Sec. 201. Benefits and eligibility requirements for candidates
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The Federal Election Campaign Act of 1971 ( 2 U.S.C. 431 et seq. ) is amended by adding at the end the following: If a candidate for election to the office of Senator or 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. In the case of a participating candidate who is a Tier 1 candidate, the amount of a payment made under this title shall be equal to 500 percent of the amount of qualified grassroots contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle which are attributable to residents of the State in which the candidate seeks election.
In the case of a participating candidate who is a Tier 2 candidate, the amount of the payment made under this title shall be equal to 1,000 percent of the amount of qualified grassroots contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle. In the case of a participating candidate who is a Tier 1 candidate, the aggregate amount of payments made under this title may not exceed 50% of the average of the 10 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 (in the case of a participating candidate for such office) or any winning candidate for the office of Senator during the most recent election cycle (in the case of a participating candidate for such office).
In the case of a participating candidate who is a Tier 2 candidate, the aggregate amount of payments made under this title may not exceed 100% of the average of the 10 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 (in the case of a participating candidate for such office) or any winning candidate for the office of Senator during the most recent election cycle (in the case of a participating candidate for such office).
The Commission 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— a statement of the number of qualified grassroots contributions received by the candidate since the most recent payment made to the candidate under this title during the election cycle; a statement of the amount of the payment the candidate anticipates receiving with respect to the request; and such other information and assurances as the Commission may require.
A candidate may not submit a request under subsection
(a)unless each of the following applies: The number of individuals in the statement referred to in subsection (a)(1) is equal to or greater than 100, unless the request is submitted during the 30-day period which ends on the date of a general election. Of the number of individuals in the statement referred to in subsection (a)(1), at least 50 percent are residents of the Congressional district involved (in the case of a candidate for election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress) or the State involved (in the case of a candidate for election for the office of Senator). 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. The Commission shall make payments under this section not later than 2 business days after the receipt of a request submitted under subsection (a). A candidate shall include in the first request for payment submitted under subsection
(a)a statement specifying whether the candidate is a Tier 1 candidate or a Tier 2 candidate under this title. The Commission shall provide a written explanation with respect to any denial of a request for payment which is submitted under this section and shall provide for the opportunity for review and reconsideration within 5 business days of such denial. A candidate shall use payments made under this title only for making direct payments for the receipt of goods and services which constitute authorized expenditures in connection with the election cycle involved. If a candidate who is certified as a participating candidate under this title pays any person a commission on a per contribution basis for collecting qualified grassroots contributions, the amount paid by the candidate and the authorized committees of the candidate may not exceed 20% of the value of the qualified grassroots contributions the person collected. In this title, the term qualified grassroots contribution means, with respect to a candidate and the authorized committees of a candidate, a contribution that meets the following requirements: The contribution is in an amount that is— not less than the greater of $5 or the amount determined by the Commission under section 542(c)(2); and not more than the greater of $100 or the amount determined by the Commission under section 542(c)(2). The contribution is made by an individual who is not otherwise prohibited from making a contribution under this Act. The individual who makes the contribution has not made any contribution to the candidate or the authorized committees of the candidate during the election cycle involved that is not a qualified grassroots contribution. Any payment received by a candidate and the authorized committees of a candidate which is treated as a qualified grassroots Federal congressional campaign contribution under section 36B of the Internal Revenue Code of 1986 or which consists of a Grassroots Democracy Coupon under subtitle B of title I of the Grassroots Democracy Act of 2013 shall be considered a qualified grassroots 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). A contribution by an individual shall not be treated as a qualified grassroots contribution for purposes of this title if, at the time the individual makes the contribution, the individual notifies the recipient that the contribution is not to be treated as a qualified grassroots contribution. Any contribution which meets the requirements set forth in subsection
