
under this section, the Administration may act independently of the 
Attorney General.

``SEC. 367. AVAILABILITY OF REPORTS.

    ``(a) In General.--The Administration shall--
            ``(1) prepare, publish, and furnish to all persons required 
        to file reports and statements under this Act a manual 
        recommending uniform methods of bookkeeping and reporting;
            ``(2) develop a filing, coding, and cross-indexing system 
        consistent with the purposes of this Act;
            ``(3) within 48 hours after the time of the receipt by the 
        Administration of reports and statements filed with the 
        Administration, make them available for public inspection, and 
        copying, at the expense of the person requesting such copying, 
        except that any information copied from such reports or 
        statements may not be sold or used by any person for the 
        purpose of soliciting contributions or for commercial purposes, 
        other than using the name and address of any political 
        committee to solicit contributions from such committee;
            ``(4) keep such designations, reports, and statements for a 
        period of 10 years from the date of receipt and maintain 
        computerized records of such designations, reports, and 
        statements thereafter;
            ``(5)(A) compile and maintain a cumulative index of 
        designations, reports, and statements filed under this Act, 
        publish the index at regular intervals, and make the index 
        available for purchase directly or by mail;
            ``(B) compile, maintain, and revise a separate cumulative 
        index of reports and statements filed by multicandidate 
        committees, including in such index a list of multicandidate 
        committees; and
            ``(C) compile and maintain a list of multicandidate 
        committees, which shall be revised and made available monthly;
            ``(6) prepare and publish periodically lists of authorized 
        committees which fail to file reports as required by this Act; 
        and
            ``(7) serve as a national clearinghouse for the compilation 
        of information and review of procedures with respect to the 
        administration of Federal elections.
    ``(b) Pseudonyms.--For purposes of subsection (a)(3), a political 
committee may submit 10 pseudonyms on each report filed in order to 
protect against the illegal use of names and addresses of contributors, 
but only if such committee attaches a list of such pseudonyms to the 
appropriate report. The Administration shall exclude these lists from 
the public record.
    ``(c) Contracts.--The Administration may enter into contracts for 
the purpose of performing the duties described in subsection (a).
    ``(d) Availability of Reports.--Reports or other information 
described in subsection (a) shall be available to the public, except 
that--
            ``(1) copies shall be made available without cost, upon 
        request, to agencies and branches of the Federal Government; 
        and
            ``(2) information made available as a result of the 
        application of paragraph (7) of such subsection shall be made 
        available to the public only upon the payment of the cost 
        thereof.

``SEC. 368. AUDITS AND FIELD EXAMINATIONS.

    ``(a) In General.--The Administration may, in accordance with the 
provisions of this section, conduct audits and field investigations of 
any political committee required to file a report under section 304.
    ``(b) Priority.--All audits and field investigations concerning the 
verification for, and receipt and use of, any payments received by a 
candidate or committee under chapter 95 or 96 of the Internal Revenue 
Code of 1986 shall be given priority.
    ``(c) Audits and Field Examinations Where Thresholds Not Met.--
            ``(1) Internal review.--The Administration shall conduct an 
        internal review of reports filed by selected committees to 
        determine if the reports filed by a particular committee meet 
        the threshold requirements for substantial compliance with the 
        Act. Such thresholds for compliance shall be established by the 
        Administration.
            ``(2) Audits and field examinations.--The Administration 
        may vote to conduct an audit and field investigation of any 
        committee which it determines under paragraph (1) does not meet 
        the threshold requirements established by the Administration. 
        Such audits shall be commenced within 30 days of such vote, 
        except that any audit under the provisions of this subsection 
        of an authorized committee of a candidate shall be commenced 
        within 6 months of the election for which such committee is 
        authorized.
    ``(d) Random Audits.--
            ``(1) In general.--In addition to any audits conducted 
        under subsection (c), the Administration may, subject to 
        paragraph (2), conduct audits of any committee selected at 
        random to ensure compliance with this Act. The selection of any 
        committee under this paragraph shall be based on standards and 
        procedures adopted by the Administration, except that in any 
        calendar year such audits may be initiated against no more than 
        3 percent of all authorized candidate campaign committees.
            ``(2) Applicable rules.--
                    ``(A) In general.--If the Administration selects a 
                committee for audit under paragraph (1), the 
                Administration shall promptly notify the committee of 
                the selection and commence the audit within 30 days of 
                the selection.
                    ``(B) Special rules for authorized committees.--If 
                the committee selected under paragraph (1) is an 
                authorized committee of a candidate, the audit--
                            ``(i) shall be commenced and actively 
                        undertaken within 6 months of the election for 
                        which the committee is authorized; and
                            ``(ii) may examine compliance with this Act 
                        only with respect to that election.
            ``(3) Exception.--This subsection shall not apply to an 
        authorized committee of a candidate for President or Vice 
        President subject to audit under section 9007 or 9038 of the 
        Internal Revenue Code of 1986.

``SEC. 369. CONGRESSIONAL OVERSIGHT.

    ``Nothing in this Act shall be construed to limit, restrict, or 
diminish any investigatory, informational, oversight, supervisory, or 
disciplinary authority or function of Congress or any committee of 
Congress with respect to elections for Federal office.

                        ``CHAPTER 3--ENFORCEMENT

``SEC. 371. INITIATION OF ENFORCEMENT ACTIONS BY ADMINISTRATION.

    ``(a) In General.--The Administration may initiate a civil 
enforcement action under section 373 if, after conducting an 
investigation, the Administration finds reasonable grounds to believe 
that a violation of this Act or of chapter 95 or 96 of the Internal 
Revenue Code of 1986 has occurred or is about to occur.
    ``(b) Basis for Findings.--The Administration may make a finding 
under subsection (a) based on any information available to the 
Administration, including the filing of a complaint under section 372.
    ``(c) Notice and Opportunity To Demonstrate No Violation.--Prior to 
initiating an enforcement action under subsection (a), the 
Administration shall give any person under investigation notice and the 
opportunity to demonstrate that there are no reasonable grounds to 
believe a violation has occurred or is about to occur, but the 
Administration's decision on such matter shall not be subject to 
judicial review.

``SEC. 372. COMPLAINT TO INITIATE ENFORCEMENT ACTION.

    ``(a) Filing of Complaint.--
            ``(1) In general.--Any person may file a complaint with the 
        Administration alleging a violation of this Act or of chapter 
        95 or 96 of the Internal Revenue Code of 1986.
            ``(2) Technical requirements.--A complaint filed under 
        paragraph (1) shall be--
                    ``(A) in writing, signed, and sworn to by the 
                person filing such complaint;
                    ``(B) notarized; and
                    ``(C) made under penalty of perjury and subject to 
                the provisions of section 1001 of title 18, United 
                States Code.
            ``(3) Action by the administration.--Subject to paragraph 
        (4), based on the allegations in a complaint filed under 
        paragraph (1), and such investigations the Administration deems 
        necessary and appropriate, the Administration may--
                    ``(A) initiate a civil enforcement action under 
                section 373 if the Administration finds reasonable 
                grounds to believe a violation has occurred or is about 
                to occur; or
                    ``(B) dismiss the complaint.
            ``(4) Prohibition of anonymous complaints.--The Commission 
        may not conduct any investigation or take any other action 
        under this section solely on the basis of a complaint of a 
        person whose identity is not disclosed to the Administration.
            ``(5) Recovery of costs.--Any person who has filed a 
        complaint under paragraph (1) shall be entitled to recover from 
        the Administration up to $1,000 of the costs incurred in 
        preparing and filing the complaint if, based on the complaint, 
        the Administration--
                    ``(A) makes a finding under section 373(a) that a 
                person has violated (or is about to violate) the Act; 
                or
                    ``(B) enters into a conciliation agreement with a 
                person under section 373(c).
    ``(b) Notice and Opportunity To Demonstrate No Violation.--Prior to 
initiating an enforcement action under subsection (a)(3)(A), the 
Administration shall give any person named in a complaint notice and an 
opportunity to demonstrate that there are no reasonable grounds to 
believe a violation described in such subsection has occurred or is 
about to occur, but the Administration's determination under subsection 
(a)(3) shall not be subject to judicial review in an action brought by 
such person.
    ``(c) Failure by the Administration To Take Timely Action.--
            ``(1) In general.--If the Administration--
                    ``(A) dismisses a complaint filed under subsection 
                (a); or
                    ``(B) fails to initiate a civil enforcement action 
                under section 373 within 180 days of the filing of such 
                a complaint, the person filing the complaint under 
                subsection (a) may seek judicial review of the 
                Administration's dismissal, or failure to act, in 
                Federal district court in the District of Columbia or 
                in the district in which such person resides.
            ``(2) Scope of review.--The court shall review the 
        Administration's dismissal of the complaint or failure to act 
        in accordance with the provisions of section 706 of title 5, 
        United States Code.
            ``(3) Court orders.--The court may order the Administration 
        to initiate an enforcement action or to conduct a further 
        investigation of the complaint within a time set by the court.

``SEC. 373. CIVIL ENFORCEMENT ACTIONS.

    ``(a) In General.--The Administration shall have the authority to 
impose a civil monetary penalty under section 375, issue a cease-and-
desist order under section 376, or do both, if the Administration 
finds, by an order made on the record after notice and an opportunity 
for hearing before an administrative law judge pursuant to subchapter 
II of chapter 5 of title 5, United States Code, that a person has 
violated (or, in the case of a cease-and-desist order, has violated or 
is about to violate) this Act or chapter 95 or 96 of the Internal 
Revenue Code of 1986. The general counsel shall represent the 
Administration in any proceeding before an administrative law judge.
    ``(b) Notice and Request for Hearing.--
            ``(1) Notice.--If the Administration finds under section 
        371 or 372 that there are reasonable grounds to believe a 
        violation has occurred or is about to occur, the Administration 
        shall serve written notice of the charges on each respondent, 
        and shall conduct such further investigation as the 
        Administration deems necessary and appropriate.
            ``(2) Request for hearing.--Each respondent shall have an 
        opportunity to request, prior to the date that is 30 days after 
        the date on which the notice is received, a hearing on the 
        charges before an administrative law judge.
            ``(3) Effect of failure to request a hearing.--If no 
        hearing is requested, the Administration shall make a finding 
        on the charges, and shall issue whatever relief the 
        Administration deems appropriate under sections 375 and 376.
    ``(c) Conciliation.--
            ``(1) Procedures for entering into conciliation 
        agreements.--
                    ``(A) In general.--If the respondent requests a 
                hearing under subsection (b)(2), the Administration 
                shall attempt, for a period that does not exceed 60 
                days (or 15 days if the hearing is requested within 60 
                days of an election), to correct or prevent such 
                violation by informal methods of conference, 
                conciliation, and persuasion, and to enter into a 
                conciliation agreement with the respondent. In the case 
                of a hearing that is requested at a time other than 
                within 60 days of an election, the period for 
                conciliation shall not be less than 30 days unless an 
                agreement is reached before then.
                    ``(B) Inclusion of civil monetary penalties.--A 
                conciliation agreement may include a requirement that 
                the person involved in such conciliation shall pay a 
                civil monetary penalty that does not exceed the amounts 
                set forth in subsection (a) of section 375 or, in the 
                case of a knowing and willful violation, the amounts 
                set forth in subsection (b) of such section. The 
                conciliation agreement may also include the requirement 
                that the person involved consent to the terms of a 
                cease-and-desist order, as provided in section 376.
                    ``(C) Representation by general counsel.--The 
                general counsel shall represent the Administration in 
                any negotiations for a conciliation agreement and any 
                such conciliation agreement shall be subject to the 
                approval of the Administration.
                    ``(D) Bar to further action.--A conciliation 
                agreement, unless violated, is a complete bar to any 
                further action by the Administration.
            ``(2) Confidentiality.--No action by the Administration or 
        any other person, and no information derived in connection with 
        any conciliation attempt by the Administration may be made 
        public by the Administration, without the written consent of 
        the respondent, except that if a conciliation agreement is 
        agreed upon and signed by the Administration and the 
        respondent, the Administration shall make such agreement 
        public.
            ``(3) Violation of conciliation agreement.--In any case in 
        which a person has entered into a conciliation agreement with 
        the Administration under paragraph (1), the Administration may 
        institute a civil action for relief if the Administration 
        believes the person has violated any provision of such 
        conciliation agreement. Such civil action shall be brought in 
        the Federal district court for the district in which the 
        respondent resides or has its principal place of business, or 
        for the District of Columbia. Such court shall have 
        jurisdiction to issue any relief appropriate under sections 375 
        and 376. For the Administration to obtain relief in any such 
        action, the Administration need only establish that the person 
        has violated, in whole or in part, any requirement of such 
        conciliation agreement.
    ``(d) Hearing.--At the request of any respondent, a hearing on the 
charges served under subsection (b)(1) shall be conducted before an 
administrative law judge, who shall make such findings of fact and 
conclusions of law as the administrative law judge deems appropriate. 
The administrative law judge shall also have the authority to impose a 
civil monetary penalty on the respondent, issue a cease-and-desist 
order, or both. The decision of the administrative law judge shall 
constitute final agency action unless an appeal is taken under 
subsection (e).
    ``(e) Appeal to Administration.--
            ``(1) Right to appeal.--The general counsel and each 
        respondent shall each have a right to appeal to the 
        Administration from any final determination made by an 
        administrative law judge.
            ``(2) Review of alj determinations.--In the event of an 
        appeal under paragraph (1), the Administration shall review the 
        determination of the administrative law judge to determine 
        whether--
                    ``(A) a finding of material fact is not supported 
                by substantial evidence;
                    ``(B) a conclusion of law is erroneous;
                    ``(C) the determination of the administrative law 
                judge is contrary to law or to the duly promulgated 
                rules or decisions of the Administration;
                    ``(D) a prejudicial error of procedure was 
                committed; or
                    ``(E) the decision or the relief ordered is 
                otherwise arbitrary, capricious, or an abuse of 
                discretion.
            ``(3) Final agency action.--The decision of the 
        Administration shall constitute final agency action.
    ``(f) Judicial Review.--
            ``(1) In general.--Any party aggrieved by a final agency 
        action and who has exhausted all administrative remedies, 
        including requesting a hearing before an administrative law 
        judge and appealing an adverse decision of an administrative 
        law judge to the Administration, may obtain judicial review of 
        such action in the United States Court of Appeals for any 
        circuit wherein such person resides or has its principal place 
        of business, or in the United States Court of Appeals for the 
        District of Columbia Circuit.
            ``(2) Scope of review.--For purposes of conducting the 
        judicial review described in paragraph (1), the provisions of 
        section 706 of title 5, United States Code, shall apply.
            ``(3) Petition for judicial review.--To obtain judicial 
        review under paragraph (1), an aggrieved party described in 
        such paragraph shall file a petition with the court during the 
        30-day period beginning on the date on which the order was 
        issued. A copy of such petition shall be transmitted forthwith 
        by the clerk of the court to the Administration, and thereupon 
        the Administration shall file in the court the record upon 
        which the order complained of was entered, as provided in 
        section 2112 of title 28, United States Code.

``SEC. 374. NOTIFICATION OF NONFILERS.

    ``(a) Notification.--Before taking any action under section 373 
against any person who has failed to file a report required under 
section 304(a)(2)(A)(iii) for the calendar quarter immediately 
preceding the election involved, or in accordance with section 
304(a)(2)(A)(i), the Administration shall notify the person of such 
failure to file the required reports.
    ``(b) Opportunity for Response.--If a satisfactory response is not 
received within 4 business days after the date of notification, the 
Administration shall, pursuant to section 367(a)(6), publish before the 
election the name of the person and the report or reports such person 
has failed to file.

``SEC. 375. CIVIL MONETARY PENALTIES.

    ``(a) In General.--Any person who violates this Act, or chapter 95 
or 96 of the Internal Revenue Code of 1986, shall be liable to the 
United States for a civil monetary penalty for each violation which 
does not exceed the greater of $5,000 or an amount equal to any 
contribution or expenditure involved in such violation. Such penalty 
shall be imposed by the Administration pursuant to section 373.
    ``(b) Knowing and Willful Violations.--Any person who commits a 
knowing and willful violation of this Act, or of chapter 95 or 96 of 
the Internal Revenue Code of 1986, shall be liable to the United States 
for a civil monetary penalty for each violation which does not exceed 
the greater of $10,000 or an amount equal to 200 percent of any 
contribution or expenditure involved in such violation (or, in the case 
of a violation of section 320, which is not less than 300 percent of 
the amount involved in the violation and is not more than the greater 
of $50,000 or 1,000 percent of the amount involved in the violation). 
Such penalty shall be imposed by the Administration pursuant to section 
373.
    ``(c) Determination of Civil Monetary Penalty.--In determining the 
amount of a civil monetary penalty under this section with respect to a 
violation described in this section, the Administration or an 
administrative law judge shall take into account the nature, 
circumstances, extent, and gravity of the violation and, with respect 
to the violator, any prior violation, the degree of culpability, and 
such other matters as justice may require.
    ``(d) Referral to Attorney General.--
            ``(1) In general.--If the Administration determines that a 
        knowing and willful violation of this Act which is subject to 
        section 379, or a knowing and willful violation of chapter 95 
        or 96 of the Internal Revenue Code of 1986, has occurred or is 
        about to occur, the Administration may refer such apparent 
        violation to the Attorney General without regard to any 
        limitations set forth under section 373.
            ``(2) Reporting by the attorney general.--Whenever the 
        Administration refers an apparent violation to the Attorney 
        General, the Attorney General shall report to the 
        Administration any action taken by the Attorney General 
        regarding the apparent violation. Each report shall be 
        transmitted within 60 days after the date the Administration 
        refers an apparent violation, and every 30 days thereafter 
        until the final disposition of the apparent violation.

``SEC. 376. CEASE-AND-DESIST ORDERS.

    ``(a) In General.--If the Administration finds, after notice and 
opportunity for hearing under section 373, that any person is 
violating, has violated, or is about to violate any provision of this 
Act, or chapter 95 or 96 of the Internal Revenue Code of 1986, or any 
rule or regulation thereunder, the Administration may publish any 
findings and enter an order requiring such person, or any other person 
that is, was, or would be a cause of the violation due to an act or 
omission the person knew or should have known would contribute to such 
violation, to cease and desist from committing or causing such 
violation and any future violation of the same provision, rule, or 
regulation. Such order may, in addition to requiring a person to cease 
and desist from committing or causing a violation, require such person 
to comply (or to take steps to effect compliance) with such provision, 
rule, or regulation, upon such terms and conditions and within such 
time as the Administration may specify in such order.
    ``(b) Temporary Order.--Whenever the Administration determines that 
an alleged violation or threatened violation specified in the notice 
initiating a civil enforcement action under section 373, or the 
continuation thereof, is likely to result in violation of this Act, or 
of chapter 95 or 96 of the Internal Revenue Code of 1986, and 
substantial harm to the public interest, the Administration may apply 
to the Federal district court for the district in which the respondent 
resides or has its principal place of business, in which the alleged or 
threatened violation occurred or is about to occur, or for the District 
of Columbia, for a temporary restraining order or a preliminary 
injunction requiring the respondent to cease and desist from the 
violation or threatened violation and to take such action to prevent 
the violation or threatened violation. The Administration may apply for 
such order without regard to any limitation under section 373.

``SEC. 377. COLLECTION.

    ``If any person fails to pay an assessment of a civil penalty--
            ``(1) after the order making the assessment has become a 
        final order and such person has not timely filed a petition for 
        judicial review of the order in accordance with section 
        373(f)(3) or if the order of the Administration is upheld after 
        judicial review; or
            ``(2) after a court in an action brought under section 
        373(c)(3) has entered a final judgment no longer subject to 
        appeal in favor of the Administration,
the Attorney General shall recover the amount assessed (plus interest 
at currently prevailing rates from the date of the expiration of the 
30-day period referred to in section 373(f)(3) or the date of such 
final judgment, as the case may be) in an action brought in any 
appropriate district court of the United States. In such an action, the 
validity, amount, and appropriateness of such penalty shall not be 
subject to review.

``SEC. 378. CONFIDENTIALITY.

    ``(a) Prior to a Finding of Reasonable Grounds.--Any proceedings 
conducted by the Administration prior to a finding that there are 
reasonable grounds to believe a violation of the law has occurred or is 
about to occur, including any investigation pursuant to section 371 or 
pursuant to a complaint filed under section 372, shall be confidential 
and none of the Administration's records concerning the complaint shall 
be made public, except that the person filing a complaint pursuant to 
section 372 is permitted to make such complaint public.
    ``(b) After a Finding of Reasonable Grounds.--Except as provided in 
subsection (d), if the Administration makes a finding pursuant to 
section 371 or 372 that there are reasonable grounds to believe that a 
violation of law has occurred or is about to occur--
            ``(1) the finding of the Administration as well as any 
        complaint filed under section 372, any notice of charges, and 
        any answer or similar documents filed with the Administration 
        shall be made public; and
            ``(2) all proceedings conducted before an administrative 
        law judge under section 373, and all documents used during such 
        proceedings, shall be made public.
    ``(c) After Dismissal of a Complaint or Conclusion of Proceedings 
Following a Finding of Reasonable Grounds.--Subject to subsection (d), 
following the Administration's dismissal of a complaint filed under 
section 372 or the termination of proceedings following a finding of 
reasonable grounds under section 371 or 372, the Administration shall, 
not later than the date that is 30 days after such dismissal or 
termination, make public--
            ``(1) the complaint, any notice of charges, and any answer 
        or similar documents filed with the Administration (unless such 
        information has already been made public under subsection 
        (b)(1));
            ``(2) any order setting forth the Administration's final 
        action on the complaint;
            ``(3) any findings made by the Administration in relation 
        to the action; and
            ``(4) all documentary materials and testimony constituting 
        the record on which the Administration relied in taking its 
        actions.
Subject to subsection (d), the affirmative disclosure requirement of 
this subsection is without prejudice to the right of any person to 
request and obtain records relating to an investigation under section 
552 of title 5, United States Code.
    ``(d) Confidentiality of Records and Proceedings Otherwise Subject 
to Disclosure.--
            ``(1) In general.--The Administration shall issue 
        regulations providing for the protection of information the 
        disclosure of which under subsection (b) or (c) would impair 
        any person's constitutionally protected right of privacy, 
        freedom of speech, or freedom of association. The 
        Administration shall also issue regulations addressing the 
        application of exemptions from disclosure contained in section 
        552 of title 5, United States Code, to records comprising the 
        Administration's investigative files. Such regulations shall 
        consider the need to protect any person's constitutionally 
        protected rights to privacy, freedom of speech, and freedom of 
        association, as well as the need to make information about the 
        Administration's activities and decisions widely accessible to 
        the public.
            ``(2) Petition to maintain confidentiality.--
                    ``(A) In general.--Any person who would be 
                adversely affected by any disclosure of information 
                about the person made pursuant to subsection (b) or 
                (c), or by the conduct in public of a hearing or other 
                proceeding conducted pursuant to section 373, shall 
                have the right to petition the Administration to 
                maintain the confidentiality of such information or 
                such proceeding on the ground that such information 
                falls within the scope of any exemption from disclosure 
                contained in section 552 of title 5, United States 
                Code, or is prohibited from disclosure under the 
                Administration's regulations, the Constitution, or any 
                other provision of law. Upon the receipt of such 
                petition, the Administration shall make a prompt 
                determination whether the information should be kept 
                confidential, and shall withhold such information from 
                disclosure pending this determination. The 
                Administration shall notify the petitioner in writing 
                of the determination.
                    ``(B) Regulations.--The Administration shall 
                prescribe regulations governing the consideration of 
                petitions under this paragraph. Such regulations shall 
                provide for public notice of the pendancy of any 
                petition filed under subparagraph (A) and the right of 
                any interested party to respond to or comment on such 
                petition.
    ``(e) Penalties.--Any member or employee of the Administration, or 
any other person, who violates the provisions of this section shall be 
fined not more than $2,000. Any such member, employee, or other person 
who knowingly and willfully violates the provisions of this section 
shall be fined not more than $5,000.

``SEC. 379. CRIMINAL PENALTIES.

    ``(a) Knowing and Willful Violations.--Any person who knowingly and 
willfully commits a violation of any provision of this Act that 
involves the making, receiving, or reporting of any contribution, 
donation, or expenditure--
            ``(1) aggregating $25,000 or more during a calendar year 
        shall be fined under title 18, United States Code, or 
        imprisoned for not more than 5 years, or both; or
            ``(2) aggregating $2,000 or more (but less than $25,000) 
        during a calendar year shall be fined under such title, or 
        imprisoned for not more than 1 year, or both.
    ``(b) Contributions or Expenditures by National Banks, 
Corporations, or Labor Organizations.--In the case of a knowing and 
willful violation of section 316(b)(3), the penalties set forth in 
subsection (a) shall apply to each violation involving an amount 
aggregating $250 or more during a calendar year. Such a violation of 
section 316(b)(3) may incorporate a violation of section 317(a), 320, 
or 321.
    ``(c) Fraudulent Misrepresentation of Campaign Authority.--In the 
case of a knowing and willful violation of section 322, the penalties 
set forth in subsection (a) shall apply without regard to whether the 
making, receiving, or reporting of a contribution or expenditure of 
$1,000 or more is involved.
    ``(d) Prohibition of Contributions in Name of Another.--Any person 
who knowingly and willfully commits a violation of section 320 
involving an amount aggregating more than $10,000 during a calendar 
year shall be--
            ``(1) imprisoned for not more than 2 years if the amount is 
        less than $25,000 and subject to imprisonment under subsection 
        (a) if the amount is $25,000 or more;
            ``(2) fined not less than 300 percent of the amount 
        involved in the violation and not more than the greater of--
                    ``(A) $50,000; or
                    ``(B) 1,000 percent of the amount involved in the 
                violation; or
            ``(3) both imprisoned as provided under paragraph (1) and 
        fined as provided under paragraph (2).
    ``(e) Effect of Conciliation Agreements.--
            ``(1) Evidence of lack of knowledge and intent.--In any 
        criminal action brought for a violation of any provision of 
        this Act or of chapter 95 or 96 of the Internal Revenue Code of 
        1986, any defendant may evidence their lack of knowledge or 
        intent to commit the alleged violation by introducing as 
        evidence a conciliation agreement entered into between the 
        defendant and the Administration under section 373(c)(1) which 
        specifically deals with the act or failure to act constituting 
        such violation and which is still in effect.
            ``(2) Consideration by courts.--In any criminal action 
        brought for a violation of any provision of this Act or of 
        chapter 95 or 96 of the Internal Revenue Code of 1986, the 
        court before which such action is brought shall take into 
        account, in weighing the seriousness of the violation and in 
        considering the appropriateness of the penalty to be imposed if 
        the defendant is found guilty, whether--
                    ``(A) the specific act or failure to act which 
                constitutes the violation for which the action was 
                brought is the subject of a conciliation agreement 
                entered into between the defendant and the 
                Administration under section 373(c)(1);
                    ``(B) the conciliation agreement is in effect; and
                    ``(C) the defendant is, with respect to the 
                violation involved, in compliance with the conciliation 
                agreement.

``SEC. 380. PERIOD OF LIMITATIONS.

    ``No person shall be prosecuted, tried, or punished for any 
violation of this Act, unless the indictment is found or the 
information is instituted within 5 years after the date of the 
violation.

``SEC. 381. AUTHORIZATION OF APPROPRIATIONS.

    ``For each fiscal year, there are authorized to be appropriated to 
the Administration such sums as may be necessary for the purpose of 
carrying out its functions under this Act and under chapters 95 and 96 
of the Internal Revenue Code of 1986.''.

SEC. 1112. EXECUTIVE SCHEDULE POSITIONS.

    (a) Executive Schedule Level III Position.--Section 5314 of title 
5, United States Code, is amended by adding at the end the following:
            ``Chair, Federal Election Administration.''.
    (b) Executive Schedule Level IV Positions.--Section 5315 of title 
5, United States Code, is amended by adding at the end the following:
            ``Members (other than the Chair), Federal Election 
        Administration.
            ``Inspector General, Federal Election Administration.''.

SEC. 1113. GAO EXAMINATION OF ENFORCEMENT OF CAMPAIGN FINANCE LAWS BY 
              THE DEPARTMENT OF JUSTICE.

    (a) Examination.--The Comptroller General of the United States 
shall conduct a thorough examination of the enforcement of the criminal 
provisions of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30101 et seq.) and chapters 95 and 96 of the Internal Revenue Code of 
1986 by the Attorney General.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, the Comptroller General shall submit to the Attorney General 
and Congress a report on the examination conducted under subsection (a) 
together with recommendations on how the Attorney General may improve 
the enforcement of the criminal provisions of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101 et seq.) and chapters 95 and 96 
of the Internal Revenue Code of 1986, including recommendations on the 
resources that the Attorney General would require to effectively 
enforce such criminal provisions.

SEC. 1114. GAO STUDY AND REPORT ON APPROPRIATE FUNDING LEVELS.

