First Amendment Protection Act
This bill makes various changes related to campaign finance.
Specifically, the bill repeals limits on coordinated party expenditures. It also provides statutory authority for the Supreme Court's holding in McCutcheon v. FEC, which invalidated limits on aggregate contributions by individuals.
Additionally, the bill
The bill prohibits the Securities and Exchange Commission from finalizing, issuing, or implementing any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax-exempt organizations, or dues paid to trade associations.
The bill also makes changes to the Federal Election Commission (FEC), including by (1) allowing the FEC to refuse to defend an action brought against the FEC pursuant to the unanimous vote of its members, and (2) increasing the annual rate of member pay.
Further, the bill (1) permanently extends the statutory authorization for the FEC's Administrative Fine Program, and (2) establishes a five-year statute of limitations for all proceedings to enforce the Federal Election Campaign Act of 1971.
The FEC must, within 120 days, publish proposed regulations to carry out this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4472 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4472
To promote election integrity, voter confidence, and faith in elections
by protecting political speech, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 6, 2023
Mr. Armstrong introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committees on
Ways and Means, Financial Services, and Oversight and Accountability,
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 promote election integrity, voter confidence, and faith in elections
by protecting political speech, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``First Amendment Protection Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of Contents.
TITLE I--PROTECTING POLITICAL SPEECH
Sec. 101. Findings.
Sec. 102. Repeal of limits on coordinated political party expenditures.
Sec. 103. Repeal of limit on aggregate contributions by individuals.
Sec. 104. Equalization of contribution limits to State and national
political party committees.
Sec. 105. Expansion of permissible Federal election activity by State
and local political parties.
Sec. 106. Participation in joint fundraising activities by multiple
political committees.
Sec. 107. Protecting privacy of donors to tax-exempt organizations.
Sec. 108. Reporting requirements for tax-exempt organizations.
Sec. 109. Maintenance of standards for determining eligibility of
section 501(c)(4) organizations.
TITLE II--PROHIBITION ON USE OF FEDERAL FUNDS FOR CONGRESSIONAL
CAMPAIGNS
Sec. 111. Prohibiting use of Federal funds for payments in support of
congressional campaigns.
TITLE III--REGISTRATION AND REPORTING REQUIREMENTS
Sec. 121. Electronic filing of electioneering communication reports.
Sec. 122. Increased qualifying threshold and establishing purpose for
political committees.
Sec. 123. Increased threshold with respect to independent expenditure
reporting requirement.
Sec. 124. Increased qualifying threshold with respect to candidates.
Sec. 125. Repeal requirement of persons making independent expenditures
to report identification of certain donors.
TITLE IV--EXCLUSION OF CERTAIN AMOUNTS FROM TREATMENT AS CONTRIBUTIONS
OR EXPENDITURES
Sec. 131. Increased threshold for exemption of certain amounts as
contributions.
Sec. 132. Exemption of uncompensated internet communications from
treatment as contribution or expenditure.
Sec. 133. Media exemption.
TITLE V--PROHIBITION ON ISSUANCE OF REGULATIONS ON POLITICAL
CONTRIBUTIONS
Sec. 141. Prohibition on issuance of regulations on Political
Contributions.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 151. Permanent extension of fines for qualified disclosure
requirement violations.
Sec. 152. Permitting political committees to make disbursements by
methods other than check.
Sec. 153. Designation of individual authorized to make campaign
committee disbursements in event of death
of candidate.
Sec. 154. Prohibiting aiding or abetting making of contributions in
name of another.
Sec. 155. Unanimous consent of Commission members required for
Commission to refuse to defend actions
brought against Commission.
Sec. 156. Federal Election Commission member pay.
Sec. 157. Uniform statute of limitations for proceedings to enforce
Federal Election Campaign Act of 1971.
Sec. 158. Repeal of obsolete provisions of law.
Sec. 159. Deadline for promulgation of proposed regulations.
TITLE I--PROTECTING POLITICAL SPEECH
SEC. 101. FINDINGS.
Congress finds the following:
(1) The structure of the Constitution and its amendments
represents the radical idea that any sovereign power exercised
by the Federal Government flows either directly from the people
or through the States they established to govern themselves. In
the words of the Ninth and Tenth Amendments, ``[t]he
enumeration in the Constitution, of certain rights, shall not
be construed to deny or disparage others retained by the
people.'' ``The powers not delegated to the United States by
the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people.''.
(2) Among the many freedoms it protects, the First
Amendment prevents Congress from making any law abridging the
freedom of speech, the right of the people peaceably to
assemble, or the right of the people to petition the Government
for the redress of grievances.
(3) Any proposed Federal action concerning freedom of
speech, protest, or petition must start with an analysis of the
First Amendment. Congress must ask whether the proposed action
would abridge these freedoms, and any uncertainty must be
determined in favor of fewer restrictions on speech.
(4) In particular, political speech, uttered in the
furtherance of self-government, must raise an even higher bar
to congressional abridgement. The mechanisms and media used to
offer political speech must realize the same protections.
