Government By the People Act of 2015
Amends the Internal Revenue Code (IRC) to allow a refundable credit of 50% of qualified congressional House campaign contributions paid or incurred during the taxable year (contributions of cash by an individual to a House candidate or a political committee established and maintained by a national political party if the contribution is not prohibited under the Federal Election Campaign Act of 1971 [FECA], to be known as "My Voice Federal" contributions).
Directs the Government by the People Oversight Commission, established by this Act, to launch a pilot program under which it shall select three eligible states to operate a voucher pilot program.
Requires a state under a voucher pilot program to provide each qualified individual during the election cycle, upon his or her request, with a "My Voice Voucher" worth $50, which will be assigned a routing number. Authorizes the individual to submit the My Voice Voucher to qualified federal election candidates, allocating a portion of its value in $5 increments. Requires the Commission to pay any candidate who transmits a My Voice Voucher that portion of its value which the individual allocated to the candidate. Considers this transaction a contribution by the individual to the candidate for purposes of FECA.
Requires a state operating a voucher pilot program also to permit an individual to revoke a My Voice Voucher within two days after submitting it to a candidate. Requires such a state to establish a commission or designate an existing entity to oversee and implement the program in the state, except that no such commission or entity may be composed of elected officials.
Amends FECA with respect to:
Prohibits a certified participating candidate's authorized committee from establishing a joint fundraising committee with any political committee other than another authorized committee of the candidate.
Prohibits a certified participating candidate from establishing, financing, maintaining, or controlling a leadership PAC (political action committee).
Prohibits use of contributions by a participating candidate for any purposes other than an election campaign.
Revises bundler disclosure requirements to repeal a specified exception and so require disclosure of persons who provided bundled contributions to the reporting committee.
Amends FECA to empower the FEC to petition the U.S. Supreme Court for a writ of certiorari to appeal a civil action to enforce the Act.
Requires all political committee designations, statements, and reports required to be filed under FECA to be filed: (1) directly with the FEC; and (2) in electronic form accessible by computers. Reduces to 24 hours after their receipt the deadline for the FEC to make designations, statements, reports, or notifications available to the public in the FEC office and on the Internet.
Amends the Communications Act of 1934 to set a station's lowest unit price for preemptible use as the charge for a broadcast by the national committee of a political party for an affiliated candidate.
Authorizes the FEC to revoke a broadcast station license or construction permit only for at least three willful failures to allow reasonable access to, or to permit purchase of reasonable amounts of time for the use of, a broadcasting station or cable system by a legally qualified candidate for federal office.
Amends the IRC to allow taxpayers to designate overpayments of tax for contribution to the Freedom From Influence Fund.
[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 20 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 20
To reform the financing of Congressional elections by broadening
participation by small dollar donors, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 21, 2015
Mr. Sarbanes (for himself, Ms. Pelosi, Mrs. Beatty, Mr. Becerra, Mr.
Beyer, Mr. Blumenauer, Ms. Bonamici, Mr. Brady of Pennsylvania, Ms.
Brown of Florida, Ms. Brownley of California, Mrs. Bustos, Mrs. Capps,
Mr. Capuano, Mr. Carney, Mr. Carson of Indiana, Mr. Castro of Texas,
Ms. Chu of California, Mr. Cicilline, Ms. Clark of Massachusetts, Ms.
Clarke of New York, Mr. Clyburn, Mr. Cohen, Mr. Connolly, Mr. Cooper,
Mr. Courtney, Mr. Crowley, Mr. Cummings, Mrs. Davis of California, Mr.
DeFazio, Ms. DeGette, Mr. Delaney, Ms. DeLauro, Ms. DelBene, Mr.
DeSaulnier, Mr. Deutch, Mrs. Dingell, Mr. Cartwright, Ms. Edwards, Mr.
Ellison, Mr. Engel, Ms. Esty, Mr. Farr, Mr. Foster, Ms. Frankel of
Florida, Ms. Fudge, Mr. Gallego, Mr. Grayson, Mr. Al Green of Texas,
Mr. Gene Green of Texas, Mr. Grijalva, Mr. Gutieerrez, Ms. Hahn, Mr.
Hastings, Mr. Heck of Washington, Mr. Himes, Ms. Norton, Mr. Honda, Mr.
Hoyer, Mr. Huffman, Mr. Israel, Ms. Eddie Bernice Johnson of Texas, Mr.
Johnson of Georgia, Mr. Jones, Ms. Kaptur, Mr. Kennedy, Mr. Kilmer, Mr.
Kind, Mrs. Kirkpatrick, Mr. Langevin, Mr. Larsen of Washington, Mr.
Larson of Connecticut, Ms. Lee, Mr. Lewis, Mr. Lieu of California, Mr.
Loebsack, Ms. Lofgren, Mr. Lowenthal, Mrs. Lowey, Ms. Michelle Lujan
Grisham of New Mexico, Mr. Lynch, Mrs. Carolyn B. Maloney of New York,
Mr. Sean Patrick Maloney of New York, Ms. Matsui, Ms. McCollum, Mr.
McDermott, Mr. McGovern, Ms. Kuster, Mr. McNerney, Mr. Meeks, Ms. Meng,
Ms. Moore, Mr. Murphy of Florida, Mr. Nadler, Mrs. Napolitano, Mr.
Nolan, Mr. O'Rourke, Mr. Pallone, Mr. Pascrell, Mr. Perlmutter, Mr.
Peters, Ms. Pingree, Mr. Pocan, Mr. Polis, Mr. Quigley, Mr. Rangel, Mr.
Ben Ray Lujaan of New Mexico, Miss Rice of New York, Ms. Roybal-Allard,
Mr. Ruppersberger, Mr. Rush, Ms. Schakowsky, Mr. Schrader, Mr. Scott of
Virginia, Mr. Serrano, Ms. Sewell of Alabama, Mr. Sherman, Mr. Sires,
Ms. Slaughter, Mr. Smith of Washington, Ms. Speier, Mr. Swalwell of
California, Mr. Takai, Mr. Takano, Mr. Thompson of California, Mr.
Tonko, Ms. Tsongas, Mr. Van Hollen, Mr. Vargas, Mr. Walz, Ms. Wasserman
Schultz, Mr. Welch, Ms. Wilson of Florida, Mr. Yarmuth, Ms. Kelly of
Illinois, Mr. Bera, Ms. Adams, Mr. Danny K. Davis of Illinois, Mrs.
Watson Coleman, Mr. Conyers, and Mr. Butterfield) introduced the
following bill; which was referred to the Committee on House
Administration, and in addition to the Committees on Energy and
Commerce and Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To reform the financing of Congressional elections by broadening
participation by small dollar donors, 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 ``Government By the
People Act of 2015''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PARTICIPATION IN FUNDING OF ELECTIONS
Subtitle A--My Voice Tax Credit
Sec. 101. Refundable tax credit for congressional House campaign
contributions.
Subtitle B--My Voice Voucher Pilot Program
Sec. 111. Establishment of pilot program.
Sec. 112. Voucher program described.
Sec. 113. Reports.
Sec. 114. Election cycle defined.
TITLE II--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
Sec. 201. Benefits and eligibility requirements for candidates.
``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``Sec. 501. Benefits for participating candidates.
``Sec. 502. Procedures for making payments.
``Sec. 503. Use of funds.
``Sec. 504. Qualified small dollar contributions described.
``Subtitle B--Eligibility and Certification
``Sec. 511. Eligibility.
``Sec. 512. Qualifying requirements.
``Sec. 513. Certification.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``Sec. 521. Contribution and expenditure requirements.
``Sec. 522. Administration of campaign.
``Sec. 523. Preventing unnecessary spending of public funds.
``Sec. 524. Remitting unspent funds after election.
``Subtitle D--Enhanced Match Support
``Sec. 531. Enhanced support for general election.
``Sec. 532. Eligibility.
``Sec. 533. Amount.
``Sec. 534. Waiver of authority to retain portion of unspent
funds after election.
``Subtitle E--Administrative Provisions
``Sec. 541. Freedom From Influence Fund.
``Sec. 542. Government by the People Oversight Commission.
``Sec. 543. Administration by Commission.
``Sec. 544. Violations and penalties.
``Sec. 545. Appeals process.
``Sec. 546. Indexing of amounts.
``Sec. 547. Election cycle defined.
Sec. 202. Contributions and expenditures by multicandidate and
political party political committees on
behalf of participating candidates.
Sec. 203. Prohibiting use of contributions by participating candidates
for purposes other than campaign for
election.
TITLE III--OTHER ADMINISTRATIVE REFORMS
Sec. 301. Expanding requirement to disclose bundlers who are registered
lobbyists to all bundlers.
Sec. 302. Petition for certiorari.
Sec. 303. Filing by all candidates with Commission.
Sec. 304. Electronic filing of FEC reports.
Sec. 305. Effective date.
TITLE IV--EXPANDING CANDIDATE ACCESS TO ADVERTISING
Sec. 401. Broadcasts by candidates.
