II 

117TH CONGRESS 

2D SESSION S. 5277 

To reform the financing of Senate elections, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 15, 2022 

Mr. DURBIN (for himself, Mr. MARKEY, Mr. MURPHY, Mr. SANDERS, Ms. 

KLOBUCHAR, Ms. SMITH, Mr. SCHATZ, and Ms. WARREN) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To reform the financing of Senate elections, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Fair Elections Now Act of 2022’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SMALL DONOR INCENTIVE PROGRAMS 

Sec. 101. Sense of the Senate regarding small donor incentive programs. 


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TITLE II—SMALL DOLLAR FINANCING OF SENATE ELECTION 

CAMPAIGNS 

Sec. 201. Eligibility requirements and benefits of fair elections financing of 

Senate election campaigns. 

Sec. 202. Prohibition on joint fundraising committees. 

Sec. 203. Exception to limitation on coordinated expenditures by political party 

committees with participating candidates. 

TITLE III—RESPONSIBILITIES OF THE FEDERAL ELECTION 

COMMISSION 

Sec. 301. Petition for certiorari. 

Sec. 302. Electronic filing of FEC reports. 

TITLE IV—REVENUE PROVISIONS 

Sec. 401. Freedom From Influence Fund revenue. 

TITLE V—MISCELLANEOUS PROVISIONS 

Sec. 501. Severability. 

Sec. 502. Effective date. 

1 TITLE I—SMALL DONOR 

2 INCENTIVE PROGRAMS 

3 SEC. 101. SENSE OF THE SENATE REGARDING SMALL 

4 DONOR INCENTIVE PROGRAMS. 

5 It is the sense of the Senate that Congress should 

6 take steps to allow more Americans to fully participate 

7 in our democracy through authorizing publicly financed 

8 small donor incentive programs, including small-dollar 

9 voucher programs that broaden and diversify the number 

10 of Americans who are able to have their voice heard in 

11 the marketplace of ideas. 


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1 TITLE II—SMALL DOLLAR FI2 NANCING OF SENATE ELEC3 TION CAMPAIGNS 

4 SEC. 201. ELIGIBILITY REQUIREMENTS AND BENEFITS OF 

5 FAIR ELECTIONS FINANCING OF SENATE 

6 ELECTION CAMPAIGNS. 

7 The Federal Election Campaign Act of 1971 (52 

8 U.S.C. 30101 et seq.) is amended by adding at the end 

9 the following: 

10 ‘‘TITLE V—FAIR ELECTIONS FI11 NANCING OF SENATE ELEC12 TION CAMPAIGNS 

13 ‘‘Subtitle A—General Provisions 

14 ‘‘SEC. 501. DEFINITIONS. 

15 ‘‘In this title: 

16 ‘‘(1) ALLOCATION FROM THE FUND.—The term 

17 ‘allocation from the Fund’ means an allocation of 

18 money from the Freedom From Influence Fund to 

19 a participating candidate pursuant to section 522. 

20 ‘‘(2) COMMISSION.—The term ‘Commission’ 

21 means the Federal Election Commission. 

22 ‘‘(3) ENHANCED MATCHING CONTRIBUTION.— 

23 The term ‘enhanced matching contribution’ means 

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1 ticipating candidate for qualified small dollar con2 tributions, as provided under section 524. 

3 ‘‘(4) ENHANCED SUPPORT QUALIFYING PE4 RIOD.—The term ‘enhanced support qualifying pe5 riod’ means, with respect to a general election, the 

6 period which begins 60 days before the date of the 

7 election and ends 14 days before the date of the 

8 election. 

9 ‘‘(5) FAIR ELECTIONS QUALIFYING PERIOD.— 

10 The term ‘Fair Elections qualifying period’ means, 

11 with respect to any candidate for Senator, the pe12 riod— 

13 ‘‘(A) beginning on the date on which the 

14 candidate files a statement of intent under sec15 tion 511(a)(1); and 

16 ‘‘(B) ending on the date that is 30 days 

17 before— 

18 ‘‘(i) the date of the primary election; 

19 or 

20 ‘‘(ii) in the case of a State that does 

21 not hold a primary election, the date pre22 scribed by State law as the last day to 

23 qualify for a position on the general elec24 tion ballot. 


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1 ‘‘(6) FAIR ELECTIONS START DATE.—The term 

2 ‘Fair Elections start date’ means, with respect to 

3 any candidate, the date that is 180 days before— 

4 ‘‘(A) the date of the primary election; or 

5 ‘‘(B) in the case of a State that does not 

6 hold a primary election, the date prescribed by 

7 State law as the last day to qualify for a posi8 tion on the general election ballot. 

9 ‘‘(7) FUND.—The term ‘Fund’ means the Free10 dom From Influence Fund established by section 

11 502. 

12 ‘‘(8) IMMEDIATE FAMILY.—The term ‘imme13 diate family’ means, with respect to any candidate— 

14 ‘‘(A) the candidate’s spouse; 

15 ‘‘(B) a child, stepchild, parent, grand16 parent, brother, half-brother, sister, or half-sis17 ter of the candidate or the candidate’s spouse; 

18 and 

19 ‘‘(C) the spouse of any person described in 

20 subparagraph (B). 

21 ‘‘(9) MATCHING CONTRIBUTION.—The term 

22 ‘matching contribution’ means a matching payment 

23 provided to a participating candidate for qualified 

24 small dollar contributions, as provided under section 

25 523. 


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1 ‘‘(10) NONPARTICIPATING CANDIDATE.—The 

2 term ‘nonparticipating candidate’ means a candidate 

3 for Senator who is not a participating candidate. 

4 ‘‘(11) PARTICIPATING CANDIDATE.—The term 

5 ‘participating candidate’ means a candidate for Sen6 ator who is certified under section 514 as being eli7 gible to receive an allocation from the Fund. 

8 ‘‘(12) QUALIFYING CONTRIBUTION.—The term 

9 ‘qualifying contribution’ means, with respect to a 

10 candidate, a contribution that— 

11 ‘‘(A) is in an amount that is— 

12 ‘‘(i) not less than $5; and 

13 ‘‘(ii) not more than $200; 

14 ‘‘(B) is made by an individual who is not 

15 otherwise prohibited from making a contribu16 tion under this Act; 

17 ‘‘(C) is made during the Fair Elections 

18 qualifying period; and 

19 ‘‘(D) meets the requirements of section 

20 512(b). 

21 ‘‘(13) QUALIFIED SMALL DOLLAR CONTRIBU22 TION.—The term ‘qualified small dollar contribution’ 

23 means, with respect to a candidate, any contribution 

24 (or series of contributions)— 


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1 ‘‘(A) which is not a qualifying contribution 

2 (or does not include a qualifying contribution); 

3 ‘‘(B) which is made by an individual who 

4 is not prohibited from making a contribution 

5 under this Act; and 

6 ‘‘(C) the aggregate amount of which does 

7 not exceed $200 per election. 

8 ‘‘(14) QUALIFYING MULTICANDIDATE POLIT9 ICAL COMMITTEE CONTRIBUTION.— 

10 ‘‘(A) IN GENERAL.—The term ‘qualifying 

11 multicandidate political committee contribution’ 

12 means any contribution to a candidate that is 

13 made from a qualified account of a multi14 candidate political committee (within the mean15 ing of section 315(a)(2)). 

