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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2056 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2056

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

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2009

Mr. Tierney (for himself and Mr. Platts) introduced the following bill; 
  which was referred to the Committee on House Administration, and in 
addition to the Committees on Energy and Commerce, Ways and Means, and 
   Oversight 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 House elections, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Clean Money, Clean 
Elections Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
     TITLE I--CLEAN ELECTION FINANCING OF HOUSE ELECTION CAMPAIGNS

              Subtitle A--Clean Election Financing Program

Sec. 101. Findings and declarations.
Sec. 102. Eligibility requirements and benefits of clean elections 
                            financing of House election campaigns.
    ``TITLE V--CLEAN ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS

        ``Sec. 501. Definitions.
        ``Sec. 502. House Clean Elections Fund.
        ``Sec. 503. Eligibility for allocations from the Fund.
        ``Sec. 504. Seed money contribution requirement.
        ``Sec. 505. Qualifying contribution requirement.
        ``Sec. 506. Contribution and expenditure requirements.
        ``Sec. 507. Certification by Commission.
        ``Sec. 508. Benefits for participating candidates.
        ``Sec. 509. Allocations from the Fund.
        ``Sec. 510. Payment of fair fight funds.
        ``Sec. 511. Administration of the House clean elections system.
        ``Sec. 512. Violations and penalties.
        ``Sec. 513. Authorization of appropriations.
Sec. 103. Reporting requirements for nonparticipating candidates.
Sec. 104. Modification of electioneering communication reporting 
                            requirements.
Sec. 105. Limitation on coordinated expenditures by political party 
                            committees with participating candidates.
Sec. 106. Treatment of coordinated expenditures as contributions.
Sec. 107. Audits.
Sec. 108. Tax credit for voluntary donations to House Clean Elections 
                            Fund.
             Subtitle B--Clean Elections Review Commission

Sec. 111. Establishment of Commission.
Sec. 112. Structure and membership of the Commission.
Sec. 113. Powers of the Commission.
Sec. 114. Administration.
Sec. 115. Authorization of appropriations.
                      TITLE II--VOTER INFORMATION

Sec. 201. Free broadcast time.
Sec. 202. Broadcast rates and preemption.
Sec. 203. Limit on Congressional use of the franking privilege.
     TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION

Sec. 301. Petition for certiorari.
Sec. 302. Promoting expedited availability of FEC reports.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Severability.
Sec. 402. Review of constitutional issues.
Sec. 403. Effective date.

     TITLE I--CLEAN ELECTION FINANCING OF HOUSE ELECTION CAMPAIGNS

              Subtitle A--Clean Election Financing Program

SEC. 101. FINDINGS AND DECLARATIONS.

    (a) Undermining of Democracy by Campaign Contributions From Private 
Sources.--The House finds and declares that the current system of 
privately financed campaigns for election to the United States House 
has the capacity, and is often perceived by the public, to undermine 
democracy in the United States by--
            (1) creating a conflict of interest, perceived or real, by 
        encouraging Representatives to accept large campaign 
        contributions from private interests that are directly affected 
        by Federal legislation;
            (2) diminishing or giving the appearance of diminishing a 
        Representative's accountability to constituents by compelling 
        legislators to be accountable to the major contributors who 
        finance their election campaigns;
            (3) violating the democratic principle of ``one person, one 
        vote'' and diminishing the meaning of the right to vote by 
        allowing monied interests to have a disproportionate and unfair 
        influence within the political process;
            (4) imposing large, unwarranted costs on taxpayers through 
        legislative and regulatory outcomes shaped by unequal access to 
        lawmakers for campaign contributors;
            (5) driving up the cost of election campaigns, making it 
        difficult for qualified candidates without personal wealth or 
        access to campaign contributions from monied individuals and 
        interest groups to mount competitive House election campaigns;
            (6) disadvantaging challengers, because large campaign 
        contributors tend to donate their money to incumbent 
        Representatives, thus causing House elections to be less 
        competitive; and
            (7) burdening incumbents with a preoccupation with 
        fundraising and thus decreasing the time available to carry out 
        their public responsibilities.
    (b) Enhancement of Democracy by Providing Allocations From the 
House Clean Elections Fund.--The House finds and declares that 
providing the option of the replacement of private campaign 
contributions with allocations from the House Clean Elections Fund for 
all primary, runoff, and general elections to the House would enhance 
American democracy by--
            (1) eliminating the potentially inherent conflict of 
        interest created by the private financing of the election 
        campaigns of public officials, thus restoring public confidence 
        in the integrity and fairness of the electoral and legislative 
        processes;
            (2) increasing the public's confidence in the 
        accountability of Representatives to the constituents who elect 
        them;
            (3) helping to eliminate access to wealth as a determinant 
        of a citizen's influence within the political process and to 
        restore meaning to the principle of ``one person, one vote'';
            (4) reversing the escalating cost of elections and saving 
        taxpayers billions of dollars that are (or that are perceived 
        to be) currently allocated based upon legislative and 
        regulatory agendas skewed by the influence of campaign 
        contributions;
            (5) creating a more level playing field for incumbents and 
        challengers by creating genuine opportunities for all Americans 
        to run for the House and by encouraging more competitive 
        elections; and
            (6) freeing Representatives from the incessant 
        preoccupation with raising money, and allowing them more time 
        to carry out their public responsibilities.

SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF CLEAN ELECTIONS 
              FINANCING OF HOUSE ELECTION CAMPAIGNS.

    The Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is 
amended by adding at the end the following:

    ``TITLE V--CLEAN ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS

``SEC. 501. DEFINITIONS.