TITLE V--CONTRIBUTIONS TO FREEDOM FROM INFLUENCE FUND
Sec. 501. Voluntary contributions to the Freedom From Influence Fund.
TITLE VI--MISCELLANEOUS PROVISIONS
Sec. 601. Severability.
TITLE I--PARTICIPATION IN FUNDING OF ELECTIONS
Subtitle A--My Voice Tax Credit
SEC. 101. REFUNDABLE TAX CREDIT FOR CONGRESSIONAL HOUSE CAMPAIGN
CONTRIBUTIONS.
(a) In General.--Subpart C of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to refundable credits)
is amended by inserting after section 36B the following new section:
``SEC. 36C. CREDIT FOR CONGRESSIONAL HOUSE CAMPAIGN CONTRIBUTIONS.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by this subtitle an amount
equal to 50 percent of the qualified My Voice Federal congressional
House campaign contributions paid or incurred by the taxpayer during
the taxable year.
``(b) Limitations.--
``(1) Dollar limitation.--The amount of qualified My Voice
Federal congressional House campaign contributions taken into
account under subsection (a) for the taxable year shall not
exceed $50 (twice such amount in the case of a joint return).
``(2) Limitation on contributions to federal congressional
house candidates.--No credit shall be allowed under this
section to any taxpayer for any taxable year if such taxpayer
made aggregate contributions in excess of $300 during the
taxable year to--
``(A) any single Federal congressional House
candidate, or
``(B) any political committee established and
maintained by a national political party.
``(3) Provision of information.--No credit shall be allowed
under this section to any taxpayer unless the taxpayer provides
the Secretary with such information as the Secretary may
require to verify the taxpayer's eligibility for the credit and
the amount of the credit for the taxpayer.
``(4) Ineligibility of individuals receiving my voice
vouchers.--
``(A) In general.--No credit shall be allowed under
this section with respect to any individual for any
taxable year which occurs during an election cycle in
which such individual received a My Voice Voucher under
subtitle B of title I of the Government By the People
Act of 2015. In the case of a joint return with respect
to which this paragraph applies to one of the spouses,
such return shall not be treated as a joint return for
purposes of determining the dollar limitation under
paragraph (1).
``(B) Election cycle defined.--In subparagraph (A),
the term `election cycle' has the meaning given such
term in section 114 of the Government By the People Act
of 2015.
``(c) Qualified My Voice Federal Congressional House Campaign
Contributions.--For purposes of this section, the term `My Voice
Federal congressional House campaign contribution' means any
contribution of cash by an individual to a Federal congressional House
candidate or to a political committee established and maintained by a
national political party if such contribution is not prohibited under
the Federal Election Campaign Act of 1971.
``(d) Federal Congressional House Candidate.--For purposes of this
section--
``(1) In general.--The term `Federal congressional House
candidate' means any candidate for election to the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress.
``(2) Treatment of authorized committees.--Any contribution
made to an authorized committee of a Federal congressional
House candidate shall be treated as made to such candidate.
``(e) Inflation Adjustment.--
``(1) In general.--In the case of a taxable year beginning
after 2015, the $50 amount under subsection (b)(1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined
under section 1(f)(3) for the calendar year in which
the taxable year begins, determined by substituting
`calendar year 2015' for `calendar year 1992' in
subparagraph (B) thereof.
``(2) Rounding.--If any amount as adjusted under
subparagraph (A) is not a multiple of $5, such amount shall be
rounded to the nearest multiple of $5.''.
(b) Conforming Amendments.--
(1) Section 6211(b)(4)(A) of such Code is amended by
inserting ``36C,'' after ``36B,''.
(2) Section 1324(b)(2) of title 31, United States Code, is
amended by inserting ``36C,'' after ``36B,''.
(3) The table of sections for subpart C of part IV of
subchapter A of chapter 1 of the Internal Revenue Code of 1986
is amended by inserting after the item relating to section 36B
the following new item:
``Sec. 36C. Credit for congressional House campaign contributions.''.
(c) Forms.--The Secretary of the Treasury, or his designee, shall
ensure that the credit for contributions to Federal congressional House
candidates allowed under section 36C of the Internal Revenue Code of
1986, as added by this section, may be claimed on Forms 1040EZ and
1040A.
(d) Administration.--At the request of the Secretary of the
Treasury, the Federal Election Commission shall provide the Secretary
of the Treasury with such information and other assistance as the
Secretary may reasonably require to administer the credit allowed under
section 36C of the Internal Revenue Code of 1986, as added by this
section.
(e) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2014.
Subtitle B--My Voice Voucher Pilot Program
SEC. 111. ESTABLISHMENT OF PILOT PROGRAM.
(a) Establishment.--The Government by the People Oversight
Commission established under section 542 of the Federal Election
Campaign Act of 1971 (as added by section 201) (hereafter in this
subtitle referred to as the ``Commission'') shall establish a pilot
program under which the Commission shall select 3 eligible States to
operate a voucher pilot program which is described in section 112.
(b) Eligibility of States.--A State is eligible to be selected to
operate a voucher pilot program under this subtitle if the State
submits to the Commission (at such time during the application period
and in such form as the Commission may require) an application
containing--
(1) information and assurances that the State will operate
a voucher program which contains the elements described in
section 112(a);
(2) information and assurances that the State will
establish fraud prevention mechanisms described in section
112(b);
(3) information and assurances that the State will
establish a commission to oversee and implement the program as
described in section 112(c);
(4) information and assurances that the State will submit
reports as required under section 113; and
(5) such other information and assurances as the Commission
may require.
(c) Timing of Program.--
(1) Issuance of initial guidance.--Not later than 90 days
after the appointment of a quorum of its members, the
Commission shall issue initial guidance regarding the process
by which States may apply to operate voucher pilot programs
under this subtitle and initial guidance regarding the
implementation of such programs.
(2) Selection of participating states.--The Commission
shall select the 3 States which will operate voucher pilot
programs under this subtitle not later than 90 days before the
end of the application period.
(3) Period of operation of program.--Each State selected to
operate a voucher pilot program under this subtitle shall
operate such program during each of the 3 election cycles which
begin after the application period, and shall ensure that the
program is ready to be operated not later than the first
January 1 of the first election cycle which begins after the
application period.
(4) Termination.--Each voucher pilot program under this
subtitle shall terminate as of the first day after the third
election cycle during which the State operated the program.
(d) Reimbursement of Costs.--Upon receiving the report submitted by
a State under section 113 with respect to an election cycle, the
Commission shall transmit a payment to the State in an amount equal to
the reasonable costs incurred by the State in operating the voucher
pilot program under this subtitle during the cycle.
(e) Application Period Defined.--In this section, the term
``application period'' means the first election cycle which begins
after the date of the enactment of this Act.
SEC. 112. VOUCHER PROGRAM DESCRIBED.
(a) General Elements of Program.--
(1) Elements described.--The elements of a voucher pilot
program operated by a State under this subtitle are as follows:
(A) The State shall provide each qualified
individual upon the individual's request with a voucher
worth $50 to be known as a ``My Voice Voucher'' during
the election cycle which will be assigned a routing
number and which at the option of the individual will
be provided in either paper or electronic form.
(B) Using the routing number assigned to the My
Voice Voucher, the individual may submit the My Voice
Voucher in either electronic or paper form to qualified
candidates for election for Federal office and allocate
such portion of the value of the My Voice Voucher in
increments of $5 as the individual may select to any
such candidate.
(C) If the candidate transmits the My Voice Voucher
to the Commission, the Commission shall pay the
candidate the portion of the value of the My Voice
Voucher that the individual allocated to the candidate,
which shall be considered a contribution by the
individual to the candidate for purposes of the Federal
Election Campaign Act of 1971.
(2) Designation of qualified individuals.--For purposes of
paragraph (1)(A), a ``qualified individual'' with respect to a
State means an individual--
(A) who is a resident of the State;
(B) who will be of voting age as of the date of the
election for the candidate to whom the individual
submits a My Voice Voucher;
(C) who is not prohibited under Federal law from
making contributions to candidates for election for
Federal office; and
(D) who meets such other requirements as the State
may impose, except that the State may not require the
individual to be a registered voter in the State as a
condition of being a qualified individual.
(b) Fraud Prevention Mechanism.--In addition to the elements
described in subsection (a), a State operating a voucher pilot program
under this subtitle shall permit an individual to revoke a My Voice
Voucher not later than 2 days after submitting the My Voice Voucher to
a candidate.
(c) Oversight Commission.--In addition to the elements described in
subsection (a), a State operating a voucher pilot program under this
subtitle shall establish a commission or designate an existing entity
to oversee and implement the program in the State, except that no such
commission or entity may be comprised of elected officials.
SEC. 113. REPORTS.
(a) Election Cycle Reports.--Not later than 6 months after each
election cycle during which a State operates a voucher pilot program
under this subtitle, the State shall submit a report to the Commission
analyzing the operation and effectiveness of the program during the
cycle and including such other information as the Commission may
require.