16 ‘‘(B) QUALIFIED ACCOUNT.—For purposes 

17 of subparagraph (A), the term ‘qualified ac18 count’ means, with respect to a multicandidate 

19 political committee, a separate, segregated ac20 count of the committee that consists solely of 

21 contributions which meet the following require22 ments: 

23 ‘‘(i) All contributions to such account 

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1 hibited from making contributions under 

2 this Act. 

3 ‘‘(ii) The aggregate amount of con4 tributions from each individual to such ac5 count and all other accounts of the polit6 ical committee do not exceed the amount 

7 described in paragraph (13)(C). 

8 ‘‘SEC. 502. FREEDOM FROM INFLUENCE FUND. 

9 ‘‘(a) ESTABLISHMENT.—There is established in the 

10 Treasury a fund to be known as the ‘Freedom from Influ11 ence Fund’. 

12 ‘‘(b) AMOUNTS HELD BY FUND.—The Fund shall 

13 consist of the following amounts: 

14 ‘‘(1) APPROPRIATED AMOUNTS.— 

15 ‘‘(A) IN GENERAL.—Amounts appropriated 

16 to the Fund. 

17 ‘‘(B) SENSE OF THE SENATE REGARDING

18 APPROPRIATIONS.—It is the sense of the Senate 

19 that— 

20 ‘‘(i) there should be imposed on any 

21 payment made to any person (other than a 

22 State or local government or a foreign na23 tion) who has a contract with the Govern24 ment of the United States in excess of 

25 $10,000,000 a tax equal to 0.50 percent of 


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1 amount paid pursuant to each contract, ex2 cept that the aggregate tax on each con3 tract for any taxable year shall not exceed 

4 $500,000; and 

5 ‘‘(ii) the revenue from such tax should 

6 be appropriated to the Fund. 

7 ‘‘(2) VOLUNTARY CONTRIBUTIONS.—Voluntary 

8 contributions to the Fund. 

9 ‘‘(3) OTHER DEPOSITS.—Amounts deposited 

10 into the Fund under— 

11 ‘‘(A) section 513(c) (relating to exceptions 

12 to contribution requirements); 

13 ‘‘(B) section 521(c) (relating to remittance 

14 of allocations from the Fund); 

15 ‘‘(C) section 532 (relating to violations); 

16 and 

17 ‘‘(D) any other section of this Act. 

18 ‘‘(4) INVESTMENT RETURNS.—Interest on, and 

19 the proceeds from, the sale or redemption of, any 

20 obligations held by the Fund under subsection (c). 

21 ‘‘(c) INVESTMENT.—The Commission shall invest 

22 portions of the Fund in obligations of the United States 

23 in the same manner as provided under section 9602(b) 

24 of the Internal Revenue Code of 1986. 

25 ‘‘(d) USE OF FUND.— 


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1 ‘‘(1) IN GENERAL.—The sums in the Fund 

2 shall be used to provide benefits to participating 

3 candidates as provided in subtitle C. 

4 ‘‘(2) INSUFFICIENT AMOUNTS.—Under regula5 tions established by the Commission, rules similar to 

6 the rules of section 9006(c) of the Internal Revenue 

7 Code shall apply. 

8 ‘‘Subtitle B—Eligibility and 

9 Certification 

10 ‘‘SEC. 511. ELIGIBILITY. 

11 ‘‘(a) IN GENERAL.—A candidate for Senator is eligi12 ble to receive an allocation from the Fund for any election 

13 if the candidate meets the following requirements: 

14 ‘‘(1) The candidate files with the Commission a 

15 statement of intent to seek certification as a partici16 pating candidate under this title during the period 

17 beginning on the Fair Elections start date and end18 ing on the last day of the Fair Elections qualifying 

19 period. 

20 ‘‘(2) The candidate meets the qualifying con21 tribution requirements of section 512. 

22 ‘‘(3) The candidate files with the Commission a 

23 statement certifying that the authorized committees 

24 of the candidate meet the requirements of section 

25 513(d)(2). 


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1 ‘‘(4) Not later than the last day of the Fair 

2 Elections qualifying period, the candidate files with 

3 the Commission an affidavit signed by the candidate 

4 and the treasurer of the candidate’s principal cam5 paign committee declaring that the candidate— 

6 ‘‘(A) has complied and, if certified, will 

7 comply with the contribution and expenditure 

8 requirements of section 513; 

9 ‘‘(B) if certified, will not run as a non10 participating candidate during such year in any 

11 election for the office that such candidate is 

12 seeking; and 

13 ‘‘(C) has either qualified or will take steps 

14 to qualify under State law to be on the ballot. 

15 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub16 section (a), a candidate shall not be eligible to receive an 

17 allocation from the Fund for a general election or a gen18 eral runoff election unless the candidate’s party nominated 

19 the candidate to be placed on the ballot for the general 

20 election or the candidate otherwise qualified to be on the 

21 ballot under State law. 

22 ‘‘SEC. 512. QUALIFYING CONTRIBUTION REQUIREMENT. 

23 ‘‘(a) IN GENERAL.—A candidate for Senator meets 

24 the requirement of this section if, during the Fair Elec25 tions qualifying period, the candidate obtains— 


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1 ‘‘(1) a number of qualifying contributions equal 

2 to the sum of— 

3 ‘‘(A) 2,000; plus 

4 ‘‘(B) 500 for each congressional district in 

5 the State with respect to which the candidate is 

6 seeking election; and 

7 ‘‘(2) a total dollar amount of qualifying con8 tributions equal to 10 percent of the amount of the 

9 allocation such candidate would be entitled to receive 

10 for the primary election under section 522(c)(1) (de11 termined without regard to paragraph (5) thereof) if 

12 such candidate were a participating candidate. 

13 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

14 QUALIFYING CONTRIBUTION.—Each qualifying contribu15 tion— 

16 ‘‘(1) may be made by means of a personal 

17 check, money order, debit card, credit card, or elec18 tronic payment account; 

19 ‘‘(2) shall be accompanied by a signed state20 ment containing the contributor’s name and the con21 tributor’s address in the State in which the contrib22 utor is registered to vote; and 

23 ‘‘(3) shall be acknowledged by a receipt that is 

24 sent to the contributor with a copy kept by the can25 didate for the Commission and a copy kept by the 


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1 candidate for the election authorities in the State 

2 with respect to which the candidate is seeking elec3 tion. 

4 ‘‘(c) VERIFICATION OF QUALIFYING CONTRIBU5 TIONS.—The Commission shall establish procedures for 

6 the auditing and verification of qualifying contributions to 

7 ensure that such contributions meet the requirements of 

8 this section. 

9 ‘‘SEC. 513. CONTRIBUTION AND EXPENDITURE REQUIRE10 MENTS. 