    ``In this title:
            ``(1) Allocation from the fund.--The term `allocation from 
        the Fund' means an allocation of money from the House Clean 
        Elections Fund to a participating candidate pursuant to 
        sections 510 and 511.
            ``(2) Clean elections qualifying period.--The term `clean 
        elections qualifying period' means the period beginning on the 
        date that is 180 days before the date of the primary election 
        and ending on the date that is 30 days before the date of the 
        primary election or, in the case of a State that does not hold 
        a primary election, the date prescribed by State law as the 
        last day to qualify for a position on the general election 
        ballot. In the event of a special election, the clean money 
        qualifying period shall begin on the earlier date of either the 
        date that is 180 days before the date of the special election 
        or on the date of announcement of such special election date if 
        same as within 180 days of the date of the special election. It 
        shall end on the date that is 30 days before the date of the 
        special election.
            ``(3) Clean elections start date.--The term `clean 
        elections start date' means, with respect to any candidate, the 
        date that is 180 days before--
                    ``(A) the date of the primary election; or
                    ``(B) in the case of a State that does not hold a 
                primary election, the date prescribed by State law as 
                the last day to qualify for a position on the general 
                election ballot.
            ``(4) Fund.--The term `Fund' means the House Clean 
        Elections Fund established by section 502.
            ``(5) General election period.--The term `general election 
        period' means, with respect to a candidate, the period 
        beginning on the day after the date of the primary or primary 
        runoff election for the specific office that the candidate is 
        seeking, whichever is later, and ending on the earlier of--
                    ``(A) the date of the general election; or
                    ``(B) the date on which the candidate withdraws 
                from the campaign or otherwise ceases actively to seek 
                election.
            ``(6) General runoff election period.--The term `general 
        runoff election period' means, with respect to a candidate, the 
        period beginning on the day following the date of the last 
        general election for the specific office that the candidate is 
        seeking and ending on the date of the runoff election for that 
        office.
            ``(7) Immediate family.--The term `immediate family' means, 
        with respect to any candidate--
                    ``(A) the candidate's spouse;
                    ``(B) a child, stepchild, parent, grandparent, 
                brother, half-brother, sister, or half-sister of the 
                candidate or the candidate's spouse; and
                    ``(C) the spouse of any person described in 
                subparagraph (B).
            ``(8) Independent candidate.--The term `independent 
        candidate' means a candidate for Representative who is--
                    ``(A) not affiliated with any political party; or
                    ``(B) affiliated with a political party that--
                            ``(i) in the case of a candidate in a State 
                        that holds a primary election for 
                        Representative, does not hold a primary 
                        election for Representative; or
                            ``(ii) in the case of a candidate in a 
                        State that does not hold primary election for 
                        Representative, does not have ballot status in 
                        such State.
            ``(9) Major party candidate.--
                    ``(A) In general.--The term `major party candidate' 
                means a candidate for Representative who is affiliated 
                with a major political party.
                    ``(B) Major political party.--The term `major 
                political party' means, with respect to any State, a 
                political party of which a candidate for the office of 
                Representative, President, or Governor in the preceding 
                5 years, received, as a candidate of that party in such 
                State, 25 percent or more of the total number of 
                popular votes cast for such office in such State.
            ``(10) Minor party candidate.--The term `minor party 
        candidate' means a candidate for Representative who is 
        affiliated with a political party that--
                    ``(A) holds a primary for House nominations; and
                    ``(B) is not a major political party.
            ``(11) Nonparticipating candidate.--The term 
        `nonparticipating candidate' means a candidate for 
        Representative or Delegate or Resident Commissioner to the 
        Congress who is not a participating candidate.
            ``(12) Participating candidate.--The term `participating 
        candidate' means a candidate for Representative who is 
        certified under section 507 as being eligible to receive an 
        allocation from the Fund.
            ``(13) Primary election period.--The term `primary election 
        period' means the period beginning on the date that is 90 days 
        before the date of the primary election and ending on the date 
        of the primary election. In the event of a special primary 
        election, if applicable, such term means the period beginning 
        on the date that is the longer of 90 days before the date of 
        such special primary election, or the date of establishment by 
        the appropriate election authority of the special primary 
        election date and ending on the date of the special primary 
        election.
            ``(14) Primary election runoff period.--The term `primary 
        election runoff period' means, with respect to a candidate, the 
        period beginning on the day following the date of the last 
        primary election for the specific office that the candidate is 
        seeking and ending on the date of the runoff election for that 
        office.
            ``(15) Qualifying contribution.--The term `qualifying 
        contribution' means, with respect to a candidate, a 
        contribution that--
                    ``(A) is in the amount of $5 exactly;
                    ``(B) is made by an individual who--
                            ``(i) is a resident of the State with 
                        respect to which the candidate is seeking 
                        election; and
                            ``(ii) is not prohibited from making a 
                        contribution under this Act;
                    ``(C) is made during the clean elections qualifying 
                period; and
                    ``(D) meets the requirements of section 505(c).
            ``(16) Representative.--The term `Representative' includes 
        a Delegate or Resident Commissioner to the Congress.
            ``(17) Seed money contribution.--The term `seed money 
        contribution' means a contribution or contributions by any 1 
        individual--
                    ``(A) aggregating not more than $100; and
                    ``(B) made to a candidate after the date of the 
                most recent previous election for the office which the 
                candidate is seeking and before the date the candidate 
                has been certified as a participating candidate under 
                section 507(a).
            ``(18) State.--The term `State' includes the District of 
        Columbia, Puerto Rico, the Virgin Islands, American Samoa, and 
        Guam.

``SEC. 502. HOUSE CLEAN ELECTIONS FUND.

    ``(a) Establishment.--There is established in the Treasury a fund 
to be known as the `House Clean Elections Fund'.
    ``(b) Deposits.--The Commission shall deposit unspent seed money 
contributions, qualifying contributions, penalty amounts received under 
this title, and amounts appropriated for clean money financing in the 
House Clean Elections Fund.
    ``(c) Investment.--The Commission shall invest portions of the Fund 
in obligations of the United States in the same manner as provided 
under section 9602(b) of the Internal Revenue Code of 1986.
    ``(d) Use of Fund.--
            ``(1) In general.--The sums in the House Clean Elections 
        Fund shall be used to make allocations to participating 
        candidates in accordance with sections 510 and 511.
            ``(2) Insufficient amounts.--Under regulations established 
        by the Commission, rules similar to the rules of section 
        9006(c) of the Internal Revenue Code shall apply.

``SEC. 503. ELIGIBILITY FOR ALLOCATIONS FROM THE FUND.

    ``(a) In General.--A candidate for Representative is eligible to 
receive an allocation from the Fund for any election if the candidate 
meets the following requirements:
            ``(1) The candidate files with the Commission a statement 
        of intent to seek certification as a participating candidate 
        under this title during the period beginning on the clean 
        elections start date and ending on the last day of the clean 
        elections qualifying period.
            ``(2) The candidate has complied with the seed money 
        contribution requirements of section 504.
            ``(3) The candidate meets the qualifying contribution 
        requirements of section 505.
            ``(4) Not later than the last day of the clean elections 
        qualifying period, the candidate files with the Commission an 
        affidavit signed by the candidate and the treasurer of the 
        candidate's principal campaign committee declaring that the 
        candidate--
                    ``(A) has complied and, if certified, will comply 
                with the contribution and expenditure requirements of 
                section 506;
                    ``(B) if certified, will not run as a 
                nonparticipating candidate during such year in any 
                election for the office that such candidate is seeking; 
                and
                    ``(C) has either qualified or will take steps to 
                qualify under State law to be on the ballot.
    ``(b) General Election.--Notwithstanding subsection (a), a 
candidate shall not be eligible to receive an allocation from the Fund 
for a general election or a general run off election unless the 
candidate's party nominated the candidate to be placed on the ballot 
for the general election or the candidate qualified to be placed on the 
ballot as an independent candidate, and the candidate is qualified 
under State law to be on the ballot.

``SEC. 504. SEED MONEY CONTRIBUTION REQUIREMENT.