    (a) Study.--The Comptroller General of the United States shall 
conduct an ongoing study on the level of funding that constitutes an 
adequate level of resources for the Federal Election Administration to 
competently execute the responsibilities imposed on the Administration 
by this Act and the amendments made by this Act.
    (b) Report.--Not later than 1 year after the date of enactment of 
this Act, and once every 2 years thereafter, the Comptroller General 
shall submit to the Director of the Office of Management and Budget and 
Congress a report on the study conducted under subsection (a) together 
with recommendations for such legislation and administrative action as 
the Comptroller General determines to be appropriate.

SEC. 1115. CONFORMING AMENDMENTS.

    (a) Independent Agency.--Section 104 of title 5, United States 
Code, is amended--
            (1) in paragraph (1), by striking ``and'' after the 
        semicolon;
            (2) in paragraph (2), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) the Federal Election Administration.''.
    (b) Coverage Under Inspector General Act.--Section 8G(a)(2) of the 
Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking 
``Federal Election Commission'' and inserting ``Federal Election 
Administration''.
    (c) Coverage of Personnel Under Hatch Act.--Section 7323(b) of 
title 5, United States Code, is amended--
            (1) in paragraph (1), by striking ``Federal Election 
        Commission'' and inserting ``Federal Election Administration''; 
        and
            (2) in paragraph (2)(B)(i)(I), by striking ``Federal 
        Election Commission'' and inserting ``Federal Election 
        Administration''.
    (d) Removal of Exclusion From Senior Executive Service.--Section 
3132(a)(1) of title 5, United States Code, is amended by striking 
subparagraph (C) and by redesignating subparagraphs (D), (E), and (F) 
as subparagraphs (C), (D), and (E), respectively.
    (e) Subtitle A.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by inserting before section 
301 the following:

                  ``Subtitle A--General Provisions''.

                     PART II--TRANSITION PROVISIONS

SEC. 1121. TRANSFER OF FUNCTIONS OF FEDERAL ELECTION COMMISSION.

    There are transferred to the Federal Election Administration 
established under section 351 of the Federal Election Campaign Act of 
1971 (as added by section 1311) all functions that the Federal Election 
Commission exercised before the date described in section 1326(a).

SEC. 1122. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.

    (a) Property and Records.--The contracts, liabilities, records, 
property, and other assets and interests of, or made available in 
connection with, the offices and functions of the Federal Election 
Commission which are transferred by this subtitle are transferred to 
the Federal Election Administration.
    (b) Personnel.--The personnel employed in connection with the 
offices and functions of the Federal Election Commission which are 
transferred by this subtitle are transferred to the Federal Election 
Administration.

SEC. 1123. REPEALS.

    (a) Provisions of the Federal Election Campaign Act of 1971.--The 
following provisions of the Federal Election Campaign Act of 1971 are 
repealed:
            (1) Section 306 (52 U.S.C. 30106).
            (2) Section 307 (52 U.S.C. 30107).
            (3) Section 308 (52 U.S.C. 30108).
            (4) Section 309 (52 U.S.C. 30109).
            (5) Section 310 (52 U.S.C. 30110).
            (6) Section 311 (52 U.S.C. 30111).
            (7) Section 314 (52 U.S.C. 30115).
            (8) Section 406 (52 U.S.C. 30145).
    (b) Other Provisions.--Section 403 of the Bipartisan Campaign 
Reform Act of 2002 (52 U.S.C. 30110 note) is repealed.

SEC. 1124. CONFORMING AMENDMENTS.

    (a) Title III of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30101 et seq.) is amended--
            (1) in section 301, by striking paragraph (10) and 
        inserting the following:
    ``(10) The term `Administration' means the Federal Election 
Administration.'';
            (2) by striking ``Federal Election Commission'' and 
        inserting ``Administration'' each place it appears; and
            (3) by striking ``Commission'' and inserting 
        ``Administration'' each place it appears.
    (b) Section 3502(1)(B) of title 44, United States Code, is amended 
by striking ``Federal Election Commission'' and inserting ``Federal 
Election Administration''.
    (c) Section 207(j)(7)(B)(i) of title 18, United States Code, is 
amended by striking ``the Federal Election Commission by a former 
officer or employee of the Federal Election Commission'' and inserting 
``the Federal Election Administration by a former officer or employee 
of the Federal Election Commission or the Federal Election 
Administration''.
    (d) Section 103 of the Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended--
            (1) in subsection (e), by striking ``the Federal Election 
        Commission'' and inserting ``the Federal Election 
        Administration''; and
            (2) in subsection (k), by striking ``the Federal Election 
        Commission'' and inserting ``the Federal Election 
        Administration''.
    (e)(1) Section 9002(3) of the Internal Revenue Code of 1986 is 
amended to read as follows:
            ``(3) The term `Administration' means the Federal Election 
        Administration established under section 351 of the Federal 
        Election Campaign Act of 1971.''.
    (2) Chapter 95 of the Internal Revenue Code of 1986 is amended by 
striking ``Commission'' and inserting ``Administration'' each place it 
appears.
    (f)(1) Section 9032(3) of the Internal Revenue Code of 1986 is 
amended to read as follows:
            ``(3) The term `Administration' means the Federal Election 
        Administration established under section 351 of the Federal 
        Election Campaign Act of 1971.''.
    (2) Chapter 96 of the Internal Revenue Code of 1986 is amended by 
striking ``Commission'' and inserting ``Administration'' each place it 
appears.
    (g) Section 3(c) of the Voting Accessibility for the Elderly and 
Handicapped Act (52 U.S.C. 20102(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Federal Election Commission'' and 
                inserting ``Federal Election Administration''; and
                    (B) by striking ``Commission'' and inserting 
                ``Administration''; and
            (2) in paragraph (2), by striking ``Federal Election 
        Commission'' and inserting ``Federal Election Administration''.
    (h) Section 6(a)(9) of the Lobbying Disclosure Act 1995 (2 U.S.C. 
1605(a)(9)) is amended by striking ``the Federal Election Commission'' 
and inserting ``the Federal Election Administration''.

SEC. 1125. TREATMENT OF CERTAIN REGULATIONS.

    (a) Regulations on Disclosure of Electioneering Communications.--
            (1) In general.--Effective on the date that is 90 days 
        after enactment of this Act, the regulations on disclosure of 
        electioneering communications adopted by the Federal Election 
        Commission and published in the Federal Register at page 419 of 
        volume 68 on January 3, 2003, and at page 5057 of volume 68 on 
        January 31, 2003, as amended at page 72913 of volume 72 on 
        December 26, 2007, are repealed.
            (2) New regulations.--Not later than 90 days after the date 
        of the enactment of this Act, the Federal Election Commission 
        shall promulgate new regulations on disclosure of 
        electioneering communications under section 304(f) of the 
        Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)). The 
        regulations promulgated under this paragraph shall require the 
        disclosure of the identification of all persons who make a 
        contribution to a person who makes an electioneering 
        communication and shall not limit such disclosure to only to 
        persons who make contributions for the purpose of furthering 
        electioneering communications, or any similar limitation on the 
        scope of such disclosure.
    (b) Regulations on Solicitations at Non-Federal Fundraising 
Events.--
            (1) In general.--Effective on the date that is 90 days 
        after the date of the enactment of this Act, the regulations on 
        participation by Federal candidates and officeholders at non-
        Federal fundraising events adopted by the Federal Election 
        Commission and published in the Federal Register at page 24383 
        of volume 75 on May 5, 2010, are repealed.
            (2) New regulations.--Not later than 90 days after 
        enactment of this Act, the Federal Election Commission shall 
        promulgate new regulations on participation by Federal 
        candidates and officeholders in non-Federal fundraising events. 
        The regulations shall limit the participation by Federal 
        candidates and officeholders in such events to attending, 
        speaking, or being a featured guest at a fundraising event for 
        a State, district, or local committee of a political party, and 
        shall not allow Federal candidates and officeholders to 
        participate in or solicit funds at any other fundraising event 
        where non-Federal funds are raised.

SEC. 1126. EFFECTIVE DATE.

    (a) In General.--Except as provided in section 1125, this subtitle 
and the amendments made by this subtitle shall take effect on the date 
that is 6 months after the date of enactment of this Act.
    (b) Termination of the Federal Election Commission.--
Notwithstanding any other provision of, or amendment made by, this 
subtitle, the members of the Federal Election Commission shall be 
removed from office on the date described in subsection (a).

                      Subtitle C--Lobbying Reform

SEC. 1201. LOBBYIST REGISTRATION REFORMS.

    Section 3(10) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
1602(10)) is amended by striking ``contact, other than'' and all that 
follows through ``3-month period.'' and inserting ``contact over a 2-
year period.''.

                   Subtitle D--Revolving Door Reform

SEC. 1301. SHORT TITLE.

    This subtitle may be cited as the ``Financial Services Conflict of 
Interest Act''.

SEC. 1302. RESTRICTIONS ON PRIVATE SECTOR PAYMENT FOR GOVERNMENT 
              SERVICE.

    Section 209 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``any salary'' and inserting ``any 
                bonus, salary''; and
                    (B) by striking ``his services'' and inserting 
                ``services rendered or to be rendered''; and
            (2) in subsection (b)--
                    (A) by inserting ``(1)'' after ``(b)''; and
                    (B) by adding at the end the following:
    ``(2) For purposes of paragraph (1), a pension, retirement, group 
life, health or accident insurance, profit-sharing, stock bonus, or 
other employee welfare or benefit plan that makes payment of 
compensation contingent on accepting a position in the Federal 
Government shall not be considered bona fide.
    ``(3) For purposes of paragraph (2), compensation includes a 
retention award or bonus, severance pay, and any other payment linked 
to future service in the Federal Government in any way.''.

SEC. 1303. REQUIREMENTS RELATING TO SLOWING THE REVOLVING DOOR AMONG 
              FINANCIAL SERVICES REGULATORS.

    (a) In General.--The Ethics in Government Act of 1978 (5 U.S.C. 
App.) is amended by adding at the end the following:

   ``TITLE VI--SPECIAL REQUIREMENTS FOR FINANCIAL SERVICES REGULATORS

``SEC. 601. DEFINITIONS.

    ``(a) In General.--In this title, the terms `designated agency 
ethics official' and `executive branch' have the meanings given such 
terms under section 109.
    ``(b) Other Definitions.--In this title:
            ``(1) Covered financial services agency.--The term `covered 
        financial services agency'--
                    ``(A) means a primary financial regulatory agency 
                (as defined in section 2 of the Dodd-Frank Wall Street 
                Reform and Consumer Protection Act (12 U.S.C. 5301)); 
                and
                    ``(B) includes--
                            ``(i) the Board of Governors of the Federal 
                        Reserve System;
                            ``(ii) the Office of the Comptroller of the 
                        Currency;
                            ``(iii) the Federal Deposit Insurance 
                        Corporation;
                            ``(iv) the National Credit Union 
                        Administration;
                            ``(v) the Securities and Exchange 
                        Commission;
                            ``(vi) the Federal Housing Finance Agency;
                            ``(vii) the Bureau of Consumer Financial 
                        Protection;
                            ``(viii) the Commodity Futures Trading 
                        Commission; and
                            ``(ix) the Department of the Treasury.
            ``(2) Covered financial services regulator.--The term 
        `covered financial services regulator' means an officer or 
        employee of a covered financial services agency who occupies--
                    ``(A) a supervisory position classified above GS-15 
                of the General Schedule;
                    ``(B) in the case of a position not under the 
                General Schedule, a supervisory position for which the 
                rate of basic pay is not less than 120 percent of the 
                minimum rate of basic pay for GS-15 of the General 
                Schedule; or
                    ``(C) any other supervisory position determined to 
                be of equal classification by the Director of the 
                Office of Government Ethics.
            ``(3) Former client.--The term `former client'--
                    ``(A) means a person for whom a covered financial 
                services regulator served personally as an agent, 
                attorney, or consultant during the 2-year period ending 
                on the date (after such service) on which the covered 
                financial services regulator begins service in the 
                Federal Government; and
                    ``(B) does not include--
                            ``(i) instances in which the service 
                        provided was limited to a speech or similar 
                        appearance; or
                            ``(ii) a client of the former employer of 
                        the covered financial services regulator to 
                        whom the covered financial services regulator 
                        did not personally provide such services.
            ``(4) Former employer.--The term `former employer'--
                    ``(A) means a person for whom a covered financial 
                services regulator served as an employee, officer, 
                director, trustee, or general partner during the 2-year 
                period ending on the date (after such service) on which 
                the covered financial services regulator begins service 
                in the Federal Government; and
                    ``(B) does not include--
                            ``(i) an entity in the Federal Government, 
                        including an executive branch agency;
                            ``(ii) a State or local government;
                            ``(iii) the District of Columbia;
                            ``(iv) an Indian tribe, as defined in 
                        section 4 of the Indian Self-Determination and 
                        Education Assistance Act (25 U.S.C. 450b); or
                            ``(v) the government of a territory or 
                        possession of the United States.

``SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY STANDARDS FOR 
              FINANCIAL SERVICES REGULATORS.

    ``(a) In General.--A covered financial services regulator shall not 
make, participate in making, or in any way attempt to use the official 
position of the covered financial services regulator to influence a 
particular matter that provides a direct and substantial pecuniary 
benefit for a former employer or former client of the covered financial 
services regulator.
    ``(b) Recusal.--A covered financial services regulator shall recuse 
himself or herself from any official action that would violate 
subsection (a).
    ``(c) Waiver.--
            ``(1) In general.--The head of the covered financial 
        services agency employing a covered financial services 
        regulator, in consultation with the Director of the Office of 
        Government Ethics, may grant a written waiver of the 
        restrictions under subsection (a) if, and to the extent that, 
        the head of the covered financial services agency certifies in 
        writing that--
                    ``(A) the application of the restriction to the 
                particular matter is inconsistent with the purposes of 
                the restriction; or
                    ``(B) it is in the public interest to grant the 
                waiver.
            ``(2) Publication.--The Director of the Office of 
        Government Ethics shall make each waiver under paragraph (1) 
        publicly available on the Web site of the Office of Government 
        Ethics.

``SEC. 603. NEGOTIATING FUTURE PRIVATE SECTOR EMPLOYMENT.

    ``(a) Prohibition.--Except as provided in subsection (c), and 
notwithstanding any other provision of law, a covered financial 
services regulator may not participate in any particular matter which 
involves, to the knowledge of the covered financial services regulator, 
an individual or entity with whom the covered financial services 
regulator is in negotiations of future employment or has an arrangement 
concerning prospective employment.
    ``(b) Disclosure of Employment Negotiations.--
            ``(1) In general.--If a covered financial services 
        regulator begins any negotiations of future employment with 
        another person, or an agent or intermediary of another person, 
        or other discussion or communication with another person, or an 
        agent or intermediary of another person, mutually conducted 
        with a view toward reaching an agreement regarding possible 
        employment of the covered financial services regulator, the 
        covered financial services regulator shall notify the 
        designated agency ethics official of the covered financial 
        services agency employing the covered financial services 
        regulator regarding the negotiations, discussions, or 
        communications.
            ``(2) Information.--A designated agency ethics official 
        receiving notice under paragraph (1), after consultation with 
        the Director of the Office of Government Ethics, shall inform 
        the covered financial services regulator of any potential 
        conflicts of interest involved in any negotiations, 
        discussions, or communications with the other person and the 
        prohibitions applicable.
    ``(c) Waivers Only When Exceptional Circumstances Exist.--
            ``(1) In general.--The head of a covered financial services 
        agency may only grant a waiver of subsection (a) if the head 
        determines that exceptional circumstances exist.
            ``(2) Review and publication.--For any waiver granted under 
        paragraph (1), the Director of the Office of Government Ethics 
        shall--
                    ``(A) review the circumstances relating to the 
                waiver and the determination that exceptional 
                circumstances exist; and
                    ``(B) make the waiver publicly available on the Web 
                site of the Office of Government Ethics, which shall 
                include--
                            ``(i) the name of the private person or 
                        persons involved in the negotiations or 
                        arrangement concerning prospective employment; 
                        and
                            ``(ii) the date on which the negotiations 
                        or arrangements commenced.
    ``(d) Scope.--For purposes of this section, the term `negotiations 
of future employment' is not limited to discussions of specific terms 
or conditions of employment in a specific position.

``SEC. 604. RECORDKEEPING.

    ``The Director of the Office of Government Ethics shall--
            ``(1) receive all employment histories, recusal and waiver 
        records, and other disclosure records for covered executive 
        branch officials necessary for monitoring compliance to this 
        title;
            ``(2) promulgate rules and regulations, in consultation 
        with the Director of the Office of Personnel Management and the 
        Attorney General, for implementation of this title;
            ``(3) provide guidance and assistance where appropriate to 
        facilitate compliance with this title;
            ``(4) review and, where necessary, assist designated agency 
        ethics officers in providing advice to covered financial 
        services regulators regarding compliance with this title; and
            ``(5) if the Director determines that a violation of this 
        title may have occurred, and in consultation with the 
        designated agency ethics officer and the Counsel to the 
        President, refer the compliance case to the United States 
        Attorney for the District of Columbia for enforcement action.

``SEC. 605. PENALTIES AND INJUNCTIONS.

    ``(a) Criminal Penalties.--
            ``(1) In general.--Any person who violates section 602 or 
        603 shall be fined under title 18, United States Code, 
        imprisoned for not more than 1 year, or both.
            ``(2) Willful violations.--Any person who willfully 
        violates section 602 or 603 shall be fined under title 18, 
        United States Code, imprisoned for not more than 5 years, or 
        both.
    ``(b) Civil Enforcement.--
            ``(1) In general.--The Attorney General may bring a civil 
        action in the appropriate United States district court against 
        any person who violates, or who the Attorney General has reason 
        to believe is engaging in conduct that violates, section 602 or 
        603.
            ``(2) Civil penalty.--
                    ``(A) In general.--Upon proof by a preponderance of 
                the evidence that a person violated section 602 or 603, 
                the court shall impose a civil penalty of not more than 
                the greater of--
                            ``(i) $100,000 for each violation; or
                            ``(ii) the amount of compensation the 
                        person received or was offered for the conduct 
                        constituting the violation.
                    ``(B) Rule of construction.--A civil penalty under 
                this subsection shall be in addition to any other 
                criminal or civil statutory, common law, or 
                administrative remedy, available to the United States 
                or any other person.
            ``(3) Injunctive relief.--
                    ``(A) In general.--In a civil action brought under 
                paragraph (1) against a person, the Attorney General 
                may petition the court for an order prohibiting the 
                person from engaging in conduct that violates section 
                602 or 603. The court may issue such an order if the 
                court finds by a preponderance of the evidence that the 
                conduct of the person violates section 602 or 603.
                    ``(B) Rule of construction.--The filing of a 
                petition seeking injunctive relief under this paragraph 
                shall not preclude any other remedy which is available 
                by law to the United States or any other person.''.

SEC. 1304. PROHIBITION OF PROCUREMENT OFFICERS ACCEPTING EMPLOYMENT 
              FROM GOVERNMENT CONTRACTORS.

    (a) Expansion of Prohibition on Acceptance by Former Officials of 
Compensation From Contractors.--Section 2104 of title 41, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                            (i) by striking ``or consultant'' and 
                        inserting ``consultant, lawyer, or lobbyist''; 
                        and
                            (ii) by striking ``one year'' and inserting 
                        ``2 years''; and
                    (B) in paragraph (3), by striking ``personally made 
                for the Federal agency'' and inserting ``participated 
                personally and substantially in''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Prohibition on Compensation From Affiliates and 
Subcontractors.--A former official responsible for a Government 
contract referred to in paragraph (1), (2), or (3) of subsection (a) 
shall be prohibited from accepting compensation for two years after 
awarding such contract from any division, affiliate, or subcontractor 
of the contractor.''.
    (b) Requirement for Procurement Officers To Disclose Job Offers 
Made on Behalf of Relatives.--Section 2103(a) of title 41, United 
States Code, is amended in the matter preceding paragraph (1) by 
inserting after ``that official'' the following: ``, or for a relative 
(as defined in section 3110 of title 5) of that official,''.
    (c) Requirement on Award of Government Contracts to Former 
Employers.--
            (1) In general.--Chapter 21 of title 41, United States 
        Code, is amended by adding at the end the following:
``Sec. 2108. Prohibition on involvement by certain former contractor 
              employees in procurements
    ``An employee of the Federal Government may not be personally and 
substantially involved with any award of a contract to, or the 
administration of a contract awarded to, a contractor that is a former 
employer of the employee during the 2-year period beginning on the date 
on which the employee leaves the employment of the contractor.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 21 of title 41, United States Code, is 
        amended by adding at the end the following:

``2108. Prohibition on involvement by certain former contractor 
                            employees in procurements.''.
    (d) Regulations.--The Administrator for Federal Procurement Policy 
and the Director of the Office of Management and Budget shall--
            (1) in consultation with the Director of the Office of 
        Personnel Management and the Counsel to the President, 
        promulgate regulations to carry out and ensure the enforcement 
        of chapter 21 of title 41, United States Code, as amended by 
        this section; and
            (2) in consultation with designated agency ethics officers 
        (as defined under section 601 of the Ethics in Government Act 
        of 1978 (5 U.S.C. App.)), monitor compliance with such chapter 
        by individuals and agencies.

SEC. 1305. REVOLVING DOOR RESTRICTIONS ON FINANCIAL SERVICES REGULATORS 
              MOVING INTO THE PRIVATE SECTOR.

    (a) In General.--Section 207 of title 18, United States Code, is 
amended--
            (1) by redesignating subsections (e) through (l) as 
        subsections (f) through (m), respectively; and
            (2) by inserting after subsection (d) the following:
    ``(e) Restrictions on Employment for Financial Services 
Regulators.--
            ``(1) In general.--In addition to the restrictions set 
        forth in subsections (a), (b), (c), and (d), a covered 
        financial services regulator shall not--
                    ``(A) during the 2-year period beginning on the 
                date his or her employment as a covered financial 
                services regulator ceases--
                            ``(i) knowingly act as agent or attorney 
                        for, or otherwise represent, any other person 
                        for compensation (except the United States) in 
                        any formal or informal appearance before;
                            ``(ii) with the intent to influence, make 
                        any oral or written communication on behalf of 
                        any other person (except the United States) to; 
                        or
                            ``(iii) knowingly aid, advise, or assist 
                        in--
                                    ``(I) representing any other person 
                                (except the United States) in any 
                                formal or informal appearance before; 
                                or
                                    ``(II) making, with the intent to 
                                influence, any oral or written 
                                communication on behalf of any other 
                                person (except the United States) to,
                any court of the United States, or any officer or 
                employee thereof, in connection with any judicial or 
                other proceeding, which was actually pending under his 
                or her official responsibility as a covered financial 
                services regulator during the 1-year period ending on 
                the date his or her employment as a covered financial 
                services regulator ceases or in which he or she 
                participated personally and substantially as a covered 
                financial services regulator; or
                    ``(B) during the 2-year period beginning on the 
                date his or her employment as a covered financial 
                services regulator ceases--
                            ``(i) knowingly act as a lobbyist or agent 
                        for, or otherwise represent, any other person 
                        for compensation (except the United States) in 
                        any formal or informal appearance before;
                            ``(ii) with the intent to influence, make 
                        any oral or written communication or conduct 
                        any lobbying activities on behalf of any other 
                        person (except the United States) to; or
                            ``(iii) knowingly aid, advise, or assist 
                        in--
                                    ``(I) representing any other person 
                                (except the United States) in any 
                                formal or informal appearance before; 
                                or
                                    ``(II) making, with the intent to 
                                influence, any oral or written 
                                communication or conduct any lobbying 
                                activities on behalf of any other 
                                person (except the United States) to,
                any department or agency of the executive branch or 
                Congress (including any committee of Congress), or any 
                officer or employee thereof, in connection with any 
                matter which is pending before the department, agency, 
                or Congress.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be punished as provided in section 216.
            ``(3) Definitions.--In this subsection--
                    ``(A) the term `covered financial services 
                regulator' has the meaning given that term under 
                section 601 of the Ethics in Government Act of 1978 (5 
                U.S.C. App.); and
                    ``(B) the terms `lobbyist' and `lobbying 
                activities' have the meanings given such terms in 
                section 3 of the Lobbying Disclosure Act of 1995 (2 
                U.S.C. 1602).''.
    (b) Technical and Conforming Amendments.--
            (1) Section 103(a) of the Honest Leadership and Open 
        Government Act of 2007 (2 U.S.C. 4702(a)) is amended by 
        striking ``section 207(e)'' each place it appears and inserting 
        ``section 207(f)''.
            (2) Section 207 of title 18, United States Code, as amended 
        by subsection (a), is amended--
                    (A) in subsection (g), as so redesignated, by 
                striking ``or (e)'' and inserting ``or (f)'';
                    (B) in subsection (j)(1)(B), as so redesignated, by 
                striking ``subsection (f)'' and inserting ``subsection 
                (g)''; and
                    (C) in subsection (k), as so redesignated--
                            (i) in paragraph (2), in the matter 
                        preceding subparagraph (A), by striking ``and 
                        (e)'' and inserting ``(e), and (f)'';
                            (ii) in paragraph (4), by striking ``and 
                        (e)'' and inserting ``(e), and (f)''; and
                            (iii) in paragraph (7)--
                                    (I) in subparagraph (A), by 
                                striking ``and (e)'' and inserting 
                                ``(e), and (f)''; and
                                    (II) in subparagraph (B)(ii), in 
                                the matter preceding subclause (I), by 
                                striking ``subsections (c), (d), or 
                                (e)'' and inserting ``subsection (c), 
                                (d), (e), or (f)''.
            (3) Section 141(b)(3) of the Trade Act of 1974 (19 U.S.C. 
        2171(b)(3)) is amended by striking ``section 207(f)(3)'' and 
        inserting ``207(g)(3)''.
            (4) Section 7802(b)(3)(B) of the Internal Revenue Code of 
        1986 is amended by striking ``and (f) of section 207'' and 
        inserting ``and (g) of section 207''.
            (5) Section 106(p)(6)(I)(ii) of title 49, United States 
        Code, is amended by striking ``and (f) of section 207'' and 
        inserting ``and (g) of section 207''.

SEC. 1306. RESTRICTIONS ON FEDERAL EXAMINERS AND SUPERVISORS OF 
              FINANCIAL INSTITUTIONS.

    (a) In General.--Section 10(k) of the Federal Deposit Insurance Act 
(12 U.S.C. 1820(k)) is amended--
            (1) in the subsection heading--
                    (A) by striking ``One-Year'' and inserting ``Two-
                Year''; and
                    (B) by striking ``Examiners'' and inserting 
                ``Examiners and Supervisors'';
            (2) in paragraph (1)--
                    (A) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) served--
                            ``(i) not less than 2 months during the 
                        final 12 months of the employment of the person 
                        with such agency or entity as the senior 
                        examiner (or a functionally equivalent 
                        position) of a depository institution or 
                        depository institution holding company with 
                        continuing, broad responsibility for the 
                        examination (or inspection) of that depository 
                        institution or depository institution holding 
                        company on behalf of the relevant agency or 
                        Federal reserve bank; or
                            ``(ii) as a supervisor of the senior 
                        examiner with responsibility for managing the 
                        oversight of not more than 5 depository 
                        institutions or depository institution holding 
                        companies on behalf of the relevant agency or 
                        Federal reserve bank; and''; and
                    (B) in subparagraph (C)--
                            (i) in the matter preceding clause (i), by 
                        striking ``1 year'' and inserting ``2 years'';
                            (ii) in clause (i), by striking ``or'' and 
                        inserting a semicolon;
                            (iii) in clause (ii), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (iv) by adding at the end the following:
                            ``(iii) a business entity, firm, or 
                        association that represents the depository 
                        institution or depository institution holding 
                        company for compensation.'';
            (3) by redesignating paragraphs (2) through (6) as 
        paragraphs (3) through (7), respectively;
            (4) by inserting after paragraph (1) the following:
            ``(2) Application of penalties for supervisors.--A 
        supervisor of a large financial service regulatory agency or a 
        supervisor of a senior examiner shall be subject to the 
        penalties described in paragraph (7) if the supervisor of the 
        senior examiner or the senior examiner knowingly accepts 
        compensation during the period beginning on the date on which 
        the service of the supervisor or senior examiner is terminated 
        and ending on the date that is 2 years after the date on which 
        the service on which the service of the supervisor or senior 
        examiner is terminated--
                    ``(A) as--
                            ``(i) an employee;
                            ``(ii) an officer;
                            ``(iii) a director; or
                            ``(iv) a consultant; and
                    ``(B) from--
                            ``(i) a depository institution;
                            ``(ii) a depository institution holding 
                        company that is designated by the Financial 
                        Stability Oversight Council as a systemically 
                        important financial market utility under 
                        section 804 of the Payment, Clearing, and 
                        Settlement Supervision Act of 2010 (12 U.S.C. 
                        5463); or
                            ``(iii) a business entity, firm, or 
                        association that represents an institution 
                        described in clause (ii) for compensation.'';
            (5) in paragraph (4), as so redesignated, by striking ``or 
        other company.'' and inserting ``or other company, firm, or 
        association.''; and
            (6) in the matter preceding clause (i) of subparagraph (A) 
        of paragraph (7), as so redesignated, by striking ``other 
        company'' and inserting ``other company, firm, or 
        association''.
    (b) Technical and Conforming Amendments.--Section 10(k) of the 
Federal Deposit Insurance Act (12 U.S.C. 1820(k)) is amended--
            (1) in paragraph (1), by striking ``paragraph (6)'' and 
        inserting ``paragraph (7)'';
            (2) in paragraph (5)(A), as so redesignated, by inserting 
        ``and paragraph (2)'' before the period at the end; and
            (3) in paragraph (7), as so redesignated--
                    (A) in subparagraph (A)--
                            (i) by striking ``subject to paragraph 
                        (1)'' and inserting ``subject to paragraph (1) 
                        or (2)''; and
                            (ii) by striking ``paragraph (1)(C)'' and 
                        inserting ``paragraph (1)(C) or paragraph 
                        (2)''; and
                    (B) in subparagraph (C)--
                            (i) by striking ``person described in 
                        paragraph (1)'' and inserting ``person 
                        described in paragraph (1) or (2)''; and
                            (ii) by inserting ``paragraph (2)'' before 
                        the period at the end.

