I 

108TH CONGRESS 

1ST SESSION H. R. 3641

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

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 21, 2003

Mr. TIERNEY (for himself, Mr. GRIJALVA, Mr. HOEFFEL, Mr. KIND, Mr. 

CASE, Mr. GEORGE MILLER of California, Ms. BALDWIN, Mr. 

MCDERMOTT, Ms. WOOLSEY, Mr. BLUMENAUER, Ms. KAPTUR, Ms. 

SCHAKOWSKY, Mr. HINCHEY, Mr. FARR, Mr. NADLER, Mr. OLVER, Mr. 

FRANK of Massachusetts, Mr. MCGOVERN, Mr. SANDERS, Mr. CONYERS, 

Ms. DELAURO, Mr. LANTOS, Mr. DELAHUNT, Ms. ESHOO, Mr. WAXMAN, 

Mr. STARK, Mr. VAN HOLLEN, Ms. LEE, Mr. JACKSON of Illinois, and 

Mr. MCNULTY) introduced the following bill; which was referred to the 

Committee on House Administration, and in addition to the Committees 

on Energy and Commerce and Government Reform, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To reform the financing of Federal 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 ‘‘Clean Money, Clean Elections Act’’. 
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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows:

Sec. 1. Short title; table of contents. 

TITLE I—CLEAN MONEY FINANCING OF HOUSE ELECTION 

CAMPAIGNS 

Sec. 101. Findings and declarations. 

Sec. 102. Eligibility requirements and benefits of Clean Money financing of 

House election campaigns. 

‘‘TITLE V—CLEAN MONEY FINANCING OF HOUSE ELECTION 

CAMPAIGNS 

‘‘Sec. 501. Definitions. 

‘‘Sec. 502. Eligibility for Clean Money. 

‘‘Sec. 503. Requirements applicable to Clean Money candidates. 

‘‘Sec. 504. Seed money. 

‘‘Sec. 505. Certification by Commission. 

‘‘Sec. 506. Benefits for Clean Money candidates. 

‘‘Sec. 507. Administration of Clean Money. 

‘‘Sec. 508. Expenditures made from funds other than Clean Money. 

‘‘Sec. 509. Authorization of appropriations. 

Sec. 103. Reporting requirements for expenditures of private money candidates. 

Sec. 104. Transition rule for current election cycle. 

TITLE II—INDEPENDENT EXPENDITURES; COORDINATED 

POLITICAL PARTY EXPENDITURES 

Sec. 201. Reporting requirements for independent expenditures. 

Sec. 202. Limit on expenditures by political party committees. 

Sec. 203. Treatment of coordinated expenditures as contributions. 

TITLE III—VOTER INFORMATION 

Sec. 301. Free broadcast time. 

Sec. 302. Broadcast rates and preemption. 

Sec. 303. Limit on Congressional use of the franking privilege. 

TITLE IV—RESTRUCTURING AND STRENGTHENING OF THE 

FEDERAL ELECTION COMMISSION 

Sec. 401. Appointment and terms of Commissioners. 

Sec. 402. Audits. 

Sec. 403. Authority to seek injunction. 

Sec. 404. Standard for investigation. 

Sec. 405. Petition for certiorari. 

Sec. 406. Expedited procedures. 

Sec. 407. Promoting expedited availability of FEC reports. 

Sec. 408. Power to issue subpoena without signature of Chairperson. 

TITLE V—MISCELLANEOUS PROVISIONS 

Sec. 501. Severability. 

Sec. 502. Review of constitutional issues. 

Sec. 503. Effective date.
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1 TITLE I—CLEAN MONEY FINANC2 ING OF HOUSE ELECTION 

3 CAMPAIGNS 

4 SEC. 101. FINDINGS AND DECLARATIONS. 

5 (a) UNDERMINING OF DEMOCRACY BY CAMPAIGN

6 CONTRIBUTIONS FROM PRIVATE SOURCES.—The Con7 gress finds and declares that the current system of pri8 vately financed campaigns for election to the House of 

9 Representatives has the capacity, and is often perceived 

10 by the public, to undermine democracy in the United 

11 States by—

12 (1) violating the democratic principle of ‘‘one 

13 person, one vote’’ and diminishing the meaning of 

14 the right to vote by allowing monied interests to 

15 have a disproportionate and unfair influence within 

16 the political process; 

17 (2) diminishing or giving the appearance of di18 minishing a Member of the House of 

19 Representatives’s accountability to constituents by 

20 compelling legislators to be accountable to the major 

21 contributors who finance their election campaigns; 

22 (3) creating a conflict of interest, perceived or 

23 real, by encouraging Members to take money from 

24 private interests that are directly affected by Federal 

25 legislation; 
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1 (4) imposing large, unwarranted costs on tax2 payers through legislative and regulatory outcomes 

3 shaped by unequal access to lawmakers for cam4 paign contributors; 

5 (5) driving up the cost of election campaigns, 

6 making it difficult for qualified candidates without 

7 personal fortunes or access to campaign contribu8 tions from monied individuals and interest groups to 

9 mount competitive House of Representatives election 

10 campaigns; 

11 (6) disadvantaging challengers, because large 

12 campaign contributors tend to give their money to 

13 incumbent Members, thus causing House of Rep14 resentatives elections to be less competitive; and 

15 (7) burdening incumbents with a preoccupation 

16 with fundraising and thus decreasing the time avail17 able to carry out their public responsibilities. 

18 (b) ENHANCEMENT OF DEMOCRACY BY PROVIDING

19 CLEAN MONEY.—Congress finds and declares that pro20 viding the option of the replacement of private campaign 

21 contributions with clean money financing for all primary, 

22 runoff, and general elections to the House of Representa23 tives would enhance American democracy by—

24 (1) helping to eliminate access to wealth as a 

25 determinant of a citizen’s influence within the polit-
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1 ical process and to restore meaning to the principle 

2 of ‘‘one person, one vote’’; 

3 (2) increasing the public’s confidence in the ac4 countability of Members to the constituents who 

5 elect them; 

6 (3) eliminating the potentially inherent conflict 

7 of interest caused by the private financing of the 

8 election campaigns of public officials, thus restoring 

9 public confidence in the fairness of the electoral and 

10 legislative processes; 

11 (4) reversing the escalating cost of elections 

12 and saving taxpayers billions of dollars that are (or 

13 that are perceived to be) currently misspent due to 

14 legislative and regulatory agendas skewed by the in15 fluence of contributions; 

16 (5) creating a more level playing field for in17 cumbents and challengers, creating genuine opportu18 nities for all Americans to run for the House of Rep19 resentatives, and encouraging more competitive elec20 tions; and

21 (6) freeing Members from the constant pre22 occupation with raising money, and allowing them 

23 more time to carry out their public responsibilities. 
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1 SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF 

2 CLEAN MONEY FINANCING OF HOUSE ELEC3 TION CAMPAIGNS. 

4 The Federal Election Campaign Act of 1971 (2 

5 U.S.C. 431 et seq.) is amended by adding at the end the 

6 following: 

7 ‘‘TITLE V—CLEAN MONEY FI8 NANCING OF HOUSE ELEC9 TION CAMPAIGNS 

10 ‘‘SEC. 501. DEFINITIONS. 

11 ‘‘In this title: 

12 ‘‘(1) ALLOWABLE CONTRIBUTION.—The term 

13 ‘allowable contribution’ means a qualifying contribu14 tion or seed money contribution. 

15 ‘‘(2) CLEAN MONEY.—The term ‘clean money’ 

16 means funds that are made available by the Com17 mission to a clean money candidate under this title. 

18 ‘‘(3) CLEAN MONEY CANDIDATE.—The term 

19 ‘clean money candidate’ means a candidate for Mem20 ber of or Delegate or Resident Commissioner to the 

21 Congress who is certified under section 505 as being 

22 eligible to receive clean money. 

23 ‘‘(4) CLEAN MONEY QUALIFYING PERIOD.—The 

24 term ‘clean money qualifying period’ means the pe25 riod beginning on the date that is 180 days before 

26 the date of the primary election and ending on the 
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1 date that is 30 days before the date of the general 

2 election. In the event of a special election, the clean 

3 money qualifying period shall begin on the earlier 

4 date of either the date that is 180 days before the 

5 date of the special election or on the date of an6 nouncement of such special election date if same as 

7 within 180 days of the date of the special election. 

