I 

112TH CONGRESS 

1ST SESSION H. R. 1404 

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

IN THE HOUSE OF REPRESENTATIVES 

APRIL 6, 2011 

Mr. LARSON of Connecticut (for himself, Ms. PINGREE of Maine, Mr. JONES, 

Ms. BALDWIN, Mr. BRALEY of Iowa, Mr. BUTTERFIELD, Mr. CAPUANO, 

Mr. COHEN, Mr. CONYERS, Mr. COOPER, Mr. COURTNEY, Mrs. DAVIS of 

California, Ms. DELAURO, Mr. DOYLE, Ms. EDWARDS, Mr. ELLISON, Ms. 

ESHOO, Mr. FILNER, Mr. GRIJALVA, Mr. HEINRICH, Mr. HINCHEY, Ms. 

HIRONO, Mr. HOLT, Mr. HONDA, Mr. ISRAEL, Mr. JACKSON of Illinois, 

Mr. KUCINICH, Ms. LEE of California, Mr. LEWIS of Georgia, Mr. 

LOEBSACK, Mr. LUJA ́N, Ms. MATSUI, Mr. MCDERMOTT, Mr. GEORGE

MILLER of California, Mr. MURPHY of Connecticut, Mr. NADLER, Mr. 

OLVER, Mr. POLIS, Mr. ROTHMAN of New Jersey, Mr. SARBANES, Ms. 

SCHAKOWSKY, Mr. SHERMAN, Mr. STARK, Mr. TONKO, Ms. TSONGAS, 

Ms. WOOLSEY, and Mr. YARMUTH) introduced the following bill; which 

was referred to the Committee on House Administration 

A BILL 

To reform the financing of House elections, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Fair Elections Now Act’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 1404 IH

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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and declarations. 

TITLE I—FAIR ELECTIONS FINANCING OF HOUSE ELECTION 

CAMPAIGNS 

Sec. 101. Benefits and eligibility requirements for House candidates. 

‘‘TITLE V—FAIR ELECTIONS FINANCING OF HOUSE ELECTION 

CAMPAIGNS 

‘‘Subtitle A—Benefits 

‘‘Sec. 501. Benefits for participating candidates. 

‘‘Sec. 502. Allocations from the Fund. 

‘‘Sec. 503. Matching payments for certain small dollar contributions. 

‘‘Subtitle B—Eligibility and Certification 

‘‘Sec. 511. Eligibility. 

‘‘Sec. 512. Qualifying requirements. 

‘‘Sec. 513. Certification. 

‘‘Subtitle C—Requirements for Candidates Certified as Participating 

Candidates 

‘‘Sec. 521. Contribution, expenditure, and fundraising requirements. 

‘‘Sec. 522. Debate requirement. 

‘‘Sec. 523. Remitting unspent funds after election. 

‘‘Subtitle D—Administrative Provisions 

‘‘Sec. 531. Fair Elections Fund. 

‘‘Sec. 532. Fair Elections Oversight Board. 

‘‘Sec. 533. Administration by Commission. 

‘‘Sec. 534. Violations and penalties. 

‘‘Sec. 535. Election cycle defined. 

Sec. 102. Transfer of portion of civil money penalties into Fair Elections Fund. 

Sec. 103. Prohibiting use of contributions by participating candidates for purposes other than campaign for election. 

Sec. 104. Prohibition on joint fundraising committees. 

Sec. 105. Treatment of coordinated expenditures by political party committees 

on behalf of participating candidates. 

TITLE II—RESPONSIBILITIES OF THE FEDERAL ELECTION 

COMMISSION 

Sec. 201. Petition for certiorari. 

Sec. 202. Filing by all candidates with Commission. 

Sec. 203. Electronic filing of FEC reports. 

TITLE III—MISCELLANEOUS PROVISIONS 


jbell on DSKDVH8Z91PROD with BILLS
3 

•HR 1404 IH

Sec. 301. Severability. 

Sec. 302. Effective date. 

1 SEC. 2. FINDINGS AND DECLARATIONS. 

2 (a) UNDERMINING OF DEMOCRACY BY CAMPAIGN

3 CONTRIBUTIONS FROM PRIVATE SOURCES.—The House 

4 of Representatives finds and declares that the current sys5 tem of privately financed campaigns for election to the 

6 House of Representatives has the capacity, and is often 

7 perceived by the public, to undermine democracy in the 

8 United States by— 

9 (1) creating a culture that fosters actual or per10 ceived conflicts of interest, by encouraging Members 

11 of the House to accept large campaign contributions 

12 from private interests that are directly affected by 

13 Federal legislation; 

14 (2) diminishing or appearing to diminish Mem15 bers’ accountability to constituents by compelling 

16 legislators to be accountable to the major contribu17 tors who finance their election campaigns; 

18 (3) undermining the meaning of the right to 

19 vote by allowing monied interests to have a dis20 proportionate and unfair influence within the polit21 ical process; 

22 (4) imposing large, unwarranted costs on tax23 payers through legislative and regulatory distortions 


jbell on DSKDVH8Z91PROD with BILLS
4 

•HR 1404 IH

1 caused by unequal access to lawmakers for campaign 

2 contributors; 

3 (5) making it difficult for some qualified can4 didates to mount competitive House election cam5 paigns; 

6 (6) disadvantaging challengers and discouraging 

7 competitive elections, because large campaign con8 tributors tend to donate their money to incumbent 

9 Members, thus causing House elections to be less 

10 competitive; and 

11 (7) burdening incumbents with a preoccupation 

12 with fundraising and thus decreasing the time avail13 able to carry out their public responsibilities. 

