Division C — Civic Participation and Empowerment

S. 1 · 118th Congress · Jul 25, 2023 · Lineage

C Civic Participation and Empowerment

V Nonpartisan Redistricting Reform

Sec. 5001 Finding of constitutional authority

Congress finds that it has the authority to establish the terms and conditions States must follow in carrying out congressional redistricting after an apportionment of Members of the House of Representatives because—

(1)

the authority granted to Congress under article I, section 4 of the Constitution of the United States gives Congress the power to enact laws governing the time, place, and manner of elections for Members of the House of Representatives;

(2)

the authority granted to Congress under section 5 of the 14th Amendment to the Constitution gives Congress the power to enact laws to enforce section 2 of such amendment, which requires Representatives to be apportioned among the several States according to their number;

(3)

the authority granted to Congress under section 5 of the 14th Amendment to the Constitution gives Congress the power to enact laws to enforce section 1 of such amendment, including protections against excessive partisan gerrymandering that Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution;

(4)

of the authority granted to Congress to enforce article IV, section 4, of the Constitution, and the guarantee of a Republican Form of Government to every State, which Federal courts have not enforced because they understand such enforcement to be committed to Congress by the Constitution;

(5)

requiring States to use uniform redistricting criteria is an appropriate and important exercise of such authority; and

(6)

partisan gerrymandering dilutes citizens’ votes because partisan gerrymandering injures voters and political parties by infringing on their First Amendment right to associate freely and their Fourteenth Amendment right to equal protection of the laws.

Sec. 5002 Ban on mid-decade redistricting

A State that has been redistricted in accordance with this title may not be redistricted again until after the next apportionment of Representatives under section 22(a) of the Act entitled “An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress”, approved June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to conduct such subsequent redistricting to comply with the Constitution of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), the terms or conditions of this title, or applicable State law.

Sec. 5003 Criteria for redistricting

(a)

Requiring plans To meet criteria— A State may not use a congressional redistricting plan enacted following the notice of apportionment transmitted to the President on April 26, 2021, or any subsequent notice of apportionment, if such plan is not in compliance with this section, without regard to whether or not the plan was enacted by the State before, on, or after the effective date of this title.

(b)

Ranked criteria— Under the redistricting plan of a State, there shall be established single-member congressional districts using the following criteria as set forth in the following order of priority:

(1)

Districts shall comply with the United States Constitution, including the requirement that they substantially equalize total population, without regard to age, citizenship status, or immigration status.

(2)

Districts shall comply with the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.), including by creating any districts where, if based upon the totality of the circumstances, 2 or more politically cohesive groups protected by such Act are able to elect representatives of choice in coalition with one another, and all applicable Federal laws.

(3)

(A)

Districts shall be drawn, to the extent that the totality of the circumstances warrant, to ensure the practical ability of a group protected under the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) to participate in the political process and to nominate candidates and to elect representatives of choice is not diluted or diminished, regardless of whether or not such protected group constitutes a majority of a district’s population, voting age population, or citizen voting age population.

(B)

For purposes of subparagraph (A), the assessment of whether a protected group has the practical ability to nominate candidates and to elect representatives of choice shall require the consideration of the following factors:

(i)

Whether the group is politically cohesive.

(ii)

Whether there is racially polarized voting in the relevant geographic region.

(iii)

If there is racially polarized voting in the relevant geographic region, whether the preferred candidates of the group nevertheless receive a sufficient amount of consistent crossover support from other voters such that the group is a functional majority with the ability to both nominate candidates and elect representatives of choice.

(4)

(A)

Districts shall be drawn to represent communities of interest and neighborhoods to the extent practicable after compliance with the requirements of paragraphs (1) through (3). A community of interest is defined as an area for which the record before the entity responsible for developing and adopting the redistricting plan demonstrates the existence of broadly shared interests and representational needs, including shared interests and representational needs rooted in common ethnic, racial, economic, Indian, social, cultural, geographic, or historic identities, or arising from similar socioeconomic conditions. The term communities of interest may, if the record warrants, include political subdivisions such as counties, municipalities, Indian lands, or school districts, but shall not include common relationships with political parties or political candidates.

(B)

For purposes of subparagraph (A), in considering the needs of multiple, overlapping communities of interest, the entity responsible for developing and adopting the redistricting plan shall give greater weight to those communities of interest whose representational needs would most benefit from the community’s inclusion in a single congressional district.

(c)

No favoring or disfavoring of political parties—

(1)

Prohibition— A State may not use a redistricting plan to conduct an election if the plan’s congressional districts, when considered cumulatively on a statewide basis, have been drawn with the intent or have the effect of materially favoring or disfavoring any political party.

(2)

Determination of effect— The determination of whether a redistricting plan has the effect of materially favoring or disfavoring a political party shall be based on an evaluation of the totality of circumstances which, at a minimum, shall involve consideration of each of the following factors:

(A)

Computer modeling based on relevant statewide general elections for Federal office held over the 8 years preceding the adoption of the redistricting plan setting forth the probable electoral outcomes for the plan under a range of reasonably foreseeable conditions.

(B)

An analysis of whether the redistricting plan is statistically likely to result in partisan advantage or disadvantage on a statewide basis, the degree of any such advantage or disadvantage, and whether such advantage or disadvantage is likely to be present under a range of reasonably foreseeable electoral conditions.

(C)

A comparison of the modeled electoral outcomes for the redistricting plan to the modeled electoral outcomes for alternative plans that demonstrably comply with the requirements of paragraphs (1), (2), and (3) of subsection (b) in order to determine whether reasonable alternatives exist that would result in materially lower levels of partisan advantage or disadvantage on a statewide basis. For purposes of this subparagraph, alternative plans considered may include both actual plans proposed during the redistricting process and other plans prepared for purposes of comparison.

(D)

Any other relevant information, including how broad support for the redistricting plan was among members of the entity responsible for developing and adopting the plan and whether the processes leading to the development and adoption of the plan were transparent and equally open to all members of the entity and to the public.

(3)

Rebuttable presumption—

(A)

Trigger— In any civil action brought under section 5006 in which a party asserts a claim that a State has enacted a redistricting plan which is in violation of this subsection, a party may file a motion not later than 30 days after the enactment of the plan (or, in the case of a plan enacted before the effective date of this Act, not later than 30 days after the effective date of this Act) requesting that the court determine whether a presumption of such a violation exists. If such a motion is timely filed, the court shall hold a hearing not later than 15 days after the date the motion is filed to assess whether a presumption of such a violation exists.

(B)

Assessment— To conduct the assessment required under subparagraph (A), the court shall do the following:

(i)

Determine the number of congressional districts under the plan that would have been carried by each political party’s candidates for the office of President and the office of Senator in the 2 most recent general elections for the office of President and the 2 most recent general elections for the office of Senator (other than special general elections) immediately preceding the enactment of the plan, except that if a State conducts a primary election for the office of Senator which is open to candidates of all political parties, the primary election shall be used instead of the general election and the number of districts carried by a party’s candidates for the office of Senator shall be determined on the basis of the combined vote share of all candidates in the election who are affiliated with such party.

(ii)

Determine, for each of the 4 elections assessed under clause (i), whether the number of districts that would have been carried by any party’s candidate as determined under clause (i) results in partisan advantage or disadvantage in excess of the applicable threshold described in subparagraph (C). The degree of partisan advantage or disadvantage shall be determined by one or more standard quantitative measures of partisan fairness that—

(I)

use a party's share of the statewide vote to calculate a corresponding benchmark share of seats; and

(II)

measure the amount by which the share of seats the party’s candidate would have won in the election involved exceeds the benchmark share of seats.

(C)

Applicable threshold described— The applicable threshold described in this subparagraph is, with respect to a State and a number of seats, the greater of—

(i)

an amount equal to 7 percent of the number of congressional districts in the State; or

(ii)

one congressional district.

(D)

Description of quantitative measures; prohibiting rounding— In carrying out this subsection—

(i)

the standard quantitative measures of partisan fairness used by the court may include the simplified efficiency gap but may not include strict proportionality; and

(ii)

the court may not round any number.

(E)

Presumption of violation— A plan is presumed to violate paragraph (1) if, on the basis of at least one standard quantitative measure of partisan fairness, it exceeds the applicable threshold described in subparagraph (C) with respect to 2 or more of the 4 elections assessed under subparagraph (B).

(F)

Stay of use of plan— Notwithstanding any other provision of this title, in any action under this paragraph, the following rules shall apply:

(i)

Upon filing of a motion under subparagraph (A), a State’s use of the plan which is the subject of the motion shall be automatically stayed pending resolution of such motion.

(ii)

If after considering the motion, the court rules that the plan is presumed under subparagraph (E) to violate paragraph (1), a State may not use such plan until and unless the court which is carrying out the determination of the effect of the plan under paragraph (2) determines that, notwithstanding the presumptive violation, the plan does not violate paragraph (1).

(G)

No effect on other assessments— The absence of a presumption of a violation with respect to a redistricting plan as determined under this paragraph shall not affect the determination of the effect or intent of the plan under this section.

(4)

Determination of intent— A court may rely on all available evidence when determining whether a redistricting plan was drawn with the intent to materially favor or disfavor a political party, including evidence of the partisan effects of a plan, the degree of support the plan received from members of the entity responsible for developing and adopting the plan, and whether the processes leading to development and adoption of the plan were transparent and equally open to all members of the entity and to the public.

(5)

No violation based on certain criteria— No redistricting plan shall be found to be in violation of paragraph (1) because of the proper application of the criteria set forth in paragraphs (1), (2), or (3) of subsection (b), unless one or more alternative plans could have complied with such paragraphs without having the effect of materially favoring or disfavoring a political party.

(d)

Factors prohibited from consideration— In developing the redistricting plan for the State, the State may not take into consideration any of the following factors, except as necessary to comply with the criteria described in paragraphs (1) through (3) of subsection (b), to achieve partisan fairness and comply with subsection (b), and to enable the redistricting plan to be measured against the external metrics described in section 5004(c):

(1)

The residence of any Member of the House of Representatives or candidate.

(2)

The political party affiliation or voting history of the population of a district.

(e)

Additional criteria— A State may not rely upon criteria, districting principles, or other policies of the State which are not set forth in this section to justify non-compliance with the requirements of this section.

(f)

Applicability—

(1)

In general— This section applies to any authority, whether appointed, elected, judicial, or otherwise, responsible for enacting the congressional redistricting plan of a State.

(2)

Date of enactment— This section applies to any congressional redistricting plan enacted following the notice of apportionment transmitted to the President on April 26, 2021, regardless of the date of enactment by the State of the congressional redistricting plan.

(g)

Severability of criteria— If any provision of this section, or the application of any such provision to any person or circumstance, is held to be unconstitutional, the remainder of this section, and the application of such provision to any other person or circumstance, shall not be affected by the holding.

Sec. 5004 Development of plan

(a)

Public notice and input—

(1)

Use of open and transparent process— The entity responsible for developing and adopting the congressional redistricting plan of a State shall solicit and take into consideration comments from the public throughout the process of developing the plan, and shall carry out its duties in an open and transparent manner which provides for the widest public dissemination reasonably possible of its proposed and final redistricting plans.

(2)

Website—

(A)

Features— The entity shall maintain a public internet site which is not affiliated with or maintained by the office of any elected official and which includes the following features:

(i)

All proposed redistricting plans and the final redistricting plan, including the accompanying written evaluation under subsection (c).

(ii)

All comments received from the public submitted under paragraph (1).

(iii)

Access in an easily usable format to the demographic and other data used by the entity to develop and analyze the proposed redistricting plans, together with any reports analyzing and evaluating such plans and access to software that members of the public may use to draw maps of proposed districts.

(iv)

A method by which members of the public may submit comments directly to the entity.

(B)

Searchable format— The entity shall ensure that all information posted and maintained on the site under this paragraph, including information and proposed maps submitted by the public, shall be maintained in an easily searchable format.

(3)

Multiple language requirements for all notices— The entity responsible for developing and adopting the plan shall make each notice which is required to be posted and published under this section available in any language in which the State (or any jurisdiction in the State) is required to provide election materials under section 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503).

(b)

Development of plan—

(1)

Hearings— The entity responsible for developing and adopting the congressional redistricting plan shall hold hearings both before and after releasing proposed plans in order to solicit public input on the content of such plans. These hearings shall—

(A)

be held in different regions of the State and streamed live on the public internet site maintained under subsection (a)(2);

(B)

be sufficient in number, scheduled at times and places, and noticed and conducted in a manner to ensure that all members of the public, including members of racial, ethnic, and language minorities protected under the Voting Rights Act of 1965, have a meaningful opportunity to attend and provide input both before and after the entity releases proposed plans.

(2)

Posting of maps— The entity responsible for developing and adopting the congressional redistricting plan shall make proposed plans, amendments to proposed plans, and the data needed to analyze such plans for compliance with the criteria of this title available for public review, including on the public internet site required under subsection (a)(2), for a period of not less than 5 days before any vote or hearing is held on any such plan or any amendment to such a plan.

(c)

Release of written evaluation of plan against external metrics required prior to vote— The entity responsible for developing and adopting the congressional redistricting plan for a State may not hold a vote on a proposed redistricting plan, including a vote in a committee, unless at least 48 hours prior to holding the vote the State has released a written evaluation that measures each such plan against external metrics which cover the criteria set forth in section 5003(b), including the impact of the plan on the ability of members of a class of citizens protected by the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.) to elect candidates of choice, the degree to which the plan preserves or divides communities of interest, and any analysis used by the State to assess compliance with the requirements of section 5003(b) and (c).

(d)

Public input and comments— The entity responsible for developing and adopting the congressional redistricting plan for a State shall make all public comments received about potential plans, including alternative plans, available to the public on the internet site required under subsection (a)(2), at no cost, not later than 24 hours prior to holding a vote on final adoption of a plan.

Sec. 5005 Failure by State to enact plan

(a)

Deadline for enactment of plan—

(1)

In general— Except as provided in paragraph (2), each State shall enact a final congressional redistricting plan following transmission of a notice of apportionment to the President by the earliest of—

(A)

the deadline set forth in State law, including any extension to the deadline provided in accordance with State law;

(B)

February 15 of the year in which regularly scheduled general elections for Federal office are held in the State; or

(C)

90 days before the date of the next regularly scheduled primary election for Federal office held in the State.

(2)

Special rule for plans enacted prior to effective date of title— If a State enacted a final congressional redistricting plan prior to the effective date of this title and the plan is not in compliance with the requirements of this title, the State shall enact a final redistricting plan which is in compliance with the requirements of this title not later than 45 days after the effective date of this title.

(b)

Development of plan by court in case of missed deadline— If a State has not enacted a final congressional redistricting plan by the applicable deadline under subsection (a), or it appears reasonably likely that a State will fail to enact a final congressional redistricting plan by such deadline—

(1)

any citizen of the State may file an action in the United States district court for the applicable venue asking the district court to assume jurisdiction;

(2)

the United States district court for the applicable venue, acting through a 3-judge court convened pursuant to section 2284 of title 28, United States Code, shall have the exclusive authority to develop and publish the congressional redistricting plan for the State; and

(3)

the final congressional redistricting plan developed and published by the court under this section shall be deemed to be enacted on the date on which the court publishes the final congressional redistricting plan, as described in subsection (e).

(c)

Applicable venue— For purposes of this section, the “applicable venue” with respect to a State is the District of Columbia or the judicial district in which the capital of the State is located, as selected by the first party to file with the court sufficient evidence that a State has failed to, or is reasonably likely to fail to, enact a final redistricting plan for the State prior to the expiration of the applicable deadline set forth in subsection (a).

(d)

Procedures for Development of Plan—

(1)

Criteria— In developing a redistricting plan for a State under this section, the court shall adhere to the same terms and conditions that applied (or that would have applied, as the case may be) to the development of a plan by the State under section 5003.

(2)

Access to information and records— The court shall have access to any information, data, software, or other records and material that was used (or that would have been used, as the case may be) by the State in carrying out its duties under this title.

(3)

Hearing; public participation— In developing a redistricting plan for a State, the court shall—

(A)

hold one or more evidentiary hearings at which interested members of the public may appear and be heard and present testimony, including expert testimony, in accordance with the rules of the court; and

(B)

consider other submissions and comments by the public, including proposals for redistricting plans to cover the entire State or any portion of the State.