8 It shall end on the date that is 30 days before the 

9 date of the special election. 

10 ‘‘(5) GENERAL ELECTION PERIOD.—The term 

11 ‘general election period’ means, with respect to a 

12 candidate, the period beginning on the day after the 

13 date of the primary or primary runoff election for 

14 the specific office that the candidate is seeking, 

15 whichever is later, and ending on the earlier of—

16 ‘‘(A) the date of the general election; or 

17 ‘‘(B) the date on which the candidate with18 draws from the campaign or otherwise ceases 

19 actively to seek election. 

20 ‘‘(6) GENERAL RUNOFF ELECTION PERIOD.—

21 The term ‘general runoff election period’ means, 

22 with respect to a candidate, the period beginning on 

23 the day following the date of the last general election 

24 for the specific office that the candidate is seeking 
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1 and ending on the date of the runoff election for 

2 that office. 

3 ‘‘(7) HOUSE OF REPRESENTATIVES ELECTION

4 FUND.—The term ‘House of Representatives Elec5 tion Fund’ means the fund established by section 

6 507(a). 

7 ‘‘(8) IMMEDIATE FAMILY.—The term ‘imme8 diate family’ means—

9 ‘‘(A) a candidate’s spouse; 

10 ‘‘(B) a child, stepchild, parent, grand11 parent, brother, half-brother, sister, or half-sis12 ter of the candidate or the candidate’s spouse; 

13 and 

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

15 subparagraph (B). 

16 ‘‘(9) MAJOR PARTY CANDIDATE.—The term 

17 ‘major party candidate’ means a candidate of a po18 litical party of which a candidate for Member of or 

19 Delegate or Resident Commissioner to the Congress, 

20 for President, or for Governor in the preceding 5 

21 years received, as a candidate of that party, 25 per22 cent or more of the total number of popular votes 

23 received in the State (or Congressional district, if 

24 applicable) by all candidates for the same office. 
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1 ‘‘(10) PERSONAL FUNDS.—The term ‘personal 

2 funds’ means an amount that is derived from—

3 ‘‘(A) the personal funds of the candidate 

4 or a member of the candidate’s immediate fam5 ily; and 

6 ‘‘(B) proceeds of indebtedness incurred by 

7 the candidate or a member of the candidate’s 

8 immediate family. 

9 ‘‘(11) PERSONAL USE.—

10 ‘‘(A) IN GENERAL—The term ‘personal 

11 use’ means the use of funds to fulfill a commit12 ment, obligation, or expense of a person that 

13 would exist irrespective of the candidate’s elec14 tion campaign or individual’s duties as a holder 

15 of Federal office. 

16 ‘‘(B) INCLUSIONS.—The term ‘personal 

17 use’ includes, but is not limited to—

18 ‘‘(i) a home mortgage, rent, or utility 

19 payment; 

20 ‘‘(ii) a clothing purchase; 

21 ‘‘(iii) a noncampaign-related auto22 mobile expense; 

23 ‘‘(iv) a country club membership; 

24 ‘‘(v) a vacation or other noncampaign25 related trip; 
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1 ‘‘(vi) a household food item; 

2 ‘‘(vii) a tuition payment; 

3 ‘‘(viii) admission to a sporting event, 

4 concert, theater, or other form of enter5 tainment not associated with an election 

6 campaign; and 

7 ‘‘(ix) dues, fees, and other payments 

8 to a health club or recreational facility. 

9 ‘‘(12) PRIMARY ELECTION PERIOD.—The term 

10 ‘primary election period’ means the period beginning 

11 on the date that is 90 days before the date of the 

12 primary election and ending on the date of the pri13 mary election. In the event of a special primary elec14 tion, if applicable, the term ‘primary election period’ 

15 means the period beginning on the date that is the 

16 longer of 90 days before the date of such special pri17 mary election, or the date of establishment by the 

18 appropriate election authority of the special primary 

19 election date and ending on the date of the special 

20 primary election. 

21 ‘‘(13) PRIMARY RUNOFF ELECTION PERIOD.—

22 The term ‘primary runoff election period’ means, 

23 with respect to a candidate, the period beginning on

24 the day following the date of the last primary elec25 tion for the specific office that the candidate is seek-
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1 ing and ending on the date of the runoff election 

2 for that office. 

3 ‘‘(14) PRIVATE MONEY CANDIDATE.—The term 

4 ‘private money candidate’ means a candidate for 

5 Member of or Delegate or Resident Commissioner to 

6 the Congress other than a clean money candidate. 

7 ‘‘(15) QUALIFYING CONTRIBUTION.—The term 

8 ‘qualifying contribution’ means a contribution that—

9 ‘‘(A) is in the amount of $5 exactly; 

10 ‘‘(B) is made by an individual who is a 

11 resident of the candidate’s State and is other12 wise authorized to make a contribution under 

13 this Act; 

14 ‘‘(C) is made during the clean money 

15 qualifying period; and 

16 ‘‘(D) meets the requirements of section 

17 502(a)(2)(D). 

18 ‘‘(16) SEED MONEY CONTRIBUTION.—The term 

19 ‘seed money contribution’ means a contribution (or 

20 contributions in the aggregate made by any 1 per21 son) of not more than $100. 

22 ‘‘(17) STATE.—The term ‘State’ includes the 

23 District of Columbia, Puerto Rico, the Virgin Is24 lands, American Samoa, and Guam. 
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1 ‘‘SEC. 502. ELIGIBILITY FOR CLEAN MONEY. 

2 ‘‘(a) PRIMARY ELECTION PERIOD AND PRIMARY

3 RUNOFF ELECTION PERIOD.—

4 ‘‘(1) IN GENERAL.—A candidate qualifies as a 

5 clean money candidate during the primary election 

6 period and primary runoff election period if the can7 didate files with the Commission a declaration, 

8 signed by the candidate and the treasurer of the 

9 candidate’s principal campaign committee, that the 

10 candidate—

11 ‘‘(A) has complied and will comply with all 

12 of the requirements of this title; 

13 ‘‘(B) will not run in the general election as 

14 a private money candidate; and 

15 ‘‘(C) meets the qualifying contribution re16 quirement of paragraph (2). 

17 ‘‘(2) QUALIFYING CONTRIBUTION REQUIRE18 MENT.—

19 ‘‘(A) MAJOR PARTY CANDIDATES AND CER20 TAIN INDEPENDENT CANDIDATES.—The re21 quirement of this paragraph is met if, during 

22 the clean money qualifying period, a major 

23 party candidate (or an independent candidate 

24 who meets the minimum vote percentage re25 quired for a major party candidate under sec-
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1 tion 501(9)) receives 1,500 qualifying contribu2 tions. 

3 ‘‘(B) OTHER CANDIDATES.—The require4 ment of this paragraph is met if, during the 

5 clean money qualifying period, a candidate who 

6 is not described in subparagraph (A) receives a 

7 number of qualifying contributions that is at 

8 least 150 percent of the number of qualifying 

9 contributions that a candidate described in sub10 paragraph (A) in the same election is required 

11 to receive under subparagraph (A). 

12 ‘‘(C) RECEIPT OF QUALIFYING CONTRIBU13 TION.—A qualifying contribution shall—

14 ‘‘(i) be accompanied by the contribu15 tor’s name and home address; 

16 ‘‘(ii) be accompanied by a signed 

17 statement that the contributor understands 

18 the purpose of the qualifying contribution; 

19 ‘‘(iii) be made by a personal check or 

20 money order payable to the House of Rep21 resentatives Election Fund or by cash; and 

22 ‘‘(iv) be acknowledged by a receipt 

23 that is sent to the contributor with a copy 

24 kept by the candidate for the Commission 

25 and a copy kept by the candidate for the 
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1 election authorities in the candidate’s 

2 State. 

3 ‘‘(D) DEPOSIT OF QUALIFYING CONTRIBU4 TIONS IN HOUSE OF REPRESENTATIVES ELEC5 TION FUND.—

6 ‘‘(i) IN GENERAL.—Not later than the 

7 date that is 1 day after the date on which 

8 the candidate is certified under section 

9 505, a candidate shall remit all qualifying 

10 contributions to the Commission for de11 posit in the House of Representatives Elec12 tion Fund. 

