HR 4294
110th CONGRESS
1st Session
H. R. 4294
To amend the Internal Revenue Code of 1986 to reform the system
of public financing for Presidential elections, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
December 5, 2007
Mr. PRICE of North Carolina (for himself, Mr. SHAYS, Mr. CASTLE, Mr.
EMANUEL, Mr. PLATTS, and Mr. VAN HOLLEN) introduced the following bill;
which was referred to the Committee on House Administration, and in addition
to the Committee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To amend the Internal Revenue Code of 1986 to reform the system
of public financing for Presidential elections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Presidential Funding Act
of 2007'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Revisions to system of Presidential primary matching payments.
Sec. 3. Requiring participation in primary payment system as condition
of eligibility for general election payments.
Sec. 4. Revisions to expenditure limits.
Sec. 5. Additional payments and increased expenditure limits for candidates
participating in public financing who face certain nonparticipating
opponents.
Sec. 6. Establishment of uniform date for release of payments from Presidential
Election Campaign Fund to eligible candidates.
Sec. 7. Revisions to designation of income tax payments by individual
taxpayers.
Sec. 8. Amounts in Presidential Election Campaign Fund.
Sec. 9. Regulation of convention financing.
Sec. 10. Disclosure of bundled contributions to presidential campaigns.
SEC. 2. REVISIONS TO SYSTEM OF PRESIDENTIAL PRIMARY MATCHING PAYMENTS.
(a) Increase in Matching Payments-
(1) IN GENERAL- Section 9034(a) of the Internal Revenue Code of 1986
is amended--
(A) by striking `an amount equal to the amount' and inserting `an
amount equal to 400 percent of the amount'; and
(B) by striking `$250' and inserting `$200'.
(2) ADDITIONAL MATCHING PAYMENTS FOR CANDIDATES AFTER MARCH 31 OF THE
ELECTION YEAR- Section 9034(b) of such Code is amended to read as follows:
`(b) Additional Payments for Candidates After March 31 of the Election
Year- In addition to any payment under subsection (a), an individual who
is a candidate after March 31 of the calendar year in which the presidential
election is held and who is eligible to receive payments under section
9033 shall be entitled to payments under section 9037 in an amount equal
to the amount of each contribution received by such individual after March
31 of the calendar year in which such presidential election is held, disregarding
any amount of contributions from any person to the extent that the total
of the amounts contributed by such person after such date exceeds $200.'.
(3) CONFORMING AMENDMENTS- Section 9034 of such Code, as amended by
paragraph (2), is amended--
(A) by striking the last sentence of subsection (a); and
(B) by inserting after subsection (b) the following new subsection:
`(c) Contribution Defined- For purposes of this section and section 9033(b),
the term `contribution' means a gift of money made by a written instrument
which identifies the person making the contribution by full name and mailing
address, but does not include a subscription, loan, advance, or deposit
of money, or anything of value or anything described in subparagraph (B),
(C), or (D) of section 9032(4).'.
(b) Eligibility Requirements-
(1) AMOUNT OF AGGREGATE CONTRIBUTIONS PER STATE- Section 9033(b)(3)
of such Code is amended by striking `$5,000' and inserting `$25,000'.
(2) AMOUNT OF INDIVIDUAL CONTRIBUTIONS- Section 9033(b)(4) of such Code
is amended by striking `$250' and inserting `$200'.
(3) PARTICIPATION IN SYSTEM FOR PAYMENTS FOR GENERAL ELECTION- Section
9033(b) of such Code is amended--
(A) by striking `and' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and inserting
`, and'; and
(C) by adding at the end the following new paragraph:
`(5) if the candidate is nominated by a political party for election
to the office of President, the candidate will apply for and accept
payments with respect to the general election for such office in accordance
with chapter 95, including the requirement that the candidate and the
candidate's authorized committees will not incur qualified campaign
expenses in excess of the aggregate payments to which they will be entitled
under section 9004.'.