(4)

Use of special master— To assist in the development and publication of a redistricting plan for a State under this section, the court may appoint a special master to make recommendations to the court on possible plans for the State.

(e)

Publication of plan—

(1)

Public availability of initial plan— Upon completing the development of one or more initial redistricting plans, the court shall make the plans available to the public at no cost, and shall also make available the underlying data used to develop the plans and a written evaluation of the plans against external metrics (as described in section 5004(c)).

(2)

Publication of final plan— At any time after the expiration of the 14-day period which begins on the date the court makes the plans available to the public under paragraph (1), and taking into consideration any submissions and comments by the public which are received during such period, the court shall develop and publish the final redistricting plan for the State.

(f)

Use of interim plan— In the event that the court is not able to develop and publish a final redistricting plan for the State with sufficient time for an upcoming election to proceed, the court may develop and publish an interim redistricting plan which shall serve as the redistricting plan for the State until the court develops and publishes a final plan in accordance with this section. Nothing in this subsection may be construed to limit or otherwise affect the authority or discretion of the court to develop and publish the final redistricting plan, including the discretion to make any changes the court deems necessary to an interim redistricting plan.

(g)

Appeals— Review on appeal of any final or interim plan adopted by the court in accordance with this section shall be governed by the appellate process in section 5006.

(h)

Stay of State proceedings— The filing of an action under this section shall act as a stay of any proceedings in State court with respect to the State’s congressional redistricting plan unless otherwise ordered by the court.

Sec. 5006 Civil enforcement

(a)

Civil Enforcement—

(1)

Actions by Attorney General— The Attorney General may bring a civil action for such relief as may be appropriate to carry out this title.

(2)

Availability of private right of action—

(A)

In general— Any person residing or domiciled in a State who is aggrieved by the failure of the State to meet the requirements of the Constitution or Federal law, including this title, with respect to the State's congressional redistricting, may bring a civil action in the United States district court for the applicable venue for such relief as may be appropriate to remedy the failure.

(B)

Special rule for claims relating to partisan advantage— For purposes of subparagraph (A), a person who is aggrieved by the failure of a State to meet the requirements of section 5003(c) may include—

(i)

any political party or committee in the State; and

(ii)

any registered voter in the State who resides in a congressional district that the voter alleges was drawn in a manner that contributes to a violation of such section.

(C)

No awarding of damages to prevailing party— Except for an award of attorney’s fees under subsection (d), a court in a civil action under this section shall not award the prevailing party any monetary damages, compensatory, punitive, or otherwise.

(3)

Delivery of complaint to House and Senate— In any action brought under this section, a copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate.

(4)

Exclusive jurisdiction and applicable venue— The district courts of the United States shall have exclusive jurisdiction to hear and determine claims asserting that a congressional redistricting plan violates the requirements of the Constitution or Federal law, including this title. The applicable venue for such an action shall be the United States District Court for the District of Columbia or for the judicial district in which the capital of the State is located, as selected by the person bringing the action. In a civil action that includes a claim that a redistricting plan is in violation of subsection (b) or (c) of section 5003, the United States District Court for the District of Columbia shall have jurisdiction over any defendant who has been served in any United States judicial district in which the defendant resides, is found, or has an agent, or in the United States judicial district in which the capital of the State is located. Process may be served in any United States judicial district where a defendant resides, is found, or has an agent, or in the United States judicial district in which the capital of the State is located.

(5)

Use of 3-judge court— If an action under this section raises statewide claims under the Constitution or this title, the action shall be heard by a 3-judge court convened pursuant to section 2284 of title 28, United States Code.

(6)

Review of final decision— A final decision in an action brought under this section shall be reviewable on appeal by the United States Court of Appeals for the District of Columbia Circuit, which shall hear the matter sitting en banc. There shall be no right of appeal in such proceedings to any other court of appeals. Such appeal shall be taken by the filing of a notice of appeal within 10 days of the entry of the final decision. A final decision by the Court of Appeals may be reviewed by the Supreme Court of the United States by writ of certiorari.

(b)

Expedited Consideration— In any action brought under this section, it shall be the duty of the district court, the United States Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States (if it chooses to hear the action) to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.

(c)

Remedies—

(1)

Adoption of replacement plan—

(A)

In general— If the district court in an action under this section finds that the congressional redistricting plan of a State violates, in whole or in part, the requirements of this title—

(i)

the court shall adopt a replacement congressional redistricting plan for the State in accordance with the process set forth in section 5005; or

(ii)

if circumstances warrant and no delay to an upcoming regularly scheduled election for the House of Representatives in the State would result, the district court, in its discretion, may allow a State to develop and propose a remedial congressional redistricting plan for review by the court to determine whether the plan is in compliance with this title, except that—

(I)

the State may not develop and propose a remedial plan under this clause if the court determines that the congressional redistricting plan of the State was enacted with discriminatory intent in violation of the Constitution or section 5003(b); and

(II)

nothing in this clause may be construed to permit a State to use such a remedial plan which has not been approved by the court.

(B)

Prohibiting use of plans in violation of requirements— No court shall order a State to use a congressional redistricting plan which violates, in whole or in part, the requirements of this title, or to conduct an election under terms and conditions which violate, in whole or in part, the requirements of this title.

(C)

Special rule in case final adjudication not expected within 3 months of election—

(i)

Duty of court— If final adjudication of an action under this section is not reasonably expected to be completed at least 3 months prior to the next regularly scheduled primary election for the House of Representatives in the State, the district court shall—

(I)

develop, adopt, and order the use of an interim congressional redistricting plan in accordance with section 5005(f) to address any claims under this title for which a party seeking relief has demonstrated a substantial likelihood of success; or

(II)

order adjustments to the timing of primary elections for the House of Representatives and other related deadlines, as needed, to allow sufficient opportunity for adjudication of the matter and adoption of a remedial or replacement plan for use in the next regularly scheduled general elections for the House of Representatives.

(ii)

Prohibiting failure to act on grounds of pendency of election— The court may not refuse to take any action described in clause (i) on the grounds of the pendency of the next election held in the State or the potential for disruption, confusion, or additional burdens with respect to the administration of the election in the State.

(2)

No stay pending appeal— Notwithstanding the appeal of an order finding that a congressional redistricting plan of a State violates, in whole or in part, the requirements of this title, no stay shall issue which shall bar the development or adoption of a replacement or remedial plan under this subsection, as may be directed by the district court, pending such appeal. If such a replacement or remedial plan has been adopted, no appellate court may stay or otherwise enjoin the use of such plan during the pendency of an appeal, except upon an order holding, based on the record, that adoption of such plan was an abuse of discretion.

(3)

Special authority of Court of Appeals—

(A)

Ordering of new remedial plan— If, upon consideration of an appeal under this title, the Court of Appeals determines that a plan does not comply with the requirements of this title, it shall direct that the District Court promptly develop a new remedial plan with assistance of a special master for consideration by the Court of Appeals.

(B)

Failure of district court to take timely action— If, at any point during the pendency of an action under this section, the District Court fails to take action necessary to permit resolution of the case prior to the next regularly scheduled election for the House of Representatives in the State or fails to grant the relief described in paragraph (1)(C), any party may seek a writ of mandamus from the Court of Appeals for the District of Columbia Circuit. The Court of Appeals shall have jurisdiction over the motion for a writ of mandamus and shall establish an expedited briefing and hearing schedule for resolution of the motion. If the Court of Appeals determines that a writ should be granted, the Court of Appeals shall take any action necessary, including developing a congressional redistricting plan with assistance of a special master to ensure that a remedial plan is adopted in time for use in the next regularly scheduled election for the House of Representatives in the State.

(4)

Effect of enactment of replacement plan— A State’s enactment of a redistricting plan which replaces a plan which is the subject of an action under this section shall not be construed to limit or otherwise affect the authority of the court to adjudicate or grant relief with respect to any claims or issues not addressed by the replacement plan, including claims that the plan which is the subject of the action was enacted, in whole or in part, with discriminatory intent, or claims to consider whether relief should be granted under section 3(c) of the Voting Rights Act of 1965 (52 U.S.C. 10302(c)) based on the plan which is the subject of the action.

(d)

Attorney’s Fees— In a civil action under this section, the court may allow the prevailing party (other than the United States) reasonable attorney fees, including litigation expenses, and costs.

(e)

Relation to Other Laws—

(1)

Rights and remedies additional to other rights and remedies— The rights and remedies established by this section are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this title shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).

(2)

Voting Rights Act of 1965— Nothing in this title authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).

(f)

Legislative privilege— No person, legislature, or State may claim legislative privilege under either State or Federal law in a civil action brought under this section or in any other legal challenge, under either State or Federal law, to a redistricting plan enacted under this title.

(g)

Removal—

(1)

In general— At any time, a civil action brought in a State court which asserts a claim for which the district courts of the United States have exclusive jurisdiction under this title may be removed by any party in the case, including an intervenor, by filing, in the district court for an applicable venue under this section, a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure containing a short and plain statement of the grounds for removal. Consent of parties shall not be required for removal.

(2)

Claims not within the original or supplemental jurisdiction— If a civil action removed in accordance with paragraph (1) contains claims not within the original or supplemental jurisdiction of the district court, the district court shall sever all such claims and remand them to the State court from which the action was removed.

Sec. 5007 No effect on elections for State and local office

Nothing in this title or in any amendment made by this title may be construed to affect the manner in which a State carries out elections for State or local office, including the process by which a State establishes the districts used in such elections.

Sec. 5008 Effective date

(a)

In general— This title and the amendments made by this title shall apply on the date of enactment of this title.

(b)

Application to Congressional redistricting plans resulting from 2020 decennial census— Notwithstanding subsection (a), this title and the amendments made by this title, other than section 5004, shall apply with respect to each congressional redistricting plan enacted pursuant to the notice of apportionment transmitted to the President on April 26, 2021, without regard to whether or not a State enacted such a plan prior to the date of the enactment of this Act.

VI Campaign Finance Transparency

A DISCLOSE Act

Sec. 6001 Short title

This subtitle may be cited as the “Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2023” or the “DISCLOSE Act of 2023”.

Sec. 6002 Findings

Congress finds the following:

(1)

Campaign finance disclosure is a narrowly tailored and minimally restrictive means to advance substantial government interests, including fostering an informed electorate capable of engaging in self-government and holding their elected officials accountable, detecting and deterring quid pro quo corruption, and identifying information necessary to enforce other campaign finance laws, including campaign contribution limits and the prohibition on foreign money in U.S. campaigns. To further these substantial interests, campaign finance disclosure must be timely and complete, and must disclose the true and original source of money given, transferred, and spent to influence Federal elections. Current law does not meet this objective because corporations and other entities that the Supreme Court has permitted to spend money to influence Federal elections are subject to few if any transparency requirements.

(2)

As the Supreme Court recognized in its per curiam opinion in Buckley v. Valeo, 424 U.S. 1, (1976), “disclosure requirements certainly in most applications appear to be the least restrictive means of curbing the evils of campaign ignorance and corruption that Congress found to exist”. Buckley, 424 U.S. at 68. In Citizens United v. FEC, the Court reiterated that “disclosure is a less restrictive alternative to more comprehensive regulations of speech”. 558 U.S. 310, 369 (2010).

(3)

No subsequent decision has called these holdings into question, including the Court’s decision in Americans for Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). That case did not involve campaign finance disclosure, and the Court did not overturn its longstanding recognition of the substantial interests furthered by such disclosure.

(4)

Campaign finance disclosure is also essential to enforce the Federal Election Campaign Act’s prohibition on contributions by and solicitations of foreign nationals. See section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121).

(5)

Congress should close loopholes allowing spending by foreign nationals in domestic elections. For example, in 2021, the Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process, found reason to believe and conciliated a matter where an experienced political consultant knowingly and willfully violated Federal law by soliciting a contribution from a foreign national by offering to transmit a $2,000,000 contribution to a super PAC through his company and two 501(c)(4) organizations, to conceal the origin of the funds. This scheme was only unveiled after appearing in a The Telegraph UK article and video capturing the solicitation. See Conciliation Agreement, MURs 7165 & 7196 (Great America PAC, et al.), date June 28, 2021; Factual and Legal Analysis, MURs 7165 & 7196 (Jesse Benton), dated Mar. 2, 2021.

1 Closing Loopholes Allowing Spending by Foreign Nationals in Elections

Sec. 6003 Clarification of application of foreign money ban to certain disbursements and activities

Section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)) is amended—

(1)

by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right;

(2)

by striking “As used in this section, the term” and inserting the following:

“(1) Foreign national—The term”

(3)

by moving paragraphs (1) and (2) two ems to the right and redesignating them as subparagraphs (A) and (B), respectively; and

(4)

by adding at the end the following new paragraph:

“(2) Contribution and donation—For purposes of paragraphs (1) and (2) of subsection (a), the term contribution or donation includes any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication (as defined in section 304(f)(3)).”

Sec. 6004 Study and report on illicit foreign money in Federal elections

(a)

Study— For each 4-year election cycle (beginning with the 4-year election cycle ending in 2020), the Comptroller General shall conduct a study on the incidence of illicit foreign money in all elections for Federal office held during the preceding 4-year election cycle, including what information is known about the presence of such money in elections for Federal office.

(b)

Report—

(1)

In general— Not later than the applicable date with respect to any 4-year election cycle, the Comptroller General shall submit to the appropriate congressional committees a report on the study conducted under subsection (a).

(2)

Matters included— The report submitted under paragraph (1) shall include a description of the extent to which illicit foreign money was used to target particular groups, including rural communities, African-American and other minority communities, and military and veteran communities, based on such targeting information as is available and accessible to the Comptroller General.

(3)

Applicable date— For purposes of paragraph (1), the term applicable date means—

(A)

in the case of the 4-year election cycle ending in 2020, the date that is 1 year after the date of the enactment of this Act; and

(B)

in the case of any other 4-year election cycle, the date that is 1 year after the date on which such 4-year election cycle ends.

(c)

Definitions— As used in this section:

(1)

4-year election cycle— The term 4-year election cycle means the 4-year period ending on the date of the general election for the offices of President and Vice President.

(2)

Illicit foreign money— The term illicit foreign money means any contribution, donation, expenditure, or disbursement by a foreign national (as defined in section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b))) prohibited under such section.

(3)

Election; federal office— The terms “election” and “Federal office” have the meanings given such terms under section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).

(4)

Appropriate congressional committees— The term appropriate congressional committees means—

(A)

the Committee on House Administration of the House of Representatives;

(B)

the Committee on Rules and Administration of the Senate;

(C)

the Committee on the Judiciary of the House of Representatives; and

(D)

the Committee on the Judiciary of the Senate.

(d)

Sunset— This section shall not apply to any 4-year election cycle beginning after the election for the offices of President and Vice President in 2032.

Sec. 6005 Prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda

(a)

In general— Section 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)), as amended by section 6003, is amended by adding at the end the following new paragraph:

“(3) Federal, state, or local election—The term Federal, State, or local election includes a State or local ballot initiative or referendum, but only in the case of—

“(A) a covered foreign national described in section 304(j)(3)(C); or

“(B) a foreign principal described in section 1(b)(2) or 1(b)(3) of the Foreign Agent Registration Act of 1938, as amended (22 U.S.C. 611(b)(2) or (b)(3)) or an agent of such a foreign principal under such Act.”

(b)

Effective date— The amendment made by this section shall apply with respect to elections held in 2024 or any succeeding year.

Sec. 6006 Disbursements and activities subject to foreign money ban

(a)

Disbursements described— Section 319(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended—

(1)

by striking “or” at the end of subparagraph (B); and

(2)

by striking subparagraph (C) and inserting the following:

“(C) an expenditure;

“(D) an independent expenditure;

“(E) a disbursement for an electioneering communication (within the meaning of section 304(f)(3));

“(F) a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate;

“(G) a disbursement by a covered foreign national described in section 304(j)(3)(C) for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy);

“(H) a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform (as defined in section 304(k)(3)), that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a covered foreign national described in section 304(j)(3)(C);

“(I) a disbursement by a covered foreign national described in section 304(j)(3)(C) to compensate any person for internet activity that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy); or

“(J) a disbursement by a covered foreign national described in section 304(j)(3)(C) for a Federal judicial nomination communication (as defined in section 324(g)(2));”

(b)

Effective date— The amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act.

