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

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

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3537 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3537

  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 elections and providing for public financing 
     for Congressional elections, and requiring States to conduct 
 Congressional redistricting through independent commissions, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2017

 Mr. Price of North Carolina introduced the following bill; which was 
 referred to the Committee on House Administration, and in addition to 
   the Committees on the Judiciary, Oversight and Government Reform, 
Financial Services, and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To 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 elections and providing for public financing 
     for 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 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

Sec. 1001. Short title.
        Subtitle A--Campaign Disclosure and Transparency Reform

                           Part I--Disclosure

Sec. 1011. Short title.
Sec. 1012. Campaign disbursement reporting.
Sec. 1013. Stand by your ad.
Sec. 1014. Shareholders' and members' right to know.
Sec. 1015. Lobbyists' campaign funding disclosure.
Sec. 1016. 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--Establishment of Federal Election Administration

Sec. 1041. Short title.
               subpart a--federal election administration

Sec. 1051. Establishment of the Federal Election Administration.
                ``Subtitle B--Administrative Provisions

   ``Chapter 1--Establishment of the Federal Election Administration

        ``Sec. 351. Establishment of the Federal Election 
                            Administration.
        ``Sec. 352. Composition of the Federal Election Administration.
        ``Sec. 353. Staff director.
        ``Sec. 354. General counsel.
        ``Sec. 355. Inspector general.
     ``Chapter 2--Operation of the Federal Election Administration

        ``Sec. 361. Powers of the Chair and Administration.
        ``Sec. 362. Independent budget requests and legislative 
                            proposals.
        ``Sec. 363. Advisory opinions.
        ``Sec. 364. Issuance and enforcement of subpoenas.
        ``Sec. 365. Rulemaking authority.
        ``Sec. 366. Litigation authority.
        ``Sec. 367. Availability of reports.
        ``Sec. 368. Audits and field examinations.
        ``Sec. 369. Congressional oversight.
                        ``Chapter 3--Enforcement

        ``Sec. 371. Initiation of enforcement actions by 
                            Administration.
        ``Sec. 372. Complaint to initiate enforcement action.
        ``Sec. 373. Civil enforcement actions.
        ``Sec. 374. Notification of nonfilers.
        ``Sec. 375. Civil monetary penalties.
        ``Sec. 376. Cease-and-desist orders.
        ``Sec. 377. Collection.
        ``Sec. 378. Confidentiality.
        ``Sec. 379. Criminal penalties.
        ``Sec. 380. Period of limitations.
        ``Sec. 381. Authorization of appropriations.
Sec. 1052. Executive schedule positions.
Sec. 1053. GAO examination of enforcement of campaign finance laws by 
                            the Department of Justice.
Sec. 1054. GAO study and report on appropriate funding levels.
Sec. 1055. Conforming amendments.
                    ``Subtitle A--General Provisions

                    subpart b--transition provisions

Sec. 1061. Transfer of functions of Federal Election Commission.
Sec. 1062. Transfer of property, records, and personnel.
Sec. 1063. Repeals.
Sec. 1064. Conforming amendments.
Sec. 1065. Treatment of certain regulations.
Sec. 1066. Effective date.
                      Subtitle B--Lobbying Reform

Sec. 1101. Lobbyist registration reforms.
                   Subtitle C--Revolving Door Reform

Sec. 1201. Short title.
Sec. 1202. Restrictions on private sector payment for Government 
                            service.
Sec. 1203. Requirements relating to slowing the revolving door among 
                            financial services regulators.
   ``TITLE VI--SPECIAL REQUIREMENTS FOR FINANCIAL SERVICES REGULATORS

        ``Sec. 601. Definitions.
        ``Sec. 602. Conflict of interest and eligibility standards for 
                            financial services regulators.
        ``Sec. 603. Negotiating future private sector employment.
        ``Sec. 604. Recordkeeping.
        ``Sec. 605. Penalties and injunctions.
Sec. 1204. Prohibition of procurement officers accepting employment 
                            from Government contractors.
Sec. 1205. Revolving door restrictions on financial services regulators 
                            moving into the private sector.
Sec. 1206. Restrictions on Federal examiners and supervisors of 
                            financial institutions.
            Subtitle D--Disclosure of Visitor Access Records

Sec. 1301. Short title.
Sec. 1302. Findings.
Sec. 1303. Improving access to influential visitor access records.
             Subtitle E--Presidential 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.
                       TITLE II--PUBLIC FINANCING

Sec. 2001. Short title.
         Subtitle A--Reform of Presidential Election Financing

                       Part 1--Primary Elections

Sec. 2101. Increase in and modifications to matching payments.
Sec. 2102. Eligibility requirements for matching payments.
Sec. 2103. Repeal of expenditure limitations.
Sec. 2104. Period of availability of matching payments.
Sec. 2105. Examination and audits of matchable contributions.
Sec. 2106. Modification to limitation on contributions for Presidential 
                            primary candidates.
                       Part 2--General Elections

Sec. 2111. Modification of eligibility requirements for public 
                            financing.
Sec. 2112. Repeal of expenditure limitations and use of qualified 
                            campaign contributions.
Sec. 2113. Matching payments and other modifications to payment 
                            amounts.
Sec. 2114. Increase in limit on coordinated party expenditures.
Sec. 2115. Establishment of uniform date for release of payments.
Sec. 2116. Amounts in Presidential Election Campaign Fund.
Sec. 2117. Use of general election payments for general election legal 
                            and accounting compliance.
   Subtitle B--Public Financing for Congressional Election Campaigns

Sec. 2201. Benefits and eligibility requirements for Congressional 
                            candidates.
    ``TITLE V--PUBLIC FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS

                         ``Subtitle A--Benefits

        ``Sec. 501. Benefits for participating candidates.
        ``Sec. 502. Administration of payments.
        ``Sec. 503. Qualified contribution defined.
              ``Subtitle B--Eligibility and Certification

        ``Sec. 511. Eligibility.
        ``Sec. 512. Qualified contribution requirements.
        ``Sec. 513. Certification.
 ``Subtitle C--Requirements for Candidates Certified as Participating 
                               Candidates

        ``Sec. 521. Restrictions on certain contributions and 
                            expenditures.
        ``Sec. 522. Remitting unspent funds after election.
                ``Subtitle D--Administrative Provisions

        ``Sec. 531. Administration by Commission.
        ``Sec. 532. Violations and penalties.
        ``Sec. 533. Election cycle defined.
Sec. 2202. Permitting unlimited coordinated expenditures by political 
                            party committees on behalf of participating 
                            candidates if expenditures are derived from 
                            small dollar contributions.
Sec. 2203. Prohibiting use of contributions by participating candidates 
                            for purposes other than campaign for 
                            election.
   Subtitle C--Use of Presidential Election Campaign Fund for Public 
                     Financing of Federal Elections

Sec. 2301. Use of Presidential Election Campaign Fund for Congressional 
                            candidates.
           ``Chapter 97--Empowering Citizens Payment Account

Sec. 2302. Revisions to designation of income tax payments by 
                            individual taxpayers.
Sec. 2303. Donation to Presidential Election Campaign Fund.
               Subtitle D--Other Campaign Finance Reforms

Sec. 2401. Regulations with respect to best efforts for identifying 
                            persons making contributions.
Sec. 2402. Rules relating to joint fundraising committees.
Sec. 2403. Disclosure of bundled contributions to Presidential 
                            campaigns; increase in threshold for 
                            bundled contributions by lobbyists.
Sec. 2404. Repeal of special contribution limits for contributions to 
                            national parties for certain purposes.
Sec. 2405. Judicial review of actions related to campaign finance laws.
Sec. 2406. Treatment of internet communications made by political 
                            committees as public communications.
                       Subtitle E--Effective Date

Sec. 2501. Effective date.
                        TITLE III--REDISTRICTING

Sec. 3001. Short title; finding of Constitutional authority.
Sec. 3002. Limit on congressional redistricting after an apportionment.
Sec. 3003. Requiring redistricting to be conducted through plan of 
                            independent State commission or plan of 
                            highest State court.
Sec. 3004. Independent redistricting commission.
Sec. 3005. Selection of plan by courts.
Sec. 3006. Special rule for redistricting conducted under order of 
                            Federal court.
Sec. 3007. Payments to States for carrying out redistricting.
Sec. 3008. State apportionment notice defined.
Sec. 3009. No effect on elections for State and local office.
Sec. 3010. Effective date.
                    TITLE IV--SAME DAY REGISTRATION

Sec. 4001. Short title.
Sec. 4002. Same day registration.
                         TITLE V--SEVERABILITY

Sec. 5001. Severability.

