I 115th CONGRESS 1st Session H. R. 3537 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.

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. I Increasing transparency 1001. Short title This title may be cited as the We the People Act of 2017 . A Campaign disclosure and transparency reform I Disclosure 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 . 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: 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 . 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. 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: 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. . 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. 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. II Candidate-Super PAC coordination 1021. Short title This part may be cited as the Stop Super PAC–Candidate Coordination Act . 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: 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. 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. III Real-Time Transparency 1031. Short title This part may be cited as the Real Time Transparency Act . 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). 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. IV Establishment of Federal Election Administration 1041. Short title This part may be cited as the Federal Election Administration Act of 2017 . A Federal election administration 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: B Administrative Provisions 1 ESTABLISHMENT OF THE FEDERAL ELECTION ADMINISTRATION 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. 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 ½ 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. 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. 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. 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.). 2 OPERATION OF THE FEDERAL ELECTION ADMINISTRATION 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. 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. 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. 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. 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. 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. 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. 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. 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. 3 ENFORCEMENT 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. . 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. . 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. 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. 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: A General Provisions . B Transition provisions 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). 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. 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. 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 . 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. 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). B Lobbying reform 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. . C Revolving door reform 1201. Short title This subtitle may be cited as the Financial Services Conflict of Interest Act . 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. . 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: VI Special requirements for financial services regulators 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. 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. 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. 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. 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. . 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: 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. 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 . 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. D Disclosure of Visitor Access Records 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 . 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. 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. E Presidential Conflicts of Interest 1401. Short title This subtitle may be cited as the Presidential Conflicts of Interest Act of 2017 . 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. 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). . 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. . 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: 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. 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. 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. II Public financing 2001. Short title This title may be cited as the Empowering Citizens Act . A Reform of Presidential election financing 1 Primary elections 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. . 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. . 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, . 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 . 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 . 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 . 2 General elections 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. . 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. . 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. . 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. . 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 . 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. 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. . B Public financing for congressional election campaigns 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: V Public financing of congressional election campaigns A Benefits 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. 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. 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). B Eligibility and certification 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. 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. 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. C Requirements for Candidates Certified as Participating Candidates 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). 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). D Administrative provisions 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. 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. 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). . 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. . 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. . C Use of Presidential Election Campaign Fund for public financing of Federal elections 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: 97 Empowering citizens payment account Sec. 9051. Payments to Congressional candidates. 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. . 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. 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. D Other Campaign Finance Reforms 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. 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. 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. 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. 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: 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: 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: 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. 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. . E Effective date 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. III Redistricting 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. 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.). . 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 . 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. 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. 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. 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. 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. 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. 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. IV Same Day Registration 4001. Short title This title may be cited as the Same Day Registration Act of 2017 . 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: 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. . V Severability 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.