11 ‘‘(a) GENERAL RULE.—A candidate for Senator 

12 meets the requirements of this section if, during the elec13 tion cycle of the candidate, the candidate— 

14 ‘‘(1) except as provided in subsection (b), ac15 cepts no contributions other than— 

16 ‘‘(A) qualifying contributions; 

17 ‘‘(B) qualified small dollar contributions; 

18 ‘‘(C) qualifying multicandidate political 

19 committee contributions; 

20 ‘‘(D) allocations from the Fund under sec21 tion 522; 

22 ‘‘(E) matching contributions under section 

23 523; 

24 ‘‘(F) enhanced matching contributions 

25 under section 524; 


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1 ‘‘(G) vouchers provided to the candidate 

2 under section 525; 

3 ‘‘(H) subject to subsection (c), personal 

4 funds of the candidate or of any immediate 

5 family member of the candidate (other than 

6 funds received through qualified small dollar 

7 contributions); and 

8 ‘‘(I) subject to subsection (d), contribu9 tions from individuals who are otherwise per10 mitted to make contributions under this Act, 

11 subject to the applicable limitations of section 

12 315, except that the aggregate amount of con13 tributions a participating candidate may accept 

14 from any individual with respect to any election 

15 during the election cycle may not exceed 

16 $1,000; and 

17 ‘‘(2) makes no expenditures from any amounts 

18 other than from— 

19 ‘‘(A) qualifying contributions; 

20 ‘‘(B) qualified small dollar contributions; 

21 ‘‘(C) qualifying multicandidate political 

22 committee contributions; 

23 ‘‘(D) allocations from the Fund under sec24 tion 522; 


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1 ‘‘(E) matching contributions under section 

2 523; 

3 ‘‘(F) enhanced matching contributions 

4 under section 524; 

5 ‘‘(G) vouchers provided to the candidate 

6 under section 525; 

7 ‘‘(H) subject to subsection (c), personal 

8 funds of the candidate or of any immediate 

9 family member of the candidate (other than 

10 funds received through qualified small dollar 

11 contributions); and 

12 ‘‘(I) subject to subsection (d), contribu13 tions from individuals who are otherwise per14 mitted to make contributions under this Act, 

15 subject to the applicable limitations of section 

16 315, except that the aggregate amount of con17 tributions a participating candidate may accept 

18 from any individual with respect to any election 

19 during the election cycle may not exceed 

20 $1,000. 

21 For purposes of this subsection, a payment made by a po22 litical party in coordination with a participating candidate 

23 shall not be treated as a contribution to or as an expendi24 ture made by the participating candidate. 


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1 ‘‘(b) CONTRIBUTIONS FOR LEADERSHIP PACS, 

2 ETC.—A political committee of a participating candidate 

3 which is not an authorized committee of such candidate 

4 may accept contributions other than contributions de5 scribed in subsection (a)(1) from any person if— 

6 ‘‘(1) the aggregate contributions from such per7 son for any calendar year do not exceed $200; and 

8 ‘‘(2) no portion of such contributions is dis9 bursed in connection with the campaign of the par10 ticipating candidate. 

11 ‘‘(c) SPECIAL RULES FOR PERSONAL FUNDS.—A 

12 candidate who is certified as a participating candidate may 

13 use personal funds (including personal funds of any imme14 diate family member of the candidate) so long as— 

15 ‘‘(1) the aggregate amount used with respect to 

16 the election cycle (including any period of the cycle 

17 occurring prior to the candidate’s certification as a 

18 participating candidate) does not exceed $50,000; 

19 and 

20 ‘‘(2) the funds are used only for making direct 

21 payments for the receipt of goods and services which 

22 constitute authorized expenditures in connection 

23 with the election cycle involved. 

24 ‘‘(d) REQUIREMENTS RELATING TO SUBSEQUENT

25 CONTRIBUTIONS AND NOTIFICATION REQUIREMENTS.— 


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1 ‘‘(1) RESTRICTION ON SUBSEQUENT CONTRIBU2 TIONS.— 

3 ‘‘(A) PROHIBITING DONOR FROM MAKING

4 SUBSEQUENT NONQUALIFIED CONTRIBUTIONS

5 DURING ELECTION CYCLE.—An individual who 

6 makes a qualified small dollar contribution to a 

7 candidate with respect to an election may not 

8 make any subsequent contribution to such can9 didate with respect to the election cycle which 

10 is not a qualified small dollar contribution. 

11 ‘‘(B) TREATMENT OF SUBSEQUENT NON12 QUALIFIED CONTRIBUTIONS.—If, notwith13 standing the prohibition described in subpara14 graph (A), an individual who makes a qualified 

15 small dollar contribution to a candidate with re16 spect to an election makes a subsequent con17 tribution to such candidate with respect to the 

18 election which is prohibited under subparagraph 

19 (A) because it is not a qualified small dollar 

20 contribution, the candidate may take one of the 

21 following actions: 

22 ‘‘(i) Not later than 2 weeks after re23 ceiving the contribution, the candidate may 

24 return the subsequent contribution to the 

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1 tribution which is not a qualified small dol2 lar contribution because the contribution 

3 fails to meet the requirements of para4 graph (13)(C) of section 501 (relating to 

5 the aggregate amount of qualified small 

6 dollar contributions that may be made by 

7 an individual to a candidate), the can8 didate may return an amount equal to the 

9 difference between the amount of the sub10 sequent contribution and the amount de11 scribed in such paragraph. 

12 ‘‘(ii) The candidate may retain the 

13 subsequent contribution, so long as not 

14 later than 2 weeks after receiving the sub15 sequent contribution, the candidate remits 

16 to the Commission for deposit in the Free17 dom from Influence Fund established by 

18 section 502 an amount equal to any pay19 ments received by the candidate under this 

20 title which are attributable to the qualified 

21 small dollar contribution made by the indi22 vidual involved. 

23 ‘‘(C) NO EFFECT ON ABILITY TO MAKE

24 MULTIPLE CONTRIBUTIONS.—Nothing in this 

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1 dividual from making multiple qualified small 

2 dollar contributions to any candidate or any 

3 number of candidates, so long as each contribu4 tion meets the definition of a qualified small 

5 dollar contribution under section 501(13). 

6 ‘‘(2) NOTIFICATION REQUIREMENTS FOR CAN7 DIDATES.— 

8 ‘‘(A) NOTIFICATION.—Each authorized 

9 committee of a candidate who seeks to be a par10 ticipating candidate under this title shall pro11 vide the following information in any materials 

12 for the solicitation of contributions, including 

13 any internet site through which individuals may 

14 make contributions to the committee: 

15 ‘‘(i) A statement that if the candidate 

16 is certified as a participating candidate 

17 under this title, the candidate will receive 

18 matching payments in an amount which is 

19 based on the total amount of qualified 

20 small dollar contributions received. 

21 ‘‘(ii) A statement that a contribution 

22 which meets the definition of a qualified 

23 small dollar contribution under section 

24 501(13) shall be treated as a qualified 

25 small dollar contribution under this title. 


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1 ‘‘(iii) A statement that if a contribu2 tion is treated as qualified small dollar 

3 contribution under this title, the individual 

4 who makes the contribution may not make 

5 any contribution to the candidate or the 

6 authorized committees of the candidate 

7 during the election cycle which is not a 

8 qualified small dollar contribution. 