14 (b) ENHANCEMENT OF DEMOCRACY BY PROVIDING

15 ALLOCATIONS FROM THE FAIR ELECTIONS FUND.—The 

16 House of Representatives finds and declares that pro17 viding the option of the replacement of large private cam18 paign contributions with allocations from the Fair Elec19 tions Fund for all primary, runoff, and general elections 

20 to the House of Representatives would enhance American 

21 democracy by— 

22 (1) reducing the actual or perceived conflicts of 

23 interest created by fully private financing of the elec24 tion campaigns of public officials and restoring pub25 lic confidence in the integrity and fairness of the 


jbell on DSKDVH8Z91PROD with BILLS
5 

•HR 1404 IH

1 electoral and legislative processes through a program 

2 which allows participating candidates to adhere to 

3 substantially lower contribution limits for contribu4 tors with an assurance that there will be sufficient 

5 funds for such candidates to run viable electoral 

6 campaigns; 

7 (2) increasing the public’s confidence in the ac8 countability of Members to the constituents who 

9 elect them, which derives from the program’s quali10 fying criteria to participate in the voluntary program 

11 and the conclusions that constituents may draw re12 garding candidates who qualify and participate in 

13 the program; 

14 (3) helping to reduce the ability to make large 

15 campaign contributions as a determinant of a citi16 zen’s influence within the political process by facili17 tating the expression of support by voters at every 

18 level of wealth, encouraging political participation, 

19 incentivizing participation on the part of Members 

20 through the matching of small dollar contributions; 

21 (4) potentially saving taxpayers billions of dol22 lars that may be (or that are perceived to be) cur23 rently allocated based upon legislative and regu24 latory agendas skewed by the influence of campaign 

25 contributions; 


jbell on DSKDVH8Z91PROD with BILLS
6 

•HR 1404 IH

1 (5) creating genuine opportunities for all Amer2 icans to run for the House of Representatives and 

3 encouraging more competitive elections; 

4 (6) encouraging participation in the electoral 

5 process by citizens of every level of wealth; and 

6 (7) freeing Members from the incessant pre7 occupation with raising money, and allowing them 

8 more time to carry out their public responsibilities. 

9 TITLE I—FAIR ELECTIONS FI10 NANCING OF HOUSE ELEC11 TION CAMPAIGNS 

12 SEC. 101. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR 

13 HOUSE CANDIDATES. 

14 The Federal Election Campaign Act of 1971 (2 

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

16 following: 

17 ‘‘TITLE V—FAIR ELECTIONS FI18 NANCING OF HOUSE ELEC19 TION CAMPAIGNS 

20 ‘‘Subtitle A—Benefits 

21 ‘‘SEC. 501. BENEFITS FOR PARTICIPATING CANDIDATES. 

22 ‘‘(a) IN GENERAL.—If a candidate for election to the 

23 office of Representative in, or Delegate or Resident Com24 missioner to, the Congress is a participating candidate 

25 under this title with respect to an election for such office, 


jbell on DSKDVH8Z91PROD with BILLS
7 

•HR 1404 IH

1 the candidate shall be entitled to payments under this 

2 title, to be used only for authorized expenditures in con3 nection with the election. 

4 ‘‘(b) TYPES OF PAYMENTS.—The payments to which 

5 a participating candidate is entitled under this section 

6 consist of— 

7 ‘‘(1) allocations from the Fair Elections Fund, 

8 as provided in section 502; and 

9 ‘‘(2) payments from the Fair Elections Fund to 

10 match certain small dollar contributions, as provided 

11 in section 503. 

12 ‘‘SEC. 502. ALLOCATIONS FROM THE FUND. 

13 ‘‘(a) AMOUNT OF ALLOCATIONS.— 

14 ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL

15 ALLOCATION.—Except as provided in paragraph (6), 

16 the Commission shall make an allocation from the 

17 Fair Elections Fund established under section 531 

18 to a candidate who is certified as a participating 

19 candidate with respect to a primary election in an 

20 amount equal to 40 percent of the base amount. 

21 ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA22 TION.—The Commission shall make an allocation 

23 from the Fund to a candidate who is certified as a 

24 participating candidate with respect to a primary 

25 runoff election in an amount equal to 25 percent of 


jbell on DSKDVH8Z91PROD with BILLS
8 

•HR 1404 IH

1 the amount the participating candidate was eligible 

2 to receive under this section for the primary election. 

3 ‘‘(3) GENERAL ELECTION ALLOCATION.—Ex4 cept as provided in paragraph (6), the Commission 

5 shall make an allocation from the Fund to a can6 didate who is certified as a participating candidate 

7 with respect to a general election in an amount 

8 equal to 60 percent of the base amount. 