(b) Final Report.--Not later than 6 months after the termination of
the voucher pilot programs under this subtitle, each State which
operated such a program shall submit a final report to the Commission
on the operation of the program during the previous election cycles,
and shall include in each such report such recommendations as the State
considers appropriate regarding the expansion of the pilot program to
all States and territories, along with such other recommendations and
other information as the Commission may require.
SEC. 114. ELECTION CYCLE DEFINED.
In this subtitle, the term ``election cycle'' means the period
beginning on the day after the date of the most recent regularly
scheduled general election for Federal office and ending on the date of
the next regularly scheduled general election for Federal office.
TITLE II--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
SEC. 201. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR CANDIDATES.
The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.)
is amended by adding at the end the following:
``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--If a candidate for election to the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress is certified as a participating candidate under this title
with respect to an election for such office, the candidate shall be
entitled to payments as provided under this title.
``(b) Amount of Payment.--
``(1) In general.--The amount of a payment made under this
title shall be equal to 600 percent of the amount of qualified
small dollar contributions received by the candidate since the
most recent payment made to the candidate under this title
during the election cycle, without regard to whether or not the
candidate received any of the contributions before, during, or
after the Small Dollar Democracy qualifying period applicable
to the candidate under section 511(c).
``(2) Increase in payment for candidates accepting greater
restrictions.--In the case of a candidate who exercises the
option described in section 521(a)(2) to accept greater
restrictions on the permissible sources of contributions and
expenditures, the amount of the payment under this subsection
shall be the amount otherwise determined under paragraph (1)
increased by 50 percent.
``(c) Limit on Aggregate Amount of Payments.--The aggregate amount
of payments made to a participating candidate with respect to an
election cycle under this title may not exceed 50 percent (or, in the
case of a candidate who exercises the option described in section
521(a)(2) to accept greater restrictions on the permissible sources of
contributions and expenditures, 100 percent) of the average of the 20
greatest amounts of disbursements made by the authorized committees of
any winning candidate for the office of Representative in, or Delegate
or Resident Commissioner to, the Congress during the most recent
election cycle, rounded to the nearest $100,000.
``SEC. 502. PROCEDURES FOR MAKING PAYMENTS.
``(a) In General.--The Commission shall make a payment under
section 501 to a candidate who is certified as a participating
candidate upon receipt from the candidate of a request for a payment
which includes--
``(1) a statement of the number and amount of qualified
small dollar contributions received by the candidate since the
most recent payment made to the candidate under this title
during the election cycle;
``(2) a statement of the amount of the payment the
candidate anticipates receiving with respect to the request;
``(3) a statement of the total amount of payments the
candidate has received under this title as of the date of the
statement; and
``(4) such other information and assurances as the
Commission may require.
``(b) Restrictions on Submission of Requests.--A candidate may not
submit a request under subsection (a) unless each of the following
applies:
``(1) The amount of the qualified small dollar
contributions in the statement referred to in subsection (a)(1)
is equal to or greater than $5,000, unless the request is
submitted during the 30-day period which ends on the date of a
general election.
``(2) Of the total number of individuals who have made
qualified small dollar contributions to the candidate as of the
date of the request (including individuals whose contributions
were included in a previous request under subsection (a) and
individuals who made such contributions during the Small Dollar
Democracy qualifying period described in section 511(c)), at
least 50 percent are residents of the State in which the
candidate seeks election.
``(3) The candidate did not receive a payment under this
title during the 7-day period which ends on the date the
candidate submits the request.
``(c) Time of Payment.--The Commission shall ensure that payments
under this section are made from the Treasury not later than 2 business
days after the receipt of a request submitted under subsection (a).
``SEC. 503. USE OF FUNDS.
``A candidate shall use payments made under this title, including
payments provided with respect to a previous election cycle which are
withheld from remittance to the Commission in accordance with section
524(a)(2), only for making direct payments for the receipt of goods and
services (including legal fees related to the election or a legal
challenge to the results of the election) which constitute authorized
expenditures (as determined in accordance with title III) in connection
with the election cycle involved.
``SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DESCRIBED.
``(a) In General.--In this title, the term `qualified small dollar
contribution' means, with respect to a candidate and the authorized
committees of a candidate, a contribution that meets the following
requirements:
``(1) The contribution is in an amount that is--
``(A) not less than $1; and
``(B) not more than $150.
``(2) The contribution is made by an individual, either
directly or through an intermediary or conduit (as described in
section 315(a)(8)), who is not otherwise prohibited from making
a contribution under this Act.
``(3) The individual who makes the contribution does not
make contributions to the candidate or the authorized
committees of the candidate with respect to the election
involved in an aggregate amount that exceeds the amount
described in paragraph (1)(B), or any contribution to the
candidate or the authorized committees of the candidate with
respect to the election involved that otherwise is not a
qualified small dollar contribution.
``(b) Treatment of My Voice Tax Credits and My Voice Vouchers.--Any
payment received by a candidate and the authorized committees of a
candidate which is treated as a qualified My Voice Federal
congressional House campaign contribution under section 36C of the
Internal Revenue Code of 1986 or which consists of a My Voice Voucher
under subtitle B of title I of the Government By the People Act of 2015
shall be considered a qualified small dollar contribution for purposes
of this title, so long as the individual making the payment meets the
requirements of paragraphs (2) and (3) of subsection (a).
``(c) Restriction on Subsequent Contributions.--
``(1) Prohibiting donor from making subsequent non-
qualified contributions during election cycle.--
``(A) In general.--An individual who makes a
qualified small dollar contribution to a candidate or
the authorized committees of a candidate with respect
to an election may not make any subsequent contribution
to such candidate or the authorized committees of such
candidate with respect to the election cycle which is
not a qualified small dollar contribution.
``(B) Exception for contributions to candidates who
voluntarily withdraw from participation during
qualifying period.--Subparagraph (A) does not apply
with respect to a contribution made to a candidate who,
during the Small Dollar Democracy qualifying period
described in section 511(c), submits a statement to the
Commission under section 513(c) to voluntarily withdraw
from participating in the program under this title.
``(2) Treatment of subsequent non-qualified
contributions.--If, notwithstanding the prohibition described
in paragraph (1), an individual who makes a qualified small
dollar contribution to a candidate or the authorized committees
of a candidate with respect to an election makes a subsequent
contribution to such candidate or the authorized committees of
such candidate with respect to the election which is prohibited
under paragraph (1) because it is not a qualified small dollar
contribution, the candidate may take one of the following
actions:
``(A) Not later than 2 weeks after receiving the
contribution, the candidate may return the subsequent
contribution to the individual.
``(B) Unless the candidate has exercised the option
described in section 521(a)(2) to accept greater
restrictions on the permissible sources of
contributions and expenditures, the candidate may
retain the subsequent contribution, so long as not
later than 2 weeks after receiving the subsequent
contribution, the candidate remits to the Commission
for deposit in the Freedom From Influence Fund under
section 541 an amount equal to any payments received by
the candidate under this title which are attributable
to the qualified small dollar contribution made by the
individual involved.
``(3) No effect on ability to make multiple
contributions.--Nothing in this section may be construed to
prohibit an individual from making multiple qualified small
dollar contributions to any candidate or any number of
candidates, so long as each contribution meets each of the
requirements of paragraphs (1), (2), and (3) of subsection (a).
``(d) Notification Requirements for Candidates.--
``(1) Notification.--Each authorized committee of a
candidate who seeks to be a participating candidate under this
title shall provide the following information in any materials
for the solicitation of contributions, including any Internet
site through which individuals may make contributions to the
committee:
``(A) A statement that if the candidate is
certified as a participating candidate under this
title, the candidate will receive matching payments in
an amount which is based on the total amount of
qualified small dollar contributions received.
``(B) A statement that a contribution which meets
the requirements set forth in subsection (a) shall be
treated as a qualified small dollar contribution under
this title unless the contributor notifies the
committee not later than 48 hours after making the
contribution that the contribution is not to be so
treated.
``(C) A statement that if a contribution is treated
as qualified small dollar contribution under this
title, the individual who makes the contribution may
not make any contribution to the candidate or the
authorized committees of the candidate during the
election cycle which is not a qualified small dollar
contribution.
``(2) Alternative methods of meeting requirements.--An
authorized committee may meet the requirements of paragraph
(1)--
``(A) by including the information described in
paragraph (1) in the receipt provided under section
512(b)(3) to a person making a qualified small dollar
contribution; or
``(B) by modifying the information it provides to
persons making contributions which is otherwise
required under title III (including information it
provides through the Internet).
``Subtitle B--Eligibility and Certification
``SEC. 511. ELIGIBILITY.