(c) Period of Availability of Payments- Section 9032(6) of such Code is
amended by striking `beginning with the beginning of the calendar year'
and inserting `beginning with the date that is 6 months prior to the date
of the earliest primary election held in any State during the calendar
year'.
SEC. 3. REQUIRING PARTICIPATION IN PRIMARY PAYMENT SYSTEM AS CONDITION
OF ELIGIBILITY FOR GENERAL ELECTION PAYMENTS.
(a) Major Party Candidates- Section 9003(b) of the Internal Revenue Code
of 1986 is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3);
and
(2) by inserting before paragraph (2) (as so redesignated) the following
new paragraph:
`(1) the candidate received payments under chapter 96 for the campaign
for nomination;'.
(b) Minor Party Candidates- Section 9003(c) of such Code is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3);
and
(2) by inserting before paragraph (2) (as so redesignated) the following
new paragraph:
`(1) the candidate received payments under chapter 96 for the campaign
for nomination;'.
SEC. 4. REVISIONS TO EXPENDITURE LIMITS.
(a) Increase in Expenditure Limits for Participating Candidates; Elimination
of State-Specific Limits-
(1) IN GENERAL- Section 315(b)(1) of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a(b)(1)) is amended by striking `may make expenditures
in excess of' and all that follows and inserting `may make expenditures--
`(A) with respect to a campaign for nomination for election to such
office--
`(i) in excess of $100,000,000 before April 1 of the calendar year
in which the presidential election is held, and
`(ii) in excess of $150,000,000 before the date described in section
9006(b) of the Internal Revenue Code of 1986; and
`(B) with respect to a campaign for election to such office, in excess
of $100,000,000.'.
(2) CLERICAL CORRECTION- Section 9004(a)(1) of the Internal Revenue
Code of 1986 is amended by striking `section 320(b)(1)(B) of the Federal
Election Campaign Act of 1971' and inserting `section 315(b)(1)(B) of
the Federal Election Campaign Act of 1971'.
(b) Increase in Limit on Coordinated Party Expenditures- Section 315(d)(2)
of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(d)(2)) is
amended to read as follows:
`(2)(A) The national committee of a political party may not make any expenditure
in connection with the general election campaign of any candidate for
President of the United States who is affiliated with such party which
exceeds $25,000,000.
`(B) Notwithstanding the limitation under subparagraph (A), during the
period beginning on April 1 of the year in which a presidential election
is held and ending on the date described in section 9006(b) of the Internal
Revenue Code of 1986, the national committee of a political party may
make additional expenditures in connection with the general election campaign
of a candidate for President of the United States who is affiliated with
such party in an amount not to exceed $25,000,000.
`(C)(i) Notwithstanding subparagraph (B) or the limitation under subparagraph
(A), if any nonparticipating primary candidate (within the meaning of
subsection (b)(3)) affiliated with the national committee of a political
party receives contributions or makes expenditures with respect to such
candidate's campaign in an aggregate amount greater than 120 percent of
the expenditure limitation in effect under subsection (b)(1)(A)(ii), then
during the period described in clause (ii), the national committee of
any other political party may make expenditures in connection with the
general election campaign of a candidate for President of the United States
who is affiliated with such other party without limitation.
`(ii) The period described in this clause is the period--
`(I) beginning on the later of April 1 of the year in which a presidential
election is held or the date which such nonparticipating primary candidate
first receives contributions or makes expenditures in the aggregate
amount described in clause (i), and
`(II) ending on the earlier of the date such nonparticipating primary
candidate ceases to be a candidate for nomination to the office of President
of the United States and is not a candidate for such office or the date
described in section 9006(b) of the Internal Revenue Code of 1986.
`(iii) If the nonparticipating primary candidate described in clause (i)
ceases to be a candidate for nomination to the office of President of
the United States and is not a candidate for such office, clause (i) shall
not apply and the limitations under subparagraphs (A) and (B) shall apply.