(5) As the Supreme Court has recognized, the Constitution
grants Congress only a very narrow interest in the regulation
of political speech, the prevention of corruption or the
appearance of corruption.
(6) In order to uphold and effectuate the Constitution, any
Federal statute that goes beyond this interest must be
repealed, and Congress must exercise its article 1 authorities
to do so.
SEC. 102. REPEAL OF LIMITS ON COORDINATED POLITICAL PARTY EXPENDITURES.
(a) Repeal of Limits.--Section 315(d) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30116(d)) is amended--
(1) in paragraph (1)--
(A) by striking ``may make expenditures'' and
inserting ``may make expenditures, including
coordinated expenditures,''; and
(B) by striking ``Federal office, subject to the
limitations contained in paragraphs (2), (3), and (4)
of this subsection'' and inserting ``Federal office in
any amount''; and
(2) by striking paragraphs (2), (3), (4), and (5).
(b) Clarifying Treatment of Certain Party Communications as
Coordinated Expenditures.--Section 315(d) of such Act (52 U.S.C.
30116(d)), as amended by subsection (a), is amended by adding at the
end the following new paragraph:
``(2) For purposes of this subsection, if a public communication
paid for by a committee of a political party or its agent refers to a
clearly identified House or Senate candidate and is publicly
distributed or otherwise publicly disseminated in the clearly
identified candidate's jurisdiction, the communication shall be treated
as a coordinated expenditure in connection with the campaign of a
candidate for purposes of this subsection.''.
(c) Conforming Amendment Relating to Indexing.--Section 315(c) of
such Act (52 U.S.C. 30116(c)) is amended--
(1) in paragraph (1)(B)(i), by striking ``(d),''; and
(2) in paragraph (2)(B)(i), by striking ``subsections (b)
and (d)'' and inserting ``subsection (b)''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 103. REPEAL OF LIMIT ON AGGREGATE CONTRIBUTIONS BY INDIVIDUALS.
(a) Findings.--Congress finds that the Supreme Court of the United
States in McCutcheon v. FEC, 572 U.S. 185 (2014) determined the
biennial aggregate limits under section 315(a)(3) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30116(a)(3)) to be
unconstitutional.
(b) Repeal.--Section 315(a) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30116(a)) is amended by striking paragraph (3).
(c) Conforming Amendments.--Section 315(c) of such Act (52 U.S.C.
30116(c)) is amended by striking ``(a)(3),'' each place it appears in
paragraph (1)(B)(i), (1)(C), and (2)(B)(ii).
SEC. 104. EQUALIZATION OF CONTRIBUTION LIMITS TO STATE AND NATIONAL
POLITICAL PARTY COMMITTEES.
(a) In General.--Section 315(a)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30116(a)(1)) is amended--
(1) in subparagraph (B), by striking ``a national political
party'' and inserting ``a national or State political party'';
(2) by adding ``or'' at the end of subparagraph (B);
(3) in subparagraph (C), by striking ``; or'' and inserting
a period; and
(4) by striking subparagraph (D).
(b) Contributions by Multicandidate Political Committees.--
(1) In general.--Section 315(a)(2)(B) of such Act (52
U.S.C. 30116(a)(2)(B)) is amended by striking ``a national
political party'' and inserting ``a national or State political
party''.
(2) Price index adjustment.--Section 315(c) of such Act (52
U.S.C. 30116(c)) is amended--
(A) in paragraph (1), by adding at the end the
following new subparagraph:
``(D) In any calendar year after 2022--
``(i) a threshold established by subsection (a)(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(B) in paragraph (2)(B)--
(i) in clause (i), by striking ``and'' at
the end;
(ii) in clause (ii), by striking the period
at the end and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for purposes of subsection (a)(2), calendar
year 2023.''.
(c) Acceptance of Additional Amounts for Certain Accounts.--
(1) Permitting acceptance of additional amounts in same
manner as national parties.--Section 315(a) of such Act (52
U.S.C. 30116(a)) is amended--
(A) in paragraph (1)(B), by striking ``paragraph
(9)'' and inserting ``paragraph (9) or paragraph
(10)''; and
(B) in paragraph (2)(B), by striking ``paragraph
(9)'' and inserting ``paragraph (9) or paragraph
(10)''.
(2) Accounts.--Section 315(a)(9) of such Act (52 U.S.C.
30116(a)(9)) is amended by striking ``national committee of a
political party'' each place it appears in subparagraphs (A),
(B), and (C) and inserting ``committee of a national or State
political party''.
(3) State party convention accounts described.--Section
315(a) of such Act (52 U.S.C. 30116(a)) is amended by adding at
the end the following new paragraph:
``(10) An account described in this paragraph is a separate,
segregated account of a political committee established and maintained
by a State committee of a political party which is used solely to
defray--
``(A) expenses incurred with respect to carrying out State
party nominating activities or other party-building
conventions;
``(B) expenses incurred with respect to providing for the
attendance of delegates at a presidential nominating
convention, but only to the extent that such expenses are not
paid for from the account described in paragraph (9)(A); or
``(C) expenses incurred with respect to carrying out local,
county, or district conventions or proceedings to elect
delegates to a State party convention.''.