    ``A candidate for Representative meets the seed money contribution 
requirements of this section if the candidate meets the following 
requirements:
            ``(1) Separate accounting.--The candidate maintains seed 
        money contributions in a separate account.
            ``(2) Limitation on amount.--The candidate deposits into 
        the House Clean Elections Fund or returns to donors an amount 
        equal to the amount of any seed money contributions which, in 
        the aggregate, exceed the sum of $50,000.
            ``(3) Use of seed money.--The candidate makes expenditures 
        from seed money contributions only for campaign-related costs.
            ``(4) Records.--The candidate maintains a record of the 
        name and street address of any contributor of a seed money 
        contribution and the amount of any such contribution.
            ``(5) Report.--Unless a seed money contribution or an 
        expenditure made with a seed money contribution has been 
        reported previously under section 304, the candidate files with 
        the Commission a report disclosing all seed money contributions 
        and expenditures not later than 48 hours after receiving 
        notification of the determination with respect to the 
        certification of the candidate under section 507.
            ``(6) Time to accept seed money contributions.--A clean 
        elections candidate may accept seed money contributions for an 
        election from the day after the date of the previous general 
        election for the office to which the candidate is seeking 
        election through the earliest date on which the Commission 
        makes funds available to the candidate for an election period 
        under paragraph (1) or (2) of section 506(b).
            ``(7) Deposit of unspent seed money contributions.--A clean 
        elections candidate shall remit any unspent seed money to the 
        Commission, for deposit in the House Clean Elections Fund, not 
        later than the earliest date on which the Commission makes 
        funds available to the candidate for an election period.

``SEC. 505. QUALIFYING CONTRIBUTION REQUIREMENT.

    ``(a) Major Party Candidates and Certain Independent Candidates.--
The requirement of this section is met if, during the clean money 
qualifying period, a major party candidate (or an independent candidate 
who meets the minimum vote percentage required for a major party 
candidate under section 501(9)) receives 1,500 qualifying 
contributions.
    ``(b) Other Candidates.--The requirement of this section is met if, 
during the clean money qualifying period, a candidate who is not 
described in subsection (a) receives a number of qualifying 
contributions that is at least 150 percent of the number of qualifying 
contributions that a candidate described in subsection (a) in the same 
election is required to receive under subsection (a).
    ``(c) Receipt of Qualifying Contribution.--A qualifying 
contribution shall--
            ``(1) be accompanied by the contributor's name and home 
        address;
            ``(2) be accompanied by a signed statement that the 
        contributor understands the purpose of the qualifying 
        contribution;
            ``(3) be made by a personal check, debit card, credit card, 
        or money order payable to the House Clean Elections Fund or by 
        cash; and
            ``(4) 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 candidate's State.
    ``(d) Deposit of Qualifying Contributions in House Clean Elections 
Fund.--
            ``(1) In general.--Not later than the date that is 1 day 
        after the date on which the candidate is certified under 
        section 507, a candidate shall remit all qualifying 
        contributions to the Commission for deposit in the House Clean 
        Elections Fund.
            ``(2) Candidates that are not certified.--Not later than 
        the last day of the clean money qualifying period, a candidate 
        who has received qualifying contributions and is not certified 
        under section 507 shall remit all qualifying contributions to 
        the Commission for deposit in the House Clean Elections Fund.
    ``(e) 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 section. Such procedures may provide for 
verification through the means of a postcard or other method, as 
determined by the Commission.

``SEC. 506. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.

    ``A candidate for Representative meets the requirements of this 
section if, during the election cycle of the candidate, the candidate--
            ``(1) except as provided in subsection (b), accepts no 
        contributions other than--
                    ``(A) seed money contributions;
                    ``(B) qualifying contributions made payable to the 
                House Clean Elections Fund; and
                    ``(C) allocations from the House Clean Elections 
                Fund under sections 510 and 511;
            ``(2) makes no expenditures from any amounts other than 
        from--
                    ``(A) amounts received from seed money 
                contributions; and
                    ``(B) amounts received from the House Clean 
                Elections Fund; and
            ``(3) makes no expenditures from personal funds or the 
        funds of any immediate family member (other than funds received 
        through seed money contributions).
For purposes of this subsection, a payment made by a political party in 
coordination with a participating candidate shall not be treated as a 
contribution to or as an expenditure made by the participating 
candidate.

``SEC. 507. CERTIFICATION BY COMMISSION.

    ``(a) In General.--Not later than 5 days after a candidate for 
Representative files an affidavit under section 503(a)(4), the 
Commission shall--
            ``(1) determine whether the candidate meets the eligibility 
        requirements of section 503;
            ``(2) certify whether or not the candidate is a 
        participating candidate; and
            ``(3) notify the candidate of the Commission's 
        determination.
    ``(b) Revocation of Certification.--
            ``(1) In general.--The Commission may revoke a 
        certification under subsection (a) if--
                    ``(A) a candidate fails to qualify to appear on the 
                ballot at any time after the date of certification; or
                    ``(B) a candidate otherwise fails to comply with 
                the requirements of this title.
            ``(2) Repayment of benefits.--If certification is revoked 
        under paragraph (1), the candidate shall repay to the House 
        Clean Elections Fund an amount equal to the value of benefits 
        received under this title plus interest (at a rate determined 
        by the Commission) on any such amount received.

``SEC. 508. BENEFITS FOR PARTICIPATING CANDIDATES.

    ``(a) In General.--A participating candidate shall be entitled to--
            ``(1) for each election with respect to which a candidate 
        is certified as a participating candidate--
                    ``(A) an allocation from the Fund to make or 
                obligate to make expenditures with respect to such 
                election, as provided in section 510;
                    ``(B) fair fight funds, as provided in section 511; 
                and
            ``(2) media benefits under section 315 of the 
        Communications Act of 1934 (47 U.S.C. 315).
    ``(b) Restriction on Uses of Allocations From the Fund.--
Allocations from the Fund received by a participating candidate under 
sections 510 and 511 may only be used for campaign-related costs.
    ``(c) Remitting Allocations From the Fund.--Not later than the date 
that is 45 days after the date of the election, a participating 
candidate shall remit to the Commission for deposit in the House Clean 
Elections Fund any unspent amounts paid to such candidate under this 
title for such election.

``SEC. 509. ALLOCATIONS FROM THE FUND.

    ``(a) In General.--The Commission shall make allocations from the 
Fund under section 508(a)(1)(A) to a participating candidate--
            ``(1) in the case of amounts provided under subsection 
        (c)(1), not later than 48 hours after the date on which such 
        candidate is certified as a participating candidate under 
        section 507;
            ``(2) in the case of a general election, not later than 48 
        hours after--
                    ``(A) the date the certification of the results of 
                the primary election or the primary runoff election; or
                    ``(B) in any case in which there is no primary 
                election, the date the candidate qualifies to be placed 
                on the ballot; and
            ``(3) in the case of a primary runoff election or a general 
        runoff election, not later than 48 hours after the 
        certification of the results of the primary election or the 
        general election, as the case may be.
    ``(b) 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 card.
    ``(c) Money Amounts.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        clean money amount paid to a clean money candidate with respect 
        to an election shall be equal to the applicable percentage of 
        80 percent of the base amount for the election cycle involved, 
        except that in no event may the amount determined under this 
        subsection for a clean money candidate for an election cycle be 
        less than the amount determined under this subsection for the 
        candidate for the previous election cycle.
            ``(2) Reduction for uncontested elections.--If a clean 
        money candidate has no opposition in an election for which a 
        payment is made under this section, the clean money amount paid 
        shall be 40 percent of the amount otherwise determined under 
        paragraph (1).
            ``(3) Definitions.--
                    ``(A) Applicable percentage.--In this subsection, 
                the `applicable percentage' is as follows:
                            ``(i) 25 percent, in the case of a minor 
                        party or independent candidate in a primary 
                        election.
                            ``(ii) 40 percent, in the case of a major 
                        party candidate in a primary election.
                            ``(iii) 60 percent, in the case of any 
                        candidate in a general election.
                    ``(B) Base amount.--In this subsection, the term 
                `base amount' means (with respect to an election cycle) 
                the national average of all amounts expended by winning 
                candidates during the 2 most recent general elections 
                for Representative preceding the election cycle 
                involved.
            ``(4) Adjustment by media market.--
                    ``(A) In general.--The Commission, in consultation 
                with the Federal Communications Commission, shall 
                establish an index reflecting the costs of the media 
                markets in each State.
                    ``(B) Adjustment.--At the beginning of each year, 
                the Commission shall increase the amount under 
                paragraph (1) (after application of paragraph (3)) 
                based on the index established under subparagraph (A).