(a)shall be deemed a qualified grassroots contribution without regard to whether the individual making the contribution designates the contribution as a qualified grassroots contribution for purposes of this title. An individual who makes a qualified grassroots contribution to a candidate or the authorized committees of a candidate during an election cycle may not make any contribution to such candidate or the authorized committees of such candidate during the cycle which is not a qualified grassroots contribution. Nothing in this section may be construed to prohibit an individual from making multiple qualified grassroots contributions to any candidate or any number of candidates, so long as each contribution meets the requirements of this section. 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 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 grassroots contributions received. A statement that a contribution which meets the requirements set forth in subsection
(a)shall be treated as a qualified grassroots contribution under this title unless the contributor notifies the committee that the contribution is not to be so treated. A statement that if a contribution is treated as qualified grassroots 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 grassroots contribution. An authorized committee may meet the requirements of paragraph
(1)by modifying the information it provides to persons making contributions which is otherwise required under title III (including information it provides through the Internet). A candidate for the office of Senator or 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: During the election cycle for the office involved, the candidate files with the Commission a statement of intent to seek certification as a participating candidate, and specifies in the statement whether the candidate intends to seek certification as a Tier 1 candidate or a Tier 2 candidate. Each authorized committee of the candidate provides the information required under section 503(d) . The candidate meets the qualifying requirements of section 512. Not later than the last day of the Grassroots 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— has complied and, if certified, will comply with the contribution and expenditure requirements of section 521; 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 has either qualified or will take steps to qualify under State law to be on the ballot. 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. The term Grassroots Democracy qualifying period means, with respect to any candidate for an office, the 240-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 primary election; or in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot. A candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress meets the requirement of this section if, during the Grassroots Democracy qualifying period described in section 511(c), the candidate obtains the following: A single qualified grassroots contribution from not fewer than— in the case of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, 2,000 individuals, of whom not fewer than 50 percent shall be residents of the Congressional district the candidate seeks to represent; or in the case of a candidate for the office of Senator, a number of individuals equal to the sum of 2,000 plus an amount equal to the product of 500 and the number of Congressional districts in the State involved, of whom not fewer than 50 percent shall be residents of the State in which the candidate seeks election. A total dollar amount of qualified grassroots contributions equal to or greater than— in the case of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress, $50,000; or in the case of a candidate for the office of Senator, the sum of $200,000 plus an amount equal to the product of $25,000 and the number of Congressional districts in the State involved. Each qualified grassroots contribution— may be made by means of a personal check, money order, debit card, credit card, electronic payment account, or text message; 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 the contributor's address in the State in which the primary residence of the contributor is located, and an oath declaring that the contributor— understands that the purpose of the contribution is to show support for the candidate so that the candidate may qualify for Grassroots Democracy financing, is making the contribution in his or her own name and from his or her own funds, has made the contribution willingly, and has not received any thing of value in return for the contribution; and shall be acknowledged by a receipt that is sent to the contributor with a copy (in paper or electronic form) kept by the candidate for the Commission and a copy (in paper or electronic form) kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election. The Commission shall establish procedures for the auditing and verification of qualified grassroots contributions to ensure that such contributions meet the requirements of this section. No person may be paid a commission on a per contribution basis for collecting qualified grassroots contributions. Not later than 5 days after a candidate files an affidavit under section 511(a)(3), the Commission shall— determine whether or not the candidate meets the requirements for certification as a participating candidate; if the Commission determines that the candidate meets such requirements, certify the candidate as a participating Tier 1 candidate or a participating Tier 2 candidate; and notify the candidate of the Commission's determination. If the Commission certifies a candidate as a participating Tier 1 candidate or a participating Tier 2 candidate with respect to the first election of the election cycle involved, the Commissioner shall be deemed to have certified the candidate as such a participating candidate with respect to all subsequent elections of the election cycle. The Commission may revoke a certification under subsection