13 ‘‘(ii) CANDIDATES THAT ARE NOT

14 CERTIFIED.—Not later than the last day of 

15 the clean money qualifying period, a can16 didate who has received qualifying con17 tributions and is not certified under section 

18 505 shall remit all qualifying contributions 

19 to the Commission for deposit in the 

20 House of Representatives Election Fund. 

21 ‘‘(3) TIME TO FILE DECLARATION.—A declara22 tion under paragraph (1) shall be filed by a can23 didate not later than the date that is 30 days before 

24 the date of the primary election. With respect to any 

25 special primary election, a declaration under para-
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1 graph (1) shall be filed by a candidate not later than 

2 the date that is 30 days before the special primary 

3 election. 

4 ‘‘(b) GENERAL ELECTION PERIOD.—

5 ‘‘(1) IN GENERAL.—A candidate qualifies as a 

6 clean money candidate during the general election 

7 period if—

8 ‘‘(A)(i) the candidate qualified as a clean 

9 money candidate during the primary election 

10 period (and primary runoff election period, if 

11 applicable); or 

12 ‘‘(ii) the candidate files with the Commis13 sion a declaration, signed by the candidate and 

14 the treasurer of the candidate’s principal com15 mittee, that the candidate—

16 ‘‘(I) has complied and will comply 

17 with all the requirements of this title; and 

18 ‘‘(II) meets the qualifying contribu19 tion requirement of subsection (a)(2);

20 ‘‘(B) the candidate files with the Commis21 sion a written agreement between the candidate 

22 and the candidate’s political party in which the 

23 political party agrees not to make any expendi24 tures in connection with the general election of 
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1 the candidate in excess of the limit in section 

2 315(d)(3)(C); and 

3 ‘‘(C) the candidate’s party nominated the 

4 candidate to be placed on the ballot for the gen5 eral election or the candidate qualified to be 

6 placed on the ballot as an independent can7 didate, and the candidate is qualified under 

8 State law to be on the ballot. 

9 ‘‘(2) TIME TO FILE DECLARATION OR STATE10 MENT.—A declaration or statement required to be 

11 filed under paragraph (1) shall be filed by a can12 didate not later than the date that is 30 days before 

13 the date of the general election. With respect to any 

14 special general election, a declaration or statement 

15 required to be filed under paragraph (1) shall be 

16 filed by a candidate not later than the date that is 

17 30 days before the date of the special general elec18 tion. 

19 ‘‘(c) GENERAL RUNOFF ELECTION PERIOD.—A can20 didate qualifies as a clean money candidate during the 

21 general runoff election period if the candidate qualified as 

22 a clean money candidate during the general election pe23 riod. 
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1 ‘‘SEC. 503. REQUIREMENTS APPLICABLE TO CLEAN MONEY 

2 CANDIDATES. 

3 ‘‘(a) CONTRIBUTIONS AND EXPENDITURES.—

4 ‘‘(1) PROHIBITION OF PRIVATE CONTRIBU5 TIONS.—Except as otherwise provided in this title, 

6 during the election cycle of a clean money candidate, 

7 the candidate shall not accept contributions other 

8 than clean money from any source. 

9 ‘‘(2) PROHIBITION OF EXPENDITURES FROM

10 PRIVATE SOURCES.—Except as otherwise provided in 

11 this title, during the election cycle of a clean money 

12 candidate, the candidate shall not make expenditures 

13 from any amounts other than clean money amounts. 

14 ‘‘(b) USE OF PERSONAL FUNDS.—

15 ‘‘(1) IN GENERAL.—A clean money candidate 

16 shall not use personal funds to make an expenditure 

17 except as provided in paragraph (2). 

18 ‘‘(2) EXCEPTIONS.—A seed money contribution 

19 or qualifying contribution from the candidate or a 

20 member of the candidate’s immediate family shall 

21 not be considered to be use of personal funds. 

22 ‘‘SEC. 504. SEED MONEY. 

23 ‘‘(a) SEED MONEY LIMIT.—A clean money candidate 

24 may accept seed money contributions in an aggregate 

25 amount not exceeding $35,000. 
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1 ‘‘(b) CONTRIBUTION LIMIT.—Except as provided in 

2 section 502(a)(2), a clean money candidate shall not ac3 cept a contribution from any person except a seed money 

4 contribution (as defined in section 501). 

5 ‘‘(c) RECORDS.—A clean money candidate shall 

6 maintain a record of the contributor’s name, street ad7 dress, and amount of the contribution. 

8 ‘‘(d) USE OF SEED MONEY.—

9 ‘‘(1) IN GENERAL.—A clean money candidate 

10 may expend seed money for any election campaign11 related costs, including costs to open an office, fund 

12 a grassroots campaign, or hold community meetings. 

13 ‘‘(2) PROHIBITED USES.—A clean money can14 didate shall not expend seed money for—

15 ‘‘(A) a television or radio broadcast; or 

16 ‘‘(B) personal use. 

17 ‘‘(e) REPORT.—Unless a seed money contribution or 

18 expenditure made with a seed money contribution has 

19 been reported previously under section 304, a clean money 

20 candidate shall file with the Commission a report dis21 closing all seed money contributions and expenditures not 

22 later than 48 hours after—

23 ‘‘(1) the earliest date on which the Commission 

24 makes funds available to the candidate for an elec-
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1 tion period under paragraph (1) or (2) of section 

2 506(b); or 

3 ‘‘(2) the end of the clean money qualifying pe4 riod, 

5 whichever occurs first. 

6 ‘‘(f) TIME TO ACCEPT SEED MONEY CONTRIBU7 TIONS.—A clean money candidate may accept seed money 

8 contributions for an election from the day after the date 

9 of the previous general election for the office to which the 

10 candidate is seeking election through the earliest date on 

11 which the Commission makes funds available to the can12 didate for an election period under paragraph (1) or (2) 

13 of section 506(b). 

14 ‘‘(g) DEPOSIT OF UNSPENT SEED MONEY CON15 TRIBUTIONS.—A clean money candidate shall remit any 

16 unspent seed money to the Commission, for deposit in the 

17 House of Representatives Election Fund, not later than 

18 the earliest date on which the Commission makes funds 

19 available to the candidate for an election period under 

20 paragraph (1) or (2) of section 506(b). 

21 ‘‘(h) NOT CONSIDERED AN EXPENDITURE.—An ex22 penditure made with seed money shall not be treated as 

23 an expenditure for purposes of section 506(f)(2). 
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1 ‘‘SEC. 505. CERTIFICATION BY COMMISSION. 

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

3 candidate files a declaration under section 502, the Com4 mission shall—

5 ‘‘(1) determine whether the candidate meets the 

6 eligibility requirements of section 502; and 

7 ‘‘(2) certify whether or not the candidate is a 

8 clean money candidate. 

9 ‘‘(b) REVOCATION OF CERTIFICATION.—The Com10 mission may revoke a certification under subsection (a) 

11 if a candidate fails to comply with this title. 

12 ‘‘(c) REPAYMENT OF BENEFITS.—If certification is 

13 revoked under subsection (b), the candidate shall repay 

14 to the House of Representatives Election Fund an amount 

15 equal to the value of benefits received under this title. 

16 ‘‘SEC. 506. BENEFITS FOR CLEAN MONEY CANDIDATES. 

17 ‘‘(a) IN GENERAL.—A clean money candidate shall 

18 be entitled to—

19 ‘‘(1) a clean money amount for each election 

20 period to make or obligate to make expenditures 

21 during the election period for which the clean money 

22 is provided, as provided in subsection (c); 

23 ‘‘(2) media benefits under section 315 of the 

24 Communications Act of 1934 (47 U.S.C. 315); and 

25 ‘‘(3) an aggregate amount of increase in the 

26 clean money amount in response to certain inde-
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1 pendent expenditures and expenditures of a private 

2 money candidate under subsection (d) that, in the 

3 aggregate, are in excess of 125 percent of the clean 

4 money amount of the clean money candidate. 