``SEC. 510. PAYMENT OF FAIR FIGHT FUNDS.

    ``(a) Determination of Right to Payment.--
            ``(1) In general.--The Commission shall, on a regular 
        basis, make a determination on--
                    ``(A) the amount of opposing funds with respect to 
                each participating candidate, and
                    ``(B) the applicable amount with respect to each 
                participating candidate.
            ``(2) Basis of determinations.--The Commission shall make 
        determinations under paragraph (1) based on--
                    ``(A) reports filed by the relevant opposing 
                candidate under section 304(a) with respect to amounts 
                described in subsection (c)(1)(A)(i)(I); and
                    ``(B) reports filed by political committees under 
                section 304(a) and by other persons under section 
                304(c) with respect to--
                            ``(i) opposing funds described in clauses 
                        (ii)(I) and (iii)(I) of subsection (c)(1)(A); 
                        and
                            ``(ii) applicable amounts described in 
                        subparagraphs (B)(i) and (C)(i) of subsection 
                        (b)(2).
            ``(3) Requests for determination relating to certain 
        electioneering communications.--
                    ``(A) In general.--A participating candidate may 
                request to the Commission to make a determination under 
                paragraph (1) with respect to any relevant opposing 
                candidate with respect to--
                            ``(i) opposing funds described in clauses 
                        (ii)(II) and (iii)(II) of subsection (c)(1)(A); 
                        and
                            ``(ii) applicable amounts described in 
                        subparagraphs (B)(ii) and (C)(ii) of subsection 
                        (b)(2).
                    ``(B) Time for making determination.--In the case 
                of any such request, the Commission shall make such 
                determination and notify the participating candidate of 
                such determination not later than--
                            ``(i) 24 hours after receiving such request 
                        during the 3-week period ending on the date of 
                        the election, and
                            ``(ii) 48 hours after receiving such 
                        request at any other time.
    ``(b) Payments.--
            ``(1) In general.--The Commission shall make available to 
        the participating candidate fair fight funds in an amount equal 
        to the amount of opposing funds that is in excess of the 
        applicable amount--
                    ``(A) immediately after making any determination 
                under subsection (a) with respect to any participating 
                candidate during the 3-week period ending on the date 
                of the election, and
                    ``(B) not later than 24 hours after making such 
                determination at any other time.
            ``(2) Applicable amount.--For purposes of this section, the 
        applicable amount is an amount equal to the sum of--
                    ``(A) the sum of--
                            ``(i) the amount of seed money contribution 
                        received by the participating candidate; plus
                            ``(ii)(I) in the case of a participating 
                        candidate who is a minor party candidate 
                        running in a general election or an independent 
                        candidate, the allocation from the Fund which 
                        would have been provided to such candidate for 
                        such election if such candidate were a major 
                        party candidate; or
                            ``(II) in the case of any other 
                        participating candidate, an amount equal to the 
                        allocation from the Fund to such candidate for 
                        such election under section 510(c); and
                    ``(B) the amount of fair fight funds previously 
                provided to the participating candidate under this 
                subsection for the election.
            ``(3) Limits on amount of payment.--The aggregate of fair 
        fight funds that a participating candidate receives under this 
        subsection for any election shall not exceed 200 percent of the 
        allocation from the Fund that the participating candidate 
        receives for such election under section 510(c).
    ``(c) Definitions.--For purposes of this section--
            ``(1) Opposing funds.--
                    ``(A) In general.--The term `opposing funds' means, 
                with respect to any participating candidate for any 
                election, the sum of--
                            ``(i)(I) the greater of the total 
                        contributions received by the relevant opposing 
                        candidate or the total expenditures made by 
                        such relevant opposing candidate; or
                            ``(II) in the case of a relevant opposing 
                        candidate who is a participating candidate, an 
                        amount equal to the sum of the amount of seed 
                        money contributions received by the relevant 
                        opposing candidate, the value of any vouchers 
                        received by the relevant opposing candidate for 
                        the general election under section 315A of the 
                        Communications Act of 1934, and the allocation 
                        from the Fund under section 510(c) for the 
                        relevant opposing candidate for such election;
                            ``(ii) the sum of--
                                    ``(I) the amount of independent 
                                expenditures made advocating the 
                                election of such relevant opposing 
                                candidate; plus
                                    ``(II) the amount of disbursements 
                                for electioneering communications which 
                                promote or support such relevant 
                                opposing candidate; plus
                            ``(iii) the sum of--
                                    ``(I) the amount of independent 
                                expenditures made advocating the defeat 
                                of such participating candidate; plus
                                    ``(II) the amount of disbursements 
                                for electioneering communications which 
                                attack or oppose such participating 
                                candidate.
            ``(2) Relevant opposing candidate.--The term `relevant 
        opposing candidate' means, with respect to any participating 
        candidate, the opposing candidate of such participating 
        candidate with respect to whom the amount under paragraph (1) 
        is the greatest.
            ``(3) Electioneering communication.--The term 
        `electioneering communication' has the meaning given such term 
        under section 304(f)(3), except that subparagraph 
        (A)(i)(II)(aa) thereof shall be applied by substituting `30' 
        for `60'.

``SEC. 511. ADMINISTRATION OF THE HOUSE CLEAN ELECTIONS SYSTEM.

    ``(a) Regulations.--The Commission shall prescribe regulations to 
carry out the purposes of this title, including regulations--
            ``(1) to establish procedures for--
                    ``(A) verifying the amount of valid qualifying 
                contributions with respect to a candidate;
                    ``(B) effectively and efficiently monitoring and 
                enforcing the limits on the use of personal funds by 
                participating candidates;
                    ``(C) the expedited payment of fair fight funds 
                during the 3-week period ending on the date of the 
                election;
                    ``(D) monitoring the use of allocations from the 
                Fund under this title through audits or other 
                mechanisms; and
                    ``(E) returning unspent disbursements and disposing 
                of assets purchased with allocations from the Fund;
            ``(2) providing for the administration of the provisions of 
        this title with respect to special elections;
            ``(3) pertaining to the replacement of candidates; and
            ``(4) for attributing expenditures to specific elections 
        for the purposes of calculating opposing funds.
    ``(b) Operation of Commission.--The Commission shall maintain 
normal business hours during the weekend immediately before any general 
election for the purposes of administering the provisions of this 
title, including the distribution of fair fight funds under section 
511.
    ``(c) Reports.--Not later than April 1, 2011, and every 2 years 
thereafter, the Commission shall submit to the Committee on House 
Administration of the House of Representatives a report documenting, 
evaluating, and making recommendations relating to the administrative 
implementation and enforcement of the provisions of this title.

