I
118th CONGRESS
1st Session
H. R. 4472
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.
Short title
This Act may be cited as the First Amendment Protection Act
.
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.
Protecting Political Speech
Findings
Congress finds the following:
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.
.
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.
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.
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.
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.
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.
Repeal of limits on coordinated political party expenditures
Repeal of Limits
Section 315(d) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(d)) is amended—
in paragraph (1)—
by striking may make expenditures
and inserting may make expenditures, including coordinated expenditures,
; and
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
by striking paragraphs (2), (3), (4), and (5).
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:
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.
.
Conforming amendment relating to Indexing
Section 315(c) of such Act (52 U.S.C. 30116(c)) is amended—
in paragraph (1)(B)(i), by striking (d),
; and
in paragraph (2)(B)(i), by striking subsections (b) and (d)
and inserting subsection (b)
.
Effective date
The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Repeal of limit on aggregate contributions by individuals
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.
Repeal
Section 315(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is amended by striking paragraph (3).
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).
Equalization of contribution limits to State and national political party committees
In general
Section 315(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(1)) is amended—
in subparagraph (B), by striking a national political party
and inserting a national or State political party
;
by adding or
at the end of subparagraph (B);
in subparagraph (C), by striking ; or
and inserting a period; and
by striking subparagraph (D).
Contributions by multicandidate political committees
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
.
Price index adjustment
Section 315(c) of such Act (52 U.S.C. 30116(c)) is amended—
in paragraph (1), by adding at the end the following new subparagraph:
In any calendar year after 2022—
a threshold established by subsection (a)(2) shall be increased by the percent difference determined under subparagraph (A);
each amount so increased shall remain in effect for the calendar year; and
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
in paragraph (2)(B)—
in clause (i), by striking and
at the end;
in clause (ii), by striking the period at the end and inserting ; and
; and
by adding at the end the following new clause:
for purposes of subsection (a)(2), calendar year 2023.
.
Acceptance of additional amounts for certain accounts
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—
in paragraph (1)(B), by striking paragraph (9)
and inserting paragraph (9) or paragraph (10)
; and
in paragraph (2)(B), by striking paragraph (9)
and inserting paragraph (9) or paragraph (10)
.
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
.
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:
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—
expenses incurred with respect to carrying out State party nominating activities or other party-building conventions;
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
expenses incurred with respect to carrying out local, county, or district conventions or proceedings to elect delegates to a State party convention.
.
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).
Effective date
The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Expansion of permissible Federal election activity by State and local political parties
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:
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.
.
Conforming amendments
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.
.
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)
.
Participation in joint fundraising activities by multiple political committees
Findings
Congress finds the following:
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.
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.
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:
Criteria for participation in joint fundraising activities by multiple political committees
Criteria described
Two or more political committees as defined in this Act may participate in joint fundraising activities in accordance with the following criteria:
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.
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.
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.
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.
.
Protecting privacy of donors to tax-exempt organizations
Short title
This section may be cited as the Speech Privacy Act of 2023
.
Restrictions on collection of donor information
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.
Exceptions
Paragraph (1) does not apply to the following:
The Internal Revenue Service, acting lawfully pursuant to section 6033 of the Internal Revenue Code of 1986 or any successor provision.
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).
The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code.
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.
Restrictions on release of donor information
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.
Exceptions
Paragraph (1) does not apply to the following:
The Internal Revenue Service, acting lawfully pursuant to section 6104 of the Internal Revenue Code of 1986 or any successor provision.
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).
The Federal Election Commission, acting lawfully pursuant to section 510 of title 36, United States Code.
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.
An entity which discloses the information as authorized by the organization.
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.
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.
Reporting requirements for tax-exempt organizations
Short title
This section may be cited as the Don't Weaponize the IRS Act
.
Organizations exempt from reporting
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
.
Organizations described
Subparagraph (C) of section 6033(a)(3) of the Internal Revenue Code of 1986 is amended—
by striking and
at the end of clause (v),
by striking the period at the end of clause (vi) and inserting a semicolon, and
by adding at the end the following new clauses:
any other organization described in section 501(c) (other than a private foundation or a supporting organization described in section 509(a)(3)); and
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.