                    TITLE I--INCREASING TRANSPARENCY

SEC. 1001. SHORT TITLE.

    This title may be cited as the ``We the People Act of 2017''.

        Subtitle A--Campaign Disclosure and Transparency Reform

                           PART I--DISCLOSURE

SEC. 1011. 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. 1012. 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, when taken as a whole, expressly 
                advocates the election or defeat of a clearly 
                identified candidate, or is the functional equivalent 
                of express advocacy because 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 or preference 
                                election or a convention or caucus of a 
                                political party which has the authority 
                                to nominate a candidate for the office 
                                of President or Vice President is held 
                                in any State 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 July 1, 2015, except that no communication which is 
        made prior to such date shall be treated as an electioneering 
        communication under section 304(f)(3)(A)(i)(II) or (III) 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 
        a calendar year 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 preceding calendar year 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.
                    ``(B) The amount of each campaign-related 
                disbursement made by such organization during the 
                period covered by the statement of more than $1,000.
                    ``(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 
                contributed, donated, transferred, or paid directly to 
                such account by persons other than the covered 
                organization that controls the account, for each 
                contribution, donation, transfer, payment of dues, or 
                other payment to the account--
                            ``(i) the name and address of each person 
                        who made such contribution, donation, transfer, 
                        payment of dues, or other payment during the 
                        period covered by the statement;
                            ``(ii) the date and amount of such 
                        contribution, donation, transfer, payment of 
                        dues, or other payment; and
                            ``(iii) the aggregate amount of all such 
                        contributions, donations, transfers, payments 
                        of dues, and other payments made by the person 
                        during the period beginning on the first day of 
                        the preceding calendar year and ending on the 
                        disclosure date;
                but only if such contribution, donation, transfer, 
                payment of dues, or other payment was made by a person 
                who made contributions, donations, transfers, payments 
                of dues, or payments to the account in an aggregate 
                amount of $10,000 or more during the period beginning 
                on the first day of the preceding calendar year and 
                ending on the disclosure date.
                    ``(F) Subject to paragraph (4), if the covered 
                organization makes campaign-related disbursements using 
                funds other than funds in a segregated bank account 
                described in subparagraph (E), for each contribution, 
                donation, transfer, or payment of dues to the covered 
                organization--
                            ``(i) the name and address of each person 
                        who made such contribution, donation, transfer, 
                        or payment of dues during the period covered by 
                        the statement;
                            ``(ii) the date and amount of such 
                        contribution, donation, transfer, or payment of 
                        dues; and
                            ``(iii) the aggregate amount of all such 
                        contributions, donations, transfers, and 
                        payments of dues made by the person during the 
                        period beginning on the first day of the 
                        preceding calendar year and ending on the 
                        disclosure date;
                but only if such contribution, donation, transfer, or 
                payment of dues was made by a person who made 
                contributions, donations, transfers, or payments of 
                dues to the covered organization in an aggregate amount 
                of $10,000 or more during the period beginning on the 
                first day of the preceding calendar year and ending on 
                the disclosure date.
            ``(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 the ordinary course of any 
                trade or business conducted by the covered organization 
                or in the form of investments 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 contribution, donation, transfer, payment 
                        of dues, or other payment made by such person 
                        for campaign-related disbursements; and
                            ``(ii) the covered organization agreed to 
                        follow the prohibition and deposited the 
                        contribution, donation, transfer, payment of 
                        dues, or other payment in an account which is 
                        segregated from any account used to make 
                        campaign-related disbursements.
            ``(4) Disclosure date.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `disclosure date' means--
                            ``(i) the first date during any calendar 
                        year by which a person has made campaign-
                        related disbursements aggregating more than 
                        $10,000; and
                            ``(ii) each date following the date 
                        described in clause (i) during such calendar 
                        year by which a person has made campaign-
                        related disbursements aggregating more than 
                        $10,000.
                    ``(B) Disclosure date for certain transfers.--In 
                the case of a statement filed with respect to a 
                campaign-related disbursement which is a covered 
                transfer described in subsection (f)(1)(E), the term 
                `disclosure date' means the date on which the covered 
                organization making such transfer knew or should have 
                known that the recipient of such transfer made 
                campaign-related disbursements in an aggregate amount 
                of $50,000 or more during the 2-year period beginning 
                on the date of the transfer.
    ``(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.--In this section, the 
term `campaign-related disbursement' means a disbursement by a covered 
organization for any of the following:
            ``(1) An independent expenditure consisting of a public 
        communication, as defined in section 301(22).
            ``(2) An electioneering communication, as defined in 
        section 304(f)(3).
            ``(3) A covered transfer.
    ``(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) 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).
            ``(3) A labor organization (as defined in section 316(b)).
            ``(4) 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 (5)).
            ``(5) A political committee with an account established for 
        the purpose of accepting donations or contributions that do not 
        comply with the contribution limits or source prohibitions 
        under this Act, but only with respect to the accounts 
        established for such purpose.
    ``(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 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.--The term `covered transfer' does not 
                include an amount transferred by one covered 
                organization to another covered organization which is 
                treated as a transfer between affiliates under 
                subparagraph (B) if the aggregate amount transferred 
                during the year by such covered organization to that 
                same covered organization is equal to or less than 
                $50,000.
                    ``(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 subparagraph (B), a covered organization is 
                an affiliate of another covered organization if--
                            ``(i) the governing instrument of the 
                        organization requires it to be bound by 
                        decisions of the other organization;
                            ``(ii) the governing board of the 
                        organization includes persons who are 
                        specifically designated representatives of the 
                        other organization or are members of the 
                        governing board, officers, or paid executive 
                        staff members of the other organization, or 
                        whose service on the governing board is 
                        contingent upon the approval of the other 
                        organization; or
                            ``(iii) the organization is chartered by 
                        the other organization.
                    ``(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''.

SEC. 1013. 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.

SEC. 1014. SHAREHOLDERS' AND MEMBERS' RIGHT TO KNOW.

    Title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30101 et seq.), as amended by section 1012(b), is amended by adding at 
the end the following new section:

``SEC. 325. DISCLOSURES BY COVERED ORGANIZATIONS TO SHAREHOLDERS, 
              MEMBERS, AND DONORS OF INFORMATION ON CAMPAIGN-RELATED 
              DISBURSEMENTS.