(d) Clarification of Indexing of Amounts To Ensure Equalization of
Party Contribution Limits.--For purposes of applying section 315(c) of
such Act (52 U.S.C. 30116(c)) to limits on the amount of contributions
to political committees established and maintained by a State political
party, the amendments made by this section shall be considered to have
been included in section 307 of the Bipartisan Campaign Reform Act of
2002 (Public Law 107-55; 116 Stat. 102).
(e) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 105. EXPANSION OF PERMISSIBLE FEDERAL ELECTION ACTIVITY BY STATE
AND LOCAL POLITICAL PARTIES.
(a) Expansion of Permissible Use of Funds Not Subject to
Contribution Limits or Source Prohibitions by State and Local Political
Parties for Federal Election Activity.--Section 323(b)(2) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30125(b)(2)) is
amended to read as follows:
``(2) Applicability.--Notwithstanding section 301(20), for
purposes of paragraph (1), an amount that is expended or
disbursed by a State, district, or local committee of a
political party shall be considered to be expended or disbursed
for Federal election activity only if the committee coordinated
the expenditure or disbursement of the amount with a candidate
for election for Federal office or an authorized committee of a
candidate for election for Federal office.''.
(b) Conforming Amendments.--
(1) Fundraising costs.--Section 323(c) of such Act (52
U.S.C. 30125(c)) is amended by adding at the end the following
new sentence: ``In the case of a person described in subsection
(b), the previous sentence applies only if the amount was spent
by such person in coordination with a candidate for election
for Federal office or an authorized committee of a candidate
for election for Federal office, as determined pursuant to
regulations promulgated by the Commission for the purpose of
determining whether a political party communication is
coordinated with a candidate, a candidate's authorized
committee, or an agent thereof.''.
(2) Appearance of federal candidates or officeholders at
fundraising events.--Section 323(e)(3) of such Act (52 U.S.C.
30125(e)(3)) is amended by striking ``subsection (b)(2)(C)''
and inserting ``subsection (b)''.
SEC. 106. PARTICIPATION IN JOINT FUNDRAISING ACTIVITIES BY MULTIPLE
POLITICAL COMMITTEES.
(a) Findings.--Congress finds the following:
(1) While Federal law permits the Federal Election
Commission to engage in certain ``gap-filling'' activities as
it administers the Federal Election Campaign Act of 1971, the
regulations promulgated by the Federal Election Commission to
govern joint fundraising activities of multiple political
committees are not tied specifically to any particular
provision of the Act, and while these regulations generally
duplicate the provisions of the Act, they also impose
additional and unnecessary burdens on political committees
which seek to engage in joint fundraising activities, such as a
requirement for written agreements between the participating
committees.
(2) It is therefore not necessary at this time to direct
the Federal Election Commission to repeal the existing
regulations which govern joint fundraising activities of
multiple political committees, as some political committees may
have reasons for following the provisions of such regulations
which impose additional and unnecessary burdens on these
activities.
(b) Criteria for Participation in Joint Fundraising Activities.--
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) Criteria for Participation in Joint Fundraising Activities by
Multiple Political Committees.--
``(1) Criteria described.--Two or more political committees
as defined in this Act may participate in joint fundraising
activities in accordance with the following criteria:
``(A) The costs of the activities shall be
allocated among and paid for by the participating
committees on the basis of the allocation among the
participating committees of the contributions received
as a result of the activities.
``(B) Notwithstanding subparagraph (A), a
participating committee may make a payment (in whole or
in part) for the portion of the costs of the activities
which is allocated to another participating committee,
and the amount of any such payment shall be treated as
a contribution made by the committee to the other
participating committee.
``(C) The provisions of section 315(a)(8) regarding
the treatment of contributions to a candidate which are
earmarked or otherwise directed through an intermediary
or conduit shall apply to contributions made by a
person to a participating committee which are allocated
by the committee to another participating committee.
``(2) Rule of construction.--Nothing in this subsection may
be construed to prohibit two or more political committees from
participating in joint fundraising activities by designating or
establishing a separate, joint committee subject to the
registration and reporting requirements of this Act or by
publishing a joint fundraising notice.''.
SEC. 107. PROTECTING PRIVACY OF DONORS TO TAX-EXEMPT ORGANIZATIONS.
(a) Short Title.--This section may be cited as the ``Speech Privacy
Act of 2023''.
(b) Restrictions on Collection of Donor Information.--
(1) Restrictions.--An entity of the Federal Government may
not collect or require the submission of information on the
identification of any donor to a tax-exempt organization.
(2) Exceptions.--Paragraph (1) does not apply to the
following:
(A) The Internal Revenue Service, acting lawfully
pursuant to section 6033 of the Internal Revenue Code
of 1986 or any successor provision.
(B) The Secretary of the Senate and the Clerk of
the House of Representatives, acting lawfully pursuant
to section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1604).