              Subtitle E--Addressing Conflicts of Interest

SEC. 1401. SHORT TITLE.

    This subtitle may be cited as the ``Presidential Conflicts of 
Interest Act of 2017''.

SEC. 1402. DIVESTITURE OF PERSONAL FINANCIAL INTERESTS OF THE PRESIDENT 
              AND VICE PRESIDENT THAT POSE A POTENTIAL CONFLICT OF 
              INTEREST.

    (a) Definitions.--
            (1) In general.--In this section--
                    (A) the term ``conflict-free holding'' means a 
                financial interest described in section 102(f)(8) of 
                the Ethics in Government Act of 1978 (5 U.S.C. App.);
                    (B) the term ``financial interest posing a 
                potential conflict of interest'' means a financial 
                interest of the President, the Vice President, the 
                spouse of the President or Vice President, or a minor 
                child of the President or Vice President, as 
                applicable, that--
                            (i) would constitute a financial interest 
                        described in subsection (a) of section 208 of 
                        title 18, United States Code--
                                    (I) if--
                                            (aa) for purposes of such 
                                        section 208, the terms 
                                        ``officer'' and ``employee'' 
                                        included the President and the 
                                        Vice President; and
                                            (bb) the President or Vice 
                                        President, as applicable, 
                                        participated as described in 
                                        subsection (a) of such section 
                                        208 in relation to such 
                                        financial interest; and
                                    (II) determined without regard to 
                                any exception under subsection (b) of 
                                such section 208; or
                            (ii) may constitute a present, emolument, 
                        office, or title, of any kind whatever, from 
                        any king, prince, or foreign state (including 
                        from an entity owned or controlled by a foreign 
                        government), within the meaning of article I, 
                        section 9 of the Constitution of the United 
                        States;
                    (C) the term ``qualified blind trust'' has the 
                meaning given that term in section 102(f)(3) of the 
                Ethics in Government Act of 1978 (5 U.S.C. App.), 
                unless otherwise specified in this Act; and
                    (D) the term ``tax return''--
                            (i) means any Federal income tax return and 
                        any amendment or supplement thereto, including 
                        supporting schedules, attachments, or lists 
                        which are supplemental to, or part of, the 
                        return for the taxable year; and
                            (ii) includes any information return that 
                        reports information that does or may affect the 
                        liability for tax for the taxable year.
            (2) Applicability of ethics in government act of 1978.--For 
        purposes of the definition of ``qualified blind trust'' in this 
        section, the term ``supervising ethics officer'' in section 
        102(f)(3) of the Ethics in Government Act of 1978 (5 U.S.C. 
        App.) means the Director of the Office of Government Ethics.
    (b) Initial Financial Disclosure.--
            (1) Submission of disclosure.--
                    (A) In general.--Not later than 30 days after 
                assuming the office of President or Vice President, 
                respectively, the President and Vice President shall 
                submit to Congress and the Director of the Office of 
                Government Ethics a disclosure of financial interests.
                    (B) Application to sitting president and vice 
                president.--For any individual who is serving as the 
                President or Vice President on the date of enactment of 
                this Act, the disclosure of financial interests shall 
                be submitted to Congress and the Director of the Office 
                of Government Ethics not later than 30 days after the 
                date of enactment of this Act.
            (2) Contents.--
                    (A) President.--The disclosure of financial 
                interests submitted under paragraph (1) by the 
                President shall--
                            (i) describe in detail each financial 
                        interest of the President, the spouse of the 
                        President, or a minor child of the President;
                            (ii) at a minimum, include the information 
                        relating to each such financial interest that 
                        is required for reports under section 102 of 
                        the Ethics in Government Act of 1978 (5 U.S.C. 
                        App.); and
                            (iii) include the tax returns filed by or 
                        on behalf of the President for--
                                    (I) the 3 most recent taxable 
                                years; and
                                    (II) each taxable year for which an 
                                audit of the return by the Internal 
                                Revenue Service is pending on the date 
                                the report is filed.
                    (B) Vice president.--The disclosure of financial 
                interests submitted under paragraph (1) by the Vice 
                President shall--
                            (i) describe in detail each financial 
                        interest of the Vice President, the spouse of 
                        the Vice President, or a minor child of the 
                        Vice President;
                            (ii) at a minimum, include the information 
                        relating to each such financial interest that 
                        is required for reports under section 102 of 
                        the Ethics in Government Act of 1978 (5 U.S.C. 
                        App.); and
                            (iii) include the tax returns filed by or 
                        on behalf of the Vice President for--
                                    (I) the 3 most recent taxable 
                                years; and
                                    (II) each taxable year for which an 
                                audit of the return by the Internal 
                                Revenue Service is pending on the date 
                                the report is filed.
    (c) Divestiture of Financial Interests Posing a Potential Conflict 
of Interest.--
            (1) In general.--The President, the Vice President, the 
        spouse of the President or Vice President, and any minor child 
        of the President or Vice President shall divest of any 
        financial interest posing a potential conflict of interest by 
        transferring such interest to a qualified blind trust.
            (2) Trustee duties.--Within a reasonable period of time 
        after the date a financial interest is transferred to a 
        qualified blind trust under paragraph (1), the trustee of the 
        qualified blind trust shall--
                    (A) sell the financial interest; and
                    (B) use the proceeds of the sale of the financial 
                interest to purchase conflict-free holdings.
    (d) Review by Office of Government Ethics.--
            (1) In general.--The Director of the Office of Government 
        Ethics shall submit to Congress, the President, and the Vice 
        President an annual report regarding the financial interests of 
        the President, the Vice President, the spouse of the President 
        or Vice President, and any minor child of the President or Vice 
        President.
            (2) Contents.--Each report submitted under paragraph (1) 
        shall--
                    (A) indicate whether any financial interest of the 
                President, the Vice President, the spouse of the 
                President or Vice President, or a minor child of the 
                President or Vice President is a financial interest 
                posing a potential conflict of interest;
                    (B) evaluate whether any previously held financial 
                interest of the President, the Vice President, the 
                spouse of the President or Vice President, or a minor 
                child of the President or Vice President that was a 
                financial interest posing a potential conflict of 
                interest was divested in accordance with subsection 
                (c); and
                    (C) redact such information as the Director of the 
                Office of Government Ethics determines necessary for 
                preventing identity theft, such as Social Security 
                numbers or taxpayer identification numbers.
    (e) Enforcement.--
            (1) In general.--The Attorney General, the attorney general 
        of any State, or any person aggrieved by any violation of 
        subsection (c) may seek declaratory or injunctive relief in a 
        court of competent jurisdiction if--
                    (A) the Director of the Office of Government Ethics 
                is unable to issue a report indicating whether the 
                President or the Vice President is in substantial 
                compliance with subsection (c); or
                    (B) there is probable cause to believe that the 
                President or the Vice President has not complied with 
                subsection (c).
            (2) Fair market value.--In granting injunctive relief to 
        the plaintiff, the court shall ensure that any divestment 
        procedure shall ensure the fair market return for any asset 
        that is liquidated.

SEC. 1403. RECUSAL OF APPOINTEES.

    Section 208 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(e)(1) Any officer or employee appointed by the President shall 
recuse himself or herself from any particular matter involving specific 
parties in which a party to that matter is--
            ``(A) the President who appointed the officer or employee, 
        which shall include any entity in which the President has a 
        substantial interest; or
            ``(B) the spouse of the President who appointed the officer 
        or employee, which shall include any entity in which the spouse 
        of the President has a substantial interest.
    ``(2)(A) Subject to subparagraph (B), if an officer or employee is 
recused under paragraph (1), a career appointee in the agency of the 
officer or employee shall perform the functions and duties of the 
officer or employee with respect to the matter.
    ``(B)(i) In this subparagraph, the term `Commission' means a board, 
commission, or other agency for which the authority of the agency is 
vested in more than 1 member.
    ``(ii) If the recusal of a member of a Commission from a matter 
under paragraph (1) would result in there not being a statutorily 
required quorum of members of the Commission available to participate 
in the matter, notwithstanding such statute or any other provision of 
law, the members of the Commission not recused under paragraph (1) 
may--
            ``(I) consider the matter without regard to the quorum 
        requirement under such statute;
            ``(II) delegate the authorities and responsibilities of the 
        Commission with respect to the matter to a subcommittee of the 
        Commission; or
            ``(III) designate an officer or employee of the Commission 
        who was not appointed by the President who appointed the member 
        of the Commission recused from the matter to exercise the 
        authorities and duties of the recused member with respect to 
        the matter.
    ``(3) Any officer or employee who negligently violates paragraph 
(1) shall be subject to the penalties set forth in section 216.
    ``(4) For purposes of this section, the term `particular matter' 
shall have the meaning given the term in section 207(i).''.

SEC. 1404. CONTRACTS BY THE PRESIDENT OR VICE PRESIDENT.

    (a) Amendment.--Section 431 of title 18, United States Code, is 
amended--
            (1) in the section heading, by inserting ``the President, 
        Vice President, or a'' after ``Contracts by''; and
            (2) in the first undesignated paragraph, by inserting ``the 
        President or Vice President,'' after ``Whoever, being''.
    (b) Table of Sections Amendment.--The table of sections for chapter 
23 of title 18, United States Code, is amended by striking the item 
relating to section 431 and inserting the following:

``431. Contracts by the President, Vice President, or a Member of 
                            Congress.''.

SEC. 1405. PRESIDENTIAL TAX TRANSPARENCY.

    (a) In General.--Title I of the Ethics in Government Act of 1978 (5 
U.S.C. App.) is amended--
            (1) by inserting after section 102 the following:

``SEC. 102A. DISCLOSURE OF TAX RETURNS.

    ``(a) Definitions.--In this section--
            ``(1) the term `covered candidate' means an individual--
                    ``(A) required to file a report under section 
                101(c); and
                    ``(B) who is nominated by a major party as a 
                candidate for the office of President;
            ``(2) the term `covered individual' means--
                    ``(A) a President required to file a report under 
                subsection (a) or (d) of section 101; and
                    ``(B) an individual who occupies the office of the 
                President required to file a report under section 
                101(e);
            ``(3) the term `major party' has the meaning given the term 
        in section 9002 of the Internal Revenue Code of 1986; and
            ``(4) the term `income tax return' means, with respect to 
        any covered candidate or covered individual, any return (within 
        the meaning of section 6103(b) of the Internal Revenue Code of 
        1986) related to Federal income taxes, but does not include--
                    ``(A) information returns issued to persons other 
                than such covered candidate or covered individual; and
                    ``(B) declarations of estimated tax.
    ``(b) Disclosure.--
            ``(1) Covered individuals.--
                    ``(A) In general.--In addition to the information 
                described in subsections (a) and (b) of section 102, a 
                covered individual shall include in each report 
                required to be filed under this title a copy of the 
                income tax returns of the covered individual for the 3 
                most recent taxable years for which a return have been 
                filed with the Internal Revenue Service as of the date 
                on which the report is filed.
                    ``(B) Failure to disclose.--If an income tax return 
                is not disclosed under subparagraph (A), the Director 
                of the Office of Government Ethics shall submit to the 
                Secretary of the Treasury a request that the Secretary 
                of the Treasury provide the Director of the Office of 
                Government Ethics with a copy of the income tax return.
                    ``(C) Publicly available.--Each income tax return 
                submitted under this paragraph shall be filed with the 
                Director of the Office of Government Ethics and made 
                publicly available in the same manner as the 
                information described in subsections (a) and (b) of 
                section 102.
                    ``(D) Redaction of certain information.--Before 
                making any income tax return submitted under this 
                paragraph available to the public, the Director of the 
                Office of Government Ethics shall redact such 
                information as the Director of the Office of Government 
                Ethics, in consultation with the Secretary of the 
                Treasury (or a delegate of the Secretary), determines 
                appropriate.
            ``(2) Candidates.--
                    ``(A) In general.--Not later than 15 days after the 
                date on which a covered candidate is nominated, the 
                covered candidate shall amend the report filed by the 
                covered candidate under section 101(c) with the Federal 
                Election Commission to include a copy of the income tax 
                returns of the covered candidate for the 3 most recent 
                taxable years for which a return has been filed with 
                the Internal Revenue Service.
                    ``(B) Failure to disclose.--If an income tax return 
                is not disclosed under subparagraph (A) the Federal 
                Election Commission shall submit to the Secretary of 
                the Treasury a request that the Secretary of the 
                Treasury provide the Federal Election Commission with 
                the income tax return.
                    ``(C) Publicly available.--Each income tax return 
                submitted under this paragraph shall be filed with the 
                Federal Election Commission and made publicly available 
                in the same manner as the information described in 
                section 102(b).
                    ``(D) Redaction of certain information.--Before 
                making any income tax return submitted under this 
                paragraph available to the public, the Federal Election 
                Commission shall redact such information as the Federal 
                Election Commission, in consultation with the Secretary 
                of the Treasury (or a delegate of the Secretary) and 
                the Director of the Office of Government Ethics, 
                determines appropriate.
            ``(3) Special rule for sitting presidents.--Not later than 
        30 days after the date of enactment of this section, the 
        President shall submit to the Director of the Office of 
        Government Ethics a copy of the income tax returns described in 
        paragraph (1)(A).''; and
            (2) in section 104--
                    (A) in subsection (a)--
                            (i) in paragraph (1), in the first 
                        sentence, by inserting ``or any individual who 
                        knowingly and willfully falsifies or who 
                        knowingly and willfully fails to file an income 
                        tax return that such individual is required to 
                        disclose pursuant to section 102A'' before the 
                        period; and
                            (ii) in paragraph (2)(A)--
                                    (I) in clause (i), by inserting 
                                ``or falsify any income tax return that 
                                such person is required to disclose 
                                under section 102A'' before the 
                                semicolon; and
                                    (II) in clause (ii), by inserting 
                                ``or fail to file any income tax return 
                                that such person is required to 
                                disclosed under section 102A'' before 
                                the period;
                    (B) in subsection (b), in the first sentence by 
                inserting ``or willfully failed to file or has 
                willfully falsified an income tax return required to be 
                disclosed under section 102A'' before the period;
                    (C) in subsection (c), by inserting ``or failing to 
                file or falsifying an income tax return required to be 
                disclosed under section 102A'' before the period; and
                    (D) in subsection (d)(1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``or files an income tax 
                        return required to be disclosed under section 
                        102A'' after ``title''; and
                            (ii) in subparagraph (A), by inserting ``or 
                        such income tax return, as applicable,'' after 
                        ``report''.
    (b) Authority To Disclose Information.--
            (1) In general.--Section 6103(l) of the Internal Revenue 
        Code of 1986 is amended by adding at the end the following new 
        paragraph:
            ``(23) Disclosure of return information of presidents and 
        certain presidential candidates.--
                    ``(A) Disclosure of returns of presidents.--
                            ``(i) In general.--The Secretary shall, 
                        upon written request from the Director of the 
                        Office of Government Ethics pursuant to section 
                        102A(b)(1)(B) of the Ethics in Government Act 
                        of 1978, provide to officers and employees of 
                        the Office of Government Ethics a copy of any 
                        income tax return of the President which is 
                        required to be filed under section 102A of such 
                        Act.
                            ``(ii) Disclosure to public.--The Director 
                        of the Office of Government Ethics may disclose 
                        to the public the income tax return of any 
                        President which is required to be filed with 
                        the Director pursuant to section 102A of the 
                        Ethics in Government Act of 1978.
                    ``(B) Disclosure of returns of certain candidates 
                for president.--
                            ``(i) In general.--The Secretary shall, 
                        upon written request from the Chairman of the 
                        Federal Election Commission pursuant to section 
                        102A(b)(2)(B) of the Ethics in Government Act 
                        of 1978, provide to officers and employees of 
                        the Federal Election Commission copies of the 
                        applicable returns of any person who has been 
                        nominated as a candidate of a major party (as 
                        defined in section 9002(a)) for the office of 
                        President.
                            ``(ii) Disclosure to public.--The Federal 
                        Election Commission may disclose to the public 
                        applicable returns of any person who has been 
                        nominated as a candidate of a major party (as 
                        defined in section 9002(6)) for the office of 
                        President and which is required to be filed 
                        with the Commission pursuant to section 102A of 
                        the Ethics in Government Act.
                    ``(C) Applicable returns.--For purposes of this 
                paragraph, the term `applicable returns' means, with 
                respect to any candidate for the office of President, 
                income tax returns for the 3 most recent taxable years 
                for which a return has been filed as of the date of the 
                nomination.''.
            (2) Conforming amendments.--Section 6103(p)(4) of such 
        Code, in the matter preceding subparagraph (A) and in 
        subparagraph (F)(ii), is amended by striking ``or (22)'' and 
        inserting ``(22), or (23)'' each place it appears.

SEC. 1406. SENSE OF CONGRESS REGARDING VIOLATIONS.

    It is the sense of Congress that a violation of section 1402 of 
this Act or the Ethics in Government Act of 1978 (5 U.S.C. App.) by the 
President or the Vice President would constitute a high crime or 
misdemeanor under article II, section 4 of the Constitution of the 
United States.

SEC. 1407. RULE OF CONSTRUCTION.

    Nothing in this subtitle or an amendment made by this subtitle 
shall be construed to violate the Constitution of the United States.

               Subtitle F--Public Access to Visitor Logs

SEC. 1501. SHORT TITLE.

    This subtitle may be cited as the ``Making Access Records Available 
to Lead American Government Openness Act'' or the ``MAR-A-LAGO Act''.

SEC. 1502. FINDINGS.

    Congress finds the following:
            (1) Beginning in 2009, the Obama administration instituted 
        a policy to release the visitor access records for the White 
        House complex.
            (2) This policy was responsible for making public the names 
        of nearly 6,000,000 visitors to the White House in the 8 years 
        of the Obama administration.
            (3) This policy provided the people of the United States 
        with insight into who influences the White House and 
        transparency regarding efforts by lobbyists to effect policies, 
        legislation, and Presidential actions.
            (4) To date, the Trump administration has not indicated 
        whether it will continue the policy of publicly releasing White 
        House visitor access records.
            (5) Since taking office on January 20, 2017, President 
        Trump has conducted official business not only in the White 
        House, but also at several of his privately owned clubs and 
        resorts.
            (6) President Trump's Mar-a-Lago Club in Palm Beach, 
        Florida, has been dubbed the ``Winter White House'' and the 
        ``Southern White House''.
            (7) President Trump has spent 5 of his first 9 weekends in 
        office at Mar-a-Lago.
            (8) Mar-a-Lago is a private membership facility open to 
        members, their guests, and others who have been invited as 
        guests for special events.
            (9) Visitors to Mar-a-Lago do not undergo the same 
        background checks as White House visitors and visitor access 
        records to the club have not been released to the public.
            (10) The President has conducted official business and 
        hosted international leaders at Mar-a-Lago.
            (11) Media reports have shown President Trump and members 
        of his Cabinet at Mar-a-Lago and nearby Trump International 
        Golf Club interacting with members and guests, providing access 
        unavailable to the general public.
            (12) President Trump owns many other properties that offer 
        similar amenities and membership-only access where he is likely 
        to conduct official business during his term in office.
            (13) On March 11, 2017, President Trump hosted several 
        members of his Cabinet at his Trump National Golf Club in 
        Potomac Falls, Virginia, to discuss homeland security, health 
        care, and the economy according to media reports.
            (14) Media reports have indicated that the President may 
        use his Bedminster, New Jersey, resort as a ``Summer White 
        House''.
            (15) The people of the United States expect and deserve 
        transparency in government. The policy to release visitor 
        access records instituted by the previous administration 
        appropriately balanced transparency with the need for 
        confidentiality in government actions.
            (16) To the extent Mar-a-Lago and any other private 
        facilities become locations where the President conducts 
        business and interacts with individuals who are not government 
        officials, the same disclosures should apply.

SEC. 1503. IMPROVING ACCESS TO INFLUENTIAL VISITOR ACCESS RECORDS.

    (a) Definitions.--In this section:
            (1) Covered location.--The term ``covered location'' 
        means--
                    (A) the White House;
                    (B) the residence of the Vice President; and
                    (C) any other location at which the President or 
                the Vice President regularly conducts official 
                business.
            (2) Covered records.--The term ``covered records'' means 
        information relating to a visit at a covered location, which 
        shall include--
                    (A) the name of each visitor at the covered 
                location;
                    (B) the name of each individual with whom each 
                visitor described in subparagraph (A) met at the 
                covered location; and
                    (C) the purpose of the visit.
    (b) Requirement.--Except as provided in subsection (c), not later 
than 30 days after the date of enactment of this Act, the President 
shall establish, and update every 90 days, a publicly available 
database that contains covered records for the preceding 90-day period.
    (c) Exceptions.--
            (1) In general.--The President shall not include in the 
        database established under subsection (b) any covered record--
                    (A) the posting of which would implicate personal 
                privacy or law enforcement concerns or threaten 
                national security; or
                    (B) relating to a purely personal guest at a 
                covered location.
            (2) Sensitive meetings.--With respect to a particularly 
        sensitive meeting at a covered location, the President shall--
                    (A) include the number of visitors at the covered 
                location in the database established under subsection 
                (b); and
                    (B) post the applicable covered records in the 
                database established under subsection (b) when the 
                President determines that release of the covered 
                records is no longer sensitive.

  Subtitle G--Requiring Individuals Nominated or Appointed to Certain 
          Positions To Disclose Certain Types of Contributions

SEC. 1601. SHORT TITLE.

    This subtitle may be cited as the ``Conflicts from Political 
Fundraising Act of 2017''.

SEC. 1602. FINDINGS.

    Congress finds the following:
            (1) Public confidence in the Federal Government is based on 
        the expectation that officers and employees will discharge 
        their duties impartially, and avoid either actual conflicts of 
        interest or the appearance thereof.
            (2) The risk of an actual conflict of interest, or the 
        appearance thereof, arises when a nominee or appointee to a 
        Senate-confirmed position or an individual in a position of a 
        confidential or policymaking character has previously donated 
        to, solicited for, or received funds from a political action 
        committee or entity organized under section 501(c)(4) or 
        section 501(c)(6) of the Internal Revenue Code of 1986.
            (3) Since the 2010 decision by the Supreme Court of the 
        United States in Citizens United v. Federal Election 
        Commission, spending by corporations subject to Federal laws 
        and regulations has increased dramatically.
            (4) While some corporate political spending is done 
        publicly, contributions to entities organized under section 
        501(c)(4) of the Internal Revenue Code of 1986 need not be 
        disclosed, making this spending effectively anonymous. The risk 
        of an actual conflict of interest, or the appearance thereof, 
        arises whether political spending is public or anonymous.
            (5) Current financial disclosure requirements do not 
        require filers to report funds they have donated to, solicited 
        for, or received from political action committees or entities 
        organized under section 501(c)(4) or section 501(c)(6) of the 
        Internal Revenue Code of 1986.
            (6) Apparent or actual conflicts of interest are best 
        ameliorated through public disclosure of this activity to the 
        Office of Government Ethics so the apparent or actual conflicts 
        can be addressed in ethics agreements negotiated between the 
        filer and the agency in which the filer will serve.

SEC. 1603. DISCLOSURE OF CERTAIN TYPES OF CONTRIBUTIONS.