It shall not be considered to be a violation of this Act if the application
of the preceding sentence results in the national committee of a political
party violating the limitations under subparagraphs (A) and (B) solely
by reason of expenditures made by such national committee during the period
which clause (i) applied.
`(D) For purposes of this paragraph--
`(i) any expenditure made by or on behalf of a national committee of
a political party and in connection with a presidential election shall
be considered to be made in connection with the general election campaign
of a candidate for President of the United States who is affiliated
with such party, and
`(ii) any communication made by or on behalf of such party shall be
considered to be made in connection with the general election campaign
of a candidate for President of the United States who is affiliated
with such party if any portion of the communication is in connection
with such election.
`(E) Any expenditure under this paragraph shall be in addition to any
expenditure by a national committee of a political party serving as the
principal campaign committee of a candidate for the office of President
of the United States.'.
(c) Conforming Amendments Relating to Timing of Cost-of-Living Adjustment-
(1) IN GENERAL- Section 315(c)(1) of such Act (2 U.S.C.. 441a(c)(1))
is amended--
(A) in subparagraph (B), by striking `(b), (d),' and inserting `(d)(3)';
and
(B) by inserting at the end the following new subparagraph:
`(D) In any calendar year after 2008--
`(i) a limitation established by subsection (b) or (d)(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.'.
(2) BASE YEAR- Section 315(c)(2)(B) of such Act (2 U.S.C. 441a(c)(2)(B))
is amended--
(A) in clause (i), by striking `subsections (b) and (d)' and inserting
`subsection (d)(3)';
(B) in clause (i), by striking `and' at the end;
(C) in clause (ii), by striking the period at the end and inserting
`; and'; and
(D) by adding at the end the following new clause:
`(iii) for purposes of subsection (b) and (d)(2), calendar year 2007.'.
(d) Repeal of Exclusion of Fundraising Costs From Treatment as Expenditures-
Section 301(9)(B)(vi) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(9)(B)(vi)) is amended by striking `in excess of an amount equal
to 20 percent of the expenditure limitation applicable to such candidate
under section 315(b)' and inserting the following: `who is seeking nomination
for election or election to the office of President or Vice President
of the United States'.
SEC. 5. ADDITIONAL PAYMENTS AND INCREASED EXPENDITURE LIMITS FOR CANDIDATES
PARTICIPATING IN PUBLIC FINANCING WHO FACE CERTAIN NONPARTICIPATING OPPONENTS.
(a) Candidates in Primary Elections-
(A) IN GENERAL- Section 9034 of the Internal Revenue Code of 1986,
as amended by section 2, is amended by redesignating subsection (c)
as subsection (d) and by inserting after subsection (b) the following
new subsection:
`(c) Additional Payments for Candidates Facing Nonparticipating Opponents-
`(1) IN GENERAL- In addition to any payments provided under subsections
(a) and (b), each candidate described in paragraph (2) shall be entitled
to--
`(A) a payment under section 9037 in an amount equal to the amount
of each contribution received by such candidate on or after the date
that is 6 months prior to the date of the earliest primary election
held in any State during the calendar year of the presidential election
with respect to which such candidate is seeking nomination and before
the qualifying date, disregarding any amount of contributions from
any person to the extent that the total of the amounts contributed
by such person exceeds $200, and
`(B) payments under section 9037 in an amount equal to the amount
of each contribution received by such candidate on or after the qualifying
date, disregarding any amount of contributions from any person to
the extent that the total of the amounts contributed by such person
exceeds $200.