(C) The Federal Election Commission, acting
lawfully pursuant to section 510 of title 36, United
States Code.
(D) An entity acting pursuant to a lawful order of
a court or administrative body which has the authority
under law to direct the entity to collect or require
the submission of the information, but only to the
extent permitted by the lawful order of such court or
administrative body.
(c) Restrictions on Release of Donor Information.--
(1) Restrictions.--An entity of the Federal Government may
not disclose to the public information revealing the
identification of any donor to a tax-exempt organization.
(2) Exceptions.--Paragraph (1) does not apply to the
following:
(A) The Internal Revenue Service, acting lawfully
pursuant to section 6104 of the Internal Revenue Code
of 1986 or any successor provision.
(B) The Secretary of the Senate and the Clerk of
the House of Representatives, acting lawfully pursuant
to section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1604).
(C) The Federal Election Commission, acting
lawfully pursuant to section 510 of title 36, United
States Code.
(D) An entity acting pursuant to a lawful order of
a court or administrative body which has the authority
under law to direct the entity to disclose the
information, but only to the extent permitted by the
lawful order of such court or administrative body.
(E) An entity which discloses the information as
authorized by the organization.
(d) Tax-Exempt Organization Defined.--In this section, a ``tax-
exempt organization'' means an organization which is described in
section 501(c) of the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code. Nothing in this subsection
may be construed to treat a political organization under section 527 of
such Code as a tax-exempt organization for purposes of this section.
(e) Penalties.--It shall be unlawful for any officer or employee of
the United States, or any former officer or employee, willfully to
disclose to any person, except as authorized in this section, any
information revealing the identification of any donor to a tax-exempt
organization. Any violation of this section shall be a felony
punishable upon conviction by a fine in any amount not exceeding
$250,000, or imprisonment of not more than 5 years, or both, together
with the costs of prosecution, and if such offense is committed by any
officer or employee of the United States, he shall, in addition to any
other punishment, be dismissed from office or discharged from
employment upon conviction for such offense.
SEC. 108. REPORTING REQUIREMENTS FOR TAX-EXEMPT ORGANIZATIONS.
(a) Short Title.--This section may be cited as the ``Don't
Weaponize the IRS Act''.
(b) Organizations Exempt From Reporting.--
(1) Gross receipts threshold.--Clause (ii) of section
6033(a)(3)(A) of the Internal Revenue Code of 1986 is amended
by striking ``$5,000'' and inserting ``$50,000''.
(2) Organizations described.--Subparagraph (C) of section
6033(a)(3) of the Internal Revenue Code of 1986 is amended--
(A) by striking ``and'' at the end of clause (v),
(B) by striking the period at the end of clause
(vi) and inserting a semicolon, and
(C) by adding at the end the following new clauses:
``(vii) any other organization described in
section 501(c) (other than a private foundation
or a supporting organization described in
section 509(a)(3)); and
``(viii) any organization (other than a
private foundation or a supporting organization
described in section 509(a)(3)) which is not
described in section 170(c)(2)(A), or which is
created or organized in a possession of the
United States, which has no significant
activity (including lobbying and political
activity and the operation of a trade or
business) other than investment activity in the
United States.''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
(c) Clarification of Application to Section 527 Organizations.--
(1) In general.--Paragraph (1) of section 6033(g) of the
Internal Revenue Code of 1986 is amended--
(A) by striking ``This section'' and inserting
``Except as otherwise provided by this subsection, this
section'', and
(B) by striking ``for the taxable year.'' and
inserting ``for the taxable year in the same manner as
to an organization exempt from taxation under section
501(a).''.
(2) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
(d) Reporting of Names and Addresses of Contributors.--
(1) In general.--Paragraph (1) of section 6033(a) of the
Internal Revenue Code of 1986 is amended by adding at the end
the following: ``Except as provided in subsections (b)(5) and
(g)(2)(B), such annual return shall not be required to include
the names and addresses of contributors to the organization.''.
(2) Application to section 527 organizations.--Paragraph
(2) of section 6033(g) of the Internal Revenue Code of 1986 is
amended--
(A) by striking ``and'' at the end of subparagraph
(A),
(B) by redesignating subparagraph (B) as
subparagraph (C), and
(C) by inserting after subparagraph (A) the
following new subparagraph:
``(B) containing the names and addresses of all
substantial contributors, and''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years ending after the date of the
enactment of this Act.
SEC. 109. MAINTENANCE OF STANDARDS FOR DETERMINING ELIGIBILITY OF
SECTION 501(C)(4) ORGANIZATIONS.
(a) In General.--The Department of the Treasury, including the
Internal Revenue Service, may not issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to determine
whether an organization is operated exclusively for the promotion of
social welfare for purposes of section 501(c)(4) of the Internal
Revenue Code of 1986 (including the proposed regulations published at
78 Fed. Reg. 71535 (November 29, 2013)).
(b) Application of Current Standards and Definitions.--The standard
and definitions as in effect on January 1, 2010, which are used to make
determinations described in subsection (a) shall apply after the date
of the enactment of this Act for purposes of determining status under
section 501(c)(4) of such Code of organizations created on, before, or
after such date.