9 ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA10 TION.—The Commission shall make an allocation 

11 from the Fund to a candidate who is certified as a 

12 participating candidate with respect to a general 

13 runoff election in an amount equal to 25 percent of 

14 the base amount. 

15 ‘‘(5) RECOUNT ALLOCATION.—If the appro16 priate State or local election official conducts a re17 count of an election, the Commission shall make an 

18 allocation from the Fund to a participating can19 didate for expenses relating to the recount in an 

20 amount equal to 25 percent of the amount the par21 ticipating candidate was eligible to receive under this 

22 section for the election involved. 

23 ‘‘(6) UNCONTESTED ELECTIONS.— 

24 ‘‘(A) IN GENERAL.—In the case of a pri25 mary or general election that is an uncontested 


jbell on DSKDVH8Z91PROD with BILLS
9 

•HR 1404 IH

1 election, the Commission shall make an alloca2 tion from the Fund to a participating candidate 

3 for such election in an amount equal to 25 per4 cent of the allocation for that election with re5 spect to such candidate. 

6 ‘‘(B) UNCONTESTED ELECTION DE7 FINED.—For purposes of this subparagraph, an 

8 election is uncontested if not more than 1 can9 didate has campaign funds (including payments 

10 from the Fund) in an amount equal to or great11 er than 10 percent of the allocation a candidate 

12 would be entitled to receive under this section 

13 for that election (determined without regard to 

14 this paragraph). 

15 ‘‘(b) BASE AMOUNT.—The base amount is an amount 

16 equal to 80 percent of the national average disbursements 

17 of the cycle by winning candidates for the office of Rep18 resentative in, or Delegate or Resident Commissioner to, 

19 the Congress in the last 2 election cycles. 

20 ‘‘(c) TIMING; METHOD OF PAYMENT.— 

21 ‘‘(1) TIMING.—The Commission shall make the 

22 allocations required under subsection (a) to a par23 ticipating candidate— 

24 ‘‘(A) in the case of amounts provided 

25 under subsection (a)(1), not later than 48 hours 


jbell on DSKDVH8Z91PROD with BILLS
10 

•HR 1404 IH

1 after the date on which such candidate is cer2 tified as a participating candidate under section 

3 513; 

4 ‘‘(B) in the case of a general election, not 

5 later than 48 hours after— 

6 ‘‘(i) the date of the certification of the 

7 results of the primary election or the pri8 mary runoff election; or 

9 ‘‘(ii) in any case in which there is no 

10 primary election, the date the candidate 

11 qualifies to be placed on the ballot; 

12 ‘‘(C) in the case of a primary runoff elec13 tion or a general runoff election, not later than 

14 48 hours after the certification of the results of 

15 the primary election or the general election, as 

16 the case may be; and 

17 ‘‘(D) in the case of a recount allocation, 

18 not later than 48 hours after the appropriate 

19 State or local election official orders the holding 

20 of the recount. 

21 ‘‘(2) METHOD OF PAYMENT.—The Commission 

22 shall distribute funds available to participating can23 didates under this section through the use of an 

24 electronic funds exchange or a debit card. 


jbell on DSKDVH8Z91PROD with BILLS
11 

•HR 1404 IH

1 ‘‘SEC. 503. MATCHING PAYMENTS FOR CERTAIN SMALL 

2 DOLLAR CONTRIBUTIONS. 

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

4 each participating candidate an amount equal to 500 per5 cent of the amount of qualified small dollar contributions 

6 received by the candidate from individuals who are resi7 dents of the State in which such participating candidate 

8 is seeking election. 

9 ‘‘(b) LIMITATION.—The maximum payment under 

10 this section shall be the greater of— 

11 ‘‘(1) 300 percent of the allocation under para12 graphs (1) through (4) of section 502(a) for that 

13 election with respect to such candidate; or 

14 ‘‘(2) the percentage of the allocation determined 

15 by the Commission under section 532(c)(2). 

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

17 make payments under this section not later than 2 busi18 ness days after the receipt of a report made under sub19 section (d). 

20 ‘‘(d) REPORTS.— 

21 ‘‘(1) IN GENERAL.—Each participating can22 didate shall file reports of receipts of qualified small 

23 dollar contributions at such times and in such man24 ner as the Commission may by regulations prescribe. 

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

26 under this subsection shall disclose— 


jbell on DSKDVH8Z91PROD with BILLS
12 

•HR 1404 IH

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

2 dollar contribution received by the candidate; 

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

4 dollar contribution received by the candidate 

5 from a resident of the State in which the can6 didate is seeking election; and 

7 ‘‘(C) the name, address, and occupation of 

8 each individual who made a qualified small dol9 lar contribution to the candidate. 

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

11 this subsection shall be made no more frequently 

12 than— 

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

14 is 90 days before the date of the election; 

15 ‘‘(B) once every week after the period de16 scribed in subparagraph (A) and until the date 

17 that is 21 days before the election; and 

18 ‘‘(C) once every day after the period de19 scribed in subparagraph (B). 

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

21 Commission may not prescribe any regulations with 

22 respect to reporting under this subsection with re23 spect to any election after the date that is 180 days 

24 before the date of such election. 


jbell on DSKDVH8Z91PROD with BILLS
13 

•HR 1404 IH

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

2 written explanation with respect to any denial of any pay3 ment under this section and shall provide for the oppor4 tunity for review and reconsideration within 5 business 

5 days of such denial. 