    ``(a) Information on Campaign-Related Disbursements To Be Included 
in Periodic Reports.--A covered organization which submits regular, 
periodic reports to its shareholders, members, or donors on its 
finances or activities shall include in each such report, in a clear 
and conspicuous manner, the information included in the statements 
filed by the organization under section 324 with respect to the 
campaign-related disbursements made by the organization during the 
period covered by the report.
    ``(b) Hyperlink to Information Included in Reports Filed With 
Commission.--
            ``(1) Required posting of hyperlink.--If a covered 
        organization maintains an Internet site, the organization shall 
        post on such Internet site a hyperlink from its homepage to the 
        location on the Internet site of the Commission which contains 
        the information included in the statements filed by the 
        organization under section 324 with respect to campaign-related 
        disbursements.
            ``(2) Deadline; duration of posting.--The covered 
        organization shall post the hyperlink described in paragraph 
        (1) not later than 24 hours after the Commission posts the 
        information described in such paragraph on the Internet site of 
        the Commission, and shall ensure that the hyperlink remains on 
        the Internet site of the covered organization until the 
        expiration of the 1-year period which begins on the date of the 
        election with respect to which the campaign-related 
        disbursements are made.
    ``(c) Definitions.--The terms `campaign-related disbursement' and 
`covered organization' have the meanings given such terms in section 
324.''.

SEC. 1015. LOBBYISTS' CAMPAIGN FUNDING DISCLOSURE.

    (a) Disclosure of Independent Expenditures and Electioneering 
Communications.--Section 5(d)(1) of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1604(d)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (F);
            (2) by redesignating subparagraph (G) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (F) the following new 
        subparagraphs:
                    ``(G) the amount of any independent expenditure (as 
                defined in section 301(17) of the Federal Election 
                Campaign Act of 1971 (52 U.S.C. 30101(17)) equal to or 
                greater than $1,000 made by such person or 
                organization, and for each such expenditure the name of 
                each candidate being supported or opposed and the 
                amount spent supporting or opposing each such 
                candidate;
                    ``(H) the amount of any electioneering 
                communication (as defined in section 304(f)(3) of such 
                Act (52 U.S.C. 30104(f)(3)) equal to or greater than 
                $1,000 made by such person or organization, and for 
                each such communication the name of the candidate 
                referred to in the communication and whether the 
                communication involved was in support of or in 
                opposition to the candidate; and''.
    (b) Disclosure of Amounts Provided to Certain Political 
Committees.--Section 5(d)(1)(D) of such Act (2 U.S.C. 1605(d)(1)(D)) is 
amended by striking ``or political party committee,'' and inserting the 
following: ``political party committee, or political committee which is 
treated as a covered organization under section 324(f)(1)(D) of the 
Federal Election Campaign Act of 1971,''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to reports for semiannual periods described in 
section 5(d)(1) of the Lobbying Disclosure Act of 1995 that begin after 
the date of the enactment of this Act.

SEC. 1016. EFFECTIVE DATE.

    Except as provided in section 1012(a)(3) and section 1015, the 
amendments made by this title shall apply with respects 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 326) 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 section 1012(b) and section 1014, is amended to by adding 
at the end the following new section:

``SEC. 326. 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--ESTABLISHMENT OF FEDERAL ELECTION ADMINISTRATION

SEC. 1041. SHORT TITLE.

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

               Subpart A--Federal Election Administration

SEC. 1051. 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, one 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 one of the five 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 chapters 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. 1052. 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. 1053. 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. 1054. 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. 1055. 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''.

                    Subpart B--Transition Provisions

SEC. 1061. 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. 1062. 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 part 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 part are transferred to the Federal Election 
Administration.

SEC. 1063. 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. 1064. 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. 1065. 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. 1066. EFFECTIVE DATE.

    (a) In General.--Except as provided in section 1325, this part and 
the amendments made by this part 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 
part, the members of the Federal Election Commission shall be removed 
from office on the date described in subsection (a).

                      Subtitle B--Lobbying Reform

SEC. 1101. 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 C--Revolving Door Reform

SEC. 1201. SHORT TITLE.

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

SEC. 1202. 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. 1203. 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. 1204. 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. 1205. 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. 1206. 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 D--Disclosure of Visitor Access Records

SEC. 1301. 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. 1302. 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. 1303. 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 30-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 E--Presidential 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; and
            ``(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 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.

                       TITLE II--PUBLIC FINANCING

SEC. 2001. SHORT TITLE.

    This title may be cited as the ``Empowering Citizens Act''.

         Subtitle A--Reform of Presidential Election Financing

                       PART 1--PRIMARY ELECTIONS

SEC. 2101. 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'',
            (2) by striking ``shall not exceed'' and all that follows 
        and inserting ``shall not exceed $300,000,000.'', and
            (3) 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. 2102. 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 2101(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--
                    ``(A) 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; or
                    ``(B) any contribution forwarded by or credited to 
                a multicandidate political committee described in 
                section 315(a)(4) of such Act which would be treated as 
                a bundled contribution under section 304(i)(8) of such 
                Act if it were 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. 2103. 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. 2104. 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. 2105. 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. 2106. 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 2--GENERAL ELECTIONS

SEC. 2111. 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--
                    ``(A) 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; or
                    ``(B) any contribution forwarded by or credited to 
                a multicandidate political committee described in 
                section 315(a)(4) of such Act which would be treated as 
                a bundled contribution under section 304(i)(8) of such 
                Act if it were forwarded by or credited to a person 
                described in section 304(i)(7) of such Act.''.

SEC. 2112. 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. 2113. 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 2112, 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. 2114. 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 2112(d)(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 2112(d)(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. 2115. 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. 2116. 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. 2117. 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--Public Financing for Congressional Election Campaigns

SEC. 2201. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR CONGRESSIONAL 
              CANDIDATES.

    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--PUBLIC FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS

                         ``Subtitle A--Benefits

``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES.

    ``(a) In General.--If a candidate for election to the office of 
Senator or Representative in, or Delegate or Resident Commissioner to, 
the Congress is a participating candidate under this title with respect 
to an election for such office, the candidate shall be entitled to 
payments under this title, to be used only for authorized expenditures 
in connection with the election.
    ``(b) Amount of Payment.--
            ``(1) Match of qualified contributions.--Subject to 
        paragraph (2), the amount of a payment made to a participating 
        candidate under this title shall be equal to 600 percent of the 
        amount of qualified contributions received by the candidate 
        since the most recent payment made to the candidate under this 
        title with respect to the election, as set forth--
                    ``(A) in the case of the first payment made to the 
                candidate with respect to the election, in the report 
                filed under section 511(a)(2); and
                    ``(B) in the case of any subsequent payment made to 
                the candidate with respect to the election, in the 
                report of qualified contributions filed under 
                subsection (c).
            ``(2) Limitation.--In determining the amount of qualified 
        contributions received by a candidate for purposes of making a 
        payment under this section, there shall be disregarded any 
        amount of contributions from any person to the extent that the 
        total of the amounts contributed by such person for the 
        election exceeds $200.
    ``(c) Reports.--
            ``(1) In general.--Each participating candidate shall file 
        reports of receipts of qualified 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 each qualified contribution received 
        by the candidate since the most recent report filed under this 
        section, and shall state the aggregate amount of all such 
        qualified contributions received since the most recent report 
        filed under this section.
            ``(3) Frequency of reports.--Reports under this subsection 
        shall be made no more frequently than--
                    ``(A) once every month until the date that is 90 
                days before the date of the election;
                    ``(B) once every week after the period 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.
    ``(d) Limit on Aggregate Amount of Payments.--The aggregate amount 
of payments that may be made under this title to a participating 
candidate during an election cycle may not exceed--
            ``(1) $2,000,000, in the case of a candidate for the office 
        of Representative in, or Delegate or Resident Commissioner to, 
        the Congress; or
            ``(2) $10,000,000, in the case of a candidate for the 
        office of Senator.
    ``(e) Inflation Adjustment.--In each odd-numbered calendar year 
after 2018--
            ``(1) each of the dollar amounts under subsections (b)(2), 
        (d)(1), and (d)(2) shall be increased by the percent difference 
        determined under section 315(c)(1)(A) (determined by 
        substituting `calendar year 2017' for `the base period');
            ``(2) each amount so increased shall remain in effect for 
        the election cycle beginning on the first day following the 
        year in which the amount is increased; and
            ``(3) if any amount after adjustment under paragraph (1) 
        is--
                    ``(A) in the case of an amount under subsection 
                (b)(2), not a multiple of $10, such amount shall be 
                rounded to the nearest multiple of $10, and
                    ``(B) in the case of an amount under subsection 
                (d), not a multiple of $1,000, such amount shall be 
                rounded to the nearest multiple of $1,000.