    (a) Definitions.--Section 109 of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended--
            (1) by redesignating paragraphs (2) through (19) as 
        paragraphs (5) through (22), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) `covered contribution' means a payment, advance, 
        forbearance, rendering, or deposit of money, or any thing of 
        value--
                    ``(A)(i) that--
                            ``(I) is--
                                    ``(aa) made by or on behalf of a 
                                covered individual; or
                                    ``(bb) solicited in writing by or 
                                on behalf of a covered individual; and
                            ``(II) is made--
                                    ``(aa) to a political organization, 
                                as defined in section 527 of the 
                                Internal Revenue Code of 1986; or
                                    ``(bb) to an organization--
                                            ``(AA) that is described in 
                                        paragraph (4) or (6) of section 
                                        501(c) of the Internal Revenue 
                                        Code of 1986 and exempt from 
                                        tax under section 501(a) of 
                                        such Code; and
                                            ``(BB) that promotes or 
                                        opposes changes in Federal laws 
                                        or regulations that are (or 
                                        would be) administered by the 
                                        agency in which the covered 
                                        individual has been nominated 
                                        for appointment to a covered 
                                        position or is serving in a 
                                        covered position; or
                    ``(ii) that is--
                            ``(I) solicited in writing by or on behalf 
                        of a covered individual; and
                            ``(II) made--
                                    ``(aa) by an individual or entity 
                                the activities of which are subject to 
                                Federal laws or regulations that are 
                                (or would be) administered by the 
                                agency in which the covered individual 
                                has been nominated for appointment to a 
                                covered position or is serving in a 
                                covered position; and
                                    ``(bb) to--
                                            ``(AA) a political 
                                        organization, as defined in 
                                        section 527 of the Internal 
                                        Revenue Code of 1986; or
                                            ``(BB) an organization that 
                                        is described in paragraph (4) 
                                        or (6) of section 501(c) of the 
                                        Internal Revenue Code of 1986 
                                        and exempt from tax under 
                                        section 501(a) of such Code; 
                                        and
                    ``(B) that is made to an organization described in 
                item (aa) or (bb) of clause (i)(II) or clause 
                (ii)(II)(bb) of subparagraph (A) for which the total 
                amount of such payments, advances, forbearances, 
                renderings, or deposits of money, or any thing of 
                value, during the calendar year in which it is made is 
                not less than the contribution limitation in effect 
                under section 315(a)(1)(A) of the Federal Election 
                Campaign Act of 1971 (52 U.S.C. 30116(a)(1)(A)) for 
                elections occurring during such calendar year;
            ``(3) `covered individual' means an individual who has been 
        nominated or appointed to a covered position; and
            ``(4) `covered position'--
                    ``(A) means--
                            ``(i) a position described under sections 
                        5312 through 5316 of title 5, United States 
                        Code;
                            ``(ii) a position placed in level IV or V 
                        of the Executive Schedule under section 5317 of 
                        title 5, United States Code;
                            ``(iii) a position as a limited term 
                        appointee, limited emergency appointee, or 
                        noncareer appointee in the Senior Executive 
                        Service, as defined under paragraphs (5), (6), 
                        and (7), respectively, of section 3132(a) of 
                        title 5, United States Code; and
                            ``(iv) a position in the executive branch 
                        of the Government of a confidential or policy-
                        determining character under schedule C of 
                        subpart C of part 213 of title 5 of the Code of 
                        Federal Regulations; and
                    ``(B) does not include a position if the individual 
                serving in the position has been excluded from the 
                application of section 101(f)(5);''.
    (b) Disclosure Requirements.--The Ethics in Government Act of 1978 
(5 U.S.C. App.) is amended--
            (1) in section 101--
                    (A) in subsection (a)--
                            (i) by inserting ``(1)'' before ``Within'';
                            (ii) by striking ``unless'' and inserting 
                        ``and, if the individual is assuming a covered 
                        position, the information described in section 
                        102(j), except that, subject to paragraph (2), 
                        the individual shall not be required to file a 
                        report if''; and
                            (iii) by adding at the end the following:
    ``(2) If an individual has left a position described in subsection 
(f) that is not a covered position and, within 30 days, assumes a 
position that is a covered position, the individual shall, within 30 
days of assuming the covered position, file a report containing the 
information described in section 102(j)(2)(A).'';
                    (B) in subsection (b)(1), in the first sentence, by 
                inserting ``and the information required by section 
                102(j)'' after ``described in section 102(b)'';
                    (C) in subsection (d), by inserting ``and, if the 
                individual is serving in a covered position, the 
                information required by section 102(j)(2)(A)'' after 
                ``described in section 102(a)''; and
                    (D) in subsection (e), by inserting ``and, if the 
                individual was serving in a covered position, the 
                information required by section 102(j)(2)(A)'' after 
                ``described in section 102(a)''; and
            (2) in section 102--
                    (A) in subsection (g), by striking ``Political 
                campaign funds'' and inserting ``Except as provided in 
                subsection (j), political campaign funds''; and
                    (B) by adding at the end the following:
    ``(j)(1) In this subsection--
            ``(A) the term `applicable period' means--
                    ``(i) with respect to a report filed pursuant to 
                subsection (a) or (b) of section 101, the year of 
                filing and the 4 calendar years preceding the year of 
                the filing; and
                    ``(ii) with respect to a report filed pursuant to 
                subsection (d) or (e) of section 101, the preceding 
                calendar year; and
            ``(B) the term `covered gift' means a gift that--
                    ``(i) is made to a covered individual, the spouse 
                of a covered individual, or the dependent child of a 
                covered individual;
                    ``(ii) is made by an entity described in item (aa) 
                or (bb) of section 109(2)(A)(i)(II); and
                    ``(iii) would have been required to be reported 
                under subsection (a)(2) if the covered individual had 
                been required to file a report under section 101(d) 
                with respect to the calendar year during which the gift 
                was made.
    ``(2)(A) A report filed pursuant to subsection (a), (b), (d), or 
(e) of section 101 by a covered individual shall include, for each 
covered contribution made by or on behalf of, or that was solicited in 
writing by or on behalf of, the covered individual during the 
applicable period--
            ``(i) the date on which the covered contribution was made;
            ``(ii) if applicable, the date or dates on which the 
        covered contribution was solicited;
            ``(iii) the value of the covered contribution;
            ``(iv) the name of the person making the covered 
        contribution; and
            ``(v) the name of the person receiving the covered 
        contribution.
    ``(B)(i) Subject to clause (ii), a covered contribution made by or 
on behalf of, or that was solicited in writing by or on behalf of, a 
covered individual shall constitute a conflict of interest, or an 
appearance thereof, with respect to the official duties of the covered 
individual.
    ``(ii) The Director of the Office of Government Ethics may exempt a 
covered contribution from the application of clause (i) if the Director 
determines the circumstances of the solicitation and making of the 
covered contribution do not present a risk of a conflict of interest 
and the exemption of the covered contribution would not affect 
adversely the integrity of the Government or the public's confidence in 
the integrity of the Government.
    ``(3) A report filed pursuant to subsection (a) or (b) of section 
101 by a covered individual shall include the information described in 
subsection (a)(2) with respect to each covered gift received during the 
applicable period.''.
    (c) Provision of Reports and Ethics Agreements to Congress.--
Section 105 of the Ethics in Government Act of 1978 (5 U.S.C. App.) is 
amended by adding at the end the following:
    ``(e) Not later than 30 days after receiving a written request from 
the Chairman or Ranking Member of a committee or subcommittee of either 
House of Congress with jurisdiction of the agency in which a covered 
individual has been nominated for appointment to a covered position or 
is serving in a covered position, the Director of the Office of 
Government Ethics shall provide to the Chairman or Ranking Member, 
respectively, each report filed under this title by the covered 
individual and any ethics agreement entered into between the agency and 
the covered individual.''.
    (d) Rules on Ethics Agreements.--The Director of the Office of 
Government Ethics shall promptly issue rules regarding how an agency in 
the executive branch shall address information required to be disclosed 
under the amendments made by this Act in drafting ethics agreements 
between the agency and individuals appointed to positions in the 
agency.
    (e) Technical and Conforming Amendments.--
            (1) The Ethics in Government Act of 1978 (5 U.S.C. App.) is 
        amended--
                    (A) in section 101(f)--
                            (i) in paragraph (9), by striking ``section 
                        109(12)'' and inserting ``section 109(15)'';
                            (ii) in paragraph (10), by striking 
                        ``section 109(13)'' and inserting ``section 
                        109(16)'';
                            (iii) in paragraph (11), by striking 
                        ``section 109(10)'' and inserting ``section 
                        109(13)''; and
                            (iv) in paragraph (12), by striking 
                        ``section 109(8)'' and inserting ``section 
                        109(11)'';
                    (B) in section 103(l)--
                            (i) in paragraph (9), by striking ``section 
                        109(12)'' and inserting ``section 109(15)''; 
                        and
                            (ii) in paragraph (10), by striking 
                        ``section 109(13)'' and inserting ``section 
                        109(16)''; and
                    (C) in section 105(b)(3)(A), by striking ``section 
                109(8) or 109(10)'' and inserting ``section 109(11) or 
                109(13)''.
            (2) Section 3(4)(D) of the Lobbying Disclosure Act of 1995 
        (2 U.S.C. 1602(4)(D)) is amended by striking ``section 
        109(13)'' and inserting ``section 109(16)''.
            (3) Section 21A of the Securities Exchange Act of 1934 (15 
        U.S.C. 78u-1) is amended--
                    (A) in subsection (g)(2)(B)(ii), by striking 
                ``section 109(11) of the Ethics in Government Act of 
                1978 (5 U.S.C. App. 109(11)))'' and inserting ``section 
                109 of the Ethics in Government Act of 1978 (5 U.S.C. 
                App.))''; and
                    (B) in subsection (h)(2)--
                            (i) in subparagraph (B), by striking 
                        ``section 109(8) of the Ethics in Government 
                        Act of 1978 (5 U.S.C. App. 109(8))'' and 
                        inserting ``section 109 of the Ethics in 
                        Government Act of 1978 (5 U.S.C. App.)''; and
                            (ii) in subparagraph (C), by striking 
                        ``section 109(10) of the Ethics in Government 
                        Act of 1978 (5 U.S.C. App. 109(10))'' and 
                        inserting ``section 109 of the Ethics in 
                        Government Act of 1978 (5 U.S.C. App.)''.
            (4) Section 499(j)(2) of the Public Health Service Act (42 
        U.S.C. 290b(j)(2)) is amended by striking ``section 109(16) of 
        the Ethics in Government Act of 1978'' and inserting ``section 
        109 of the Ethics in Government Act of 1978 (5 U.S.C. App.)''.

                       TITLE II--PUBLIC FINANCING

         Subtitle A--Reforming Presidential Election Financing

                       PART I--PRIMARY ELECTIONS

SEC. 2001. INCREASE IN AND MODIFICATIONS TO MATCHING PAYMENTS.

    (a) Increase and Modification.--
            (1) In general.--The first sentence of section 9034(a) of 
        the Internal Revenue Code of 1986 is amended--
                    (A) by striking ``an amount equal to the amount of 
                each contribution'' and inserting ``an amount equal to 
                600 percent of the amount of each matchable 
                contribution (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 $200)''; and
                    (B) by striking ``authorized committees'' and all 
                that follows through ``$250'' and inserting 
                ``authorized committees''.
            (2) Matchable contributions.--Section 9034 of such Code is 
        amended--
                    (A) by striking the last sentence of subsection 
                (a); and
                    (B) by inserting after subsection (b) the following 
                new subsection:
    ``(c) Matchable Contribution Defined.--For purposes of this section 
and section 9033(b)--
            ``(1) Matchable contribution.--The term `matchable 
        contribution' means, with respect to the nomination for 
        election to the office of President of the United States, a 
        contribution by an individual to a candidate or an authorized 
        committee of a candidate with respect to which the candidate 
        has certified in writing that--
                    ``(A) the individual making such contribution has 
                not made aggregate contributions (including such 
                matchable contribution) to such candidate and the 
                authorized committees of such candidate in excess of 
                $1,000 for the election;
                    ``(B) such candidate and the authorized committees 
                of such candidate will not accept contributions from 
                such individual (including such matchable contribution) 
                aggregating more than the amount described in 
                subparagraph (A); and
                    ``(C) such contribution was not--
                            ``(i) forwarded from the contributor by any 
                        person other than an individual, or
                            ``(ii) received by the candidate or 
                        committee from a contributor or contributors, 
                        but credited by the committee or candidate to 
                        another person who is not an individual through 
                        records, designations, or other means of 
                        recognizing (whether in writing or not in 
                        writing) that a certain amount of money has 
                        been raised by such person.
            ``(2) Contribution.--For purposes of this subsection, the 
        term `contribution' means a gift of money made by a written 
        instrument which identifies the individual making the 
        contribution by full name and mailing address, but does not 
        include a subscription, loan, advance, or deposit of money, or 
        anything of value or anything described in subparagraph (B), 
        (C), or (D) of section 9032(4).''.
            (3) Conforming amendments.--
                    (A) Section 9032(4) of such Code is amended by 
                striking ``section 9034(a)'' and inserting ``section 
                9034''.
                    (B) Section 9033(b)(3) of such Code is amended by 
                striking ``matching contributions'' and inserting 
                ``matchable contributions''.
    (b) Modification of Payment Limitation.--
            (1) In general.--Section 9034(b) of such Code is amended--
                    (A) by striking ``Every'' and inserting the 
                following:
            ``(1) In general.--Every'';
                    (B) by striking ``shall not exceed'' and all that 
                follows and inserting ``shall not exceed 
                $300,000,000.''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) Inflation adjustment.--
                    ``(A) In general.--In the case of any applicable 
                period beginning after 2019, the dollar amount in 
                paragraph (1) shall be increased by an amount equal 
                to--
                            ``(i) such dollar amount, multiplied by
                            ``(ii) the cost-of-living adjustment 
                        determined under section 1(f)(3) for the 
                        calendar year following the year which such 
                        applicable period begins, determined by 
                        substituting `calendar year 2018' for `calendar 
                        year 1992' in subparagraph (B) thereof.
                    ``(B) Applicable period.--For purposes of this 
                paragraph, the term `applicable period' means the 4-
                year period beginning with the first day following the 
                date of the general election for the office of 
                President and ending on the date of the next such 
                general election.
                    ``(C) Rounding.--If any amount as adjusted under 
                subparagraph (1) is not a multiple of $10,000, such 
                amount shall be rounded to the nearest multiple of 
                $10,000.''.

SEC. 2002. ELIGIBILITY REQUIREMENTS FOR MATCHING PAYMENTS.

    (a) Amount of Aggregate Contributions Per State; Disregarding of 
Amounts Contributed in Excess of $200.--Section 9033(b)(3) of the 
Internal Revenue Code of 1986 is amended--
            (1) by striking ``$5,000'' and inserting ``$25,000''; and
            (2) by striking ``20 States'' and inserting the following: 
        ``20 States (disregarding any amount of contributions from any 
        such resident to the extent that the total of the amounts 
        contributed by such resident for the election exceeds $200)''.
    (b) Contribution Limit.--
            (1) In general.--Paragraph (4) of section 9033(b) of such 
        Code is amended to read as follows:
            ``(4) the candidate and the authorized committees of the 
        candidate will not accept aggregate contributions from any 
        person with respect to the nomination for election to the 
        office of President of the United States in excess of $1,000 
        for the election.''.
            (2) Conforming amendments.--
                    (A) Section 9033(b) of such Code is amended by 
                adding at the end the following new flush sentence:
``For purposes of paragraph (4), the term `contribution' has the 
meaning given such term in section 301(8) of the Federal Election 
Campaign Act of 1971.''.
                    (B) Section 9032(4) of such Code, as amended by 
                section 2001(a)(3)(A) is amended by inserting ``or 
                9033(b)'' after ``9034''.
    (c) Ban on Acceptance of Bundled Contributions.--Section 9033(b) of 
such Code, as amended by subsection (b), is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``, and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) the candidate and the authorized committee of the 
        candidate will not accept any bundled contribution (as defined 
        in section 304(i)(8) of the Federal Election Campaign Act of 
        1971) forwarded by or credited to a person described in section 
        304(i)(7) of such Act.''.
    (d) Participation in System for Payments for General Election.--
Section 9033(b) of such Code, as amended by subsection (c), is 
amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``, and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) if the candidate is nominated by a political party 
        for election to the office of President, the candidate will 
        apply for and accept payments with respect to the general 
        election for such office in accordance with chapter 95.''.

SEC. 2003. REPEAL OF EXPENDITURE LIMITATIONS.

    (a) In General.--Subsection (a) of section 9035 of the Internal 
Revenue Code of 1986 is amended to read as follows:
    ``(a) Personal Expenditure Limitation.--No candidate shall 
knowingly make expenditures from his personal funds, or the personal 
funds of his immediate family, in connection with his campaign for 
nomination for election to the office of President in excess of, in the 
aggregate, $50,000.''.
    (b) Conforming Amendment.--Paragraph (1) of section 9033(b) of the 
Internal Revenue Code of 1986 is amended to read as follows:
            ``(1) the candidate will comply with the personal 
        expenditure limitation under section 9035,''.

SEC. 2004. PERIOD OF AVAILABILITY OF MATCHING PAYMENTS.

    Section 9032(6) of the Internal Revenue Code of 1986 is amended by 
striking ``the beginning of the calendar year in which a general 
election for the office of President of the United States will be 
held'' and inserting ``the date that is 6 months prior to the date of 
the earliest State primary election''.

SEC. 2005. EXAMINATION AND AUDITS OF MATCHABLE CONTRIBUTIONS.

    Section 9038(a) of the Internal Revenue Code of 1986 is amended by 
inserting ``and matchable contributions accepted by'' after ``qualified 
campaign expenses of''.

SEC. 2006. MODIFICATION TO LIMITATION ON CONTRIBUTIONS FOR PRESIDENTIAL 
              PRIMARY CANDIDATES.

    Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30116(a)(6)) is amended by striking ``calendar year'' and 
inserting ``four-year election cycle''.

                       PART II--GENERAL ELECTIONS

SEC. 2011. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC 
              FINANCING.

    Subsection (a) of section 9003 of the Internal Revenue Code of 1986 
is amended to read as follows:
    ``(a) In General.--In order to be eligible to receive any payments 
under section 9006, the candidates of a political party in a 
presidential election shall meet the following requirements:
            ``(1) Participation in primary payment system.--The 
        candidate for President received payments under chapter 96 for 
        the campaign for nomination for election to be President.
            ``(2) Agreements with commission.--The candidates, in 
        writing--
                    ``(A) agree to obtain and furnish to the Commission 
                such evidence as it may request of the qualified 
                campaign expenses of such candidates,
                    ``(B) agree to keep and furnish to the Commission 
                such records, books, and other information as it may 
                request, and
                    ``(C) agree to an audit and examination by the 
                Commission under section 9007 and to pay any amounts 
                required to be paid under such section.
            ``(3) Ban on bundled contributions.--The candidates certify 
        to the Commission, under penalty of perjury and within such 
        time prior to the day of the presidential election as the 
        Commission shall prescribe by rules or regulations, that the 
        candidates and the authorized committees of such candidates 
        will not accept any bundled contribution (as defined in section 
        304(i)(8) of the Federal Election Campaign Act of 1971) 
        forwarded by or credited to a person described in section 
        304(i)(7) of such Act.''.

SEC. 2012. REPEAL OF EXPENDITURE LIMITATIONS AND USE OF QUALIFIED 
              CAMPAIGN CONTRIBUTIONS.

    (a) Use of Qualified Campaign Contributions Without Expenditure 
Limits; Application of Same Requirements for Major, Minor, and New 
Parties.--Section 9003 of the Internal Revenue Code of 1986 is amended 
by striking subsections (b) and (c) and inserting the following:
    ``(b) Use of Qualified Campaign Contributions To Defray Expenses.--
            ``(1) In general.--In order to be eligible to receive any 
        payments under section 9006, the candidates of a party in a 
        presidential election shall certify to the Commission, under 
        penalty of perjury, that--
                    ``(A) such candidates and their authorized 
                committees have not and will not accept any 
                contributions to defray qualified campaign expenses 
                other than--
                            ``(i) qualified campaign contributions, and
                            ``(ii) contributions to the extent 
                        necessary to make up any deficiency payments 
                        received out of the fund on account of the 
                        application of section 9006(c), and
                    ``(B) such candidates and their authorized 
                committees have not and will not accept any 
                contribution to defray expenses which would be 
                qualified campaign expenses but for subparagraph (C) of 
                section 9002(11).
            ``(2) Timing of certification.--The candidate shall make 
        the certification required under this subsection at the same 
        time the candidate makes the certification required under 
        subsection (a)(3).''.
    (b) Definition of Qualified Campaign Contribution.--Section 9002 of 
such Code is amended by adding at the end the following new paragraph:
            ``(13) Qualified campaign contribution.--The term 
        `qualified campaign contribution' means, with respect to any 
        election for the office of President of the United States, a 
        contribution from an individual to a candidate or an authorized 
        committee of a candidate which--
                    ``(A) does not exceed $1,000 for the election; and
                    ``(B) with respect to which the candidate has 
                certified in writing that--
                            ``(i) the individual making such 
                        contribution has not made aggregate 
                        contributions (including such qualified 
                        contribution) to such candidate and the 
                        authorized committees of such candidate in 
                        excess of the amount described in subparagraph 
                        (A), and
                            ``(ii) such candidate and the authorized 
                        committees of such candidate will not accept 
                        contributions from such individual (including 
                        such qualified contribution) aggregating more 
                        than the amount described in subparagraph (A) 
                        with respect to such election.''.
    (c) Conforming Amendments.--
            (1) Repeal of expenditure limits.--
                    (A) In general.--Section 315 of the Federal 
                Election Campaign Act of 1971 (52 U.S.C. 30116) is 
                amended by striking subsection (b).
                    (B) Conforming amendments.--Section 315(c) of such 
                Act (52 U.S.C. 30116(c)) is amended--
                            (i) in paragraph (1)(B)(i), by striking ``, 
                        (b)''; and
                            (ii) in paragraph (2)(B)(i), by striking 
                        ``subsections (b) and (d)'' and inserting 
                        ``subsection (d)''.
            (2) Repeal of repayment requirement.--
                    (A) In general.--Section 9007(b) of the Internal 
                Revenue Code of 1986 is amended by striking paragraph 
                (2) and redesignating paragraphs (3), (4), and (5) as 
                paragraphs (2), (3), and (4), respectively.
                    (B) Conforming amendment.--Paragraph (2) of section 
                9007(b) of such Code, as redesignated by subparagraph 
                (A), is amended--
                            (i) by striking ``a major party'' and 
                        inserting ``a party'';
                            (ii) by inserting ``qualified contributions 
                        and'' after ``contributions (other than''; and
                            (iii) by striking ``(other than qualified 
                        campaign expenses with respect to which payment 
                        is required under paragraph (2))''.
            (3) Criminal penalties.--
                    (A) Repeal of penalty for excess expenses.--Section 
                9012 of the Internal Revenue Code of 1986 is amended by 
                striking subsection (a).
                    (B) Penalty for acceptance of disallowed 
                contributions; application of same penalty for 
                candidates of major, minor, and new parties.--
                Subsection (b) of section 9012 of such Code is amended 
                to read as follows:
    ``(b) Contributions.--
            ``(1) Acceptance of disallowed contributions.--It shall be 
        unlawful for an eligible candidate of a party in a presidential 
        election or any of his authorized committees knowingly and 
        willfully to accept any contribution to defray qualified 
        campaign expenses, except to the extent necessary to make up 
        any deficiency in payments received out of the fund on account 
        of the application of section 9006(c), or to defray expenses 
        which would be qualified campaign expenses but for subparagraph 
        (C) of section 9002(11).
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be fined not more than $5,000, or imprisoned not more than one 
        year, or both. In the case of a violation by an authorized 
        committee, any officer or member of such committee who 
        knowingly and willfully consents to such violation shall be 
        fined not more than $5,000, or imprisoned not more than one 
        year, or both.''.

SEC. 2013. MATCHING PAYMENTS AND OTHER MODIFICATIONS TO PAYMENT 
              AMOUNTS.

    (a) In General.--
            (1) Amount of payments; application of same amount for 
        candidates of major, minor, and new parties.--Subsection (a) of 
        section 9004 of the Internal Revenue Code of 1986 is amended to 
        read as follows:
    ``(a) In General.--Subject to the provisions of this chapter, the 
eligible candidates of a party in a presidential election shall be 
entitled to equal payment under section 9006 in an amount equal to 600 
percent of the amount of each matchable contribution received by such 
candidate or by the candidate's authorized committees (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 $200), 
except that total amount to which a candidate is entitled under this 
paragraph shall not exceed $300,000,000.''.
            (2) Repeal of separate limitations for candidates of minor 
        and new parties; inflation adjustment.--Subsection (b) of 
        section 9004 of such Code is amended to read as follows:
    ``(b) Inflation Adjustment.--
            ``(1) In general.--In the case of any applicable period 
        beginning after 2019, the $300,000,000 dollar amount in 
        subsection (a) shall be increased by an amount equal to--
                    ``(A) such dollar amount; multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year following 
                the year which such applicable period begins, 
                determined by substituting `calendar year 2018' for 
                `calendar year 1992' in subparagraph (B) thereof.
            ``(2) Applicable period.--For purposes of this subsection, 
        the term `applicable period' means the 4-year period beginning 
        with the first day following the date of the general election 
        for the office of President and ending on the date of the next 
        such general election.
            ``(3) Rounding.--If any amount as adjusted under paragraph 
        (1) is not a multiple of $10,000, such amount shall be rounded 
        to the nearest multiple of $10,000.''.
            (3) Conforming amendment.--Section 9005(a) of such Code is 
        amended by adding at the end the following new sentence: ``The 
        Commission shall make such additional certifications as may be 
        necessary to receive payments under section 9004.''.
    (b) Matchable Contribution.--Section 9002 of such Code, as amended 
by section 2012, is amended by adding at the end the following new 
paragraph:
            ``(14) Matchable contribution.--The term `matchable 
        contribution' means, with respect to the election to the office 
        of President of the United States, a contribution by an 
        individual to a candidate or an authorized committee of a 
        candidate with respect to which the candidate has certified in 
        writing that--
                    ``(A) the individual making such contribution has 
                not made aggregate contributions (including such 
                matchable contribution) to such candidate and the 
                authorized committees of such candidate in excess of 
                $1,000 for the election;
                    ``(B) such candidate and the authorized committees 
                of such candidate will not accept contributions from 
                such individual (including such matchable contribution) 
                aggregating more than the amount described in 
                subparagraph (A) with respect to such election; and
                    ``(C) such contribution was not--
                            ``(i) forwarded from the contributor by any 
                        person other than an individual, or
                            ``(ii) received by the candidate or 
                        committee from a contributor or contributors, 
                        but credited by the committee or candidate to 
                        another person who is not an individual through 
                        records, designations, or other means of 
                        recognizing (whether in writing or not in 
                        writing) that a certain amount of money has 
                        been raised by such person.''.

SEC. 2014. INCREASE IN LIMIT ON COORDINATED PARTY EXPENDITURES.

    (a) In General.--Section 315(d)(2) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to read as follows:
    ``(2)(A) The national committee of a political party may not make 
any expenditure in connection with the general election campaign of any 
candidate for President of the United States who is affiliated with 
such party which exceeds $100,000,000.
    ``(B) For purposes of this paragraph--
            ``(i) any expenditure made by or on behalf of a national 
        committee of a political party and in connection with a 
        presidential election shall be considered to be made in 
        connection with the general election campaign of a candidate 
        for President of the United States who is affiliated with such 
        party; and
            ``(ii) any communication made by or on behalf of such party 
        shall be considered to be made in connection with the general 
        election campaign of a candidate for President of the United 
        States who is affiliated with such party if any portion of the 
        communication is in connection with such election.
    ``(C) Any expenditure under this paragraph shall be in addition to 
any expenditure by a national committee of a political party serving as 
the principal campaign committee of a candidate for the office of 
President of the United States.''.
    (b) Conforming Amendments Relating to Timing of Cost-of-Living 
Adjustment.--
            (1) In general.--Section 315(c)(1) of such Act (52 U.S.C. 
        30116(c)(1)), as amended by section 2012(c)(1)(B), is amended--
                    (A) in subparagraph (B), by striking ``(d)'' and 
                inserting ``(d)(3)''; and
                    (B) by inserting at the end the following new 
                subparagraph:
    ``(D) In any calendar year after 2018--
            ``(i) the dollar amount in subsection (d)(2) shall be 
        increased by the percent difference determined under 
        subparagraph (A);
            ``(ii) the amount so increased shall remain in effect for 
        the calendar year; and
            ``(iii) if the amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''.
            (2) Base year.--Section 315(c)(2)(B) of such Act (52 U.S.C. 
        30116(c)(2)(B)), as amended by section 2012(c)(1)(B), is 
        amended--
                    (A) in clause (i)--
                            (i) by striking ``(d)'' and inserting 
                        ``(d)(3)''; and
                            (ii) by striking ``and'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(iii) for purposes of subsection (d)(2), calendar 
                year 2017.''.

SEC. 2015. ESTABLISHMENT OF UNIFORM DATE FOR RELEASE OF PAYMENTS.

    (a) Date for Payments.--
            (1) In general.--Section 9006(b) of the Internal Revenue 
        Code of 1986 is amended to read as follows:
    ``(b) Payments From the Fund.--If the Secretary of the Treasury 
receives a certification from the Commission under section 9005 for 
payment to the eligible candidates of a political party, the Secretary 
shall pay to such candidates out of the fund the amount certified by 
the Commission on the later of--
            ``(1) the last Friday occurring before the first Monday in 
        September; or
            ``(2) 24 hours after receiving the certifications for the 
        eligible candidates of all major political parties.
Amounts paid to any such candidates shall be under the control of such 
candidates.''.
            (2) Conforming amendment.--The first sentence of section 
        9006(c) of such Code is amended by striking ``the time of a 
        certification by the Commission under section 9005 for 
        payment'' and inserting ``the time of making a payment under 
        subsection (b)''.
    (b) Time for Certification.--Section 9005(a) of the Internal 
Revenue Code of 1986 is amended by striking ``10 days'' and inserting 
``24 hours''.

SEC. 2016. AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND.

    (a) Determination of Amounts in Fund.--Section 9006(c) of the 
Internal Revenue Code of 1986 is amended by adding at the end the 
following new sentence: ``In making a determination of whether there 
are insufficient moneys in the fund for purposes of the previous 
sentence, the Secretary shall take into account in determining the 
balance of the fund for a Presidential election year the Secretary's 
best estimate of the amount of moneys which will be deposited into the 
fund during the year, except that the amount of the estimate may not 
exceed the average of the annual amounts deposited in the fund during 
the previous 3 years.''.
    (b) Special Rule for First Campaign Cycle Under This Act.--
            (1) In general.--Section 9006 of the Internal Revenue Code 
        of 1986 is amended by adding at the end the following new 
        subsection:
    ``(d) Special Authority To Borrow.--
            ``(1) In general.--Notwithstanding subsection (c), there 
        are authorized to be appropriated to the fund, as repayable 
        advances, such sums as are necessary to carry out the purposes 
        of the fund during the period ending on the first presidential 
        election occurring after the date of the enactment of this 
        subsection.
            ``(2) Repayment of advances.--
                    ``(A) In general.--Advances made to the fund shall 
                be repaid, and interest on such advances shall be paid, 
                to the general fund of the Treasury when the Secretary 
                determines that moneys are available for such purposes 
                in the fund.
                    ``(B) Rate of interest.--Interest on advances made 
                to the fund shall be at a rate determined by the 
                Secretary of the Treasury (as of the close of the 
                calendar month preceding the month in which the advance 
                is made) to be equal to the current average market 
                yield on outstanding marketable obligations of the 
                United States with remaining periods to maturity 
                comparable to the anticipated period during which the 
                advance will be outstanding and shall be compounded 
                annually.''.
            (2) Effective date.--The amendment made by this subsection 
        shall take effect January 1, 2018.

SEC. 2017. USE OF GENERAL ELECTION PAYMENTS FOR GENERAL ELECTION LEGAL 
              AND ACCOUNTING COMPLIANCE.

    Section 9002(11) of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new sentence: ``For purposes of 
subparagraph (A), an expense incurred by a candidate or authorized 
committee for general election legal and accounting compliance purposes 
shall be considered to be an expense to further the election of such 
candidate.''.

            Subtitle B--Reforming Senate Election Financing

     PART I--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS

              Subpart A--Fair Elections Financing Program

SEC. 2101. FINDINGS AND DECLARATIONS.