6 ‘‘(f) QUALIFIED SMALL DOLLAR CONTRIBUTION DE7 FINED.—The term ‘qualified small dollar contribution’ 

8 means, with respect to a participating candidate, any con9 tribution (or a series of contributions)— 

10 ‘‘(1) which is not a qualifying contribution (or 

11 does not include a qualifying contribution); 

12 ‘‘(2) which is made by an individual who is not 

13 prohibited from making a contribution under this 

14 Act; and 

15 ‘‘(3) the aggregate amount of which does not 

16 exceed the greater of— 

17 ‘‘(A) $100 per election; or 

18 ‘‘(B) the amount determined by the Fair 

19 Elections Oversight Board under section 

20 532(c)(2). 

21 ‘‘Subtitle B—Eligibility and 

22 Certification 

23 ‘‘SEC. 511. ELIGIBILITY. 

24 ‘‘(a) IN GENERAL.—A candidate for the office of 

25 Representative in, or Delegate or Resident Commissioner 


jbell on DSKDVH8Z91PROD with BILLS
14 

•HR 1404 IH

1 to, the Congress is eligible to be certified as a participating 

2 candidate under this title with respect to an election if 

3 the candidate meets the following requirements: 

4 ‘‘(1) During the election cycle for the office in5 volved, the candidate files with the Commission a 

6 statement of intent to seek certification as a partici7 pating candidate. 

8 ‘‘(2) The candidate meets the qualifying re9 quirements of section 512. 

10 ‘‘(3) Not later than the last day of the Fair 

11 Elections qualifying period, the candidate files with 

12 the Commission an affidavit signed by the candidate 

13 and the treasurer of the candidate’s principal cam14 paign committee declaring that the candidate— 

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

16 comply with the contribution and expenditure 

17 requirements of section 521; 

18 ‘‘(B) if certified, will comply with the de19 bate requirements of section 522; 

20 ‘‘(C) if certified, will run only as a partici21 pating candidate for all elections for the office 

22 that such candidate is seeking during the elec23 tion cycle; and 

24 ‘‘(D) has either qualified or will take steps 

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


jbell on DSKDVH8Z91PROD with BILLS
15 

•HR 1404 IH

1 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub2 section (a), a candidate shall not be eligible to receive an 

3 allocation from the Fund for a general election or a gen4 eral runoff election unless the candidate’s party nominated 

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

6 election or the candidate is otherwise qualified to be on 

7 the ballot under State law. 

8 ‘‘(c) FAIR ELECTIONS QUALIFYING PERIOD DE9 FINED.—The term ‘Fair Elections qualifying period’ 

10 means, with respect to any candidate for the office of Rep11 resentative in, or Delegate or Resident Commissioner to, 

12 the Congress, the 120-day period (during the election cycle 

13 for such office) which begins on the date on which the 

14 candidate files a statement of intent under section 

15 511(a)(1), except that such period may not continue after 

16 the date that is 60 days before— 

17 ‘‘(1) the date of the primary election; or 

18 ‘‘(2) in the case of a State that does not hold 

19 a primary election, the date prescribed by State law 

20 as the last day to qualify for a position on the gen21 eral election ballot. 

22 ‘‘SEC. 512. QUALIFYING REQUIREMENTS. 

23 ‘‘(a) RECEIPT OF QUALIFYING CONTRIBUTIONS.—A 

24 candidate for the office of Representative in, or Delegate 

25 or Resident Commissioner to, the Congress meets the reVerDate Mar 15 2010 07:13 Apr 08, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1404.IH H1404

jbell on DSKDVH8Z91PROD with BILLS
16 

•HR 1404 IH

1 quirement of this section if, during the Fair Elections 

2 qualifying period described in section 511(c), the can3 didate obtains— 

4 ‘‘(1) a single qualifying contribution from a 

5 number of individuals equal to or greater than the 

6 lesser of— 

7 ‘‘(A) .25% of the voting age population of 

8 the State involved (as reported in the most re9 cent decennial census); or 

10 ‘‘(B) 1,500; and 

11 ‘‘(2) a total dollar amount of qualifying con12 tributions equal to or greater than $50,000. 

13 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

14 QUALIFYING CONTRIBUTION.—Each qualifying contribu15 tion— 

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

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

19 ‘‘(2) shall be accompanied by a signed state20 ment containing— 

21 ‘‘(A) the contributor’s name and the con22 tributor’s address in the State in which the pri23 mary residence of the contributor is located; 

24 ‘‘(B) an oath declaring that the contrib25 utor— 


jbell on DSKDVH8Z91PROD with BILLS
17 

•HR 1404 IH

1 ‘‘(i) understands that the purpose of 

2 the qualifying contribution is to show sup3 port for the candidate so that the can4 didate may qualify for Fair Elections fi5 nancing; 

6 ‘‘(ii) is making the contribution in his 

7 or her own name and from his or her own 

8 funds; 

9 ‘‘(iii) has made the contribution will10 ingly; and 

11 ‘‘(iv) has not received any thing of 

12 value in return for the contribution; and 

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

14 sent to the contributor with a copy kept by the can15 didate for the Commission and a copy kept by the 

16 candidate for the election authorities in the State 

17 with respect to which the candidate is seeking elec18 tion. 