9 ‘‘(B) ALTERNATIVE METHODS OF MEETING

10 REQUIREMENTS.—An authorized committee 

11 may meet the requirements of subparagraph 

12 (A)— 

13 ‘‘(i) by including the information de14 scribed in paragraph (1) in the receipt pro15 vided under section 512(b)(3) to a person 

16 making a qualified small dollar contribu17 tion; or 

18 ‘‘(ii) by modifying the information it 

19 provides to persons making contributions 

20 which is otherwise required under title III 

21 (including information it provides through 

22 the internet). 

23 ‘‘(e) EXCEPTION.—Notwithstanding subsection (a), a 

24 candidate shall not be treated as having failed to meet 

25 the requirements of this section if any contributions that 


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1 are not qualified small dollar contributions, qualifying con2 tributions, qualifying multicandidate political committee 

3 contributions, or contributions that meet the requirements 

4 of subsection (b) and that are accepted before the date 

5 the candidate files a statement of intent under section 

6 511(a)(1) are— 

7 ‘‘(1) returned to the contributor; or 

8 ‘‘(2) submitted to the Commission for deposit in 

9 the Fund. 

10 ‘‘SEC. 514. CERTIFICATION. 

11 ‘‘(a) IN GENERAL.—Not later than 5 days after a 

12 candidate for Senator files an affidavit under section 

13 511(a)(4), the Commission shall— 

14 ‘‘(1) certify whether or not the candidate is a 

15 participating candidate; and 

16 ‘‘(2) notify the candidate of the Commission’s 

17 determination. 

18 ‘‘(b) REVOCATION OF CERTIFICATION.— 

19 ‘‘(1) IN GENERAL.—The Commission may re20 voke a certification under subsection (a) if— 

21 ‘‘(A) a candidate fails to qualify to appear 

22 on the ballot at any time after the date of cer23 tification; or 

24 ‘‘(B) a candidate otherwise fails to comply 

25 with the requirements of this title, including 


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1 any regulatory requirements prescribed by the 

2 Commission. 

3 ‘‘(2) REPAYMENT OF BENEFITS.—If certifi4 cation is revoked under paragraph (1), the candidate 

5 shall repay to the Fund an amount equal to the 

6 value of benefits received under this title plus inter7 est (at a rate determined by the Commission) on any 

8 such amount received. 

9 ‘‘Subtitle C—Benefits 

10 ‘‘SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES. 

11 ‘‘(a) IN GENERAL.—For each election with respect 

12 to which a candidate is certified as a participating can13 didate under section 514, such candidate shall be entitled 

14 to— 

15 ‘‘(1) an allocation from the Fund to make or 

16 obligate to make expenditures with respect to such 

17 election, as provided in section 522; 

18 ‘‘(2) matching contributions, as provided in sec19 tion 523; 

20 ‘‘(3) enhanced matching contributions, as pro21 vided in section 524; and 

22 ‘‘(4) for the general election, vouchers for 

23 broadcasts of political advertisements, as provided in 

24 section 525. 


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1 ‘‘(b) RESTRICTION ON USES OF ALLOCATIONS FROM

2 THE FUND.—Allocations from the Fund received by a par3 ticipating candidate under section 522, matching contribu4 tions under section 523, and enhanced matching contribu5 tions under section 524 may only be used for campaign6 related costs. 

7 ‘‘(c) REMITTING ALLOCATIONS FROM THE FUND.— 

8 ‘‘(1) IN GENERAL.—Not later than the date 

9 that is 180 days after an election in which the par10 ticipating candidate appeared on the ballot, such 

11 participating candidate shall remit to the Commis12 sion for deposit in the Fund an amount equal to the 

13 lesser of— 

14 ‘‘(A) the amount of money in the can15 didate’s campaign account; or 

16 ‘‘(B) the sum of the allocations from the 

17 Fund received by the candidate under section 

18 522, the matching contributions received by the 

19 candidate under section 523, and the enhanced 

20 matching contributions under section 524. 

21 ‘‘(2) EXCEPTIONS.— 

22 ‘‘(A) SUBSEQUENT ELECTION.—In the 

23 case of a candidate who qualifies to be on the 

24 ballot for a primary runoff election, a general 

25 election, or a general runoff election, the 


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1 amounts described in paragraph (1) may be re2 tained by the candidate and used in such subse3 quent election. 

4 ‘‘(B) CANDIDATE SEEKING CERTIFICATION

5 FOR NEXT ELECTION CYCLE.—Notwithstanding 

6 paragraph (1), a participating candidate may 

7 withhold not more than $100,000 from the 

8 amount required to be remitted under para9 graph (1) if the candidate files a signed affi10 davit with the Commission that the candidate 

11 will seek certification as a participating can12 didate with respect to the next election cycle, 

13 except that the candidate may not use any por14 tion of the amount withheld until the candidate 

15 is certified as a participating candidate with re16 spect to that next election cycle. If the can17 didate fails to seek certification as a partici18 pating candidate prior to the last day of the 

19 qualifying period for the next election cycle (as 

20 described in section 511), or if the Commission 

21 notifies the candidate of the Commission’s de22 termination that the candidate does not meet 

23 the requirements for certification as a partici24 pating candidate with respect to such cycle, the 


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1 candidate shall immediately remit to the Com2 mission the amount withheld. 

3 ‘‘SEC. 522. ALLOCATIONS FROM THE FUND. 

4 ‘‘(a) IN GENERAL.—The Commission shall make allo5 cations from the Fund under section 521(a)(1) to a par6 ticipating candidate— 

7 ‘‘(1) in the case of amounts provided under 

8 subsection (d)(1), after the date on which such can9 didate is certified as a participating candidate under 

10 section 514; 

11 ‘‘(2) in the case of a general election after— 

12 ‘‘(A) the date of the certification of the re13 sults of the primary election or the primary 

14 runoff election; or 

15 ‘‘(B) in any case in which there is no pri16 mary election, the date the candidate qualifies 

17 to be placed on the ballot; and 

18 ‘‘(3) in the case of a primary runoff election or 

19 a general runoff election, after the certification of 

20 the results of the primary election or the general 

21 election, as the case may be. 

22 ‘‘(b) METHOD OF PAYMENT.—The Commission shall 

23 distribute funds available to participating candidates 

24 under this section through the use of an electronic funds 

25 exchange or a debit card. 


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1 ‘‘(c) TIMING OF PAYMENT.—The Commission shall, 

2 in coordination with the Secretary of the Treasury, take 

3 such steps as may be necessary to ensure that the Sec4 retary is able to make payments under this section from 

5 the Treasury not later than 2 business days after date 

6 of the applicable certification as described in subsection 

7 (a). 

8 ‘‘(d) AMOUNTS.— 

9 ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL

10 ALLOCATION.—Except as provided in paragraph (5), 

11 the Commission shall make an allocation from the 

12 Fund for a primary election to a participating can13 didate in an amount equal to 67 percent of the base 

14 amount with respect to such participating candidate. 

15 ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA16 TION.—The Commission shall make an allocation 

17 from the Fund for a primary runoff election to a 

18 participating candidate in an amount equal to 25 

19 percent of the amount the participating candidate 

20 was eligible to receive under this section for the pri21 mary election. 