    (a) Undermining of Democracy by Campaign Contributions From Private 
Sources.--The Senate finds and declares that the current system of 
privately financed campaigns for election to the United States Senate 
has the capacity, and is often perceived by the public, to undermine 
democracy in the United States by--
            (1) creating a culture that fosters actual or perceived 
        conflicts of interest by encouraging Senators to accept large 
        campaign contributions from private interests that are directly 
        affected by Federal legislation;
            (2) diminishing or appearing to diminish Senators' 
        accountability to constituents by compelling legislators to be 
        accountable to the major contributors who finance their 
        election campaigns;
            (3) undermining the meaning of the right to vote by 
        allowing monied interests to have a disproportionate and unfair 
        influence within the political process;
            (4) imposing large, unwarranted costs on taxpayers through 
        legislative and regulatory distortions caused by unequal access 
        to lawmakers for campaign contributors;
            (5) making it difficult for some qualified candidates to 
        mount competitive Senate election campaigns;
            (6) disadvantaging challengers and discouraging competitive 
        elections; and
            (7) burdening incumbents with a preoccupation with 
        fundraising and thus decreasing the time available to carry out 
        their public responsibilities.
    (b) Enhancement of Democracy by Providing Allocations From the Fair 
Elections Fund.--The Senate finds and declares that providing the 
option of the replacement of large private campaign contributions with 
allocations from the Fair Elections Fund for all primary, runoff, and 
general elections to the Senate would enhance American democracy by--
            (1) reducing the actual or perceived conflicts of interest 
        created by fully private financing of the election campaigns of 
        public officials and restoring public confidence in the 
        integrity and fairness of the electoral and legislative 
        processes through a program which allows participating 
        candidates to adhere to substantially lower contribution limits 
        for contributors with an assurance that there will be 
        sufficient funds for such candidates to run viable electoral 
        campaigns;
            (2) increasing the public's confidence in the 
        accountability of Senators to the constituents who elect them, 
        which derives from the program's qualifying criteria to 
        participate in the voluntary program and the conclusions that 
        constituents may draw regarding candidates who qualify and 
        participate in the program;
            (3) helping to reduce the ability to make large campaign 
        contributions as a determinant of a citizen's influence within 
        the political process by facilitating the expression of support 
        by voters at every level of wealth, encouraging political 
        participation, and incentivizing participation on the part of 
        Senators through the matching of small dollar contributions;
            (4) potentially saving taxpayers billions of dollars that 
        may be (or that are perceived to be) currently allocated based 
        upon legislative and regulatory agendas skewed by the influence 
        of campaign contributions;
            (5) creating genuine opportunities for all Americans to run 
        for the Senate and encouraging more competitive elections;
            (6) encouraging participation in the electoral process by 
        citizens of every level of wealth; and
            (7) freeing Senators from the incessant preoccupation with 
        raising money, and allowing them more time to carry out their 
        public responsibilities.

SEC. 2102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF FAIR ELECTIONS 
              FINANCING OF SENATE ELECTION CAMPAIGNS.

    The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) 
is amended by adding at the end the following:

    ``TITLE V--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS

                    ``Subtitle A--General Provisions

``SEC. 501. DEFINITIONS.

    ``In this title:
            ``(1) Allocation from the fund.--The term `allocation from 
        the Fund' means an allocation of money from the Fair Elections 
        Fund to a participating candidate pursuant to section 522.
            ``(2) Board.--The term `Board' means the Fair Elections 
        Oversight Board established under section 531.
            ``(3) Fair elections qualifying period.--The term `Fair 
        Elections qualifying period' means, with respect to any 
        candidate for Senator, the period--
                    ``(A) beginning on the date on which the candidate 
                files a statement of intent under section 511(a)(1); 
                and
                    ``(B) ending on the date that is 30 days before--
                            ``(i) the date of the primary election; or
                            ``(ii) 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 general election ballot.
            ``(4) Fair elections start date.--The term `Fair Elections 
        start date' means, with respect to any candidate, the date that 
        is 180 days before--
                    ``(A) the date of the primary election; or
                    ``(B) 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 general 
                election ballot.
            ``(5) Fund.--The term `Fund' means the Fair Elections Fund 
        established by section 502.
            ``(6) Immediate family.--The term `immediate family' means, 
        with respect to any candidate--
                    ``(A) the candidate's spouse;
                    ``(B) a child, stepchild, parent, grandparent, 
                brother, half-brother, sister, or half-sister of the 
                candidate or the candidate's spouse; and
                    ``(C) the spouse of any person described in 
                subparagraph (B).
            ``(7) Matching contribution.--The term `matching 
        contribution' means a matching payment provided to a 
        participating candidate for qualified small dollar 
        contributions, as provided under section 523.
            ``(8) Nonparticipating candidate.--The term 
        `nonparticipating candidate' means a candidate for Senator who 
        is not a participating candidate.
            ``(9) Participating candidate.--The term `participating 
        candidate' means a candidate for Senator who is certified under 
        section 515 as being eligible to receive an allocation from the 
        Fund.
            ``(10) Qualifying contribution.--The term `qualifying 
        contribution' means, with respect to a candidate, a 
        contribution that--
                    ``(A) is in an amount that is--
                            ``(i) not less than the greater of $5 or 
                        the amount determined by the Commission under 
                        section 531; and
                            ``(ii) not more than the greater of $150 or 
                        the amount determined by the Commission under 
                        section 531;
                    ``(B) is made by an individual--
                            ``(i) who is a resident of the State in 
                        which such candidate is seeking election; and
                            ``(ii) who is not otherwise prohibited from 
                        making a contribution under this Act;
                    ``(C) is made during the Fair Elections qualifying 
                period; and
                    ``(D) meets the requirements of section 512(b).
            ``(11) Qualified small dollar contribution.--The term 
        `qualified small dollar contribution' means, with respect to a 
        candidate, any contribution (or series of contributions)--
                    ``(A) which is not a qualifying contribution (or 
                does not include a qualifying contribution);
                    ``(B) which is made by an individual who is not 
                prohibited from making a contribution under this Act; 
                and
                    ``(C) the aggregate amount of which does not exceed 
                the greater of--
                            ``(i) $150 per election; or
                            ``(ii) the amount per election determined 
                        by the Commission under section 531.
            ``(12) Qualifying multicandidate political committee 
        contribution.--
                    ``(A) In general.--The term `qualifying 
                multicandidate political committee contribution' means 
                any contribution to a candidate that is made from a 
                qualified account of a multicandidate political 
                committee (within the meaning of section 315(a)(2)).
                    ``(B) Qualified account.--For purposes of 
                subparagraph (A), the term `qualified account' means, 
                with respect to a multicandidate political committee, a 
                separate, segregated account of the committee that 
                consists solely of contributions which meet the 
                following requirements:
                            ``(i) All contributions to such account are 
                        made by individuals who are not prohibited from 
                        making contributions under this Act.
                            ``(ii) The aggregate amount of 
                        contributions from each individual to such 
                        account and all other accounts of the political 
                        committee do not exceed the amount described in 
                        paragraph (11)(C).

``SEC. 502. FAIR ELECTIONS FUND.

    ``(a) Establishment.--There is established in the Treasury a fund 
to be known as the `Fair Elections Fund'.
    ``(b) Amounts Held by Fund.--The Fund shall consist of the 
following amounts:
            ``(1) Appropriated amounts.--
                    ``(A) In general.--Amounts appropriated to the 
                Fund.
                    ``(B) Sense of the senate regarding 
                appropriations.--It is the sense of the Senate that--
                            ``(i) there should be imposed on any 
                        payment made to any person (other than a State 
                        or local government or a foreign nation) who 
                        has a contract with the Government of the 
                        United States in excess of $10,000,000 a tax 
                        equal to 0.50 percent of amount paid pursuant 
                        to each contract, except that the aggregate tax 
                        on each contract for any taxable year shall not 
                        exceed $500,000; and
                            ``(ii) the revenue from such tax should be 
                        appropriated to the Fund.
            ``(2) Voluntary contributions.--Voluntary contributions to 
        the Fund.
            ``(3) Other deposits.--Amounts deposited into the Fund 
        under--
                    ``(A) section 513(c) (relating to exceptions to 
                contribution requirements);
                    ``(B) section 521(c) (relating to remittance of 
                allocations from the Fund);
                    ``(C) section 533 (relating to violations); and
                    ``(D) any other section of this Act.
            ``(4) Investment returns.--Interest on, and the proceeds 
        from, the sale or redemption of, any obligations held by the 
        Fund under subsection (c).
    ``(c) Investment.--The Commission shall invest portions of the Fund 
in obligations of the United States in the same manner as provided 
under section 9602(b) of the Internal Revenue Code of 1986.
    ``(d) Use of Fund.--
            ``(1) In general.--The sums in the Fund shall be used to 
        provide benefits to participating candidates as provided in 
        subtitle C.
            ``(2) Insufficient amounts.--Under regulations established 
        by the Commission, rules similar to the rules of section 
        9006(c) of the Internal Revenue Code shall apply.

              ``Subtitle B--Eligibility and Certification

``SEC. 511. ELIGIBILITY.

    ``(a) In General.--A candidate for Senator is eligible to receive 
an allocation from the Fund for any election if the candidate meets the 
following requirements:
            ``(1) The candidate files with the Commission a statement 
        of intent to seek certification as a participating candidate 
        under this title during the period beginning on the Fair 
        Elections start date and ending on the last day of the Fair 
        Elections qualifying period.
            ``(2) The candidate meets the qualifying contribution 
        requirements of section 512.
            ``(3) Not later than the last day of the Fair Elections 
        qualifying period, the candidate files with the Commission an 
        affidavit signed by the candidate and the treasurer of the 
        candidate's principal campaign committee declaring that the 
        candidate--
                    ``(A) has complied and, if certified, will comply 
                with the contribution and expenditure requirements of 
                section 513;
                    ``(B) if certified, will comply with the debate 
                requirements of section 514;
                    ``(C) if certified, will not run as a 
                nonparticipating candidate during such year in any 
                election for the office that such candidate is seeking; 
                and
                    ``(D) has either qualified or will take steps to 
                qualify under State law to be on the ballot.
    ``(b) General Election.--Notwithstanding subsection (a), a 
candidate shall not be eligible to receive an allocation from the Fund 
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 election or the candidate otherwise qualified to be on 
the ballot under State law.

``SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT.

    ``(a) In General.--A candidate for Senator meets the requirement of 
this section if, during the Fair Elections qualifying period, the 
candidate obtains--
            ``(1) a number of qualifying contributions equal to the 
        greater of--
                    ``(A) the sum of--
                            ``(i) 2,000; plus
                            ``(ii) 500 for each congressional district 
                        in the State with respect to which the 
                        candidate is seeking election; or
                    ``(B) the amount determined by the Commission under 
                section 531; and
            ``(2) a total dollar amount of qualifying contributions 
        equal to the greater of--
                    ``(A) 10 percent of the amount of the allocation 
                such candidate would be entitled to receive for the 
                primary election under section 522(c)(1) (determined 
                without regard to paragraph (5) thereof) if such 
                candidate were a participating candidate; or
                    ``(B) the amount determined by the Commission under 
                section 531.
    ``(b) Requirements Relating to Receipt of Qualifying 
Contribution.--Each qualifying contribution--
            ``(1) may be made by means of a personal check, money 
        order, debit card, credit card, or electronic payment account;
            ``(2) shall be accompanied by a signed statement 
        containing--
                    ``(A) the contributor's name and the contributor's 
                address in the State in which the contributor is 
                registered to vote; and
                    ``(B) an oath declaring that the contributor--
                            ``(i) understands that the purpose of the 
                        qualifying contribution is to show support for 
                        the candidate so that the candidate may qualify 
                        for Fair Elections financing;
                            ``(ii) is making the contribution in his or 
                        her own name and from his or her own funds;
                            ``(iii) has made the contribution 
                        willingly; and
                            ``(iv) has not received anything of value 
                        in return for the contribution; and
            ``(3) shall be acknowledged by a receipt that is sent to 
        the contributor with a copy kept by the candidate 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 election.
    ``(c) Verification of Qualifying Contributions.--The Commission 
shall establish procedures for the auditing and verification of 
qualifying contributions to ensure that such contributions meet the 
requirements of this section.

``SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.

    ``(a) General Rule.--A candidate for Senator meets the requirements 
of this section if, during the election cycle of the candidate, the 
candidate--
            ``(1) except as provided in subsection (b), accepts no 
        contributions other than--
                    ``(A) qualifying contributions;
                    ``(B) qualified small dollar contributions;
                    ``(C) qualifying multicandidate political committee 
                contributions;
                    ``(D) allocations from the Fund under section 522;
                    ``(E) matching contributions under section 523; and
                    ``(F) vouchers provided to the candidate under 
                section 524;
            ``(2) makes no expenditures from any amounts other than 
        from--
                    ``(A) qualifying contributions;
                    ``(B) qualified small dollar contributions;
                    ``(C) qualifying multicandidate political committee 
                contributions;
                    ``(D) allocations from the Fund under section 522;
                    ``(E) matching contributions under section 523; and
                    ``(F) vouchers provided to the candidate under 
                section 524; and
            ``(3) makes no expenditures from personal funds or the 
        funds of any immediate family member (other than funds received 
        through qualified small dollar contributions and qualifying 
        contributions).
For purposes of this subsection, a payment made by a political party in 
coordination with a participating candidate shall not be treated as a 
contribution to or as an expenditure made by the participating 
candidate.
    ``(b) Contributions for Leadership PACs, etc.--A political 
committee of a participating candidate which is not an authorized 
committee of such candidate may accept contributions other than 
contributions described in subsection (a)(1) from any person if--
            ``(1) the aggregate contributions from such person for any 
        calendar year do not exceed $150; and
            ``(2) no portion of such contributions is disbursed in 
        connection with the campaign of the participating candidate.
    ``(c) Exception.--Notwithstanding subsection (a), a candidate shall 
not be treated as having failed to meet the requirements of this 
section if any contributions that are not qualified small dollar 
contributions, qualifying contributions, qualifying multicandidate 
political committee contributions, or contributions that meet the 
requirements of subsection (b) and that are accepted before the date 
the candidate files a statement of intent under section 511(a)(1) are--
            ``(1) returned to the contributor; or
            ``(2) submitted to the Commission for deposit in the Fund.

``SEC. 514. DEBATE REQUIREMENT.

    ``A candidate for Senator meets the requirements of this section if 
the candidate participates in at least--
            ``(1) 1 public debate before the primary election with 
        other participating candidates and other willing candidates 
        from the same party and seeking the same nomination as such 
        candidate; and
            ``(2) 2 public debates before the general election with 
        other participating candidates and other willing candidates 
        seeking the same office as such candidate.

``SEC. 515. CERTIFICATION.

    ``(a) In General.--Not later than 5 days after a candidate for 
Senator files an affidavit under section 511(a)(3), the Commission 
shall--
            ``(1) certify whether or not the candidate is a 
        participating candidate; and
            ``(2) notify the candidate of the Commission's 
        determination.
    ``(b) Revocation of Certification.--
            ``(1) In general.--The Commission may revoke a 
        certification under subsection (a) if--
                    ``(A) a candidate fails to qualify to appear on the 
                ballot at any time after the date of certification; 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 certification is revoked 
        under paragraph (1), the candidate shall repay to the Fund an 
        amount equal to the value of benefits received under this title 
        plus interest (at a rate determined by the Commission) on any 
        such amount received.

                         ``Subtitle C--Benefits

``SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES.

    ``(a) In General.--For each election with respect to which a 
candidate is certified as a participating candidate, such candidate 
shall be entitled to--
            ``(1) an allocation from the Fund to make or obligate to 
        make expenditures with respect to such election, as provided in 
        section 522;
            ``(2) matching contributions, as provided in section 523; 
        and
            ``(3) for the general election, vouchers for broadcasts of 
        political advertisements, as provided in section 524.
    ``(b) Restriction on Uses of Allocations From the Fund.--
Allocations from the Fund received by a participating candidate under 
section 522 and matching contributions under section 523 may only be 
used for campaign-related costs.
    ``(c) Remitting Allocations From the Fund.--
            ``(1) In general.--Not later than the date that is 45 days 
        after an election in which the participating candidate appeared 
        on the ballot, such participating candidate shall remit to the 
        Commission for deposit in the Fund an amount equal to the 
        lesser of--
                    ``(A) the amount of money in the candidate's 
                campaign account; or
                    ``(B) the sum of the allocations from the Fund 
                received by the candidate under section 522 and the 
                matching contributions received by the candidate under 
                section 523.
            ``(2) Exception.--In the case of a candidate who qualifies 
        to be on the ballot for a primary runoff election, a general 
        election, or a general runoff election, the amounts described 
        in paragraph (1) may be retained by the candidate and used in 
        such subsequent election.

``SEC. 522. ALLOCATIONS FROM THE FUND.

    ``(a) In General.--The Commission shall make allocations from the 
Fund under section 521(a)(1) to a participating candidate--
            ``(1) in the case of amounts provided under subsection 
        (c)(1), not later than 48 hours after the date on which such 
        candidate is certified as a participating candidate under 
        section 515;
            ``(2) in the case of a general election, not later than 48 
        hours after--
                    ``(A) the date of the certification of the results 
                of the primary election or the primary runoff election; 
                or
                    ``(B) in any case in which there is no primary 
                election, the date the candidate qualifies to be placed 
                on the ballot; and
            ``(3) in the case of a primary runoff election or a general 
        runoff election, not later than 48 hours after the 
        certification of the results of the primary election or the 
        general election, as the case may be.
    ``(b) Method of Payment.--The Commission shall distribute funds 
available to participating candidates under this section through the 
use of an electronic funds exchange or a debit card.
    ``(c) Amounts.--
            ``(1) Primary election allocation; initial allocation.--
        Except as provided in paragraph (5), the Commission shall make 
        an allocation from the Fund for a primary election to a 
        participating candidate in an amount equal to 67 percent of the 
        base amount with respect to such participating candidate.
            ``(2) Primary runoff election allocation.--The Commission 
        shall make an allocation from the Fund for a primary runoff 
        election to a participating candidate in an amount equal to 25 
        percent of the amount the participating candidate was eligible 
        to receive under this section for the primary election.
            ``(3) General election allocation.--Except as provided in 
        paragraph (5), the Commission shall make an allocation from the 
        Fund for a general election to a participating candidate in an 
        amount equal to the base amount with respect to such candidate.
            ``(4) General runoff election allocation.--The Commission 
        shall make an allocation from the Fund for a general runoff 
        election to a participating candidate in an amount equal to 25 
        percent of the base amount with respect to such candidate.
            ``(5) Uncontested elections.--
                    ``(A) In general.--In the case of a primary or 
                general election that is an uncontested election, the 
                Commission shall make an allocation from the Fund to a 
                participating candidate for such election in an amount 
                equal to 25 percent of the allocation which such 
                candidate would be entitled to under this section for 
                such election if this paragraph did not apply.
                    ``(B) Uncontested election defined.--For purposes 
                of this subparagraph, an election is uncontested if not 
                more than 1 candidate has campaign funds (including 
                payments from the Fund) in an amount equal to or 
                greater than 10 percent of the allocation a 
                participating candidate would be entitled to receive 
                under this section for such election if this paragraph 
                did not apply.
    ``(d) Base Amount.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the base amount for any candidate is an amount 
        equal to the greater of--
                    ``(A) the sum of--
                            ``(i) $750,000; plus
                            ``(ii) $150,000 for each congressional 
                        district in the State with respect to which the 
                        candidate is seeking election; or
                    ``(B) the amount determined by the Commission under 
                section 531.
            ``(2) Indexing.--In each even-numbered year after 2021--
                    ``(A) each dollar amount under paragraph (1)(A) 
                shall be increased by the percent difference between 
                the price index (as defined in section 315(c)(2)(A)) 
                for the 12 months preceding the beginning of such 
                calendar year and the price index for calendar year 
                2020;
                    ``(B) each dollar amount so increased shall remain 
                in effect for the 2-year period beginning on the first 
                day following the date of the last general election in 
                the year preceding the year in which the amount is 
                increased and ending on the date of the next general 
                election; and
                    ``(C) if any amount after adjustment under 
                subparagraph (A) is not a multiple of $100, such amount 
                shall be rounded to the nearest multiple of $100.

``SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL DOLLAR CONTRIBUTIONS.

    ``(a) In General.--The Commission shall pay to each participating 
candidate an amount equal to 600 percent of the amount of qualified 
small dollar contributions received by the candidate from individuals 
who are residents of the State in which such participating candidate is 
seeking election after the date on which such candidate is certified 
under section 515.
    ``(b) Limitation.--The aggregate payments under subsection (a) with 
respect to any candidate shall not exceed the greater of--
            ``(1) 400 percent of the allocation such candidate is 
        entitled to receive for such election under section 522 
        (determined without regard to subsection (c)(5) thereof); or
            ``(2) the percentage of such allocation determined by the 
        Commission under section 531.
    ``(c) Time of Payment.--The Commission shall make payments under 
this section not later than 2 business days after the receipt of a 
report made under subsection (d).
    ``(d) Reports.--
            ``(1) In general.--Each participating candidate shall file 
        reports of receipts of qualified small dollar contributions 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--
                    ``(A) the amount of each qualified small dollar 
                contribution received by the candidate;
                    ``(B) the amount of each qualified small dollar 
                contribution received by the candidate from a resident 
                of the State in which the candidate is seeking 
                election; and
                    ``(C) the name, address, and occupation of each 
                individual who made a qualified small dollar 
                contribution to the candidate.
            ``(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 described in 
                subparagraph (A) and until the date that is 21 days 
                before the election; and
                    ``(C) once every day after the period described in 
                subparagraph (B).
            ``(4) Limitation on regulations.--The Commission may not 
        prescribe any regulations with respect to reporting under this 
        subsection with respect to any election after the date that is 
        180 days before the date of such election.
    ``(e) Appeals.--The Commission shall provide a written explanation 
with respect to any denial of any payment under this section and shall 
provide the opportunity for review and reconsideration within 5 
business days of such denial.

``SEC. 524. POLITICAL ADVERTISING VOUCHERS.

    ``(a) In General.--The Commission shall establish and administer a 
voucher program for the purchase of airtime on broadcasting stations 
for political advertisements in accordance with the provisions of this 
section.
    ``(b) Candidates.--The Commission shall only disburse vouchers 
under the program established under subsection (a) to participants 
certified pursuant to section 515 who have agreed in writing to keep 
and furnish to the Commission such records, books, and other 
information as it may require.
    ``(c) Amounts.--The Commission shall disburse vouchers to each 
candidate certified under subsection (b) in an aggregate amount equal 
to the greater of--
            ``(1) $100,000 multiplied by the number of congressional 
        districts in the State with respect to which such candidate is 
        running for office; or
            ``(2) the amount determined by the Commission under section 
        531.
    ``(d) Use.--
            ``(1) Exclusive use.--Vouchers disbursed by the Commission 
        under this section may be used only for the purchase of 
        broadcast airtime for political advertisements relating to a 
        general election for the office of Senate by the participating 
        candidate to which the vouchers were disbursed, except that--
                    ``(A) a candidate may exchange vouchers with a 
                political party under paragraph (2); and
                    ``(B) a political party may use vouchers only to 
                purchase broadcast airtime for political advertisements 
                for generic party advertising (as defined by the 
                Commission in regulations), to support candidates for 
                State or local office in a general election, or to 
                support participating candidates of the party in a 
                general election for Federal office, but only if it 
                discloses the value of the voucher used as an 
                expenditure under section 315(d).
            ``(2) Exchange with political party committee.--
                    ``(A) In general.--A participating candidate who 
                receives a voucher under this section may transfer the 
                right to use all or a portion of the value of the 
                voucher to a committee of the political party of which 
                the individual is a candidate (or, in the case of a 
                participating candidate who is not a member of any 
                political party, to a committee of the political party 
                of that candidate's choice) in exchange for money in an 
                amount equal to the cash value of the voucher or 
                portion exchanged.
                    ``(B) Continuation of candidate obligations.--The 
                transfer of a voucher, in whole or in part, to a 
                political party committee under this paragraph does not 
                release the candidate from any obligation under the 
                agreement made under subsection (b) or otherwise modify 
                that agreement or its application to that candidate.
                    ``(C) Party committee obligations.--Any political 
                party committee to which a voucher or portion thereof 
                is transferred under subparagraph (A)--
                            ``(i) shall account fully, in accordance 
                        with such requirements as the Commission may 
                        establish, for the receipt of the voucher; and
                            ``(ii) may not use the transferred voucher 
                        or portion thereof for any purpose other than a 
                        purpose described in paragraph (1)(B).
                    ``(D) Voucher as a contribution under feca.--If a 
                candidate transfers a voucher or any portion thereof to 
                a political party committee under subparagraph (A)--
                            ``(i) the value of the voucher or portion 
                        thereof transferred shall be treated as a 
                        contribution from the candidate to the 
                        committee, and from the committee to the 
                        candidate, for purposes of sections 302 and 
                        304;
                            ``(ii) the committee may, in exchange, 
                        provide to the candidate only funds subject to 
                        the prohibitions, limitations, and reporting 
                        requirements of title III of this Act; and
                            ``(iii) the amount, if identified as a 
                        `voucher exchange', shall not be considered a 
                        contribution for the purposes of sections 315 
                        and 513.
    ``(e) Value; Acceptance; Redemption.--
            ``(1) Voucher.--Each voucher disbursed by the Commission 
        under this section shall have a value in dollars, redeemable 
        upon presentation to the Commission, together with such 
        documentation and other information as the Commission may 
        require, for the purchase of broadcast airtime for political 
        advertisements in accordance with this section.
            ``(2) Acceptance.--A broadcasting station shall accept 
        vouchers in payment for the purchase of broadcast airtime for 
        political advertisements in accordance with this section.
            ``(3) Redemption.--The Commission shall redeem vouchers 
        accepted by broadcasting stations under paragraph (2) upon 
        presentation, subject to such documentation, verification, 
        accounting, and application requirements as the Commission may 
        impose to ensure the accuracy and integrity of the voucher 
        redemption system.
            ``(4) Expiration.--
                    ``(A) Candidates.--A voucher may only be used to 
                pay for broadcast airtime for political advertisements 
                to be broadcast before midnight on the day before the 
                date of the Federal election in connection with which 
                it was issued and shall be null and void for any other 
                use or purpose.
                    ``(B) Exception for political party committees.--A 
                voucher held by a political party committee may be used 
                to pay for broadcast airtime for political 
                advertisements to be broadcast before midnight on 
                December 31st of the odd-numbered year following the 
                year in which the voucher was issued by the Commission.
            ``(5) Voucher as expenditure under feca.--The use of a 
        voucher to purchase broadcast airtime constitutes an 
        expenditure as defined in section 301(9)(A).
    ``(f) Definitions.--In this section:
            ``(1) Broadcasting station.--The term `broadcasting 
        station' has the meaning given that term by section 315(f)(1) 
        of the Communications Act of 1934.
            ``(2) Political party.--The term `political party' means a 
        major party or a minor party as defined in section 9002 (3) or 
        (4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002 (3) or 
        (4)).

                ``Subtitle D--Administrative Provisions

``SEC. 531. FAIR ELECTIONS OVERSIGHT BOARD.

