,i #aacth ,,congress #ast ,session ,h4 ,r4 #bfi ,,in ,,the ,,house ,,of ,,representatives ,january #ae1 #bjac ,mr4 ,yarmuth 7for himself1 ,ms4 ,pingree of ,maine1 ,mr4 ,nolan1 ,mr4 ,larson of ,connecticut1 ,mr4 ,blumenauer1 ,mr4 ,capuano1 ,ms4 ,chu1 ,mr4 ,cicilline1 ,mr4 ,cohen1 ,mr4 ,cooper1 ,mrs4 ,davis of ,california1 ,mr4 ,deutch1 ,mr4 ,ellison1 ,ms4 ,eshoo1 ,mr4 ,gene ,green of ,texas1 ,mr4 ,grijalva1 ,mr4 ,himes1 ,mr4 ,holt1 ,ms4 ,eddie ,bernice ,johnson of ,texas1 ,mr4 ,langevin1 ,mr4 ,jones1 ,ms4 ,lee of ,california1 ,mr4 ,maffei1 ,ms4 ,mc,collum1 ,mr4 ,mc,govern1 ,mr4 ,michaud1 ,mr4 ,george ,miller of ,california1 ,mr4 ,moran1 ,ms4 ,norton1 ,mr4 ,peters of ,michigan1 ,mr4 ,polis1 ,mr4 ,price of ,north ,carolina1 ,mr4 ,rangel1 ,mr4 ,sarbanes1 ,ms4 ,schakowsky1 ,mr4 ,sires1 ,mr4 ,smith of ,washington1 ,mr4 ,tonko1 ,ms4 ,tsongas1 ,mr4 ,van ,hollen1 ,mr4 ,welch1 ,ms4 ,slaughter1 ,mr4 ,sherman1 ,ms4 ,de,lauro1 ,mrs4 ,napolitano1 ,mr4 ,owens1 ,mr4 ,mc,dermott1 ,ms4 ,matsui1 ,ms4 ,hahn1 ,mr4 ,waxman1 ,mr4 ,o',rourke1 ,ms4 ,wilson of ,florida1 and ,mr4 ,kind7 introduced the following bill2 which was referred to the ,committee on ,house ,administration ,a ,,bill ,to reform the financing of ,house elections1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short ,title ,this ,act may be cited as the ,fair ,elections ,now ,act4 7b7 ,table of ,contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,findings and declarations4 ,title ,i--,fair elections financing of ,house election campaigns ,sec4 #aja4 ,benefits and eligibility requirements for ,house candidates4 ,title ,v--,fair elections financing of ,house election campaigns ,subtitle ,a--,benefits ,sec4 #eja4 ,benefits for participating candidates4 ,sec4 #ejb4 ,allocations from the ,fund4 ,sec4 #ejc4 ,matching payments for certain small dollar contributions4 ,subtitle ,b--,eligibility and certification ,sec4 #eaa4 ,eligibility4 ,sec4 #eab4 ,qualifying requirements4 ,sec4 #eac4 ,certification4 ,subtitle ,c--,requirements for ,candidates ,certified as ,participating ,candidates ,sec4 #eba4 ,contribution1 expenditure1 and fundraising requirements4 ,sec4 #ebb4 ,debate requirement4 ,sec4 #ebc4 ,remitting unspent funds after election4 ,subtitle ,d--,administrative provisions ,sec4 #eca4 ,fair ,elections ,fund4 ,sec4 #ecb4 ,fair ,elections ,oversight ,board4 ,sec4 #ecc4 ,administration by ,commission4 ,sec4 #ecd4 ,violations and penalties4 ,sec4 #ece4 ,election cycle defined4 ,sec4 #ajb4 ,transfer of portion of civil money penalties into ,fair ,elections ,fund4 ,sec4 #ajc4 ,prohibiting use of contributions by participating candidates for purposes other than campaign for election4 ,sec4 #ajd4 ,prohibition on joint fundraising committees4 ,sec4 #aje4 ,treatment of coordinated expenditures by political party committees on behalf of participating candidates4 ,title ,,ii--,responsibilities of the ,federal ,election ,commission ,sec4 #bja4 ,petition for certiorari4 ,sec4 #bjb4 ,filing by all candidates with ,commission4 ,sec4 #bjc4 ,electronic filing of ,,fec reports4 ,title ,,iii--,miscellaneous provisions ,sec4 #cja4 ,severability4 ,sec4 #cjb4 ,effective date4 #b4 ,findings and declarations 7a7 ,undermining of democracy by campaign contributions from private sources ,the ,house of ,representatives finds and declares that the current system of privately financed campaigns for election to the ,house of ,representatives has the capacity1 and is often perceived by the public1 to undermine democracy in the ,united ,states by-- 7#a7 creating a culture that fosters actual or perceived conflicts of interest1 by encouraging ,members of the ,house to accept large campaign contributions from private interests that are directly affected by ,federal legislation2 7#b7 diminishing or appearing to diminish ,members' accountability to constituents by compelling legislators to be accountable to the major contributors who finance their election campaigns2 7#c7 undermining the meaning of the right to vote by allowing monied interests to have a disproportionate and unfair influence within the political process2 7#d7 imposing large1 unwarranted costs on taxpayers through legislative and regulatory distortions caused by unequal access to lawmakers for campaign contributors2 7#e7 making it difficult for some qualified candidates to mount competitive ,house election campaigns2 7#f7 disadvantaging challengers and discouraging competitive elections1 because large campaign contributors tend to donate their money to incumbent ,members1 thus causing ,house elections to be less competitive2 and 7#g7 burdening incumbents with a preoccupation with fundraising and thus decreasing the time available to carry out their public responsibilities4 7b7 ,enhancement of democracy by providing allocations from the ,fair ,elections ,fund ,the ,house of ,representatives finds and declares that providing the option of the replacement of large private campaign contributions with allocations from the ,fair ,elections ,fund for all primary1 runoff1 and general elections to the ,house of ,representatives would enhance ,american democracy by-- 7#a7 reducing the actual or perceived conflicts of interest created by fully private financing of the election campaigns of public officials and restoring public confidence in the integrity and fairness of the electoral and legislative processes through a program which allows participating candidates to adhere to substantially lower contribution limits for contributors with an assurance that