TITLE II--PROHIBITION ON USE OF FEDERAL FUNDS FOR CONGRESSIONAL
CAMPAIGNS
SEC. 111. PROHIBITING USE OF FEDERAL FUNDS FOR PAYMENTS IN SUPPORT OF
CONGRESSIONAL CAMPAIGNS.
No Federal funds, including amounts attributable to the collection
of fines and penalties, may be used to make any payment in support of a
campaign for election for the office of Senator or Representative in,
or Delegate or Resident Commissioner to, the Congress.
TITLE III--REGISTRATION AND REPORTING REQUIREMENTS
SEC. 121. ELECTRONIC FILING OF ELECTIONEERING COMMUNICATION REPORTS.
Section 304(a)(11)(A)(i) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30104(a)(11)(A)(i)) is amended by inserting ``or makes,
or has reason to expect to make, electioneering communications'' after
``expenditures''.
SEC. 122. INCREASED QUALIFYING THRESHOLD AND ESTABLISHING PURPOSE FOR
POLITICAL COMMITTEES.
(a) In General.--Section 301(4) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101(4)) is amended to read as follows:
``(4) The term `political committee' means--
``(A) any committee, club, association, or other
group of persons, including any local committee of a
political party, which receives contributions
aggregating in excess of $25,000 during a calendar year
or which makes expenditures aggregating in excess of
$25,000 during a calendar year and which is under the
control of a candidate or has the major purpose of
nominating or electing a candidate; or
``(B) any separate segregated fund established
under the provisions of section 316(b).''.
(b) Definition.--Section 301 of such Act (52 U.S.C. 30101) is
amended by adding at the end the following new paragraph:
``(27) Major purpose of nominating or electing a
candidate.--The term `major purpose of nominating or electing a
candidate' means, with respect to a group of persons described
in paragraph (4)(A)--
``(A) a group whose central organizational purpose
is to expressly advocate for the nomination, election,
or defeat of a candidate; or
``(B) a group for which the majority of its
spending throughout its lifetime of existence has been
on contributions, expenditures, or independent
expenditures.''.
(c) Price Index Adjustment for Political Committee Threshold.--
Section 315(c) of such Act (52 U.S.C. 30116(c)), as amended by section
104(b), is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(E) In any calendar year after 2023--
``(i) a threshold established by section 301(4)(A) or
301(4)(C) shall be increased by the percent difference
determined under subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (ii), by striking ``and'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(iv) for purposes of sections 301(4)(A) and
301(4)(C), calendar year 2023.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 123. INCREASED THRESHOLD WITH RESPECT TO INDEPENDENT EXPENDITURE
REPORTING REQUIREMENT.
(a) In General.--Section 304(c)(1) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30104(c)(1)) is amended by striking ``$250'' and
inserting ``$1,000''.
(b) Price Index Adjustment for Independent Expenditure Reporting
Threshold.--Section 315(c) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30116(c)), as amended by sections 104(b) and 122(c), is
amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(F) In any calendar year after 2023--
``(i) a threshold established by section 304(c)(1) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) each amount so increased shall remain in effect for
the calendar year; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (iii), by striking ``and'' at the
end;
(B) in clause (iv), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(v) for purposes of section 304(c)(1), calendar
year 2023.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 124. INCREASED QUALIFYING THRESHOLD WITH RESPECT TO CANDIDATES.
(a) Increase in Threshold.--Section 301(2) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101(2)) is amended by striking
``$5,000'' each place it appears and inserting ``$10,000''.
(b) Price Index Adjustment for Exemption of Certain Amounts as
Contributions.--Section 315(c) of such Act (52 U.S.C. 30116(c)), as
amended by sections 104(b), 122(c), and 123(b), is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(G) In any calendar year after 2023--
``(i) a threshold established by sections 301(2) shall be
increased by the percent difference determined under
subparagraph (A);
``(ii) each amount so increased shall remain for the 2-year
period that begins on the first day following the date of the
general election in the year preceding the year in which the
amount is increased and ending on the date of the next general
election; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (iv), by striking ``and'' at the end;
(B) in clause (v), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vi) for purposes of sections 301(2), calendar
year 2023.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 125. REPEAL REQUIREMENT OF PERSONS MAKING INDEPENDENT EXPENDITURES
TO REPORT IDENTIFICATION OF CERTAIN DONORS.
(a) Repeal.--Section 304(c)(2) of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30104(c)(2)) is amended--
(1) in subparagraph (A), by adding ``and'' at the end;
(2) in subparagraph (B), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (C).
(b) Conforming Amendment.--Section 304(c)(1) of such Act (52 U.S.C.
30104(c)(1)) is amended by striking ``the information required under
subsection (b)(3)(A) for all contributions received by such person''
and inserting ``the information required under paragraph (2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to independent expenditures made on or after the
date of the enactment of this Act.