    ``(a) Establishment.--There is established within the Federal 
Election Commission an entity to be known as the `Fair Elections 
Oversight Board'.
    ``(b) Structure and Membership.--
            ``(1) In general.--The Board shall be composed of 5 members 
        appointed by the President by and with the advice and consent 
        of the Senate, of whom--
                    ``(A) 2 shall be appointed after consultation with 
                the majority leader of the Senate;
                    ``(B) 2 shall be appointed after consultation with 
                the minority leader of the Senate; and
                    ``(C) 1 shall be appointed upon the recommendation 
                of the members appointed under subparagraphs (A) and 
                (B).
            ``(2) Qualifications.--
                    ``(A) In general.--The members shall be individuals 
                who are nonpartisan and, by reason of their education, 
                experience, and attainments, exceptionally qualified to 
                perform the duties of members of the Board.
                    ``(B) Prohibition.--No member of the Board may be--
                            ``(i) an employee of the Federal 
                        Government;
                            ``(ii) a registered lobbyist; or
                            ``(iii) an officer or employee of a 
                        political party or political campaign.
            ``(3) Date.--Members of the Board shall be appointed not 
        later than 60 days after the date of the enactment of this Act.
            ``(4) Terms.--A member of the Board shall be appointed for 
        a term of 5 years.
            ``(5) Vacancies.--A vacancy on the Board shall be filled 
        not later than 30 calendar days after the date on which the 
        Board is given notice of the vacancy, in the same manner as the 
        original appointment. The individual appointed to fill the 
        vacancy shall serve only for the unexpired portion of the term 
        for which the individual's predecessor was appointed.
            ``(6) Chairperson.--The Board shall designate a Chairperson 
        from among the members of the Board.
    ``(c) Duties and Powers.--
            ``(1) Administration.--
                    ``(A) In general.--The Board shall have such duties 
                and powers as the Commission may prescribe, including 
                the power to administer the provisions of this title.
            ``(2) Review of fair elections financing.--
                    ``(A) In general.--After each general election for 
                Federal office, the Board shall conduct a comprehensive 
                review of the Fair Elections financing program under 
                this title, including--
                            ``(i) the maximum dollar amount of 
                        qualified small dollar contributions under 
                        section 501(11);
                            ``(ii) the maximum and minimum dollar 
                        amounts for qualifying contributions under 
                        section 501(10);
                            ``(iii) the number and value of qualifying 
                        contributions a candidate is required to obtain 
                        under section 512 to qualify for allocations 
                        from the Fund;
                            ``(iv) the amount of allocations from the 
                        Fund that candidates may receive under section 
                        522;
                            ``(v) the maximum amount of matching 
                        contributions a candidate may receive under 
                        section 523;
                            ``(vi) the amount and usage of vouchers 
                        under section 524;
                            ``(vii) the overall satisfaction of 
                        participating candidates and the American 
                        public with the program; and
                            ``(viii) such other matters relating to 
                        financing of Senate campaigns as the Board 
                        determines are appropriate.
                    ``(B) Criteria for review.--In conducting the 
                review under subparagraph (A), the Board shall consider 
                the following:
                            ``(i) Qualifying contributions and 
                        qualified small dollar contributions.--The 
                        Board shall consider whether the number and 
                        dollar amount of qualifying contributions 
                        required and maximum dollar amount for such 
                        qualifying contributions and qualified small 
                        dollar contributions strikes a balance 
                        regarding the importance of voter involvement, 
                        the need to assure adequate incentives for 
                        participating, and fiscal responsibility, 
                        taking into consideration the number of primary 
                        and general election participating candidates, 
                        the electoral performance of those candidates, 
                        program cost, and any other information the 
                        Board determines is appropriate.
                            ``(ii) Review of program benefits.--The 
                        Board shall consider whether the totality of 
                        the amount of funds allowed to be raised by 
                        participating candidates (including through 
                        qualifying contributions and small dollar 
                        contributions), allocations from the Fund under 
                        section 522, matching contributions under 
                        section 523, and vouchers under section 524 are 
                        sufficient for voters in each State to learn 
                        about the candidates to cast an informed vote, 
                        taking into account the historic amount of 
                        spending by winning candidates, media costs, 
                        primary election dates, and any other 
                        information the Board determines is 
                        appropriate.
                    ``(C) Adjustment of amounts.--
                            ``(i) In general.--Based on the review 
                        conducted under subparagraph (A), the Board 
                        shall provide for the adjustments of the 
                        following amounts:
                                    ``(I) The maximum dollar amount of 
                                qualified small dollar contributions 
                                under section 501(11)(C).
                                    ``(II) The maximum and minimum 
                                dollar amounts for qualifying 
                                contributions under section 501(10)(A).
                                    ``(III) The number and value of 
                                qualifying contributions a candidate is 
                                required to obtain under section 
                                512(a)(1).
                                    ``(IV) The base amount for 
                                candidates under section 522(d).
                                    ``(V) The maximum amount of 
                                matching contributions a candidate may 
                                receive under section 523(b).
                                    ``(VI) The dollar amount for 
                                vouchers under section 524(c).
                            ``(ii) Regulations.--The Commission shall 
                        promulgate regulations providing for the 
                        adjustments made by the Board under clause (i).
                    ``(D) Report.--Not later than March 30 following 
                any general election for Federal office, the Board 
                shall submit a report to Congress on the review 
                conducted under paragraph (1). Such report shall 
                contain a detailed statement of the findings, 
                conclusions, and recommendations of the Board based on 
                such review.
    ``(d) Meetings and Hearings.--
            ``(1) Meetings.--The Board may hold such hearings, sit and 
        act at such times and places, take such testimony, and receive 
        such evidence as the Board considers advisable to carry out the 
        purposes of this Act.
            ``(2) Quorum.--Three members of the Board shall constitute 
        a quorum for purposes of voting, but a quorum is not required 
        for members to meet and hold hearings.
    ``(e) Reports.--Not later than March 30, 2019, and every 2 years 
thereafter, the Board shall submit to the Senate Committee on Rules and 
Administration a report documenting, evaluating, and making 
recommendations relating to the administrative implementation and 
enforcement of the provisions of this title.
    ``(f) Administration.--
            ``(1) Compensation of members.--
                    ``(A) In general.--Each member, other than the 
                Chairperson, shall be paid at a rate equal to the daily 
                equivalent of the minimum annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code.
                    ``(B) Chairperson.--The Chairperson shall be paid 
                at a rate equal to the daily equivalent of the minimum 
                annual rate of basic pay prescribed for level III of 
                the Executive Schedule under section 5314 of title 5, 
                United States Code.
            ``(2) Personnel.--
                    ``(A) Director.--The Board shall have a staff 
                headed by an Executive Director. The Executive Director 
                shall be paid at a rate equivalent to a rate 
                established for the Senior Executive Service under 
                section 5382 of title 5, United States Code.
                    ``(B) Staff appointment.--With the approval of the 
                Chairperson, the Executive Director may appoint such 
                personnel as the Executive Director and the Board 
                determines to be appropriate.
                    ``(C) Actuarial experts and consultants.--With the 
                approval of the Chairperson, the Executive Director may 
                procure temporary and intermittent services under 
                section 3109(b) of title 5, United States Code.
                    ``(D) Detail of government employees.--Upon the 
                request of the Chairperson, the head of any Federal 
                agency may detail, without reimbursement, any of the 
                personnel of such agency to the Board to assist in 
                carrying out the duties of the Board. Any such detail 
                shall not interrupt or otherwise affect the civil 
                service status or privileges of the Federal employee.
                    ``(E) Other resources.--The Board shall have 
                reasonable access to materials, resources, statistical 
                data, and other information from the Library of 
                Congress and other agencies of the executive and 
                legislative branches of the Federal Government. The 
                Chairperson of the Board shall make requests for such 
                access in writing when necessary.
    ``(g) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out the purposes of 
this subtitle.

``SEC. 532. ADMINISTRATION PROVISIONS.

    ``The Commission shall prescribe regulations to carry out the 
purposes of this title, including regulations--
            ``(1) to establish procedures for--
                    ``(A) verifying the amount of valid qualifying 
                contributions with respect to a candidate;
                    ``(B) effectively and efficiently monitoring and 
                enforcing the limits on the raising of qualified small 
                dollar contributions;
                    ``(C) monitoring the raising of qualifying 
                multicandidate political committee contributions 
                through effectively and efficiently monitoring and 
                enforcing the limits on individual contributions to 
                qualified accounts of multicandidate political 
                committees;
                    ``(D) effectively and efficiently monitoring and 
                enforcing the limits on the use of personal funds by 
                participating candidates;
                    ``(E) monitoring the use of allocations from the 
                Fund and matching contributions under this title 
                through audits or other mechanisms; and
                    ``(F) the administration of the voucher program 
                under section 524; and
            ``(2) regarding the conduct of debates in a manner 
        consistent with the best practices of States that provide 
        public financing for elections.

``SEC. 533. VIOLATIONS AND PENALTIES.

    ``(a) Civil Penalty for Violation of Contribution and Expenditure 
Requirements.--If a candidate who has been certified as a participating 
candidate under section 515(a) accepts a contribution or makes an 
expenditure that is prohibited under section 513, 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 subsection shall be deposited into the 
Fund.
    ``(b) Repayment for Improper Use of Fair Elections Fund.--
            ``(1) In general.--If the Commission determines that any 
        benefit made available to a participating candidate under this 
        title was not used as provided for in this title or that a 
        participating candidate has violated any of the dates for 
        remission of funds contained in this title, the Commission 
        shall so notify the candidate and the candidate shall pay to 
        the 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 proceedings by the Commission in 
        accordance with section 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. 2103. EXCEPTION TO LIMITATION ON COORDINATED EXPENDITURES BY 
              POLITICAL PARTY COMMITTEES WITH PARTICIPATING CANDIDATES.

    Section 315(d) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30116(d)) is amended--
            (1) in paragraph (3)(A), by striking ``in the case of'' and 
        inserting ``except as provided in paragraph (5), in the case 
        of''; and
            (2) by adding at the end the following new paragraph:
    ``(6)(A) The limitation under paragraph (3)(A) shall not apply with 
respect to any expenditure from a qualified political party-
participating candidate coordinated expenditure fund.
    ``(B) In this paragraph, the term `qualified political party-
participating candidate coordinated expenditure fund' means a fund 
established by the national committee of a political party, or a State 
committee of a political party, including any subordinate committee of 
a State committee, for purposes of making expenditures in connection 
with the general election campaign of a candidate for election to the 
office of Senator who is a participating candidate (as defined in 
section 501), that only accepts qualified coordinated expenditure 
contributions.
    ``(C) In this paragraph, the term `qualified coordinated 
expenditure contribution' means, with respect to the general election 
campaign of a candidate for election to the office of Senator who is a 
participating candidate (as defined in section 501), any contribution 
(or series of contributions)--
            ``(i) which is made by an individual who is not prohibited 
        from making a contribution under this Act; and
            ``(ii) the aggregate amount of which does not exceed $500 
        per election.''.

                 Subpart B--Improving Voter Information

SEC. 2111. BROADCASTS RELATING TO ALL SENATE CANDIDATES.

    (a) Lowest Unit Charge; National Committees.--Section 315(b)(1) of 
the Communications Act of 1934 (47 U.S.C. 315(b)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``to such office'' and inserting the following: ``to such 
        office, or by a national committee of a political party on 
        behalf of such candidate in connection with such campaign,''; 
        and
            (2) in subparagraph (A), by inserting ``for preemptible use 
        thereof'' after ``station''.
    (b) Preemption; Audits.--Section 315 of the Communications Act of 
1934 (47 U.S.C. 315) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (f) and (g), respectively and moving them to follow the 
        existing subsection (e);
            (2) by redesignating the existing subsection (e) as 
        subsection (c); and
            (3) by inserting after subsection (c) (as redesignated by 
        paragraph (2)) the following:
    ``(d) Preemption.--
            ``(1) In general.--Except as provided in paragraph (2), and 
        notwithstanding the requirements of subsection (b)(1)(A), a 
        licensee shall not preempt the use of a broadcasting station by 
        a legally qualified candidate for Senate who has purchased and 
        paid for such use.
            ``(2) Circumstances beyond control of licensee.--If a 
        program to be broadcast by a broadcasting station is preempted 
        because of circumstances beyond the control of the station, any 
        candidate or party advertising spot scheduled to be broadcast 
        during that program shall be treated in the same fashion as a 
        comparable commercial advertising spot.
    ``(e) Audits.--During the 30-day period preceding a primary or 
primary runoff election and the 60-day period preceding a general or 
special election, the Commission shall conduct such audits as it deems 
necessary to ensure that each licensee to which this section applies is 
allocating television broadcast advertising time in accordance with 
this section and section 312.''.
    (c) Revocation of License for Failure To Permit Access.--Section 
312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is 
amended--
            (1) by striking ``or repeated'';
            (2) by inserting ``or cable system'' after ``broadcasting 
        station''; and
            (3) by striking ``his candidacy'' and inserting ``the 
        candidacy of the candidate, under the same terms, conditions, 
        and business practices as apply to the most favored advertiser 
        of the licensee''.
    (d) Technical and Conforming Amendments.--Section 315 of the 
Communications Act of 1934 (47 U.S.C. 315) is amended--
            (1) in subsection (f), as redesignated by subsection 
        (b)(1)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``For purposes of this section--'' and 
                inserting the following: ``Definitions.--For purposes 
                of this section:'';
                    (B) in paragraph (1)--
                            (i) by striking ``the term'' and inserting 
                        ``Broadcasting station.--The term''; and
                            (ii) by striking ``; and'' and inserting a 
                        period; and
                    (C) in paragraph (2), by striking ``the terms'' and 
                inserting ``Licensee; station licensee.--The terms''; 
                and
            (2) in subsection (g), as redesignated by subsection 
        (b)(1), by striking ``The Commission'' and inserting 
        ``Regulations.--The Commission''.

SEC. 2112. BROADCAST RATES FOR PARTICIPATING CANDIDATES.

    Section 315(b) of the Communications Act of 1934 (47 U.S.C. 
315(b)), as amended by section 2111, is amended--
            (1) in paragraph (1)(A), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following:
            ``(3) Participating candidates.--In the case of a 
        participating candidate (as defined in section 501(9) of the 
        Federal Election Campaign Act of 1971), the charges made for 
        the use of any broadcasting station for a television broadcast 
        shall not exceed 80 percent of the lowest charge described in 
        paragraph (1)(A) during--
                    ``(A) the 45 days preceding the date of a primary 
                or primary runoff election in which the candidate is 
                opposed; and
                    ``(B) the 60 days preceding the date of a general 
                or special election in which the candidate is opposed.
            ``(4) Rate cards.--A licensee shall provide to a candidate 
        for Senate a rate card that discloses--
                    ``(A) the rate charged under this subsection; and
                    ``(B) the method that the licensee uses to 
                determine the rate charged under this subsection.''.

SEC. 2113. FCC TO PRESCRIBE STANDARDIZED FORM FOR REPORTING CANDIDATE 
              CAMPAIGN ADS.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Federal Communications Commission shall initiate a 
rulemaking proceeding to establish a standardized form to be used by 
each broadcasting station, as defined in section 315(f) of the 
Communications Act of 1934 (47 U.S.C. 315(f)) (as redesignated by 
section 2111(b)(1)), to record and report the purchase of advertising 
time by or on behalf of a candidate for nomination for election, or for 
election, to Federal elective office.
    (b) Contents.--The form prescribed by the Federal Communications 
Commission under subsection (a) shall require a broadcasting station to 
report to the Federal Communications Commission and to the Federal 
Election Commission, at a minimum--
            (1) the station call letters and mailing address;
            (2) the name and telephone number of the station's sales 
        manager (or individual with responsibility for advertising 
        sales);
            (3) the name of the candidate who purchased the advertising 
        time, or on whose behalf the advertising time was purchased, 
        and the Federal elective office for which he or she is a 
        candidate;
            (4) the name, mailing address, and telephone number of the 
        person responsible for purchasing broadcast political 
        advertising for the candidate;
            (5) notation as to whether the purchase agreement for which 
        the information is being reported is a draft or final version; 
        and
            (6) with respect to the advertisement--
                    (A) the date and time of the broadcast;
                    (B) the program in which the advertisement was 
                broadcast; and
                    (C) the length of the broadcast airtime.
    (c) Internet Access.--In its rulemaking under subsection (a), the 
Federal Communications Commission shall require any broadcasting 
station required to file a report under this section that maintains an 
Internet website to make available a link to each such report on that 
website.

      PART II--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION

SEC. 2121. PETITION FOR CERTIORARI.

    Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding 
before the Supreme Court on certiorari)'' after ``appeal''.

SEC. 2122. ELECTRONIC FILING OF FEC REPORTS.

    Section 304(a)(11) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30104(a)(11)) is amended--
            (1) in subparagraph (A), by striking ``under this Act--'' 
        and all that follows and inserting ``under this Act shall be 
        required to maintain and file such designation, statement, or 
        report in electronic form accessible by computers.'';
            (2) in subparagraph (B), by striking ``48 hours'' and all 
        that follows through ``filed electronically)'' and inserting 
        ``24 hours''; and
            (3) by striking subparagraph (D).

            PART III--PARTICIPATION IN FUNDING OF ELECTIONS

SEC. 2131. REFUNDABLE TAX CREDIT FOR SENATE CAMPAIGN CONTRIBUTIONS.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to refundable credits) 
is amended by inserting after section 36B the following new section:

``SEC. 36C. CREDIT FOR SENATE CAMPAIGN CONTRIBUTIONS.

    ``(a) In General.--In the case of an individual, there shall be 
allowed as a credit against the tax imposed by this subtitle an amount 
equal to 50 percent of the qualified My Voice Federal Senate campaign 
contributions paid or incurred by the taxpayer during the taxable year.
    ``(b) Limitations.--
            ``(1) Dollar limitation.--The amount of qualified My Voice 
        Federal Senate campaign contributions taken into account under 
        subsection (a) for the taxable year shall not exceed $50 (twice 
        such amount in the case of a joint return).
            ``(2) Limitation on contributions to federal senate 
        candidates.--No credit shall be allowed under this section to 
        any taxpayer for any taxable year if such taxpayer made 
        aggregate contributions in excess of $300 during the taxable 
        year to--
                    ``(A) any single Federal Senate candidate, or
                    ``(B) any political committee established and 
                maintained by a national political party.
            ``(3) Provision of information.--No credit shall be allowed 
        under this section to any taxpayer unless the taxpayer provides 
        the Secretary with such information as the Secretary may 
        require to verify the taxpayer's eligibility for the credit and 
        the amount of the credit for the taxpayer.
    ``(c) Qualified My Voice Federal Senate Contributions.--For 
purposes of this section, the term `My Voice Federal Senate campaign 
contribution' means any contribution of cash by an individual to a 
Federal Senate candidate or to a political committee established and 
maintained by a national political party if such contribution is not 
prohibited under the Federal Election Campaign Act of 1971.
    ``(d) Federal Senate Candidate.--For purposes of this section--
            ``(1) In general.--The term `Federal Senate candidate' 
        means any candidate for election to the office of Senator.
            ``(2) Treatment of authorized committees.--Any contribution 
        made to an authorized committee of a Federal Senate candidate 
        shall be treated as made to such candidate.
    ``(e) Inflation Adjustment.--
            ``(1) In general.--In the case of a taxable year beginning 
        after 2019, the $50 amount under subsection (b)(1) shall be 
        increased by an amount equal to--
                    ``(A) such dollar amount, multiplied by
                    ``(B) the cost-of-living adjustment determined 
                under section 1(f)(3) for the calendar year in which 
                the taxable year begins, determined by substituting 
                `calendar year 2018' for `calendar year 1992' in 
                subparagraph (B) thereof.
            ``(2) Rounding.--If any amount as adjusted under 
        subparagraph (A) is not a multiple of $5, such amount shall be 
        rounded to the nearest multiple of $5.''.
    (b) Conforming Amendments.--
            (1) Section 6211(b)(4)(A) of such Code is amended by 
        inserting ``36C,'' after ``36B,''.
            (2) Section 1324(b)(2) of title 31, United States Code, is 
        amended by inserting ``36C,'' after ``36B,''.
            (3) The table of sections for subpart C of part IV of 
        subchapter A of chapter 1 of the Internal Revenue Code of 1986 
        is amended by inserting after the item relating to section 36B 
        the following new item:

``Sec. 36C. Credit for Senate campaign contributions.''.
    (c) Forms.--The Secretary of the Treasury, or his designee, shall 
ensure that the credit for contributions to Federal Senate candidates 
allowed under section 36C of the Internal Revenue Code of 1986, as 
added by this section, may be claimed on Forms 1040EZ and 1040A.
    (d) Administration.--At the request of the Secretary of the 
Treasury, the Federal Election Commission shall provide the Secretary 
of the Treasury with such information and other assistance as the 
Secretary may reasonably require to administer the credit allowed under 
section 36C of the Internal Revenue Code of 1986, as added by this 
section.
    (e) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2018.

                      PART IV--REVENUE PROVISIONS

SEC. 2141. FAIR ELECTIONS FUND REVENUE.

    (a) In General.--The Internal Revenue Code of 1986 is amended by 
inserting after chapter 36 the following new chapter:

 ``CHAPTER 37--TAX ON PAYMENTS PURSUANT TO CERTAIN GOVERNMENT CONTRACTS

``Sec. 4501. Imposition of tax.

``SEC. 4501. IMPOSITION OF TAX.

    ``(a) Tax Imposed.--There is hereby imposed on any payment made to 
a qualified person pursuant to a contract with the Government of the 
United States a tax equal to 0.50 percent of the amount paid.
    ``(b) Limitation.--The aggregate amount of tax imposed per contract 
under subsection (a) for any calendar year shall not exceed $500,000.
    ``(c) Qualified Person.--For purposes of this section, the term 
`qualified person' means any person which--
            ``(1) is not a State or local government, a foreign nation, 
        or an organization described in section 501(c)(3) which is 
        exempt from taxation under section 501(a), and
            ``(2) has a contract with the Government of the United 
        States with a value in excess of $10,000,000.
    ``(d) Payment of Tax.--The tax imposed by this section shall be 
paid by the person receiving such payment.
    ``(e) Use of Revenue Generated by Tax.--It is the sense of the 
Senate that amounts equivalent to the revenue generated by the tax 
imposed under this chapter should be appropriated for the financing of 
a Fair Elections Fund and used for the public financing of Senate 
elections.''.
    (b) Conforming Amendment.--The table of chapters of the Internal 
Revenue Code of 1986 is amended by inserting after the item relating to 
chapter 36 the following:

     ``Chapter 37--Tax on Payments Pursuant to Certain Government 
                              Contracts''.

    (c) Effective Date.--The amendments made by this section shall 
apply to contracts entered into after the date of the enactment of this 
Act.

                         PART V--EFFECTIVE DATE

SEC. 2151. EFFECTIVE DATE.

    Except as otherwise provided for in this subtitle, this subtitle 
and the amendments made by this subtitle shall take effect on January 
1, 2019.

                        TITLE III--REDISTRICTING

SEC. 3001. SHORT TITLE.

    This title may be cited as the ``Redistricting Reform Act''.

SEC. 3002. FINDING OF CONSTITUTIONAL AUTHORITY.

    Congress finds that it has the authority to establish the terms and 
conditions States must follow in carrying out Congressional 
redistricting after an apportionment of Members of the House of 
Representatives because--
            (1) the authority granted to Congress under article I, 
        section 4 of the Constitution of the United States gives 
        Congress the power to enact laws governing the time, place, and 
        manner of elections for Members of the House of 
        Representatives; and
            (2) the authority granted to Congress under section 5 of 
        the fourteenth amendment to the Constitution gives Congress the 
        power to enact laws to enforce section 2 of such amendment, 
        which requires Representatives to be apportioned among the 
        several States according to their number.

        Subtitle A--Requirements for Congressional Redistricting

SEC. 3101. LIMIT ON CONGRESSIONAL REDISTRICTING AFTER AN APPORTIONMENT.

    The Act entitled ``An Act for the relief of Doctor Ricardo Vallejo 
Samala and to provide for congressional redistricting'', approved 
December 14, 1967 (2 U.S.C. 2c), is amended by adding at the end the 
following: ``A State which has been redistricted in the manner provided 
by law after an apportionment under section 22(a) of the Act entitled 
`An Act to provide for the fifteenth and subsequent decennial censuses 
and to provide for an apportionment of Representatives in Congress', 
approved June 18, 1929 (2 U.S.C. 2a), may not be redistricted again 
until after the next apportionment of Representatives under such 
section, unless a court requires the State to conduct such subsequent 
redistricting to comply with the Constitution or to enforce the Voting 
Rights Act of 1965 (52 U.S.C. 10301 et seq.).''.

SEC. 3102. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED 
              THROUGH PLAN OF INDEPENDENT STATE COMMISSION.

    (a) Use of Plan Required.--Notwithstanding any other provision of 
law, any Congressional redistricting conducted by a State shall be 
conducted in accordance with--
            (1) the redistricting plan developed and enacted into law 
        by the independent redistricting commission established in the 
        State, in accordance with subtitle B; or
            (2) if a plan developed by such commission is not enacted 
        into law, the redistricting plan developed and enacted into law 
        by a 3-judge court of the United States District Court for the 
        District of Columbia, in accordance with section 3301.
    (b) Conforming Amendment.--Section 22(c) of the Act entitled ``An 
Act to provide for the fifteenth and subsequent decennial censuses and 
to provide for an apportionment of Representatives in Congress'', 
approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in 
the manner provided by the law thereof'' and inserting: ``in the manner 
provided by the Redistricting Reform Act''.

           Subtitle B--Independent Redistricting Commissions

SEC. 3201. INDEPENDENT REDISTRICTING COMMISSION.

    (a) Appointment of Members.--
            (1) In general.--The nonpartisan agency established or 
        designated by a State under section 3204(a) shall establish an 
        independent redistricting commission for the State, which shall 
        consist of 12 members appointed by the agency as follows:
                    (A) The agency shall appoint 4 members on a random 
                basis from the majority category of the approved 
                selection pool (as described in section 3202(b)(1)(A)).
                    (B) The agency shall appoint 4 members on a random 
                basis from the minority category of the approved 
                selection pool (as described in section 3202(b)(1)(B)).
                    (C) The agency shall appoint 4 members on a random 
                basis from the independent category of the approved 
                selection pool (as described in section 3202(b)(1)(C)).
            (2) Appointment of alternates to serve in case of 
        vacancies.--At the time the agency appoints the members of the 
        independent redistricting commission under paragraph (1) from 
        each of the categories referred to in such paragraph, the 
        agency shall, on a random basis, designate 2 other individuals 
        from such category to serve as alternate members who may be 
        appointed to fill vacancies in the commission in accordance 
        with paragraph (3).
            (3) Vacancy.--If a vacancy occurs in the commission with 
        respect to a member who was appointed from one of the 
        categories referred to in paragraph (1), the nonpartisan agency 
        shall fill the vacancy by appointing, on a random basis, one of 
        the 2 alternates from such category who was designated under 
        paragraph (2). At the time the agency appoints an alternate to 
        fill a vacancy under the previous sentence, the agency shall 
        designate, on a random basis, another individual from the same 
        category to serve as an alternate member, in accordance with 
        paragraph (2).
    (b) Procedures for Conducting Commission Business.--
            (1) Chair.--Members of an independent redistricting 
        commission established under this section shall select by 
        majority vote one member who was appointed from the independent 
        category of the approved selection pool described in section 
        3202(b)(1)(C) to serve as chair of the commission. The 
        commission may not take any action to develop a redistricting 
        plan for the State under section 3203 until the appointment of 
        the commission's chair.
            (2) Requiring majority approval for actions.--The 
        independent redistricting commission of a State may not publish 
        and disseminate any draft or final redistricting plan, or take 
        any other action, without the approval of at least--
                    (A) a majority of the whole membership of the 
                commission; and
                    (B) at least one member of the commission appointed 
                from each of the categories of the approved selection 
                pool described in section 3202(b)(1).
            (3) Quorum.--A majority of the members of the commission 
        shall constitute a quorum.
    (c) Staff; Contractors.--
            (1) Staff.--The independent redistricting commission of a 
        State may appoint and set the pay of such staff as it considers 
        appropriate, subject to State law.
            (2) Contractors.--The independent redistricting commission 
        of a State may enter into such contracts with vendors as it 
        considers appropriate, subject to State law, except that any 
        such contract shall be valid only if approved by the vote of a 
        majority of the members of the commission, including at least 
        one member appointed from each of the categories of the 
        approved selection pool described in section 3202(b)(1).
            (3) Goal of impartiality.--The commission shall take such 
        steps as it considers appropriate to ensure that any staff 
        appointed under this subsection, and any vendor with whom the 
        commission enters into a contract under this subsection, will 
        work in an impartial manner, and may require any person who 
        applies for an appointment to a staff position or for a 
        vendor's contract with the commission to provide information on 
        the person's history of political activity (including donations 
        to candidates, political committees, and political parties) as 
        a condition of the appointment or the contract.
    (d) Termination.--
            (1) In general.--The independent redistricting commission 
        of a State shall terminate on the earlier of--
                    (A) June 14 of the following year ending in the 
                numeral zero; or
                    (B) the day on which the nonpartisan agency 
                established or designated by a State under section 
                3204(a) has, in accordance with section 3202(b)(1), 
                submitted a selection pool to the Select Committee on 
                Redistricting for the State established under section 
                3204(b).
            (2) Preservation of records.--The State shall ensure that 
        the records of the independent redistricting commission are 
        retained in the appropriate State archive in such manner as may 
        be necessary to enable the State to respond to any civil action 
        brought with respect to Congressional redistricting in the 
        State.

SEC. 3202. ESTABLISHMENT OF SELECTION POOL OF INDIVIDUALS ELIGIBLE TO 
              SERVE AS MEMBERS OF COMMISSION.

