Title: Empower Act of 2017
Policy area: Government Operations and Politics

Summary:
Empower Act of 2017
This bill modifies the system for the public financing of presidential elections, including by (1) providing for 600% matching funds for campaign contributions that are smaller contributions; and (2) requiring a candidate, as a condition of eligibility for public financing, to agree not to accept certain bundled contributions or contributions of more than $1,000 from any person. The bill also modifies other election-related provisions, such as by expanding disclosure requirements related to certain bundled contributions made to presidential campaigns.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1929 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1929

  To amend the Internal Revenue Code of 1986 to reform the system of 
  public financing for Presidential elections, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 5, 2017

   Mr. Udall introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
  To amend the Internal Revenue Code of 1986 to reform the system of 
  public financing for Presidential elections, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Empower Act of 
2017''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                       TITLE I--PRIMARY ELECTIONS

Sec. 1001. Increase in and modifications to matching payments.
Sec. 1002. Eligibility requirements for matching payments.
Sec. 1003. Repeal of expenditure limitations.
Sec. 1004. Period of availability of matching payments.
Sec. 1005. Examination and audits of matchable contributions.
Sec. 1006. Modification to limitation on contributions for Presidential 
                            primary candidates.
                      TITLE II--GENERAL ELECTIONS

Sec. 2001. Modification of eligibility requirements for public 
                            financing.
Sec. 2002. Repeal of expenditure limitations and use of qualified 
                            campaign contributions.
Sec. 2003. Matching payments and other modifications to payment 
                            amounts.
Sec. 2004. Increase in limit on coordinated party expenditures.
Sec. 2005. Establishment of uniform date for release of payments.
Sec. 2006. Amounts in Presidential Election Campaign Fund.
Sec. 2007. Use of general election payments for general election legal 
                            and accounting compliance.
               TITLE III--OTHER CAMPAIGN FINANCE REFORMS

Sec. 3001. Regulations with respect to best efforts for identifying 
                            persons making contributions.
Sec. 3002. Rules relating to joint fundraising committees.
Sec. 3003. Disclosure of bundled contributions to Presidential 
                            campaigns; increase in threshold for 
                            bundled contributions by lobbyists.
Sec. 3004. Repeal of special contribution limits for contributions to 
                            national parties for certain purposes.
Sec. 3005. Judicial review of actions related to campaign finance laws.
Sec. 3006. Treatment of internet communications made by political 
                            committees as public communications.
Sec. 3007. Application of limitations on contributions to political 
                            committees making only independent 
                            expenditures.

                       TITLE I--PRIMARY ELECTIONS

SEC. 1001. 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. 1002. 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 1001(a)(3)(A) is amended by inserting ``or 
                9033(b)'' after ``9034''.
    (c) Ban on Acceptance of Bundled Contributions.--Section 9033(b) of 
such Code, as amended by subsection (b), is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``, and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) the candidate and the authorized committee of the 
        candidate will not accept any bundled contribution (as defined 
        in section 304(i)(8) of the Federal Election Campaign Act of 
        1971) forwarded by or credited to a person described in section 
        304(i)(7) of such Act.''.
    (d) Participation in System for Payments for General Election.--
Section 9033(b) of such Code, as amended by subsection (c), is 
amended--
            (1) by striking ``and'' at the end of paragraph (4);
            (2) by striking the period at the end of paragraph (5) and 
        inserting ``, and''; and
            (3) by adding at the end the following new paragraph:
            ``(6) if the candidate is nominated by a political party 
        for election to the office of President, the candidate will 
        apply for and accept payments with respect to the general 
        election for such office in accordance with chapter 95.''.

SEC. 1003. 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. 1004. 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. 1005. 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. 1006. 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''.

                      TITLE II--GENERAL ELECTIONS

SEC. 2001. MODIFICATION OF ELIGIBILITY REQUIREMENTS FOR PUBLIC 
              FINANCING.

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

SEC. 2002. 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. 2003. 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 2002, 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. 2004. 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 2002(c)(1)(B), is amended--
                    (A) in subparagraph (B), by striking ``(d)'' and 
                inserting ``(d)(3)''; and
                    (B) by inserting at the end the following new 
                subparagraph:
    ``(D) In any calendar year after 2018--
            ``(i) the dollar amount in subsection (d)(2) shall be 
        increased by the percent difference determined under 
        subparagraph (A);
            ``(ii) the amount so increased shall remain in effect for 
        the calendar year; and
            ``(iii) if the amount after adjustment under clause (i) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.''.
            (2) Base year.--Section 315(c)(2)(B) of such Act (52 U.S.C. 
        30116(c)(2)(B)), as amended by section 2002(c)(1)(B), is 
        amended--
                    (A) in clause (i)--
                            (i) by striking ``(d)'' and inserting 
                        ``(d)(3)''; and
                            (ii) by striking ``and'' at the end;
                    (B) in clause (ii), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new clause:
                    ``(iii) for purposes of subsection (d)(2), calendar 
                year 2017.''.

SEC. 2005. 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. 2006. 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. 2007. 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.''.

               TITLE III--OTHER CAMPAIGN FINANCE REFORMS

SEC. 3001. 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. 3002. 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. 3003. DISCLOSURE OF BUNDLED CONTRIBUTIONS TO PRESIDENTIAL 
              CAMPAIGNS; INCREASE IN THRESHOLD FOR BUNDLED 
              CONTRIBUTIONS BY LOBBYISTS.

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

SEC. 3004. 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 3002, 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. 3005. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN FINANCE LAWS.

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

``SEC. 407. JUDICIAL REVIEW.

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

``SEC. 9011. JUDICIAL REVIEW.

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

``SEC. 9041. JUDICIAL REVIEW.

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

SEC. 3006. TREATMENT OF INTERNET COMMUNICATIONS MADE BY POLITICAL 
              COMMITTEES AS PUBLIC COMMUNICATIONS.

    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.''.

SEC. 3007. APPLICATION OF LIMITATIONS ON CONTRIBUTIONS TO POLITICAL 
              COMMITTEES MAKING ONLY INDEPENDENT EXPENDITURES.

    Section 315(a)(1) of the Federal Election Campaign Act of 1974 (52 
U.S.C. 30116(a)(1)) is amended by striking subparagraph (C) and 
inserting the following:
                    ``(C) to any other political committee (other than 
                a committee described in subparagraph (D)), including 
                to a political committee (or to an account of a 
                political committee) that makes only independent 
                expenditures, in any calendar year which, in the 
                aggregate, exceed $5,000; or''.
                                 <all>