``SEC. 512. VIOLATIONS AND PENALTIES.

    ``(a) Civil Penalty for Violation of Contribution and Expenditure 
Requirements.--If a candidate who has been certified as a participating 
candidate under section 507(a) accepts a contribution or makes an 
expenditure that is prohibited under section 506, the Commission shall 
assess a civil penalty against the candidate in an amount that is not 
more than 10 times the amount of the contribution or expenditure. Any 
amounts collected under this subsection shall be deposited into the 
House Clean Elections Fund.
    ``(b) Repayment for Improper Use of Clean Elections Fund.--
            ``(1) In general.--If the Commission determines that any 
        benefit made available to a participating candidate under this 
        title was not used as provided for in this title or that a 
        participating candidate has violated any of the dates for 
        remission of funds contained in this title, the Commission 
        shall so notify the candidate and the candidate shall pay to 
        the House Clean Elections Fund an amount equal to--
                    ``(A) the amount of benefits so used or not 
                remitted, as appropriate, and
                    ``(B) interest on any such amounts (at a rate 
                determined by the Commission).
            ``(2) 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 309(a), including a referral by the 
        Commission to the Attorney General in the case of an apparent 
        knowing and willful violation of this title.

``SEC. 513. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the House Clean 
Elections Fund such sums as are necessary to carry out this title.''.

SEC. 103. REPORTING REQUIREMENTS FOR NONPARTICIPATING CANDIDATES.

    (a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 434) is amended by adding at the end the following:
    ``(j) Nonparticipating Candidates.--
            ``(1) Initial report.--
                    ``(A) In general.--Each nonparticipating candidate 
                who is opposed to a participating candidate and who 
                receives contributions or makes expenditures 
                aggregating more than the threshold amount shall, 
                within 48 hours of the date such aggregate 
                contributions or expenditures exceed the threshold 
                amount, file with the Commission a report stating the 
                total amount of contributions received and expenditures 
                made or obligated by such candidate.
                    ``(B) Threshold amount.--For purposes of this 
                paragraph, the term `threshold amount' means 75 percent 
                of the allocation from the Fund that a participating 
                candidate would be entitled to receive in such election 
                under section 510 if the participating candidate were a 
                major party candidate.
            ``(2) Periodic reports.--
                    ``(A) In general.--In addition to any reports 
                required under subsection (a), each nonparticipating 
                candidate who is required to make a report under 
                paragraph (1) shall make the following reports:
                            ``(i) A report which shall be filed not 
                        later than 5 p.m. on the forty-second day 
                        before the date on which the election involving 
                        such candidate is held and which shall be 
                        complete through the forty-fourth day before 
                        such date.
                            ``(ii) A report which shall be filed not 
                        later than 5 p.m. on the twenty-first day 
                        before the date on which the election involving 
                        such candidate is held and which shall be 
                        complete through the twenty-third day before 
                        such date.
                            ``(iii) A report which shall be filed not 
                        later than 5 p.m. on the twelfth day before the 
                        date on which the election involving such 
                        candidate is held and which shall be complete 
                        through the fourteenth day before such date.
                    ``(B) Additional reporting within 2 weeks of 
                election.--Each nonparticipating candidate who is 
                required to make a report under paragraph (1) and who 
                receives contributions or makes expenditures 
                aggregating more than $1,000 at any time after the 
                fourteenth day before the date of the election 
                involving such candidate shall make a report to the 
                Commission not later than 24 hours after such 
                contributions are received or such expenditures are 
                made.
                    ``(C) Contents of report.--Each report required 
                under this paragraph shall state the total amount of 
                contributions received and expenditures made or 
                obligated to be made during the period covered by the 
                report.
            ``(3) Definitions.--For purposes of this subsection and 
        section 309(a)(13), the terms `nonparticipating candidate', 
        `participating candidate', and `allocation from the Fund' have 
        the respective meanings given to such terms under section 
        501.''.
    (b) Increased Penalty for Failure To File.--Section 309(a) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 437(g)) is amended by 
adding at the end the following new paragraph:
            ``(13) Increased civil penalties with respect to reporting 
        by nonparticipating candidates.--For purposes of paragraphs (5) 
        and (6), any civil penalty with respect to a violation of 
        section 304(i) shall not exceed the greater of--
                    ``(A) the amount otherwise applicable without 
                regard to this paragraph; or
                    ``(B) for each day of the violation, 3 times the 
                amount of the fair fight funds under section 511 that 
                otherwise would have been allocated to the 
                participating candidate but for such violation.''.

SEC. 104. MODIFICATION OF ELECTIONEERING COMMUNICATION REPORTING 
              REQUIREMENTS.

    Paragraph (2) of section 304(f) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 434(f)(2)) is amended by redesignating 
subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, 
and by inserting after subparagraph (D) the following new subparagraph:
                    ``(E) in the case of a communication referring to 
                any candidate in an election involving a participating 
                candidate (as defined under section 501(9)), a 
                transcript of the electioneering communication.''.

SEC. 105. LIMITATION ON COORDINATED EXPENDITURES BY POLITICAL PARTY 
              COMMITTEES WITH PARTICIPATING CANDIDATES.

    (a) In General.--Section 315(d)(3) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 441a(d)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively; and
            (2) by inserting before subparagraph (B), as redesignated 
        by paragraph (1), the following new subparagraph:
                    ``(A) in the case of a candidate for election to 
                the office of Representative who is a participating 
                candidate (as defined in section 501), the lesser of--
                            ``(i) 10 percent of the allocation from the 
                        House Clean Elections Fund that the 
                        participating candidate is eligible to receive 
                        for the general election under section 
                        510(c)(3); or
                            ``(ii) the amount which would (but for this 
                        subparagraph) apply with respect to such 
                        candidate under subparagraph (B);''.
    (b) Conforming Amendment.--Subparagraph (B) of section 315(d)(3) of 
such Act, as redesignated by subsection (a), is amended by inserting 
``who is not a participating candidate (as so defined)'' after ``office 
of Representative''.

SEC. 106. TREATMENT OF COORDINATED EXPENDITURES AS CONTRIBUTIONS.