5 ‘‘(b) PAYMENT OF CLEAN MONEY AMOUNT.—

6 ‘‘(1) PRIMARY ELECTION.—The Commission 

7 shall make funds available to a clean money can8 didate on the later of—

9 ‘‘(A) the date on which the candidate is 

10 certified as a clean money candidate under sec11 tion 505; or 

12 ‘‘(B) the date on which the primary elec13 tion period begins. 

14 ‘‘(2) GENERAL ELECTION.—The Commission 

15 shall make funds available to a clean money can16 didate not later than 48 hours after—

17 ‘‘(A) certification of the primary election 

18 or primary runoff election result; or 

19 ‘‘(B) the date on which the candidate is 

20 certified as a clean money candidate under sec21 tion 505 for the general election, 

22 whichever occurs first. 

23 ‘‘(3) RUNOFF ELECTION.—The Commission 

24 shall make funds available to a clean money can25 didate not later than 48 hours after the certification
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1 of the primary or general election result (as applica2 ble). 

3 ‘‘(c) MONEY AMOUNTS.—

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), the clean money amount paid to a clean 

6 money candidate with respect to an election shall be 

7 equal to the applicable percentage of 80 percent of 

8 the base amount for the election cycle involved, ex9 cept that in no event may the amount determined 

10 under this subsection for a clean money candidate 

11 for an election cycle be less than the amount deter12 mined under this subsection for the candidate for 

13 the previous election cycle. 

14 ‘‘(2) REDUCTION FOR UNCONTESTED ELEC15 TIONS.—If a clean money candidate has no opposi16 tion in an election for which a payment is made 

17 under this section, the clean money amount paid 

18 shall be 40 percent of the amount otherwise deter19 mined under paragraph (1). 

20 ‘‘(3) DEFINITIONS.—

21 ‘‘(A) APPLICABLE PERCENTAGE.—In this 

22 subsection, the ‘applicable percentage’ is as fol23 lows: 
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1 ‘‘(i) 25 percent, in the case of a can2 didate in a primary election who is not a 

3 major party candidate. 

4 ‘‘(ii) 40 percent, in the case of a 

5 major party candidate in a primary elec6 tion. 

7 ‘‘(iii) 60 percent, in the case of any 

8 candidate in a general election. 

9 ‘‘(B) BASE AMOUNT.—In this subsection, 

10 the term ‘base amount’ means (with respect to 

11 an election cycle) the national average of all 

12 amounts expended by winning candidates dur13 ing the 3 most recent general elections for 

14 Member of, or Delegate or Resident Commis15 sioner to, the Congress preceding the election 

16 cycle involved. 

17 ‘‘(d) MATCHING FUNDS IN RESPONSE TO INDE18 PENDENT EXPENDITURES AND EXPENDITURES OF PRI19 VATE MONEY CANDIDATES.—

20 ‘‘(1) IN GENERAL.—If the Commission—

21 ‘‘(A) receives notification under—

22 ‘‘(i) subparagraphs (A) or (B) of sec23 tion 304(c)(2) that a person has made or 

24 obligated to make an independent expendi25 ture in an aggregate amount of $1,000 or 
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1 more in an election period or that a person 

2 has made or obligated to make an inde3 pendent expenditure in an aggregate 

4 amount of $500 or more during the 20 

5 days preceding the date of an election in 

6 support of another candidate or against a 

7 clean money candidate; or 

8 ‘‘(ii) section 304(i)(1) that a private 

9 money candidate has made or obligated to 

10 make expenditures in an aggregate amount 

11 in excess of 100 percent of the amount of 

12 clean money provided to a clean money 

13 candidate who is an opponent of the pri14 vate money candidate in the same election; 

15 and 

16 ‘‘(B) determines that the aggregate 

17 amount of expenditures reported under sub18 paragraph (A) in an election period is in excess 

19 of 125 percent of the amount of clean money 

20 provided to a clean money candidate who is an 

21 opponent of the private money candidate in the 

22 same election or against whom the independent 

23 expenditure is made, 

24 the Commission shall make available to the clean 

25 money candidate, not later than 24 hours after re-
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1 ceiving a notification under subparagraph (A), an 

2 aggregate amount of increase in clean money in an 

3 amount equal to the aggregate amount of expendi4 tures that is in excess of 125 percent of the amount 

5 of clean money provided to the clean money can6 didate as determined under subparagraph (B). 

7 ‘‘(2) CLEAN MONEY CANDIDATES OPPOSED BY

8 MORE THAN 1 PRIVATE MONEY CANDIDATE.—For 

9 purposes of paragraph (1), if a clean money can10 didate is opposed by more than 1 private money can11 didate in the same election, the Commission shall 

12 take into account only the amount of expenditures of 

13 the private money candidate that expends, in the ag14 gregate, the greatest amount (as determined each 

15 time notification is received under section 304(i)(1)). 

16 ‘‘(3) CLEAN MONEY CANDIDATES OPPOSED BY

17 CLEAN MONEY CANDIDATES.—If a clean money can18 didate is opposed by a clean money candidate, the 

19 increase in clean money amounts under paragraph 

20 (1) shall be made available to the clean money can21 didate if independent expenditures are made against 

22 the clean money candidate or in behalf of the oppos23 ing clean money candidate in the same manner as 

24 the increase would be made available for a clean 
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1 money candidate who is opposed by a private money 

2 candidate. 

3 ‘‘(e) LIMITS ON MATCHING FUNDS.—The aggregate 

4 amount of clean money that a clean money candidate re5 ceives to match independent expenditures and the expendi6 tures of private money candidates under subsection (d) 

7 shall not exceed 200 percent of the clean money amount 

8 that the clean money candidate receives under subsection 

9 (c). 

10 ‘‘(f) EXPENDITURES MADE WITH CLEAN MONEY

11 AMOUNTS.—

12 ‘‘(1) IN GENERAL.—The clean money amount 

13 received by a clean money candidate shall be used 

14 only for the purpose of making or obligating to make 

15 expenditures during the election period for which the 

16 clean money is provided. 

17 ‘‘(2) EXPENDITURES IN EXCESS OF CLEAN

18 MONEY AMOUNT.—A clean money candidate shall 

19 not make expenditures or incur obligations in excess 

20 of the clean money amount. 

21 ‘‘(3) PROHIBITED USES.—The clean money 

22 amount received by a clean money candidate shall 

23 not be—

24 ‘‘(A) converted to a personal use; or 

25 ‘‘(B) used in violation of law.
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1 ‘‘(4) REPAYMENT; CIVIL PENALTIES.—

2 ‘‘(A) If the Commission determines that 

3 any benefit made available to a clean money 

4 candidate under this title was not used as pro5 vided for in this title, or that a clean money 

6 candidate has violated any of the spending lim7 its or dates for remission of funds contained in 

8 this Act, the Commission shall so notify the 

9 candidate and the candidate shall pay to the 

10 House of Representatives’ Election Fund an 

11 amount equal to the amount of benefits so 

12 used, or the amount spent in excess of the lim13 its or the amount not timely remitted, as appro14 priate. 

15 ‘‘(B) Any action by the Commission in ac16 cordance with this section shall not preclude en17 forcement proceedings by the Commission in ac18 cordance with section 309(a), including a refer19 ral by the Commission to the Attorney General 

20 in the case of an apparent knowing and willful 

21 violation of this title. 

22 ‘‘(g) REMITTING OF CLEAN MONEY AMOUNTS.—Not 

23 later than the date that is 14 days after the last day of 

24 the applicable election period, a clean money candidate 

25 shall remit any unspent clean money amount to the Com-
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1 mission for deposit in the House of Representatives Elec2 tion Fund. 

3 ‘‘SEC. 507. ADMINISTRATION OF CLEAN MONEY. 

4 ‘‘(a) HOUSE OF REPRESENTATIVES ELECTION

5 FUND.—

6 ‘‘(1) ESTABLISHMENT.—There is established in 

7 the Treasury a fund to be known as the ‘House of 

8 Representatives Election Fund’. 

9 ‘‘(2) DEPOSITS.—The Commission shall deposit 

10 unspent seed money contributions, qualifying con11 tributions, penalty amounts received under this title, 

12 and amounts appropriated for clean money financing 

13 in the House of Representatives Election Fund. 