.
Effective date
The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.
Clarification of application to section 527 organizations
In general
Paragraph (1) of section 6033(g) of the Internal Revenue Code of 1986 is amended—
by striking This section
and inserting Except as otherwise provided by this subsection, this section
, and
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).
.
Effective date
The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.
Reporting of names and addresses of contributors
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.
.
Application to section 527 organizations
Paragraph (2) of section 6033(g) of the Internal Revenue Code of 1986 is amended—
by striking and
at the end of subparagraph (A),
by redesignating subparagraph (B) as subparagraph (C), and
by inserting after subparagraph (A) the following new subparagraph:
containing the names and addresses of all substantial contributors, and
.
Effective date
The amendments made by this subsection shall apply to taxable years ending after the date of the enactment of this Act.
Maintenance of standards for determining eligibility of section 501(c)(4) organizations
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)).
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.
Prohibition on Use of Federal funds for Congressional Campaigns
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.
Registration and Reporting Requirements
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
.
Increased qualifying threshold and establishing purpose for political committees
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:
The term political committee means—
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
any separate segregated fund established under the provisions of section 316(b).
.
Definition
Section 301 of such Act (52 U.S.C. 30101) is amended by adding at the end the following new paragraph:
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 group whose central organizational purpose is to expressly advocate for the nomination, election, or defeat of a candidate; or
a group for which the majority of its spending throughout its lifetime of existence has been on contributions, expenditures, or independent expenditures.
.
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—
in paragraph (1), by adding at the end the following new subparagraph:
In any calendar year after 2023—
a threshold established by section 301(4)(A) or 301(4)(C) shall be increased by the percent difference determined under subparagraph (A);
each amount so increased shall remain in effect for the calendar year; and
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
in paragraph (2)(B)—
in clause (ii), by striking and
at the end;
in clause (iii), by striking the period at the end and inserting ; and
; and
by adding at the end the following new clause:
for purposes of sections 301(4)(A) and 301(4)(C), calendar year 2023.
.
Effective date
The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Increased threshold with respect to independent expenditure reporting requirement
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
.
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—
in paragraph (1), by adding at the end the following new subparagraph:
In any calendar year after 2023—
a threshold established by section 304(c)(1) shall be increased by the percent difference determined under subparagraph (A);
each amount so increased shall remain in effect for the calendar year; and
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
in paragraph (2)(B)—
in clause (iii), by striking and
at the end;
in clause (iv), by striking the period at the end and inserting ; and
; and
by adding at the end the following new clause:
for purposes of section 304(c)(1), calendar year 2023.
.
Effective date
The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Increased qualifying threshold with respect to candidates
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
.
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—
in paragraph (1), by adding at the end the following new subparagraph:
In any calendar year after 2023—
a threshold established by sections 301(2) shall be increased by the percent difference determined under subparagraph (A);
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
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
in paragraph (2)(B)—
in clause (iv), by striking and
at the end;
in clause (v), by striking the period at the end and inserting ; and
; and
by adding at the end the following new clause:
for purposes of sections 301(2), calendar year 2023.
.
Effective date
The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Repeal requirement of persons making independent expenditures to report identification of certain donors
Repeal
Section 304(c)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(c)(2)) is amended—
in subparagraph (A), by adding and
at the end;
in subparagraph (B), by striking ; and
and inserting a period; and
by striking subparagraph (C).
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)
.
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.
Exclusion of Certain Amounts from Treatment as Contributions or Expenditures
Increased threshold for exemption of certain amounts as contributions
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—
by striking $1,000
and inserting $2,000
; and
by striking $2,000
and inserting $4,000
.
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—
by striking $1,000
and inserting $2,000
; and
by striking $2,000
and inserting $4,000
.
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—
in paragraph (1), by adding at the end the following new subparagraph:
In any calendar year after 2023—
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);
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
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
in paragraph (2)(B)—
in clause (v), by striking and
at the end;
in clause (vi), by striking the period at the end and inserting ; and
; and
by adding at the end the following new clause:
for purposes of section 301(8)(B)(ii) or 301(8)(B)(iv), calendar year 2023.
.