(a)if— 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); or a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission. If a candidate’s certification is revoked under paragraph (1)— the candidate shall repay to the Grassroots Democracy Fund established under section 541 an amount equal to the payments received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission) on any such amount received; the candidate may not receive payments under this title during the remainder of the election cycle involved; and the candidate may not be certified as a participating candidate under this title with respect to the next election cycle. If the Commission revokes the certification of an individual as a participating candidate under this title 3 times, the individual may not be certified as a participating candidate under this title with respect to any subsequent election. In this title, a participating candidate means a candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title. Except as provided in subsection (c), a participating candidate who is certified as a Tier 1 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: Qualified grassroots contributions. Payments under this title. Contributions from political committees established and maintained by a national or State political party. Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified grassroots contributions). Subject to subsection (e), contributions from individuals who are otherwise permitted to make contributions under this Act. Except as provided in subsection (c), a participating candidate who is certified as a Tier 2 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: Qualified grassroots contributions. Payments under this title. Contributions from political committees established and maintained by a national or State political party. Subject to subsection (b), personal funds of the candidate or of any immediate family member of the candidate (other than funds received through qualified grassroots contributions). 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— the amount used with respect to the election cycle does not exceed $50,000; and 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. In this subsection, the term immediate family means, with respect to a candidate— the candidate’s spouse; a child, stepchild, parent, grandparent, brother, half-brother, sister, or half-sister of the candidate or the candidate’s spouse; and the spouse of any person described in subparagraph (B). A candidate who has accepted contributions that are not described in paragraph
(1)of subsection
(a)(in the case of a Tier 1 candidate) or in paragraph
(2)of subsection
(a)(in the case of a Tier 2 candidate) prior to the date the candidate files a statement of intent under section 511(a)(1) is not in violation of subsection (a), but only if all such contributions are— returned to the contributor; submitted to the Commission for deposit in the Grassroots Democracy Fund established under section 541; or spent in accordance with paragraph (2). 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 grassroots contributions which the candidate is required to obtain) which is applicable to the candidate. Notwithstanding paragraph (1), unexpended contributions received by the candidate or the 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. 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). 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. With respect to an election cycle occurring after the first 3 election cycles for which this title is in effect, the amount of a contribution that may be accepted from an individual by a participating candidate who is certified as a Tier 1 candidate may not exceed the following: For the fourth election cycle for which this title is in effect, an amount equal to 60% of the limitation on the amount of a contribution which a candidate may accept from an individual for such cycle under section 315(a)(1). For the fifth election cycle for which this title is in effect, an amount equal to 40% of the limitation on the amount of a contribution which a candidate may accept from an individual for such cycle under section 315(a)(1). For the sixth election cycle for which this title is in effect and any subsequent election cycle, an amount equal to 20% of the limitation on the amount of a contribution which a candidate may accept from an individual for such cycle under section 315(a)(1). 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. 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. Each authorized committee of a candidate certified as a participating candidate under this title— shall establish a separate account for each type of contribution described in paragraph
(1)of section 521(a) (in the case of a Tier 1 candidate) or paragraph
(2)of section 521(a) (in the case of a Tier 2 candidate) which is received by the committee, and shall deposit each contribution in the account established for that type of contribution; and shall establish a separate account for the payments received under this title, and shall deposit each such payment in that account. In addition to any reports required under section 304, not later than 3 months after the end of the election cycle involved, each authorized committee of a candidate certified as a participating candidate under this title shall submit a report to the Commission on all disbursements made from each separate account established under subsection
(a)(in the same manner as the report required under section 304(b)(4)). Each authorized committee of a candidate 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. An authorized committee of a candidate certified as a participating candidate under this title may not make any expenditure of any payments received under this title in any amount unless the committee has made an expenditure in an equivalent amount of funds received by the committee which are described in— subparagraphs (C), (D), and
(E)of paragraph
(1)of section 521(a), in the case of a Tier 1 candidate; or subparagraphs
(C)and
(D)of paragraph
(2)of section 521(a), in the case of a Tier 2 candidate. Subsection
(a)applies to an authorized committee only to the extent that the funds referred to in paragraph
(1)of such subsection (in the case of a Tier 1 candidate) or in paragraph