14 ‘‘(3) FUNDS.—The Commission shall withdraw 

15 the clean money amount for a clean money can16 didate from the House of Representatives Election 

17 Fund. 

18 ‘‘(b) REGULATIONS.—The Commission shall promul19 gate regulations to—

20 ‘‘(1) effectively and efficiently monitor and en21 force the limits on use of private money by clean 

22 money candidates; 

23 ‘‘(2) effectively and efficiently monitor use of 

24 publicly financed amounts under this title; and 
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1 ‘‘(3) enable clean money candidates to monitor 

2 expenditures and comply with the requirements of 

3 this title. 

4 ‘‘SEC. 508. EXPENDITURES MADE FROM FUNDS OTHER 

5 THAN CLEAN MONEY. 

6 ‘‘If a clean money candidate makes an expenditure 

7 using funds other than funds provided under this title, the 

8 Commission shall assess a civil penalty against the can9 didate in an amount that is not more than 10 times the 

10 amount of the expenditure. 

11 ‘‘SEC. 509. AUTHORIZATION OF APPROPRIATIONS. 

12 ‘‘There are authorized to be appropriated to the 

13 House of Representatives Election Fund such sums as are 

14 necessary to carry out this title.’’. 

15 SEC. 103. REPORTING REQUIREMENTS FOR EXPENDITURES 

16 OF PRIVATE MONEY CANDIDATES. 

17 Section 304 of the Federal Election Campaign Act 

18 of 1971 (2 U.S.C. 434), as amended by section 308(b) 

19 of the Bipartisan Campaign Reform Act of 2003, is 

20 amended by adding at the end the following: 

21 ‘‘(i) PRIVATE MONEY CANDIDATES.—

22 ‘‘(1) EXPENDITURES IN EXCESS OF CLEAN

23 MONEY AMOUNTS.—Not later than 48 hours after 

24 making or obligating to make an expenditure, a pri25 vate money candidate (as defined in section 501) 
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1 that makes or obligates to make expenditures, in an 

2 aggregate amount in excess of 100 percent of the 

3 amount of clean money provided to a clean money 

4 candidate (as defined in section 501), during an 

5 election period (as defined by section 501) who is an 

6 opponent of the clean money candidate shall file 

7 with the Commission a report stating the amount of 

8 each expenditure (in increments of an aggregate 

9 amount of $100) made or obligated to be made. 

10 ‘‘(2) PLACE OF FILING; NOTIFICATION.—

11 ‘‘(A) PLACE OF FILING.—A report under 

12 this subsection shall be filed with the Commis13 sion. 

14 ‘‘(B) NOTIFICATION OF CLEAN MONEY

15 CANDIDATES.—Not later than 24 hours after 

16 receipt of a report under this subsection, the 

17 Commission shall notify each clean money can18 didate seeking nomination for election to, or 

19 election to, the office in question, of the receipt 

20 of the report. 

21 ‘‘(3) DETERMINATIONS BY THE COMMISSION.—

22 ‘‘(A) IN GENERAL.—The Commission may, 

23 on a request of a candidate or on its own initia24 tive, make a determination that a private 

25 money candidate has made, or has obligated to
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1 make, expenditures in excess of the applicable 

2 amount in paragraph (1). 

3 ‘‘(B) NOTIFICATION.—In the case of such 

4 a determination, the Commission shall notify 

5 each clean money candidate seeking nomination 

6 for election to, or election to, the office in ques7 tion, of the making of the determination not 

8 later than 24 hours after making the deter9 mination. 

10 ‘‘(C) TIME TO COMPLY WITH REQUEST

11 FOR DETERMINATION.—A determination made 

12 at the request of a candidate shall be made not 

13 later than 48 hours after the date of the re14 quest.’’. 

15 SEC. 104. TRANSITION RULE FOR CURRENT ELECTION 

16 CYCLE. 

17 (a) IN GENERAL.—During the election cycle in effect 

18 on the date of enactment of this Act, a candidate may 

19 be certified as a clean money candidate (as defined in sec20 tion 501 of the Federal Election Campaign Act of 1971, 

21 as added by section 102), notwithstanding the acceptance 

22 of contributions or making of expenditures from private 

23 funds before the date of enactment that would, absent this 

24 section, disqualify the candidate as a clean money can25 didate. 
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1 (b) PRIVATE FUNDS.—A candidate may be certified 

2 as a clean money candidate only if any private funds ac3 cepted and not expended before the date of enactment of 

4 this Act are—

5 (1) returned to the contributor; or 

6 (2) submitted to the Federal Election Commis7 sion for deposit in the House of Representatives 

8 Election Fund (as defined in section 501 of the Fed9 eral Election Campaign Act of 1971, as added by 

10 section 102). 

11 TITLE II—INDEPENDENT EX12 PENDITURES; COORDINATED 

13 POLITICAL PARTY EXPENDI14 TURES 

15 SEC. 201. REPORTING REQUIREMENTS FOR INDEPENDENT 

16 EXPENDITURES. 

17 Section 304(c) of the Federal Election Campaign Act 

18 of 1971 (2 U.S.C. 434(c)) is amended—

19 (1) by striking ‘‘(c)(1) Every person’’ and in20 serting the following: 

21 ‘‘(c) INDEPENDENT EXPENDITURES.—

22 ‘‘(1) IN GENERAL.—

23 ‘‘(A) REQUIRED FILING.—Except as pro24 vided in paragraph (2), every person’’; 
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1 (2) in paragraph (2), by redesignating subpara2 graphs (A), (B), and (C) as clauses (i), (ii), and 

3 (iii), respectively, and adjusting the margins accord4 ingly; 

5 (3) by redesignating paragraphs (2) and (3) as 

6 subparagraphs (B) and (C), respectively, and adjust7 ing the margins accordingly; and 

8 (4) by adding at the end the following: 

9 ‘‘(2) HOUSE OF REPRESENTATIVES ELECTIONS

10 WITH A CLEAN MONEY CANDIDATE.—

11 ‘‘(A) INDEPENDENT EXPENDITURES MORE

12 THAN 20 DAYS BEFORE AN ELECTION.—

13 ‘‘(i) IN GENERAL.—Not later than 48 

14 hours after making an independent ex15 penditure, more than 20 days before the 

16 date of an election, in support of an oppo17 nent of or in opposition to a clean money 

18 candidate (as defined in section 501), a 

19 person that makes independent expendi20 tures in an aggregate amount in excess of 

21 $1,000 during an election period (as de22 fined in section 501) shall file with the 

23 Commission a statement containing the in24 formation described in clause (ii). 
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1 ‘‘(ii) CONTENTS OF STATEMENT.—A 

2 statement under subparagraph (A) shall 

3 include a certification, under penalty of 

4 perjury, that contains the information re5 quired by subsection (b)(6)(B)(iii). 

6 ‘‘(iii) ADDITIONAL STATEMENTS.—An 

7 additional statement shall be filed for each 

8 aggregate of independent expenditures that 

9 exceeds $1,000. 

10 ‘‘(B) INDEPENDENT EXPENDITURES DUR11 ING THE 20 DAYS PRECEDING AN ELECTION.—

12 Not later than 24 hours after making or obli13 gating to make an independent expenditure in 

14 support of an opponent of or in opposition to a 

15 clean money candidate in an aggregate amount 

16 in excess of $500, during the 20 days preceding 

17 the date of an election, a person that makes or 

18 obligates to make the independent expenditure 

19 shall file with the Commission a statement stat20 ing the amount of each independent expenditure 

21 made or obligated to be made. 

22 ‘‘(C) PLACE OF FILING; NOTIFICATION.—

23 ‘‘(i) PLACE OF FILING.—A report or 

24 statement under this paragraph shall be 

25 filed with the Commission. 
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1 ‘‘(ii) NOTIFICATION OF CLEAN MONEY

2 CANDIDATES.—Not later than 24 hours, 

3 but excluding the time from 5:00 p.m. Fri4 day through and until 9:00 a.m. the fol5 lowing Monday, and legal holidays after re6 ceipt of a statement under this paragraph, 

7 the Commission shall notify each clean 

8 money candidate seeking nomination for 

9 election to, or election to, the office in 

10 question of the receipt of a statement. 