`(2) CANDIDATES TO WHOM THIS SUBSECTION APPLIES- A candidate is described
in this paragraph if such candidate--
`(A) is eligible to receive payments under section 9033, and
`(B) is opposed by a nonparticipating primary candidate of the same
political party who receives contributions or makes expenditures with
respect to the campaign--
`(i) before April 1 of the year in which the presidential election
is held, in an aggregate amount greater than 120 percent of the
expenditure limitation under section 315(b)(1)(A)(i) of the Federal
Election Campaign Act of 1971, or
`(ii) before the date described in section 9006(b), in an aggregate
amount greater than 120 percent of the expenditure limitation under
section 315(b)(1)(A)(ii) of such Act.
`(3) NONPARTICIPATING PRIMARY CANDIDATE- In this subsection, the term
`nonparticipating primary candidate' means a candidate for nomination
for election for the office of President who is not eligible under section
9033 to receive payments from the Secretary under this chapter.
`(4) QUALIFYING DATE- In this subsection, the term `qualifying date'
means the first date on which the contributions received or expenditures
made by the nonparticipating primary candidate described in paragraph
(2)(B) exceed the amount described under either clause (i) or clause
(ii) of such paragraph.'.
(B) CONFORMING AMENDMENT- Section 9034(b)(2) of such Code, as amended
by section 2, is amended by striking `subsection (a)' and inserting
`subsections (a) and (c)'.
(2) INCREASE IN EXPENDITURE LIMIT- Section 315(b) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441a(b)) is amended by adding at the
end the following new paragraph:
`(3)(A) In the case of an eligible candidate, each of the limitations
under clause (i) and (ii) of paragraph (1)(A) shall be increased--
`(i) by $50,000,000, if any nonparticipating primary candidate of the
same political party as such candidate receives contributions or makes
expenditures with respect to the campaign in an aggregate amount greater
than 120 percent of the expenditure limitation applicable to eligible
candidates under clause (i) or (ii) of paragraph (1)(A) (before the
application of this clause), and
`(ii) by $100,000,000, if such nonparticipating primary candidate receives
contributions or makes expenditures with respect to the campaign in
an aggregate amount greater than 120 percent of the expenditure limitation
applicable to eligible candidates under clause (i) or (ii) of paragraph
(1)(A) after the application of clause (i).
`(B) Each dollar amount under subparagraph (A) shall be considered a limitation
under this subsection for purposes of subsection (c).
`(C) In this paragraph, the term `eligible candidate' means, with respect
to any period, a candidate--
`(i) who is eligible to receive payments under section 9033 of the Internal
Revenue Code of 1986;
`(ii) who is opposed by a nonparticipating primary candidate; and
`(iii) with respect to whom the Commission has given notice under section
304(i)(1)(B)(i).
`(D) In this paragraph, the term `nonparticipating primary candidate'
means, with respect to any eligible candidate, a candidate for nomination
for election for the office of President who is not eligible under section
9033 of the Internal Revenue Code of 1986 to receive payments from the
Secretary of the Treasury under chapter 96 of such Code.'.
(b) Candidates in General Elections-
(A) IN GENERAL- Section 9004(a)(1) of the Internal Revenue Code of
1986 is amended--
(i) by striking `(1) The eligible candidates' and inserting `(1)(A)
Except as provided in subparagraph (B), the eligible candidates';
and
(ii) by adding at the end the following new subparagraph:
`(B) In addition to the payments described in subparagraph (A), each
eligible candidate of a major party in a presidential election with
an opponent in the election who is not eligible to receive payments
under section 9006 and who receives contributions or makes expenditures
with respect to the primary and general elections in an aggregate amount
greater than 120 percent of the combined expenditure limitations applicable
to eligible candidates under section 315(b)(1) of the Federal Election
Campaign Act of 1971 shall be entitled to an equal payment under section
9006 in an amount equal to 100 percent of the expenditure limitation
applicable under such section with respect to a campaign for election
to the office of President.'.