(2)of such subsection (in the case of a Tier 2 candidate) are available to the committee at the time the committee makes an expenditure of a payment received under this title. Not later than the date that is 60 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission for deposit in the Grassroots Democracy Fund established under section 541 an amount equal to the balance of the accounts established by the authorized committees of the candidate under section 522 for the payments received under this title. Notwithstanding paragraph (1), a Tier 2 candidate may withhold not more than $50,000 from the amount required to be remitted under paragraph
(1)if the candidate files a signed affidavit with the Commission that the candidate will seek certification as a Tier 2 candidate with respect to the next election cycle. If the candidate fails to seek certification as a Tier 2 candidate prior to the last day of the Grassroots 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 Tier 2 candidate with respect to such cycle, the candidate shall immediately remit to the Commission the amount withheld. A candidate may withhold from the amount required to be remitted under subsection
(a)the amount of any authorized expenditures which were incurred in connection with the candidate’s campaign but which remain unpaid as of the deadline applicable to the candidate under such subsection, except that any amount withheld pursuant to this paragraph shall be remitted to the Commission not later than 120 days after the date of the election to which such subsection applies. A candidate may withhold an amount of an expenditure pursuant to paragraph
(1)only if the candidate submits documentation of the expenditure and the amount to the Commission not later than the deadline applicable to the candidate under subsection (a). In addition to the payments made under subtitle A, a candidate certified as a participating candidate under this title with respect to an election shall be entitled to a supplemental Grassroots Democracy People’s Fund payment from the Grassroots Democracy Fund each time during the election cycle that the Commission issues a determination under subsection
(b)that the outside speech threshold with respect to the election has been reached. For purposes of this section, the Commission shall issue a determination that the outside speech threshold with respect to an election is reached each time during the election cycle that the Commission determines that the amount disbursed for political activity with respect to the election exceeds— the House threshold, in the case of an election for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; or the Senate threshold, in the case of an election for the office of Senator. For purposes of subparagraph (A), in determining the amount disbursed for political activity with respect to an election, there shall be excluded— disbursements made by any authorized committee of a candidate; and disbursements made by a political committee of a national political party. In determining the amount disbursed for political activity with respect to an election under subparagraph (A), there shall be included any amount disbursed for a political advertisement described in subsection (c)(3). After the first time during the election cycle that the Commission issues a determination under paragraph
(1)that the outside speech threshold with respect to an election has been reached, any subsequent determination as to whether the threshold has been reached shall be made only on the basis of disbursements made after the most recent such determination issued by the Commission. For purposes of paragraph (1)(A), the House threshold with respect to an election is an amount equal to the product of the adjusted baseline amount under subparagraph
(B)and the number of candidates in the election. For purposes of subparagraph (A), the adjusted baseline amount with respect to an election is an amount equal to the product of $250,000 and an adjustment factor applied by the Commission to take into account the relative media-related costs of political activity in the Congressional district involved as compared to the average of such costs among all Congressional districts. For purposes of subparagraph (A), in determining the number of candidates in an election, there shall be excluded any candidate who is determined by the Commission to be a minor candidate, in accordance with such criteria as the Commission shall by regulation establish, taking into account the amount of funds raised and expended by the candidate, the candidate’s ability to qualify for the ballot, and such other factors as the Commission considers appropriate. For purposes of paragraph (1)(A), the Senate threshold with respect to an election is an amount equal to the product of the adjusted baseline amount under subparagraph
(B)and the number of candidates in the election. For purposes of subparagraph (A), the adjusted baseline amount with respect to an election is an amount equal to the product of— the sum of $250,000 plus the product of $100,000 and the number of Congressional districts in the State involved; and an adjustment factor applied by the Commission to take into account the relative media-related costs of political activity in the State involved as compared to the average of such costs among all States. For purposes of subparagraph (A), in determining the number of candidates in an election, there shall be excluded any candidate who is determined by the Commission to be a minor candidate, in accordance with such criteria as the Commission shall by regulation establish, taking into account the amount of funds raised and expended by the candidate, the candidate’s ability to qualify for the ballot, and such other factors as the Commission considers appropriate. In this section, political activity means, with respect to an election, any of the following: A publicly disseminated communication consisting of an independent expenditure (as defined in section 301(17)) which advocates the election or defeat of a candidate in the election. A publicly disseminated communication consisting of an electioneering communication (as defined in section 304(f)) which refers