there will be sufficient funds for such candidates to run viable electoral campaigns2 7#b7 increasing the public's confidence in the accountability of ,members to the constituents who elect them1 which derives from the program's qualifying criteria to participate in the voluntary program and the conclusions that constituents may draw regarding candidates who qualify and participate in the program2 7#c7 helping to reduce the ability to make large campaign contributions as a determinant of a citizen's influence within the political process by facilitating the expression of support by voters at every level of wealth1 encouraging political participation1 incentivizing participation on the part of ,members through the matching of small dollar contributions2 7#d7 potentially saving taxpayers billions of dollars that may be 7or that are perceived to be7 currently allocated based upon legislative and regulatory agendas skewed by the influence of campaign contributions2 7#e7 creating genuine opportunities for all ,americans to run for the ,house of ,representatives and encouraging more competitive elections2 7#f7 encouraging participation in the electoral process by citizens of every level of wealth2 and 7#g7 freeing ,members from the incessant preoccupation with raising money1 and allowing them more time to carry out their public responsibilities4 ,i ,fair elections financing of ,house election campaigns #aja4 ,benefits and ,eligibility ,requirements for ,house ,candidates ,the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #dca et seq47 is amended by adding at the end the following3 ,v ,fair elections financing of ,house election campaigns ,a ,benefits #eja4 ,benefits for participating candidates 7a7 ,in general ,if a candidate for election to the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress is a participating candidate under this title with respect to an election for such office1 the candidate shall be entitled to payments under this title1 to be used only for authorized expenditures in connection with the election4 7b7 ,types of ,payments ,the payments to which a participating candidate is entitled under this section consist of-- 7#a7 allocations from the ,fair ,elections ,fund1 as provided in section #ejb2 and 7#b7 payments from the ,fair ,elections ,fund to match certain small dollar contributions1 as provided in section #ejc4 #ejb4 ,allocations from the ,fund 7a7 ,amount of ,allocations 7#a7 ,primary election allocation2 initial allocation ,except as provided in paragraph 7#f71 the ,commission shall make an allocation from the ,fair ,elections ,fund established under section #eca to a candidate who is certified as a participating candidate with respect to a primary election in an amount equal to #dj percent of the base amount4 7#b7 ,primary runoff election allocation ,the ,commission shall make an allocation from the ,fund to a candidate who is certified as a participating candidate with respect to a primary runoff election in an amount equal to #be percent of the amount the participating candidate was eligible to receive under this section for the primary election4 7#c7 ,general election allocation ,except as provided in paragraph 7#f71 the ,commission shall make an allocation from the ,fund to a candidate who is certified as a participating candidate with respect to a general election in an amount equal to #fj percent of the base amount4 7#d7 ,general runoff election allocation ,the ,commission shall make an allocation from the ,fund to a candidate who is certified as a participating candidate with respect to a general runoff election in an amount equal to #be percent of the base amount4 7#e7 ,recount allocation ,if the appropriate ,state or local election official conducts a recount of an election1 the ,commission shall make an allocation from the ,fund to a participating candidate for expenses relating to the recount in an amount equal to #be percent of the amount the participating candidate was eligible to receive under this section for the election involved4 7#f7 ,uncontested elections 7,a7 ,in general ,in the case of a primary or general election that is an uncontested election1 the ,commission shall make an allocation from the ,fund to a participating candidate for such election in an amount equal to #be percent of the allocation for that election with respect to such candidate4 7,b7 ,uncontested election defined ,for purposes of this subparagraph1 an election is uncontested if not more than #a candidate has campaign funds 7including payments from the ,fund7 in an amount equal to or greater than #aj percent of the allocation a candidate would be entitled to receive under this section for that election 7determined without regard to this paragraph74 7b7 ,base amount ,the base amount is an amount equal to #hj percent of the national average disbursements of the cycle by winning candidates for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress in the last #b election cycles4 7c7 ,timing2 method of payment 7#a7 ,timing ,the ,commission shall make the allocations required under subsection 7a7 to a participating candidate-- 7,a7 in the case of amounts provided under subsection 7a77#a71 not later than #dh hours after the date on which such candidate is certified as a participating candidate under section #eac2 7,b7 in the case of a general election1 not later than #dh hours after-- 7i7 the date of the certification of the results of the primary election or the primary runoff election2 or 7ii7 in any case