(B) SPECIAL RULE FOR MINOR PARTY CANDIDATES- Section 9004(a)(2)(A)
of such Code is amended--
(i) by striking `(A) The eligible candidates' and inserting `(A)(i)
Except as provided in clause (ii), the eligible candidates'; and
(ii) by adding at the end the following new clause:
`(ii) In addition to the payments described in clause (i), each eligible
candidate of a minor party in a presidential election with an opponent
in the election who is not eligible to receive payments under section
9006 and who receives contributions or makes expenditures with respect
to the primary and general elections in an aggregate amount greater
than 120 percent of the combined expenditure limitations applicable
to eligible candidates under section 315(b)(1) of the Federal Election
Campaign Act of 1971 shall be entitled to an equal payment under section
9006 in an amount equal to 100 percent of the payment to which such
candidate is entitled under clause (i).'.
(2) EXCLUSION OF ADDITIONAL PAYMENT FROM DETERMINATION OF EXPENDITURE
LIMITS- Section 315(b) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(b)), as amended by subsection (a), is amended by adding
at the end the following new paragraph:
`(4) In the case of a candidate who is eligible to receive payments under
section 9004(a)(1)(B) or 9004(a)(2)(A)(ii) of the Internal Revenue Code
of 1986, the limitation under paragraph (1)(B) shall be increased by the
amount of such payments received by the candidate.'.
(c) Process for Determination of Eligibility for Additional Payment and
Increased Expenditure Limits- Section 304 of the Federal Election Campaign
Act of 1971 (2 U.S.C. 434) is amended by adding at the end the following
new subsection
`(i) Reporting and Certification for Additional Public Financing Payments
for Candidates-
`(A) NOTIFICATION OF EXPENDITURES BY INELIGIBLE CANDIDATES-
`(i) EXPENDITURES IN EXCESS OF 120 PERCENT OF LIMIT- If a candidate
for a nomination for election for the office of President who is
not eligible to receive payments under section 9033 of the Internal
Revenue Code of 1986 receives contributions or makes expenditures
with respect to the primary election in an aggregate amount greater
than 120 percent of the expenditure limitation applicable to eligible
candidates under clause (i) or (ii) of section 315(b)(1)(A), the
candidate shall notify the Commission in writing that the candidate
has received aggregate contributions or made aggregate expenditures
in such an amount not later than 24 hours after first receiving
aggregate contributions or making aggregate expenditures in such
an amount.
`(ii) EXPENDITURES IN EXCESS OF 120 PERCENT OF INCREASED LIMIT-
If a candidate for a nomination for election for the office of President
who is not eligible to receive payments under section 9033 of the
Internal Revenue Code of 1986 receives contributions or makes expenditures
with respect to the primary election in an aggregate amount greater
than 120 percent of the expenditure limitation applicable to eligible
candidates under section 315(b) after the application of paragraph
(3)(A)(i) thereof, the candidate shall notify the Commission in
writing that the candidate has received aggregate contributions
or made aggregate expenditures in such an amount not later than
24 hours after first receiving aggregate contributions or making
aggregate expenditures in such an amount.
`(B) CERTIFICATION- Not later than 24 hours after receiving any written
notice under subparagraph (A) from a candidate, the Commission shall--
`(i) certify to the Secretary of the Treasury that opponents of
the candidate are eligible for additional payments under section
9034(c) of the Internal Revenue Code of 1986;
`(ii) notify each opponent of the candidate who is eligible to receive
payments under section 9033 of the Internal Revenue Code of 1986
of the amount of the increased limitation on expenditures which
applies pursuant to section 315(b)(3); and
`(iii) in the case of a notice under subparagraph (A)(i), notify
the national committee of each political party (other than the political
party with which the candidate is affiliated) of the inapplicability
of expenditure limits under section 315(d)(2) pursuant to subparagraph
(C) thereof.