19 ‘‘(c) VERIFICATION OF QUALIFYING CONTRIBU20 TIONS.—The Commission shall establish procedures for 

21 the auditing and verification of qualifying contributions to 

22 ensure that such contributions meet the requirements of 

23 this section. 

24 ‘‘(d) PROHIBITING PAYMENT ON COMMISSION BASIS

25 OF INDIVIDUALS COLLECTING QUALIFYING CONTRIBUVerDate Mar 15 2010 07:13 Apr 08, 2011 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1404.IH H1404

jbell on DSKDVH8Z91PROD with BILLS
18 

•HR 1404 IH

1 TIONS.—No person may be paid a commission on a per 

2 qualifying contribution basis for collecting qualifying con3 tributions. 

4 ‘‘(e) QUALIFYING CONTRIBUTION DEFINED.—In this 

5 section, the term ‘qualifying contribution’ means, with re6 spect to a candidate, a contribution that— 

7 ‘‘(1) is in an amount that is— 

8 ‘‘(A) not less than the greater of $5 or the 

9 amount determined by the Commission under 

10 section 532(c)(2); and 

11 ‘‘(B) not more than the greater of $100 or 

12 the amount determined by the Commission 

13 under section 532(c)(2); 

14 ‘‘(2) is made by an individual— 

15 ‘‘(A) who has a primary residence in the 

16 State in which such Candidate is seeking elec17 tion; and 

18 ‘‘(B) who is not otherwise prohibited from 

19 making a contribution under this Act; 

20 ‘‘(3) is made during the Fair Elections quali21 fying period described in section 511(c); and 

22 ‘‘(4) meets the requirements of subsection (b). 

23 ‘‘SEC. 513. CERTIFICATION. 

24 ‘‘(a) DEADLINE AND NOTIFICATION.— 


jbell on DSKDVH8Z91PROD with BILLS
19 

•HR 1404 IH

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

2 a candidate files an affidavit under section 

3 511(a)(3), the Commission shall— 

4 ‘‘(A) determine whether or not the can5 didate meets the requirements for certification 

6 as a participating candidate; 

7 ‘‘(B) if the Commission determines that 

8 the candidate meets such requirements, certify 

9 the candidate as a participating candidate; and 

10 ‘‘(C) notify the candidate of the Commis11 sion’s determination. 

12 ‘‘(2) DEEMED CERTIFICATION FOR ALL ELEC13 TIONS IN ELECTION CYCLE.—If the Commission cer14 tifies a candidate as a participating candidate with 

15 respect to the first election of the election cycle in16 volved, the Commissioner shall be deemed to have 

17 certified the candidate as a participating candidate 

18 with respect to all subsequent elections of the elec19 tion cycle. 

20 ‘‘(b) REVOCATION OF CERTIFICATION.— 

21 ‘‘(1) IN GENERAL.—The Commission may re22 voke a certification under subsection (a) if— 

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

24 on the ballot at any time after the date of cer25 tification (other than a candidate certified as a 


jbell on DSKDVH8Z91PROD with BILLS
20 

•HR 1404 IH

1 participating candidate with respect to a pri2 mary election who fails to qualify to appear on 

3 the ballot for a subsequent election in that elec4 tion cycle); or 

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

6 with the requirements of this title, including 

7 any regulatory requirements prescribed by the 

8 Commission. 

9 ‘‘(2) REPAYMENT OF BENEFITS.—If certifi10 cation is revoked under paragraph (1), the candidate 

11 shall repay to the Fair Elections Fund established 

12 under section 531 an amount equal to the value of 

13 benefits received under this title with respect to the 

14 election cycle involved plus interest (at a rate deter15 mined by the Commission) on any such amount re16 ceived. 

17 ‘‘(c) PARTICIPATING CANDIDATE DEFINED.—In this 

18 title, a ‘participating candidate’ means a candidate for the 

19 office of Representative in, or Delegate or Resident Com20 missioner to, the Congress who is certified under this sec21 tion as eligible to receive benefits under this title. 


jbell on DSKDVH8Z91PROD with BILLS
21 

•HR 1404 IH

1 ‘‘Subtitle C—Requirements for Can2 didates Certified as Partici3 pating Candidates 

4 ‘‘SEC. 521. CONTRIBUTION, EXPENDITURE, AND FUND5 RAISING REQUIREMENTS. 

6 ‘‘(a) CONTRIBUTIONS.— 

7 ‘‘(1) PERMITTED SOURCES OF CONTRIBU8 TIONS.—Except as provided in subsection (c), a can9 didate who is certified as a participating candidate 

10 with respect to an election shall, with respect to all 

11 elections occurring during the election cycle for the 

12 office involved, accept no contributions from any 

13 source (including an unexpended contribution re14 ceived by the candidate with respect to a previous 

15 election or a contribution made by any political com16 mittee or multicandidate committee) other than— 

17 ‘‘(A) qualifying contributions described in 

18 section 512; 

19 ‘‘(B) qualified small dollar contributions 

20 described in section 503; 

21 ‘‘(C) allocations under section 502; and 

22 ‘‘(D) payments under section 503. 