22 ‘‘(3) GENERAL ELECTION ALLOCATION.—Ex23 cept as provided in paragraph (5), the Commission 

24 shall make an allocation from the Fund for a gen25 eral election to a participating candidate in an 


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1 amount equal to the base amount with respect to 

2 such candidate. 

3 ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA4 TION.—The Commission shall make an allocation 

5 from the Fund for a general runoff election to a par6 ticipating candidate in an amount equal to 25 per7 cent of the base amount with respect to such can8 didate. 

9 ‘‘(5) UNCONTESTED ELECTIONS.— 

10 ‘‘(A) IN GENERAL.—In the case of a pri11 mary or general election that is an uncontested 

12 election, the Commission shall make an alloca13 tion from the Fund to a participating candidate 

14 for such election in an amount equal to 25 per15 cent of the allocation which such candidate 

16 would be entitled to under this section for such 

17 election if this paragraph did not apply. 

18 ‘‘(B) UNCONTESTED ELECTION DE19 FINED.—For purposes of this subparagraph, an 

20 election is uncontested if not more than 1 can21 didate has campaign funds (including payments 

22 from the Fund) in an amount equal to or great23 er than 10 percent of the allocation a partici24 pating candidate would be entitled to receive 


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1 under this section for such election if this para2 graph did not apply. 

3 ‘‘(e) BASE AMOUNT.— 

4 ‘‘(1) IN GENERAL.—Except as otherwise pro5 vided in this subsection, the base amount for any 

6 candidate is an amount equal to the sum of— 

7 ‘‘(A) $750,000; plus 

8 ‘‘(B) $150,000 for each congressional dis9 trict in the State with respect to which the can10 didate is seeking election. 

11 ‘‘(2) INDEXING.—In each even-numbered year 

12 after 2027— 

13 ‘‘(A) each dollar amount under paragraph 

14 (1) shall be increased by the percent difference 

15 between the price index (as defined in section 

16 315(c)(2)(A)) for the 12 months preceding the 

17 beginning of such calendar year and the price 

18 index for calendar year 2022; 

19 ‘‘(B) each dollar amount so increased shall 

20 remain in effect for the 2-year period beginning 

21 on the first day following the date of the last 

22 general election in the year preceding the year 

23 in which the amount is increased and ending on 

24 the date of the next general election; and 


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1 ‘‘(C) if any amount after adjustment under 

2 subparagraph (A) is not a multiple of $100, 

3 such amount shall be rounded to the nearest 

4 multiple of $100. 

5 ‘‘SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL 

6 DOLLAR CONTRIBUTIONS. 

7 ‘‘(a) IN GENERAL.—The Commission shall pay to 

8 each participating candidate an amount equal to 600 per9 cent of the amount of qualified small dollar contributions 

10 received by the candidate from individuals after the date 

11 on which such candidate is certified under section 514. 

12 ‘‘(b) LIMITATION.—The aggregate payments under 

13 subsection (a) with respect to any candidate shall not ex14 ceed 400 percent of the allocation such candidate is enti15 tled to receive for such election under section 522 (deter16 mined without regard to subsection (d)(5) thereof). 

17 ‘‘(c) TIME OF PAYMENT.—The Commission shall 

18 make payments under this section not later than 2 busi19 ness days after the receipt of a report made under sub20 section (d). 

21 ‘‘(d) REPORTS.— 

22 ‘‘(1) IN GENERAL.—Each participating can23 didate shall file reports of receipts of qualified small 

24 dollar contributions at such times and in such man25 ner as the Commission may by regulations prescribe. 


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1 ‘‘(2) CONTENTS OF REPORTS.—Each report 

2 under this subsection shall disclose— 

3 ‘‘(A) the amount of each qualified small 

4 dollar contribution received by the candidate; 

5 and 

6 ‘‘(B) the name, address, and occupation of 

7 each individual who made a qualified small dol8 lar contribution to the candidate. 

9 ‘‘(3) FREQUENCY OF REPORTS.—Reports under 

10 this subsection shall be made no more frequently 

11 than— 

12 ‘‘(A) once every month until the date that 

13 is 90 days before the date of the election; and 

14 ‘‘(B) once every week after the period de15 scribed in subparagraph (A) and until the date 

16 of the election. 

17 ‘‘(4) LIMITATION ON REGULATIONS.—The 

18 Commission may not prescribe any regulations with 

19 respect to reporting under this subsection with re20 spect to any election after the date that is 180 days 

21 before the date of such election. 

22 ‘‘(e) APPEALS.—The Commission shall provide a 

23 written explanation with respect to any denial of any pay24 ment under this section and shall provide the opportunity 


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1 for review and reconsideration within 5 business days of 

2 such denial. 

3 ‘‘SEC. 524. ENHANCED MATCHING SUPPORT. 

4 ‘‘(a) IN GENERAL.—In addition to the payments 

5 made under section 523, the Commission shall make an 

6 additional payment to an eligible candidate under this sec7 tion. 

8 ‘‘(b) ELIGIBILITY.—A candidate is eligible to receive 

9 an additional payment under this section if the candidate 

10 meets each of the following requirements: 

11 ‘‘(1) The candidate is on the ballot for the gen12 eral election for the office the candidate seeks. 

13 ‘‘(2) The candidate is certified as a partici14 pating candidate under this title with respect to the 

15 election. 

16 ‘‘(3) During the enhanced support qualifying 

17 period, the candidate receives qualified small dollar 

18 contributions in a total amount of not less than the 

19 sum of $15,000 for each congressional district in the 

20 State with respect to which the candidate is seeking 

21 election. 

22 ‘‘(4) During the enhanced support qualifying 

23 period, the candidate submits to the Commission a 

24 request for the payment which includes— 


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1 ‘‘(A) a statement of the number and 

2 amount of qualified small dollar contributions 

3 received by the candidate during the enhanced 

4 support qualifying period; 

5 ‘‘(B) a statement of the amount of the 

6 payment the candidate anticipates receiving 

7 with respect to the request; and 

8 ‘‘(C) such other information and assur9 ances as the Commission may require. 

10 ‘‘(5) After submitting a request for the addi11 tional payment under paragraph (4), the candidate 

12 does not submit any other application for an addi13 tional payment under this title. 

14 ‘‘(c) AMOUNT.— 

15 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

16 the amount of the additional payment made to an el17 igible candidate under this subtitle shall be an 

18 amount equal to 50 percent of— 

19 ‘‘(A) the amount of the payment made to 

20 the candidate under section 523 with respect to 

21 the qualified small dollar contributions which 

22 are received by the candidate during the en23 hanced support qualifying period (as included in 

24 the request submitted by the candidate under 

25 (b)(4)(A)); or 


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1 ‘‘(B) in the case of a candidate who is not 

2 eligible to receive a payment under section 523 

3 with respect to such qualified small dollar con4 tributions because the candidate has reached 

5 the limit on the aggregate amount of payments 

6 under section 523, the amount of the payment 

7 which would have been made to the candidate 

8 under section 523 with respect to such qualified 

9 small dollar contributions if the candidate had 

10 not reached such limit. 