Sec. 6007 Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals

(a)

Prohibition— Chapter 29 of title 18, United States Code, as amended by section 2001(a), is amended by adding at the end the following:

“613. Establishment of corporation to conceal election contributions and donations by foreign nationals

“(a) Offense—It shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited under such section 319.

“(b) Penalty—Any person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both.”

(b)

Table of sections— The table of sections for chapter 29 of title 18, United States Code, as amended by section 2001(b), is amended by inserting after the item relating to section 612 the following:

2 Reporting of Campaign-Related Disbursements

Sec. 6011 Reporting of campaign-related disbursements

(a)

In general— Section 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as follows:

“324. Disclosure of campaign-related disbursements by covered organizations

“(a) Disclosure statement

“(1) In general—Any covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)—

“(A) in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and

“(B) in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date.

“(2) Information described—The information described in this paragraph is as follows:

“(A) The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports under section 15(d) of that Act (15 U.S.C. 78o(d))) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that—

“(i) identifies each beneficial owner by name and current residential or business street address; and

“(ii) if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity.

“(B) The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made.

“(C) In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and if such communication is in support of or in opposition to the identified candidate.

“(D) A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party.

“(E)

“(i) If the covered organization makes campaign-related disbursements using exclusively funds in a campaign-related disbursement segregated fund, for each payment made to the account by a person other than the covered organization—

“(I) the name and address of each person who made such payment to the account during the period covered by the statement;

“(II) the date and amount of such payment; and

“(III) the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date,

“(ii) In any calendar year after 2024, section 315(c)(1)(B) shall apply to the amount described in clause (i) 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 calendar year 2024.

“(F)

“(i) If the covered organization makes campaign-related disbursements using funds other than funds in a campaign-related disbursement segregated fund, for each payment to the covered organization—

“(I) the name and address of each person who made such payment during the period covered by the statement;

“(II) the date and amount of such payment; and

“(G) Such other information as required in rules established by the Commission to promote the purposes of this section.

“(3) Exceptions

“(A) Amounts received in ordinary course of business—The requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization.

“(B) Donor restriction on use of funds—The requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if—

“(i) the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and

“(ii) the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from a campaign-related disbursement segregated fund and any other account used to make campaign-related disbursements.

“(C) Threat of harassment or reprisal—The requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals.

“(4) Other definitions—For purposes of this section:

“(A) Beneficial owner defined

“(i) In general—Except as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly—

“(I) exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or

“(II) has a substantial interest in or receives substantial economic benefits from the assets of an entity.

“(ii) Exceptions—The term beneficial owner shall not include—

“(I) a minor child;

“(II) a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;

“(III) a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person;

“(IV) a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or

“(V) a creditor of an entity, unless the creditor also meets the requirements of clause (i).

“(iii) Anti-abuse rule—The exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A).

“(B) Campaign-related disbursement segregated fund—The term campaign-related disbursement segregated fund means a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account.

“(C) Disclosure date—The term disclosure date means—

“(i) the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and

“(ii) any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle.

“(D) Election reporting cycle—The term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office.

“(E) Payment—The term payment includes any contribution, donation, transfer, payment of dues, or other payment.

“(b) Coordination with other provisions—Information included in a statement filed under this section may be excluded from statements and reports filed under section 304.

“(c) Filing—Statements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304.

“(d) Campaign-Related disbursement defined

“(1) In general—In this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following:

“(A) An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office.

“(B) An applicable public communication.

“(C) An electioneering communication, as defined in section 304(f)(3).

“(D) A covered transfer.

“(2) Applicable public communications

“(A) In general—The term applicable public communication means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office.

“(B) Exception—Such term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate.

“(e) Covered organization defined—In this section, the term covered organization means any of the following:

“(1) A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986).

“(2) A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986).

“(3) An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code).

“(4) A labor organization (as defined in section 316(b)).

“(5) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)).

“(6) A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts.

“(f) Covered transfer defined

“(1) In general—In this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization—

“(A) designates, requests, or suggests that the amounts be used for—

“(i) campaign-related disbursements (other than covered transfers); or

“(ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements;

“(B) made such transfer or payment in response to a solicitation or other request for a donation or payment for—

“(i) the making of or paying for campaign-related disbursements (other than covered transfers); or

“(ii) making a transfer to another person for the purpose of making or paying for such campaign-related disbursements;

“(C) engaged in discussions with the recipient of the transfer or payment regarding—

“(i) the making of or paying for campaign-related disbursements (other than covered transfers); or

“(ii) donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; or

“(D) knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment.

“(2) Exclusions—The term covered transfer does not include any of the following:

“(A) A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization.

“(B) A disbursement made by a covered organization if—

“(i) the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and

“(ii) the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from a campaign-related disbursement segregated fund and any other account used to make campaign-related disbursements.

“(3) Special rule regarding transfers among affiliates

“(A) Special rule—A transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by the covered organization which transfers the amount only if the aggregate amount transferred during the year by such covered organization to that same covered organization is equal to or greater than $50,000.

“(B) Determination of amount of certain payments among affiliates—In determining the amount of a transfer between affiliates for purposes of subparagraph (A), to the extent that the transfer consists of funds attributable to dues, fees, or assessments which are paid by individuals on a regular, periodic basis in accordance with a per-individual calculation which is made on a regular basis, the transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization.

“(C) Description of transfers between affiliates—A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if—

“(i) one of the organizations is an affiliate of the other organization; or

“(ii) each of the organizations is an affiliate of the same organization,

“(D) Determination of affiliate status—For purposes of subparagraph (C), a covered organization is an affiliate of another covered organization if—

“(i) the governing instrument of the organization requires it to be bound by decisions of the other organization;

“(ii) the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board, officers, or paid executive staff members of the other organization, or whose service on the governing board is contingent upon the approval of the other organization; or

“(iii) the organization is chartered by the other organization.

“(E) Coverage of transfers to affiliated Section 501(c)(3) organizations—This paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization.

“(g) No effect on other reporting requirements—Except as provided in subsection (b)(1), nothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements.”

(b)

Conforming amendment— Section 304(f)(6) of such Act (52 U.S.C. 30104) is amended by striking “Any requirement” and inserting “Except as provided in section 324(b), any requirement”.

(c)

Regulations— Not later than 6 months after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations relating the application of the exemption under section 324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by subsection (a)). Such regulations—

(1)

shall require that the legal burden of establishing eligibility for such exemption is upon the organization required to make the report required under section 324(a)(1) of such Act (as added by subsection (a)), and

(2)

shall be consistent with the principles applied in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010).

Sec. 6012 Reporting of Federal judicial nomination disbursements

(a)

Findings— Congress makes the following findings:

(1)

A fair and impartial judiciary is critical for our democracy and crucial to maintain the faith of the people of the United States in the justice system. As the Supreme Court held in Caperton v. Massey, “there is a serious risk of actual bias—based on objective and reasonable perceptions—when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case”. (Caperton v. A. T. Massey Coal Co., 556 U.S. 868, 884 (2009)).

(2)

Public trust in government is at a historic low. According to polling, most Americans believe that corporations have too much power and influence in politics and the courts.

(3)

The prevalence and pervasiveness of dark money drives public concern about corruption in politics and the courts. Dark money is funding for organizations and political activities that cannot be traced to actual donors. It is made possible by loopholes in our tax laws and regulations, weak oversight by the Internal Revenue Service, and donor-friendly court decisions.

(4)

Under current law, “social welfare” organizations and business leagues can use funds to influence elections so long as political activity is not their “primary” activity. Super PACs can accept and spend unlimited contributions from any non-foreign source. These groups can spend tens of millions of dollars on political activities. Such dark money groups spent an estimated $1,050,000,000 in the 2020 election cycle.

(5)

Dark money is used to shape judicial decision making. This can take many forms, akin to agency capture: influencing judicial selection by controlling who gets nominated and funding candidate advertisements; creating public relations campaigns aimed at mobilizing the judiciary around particular issues; and drafting law review articles, amicus briefs, and other products which tell judges how to decide a given case and provide ready-made arguments for willing judges to adopt.

(6)

Over the past decade, nonprofit organizations that do not disclose their donors have spent hundreds of millions of dollars to influence the nomination and confirmation process for Federal judges. One organization alone has spent nearly $40,000,000 on advertisements supporting or opposing Supreme Court nominees since 2016.

(7)

Anonymous money spent on judicial nominations is not subject to any disclosure requirements. Federal election laws only regulate contributions and expenditures relating to electoral politics; thus, expenditures, contributions, and advocacy efforts for Federal judgeships are not covered under the Federal Election Campaign Act of 1971. Without more disclosure, the public has no way of knowing whether the people spending money supporting or opposing judicial nominations have business before the courts.

(8)

Congress and the American people have a compelling interest in knowing who is funding these campaigns to select and confirm judges to lifetime appointments on the Federal bench.

(b)

Reporting— Section 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126), as amended by section 6011, is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection:

“(g) Application to Federal judicial nominations

“(1) In general—For purposes of this section—

“(A) a disbursement by a covered organization for a Federal judicial nomination communication shall be treated as a campaign-related disbursement; and

“(B) in the case of campaign-related disbursements which are for Federal judicial nomination communications—

“(i) the dollar amounts in paragraphs (1) and (2) of subsection (a) shall be applied separately with respect to such disbursements and other campaign-related disbursements;

“(ii) the election reporting cycle shall be the calendar year in which the disbursement for the Federal judicial nomination communication is made;

“(iii) references to a candidate in subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C) shall be treated as references to a nominee for a Federal judge or justice; and

“(iv) the reference to an election in subsection (a)(2)(C) shall be treated as a reference to the nomination of such nominee.

“(2) Federal judicial nomination communication

“(A) In general—The term Federal judicial nomination communication means any communication—

“(i) that is by means of any broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and

“(ii) which promotes, supports, attacks, or opposes the nomination or Senate confirmation of an individual as a Federal judge or justice.

“(C) Intent not required—A disbursement for an item described in subparagraph (A) shall be treated as a disbursement for a Federal judicial nomination communication regardless of the intent of the person making the disbursement.”

Sec. 6013 Coordination with FinCEN

(a)

In general— The Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as amended by this part.

(b)

Report— Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324.

Sec. 6014 Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers

Section 319(b)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by section 6003, is amended—

(1)

by striking “includes any disbursement” and inserting

“(A) any disbursement”

(2)

by striking the period at the end and inserting “; and”, and

(3)

by adding at the end the following new subparagraph:

“(B) any disbursement, other than a disbursement described in section 324(a)(3)(A), to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the 2-year period ending on the date of the disbursement.”

Sec. 6015 Sense of Congress regarding implementation

It is the sense of Congress that the Federal Election Commission should simplify the process for filing any disclosure required under the provisions of, and amendments made by, this part in order to ensure that such process is as easy and accessible as possible.

Sec. 6016 Effective date

The amendments made by this part shall apply with respect to disbursements made on or after January 1, 2024, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

3 Other Administrative Reforms

Sec. 6021 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. 6022 Judicial review of actions related to campaign finance laws

(a)

In general— Title IV of the Federal Election Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section 406 the following new section:

“407. Judicial review

“(a) In general—If any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality or lawfulness of any provision of this Act, including title V, or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply:

“(1) The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit.

“(2) In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate.

“(3) It shall be the duty of the United States District Court for the District of Columbia and the Court of Appeals for the District of Columbia Circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.

“(b) Clarifying scope of jurisdiction—If an action at the time of its commencement is not subject to subsection (a), but an amendment, counterclaim, cross-claim, affirmative defense, or any other pleading or motion is filed challenging, whether facially or as-applied, the constitutionality or lawfulness of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the district court shall transfer the action to the District Court for the District of Columbia, and the action shall thereafter be conducted pursuant to subsection (a).

“(c) Intervention by Members of Congress—In any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument.

“(d) Challenge by Members of Congress—Any Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986.”

(b)

Conforming amendments—

(1)

Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows:

“9011. Judicial review

“For provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.”

(2)

Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows:

“9041. Judicial review

“For provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971.”

(3)

Section 310 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30110) is repealed.

(4)

Section 403 of the Bipartisan Campaign Reform Act of 2002 (52 U.S.C. 30110 note) is repealed.

Sec. 6023 Effective date

The amendments made by this subtitle shall take effect and apply on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out this subtitle and the amendments made by this subtitle.

B Honest Ads

Sec. 6101 Short title

This subtitle may be cited as the “Honest Ads Act”.

Sec. 6102 Purpose

The purpose of this subtitle is to enhance the integrity of American democracy and national security by improving disclosure requirements for online political advertisements in order to uphold the Supreme Court’s well-established standard that the electorate bears the right to be fully informed.

Sec. 6103 Findings

Congress makes the following findings:

(1)

In 2002, the Bipartisan Campaign Reform Act of 2002 (Public Law 107–155) became law, establishing disclosure requirements for political advertisements distributed from a television or radio broadcast station or provider of cable or satellite television. In 2003, the Supreme Court upheld regulations on electioneering communications established under the Act, noting that such requirements “provide the electorate with information and insure that the voters are fully informed about the person or group who is speaking”. The Court reaffirmed this conclusion in 2010 by an 8–1 vote.

(2)

In its 2006 rulemaking, the Federal Election Commission, the independent Federal agency charged with protecting the integrity of the Federal campaign finance process, noted that 18 percent of all Americans cited the internet as their leading source of news about the 2004 Presidential election. By contrast, Gallup and the Knight Foundation found in 2020 that the majority of Americans, 58 percent, got most of their news about elections online.

(3)

According to studies from AdImpact and Borrell Associates, in 2020, an estimated $1,700,000,000 was spent on online political advertising, more than 10 times the amount spent in 2012.

(4)

In order to enhance transparency of all political advertisement funding, it is prudent to extend to online internet platforms the same types of political advertisement disclosure requirements applicable to broadcast television and radio stations, and providers of cable and satellite television.

(5)

Effective and complete transparency for voters must include information about the true and original source of money given, transferred, and spent on political advertisements made online.

(6)

Requiring the disclosure of this information is a necessary and narrowly tailored means to inform the voting public of who is behind digital advertising disseminated to influence their votes and to enable the Federal Election Commission and the Department of Justice to detect and prosecute illegal foreign spending on local, State, and Federal elections and other campaign finance violations.

(7)

Paid advertising on large online platforms is different from advertising placed on other common media in terms of the comparatively low cost of reaching large numbers of people, the availability of sophisticated microtargeting, and the ease with which online advertisers, particularly those located outside the United States, can evade disclosure requirements. Requiring large online platforms to maintain public files of information about the online political ads they disseminate is the best and least restrictive means to ensure the voting public has complete information about who is trying to influence their votes and to aid enforcement of other laws, including the prohibition on foreign money in domestic campaigns.

(8)

The reach of a few large internet platforms—larger than any broadcast, satellite, or cable provider—has greatly facilitated the scope and effectiveness of disinformation campaigns. For instance, the largest platform has over 247,000,000 American users—over 153,000,000 of them on a daily basis. By contrast, the largest cable television provider has 16,142,000 subscribers, while the largest satellite television provider has 13,300,000 subscribers. And the most-watched television broadcast in United States history had 118,000,000 viewers.

(9)

The public nature of broadcast television, radio, and satellite ensures a level of publicity for any political advertisement. These communications are accessible to the press, fact-checkers, and political opponents. This creates strong disincentives for a candidate to disseminate materially false, inflammatory, or contradictory messages to the public. Social media platforms, in contrast, can target portions of the electorate with direct, ephemeral advertisements often on the basis of private information the platform has on individuals, enabling political advertisements that are contradictory, racially or socially inflammatory, or materially false.

(10)

Large social media platforms are the only entities in possession of certain key data related to paid online ads, including the exact audience targeted by those ads and their number of impressions. Such information, which cannot be reliably disclosed by the purchasers of ads, is extremely useful for informing the electorate, guarding against corruption, and aiding in the enforcement of existing campaign finance regulations.

(11)

Paid advertisements on social media platforms have served as critical tools for foreign online influence campaigns—even those that rely on large amounts of unpaid content—because such ads allow foreign actors to test the effectiveness of different messages, expose their messages to audiences who have not sought out such content, and recruit audiences for future campaigns and posts.