in which there is no primary election1 the date the candidate qualifies to be placed on the ballot2 7,c7 in the case of a primary runoff election or a general runoff election1 not later than #dh hours after the certification of the results of the primary election or the general election1 as the case may be2 and 7,d7 in the case of a recount allocation1 not later than #dh hours after the appropriate ,state or local election official orders the holding of the recount4 7#b7 ,method of payment ,the ,commission shall distribute funds available to participating candidates under this section through the use of an electronic funds exchange or a debit card4 #ejc4 ,matching payments for certain small dollar contributions 7a7 ,in general ,the ,commission shall pay to each participating candidate an amount equal to #ejj percent of the amount of qualified small dollar contributions received by the candidate from individuals who are residents of the ,state in which such participating candidate is seeking election4 7b7 ,limitation ,the maximum payment under this section shall be the greater of-- 7#a7 #cjj percent of the allocation under paragraphs 7#a7 through 7#d7 of section #ejb7;a7 for that election with respect to such candidate2 or 7#b7 the percentage of the allocation determined by the ,commission under section #ecb7;c77#b74 7c7 ,time of payment ,the ,commission shall make payments under this section not later than #b business days after the receipt of a report made under subsection 7d74 7d7 ,reports 7#a7 ,in general ,each participating candidate shall file reports of receipts of qualified small dollar contributions at such times and in such manner as the ,commission may by regulations prescribe4 7#b7 ,contents of reports ,each report under this subsection shall disclose-- 7,a7 the amount of each qualified small dollar contribution received by the candidate2 7,b7 the amount of each qualified small dollar contribution received by the candidate from a resident of the ,state in which the candidate is seeking election2 and 7,c7 the name1 address1 and occupation of each individual who made a qualified small dollar contribution to the candidate4 7#c7 ,frequency of reports ,reports under this subsection shall be made no more frequently than-- 7,a7 once every month until the date that is #ij days before the date of the election2 7,b7 once every week after the period described in subparagraph 7,a7 and until the date that is #ba days before the election2 and 7,c7 once every day after the period described in subparagraph 7,b74 7#d7 ,limitation on regulations ,the ,commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is #ahj days before the date of such election4 7e7 ,appeals ,the ,commission shall provide a written explanation with respect to any denial of any payment under this section and shall provide for the opportunity for review and reconsideration within #e business days of such denial4 7f7 ,qualified ,small ,dollar ,contribution ,defined ,the term qualified small dollar contribution means1 with respect to a participating candidate1 any contribution 7or a series of contributions7-- 7#a7 which is not a qualifying contribution 7or does not include a qualifying contribution72 7#b7 which is made by an individual who is not prohibited from making a contribution under this ,act2 and 7#c7 the aggregate amount of which does not exceed the greater of-- 7,a7 #ajj per election2 or 7,b7 the amount determined by the ,fair ,elections ,oversight ,board under section #ecb7;c77#b74 ,b ,eligibility and certification #eaa4 ,eligibility 7a7 ,in general ,a candidate for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 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 requirements3 7#a7 ,during the election cycle for the office involved1 the candidate files with the ,commission a statement of intent to seek certification as a participating candidate4 7#b7 ,the candidate meets the qualifying requirements of section #eab4 7#c7 ,not later than the last day of the ,fair ,elections qualifying period1 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-- 7,a7 has complied and1 if certified1 will comply with the contribution and expenditure requirements of section #eba2 7,b7 if certified1 will comply with the debate requirements of section #ebb2 7,c7 if certified1 will run only as a participating candidate for all elections for the office that such candidate is seeking during the election cycle2 and 7,d7 has either qualified or will take steps to qualify under ,state law to be on the ballot4 7b7 ,general election ,notwithstanding subsection 7a71 a candidate shall not be eligible to receive an allocation from the ,fund 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 law4 7c7 ,fair ,elections qualifying period ,defined ,the term ,fair ,elections qualifying period means1 with respect to any candidate for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress1 the #abj-;day period 7during the election cycle for such office7 which begins on the date on which the candidate files a statement of intent under section #eaa7;a77#a71 except that such period may not continue after the date that is #fj days before-- 7#a7 the date of the primary election2 or 7#b7 in the case of a ,state that does not hold a primary election1 the date prescribed by ,state law as the last day to qualify for a position on the general election ballot4 #eab4 ,qualifying requirements 7a7 ,receipt of qualifying contributions ,a candidate for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress meets the requirement of this section if1 during the ,fair ,elections qualifying period described in section #eaa7;c71 the candidate obtains-- 7#a7 a single qualifying contribution from a number of individuals equal to or greater than the lesser of-- 7,a7 4#be of the voting age population of the ,state involved 7as reported in the most recent decennial census71 or 7,b7 #a1ejj2 and 7#b7 a total dollar amount of qualifying contributions equal to or greater than #ej1jjj4 7b7 ,requirements relating to receipt of qualifying contribution ,each qualifying contribution-- 7#a7 may be made by means of a personal check1 money order1 debit card1 credit card1 or electronic payment account2 7#b7 shall be accompanied by a signed statement containing-- 7,a7 the contributor's name and the contributor's address in the ,state in which the primary residence of the contributor is located2 and 7,b7 an oath declaring that the contributor-- 7i7 understands that the purpose of the qualifying contribution is to show support for the candidate so that the candidate may qualify for ,fair ,elections financing2 7ii7 is making the contribution in his or her own name and from his or her own funds2 7iii7 has made the contribution willingly2 and 7iv7 has not received any thing of value in return for the contribution2 and 7#c7 shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the ,commission and a copy kept by the candidate for the election authorities in the ,state with respect to which the candidate is seeking election4 7c7 ,verification of qualifying contributions ,the ,commission shall establish procedures for the auditing and verification of qualifying contributions to ensure that such contributions meet the requirements of this section4 7d7 ,prohibiting payment on commission basis of individuals collecting qualifying contributions ,no person may be paid a commission on a per qualifying contribution basis for collecting qualifying contributions4 7e7 ,qualifying contribution ,defined ,in this section1 the term qualifying contribution means1 with respect to a candidate1 a contribution that-- 7#a7 is in an amount that is-- 7,a7 not less than the greater of #e or the amount determined by the ,commission under section #ecb7;c77#b71 and 7,b7 not more than the greater of #ajj or the amount determined by the ,commission under section #ecb7;c77#b72 7#b7 is made by an individual-- 7,a7 who has a primary residence in the ,state in which such ,candidate is seeking election1 and 7,b7 who is not otherwise prohibited from making a contribution under this ,act2 7#c7 is made during the ,fair ,elections qualifying period described in section #eaa7;c72 and 7#d7 meets the requirements of subsection 7b74 #eac4 ,certification 7a7 ,deadline and ,notification 7#a7 ,in general ,not later than #e days after a candidate files an affidavit under section #eaa7;a77#c71 the ,commission shall-- 7,a7 determine whether or not the candidate meets the requirements for certification as a participating candidate2 7,b7 if the ,commission determines that the candidate meets such requirements1 certify the candidate as a participating candidate2 and 7,c7 notify the candidate of the ,commission's determination4 7#b7 ,deemed certification for all elections in election cycle ,if the ,commission certifies a candidate as a participating candidate with respect to the first election of the election cycle involved1 the ,commissioner shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle4 7b7 ,revocation of certification 7#a7 ,in general ,the ,commission may revoke a certification under subsection 7a7 if-- 7,a7 a candidate fails to qualify to appear on the ballot at any time after the date of certification 7other 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 cycle72 or 7,b7 a candidate otherwise fails to comply with the requirements of this title1 including any regulatory requirements prescribed by the ,commission4 7#b7 ,repayment of benefits ,if certification is revoked under paragraph 7#a71 the candidate shall repay to the ,fair ,elections ,fund established under section #eca an amount equal to the value of benefits received under this title with respect to the election cycle involved plus interest 7at a rate determined by the ,commission7 on any such amount received4 7c7 ,participating ,candidate defined ,in this title1 a participating candidate means a candidate for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress who is certified under this section as eligible to receive benefits under this title4 ,c ,requirements for ,candidates ,certified as ,participating ,candidates #eba4 ,contribution1 expenditure1 and fundraising requirements 7a7 ,contributions 7#a7 ,permitted sources of contributions ,except as provided in subsection 7c71 a candidate who is certified as a participating candidate with respect to an election shall1 with respect to all elections occurring during the election cycle for the office involved1 accept no contributions from any source 7including an unexpended contribution received by the candidate with respect to a previous election or a contribution made by any political committee or multicandidate committee7 other than-- 7,a7 qualifying contributions described in section #eab2 7,b7 qualified small dollar contributions described in section #ejc2 7,c7 allocations under section #ejb2 and 7,d7 payments under section #ejc4 7#b7 ,contributions for leadership and related ,p,a,cs ,a political committee of a participating candidate which is not an authorized