23 ‘‘(2) CONTRIBUTIONS FOR LEADERSHIP AND

24 RELATED PACS.—A political committee of a partici25 pating candidate which is not an authorized comVerDate Mar 15 2010 07:13 Apr 08, 2011 Jkt 099200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1404.IH H1404

jbell on DSKDVH8Z91PROD with BILLS
22 

•HR 1404 IH

1 mittee of such candidate may accept contributions 

2 other than contributions described in paragraph (1) 

3 from any person if— 

4 ‘‘(A) the aggregate amount of the con5 tributions from such person for any election 

6 during the election cycle does not exceed $100; 

7 and 

8 ‘‘(B) no portion of such contributions is 

9 disbursed in connection with the campaign of 

10 the participating candidate. 

11 ‘‘(b) EXPENDITURES.— 

12 ‘‘(1) PERMITTED SOURCES FOR EXPENDI13 TURES.—Except as provided in subsection (c), a 

14 candidate who is certified as a participating can15 didate with respect to an election shall, with respect 

16 to all elections occurring during the election cycle for 

17 the office involved— 

18 ‘‘(A) make no expenditures from any 

19 amounts other than— 

20 ‘‘(i) qualifying contributions described 

21 in section 512; 

22 ‘‘(ii) qualified small dollar contribu23 tions described in section 503; 

24 ‘‘(iii) allocations under section 502; 

25 and 


jbell on DSKDVH8Z91PROD with BILLS
23 

•HR 1404 IH

1 ‘‘(iv) payments under section 503; and 

2 ‘‘(B) make no expenditures from personal 

3 funds or the funds of any immediate family 

4 member of the candidate (other than funds re5 ceived through qualified small dollar contribu6 tions and qualifying contributions). 

7 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

8 In paragraph (1)(B), the term ‘immediate family’ 

9 means, with respect to a candidate— 

10 ‘‘(A) the candidate’s spouse; 

11 ‘‘(B) a child, stepchild, parent, grand12 parent, brother, half-brother, sister, or half-sis13 ter of the candidate or the candidate’s spouse; 

14 and 

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

16 subparagraph (B). 

17 ‘‘(c) EXCEPTIONS.— 

18 ‘‘(1) EXCEPTION FOR CONTRIBUTIONS RE19 CEIVED PRIOR TO FILING OF STATEMENT OF IN20 TENT.—A candidate who has accepted contributions 

21 that are not qualified small dollar contributions, 

22 qualifying contributions, or contributions described 

23 in paragraph (a)(2) prior to the date the candidate 

24 files a statement of intent under section 511(a)(1) 


jbell on DSKDVH8Z91PROD with BILLS
24 

•HR 1404 IH

1 is not in violation of subsection (a), but only if all 

2 such contributions are— 

3 ‘‘(A) returned to the contributor; 

4 ‘‘(B) submitted to the Commission for de5 posit in the Fair Elections Fund established 

6 under section 531; or 

7 ‘‘(C) spent in accordance with paragraph 

8 (2). 

9 ‘‘(2) EXCEPTION FOR EXPENDITURES MADE

10 PRIOR TO FILING OF STATEMENT OF INTENT.—If a 

11 candidate has made expenditures prior to the date 

12 the candidate files a statement of intent under sec13 tion 511(a)(1) that the candidate is prohibited from 

14 making under subsection (b), the candidate is not in 

15 violation of such subsection if the aggregate amount 

16 of the prohibited expenditures is less than 20 per17 cent of the amount of an initial allocation to a can18 didate under section 502(a)(1). 

19 ‘‘(3) EXCEPTION FOR CAMPAIGN SURPLUSES

20 FROM A PREVIOUS ELECTION.—Notwithstanding 

21 paragraph (1), unexpended contributions received by 

22 the candidate or an authorized committee of the 

23 candidate with respect to a previous election may be 

24 retained, but only if the candidate places the funds 

25 in escrow and refrains from raising additional funds 


jbell on DSKDVH8Z91PROD with BILLS
25 

•HR 1404 IH

1 for or spending funds from that account during the 

2 election cycle in which a candidate is a participating 

3 candidate. 

4 ‘‘(4) EXCEPTION FOR CONTRIBUTIONS RE5 CEIVED BEFORE THE EFFECTIVE DATE OF THIS

6 TITLE.—Contributions received and expenditures 

7 made by the candidate or an authorized committee 

8 of the candidate prior to the effective date of this 

9 title shall not constitute a violation of subsection (a) 

10 or (b). Unexpended contributions shall be treated 

11 the same as campaign surpluses under paragraph 

12 (3), and expenditures made shall count against the 

13 limit in paragraph (2). 

14 ‘‘(d) SPECIAL RULE FOR COORDINATED PARTY EX15 PENDITURES.—For purposes of this section, a payment 

16 made by a political party in coordination with a partici17 pating candidate shall not be treated as a contribution to 

18 or as an expenditure made by the participating candidate. 

19 ‘‘SEC. 522. DEBATE REQUIREMENT. 