(12)

A 2019 Senate Select Committee on Intelligence’s Report on Russian Active Measures Campaigns and Interference in the 2016 U.S. Election Volume 2: Russia’s Use of Social Media with Additional Views, the Committee recommended “that Congress examine legislative approaches to ensuring Americans know the sources of online political advertisements. The Federal Election Campaign Act of 1971 requires political advertisements on television, radio and satellite to disclose the sponsor of the advertisement. The same requirements should apply online. This will also help to ensure that the IRA or any similarly situated actors cannot use paid advertisements for purposes of foreign interference.”.

(13)

On March 16, 2021, the Office of the Director of National Intelligence released the declassified Intelligence Community assessment of foreign threats to the 2020 U.S. Federal elections. The declassified report found: “Throughout the election cycle, Russia’s online influence actors sought to affect US public perceptions of the candidates, as well as advance Moscow’s longstanding goals of undermining confidence in US election processes and increasing sociopolitical divisions among the American people.”. The report also determined that Iran sought to influence the election by “creating and amplifying social media content that criticized [candidates]”.

(14)

According to a Wall Street Journal report in April 2021, voluntary ad libraries operated by major platforms rely on foreign governments to self-report political ad purchases. These ad buys, including those diminishing major human rights violations like the Uighur genocide, are under-reported by foreign government purchasers, with no substantial oversight or repercussions from the platforms.

(15)

Multiple reports have indicated that online ads have become a key vector for strategic influence by the People’s Republic of China. An April 2021 Wall Street Journal report noted that the Chinese government and Chinese State-owned enterprises are major purchasers of ads on the U.S.’s largest social media platform, including to advance Chinese propaganda.

(16)

Large online platforms have made changes to their policies intended to make it harder for foreign actors to purchase political ads. However, these private actions have not been taken by all platforms, have not been reliably enforced, and are subject to immediate change at the discretion of the platforms.

(17)

The Federal Election Commission's current regulations on political advertisements do not provide sufficient transparency to uphold the public’s right to be fully informed about political advertisements made online.

Sec. 6104 Sense of Congress

It is the sense of Congress that—

(1)

the dramatic increase in digital political advertisements, and the growing centrality of online platforms in the lives of Americans, requires the Congress and the Federal Election Commission to take meaningful action to ensure that laws and regulations provide the accountability and transparency that is fundamental to our democracy;

(2)

free and fair elections require both transparency and accountability which give the public a right to know the true sources of funding for political advertisements, be they foreign or domestic, in order to make informed political choices and hold elected officials accountable; and

(3)

transparency of funding for political advertisements is essential to enforce other campaign finance laws, including the prohibition on campaign spending by foreign nationals.

Sec. 6105 Expansion of definition of public communication

(a)

In general— Paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)) is amended by striking “or satellite communication” and inserting “satellite, paid internet, or paid digital communication”.

(b)

Treatment of contributions and expenditures— Section 301 of such Act (52 U.S.C. 30101) is amended—

(1)

in paragraph (8)(B)(v), by striking “on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising” and inserting “in any public communication”; and

(2)

in paragraph (9)(B)—

(A)

by amending clause (i) to read as follows:

“(i) any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, periodical, blog, or platform, unless such broadcasting, print, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;”

(B)

in clause (iv), by striking “on broadcasting stations, or in newspapers, magazines, or similar types of general public political advertising” and inserting “in any public communication”.

(c)

Disclosure and disclaimer statements— Subsection (a) of section 318 of such Act (52 U.S.C. 30120) is amended—

(1)

by striking “financing any communication through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising” and inserting “financing any public communication”; and

(2)

by striking “solicits any contribution through any broadcasting station, newspaper, magazine, outdoor advertising facility, mailing, or any other type of general public political advertising” and inserting “solicits any contribution through any public communication”.

(d)

Effective date— The amendments made by this section shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated the final regulations necessary to carry out this part and the amendments made by this part by the deadline set forth in subsection (e).

(e)

Regulation— Not later than 1 year after the date of the enactment of this Act, the Federal Election Commission shall promulgate regulations on what constitutes a paid internet or paid digital communication for purposes of paragraph (22) of section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22)), as amended by subsection (a), except that such regulation shall not define a paid internet or paid digital communication to include communications for which the only payment consists of internal resources, such as employee compensation, of the entity paying for the communication.

Sec. 6106 Expansion of definition of electioneering communication

(a)

Expansion to online communications—

(1)

Application to qualified Internet and digital communications—

(A)

In general— Subparagraph (A) of section 304(f)(3) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) is amended by striking “or satellite communication” each place it appears in clauses (i) and (ii) and inserting “satellite, or qualified internet or digital communication”.

(B)

Qualified Internet or digital communication— Paragraph (3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is amended by adding at the end the following new subparagraph:

“(D) Qualified Internet or digital communication—The term qualified internet or digital communication means any communication which is placed or promoted for a fee on an online platform (as defined in subsection (k)(3)).”

(2)

Nonapplication of relevant electorate to online communications— Section 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting “any broadcast, cable, or satellite” before “communication”.

(3)

News exemption— Section 304(f)(3)(B)(i) of such Act (52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:

“(i) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper, magazine, publication, periodical, blog, or platform, unless such broadcasting, online, or digital facilities are owned or controlled by any political party, political committee, or candidate;”

(b)

Effective date— The amendments made by this section shall apply with respect to communications made on or after January 1, 2024, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

Sec. 6107 Application of disclaimer statements to online communications

(a)

Clear and conspicuous manner requirement— Subsection (a) of section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is amended—

(1)

by striking “shall clearly state” each place it appears in paragraphs (1), (2), and (3) and inserting “shall state in a clear and conspicuous manner”; and

(2)

by adding at the end the following flush sentence: “For purposes of this section, a communication does not make a statement in a clear and conspicuous manner if it is difficult to read or hear or if the placement is easily overlooked.”.

(b)

Special rules for qualified Internet or digital communications—

(1)

In general— Section 318 of such Act (52 U.S.C. 30120) is amended by adding at the end the following new subsection:

“(e) Special rules for qualified Internet or digital communications

“(1) Special rules with respect to statements—In the case of any qualified internet or digital communication (as defined in section 304(f)(3)(D)) which is disseminated through a medium in which the provision of all of the information specified in this section is not possible, the communication shall, in a clear and conspicuous manner—

“(A) state the name of the person who paid for the communication; and

“(B) provide a means for the recipient of the communication to obtain the remainder of the information required under this section with minimal effort and without receiving or viewing any additional material other than such required information.

“(2) Safe harbor for determining clear and conspicuous manner—A statement in qualified internet or digital communication (as defined in section 304(f)(3)(D)) shall be considered to be made in a clear and conspicuous manner as provided in subsection (a) if the communication meets the following requirements:

“(A) Text or graphic communications—In the case of a text or graphic communication, the statement—

“(i) appears in letters at least as large as the majority of the text in the communication; and

“(ii) meets the requirements of paragraphs (2) and (3) of subsection (c).

“(B) Audio communications—In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least 3 seconds.

“(C) Video communications—In the case of a video communication which also includes audio, the statement—

“(i) is included at either the beginning or the end of the communication; and

“(ii) is made both in—

“(I) a written format that meets the requirements of subparagraph (A) and appears for at least 4 seconds; and

“(II) an audible format that meets the requirements of subparagraph (B).

“(D) Other communications—In the case of any other type of communication, the statement is at least as clear and conspicuous as the statement specified in subparagraph (A), (B), or (C).”

(2)

Nonapplication of certain exceptions— The exceptions provided in section 110.11(f)(1)(i) and (ii) of title 11, Code of Federal Regulations, or any successor to such rules, shall have no application to qualified internet or digital communications (as defined in section 304(f)(3)(D) of the Federal Election Campaign Act of 1971).

(c)

Modification of additional requirements for certain communications— Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended—

(1)

in paragraph (1)(A)—

(A)

by striking “which is transmitted through radio” and inserting “which is in an audio format”; and

(B)

by striking “By radio” in the heading and inserting “Audio format”;

(2)

in paragraph (1)(B)—

(A)

by striking “which is transmitted through television” and inserting “which is in video format”; and

(B)

by striking “By television” in the heading and inserting “Video format”; and

(3)

in paragraph (2)—

(A)

by striking “transmitted through radio or television” and inserting “made in audio or video format”; and

(B)

by striking “through television” in the second sentence and inserting “in video format”.

(d)

Effective date— The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

Sec. 6108 Political record requirements for online platforms

(a)

In general— Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 3802, is amended by adding at the end the following new subsection:

“(k) Disclosure of certain online advertisements

“(1) In general

“(A) Requirements for online platforms

“(i) In general—An online platform shall maintain, and make available for online public inspection in machine-readable format, a complete record of any qualified political advertisement which is purchased by a person whose aggregate purchases of qualified political advertisements on such online platform during the calendar year exceeds $500.

“(ii) Requirement relating to political ads sold by third-party advertising vendors—An online platform that displays a qualified political advertisement sold by a third-party advertising vendor shall include on its own platform—

“(I) an easily accessible and identifiable link to the records maintained by the third-party advertising vendor under clause (i) regarding such qualified political advertisement; or

“(II) in any case in which the third-party advertising vendor does not make such records available, a statement that no records from the third-party advertising vendor’s records are available.

“(B) Requirements for advertisers—Any person who requests to purchase a qualified political advertisement on an online platform shall provide the online platform with such information as is necessary for the online platform to comply with the requirements of subparagraph (A).

“(2) Contents of record—A record maintained under paragraph (1)(A) shall contain—

“(A) a digital copy of the qualified political advertisement;

“(B) a description of the audience that received the advertisement, the number of views generated from the advertisement, and the date and time that the advertisement is first displayed and last displayed; and

“(C) information regarding—

“(i) the total cost of the advertisement (which may be rounded to the nearest $100);

“(ii) the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election, the election to which the advertisement refers, or the national legislative issue to which the advertisement refers (as applicable);

“(iii) in the case of a request made by, or on behalf of, a candidate, the name of the candidate, the authorized committee of the candidate, and the treasurer of such committee; and

“(iv) in the case of any request not described in clause (iii), the name of the person purchasing the advertisement, the name and address of a contact person for such person, and a list of the chief executive officers or members of the executive committee or of the board of directors of such person.

“(3) Online platform

“(A) In general—For purposes of this subsection, subject to subparagraph (B), the term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which—

“(i)

“(I) sells qualified political advertisements; and

“(II) has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months; or

“(ii) is a third-party advertising vendor that has 50,000,000 or more unique monthly United States visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding 12 months, as measured by an independent digital ratings service accredited by the Media Ratings Council (or its successor).

“(B) Exemption—Such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper, magazine, blog, publication, or periodical.

“(C) Third-party advertising vendor defined—For purposes of this subsection, the term third-party advertising vendor includes any third-party advertising vendor network, advertising agency, advertiser, or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites, search engines, digital applications, or social media sites.

“(4) Qualified political advertisement—For purposes of this subsection, the term qualified political advertisement means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that—

“(A) is made by or on behalf of a candidate; or

“(B) communicates a message relating to any political matter of national importance, including—

“(i) a candidate;

“(ii) any election to Federal office; or

“(iii) a national legislative issue of public importance.

“(5) Time to maintain file—The information required under this subsection shall be made available as soon as possible and shall be retained by the online platform for a period of not less than 4 years.

“(6) Special rule—For purposes of this subsection, multiple versions of an advertisement that contain no material differences (such as versions that differ only because they contain a recipient’s name, or differ only in size, color, font, or layout) may be treated as a single qualified political advertisement.

“(7) Penalties—For penalties for failure by online platforms, and persons requesting to purchase a qualified political advertisement on online platforms, to comply with the requirements of this subsection, see section 309.”

(b)

(c)

Rulemaking— Not later than 120 days after the date of the enactment of this Act, the Federal Election Commission shall establish rules—

(1)

for determining whether an advertisement communicates a national legislative issue for purposes of section 304(k) of the Federal Election Campaign Act of 1971 (as added by subsection (a));

(2)

requiring common data formats for the record required to be maintained under such section 304(k) so that all online platforms submit and maintain data online in a common, machine-readable and publicly accessible format; and

(3)

establishing search interface requirements relating to such record, including searches by candidate name, issue, purchaser, and date.

(d)

Reporting— Not later than 2 years after the date of the enactment of this Act, and biannually thereafter, the Chairman of the Federal Election Commission shall submit a report to Congress on—

(1)

matters relating to compliance with and the enforcement of the requirements of section 304(k) of the Federal Election Campaign Act of 1971, as added by subsection (a);

(2)

recommendations for any modifications to such section to assist in carrying out its purposes; and

(3)

identifying ways to bring transparency and accountability to political advertisements distributed online for free.

Sec. 6109 Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising

Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121) is amended by adding at the end the following new subsection:

“(c) Responsibilities of broadcast stations, providers of cable and satellite television, and online platforms

“(1) In general—Each television or radio broadcast station, provider of cable or satellite television, or online platform (as defined in section 304(k)(3)) shall make reasonable efforts to ensure that communications described in section 318(a) and made available by such station, provider, or platform are not purchased by a foreign national, directly or indirectly.

“(2) Regulations—Not later than 1 year after the date of the enactment of this subsection, the Commission shall promulgate regulations on what constitutes reasonable efforts under paragraph (1).”

Sec. 6110 Requiring online platforms to display notices identifying sponsors of political advertisements and to ensure notices continue to be present when advertisements are shared

(a)

In general— Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as amended by section 3802 and section 6108(a), is amended by adding at the end the following new subsection:

“(l) Ensuring display and sharing of sponsor identification in online political advertisements

“(1) Requirement—Any online platform that displays a qualified political advertisement (regardless of whether such qualified political advertisement was purchased directly from the online platform) shall—

“(A) display with the advertisement a visible notice identifying the sponsor of the advertisement (or, if it is not practical for the platform to display such a notice, a notice that the advertisement is sponsored by a person other than the platform); and

“(B) ensure that the notice will continue to be displayed if a viewer of the advertisement shares the advertisement with others on that platform.

“(2) Safe harbor—An online platform shall not be treated as having failed to comply with the requirements of paragraph (1)(A) for the misidentification of a person as the sponsor of a the advertisement if—

“(A) the person placing the online advertisement designated the person displayed in the advertisement as the sponsor; and

“(B) the online platform relied on such designation in good faith.

“(3) Definitions—In this subsection—

“(A) the term online platform has the meaning given such term in subsection (k)(3);

“(B) the term ‘qualified political advertisement has the meaning given such term in subsection (k)(4); and

“(C) the term sponsor means the person purchasing the advertisement.”

(b)

Effective date— The amendment made by subsection (a) shall apply with respect to advertisements displayed on or after the 120-day period which begins on the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

C Spotlight Act

Sec. 6201 Short title

This subtitle may be cited as the “Spotlight Act”.

Sec. 6202 Inclusion of contributor information on annual returns of certain organizations

(a)

Repeal of regulations— The final regulations of the Department of the Treasury relating to guidance under section 6033 regarding the reporting requirements of exempt organizations (published at 85 Fed. Reg. 31959 (May 28, 2020)) shall have no force and effect.

(b)

Inclusion of contributor information—

(1)

Social welfare organizations— Section 6033(f)(1) of the Internal Revenue Code of 1986 is amended by inserting “(5),” after “paragraphs”.

(2)

Labor organizations and business leagues— Section 6033 of such Code is amended by redesignating subsection (o) as subsection (p) and by inserting after subsection (n) the following new subsection:

“(o) Additional requirements for organizations described in subsections (c)(5) and (c)(6) of section 501—Every organization which is described in paragraph (5) or (6) of section 501(c) and which is subject to the requirements of subsection (a) shall include on the return required under subsection (a) the information referred to in subsection (b)(5).”

(3)

Effective date— The amendments made by this subsection shall apply to returns required to be filed for taxable years ending after the date of the enactment of this Act.

(c)

Modification to discretionary exceptions— Section 6033(a)(3)(B) of the Internal Revenue Code of 1986 is amended to read as follows:

“(B) Discretionary exceptions

“(i) In general—Paragraph (1) shall not apply to any organization if the Secretary made a determination under this subparagraph before July 16, 2018, that such filing is not necessary to the efficient administration of the internal revenue laws.

“(ii) Recommendations for other exceptions—The Secretary may recommend to Congress that Congress relieve any organization required under paragraph (1) to file an information return from filing such a return if the Secretary determines that such filing does not advance a national security, law enforcement, or tax administration purpose.”