committee of such candidate may accept contributions other than contributions described in paragraph 7#a7 from any person if-- 7,a7 the aggregate amount of the contributions from such person for any election during the election cycle does not exceed #ajj2 and 7,b7 no portion of such contributions is disbursed in connection with the campaign of the participating candidate4 7b7 ,expenditures 7#a7 ,permitted ,sources for ,expenditures ,except as provided in subsection 7c71 a candidate who is certified as a participating candidate with respect to an election shall1 with respect to all elections occurring during the election cycle for the office involved-- 7,a7 make no expenditures from any amounts other than-- 7i7 qualifying contributions described in section #eab2 7ii7 qualified small dollar contributions described in section #ejc2 7iii7 allocations under section #ejb2 and 7iv7 payments under section #ejc2 and 7,b7 make no expenditures from personal funds or the funds of any immediate family member of the candidate 7other than funds received through qualified small dollar contributions and qualifying contributions74 7#b7 ,immediate family member defined ,in paragraph 7#a77;,b71 the term immediate family means1 with respect to a candidate-- 7,a7 the candidate's spouse2 7,b7 a child1 stepchild1 parent1 grandparent1 brother1 half-brother1 sister1 or half-sister of the candidate or the candidate's spouse2 and 7,c7 the spouse of any person described in subparagraph 7,b74 7c7 ,exceptions 7#a7 ,exception for contributions received prior to filing of statement of intent ,a candidate who has accepted contributions that are not qualified small dollar contributions1 qualifying contributions1 or contributions described in paragraph 7a77#b7 prior to the date the candidate files a statement of intent under section #eaa7;a77#a7 is not in violation of subsection 7a71 but only if all such contributions are-- 7,a7 returned to the contributor2 7,b7 submitted to the ,commission for deposit in the ,fair ,elections ,fund established under section #eca2 or 7,c7 spent in accordance with paragraph 7#b74 7#b7 ,exception for expenditures made prior to filing of statement of intent ,if a candidate has made expenditures prior to the date the candidate files a statement of intent under section #eaa7;a77#a7 that the candidate is prohibited from making under subsection 7b71 the candidate is not in violation of such subsection if the aggregate amount of the prohibited expenditures is less than #bj percent of the amount of an initial allocation to a candidate under section #ejb7;a77#a74 7#c7 ,exception for campaign surpluses from a previous election ,notwithstanding paragraph 7#a71 unexpended contributions received by the candidate or an authorized committee of the candidate with respect to a previous election may be retained1 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 candidate4 7#d7 ,exception for contributions received before the effective date of this title ,contributions received and expenditures made by the candidate or an authorized committee of the candidate prior to the effective date of this title shall not constitute a violation of subsection 7a7 or 7b74 ,unexpended contributions shall be treated the same as campaign surpluses under paragraph 7#c71 and expenditures made shall count against the limit in paragraph 7#b74 7d7 ,special ,rule for ,coordinated ,party ,expenditures ,for purposes of this section1 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 candidate4 #ebb4 ,debate requirement ,a candidate who is certified as a participating candidate with respect to an election shall1 during the election cycle for the office involved1 participate in at least-- 7#a7 #a public debate before the primary election with other participating candidates and other willing candidates from the same party and seeking the same nomination as such candidate2 and 7#b7 #b public debates before the general election with other participating candidates and other willing candidates seeking the same office as such candidate4 #ebc4 ,remitting unspent funds after election 7a7 ,in general ,not later than the date that is #fj days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved1 such participating candidate shall remit to the ,commission for deposit in the ,fair ,elections ,fund established under section #eca an amount equal to the lesser of-- 7#a7 the amount of money in the candidate's campaign account2 or 7#b7 the sum of the allocations received by the candidate under section #ejb and the payments received by the candidate under section #ejc4 7b7 ,exception for expenditures incurred but not paid as of date of remittance 7#a7 ,in general ,subject to subsection 7a71 a candidate may withhold from the amount required to be remitted under paragraph 7#a7 of such subsection 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 subsection1 except that any amount withheld pursuant to this paragraph shall be remitted to the ,commission not later than #abj days after the date of the election to which such subsection applies4 7#b7 ,documentation required ,a candidate may withhold an amount of an expenditure pursuant to paragraph 7#a7 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 7a74 ,d ,administrative provisions #eca4 ,fair ,elections ,fund 7a7 ,establishment ,there is established in the ,treasury a fund to be known as the ,fair ,elections ,fund4 7b7 ,amounts held by ,fund ,the ,fund shall consist of the following amounts3 7#a7 ,appropriated amounts ,amounts appropriated to the ,fund1 including trust fund amounts appropriated pursuant to applicable provisions of the ,internal ,revenue ,code of #aihf4 7#b7 ,voluntary contributions ,voluntary contributions to the ,fund4 7#c7 ,transfers resulting from payment of civil penalties ,amounts transferred into the ,fund pursuant to section #cji7;a77#ac74 7#d7 ,other deposits ,amounts deposited into the ,fund under-- 7,a7 section #eba7;a77#c7 7relating to exceptions to contribution requirements72 7,b7 section #ebc 7relating to remittance of allocations from the ,fund72 7,c7 section #ecd 7relating to violations72 and 7,d7 any other section of this ,act4 7#e7 ,investment returns ,interest on1 and the proceeds from1 the sale or redemption of1 any obligations held by the ,fund under subsection 7c74 7c7 ,investment ,the ,commission shall invest portions of the ,fund in obligations of the ,united ,states in the same manner as provided under section #ifjb7;b7 of the ,internal ,revenue ,code of #aihf4 7d7 ,use of ,fund 7#a7 ,in general ,the sums in the ,fund shall be used to provide benefits to participating candidates as provided in subtitle ,a4 7#b7 ,insufficient amounts ,under regulations established by the ,commission1 rules similar to the rules of section #ijjf7;c7 of the ,internal ,revenue ,code of #aihf shall apply4 #ecb4 ,fair ,elections ,oversight ,board 7a7 ,establishment ,there is established within the ,federal ,election ,commission an entity to be known as the ,fair ,elections ,oversight ,board4 7b7 ,structure and membership 7#a7 ,in general ,the ,board shall be composed of #e members appointed by the ,president1 of whom-- 7,a7 #b shall be appointed after consultation with the ,majority ,leader of the ,house of ,representatives2 7,b7 #b shall be appointed after consultation with the ,minority ,leader of the ,house of ,representatives2 and 7,c7 #a shall be appointed upon the recommendation of the members appointed under subparagraphs 7,a7 and 7,b74 7#b7 ,qualifications 7,a7 ,in general ,the members shall be individuals who are nonpartisan and1 by reason of their education1 experience1 and attainments1 exceptionally qualified to perform the duties of members of the ,board4 7,b7 ,prohibition ,no member of the ,board may be-- 7i7 an employee of the ,federal ,government2 7ii7 a registered lobbyist or an individual who was a registered lobbyist at any time during the #b-year period preceding appointment to the ,board2 or 7iii7 an officer or employee of a political party or political campaign4 7#c7 ,date ,members of the ,board shall be appointed not later than #fj days after the date of the enactment of this ,act4 7#d7 ,terms ,a member of the ,board shall be appointed for a term of #e years4 7#e7 ,vacancies ,a vacancy on the ,board shall be filled not later than #cj calendar days after the date on which the ,board is given notice of the vacancy1 in the same manner as the original appointment4 ,the individual appointed to fill the vacancy shall serve only for the unexpired portion of the term for which the individual's predecessor was appointed4 7#f7 ,chairperson ,the ,board shall designate a ,chairperson from among the members of the ,board4 7c7 ,duties and powers 7#a7 ,administration ,the ,board shall have such duties and powers as the ,commission may prescribe1 including the power to administer the provisions of this title4 7#b7 ,review of fair elections financing 7,a7 ,in general ,after each regularly scheduled general election for ,federal office1 the ,board shall conduct a comprehensive review of the ,fair ,elections financing program under this title1 including-- 7i7 the maximum dollar amount of qualified small dollar contributions under section #ejc7;f72 7ii7 the maximum and minimum dollar amounts for qualifying contributions under section #eab7;d72 7iii7 the number and value of qualifying contributions a candidate is required to obtain under section #eab7;a7 to be eligible for certification as a participating candidate2 7iv7 the amount of allocations that candidates may receive under section #ejb2 7v7 the maximum amount of payments a candidate may receive under section #ejc2 7vi7 the overall satisfaction of participating candidates and the ,american public with the program2 and 7vii7 such other matters relating to financing of ,house of ,representatives campaigns as the ,board determines are appropriate4 7,b7 ,criteria for review ,in conducting the review under subparagraph 7,a71 the ,board shall consider the following3 7i7 ,qualifying contributions and qualified small dollar contributions ,the ,board shall consider whether the number and dollar amount of qualifying contributions required and maximum dollar amount for such qualifying contributions and qualified small dollar contributions strikes a balance regarding the importance of voter involvement1 the need to assure adequate incentives for participating1 and fiscal responsibility1 taking into consideration the number of primary and general election participating candidates1 the electoral performance of those candidates1 program cost1 and any other information the ,board determines is appropriate4 7ii7 ,review of program benefits ,the ,board shall consider whether the totality of the amount of funds allowed to be raised by participating candidates 7including through qualifying contributions and small dollar contributions71 allocations under section #ejb1 and payments under section #ejc are sufficient for voters in each ,state to learn about the candidates to cast an informed