``SEC. 502. ADMINISTRATION OF PAYMENTS.

    ``(a) Timing.--The Commission shall make payments under this title 
to a participating candidate--
            ``(1) in the case of the first payment made to the 
        candidate with respect to the election, not later than 48 hours 
        after the date on which such candidate is certified as a 
        participating candidate under section 513; and
            ``(2) in the case of any subsequent payment made to the 
        candidate with respect to the election, not later than 5 
        business days after the receipt of a report made under section 
        501(c).
    ``(b) Method of Payment.--The Commission shall distribute funds 
available to participating candidates under this title through the use 
of an electronic funds exchange or a debit card.
    ``(c) Appeals.--The Commission shall provide a written explanation 
with respect to any denial of any payment under this title and shall 
provide for the opportunity for review and reconsideration within 5 
business days of such denial.

``SEC. 503. QUALIFIED CONTRIBUTION DEFINED.

    ``In this title, the term `qualified contribution' means, with 
respect to a candidate, a contribution that meets each of the following 
requirements:
            ``(1) The contribution is in an amount that is not greater 
        than the limit on the amount of a contribution that may be 
        accepted by a participating candidate from an individual under 
        section 521(a).
            ``(2) The contribution is made by an individual who is not 
        otherwise prohibited from making a contribution under this Act.
            ``(3) The contribution is not--
                    ``(A) forwarded from the contributor by any person 
                other than an individual; or
                    ``(B) received by the candidate or an authorized 
                committee of the candidate 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.
            ``(4) The contribution meets the requirements of section 
        512(b).

              ``Subtitle B--Eligibility and Certification

``SEC. 511. ELIGIBILITY.

    ``(a) In General.--A candidate for the office of Senator or 
Representative in, or Delegate or Resident Commissioner to, the 
Congress is eligible to be certified as a participating candidate under 
this title with respect to an election if the candidate meets the 
following requirements:
            ``(1) During the election cycle for the office involved, 
        the candidate files with the Commission a statement of intent 
        to seek certification as a participating candidate.
            ``(2) The candidate meets the qualified contribution 
        requirements of section 512 and submits to the Commission a 
        report disclosing each qualified contribution received by the 
        candidate and stating the aggregate amount of all such 
        qualified contributions received.
            ``(3) Not later than the last day of the 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 521;
                    ``(B) if certified, will run only as a 
                participating candidate for all elections for the 
                office that such candidate is seeking during the 
                election cycle; and
                    ``(C) 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 a payment under this title 
for a general election or a general runoff election unless the 
candidate's party nominated the candidate to be placed on the ballot 
for the general election or the candidate is otherwise qualified to be 
on the ballot under State law.
    ``(c) Qualifying Period Defined.--The term `qualifying period' 
means, with respect to any candidate for the office of Senator or 
Representative in, or Delegate or Resident Commissioner to, the 
Congress, the 120-day period (during the election cycle for such 
office) which begins on the date on which the candidate files a 
statement of intent under section 511(a)(1), except that such period 
may not continue after the date that is 60 days before--
            ``(1) the date of the primary election; or
            ``(2) in the case of a State that does not hold a primary 
        election, the date prescribed by State law as the last day to 
        qualify for a position on the general election ballot.

``SEC. 512. QUALIFIED CONTRIBUTION REQUIREMENTS.

    ``(a) Receipt of Qualified Contributions.--
            ``(1) In general.--A candidate meets the requirements of 
        this section if, during the qualifying period described in 
        section 511(c), the candidate obtains--
                    ``(A) a single qualified contribution from a number 
                of individuals equal to or greater than--
                            ``(i) in the case of a candidate for 
                        election the office of Representative in, or 
                        Delegate or Resident Commissioner to, the 
                        Congress, 400, or
                            ``(ii) in the case of a candidate for the 
                        office of Senator, the product of 400 and the 
                        number of Congressional districts in the State 
                        involved as of the date of the election; and
                    ``(B) a total dollar amount of qualified 
                contributions equal to or greater than--
                            ``(i) in the case of a candidate for 
                        election the office of Representative in, or 
                        Delegate or Resident Commissioner to, the 
                        Congress, $40,000, disregarding any amount of 
                        contributions from any person to the extent 
                        that the total of the amounts contributed by 
                        such person for the election exceeds $200, or
                            ``(ii) in the case of a candidate for the 
                        office of Senator, the product of $40,000 and 
                        the number of Congressional districts in the 
                        State involved as of the date of the election, 
                        disregarding any amount of contributions from 
                        any person to the extent that the total of the 
                        amounts contributed by such person for the 
                        election exceeds $200.
            ``(2) Exclusion of contributions from out-of-state 
        residents.--In determining the number of qualified 
        contributions obtained by a candidate under paragraph (1)(A) 
        and the dollar amount of qualified contributions obtained by a 
        candidate under paragraph (1)(B), there shall be excluded any 
        contributions made by an individual who does not have a primary 
        residence in the State in which such candidate is seeking 
        election.
    ``(b) Requirements Relating to Receipt of Qualified Contribution.--
Each qualified 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 
        the contributor's name and the contributor's address in the 
        State in which the primary residence of the contributor is 
        located; and
            ``(3) shall be acknowledged by a receipt that is sent to 
        the contributor with a copy kept by the 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) Prohibiting Payment on Commission Basis of Individuals 
Collecting Qualified Contributions.--No person may be paid a commission 
on a per qualified contribution basis for collecting qualified 
contributions.

``SEC. 513. CERTIFICATION.

    ``(a) Deadline and Notification.--
            ``(1) In general.--Not later than 10 days after a candidate 
        files an affidavit under section 511(a)(3), the Commission 
        shall--
                    ``(A) determine whether or not the candidate meets 
                the requirements for certification as a participating 
                candidate;
                    ``(B) if the Commission determines that the 
                candidate meets such requirements, certify the 
                candidate as a participating candidate; and
                    ``(C) notify the candidate of the Commission's 
                determination.
            ``(2) Deemed certification for all elections in election 
        cycle.--If the Commission certifies a candidate as a 
        participating candidate with respect to the first election of 
        the election cycle involved, the Commissioner shall be deemed 
        to have certified the candidate as a participating candidate 
        with respect to all subsequent elections of the election cycle.
    ``(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 
                (other than a candidate certified as a participating 
                candidate with respect to a primary election who fails 
                to qualify to appear on the ballot for a subsequent 
                election in that election cycle); or
                    ``(B) a candidate otherwise fails to comply with 
                the requirements of this title, including any 
                regulatory requirements prescribed by the Commission.
            ``(2) Repayment of benefits.--If certification is revoked 
        under paragraph (1), the candidate shall repay to the 
        Empowering Citizens Payment Account of the Presidential 
        Election Campaign Fund (established under section 9051 of the 
        Internal Revenue Code of 1986) an amount equal to the value of 
        benefits received under this title with respect to the election 
        cycle involved plus interest (at a rate determined by the 
        Commission) on any such amount received.
    ``(c) Participating Candidate Defined.--In this title, a 
`participating candidate' means a candidate for the office of Senator 
or Representative in, or Delegate or Resident Commissioner to, the 
Congress who is certified under this section as eligible to receive 
benefits under this title.

 ``Subtitle C--Requirements for Candidates Certified as Participating 
                               Candidates

``SEC. 521. RESTRICTIONS ON CERTAIN CONTRIBUTIONS AND EXPENDITURES.