11 ‘‘(2) LIMIT.—The amount of the additional 

12 payment determined under paragraph (1) with re13 spect to a candidate may not exceed the sum of 

14 $150,000 for each congressional district in the State 

15 with respect to which the candidate is seeking elec16 tion. 

17 ‘‘(3) NO EFFECT ON AGGREGATE LIMIT.—The 

18 amount of the additional payment made to a can19 didate under this section shall not be included in de20 termining the aggregate amount of payments made 

21 to a participating candidate with respect to an elec22 tion cycle under section 523. 

23 ‘‘SEC. 525. POLITICAL ADVERTISING VOUCHERS. 

24 ‘‘(a) IN GENERAL.—The Commission shall establish 

25 and administer a voucher program for the purchase of 


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1 airtime on broadcasting stations for political advertise2 ments in accordance with the provisions of this section. 

3 ‘‘(b) CANDIDATES.—The Commission shall only dis4 burse vouchers under the program established under sub5 section (a) to participants certified pursuant to section 

6 514 who have agreed in writing to keep and furnish to 

7 the Commission such records, books, and other informa8 tion as it may require. 

9 ‘‘(c) AMOUNTS.—The Commission shall disburse 

10 vouchers to each candidate certified under subsection (b) 

11 in an aggregate amount equal to $100,000 multiplied by 

12 the number of congressional districts in the State with re13 spect to which such candidate is running for office. 

14 ‘‘(d) USE.— 

15 ‘‘(1) EXCLUSIVE USE.—Vouchers disbursed by 

16 the Commission under this section may be used only 

17 for the purchase of broadcast airtime for political 

18 advertisements relating to a general election for the 

19 office of Senate by the participating candidate to 

20 which the vouchers were disbursed, except that— 

21 ‘‘(A) a candidate may exchange vouchers 

22 with a political party under paragraph (2); and 

23 ‘‘(B) a political party may use vouchers 

24 only to purchase broadcast airtime for political 

25 advertisements for generic party advertising (as 


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1 defined by the Commission in regulations), to 

2 support candidates for State or local office in a 

3 general election, or to support participating 

4 candidates of the party in a general election for 

5 Federal office, but only if it discloses the value 

6 of the voucher used as an expenditure under 

7 section 315(d). 

8 ‘‘(2) EXCHANGE WITH POLITICAL PARTY COM9 MITTEE.— 

10 ‘‘(A) IN GENERAL.—A participating can11 didate who receives a voucher under this section 

12 may transfer the right to use all or a portion 

13 of the value of the voucher to a committee of 

14 the political party of which the individual is a 

15 candidate (or, in the case of a participating 

16 candidate who is not a member of any political 

17 party, to a committee of the political party of 

18 that candidate’s choice) in exchange for money 

19 in an amount equal to the cash value of the 

20 voucher or portion exchanged. 

21 ‘‘(B) CONTINUATION OF CANDIDATE OBLI22 GATIONS.—The transfer of a voucher, in whole 

23 or in part, to a political party committee under 

24 this paragraph does not release the candidate 

25 from any obligation under the agreement made 


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1 under subsection (b) or otherwise modify that 

2 agreement or its application to that candidate. 

3 ‘‘(C) PARTY COMMITTEE OBLIGATIONS.— 

4 Any political party committee to which a vouch5 er or portion thereof is transferred under sub6 paragraph (A)— 

7 ‘‘(i) shall account fully, in accordance 

8 with such requirements as the Commission 

9 may establish, for the receipt of the vouch10 er; and 

11 ‘‘(ii) may not use the transferred 

12 voucher or portion thereof for any purpose 

13 other than a purpose described in para14 graph (1)(B). 

15 ‘‘(D) VOUCHER AS A CONTRIBUTION

16 UNDER FECA.—If a candidate transfers a 

17 voucher or any portion thereof to a political 

18 party committee under subparagraph (A)— 

19 ‘‘(i) the value of the voucher or por20 tion thereof transferred shall be treated as 

21 a contribution from the candidate to the 

22 committee, and from the committee to the 

23 candidate, for purposes of sections 302 

24 and 304; 


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1 ‘‘(ii) the committee may, in exchange, 

2 provide to the candidate only funds subject 

3 to the prohibitions, limitations, and report4 ing requirements of title III of this Act; 

5 and 

6 ‘‘(iii) the amount, if identified as a 

7 ‘voucher exchange’, shall not be considered 

8 a contribution for the purposes of sections 

9 315 and 513. 

10 ‘‘(e) VALUE; ACCEPTANCE; REDEMPTION.— 

11 ‘‘(1) VOUCHER.—Each voucher disbursed by 

12 the Commission under this section shall have a value 

13 in dollars, redeemable upon presentation to the 

14 Commission, together with such documentation and 

15 other information as the Commission may require, 

16 for the purchase of broadcast airtime for political 

17 advertisements in accordance with this section. 

18 ‘‘(2) ACCEPTANCE.—A broadcasting station 

19 shall accept vouchers in payment for the purchase of 

20 broadcast airtime for political advertisements in ac21 cordance with this section. 

22 ‘‘(3) REDEMPTION.—The Commission shall re23 deem vouchers accepted by broadcasting stations 

24 under paragraph (2) upon presentation, subject to 

25 such documentation, verification, accounting, and 


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1 application requirements as the Commission may im2 pose to ensure the accuracy and integrity of the 

3 voucher redemption system. 

4 ‘‘(4) EXPIRATION.— 

5 ‘‘(A) CANDIDATES.—A voucher may only 

6 be used to pay for broadcast airtime for polit7 ical advertisements to be broadcast before mid8 night on the day before the date of the Federal 

9 election in connection with which it was issued 

10 and shall be null and void for any other use or 

11 purpose. 

12 ‘‘(B) EXCEPTION FOR POLITICAL PARTY

13 COMMITTEES.—A voucher held by a political 

14 party committee may be used to pay for broad15 cast airtime for political advertisements to be 

16 broadcast before midnight on December 31st of 

17 the odd-numbered year following the year in 

18 which the voucher was issued by the Commis19 sion. 

20 ‘‘(5) VOUCHER AS EXPENDITURE UNDER

21 FECA.—The use of a voucher to purchase broadcast 

22 airtime constitutes an expenditure as defined in sec23 tion 301(9)(A). 

24 ‘‘(f) DEFINITIONS.—In this section: 


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1 ‘‘(1) BROADCASTING STATION.—The term 

2 ‘broadcasting station’ has the meaning given that 

3 term by section 315(f)(1) of the Communications 

4 Act of 1934. 

5 ‘‘(2) POLITICAL PARTY.—The term ‘political 

6 party’ means a major party or a minor party as de7 fined in section 9002 (3) or (4) of the Internal Rev8 enue Code of 1986 (26 U.S.C. 9002 (3) or (4)). 

9 ‘‘Subtitle D—Administrative 

10 Provisions 

11 ‘‘SEC. 531. DUTIES OF THE FEDERAL ELECTION COMMIS12 SION. 