vote1 taking into account the historic amount of spending by winning candidates1 media costs1 primary election dates1 and any other information the ,board determines is appropriate4 7,c7 ,adjustment of amounts 7i7 ,in general ,based on the review conducted under subparagraph 7,a71 the ,board shall provide for the adjustments of the following amounts3 7,i7 the maximum dollar amount of qualified small dollar contributions under section #ejc7;f72 7,,ii7 the maximum and minimum dollar amounts for qualifying contributions under section #eab7;d72 7,,iii7 the number and value of qualifying contributions a candidate is required to obtain under section #eab7;a7 to be eligible for certification as a participating candidate2 7,,iv7 the base amount for candidates under section #ejb7;b72 and 7,v7 the maximum amount of matching contributions a candidate may receive under section #ejc7;b74 7ii7 ,regulations ,the ,commission shall promulgate regulations providing for the adjustments made by the ,board under clause 7i74 7,d7 ,report ,not later than ,march #cj following any general election for ,federal office1 the ,board shall submit a report to ,congress on the review conducted under paragraph 7#a74 ,such report shall contain a detailed statement of the findings1 conclusions1 and recommendations of the ,board based on such review4 7d7 ,meetings and hearings 7#a7 ,meetings ,the ,board may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,board considers advisable to carry out the purposes of this ,act4 7#b7 ,quorum ,three members of the ,board shall constitute a quorum for purposes of voting1 but a quorum is not required for members to meet and hold hearings4 7e7 ,reports ,not later than ,march #cj1 #bjad1 and every #b years thereafter1 the ,board shall submit to the ,committee on ,house ,administration of the ,house of ,representatives a report documenting1 evaluating1 and making recommendations relating to the administrative implementation and enforcement of the provisions of this title4 7f7 ,administration 7#a7 ,compensation of members 7,a7 ,in general ,each member1 other than the ,chairperson1 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 #ecae of title #e1 ,united ,states ,code4 7,b7 ,chairperson ,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 #ecad of title #e1 ,united ,states ,code4 7#b7 ,personnel 7,a7 ,director ,the ,board shall have a staff headed by an ,executive ,director4 ,the ,executive ,director shall be paid at a rate equivalent to a rate established for the ,senior ,executive ,service under section #echb of title #e1 ,united ,states ,code4 7,b7 ,staff appointment ,with the approval of the ,chairperson1 the ,executive ,director may appoint such personnel as the ,executive ,director and the ,board determines to be appropriate4 7,c7 ,experts and consultants ,with the approval of the ,chairperson1 the ,executive ,director may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code4 7,d7 ,detail of government employees ,upon the request of the ,chairperson1 the head of any ,federal agency may detail1 without reimbursement1 any of the personnel of such agency to the ,board to assist in carrying out the duties of the ,board4 ,any such detail shall not interrupt or otherwise affect the civil service status or privileges of the ,federal employee4 7,e7 ,other resources ,the ,board shall have reasonable access to materials1 resources1 statistical data1 and other information from the ,library of ,congress and other agencies of the executive and legislative branches of the ,federal ,government4 ,the ,chairperson of the ,board shall make requests for such access in writing when necessary4 7g7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out the purposes of this subtitle4 #ecc4 ,administration by ,commission ,the ,commission shall prescribe regulations to carry out the purposes of this title1 including regulations-- 7#a7 to establish procedures for-- 7,a7 verifying the amount of valid qualifying contributions with respect to a candidate2 7,b7 effectively and efficiently monitoring and enforcing the limits on the raising of qualified small dollar contributions2 7,c7 effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates2 and 7,d7 monitoring the use of allocations from the ,fair ,elections ,fund established under section #eca and matching contributions under this title through audits of not fewer than #a_/c of all participating candidates or other mechanisms2 and 7#b7 regarding the conduct of debates in a manner consistent with the best practices of ,states that provide public financing for elections4 #ecd4 ,violations and penalties 7a7 ,civil penalty for violation of contribution and expenditure requirements ,if a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section #eba1 the ,commission shall assess a civil penalty against the candidate in an amount that is not more than #c times the amount of the contribution or expenditure4 ,any amounts collected under this subsection shall be deposited into the ,fair ,elections ,fund established under section #eca4 7b7 ,repayment for improper use of ,fair ,elections ,fund 7#a7 ,in general ,if the ,commission determines that any benefit made available 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 title1 the ,commission shall so notify the candidate and the candidate shall pay to the ,fund an amount equal to-- 7,a7 the amount of benefits so used or not remitted1 as appropriate2 and 7,b7 interest on any such amounts 7at a rate determined by the ,commission74 