to a candidate in the election. A publicly disseminated communication consisting of a communication which refers to the political party of a candidate in the election and which would be treated as an electioneering communication (as defined in section 304(f)) if it referred to a clearly identified candidate for Federal office. Voter registration, voter identification, get-out-the-vote, and other related activity carried out in connection with the election. The amount of the supplemental Grassroots Democracy People’s Fund payment made to a candidate under this subtitle shall be equal to 100 percent of the aggregate amount of qualified grassroots donations received by the candidate, as reported in the most recent request for a payment under this title which has been submitted by the candidate under section 502 at the time the Commission issues a determination under section 541(b). A candidate shall use the supplemental payment under this subtitle only for authorized expenditures in connection with the election cycle involved. If any provision of this subtitle, or the application of a provision of this subtitle to any person or circumstance, is held to be unconstitutional, the remainder of this title, and the application of the provisions to any person or circumstance, shall not be affected by the holding. There is established in the Treasury a fund to be known as the Grassroots Democracy Fund . The Fund shall consist of the following amounts: Amounts appropriated to the Fund, including trust fund amounts appropriated pursuant to applicable provisions of the Internal Revenue Code of 1986. Voluntary contributions to the Fund. Amounts deposited into the Fund under— section 6098 of the Internal Revenue Code of 1986 (relating to contributions to Grassroots Democracy Fund); section 521(c) (relating to exceptions to contribution requirements); section 523 (relating to remittance of unused payments from the Fund); section 544 (relating to violations); and any other section of this Act. Interest on, and the proceeds from, the sale or redemption of, any obligations held by the Fund under subsection (c). The Commission shall invest portions of the Fund in obligations of the United States in the same manner as provided under section 9602(b) of the Internal Revenue Code of 1986. The sums in the Fund shall be used to make payments to participating candidates as provided in this title. Under regulations established by the Commission, rules similar to the rules of section 9006(c) of the Internal Revenue Code of 1986 shall apply. There is established within the Federal Election Commission an entity to be known as the Grassroots Democracy Advisory Commission (in this title referred to as the Advisory Commission ). The Advisory Commission shall be composed of 5 members appointed by the President with the advice and consent of the Senate, of whom— 2 shall be appointed after consultation with the Majority Leader of the House of Representatives; 2 shall be appointed after consultation with the Minority Leader of the House of Representatives; and 1 shall be appointed upon the recommendation of the members appointed under subparagraphs
(A)and (B). The members shall be individuals who by reason of their education, experience, and attainments, are exceptionally qualified to perform the duties of members of the Advisory Commission. No member of the Advisory Commission may be— an employee of the Federal Government; a registered lobbyist or an individual who was a registered lobbyist at any time during the 2-year period preceding appointment to the Advisory Commission; or an officer or employee of a political party or political campaign. Members of the Advisory Commission shall be appointed not later than 60 days after the date of the enactment of this Act. A member of the Advisory Commission shall be appointed for a term of 5 years. A vacancy on the Advisory Commission shall be filled not later than 30 calendar days after the date on which the Advisory Commission is given notice of the vacancy, in the same manner as the original appointment. The individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual’s predecessor was appointed. The Advisory Commission shall designate a Chairperson from among the members of the Board. The Advisory Commission shall have such duties and powers as the Commission may prescribe, including the power to administer the provisions of this title. After each regularly scheduled general election for Federal office, the Advisory Commission shall conduct a comprehensive review of the Grassroots Democracy financing program under this title, including— the maximum and minimum dollar amounts of qualified grassroots contributions under section 504; the number and value of qualified grassroots contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate; the maximum amount of payments a candidate may receive under this title; the overall satisfaction of participating candidates and the American public with the program; and such other matters relating to financing of campaigns as the Advisory Commission determines are appropriate. In conducting the review under subparagraph (A), the Advisory Commission shall consider the following: The Advisory Commission shall consider whether the number and dollar amounts of qualified grassroots contributions required strikes a balance regarding the importance of voter involvement, the need to assure adequate incentives for participating, and fiscal responsibility, taking into consideration the number of primary and general election participating candidates, the electoral performance of those candidates, program cost, and any other information the Advisory Commission determines is appropriate. The Advisory Commission shall consider whether the totality of the amount of funds allowed to be raised by participating candidates (including through qualified grassroots contributions) and payments under this title are sufficient for voters in each State to learn about the candidates to cast an informed vote, taking into account the historic