11 ‘‘(D) DETERMINATION BY THE COMMIS12 SION.—

13 ‘‘(i) IN GENERAL.—The Commission 

14 may, on request of a candidate or on its 

15 own initiative, make a determination that a 

16 person has made or obligated to make 

17 independent expenditures with respect to a 

18 candidate that in the aggregate exceed the 

19 applicable amount under subparagraph 

20 (A). 

21 ‘‘(ii) NOTIFICATION.—Not later than 

22 24 hours after making a determination 

23 under clause (i), the Commission shall no24 tify each clean money candidate in the
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1 election of the making of the determina2 tion. 

3 ‘‘(iii) TIME TO COMPLY WITH RE4 QUEST FOR DETERMINATION.—A deter5 mination made at the request of a can6 didate shall be made not later than 48 

7 hours after the date of the request.’’. 

8 SEC. 202. LIMIT ON EXPENDITURES BY POLITICAL PARTY 

9 COMMITTEES. 

10 Section 315(d)(3) of the Federal Election Campaign 

11 Act of 1971 (2 U.S.C. 441a(d)(3)) is amended—

12 (1) in subparagraph (A)—

13 (A) in the matter preceding clause (i), by 

14 striking ‘‘in the case’’ and inserting ‘‘except as 

15 provided in subparagraph (C), in the case’’, and 

16 (B) by striking ‘‘and’’ at the end; 

17 (2) in subparagraph (B)—

18 (A) by striking ‘‘in the case’’ and inserting 

19 ‘‘except as provided in subparagraph (C), in the 

20 case’’, and 

21 (B) by striking the period at the end and 

22 inserting ‘‘; and’’; and 

23 (3) by adding at the end the following: 

24 ‘‘(C) in the case of an election to the office of 

25 Representative in or Delegate or Resident Commis-
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1 sioner to the Congress in which 1 or more can2 didates is a clean money candidate (as defined in 

3 section 501), 10 percent of the amount of clean 

4 money that a clean money candidate is eligible to re5 ceive for the general election period.’’. 

6 SEC. 203. TREATMENT OF COORDINATED EXPENDITURES 

7 AS CONTRIBUTIONS. 

8 (a) IN GENERAL.—Section 301(8) of the Federal 

9 Election Campaign Act of 1971 (2 U.S.C. 431(8)) is 

10 amended—

11 (1) in subparagraph (A)—

12 (A) by striking ‘‘or’’ at the end of clause 

13 (i); 

14 (B) by striking the period at the end of 

15 clause (ii) and inserting ‘‘; or’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(iii) a payment made for a commu18 nication or anything of value that is for 

19 the purpose of influencing an election for 

20 Federal office and that is made in coordi21 nation with a candidate (as defined in sub22 paragraph (C)).’’; and 

23 (2) by adding at the end the following: 
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1 ‘‘(C) For the purposes of subparagraph 

2 (A)(iii), the term ‘payment made in coordina3 tion with a candidate’ includes—

4 ‘‘(i) a payment made by a person in 

5 cooperation, consultation, or concert with, 

6 at the request or suggestion of, or pursu7 ant to any general or particular under8 standing with a candidate, the candidate’s 

9 authorized committee, or an agent acting 

10 on behalf of a candidate or authorized 

11 committee; 

12 ‘‘(ii) a payment made by a person for 

13 the dissemination, distribution, or republi14 cation, in whole or in part, of any broad15 cast or any written, graphic, or other form 

16 of campaign material prepared by a can17 didate, a candidate’s authorized committee, 

18 or an agent of a candidate or authorized 

19 committee (not including a communication 

20 described in paragraph (9)(B)(i) or a com21 munication that expressly advocates the 

22 candidate’s defeat); 

23 ‘‘(iii) a payment made based on infor24 mation about a candidate’s plans, projects, 

25 or needs provided to the person making the 
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1 payment by the candidate or the can2 didate’s agent who provides the informa3 tion with a view toward having the pay4 ment made; 

5 ‘‘(iv) a payment made by a person if, 

6 in the same election cycle in which the pay7 ment is made, the person making the pay8 ment is serving or has served as a member, 

9 employee, fundraiser, or agent of the can10 didate’s authorized committee in an execu11 tive or policymaking position; 

12 ‘‘(v) a payment made by a person if 

13 the person making the payment has served 

14 in any formal policy or advisory position 

15 with the candidate’s campaign or has par16 ticipated in strategic or policymaking dis17 cussions with the candidate’s campaign re18 lating to the candidate’s pursuit of nomi19 nation for election, or election, to Federal 

20 office, in the same election cycle as the 

21 election cycle in which the payment is 

22 made; and 

23 ‘‘(vi) a payment made by a person if 

24 the person making the payment retains the 

25 professional services of an individual or 
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1 person who has provided or is providing 

2 campaign-related services in the same elec3 tion cycle to a candidate in connection with 

4 the candidate’s pursuit of nomination for 

5 election, or election, to Federal office, in6 cluding services relating to the candidate’s 

7 decision to seek Federal office, and the 

8 payment is for services of which the pur9 pose is to influence that candidate’s elec10 tion. 

11 ‘‘(D) For purposes of subparagraph 

12 (C)(vi), the term ‘professional services’ includes 

13 services in support of a candidate’s pursuit of 

14 nomination for election, or election, to Federal 

15 office such as polling, media advice, direct mail, 

16 fundraising, or campaign research.’’. 

17 (b) EXCEPTION FOR CLEAN MONEY CANDIDATES.—

18 Section 315(a)(7) of such Act (2 U.S.C. 441a(a)(7)) is 

19 amended by striking paragraph (B) and inserting the fol20 lowing: 

21 ‘‘(B)(i) Except as provided in clause (ii), a pay22 ment made in coordination with a candidate (as de23 scribed in section 301(8)(A)(iii)) shall be considered 

24 to be a contribution to the candidate, and, for the 

25 purposes of any provision of this Act that imposes
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1 a limitation on the making of expenditures by a can2 didate, shall be treated as an expenditure by the 

3 candidate for purposes of this paragraph. 

4 ‘‘(ii) In the case of a clean money candidate (as 

5 defined in section 501), a payment made in coordi6 nation with a candidate by a committee of a political 

7 party shall not be treated as a contribution to the 

8 candidate for purposes of section 503(b)(1) or an ex9 penditure made by the candidate for purposes of sec10 tion 503(b)(2).’’. 

11 TITLE III—VOTER INFORMATION 

12 SEC. 301. FREE BROADCAST TIME. 

13 Section 315 of the Communications Act of 1934 (47 

14 U.S.C. 315), as amended by section 504 of the Bipartisan 

15 Campaign Reform Act of 2002, is amended—

16 (1) in subsection (a), in the third sentence, by 

17 striking ‘‘within the meaning of this subsection’’ and 

18 inserting ‘‘within the meaning of this subsection or 

19 subsection (c)’’; 

20 (2) by redesignating subsections (f) and (g) as 

21 subsections (g) and (h), respectively; 

22 (3) by inserting after subsection (e) the fol23 lowing: 

24 ‘‘(f) FREE BROADCAST TIME.—
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1 ‘‘(1) AMOUNT OF TIME.—A clean money can2 didate shall be entitled to receive—

3 ‘‘(A) 30 minutes of free broadcast time 

4 during each of the primary election period and 

5 the primary runoff election period; and 

6 ‘‘(B) 75 minutes of free broadcast time 

7 during the general election period and general 

8 runoff election period. 

9 ‘‘(2) TIME DURING WHICH THE BROADCAST IS

10 SHOWN.—The broadcast time under paragraph (1) 

11 shall be—

12 ‘‘(A) with respect to a television broadcast, 

13 the time between 6:00 p.m. and 10:00 p.m. on 

14 any day that falls on Monday through Friday; 

15 ‘‘(B) with respect to a radio broadcast, the 

16 time between 7:00 a.m. and 9:30 a.m. or be17 tween 4:30 p.m. and 7:00 p.m. on any day that 

18 falls on Monday through Friday; or 

19 ‘‘(C) with respect to any broadcast, such 

20 other time to which the candidate and broad21 caster may agree. 