    (a) In General.--Section 301(8) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 431(8)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``or'' at the end of clause (i);
                    (B) by striking the period at the end of clause 
                (ii) and inserting ``; or''; and
                    (C) by adding at the end the following:
                            ``(iii) a payment made for a communication 
                        or anything of value that is for the purpose of 
                        influencing an election for Federal office and 
                        that is made in coordination with a candidate 
                        (as defined in subparagraph (C)).''; and
            (2) by adding at the end the following:
                    ``(C) For the purposes of subparagraph (A)(iii), 
                the term `payment made in coordination with a 
                candidate' includes--
                            ``(i) a payment made by a person in 
                        cooperation, consultation, or concert with, at 
                        the request or suggestion of, or pursuant to 
                        any general or particular understanding with a 
                        candidate, the candidate's authorized 
                        committee, or an agent acting on behalf of a 
                        candidate or authorized committee;
                            ``(ii) a payment made by a person for the 
                        dissemination, distribution, or republication, 
                        in whole or in part, of any broadcast or any 
                        written, graphic, or other form of campaign 
                        material prepared by a candidate, a candidate's 
                        authorized committee, or an agent of a 
                        candidate or authorized committee (not 
                        including a communication described in 
                        paragraph (9)(B)(i) or a communication that 
                        expressly advocates the candidate's defeat);
                            ``(iii) a payment made based on information 
                        about a candidate's plans, projects, or needs 
                        provided to the person making the payment by 
                        the candidate or the candidate's agent who 
                        provides the information with a view toward 
                        having the payment made;
                            ``(iv) a payment made by a person if, in 
                        the same election cycle in which the payment is 
                        made, the person making the payment is serving 
                        or has served as a member, employee, 
                        fundraiser, or agent of the candidate's 
                        authorized committee in an executive or 
                        policymaking position;
                            ``(v) a payment made by a person if the 
                        person making the payment has served in any 
                        formal policy or advisory position with the 
                        candidate's campaign or has participated in 
                        strategic or policymaking discussions with the 
                        candidate's campaign relating to the 
                        candidate's pursuit of nomination for election, 
                        or election, to Federal office, in the same 
                        election cycle as the election cycle in which 
                        the payment is made; and
                            ``(vi) a payment made by a person if the 
                        person making the payment retains the 
                        professional services of an individual or 
                        person who has provided or is providing 
                        campaign-related services in the same election 
                        cycle to a candidate in connection with the 
                        candidate's pursuit of nomination for election, 
                        or election, to Federal office, including 
                        services relating to the candidate's decision 
                        to seek Federal office, and the payment is for 
                        services of which the purpose is to influence 
                        that candidate's election.
                    ``(D) For purposes of subparagraph (C)(vi), the 
                term `professional services' includes services in 
                support of a candidate's pursuit of nomination for 
                election, or election, to Federal office such as 
                polling, media advice, direct mail, fundraising, or 
                campaign research.''.
    (b) Exception for Clean Money Candidates.--Section 315(a)(7) of 
such Act (2 U.S.C. 441a(a)(7)) is amended by striking paragraph (B) and 
inserting the following:
            ``(B)(i) except as provided in clause (ii), a payment made 
        in coordination with a candidate (as described in section 
        301(8)(A)(iii)) shall be considered to be a contribution to the 
        candidate, and, for the purposes of any provision of this Act 
        that imposes a limitation on the making of expenditures by a 
        candidate, shall be treated as an expenditure by the candidate 
        for purposes of this paragraph, and
            ``(ii) in the case of a clean money candidate (as defined 
        in section 501), a payment made in coordination with a 
        candidate by a committee of a political party shall not be 
        treated as a contribution to the candidate for purposes of 
        section 503(b)(1) or an expenditure made by the candidate for 
        purposes of section 503(b)(2);''.

SEC. 107. AUDITS.

    Section 311(b) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 438(b)) is amended--
            (1) by inserting ``(1)'' before ``The Commission''; and
            (2) by adding at the end the following:
            ``(2) Audits of participating candidates.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                after every primary, general, and runoff election, the 
                Commission shall conduct random audits and 
                investigations of not less than 30 percent of the 
                authorized committees of candidates who are 
                participating candidates (as defined in section 501).
                    ``(B) Selection of subjects.--The subjects of 
                audits and investigations under this paragraph shall be 
                selected on the basis of impartial criteria established 
                by a vote of at least 4 members of the Commission.''.

SEC. 108. TAX CREDIT FOR VOLUNTARY DONATIONS TO HOUSE CLEAN ELECTIONS 
              FUND.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 30E. CREDIT FOR CONTRIBUTIONS TO HOUSE CLEAN ELECTIONS FUND.

    ``(a) Credit Allowed.--There shall be allowed as a credit against 
the tax imposed by this chapter for the taxable year an amount equal to 
the lesser of--
            ``(1) the amount contributed to the House Clean Elections 
        Fund by the taxpayer during such taxable year, or
            ``(2) $500.
    ``(b) Limitations.--
            ``(1) No credit for qualifying contributions.--No credit 
        shall be allowed under subsection (a) for any contribution 
        which is a qualifying contribution (as defined under section 
        501(11) of the Federal Election Campaign Act of 1971).
            ``(2) No credit for designations under section 6097.--No 
        credit shall be allowed with respect to any amount designated 
        under section 6097.
            ``(3) Application with other credits.--The credit allowed 
        by subsection (a) for any taxable year shall not exceed the 
        excess (if any) of--
                    ``(A) the regular tax liability (as defined in 
                section 26(b)) reduced by the sum of the credits 
                allowable under subpart A and sections 27, 30, 30B, 
                30C, and 30D, over
                    ``(B) the tentative minimum tax for the taxable 
                year.
    ``(c) House Clean Elections Fund.--For purposes of this section, 
the term `House Clean Elections Fund' means the fund established under 
section 502 of the Federal Election Campaign Act of 1971.
    ``(d) Denial of Double Benefit.--No deduction shall be allowed 
under this chapter for any amount for which a credit is allowed under 
subsection (a).''.
    (b) Clerical Amendment.--The table of section for subpart B of part 
IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is 
amended by inserting after the item relating to section 30D the 
following new item:

``Sec. 30E. Credit for contributions to House Clean Elections Fund.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2009.