    (a) Criteria for Eligibility.--
            (1) In general.--An individual is eligible to serve as a 
        member of an independent redistricting commission if the 
        individual meets each of the following criteria:
                    (A) As of the date of appointment, the individual 
                is registered to vote in elections for Federal office 
                held in the State.
                    (B) During the 3-year period ending on the date of 
                the individual's appointment, the individual has been 
                continuously registered to vote with the same political 
                party, or has not been registered to vote with any 
                political party.
                    (C) The individual submits to the nonpartisan 
                agency established or designated by a State under 
                section 3204(a), at such time and in such form as the 
                agency may require, an application for inclusion in the 
                selection pool under this section, and includes with 
                the application a written statement containing the 
                following information and assurances:
                            (i) A statement of the political party with 
                        which the individual is affiliated, if any.
                            (ii) An assurance that the individual shall 
                        commit to carrying out the individual's duties 
                        under this title in an honest, independent, and 
                        impartial fashion, and to upholding public 
                        confidence in the integrity of the 
                        redistricting process.
                            (iii) An assurance that, during the covered 
                        periods described in paragraph (3), the 
                        individual has not taken and will not take any 
                        action which would disqualify the individual 
                        from serving as a member of the commission 
                        under paragraph (2).
            (2) Disqualifications.--An individual is not eligible to 
        serve as a member of the commission if any of the following 
        applies during any of the covered periods described in 
        paragraph (3):
                    (A) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual holds public office or is a candidate for 
                election for public office.
                    (B) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual serves as an officer of a political party or 
                as an officer, employee, or paid consultant of a 
                campaign committee of a candidate for public office.
                    (C) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual holds a position as a registered lobbyist 
                under the Lobbying Disclosure Act of 1995 (2 U.S.C. 
                1601 et seq.) or an equivalent State or local law.
                    (D) The individual or (in the case of the covered 
                periods described in subparagraphs (A) and (B) of 
                paragraph (3)) an immediate family member of the 
                individual is an employee of an elected public 
                official, a contractor with the legislature of the 
                State, or a donor to the campaign of any candidate for 
                public office (other than a donor who, during any of 
                such covered periods, gives an aggregate amount of 
                $20,000 or less to the campaigns of all candidates for 
                all public offices).
            (3) Covered periods described.--In this subsection, the 
        term ``covered period'' means, with respect to the appointment 
        of an individual to the commission, any of the following:
                    (A) The 5-year period ending on the date of the 
                individual's appointment.
                    (B) The period beginning on the date of the 
                individual's appointment and ending on August 14 of the 
                next year ending in the numeral one.
                    (C) The 5-year period beginning on the day after 
                the last day of the period described in subparagraph 
                (B).
            (4) Immediate family member defined.--In this subsection, 
        the term ``immediate family member'' means, with respect to an 
        individual, a father, stepfather, mother, stepmother, son, 
        stepson, daughter, stepdaughter, brother, stepbrother, sister, 
        stepsister, husband, wife, father-in-law, or mother-in-law.
    (b) Development and Submission of Selection Pool.--
            (1) In general.--Not later than June 15 of each year ending 
        in the numeral zero, the nonpartisan agency established or 
        designated by a State under section 3204(a) shall develop and 
        submit to the Select Committee on Redistricting for the State 
        established under section 3204(b) a selection pool of 36 
        individuals who are eligible to serve as members of the 
        independent redistricting commission of the State under this 
        title, consisting of individuals in the following categories:
                    (A) A majority category, consisting of 12 
                individuals who are affiliated with the political party 
                with the largest percentage of the registered voters in 
                the State who are affiliated with a political party (as 
                determined with respect to the most recent statewide 
                election for Federal office held in the State for which 
                such information is available).
                    (B) A minority category, consisting of 12 
                individuals who are affiliated with the political party 
                with the second largest percentage of the registered 
                voters in the State who are affiliated with a political 
                party (as so determined).
                    (C) An independent category, consisting of 12 
                individuals who are not affiliated with either of the 
                political parties described in subparagraph (A) or 
                subparagraph (B).
            (2) Factors taken into account in developing pool.--In 
        selecting individuals for the selection pool under this 
        subsection, the nonpartisan agency shall--
                    (A) to the maximum extent practicable, ensure that 
                the pool reflects the representative demographic groups 
                (including races, ethnicities, and genders) and 
                geographic regions of the State; and
                    (B) take into consideration the analytical skills 
                of the individuals selected in relevant fields 
                (including mapping, data management, law, community 
                outreach, demography, and the geography of the State) 
                and their ability to work on an impartial basis.
            (3) Determination of political party affiliation of 
        individuals in selection pool.--For purposes of this section, 
        an individual shall be considered to be affiliated with a 
        political party on the basis of the information the individual 
        provides in the application submitted under subsection 
        (a)(1)(D).
            (4) Encouraging residents to apply for inclusion in pool.--
        The nonpartisan agency shall take such steps as may be 
        necessary to ensure that residents of the State across various 
        geographic regions and demographic groups are aware of the 
        opportunity to serve on the independent redistricting 
        commission, including publicizing the role of the panel and 
        using newspapers, broadcast media, and online sources, 
        including ethnic media, to encourage individuals to apply for 
        inclusion in the selection pool developed under this 
        subsection.
            (5) Report on establishment of selection pool.--At the time 
        the nonpartisan agency submits the selection pool to the Select 
        Committee on Redistricting under paragraph (1), it shall 
        publish a report describing the process by which the pool was 
        developed, and shall include in the report a description of how 
        the individuals in the pool meet the eligibility criteria of 
        subsection (a) and of how the pool reflects the factors the 
        agency is required to take into consideration under paragraph 
        (2).
            (6) Action by select committee.--
                    (A) In general.--Not later than 14 days after 
                receiving the selection pool from the nonpartisan 
                agency under paragraph (1), the Select Committee on 
                Redistricting shall--
                            (i) approve the pool as submitted by the 
                        nonpartisan agency, in which case the pool 
                        shall be considered the approved selection pool 
                        for purposes of section 3021(a)(1); or
                            (ii) reject the pool, in which case the 
                        nonpartisan agency shall develop and submit a 
                        replacement selection pool in accordance with 
                        subsection (c).
                    (B) Inaction deemed rejection.--If the Select 
                Committee on Redistricting fails to approve or reject 
                the pool within the deadline set forth in subparagraph 
                (A), the Select Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.
    (c) Development of Replacement Selection Pool.--
            (1) In general.--If the Select Committee on Redistricting 
        rejects the selection pool submitted by the nonpartisan agency 
        under subsection (b), not later than 14 days after the 
        rejection, the nonpartisan agency shall develop and submit to 
        the Select Committee a replacement selection pool, under the 
        same terms and conditions that applied to the development and 
        submission of the selection pool under paragraphs (1) through 
        (5) of subsection (b). The replacement pool submitted under 
        this paragraph may include individuals who were included in the 
        rejected selection pool submitted under subsection (b), so long 
        as at least one of the individuals in the replacement pool was 
        not included in such rejected pool.
            (2) Action by select committee.--
                    (A) In general.--Not later than 14 days after 
                receiving the replacement selection pool from the 
                nonpartisan agency under paragraph (1), the Select 
                Committee on Redistricting shall--
                            (i) approve the pool as submitted by the 
                        nonpartisan agency, in which case the pool 
                        shall be considered the approved selection pool 
                        for purposes of section 3201(a)(1); or
                            (ii) reject the pool, in which case the 
                        nonpartisan agency shall develop and submit a 
                        second replacement selection pool in accordance 
                        with subsection (d).
                    (B) Inaction deemed rejection.--If the Select 
                Committee on Redistricting fails to approve or reject 
                the pool within the deadline set forth in subparagraph 
                (A), the Select Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.
    (d) Development of Second Replacement Selection Pool.--
            (1) In general.--If the Select Committee on Redistricting 
        rejects the replacement selection pool submitted by the 
        nonpartisan agency under subsection (c), not later than 14 days 
        after the rejection, the nonpartisan agency shall develop and 
        submit to the Select Committee a second replacement selection 
        pool, under the same terms and conditions that applied to the 
        development and submission of the selection pool under 
        paragraphs (1) through (5) of subsection (b). The second 
        replacement selection pool submitted under this paragraph may 
        include individuals who were included in the rejected selection 
        pool submitted under subsection (b) or the rejected replacement 
        selection pool submitted under subsection (c), so long as at 
        least one of the individuals in the replacement pool was not 
        included in either such rejected pool.
            (2) Action by select committee.--
                    (A) In general.--Not later than 14 days after 
                receiving the second replacement selection pool from 
                the nonpartisan agency under paragraph (1), the Select 
                Committee on Redistricting shall--
                            (i) approve the pool as submitted by the 
                        nonpartisan agency, in which case the pool 
                        shall be considered the approved selection pool 
                        for purposes of section 3201(a)(1); or
                            (ii) reject the pool, in which case--
                                    (I) the nonpartisan agency shall 
                                not develop or submit any other 
                                selection pool for purposes of this 
                                title; and
                                    (II) the United States District 
                                Court for the District of Columbia 
                                shall develop and enact the 
                                redistricting plan for the State, in 
                                accordance with section 3301.
                    (B) Inaction deemed rejection.--If the Select 
                Committee on Redistricting fails to approve or reject 
                the pool within the deadline set forth in subparagraph 
                (A), the Select Committee shall be deemed to have 
                rejected the pool for purposes of such subparagraph.

SEC. 3203. CRITERIA FOR REDISTRICTING PLAN BY INDEPENDENT COMMISSION; 
              PUBLIC NOTICE AND INPUT.

    (a) Development of Redistricting Plan.--
            (1) Criteria.--The independent redistricting commission of 
        a State shall develop a redistricting plan for the State in 
        accordance with the following criteria, prioritized according 
        to the following order:
                    (A) Districts shall each have equal population per 
                representative as nearly as practicable, in accordance 
                with the Constitution of the United States.
                    (B) To the extent not inconsistent with the above 
                criteria, districts shall comply with the Voting Rights 
                Act of 1965 (52 U.S.C. 10301 et seq.).
                    (C) To the extent not inconsistent with the above 
                criteria, districts shall be geographically contiguous.
                    (D) To the extent practicable and not inconsistent 
                with the above criteria, district boundaries shall 
                minimize the division of any community of interest, 
                municipality, county, or neighborhood. For purposes of 
                this subparagraph, a community of interest is a 
                contiguous population which shares common social or 
                economic interests that should be included within a 
                single district for purposes of its effective and fair 
                representation. Examples of such shared interests are 
                those common to an urban area, a rural area, an 
                industrial area, or an agricultural area, and those 
                common to areas in which the people share similar 
                living standards, use the same transportation 
                facilities, have similar work opportunities, or have 
                access to the same media of communication relevant to 
                the election process. Communities of interest shall not 
                include relationships with political parties, incumbent 
                officeholders, or political candidates.
                    (E) To the extent practicable and not inconsistent 
                with the above criteria, districts shall be 
                geographically compact such that nearby areas of 
                population are not bypassed for more distant areas of 
                population.
            (2) Factors prohibited from consideration.--In developing 
        the redistricting plan for the State, the independent 
        redistricting commission may not take into consideration any of 
        the following factors, except to the extent necessary to comply 
        with the Voting Rights Act of 1965:
                    (A) The political party affiliation or voting 
                history of the population of a district.
                    (B) The residence of any Member of the House of 
                Representatives or candidate.
    (b) Public Notice and Input.--
            (1) Use of open and transparent process.--The independent 
        redistricting commission of a State shall hold each of its 
        meetings in public, shall solicit and take into consideration 
        comments from the public throughout the process of developing 
        the redistricting plan for the State, and shall carry out its 
        duties in an open and transparent manner which provides for the 
        widest public dissemination reasonably possible of its proposed 
        and final redistricting plans.
            (2) Website.--The commission shall maintain a public 
        Internet site which is not affiliated with or maintained by the 
        office of any elected official and which includes the following 
        features:
                    (A) General information on the commission and its 
                members, including contact information.
                    (B) An updated schedule of commission hearings and 
                activities, including deadlines for the submission of 
                comments.
                    (C) All draft redistricting plans developed by the 
                commission under subsection (c) and the final 
                redistricting plan developed under subsection (d).
                    (D) Live streaming of commission hearings and an 
                archive of previous meetings and other commission 
                records.
                    (E) A method by which members of the public may 
                submit comments directly to the commission.
                    (F) Access to the demographic data used by the 
                commission to develop the proposed redistricting plans, 
                together with any software used to draw maps of 
                proposed districts.
            (3) Public comment period.--The commission shall solicit, 
        accept, and consider comments from the public with respect to 
        its duties, activities, and procedures at any time during the 
        period--
                    (A) which begins on January 1 of the year ending in 
                the numeral one; and
                    (B) which ends 7 days before the date of the 
                meeting at which the commission shall vote on approving 
                the final redistricting plan for enactment into law 
                under subsection (d)(2).
            (4) Meetings and hearings in various geographic 
        locations.--To the greatest extent practicable, the commission 
        shall hold its meetings and hearings in various geographic 
        regions and locations throughout the State.
    (c) Development and Publication of Preliminary Redistricting 
Plan.--
            (1) In general.--Prior to developing and publishing a final 
        redistricting plan under subsection (d), the independent 
        redistricting commission of a State shall develop and publish a 
        preliminary redistricting plan.
            (2) Minimum public hearings prior to development.--
                    (A) 3 hearings required.--Prior to developing a 
                preliminary redistricting plan under this subsection, 
                the commission shall hold not fewer than 3 public 
                hearings at which members of the public may provide 
                input and comments regarding the potential contents of 
                redistricting plans for the State and the process by 
                which the commission will develop the preliminary plan 
                under this subsection.
                    (B) Minimum period for notice prior to hearings.--
                The commission shall notify the public through the 
                website maintained under subsection (b)(2), as well as 
                through publication of notice in newspapers of general 
                circulation throughout the State, of the date, time, 
                and location of each of the hearings held under this 
                paragraph not fewer than 14 days prior to the date of 
                the hearing.
            (3) Publication of preliminary plan.--
                    (A) In general.--The commission shall post the 
                preliminary redistricting plan developed under this 
                subsection, together with a report that includes the 
                commission's responses to any public comments received 
                under subsection (b)(3), on the website maintained 
                under subsection (b)(2), and shall provide for the 
                publication of each such plan in newspapers of general 
                circulation throughout the State.
                    (B) Minimum period for notice prior to 
                publication.--Not fewer than 14 days prior to the date 
                on which the commission posts and publishes the 
                preliminary plan under this paragraph, the commission 
                shall notify the public through the website maintained 
                under subsection (b)(2), as well as through publication 
                of notice in newspapers of general circulation 
                throughout the State, of the pending publication of the 
                plan.
            (4) Minimum period for public comment after publication of 
        plan.--The commission shall accept and consider comments from 
        the public with respect to the preliminary redistricting plan 
        published under paragraph (3) for not fewer than 30 days after 
        the date on which the plan is published.
            (5) Post-publication hearings.--
                    (A) 3 hearings required.--After posting and 
                publishing the preliminary redistricting plan under 
                paragraph (3), the commission shall hold not fewer than 
                3 public hearings at which members of the public may 
                provide input and comments regarding the preliminary 
                plan.
                    (B) Minimum period for notice prior to hearings.--
                The commission shall notify the public through the 
                website maintained under subsection (b)(2), as well as 
                through publication of notice in newspapers of general 
                circulation throughout the State, of the date, time, 
                and location of each of the hearings held under this 
                paragraph not fewer than 14 days prior to the date of 
                the hearing.
            (6) Permitting multiple preliminary plans.--At the option 
        of the commission, after developing and publishing the 
        preliminary redistricting plan under this subsection, the 
        commission may develop and publish subsequent preliminary 
        redistricting plans, so long as the process for the development 
        and publication of each such subsequent plan meets the 
        requirements set forth in this subsection for the development 
        and publication of the first preliminary redistricting plan.
    (d) Process for Enactment of Final Redistricting Plan.--
            (1) In general.--After taking into consideration comments 
        from the public on any preliminary redistricting plan developed 
        and published under subsection (c), the independent 
        redistricting commission of a State shall develop and publish a 
        final redistricting plan for the State.
            (2) Meeting; final vote.--Not later than August 15 of each 
        year ending in the numeral one, the commission shall hold a 
        public hearing at which the members of the commission shall 
        vote on approving the final plan for enactment into law.
            (3) Publication of plan and accompanying materials.--Not 
        fewer than 14 days before the date of the meeting under 
        paragraph (2), the commission shall provide the following 
        information to the public through the website maintained under 
        subsection (b)(2), as well as through newspapers of general 
        circulation throughout the State:
                    (A) The final redistricting plan, including all 
                relevant maps.
                    (B) A report by the commission to accompany the 
                plan which provides the background for the plan and the 
                commission's reasons for selecting the plan as the 
                final redistricting plan, including responses to the 
                public comments received on any preliminary 
                redistricting plan developed and published under 
                subsection (c).
                    (C) Any dissenting or additional views with respect 
                to the plan of individual members of the commission.
            (4) Enactment.--The final redistricting plan developed and 
        published under this subsection shall be deemed to be enacted 
        into law if--
                    (A) the plan is approved by a majority of the whole 
                membership of the commission; and
                    (B) at least one member of the commission appointed 
                from each of the categories of the approved selection 
                pool described in section 3202(b)(1) approves the plan.
    (e) Deadline.--The independent redistricting commission of a State 
shall approve a final redistricting plan for the State not later than 
August 15 of each year ending in the numeral one.

SEC. 3204. ESTABLISHMENT OF RELATED ENTITIES.

    (a) Establishment or Designation of Nonpartisan Agency of State 
Legislature.--
            (1) In general.--Each State shall establish a nonpartisan 
        agency in the legislative branch of the State government to 
        appoint the members of the independent redistricting commission 
        for the State in accordance with section 3201.
            (2) Nonpartisanship described.--For purposes of this 
        subsection, an agency shall be considered to be nonpartisan if 
        under law the agency--
                    (A) is required to provide services on a 
                nonpartisan basis;
                    (B) is required to maintain impartiality; and
                    (C) is prohibited from advocating for the adoption 
                or rejection of any legislative proposal.
            (3) Designation of existing agency.--At its option, a State 
        may designate an existing agency in the legislative branch of 
        its government to appoint the members of the independent 
        redistricting commission plan for the State under this title, 
        so long as the agency meets the requirements for 
        nonpartisanship under this subsection.
            (4) Termination of agency specifically established for 
        redistricting.--If a State does not designate an existing 
        agency under paragraph (3) but instead establishes a new agency 
        to serve as the nonpartisan agency under this section, the new 
        agency shall terminate upon the enactment into law of the 
        redistricting plan for the State.
            (5) Deadline.--The State shall meet the requirements of 
        this subsection not later than each August 15 of a year ending 
        in the numeral nine.
    (b) Establishment of Select Committee on Redistricting.--
            (1) In general.--Each State shall appoint a Select 
        Committee on Redistricting to approve or disapprove a selection 
        pool developed by the independent redistricting commission for 
        the State under section 3202.
            (2) Appointment.--The Select Committee on Redistricting for 
        a State under this subsection shall consist of the following 
        members:
                    (A) 1 member of the upper house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the greatest number of seats in the 
                upper house.
                    (B) 1 member of the upper house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the second greatest number of seats in 
                the upper house.
                    (C) 1 member of the lower house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the greatest number of seats in the 
                lower house.
                    (D) 1 member of the lower house of the State 
                legislature, who shall be appointed by the leader of 
                the party with the second greatest number of seats in 
                the lower house.
            (3) Special rule for states with unicameral legislature.--
        In the case of a State with a unicameral legislature, the 
        Select Committee on Redistricting for the State under this 
        subsection shall consist of the following members:
                    (A) 2 members of the State legislature appointed by 
                the leader of the party with the greatest number of 
                seats in the legislature.
                    (B) 2 members of the State legislature appointed by 
                the leader of the party with the second greatest number 
                of seats in legislature.
            (4) Deadline.--The State shall meet the requirements of 
        this subsection not later than each January 15 of a year ending 
        in the numeral zero.

    Subtitle C--Role of Courts in Development of Redistricting Plans

SEC. 3301. ENACTMENT OF PLAN DEVELOPED BY 3-JUDGE COURT.

    (a) Development of Plan.--If any of the triggering events described 
in subsection (c) occur with respect to a State--
            (1) not later than December 15 of the year in which the 
        triggering event occurs, the United States District Court for 
        the District of Columbia, acting through a 3-judge court 
        convened pursuant to section 2284 of title 28, United States 
        Code, shall develop and publish the Congressional redistricting 
        plan for the State; and
            (2) the plan developed and published by the Court under 
        this subsection shall be deemed to be enacted on the date on 
        which the Court publishes the plan.
    (b) Procedures for Development of Plan.--
            (1) Criteria.--It is the sense of Congress that, in 
        developing a redistricting plan for a State under this section, 
        the Court should adhere to the same terms and conditions that 
        applied (or that would have applied, as the case may be) to the 
        development of a plan by the independent redistricting 
        commission of the State under section 3203(a).
            (2) Access to information and records of commission.--The 
        Court shall have access to any information, data, software, or 
        other records and material that was used (or that would have 
        been used, as the case may be) by the independent redistricting 
        commission of the State in carrying out its duties under this 
        title.
    (c) Triggering Events Described.--The ``triggering events'' 
described in this subsection are as follows:
            (1) The failure of the State to establish or designate a 
        nonpartisan agency of the State legislature under section 
        3204(a) prior to the expiration of the deadline set forth in 
        section 3204(a)(5).
            (2) The failure of the State to appoint a Select Committee 
        on Redistricting under section 3204(b) prior to the expiration 
        of the deadline set forth in section 3204(b)(4).
            (3) The failure of the Select Committee on Redistricting to 
        approve any selection pool under section 3202 prior to the 
        expiration of the deadline set forth for the approval of the 
        second replacement selection pool in section 3202(d)(2).
            (4) The failure of the independent redistricting commission 
        of the State to approve a final redistricting plan for the 
        State prior to the expiration of the deadline set forth in 
        section 3203(e).

SEC. 3302. SPECIAL RULE FOR REDISTRICTING CONDUCTED UNDER ORDER OF 
              FEDERAL COURT.

    If a Federal court requires a State to conduct redistricting 
subsequent to an apportionment of Representatives in the State in order 
to comply with the Constitution or to enforce the Voting Rights Act of 
1965, section 3203 shall apply with respect to the redistricting, 
except that the court may revise any of the deadlines set forth in such 
section if the court determines that a revision is appropriate in order 
to provide for a timely enactment of a new redistricting plan for the 
State.

        Subtitle D--Administrative and Miscellaneous Provisions

SEC. 3401. PAYMENTS TO STATES FOR CARRYING OUT REDISTRICTING.

    (a) Authorization of Payments.--Subject to subsection (d), not 
later than 30 days after a State receives a State apportionment notice, 
the Election Assistance Commission shall make a payment to the State in 
an amount equal to the product of--
            (1) the number of Representatives to which the State is 
        entitled, as provided under the notice; and
            (2) $150,000.
    (b) Use of Funds.--A State shall use the payment made under this 
section to establish and operate the State's independent redistricting 
commission, to implement the State redistricting plan, and to otherwise 
carry out Congressional redistricting in the State.
    (c) No Payment to States With Single Member.--The Election 
Assistance Commission shall not make a payment under this section to 
any State which is not entitled to more than one Representative under 
its State apportionment notice.
    (d) Requiring Submission of Selection Pool as Condition of 
Payment.--The Election Assistance Commission may not make a payment to 
a State under this section until the State certifies to the Commission 
that the nonpartisan agency established or designated by a State under 
section 3204(a) has, in accordance with section 3202(b)(1), submitted a 
selection pool to the Select Committee on Redistricting for the State 
established under section 3204(b).
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for payments under this 
section.

SEC. 3402. CIVIL ENFORCEMENT.

    (a) Civil Enforcement.--
            (1) Actions by attorney general.--The Attorney General may 
        bring a civil action in an appropriate district court for such 
        relief as may be appropriate to carry out this title.
            (2) Availability of private right of action.--Any citizen 
        of a State who is aggrieved by the failure of the State 
        redistricting plan which is enacted into law under section 3203 
        to meet the requirements for such a plan under this title may 
        bring a civil action in an appropriate district court for such 
        relief as may be appropriate to remedy the failure, so long as 
        the individual brings the action during the 45-day period which 
        begins on the date on which the plan is enacted into law.
    (b) Expedited Consideration.--In any action brought forth under 
this section, the following rules shall apply:
            (1) The action shall be filed in the United States District 
        Court for the District of Columbia and shall be heard by a 3-
        judge court convened pursuant to section 2284 of title 28, 
        United States Code.
            (2) The 3-judge court shall consolidate actions brought for 
        relief under subsection (b)(1) with respect to the same State 
        redistricting plan.
            (3) A copy of the complaint shall be delivered promptly to 
        the Clerk of the House of Representatives and the Secretary of 
        the Senate.
            (4) A final decision in the action shall be reviewable only 
        by appeal directly to the Supreme Court of the United States. 
        Such appeal shall be taken by the filing of a notice of appeal 
        within 10 days, and the filing of a jurisdictional statement 
        within 30 days, of the entry of the final decision.
            (5) It shall be the duty of the district court and the 
        Supreme Court of the United States to advance on the docket and 
        to expedite to the greatest possible extent the disposition of 
        the action and appeal.
    (c) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney fees, including litigation expenses, and costs.
    (d) Relation to Other Laws.--
            (1) Rights and remedies additional to other rights and 
        remedies.--The rights and remedies established by this section 
        are in addition to all other rights and remedies provided by 
        law, and neither the rights and remedies established by this 
        section nor any other provision of this title shall supersede, 
        restrict, or limit the application of the Voting Rights Act of 
        1965 (52 U.S.C. 10301 et seq.).
            (2) Voting rights act of 1965.--Nothing in this title 
        authorizes or requires conduct that is prohibited by the Voting 
        Rights Act of 1965 (52 U.S.C. 10301 et seq.).

SEC. 3403. STATE APPORTIONMENT NOTICE DEFINED.

    In this title, the ``State apportionment notice'' means, with 
respect to a State, the notice sent to the State from the Clerk of the 
House of Representatives under section 22(b) of the Act entitled ``An 
Act to provide for the fifteenth and subsequent decennial censuses and 
to provide for an apportionment of Representatives in Congress'', 
approved June 18, 1929 (2 U.S.C. 2a), of the number of Representatives 
to which the State is entitled.

SEC. 3404. NO EFFECT ON ELECTIONS FOR STATE AND LOCAL OFFICE.

    Nothing in this title or in any amendment made by this title may be 
construed to affect the manner in which a State carries out elections 
for State or local office, including the process by which a State 
establishes the districts used in such elections.

SEC. 3405. EFFECTIVE DATE.

    This title and the amendments made by this title shall apply with 
respect to redistricting carried out pursuant to the decennial census 
conducted during 2020 or any succeeding decennial census.

                      TITLE IV--VOTER REGISTRATION

                Subtitle A--Automatic Voter Registration

SEC. 4001. SHORT TITLE; FINDINGS AND PURPOSE.

    (a) Short Title.--This subtitle may be cited as the ``Automatic 
Voter Registration Act of 2017''.
    (b) Findings and Purpose.--
            (1) Findings.--Congress finds that--
                    (A) the right to vote is a fundamental right of 
                citizens of the United States;
                    (B) it is the responsibility of the State and 
                Federal governments to ensure that every eligible 
                citizen is registered to vote;
                    (C) existing voter registration systems can be 
                inaccurate, costly, inaccessible and confusing, with 
                damaging effects on voter participation in elections 
                and disproportionate impacts on young people, persons 
                with disabilities, and racial and ethnic minorities; 
                and
                    (D) voter registration systems must be updated with 
                21st century technologies and procedures to maintain 
                their security.
            (2) Purpose.--It is the purpose of this subtitle--
                    (A) to establish that it is the responsibility of 
                government at every level to ensure that all eligible 
                citizens are registered to vote;
                    (B) to enable the State and Federal governments to 
                register all eligible citizens to vote with accurate, 
                cost-efficient, and up-to-date procedures;
                    (C) to modernize voter registration and list 
                maintenance procedures with electronic and Internet 
                capabilities; and
                    (D) to protect and enhance the integrity, accuracy, 
                efficiency, and accessibility of the electoral process 
                for all eligible citizens.

SEC. 4002. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.

    (a) Requiring States To Establish and Operate Automatic 
Registration System.--
            (1) In general.--The chief State election official of each 
        State shall establish and operate a system of automatic 
        registration for the registration of eligible individuals to 
        vote for elections for Federal office in the State, in 
        accordance with the provisions of this Act.
            (2) Definition.--The term ``automatic registration'' means 
        a system that registers an individual to vote in elections for 
        Federal office in a State, if eligible, by electronically 
        transferring the information necessary for registration from 
        government agencies to election officials of the State so that, 
        unless the individual affirmatively declines to be registered, 
        the individual will be registered to vote in such elections.
    (b) Registration of Voters Based on New Agency Records.--The chief 
State election official shall--
            (1) not later than 15 days after a contributing agency has 
        transmitted information with respect to an individual pursuant 
        to section 4003, ensure that the individual is registered to 
        vote in elections for Federal office in the State if the 
        individual is eligible to be registered to vote in such 
        elections; and
            (2) send written notice to the individual, in addition to 
        other means of notice established by this title, of the 
        individual's voter registration status.
    (c) One-Time Registration of Voters Based on Existing Contributing 
Agency Records.--The chief State election official shall--
            (1) identify all individuals whose information is 
        transmitted by a contributing agency pursuant to section 4004 
        and who are eligible to be, but are not currently, registered 
        to vote in that State;
            (2) promptly send each such individual written notice, in 
        addition to other means of notice established by this title, 
        which shall not identify the contributing agency that 
        transmitted the information but shall include--
                    (A) an explanation that voter registration is 
                voluntary, but if the individual does not decline 
                registration, the individual will be registered to 
                vote;
                    (B) a statement offering the opportunity to decline 
                voter registration through means consistent with the 
                requirements of this title;
                    (C) in the case of a State in which affiliation or 
                enrollment with a political party is required in order 
                to participate in an election to select the party's 
                candidate in an election for Federal office, a 
                statement offering the individual the opportunity to 
                affiliate or enroll with a political party or to 
                decline to affiliate or enroll with a political party, 
                through means consistent with the requirements of this 
                title;
                    (D) the substantive qualifications of an elector in 
                the State as listed in the mail voter registration 
                application form for elections for Federal office 
                prescribed pursuant to section 9 of the National Voter 
                Registration Act of 1993, the consequences of false 
                registration, and a statement that the individual 
                should decline to register if the individual does not 
                meet all those qualifications;
                    (E) instructions for correcting any erroneous 
                information; and
                    (F) instructions for providing any additional 
                information which is listed in the mail voter 
                registration application form for elections for Federal 
                office prescribed pursuant to section 9 of the National 
                Voter Registration Act of 1993;
            (3) ensure that each such individual who is eligible to 
        register to vote in elections for Federal office in the State 
        is promptly registered to vote not later than 45 days after the 
        official sends the individual the written notice under 
        paragraph (2), unless, during the 30-day period which begins on 
        the date the election official sends the individual such 
        written notice, the individual declines registration in 
        writing, through a communication made over the Internet, or by 
        an officially logged telephone communication; and
            (4) send written notice to each such individual, in 
        addition to other means of notice established by this title, of 
        the individual's voter registration status.
    (d) Contributing Agency Defined.--In this title, the term 
``contributing agency'' means, with respect to a State, an agency 
listed in section 4003(e).