VII Campaign Finance Oversight

A Stopping Super PAC–Candidate Coordination

Sec. 7001 Short title

This subtitle may be cited as the “Stop Super PAC–Candidate Coordination Act”.

Sec. 7002 Clarification of treatment of coordinated expenditures as contributions to candidates

(a)

Treatment as contribution to candidate— Section 301(8)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended—

(1)

by striking “or” at the end of clause (i);

(2)

by striking the period at the end of clause (ii) and inserting “; or”; and

(3)

by adding at the end the following new clause:

“(iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated expenditure (as such term is defined in section 325) which is not otherwise treated as a contribution under clause (i) or clause (ii).”

(b)

Definitions— Title III of such Act (52 U.S.C. 30101 et seq.) is amended by adding at the end the following new section:

“325. Payments for coordinated expenditures

“(a) Coordinated expenditures

“(1) In general—For purposes of section 301(8)(A)(iii), the term coordinated expenditure means—

“(A) any expenditure, or any payment for a covered communication described in subsection (e), which is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, as defined in subsection (b); or

“(B) any payment for any communication which republishes, disseminates, or distributes, in whole or in part, any video or broadcast or any written, graphic, or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee (including any excerpt or use of any video from any such broadcast or written, graphic, or other form of campaign material).

“(2) Exception for payments for certain communications—A payment for a communication (including a covered communication described in subsection (e)) shall not be treated as a coordinated expenditure under this subsection if—

“(A) the communication appears in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or

“(B) the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission pursuant to section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum.

“(b) Coordination described

“(1) In general—For purposes of this section, a payment is made “in cooperation, consultation, or concert with, or at the request or suggestion of,” a candidate, an authorized committee of a candidate, a political committee of a political party, or agents of the candidate or committee, if the payment, or any communication for which the payment is made, is not made entirely independently of the candidate, committee, or agents. For purposes of the previous sentence, a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with, or pursuant to any communication with, the candidate, committee, or agents about the payment or communication.

“(2) No finding of coordination based solely on sharing of information regarding legislative or policy position—For purposes of this section, a payment shall not be considered to be made by a person in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee, solely on the grounds that the person or the person’s agent engaged in discussions with the candidate or committee, or with any agent of the candidate or committee, regarding that person's position on a legislative or policy matter (including urging the candidate or committee to adopt that person's position), so long as there is no communication between the person and the candidate or committee, or any agent of the candidate or committee, regarding the candidate’s or committee’s campaign advertising, message, strategy, policy, polling, allocation of resources, fundraising, or other campaign activities.

“(3) No effect on party coordination standard—Nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section 315(d).

“(c) Payments by coordinated spenders for covered communications

“(1) Payments made in cooperation, consultation, or concert with candidates—For purposes of subsection (a)(1)(A), if the person who makes a payment for a covered communication, as defined in subsection (e), is a coordinated spender under paragraph (2) with respect to the candidate as described in paragraph (2), the payment for the covered communication is made in cooperation, consultation, or concert with the candidate.

“(2) Coordinated spender defined—For purposes of this subsection, the term coordinated spender means, with respect to a candidate or an authorized committee of a candidate, a person (other than a political committee of a political party) for which any of the following applies:

“(A) During the 4-year period ending on the date on which the person makes the payment, the person was directly or indirectly formed or established by or at the request or suggestion of, or with the encouragement of, the candidate (including an individual who later becomes a candidate) or committee or agents of the candidate or committee, including with the approval of the candidate or committee or agents of the candidate or committee.

“(B) The candidate or committee or any agent of the candidate or committee solicits funds, appears at a fundraising event, or engages in other fundraising activity on the person’s behalf during the election cycle involved, including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity, regardless of whether the person pays fair market value for the names or lists provided. For purposes of this subparagraph, the term election cycle means, with respect to an election for Federal office, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election).

“(C) The person is established, directed, or managed by the candidate or committee or by any person who, during the 4-year period ending on the date on which the person makes the payment, has been employed or retained as a political, campaign media, or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee, or has held a formal position with the candidate or committee (including a position as an employee of the office of the candidate at any time the candidate held any Federal, State, or local public office during the 4-year period).

“(D) The person has retained the professional services of any person who, during the 2-year period ending on the date on which the person makes the payment, has provided or is providing professional services relating to the campaign to the candidate or committee, unless the person providing the professional services used a firewall or similar procedure in accordance with subsection (d). For purposes of this subparagraph, the term professional services includes any services in support of the candidate’s or committee’s campaign activities, including advertising, message, strategy, policy, polling, allocation of resources, fundraising, and campaign operations, but does not include accounting or legal services.

“(E) The person is established, directed, or managed by a member of the immediate family of the candidate, or the person or any officer or agent of the person has had more than incidental discussions about the candidate’s campaign with a member of the immediate family of the candidate. For purposes of this subparagraph, the term immediate family has the meaning given such term in section 9004(e) of the Internal Revenue Code of 1986.

“(d) Use of firewall as safe harbor

“(1) No coordination if firewall applies—A person shall not be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee in accordance with this section if the person established and used a firewall or similar procedure to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment, but only if the firewall or similar procedures meet the requirements of paragraph (2).

“(2) Requirements described—The requirements described in this paragraph with respect to a firewall or similar procedure are as follows:

“(A) The firewall or procedure is designed and implemented to prohibit the flow of information between employees and consultants providing services for the person paying for the communication and those employees or consultants providing, or who previously provided, services to a candidate who is clearly identified in the communication or an authorized committee of the candidate, the candidate’s opponent or an authorized committee of the candidate’s opponent, or a committee of a political party.

“(B) The firewall or procedure must be described in a written policy that is distributed, signed, and dated by all relevant employees, consultants, and clients subject to the policy.

“(C) The policy must be preserved and retained by the person for at least 5 years following any termination or cessation of representation by employees, consultants, and clients who are subject to the policy.

“(D) The policy must prohibit any employees, consultants, and clients who are subject to the policy from attending meetings, trainings, or other discussions where nonpublic plans, projects, activities, or needs of candidates for election for Federal office or political committees are discussed.

“(E) The policy must prohibit each owner of an organization, and each executive, manager, and supervisor within an organization, from simultaneously overseeing the work of employees and consultants who are subject to the firewall or procedure.

“(F) The policy must place restrictions on internal and external communications, including by establishing separate emailing lists, for employees, consultants, and clients who are subject to the firewall or procedure and those who are not subject to the firewall or procedure.

“(G) The policy must require the person to establish separate files, including electronic file folders—

“(i) for employees, consultants, and clients who are subject to the firewall or procedure and to prohibit access to such files by employees, consultants, and clients who are not subject to the firewall or procedure; and

“(ii) for employees, consultants, and clients who are not subject to the firewall or procedure and to prohibit access to such files by employees, consultants, and clients who are subject to the firewall or procedure.

“(H) The person must conduct a training on the applicable requirements and obligations of this Act and the policy for all employees, consultants, and clients.

“(3) Exception if information is shared regardless of firewall—A person who established and used a firewall or similar procedure which meets the requirements of paragraph (2) shall be determined to have made a payment in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate or committee in accordance with this section if specific information indicates that, notwithstanding the establishment and use of the firewall or similar procedure, information about the candidate’s or committee’s campaign plans, projects, activities, or needs that is material to the creation, production, or distribution of the covered communication was used or conveyed to the person paying for the communication.

“(4) Use as defense to enforcement action—If, in a procedure or action brought by the Commission under section 309, a person who is alleged to have committed a violation of this Act which involves the making of a contribution which consists of a payment for a coordinated expenditure raises the use of a firewall or similar procedure as a defense, the person shall provide the Commission with—

“(A) a copy of the signed and dated firewall or procedure policy which applied to the person’s employees, consultants, or clients whose conduct is at issue in the procedure or action; and

“(B) a sworn, written affidavit of the employees, consultants, or clients who were subject to the policy that the terms, conditions, and requirements of the policy were met.

“(e) Covered communication defined

“(1) In general—For purposes of this section, the term covered communication means, with respect to a candidate or an authorized committee of a candidate, a public communication (as defined in section 301(22)) which—

“(A) expressly advocates the election of the candidate or the defeat of an opponent of the candidate (or contains the functional equivalent of express advocacy);

“(B) promotes or supports the election of the candidate, or attacks or opposes the election of an opponent of the candidate (regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy); or

“(C) refers to the candidate or an opponent of the candidate but is not described in subparagraph (A) or subparagraph (B), but only if the communication is disseminated during the applicable election period.

“(2) Applicable election period—In paragraph (1)(C), the “applicable election period” with respect to a communication means—

“(A) in the case of a communication which refers to a candidate in a general, special, or runoff election, the 120-day period which ends on the date of the election; or

“(B) in the case of a communication which refers to a candidate in a primary or preference election, or convention or caucus of a political party that has authority to nominate a candidate, the 60-day period which ends on the date of the election or convention or caucus.

“(3) Special rules for communications involving congressional candidates—For purposes of this subsection, a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of President or Vice President unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking.

“(f) Penalty

“(1) Determination of amount—Any person who knowingly and willfully commits a violation of this Act which involves the making of a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of—

“(A) in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this Act, 300 percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit; or

“(B) in the case of a person who is prohibited under this Act from making a contribution in any amount, 300 percent of the amount of the payment made by the person for the coordinated expenditure.

“(2) Joint and several liability—Any director, manager, or officer of a person who is subject to a penalty under paragraph (1) shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the 1-year period which begins on the date the Commission imposes the penalty or the 1-year period which begins on the date of the final judgment following any judicial review of the Commission’s action, whichever is later.”

(c)

Effective date—

(1)

Repeal of existing regulations on coordination— Effective upon the expiration of the 90-day period which begins on the date of the enactment of this Act—

(A)

the regulations on coordinated communications adopted by the Federal Election Commission which are in effect on the date of the enactment of this Act (as set forth under the heading “Coordination” in subpart C of part 109 of title 11, Code of Federal Regulations) are repealed; and

(B)

the Federal Election Commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this Act.

(2)

Effective date— The amendments made by this section shall apply with respect to payments made on or after the expiration of the 120-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations in accordance with paragraph (1)(B) as of the expiration of such period.

B Restoring Integrity to America’s Elections

Sec. 7101 Short title

This subtitle may be cited as the “Restoring Integrity to America’s Elections Act”.

Sec. 7102 Revision to enforcement process

(a)

Standard for initiating investigations and determining whether violations have occurred—

(1)

Revision of standards— Section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by striking paragraphs (2) and (3) and inserting the following:

“(2)

“(A) The general counsel, upon receiving a complaint filed with the Commission under paragraph (1) or upon the basis of information ascertained by the Commission in the normal course of carrying out its supervisory responsibilities, shall make a determination as to whether or not there is reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and as to whether or not the Commission should either initiate an investigation of the matter or that the complaint should be dismissed. The general counsel shall promptly provide notification to the Commission of such determination and the reasons therefore, together with any written response submitted under paragraph (1) by the person alleged to have committed the violation. Upon the expiration of the 30-day period which begins on the date the general counsel provides such notification, the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that the Commission should investigate the matter takes effect, or if the determination by the general counsel that the complaint should be dismissed is overruled as provided under the previous sentence, the general counsel shall initiate an investigation of the matter on behalf of the Commission.

“(B) If the Commission initiates an investigation pursuant to subparagraph (A), the Commission, through the Chair, shall notify the subject of the investigation of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of such alleged violation, which may include a field investigation or audit, in accordance with the provisions of this section. The general counsel shall provide notification to the Commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation. Upon the expiration of the 15-day period which begins on the date the general counsel provides such notification, the general counsel may issue the subpoena or conduct the discovery, unless during such 15-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, prohibits the general counsel from issuing the subpoena or conducting the discovery.

“(3)

“(A) Upon completion of an investigation under paragraph (2), the general counsel shall make a determination as to whether or not there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and shall promptly submit such determination to the Commission, and shall include with the determination a brief stating the position of the general counsel on the legal and factual issues of the case.

“(B) At the time the general counsel submits to the Commission the determination under subparagraph (A), the general counsel shall simultaneously notify the respondent of such determination and the reasons therefore, shall provide the respondent with an opportunity to submit a brief within 30 days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the general counsel. The general counsel shall promptly submit such brief to the Commission upon receipt.

“(C) Upon the expiration of the 30-day period which begins on the date the general counsel submits the determination to the Commission under subparagraph (A) (or, if the respondent submits a brief under subparagraph (B), upon the expiration of the 30-day period which begins on the date the general counsel submits the respondent’s brief to the Commission under such subparagraph), the general counsel’s determination shall take effect, unless during such 30-day period the Commission, by vote of a majority of the members of the Commission who are serving at the time, overrules the general counsel’s determination. If the determination by the general counsel that there is probable cause to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of the Internal Revenue Code of 1986, or if the determination by the general counsel that there is not probable cause that a person has committed or is about to commit such a violation is overruled as provided under the previous sentence, for purposes of this subsection, the Commission shall be deemed to have determined that there is probable cause that the person has committed or is about to commit such a violation.”

(2)

Conforming amendment relating to Initial response to filing of complaint— Section 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) is amended—

(A)

in the third sentence, by striking “the Commission” and inserting “the general counsel”; and

(B)

by amending the fourth sentence to read as follows: “Not later than 15 days after receiving notice from the general counsel under the previous sentence, the person may provide the general counsel with a written response that no action should be taken against such person on the basis of the complaint.”.

(b)

Revision of standard for review of dismissal of complaints—

(1)

In general— Section 309(a)(8) of such Act (52 U.S.C. 30109(a)(8)) is amended to read as follows:

“(8)

“(A)

“(i) Any party aggrieved by an order of the Commission dismissing a complaint filed by such party may file a petition with the United States District Court for the District of Columbia. Any petition under this subparagraph shall be filed within 60 days after the date on which the party received notice of the dismissal of the complaint.

“(ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s dismissal of the complaint is contrary to law. In any matter in which the penalty for the alleged violation is greater than $50,000, the court should disregard any claim or defense by the Commission of prosecutorial discretion as a basis for dismissing the complaint.

“(B)

“(i) Any party who has filed a complaint with the Commission and who is aggrieved by a failure of the Commission, within one year after the filing of the complaint, to act on such complaint, may file a petition with the United States District Court for the District of Columbia.

“(ii) In any proceeding under this subparagraph, the court shall determine by de novo review whether the agency’s failure to act on the complaint is contrary to law.

“(C) In any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law, and may direct the Commission to conform with such declaration within 30 days, failing which the complainant may bring, in the name of such complainant, a civil action to remedy the violation involved in the original complaint.”

(2)

Effective date— The amendments made by paragraph (1) shall apply—

(A)

in the case of complaints which are dismissed by the Federal Election Commission, with respect to complaints which are dismissed on or after the date of the enactment of this Act; and

(B)

in the case of complaints upon which the Federal Election Commission failed to act, with respect to complaints which were filed on or after the date of the enactment of this Act.

(c)

Regulations— Not later than 180 days after the date of the enactment of this Act, the Federal Election Commission shall promulgate new regulations on the enforcement process under section 309 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109) to take into account the amendments made by this section.

Sec. 7103 Official exercising the responsibilities of the general counsel

Section 306(f)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(f)(1)) is amended by adding at the end the following new sentence: “In the event of a vacancy in the position of the General Counsel, the most senior attorney employed within the Office of the General Counsel at the time the vacancy arises shall exercise all the responsibilities of the General Counsel until the vacancy is filled.”.

Sec. 7104 Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests

(a)

In general— Section 308 of such Act (52 U.S.C. 30108) is amended by adding at the end the following new subsection:

“(e) To the extent that the Commission provides an opportunity for a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the person (or counsel) accepts such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection (d) in response to the request (or counsel for such interested party) to appear before the Commission to present testimony in response to the request.”

(b)

Effective date— The amendment made by subsection (a) shall apply with respect to requests for advisory opinions under section 308 of the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act.

Sec. 7105 Permanent extension of administrative penalty authority

Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking “, and that end on or before December 31, 2023”.