             Subtitle B--Clean Elections Review Commission

SEC. 111. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Clean Elections Review Commission'' (hereafter in this 
subtitle referred to as the ``Commission'').
    (b) Duties.--
            (1) Review of clean elections financing.--
                    (A) In general.--After each general election for 
                Federal office, the Commission shall conduct a 
                comprehensive review of the House clean elections 
                financing program under title V of the Federal Election 
                Campaign Act of 1971, including--
                            (i) the number and value of qualifying 
                        contributions a candidate is required to obtain 
                        under section 505 of such Act to qualify for 
                        allocations from the Fund;
                            (ii) the amount of allocations from the 
                        House Clean Elections Fund that candidates may 
                        receive under sections 510 and 511 of such Act;
                            (iii) the overall satisfaction of 
                        participating candidates with the program; and
                            (iv) such other matters relating to 
                        financing of House campaigns as the Commission 
                        determines are appropriate.
                    (B) Criteria for review.--In conducting the review 
                under subparagraph (A), the Commission shall consider 
                the following:
                            (i) Review of qualifying contribution 
                        requirements.--The Commission shall consider 
                        whether the number and value of qualifying 
                        contributions required strikes a balance 
                        between the importance of voter choice and 
                        fiscal responsibility, taking into 
                        consideration the number of primary and general 
                        election participating candidates, the 
                        electoral performance of those candidates, 
                        program cost, and any other information the 
                        Commission determines is appropriate.
                            (ii) Review of program allocations.--The 
                        Commission shall consider whether allocations 
                        from the House Clean Elections Fund under 
                        sections 509 and 510 of the Federal Election 
                        Campaign Act of 1974 are sufficient for voters 
                        in each State to learn about the candidates to 
                        cast an informed vote, taking into account the 
                        historic amount of spending by winning 
                        candidates, media costs, primary election 
                        dates, and any other information the Commission 
                        determines is appropriate.
            (2) Report, recommendations, and proposed legislative 
        language.--
                    (A) Report.--Not later than March 30 following any 
                general election for Federal office, the Commission 
                shall submit a report to Congress on the review 
                conducted under paragraph (1). Such report shall 
                contain a detailed statement of the findings, 
                conclusions, and recommendations of the Commission 
                based on such review, and shall contain any proposed 
                legislative language (as required under subparagraph 
                (C)) of the Commission.
                    (B) Findings, conclusions, and recommendations.--A 
                finding, conclusion, or recommendation of the 
                Commission shall be included in the report under 
                subparagraph (A) only if not less than 3 members of the 
                Commission voted for such finding, conclusion, or 
                recommendation.
                    (C) Legislative language.--
                            (i) In general.--The report under 
                        subparagraph (A) shall include legislative 
                        language with respect to any recommendation 
                        involving--
                                    (I) an increase in the number or 
                                value of qualifying contributions; or
                                    (II) an increase in the amount of 
                                allocations from the House Clean 
                                Elections Fund.
                            (ii) Form.--The legislative language shall 
                        be in the form of a proposed bill for 
                        introduction in Congress and shall not include 
                        any recommendation not related to matter 
                        described subclause (I) or (II) of clause (i).

SEC. 112. STRUCTURE AND MEMBERSHIP OF THE COMMISSION.

    (a) Appointment.--
            (1) In general.--The Commission shall be composed of 5 
        members, of whom--
                    (A) 1 shall be appointed by the Speaker of the 
                House of Representatives;
                    (B) 1 shall be appointed by the minority leader of 
                the House; and
                    (C) 3 shall be appointed jointly by the members 
                appointed under subparagraphs (A) and (B).
            (2) Qualifications.--
                    (A) In general.--The members shall be individuals 
                who are nonpartisan and, by reason of their education, 
                experience, and attainments, exceptionally qualified to 
                perform the duties of members of the Commission.
                    (B) Prohibition.--No member of the Commission may 
                be--
                            (i) a member of Congress;
                            (ii) an employee of the Federal Government;
                            (iii) a registered lobbyist; or
                            (iv) an officer or employee of a political 
                        party or political campaign.
            (3) Date.--Members of the Commission shall be appointed not 
        later than 60 days after the date of the enactment of this Act.
            (4) Terms.--A member of the Commission shall be appointed 
        for a term of 5 years.
    (b) Vacancies.--A vacancy on the Commission shall be filled not 
later than 30 calendar days after the date on which the Commission is 
given notice of the vacancy, in the same manner as the original 
appointment. The individual appointed to fill the vacancy shall serve 
only for the unexpired portion of the term for which the individual's 
predecessor was appointed.
    (c) Chairperson.--The Commission shall designate a Chairperson from 
among the members of the Commission.

SEC. 113. POWERS OF THE COMMISSION.

    (a) Meetings and Hearings.--
            (1) Meetings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out the purposes of this Act.
            (2) Quorum.--Four members of the Commission shall 
        constitute a quorum for purposes of voting, but a quorum is not 
        required for members to meet and hold hearings.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out the provisions of this Act. 
Upon request of the Chairperson of the Commission, the head of such 
department or agency shall furnish such information to the Commission.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 114. ADMINISTRATION.

    (a) Compensation of Members.--
            (1) In general.--
                    (A) In general.--Each member, other than the 
                Chairperson, shall be paid at a rate equal to the daily 
                equivalent of the minimum annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which such member is 
                engaged in the performance of the duties of the 
                Commission.
                    (B) 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 5314 of title 5, 
                United States Code, for each day (including travel 
                time) during which such member is engaged in the 
                performance of the duties of the Commission.
            (2) Travel expenses.--Members shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code, while away from their homes or regular places of 
        business in performance of services for the Commission.
    (b) Personnel.--
            (1) Director.--The Commission shall have a staff headed by 
        an Executive Director. The Executive Director shall be paid at 
        a rate equivalent to a rate established for the Senior 
        Executive Service under section 5382 of title 5, United States 
        Code.
            (2) Staff appointment.--With the approval of the 
        Chairperson, the Executive Director may appoint such personnel 
        as the Executive Director and the Commission determines to be 
        appropriate.
            (3) Actuarial experts and consultants.--With the approval 
        of the Chairperson, the Executive Director may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code.
            (4) Detail of government employees.--Upon the request of 
        the Chairperson, the head of any Federal agency may detail, 
        without reimbursement, any of the personnel of such agency to 
        the Commission to assist in carrying out the duties of the 
        Commission. Any such detail shall not interrupt or otherwise 
        affect the civil service status or privileges of the Federal 
        employee.
            (5) Other resources.--The Commission shall have reasonable 
        access to materials, resources, statistical data, and other 
        information from the Library of Congress and other agencies and 
        elected representatives of the executive and legislative 
        branches of the Federal Government. The Chairperson of the 
        Commission shall make requests for such access in writing when 
        necessary.

SEC. 115. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out the purposes of this subtitle.

                      TITLE II--VOTER INFORMATION

SEC. 201. FREE BROADCAST TIME.

    Section 315 of the Communications Act of 1934 (47 U.S.C. 315) is 
amended--
            (1) in subsection (a), in the third sentence, by striking 
        ``within the meaning of this subsection'' and inserting 
        ``within the meaning of this subsection or subsection (c)'';
            (2) by adding at the end the following:
    ``(f) Free Broadcast Time.--
            ``(1) Amount of time.--A clean money candidate shall be 
        entitled to receive--
                    ``(A) 30 minutes of free broadcast time during each 
                of the primary election period and the primary runoff 
                election period; and
                    ``(B) 75 minutes of free broadcast time during the 
                general election period and general runoff election 
                period.
            ``(2) Time during which the broadcast is shown.--The 
        broadcast time under paragraph (1) shall be--
                    ``(A) with respect to a television broadcast, the 
                time between 6:00 p.m. and 10:00 p.m. on any day that 
                falls on Monday through Friday;
                    ``(B) with respect to a radio broadcast, the time 
                between 7:00 a.m. and 9:30 a.m. or between 4:30 p.m. 
                and 7:00 p.m. on any day that falls on Monday through 
                Friday; or
                    ``(C) with respect to any broadcast, such other 
                time to which the candidate and broadcaster may agree.
            ``(3) Maximum required of any station.--The amount of free 
        broadcast time that any 1 station is required to make available 
        to any 1 clean money candidate during each of the primary 
        election period, primary runoff election period, and general 
        election period shall not exceed 15 minutes.''; and
            (3) in subsection (c)--
                    (A) by striking ``and'' at the end of paragraph 
                (1);
                    (B) by striking the period at the end of paragraph 
                (2) and inserting a semicolon, and by redesignating 
                that paragraph as paragraph (4);
                    (C) by inserting after paragraph (1) the following:
            ``(2) the term `clean money candidate' has the meaning 
        given in section 501 of the Federal Election Campaign Act of 
        1971;
            ``(3) the terms `general election period' and `general 
        runoff election period' have the meaning given in section 501 
        of the Federal Election Campaign Act of 1971;''; and
                    (D) by adding at the end the following:
            ``(5) the term `primary election period' has the meaning 
        given in section 501 of the Federal Election Campaign Act of 
        1971;
            ``(6) the term `private money candidate' has the meaning 
        given in section 501 of the Federal Election Campaign Act of 
        1971; and
            ``(7) the term `primary runoff election period' has the 
        meaning given in section 501 of the Federal Election Campaign 
        Act of 1971.''.