    ``(a) Reduction in Otherwise Applicable Contribution Limits.--
            ``(1) In general.--In the case of a candidate who is 
        certified as a participating candidate under this title with 
        respect to an election, each limit applicable under paragraph 
        (1)(A) and paragraph (2)(A) of section 315(a) to the amount of 
        a contribution which may be made to the candidate and any 
        authorized committee of the candidate with respect to the 
        election shall be equal to $1,000 for the election.
            ``(2) Inflation adjustment.--In each odd-numbered calendar 
        year after 2018--
                    ``(A) the $1,000 amount under paragraph (1) shall 
                be increased by the percent difference determined under 
                section 315(c)(1)(A) (determined by substituting 
                `calendar year 2017' for `the base period');
                    ``(B) the amount so increased shall remain in 
                effect for the election cycle beginning on the first 
                day following the year in which the amount is 
                increased; and
                    ``(C) if any amount after adjustment under 
                subparagraph (A) not a multiple of $100, such amount 
                shall be rounded to the nearest multiple of $100.
    ``(b) Prohibiting Acceptance of Contributions Bundled by Registered 
Lobbyists.--A candidate who is certified as a participating candidate 
under this title with respect to an election, and any authorized 
committee of such a candidate, may not accept--
            ``(1) any contribution with respect to the election which 
        is a bundled contribution (as defined in section 304(i)(8)) 
        forwarded by or credited to a person described in section 
        304(i)(7); or
            ``(2) any contribution forwarded by or credited to a 
        multicandidate political committee described in section 
        315(a)(4) which would be treated as a bundled contribution 
        under section 304(i)(8) if it were forwarded by or credited to 
        a person described in section 304(i)(7).
    ``(c) Limit on Expenditures From Personal Funds.--A candidate who 
is certified as a participating candidate under this title may not make 
expenditures from personal funds (as defined in section 304(a)(6)(B)) 
in an aggregate amount exceeding $50,000 with respect to any election 
in the election cycle involved.
    ``(d) Prohibiting Solicitation of Funds for Political Party 
Committees.--A candidate who is certified as a participating candidate 
under this title may not solicit funds for any political committee of a 
political party, except that the candidate may solicit funds for a 
separate account of the committee which is established under section 
315(d)(5).

``SEC. 522. REMITTING UNSPENT FUNDS AFTER ELECTION.

    ``(a) In General.--Not later than the date that is 60 days after 
the last election for which a candidate certified as a participating 
candidate qualifies to be on the ballot during the election cycle 
involved, such participating candidate shall remit to the Commission 
for deposit in the Empowering Citizens Payment Account of the 
Presidential Election Campaign Fund (established under section 9051 of 
the Internal Revenue Code of 1986) an amount equal to the lesser of--
            ``(1) the amount of money in the candidate's campaign 
        account; or
            ``(2) the amount of the payments received by the candidate 
        under this title.
    ``(b) Exception for Expenditures Incurred but Not Paid as of Date 
of Remittance.--
            ``(1) In general.--Subject to subsection (a), a candidate 
        may withhold from the amount required to be remitted under 
        paragraph (1) of such subsection the amount of any authorized 
        expenditures which were incurred in connection with the 
        candidate's campaign but which remain unpaid as of the deadline 
        applicable to the candidate under such subsection, except that 
        any amount withheld pursuant to this paragraph shall be 
        remitted to the Commission not later than 120 days after the 
        date of the election to which such subsection applies.
            ``(2) Documentation required.--A candidate may withhold an 
        amount of an expenditure pursuant to paragraph (1) only if the 
        candidate submits documentation of the expenditure and the 
        amount to the Commission not later than the deadline applicable 
        to the candidate under subsection (a).

                ``Subtitle D--Administrative Provisions

``SEC. 531. ADMINISTRATION BY COMMISSION.

    ``The Commission shall prescribe regulations to carry out the 
purposes of this title, including regulations to establish procedures 
for--
            ``(1) verifying the amount of qualified contributions with 
        respect to a candidate;
            ``(2) effectively and efficiently monitoring and enforcing 
        the limits on the raising of qualified contributions;
            ``(3) effectively and efficiently monitoring and enforcing 
        the limits on the use of personal funds by participating 
        candidates; and
            ``(4) monitoring the use of payments under this title 
        through audits of not fewer than \1/3\ of all participating 
        candidates or other mechanisms.

``SEC. 532. VIOLATIONS AND PENALTIES.

    ``(a) Civil Penalty for Violation of Contribution and Expenditure 
Requirements.--If a candidate who has been certified as a participating 
candidate accepts a contribution or makes an expenditure that is 
prohibited under section 521, the Commission shall assess a civil 
penalty against the candidate in an amount that is not more than 3 
times the amount of the contribution or expenditure. Any amounts 
collected under this subsection shall be deposited into the Empowering 
Citizens Payment Account of the Presidential Election Campaign Fund 
(established under section 9051 of the Internal Revenue Code of 1986).
    ``(b) Repayment for Improper Use of Empowering Citizens Payment 
Account.--
            ``(1) In general.--If the Commission determines that any 
        benefit made available to a participating candidate 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 Empowering 
        Citizens Payment Account of the Presidential Election Campaign 
        Fund an amount equal to--
                    ``(A) the amount of benefits so used or not 
                remitted, as appropriate; and
                    ``(B) interest on any such amounts (at a rate 
                determined by the Commission).
            ``(2) Other action not precluded.--Any action by the 
        Commission in accordance with this subsection shall not 
        preclude enforcement 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. 533. ELECTION CYCLE DEFINED.

    ``In this title, the term `election cycle' means, with respect to 
an election for the office of Senator or Representative in, or Delegate 
or Resident Commissioner to, the Congress, the period beginning on the 
day after the date of the most recent general election for that office 
(or, if the general election resulted in a runoff election, the date of 
the runoff election) and ending on the date of the next general 
election for that office (or, if the general election resulted in a 
runoff election, the date of the runoff election).''.

SEC. 2202. PERMITTING UNLIMITED COORDINATED EXPENDITURES BY POLITICAL 
              PARTY COMMITTEES ON BEHALF OF PARTICIPATING CANDIDATES IF 
              EXPENDITURES ARE DERIVED FROM SMALL DOLLAR CONTRIBUTIONS.

    Section 315(d) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30116(d)), as amended by section 2101(b) of Division N of the 
Consolidated and Further Continuing Appropriations Act, 2015 (Public 
Law 113-235; 128 Stat. 2773), is amended by adding at the end the 
following new paragraph:
    ``(6) In determining the amount of expenditures made by a committee 
under paragraph (3) in connection with the campaign of a candidate who 
is certified as a participating candidate under title V, there shall be 
excluded any expenditures which are derived from a separate account 
established by the committee for which the only sources of funds are 
contributions made during the election cycle in an amount which does 
not exceed $1,000 per contributor.''.

SEC. 2203. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES 
              FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION.

    Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30114) is amended by adding at the end the following new subsection:
    ``(d) Restrictions on Permitted Uses of Funds by Candidates 
Receiving Matching Public Funds.--Notwithstanding paragraph (2), (3), 
or (4) of subsection (a), if a candidate for election for the office of 
Senator or Representative in, or Delegate or Resident Commissioner to, 
the Congress is certified as a participating candidate under title V 
with respect to the election, any contribution which the candidate is 
permitted to accept under such title may be used only for authorized 
expenditures in connection with the candidate's campaign for such 
office.''.

   Subtitle C--Use of Presidential Election Campaign Fund for Public 
                     Financing of Federal Elections

SEC. 2301. USE OF PRESIDENTIAL ELECTION CAMPAIGN FUND FOR CONGRESSIONAL 
              CANDIDATES.