Sec. 7106 Restrictions on ex parte communications

Section 306(e) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(e)) is amended—

(1)

by striking “(e) The Commission” and inserting “(e)(1) The Commission”; and

(2)

by adding at the end the following new paragraph:

“(2) Members and employees of the Commission shall be subject to limitations on ex parte communications, as provided in the regulations promulgated by the Commission regarding such communications which are in effect on the date of the enactment of this paragraph.”

Sec. 7107 Clarifying authority of FEC attorneys to represent FEC in Supreme Court

(a)

Clarifying authority— Section 306(f)(4) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by striking “any action instituted under this Act, either (A) by attorneys” and inserting “any action instituted under this Act, including an action before the Supreme Court of the United States, either (A) by the General Counsel of the Commission and other attorneys”.

(b)

Effective date— The amendment made by subsection (a) shall apply with respect to actions instituted before, on, or after the date of the enactment of this Act.

Sec. 7108 Requiring forms to permit use of accent marks

(a)

Requirement— Section 311(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the semicolon at the end and inserting the following: “, and shall ensure that all such forms (including forms in an electronic format) permit the person using the form to include an accent mark as part of the person’s identification;”.

(b)

Effective date— The amendment made by subsection (a) shall take effect upon the expiration of the 90-day period which begins on the date of the enactment of this Act.

Sec. 7109 Extension of the statutes of limitations for offenses under the Federal Election Campaign Act of 1971

(a)

Civil offenses— Section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by inserting after paragraph (9) the following new paragraph:

“(10) No person shall be subject to a civil penalty under this subsection with respect to a violation of this Act unless a complaint is filed with the Commission with respect to the violation under paragraph (1), or the Commission responds to information with respect to the violation which is ascertained in the normal course of carrying out its supervisory responsibilities under paragraph (2), not later than 10 years after the date on which the violation occurred.”

(b)

Criminal offenses— Section 406(a) of such Act (52 U.S.C. 30145(a)) is amended by striking “5 years” and inserting “10 years”.

(c)

Effective date— The amendments made by this section shall apply with respect to violations occurring on or after the date of enactment of this Act.

Sec. 7110 Effective date; transition

(a)

In General— Except as otherwise provided, this subtitle and the amendments made by this subtitle shall take effect and apply on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out this subtitle and the amendments made by this subtitle.

(b)

Transition—

(1)

No effect on existing cases or proceedings— Nothing in this subtitle or in any amendment made by this subtitle shall affect any of the powers exercised by the Federal Election Commission prior to the date of the enactment of this Act, including any investigation initiated by the Commission prior to such date or any proceeding (including any enforcement action) pending as of such date.

(2)

Treatment of certain complaints— If, as of the date of the enactment of this Act, the General Counsel of the Federal Election Commission has not made any recommendation to the Commission under section 309(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109) with respect to a complaint filed prior to the date of the enactment of this Act, this subtitle and the amendments made by this subtitle shall apply with respect to the complaint in the same manner as this subtitle and the amendments made by this subtitle apply with respect to a complaint filed on or after the date of the enactment of this Act.

VIII Citizen Empowerment

A Funding To Promote Democracy

1 Payments and Allocations to States

Sec. 8001 Democracy Advancement and Innovation Program

(a)

Establishment— There is established a program to be known as the “Democracy Advancement and Innovation Program” under which the Director of the Office of Democracy Advancement and Innovation shall make allocations to each State for each fiscal year to carry out democracy promotion activities described in subsection (b).

(b)

Democracy promotion activities described— The democracy promotion activities described in this subsection are as follows:

(1)

Activities to promote innovation to improve efficiency and smooth functioning in the administration of elections for Federal office and to secure the infrastructure used in the administration of such elections, including making upgrades to voting equipment and voter registration systems, securing voting locations, expanding polling places and the availability of early and mail voting, recruiting and training nonpartisan election officials, and promoting cybersecurity.

(2)

Activities to ensure equitable access to democracy, including the following:

(A)

Enabling candidates who seek office in the State to receive payments as participating candidates under title V of the Federal Election Campaign Act of 1971 (as added by subtitle B), but only if the State will enable candidates to receive such payments during an entire election cycle.

(B)

Operating a Democracy Credit Program under part 1 of subtitle B, but only if the State will operate the program during an entire election cycle.

(C)

Other activities to ensure equitable access to democracy, including administering a ranked-choice voting system and carrying out Congressional redistricting through independent commissions.

(3)

Activities to increase access to voting in elections for Federal office by underserved communities, individuals with disabilities, racial and language minority groups, individuals entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act, and voters residing in Indian lands.

(c)

Permitting States To retain and reserve allocations for future use— A State may retain and reserve an allocation received for a fiscal year to carry out democracy promotion activities in any subsequent fiscal year.

(d)

Requiring submission and approval of State plan—

(1)

In general— A State shall receive an allocation under the Program for a fiscal year if—

(A)

not later than 90 days before the first day of the fiscal year, the chief State election official of the State submits to the Director the State plan described in section 8002; and

(B)

not later than 45 days before the first day of the fiscal year, the Director, in consultation with the Election Assistance Commission and the Federal Election Commission as described in paragraph (3), determines that the State plan will enable the State to carry out democracy promotion activities and approves the plan.

(2)

Submission and approval of revised plan— If the Director does not approve the State plan as submitted by the State under paragraph (1) with respect to a fiscal year, the State shall receive a payment under the Program for the fiscal year if, at any time prior to the end of the fiscal year—

(A)

the chief State election official of the State submits a revised version of the State plan; and

(B)

the Director, in consultation with the Election Assistance Commission and the Federal Election Commission as described in paragraph (3), determines that the revised version of the State plan will enable the State to carry out democracy promotion activities and approves the plan.

(3)

Election Assistance Commission and Federal Election Commission consultation— With respect to a State plan submitted under paragraph (1) or a revised plan submitted under paragraph (2)—

(A)

the Director shall, prior to making a determination on approval of the plan, consult with the Election Assistance Commission with respect to the proposed State activities described in subsection (b)(1) and with the Federal Election Commission with respect to the proposed State activities described in subsection (b)(2)(A) and (b)(2)(B); and

(B)

the Election Assistance Commission and the Federal Election Commission shall submit to the Director a written assessment with respect to whether the proposed activities of the plan satisfy the requirements of this Act.

(4)

Consultation with legislature— The chief State election official of the State shall develop the State plan submitted under paragraph (1) and the revised plan submitted under paragraph (2) in consultation with the majority party and minority party leaders of each house of the State legislature.

(e)

State report on use of allocations— Not later than 90 days after the last day of a fiscal year for which an allocation was made to the State under the Program, the chief State election official of the State shall submit a report to the Director describing how the State used the allocation, including a description of the democracy promotion activities the State carried out with the allocation.

(f)

Public availability of information—

(1)

Publicly available website— The Director shall make available on a publicly accessible website the following:

(A)

State plans submitted under paragraph (1) of subsection (d) and revised plans submitted under paragraph (2) of subsection (d).

(B)

The Director’s notifications of determinations with respect to such plans under subsection (d).

(C)

Reports submitted by States under subsection (e).

(2)

Redaction— The Director may redact information required to be made available under paragraph (1) if the information would be properly withheld from disclosure under section 552 of title 5, United States Code, or if the public disclosure of the information is otherwise prohibited by law.

(g)

Effective date— This section shall apply with respect to fiscal year 2025 and each succeeding fiscal year.

Sec. 8002 State plan

(a)

Contents— A State plan under this section with respect to a State is a plan containing each of the following:

(1)

A description of the democracy promotion activities the State will carry out with the payment made under the Program.

(2)

A statement of whether or not the State intends to retain and reserve the payment for future democracy promotion activities.

(3)

A description of how the State intends to allocate funds to carry out the proposed activities, which shall include the amount the State intends to allocate to each such activity, including (if applicable) a specific allocation for—

(A)

activities described in subsection 8001(b)(1) (relating to election administration);

(B)

activities described in section 8001(b)(2)(A) (relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971), together with the information required under subsection (c);

(C)

activities described in section 8001(b)(2)(B) (relating to the operation of a Democracy Credit Program under part 1 of subtitle B);

(D)

activities described in section 8001(b)(2)(C) (relating to other activities to ensure equitable access to democracy); and

(E)

activities described in section 8001(b)(3) (relating to activities to increase access to voting in elections for Federal office by certain communities).

(4)

A description of how the State will establish the fund described in subsection (b) for purposes of administering the democracy promotion activities which the State will carry out with the payment, including information on fund management.

(5)

A description of the State-based administrative complaint procedures established for purposes of section 8003(b).

(6)

A statement regarding whether the proposed activities to be funded are permitted under State law, or whether the official intends to seek legal authorization for such activities.

(b)

Requirements for fund—

(1)

Fund described— For purposes of subsection (a)(4), a fund described in this subsection with respect to a State is a fund which is established in the treasury of the State government, which is used in accordance with paragraph (2), and which consists of the following amounts:

(A)

Amounts appropriated or otherwise made available by the State for carrying out the democracy promotion activities for which the payment is made to the State under the Program.

(B)

The payment made to the State under the Program.

(C)

Such other amounts as may be appropriated under law.

(D)

Interest earned on deposits of the fund.

(2)

Use of fund— Amounts in the fund shall be used by the State exclusively to carry out democracy promotion activities for which the payment is made to the State under the Program.

(3)

Treatment of States that require changes to state law— In the case of a State that requires State legislation to establish the fund described in this subsection, the Director shall defer disbursement of the payment to such State under the Program until such time as legislation establishing the fund is enacted.

(c)

Specific information on use of funds To enable candidates To participate in matching funds program— If the State plan under this section includes an allocation for activities described in section 8001(b)(2)(A) (relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971), the State shall include in the plan specific information on how the amount of the allocation will enable the State to provide for the viable participation of candidates in the State under such title, including the assumptions made by the State in determining the amount of the allocation.

Sec. 8003 Prohibiting reduction in access to participation in elections

(a)

Prohibiting use of payments— A State may not use a payment made under the Program to carry out any activity which has the purpose or effect of diminishing the ability of any citizen of the United States to participate in the electoral process.

(b)

State-Based administrative complaint procedures—

(1)

Establishment— A State receiving a payment under the Program shall establish uniform and nondiscriminatory State-based administrative complaint procedures under which any person who believes that a violation of subsection (a) has occurred, is occurring, or is about to occur may file a complaint.

(2)

Notification to Director— The State shall transmit to the Director a description of each complaint filed under the procedures, together with—

(A)

if the State provides a remedy with respect to the complaint, a description of the remedy; or

(B)

if the State dismisses the complaint, a statement of the reasons for the dismissal.

(3)

Review by Director—

(A)

Request for review— Any person who is dissatisfied with the final decision under a State-based administrative complaint procedure under this subsection may, not later than 60 days after the decision is made, file a request with the Director to review the decision.

(B)

Action by Director— Upon receiving a request under subparagraph (A), the Director shall review the decision and, in accordance with such procedures as the Director may establish, including procedures to provide notice and an opportunity for a hearing, may uphold the decision or reverse the decision and provide an appropriate remedy.

(C)

Public availability of material— The Director shall make available on a publicly accessible website all material relating to a request for review and determination by the Director under this paragraph, shall be made available on a publicly accessible website, except that the Director may redact material required to be made available under this subparagraph if the material would be properly withheld from disclosure under section 552 of title 5, United States Code, or if the public disclosure of the material is otherwise prohibited by law.

(4)

Right to petition for review—

(A)

In general— Any person aggrieved by an action of the Director under subparagraph (B) of paragraph (3) may file a petition with the United States District Court for the District of Columbia.

(B)

Deadline to file petition— Any petition under this subparagraph shall be filed not later than 60 days after the date of the action taken by the Director under subparagraph (B) of paragraph (3).

(C)

Standard of review— In any proceeding under this paragraph, the court shall determine whether the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law under section 706 of title 5, United States Code, and may direct the Office to conform with any such determination within 30 days.

(c)

Action by Attorney General for declaratory and injunctive relief— The Attorney General may bring a civil action against any State in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order) as may be necessary to enforce subsection (a).

Sec. 8004 Amount of State allocation

(a)

State-Specific amount— The amount of the allocation made to a State under the Program for a fiscal year shall be equal to the product of—

(1)

the Congressional district allocation amount (determined under subsection (b)); and

(2)

the number of Congressional districts in the State for the next regularly scheduled general election for Federal office held in the State.

(b)

Congressional district allocation amount— For purposes of subsection (a), the “Congressional district allocation amount” with respect to a fiscal year is equal to the quotient of—

(1)

the aggregate amount available for allocations to States under the Program for the fiscal year, as determined by the Director under subsection (c); divided by

(2)

the total number of Congressional districts in all States.

(c)

Determination of aggregate amount available for allocations; notification to States— Not later than 120 days before the first day of each fiscal year, the Director—

(1)

shall, in accordance with section 8012, determine and establish the aggregate amount available for allocations to States under the Program for the fiscal year; and

(2)

shall notify each State of the amount of the State’s allocation under the Program for the fiscal year.

(d)

Source of payments— The amounts used to make allocations and payments under the Program shall be derived solely from the Trust Fund.

Sec. 8005 Procedures for disbursements of payments and allocations

(a)

Direct payments to States for certain activities under State plan—

(1)

Direct payment— If the approved State plan of a State includes activities for which allocations are not made under subsections (b), (c), or (d), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to disburse amounts from the Trust Fund for payment to the State in the aggregate amount provided under the plan for such activities.

(2)

Timing— As soon as practicable after the Director directs the Secretary of the Treasury to disburse amounts for payment to a State under paragraph (1), the Secretary of the Treasury shall make the payment to the State under such paragraph.

(3)

Continuing availability of funds after appropriation— A payment made to a State under this subsection shall be available without fiscal year limitation.

(b)

Allocation to Election Assistance Commission for payments to States for certain election administration activities—

(1)

Allocation— If the approved State plan of a State includes activities described in section 8001(b)(1), upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Election Assistance Commission the amount provided for such activities under the plan.

(2)

Payment to State— As soon as practicable after receiving an allocation under paragraph (1) with respect to a State, the Election Assistance Commission shall make a payment to the State in the amount of the State’s allocation.

(3)

Continuing availability of funds after appropriation— A payment made to a State by the Election Assistance Commission under this subsection shall be available without fiscal year limitation.

(c)

Allocation to Federal Election Commission for payments to participating candidates from State— If the approved State plan of a State includes activities described in section 8001(b)(2)(A), relating to payments to participating candidates in the State under title V of the Federal Election Campaign Act of 1971, upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Federal Election Commission the amount provided for such activities under the plan.

(d)

Allocation to Federal Election Commission for payments for Democracy Credit Program— If the approved State plan of a State includes activities described in section 8001(b)(2)(B), relating to payments to the State for the operation of a Democracy Credit Program under part 1 of subtitle B, upon approving the State plan under section 8002, the Director shall direct the Secretary of the Treasury to allocate to the Federal Election Commission the amount provided for such activities under the plan.

(e)

Certain payments made directly to local election administrators— Under rules established by the Director not later than 270 days after the date of the enactment of this Act, portions of amounts disbursed to States by the Secretary of the Treasury under subsection (a) and payments made to States by the Election Assistance Commission under subsection (b) may be provided directly to local election administrators carrying out activities in the State plan which may be carried out with such amounts and payments.

Sec. 8006 Office of Democracy Advancement and Innovation

(a)

Establishment— There is established as an independent establishment in the executive branch the Office of Democracy Advancement and Innovation.

(b)

Director—

(1)

In general— The Office shall be headed by a Director, who shall be appointed by the President with the advice and consent of the Senate.

(2)

Term of service— The Director shall serve for a term of 6 years and may be reappointed to an additional term, and may continue serving as Director until a replacement is appointed. A vacancy in the position of Director shall be filled in the same manner as the original appointment.

(3)

Compensation— The Director shall be paid at an annual rate of pay equal to the annual rate in effect for level II of the Executive Schedule.

(4)

Removal— The Director may be removed from office by the President. If the President removes the Director, the President shall communicate in writing the reasons for the removal to both Houses of Congress not later than 30 days beforehand. Nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law.

(c)

General counsel and other staff—

(1)

General counsel— The Director shall appoint a general counsel who shall be paid at an annual rate of pay equal to the annual rate in effect for level III of the Executive Schedule. In the event of a vacancy in the position of the Director, the General Counsel shall exercise all the responsibilities of the Director until such vacancy is filled.