13 ‘‘(a) DUTIES AND POWERS.— 

14 ‘‘(1) ADMINISTRATION.—The Commission shall 

15 have the power to administer the provisions of this 

16 title and shall prescribe regulations to carry out the 

17 purposes of this title, including regulations— 

18 ‘‘(A) to establish procedures for— 

19 ‘‘(i) verifying the amount of valid 

20 qualifying contributions with respect to a 

21 candidate; 

22 ‘‘(ii) effectively and efficiently moni23 toring and enforcing the limits on the rais24 ing of qualified small dollar contributions; 


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1 ‘‘(iii) monitoring the raising of quali2 fying multicandidate political committee 

3 contributions through effectively and effi4 ciently monitoring and enforcing the limits 

5 on individual contributions to qualified ac6 counts of multicandidate political commit7 tees; 

8 ‘‘(iv) effectively and efficiently moni9 toring and enforcing the limits on the use 

10 of personal funds by participating can11 didates; 

12 ‘‘(v) monitoring the use of allocations 

13 from the Fund and matching contributions 

14 under this title through audits or other 

15 mechanisms; and 

16 ‘‘(vi) the administration of the vouch17 er program under section 525; and 

18 ‘‘(B) regarding the conduct of debates in a 

19 manner consistent with the best practices of 

20 States that provide public financing for elec21 tions. 

22 ‘‘(2) REVIEW OF FAIR ELECTIONS FINANC23 ING.— 

24 ‘‘(A) IN GENERAL.—After each general 

25 election for Federal office, the Commission shall 


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1 conduct a comprehensive review of the Fair 

2 Elections financing program under this title, in3 cluding— 

4 ‘‘(i) the maximum dollar amount of 

5 qualified small dollar contributions under 

6 section 501(13); 

7 ‘‘(ii) the maximum and minimum dol8 lar amounts for qualifying contributions 

9 under section 501(12); 

10 ‘‘(iii) the number and value of quali11 fying contributions a candidate is required 

12 to obtain under section 512 to qualify for 

13 allocations from the Fund; 

14 ‘‘(iv) the amount of allocations from 

15 the Fund that candidates may receive 

16 under section 522; 

17 ‘‘(v) the maximum amount of match18 ing contributions a candidate may receive 

19 under section 523; 

20 ‘‘(vi) the maximum amount of en21 hanced matching contributions a candidate 

22 may receive under section 524; 

23 ‘‘(vii) the amount and usage of vouch24 ers under section 525; 


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1 ‘‘(viii) the overall satisfaction of par2 ticipating candidates and the American 

3 public with the program; and 

4 ‘‘(ix) such other matters relating to fi5 nancing of Senate campaigns as the Com6 mission determines are appropriate. 

7 ‘‘(B) CRITERIA FOR REVIEW.—In con8 ducting the review under subparagraph (A), the 

9 Commission shall consider the following: 

10 ‘‘(i) QUALIFYING CONTRIBUTIONS

11 AND QUALIFIED SMALL DOLLAR CON12 TRIBUTIONS.—The Commission shall con13 sider whether the number and dollar 

14 amount of qualifying contributions re15 quired and maximum dollar amount for 

16 such qualifying contributions and qualified 

17 small dollar contributions strikes a balance 

18 regarding the importance of voter involve19 ment, the need to assure adequate incen20 tives for participating, and fiscal responsi21 bility, taking into consideration the num22 ber of primary and general election partici23 pating candidates, the electoral perform24 ance of those candidates, program cost, 


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1 and any other information the Commission 

2 determines is appropriate. 

3 ‘‘(ii) REVIEW OF PROGRAM BENE4 FITS.—The Commission shall consider 

5 whether the totality of the amount of 

6 funds allowed to be raised by participating 

7 candidates (including through qualifying 

8 contributions and small dollar contribu9 tions), allocations from the Fund under 

10 section 522, matching contributions under 

11 section 523, enhanced matching contribu12 tions under section 524, and vouchers 

13 under section 525 are sufficient for voters 

14 in each State to learn about the candidates 

15 to cast an informed vote, taking into ac16 count the historic amount of spending by 

17 winning candidates, media costs, primary 

18 election dates, and any other information 

19 the Commission determines is appropriate. 

20 ‘‘(C) RECOMMENDATIONS FOR ADJUST21 MENT OF AMOUNTS.—Based on the review con22 ducted under subparagraph (A), the Commis23 sion shall make recommendations to Congress 

24 for any adjustment of the following amounts: 


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1 ‘‘(i) The maximum dollar amount of 

2 qualified small dollar contributions under 

3 section 501(13)(C). 

4 ‘‘(ii) The maximum and minimum dol5 lar amounts for qualifying contributions 

6 under section 501(12)(A). 

7 ‘‘(iii) The number and value of quali8 fying contributions a candidate is required 

9 to obtain under section 512(a)(1). 

10 ‘‘(iv) The base amount for candidates 

11 under section 522(d). 

12 ‘‘(v) The maximum amount of match13 ing contributions a candidate may receive 

14 under section 523(b). 

15 ‘‘(vi) The maximum amount of en16 hanced matching contributions a candidate 

17 may receive under section 524(c). 

18 ‘‘(vii) The dollar amount for vouchers 

19 under section 525(c). 

20 ‘‘(D) REPORT.—Not later than March 30 

21 following any general election for Federal office, 

22 the Commission shall submit a report to Con23 gress on the review conducted under subpara24 graph (A) and any recommendations developed 

25 under subparagraph (C). Such report shall conVerDate Sep 11 2014 15:51 Dec 29, 2022 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\S5277.IS S5277

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1 tain a detailed statement of the findings, con2 clusions, and recommendations of the Commis3 sion based on such review. 

4 ‘‘(b) REPORTS.—Not later than March 30, 2026, and 

5 every 2 years thereafter, the Commission shall submit to 

6 the Senate Committee on Rules and Administration a re7 port documenting, evaluating, and making recommenda8 tions relating to the administrative implementation and 

9 enforcement of the provisions of this title. 

10 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated such sums as are nec12 essary to carry out the purposes of this subtitle. 

13 ‘‘SEC. 532. VIOLATIONS AND PENALTIES. 

14 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU15 TION AND EXPENDITURE REQUIREMENTS.—If a can16 didate who has been certified as a participating candidate 

17 under section 514 accepts a contribution or makes an ex18 penditure that is prohibited under section 513, the Com19 mission shall assess a civil penalty against the candidate 

20 in an amount that is not more than 3 times the amount 

21 of the contribution or expenditure. Any amounts collected 

22 under this subsection shall be deposited into the Fund. 

23 ‘‘(b) REPAYMENT FOR IMPROPER USE OF FREEDOM

24 FROM INFLUENCE FUND.— 


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1 ‘‘(1) IN GENERAL.—If the Commission deter2 mines that any benefit made available to a partici3 pating candidate under this title was not used as 

4 provided for in this title or that a participating can5 didate has violated any of the dates for remission of 

6 funds contained in this title, the Commission shall 

7 so notify the candidate and the candidate shall pay 

8 to the Fund an amount equal to— 

9 ‘‘(A) the amount of benefits so used or not 

10 remitted, as appropriate; and 

11 ‘‘(B) interest on any such amounts (at a 

12 rate determined by the Commission). 