22 ‘‘(3) MAXIMUM REQUIRED OF ANY STATION.—

23 The amount of free broadcast time that any 1 sta24 tion is required to make available to any 1 clean 

25 money candidate during each of the primary election 
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1 period, primary runoff election period, and general 

2 election period shall not exceed 15 minutes.’’; and 

3 (4) in subsection (c)—

4 (A) by striking ‘‘and’’ at the end of para5 graph (1); 

6 (B) by striking the period at the end of 

7 paragraph (2) and inserting a semicolon, and 

8 by redesignating that paragraph as paragraph 

9 (4); 

10 (C) by inserting after paragraph (1) the 

11 following: 

12 ‘‘(2) the term ‘clean money candidate’ has the 

13 meaning given in section 501 of the Federal Election 

14 Campaign Act of 1971; 

15 ‘‘(3) the terms ‘general election period’ and 

16 ‘general runoff election period’ have the meaning 

17 given in section 501 of the Federal Election Cam18 paign Act of 1971;’’; and 

19 (D) by adding at the end the following: 

20 ‘‘(5) the term ‘primary election period’ has the 

21 meaning given in section 501 of the Federal Election 

22 Campaign Act of 1971; 

23 ‘‘(6) the term ‘private money candidate’ has the 

24 meaning given in section 501 of the Federal Election 

25 Campaign Act of 1971; and 
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1 ‘‘(7) the term ‘primary runoff election period’ 

2 has the meaning given in section 501 of the Federal 

3 Election Campaign Act of 1971.’’. 

4 SEC. 302. BROADCAST RATES AND PREEMPTION. 

5 (a) BROADCAST RATES.—Section 315(b) of the Com6 munications Act of 1934 (47 U.S.C. 315(b)), as amended 

7 by section 305(a) of the Bipartisan Campaign Reform Act 

8 of 2002, is amended—

9 (1) in paragraph (1)(A), by striking ‘‘paragraph 

10 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

11 (2) by adding at the end the following: 

12 ‘‘(3) CLEAN MONEY CANDIDATES.—In the case 

13 of a clean money candidate, the charges for the use 

14 of a television broadcasting station shall not exceed 

15 50 percent of the lowest charge described in para16 graph (1)(A) during—

17 ‘‘(A) the 30 days preceding the date of a 

18 primary or primary runoff election in which the 

19 candidate is opposed; and 

20 ‘‘(B) the 60 days preceding the date of a 

21 general or special election in which the can22 didate is opposed. 

23 ‘‘(4) OTHER HOUSE CANDIDATES.—In the case 

24 of a candidate for election for Member of, or Dele25 gate or Resident Commissioner to, the Congress who 
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1 is not a clean money candidate, paragraph (1)(A) 

2 shall not apply. 

3 ‘‘(5) RATE CARDS.—A licensee shall provide to 

4 a candidate for Member of or Delegate or Resident 

5 Commissioner to the Congress a rate card that dis6 closes—

7 ‘‘(A) the rate charged under this sub8 section; and 

9 ‘‘(B) the method that the licensee uses to 

10 determine the rate charged under this sub11 section.’’. 

12 (b) PREEMPTION.—Section 315 of such Act (47 

13 U.S.C. 315), as amended by section 301, is amended by 

14 adding at the end the following: 

15 ‘‘(g) PREEMPTION.—

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), a licensee shall not preempt the use of a 

18 broadcasting station by a legally qualified candidate 

19 for Member of or Delegate or Resident Commis20 sioner to the Congress who has purchased and paid 

21 for such use. 

22 ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI23 CENSEE.—If a program to be broadcast by a broad24 casting station is preempted because of cir25 cumstances beyond the control of the broadcasting
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1 station, any candidate advertising spot scheduled to 

2 be broadcast during that program may also be pre3 empted.’’. 

4 (c) REVOCATION OF LICENSE FOR FAILURE TO PER5 MIT ACCESS.—Section 312(a)(7) of such Act (47 U.S.C. 

6 312(a)(7)) is amended—

7 (1) by striking ‘‘or repeated’’; 

8 (2) by inserting ‘‘or cable system’’ after ‘‘broad9 casting station’’; and 

10 (3) by striking ‘‘his candidacy’’ and inserting 

11 ‘‘the candidacy of the candidate, under the same 

12 terms, conditions, and business practices as apply to 

13 the most favored advertiser of the licensee’’. 

14 SEC. 303. LIMIT ON CONGRESSIONAL USE OF THE FRANK15 ING PRIVILEGE. 

16 Section 3210(a)(6) of title 39, United States Code, 

17 is amended by striking subparagraph (A) and inserting 

18 the following: 

19 ‘‘(A)(i) Except as provided in clause (ii), a Member 

20 of Congress shall not mail any mass mailing as franked 

21 mail during the period which begins on the first day of 

22 the primary election period (as described in section 

23 501(12) of the Federal Election Campaign Act of 1971) 

24 and ends on the date of the general election for that office 

25 (other than any portion of such period between the date 
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1 of the primary election and the first day of the general 

2 election period), unless the Member has made a public an3 nouncement that the Member will not be a candidate for 

4 reelection in that year or for election to any other Federal 

5 office. 

6 ‘‘(ii) A Member of Congress may mail a mass mailing 

7 as franked mail if—

8 ‘‘(I) the purpose of the mailing is to commu9 nicate information about a public meeting; and 

10 ‘‘(II) the content of the mailed matter includes 

11 only the Representative’s name, and the date, time, 

12 and place of the public meeting.’’. 

13 TITLE IV—RESTRUCTURING AND 

14 STRENGTHENING OF THE 

15 FEDERAL ELECTION COMMIS16 SION 

17 SEC. 401. APPOINTMENT AND TERMS OF COMMISSIONERS. 

18 (a) IN GENERAL.—Section 306(a) of the Federal 

19 Election Campaign Act of 1971 (2 U.S.C. 437c(a)) is 

20 amended—

21 (1) in paragraph (1)—

22 (A) by striking ‘‘(1) There is established’’ 

23 and inserting ‘‘(1)(A) There is established’’; 

24 (B) by striking the second sentence and in25 serting the following: 
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1 ‘‘(B) COMPOSITION OF COMMISSION.—The Commis2 sion is composed of 6 members appointed by the Presi3 dent, by and with the advice and consent of the United 

4 States Senate, and 1 member appointed by the President 

5 from among persons recommended by the Commission as 

6 provided in subparagraph (D).’’; 

7 (C) by striking ‘‘No more than’’ and in8 serting the following: 

9 ‘‘(C) PARTY AFFILIATION.—Not more than’’; and 

10 (D) by adding at the end the following: 

11 ‘‘(D) NOMINATION BY COMMISSION OF ADDITIONAL

12 MEMBER.—

13 ‘‘(i) IN GENERAL.—The members of the Com14 mission shall recommend to the President, by a vote 

15 of 4 members, 3 persons for the appointment to the 

16 Commission. 

17 ‘‘(ii) VACANCY.—On vacancy of the position of 

18 the member appointed under this subparagraph, a 

19 member shall be appointed to fill the vacancy in the 

20 same manner as provided in clause (i).’’; and 

21 (2) in paragraphs (3) and (4), by striking 

22 ‘‘(other than the Secretary of the Senate and the 

23 Clerk of the House of Representatives)’’. 

24 (b) TRANSITION RULE.—Not later than 90 days after 

25 the date of enactment of this Act, the Federal Election 
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1 Commission shall recommend persons for appointment 

2 under section 306(a)(1)(D) of the Federal Election Cam3 paign Act of 1971, as added by subsection (a)(1)(D). 

4 SEC. 402. AUDITS. 

5 Section 311(b) of the Federal Election Campaign Act 

6 of 1971 (2 U.S.C. 438(b)) is amended—

7 (1) by inserting ‘‘(1)’’ before ‘‘The Commis8 sion’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(2) RANDOM AUDITS.—

11 ‘‘(A) IN GENERAL.—Notwithstanding para12 graph (1), after every primary, general, and 

13 runoff election, the Commission may conduct 

14 random audits and investigations to ensure vol15 untary compliance with this Act. 