``(a) In General.--A candidate for the office of Representative in,
or Delegate or Resident Commissioner to, the Congress is eligible to be
certified as a participating candidate under this title with respect to
an election if the candidate meets the following requirements:
``(1) The candidate files with the Commission a statement
of intent to seek certification as a participating candidate,
and specifies in the statement whether the candidate intends to
exercise the option described in section 521(a)(2) to accept
greater restrictions on the permissible sources of
contributions and expenditures.
``(2) The candidate meets the qualifying requirements of
section 512.
``(3) The candidate files with the Commission a statement
certifying that the authorized committees of the candidate meet
the requirements of section 504(d).
``(4) Not later than the last day of the Small Dollar
Democracy qualifying period, the candidate files with the
Commission an affidavit signed by the candidate and the
treasurer of the candidate's principal campaign committee
declaring that the candidate--
``(A) has complied and, if certified, will comply
with the contribution and expenditure requirements of
section 521;
``(B) if certified, will run only as a
participating candidate for all elections for the
office that such candidate is seeking during that
election cycle; and
``(C) has either qualified or will take steps to
qualify under State law to be on the ballot.
``(b) General Election.--Notwithstanding subsection (a), a
candidate shall not be eligible to be certified as a participating
candidate under this title for a general election or a general runoff
election unless the candidate's party nominated the candidate to be
placed on the ballot for the general election or the candidate is
otherwise qualified to be on the ballot under State law.
``(c) Small Dollar Democracy Qualifying Period Defined.--The term
`Small Dollar Democracy qualifying period' means, with respect to any
candidate for an office, the 180-day period (during the election cycle
for such office) which begins on the date on which the candidate files
a statement of intent under section 511(a)(1), except that such period
may not continue after the date that is 30 days before the date of the
general election for the office.
``SEC. 512. QUALIFYING REQUIREMENTS.
``(a) Receipt of Qualified Small Dollar Contributions From In-State
Residents.--A candidate for the office of Representative in, or
Delegate or Resident Commissioner to, the Congress meets the
requirement of this section if, during the Small Dollar Democracy
qualifying period described in section 511(c), each of the following
occurs:
``(1) Not fewer than 1,000 individuals who are residents of
the State in which the candidate seeks election make a
qualified small dollar contribution to the candidate.
``(2) The candidate obtains a total dollar amount of
qualified small dollar contributions from individuals who are
residents of the State in which the candidate seeks election
which is equal to or greater than $50,000.
``(b) Requirements Relating to Receipt of Qualified Small Dollar
Contribution.--Each qualified small dollar contribution--
``(1) may be made by means of a personal check, money
order, debit card, credit card, electronic payment account, or
any other method deemed appropriate by the Commission;
``(2) shall be accompanied by a signed statement (or, in
the case of a contribution made online or through other
electronic means, an electronic equivalent) containing--
``(A) the contributor's name and the contributor's
address in the State in which the primary residence of
the contributor is located, and
``(B) an oath declaring that the contributor--
``(i) understands that the purpose of the
contribution is to show support for the
candidate so that the candidate may qualify for
financing under this title,
``(ii) is making the contribution in his or
her own name and from his or her own funds,
``(iii) has made the contribution
willingly, and
``(iv) has not received any thing of value
in return for the contribution; and
``(3) shall be acknowledged by a receipt that is sent to
the contributor with a copy (in paper or electronic form) kept
by the candidate for the Commission and a copy (in paper or
electronic form) kept by the candidate for the election
authorities in the State with respect to which the candidate is
seeking election.
``(c) Verification of Qualified Small Dollar Contributions.--The
Commission shall establish procedures for the auditing and verification
of qualified small dollar contributions, including procedures for
random audits, to ensure that such contributions meet the requirements
of this section.
``SEC. 513. CERTIFICATION.
``(a) Deadline and Notification.--
``(1) In general.--Not later than 5 days after a candidate
files an affidavit under section 511(a)(3), the Commission
shall--
``(A) determine whether or not the candidate meets
the requirements for certification as a participating
candidate;
``(B) if the Commission determines that the
candidate meets such requirements, certify the
candidate as a participating candidate; and
``(C) notify the candidate of the Commission's
determination.
``(2) Deemed certification for all elections in election
cycle.--If the Commission certifies a candidate as a
participating candidate with respect to the first election of
the election cycle involved, the Commissioner shall be deemed
to have certified the candidate as a participating candidate
with respect to all subsequent elections of the election cycle.
``(b) Revocation of Certification.--
``(1) In general.--The Commission may revoke a
certification under subsection (a) if--
``(A) a candidate fails to qualify to appear on the
ballot at any time after the date of certification
(other than a candidate certified as a participating
candidate with respect to a primary election who fails
to qualify to appear on the ballot for a subsequent
election in that election cycle);
``(B) a candidate ceases to be a candidate for the
office involved, as determined on the basis of an
official announcement by an authorized committee of the
candidate or on the basis of a reasonable determination
by the Commission; or
``(C) a candidate otherwise fails to comply with
the requirements of this title, including any
regulatory requirements prescribed by the Commission.
``(2) Existence of repeated or serious violations.--The
Commission shall revoke a certification under subsection (a) if
a penalty is assessed against the candidate under section
309(d) with respect to the election.
``(3) Effect of revocation.--If a candidate's certification
is revoked under this subsection--
``(A) the candidate shall repay to the Freedom From
Influence Fund established under section 541 an amount
equal to the payments received under this title with
respect to the election cycle involved plus interest
(at a rate determined by the Commission on the basis of
an appropriate annual percentage rate for the month
involved) on any such amount received;
``(B) the candidate may not receive payments under
this title during the remainder of the election cycle
involved; and
``(C) the candidate may not be certified as a
participating candidate under this title with respect
to the next election cycle.
``(4) Prohibiting participation in future elections for
candidates with multiple revocations.--If the Commission
revokes the certification of an individual as a participating
candidate under this title 3 times, the individual may not be
certified as a participating candidate under this title with
respect to any subsequent election.
``(c) Voluntary Withdrawal From Participating During Qualifying
Period.--At any time during the Small Dollar Democracy qualifying
period described in section 511(c), a candidate may withdraw from
participation in the program under this title by submitting to the
Commission a statement of withdrawal (without regard to whether or not
the Commission has certified the candidate as a participating candidate
under this title as of the time the candidate submits such statement),
so long as the candidate has not submitted a request for payment under
section 502.
``(d) Participating Candidate Defined.--In this title, a
`participating candidate' means a candidate for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress who is certified under this section as eligible to receive
benefits under this title.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
``(a) Permitted Sources of Contributions and Expenditures.--
``(1) In general.--Except as provided in subsection (c), a
participating candidate with respect to an election shall, with
respect to all elections occurring during the election cycle
for the office involved, accept no contributions from any
source and make no expenditures from any amounts, other than
the following:
``(A) Qualified small dollar contributions.
``(B) Payments under this title.
``(C) Contributions from political committees
established and maintained by a national or State
political party, subject to the applicable limitations
of section 315.
``(D) Subject to subsection (b), personal funds of
the candidate or of any immediate family member of the
candidate (other than funds received through qualified
small dollar contributions).
``(E) Contributions from individuals who are
otherwise permitted to make contributions under this
Act, subject to the applicable limitations of section
315, except that the aggregate amount of contributions
a participating candidate may accept from any
individual with respect to any election during the
election cycle may not exceed $1,000.
``(F) Contributions from multicandidate political
committees, subject to the applicable limitations of
section 315.
``(2) Option to accept stricter limits.--A participating
candidate with respect to an election may, at the time of
submitting the first request for payment under section 502(a),
exercise an option to accept no contributions from any source
and make no expenditures from any amounts with respect to all
elections occurring during the election cycle for the office
involved, other than the following:
``(A) Qualified small dollar contributions.
``(B) Payments under this title.
``(C) Subject to subsection (b), personal funds of
the candidate or of any immediate family member of the
candidate (other than funds received through qualified
small dollar contributions).
``(D) Contributions from individuals who are
otherwise permitted to make contributions under this
Act, subject to the applicable limitations of section
315, except that--
``(i) the aggregate amount of contributions
the candidate may accept from any individual
with respect to any election during the
election cycle may not exceed $1,000;
``(ii) the aggregate amount of
contributions a candidate may accept from all
individuals under this subparagraph with
respect to the election cycle may not exceed
$50,000; and
``(iii) the candidate may not accept any
contributions under this subparagraph after the
date on which the Commission notifies the
candidate under section 513(a) that the
candidate is certified as a participating
candidate under this title.
``(b) Special Rules for Personal Funds.--
``(1) Limit on amount.--A candidate who is certified as a
participating candidate may use personal funds (including
personal funds of any immediate family member of the candidate)
so long as--
``(A) the aggregate amount used with respect to the
election cycle (including any period of the cycle
occurring prior to the candidate's certification as a
participating candidate) does not exceed $10,000; and
``(B) the funds are used only for making direct
payments for the receipt of goods and services which
constitute authorized expenditures in connection with
the election cycle involved.