(2)

Senior staff— The Director may appoint and fix the pay of staff designated as Senior staff, such as a Deputy Director, who may be paid at an annual rate of pay equal to the annual rate in effect for level IV of the Executive Schedule.

(3)

Other staff— In addition to the General Counsel and Senior staff, the Director may appoint and fix the pay of such other staff as the Director considers necessary to carry out the duties of the Office, except that no such staff may be compensated at an annual rate exceeding the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule.

(d)

Duties— The duties of the Office are as follows:

(1)

Administration of Program— The Director shall administer the Program, in consultation with the Election Assistance Commission and the Federal Election Commission, including by holding quarterly meetings of representatives from such Commissions.

(2)

Oversight of Trust Fund— The Director shall oversee the operation of the Trust Fund and monitor its balances, in consultation with the Secretary of the Treasury. The Director may hold funds in reserve to cover the expenses of the Office and to preserve the solvency of the Trust Fund.

(3)

Reports— Not later than 180 days after the date of the regularly scheduled general election for Federal office held in 2026 and each succeeding regularly scheduled general election for Federal office thereafter, the Director shall submit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate a report on the activities carried out under the Program and the amounts deposited into and paid from the Trust Fund during the two most recent fiscal years.

(e)

Coverage under Inspector General Act of 1978 for conducting audits and investigations—

(1)

In general— Section 415(a)(1)(A) of title 5, United States Code, is amended by inserting “the Office of Democracy Advancement and Innovation,” after “Election Assistance Commission,”.

(2)

Effective date— The amendment made by paragraph (1) shall take effect 180 days after the appointment of the Director.

(f)

Coverage under Hatch Act— Clause (i) of section 7323(b)(2)(B) of title 5, United States Code, is amended—

(1)

by striking “or” at the end of subclause (XIII); and

(2)

by adding at the end the following new subclause:

“(XV) the Office of Democracy Advancement and Innovation; or”

(g)

Regulations—

(1)

In general— Except as provided in paragraph (2), not later than 270 days after the date of enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the duties of the Office under this Act and the amendments made by this Act.

(2)

State plan submission and approval and distribution of funds— Not later than 90 days after the date of the enactment of this Act, the Director shall promulgate such rules and regulations as the Director considers necessary and appropriate to carry out the requirements of this part and the amendments made by this part.

(3)

Comments by the Election Assistance Commission and the Federal Election Commission— The Election Assistance Commission and the Federal Election Assistance shall timely submit comments with respect to any proposed regulations promulgated by the Director under this subsection.

(h)

Interim authority pending appointment and confirmation of Director—

(1)

Authority of Director of Office of Management and Budget— Notwithstanding subsection (b), during the transition period, the Director of the Office of Management and Budget is authorized to perform the functions of the Office under this title, and shall act for all purposes as, and with the full powers of, the Director.

(2)

Interim administrative services—

(A)

Authority of Office of Management and Budget— During the transition period, the Director of the Office of Management and Budget may provide administrative services necessary to support the Office.

(B)

Termination of authority; permitting extension— The Director of the Office of Management and Budget shall cease providing interim administrative services under this paragraph upon the expiration of the transition period, except that the Director of the Office of Management and Budget may continue to provide such services after the expiration of the transition period if the Director and the Director of the Office of Management and Budget jointly transmit to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate—

(i)

a written determination that an orderly implementation of this title is not feasible by the expiration of the transition period;

(ii)

an explanation of why an extension is necessary for the orderly implementation of this title;

(iii)

a description of the period during which the Director of the Office of Management and Budget shall continue providing services under the authority of this subparagraph; and

(iv)

a description of the steps that will be taken to ensure an orderly and timely implementation of this title during the period described in clause (iii).

(3)

Transition period defined— In this subsection, the “transition period” is the period which begins on the date of the enactment of this Act and ends on the date on which the Director is appointed and confirmed.

(4)

Limit on length of period of interim authorities— Notwithstanding any other provision of this subsection, the Director of the Office of Management and Budget may not exercise any authority under this subsection after the expiration of the 24-month period which begins on the date of the enactment of this Act.

(i)

Authorization of appropriations— There are authorized to be appropriated from the Trust Fund such sums as may be necessary to carry out the activities of the Office for fiscal year 2025 and each succeeding fiscal year.

2 State Election Assistance and Innovation Trust Fund

Sec. 8011 State Election Assistance and Innovation Trust Fund

(a)

Establishment— There is established in the Treasury a fund to be known as the “State Election Assistance and Innovation Trust Fund”.

(b)

Sense of the Senate regarding funding— It is the sense of the Senate that—

(1)

no taxpayer funds should be used in funding this title; and

(2)

the Trust Fund should consist of—

(A)

assessments against certain fines, penalties, and settlements as a result of corporate malfeasance; and

(B)

any gifts or bequests for deposit into the Trust Fund.

Sec. 8012 Uses of Fund

(a)

Payments and allocations described— For each fiscal year, amounts in the Fund shall be used as follows:

(1)

Payments to States under the Program, as described in section 8005(a).

(2)

Allocations to the Election Assistance Commission, to be used for payments for certain election administration activities, as described in section 8005(b).

(3)

Allocations to the Federal Election Commission, to be used for payments to participating candidates under title V of the Federal Election Campaign Act of 1971, as described in section 8005(c).

(4)

Allocations to the Federal Election Commission, to be used for payments to States operating a Democracy Credit Program under part 1 of subtitle B, as described in section 8005(d).

(b)

Determination of aggregate amount of State allocations— The Director shall determine and establish the aggregate amount of State allocations for each fiscal year, taking into account the anticipated balances of the Trust Fund. In carrying out this subsection, the Director shall consult with the Federal Election Commission and the Election Assistance Commission, but shall be solely responsible for making the final determinations under this subsection.

3 General Provisions

Sec. 8021 Definitions

In this subtitle, the following definitions apply:

(1)

The term “chief State election official” has the meaning given such term in section 253(e) of the Help America Vote Act of 2002 (52 U.S.C. 21003(e)).

(2)

The term “Director” means the Director of the Office.

(3)

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.

(4)

The term “Indian lands” includes—

(A)

Indian country, as defined under section 1151 of title 18, United States Code;

(B)

any land in Alaska owned, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an Indian Tribe that is a Native village (as defined in section 3 of that Act (43 U.S.C. 1602)) or by a Village Corporation that is associated with an Indian Tribe (as defined in section 3 of that Act (43 U.S.C. 1602));

(C)

any land on which the seat of the Tribal government is located; and

(D)

any land that is part or all of a Tribal designated statistical area associated with an Indian Tribe, or is part or all of an Alaska Native village statistical area associated with an Indian Tribe, as defined by the Census Bureau for the purposes of the most recent decennial census.

(5)

The term “Office” means the Office of Democracy Advancement and Innovation established under section 8005.

(6)

The term “Program” means the Democracy Advancement and Innovation Program established under section 8001.

(7)

The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(8)

The term “Trust Fund” means the State Election Assistance and Innovation Trust Fund established under section 8011.

Sec. 8022 Rule of construction regarding calculation of deadlines

(a)

In general— With respect to the calculation of any period of time for the purposes of a deadline in this subtitle, the last day of the period shall be included in such calculation, unless such day is a Saturday, a Sunday, or a legal public holiday, in which case the period of such deadline shall be extended until the end of the next day which is not a Saturday, a Sunday, a legal public holiday.

(b)

Legal public holiday defined— For the purposes of this section, the term “legal public holiday” means a day described in section 6103(a) of title 5, United States Code.

B Elections for House of Representatives

Sec. 8101 Short title

This subtitle may be cited as the “Government By the People Act of 2023”.

1 Optional Democracy Credit Program

Sec. 8102 Establishment of program

(a)

Establishment— The Federal Election Commission (hereafter in this part referred to as the “Commission”) shall establish a program under which the Commission shall make payments to States to operate a credit program which is described in section 8103 during an election cycle.

(b)

Requirements for program— A State is eligible to operate a credit program under this part with respect to an election cycle if, not later than 120 days before the cycle begins, the State submits to the Commission a statement containing—

(1)

information and assurances that the State will operate a credit program which contains the elements described in section 8103(a);

(2)

information and assurances that the State will establish fraud prevention mechanisms described in section 8103(b);

(3)

information and assurances that the State will establish a commission to oversee and implement the program as described in section 8103(c);

(4)

information and assurances that the State will carry out a public information campaign as described in section 8103(d);

(5)

information and assurances that the State will submit reports as required under section 8104;

(6)

information and assurances that, not later than 60 days before the beginning of the cycle, the State will complete any actions necessary to operate the program during the cycle; and

(7)

such other information and assurances as the Commission may require.

(c)

Reimbursement of Costs—

(1)

Reimbursement— Upon receiving the report submitted by a State under section 8104(a) 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 credit program under this part during the cycle.

(2)

Source of funds— Payments to a State under the program shall be made using amounts allocated to the Commission for purposes of making payments under this part with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the “Fund”) under section 8012, in the amount allocated with respect to the State under section 8005(d).

(3)

Cap on amount of payment— The aggregate amount of payments made to any State with respect to two consecutive election cycles period may not exceed $10,000,000. If the State determines that the maximum payment amount under this paragraph with respect to such cycles is not, or may not be, sufficient to cover the reasonable costs incurred by the State in operating the program under this part for such cycles, the State shall reduce the amount of the credit provided to each qualified individual by such pro rata amount as may be necessary to ensure that the reasonable costs incurred by the State in operating the program will not exceed the amount paid to the State with respect to such cycles.

(d)

Continuing availability of funds after appropriation— A payment made to a State under this part shall be available without fiscal year limitation.

Sec. 8103 Credit program described

(a)

General elements of program—

(1)

Elements described— The elements of a credit program operated by a State under this part are as follows:

(A)

The State shall provide each qualified individual upon the individual’s request with a credit worth $25 to be known as a “Democracy Credit” 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 Democracy Credit, the individual may submit the Democracy Credit in either electronic or paper form to qualified candidates for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress and allocate such portion of the value of the Democracy Credit in increments of $5 as the individual may select to any such candidate.

(C)

If the candidate transmits the Democracy Credit to the Commission, the Commission shall pay the candidate the portion of the value of the Democracy Credit 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 Democracy Credit; and

(C)

who is not prohibited under Federal law from making contributions to candidates for election for Federal office.

(3)

Treatment as contribution to candidate— For purposes of the Federal Election Campaign Act of 1971, the submission of a Democracy Credit to a candidate by an individual shall be treated as a contribution to the candidate by the individual in the amount of the portion of the value of the Credit that the individual allocated to the candidate.

(b)

Fraud prevention mechanism— In addition to the elements described in subsection (a), a State operating a credit program under this part shall permit an individual to revoke a Democracy Credit not later than 2 days after submitting the Democracy Credit to a candidate.

(c)

Oversight commission— In addition to the elements described in subsection (a), a State operating a credit program under this part 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.

(d)

Public information campaign— In addition to the elements described in subsection (a), a State operating a credit program under this part shall carry out a public information campaign to disseminate awareness of the program among qualified individuals.

(e)

No taxpayer funds permitted To carry out program— No taxpayer funds shall be used to carry out the credit program under this part. For purposes of this subsection, the term “taxpayer funds” means revenues received by the Internal Revenue Service from tax liabilities.

Sec. 8104 Reports

(a)

State reports— Not later than 6 months after each first election cycle during which the State operates a program under this part, the State shall submit to the Commission and the Office of Democracy Advancement and Innovation a report analyzing the operation and effectiveness of the program during the cycle and including such other information as the Commission may require.

(b)

Study and report on impact and effectiveness of credit programs—

(1)

Study— The Commission shall conduct a study on the efficacy of political credit programs, including the program under this part and other similar programs, in expanding and diversifying the pool of individuals who participate in the electoral process, including those who participate as donors and those who participate as candidates.

(2)

Report— Not later than 1 year after the first election cycle for which States operate the program under this part, the Commission shall publish and submit to Congress a report on the study conducted under paragraph (1).

Sec. 8105 Election cycle defined

In this part, 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.

2 Optional Small Dollar Financing of Elections for House of Representatives

Sec. 8111 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:

“V Small Dollar Financing of Elections for House of Representatives

“A Benefits

“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—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).

“(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 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.

“(d) No taxpayer funds permitted—No taxpayer funds shall be used to make payments under this title. For purposes of this subsection, the term “taxpayer funds” means revenues received by the Internal Revenue Service from tax liabilities.

“502. Procedures for making payments

“(a) In general—The Division Director 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 Division Director 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) 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 Division Director shall, in coordination with the Secretary of the Treasury, take such steps as may be necessary to ensure that the Secretary is able to make payments under this section from the Treasury not later than 2 business days after the receipt of a request submitted under subsection (a).

“503. Use of funds

“(a) Use of funds for authorized campaign expenditures—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 which constitute authorized expenditures (as determined in accordance with title III) in connection with the election cycle involved.

“(b) Prohibiting use of funds for legal expenses, fines, or penalties—Notwithstanding title III, a candidate may not use payments made under this title for the payment of expenses incurred in connection with any action, claim, or other matter before the Commission or before any court, hearing officer, arbitrator, or other dispute resolution entity, or for the payment of any fine or civil monetary penalty.

“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 $200.

“(2)

“(A) The contribution is made directly by an individual to the candidate or an authorized committee of the candidate and is not—

“(i) forwarded from the individual making the contribution to the candidate or committee by another person; or

“(ii) received by the candidate or committee with the knowledge that the contribution was made at the request, suggestion, or recommendation of another person.

“(B) In this paragraph—

“(i) the term person does not include an individual (other than an individual described in section 304(i)(7) of the Federal Election Campaign Act of 1971), a political committee of a political party, or any political committee which is not a separate segregated fund described in section 316(b) of the Federal Election Campaign Act of 1971 and which does not make contributions or independent expenditures, does not engage in lobbying activity under the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.), and is not established by, controlled by, or affiliated with a registered lobbyist under such Act, an agent of a registered lobbyist under such Act, or an organization which retains or employs a registered lobbyist under such Act; and

“(ii) a contribution is not “made at the request, suggestion, or recommendation of another person” solely on the grounds that the contribution is made in response to information provided to the individual making the contribution by any person, so long as the candidate or authorized committee does not know the identity of the person who provided the information to such individual.

“(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 democracy credits—Any payment received by a candidate and the authorized committees of a candidate which consists of a Democracy Credit under the Freedom to Vote Act 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 nonqualified 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 nonqualified 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. In the case of a subsequent contribution which is not a qualified small dollar contribution because the contribution fails to meet the requirements of paragraph (3) of subsection (a) (relating to the aggregate amount of contributions made to the candidate or the authorized committees of the candidate by the individual making the contribution), the candidate may return an amount equal to the difference between the amount of the subsequent contribution and the amount described in paragraph (1)(B) of subsection (a).

“(B) 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 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. Such amount shall be used to supplement the allocation made to the Commission with respect to candidates from the State in which the candidate seeks office, as described in section 541(a).

“(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.

“(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).

“B Eligibility and Certification

“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.

“(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.

“(5) The candidate files with the Commission a certification that the candidate will not use any allocation from the Fund to directly or indirectly pay salaries, fees, consulting expenses, or any other compensation for services rendered to themselves, family members (including spouses as well as children, parents, siblings, or any of their spouses), or any entity or organization in which they have an ownership interest.

“(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.

“512. Qualifying requirements

“(a) Receipt of qualified small dollar contributions—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 make a qualified small dollar contribution to the candidate.

“(2) The candidate obtains a total dollar amount of qualified small dollar contributions 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 Division Director;

“(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 the contributor’s name and address; 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.

“(c) Verification of contributions

“(1) Procedures—The Division Director shall establish procedures for the auditing and verification of the contributions received and expenditures made by participating candidates under this title, including procedures for random audits, to ensure that such contributions and expenditures meet the requirements of this title.

“(2) Authority of Commission to revise procedures—The Commission, by a vote of not fewer than four of its members, may revise the procedures established by the Division Director under this subsection.

“513. Certification

“(a) Deadline and Notification

“(1) In general—Not later than 5 business days after a candidate files an affidavit under section 511(a)(4), the Division Director shall—

“(A) determine whether or not the candidate meets the requirements for certification as a participating candidate;

“(B) if the Division Director determines that the candidate meets such requirements, certify the candidate as a participating candidate; and

“(C) notify the candidate of the Division Director’s determination.