Effective date
The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Exemption of uncompensated internet communications from treatment as contribution or expenditure
Exemptions
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—
by striking and
at the end of clause (xiii);
by striking the period at the end of clause (xiv) and inserting ; and
; and
by adding at the end the following new clause:
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.
.
Exemption from treatment as expenditure
Section 301(9)(B) of such Act (52 U.S.C. 30101(9)(B)) is amended—
by striking and
at the end of clause (ix);
by striking the period at the end of clause (x) and inserting ; and
; and
by adding at the end the following new clause:
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.
.
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.
.
Effective date
The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Media exemption
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:
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;
.
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—
by redesignating clauses (i) through (xv) as clauses (ii) through (xvi); and
by inserting before clause (ii) (as so redesignated) the following new clause:
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.
.
Effective date
The amendments made by this section shall apply with respect to elections held during 2024 or any succeeding year.
Prohibition on Issuance of Regulations on Political Contributions
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.
Miscellaneous Provisions
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
.
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
.
Designation of individual authorized to make campaign committee disbursements in event of death of candidate
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:
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.
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).
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).
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.
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).
.
Inclusion of Designation in Statement of Organization of Committee
Section 303(b) of such Act (52 U.S.C. 30103(b)) is amended—
in paragraph (5), by striking and
at the end;
in paragraph (6), by striking the period at the end and inserting ; and
; and
by adding at the end the following new paragraph:
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).
.
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.
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.
.
Unanimous consent of Commission members required for Commission to refuse to defend actions brought against Commission
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:
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—
through the general counsel, as provided in subsection (a)(6);
by appointing counsel as provided in section 306(f)(4); or
by referral to the Attorney General in the case of a criminal action.
The Commission may refuse to defend an action brought against the Commission pursuant to the unanimous vote of its Members.
.
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.
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
.
Uniform statute of limitations for proceedings to enforce Federal Election Campaign Act of 1971
5-Year limitation
Section 406(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30145(a)) is amended—
by striking (a)
and inserting (a)(1)
; and
by adding at the end the following new paragraph:
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.
.
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.
Repeal of obsolete provisions of law
Provisions held unconstitutional
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
.
Choice of independent or coordinated expenditures by political parties
Section 315(d) of such Act (52 U.S.C. 30116(d)) is amended—
by striking paragraph (4) and redesignating paragraph (5) as paragraph (4);
in paragraph (4), as so redesignated, by striking paragraphs (2), (3), and (4)
and inserting paragraphs (2) and (3)
; and
in paragraph (1), by striking paragraphs (2), (3), and (4)
and inserting paragraphs (2) and (3)
.
Prohibiting contributions by minors
The Federal Election Campaign Act of 1971 is amended by striking section 324 (52 U.S.C. 30126).
Increase in contribution limits for candidates in response to personal fund expenditures by opponents
House candidates
The Federal Election Campaign Act of 1971 is amended by striking section 315A (52 U.S.C. 30117).
Senate candidates
Section 315 of such Act (52 U.S.C. 30116) is amended—
by striking subsection (i); and
by redesignating subsection (j) as subsection (i).
Conforming amendment relating to notification
Section 304(a)(6) of such Act (52 U.S.C. 30104(a)(6)) is amended—
by striking subparagraphs (B), (C), and (D); and
by redesignating subparagraph (E) as subparagraph (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
.
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
.
Electioneering communications and independent expenditures by corporations and labor organizations
Section 316 of such Act (52 U.S.C. 30117) is amended—
in subsection (b)(1), by striking or for any applicable electioneering communication
; and
by striking subsection (c).
Limitation on aggregate amount of contributions by individuals
Section 315 of such Act (52 U.S.C. 30116) is amended—
in subsection (a), by striking paragraph (3); and
in subsection (c), by striking (a)(3),
each place it appears in paragraph (1)(B)(i), paragraph (1)(C), and paragraph (2)(B)(ii).
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).
Provisions relating to use of Presidential Election Campaign Fund for party nominating conventions
Section 9008 of the Internal Revenue Code of 1986 is amended—
in subsection (b), by striking paragraph (3); and
by striking subsections (c), (d), (e), (f), (g), and (h).
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
.
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.