``(2) Immediate family member defined.--In this subsection,
the term `immediate family' means, with respect to a
candidate--
``(A) the candidate's spouse;
``(B) a child, stepchild, parent, grandparent,
brother, half-brother, sister, or half-sister of the
candidate or the candidate's spouse; and
``(C) the spouse of any person described in
subparagraph (B).
``(c) Exceptions.--
``(1) Exception for contributions received prior to filing
of statement of intent.--A candidate who has accepted
contributions that are not described in paragraph (1) of
subsection (a) (or, in the case of a candidate who has
exercised the option described in paragraph (2) of subsection
(a), that are not described in paragraph (2) of subsection (a))
is not in violation of subsection (a), but only if all such
contributions are--
``(A) returned to the contributor;
``(B) submitted to the Commission for deposit in
the Freedom From Influence Fund established under
section 541; or
``(C) spent in accordance with paragraph (2).
``(2) Exception for expenditures made prior to filing of
statement of intent.--If a candidate has made expenditures
prior to the date the candidate files a statement of intent
under section 511(a)(1) that the candidate is prohibited from
making under subsection (a) or subsection (b), the candidate is
not in violation of such subsection if the aggregate amount of
the prohibited expenditures is less than the amount referred to
in section 512(a)(2) (relating to the total dollar amount of
qualified small dollar contributions which the candidate is
required to obtain) which is applicable to the candidate.
``(3) Exception for campaign surpluses from a previous
election.--Notwithstanding paragraph (1), unexpended
contributions received by the candidate or an authorized
committee of the candidate with respect to a previous election
may be retained, but only if the candidate places the funds in
escrow and refrains from raising additional funds for or
spending funds from that account during the election cycle in
which a candidate is a participating candidate.
``(4) Exception for contributions received before the
effective date of this title.--Contributions received and
expenditures made by the candidate or an authorized committee
of the candidate prior to the effective date of this title
shall not constitute a violation of subsection (a) or (b).
Unexpended contributions shall be treated the same as campaign
surpluses under paragraph (3), and expenditures made shall
count against the limit in paragraph (2).
``(d) Special Rule for Coordinated Party Expenditures.--For
purposes of this section, a payment made by a political party in
coordination with a participating candidate shall not be treated as a
contribution to or as an expenditure made by the participating
candidate.
``(e) Prohibition on Joint Fundraising Committees.--
``(1) Prohibition.--An authorized committee of a candidate
who is certified as a participating candidate under this title
with respect to an election may not establish a joint
fundraising committee with a political committee other than
another authorized committee of the candidate.
``(2) Status of existing committees for prior elections.--
If a candidate established a joint fundraising committee
described in paragraph (1) with respect to a prior election for
which the candidate was not certified as a participating
candidate under this title and the candidate does not terminate
the committee, the candidate shall not be considered to be in
violation of paragraph (1) so long as that joint fundraising
committee does not receive any contributions or make any
disbursements during the election cycle for which the candidate
is certified as a participating candidate under this title.
``(f) Prohibition on Leadership PACs.--
``(1) Prohibition.--A candidate who is certified as a
participating candidate under this title with respect to an
election may not establish, finance, maintain, or control a
leadership PAC.
``(2) Status of existing leadership pacs.--If a candidate
established, financed, maintained, or controlled a leadership
PAC prior to being certified as a participating candidate under
this title and the candidate does not terminate the leadership
PAC, the candidate shall not be considered to be in violation
of paragraph (1) so long as the leadership PAC does not receive
any contributions or make any disbursements during the election
cycle for which the candidate is certified as a participating
candidate under this title.
``(3) Leadership pac defined.--In this subsection, the term
`leadership PAC' has the meaning given such term in section
304(i)(8)(B).
``SEC. 522. ADMINISTRATION OF CAMPAIGN.
``(a) Separate Accounting for Various Permitted Contributions.--
Each authorized committee of a candidate certified as a participating
candidate under this title--
``(1) shall provide for separate accounting of each type of
contribution described in paragraph (1) of section 521(a) (or
described in paragraph (2) of section 521(a) in the case of a
candidate who exercises the option described in such paragraph)
which is received by the committee; and
``(2) shall provide for separate accounting for the
payments received under this title.
``(b) Enhanced Disclosure of Information on Donors.--
``(1) Mandatory identification of individuals making
qualified small dollar contributions.--Each authorized
committee of a participating candidate under this title shall
elect, in accordance with section 304(b)(3)(A), to include in
the reports the committee submits under section 304 the
identification of each person who makes a qualified small
dollar contribution to the committee.
``(2) Mandatory disclosure through internet.--Each
authorized committee of a participating candidate under this
title shall ensure that all information reported to the
Commission under this Act with respect to contributions and
expenditures of the committee is available to the public on the
Internet (whether through a site established for purposes of
this subsection, a hyperlink on another public site of the
committee, or a hyperlink on a report filed electronically with
the Commission) in a searchable, sortable, and downloadable
manner.
``SEC. 523. PREVENTING UNNECESSARY SPENDING OF PUBLIC FUNDS.
``(a) Mandatory Spending of Available Private Funds.--An authorized
committee of a candidate certified as a participating candidate under
this title may not make any expenditure of any payments received under
this title in any amount unless the committee has made an expenditure
in an equivalent amount of funds received by the committee which are
described in subparagraphs (C), (D), and (E) of paragraph (1) of
section 521(a) (or described in subparagraph (C) of paragraph (2) of
section 521(a) in the case of a candidate who exercises the option
described in such paragraph).
``(b) Limitation.--Subsection (a) applies to an authorized
committee only to the extent that the funds referred to in such
subsection are available to the committee at the time the committee
makes an expenditure of a payment received under this title.
``SEC. 524. REMITTING UNSPENT FUNDS AFTER ELECTION.
``(a) Remittance Required.--
``(1) In general.--Not later than the date that is 180 days
after the last election for which a candidate certified as a
participating candidate qualifies to be on the ballot during
the election cycle involved, such participating candidate shall
remit to the Commission for deposit in the Freedom From
Influence Fund established under section 541 an amount equal to
the balance of the payments received under this title by the
authorized committees of the candidate which remain unexpended
as of such date.
``(2) Permitting candidates participating in next election
cycle to retain portion of unspent funds.--Notwithstanding
paragraph (1), a participating candidate may withhold not more
than $100,000 (or, in the case of a candidate who exercises the
option described in section 521(a)(2) to accept greater
restrictions on the permissible sources of contributions and
expenditures, not more than $200,000) from the amount required
to be remitted under paragraph (1) if the candidate files a
signed affidavit with the Commission that the candidate will
seek certification as a participating candidate with respect to
the next election cycle, except that the candidate may not use
any portion of the amount withheld until the candidate is
certified as a participating candidate with respect to that
next election cycle. If the candidate fails to seek
certification as a participating candidate prior to the last
day of the Small Dollar Democracy qualifying period for the
next election cycle (as described in section 511), or if the
Commission notifies the candidate of the Commission's
determination does not meet the requirements for certification
as a participating candidate with respect to such cycle, the
candidate shall immediately remit to the Commission the amount
withheld.
``(b) Exception for Expenses Incurred as a Result of Contested
Election.--
``(1) In general.--A candidate may withhold from the amount
required to be remitted under subsection (a) the amount of any
authorized expenditures which were incurred as the result of a
legal challenge to the results of the election, except that any
amount withheld pursuant to this paragraph shall be remitted to
the Commission not later than 120 days after the date of the
election to which such subsection applies.
``(2) Documentation required.--A candidate may withhold an
amount of an expenditure pursuant to paragraph (1) only if the
candidate submits documentation of the expenditure and the
amount to the Commission not later than the deadline applicable
to the candidate under subsection (a).
``Subtitle D--Enhanced Match Support
``SEC. 531. ENHANCED SUPPORT FOR GENERAL ELECTION.
``(a) Availability of Enhanced Support.--In addition to the
payments made under subtitle A, the Commission shall make an additional
payment to an eligible candidate under this subtitle.
``(b) Use of Funds.--A candidate shall use the additional payment
under this subtitle only for authorized expenditures in connection with
the election involved.
``SEC. 532. ELIGIBILITY.
``(a) In General.--A candidate is eligible to receive an additional
payment under this subtitle if the candidate meets each of the
following requirements:
``(1) The candidate is on the ballot for the general
election for the office the candidate seeks.
``(2) The candidate is certified as a participating
candidate under this title with respect to the election.
``(3) During the enhanced support qualifying period, the
candidate receives qualified small dollar contributions in a
total amount of not less than $50,000.
``(4) During the enhanced support qualifying period, the
candidate submits to the Commission a request for the payment
which includes--
``(A) a statement of the number and amount of
qualified small dollar contributions received by the
candidate during the enhanced support qualifying
period;
``(B) a statement of the amount of the payment the
candidate anticipates receiving with respect to the
request; and
``(C) such other information and assurances as the
Commission may require.
``(5) After submitting a request for the additional payment
under paragraph (4), the candidate does not submit any other
application for an additional payment under this subtitle.