20 ‘‘A candidate who is certified as a participating can21 didate with respect to an election shall, during the election 

22 cycle for the office involved, participate in at least— 

23 ‘‘(1) 1 public debate before the primary election 

24 with other participating candidates and other willing 


jbell on DSKDVH8Z91PROD with BILLS
26 

•HR 1404 IH

1 candidates from the same party and seeking the 

2 same nomination as such candidate; and 

3 ‘‘(2) 2 public debates before the general election 

4 with other participating candidates and other willing 

5 candidates seeking the same office as such can6 didate. 

7 ‘‘SEC. 523. REMITTING UNSPENT FUNDS AFTER ELECTION. 

8 ‘‘(a) IN GENERAL.—Not later than the date that is 

9 60 days after the last election for which a candidate cer10 tified as a participating candidate qualifies to be on the 

11 ballot during the election cycle involved, such participating 

12 candidate shall remit to the Commission for deposit in the 

13 Fair Elections Fund established under section 531 an 

14 amount equal to the lesser of— 

15 ‘‘(1) the amount of money in the candidate’s 

16 campaign account; or 

17 ‘‘(2) the sum of the allocations received by the 

18 candidate under section 502 and the payments re19 ceived by the candidate under section 503. 

20 ‘‘(b) EXCEPTION FOR EXPENDITURES INCURRED

21 BUT NOT PAID AS OF DATE OF REMITTANCE.— 

22 ‘‘(1) IN GENERAL.—Subject to subsection (a), a 

23 candidate may withhold from the amount required to 

24 be remitted under paragraph (1) of such subsection 

25 the amount of any authorized expenditures which 


jbell on DSKDVH8Z91PROD with BILLS
27 

•HR 1404 IH

1 were incurred in connection with the candidate’s 

2 campaign but which remain unpaid as of the dead3 line applicable to the candidate under such sub4 section, except that any amount withheld pursuant 

5 to this paragraph shall be remitted to the Commis6 sion not later than 120 days after the date of the 

7 election to which such subsection applies. 

8 ‘‘(2) DOCUMENTATION REQUIRED.—A can9 didate may withhold an amount of an expenditure 

10 pursuant to paragraph (1) only if the candidate sub11 mits documentation of the expenditure and the 

12 amount to the Commission not later than the dead13 line applicable to the candidate under subsection (a). 

14 ‘‘Subtitle D—Administrative 

15 Provisions 

16 ‘‘SEC. 531. FAIR ELECTIONS FUND. 

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

18 Treasury a fund to be known as the ‘Fair Elections Fund’. 

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

20 consist of the following amounts: 

21 ‘‘(1) APPROPRIATED AMOUNTS.—Amounts ap22 propriated to the Fund, including trust fund 

23 amounts appropriated pursuant to applicable provi24 sions of the Internal Revenue Code of 1986. 


jbell on DSKDVH8Z91PROD with BILLS
28 

•HR 1404 IH

1 ‘‘(2) VOLUNTARY CONTRIBUTIONS.—Voluntary 

2 contributions to the Fund. 

3 ‘‘(3) TRANSFERS RESULTING FROM PAYMENT

4 OF CIVIL PENALTIES.—Amounts transferred into the 

5 Fund pursuant to section 309(a)(13). 

6 ‘‘(4) OTHER DEPOSITS.—Amounts deposited 

7 into the Fund under— 

8 ‘‘(A) section 521(a)(3) (relating to excep9 tions to contribution requirements); 

10 ‘‘(B) section 523 (relating to remittance of 

11 allocations from the Fund); 

12 ‘‘(C) section 534 (relating to violations); 

13 and 

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

15 ‘‘(5) INVESTMENT RETURNS.—Interest on, and 

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

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

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

19 portions of the Fund in obligations of the United States 

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

21 of the Internal Revenue Code of 1986. 

22 ‘‘(d) USE OF FUND.— 

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

24 shall be used to provide benefits to participating 

25 candidates as provided in subtitle A. 


jbell on DSKDVH8Z91PROD with BILLS
29 

•HR 1404 IH

1 ‘‘(2) INSUFFICIENT AMOUNTS.—Under regula2 tions established by the Commission, rules similar to 

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

4 Code of 1986 shall apply. 

5 ‘‘SEC. 532. FAIR ELECTIONS OVERSIGHT BOARD. 

6 ‘‘(a) ESTABLISHMENT.—There is established within 

7 the Federal Election Commission an entity to be known 

8 as the ‘Fair Elections Oversight Board’. 

9 ‘‘(b) STRUCTURE AND MEMBERSHIP.— 

10 ‘‘(1) IN GENERAL.—The Board shall be com11 posed of 5 members appointed by the President, of 

12 whom— 

13 ‘‘(A) 2 shall be appointed after consulta14 tion with the majority leader of the House of 

15 Representatives; 

16 ‘‘(B) 2 shall be appointed after consulta17 tion with the minority leader of the House of 

18 Representatives; and 

19 ‘‘(C) 1 shall be appointed upon the rec20 ommendation of the members appointed under 

21 subparagraphs (A) and (B). 

