[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8572 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 8572
To direct the Federal Election Commission to establish a program under
which participating States shall provide individuals with vouchers
which may be used to make contributions to candidates for election for
the office of Representative in, or Delegate or Resident Commissioner
to, the Congress, to amend the Federal Election Campaign Act of 1971 to
establish a program to provide small dollar financing for candidates
for election for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 24, 2024
Mr. Sarbanes (for himself, Mr. Neguse, Ms. Clarke of New York, and Ms.
Pingree) introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committees on
the Judiciary, and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To direct the Federal Election Commission to establish a program under
which participating States shall provide individuals with vouchers
which may be used to make contributions to candidates for election for
the office of Representative in, or Delegate or Resident Commissioner
to, the Congress, to amend the Federal Election Campaign Act of 1971 to
establish a program to provide small dollar financing for candidates
for election for the office of Representative in, or Delegate or
Resident Commissioner to, the Congress, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Government by the
People Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--MY VOICE VOUCHER PILOT PROGRAM
Sec. 101. Establishment of pilot program.
Sec. 102. Voucher program described.
Sec. 103. Reports.
Sec. 104. Definitions.
TITLE II--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
Sec. 201. Benefits and eligibility requirements for candidates.
``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``Sec. 501. Benefits for participating candidates.
``Sec. 502. Procedures for making payments.
``Sec. 503. Use of funds.
``Sec. 504. Qualified small dollar contributions described.
``Subtitle B--Eligibility and Certification
``Sec. 511. Eligibility.
``Sec. 512. Qualifying requirements.
``Sec. 513. Certification.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``Sec. 521. Contribution and expenditure requirements.
``Sec. 522. Administration of campaign.
``Sec. 523. Preventing unnecessary spending of public funds.
``Sec. 524. Remitting unspent funds after election.
``Subtitle D--Enhanced Match Support
``Sec. 531. Enhanced support for general election.
``Sec. 532. Eligibility.
``Sec. 533. Amount.
``Sec. 534. Waiver of authority to retain portion of unspent
funds after election.
``Subtitle E--Administrative Provisions
``Sec. 541. Freedom From Influence Fund.
``Sec. 542. 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. 202. Contributions and expenditures by multicandidate and
political party committees on behalf of
participating candidates.
Sec. 203. Prohibiting use of contributions by participating candidates
for purposes other than campaign for
election.
Sec. 204. Assessments against fines and penalties.
Sec. 205. Study and report on small dollar financing program.
Sec. 206. Effective date.
TITLE I--MY VOICE VOUCHER PILOT PROGRAM
SEC. 101. ESTABLISHMENT OF PILOT PROGRAM.
(a) Establishment.--The Federal Election Commission (hereafter in
this part referred to as the ``Commission'') shall establish a pilot
program under which the Commission shall select 3 eligible States to
operate a voucher pilot program which is described in section 102
during the program operation period.
(b) Eligibility of States.--A State is eligible to be selected to
operate a voucher pilot program under this part if, not later than 180
days after the beginning of the program application period, the State
submits to the Commission an application containing--
(1) information and assurances that the State will operate
a voucher program which contains the elements described in
section 102(a);
(2) information and assurances that the State will
establish fraud prevention mechanisms described in section
102(b);
(3) information and assurances that the State will
establish a commission to oversee and implement the program as
described in section 102(c);
(4) information and assurances that the State will carry
out a public information campaign as described in section
102(d);
(5) information and assurances that the State will submit
reports as required under section 103; and
(6) such other information and assurances as the Commission
may require.
(c) Selection of Participating States.--
(1) In general.--Not later than 1 year after the beginning
of the program application period, the Commission shall select
the 3 States which will operate voucher pilot programs under
this part.
(2) Criteria.--In selecting States for the operation of the
voucher pilot programs under this part, the Commission shall
apply such criteria and metrics as the Commission considers
appropriate to determine the ability of a State to operate the
program successfully, and shall attempt to select States in a
variety of geographic regions and with a variety of political
party preferences.
(3) No supermajority required for selection.--The selection
of States by the Commission under this subsection shall require
the approval of only half of the Members of the Commission.
(d) Duties of States During Program Preparation Period.--During the
program preparation period, each State selected to operate a voucher
pilot program under this part shall take such actions as may be
necessary to ensure that the State will be ready to operate the program
during the program operation period, and shall complete such actions
not later than 90 days before the beginning of the program operation
period.
(e) Termination.--Each voucher pilot program under this part shall
terminate as of the first day after the program operation period.
(f) Reimbursement of Costs.--
(1) Reimbursement.--Upon receiving the report submitted by
a State under section 103(a) with respect to an election cycle,
the Commission shall transmit a payment to the State in an
amount equal to the reasonable costs incurred by the State in
operating the voucher pilot program under this part during the
cycle.
(2) Source of funds.--Payments to States under the program
shall be made using amounts in the Freedom From Influence Fund
under section 541 of the Federal Election Campaign Act of 1971
(as added by section 201), hereafter referred to as the
``Fund''.
(3) Mandatory reduction of payments in case of insufficient
amounts in freedom from influence fund.--
(A) Advance audits by commission.--Not later than
90 days before the first day of each program operation
period, the Commission shall--
(i) audit the Fund to determine whether,
after first making payments to participating
candidates under title V of the Federal
Election Campaign Act of 1971 (as added by
section 201), the amounts remaining in the Fund
will be sufficient to make payments to States
under this part in the amounts provided under
this subsection; and
(ii) submit a report to Congress describing
the results of the audit.