SEC. 202. BROADCAST RATES AND PREEMPTION.

    (a) Broadcast Rates.--Section 315(b) of the Communications Act of 
1934 (47 U.S.C. 315(b)) is amended--
            (1) in paragraph (1)(A), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following:
            ``(3) Clean money candidates.--In the case of a clean money 
        candidate, the charges for the use of a television broadcasting 
        station shall not exceed 50 percent of the lowest charge 
        described in paragraph (1)(A) during--
                    ``(A) the 30 days preceding the date of a primary 
                or primary runoff election in which the candidate is 
                opposed; and
                    ``(B) the 60 days preceding the date of a general 
                or special election in which the candidate is opposed.
            ``(4) Other house candidates.--In the case of a candidate 
        for election for Member of or Delegate or Resident Commissioner 
        to the Congress who is not a clean money candidate, paragraph 
        (1)(A) shall not apply.
            ``(5) Rate cards.--A licensee shall provide to a candidate 
        for Member of or Delegate or Resident Commissioner to the 
        Congress a rate card that discloses--
                    ``(A) the rate charged under this subsection; and
                    ``(B) the method that the licensee uses to 
                determine the rate charged under this subsection.''.
    (b) Preemption.--Section 315 of such Act (47 U.S.C. 315), as 
amended by section 201, is amended by adding at the end the following:
    ``(g) Preemption.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        licensee shall not preempt the use of a broadcasting station by 
        a legally qualified candidate for Member of or Delegate or 
        Resident Commissioner to the Congress who has purchased and 
        paid for such use.
            ``(2) Circumstances beyond control of licensee.--If a 
        program to be broadcast by a broadcasting station is preempted 
        because of circumstances beyond the control of the broadcasting 
        station, any candidate advertising spot scheduled to be 
        broadcast during that program may also be preempted.''.
    (c) Revocation of License for Failure To Permit Access.--Section 
312(a)(7) of such Act (47 U.S.C. 312(a)(7)) is amended--
            (1) by striking ``or repeated'';
            (2) by inserting ``or cable system'' after ``broadcasting 
        station''; and
            (3) by striking ``his candidacy'' and inserting ``the 
        candidacy of the candidate, under the same terms, conditions, 
        and business practices as apply to the most favored advertiser 
        of the licensee''.

SEC. 203. LIMIT ON CONGRESSIONAL USE OF THE FRANKING PRIVILEGE.

    (a) In General.--Section 3210(a)(6) of title 39, United States 
Code, is amended by striking subparagraph (A) and inserting the 
following:
    ``(A)(i) Except as provided in clause (ii), a Member of Congress or 
a Congressional Committee or Subcommittee of which such Member is 
Chairman or Ranking Member shall not mail any mass mailing as franked 
mail during the period which begins 90 days before date of the primary 
election and ends on the date of the general election with respect to 
any Federal office which such Member holds, unless the Member has made 
a public announcement that the Member will not be a candidate for 
reelection to any Federal office in that year.
    ``(ii) A Member of Congress or a Congressional Committee or 
Subcommittee of which such Member is Chairman or Ranking Member may 
mail a mass mailing as franked mail if--
            ``(I) the purpose of the mailing is to communicate 
        information about a public meeting; and
            ``(II) the content of the mailed matter includes only the 
        name of the Member, Committee, or Subcommittee, as appropriate, 
        and the date, time, and place of the public meeting.''.
    (b) Conforming Amendments.--
            (1) Section 3210(a)(6) of title 39, United States Code, is 
        amended by striking subparagraph (B) and by redesignating 
        subparagraphs (C) through (F) as subparagraphs (B) through (E), 
        respectively.
            (2) Section 3210(a)(6)(E) of title 39, United States Code, 
        as redesignated by paragraph (1), is amended by striking 
        ``subparagraphs (A) and (C)'' and inserting ``subparagraphs (A) 
        and (B)''.

     TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION

SEC. 301. PETITION FOR CERTIORARI.

    Section 307(a)(6) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 437d(a)(6)) is amended by inserting ``(including a proceeding 
before the Supreme Court on certiorari)'' after ``appeal''.

SEC. 302. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.

    (a) Mandatory Electronic Filing.--Section 304(a)(11) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended--
            (1) in subparagraph (A), by striking ``under this Act--'' 
        and all that follows and inserting ``under this Act shall be 
        required to maintain and file such designation, statement, or 
        report in electronic form accessible by computers.'';
            (2) in subparagraph (B), by striking ``48 hours'' and all 
        that follows through ``filed electronically)'' and inserting 
        ``24 hours''; and
            (3) by striking subparagraph (D).
    (b) Requiring Reports for All Contributions Made to Any Political 
Committee Within 90 Days of Election; Requiring Reports To Be Made 
Within 24 Hours.--Section 304(a)(6)(A) of such Act (2 U.S.C. 
434(a)(6)(A)) is amended to read as follows:
    ``(6)(A) Each political committee shall notify the Commission and 
the Secretary of State, as appropriate, in writing, of any contribution 
received by the committee during the period which begins on the 90th 
day before an election and ends at the time the polls close for such 
election. This notification shall be made within 24 hours (or, if 
earlier, by midnight of the day on which the contribution is deposited) 
after the receipt of such contribution and shall include the name of 
the candidate involved (as appropriate) and the office sought by the 
candidate, the identification of the contributor, and the date of 
receipt and amount of the contribution.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. SEVERABILITY.

    If any provision of this Act or amendment made by this Act, or the 
application of a provision or amendment to any person or circumstance, 
is held to be unconstitutional, the remainder of this Act and 
amendments made by this Act, and the application of the provisions and 
amendment to any person or circumstance, shall not be affected by the 
holding.

SEC. 402. REVIEW OF CONSTITUTIONAL ISSUES.

    An appeal may be taken directly to the Supreme Court of the United 
States from any final judgment, decree, or order issued by any court 
ruling on the constitutionality of any provision of this Act or 
amendment made by this Act.

SEC. 403. EFFECTIVE DATE.

    Except as otherwise provided for in this Act, this Act and the 
amendments made by this Act shall take effect on January 1, 2010.
                                 <all>
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