TITLE IV--EXCLUSION OF CERTAIN AMOUNTS FROM TREATMENT AS CONTRIBUTIONS
OR EXPENDITURES
SEC. 131. INCREASED THRESHOLD FOR EXEMPTION OF CERTAIN AMOUNTS AS
CONTRIBUTIONS.
(a) Real or Personal Property Exemption.--Section 301(8)(B)(ii) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(ii))
is amended--
(1) by striking ``$1,000'' and inserting ``$2,000''; and
(2) by striking ``$2,000'' and inserting ``$4,000''.
(b) Travel Expenses Exemption.--Section 301(8)(B)(iv) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(B)(iv)) is
amended--
(1) by striking ``$1,000'' and inserting ``$2,000''; and
(2) by striking ``$2,000'' and inserting ``$4,000''.
(c) Price Index Adjustment for Exemption of Certain Amounts as
Contributions.--Section 315(c) of such Act (52 U.S.C. 30116(c)), as
amended by sections 104(b), 122(c), 123(b), and 124(b) is amended--
(1) in paragraph (1), by adding at the end the following
new subparagraph:
``(H) In any calendar year after 2023--
``(i) the exemption amounts established by section
301(8)(B)(ii) or 301(8)(B)(iv) shall be increased by the
percent difference determined under subparagraph (A);
``(ii) each amount so increased shall remain for the 2-year
period that begins on the first day following the date of the
general election in the year preceding the year in which the
amount is increased and ending on the date of the next general
election; and
``(iii) if any amount after adjustment under clause (i) is
not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.''; and
(2) in paragraph (2)(B)--
(A) in clause (v), by striking ``and'' at the end;
(B) in clause (vi), by striking the period at the
end and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(vii) for purposes of section 301(8)(B)(ii) or
301(8)(B)(iv), calendar year 2023.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 132. EXEMPTION OF UNCOMPENSATED INTERNET COMMUNICATIONS FROM
TREATMENT AS CONTRIBUTION OR EXPENDITURE.
(a) Exemptions.--
(1) Exemption from treatment as contribution.--Section
301(8)(B) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101(8)(B)) is amended--
(A) by striking ``and'' at the end of clause
(xiii);
(B) by striking the period at the end of clause
(xiv) and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xv) any payment by any person in producing and
disseminating any information or communication on the internet,
internet platform or other internet-enabled application, unless
the information or communication is disseminated for a fee on
another person's website, platform or other internet-enabled
application, whether coordinated or not.''.
(2) Exemption from treatment as expenditure.--Section
301(9)(B) of such Act (52 U.S.C. 30101(9)(B)) is amended--
(A) by striking ``and'' at the end of clause (ix);
(B) by striking the period at the end of clause (x)
and inserting ``; and''; and
(C) by adding at the end the following new clause:
``(xi) any cost incurred by any person in producing and
disseminating any information or communication on the internet,
internet platform or other internet-enabled application, unless
the information or communication is disseminated for a fee on
another person's website, platform or other internet-enabled
application.''.
(b) Application to Definition of Public Communications.--Section
301(22) of such Act (52 U.S.C. 30101(22)) is amended by adding at the
end the following: ``In the previous sentence, the terms `public
communication' and `general public political advertising' do not
include communications disseminated over the internet or via an
internet platform or other internet-enabled application, unless the
communication or advertising is disseminated for a fee on another
person's website, platform or other internet-enabled application.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
SEC. 133. MEDIA EXEMPTION.
(a) Expansion of Exemption to Additional Forms of Media.--Section
301(9)(B)(i) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101(9)(B)(i)) is amended to read as follows:
``(i) any news story, commentary, or editorial
distributed through the facilities of any broadcasting,
cable, satellite, or internet-based station,
programmer, operator or producer; newspaper, magazine,
or other periodical publisher; electronic publisher,
platform, or application; book publisher; or filmmaker
or film producer, distributor or exhibitor, unless such
facilities are owned or controlled by any political
party, political committee, or candidate;''.
(b) Application to Contributions.--Section 301(8)(B) of such Act
(52 U.S.C. 30101(8)(B)), as amended by section 132(a)(1), is amended--
(1) by redesignating clauses (i) through (xv) as clauses
(ii) through (xvi); and
(2) by inserting before clause (ii) (as so redesignated)
the following new clause:
``(i) any payment for any news story, commentary,
or editorial distributed through the facilities of any
broadcasting, cable, satellite, or internet-based
station, programmer, operator or producer; newspaper,
magazine, or other periodical publisher; electronic
publisher, platform, or application; book publisher; or
filmmaker or film producer, distributor or
exhibitor.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held during 2024 or any succeeding
year.
TITLE V--PROHIBITION ON ISSUANCE OF REGULATIONS ON POLITICAL
CONTRIBUTIONS
SEC. 141. PROHIBITION ON ISSUANCE OF REGULATIONS ON POLITICAL
CONTRIBUTIONS.