(B) Reductions in amount of payments.--
(i) Automatic reduction on pro rata
basis.--If, on the basis of the audit described
in subparagraph (A), the Commission determines
that the amount anticipated to be available in
the Fund with respect to an election cycle
involved is not, or may not be, sufficient to
make payments to States under this part in the
full amount provided under this subsection, the
Commission shall reduce each amount which would
otherwise be paid to a State under this
subsection 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.
(ii) Restoration of reductions in case of
availability of sufficient funds during
election cycle.--If, after reducing the amounts
paid to States with respect to an election
cycle under clause (i), 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 State with respect to the
cycle in the amount by which such State's
payments were reduced under clause (i) (or any
portion thereof, as the case may be).
(iii) 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 States under
this part, moneys shall not be made available
from any other source for the purpose of making
such payments.
(4) Cap on amount of payment.--The aggregate amount of
payments made to any State with respect to any program
operation period may not exceed $10,000,000. If the State
determines that the maximum payment amount under this paragraph
with respect to the program operation period involved is not,
or may not be, sufficient to cover the reasonable costs
incurred by the State in operating the program under this part
for such period, the State shall reduce the amount of the
voucher provided to each qualified individual by such pro rata
amount as may be necessary to ensure that the reasonable costs
incurred by the State in operating the program will not exceed
the amount paid to the State with respect to such period.
SEC. 102. VOUCHER PROGRAM DESCRIBED.
(a) General Elements of Program.--
(1) Elements described.--The elements of a voucher pilot
program operated by a State under this part are as follows:
(A) The State shall provide each qualified
individual upon the individual's request with a voucher
worth $25 to be known as a ``My Voice Voucher'' during
the election cycle which will be assigned a routing
number and which at the option of the individual will
be provided in either paper or electronic form.
(B) Using the routing number assigned to the My
Voice Voucher, the individual may submit the My Voice
Voucher in either electronic or paper form to qualified
candidates for election for the office of
Representative in, or Delegate or Resident Commissioner
to, the Congress and allocate such portion of the value
of the My Voice Voucher in increments of $5 as the
individual may select to any such candidate.
(C) If the candidate transmits the My Voice Voucher
to the Commission, the Commission shall pay the
candidate the portion of the value of the My Voice
Voucher that the individual allocated to the candidate,
which shall be considered a contribution by the
individual to the candidate for purposes of the Federal
Election Campaign Act of 1971.
(2) Designation of qualified individuals.--For purposes of
paragraph (1)(A), a ``qualified individual'' with respect to a
State means an individual--
(A) who is a resident of the State;
(B) who will be of voting age as of the date of the
election for the candidate to whom the individual
submits a My Voice Voucher; and
(C) who is not prohibited under Federal law from
making contributions to candidates for election for
Federal office.
(3) Treatment as contribution to candidate.--For purposes
of the Federal Election Campaign Act of 1971, the submission of
a My Voice Voucher to a candidate by an individual shall be
treated as a contribution to the candidate by the individual in
the amount of the portion of the value of the Voucher that the
individual allocated to the candidate.
(b) Fraud Prevention Mechanism.--In addition to the elements
described in subsection (a), a State operating a voucher pilot program
under this part shall permit an individual to revoke a My Voice Voucher
not later than 2 days after submitting the My Voice Voucher to a
candidate.
(c) Oversight Commission.--In addition to the elements described in
subsection (a), a State operating a voucher pilot program under this
part shall establish a commission or designate an existing entity to
oversee and implement the program in the State, except that no such
commission or entity may be comprised of elected officials.
(d) Public Information Campaign.--In addition to the elements
described in subsection (a), a State operating a voucher pilot program
under this part shall carry out a public information campaign to
disseminate awareness of the program among qualified individuals.
SEC. 103. REPORTS.
(a) Preliminary Report.--Not later than 6 months after the first
election cycle of the program operation period, a State which operates
a voucher pilot program under this part shall submit a report to the
Commission analyzing the operation and effectiveness of the program
during the cycle and including such other information as the Commission
may require.
(b) Final Report.--Not later than 6 months after the end of the
program operation period, the State shall submit a final report to the
Commission analyzing the operation and effectiveness of the program and
including such other information as the Commission may require.
(c) Study and Report on Impact and Effectiveness of Voucher
Programs.--
(1) Study.--The Federal Election Commission shall conduct a
study on the efficacy of political voucher programs, including
the program under this part and other similar programs, in
expanding and diversifying the pool of individuals who
participate in the electoral process, including those who
participate as donors and those who participate as candidates.
(2) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commission shall publish and submit
to Congress a report on the study conducted under subsection
(a), and shall include in the report such recommendations as
the Commission considers appropriate which would enable
political voucher programs to be implemented on a national
scale.
SEC. 104. DEFINITIONS.
(a) Election Cycle.--In this part, the term ``election cycle''
means the period beginning on the day after the date of the most recent
regularly scheduled general election for Federal office and ending on
the date of the next regularly scheduled general election for Federal
office.
(b) Definitions Relating to Periods.--In this part, the following
definitions apply:
(1) Program application period.--The term ``program
application period'' means the first election cycle which
begins after the date of the enactment of this Act.
(2) Program preparation period.--The term ``program
preparation period'' means the first election cycle which
begins after the program application period.
(3) Program operation period.--The term ``program operation
period'' means the first 2 election cycles which begin after
the program preparation period.
TITLE II--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
SEC. 201. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR CANDIDATES.
The Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.)
is amended by adding at the end the following:
``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES.
``(a) In General.--If a candidate for election to the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress is certified as a participating candidate under this title
with respect to an election for such office, the candidate shall be
entitled to payments as provided under this title.
``(b) Amount of Payment.--The amount of a payment made under this
title shall be equal to 600 percent of the amount of qualified small