16 ‘‘(B) SELECTION OF SUBJECTS.—The sub17 jects of audits and investigations under this 

18 paragraph shall be selected on the basis of im19 partial criteria established by a vote of at least 

20 4 members of the Commission. 

21 ‘‘(C) EXCLUSION.—This paragraph does 

22 not apply to an authorized committee of a can23 didate for President or Vice President subject 

24 to audit under chapter 95 or 96 of the Internal 

25 Revenue Code of 1986.’’. 
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1 SEC. 403. AUTHORITY TO SEEK INJUNCTION. 

2 Section 309(a) of the Federal Election Campaign Act 

3 of 1971 (2 U.S.C. 437g(a)) is amended—

4 (1) by adding at the end the following: 

5 ‘‘(13) AUTHORITY TO SEEK INJUNCTION.—

6 ‘‘(A) IN GENERAL.—If, at any time in a pro7 ceeding described in paragraph (1), (2), (3), or (4), 

8 the Commission believes that—

9 ‘‘(i) there is a substantial likelihood that a 

10 violation of this Act is occurring or is about to 

11 occur; 

12 ‘‘(ii) the failure to act expeditiously will re13 sult in irreparable harm to a party affected by 

14 the potential violation;

15 ‘‘(iii) expeditious action will not cause 

16 undue harm or prejudice to the interests of oth17 ers; and 

18 ‘‘(iv) the public interest would be best 

19 served by the issuance of an injunction; 

20 the Commission may initiate a civil action for a tem21 porary restraining order or preliminary injunction 

22 pending the outcome of proceedings under para23 graphs (1), (2), (3), and (4). 

24 ‘‘(B) VENUE.—An action under subparagraph 

25 (A) shall be brought in the United States district 

26 court for the district in which the defendant resides,
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1 transacts business, or may be found, or in which the 

2 violation is occurring, has occurred, or is about to 

3 occur.’’; 

4 (2) in paragraph (7), by striking ‘‘(5) or (6)’’ 

5 and inserting ‘‘(5), (6), or (13)’’; and 

6 (3) in paragraph (11), by striking ‘‘(6)’’ and in7 serting ‘‘(6) or (13)’’. 

8 SEC. 404. STANDARD FOR INVESTIGATION. 

9 Section 309(a)(2) of the Federal Election Campaign 

10 Act of 1971 (2 U.S.C. 437f(a)(2)) is amended by striking 

11 ‘‘reason to believe that’’ and inserting ‘‘reason to open an 

12 investigation on whether’’. 

13 SEC. 405. PETITION FOR CERTIORARI. 

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

15 Act of 1971 (2 U.S.C. 437d(a)) is amended by inserting 

16 ‘‘(including a proceeding before the Supreme Court on cer17 tiorari)’’ after ‘‘appeal’’. 

18 SEC. 406. EXPEDITED PROCEDURES. 

19 Section 309(a) of the Federal Election Campaign Act 

20 of 1971 (2 U.S.C. 437g(a)), as amended by section 403, 

21 is amended by adding at the end the following: 

22 ‘‘(14) EXPEDITED PROCEDURE.—

23 ‘‘(A) 60 DAYS BEFORE A GENERAL ELEC24 TION.—If the complaint in a proceeding was 

25 filed within 60 days before the date of a general 
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1 election, the Commission may take action de2 scribed in this subparagraph. 

3 ‘‘(B) RESOLUTION BEFORE AN ELEC4 TION.—If the Commission determines, on the 

5 basis of facts alleged in the complaint and other 

6 facts available to the Commission, that there is 

7 clear and convincing evidence that a violation of 

8 this Act has occurred, is occurring, or is about 

9 to occur and it appears that the requirements 

10 for relief stated in clauses (ii), (iii), and (iv) of 

11 paragraph (13)(A) are met, the Commission 

12 may—

13 ‘‘(i) order expedited proceedings, 

14 shortening the time periods for proceedings 

15 under paragraphs (1), (2), (3), and (4) as 

16 necessary to allow the matter to be re17 solved in sufficient time before the election 

18 to avoid harm or prejudice to the interests 

19 of the parties; or 

20 ‘‘(ii) if the Commission determines 

21 that there is insufficient time to conduct 

22 proceedings before the election, imme23 diately seek relief under paragraph 

24 (13)(A). 
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1 ‘‘(C) MERITLESS COMPLAINTS.—If the 

2 Commission determines, on the basis of facts 

3 alleged in the complaint and other facts avail4 able to the Commission, that the complaint is 

5 clearly without merit, the Commission may—

6 ‘‘(i) order expedited proceedings, 

7 shortening the time periods for proceedings 

8 under paragraphs (1), (2), (3), and (4) as 

9 necessary to allow the matter to be re10 solved in sufficient time before the election 

11 to avoid harm or prejudice to the interests 

12 of the parties; or 

13 ‘‘(ii) if the Commission determines 

14 that there is insufficient time to conduct 

15 proceedings before the election, summarily 

16 dismiss the complaint.’’. 

17 SEC. 407. PROMOTING EXPEDITED AVAILABILITY OF FEC 

18 REPORTS. 

19 (a) MANDATORY ELECTRONIC FILING.—Section 

20 304(a)(11) of the Federal Election Campaign Act of 1971 

21 (2 U.S.C. 434(a)(11)), as amended by section 501 of the 

22 Bipartisan Campaign Reform Act of 2002, is amended—

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

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

25 ‘‘under this Act shall be required to maintain and 
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1 file such designation, statement, or report in elec2 tronic form accessible by computers.’’; 

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

4 hours’’ and all that follows through ‘‘filed electroni5 cally)’’ and inserting ‘‘24 hours’’; and 

6 (3) by striking subparagraph (D). 

7 (b) REQUIRING REPORTS FOR ALL CONTRIBUTIONS

8 MADE TO ANY POLITICAL COMMITTEE WITHIN 90 DAYS

9 OF ELECTION; REQUIRING REPORTS TO BE MADE WITH10 IN 24 HOURS.—Section 304(a)(6) of such Act (2 U.S.C. 

11 434(a)(6)) is amended to read as follows: 

12 ‘‘(6)(A) Each political committee shall notify the Sec13 retary or the Commission, and the Secretary of State, as 

14 appropriate, in writing, of any contribution received by the 

15 committee during the period which begins on the 90th day 

16 before an election and ends at the time the polls close for 

17 such election. This notification shall be made within 24 

18 hours (or, if earlier, by midnight of the day on which the 

19 contribution is deposited) after the receipt of such con20 tribution and shall include the name of the candidate in21 volved (as appropriate) and the office sought by the can22 didate, the identification of the contributor, and the date 

23 of receipt and amount of the contribution. 
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1 ‘‘(B) The notification required under this paragraph 

2 shall be in addition to all other reporting requirements 

3 under this Act.’’. 

4 SEC. 408. POWER TO ISSUE SUBPOENA WITHOUT SIGNA5 TURE OF CHAIRPERSON. 

6 Section 307(a)(3) of the Federal Election Campaign 

7 Act of 1971 (2 U.S.C. 437d(a)(3)) is amended by striking 

8 ‘‘, signed by the chairman or the vice chairman,’’. 

9 TITLE V—MISCELLANEOUS 

10 PROVISIONS 

11 SEC. 501. SEVERABILITY. 

12 If any provision of this Act or amendment made by 

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

14 to any person or circumstance, is held to be unconstitu15 tional, the remainder of this Act and amendments made 

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

17 amendment to any person or circumstance, shall not be 

18 affected by the holding. 

19 SEC. 502. REVIEW OF CONSTITUTIONAL ISSUES. 

20 An appeal may be taken directly to the Supreme 

21 Court of the United States from any final judgment, de22 cree, or order issued by any court ruling on the constitu23 tionality of any provision of this Act or amendment made 

24 by this Act. 
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1 SEC. 503. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act shall 

3 take effect on January 1, 2004.

Æ