The Securities and Exchange Commission may not finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 151. PERMANENT EXTENSION OF FINES FOR QUALIFIED DISCLOSURE
REQUIREMENT VIOLATIONS.
Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking ``, and that
end on or before December 31, 2023''.
SEC. 152. PERMITTING POLITICAL COMMITTEES TO MAKE DISBURSEMENTS BY
METHODS OTHER THAN CHECK.
Section 302(h)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30102(h)(1)) is amended by striking ``except by check drawn on
such accounts in accordance with this section'' and inserting ``except
from such accounts''.
SEC. 153. DESIGNATION OF INDIVIDUAL AUTHORIZED TO MAKE CAMPAIGN
COMMITTEE DISBURSEMENTS IN EVENT OF DEATH OF CANDIDATE.
(a) In General.--Section 302 of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30102), as amended by section 106(b), is amended by
adding at the end the following new subsection:
``(k)(1) Each candidate may, with respect to each authorized
committee of the candidate, designate an individual who shall be
responsible for disbursing funds in the accounts of the committee in
the event of the death of the candidate, and may also designate another
individual to carry out the responsibilities of the designated
individual under this subsection in the event of the death or
incapacity of the designated individual or the unwillingness of the
designated individual to carry out the responsibilities.
``(2) In order to designate an individual under this subsection,
the candidate shall file with the Commission a signed written statement
(in a standardized form developed by the Commission) that contains the
name and address of the individual and the name of the authorized
committee for which the designation shall apply, and that may contain
the candidate's instructions regarding the disbursement of the funds
involved by the individual. At any time after filing the statement, the
candidate may revoke the designation of an individual by filing with
the Commission a signed written statement of revocation (in a
standardized form developed by the Commission).
``(3)(A) Upon the death of a candidate who has designated an
individual for purposes of paragraph (1), funds in the accounts of each
authorized committee of the candidate may be disbursed only under the
direction and in accordance with the instructions of such individual,
subject to the terms and conditions applicable to the disbursement of
such funds under this Act or any other applicable Federal or State law
(other than any provision of State law which authorizes any person
other than such individual to direct the disbursement of such funds).
``(B) Subparagraph (A) does not apply with respect to an authorized
committee if, at the time of the candidate's death, the authorized
committee has a treasurer or a designated agent of the treasurer as
described in section 302(a), unless the treasurer or designated agent
is incapacitated or cannot be reached by the authorized committee.
``(C) Nothing in this paragraph may be construed to grant any
authority to an individual who is designated pursuant to this
subsection other than the authority to direct the disbursement of funds
as provided in such paragraph, or may be construed to affect the
responsibility of the treasurer of an authorized committee for which
funds are disbursed in accordance with such paragraph to file reports
of the disbursements of such funds under section 304(a).''.
(b) Inclusion of Designation in Statement of Organization of
Committee.--Section 303(b) of such Act (52 U.S.C. 30103(b)) is
amended--
(1) in paragraph (5), by striking ``and'' at the end;
(2) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(7) in the case of an authorized committee of a candidate
who has designated an individual under section 302(k)
(including a second individual designated to carry out the
responsibilities of that individual under such section in the
event of that individual's death or incapacity or unwillingness
to carry out the responsibilities) to disburse funds from the
accounts of the committee in the event of the death of the
candidate, a copy of the statement filed by the candidate with
the Commission under such section (as well as a copy of any
subsequent statement of revocation filed by the candidate with
the Commission under such section).''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to authorized campaign committees which are
designated under section 302(e)(1) of the Federal Election Campaign Act
of 1971 before, on, or after the date of the enactment of this Act.
SEC. 154. PROHIBITING AIDING OR ABETTING MAKING OF CONTRIBUTIONS IN
NAME OF ANOTHER.
Section 320 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30122) is amended by adding at the end the following new sentence: ``No
person shall knowingly direct, help, or assist any person in making a
contribution in the name of another person.''.
SEC. 155. UNANIMOUS CONSENT OF COMMISSION MEMBERS REQUIRED FOR
COMMISSION TO REFUSE TO DEFEND ACTIONS BROUGHT AGAINST
COMMISSION.
(a) Unanimous Consent.--Section 307 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30107) is amended by adding at the end
the following new subsection:
``(f)(1) Except as provided in paragraph (2), the Commission shall
defend each action brought against the Commission under this Act or
chapter 95 and 96 of the Internal Revenue Code of 1986--
``(A) through the general counsel, as provided in
subsection (a)(6);
``(B) by appointing counsel as provided in section
306(f)(4); or
``(C) by referral to the Attorney General in the case of a
criminal action.
``(2) The Commission may refuse to defend an action brought against
the Commission pursuant to the unanimous vote of its Members.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to actions brought on or after the date of the
enactment of this Act.
SEC. 156. FEDERAL ELECTION COMMISSION MEMBER PAY.
Section 306(a)(4) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(a)(4)) is amended by striking ``equivalent to the
compensation paid at level IV of the Executive Schedule (5 U.S.C.