``(b) Enhanced Support Qualifying Period Described.--In this
subtitle, the term `enhanced support qualifying period' means, with
respect to a general election, the period which begins 60 days before
the date of the election and ends 14 days before the date of the
election.
``SEC. 533. AMOUNT.
``(a) In General.--Subject to subsection (b), the amount of the
additional payment made to an eligible candidate under this subtitle
shall be an amount equal to 50 percent of--
``(1) the amount of the payment made to the candidate under
section 501(b) with respect to the qualified small dollar
contributions which are received by the candidate during the
enhanced support qualifying period (as included in the request
submitted by the candidate under section 532(a)(4)); or
``(2) in the case of a candidate who is not eligible to
receive a payment under section 501(b) with respect to such
qualified small dollar contributions because the candidate has
reached the limit on the aggregate amount of payments under
subtitle A for the election cycle under section 501(c), the
amount of the payment which would have been made to the
candidate under section 501(b) with respect to such qualified
small dollar contributions if the candidate had not reached
such limit.
``(b) Limit.--The amount of the additional payment determined under
subsection (a) with respect to a candidate may not exceed $500,000.
``(c) No Effect on Aggregate Limit.--The amount of the additional
payment made to a candidate under this subtitle shall not be included
in determining the aggregate amount of payments made to a participating
candidate with respect to an election cycle under section 501(c).
``SEC. 534. WAIVER OF AUTHORITY TO RETAIN PORTION OF UNSPENT FUNDS
AFTER ELECTION.
``Notwithstanding section 524(a)(2), a candidate who receives an
additional payment under this subtitle with respect to an election is
not permitted to withhold any portion from the amount of unspent funds
the candidate is required to remit to the Commission under section
524(a)(1).
``Subtitle E--Administrative Provisions
``SEC. 541. FREEDOM FROM INFLUENCE FUND.
``(a) Establishment.--There is established in the Treasury a fund
to be known as the `Freedom From Influence Fund'.
``(b) Amounts Held by Fund.--The Fund shall consist of the
following amounts:
``(1) Appropriated amounts.--Amounts appropriated to the
Fund, including trust fund amounts appropriated pursuant to
applicable provisions of the Internal Revenue Code of 1986.
``(2) Voluntary contributions.--Voluntary contributions to
the Fund, including contributions made pursuant to section 6098
of the Internal Revenue Code of 1986.
``(3) Other deposits.--Amounts deposited into the Fund
under--
``(A) section 521(c) (relating to exceptions to
contribution requirements);
``(B) section 523 (relating to remittance of unused
payments from the Fund);
``(C) section 544 (relating to violations); and
``(D) any other section of this Act.
``(4) Investment returns.--Interest on, and the proceeds
from, the sale or redemption of, any obligations held by the
Fund under subsection (c).
``(c) Investment.--The Commission shall invest portions of the Fund
in obligations of the United States in the same manner as provided
under section 9602(b) of the Internal Revenue Code of 1986.
``(d) Use of Fund.--
``(1) In general.--Amounts in the Fund shall be available
without further appropriation or fiscal year limitation to make
payments to participating candidates as provided in this title.
``(2) Insufficient amounts.--Under regulations established
by the Commission, rules similar to the rules of section
9006(c) of the Internal Revenue Code of 1986 shall apply.
``SEC. 542. GOVERNMENT BY THE PEOPLE OVERSIGHT COMMISSION.
``(a) Establishment.--There is established within the Federal
Election Commission an entity to be known as the `Government by the
People Oversight Commission' (in this title referred to as the
`Oversight Commission').
``(b) Structure and Membership.--
``(1) In general.--The Oversight Commission shall be
composed of 5 members appointed by the President with the
advice and consent of the Senate, of whom--
``(A) 2 shall be appointed after consultation with
the Majority Leader of the House of Representatives;
``(B) 2 shall be appointed after consultation with
the Minority Leader of the House of Representatives;
and
``(C) 1 shall be appointed upon the recommendation
of the members appointed under subparagraphs (A) and
(B).
``(2) Qualifications.--
``(A) In general.--The members shall be individuals
who by reason of their education, experience, and
attainments, are exceptionally qualified to perform the
duties of members of the Oversight Commission.
``(B) Prohibition.--No individual may be appointed
to the Oversight Commission who is--
``(i) an employee of the Federal
government;
``(ii) a registered lobbyist or an
individual who was a registered lobbyist at any
time during the 2-year period preceding
appointment to the Oversight Commission; or
``(iii) an officer or employee of a
political party or political campaign.
``(3) Date.--Members of the Oversight Commission shall be
appointed not later than 60 days after the date of the
enactment of this Act.
``(4) Terms.--A member of the Oversight Commission shall be
appointed for a term of 5 years.
``(5) Vacancies.--A vacancy on the Oversight Commission
shall be filled not later than 30 calendar days after the date
on which the Oversight Commission is given notice of the
vacancy, in the same manner as the original appointment. The
individual appointed to fill the vacancy shall serve only for
the unexpired portion of the term for which the individual's
predecessor was appointed.
``(6) Chairperson.--The Oversight Commission shall
designate a Chairperson from among the members of the Board.
``(c) Duties and Powers.--
``(1) Administration.--The Oversight Commission shall have
such duties and powers as the Commission may prescribe,
including the power to administer the provisions of this title.
``(2) Review of small dollar financing.--
``(A) In general.--After each regularly scheduled
general election for Federal office, the Oversight
Commission shall conduct a comprehensive review of the
Small Dollar financing program under this title,
including--
``(i) the maximum and minimum dollar
amounts of qualified small dollar contributions
under section 504;
``(ii) the number and value of qualified
small dollar contributions a candidate is
required to obtain under section 512(a) to be
eligible for certification as a participating
candidate;
``(iii) the maximum amount of payments a
candidate may receive under this title;
``(iv) the overall satisfaction of
participating candidates and the American
public with the program; and
``(v) such other matters relating to
financing of campaigns as the Oversight
Commission determines are appropriate.
``(B) Criteria for review.--In conducting the
review under subparagraph (A), the Oversight Commission
shall consider the following:
``(i) Qualified small dollar
contributions.--The Oversight Commission shall
consider whether the number and dollar amounts
of qualified small dollar contributions
required strikes an appropriate balance
regarding the importance of voter involvement,
the need to assure adequate incentives for
participating, and fiscal responsibility,
taking into consideration the number of primary
and general election participating candidates,
the electoral performance of those candidates,
program cost, and any other information the
Oversight Commission determines is appropriate.
``(ii) Review of payment levels.--The
Oversight Commission shall consider whether the
totality of the amount of funds allowed to be
raised by participating candidates (including
through qualified small dollar contributions)
and payments under this title are sufficient
for voters in each State to learn about the
candidates to cast an informed vote, taking
into account the historic amount of spending by
winning candidates, media costs, primary
election dates, and any other information the
Oversight Commission determines is appropriate.
``(C) Recommendations for adjustment of amounts.--
Based on the review conducted under subparagraph (A),
the Oversight Commission may recommend to Congress
adjustments of the following amounts:
``(i) The number and value of qualified
small dollar contributions a candidate is
required to obtain under section 512(a) to be
eligible for certification as a participating
candidate.
``(ii) The maximum amount of payments may
receive under this title.
``(d) Meetings and Hearings.--
``(1) Meetings.--The Oversight Commission may hold such
hearings, sit and act at such times and places, take such
testimony, and receive such evidence as the Oversight
Commission considers advisable to carry out the purposes of
this Act.
``(2) Quorum.--Three members of the Oversight Commission
shall constitute a quorum for purposes of voting, but a quorum
is not required for members to meet and hold hearings.
``(e) Reports.--Not later than each June 1 which follows a
regularly scheduled general election for Federal office for which
payments were made under this title, the Oversight Commission shall
submit to the Committee on House Administration of the House of
Representatives a report--
``(1) containing an analysis of the review conducted under
subsection (c)(2), including a detailed statement of
Commission's findings, conclusions, and recommendations based
on such review, including any recommendations for adjustments
of amounts described in subsection (c)(2)(C); and
``(2) documenting, evaluating, and making recommendations
relating to the administrative implementation and enforcement
of the provisions of this title.
``(f) Administration.--
``(1) Compensation of members.--
``(A) In general.--Each member, other than the
Chairperson, shall be paid at a rate equal to the daily
equivalent of the minimum annual rate of basic pay
prescribed for level IV of the Executive Schedule under
section 5315 of title 5, United States Code.
``(B) Chairperson.--The Chairperson shall be paid
at a rate equal to the daily equivalent of the minimum
annual rate of basic pay prescribed for level III of
the Executive Schedule under section 5314 of title 5,
United States Code.
``(2) Personnel.--
``(A) Director.--The Oversight Commission shall
have a staff headed by an Executive Director. The
Executive Director shall be paid at a rate equivalent
to a rate established for the Senior Executive Service
under section 5382 of title 5, United States Code.