7#b7 ,other action not precluded ,any action by the ,commission in accordance with this subsection shall not preclude enforcement proceedings by the ,commission in accordance with section #cji7;a71 including a referral by the ,commission to the ,attorney ,general in the case of an apparent knowing and willful violation of this title4 #ece4 ,election cycle defined ,in this title1 the term election cycle means1 with respect to an election for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress1 the period beginning on the day after the date of the most recent general election for that office 7or1 if the general election resulted in a runoff election1 the date of the runoff election7 and ending on the date of the next general election for that office 7or1 if the general election resulted in a runoff election1 the date of the runoff election74 4 #ajb4 ,transfer of ,portion of ,civil ,money ,penalties ,into ,fair ,elections ,fund ,section #cji7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #dcg;g7a77 is amended by adding at the end the following new paragraph3 7#ac7 ,upon receipt in the ,general ,fund of the ,treasury of any payment attributable to a civil money penalty imposed under this subsection1 there shall be transferred to the ,fair ,elections ,fund established under section #eca an amount equal to #ej percent of the amount of such payment4 4 #ajc4 ,prohibiting ,use of ,contributions by ,participating ,candidates for ,purposes ,other ,than ,campaign for ,election ,section #cac of the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #dci;a7 is amended by adding at the end the following new subsection3 7d7 ,restrictions on ,permitted ,uses of ,funds by ,candidates ,receiving ,fair ,elections ,financing ,notwithstanding paragraphs 7#b71 7#c71 or 7#d7 of subsection 7a71 if a candidate for election for the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress is certified as a participating candidate under title ,v with respect to the election1 any contribution which the candidate is permitted to accept under such title may be used only for authorized expenditures in connection with the candidate's campaign for such office4 4 #ajd4 ,prohibition on joint fundraising committees ,section #cjb7;e7 of the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #dcb7;e77 is amended by adding at the end the following new paragraph3 7#f7 ,no authorized committee of a candidate may establish a joint fundraising committee with a political committee other than an authorized committee of a candidate4 4 #aje4 ,treatment of coordinated expenditures by political party committees on behalf of participating candidates 7a7 ,revision of limitations ,section #cae7;d77#c7 of the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #dda;a7d77 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as subparagraphs 7,b7 and 7,c71 respectively2 and 7#b7 by inserting before subparagraph 7,b71 as redesignated by paragraph 7#a71 the following new subparagraph3 7,a7 in the case of a candidate for election to the office of ,representative in1 or ,delegate or ,resident ,commissioner to1 the ,congress who is certified as a participating candidate under title ,v1 the lesser of-- 7i7 #aj percent of the allocation that the participating candidate is eligible to receive for the general election under section #ejb7;a72 or 7ii7 the amount which would 7but for this subparagraph7 apply with respect to such candidate under subparagraph 7,b72 4 7b7 ,conforming amendment ,section #cae7;d77#c7 of such ,act 7#b ,u4,s4,c4 #dda;a7d77#c77 is amended-- 7#a7 in subparagraph 7,b7 7as redesignated by subsection 7a771 by inserting who is not certified as a participating candidate under title ,v after only one ,representative2 and 7#b7 in subparagraph 7,c7 7as redesignated by subsection 7a771 by inserting who is not certified as a participating candidate under title ,v after any other ,state4 ,,ii ,responsibilities of the ,federal ,election ,commission #bja4 ,petition for certiorari ,section #cjg7;a77#f7 of the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #dcg;d7a77#f77 is amended by inserting 7including a proceeding before the ,supreme ,court on certiorari7 after appeal4 #bjb4 ,filing by ,all candidates with ,commission ,section #cjb7;g7 of the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #dcb7;g77 is amended to read as follows3 7g7 ,filing with the commission ,all designations1 statements1 and reports required to be filed under this ,act shall be filed with the ,commission4 4 #bjc4 ,electronic filing of ,,fec reports ,section #cjd7;a77#aa7 of the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #dcd7;a77#aa77 is amended-- 7#a7 in subparagraph 7,a71 by striking under this ,act-- and all that follows and inserting under this ,act shall be required to maintain and file such designation1 statement1 or report in electronic form accessible by computers42 7#b7 in subparagraph 7,b71 by striking #dh hours and all that follows through filed electronically7 and inserting #bd hours2 and 7#c7 by striking subparagraph 7,d74 ,,iii ,miscellaneous provisions #cja4 ,severability ,if any provision of this ,act or amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and amendments made by this ,act1 and the application of the provisions and amendment to any person or circumstance1 shall not be affected by the holding4 #cjb4 ,effective date ,except as otherwise provided for in this ,act1 this ,act and the amendments made by this ,act shall take effect on ,january #a1 #bjad4