5315)'' and inserting ``at an annual rate of basic pay of $186,300, as
adjusted under section 5318 of title 5, United States Code, in the same
manner as the annual rate of pay for positions at each level of the
Executive Schedule''.
SEC. 157. UNIFORM STATUTE OF LIMITATIONS FOR PROCEEDINGS TO ENFORCE
FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) 5-Year Limitation.--Section 406(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30145(a)) is amended--
(1) by striking ``(a)'' and inserting ``(a)(1)''; and
(2) by adding at the end the following new paragraph:
``(2) No person shall be subject to a civil penalty for any
violation of title III of this Act unless the proceeding is initiated
in accordance with section 309 not later than 5 years after the date on
which the violation occurred.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to violations occurring on or after the date of the
enactment of this Act.
SEC. 158. REPEAL OF OBSOLETE PROVISIONS OF LAW.
(a) Provisions Held Unconstitutional.--
(1) Membership of secretary of senate and clerk of house on
federal election commission.--Section 306(a)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is
amended by striking ``the Secretary of the Senate and the Clerk
of the House of Representatives or their designees, ex officio
and without the right to vote, and''.
(2) Choice of independent or coordinated expenditures by
political parties.--Section 315(d) of such Act (52 U.S.C.
30116(d)) is amended--
(A) by striking paragraph (4) and redesignating
paragraph (5) as paragraph (4);
(B) in paragraph (4), as so redesignated, by
striking ``paragraphs (2), (3), and (4)'' and inserting
``paragraphs (2) and (3)''; and
(C) in paragraph (1), by striking ``paragraphs (2),
(3), and (4)'' and inserting ``paragraphs (2) and
(3)''.
(3) Prohibiting contributions by minors.--The Federal
Election Campaign Act of 1971 is amended by striking section
324 (52 U.S.C. 30126).
(4) Increase in contribution limits for candidates in
response to personal fund expenditures by opponents.--
(A) House candidates.--The Federal Election
Campaign Act of 1971 is amended by striking section
315A (52 U.S.C. 30117).
(B) Senate candidates.--Section 315 of such Act (52
U.S.C. 30116) is amended--
(i) by striking subsection (i); and
(ii) by redesignating subsection (j) as
subsection (i).
(C) Conforming amendment relating to
notification.--Section 304(a)(6) of such Act (52 U.S.C.
30104(a)(6)) is amended--
(i) by striking subparagraphs (B), (C), and
(D); and
(ii) by redesignating subparagraph (E) as
subparagraph (D).
(D) Conforming amendment relating to definitions.--
Section 301(25) of such Act (52 U.S.C. 30101(25)) is
amended by striking ``For purposes of sections 315(i)
and 315A and paragraph (26), the term'' and inserting
``The term''.
(E) Other conforming amendment.--Section 315(a)(1)
of such Act (52 U.S.C. 30116(a)(1)) is amended by
striking ``Except as provided in subsection (i) and
section 315A, no person'' and inserting ``No person''.
(5) Electioneering communications and independent
expenditures by corporations and labor organizations.--Section
316 of such Act (52 U.S.C. 30117) is amended--
(A) in subsection (b)(1), by striking ``or for any
applicable electioneering communication''; and
(B) by striking subsection (c).
(6) Limitation on aggregate amount of contributions by
individuals.--Section 315 of such Act (52 U.S.C. 30116) is
amended--
(A) in subsection (a), by striking paragraph (3);
and
(B) in subsection (c), by striking ``(a)(3),'' each
place it appears in paragraph (1)(B)(i), paragraph
(1)(C), and paragraph (2)(B)(ii).
(7) Limitation on repayment of personal loans.--Section 315
of such Act (52 U.S.C. 30116) is amended by striking subsection
(i), as redesignated by paragraph (4)(B)(ii).
(b) Provisions Relating to Use of Presidential Election Campaign
Fund for Party Nominating Conventions.--Section 9008 of the Internal
Revenue Code of 1986 is amended--
(1) in subsection (b), by striking paragraph (3); and
(2) by striking subsections (c), (d), (e), (f), (g), and
(h).
(c) Technical Correction.--Sections 307 and 309 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30107 and 30109) are each
amended by striking ``subpena'' each place it appears and inserting
``subpoena''.
SEC. 159. DEADLINE FOR PROMULGATION OF PROPOSED REGULATIONS.
Not later than 120 days after the date of the enactment of this
Act, the Federal Election Commission shall publish in the Federal
Register proposed regulations to carry out this Act and the amendments
made by this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on House Administration, and in addition to the Committees on Ways and Means, Financial Services, and Oversight and Accountability, 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.
Referred to the Committee on House Administration, and in addition to the Committees on Ways and Means, Financial Services, and Oversight and Accountability, 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.
Referred to the Committee on House Administration, and in addition to the Committees on Ways and Means, Financial Services, and Oversight and Accountability, 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.
Referred to the Committee on House Administration, and in addition to the Committees on Ways and Means, Financial Services, and Oversight and Accountability, 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.
Referred to the Subcommittee on Elections.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line