SEC. 4003. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION.

    (a) In General.--In accordance with this title, each contributing 
agency in a State shall assist the State's chief election official in 
registering to vote all eligible individuals served by that agency.
    (b) Requirements for Contributing Agencies.--
            (1) Instructions on automatic registration.--With each 
        application for service or assistance, and with each related 
        recertification, renewal, or change of address, or, in the case 
        of an institution of higher education, with each registration 
        of a student for enrollment in a course of study, each 
        contributing agency that (in the normal course of its 
        operations) requests individuals to affirm United States 
        citizenship (either directly or as part of the overall 
        application for service or assistance) shall inform each such 
        individual who is a citizen of the United States of the 
        following:
                    (A) Unless that individual declines to register to 
                vote, or is found ineligible to vote, the individual 
                will be registered to vote or, if applicable, the 
                individual's registration will be updated.
                    (B) The substantive qualifications of an elector in 
                the State as listed in the mail voter registration 
                application form for elections for Federal office 
                prescribed pursuant to section 9 of the National Voter 
                Registration Act of 1993, the consequences of false 
                registration, and the individual should decline to 
                register if the individual does not meet all those 
                qualifications.
                    (C) In the case of a State in which affiliation or 
                enrollment with a political party is required in order 
                to participate in an election to select the party's 
                candidate in an election for Federal office, the 
                requirement that the individual must affiliate or 
                enroll with a political party in order to participate 
                in such an election.
                    (D) Voter registration is voluntary, and neither 
                registering nor declining to register to vote will in 
                any way affect the availability of services or 
                benefits, nor be used for other purposes.
            (2) Opportunity to decline registration required.--Each 
        contributing agency shall ensure that each application for 
        service or assistance, and each related recertification, 
        renewal, or change of address, or, in the case of an 
        institution of higher education, each registration of a student 
        for enrollment in a course of study, cannot be completed until 
        the individual is given the opportunity to decline to be 
        registered to vote.
            (3) Information transmittal.--Upon the expiration of the 
        30-day period which begins on the date the contributing agency 
        informs the individual of the information described in 
        paragraph (1), each contributing agency shall electronically 
        transmit to the appropriate State election official, in a 
        format compatible with the statewide voter database maintained 
        under section 303 of the Help America Vote Act of 2002 (52 
        U.S.C. 21083), the following information, unless during such 
        30-day period the individual declined to be registered to vote:
                    (A) The individual's given name(s) and surname(s).
                    (B) The individual's date of birth.
                    (C) The individual's residential address.
                    (D) Information showing that the individual is a 
                citizen of the United States.
                    (E) The date on which information pertaining to 
                that individual was collected or last updated.
                    (F) If available, the individual's signature in 
                electronic form.
                    (G) Information regarding the individual's 
                affiliation or enrollment with a political party, if 
                the individual provides such information.
                    (H) Any additional information listed in the mail 
                voter registration application form for elections for 
                Federal office prescribed pursuant to section 9 of the 
                National Voter Registration Act of 1993, including any 
                valid driver's license number or the last 4 digits of 
                the individual's Social Security number, if the 
                individual provided such information.
    (c) Alternate Procedure for Certain Contributing Agencies.--With 
each application for service or assistance, and with each related 
recertification, renewal, or change of address, or in the case of an 
institution of higher education, with each registration of a student 
for enrollment in a course of study, any contributing agency that in 
the normal course of its operations does not request individuals 
applying for service or assistance to affirm United States citizenship 
(either directly or as part of the overall application for service or 
assistance) shall--
            (1) complete the requirements of section 7(a)(6) of the 
        National Voter Registration Act of 1993 (52 U.S.C. 
        20506(a)(6));
            (2) ensure that each applicant's transaction with the 
        agency cannot be completed until the applicant has indicated 
        whether the applicant wishes to register to vote or declines to 
        register to vote in elections for Federal office held in the 
        State; and
            (3) for each individual who wishes to register to vote, 
        transmit that individual's information in accordance with 
        subsection (b)(3).
    (d) Required Availability of Automatic Registration Opportunity 
With Each Application for Service or Assistance.--Each contributing 
agency shall offer each individual, with each application for service 
or assistance, and with each related recertification, renewal, or 
change of address, or in the case of an institution of higher 
education, with each registration of a student for enrollment in a 
course of study, the opportunity to register to vote as prescribed by 
this section without regard to whether the individual previously 
declined a registration opportunity.
    (e) Contributing Agencies.--
            (1) State agencies.--In each State, each of the following 
        agencies shall be treated as a contributing agency:
                    (A) Each agency in a State that is required by 
                Federal law to provide voter registration services, 
                including the State motor vehicle authority and other 
                voter registration agencies under the National Voter 
                Registration Act of 1993.
                    (B) Each agency in a State that administers a 
                program pursuant to title III of the Social Security 
                Act (42 U.S.C. 501 et seq.), title XIX of the Social 
                Security Act (42 U.S.C. 1396 et seq.), or the Patient 
                Protection and Affordable Care Act (Public Law 111-
                148).
                    (C) Each State agency primarily responsible for 
                regulating the private possession of firearms.
                    (D) Each State agency primarily responsible for 
                maintaining identifying information for students 
                enrolled at public secondary schools, including, where 
                applicable, the State agency responsible for 
                maintaining the education data system described in 
                section 6201(e)(2) of the America COMPETES Act (20 
                U.S.C. 9871(e)(2)).
                    (E) In the case of a State in which an individual 
                disenfranchised by a criminal conviction may become 
                eligible to vote upon completion of a criminal sentence 
                or any part thereof, or upon formal restoration of 
                rights, the State agency responsible for administering 
                that sentence, or part thereof, or that restoration of 
                rights.
                    (F) Any other agency of the State which is 
                designated by the State as a contributing agency.
            (2) Federal agencies.--In each State, each of the following 
        agencies of the Federal Government shall be treated as a 
        contributing agency with respect to individuals who are 
        residents of that State (except as provided in subparagraph 
        (C)):
                    (A) The Social Security Administration, the 
                Department of Veterans Affairs, the Defense Manpower 
                Data Center of the Department of Defense, the Employee 
                and Training Administration of the Department of Labor, 
                and the Centers for Medicare & Medicaid Services of the 
                Department of Health and Human Services.
                    (B) The Bureau of Citizenship and Immigration 
                Services, but only with respect to individuals who have 
                completed the naturalization process.
                    (C) In the case of an individual who is a resident 
                of a State in which an individual disenfranchised by a 
                criminal conviction under Federal law may become 
                eligible to vote upon completion of a criminal sentence 
                or any part thereof, or upon formal restoration of 
                rights, the Federal agency responsible for 
                administering that sentence or part thereof (without 
                regard to whether the agency is located in the same 
                State in which the individual is a resident), but only 
                with respect to individuals who have completed the 
                criminal sentence or any part thereof.
                    (D) Any other agency of the Federal Government 
                which the State designates as a contributing agency, 
                but only if the State and the head of the agency 
                determine that the agency collects information 
                sufficient to carry out the responsibilities of a 
                contributing agency under this section.
            (3) Institutions of higher education.--Each institution of 
        higher education that receives Federal funds shall be treated 
        as a contributing agency in the State in which it is located, 
        but only with respect to students of the institution (including 
        students who attend classes online) who reside in the State. An 
        institution of higher education described in the previous 
        sentence shall be exempt from the voter registration 
        requirements of section 487(a)(23) of the Higher Education Act 
        of 1965 (20 U.S.C. 1094(a)(23)) if the institution is in 
        compliance with the applicable requirements of this Act.
            (4) Publication.--Not later than 180 days prior to the date 
        of each election for Federal office held in the State, the 
        chief State election official shall publish on the public 
        website of the official an updated list of all contributing 
        agencies in that State.
            (5) Public education.--The chief State election official of 
        each State, in collaboration with each contributing agency, 
        shall take appropriate measures to educate the public about 
        voter registration under this section.

SEC. 4004. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION OF 
              ELIGIBLE VOTERS IN EXISTING RECORDS.

    (a) Initial Transmittal of Information.--For each individual 
already listed in a contributing agency's records as of the date of 
enactment of this Act, and for whom the agency has the information 
listed in section 4003(b)(3), the agency shall promptly transmit that 
information to the appropriate State election official in accordance 
with section 4003(b)(3) not later than the effective date described in 
section 4011(a).
    (b) Transition.--For each individual listed in a contributing 
agency's records as of the effective date described in section 4011(a) 
(but who was not listed in a contributing agency's records as of the 
date of enactment of this Act), and for whom the agency has the 
information listed in section 4003(b)(3), the Agency shall promptly 
transmit that information to the appropriate State election official in 
accordance with section 4003(b)(3) not later than 6 months after the 
effective date described in section 4011(a).

SEC. 4005. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION.

    (a) Protections for Errors in Registration.--An individual shall 
not be prosecuted under any Federal law, adversely affected in any 
civil adjudication concerning immigration status or naturalization, or 
subject to an allegation in any legal proceeding that the individual is 
not a citizen of the United States on any of the following grounds:
            (1) The individual notified an election office of the 
        individual's automatic registration to vote under this title.
            (2) The individual is not eligible to vote in elections for 
        Federal office but was automatically registered to vote under 
        this title.
            (3) The individual was automatically registered to vote 
        under this title at an incorrect address.
            (4) The individual declined the opportunity to register to 
        vote or did not make an affirmation of citizenship, including 
        through automatic registration, under this title.
    (b) Limits on Use of Automatic Registration.--The automatic 
registration of any individual or the fact that an individual declined 
the opportunity to register to vote or did not make an affirmation of 
citizenship (including through automatic registration) under this title 
may not be used as evidence against that individual in any State or 
Federal law enforcement proceeding, and an individual's lack of 
knowledge or willfulness of such registration may be demonstrated by 
the individual's testimony alone.
    (c) Protection of Election Integrity.--Nothing in subsection (a) or 
(b) may be construed to prohibit or restrict any action under color of 
law against an individual who--
            (1) knowingly and willfully makes a false statement to 
        effectuate or perpetuate automatic voter registration by any 
        individual; or
            (2) casts a ballot knowingly and willfully in violation of 
        State law or the laws of the United States.
    (d) Contributing Agencies' Protection of Information.--Nothing in 
this title authorizes a contributing agency to collect, retain, 
transmit, or publicly disclose any of the following:
            (1) An individual's decision to decline to register to vote 
        or not to register to vote.
            (2) An individual's decision not to affirm his or her 
        citizenship.
            (3) Any information that a contributing agency transmits 
        pursuant to section 4003(b)(3), except in pursuing the agency's 
        ordinary course of business.
    (e) Election Officials' Protection of Information.--
            (1) Public disclosure prohibited.--
                    (A) In general.--Subject to subparagraph (B), with 
                respect to any individual for whom any State election 
                official receives information from a contributing 
                agency, the State election officials shall not publicly 
                disclose any of the following:
                            (i) The identity of the contributing 
                        agency.
                            (ii) Any information not necessary to voter 
                        registration.
                            (iii) Any voter information otherwise 
                        shielded from disclosure under State law or 
                        section 8(a) of the National Voter Registration 
                        Act of 1993 (52 U.S.C. 20507(a)).
                            (iv) Any portion of the individual's Social 
                        Security number.
                            (v) Any portion of the individual's motor 
                        vehicle driver's license number.
                            (vi) The individual's signature.
                            (vii) The individual's telephone number.
                            (viii) The individual's email address.
                    (B) Special rule for individuals registered to 
                vote.--With respect to any individual for whom any 
                State election official receives information from a 
                contributing agency and who, on the basis of such 
                information, is registered to vote in the State under 
                this title, the State election officials shall not 
                publicly disclose any of the following:
                            (i) The identity of the contributing 
                        agency.
                            (ii) Any information not necessary to voter 
                        registration.
                            (iii) Any voter information otherwise 
                        shielded from disclosure under State law or 
                        section 8(a) of the National Voter Registration 
                        Act of 1993 (52 U.S.C. 20507(a)).
                            (iv) Any portion of the individual's Social 
                        Security number.
                            (v) Any portion of the individual's motor 
                        vehicle driver's license number.
                            (vi) The individual's signature.
            (2) Voter record changes.--Each State shall maintain for at 
        least 2 years and shall make available for public inspection 
        and, where available, photocopying at a reasonable cost, all 
        records of changes to voter records, including removals and 
        updates.
            (3) Database management standards.--The Director of the 
        National Institute of Standards and Technology shall, after 
        providing the public with notice and the opportunity to 
        comment--
                    (A) establish standards governing the comparison of 
                data for voter registration list maintenance purposes, 
                identifying as part of such standards the specific data 
                elements, the matching rules used, and how a State may 
                use the data to determine and deem that an individual 
                is ineligible under State law to vote in an election, 
                or to deem a record to be a duplicate or outdated;
                    (B) ensure that the standards developed pursuant to 
                this paragraph are uniform and nondiscriminatory and 
                are applied in a uniform and nondiscriminatory manner; 
                and
                    (C) publish the standards developed pursuant to 
                this paragraph on the Director's website and make those 
                standards available in written form upon request.
            (4) Security policy.--The Director of the National 
        Institute of Standards and Technology shall, after providing 
        the public with notice and the opportunity to comment, publish 
        privacy and security standards for voter registration 
        information. The standards shall require the chief State 
        election official of each State to adopt a policy that shall 
        specify--
                    (A) each class of users who shall have authorized 
                access to the computerized statewide voter registration 
                list, specifying for each class the permission and 
                levels of access to be granted, and setting forth other 
                safeguards to protect the privacy, security, and 
                accuracy of the information on the list; and
                    (B) security safeguards to protect personal 
                information transmitted through the information 
                transmittal processes of section 4003 or section 4004, 
                the online system used pursuant to section 4007, any 
                telephone interface, the maintenance of the voter 
                registration database, and any audit procedure to track 
                access to the system.
            (5) State compliance with national standards.--
                    (A) Certification.--The chief executive officer of 
                the State shall annually file with the Election 
                Assistance Commission a statement certifying to the 
                Director of the National Institute of Standards and 
                Technology that the State is in compliance with the 
                standards referred to in paragraphs (4) and (5). A 
                State may meet the requirement of the previous sentence 
                by filing with the Commission a statement which reads 
                as follows: ``_____ hereby certifies that it is in 
                compliance with the standards referred to in paragraphs 
                (4) and (5) of section 4005(e) of the Automatic Voter 
                Registration Act of 2017.'' (with the blank to be 
                filled in with the name of the State involved).
                    (B) Publication of policies and procedures.--The 
                chief State election official of a State shall publish 
                on the official's website the policies and procedures 
                established under this section, and shall make those 
                policies and procedures available in written form upon 
                public request.
                    (C) Funding dependent on certification.--If a State 
                does not timely file the certification required under 
                this paragraph, it shall not receive any payment under 
                this Act for the upcoming fiscal year.
                    (D) Compliance of states that require changes to 
                state law.--In the case of a State that requires State 
                legislation to carry out an activity covered by any 
                certification submitted under this paragraph, for a 
                period of not more than 2 years the State shall be 
                permitted to make the certification notwithstanding 
                that the legislation has not been enacted at the time 
                the certification is submitted, and such State shall 
                submit an additional certification once such 
                legislation is enacted.
    (f) Restrictions on Use of Information.--No person acting under 
color of law may discriminate against any individual based on, or use 
for any purpose other than voter registration, election administration, 
or enforcement relating to election crimes, any of the following:
            (1) Voter registration records.
            (2) An individual's declination to register to vote or 
        complete an affirmation of citizenship under section 4003(b).
            (3) An individual's voter registration status.
    (g) Prohibition on the Use of Voter Registration Information for 
Commercial Purposes.--Information collected under this title shall not 
be used for commercial purposes. Nothing in this subsection may be 
construed to prohibit the transmission, exchange, or dissemination of 
information for political purposes, including the support of campaigns 
for election for Federal, State, or local public office or the 
activities of political committees (including committees of political 
parties) under the Federal Election Campaign Act of 1971.

SEC. 4006. REGISTRATION PORTABILITY AND CORRECTION.

    (a) Correcting Registration Information at Polling Place.--
Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52 
U.S.C. 21082(a)), if an individual is registered to vote in elections 
for Federal office held in a State, the appropriate election official 
at the polling place for any such election (including a location used 
as a polling place on a date other than the date of the election) shall 
permit the individual to--
            (1) update the individual's address for purposes of the 
        records of the election official;
            (2) correct any incorrect information relating to the 
        individual, including the individual's name and political party 
        affiliation, in the records of the election official; and
            (3) cast a ballot in the election on the basis of the 
        updated address or corrected information, and to have the 
        ballot treated as a regular ballot and not as a provisional 
        ballot under section 302(a) of such Act.
    (b) Updates to Computerized Statewide Voter Registration Lists.--If 
an election official at the polling place receives an updated address 
or corrected information from an individual under subsection (a), the 
official shall ensure that the address or information is promptly 
entered into the computerized statewide voter registration list in 
accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act 
of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)).

SEC. 4007. ONLINE REGISTRATION.

    (a) In General.--Each State shall ensure that the following 
services are available on the official public websites of the 
appropriate State election officials:
            (1) Application for or update to voter registration using 
        an electronic version of the mail voter registration 
        application form the Election Assistance Commission prescribes, 
        and any additional voter registration form the State develops 
        pursuant to section 6(a) of the National Voter Registration Act 
        of 1993 (52 U.S.C. 20505(a)).
            (2) Completion of a printable version of the mail voter 
        registration application form the Election Assistance 
        Commission prescribes, and any additional voter registration 
        form the State develops pursuant to section 6(a) of the 
        National Voter Registration Act of 1993 (52 U.S.C. 20505(a)).
            (3) Correction of voter registration.
            (4) Designation of political party affiliation, where 
        applicable.
            (5) Cancellation of registration and removal from the voter 
        rolls.
            (6) Declination of any automatic registration.
    (b) Signature Requirements.--The appropriate State election 
official shall accept an online voter registration application and 
register each eligible individual to vote if the application provides a 
signature by any of the following:
            (1) In the case of an individual who has a signature on 
        file with a State agency, including the State motor vehicle 
        authority, that is required to provide voter registration 
        services by the National Voter Registration Act of 1993 (52 
        U.S.C. 20501 et seq.), the individual consents to the transfer 
        of that electronic signature.
            (2) The individual submits with the application an 
        electronic copy of the individual's handwritten signature.
            (3) If the State chooses to accept it, the individual's 
        execution of a computerized mark in the signature field on an 
        online voter registration application.
            (4) The individual otherwise completes registration under 
        this section and provides a signature at the time of casting a 
        ballot in an election or at the time of applying for a ballot 
        (including an absentee ballot) in an upcoming election. The 
        online system and disposition notice sent to any individual 
        pursuant to this paragraph must inform the individual of the 
        process for providing a signature.
    (c) Interagency Transmission of Electronic Signatures.--Each State 
agency that is required by the National Voter Registration Act of 1993 
(52 U.S.C. 20501 et seq.) to provide voter registration services, 
including the State motor vehicle authority, shall electronically 
transmit to the appropriate State election official the signature of 
any individual who has a signature on file with the agency and who 
consents to the transfer of that electronic signature under subsection 
(b)(1).
    (d) Pre-Election Correction.--Any correction to the statewide voter 
registration database pursuant to this section that is made no later 
than the lesser of thirty days, or the period State law provides, 
before a Federal election shall be effective for purposes of that 
Federal election and succeeding elections.
    (e) Accessibility of Services.--Each State shall ensure that all of 
the services provided under this section are provided in a manner 
accessible to individuals with disabilities.

SEC. 4008. PAYMENTS AND GRANTS.

    (a) In General.--The Election Assistance Commission shall make 
grants to each eligible State to assist the State in implementing the 
requirements of this title.
    (b) Eligibility; Application.--A State is eligible to receive a 
grant under this section if the State submits to the Commission, at 
such time and in such form as the Commission may require, an 
application containing--
            (1) a description of the activities the State will carry 
        out with the grant;
            (2) an assurance that the State shall carry out such 
        activities without partisan bias and without promoting any 
        particular point of view regarding any issue; and
            (3) such other information and assurances as the Commission 
        may require.
    (c) Amount of Grant; Priorities.--The Commission shall determine 
the amount of a grant made to an eligible State under this section. In 
determining the amounts of the grants, the Commission shall give 
priority to providing funds for those activities which are most likely 
to accelerate compliance with the requirements of this title, 
including--
            (1) investments supporting electronic information transfer, 
        including electronic collection and transfer of signatures, 
        between contributing agencies and the appropriate State 
        election officials;
            (2) updates to online or electronic voter registration 
        systems already operating as of the date of the enactment of 
        this Act;
            (3) introduction of online voter registration systems in 
        jurisdictions in which those systems did not previously exist; 
        and
            (4) public education on the availability of new methods of 
        registering to vote, updating registration, and correcting 
        registration.
    (d) Authorization of Appropriations.--
            (1) Authorization.--There are authorized to be appropriated 
        to carry out this section--
                    (A) $500,000,000 for fiscal year 2018; and
                    (B) such sums as may be necessary for each 
                succeeding fiscal year.
            (2) Continuing availability of funds.--Any amounts 
        appropriated pursuant to the authority of this subsection shall 
        remain available without fiscal year limitation until expended.

SEC. 4009. MISCELLANEOUS PROVISIONS.

    (a) Accessibility of Registration Services.--Each contributing 
agency shall ensure that the services it provides under this title are 
made available to individuals with disabilities to the same extent as 
services are made available to all other individuals.
    (b) Transmission Through Secure Third Party Permitted.--Nothing in 
this title shall be construed to prevent a contributing agency from 
contracting with a third party to assist the agency in meeting the 
information transmittal requirements of this Act, so long as the data 
transmittal complies with the applicable requirements of this title, 
including the privacy and security provisions of section 4005.
    (c) Nonpartisan, Nondiscriminatory Provision of Services.--The 
services made available by contributing agencies under this title and 
by the State under sections 4006 and 4007 shall be made in a manner 
consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the 
National Voter Registration Act of 1993 (52 U.S.C. 20506(a)).
    (d) Notices.--Each State may send notices under this title via 
electronic mail if the individual has provided an electronic mail 
address and consented to electronic mail communications for election-
related materials. All notices sent pursuant to this title that require 
a response must offer the individual notified the opportunity to 
respond at no cost to the individual.
    (e) Enforcement.--Section 11 of the National Voter Registration Act 
of 1993 (52 U.S.C. 20510), relating to civil enforcement and the 
availability of private rights of action, shall apply with respect to 
this title in the same manner as such section applies to such Act.
    (f) Relation to Other Laws.--Except as provided, nothing in this 
title may be construed to authorize or require conduct prohibited 
under, or to supersede, restrict, or limit the application of any of 
the following:
            (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et 
        seq.).
            (2) The Uniformed and Overseas Citizens Absentee Voting Act 
        (52 U.S.C. 20301 et seq.).
            (3) The National Voter Registration Act of 1993 (52 U.S.C. 
        20501 et seq.).
            (4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et 
        seq.).

SEC. 4010. DEFINITIONS.

    In this title, the following definitions apply:
            (1) The term ``chief State election official'' means, with 
        respect to a State, the individual designated by the State 
        under section 10 of the National Voter Registration Act of 1993 
        (52 U.S.C. 20509) to be responsible for coordination of the 
        State's responsibilities under such Act.
            (2) The term ``Commission'' means the Election Assistance 
        Commission.
            (3) The term ``State'' means each of the several States and 
        the District of Columbia.

SEC. 4011. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this 
subtitle and the amendments made by this subtitle shall apply with 
respect to a State beginning January 1, 2019.
    (b) Waiver.--Subject to the approval of the Commission, if a State 
certifies to the Commission that the State will not meet the deadline 
referred to in subsection (a) because of extraordinary circumstances 
and includes in the certification the reasons for the failure to meet 
the deadline, subsection (a) shall apply to the State as if the 
reference in such subsection to ``January 1, 2019'' were a reference to 
``January 1, 2021''.

                   Subtitle B--Same Day Registration

SEC. 4101. SHORT TITLE.

    This subtitle may be cited as the ``Same Day Registration Act of 
2017''.

SEC. 4102. SAME DAY REGISTRATION.

    (a) In General.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after 
section 303 the following new section:

``SEC. 303A. SAME DAY REGISTRATION.

    ``(a) In General.--
            ``(1) Registration.--Notwithstanding section 8(a)(1)(D) of 
        the National Voter Registration Act of 1993 (52 U.S.C. 
        20507(a)(1)(D)), each State shall permit any eligible 
        individual on the day of a Federal election and on any day when 
        voting, including early voting, is permitted for a Federal 
        election--
                    ``(A) to register to vote in such election at the 
                polling place using a form that meets the requirements 
                under section 9(b) of the National Voter Registration 
                Act of 1993 (or, if the individual is already 
                registered to vote, to revise any of the individual's 
                voter registration information); and
                    ``(B) to cast a vote in such election.
            ``(2) Exception.--The requirements under paragraph (1) 
        shall not apply to a State in which, under a State law in 
        effect continuously on and after the date of the enactment of 
        this section, there is no voter registration requirement for 
        individuals in the State with respect to elections for Federal 
        office.
    ``(b) Eligible Individual.--For purposes of this section, the term 
`eligible individual' means, with respect to any election for Federal 
office, an individual who is otherwise qualified to vote in that 
election.
    ``(c) Effective Date.--Each State shall be required to comply with 
the requirements of subsection (a) for the regularly scheduled general 
election for Federal office occurring in November 2018 and for any 
subsequent election for Federal office.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 303A''.
    (c) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 303 the 
following new item:

``Sec. 303A. Same day registration.''.

                        Subtitle C--Vote by Mail

SEC. 4201. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN FEDERAL 
              ELECTIONS.

    (a) Voting by Mail in Federal Elections.--
            (1) In general.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 
        by section 4102, is amended by inserting after section 303A the 
        following new section:

``SEC. 303B. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.

    ``(a) In General.--If an individual in a State is eligible to cast 
a vote in an election for Federal office, the State may not impose any 
additional conditions or requirements on the eligibility of the 
individual to cast the vote in such election by mail, except to the 
extent that the State imposes a deadline for returning the ballot to 
the appropriate State or local election official.
    ``(b) Provision of Ballot Materials.--Not later than 2 weeks before 
the date of any election for Federal office, each State shall mail 
ballots to individuals who are registered to vote in such election.
    ``(c) Accessibility for Individuals With Disabilities.--All ballots 
provided under this section shall be accessible to individuals with 
disabilities in a manner that provides the same opportunity for access 
and participation (including for privacy and independence) as for other 
voters.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of States to conduct elections for 
Federal office through the use of polling places at which individuals 
cast ballots.
    ``(e) Effective Date.--A State shall be required to comply with the 
requirements of subsection (a) with respect to elections for Federal 
office held in years beginning with 2020.''.
            (2) Conforming amendment relating to enforcement.--Section 
        401 of such Act (52 U.S.C. 21111), as amended by section 
        4102(b), is amended by striking ``and 303A'' and inserting 
        ``303A, and 303B''.
            (3) Clerical amendment.--The table of contents for such 
        Act, as amended by section 4102(c), is amended by inserting 
        after the item relating to section 303A the following new item:

``Sec. 303B. Promoting ability of voters to vote by mail.''.
    (b) Free Postage for Voting by Mail.--
            (1) In general.--Chapter 34 of title 39, United States 
        Code, is amended by adding at the end the following:
``Sec. 3407. Ballots provided for voting in Federal elections
    ``Ballots mailed pursuant to section 303B(b) of the Help America 
Vote Act of 2002 (individually or in bulk) shall be carried 
expeditiously and free of postage.''.
            (2) Technical and conforming amendments.--
                    (A) Table of sections.--The table of sections for 
                chapter 34 of title 39, United States Code, is amended 
                by adding at the end the following:

``3407. Ballots provided for voting in Federal elections.''.
                    (B) Authorization of appropriations.--Section 
                2401(c) of title 39, United States Code, is amended by 
                striking ``3403 through 3406'' and inserting ``3403 
                through 3407''.

                         TITLE V--SEVERABILITY

SEC. 5001. SEVERABILITY.

    If any provision of this Act or amendment made by this Act, or the 
application of a provision or amendment to any person or circumstance, 
is held to be unconstitutional, the remainder of this and amendments 
made by this Act, and the application of the provisions and amendment 
to any person or circumstance, shall not be affected by the holding.
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