``(B) Staff appointment.--With the approval of the
Chairperson, the Executive Director may appoint such
personnel as the Executive Director and the Oversight
Commission determines to be appropriate.
``(C) Experts and consultants.--With the approval
of the Chairperson, the Executive Director may procure
temporary and intermittent services under section
3109(b) of title 5, United States Code.
``(D) Detail of government employees.--Upon the
request of the Chairperson, the head of any Federal
agency may detail, without reimbursement, any of the
personnel of such agency to the Oversight Commission to
assist in carrying out the duties of the Oversight
Commission. Any such detail shall not interrupt or
otherwise affect the civil service status or privileges
of the Federal employee.
``(E) Other resources.--The Oversight Commission
shall have reasonable access to materials, resources,
statistical data, and other information from the
Library of Congress and other agencies of the executive
and legislative branches of the Federal Government. The
Chairperson of the Oversight Commission shall make
requests for such access in writing when necessary.
``(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out the purposes of
this subtitle.
``SEC. 543. ADMINISTRATION BY COMMISSION.
``The Commission shall prescribe regulations to carry out the
purposes of this title, including regulations--
``(1) to establish procedures for--
``(A) verifying the amount of qualified small
dollar contributions with respect to a candidate,
``(B) effectively and efficiently monitoring and
enforcing the limits on the raising of qualified small
dollar contributions,
``(C) effectively and efficiently monitoring and
enforcing the limits on the use of personal funds by
participating candidates, and
``(D) monitoring the use of allocations from the
Freedom From Influence Fund established under section
541 and matching contributions under this title through
audits of not fewer than \1/10\ (or, in the case of the
first 3 election cycles during which the program under
this title is in effect, not fewer than \1/3\) of all
participating candidates or other mechanisms; and
``(2) regarding the conduct of debates in a manner
consistent with the best practices of States that provide
public financing for elections.
``SEC. 544. VIOLATIONS AND PENALTIES.
``(a) Civil Penalty for Violation of Contribution and Expenditure
Requirements.--If a candidate who has been certified as a participating
candidate accepts a contribution or makes an expenditure that is
prohibited under section 521, the Commission may assess a civil penalty
against the candidate in an amount that is not more than 3 times the
amount of the contribution or expenditure. Any amounts collected under
this subsection shall be deposited into the Freedom From Influence Fund
established under section 541.
``(b) Repayment for Improper Use of Freedom From Influence Fund.--
``(1) In general.--If the Commission determines that any
payment made to a participating candidate was not used as
provided for in this title or that a participating candidate
has violated any of the dates for remission of funds contained
in this title, the Commission shall so notify the candidate and
the candidate shall pay to the Fund an amount equal to--
``(A) the amount of payments so used or not
remitted, as appropriate; and
``(B) interest on any such amounts (at a rate
determined by the Commission).
``(2) Other action not precluded.--Any action by the
Commission in accordance with this subsection shall not
preclude enforcement proceedings by the Commission in
accordance with section 309(a), including a referral by the
Commission to the Attorney General in the case of an apparent
knowing and willful violation of this title.
``(c) Prohibiting Certain Candidates From Qualifying as
Participating Candidates.--
``(1) Candidates with multiple civil penalties.--If the
Commission assesses 3 or more civil penalties under subsection
(a) against a candidate (with respect to either a single
election or multiple elections), the Commission may refuse to
certify the candidate as a participating candidate under this
title with respect to any subsequent election, except that if
each of the penalties were assessed as the result of a knowing
and willful violation of any provision of this Act, the
candidate is not eligible to be certified as a participating
candidate under this title with respect to any subsequent
election.
``(2) Candidates subject to criminal penalty.--A candidate
is not eligible to be certified as a participating candidate
under this title with respect to an election if a penalty has
been assessed against the candidate under section 309(d) with
respect to any previous election.
``SEC. 545. APPEALS PROCESS.
``(a) Review of Actions.--Any action by the Commission in carrying
out this title shall be subject to review by the United States Court of
Appeals for the District of Columbia upon petition filed in the Court
not later than 30 days after the Commission takes the action for which
the review is sought.
``(b) Procedures.--The provisions of chapter 7 of title 5, United
States Code, apply to judicial review under this section.
``SEC. 546. INDEXING OF AMOUNTS.
``(a) Indexing.--In any calendar year after 2015, section
315(c)(1)(B) shall apply to each amount described in subsection (b) 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
amounts described in subsection (b), the `base period' shall be 2015.
``(b) Amounts Described.--The amounts described in this subsection
are as follows:
``(1) The amount referred to in section 502(b)(1) (relating
to the minimum amount of qualified small dollar contributions
included in a request for payment).
``(2) The amounts referred to in section 504(a)(1)
(relating to the amount of a qualified small dollar
contribution).
``(3) The amount referred to in section 512(a)(2) (relating
to the total dollar amount of qualified small dollar
contributions).
``(4) The amount referred to in section 521(a)(1)(E)
(relating to the aggregate amount of contributions a
participating candidate may accept from any individual with
respect to an election).
``(5) The amount referred to in section 521(a)(2)(D)(i)
(relating to the aggregate amount of contributions that may be
accepted from any individual with respect to an election by a
participating candidate who exercises the option described in
such section to accept greater restrictions on the permissible
sources of contributions and expenditures).
``(6) The amount referred to in section 521(a)(2)(D)(ii)
(relating to the aggregate amount of contributions that may be
accepted from all individuals with respect to an election cycle
by a participating candidate who exercises the option described
in such section to accept greater restrictions on the
permissible sources of contributions and expenditures).
``(7) The amount referred to in section 521(b)(1) (relating
to the amount of personal funds that may be used by a candidate
who is certified as a participating candidate).
``(8) The amounts referred to in section 524(a)(2)
(relating to the amount of unspent funds a candidate may retain
for use in the next election cycle).
``(9) The amount referred to in section 532(a)(3)(B)
(relating to the total dollar amount of qualified small dollar
contributions for a candidate seeking an additional payment
under subtitle D).
``(10) The amount referred to in section 533(b) (relating
to the limit on the amount of an additional payment made to a
candidate under subtitle D).
``SEC. 547. ELECTION CYCLE DEFINED.
``In this title, the term `election cycle' means, with respect to
an election for an office, the period beginning on the day after the
date of the most recent general election for that office (or, if the
general election resulted in a runoff election, the date of the runoff
election) and ending on the date of the next general election for that
office (or, if the general election resulted in a runoff election, the
date of the runoff election).''.
SEC. 202. CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE AND
POLITICAL PARTY POLITICAL COMMITTEES ON BEHALF OF
PARTICIPATING CANDIDATES.
(a) Authorizing Contributions Only From Separate Accounts
Consisting of Qualified Small Dollar Contributions.--Section 315(a) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is
amended by adding at the end the following new paragraph:
``(9) In the case of a multicandidate political committee or any
political committee of a political party, the committee may make a
contribution to a candidate who is a participating candidate under
title V with respect to an election only if the contribution is paid
from a separate, segregated account of the committee which consists
solely of contributions which meet the following requirements:
``(A) Each such contribution is in an amount which meets
the requirements for the amount of a qualified small dollar
contribution under section 504(a)(1) with respect to the
election involved.
``(B) Each such contribution is made by an individual who
is not otherwise prohibited from making a contribution under
this Act.
``(C) The individual who makes the contribution does not
make contributions to the committee during the year in an
aggregate amount that exceeds the limit described in section
504(a)(1).''.
(b) Permitting Unlimited Coordinated Expenditures From Small Dollar
Sources by Political Parties.--Section 315(d) of such Act (52 U.S.C.
30116(d)) is amended--
(1) in paragraph (3), by striking ``The national
committee'' and inserting ``Except as provided in paragraph
(5), the national committee''; and
(2) by adding at the end the following new paragraph:
``(5) The limits described in paragraph (3) do not apply in the
case of expenditures in connection with the general election campaign
of a candidate for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress who is a participating candidate
under title V with respect to the election, but only if--
``(A) the expenditures are paid from a separate, segregated
account of the committee which is described in subsection
(a)(9); and
``(B) the expenditures are the sole source of funding
provided by the committee to the candidate.''.
SEC. 203. PROHIBITING USE OF CONTRIBUTIONS BY PARTICIPATING CANDIDATES
FOR PURPOSES OTHER THAN CAMPAIGN FOR ELECTION.
Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30114) is amended by adding at the end the following new subsection:
``(d) Restrictions on Permitted Uses of Funds by Candidates
Receiving Small Dollar Financing.--Notwithstanding paragraph (2), (3),
or (4) of subsection (a), if a candidate for election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress is certified as a participating candidate under title V with
respect to the election, any contribution which the candidate is
permitted to accept under such title may be used only for authorized
expenditures in connection with the candidate's campaign for such
office.''.