“(2) Deemed certification for all elections in election cycle—If the Division Director certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Division Director shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle.

“(3) Authority of Commission to reverse determination by Division Director—During the 10-day period which begins on the date the Division Director makes a determination under this subsection, the Commission, by a vote of not fewer than four of its members, may review and reverse the determination. If the Commission reverses the determination, the Commission shall promptly notify the candidate involved.

“(b) Revocation of certification

“(1) In general—The Division Director shall 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 criminal sanction—The Division Director 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 may not receive payments under this title during the remainder of the election cycle involved; and

“(B) in the case of a candidate whose certification is revoked pursuant to subparagraph (A) or subparagraph (C) of paragraph (1)—

“(i) the candidate shall repay to the Commission 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, which shall be used by the Commission to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); and

“(ii) 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 Division Director revokes the certification of an individual as a participating candidate under this title pursuant to subparagraph (A) or subparagraph (C) of paragraph (1) a total of 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election.

“(5) Authority of Commission to reverse revocation by Division Director—During the 10-day period which begins on the date the Division Director makes a determination under this subsection, the Commission, by a vote of not fewer than four of its members, may review and reverse the determination. If the Commission reverses the determination, the Commission shall promptly notify the candidate involved.

“(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.

“C Requirements for Candidates Certified as Participating Candidates

“521. Contribution and expenditure requirements

“(a) Permitted sources of contributions and expenditures—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:

“(1) Qualified small dollar contributions.

“(2) Payments under this title.

“(3) Contributions from political committees established and maintained by a national or State political party, subject to the applicable limitations of section 315.

“(4) 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).

“(5) 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.

“(6) Contributions from multicandidate political committees, subject to the applicable limitations of section 315.

“(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 $50,000; 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 member 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 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, to be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a); 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 associate with, 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).

“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 section 521(a) 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, in accordance with section 304(b)(3)(A), 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.

“523. Preventing unnecessary spending of matching 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 paragraphs (1), (3), (4), (5), and (6) of section 521(a).

“(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.

“524. Remitting unspent funds after election

“(a) Remittance required—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 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, which shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a).

“(b) Permitting candidates participating in next election cycle To retain portion of unspent funds—Notwithstanding subsection (a), a participating candidate may withhold not more than $100,000 from the amount required to be remitted under subsection (a) 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.

“D Enhanced Match Support

“531. Enhanced support for general election

“(a) Availability of Enhanced Support—In addition to the payments made under subtitle A, the Division Director 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.

“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 Division Director 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 Division Director 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.

“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).

“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).

“E Administrative Provisions

“541. Source of payments

“(a) Allocations from State Election Assistance and Innovation Trust Fund—The amounts used to make payments to participating candidates under this title who seek office in a State shall be derived from the allocations made to the Commission with respect to the State from the State Election Assistance and Innovation Trust Fund (hereafter referred to as the “Fund”) under section 8012 of the Freedom to Vote Act, as provided under section 8005(c) of such Act.

“(b) Use of allocations To make payments to participating candidates

“(1) Payments to participating candidates—The allocations made to the Commission as described in subsection (a) shall be available without further appropriation or fiscal year limitation to make payments to participating candidates as provided in this title.

“(2) Ongoing review to determine sufficiency of State allocations

“(A) Ongoing review—Not later than 90 days before the first day of each election cycle (beginning with the first election cycle that begins after the date of the enactment of this title), and on an ongoing basis until the end of the election cycle, the Division Director, in consultation with the Director of the Office of Democracy Advancement and Innovation, shall determine whether the amount of the allocation made to the Commission with respect to candidates who seek office in a State as described in subsection (a) will be sufficient to make payments to participating candidates in the State in the amounts provided in this title during such election cycle.

“(B) Opportunity for State to increase allocation—If, at any time the Division Director determines under subparagraph (A) that the amount anticipated to be available in the Fund for payments to participating candidates in a State with respect to the election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of participating candidates in the State to payments under this title for such election cycle—

“(i) the Division Director shall notify the State and Congress; and

“(ii) the State may direct the Director of the Office of Democracy Advancement and Innovation to direct the Secretary of the Treasury to use the funds described in subparagraph (C), in such amounts as the State may direct, as an additional allocation to the Commission with respect to the State for purposes of subsection (a), in accordance with section 8012 of the Freedom to Vote Act.

“(C) Funds described—The funds described in this subparagraph are funds which were allocated to the State under the Democracy Advancement and Innovation Program under subtitle A of title VIII of the Freedom to Vote Act which, under the State plan under section 8002 of such Act, were to be used for democracy promotion activities described in paragraph (1), (2)(B), (2)(C), or (3) of section 8001(b) of such Act but which remain unobligated.

“(3) Elimination of limit of amount of qualified small donor contributions

“(A) Elimination of limit—If, after notifying the State under paragraph (2)(B)(i) and (if the State so elects) the State directs under paragraph (2)(B)(ii) an additional allocation to the Commission as provided under such subparagraph, the Division Director determines under paragraph (2)(A) that the amount anticipated to be available in the Fund (after such additional allocation) for payments to participating candidates in the State with respect to the election cycle involved is still not, or may still not be, sufficient to satisfy the full entitlements of participating candidates in the State to payments under this title for such election cycle, the limit on the amount of a qualified small donor contribution under section 504(a)(1)(B) shall not apply with respect to a participating candidate in the State under this title. Nothing in this subparagraph may be construed to waive the limit on the aggregate amount of contributions a participating candidate may accept from any individual under section 521(a)(5).

“(B) Determination of amount of payment to candidate—In determining under section 501(b) the amount of the payment made to a participating candidate for whom the limit on the amount of a qualified small donor contribution does not apply pursuant to subparagraph (A), there shall be excluded any qualified small donor contribution to the extent that the amount contributed by the individual involved exceeds the limit on the amount of such a contribution under section 504(a)(1)(B).

“(C) No use of amounts from other sources—In any case in which the Division Director determines that the allocation made to the Commission with respect to candidates in a State as described in subsection (a) is insufficient to make payments to participating candidates in the State under this title (taking into account any increase in the allocation under paragraph (2)), moneys shall not be made available from any other source for the purpose of making such payments.

“(c) Effective date—This section shall take effect on the date of the enactment of this title, without regard to whether or not regulations have been promulgated to carry out this section.

“542. Administration through dedicated division within Commission

“(a) Administration through dedicated division

“(1) Establishment—The Commission shall establish a separate division within the Commission which is dedicated to issuing regulations to carry out this title and to otherwise carrying out the operation of this title.

“(2) Appointment of director and staff

“(A) Appointment—Not later than June 1, 2024, the Commission shall appoint a director to head the division established under this section (to be known as the “Division Director”) and such other staff as the Commission considers appropriate to enable the division to carry out its duties.

“(B) Role of General Counsel—If, at any time after the date referred to in subparagraph (A), there is a vacancy in the position of the Division Director, the General Counsel of the Commission shall serve as the acting Division Director until the Commission appoints a Division Director under this paragraph.

“(3) Private right of action—Any person aggrieved by the failure of the Commission to meet the requirements of this subsection may file an action in an appropriate district court of the United States for such relief, including declaratory and injunctive relief, as may be appropriate.

“(b) Regulations—Not later than the deadline set forth in section 8114 of the Freedom to Vote Act, the Commission, acting through the dedicated division established under this section, shall prescribe regulations to carry out the purposes of this title, including regulations—

“(1) to establish procedures for verifying the amount of qualified small dollar contributions with respect to a candidate;

“(2) to establish procedures for effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions;

“(3) to establish procedures for effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates;

“(4) to establish procedures for monitoring the use of payments made from the allocation made to the Commission as described in section 541(a) 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;

“(5) to establish procedures for carrying out audits under section 541(b) and permitting States to make additional allocations as provided under section 541(b)(2)(B); and

“(6) to establish rules for preventing fraud in the operation of this title which supplement similar rules which apply under this Act.

“543. 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 used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a).

“(b) Repayment for improper use of payments

“(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 Commission an amount which shall be used to supplement the allocation made to the Commission with respect to the State in which the candidate seeks office, as described in section 541(a) and which shall be 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.

“(d) Imposition of criminal penalties—For criminal penalties for the failure of a participating candidate to comply with the requirements of this title, see section 309(d).

“544. Indexing of amounts

“(a) Indexing—In any calendar year after 2028, 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 2028.

“(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)(5) (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(b)(1)(A) (relating to the amount of personal funds that may be used by a candidate who is certified as a participating candidate).

“(6) 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).

“(7) The amount referred to in section 532(a)(3) (relating to the total dollar amount of qualified small dollar contributions for a candidate seeking an additional payment under subtitle D).

“(8) 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).

“545. 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).

“546. Division Director defined

“In this title, the term “Division Director” means the individual serving as the director of the division established under section 542.”

Sec. 8112 Contributions and expenditures by multicandidate and political party 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:

“(10) 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 (6), the national committee”; and

(2)

by adding at the end the following new paragraph:

“(6) 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)(10); and

“(B) the expenditures are the sole source of funding provided by the committee to the candidate.”

Sec. 8113 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, subject to section 503(b).”

Sec. 8114 Deadline for regulations; effective date

(a)

In general— Not later than October 1, 2024, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part.

(b)

Effective date— This part and the amendments made by this part shall take effect on October 1, 2024, without regard to whether the Commission has promulgated the regulations required under subsection (a) by such date.

C Personal Use Services as Authorized Campaign Expenditures

Sec. 8201 Short title; findings; purpose

(a)

Short title— This subtitle may be cited as the “Help America Run Act”.

(b)

Findings— Congress finds the following:

(1)

Everyday Americans experience barriers to entry before they can consider running for office to serve their communities.

(2)

Current law states that campaign funds cannot be spent on everyday expenses that would exist whether or not a candidate were running for office, like childcare and food. While the law seems neutral, its actual effect is to privilege the independently wealthy who want to run, because given the demands of running for office, candidates who must work to pay for childcare or to afford health insurance are effectively being left out of the process, even if they have sufficient support to mount a viable campaign.

(3)

Thus current practice favors those prospective candidates who do not need to rely on a regular paycheck to make ends meet. The consequence is that everyday Americans who have firsthand knowledge of the importance of stable childcare, a safety net, or great public schools are less likely to get a seat at the table. This governance by the few is antithetical to the democratic experiment, but most importantly, when lawmakers do not share the concerns of everyday Americans, their policies reflect that.

(4)

These circumstances have contributed to a Congress that does not always reflect everyday Americans. The New York Times reported in 2019 that fewer than 5 percent of representatives cite blue-collar or service jobs in their biographies. A 2020 analysis by OpenSecrets of lawmakers’ personal financial disclosure statements showed that the median net worth of lawmakers was just over $1,000,000, or nearly 9 times the median net worth of American families.

(5)

These circumstances have also contributed to a governing body that does not reflect the nation it serves. For instance, women are 51 percent of the American population. Yet even with a record number of women serving in the One Hundred Eighteenth Congress, the Pew Research Center notes that nearly three out of four Members of this Congress are male. The Center for American Women and Politics found that one third of women legislators surveyed had been actively discouraged from running for office, often by political professionals. This type of discouragement, combined with the prohibitions on using campaign funds for domestic needs like childcare, burdens that still fall disproportionately on American women, particularly disadvantages working mothers. These barriers may explain why only 10 women in history have given birth while serving in Congress, in spite of the prevalence of working parents in other professions. Yet working mothers and fathers are best positioned to create policy that reflects the lived experience of most Americans.

(6)

Working mothers, those caring for their elderly parents, and young professionals who rely on their jobs for health insurance should have the freedom to run to serve the people of the United States. Their networks and net worth are simply not the best indicators of their strength as prospective public servants. In fact, helping ordinary Americans to run may create better policy for all Americans.

(c)

Purpose— It is the purpose of this subtitle to ensure that all Americans who are otherwise qualified to serve this Nation are able to run for office, regardless of their economic status. By expanding permissible uses of campaign funds and providing modest assurance that testing a run for office will not cost one’s livelihood, the Help America Run Act will facilitate the candidacy of representatives who more accurately reflect the experiences, challenges, and ideals of everyday Americans.

Sec. 8202 Treatment of payments for childcare and other personal use services as authorized campaign expenditure

(a)

Personal use services as authorized campaign expenditure— Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 8113, is amended by adding at the end the following new subsection:

“(e) Treatment of payments for childcare and other personal use services as authorized campaign expenditure

“(1) Authorized expenditures—For purposes of subsection (a), the payment by an authorized committee of a candidate for any of the personal use services described in paragraph (3) shall be treated as an authorized expenditure if the services are necessary to enable the participation of the candidate in campaign-connected activities.

“(2) Limitations

“(A) Limit on total amount of payments—The total amount of payments made by an authorized committee of a candidate for personal use services described in paragraph (3) may not exceed the limit which is applicable under any law, rule, or regulation on the amount of payments which may be made by the committee for the salary of the candidate (without regard to whether or not the committee makes payments to the candidate for that purpose).

“(B) Corresponding reduction in amount of salary paid to candidate—To the extent that an authorized committee of a candidate makes payments for the salary of the candidate, any limit on the amount of such payments which is applicable under any law, rule, or regulation shall be reduced by the amount of any payments made to or on behalf of the candidate for personal use services described in paragraph (3), other than personal use services described in subparagraph (D) of such paragraph.

“(C) Exclusion of candidates who are officeholders—Paragraph (1) does not apply with respect to an authorized committee of a candidate who is a holder of Federal office.

“(3) Personal use services described—The personal use services described in this paragraph are as follows:

“(A) Childcare services.

“(B) Elder care services.

“(C) Services similar to the services described in subparagraph (A) or subparagraph (B) which are provided on behalf of any dependent who is a qualifying relative under section 152 of the Internal Revenue Code of 1986.

“(D) Health insurance premiums.”

(b)

D Empowering Small Dollar Donations

Sec. 8301 Permitting political party committees to provide enhanced support for House candidates through use of separate small dollar accounts

(a)

Increase in Limit on Contributions to Candidates— Section 315(a)(2)(A) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is amended by striking “exceed $5,000” and inserting “exceed $5,000 or, in the case of a contribution made by a national committee of a political party from an account described in paragraph (11), exceed $10,000”.

(b)

Elimination of Limit on Coordinated Expenditures— Section 315(d)(5) of such Act (52 U.S.C. 30116(d)(5)) is amended by striking “subsection (a)(9)” and inserting “subsection (a)(9) or subsection (a)(11)”.

(c)

Accounts Described— Section 315(a) of such Act (52 U.S.C. 30116(a)), as amended by section 8112(a), is amended by adding at the end the following new paragraph:

“(11) An account described in this paragraph is a separate, segregated account of a national congressional campaign committee of a political party which—

“(A) supports only candidates for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; and

“(B) consists exclusively of contributions made during a calendar year by individuals whose aggregate contributions to the committee during the year do not exceed $200.”

(d)

Effective Date— The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

E Severability

Sec. 8401 Severability

If any provision of this title or amendment made by this title, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this title and amendments made by this title, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

Lineage

Jul 25, 2023viewing Introduced in Senate Ms. Klobuchar (for herself, Mr. Merkley, Mr. Kaine, Mr. King, Mr. Manchin, Mr. Padilla, Mr. Tester, Mr. Warnock, Mr. Schumer, Ms. Baldwin, Mr. Bennet, Mr. Blumenthal, Mr. Booker, Mr. Brown, Ms. Cantwell, Mr. Cardin, Mr. Carper, Mr. Casey, Mr. Coons, Ms. Cortez Masto, Ms. Duckworth, Mr. Durbin, Mrs. Feinstein, Mr. Fetterman, Mrs. Gillibrand, Ms. Hassan, Mr. Heinrich, Mr. Hickenlooper, Ms. Hirono, Mr. Kelly, Mr. Luján, Mr. Markey, Mr. Menendez, Mr. Murphy, Mrs. Murray, Mr. Ossoff, Mr. Peters, Mr. Reed, Ms. Rosen, Mr. Sanders, Mr. Schatz, Mrs. Shaheen, Ms. Sinema, Ms. Smith, Ms. Stabenow, Mr. Van Hollen, Mr. Warner, Ms. Warren, Mr. Welch, Mr. Whitehouse, and Mr. Wyden) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration