G:\OFFICE\RAMSEYER\R16\RH\H1HA_RH.XMLXXXXXXXX2/28/2019 10:17XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX [Discussion Draft] XXXXXX (Original Signature of Member) [DISCUSSION DRAFT]

I ---- Calendar No. 116th CONGRESS 1st Session H. R. 1 [Report No. 116–] IN THE HOUSE OF REPRESENTATIVES January 3, 2019 Mr. Sarbanes (for himself and Ms. Pelosi) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Intelligence (Permanent Select), the Judiciary, Oversight and Reform, Science, Space, and Technology, Education and Labor, Ways and Means, Financial Services, Ethics, and Homeland Security, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned March --, 2019 Reported from the Committee on House Administration with an amendment Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on January 3, 2019 A BILL To expand Americans’ access to the ballot box, reduce the influence of big money in politics, and strengthen ethics rules for public servants, and for other purposes.

1.

Short title

This Act may be cited as the For the People Act of 2019.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into 3 divisions as follows: (1)Division A—Voting. (2)Division B—Campaign Finance. (3)Division C—Ethics. (b)

Table of contents

The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Division A—Voting Title I—Election Access Sec. 1000. Short title; statement of policy. Subtitle A—Voter Registration Modernization Sec. 1000A. Short title. Part 1—Promoting Internet Registration Sec. 1001. Requiring availability of Internet for voter registration. Sec. 1002. Use of Internet to update registration information. Sec. 1003. Provision of election information by electronic mail to individuals registered to vote. Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1005. Effective date. Part 2—Automatic Voter Registration Sec. 1011. Short title; findings and purpose. Sec. 1012. Automatic registration of eligible individuals. Sec. 1013. Contributing agency assistance in registration. Sec. 1014. One-time contributing agency assistance in registration of eligible voters in existing records. Sec. 1015. Voter protection and security in automatic registration. Sec. 1016. Registration portability and correction. Sec. 1017. Payments and grants. Sec. 1018. Treatment of exempt States. Sec. 1019. Miscellaneous provisions. Sec. 1020. Definitions. Sec. 1021. Effective date. Part 3—Same Day Voter Registration Sec. 1031. Same day registration. Part 4—Conditions on Removal on Basis of Interstate Cross-Checks Sec. 1041. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks. Part 5—Other Initiatives to Promote Voter Registration Sec. 1051. Annual reports on voter registration statistics. Part 6—Availability of HAVA Requirements Payments Sec. 1061. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Part 7—Prohibiting Interference With Voter Registration Sec. 1071. [Reserved]. Sec. 1072. Establishment of best practices. Subtitle B—Access to Voting for Individuals With Disabilities Sec. 1101. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 1102. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Subtitle C—Prohibiting Voter Caging Sec. 1201. [Reserved]. Sec. 1202. Development and adoption of best practices for preventing voter caging. Subtitle D—[Reserved] Subtitle E—[Reserved] Subtitle F—Promoting Accuracy, Integrity, and Security Through Voter-Verified Permanent Paper Ballot Sec. 1501. Short title. Sec. 1502. Paper ballot and manual counting requirements. Sec. 1503. Accessibility and ballot verification for individuals with disabilities. Sec. 1504. Durability and readability requirements for ballots. Sec. 1505. Effective date for new requirements. Subtitle G—Provisional Ballots Sec. 1601. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. Subtitle H—Early Voting Sec. 1611. Early voting. Subtitle I—Voting by Mail Sec. 1621. Voting by Mail. Subtitle J—Absent Uniformed Services Voters and Overseas Voters Sec. 1701. Pre-election reports on availability and transmission of absentee ballots. Sec. 1702. Enforcement. Sec. 1703. Revisions to 45-day absentee ballot transmission rule. Sec. 1704. Use of single absentee ballot application for subsequent elections. Sec. 1705. Effective date. Subtitle K—Poll Worker Recruitment and Training Sec. 1801. [Reserved]. Sec. 1802. Grants to States for poll worker recruitment and training. Sec. 1803. State defined. Subtitle L—Enhancement of Enforcement Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002. Subtitle M—Federal Election Integrity Sec. 1821. Prohibition on campaign activities by chief State election administration officials. Subtitle N—Promoting Voter Access Through Election Administration Improvements Part 1—Promoting Voter Access Sec. 1901. Treatment of institutions of higher education. Sec. 1902. Minimum notification requirements for voters affected by polling place changes. Sec. 1903. [Reserved]. Sec. 1904. Permitting use of sworn written statement to meet identification requirements for voting. Sec. 1905. [Reserved]. Sec. 1906. Reimbursement for costs incurred by States in establishing program to track and confirm receipt of absentee ballots. Sec. 1907. Voter information response systems and hotline. Part 2—Improvements in Operation of Election Assistance Commission Sec. 1911. Reauthorization of Election Assistance Commission. Sec. 1913. Requiring states to participate in post-general election surveys. Sec. 1914. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission. Sec. 1915. Recommendations to improve operations of Election Assistance Commission. Sec. 1916. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Part 3—Miscellaneous Provisions Sec. 1921. Application of laws to Commonwealth of Northern Mariana Islands. Sec. 1922. No effect on other laws. Subtitle O—Severability Sec. 1931. Severability. Title II—Election Integrity Subtitle A—[Reserved] Subtitle B—[Reserved] Subtitle C—[Reserved] Subtitle D—[Reserved] Subtitle E—[Reserved] Subtitle F—Saving Eligible Voters From Voter Purging Sec. 2501. Short title. Sec. 2502. Conditions for removal of voters from list of registered voters. Subtitle G—No Effect on Authority of States to Provide Greater Opportunities for Voting Sec. 2601. No effect on authority of States to provide greater opportunities for voting. Subtitle H—Severability Sec. 2701. Severability. Title III—Election Security Sec. 3000. Short title; sense of Congress. Subtitle A—Financial Support for Election Infrastructure Part 1—Voting System Security Improvement Grants Sec. 3001. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. Sec. 3002. Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002. Sec. 3003. Incorporation of definitions. Part 2—Grants for Risk-limiting Audits of Results of Elections Sec. 3011. Grants to States for conducting risk-limiting audits of results of elections. Sec. 3012. GAO analysis of effects of audits. Part 3—[Reserved] Subtitle B—Security Measures Sec. 3101. Election infrastructure designation. Sec. 3102. Timely threat information. Sec. 3103. Security clearance assistance for election officials. Sec. 3104. Security risk and vulnerability assessments. Sec. 3105. Annual reports. Subtitle C—Enhancing Protections for United States Democratic Institutions Sec. 3201. National strategy to protect United States democratic institutions. Sec. 3202. National Commission to Protect United States Democratic Institutions. Subtitle D—Promoting Cybersecurity Through Improvements in Election Administration Sec. 3301. Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines. Sec. 3302. Treatment of electronic poll books as part of voting systems. Sec. 3303. Pre-election reports on voting system usage. Sec. 3304. Streamlining collection of election information. Subtitle E—Preventing Election Hacking Sec. 3401. Short title. Sec. 3402. Election Security Bug Bounty Program. Sec. 3403. Definitions. Subtitle F—Miscellaneous Provisions Sec. 3501. Definitions. Sec. 3502. Initial report on adequacy of resources available for implementation. Subtitle G—Severability Sec. 3601. Severability. Division B—Campaign Finance Title IV—Campaign Finance Transparency Subtitle A—Findings Relating to Illicit Money Undermining Our Democracy Sec. 4001. Findings relating to illicit money undermining our democracy. Subtitle B—DISCLOSE Act Sec. 4100. Short title. Part 1—Regulation of Certain Political Spending Sec. 4101. Application of ban on contributions and expenditures by foreign nationals to domestic corporations, limited liability corporations, and partnerships that are foreign-controlled, foreign-influenced, and foreign-owned. Sec. 4102. Clarification of application of foreign money ban to certain disbursements and activities. Part 2—Reporting of Campaign-Related Disbursements Sec. 4111. Reporting of campaign-related disbursements. Sec. 4112. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. Sec. 4113. Effective date. Part 3—Other Administrative Reforms Sec. 4121. Petition for certiorari. Sec. 4122. Judicial review of actions related to campaign finance laws. Subtitle C—Honest Ads Sec. 4201. Short title. Sec. 4202. Purpose. Sec. 4203. Findings. Sec. 4204. Sense of Congress. Sec. 4205. Expansion of definition of public communication. Sec. 4206. Expansion of definition of electioneering communication. Sec. 4207. Application of disclaimer statements to online communications. Sec. 4208. Political record requirements for online platforms. Sec. 4209. Preventing contributions, expenditures, independent expenditures, and disbursements for electioneering communications by foreign nationals in the form of online advertising. Subtitle D—Stand By Every Ad Sec. 4301. Short title. Sec. 4302. Stand By Every Ad. Sec. 4303. Disclaimer requirements for communications made through prerecorded telephone calls. Sec. 4304. No expansion of persons subject to disclaimer requirements on Internet communications. Sec. 4305. Effective date. Subtitle E—[Reserved] Subtitle F—[Reserved] Subtitle G—[Reserved] Subtitle H—Limitation and Disclosure Requirements for Presidential Inaugural Committees Sec. 4701. Short title. Sec. 4702. Limitations and disclosure of certain donations to, and disbursements by, Inaugural Committees. Subtitle I—Severability Sec. 4801. Severability. Title V—Campaign Finance Empowerment Subtitle A—Findings Relating to Citizens United Decision Sec. 5001. Findings relating to Citizens United decision. Subtitle B—Congressional Elections Sec. 5100. Short title. Part 1—My Voice Voucher Pilot Program Sec. 5101. Establishment of pilot program. Sec. 5102. Voucher program described. Sec. 5103. Reports. Sec. 5104. Definitions. Part 2—Small Dollar Financing of Congressional Election Campaigns Sec. 5111. Benefits and eligibility requirements for candidates. “Title V—Small Dollar Financing of Congressional Election Campaigns “Subtitle A—Benefits Sec. 501. Benefits for participating candidates. Sec. 502. Procedures for making payments. Sec. 503. Use of funds. Sec. 504. Qualified small dollar contributions described. “Subtitle B—Eligibility and Certification Sec. 511. Eligibility. Sec. 512. Qualifying requirements. Sec. 513. Certification. “Subtitle C—Requirements for Candidates Certified as Participating Candidates Sec. 521. Contribution and expenditure requirements. Sec. 522. Administration of campaign. Sec. 523. Preventing unnecessary spending of public funds. Sec. 524. Remitting unspent funds after election. “Subtitle D—Enhanced Match Support Sec. 531. Enhanced support for general election. Sec. 532. Eligibility. Sec. 533. Amount. Sec. 534. Waiver of authority to retain portion of unspent funds after election. “Subtitle E—Administrative Provisions Sec. 541. Freedom From Influence Fund. Sec. 542. Reviews and reports by Government Accountability Office. Sec. 543. Administration by Commission. Sec. 544. Violations and penalties. Sec. 545. Appeals process. Sec. 546. Indexing of amounts. Sec. 547. Election cycle defined.” Sec. 5112. Contributions and expenditures by multicandidate and political party committees on behalf of participating candidates. Sec. 5113. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. Sec. 5114. Effective date. Subtitle C—Presidential Elections Sec. 5200. Short title. Part 1—Primary Elections Sec. 5201. Increase in and modifications to matching payments. Sec. 5202. Eligibility requirements for matching payments. Sec. 5203. Repeal of expenditure limitations. Sec. 5204. Period of availability of matching payments. Sec. 5205. Examination and audits of matchable contributions. Sec. 5206. Modification to limitation on contributions for Presidential primary candidates. Sec. 5207. Use of Freedom From Influence Fund as source of payments. Part 2—General Elections Sec. 5211. Modification of eligibility requirements for public financing. Sec. 5212. Repeal of expenditure limitations and use of qualified campaign contributions. Sec. 5213. Matching payments and other modifications to payment amounts. Sec. 5214. Increase in limit on coordinated party expenditures. Sec. 5215. Establishment of uniform date for release of payments. Sec. 5216. Amounts in Presidential Election Campaign Fund. Sec. 5217. Use of general election payments for general election legal and accounting compliance. Sec. 5218. Use of Freedom From Influence Fund as source of payments. Part 3—Effective Date Sec. 5221. Effective date. Subtitle D—Personal Use Services as Authorized Campaign Expenditures Sec. 5301. Short title; findings; purpose. Sec. 5302. Treatment of payments for child care and other personal use services as authorized campaign expenditure. Subtitle E—Severability Sec. 5401. Severability. Title VI—Campaign Finance Oversight Subtitle A—Restoring Integrity to America’s Elections Sec. 6001. Short title. Sec. 6002. Membership of Federal Election Commission. Sec. 6003. Assignment of powers to Chair of Federal Election Commission. Sec. 6004. Revision to enforcement process. Sec. 6005. Permitting appearance at hearings on requests for advisory opinions by persons opposing the requests. Sec. 6006. Permanent extension of administrative penalty authority. Sec. 6007. Restrictions on ex parte communications. Sec. 6008. Effective date; transition. Subtitle B—Stopping Super PAC-Candidate Coordination Sec. 6101. Short title. Sec. 6102. Clarification of treatment of coordinated expenditures as contributions to candidates. Sec. 6103. Clarification of ban on fundraising for super PACs by Federal candidates and officeholders. Subtitle C—Severability Sec. 6201. Severability. Division C—Ethics Title VII—[Reserved] Title VIII—[Reserved] Title IX—Congressional Ethics Reform Subtitle A—Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 Sec. 9001. Requiring Members of Congress to reimburse Treasury for amounts paid as settlements and awards under Congressional Accountability Act of 1995 in all cases of employment discrimination acts by Members. Subtitle B—Conflicts of Interests Sec. 9101. [Reserved]. Sec. 9102. Conflict of interest rules for Members of Congress and congressional staff. Sec. 9103. Exercise of rulemaking powers. Subtitle C—Campaign Finance and Lobbying Disclosure Sec. 9201. Short title. Sec. 9202. Requiring disclosure in certain reports filed with Federal Election Commission of persons who are registered lobbyists. Sec. 9203. Effective date. Subtitle D—Access to Congressionally Mandated Reports Sec. 9301. Short title. Sec. 9302. Definitions. Sec. 9303. Establishment of online portal for congressionally mandated reports. Sec. 9304. Federal agency responsibilities. Sec. 9305. Removing and altering reports. Sec. 9306. Relationship to the Freedom of Information Act. Sec. 9307. Implementation. Subtitle E—Severability Sec. 9401. Severability. Title X—[Reserved]

A

Voting

B

Campaign Finance

.

5112.

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 (5), the national committee; and (2)by adding at the end the following new paragraph: (5)The limits described in paragraph (3) do not apply in the case of expenditures in connection with the general election campaign of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress who is a participating candidate under title V with respect to the election, but only if— (A)the expenditures are paid from a separate, segregated account of the committee which is described in subsection (a)(9); and (B)the expenditures are the sole source of funding provided by the committee to the candidate..

5113.

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)..

5114.

Effective date

(a)

In general

Except as may otherwise be provided in this part and in the amendments made by this part, this part and the amendments made by this part shall apply with respect to elections occurring during 2026 or any succeeding year, 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 (b). (b)

Deadline for regulations

Not later than June 30, 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.

C

Presidential Elections

5200.

Short title

This subtitle may be cited as the Empower Act of 2019.

1

Primary Elections

5201.

Increase in and modifications to matching payments

(a)

Increase and modification

(1)

In general

The first sentence of section 9034(a) of the Internal Revenue Code of 1986 is amended— (A)by striking an amount equal to the amount of each contribution and inserting an amount equal to 600 percent of the amount of each matchable contribution (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200); and (B)by striking authorized committees and all that follows through $250 and inserting authorized committees. (2)

Matchable contributions

Section 9034 of such Code is amended— (A)by striking the last sentence of subsection (a); and (B)by adding at the end the following new subsection: (c)

Matchable contribution defined

For purposes of this section and section 9033(b)— (1)

Matchable contribution

The term matchable contribution means, with respect to the nomination for election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that— (A)the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election; (B)such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A); and (C)such contribution was a direct contribution. (2)

Contribution

For purposes of this subsection, the term contribution means a gift of money made by a written instrument which identifies the individual making the contribution by full name and mailing address, but does not include a subscription, loan, advance, or deposit of money, or anything of value or anything described in subparagraph (B), (C), or (D) of section 9032(4). (3)

Direct contribution

(A)

In general

For purposes of this subsection, the term direct contribution means, with respect to a candidate, a contribution which 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)

Other definitions

In subparagraph (A)— (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)

Conforming amendments

(A)Section 9032(4) of such Code is amended by striking section 9034(a) and inserting section 9034. (B)Section 9033(b)(3) of such Code is amended by striking matching contributions and inserting matchable contributions. (b)

Modification of payment limitation

Section 9034(a) of such Code is amended— (1)by striking Every and inserting the following: (1)

In general

Every; (2)by striking shall not exceed and all that follows and inserting shall not exceed $250,000,000., and (3)by adding at the end the following new paragraph: (2)

Inflation adjustment

(A)

In general

In the case of any applicable period beginning after 2029, the dollar amount in paragraph (1) shall be increased by an amount equal to— (i)such dollar amount, multiplied by (ii)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting calendar year 2028 for calendar year 1992 in subparagraph (B) thereof. (B)

Applicable period

For purposes of this paragraph, the term applicable period means the 4-year period beginning with the first day following the date of the general election for the office of President and ending on the date of the next such general election. (C)

Rounding

If any amount as adjusted under subparagraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000..

5202.

Eligibility requirements for matching payments

(a)

Amount of aggregate contributions per State; disregarding of amounts contributed in excess of $200

Section 9033(b)(3) of the Internal Revenue Code of 1986 is amended— (1)by striking $5,000 and inserting $25,000; and (2)by striking 20 States and inserting the following: 20 States (disregarding any amount of contributions from any such resident to the extent that the total of the amounts contributed by such resident for the election exceeds $200). (b)

Contribution limit

(1)

In general

Paragraph (4) of section 9033(b) of such Code is amended to read as follows: (4)the candidate and the authorized committees of the candidate will not accept aggregate contributions from any person with respect to the nomination for election to the office of President of the United States in excess of $1,000 for the election.. (2)

Conforming amendments

(A)Section 9033(b) of such Code is amended by adding at the end the following new flush sentence: For purposes of paragraph (4), the term contribution has the meaning given such term in section 301(8) of the Federal Election Campaign Act of 1971.. (B)Section 9032(4) of such Code, as amended by section 5201(a)(3)(A), is amended by inserting or 9033(b) after 9034. (c)

Participation in system for payments for general election

Section 9033(b) of such Code is amended— (1)by striking and at the end of paragraph (3); (2)by striking the period at the end of paragraph (4) and inserting , and; and (3)by inserting after paragraph (4) the following new paragraph: (5)if the candidate is nominated by a political party for election to the office of President, the candidate will apply for and accept payments with respect to the general election for such office in accordance with chapter 95.. (d)

Prohibition on joint fundraising committees

Section 9033(b) of such Code, as amended by subsection (c), is amended— (1)by striking and at the end of paragraph (4); (2)by striking the period at the end of paragraph (5) and inserting ; and; and (3)by inserting after paragraph (5) the following new paragraph: (6)the candidate will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate, except that candidate established a joint fundraising committee with respect to a prior election for which the candidate was not eligible to receive payments under section 9037 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of this paragraph 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 eligible to receive payments under such section..

5203.

Repeal of expenditure limitations

(a)

In general

Subsection (a) of section 9035 of the Internal Revenue Code of 1986 is amended to read as follows: (a)

Personal expenditure limitation

No candidate shall knowingly make expenditures from his personal funds, or the personal funds of his immediate family, in connection with his campaign for nomination for election to the office of President in excess of, in the aggregate, $50,000.. (b)

Conforming amendment

Paragraph (1) of section 9033(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1)the candidate will comply with the personal expenditure limitation under section 9035,.

5204.

Period of availability of matching payments

Section 9032(6) of the Internal Revenue Code of 1986 is amended by striking the beginning of the calendar year in which a general election for the office of President of the United States will be held and inserting the date that is 6 months prior to the date of the earliest State primary election.

5205.

Examination and audits of matchable contributions

Section 9038(a) of the Internal Revenue Code of 1986 is amended by inserting and matchable contributions accepted by after qualified campaign expenses of.

5206.

Modification to limitation on contributions for Presidential primary candidates

Section 315(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(a)(6)) is amended by striking calendar year and inserting four-year election cycle.

5207.

Use of Freedom From Influence Fund as source of payments

(a)

In general

Chapter 96 of subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

9043.

Use of Freedom From Influence Fund as source of payments

(a)

In general

Notwithstanding any other provision of this chapter, effective with respect to the Presidential election held in 2028 and each succeeding Presidential election, all payments made to candidates under this chapter shall be made from the Freedom From Influence Fund established under section 541 of the Federal Election Campaign Act of 1971 (hereafter in this section referred to as the Fund). (b)

Mandatory reduction of payments in case of insufficient amounts in Fund

(1)

Advance audits by Commission

Not later than 90 days before the first day of each Presidential election cycle (beginning with the cycle for the election held in 2028), the Commission shall— (A)audit the Fund to determine whether, after first making payments to participating candidates under title V of the Federal Election Campaign Act of 1971 and then making payments to States under the My Voice Voucher Program under the Government By the People Act of 2019, the amounts remaining in the Fund will be sufficient to make payments to candidates under this chapter in the amounts provided under this chapter during such election cycle; and (B)submit a report to Congress describing the results of the audit. (2)

Reductions in amount of payments

(A)

Automatic reduction on pro rata basis

If, on the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of candidates to payments under this chapter for such cycle, the Commission shall reduce each amount which would otherwise be paid to a candidate under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such cycle. (B)

Restoration of reductions in case of availability of sufficient funds during election cycle

If, after reducing the amounts paid to candidates with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under subparagraph (A) (or any portion thereof, as the case may be). (C)

No use of amounts from other sources

In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to candidates under this chapter, moneys shall not be made available from any other source for the purpose of making such payments. (3)

No effect on amounts transferred for pediatric research initiative

This section does not apply to the transfer of funds under section 9008(i). (4)

Presidential election cycle defined

In this section, the term Presidential election cycle means, with respect to a Presidential election, the period beginning on the day after the date of the previous Presidential general election and ending on the date of the Presidential election.

. (b)

Clerical amendment

The table of sections for chapter 96 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9043. Use of Freedom From Influence Fund as source of payments..

2

General Elections

5211.

Modification of eligibility requirements for public financing

Subsection (a) of section 9003 of the Internal Revenue Code of 1986 is amended to read as follows: (a)

In general

In order to be eligible to receive any payments under section 9006, the candidates of a political party in a Presidential election shall meet the following requirements: (1)

Participation in primary payment system

The candidate for President received payments under chapter 96 for the campaign for nomination for election to be President. (2)

Agreements with Commission

The candidates, in writing— (A)agree to obtain and furnish to the Commission such evidence as it may request of the qualified campaign expenses of such candidates, (B)agree to keep and furnish to the Commission such records, books, and other information as it may request, and (C)agree to an audit and examination by the Commission under section 9007 and to pay any amounts required to be paid under such section. (3)

Prohibition on joint fundraising committees

(A)

Prohibition

The candidates certifies in writing that the candidates will not establish a joint fundraising committee with a political committee other than another authorized committee of the candidate. (B)

Status of existing committees for prior elections

If a candidate established a joint fundraising committee described in subparagraph (A) with respect to a prior election for which the candidate was not eligible to receive payments under section 9006 and the candidate does not terminate the committee, the candidate shall not be considered to be in violation of subparagraph (A) so long as that joint fundraising committee does not receive any contributions or make any disbursements with respect to the election for which the candidate is eligible to receive payments under section 9006..

5212.

Repeal of expenditure limitations and use of qualified campaign contributions

(a)

Use of qualified campaign contributions without expenditure limits; application of same requirements for major, minor, and new parties

Section 9003 of the Internal Revenue Code of 1986 is amended by striking subsections (b) and (c) and inserting the following: (b)

Use of Qualified Campaign Contributions To Defray Expenses

(1)

In general

In order to be eligible to receive any payments under section 9006, the candidates of a party in a Presidential election shall certify to the Commission, under penalty of perjury, that— (A)such candidates and their authorized committees have not and will not accept any contributions to defray qualified campaign expenses other than— (i)qualified campaign contributions, and (ii)contributions to the extent necessary to make up any deficiency payments received out of the fund on account of the application of section 9006(c), and (B)such candidates and their authorized committees have not and will not accept any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). (2)

Timing of certification

The candidate shall make the certification required under this subsection at the same time the candidate makes the certification required under subsection (a)(3).. (b)

Definition of qualified campaign contribution

Section 9002 of such Code is amended by adding at the end the following new paragraph: (13)

Qualified campaign contribution

The term qualified campaign contribution means, with respect to any election for the office of President of the United States, a contribution from an individual to a candidate or an authorized committee of a candidate which— (A)does not exceed $1,000 for the election; and (B)with respect to which the candidate has certified in writing that— (i)the individual making such contribution has not made aggregate contributions (including such qualified contribution) to such candidate and the authorized committees of such candidate in excess of the amount described in subparagraph (A), and (ii)such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such qualified contribution) aggregating more than the amount described in subparagraph (A) with respect to such election.. (c)

Conforming amendments

(1)

Repeal of expenditure limits

(A)

In general

Section 315 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116) is amended by striking subsection (b). (B)

Conforming amendments

Section 315(c) of such Act (52 U.S.C. 30116(c)) is amended— (i)in paragraph (1)(B)(i), by striking , (b); and (ii)in paragraph (2)(B)(i), by striking subsections (b) and (d) and inserting subsection (d). (2)

Repeal of repayment requirement

(A)

In general

Section 9007(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (2) and redesignating paragraphs (3), (4), and (5) as paragraphs (2), (3), and (4), respectively. (B)

Conforming amendment

Paragraph (2) of section 9007(b) of such Code, as redesignated by subparagraph (A), is amended— (i)by striking a major party and inserting a party; (ii)by inserting qualified contributions and after contributions (other than; and (iii)by striking (other than qualified campaign expenses with respect to which payment is required under paragraph (2)). (3)

Criminal penalties

(A)

Repeal of penalty for excess expenses

Section 9012 of the Internal Revenue Code of 1986 is amended by striking subsection (a). (B)

Penalty for acceptance of disallowed contributions; application of same penalty for candidates of major, minor, and new parties

Subsection (b) of section 9012 of such Code is amended to read as follows: (b)

Contributions

(1)

Acceptance of disallowed contributions

It shall be unlawful for an eligible candidate of a party in a Presidential election or any of his authorized committees knowingly and willfully to accept— (A)any contribution other than a qualified campaign contribution to defray qualified campaign expenses, except to the extent necessary to make up any deficiency in payments received out of the fund on account of the application of section 9006(c); or (B)any contribution to defray expenses which would be qualified campaign expenses but for subparagraph (C) of section 9002(11). (2)

Penalty

Any person who violates paragraph (1) shall be fined not more than $5,000, or imprisoned not more than one year, or both. In the case of a violation by an authorized committee, any officer or member of such committee who knowingly and willfully consents to such violation shall be fined not more than $5,000, or imprisoned not more than one year, or both..

5213.

Matching payments and other modifications to payment amounts

(a)

In general

(1)

Amount of payments; application of same amount for candidates of major, minor, and new parties

Subsection (a) of section 9004 of the Internal Revenue Code of 1986 is amended to read as follows: (a)

In general

Subject to the provisions of this chapter, the eligible candidates of a party in a Presidential election shall be entitled to equal payment under section 9006 in an amount equal to 600 percent of the amount of each matchable contribution received by such candidate or by the candidate’s authorized committees (disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200), except that total amount to which a candidate is entitled under this paragraph shall not exceed $250,000,000.. (2)

Repeal of separate limitations for candidates of minor and new parties; inflation adjustment

Subsection (b) of section 9004 of such Code is amended to read as follows: (b)

Inflation adjustment

(1)

In general

In the case of any applicable period beginning after 2029, the $250,000,000 dollar amount in subsection (a) shall be increased by an amount equal to— (A)such dollar amount; multiplied by (B)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year following the year which such applicable period begins, determined by substituting calendar year 2028 for calendar year 1992 in subparagraph (B) thereof. (2)

Applicable period

For purposes of this subsection, the term applicable period means the 4-year period beginning with the first day following the date of the general election for the office of President and ending on the date of the next such general election. (3)

Rounding

If any amount as adjusted under paragraph (1) is not a multiple of $10,000, such amount shall be rounded to the nearest multiple of $10,000.. (3)

Conforming amendment

Section 9005(a) of such Code is amended by adding at the end the following new sentence: The Commission shall make such additional certifications as may be necessary to receive payments under section 9004.. (b)

Matchable contribution

Section 9002 of such Code, as amended by section 5212(b), is amended by adding at the end the following new paragraph: (14)

Matchable contribution

The term matchable contribution means, with respect to the election to the office of President of the United States, a contribution by an individual to a candidate or an authorized committee of a candidate with respect to which the candidate has certified in writing that— (A)the individual making such contribution has not made aggregate contributions (including such matchable contribution) to such candidate and the authorized committees of such candidate in excess of $1,000 for the election; (B)such candidate and the authorized committees of such candidate will not accept contributions from such individual (including such matchable contribution) aggregating more than the amount described in subparagraph (A) with respect to such election; and (C)such contribution was a direct contribution (as defined in section 9034(c)(3))..

5214.

Increase in limit on coordinated party expenditures

(a)

In general

Section 315(d)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116(d)(2)) is amended to read as follows: (2) (A)The national committee of a political party may not make any expenditure in connection with the general election campaign of any candidate for President of the United States who is affiliated with such party which exceeds $100,000,000. (B)For purposes of this paragraph— (i)any expenditure made by or on behalf of a national committee of a political party and in connection with a Presidential election shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party; and (ii)any communication made by or on behalf of such party shall be considered to be made in connection with the general election campaign of a candidate for President of the United States who is affiliated with such party if any portion of the communication is in connection with such election. (C)Any expenditure under this paragraph shall be in addition to any expenditure by a national committee of a political party serving as the principal campaign committee of a candidate for the office of President of the United States.. (b)

Conforming Amendments Relating to Timing of Cost-of-Living Adjustment

(1)

In general

Section 315(c)(1) of such Act (52 U.S.C. 30116(c)(1)) is amended— (A)in subparagraph (B), by striking (d) and inserting (d)(2); and (B)by adding at the end the following new subparagraph: (D)In any calendar year after 2028— (i)the dollar amount in subsection (d)(2) shall be increased by the percent difference determined under subparagraph (A); (ii)the amount so increased shall remain in effect for the calendar year; and (iii)if the amount after adjustment under clause (i) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.. (2)

Base year

Section 315(c)(2)(B) of such Act (52 U.S.C. 30116(c)(2)(B)) is amended— (A)in clause (i)— (i)by striking (d) and inserting (d)(3); and (ii)by striking and at the end; (B)in clause (ii), by striking the period at the end and inserting ; and; and (C)by adding at the end the following new clause: (iii)for purposes of subsection (d)(2), calendar year 2027..

5215.

Establishment of uniform date for release of payments

(a)

Date for payments

(1)

In general

Section 9006(b) of the Internal Revenue Code of 1986 is amended to read as follows: (b)

Payments from the Fund

If the Secretary of the Treasury receives a certification from the Commission under section 9005 for payment to the eligible candidates of a political party, the Secretary shall pay to such candidates out of the fund the amount certified by the Commission on the later of— (1)the last Friday occurring before the first Monday in September; or (2)24 hours after receiving the certifications for the eligible candidates of all major political parties.Amounts paid to any such candidates shall be under the control of such candidates.. (2)

Conforming Amendment

The first sentence of section 9006(c) of such Code is amended by striking the time of a certification by the Commission under section 9005 for payment and inserting the time of making a payment under subsection (b). (b)

Time for certification

Section 9005(a) of the Internal Revenue Code of 1986 is amended by striking 10 days and inserting 24 hours.

5216.

Amounts in Presidential Election Campaign Fund

Section 9006(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: In making a determination of whether there are insufficient moneys in the fund for purposes of the previous sentence, the Secretary shall take into account in determining the balance of the fund for a Presidential election year the Secretary’s best estimate of the amount of moneys which will be deposited into the fund during the year, except that the amount of the estimate may not exceed the average of the annual amounts deposited in the fund during the previous 3 years..

5217.

Use of general election payments for general election legal and accounting compliance

Section 9002(11) of the Internal Revenue Code of 1986 is amended by adding at the end the following new sentence: For purposes of subparagraph (A), an expense incurred by a candidate or authorized committee for general election legal and accounting compliance purposes shall be considered to be an expense to further the election of such candidate..

5218.

Use of Freedom From Influence Fund as source of payments

(a)

In general

Chapter 95 of subtitle H of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

9013.

Use of Freedom From Influence Fund as source of payments

(a)

In general

Notwithstanding any other provision of this chapter, effective with respect to the Presidential election held in 2028 and each succeeding Presidential election, all payments made under this chapter shall be made from the Freedom From Influence Fund established under section 541 of the Federal Election Campaign Act of 1971. (b)

Mandatory reduction of payments in case of insufficient amounts in Fund

(1)

Advance audits by Commission

Not later than 90 days before the first day of each Presidential election cycle (beginning with the cycle for the election held in 2028), the Commission shall— (A)audit the Fund to determine whether, after first making payments to participating candidates under title V of the Federal Election Campaign Act of 1971 and then making payments to States under the My Voice Voucher Program under the Government By the People Act of 2019 and then making payments to candidates under chapter 96, the amounts remaining in the Fund will be sufficient to make payments to candidates under this chapter in the amounts provided under this chapter during such election cycle; and (B)submit a report to Congress describing the results of the audit. (2)

Reductions in amount of payments

(A)

Automatic reduction on pro rata basis

If, on the basis of the audit described in paragraph (1), the Commission determines that the amount anticipated to be available in the Fund with respect to the Presidential election cycle involved is not, or may not be, sufficient to satisfy the full entitlements of candidates to payments under this chapter for such cycle, the Commission shall reduce each amount which would otherwise be paid to a candidate under this chapter by such pro rata amount as may be necessary to ensure that the aggregate amount of payments anticipated to be made with respect to the cycle will not exceed the amount anticipated to be available for such payments in the Fund with respect to such cycle. (B)

Restoration of reductions in case of availability of sufficient funds during election cycle

If, after reducing the amounts paid to candidates with respect to an election cycle under subparagraph (A), the Commission determines that there are sufficient amounts in the Fund to restore the amount by which such payments were reduced (or any portion thereof), to the extent that such amounts are available, the Commission may make a payment on a pro rata basis to each such candidate with respect to the election cycle in the amount by which such candidate’s payments were reduced under subparagraph (A) (or any portion thereof, as the case may be). (C)

No use of amounts from other sources

In any case in which the Commission determines that there are insufficient moneys in the Fund to make payments to candidates under this chapter, moneys shall not be made available from any other source for the purpose of making such payments. (3)

No effect on amounts transferred for pediatric research initiative

This section does not apply to the transfer of funds under section 9008(i). (4)

Presidential election cycle defined

In this section, the term Presidential election cycle means, with respect to a Presidential election, the period beginning on the day after the date of the previous Presidential general election and ending on the date of the Presidential election.

. (b)

Clerical amendment

The table of sections for chapter 95 of subtitle H of such Code is amended by adding at the end the following new item: Sec. 9013. Use of Freedom From Influence Fund as source of payments..

3

Effective Date

5221.

Effective date

(a)

In general

Except as otherwise provided, this subtitle and the amendments made by this subtitle shall apply with respect to the Presidential election held in 2028 and each succeeding Presidential election, 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 (b). (b)

Deadline for regulations

Not later than June 30, 2026, the Federal Election Commission shall promulgate such regulations as may be necessary to carry out this part and the amendments made by this part.

D

Personal Use Services as Authorized Campaign Expenditures

5301.

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 2015 survey by the Center for Responsive Politics showed that the median net worth of lawmakers was just over $1 million in 2013, or 18 times the wealth of the typical American household. (5)These circumstances have also contributed to a governing body that does not reflect the nation it serves. For instance, women are 51% of the American population. Yet even with a record number of women serving in the One Hundred Sixteenth Congress, the Pew Research Center notes that more than 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. (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.

5302.

Treatment of payments for child care and other personal use services as authorized campaign expenditure

(a)

Personal use services as authorized campaign expenditures

Section 313 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30114), as amended by section 5113, is amended by adding at the end the following new subsection: (e)

Treatment of payments for child care 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 (E) 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)Child care 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)Dues, fees, and other expenses required to maintain an license or similar requirement related to an individual’s profession. (E)Costs associated with health insurance coverage. . (b)

Effective date

The amendments made by this section shall take effect on the date of the enactment of this Act.

E

Severability

5401.

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.

C

Ethics