TITLE III--OTHER ADMINISTRATIVE REFORMS
SEC. 301. EXPANDING REQUIREMENT TO DISCLOSE BUNDLERS WHO ARE REGISTERED
LOBBYISTS TO ALL BUNDLERS.
(a) Expanding Bundler Disclosure Requirements to All Bundlers.--
Section 304(i)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30104(i)(1)) is amended by striking ``reasonably known by the
committee to be a person described in paragraph (7)''.
(b) Conforming Amendments.--Section 304(i) of such Act (52 U.S.C.
30104(i)) is amended--
(1) in paragraph (2)(C), by striking ``described in
paragraph (7)'';
(2) in paragraph (3)(A), by striking ``a person described
in paragraph (7)'' and inserting ``any person'';
(3) in paragraph (5)--
(A) by striking subparagraph (B) and redesignating
subparagraphs (C) and (D) as subparagraphs (B) and (C),
(B) in subparagraph (B) (as so redesignated), by
striking ``described in paragraph (7)'', and
(C) in subparagraph (C) (as so redesignated), by
striking ``by persons described in paragraph (7)'';
(4) by striking paragraph (7) and redesignating paragraph
(8) as paragraph (7); and
(5) in paragraph (7)(A) (as so redesignated), by striking
``a person described in paragraph (7),'' and inserting ``a
person,''.
SEC. 302. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30107(a)(6)) is amended by inserting ``(including a proceeding
before the Supreme Court on certiorari)'' after ``appeal''.
SEC. 303. FILING BY ALL CANDIDATES WITH COMMISSION.
Section 302(g) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30102(g)) is amended to read as follows:
``(g) Filing With the Commission.--All designations, statements,
and reports required to be filed under this Act shall be filed with the
Commission.''.
SEC. 304. ELECTRONIC FILING OF FEC REPORTS.
Section 304(a)(11) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30104(a)(11)) is amended--
(1) in subparagraph (A), by striking ``under this Act--''
and all that follows and inserting ``under this Act shall be
required to maintain and file such designation, statement, or
report in electronic form accessible by computers.'';
(2) in subparagraph (B), by striking ``48 hours'' and all
that follows through ``filed electronically)'' and inserting
``24 hours''; and
(3) by striking subparagraph (D).
SEC. 305. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to
reports filed on or after the date of the enactment of this Act.
TITLE IV--EXPANDING CANDIDATE ACCESS TO ADVERTISING
SEC. 401. BROADCASTS BY CANDIDATES.
(a) Lowest Unit Charge.--Section 315(b)(1)(A) of the Communications
Act of 1934 (47 U.S.C. 315(b)(1)(A)) is amended by inserting ``for
preemptible use thereof'' after ``station''.
(b) Preemption; Audits.--Section 315 of the Communications Act of
1934 (47 U.S.C. 315) is amended--
(1) by redesignating subsection (c) as subsection (g) and
transferring such subsection, as redesignated, to the end;
(2) by redesignating subsection (d) as subsection (f) and
transferring such subsection, as redesignated, so that it
appears after subsection (e); and
(3) by inserting after subsection (b) the following:
``(c) Preemption.--
``(1) In general.--Except as provided in paragraph (2) and
notwithstanding the requirements of subsection (b)(1)(A), a
licensee may not preempt the use of a broadcasting station by a
legally qualified candidate that has purchased and paid for
such use under circumstances entitling such candidate to
receive the rate under such subsection for such use.
``(2) Circumstances beyond control of licensee.--If a
program to be broadcast by a broadcasting station is preempted
because of circumstances beyond the control of the licensee, an
advertisement that is scheduled to be broadcast during such
program and the broadcast of which constitutes use of the
broadcasting station described in paragraph (1) shall be
treated in the same fashion as a comparable commercial
advertisement.
``(d) Audits.--During the 45-day period preceding the date of a
primary or primary runoff election and during the 60-day period
preceding the date of a general election or special election, the
Commission shall conduct such audits as it considers necessary to
ensure that the licensee of each broadcasting station is allocating use
of the station in accordance with this section and in a manner that
does not warrant revocation of the station license under section
312(a)(7).''.
(c) Revocation of License for Failure To Allow Access by Federal
Candidates.--Section 312 of the Communications Act of 1934 (47 U.S.C.
312) is amended--
(1) in subsection (a)(7)--
(A) by inserting ``in accordance with subsection
(h),'' before ``for willful'';
(B) by striking ``or repeated'';
(C) by inserting ``or a cable system'' after ``non-
commercial educational broadcast station,''; and
(D) by striking ``his candidacy'' and inserting
``the candidacy of the candidate, under the same terms,
conditions, and business practices as apply to the
most-favored advertiser of the broadcasting station or
cable system''; and
(2) by adding at the end the following:
``(h) Conditions for Revocation for Failure To Allow Access by
Federal Candidates.--
``(1) Three-strikes rule.--The Commission may revoke a
station license or construction permit under subsection (a)(7)
only if the Commission finds that the licensee or permittee has
engaged in at least 3 failures described in such subsection
with respect to the broadcasting station or cable system to
which the license or permit relates.
``(2) Duration.--In the case of a person whose station
license or construction permit with respect to a broadcasting
station or cable system has been revoked under subsection
(a)(7)--
``(A) the Commission may not grant a station
license or construction permit to such person with
respect to such broadcasting station or cable system
during the 5-year period following the revocation; and
``(B) if the Commission grants such a station
license or construction permit to such person after
such 5-year period, the number of failures described in
subsection (a)(7) shall be calculated for purposes of
paragraph (1) without regard to any such failures that
occurred while a previous license or permit was in
effect.''.
(d) Technical Amendments.--Section 315 of the Communications Act of
1934 (47 U.S.C. 315), as amended by subsection (b), is further
amended--
(1) in subsection (a), by striking ``If any licensee'' and
inserting ``Equal Opportunities for Candidates for Same
Office.--If any licensee'';
(2) in subsection (b)(1), by moving subparagraphs (A) and
(B) 2 ems to the right;
(3) in subsection (f), as redesignated, by striking ``The
Commission'' and inserting ``Regulations.--The Commission'';
and
(4) in subsection (g), as redesignated, by striking ``For
purposes'' and inserting ``Definitions.--For purposes''.
TITLE V--CONTRIBUTIONS TO FREEDOM FROM INFLUENCE FUND
SEC. 501. VOLUNTARY CONTRIBUTIONS TO THE FREEDOM FROM INFLUENCE FUND.
(a) In General.--Subchapter A of chapter 61 of the Internal Revenue
Code of 1986 is amended by adding at the end the following new part:
``PART IX--CONTRIBUTIONS TO FREEDOM FROM INFLUENCE FUND
``Sec. 6098. Contributions to Freedom From Influence Fund.
``SEC. 6098. CONTRIBUTIONS TO FREEDOM FROM INFLUENCE FUND.
``(a) In General.--Every individual, with respect to the taxpayer's
return for the taxable year of the tax imposed by chapter 1, may
designate that a specified portion (not less than $1) of any
overpayment of tax shall be contributed to the Freedom From Influence
Fund established under section 541 of the Federal Election Campaign Act
of 1971.
``(b) Manner and Time of Designation.--
``(1) Time of designation.--A designation under subsection
(a) may be made with respect to any taxable year--
``(A) at the time of filing the return of the tax
imposed by chapter 1 for such taxable year, or
``(B) at any other time (after such time of filing)
specified in regulations prescribed by the Secretary.
``(2) Manner of designation.--Such designation shall be
made in such manner as the Secretary prescribes by regulations
except that, if such designation is made at the time of filing
the return of the tax imposed by chapter 1 for such taxable
year, such designation shall be made either on the first page
of the return or on the page bearing the taxpayer's signature.
``(c) Overpayments Treated as Refunded.--For purposes of this
title, any portion of an overpayment of tax designated under subsection
(a) shall be treated as--
``(1) being refunded to the taxpayer as of the last date
prescribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the
date the return is filed, and
``(2) a contribution made by such taxpayer on such date to
the United States.
``(d) On-Line Contributions.--The Secretary shall establish and
maintain a Web site through which persons may make contributions to the
Freedom From Influence Fund. Any such contribution shall not be treated
as an overpayment of tax but shall be treated as a contribution made by
such person to the United States.''.
(b) Clerical Amendment.--The table of parts for subchapter A of
chapter 61 of the Internal Revenue Code of 1986 is amended by adding at
the end the following new item:
``Part IX. Contributions to Freedom From Influence Fund.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to tax returns required to be filed after December
31, 2014.
TITLE VI--MISCELLANEOUS PROVISIONS
SEC. 601. SEVERABILITY.
If any provision of this Act or any amendment made by this Act, or
the application of a provision of this Act or an amendment made by this
Act to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provisions to any
person or circumstance, shall not be affected by the holding.
<all>
Introduced in House
Introduced in House
Referred to the Committee on House Administration, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on House Administration, and in addition to the Committees on Energy and Commerce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Communications and Technology.
Referred to the Subcommittee on Trade.
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