`(2) GENERAL ELECTION CANDIDATES-
`(A) NOTIFICATION OF EXPENDITURES BY INELIGIBLE CANDIDATES- If a candidate
in a presidential election who is not eligible to receive payments
under section 9006 of the Internal Revenue Code of 1986 receives contributions
or makes expenditures with respect to the primary and general elections
in an aggregate amount greater than 120 percent of the combined expenditure
limitations applicable to eligible candidates under section 315(b)(1),
the candidate shall notify the Commission in writing that the candidate
has received aggregate contributions or made aggregate expenditures
in such an amount not later than 24 hours after first receiving aggregate
contributions or making aggregate expenditures in such an amount.
`(B) CERTIFICATION- Not later than 24 hours after receiving a written
notice under subparagraph (A), the Commission shall certify to the
Secretary of the Treasury for payment to any eligible candidate who
is entitled to an additional payment under paragraph (1)(B) or (2)(A)(ii)
of section 9004(a) of the Internal Revenue Code of 1986 that the candidate
is entitled to payment in full of the additional payment under such
section.'.
SEC. 6. ESTABLISHMENT OF UNIFORM DATE FOR RELEASE OF PAYMENTS FROM PRESIDENTIAL
ELECTION CAMPAIGN FUND TO ELIGIBLE CANDIDATES.
(a) In General- The first sentence of section 9006(b) of the Internal
Revenue Code of 1986 is amended to read as follows: `If the Secretary
of the Treasury receives a certification from the Commission under section
9005 for payment to the eligible candidates of a political party, the
Secretary shall, on the last Friday occurring before the first Monday
in September, pay to such candidates of the fund the amount certified
by the Commission.'.
(b) Conforming Amendment- The first sentence of section 9006(c) of such
Code is amended by striking `the time of a certification by the Comptroller
General under section 9005 for payment' and inserting `the time of making
a payment under subsection (b)'.
SEC. 7. REVISIONS TO DESIGNATION OF INCOME TAX PAYMENTS BY INDIVIDUAL
TAXPAYERS.
(a) Increase in Amount Designated- Section 6096(a) of the Internal Revenue
Code of 1986 is amended--
(1) in the first sentence, by striking `$3' each place it appears and
inserting `$10'; and
(2) in the second sentence--
(A) by striking `$6' and inserting `$20', and
(B) by striking `$3' and inserting `$10'.
(b) Indexing- Section 6096 of such Code is amended by adding at the end
the following new subsection:
`(d) Indexing of Amount Designated-
`(1) IN GENERAL- With respect to each taxable year after 2008, each
amount referred to in subsection (a) shall be increased by the percent
difference described in paragraph (2), except that if any such amount
after such an increase is not a multiple of $1, such amount shall be
rounded to the nearest multiple of $1.
`(2) PERCENT DIFFERENCE DESCRIBED- The percent difference described
in this paragraph with respect to a taxable year is the percent difference
determined under section 315(c)(1)(A) of the Federal Election Campaign
Act of 1971 with respect to the calendar year during which the taxable
year begins, except that the base year involved shall be 2008.'.
(c) Ensuring Tax Preparation Software Does Not Provide Automatic Response
to Designation Question- Section 6096 of such Code, as amended by subsection
(b), is amended by adding at the end the following new subsection:
`(e) Ensuring Tax Preparation Software Does Not Provide Automatic Response
to Designation Question- The Secretary shall promulgate regulations to
ensure that electronic software used in the preparation or filing of individual
income tax returns does not automatically accept or decline a designation
of a payment under this section.'.
(d) Public Information Program on Designation- Section 6096 of such Code,
as amended by subsections (b) and (c), is amended by adding at the end
the following new subsection:
`(f) Public Information Program-
`(1) IN GENERAL- The Federal Election Commission shall conduct a program
to inform and educate the public regarding the purposes of the Presidential
Election Campaign Fund, the procedures for the designation of payments
under this section, and the effect of such a designation on the income
tax liability of taxpayers.