13 ‘‘(2) OTHER ACTION NOT PRECLUDED.—Any 

14 action by the Commission in accordance with this 

15 subsection shall not preclude enforcement pro16 ceedings by the Commission in accordance with sec17 tion 309(a), including a referral by the Commission 

18 to the Attorney General in the case of an apparent 

19 knowing and willful violation of this title.’’. 

20 SEC. 202. PROHIBITION ON JOINT FUNDRAISING COMMIT21 TEES. 

22 Section 302(e) of the Federal Election Campaign Act 

23 of 1971 (52 U.S.C. 30102(e)) is amended by adding at 

24 the end the following new paragraph: 


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1 ‘‘(6) No authorized committee of a participating 

2 candidate (as defined in section 501) may establish 

3 a joint fundraising committee with a political com4 mittee other than an authorized committee of a can5 didate.’’. 

6 SEC. 203. EXCEPTION TO LIMITATION ON COORDINATED 

7 EXPENDITURES BY POLITICAL PARTY COM8 MITTEES WITH PARTICIPATING CANDIDATES. 

9 Section 315(d) of the Federal Election Campaign Act 

10 of 1971 (52 U.S.C. 30116(d)) is amended— 

11 (1) in paragraph (3)(A), by striking ‘‘in the 

12 case of’’ and inserting ‘‘except as provided in para13 graph (6), in the case of’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(6)(A) The limitation under paragraph (3)(A) 

17 shall not apply with respect to any expenditure from 

18 a qualified political party-participating candidate co19 ordinated expenditure fund. 

20 ‘‘(B) In this paragraph, the term ‘qualified po21 litical party-participating candidate coordinated ex22 penditure fund’ means a fund established by the na23 tional committee of a political party, or a State com24 mittee of a political party, including any subordinate 

25 committee of a State committee, for purposes of 


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1 making expenditures in connection with the general 

2 election campaign of a candidate for election to the 

3 office of Senator who is a participating candidate (as 

4 defined in section 501), that only accepts qualified 

5 coordinated expenditure contributions. 

6 ‘‘(C) In this paragraph, the term ‘qualified co7 ordinated expenditure contribution’ means, with re8 spect to the general election campaign of a candidate 

9 for election to the office of Senator who is a partici10 pating candidate (as defined in section 501), any 

11 contribution (or series of contributions)— 

12 ‘‘(i) which is made by an individual who is 

13 not prohibited from making a contribution 

14 under this Act; and 

15 ‘‘(ii) the aggregate amount of which does 

16 not exceed $500 per election.’’. 

17 TITLE III—RESPONSIBILITIES 

18 OF THE FEDERAL ELECTION 

19 COMMISSION 

20 SEC. 301. PETITION FOR CERTIORARI. 

21 Section 307(a)(6) of the Federal Election Campaign 

22 Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in23 serting ‘‘(including a proceeding before the Supreme 

24 Court on certiorari)’’ after ‘‘appeal’’. 


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1 SEC. 302. ELECTRONIC FILING OF FEC REPORTS. 

2 Section 304(a)(11) of the Federal Election Campaign 

3 Act of 1971 (52 U.S.C. 30104(a)(11)) is amended— 

4 (1) in subparagraph (A), by striking ‘‘under 

5 this Act—’’ and all that follows and inserting 

6 ‘‘under this Act shall be required to maintain and 

7 file such designation, statement, or report in elec8 tronic form accessible by computers.’’; 

9 (2) in subparagraph (B), by striking ‘‘48 

10 hours’’ and all that follows through ‘‘filed electroni11 cally)’’ and inserting ‘‘24 hours’’; and 

12 (3) by striking subparagraph (D). 

13 TITLE IV—REVENUE 

14 PROVISIONS 

15 SEC. 401. FREEDOM FROM INFLUENCE FUND REVENUE. 

16 (a) IN GENERAL.—The Internal Revenue Code of 

17 1986 is amended by inserting after chapter 36 the fol18 lowing new chapter: 

19 ‘‘CHAPTER 37—TAX ON PAYMENTS PURSU20 ANT TO CERTAIN GOVERNMENT CON21 TRACTS 

‘‘Sec. 4501. Imposition of tax. 

22 ‘‘SEC. 4501. IMPOSITION OF TAX. 

23 ‘‘(a) TAX IMPOSED.—There is hereby imposed on any 

24 payment made to a qualified person pursuant to a contract 


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1 with the Government of the United States a tax equal to 

2 0.50 percent of the amount paid. 

3 ‘‘(b) LIMITATION.—The aggregate amount of tax im4 posed per contract under subsection (a) for any calendar 

5 year shall not exceed $500,000. 

6 ‘‘(c) QUALIFIED PERSON.—For purposes of this sec7 tion, the term ‘qualified person’ means any person 

8 which— 

9 ‘‘(1) is not a State or local government, a for10 eign nation, or an organization described in section 

11 501(c)(3) which is exempt from taxation under sec12 tion 501(a), and 

13 ‘‘(2) has a contract with the Government of the 

14 United States with a value in excess of $10,000,000. 

15 ‘‘(d) PAYMENT OF TAX.—The tax imposed by this 

16 section shall be paid by the person receiving such payment. 

17 ‘‘(e) USE OF REVENUE GENERATED BY TAX.—It is 

18 the sense of the Senate that amounts equivalent to the 

19 revenue generated by the tax imposed under this chapter 

20 should be appropriated for the financing of a Freedom 

21 From Influence Fund and used for the public financing 

22 of Senate elections.’’. 

23 (b) CONFORMING AMENDMENT.—The table of chap24 ters of the Internal Revenue Code of 1986 is amended by 


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1 inserting after the item relating to chapter 36 the fol2 lowing: 

‘‘CHAPTER 37—TAX ON PAYMENTS PURSUANT TO CERTAIN GOVERNMENT

CONTRACTS’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to contracts entered into after the 

5 date of the enactment of this Act. 

6 TITLE V—MISCELLANEOUS 

7 PROVISIONS 

8 SEC. 501. SEVERABILITY. 

9 If any provision of this Act or amendment made by 

10 this Act, or the application of a provision or amendment 

11 to any person or circumstance, is held to be unconstitu12 tional, the remainder of this Act and amendments made 

13 by this Act, and the application of the provisions and 

14 amendment to any person or circumstance, shall not be 

15 affected by the holding. 

16 SEC. 502. EFFECTIVE DATE. 

17 (a) IN GENERAL.—Except as may otherwise be pro18 vided in this Act and in the amendments made by this 

19 Act, this Act and the amendments made by this Act shall 

20 apply with respect to elections occurring during 2028 or 

21 any succeeding year, without regard to whether or not the 

22 Federal Election Commission has promulgated the final 

23 regulations necessary to carry out this Act and the amendVerDate Sep 11 2014 15:51 Dec 29, 2022 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S5277.IS S5277

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1 ments made by this Act by the deadline set forth in sub2 section (b). 

3 (b) DEADLINE FOR REGULATIONS.—Not later than 

4 June 30, 2026, the Federal Election Commission shall 

5 promulgate such regulations as may be necessary to carry 

6 out this Act and the amendments made by this Act. 

Æ 


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