    Subtitle H of the Internal Revenue Code of 1986 is amended by 
adding at the end the following new chapter:

           ``CHAPTER 97--EMPOWERING CITIZENS PAYMENT ACCOUNT

``Sec. 9051. Payments to Congressional candidates.

``SEC. 9051. PAYMENTS TO CONGRESSIONAL CANDIDATES.

    ``(a) Establishment of Account.--The Secretary shall maintain in 
the Presidential Election Campaign Fund established by section 9006(a), 
in addition to any account which he maintains under such section, a 
separate account to be known as the Empowering Citizens Payment Account 
(hereinafter in this section referred to as the `Account').
    ``(b) Amounts Transferred to Account.--
            ``(1) In general.--The Secretary shall deposit into the 
        Account the excess of--
                    ``(A) the balance of the Federal Election Campaign 
                Fund (determined without regard to the Account), over
                    ``(B) the amount determined by the Secretary to be 
                required for payments under section 9006(c) and for 
                payments under section 9037(b).
            ``(2) Supplemental transfers.--There are hereby 
        appropriated to the Account an amount equal to the excess (if 
        any) of--
                    ``(A) the amount required to provide payments to 
                candidates for election to the office of Senator or 
                Representative in, or Delegate or Resident Commissioner 
                to, the Congress who are participating candidates under 
                title V of the Federal Election Campaign Act of 1971, 
                over
                    ``(B) the amounts transferred to such Account under 
                paragraph (1).
    ``(c) Use of Account for Payments to Congressional Candidates 
Participating in Public Financing Program.--The Secretary shall 
transfer amounts in the Account to the Federal Election Commission, at 
such times and in such amounts as the Federal Election Commission may 
certify, for payments to candidates for election to the office of 
Senator or Representative in, or Delegate or Resident Commissioner to, 
the Congress who are participating candidates under title V of the 
Federal Election Campaign Act of 1971.''.

SEC. 2302. REVISIONS TO DESIGNATION OF INCOME TAX PAYMENTS BY 
              INDIVIDUAL TAXPAYERS.

    (a) Increase in Amount Designated.--Section 6096(a) of the Internal 
Revenue Code of 1986 is amended--
            (1) in the first sentence, by striking ``$3'' each place it 
        appears and inserting ``$20''; and
            (2) in the second sentence--
                    (A) by striking ``$6'' and inserting ``$40''; and
                    (B) by striking ``$3'' and inserting ``$20''.
    (b) Indexing.--Section 6096 of such Code is amended by adding at 
the end the following new subsection:
    ``(d) Indexing of Amount Designated.--
            ``(1) In general.--With respect to each taxable year after 
        2017, each amount referred to in subsection (a) shall be 
        increased by the percent difference described in paragraph (2), 
        except that if any such amount after such an increase is not a 
        multiple of $1, such amount shall be rounded to the nearest 
        multiple of $1.
            ``(2) Percent difference described.--The percent difference 
        described in this paragraph with respect to a taxable year is 
        the percent difference determined under section 315(c)(1)(A) of 
        the Federal Election Campaign Act of 1971 with respect to the 
        calendar year during which the taxable year begins, except that 
        the base year involved shall be 2016.''.
    (c) Ensuring Tax Preparation Software Does Not Provide Automatic 
Response to Designation Question.--Section 6096 of such Code, as 
amended by subsection (b), is amended by adding at the end the 
following new subsection:
    ``(e) Ensuring Tax Preparation Software Does Not Provide Automatic 
Response to Designation Question.--The Secretary shall promulgate 
regulations to ensure that electronic software used in the preparation 
or filing of individual income tax returns does not automatically 
accept or decline a designation of a payment under this section.''.
    (d) Public Information Program on Designation.--Section 6096 of 
such Code, as amended by subsections (b) and (c), is amended by adding 
at the end the following new subsection:
    ``(f) Public Information Program.--
            ``(1) In general.--The Federal Election Commission shall 
        conduct a program to inform and educate the public regarding 
        the purposes of the Presidential Election Campaign Fund, the 
        procedures for the designation of payments under this section, 
        and the effect of such a designation on the income tax 
        liability of taxpayers.
            ``(2) Use of funds for program.--Amounts in the 
        Presidential Election Campaign Fund shall be made available to 
        the Federal Election Commission to carry out the program under 
        this subsection.''.
    (e) Effective Date.--The amendments made by this section shall take 
effect January 1, 2018.

SEC. 2303. DONATION TO PRESIDENTIAL ELECTION CAMPAIGN FUND.

    (a) General Rule.--Every taxpayer who makes a return of the tax 
imposed by subtitle A of the Internal Revenue Code of 1986 for any 
taxable year ending after December 31, 2017, may donate an amount (not 
less than $1), in addition to any designation of income tax liability 
under section 6096 of such Code for such taxable year, which shall be 
deposited in the general fund of the Treasury.
    (b) Manner and Time of Designation.--Any donation under subsection 
(a) for any taxable year--
            (1) shall be made at the time of filing the return of the 
        tax imposed by subtitle A of such Code for such taxable year 
        and in such manner as the Secretary may by regulation 
        prescribe, except that--
                    (A) the designation for such donation shall be 
                either on the first page of the return or on the page 
                bearing the taxpayer's signature, and
                    (B) the designation shall be by a box added to the 
                return, and the text beside the box shall provide:
                            ``By checking here, I signify that in 
                        addition to my tax liability (if any), I would 
                        like to donate the included payment to be used 
                        exclusively as a contribution to the 
                        Presidential Election Campaign Fund.'', and
            (2) shall be accompanied by a payment of the amount so 
        designated.
    (c) Transfers to Presidential Election Campaign Fund.--The 
Secretary shall, from time to time, transfer to the Presidential 
Election Campaign Fund established under section 9006(a) of such Code 
amounts equal to the amounts donated under this section.

               Subtitle D--Other Campaign Finance Reforms

SEC. 2401. 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. 2402. RULES RELATING TO JOINT FUNDRAISING COMMITTEES.

    (a) Prohibition on Joint Fundraising Committees for Candidates.--
            (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 may establish, 
participate in, or have any involvement with any joint fundraising 
committee.''.
            (2) Conforming amendment.--Section 302(e)(3)(A) of such Act 
        (52 U.S.C. 30102(e)(3)) is amended--
                    (A) by striking ``except that'' and all that 
                follows through ``the candidate'' and inserting 
                ``except that the candidate'',
                    (B) by striking ``; and'' and inserting a period, 
                and
                    (C) by striking clause (ii).
    (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. 2403. 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 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. 2404. REPEAL OF SPECIAL CONTRIBUTION LIMITS FOR CONTRIBUTIONS TO 
              NATIONAL PARTIES FOR CERTAIN PURPOSES.

    (a) In General.--Section 315(a) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30116(a)), as amended by section 2101(b) of 
Division N of the Consolidated and Further Continuing Appropriations 
Act, 2015 (Public Law 113-235; 128 Stat. 2773), is amended--
            (1) in paragraph (1)(B), by striking ``, or, in the case of 
        contributions made to any of the accounts described in 
        paragraph (9), exceed 300 percent of the amount otherwise 
        applicable under this subparagraph with respect to such 
        calendar year'',
            (2) in paragraph (2)(B), by striking ``, or, in the case of 
        contributions made to any of the accounts described in 
        paragraph (9), exceed 300 percent of the amount otherwise 
        applicable under this subparagraph with respect to such 
        calendar year'', and
            (3) by striking paragraph (9).
    (b) Conforming Amendment.--Section 315(d) of such Act (52 U.S.C. 
30116(d)), as amended by section 2202, is amended by striking paragraph 
(5).
    (c) Effective Date.--The amendments made by this section shall 
apply to contributions made after the date of the enactment of this 
Act.
    (d) Return of Previously Contributed Amounts.--Not later than 90 
days after the date of the enactment of this Act, each political 
committee established and maintained by a political party shall 
distribute all amounts in accounts described in section 315(a)(9) of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(9)) to 
individuals who made contributions to such accounts. The amount 
distributed to any contributor form any account shall bear the same 
ratio to the amount of contributions made by such contributor to such 
account as the balance of such account on the date of the enactment of 
this Act bears to the total amount of contributions made to such 
account.

SEC. 2405. 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.), as amended by section 1063, is amended 
by inserting after section 405 the following new section:

``SEC. 406. 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. 2406. 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.''.

                       Subtitle E--Effective Date

SEC. 2501. EFFECTIVE DATE.

    Except as otherwise provided in this title, the amendments made by 
this title shall apply with respect to elections occurring after 
January 1, 2018.

                        TITLE III--REDISTRICTING

SEC. 3001. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.

    (a) Short Title.--This title may be cited as the ``John Tanner 
Fairness and Independence in Redistricting Act''.
    (b) Finding.--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.

SEC. 3002. 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 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. 3003. REQUIRING REDISTRICTING TO BE CONDUCTED THROUGH PLAN OF 
              INDEPENDENT STATE COMMISSION OR PLAN OF HIGHEST STATE 
              COURT.

    (a) Use of Plan Required.--
            (1) In general.--Notwithstanding any other provision of 
        law, any Congressional redistricting conducted by a State shall 
        be conducted in accordance with--
                    (A) the redistricting plan developed by the 
                independent redistricting commission established in the 
                State, in accordance with section 3004; or
                    (B) if the plan developed by such commission is not 
                enacted into law, the redistricting plan selected by 
                the highest court in the State or developed by a United 
                States district court, in accordance with section 3005.
            (2) Treatment of commissions established pursuant to laws 
        enacted prior to enactment.--If Congressional redistricting in 
        a State is conducted in accordance with a redistricting plan 
        developed by a commission which was established in the State 
        pursuant to a law enacted prior to the date of the enactment of 
        this title, the redistricting shall be deemed to meet the 
        requirement of subparagraph (A) of paragraph (1).
            (3) Other criteria and procedures permitted.--Nothing in 
        this title or the amendments made by this title may be 
        construed to prohibit a State from conducting Congressional 
        redistricting in accordance with such criteria and procedures 
        as the State considers appropriate, to the extent that such 
        criteria and procedures are consistent with the applicable 
        requirements of this title and the amendments made by this 
        title.
    (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 John Tanner Fairness and Independence in Redistricting 
Act''.

SEC. 3004. INDEPENDENT REDISTRICTING COMMISSION.

    (a) Administrative Matters.--
            (1) Appointment of members.--Each State shall establish an 
        independent redistricting commission composed of--
                    (A) a chair, who shall be appointed by majority 
                vote of the other members of the commission; and
                    (B) an equal number of members (but not fewer than 
                one) from each of the following categories:
                            (i) Members appointed by a member of the 
                        upper house of the State legislature who 
                        represents the political party with the 
                        greatest number of seats in that house.
                            (ii) Members appointed by a member of the 
                        upper house of the State legislature who 
                        represents the political party with the second 
                        greatest number of seats in that house.
                            (iii) Members appointed by a member of the 
                        lower house of the State legislature who 
                        represents the political party with the 
                        greatest number of seats in that house.
                            (iv) Members appointed by a member of the 
                        lower house of the State legislature who 
                        represents the political party with the second 
                        greatest number of seats in that house.
            (2) Special rule for states with unicameral legislature.--
        In the case of a State with a unicameral legislature, the 
        independent redistricting commission established under this 
        subsection shall be composed of--
                    (A) a chair, who shall be appointed by majority 
                vote of the other members of the commission; and
                    (B) an equal number of members (but not fewer than 
                two) from each of the following categories:
                            (i) Members appointed by a member of the 
                        legislature who shall be selected by the chair 
                        of the Government Affairs Committee of the 
                        legislature to represent the State political 
                        party whose candidate for chief executive of 
                        the State received the greatest number of votes 
                        on average in the 3 most recent general 
                        elections for that office.
                            (ii) Members appointed by a member of the 
                        legislature who shall be selected by the chair 
                        of the Government Affairs Committee of the 
                        legislature to represent the State political 
                        party whose candidate for chief executive of 
                        the State received the second greatest number 
                        of votes on average in the 3 most recent 
                        general elections for that office.
            (3) Eligibility.--An individual is eligible to serve as a 
        member of an independent redistricting commission if--
                    (A) as of the date of appointment, the individual 
                is registered to vote in elections for Federal office 
                held in the State, and was registered to vote in the 2 
                most recent general elections for Federal office held 
                in the State;
                    (B) the individual did not hold public office or 
                run as a candidate for election for public office, or 
                serve as an employee of a political party or candidate 
                for election for public office, at any time during the 
                4-year period ending on the December 31 preceding the 
                date of appointment; and
                    (C) the individual certifies that he or she will 
                not run as a candidate for the office of Representative 
                in the Congress until after the next apportionment of 
                Representatives 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).
            (4) Vacancy.--A vacancy in the commission shall be filled 
        in the manner in which the original appointment was made.
            (5) Deadline.--Each State shall establish a commission 
        under this section, and the members of the commission shall 
        appoint the commission's chair, not later than the first 
        February 1 which occurs after the chief executive of a State 
        receives the State apportionment notice.
            (6) Appointment of chair required prior to development of 
        redistricting plan.--The commission may not take any action to 
        develop a redistricting plan for the State under subsection (b) 
        until the appointment of the commission's chair in accordance 
        with paragraph (1)(E).
            (7) Requiring all meetings to be open to public.--The 
        commission shall hold each of its meetings in public.
            (8) Internet site.--As soon as practicable after 
        establishing the commission, the State shall establish and 
        maintain a public Internet site for the commission which meets 
        the following requirements:
                    (A) The site is updated continuously to provide 
                advance notice of commission meetings and to otherwise 
                provide timely information on the activities of the 
                commission.
                    (B) The site contains the most recent available 
                information from the Bureau of the Census on voting-age 
                population, voter registration, and voting in the 
                State, including precinct-level and census tract-level 
                data with respect to such information, as well as 
                detailed maps reflecting such information.
                    (C) The site includes interactive software to 
                enable any individual to design a redistricting plan 
                for the State on the basis of the information described 
                in subparagraph (B), in accordance with the criteria 
                described in subsection (b)(1).
                    (D) The site permits any individual to submit a 
                proposed redistricting plan to the commission, and to 
                submit questions, comments, and other information with 
                respect to the commission's activities.
    (b) 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:
                    (A) Adherence to the ``one person, one vote'' 
                standard and other requirements imposed under the 
                Constitution of the United States.
                    (B) To the greatest extent mathematically possible, 
                ensuring that the population of each Congressional 
                district in the State does not vary from the population 
                of any other Congressional district in the State (as 
                determined on the basis of the total count of persons 
                of the most recent decennial census conducted by the 
                Bureau of the Census).
                    (C) Consistency with any applicable requirements of 
                the Voting Rights Act of 1965 and other Federal laws.
                    (D) To the greatest extent practicable, the 
                maintenance of the geographic continuity of the 
                political subdivisions of the State which are included 
                in the same Congressional district, in the following 
                order of priority:
                            (i) The continuity of counties or parishes.
                            (ii) The continuity of municipalities.
                            (iii) The continuity of neighborhoods (as 
                        determined on the basis of census tracts or 
                        other relevant information).
                    (E) To the greatest extent practicable, maintaining 
                compact districts (in accordance with such standards as 
                the commission may establish).
                    (F) Ensuring that districts are contiguous (except 
                to the extent necessary to include any area which is 
                surrounded by a body of water).
            (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 voting history of the population of a 
                Congressional district, except that the commission may 
                take such history into consideration to the extent 
                necessary to comply with any State law which requires 
                the establishment of competitive Congressional 
                districts.
                    (B) The political party affiliation of the 
                population of a district.
                    (C) The residence of incumbent Members of the House 
                of Representatives in the State.
            (3) Solicitation of public input in development of plans.--
        The commission shall solicit and take into consideration 
        comments from the public in developing the redistricting plan 
        for the State by holding meetings in representative geographic 
        regions of the State at which members of the public may provide 
        such input, and by otherwise soliciting input from the public 
        (including redistricting plans developed by members of the 
        public) through the commission Internet site and other methods.
            (4) Public notice of plans prior to submission to 
        legislature.--Not fewer than 7 days prior to submitting a 
        redistricting plan to the legislature of the State under 
        subsection (c)(1), the commission shall post on the commission 
        Internet site and cause to have published in newspapers of 
        general circulation throughout the State a notice containing 
        the following information:
                    (A) A detailed version of the plan, including a map 
                showing each Congressional district established under 
                the plan and the voting age population by race of each 
                such district.
                    (B) A statement providing specific information on 
                how the adoption of the plan would serve the public 
                interest.
                    (C) Any dissenting statements of any members of the 
                commission who did not approve of the submission of the 
                plan to the legislature.
    (c) Submission of Plans to Legislature.--
            (1) In general.--At any time prior to the first November 1 
        which occurs after the chief executive of the State receives 
        the State apportionment notice, the commission may submit 
        redistricting plans developed by the commission under this 
        section to the legislature of the State.
            (2) Consideration of plan by legislature.--After receiving 
        any redistricting plan under paragraph (1), the legislature of 
        a State may--
                    (A) approve the plan as submitted by the commission 
                without amendment and forward the plan to the chief 
                executive of the State; or
                    (B) reject the plan.
            (3) Enactment of plan.--
                    (A) In general.--A redistricting plan developed by 
                the commission shall be considered to be enacted into 
                law only if the plan is forwarded to the chief 
                executive of the State pursuant to paragraph (2)(A) 
                and--
                            (i) the chief executive approves the plan 
                        as forwarded by the legislature without 
                        amendment; or
                            (ii) the chief executive vetoes the plan 
                        and the legislature overrides the veto in 
                        accordance with the applicable law of the 
                        State, except that at no time may the plan be 
                        amended.
                    (B) Special rule.--In the case of a State in which 
                the chief executive is prohibited under State law from 
                acting on a redistricting plan, a redistricting plan 
                developed by the commission shall be considered to be 
                enacted into law if--
                            (i) the plan is submitted to the 
                        legislature of the State; and
                            (ii) the legislature approves the plan as 
                        submitted by the commission without amendment.
    (d) Requiring Majority Approval for Actions.--The independent 
redistricting commission of a State may not submit a redistricting plan 
to the State legislature, or take any other action, without the 
approval of at least a majority of its members given at a meeting at 
which at least a majority of its members are present.
    (e) Termination.--
            (1) In general.--The independent redistricting commission 
        of a State shall terminate on the day after the date of the 
        first regularly scheduled general election for Federal office 
        which occurs after the chief executive of the State receives 
        the State apportionment notice.
            (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. 3005. SELECTION OF PLAN BY COURTS.

    (a) State Court.--
            (1) Submission and selection of plan.--If a redistricting 
        plan developed by the independent redistricting commission of a 
        State is not enacted into law under section 3004(c)(3) by the 
        first November 1 which occurs after the chief executive of the 
        State receives the State apportionment notice, the commission 
        may submit redistricting plans developed by the commission in 
        accordance with section 3004 to the highest court of the State, 
        which may select and publish one of the submitted plans to 
        serve as the redistricting plan for the State.
            (2) No modification of plan permitted.--The highest court 
        of a State may not modify any redistricting plan submitted 
        under this subsection.
    (b) Federal Court.--
            (1) Failure of state court to select plan.--
                    (A) Notice to court if plan not selected by state 
                court.--If a State court to whom redistricting plans 
                have been submitted under subsection (a) does not 
                select a plan to serve as the redistricting plan for 
                the State under such subsection on or before the first 
                December 1 which occurs after the chief executive of 
                the State receives the State apportionment notice, the 
                State shall file a notice with the United States 
                district court for the district in which the capital of 
                the State is located.
                    (B) Development and selection of plan by federal 
                court.--Not later than 30 days after receiving a notice 
                from a State under subparagraph (A), the court shall 
                develop and publish a final redistricting plan for the 
                State.
            (2) Failure of state to establish commission.--
                    (A) In general.--If a State does not establish an 
                independent redistricting commission under section 3004 
                by the first September 1 which occurs after the chief 
                executive of the State receives the State apportionment 
                notice--
                            (i) the State may not establish the 
                        commission; and
                            (ii) the United States district court for 
                        the district in which the capital of the State 
                        is located shall develop and publish a final 
                        redistricting plan for the State not later than 
                        the first December 1 which occurs after the 
                        chief executive of the State receives the State 
                        apportionment notice.
                    (B) Determination of failure to establish 
                commission.--For purposes of subparagraph (A), a State 
                shall be considered to have failed to establish an 
                independent redistricting commission by the date 
                referred to in such subparagraph if a chair of the 
                commission has not been appointed on or before such 
                date.
            (3) Criteria.--It is the sense of Congress that, in 
        developing a redistricting plan for a State under this 
        subsection, the district court should adhere to the same terms 
        and conditions that applied to the development of the plan of 
        the commission under section 3004(b).
    (c) Access to Information and Records of Commission.--A court which 
is required to select, publish, or develop a redistricting plan for a 
State under this section shall have access to any information, data, 
software, or other records and material used by the independent 
redistricting commission of the State in carrying out its duties under 
this title.

SEC. 3006. 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, sections 3004 and 3005 shall apply with respect to the 
redistricting, except that--
            (1) the deadline for the establishment of the independent 
        redistricting commission and the appointment of the 
        commission's chair (as described in section 3004(a)(5)) shall 
        be the expiration of the 30-day period which begins on the date 
        of the final order of the Federal court to conduct the 
        redistricting;
            (2) the deadline for the submission of redistricting plans 
        to the legislature by the commission, and the date of the 
        termination of the commission (as described in section 
        3004(c)(1) and section 3004(e)) shall be the expiration of the 
        150-day period which begins on the date of the final order of 
        the Federal court to conduct the redistricting;
            (3) the deadline for the selection and publication of the 
        plan by the highest court of the State (as described in section 
        3005(a)) shall be the expiration of the 180-day period which 
        begins on the date of the final order of the Federal court to 
        conduct the redistricting; and
            (4) the deadline for the selection and publication of the 
        plan by the district court of the United States (as described 
        in section 3005(b)) shall be the expiration of the 210-day 
        period which begins on the date of the final order of the 
        Federal court to conduct the redistricting.

SEC. 3007. 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 Establishment of Commission 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 State has established an independent redistricting commission, 
and that a chair of the commission has been appointed, in accordance 
with section 3004.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary for payments under this 
section.

SEC. 3008. 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(b)), of the number of 
Representatives to which the State is entitled.

SEC. 3009. 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. 3010. EFFECTIVE DATE.

    This title and the amendments made by this title shall apply with 
respect to any Congressional redistricting which occurs after the 
regular decennial census conducted during 2020.

                    TITLE IV--SAME DAY REGISTRATION

SEC. 4001. SHORT TITLE.

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

SEC. 4002. SAME DAY REGISTRATION.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 21081 et seq.) is amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306, respectively; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. 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 304''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306, respectively; and
            (2) by inserting after the item relating to section 303 the 
        following new item:

``Sec. 304. Same day registration.''.

                         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.
                                 <all>