`(2) USE OF FUNDS FOR PROGRAM- Amounts in the Presidential Election
Campaign Fund shall be made available to the Federal Election Commission
to carry out the program under this subsection, except that the amount
made available for this purpose may not exceed $10,000,000 with respect
to any Presidential election cycle. In this paragraph, a `Presidential
election cycle' is the 4-year period beginning with January of the year
following a Presidential election.'.
(e) Effective Date- The amendments made by this section shall take effect
on the date of the enactment of this Act.
SEC. 8. AMOUNTS IN PRESIDENTIAL ELECTION CAMPAIGN FUND.
(a) Determination of Amounts in Fund- Section 9006(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the following new
sentence: `In making a determination of whether there are insufficient
moneys in the fund for purposes of the previous sentence, the Secretary
shall take into account in determining the balance of the fund for a Presidential
election year the Secretary's best estimate of the amount of moneys which
will be deposited into the fund during the year, except that the amount
of the estimate may not exceed the average of the annual amounts deposited
in the fund during the previous 3 years.'.
(b) Special Rule for First Campaign Cycle Under This Act-
(1) IN GENERAL- Section 9006 of such Code is amended by adding at the
end the following new subsection:
`(d) Special Authority To Borrow-
`(1) IN GENERAL- Notwithstanding subsection (c), there are authorized
to be appropriated to the fund, as repayable advances, such sums as
are necessary to carry out the purposes of the fund during the period
ending on the first presidential election occurring after the date of
the enactment of this subsection.
`(2) REPAYMENT OF ADVANCES-
`(A) IN GENERAL- Advances made to the fund shall be repaid, and interest
on such advances shall be paid, to the general fund of the Treasury
when the Secretary determines that moneys are available for such purposes
in the fund.
`(B) RATE OF INTEREST- Interest on advances made to the fund shall
be at a rate determined by the Secretary of the Treasury (as of the
close of the calendar month preceding the month in which the advance
is made) to be equal to the current average market yield on outstanding
marketable obligations of the United States with remaining periods
to maturity comparable to the anticipated period during which the
advance will be outstanding and shall be compounded annually.'.
(2) EFFECTIVE DATE- The amendment made by this subsection shall take
effect on the date of the enactment of this Act.
SEC. 9. REGULATION OF CONVENTION FINANCING.
Section 323 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441i)
is amended by adding at the end the following new subsection:
`(g) National Conventions-
`(1) IN GENERAL- Any person described in subsection (e) (other than
a person described in paragraph (3)) shall not solicit, receive, direct,
transfer, or spend any funds in connection with a presidential nominating
convention of any political party, including funds for a host committee,
civic committee, municipality, or any other person or entity spending
funds in connection with such a convention, unless such funds--
`(A) are not in excess of the amounts permitted with respect to contributions
to the political committee established and maintained by a national
political party committee under section 315; and
`(B) are not from a sources prohibited by this Act from making contributions
in connection with an election for Federal office.
`(2) EXCEPTION FOR CERTAIN PAYMENTS- Paragraph (1) shall not apply to--
`(A) payments by a Federal, State, or local government if the funds
used for the payments are from the general public tax revenues of
such government and are not derived from donations made to a State
or local government for purposes of any convention; and
`(B) payments by any person for the purpose of promoting the suitability
of a city as a convention site in advance of its selection, welcoming
convention attendees to the city, or providing shopping or entertainment
guides to convention attendees.
`(3) CERTAIN PERSONS EXCLUDED- A person described in this paragraph
is a person described in subsection (e) for whom the Federal office
referred to in that subsection is the office of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress from the State
in which the presidential nominating convention is held.'.
SEC. 10. DISCLOSURE OF BUNDLED CONTRIBUTIONS TO PRESIDENTIAL CAMPAIGNS.