amount of spending by winning candidates, media costs, primary election dates, and any other information the Advisory Commission determines is appropriate. Based on the review conducted under subparagraph (A), the Advisory Commission shall provide for the adjustments of the following amounts: The maximum and minimum dollar amounts of qualified grassroots contributions under section 504. The number and value of qualified grassroots contributions a candidate is required to obtain under section 512(a) to be eligible for certification as a participating candidate. The maximum amount of payments may receive under this title. The Commission shall promulgate regulations providing for the adjustments made by the Advisory Commission under clause (i). After each regularly scheduled general election for Federal office, the Advisory Commission shall conduct a comprehensive review of the program for making supplemental Grassroots Democracy People’s Fund payments under subtitle D, and shall include in the review the following: A review of the outside speech threshold established under section 531(b), including the amounts used to determine the House threshold under paragraph
(3)of such section and the Senate threshold under paragraph
(4)of such section. The effectiveness of the adjustment factors applied by the Commission under section 531(b) to take into account the relative media-related costs of political activity in Congressional districts and States. The overall satisfaction of participating candidates and the American public with the Program. Such other matters relating to the making of payments under such subtitle as the Advisory Commission determines are appropriate. Not later than each June 1 which follows a regularly scheduled general election for Federal office for which payments were made under this title, the Advisory Commission shall submit a report to Congress on the review conducted under this paragraph. Such report shall contain a detailed statement of the findings, conclusions, and recommendations of the Advisory Commission based on such review. The Advisory Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Advisory Commission considers advisable to carry out the purposes of this Act. Three members of the Advisory Commission shall constitute a quorum for purposes of voting, but a quorum is not required for members to meet and hold hearings. Not later than each June 1 which follows a regularly scheduled general election for Federal office for which payments were made under this title, the Advisory Commission shall submit to the Committee on House Administration of the House of Representatives a report documenting, evaluating, and making recommendations relating to the administrative implementation and enforcement of the provisions of this title. Each member, other than the Chairperson, shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code. The Chairperson shall be paid at a rate equal to the daily equivalent of the minimum annual rate of basic pay prescribed for level III of the Executive Schedule under section 5314 of title 5, United States Code. The Advisory Commission shall have a staff headed by an Executive Director. The Executive Director shall be paid at a rate equivalent to a rate established for the Senior Executive Service under section 5382 of title 5, United States Code. With the approval of the Chairperson, the Executive Director may appoint such personnel as the Executive Director and the Advisory Commission determines to be appropriate. With the approval of the Chairperson, the Executive Director may procure temporary and intermittent services under section 3109(b) of title 5, United States Code. Upon the request of the Chairperson, the head of any Federal agency may detail, without reimbursement, any of the personnel of such agency to the Advisory Commission to assist in carrying out the duties of the Advisory Commission. Any such detail shall not interrupt or otherwise affect the civil service status or privileges of the Federal employee. The Advisory Commission shall have reasonable access to materials, resources, statistical data, and other information from the Library of Congress and other agencies of the executive and legislative branches of the Federal Government. The Chairperson of the Advisory Commission shall make requests for such access in writing when necessary. There are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle. The Commission shall prescribe regulations to carry out the purposes of this title, including regulations— to establish procedures for— verifying the amount of qualified grassroots contributions with respect to a candidate, effectively and efficiently monitoring and enforcing the limits on the raising of qualified grassroots contributions, effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates, and monitoring the use of allocations from the Grassroots Democracy Fund established under section 541 and matching contributions under this title through audits of not fewer than 1/10 (or, in the case of the first 3 election cycles during which the program under this title is in effect, not fewer than 1/3 ) of all participating candidates or other mechanisms; and regarding the conduct of debates in a manner consistent with the best practices of States that provide public financing for elections. 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 shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Grassroots Democracy Fund established under section 541. If the Commission determines that any payment made to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Fund an amount equal to— the amount of payments so used or not remitted, as appropriate; and interest on any such amounts (at a rate determined by the Commission). 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. 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). .
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Sec. 201
Benefits and eligibility requirements for candidates
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