(a) In General- Paragraphs (1) through (3) of section 304(i) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 434(i)), as added by section 204(a)
of the Honest Leadership and Open Government Act of 2007, are amended
to read as follows:
`(A) DISCLOSURE OF BUNDLED CONTRIBUTIONS BY LOBBYISTS- Each committee
described in paragraph (6) shall include in the first report required
to be filed under this section after each covered period (as defined
in paragraph (2)) a separate schedule setting forth the name, address,
and employer of each person reasonably known by the committee to be
a person described in paragraph (7) who provided 2 or more bundled
contributions to the committee in an aggregate amount greater than
the applicable threshold (as defined in paragraph (3)) during the
covered period, and the aggregate amount of the bundled contributions
provided by each such person during the covered period.
`(B) DISCLOSURE OF BUNDLED CONTRIBUTIONS TO PRESIDENTIAL CAMPAIGNS-
Each committee which is an authorized committee of a candidate for
the office of President or for nomination to such office shall include
in the first report required to be filed under this section after
each covered period (as defined in paragraph (2)) a separate schedule
setting forth the name, address, and employer of each person who provided
2 or more bundled contributions to the committee in an aggregate amount
greater than the applicable threshold (as defined in paragraph (3))
during the election cycle, and the aggregate amount of the bundled
contributions provided by each such person during the covered period
and such election cycle. Such schedule shall include a separate listing
of the name, address, and employer of each person included on such
schedule who is reasonably known by the committee to be a person described
in paragraph (7), together with the aggregate amount of bundled contributions
provided by such person during such period and such cycle.
`(2) COVERED PERIOD- In this subsection, a `covered period' means--
`(A) with respect to a committee which is an authorized committee
of a candidate for the office of President or for nomination to such
office--
`(i) the 4-year election cycle ending with the date of the election
for the office of the President; and
`(ii) any reporting period applicable to the committee under this
section during which any person provided 2 or more bundled contributions
to the committee; and
`(B) with respect to any other committee--
`(i) the period beginning January 1 and ending June 30 of each year;
`(ii) the period beginning July 1 and ending December 31 of each
year; and
`(iii) any reporting period applicable to the committee under this
section during which any person described in paragraph (7) provided
2 or more bundled contributions to the committee in an aggregate
amount greater than the applicable threshold.
`(3) APPLICABLE THRESHOLD-
`(A) IN GENERAL- In this subsection, the `applicable threshold' is--
`(i) $50,000 in the case of a committee which is an authorized committee
of a candidate for the office of President or for nomination to
such office; and
`(ii) $15,000 in the case of any other committee.
In determining whether the amount of bundled contributions provided
to a committee by a person exceeds the applicable threshold, there
shall be excluded any contribution made to the committee by the person
or the person's spouse.
`(B) INDEXING- In any calendar year after 2007, section 315(c)(1)(B)
shall apply to each amount applicable under subparagraph (A) in the
same manner as such section applies to the limitations established
under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section,
except that for purposes of applying such section to the amount applicable
under subparagraph (A), the `base period' shall be 2006.'.
(b) Conforming Amendments- Subsection (i) of section 304 of such Act (2
U.S.C. 434) is amended--
(1) in paragraph (5), by striking `described in paragraph (7)' each
place it appears in subparagraphs (C) and (D);
(2) in paragraph (6), by inserting `(other than a candidate for the
office of President or for nomination to such office)' after `candidate';
and
(3) in paragraph (8)(A)--
(A) by striking `, with respect to a committee described in paragraph
(6) and a person described in paragraph (7),' and inserting `, with
respect to a committee described in paragraph (6) or an authorized
committee of a candidate for the office of President or for nomination
to such office,';
(B) by striking `by the person' in clause (i) thereof and inserting
`by any person'; and
(C) by striking `the person' each place it appears in clause (ii)
and inserting `such person'.
(c) Effective Date- The amendments made by this section shall apply with
respect to reports filed under section 304 of the Federal Election Campaign
Act of 1971 after January 1, 2009.
SEC. 11. EFFECTIVE DATE.
Except as otherwise provided in this Act, the amendments made by this
Act shall apply with respect to elections occurring after January 1, 2009.
END