22 ‘‘(2) QUALIFICATIONS.— 

23 ‘‘(A) IN GENERAL.—The members shall be 

24 individuals who are nonpartisan and, by reason 

25 of their education, experience, and attainments, 


jbell on DSKDVH8Z91PROD with BILLS
30 

•HR 1404 IH

1 exceptionally qualified to perform the duties of 

2 members of the Board. 

3 ‘‘(B) PROHIBITION.—No member of the 

4 Board may be— 

5 ‘‘(i) an employee of the Federal Gov6 ernment; 

7 ‘‘(ii) a registered lobbyist or an indi8 vidual who was a registered lobbyist at any 

9 time during the 2-year period preceding 

10 appointment to the Board; or 

11 ‘‘(iii) an officer or employee of a polit12 ical party or political campaign. 

13 ‘‘(3) DATE.—Members of the Board shall be 

14 appointed not later than 60 days after the date of 

15 the enactment of this Act. 

16 ‘‘(4) TERMS.—A member of the Board shall be 

17 appointed for a term of 5 years. 

18 ‘‘(5) VACANCIES.—A vacancy on the Board 

19 shall be filled not later than 30 calendar days after 

20 the date on which the Board is given notice of the 

21 vacancy, in the same manner as the original ap22 pointment. The individual appointed to fill the va23 cancy shall serve only for the unexpired portion of 

24 the term for which the individual’s predecessor was 

25 appointed. 


jbell on DSKDVH8Z91PROD with BILLS
31 

•HR 1404 IH

1 ‘‘(6) CHAIRPERSON.—The Board shall des2 ignate a Chairperson from among the members of 

3 the Board. 

4 ‘‘(c) DUTIES AND POWERS.— 

5 ‘‘(1) ADMINISTRATION.—The Board shall have 

6 such duties and powers as the Commission may pre7 scribe, including the power to administer the provi8 sions of this title. 

9 ‘‘(2) REVIEW OF FAIR ELECTIONS FINANC10 ING.— 

11 ‘‘(A) IN GENERAL.—After each regularly 

12 scheduled general election for Federal office, 

13 the Board shall conduct a comprehensive review 

14 of the Fair Elections financing program under 

15 this title, including— 

16 ‘‘(i) the maximum dollar amount of 

17 qualified small dollar contributions under 

18 section 503(f); 

19 ‘‘(ii) the maximum and minimum dol20 lar amounts for qualifying contributions 

21 under section 512(d); 

22 ‘‘(iii) the number and value of quali23 fying contributions a candidate is required 

24 to obtain under section 512(a) to be eligiVerDate Mar 15 2010 07:13 Apr 08, 2011 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H1404.IH H1404

jbell on DSKDVH8Z91PROD with BILLS
32 

•HR 1404 IH

1 ble for certification as a participating can2 didate; 

3 ‘‘(iv) the amount of allocations that 

4 candidates may receive under section 502; 

5 ‘‘(v) the maximum amount of pay6 ments a candidate may receive under sec7 tion 503; 

8 ‘‘(vi) the overall satisfaction of partici9 pating candidates and the American public 

10 with the program; and 

11 ‘‘(vii) such other matters relating to 

12 financing of House of Representatives 

13 campaigns as the Board determines are 

14 appropriate. 

15 ‘‘(B) CRITERIA FOR REVIEW.—In con16 ducting the review under subparagraph (A), the 

17 Board shall consider the following: 

18 ‘‘(i) QUALIFYING CONTRIBUTIONS

19 AND QUALIFIED SMALL DOLLAR CON20 TRIBUTIONS.—The Board shall consider 

21 whether the number and dollar amount of 

22 qualifying contributions required and max23 imum dollar amount for such qualifying 

24 contributions and qualified small dollar 

25 contributions strikes a balance regarding 


jbell on DSKDVH8Z91PROD with BILLS
33 

•HR 1404 IH

1 the importance of voter involvement, the 

2 need to assure adequate incentives for par3 ticipating, and fiscal responsibility, taking 

4 into consideration the number of primary 

5 and general election participating can6 didates, the electoral performance of those 

7 candidates, program cost, and any other 

8 information the Board determines is ap9 propriate. 

10 ‘‘(ii) REVIEW OF PROGRAM BENE11 FITS.—The Board shall consider whether 

12 the totality of the amount of funds allowed 

13 to be raised by participating candidates 

14 (including through qualifying contributions 

15 and small dollar contributions), allocations 

16 under section 502, and payments under 

17 section 503 are sufficient for voters in each 

18 State to learn about the candidates to cast 

19 an informed vote, taking into account the 

20 historic amount of spending by winning 

21 candidates, media costs, primary election 

22 dates, and any other information the 

23 Board determines is appropriate. 

24 ‘‘(C) ADJUSTMENT OF AMOUNTS.— 


jbell on DSKDVH8Z91PROD with BILLS
34 

•HR 1404 IH

1 ‘‘(i) IN GENERAL.—Based on the re2 view conducted under subparagraph (A), 

3 the Board shall provide for the adjust4 ments of the following amounts: 

5 ‘‘(I) the maximum dollar amount 

6 of qualified small dollar contributions 

7 under section 503(f); 

8 ‘‘(II) the maximum and min9 imum dollar amounts for qualifying 

10 contributions under section 512(d); 

11 ‘‘(III) the number and value of 

12 qualifying contributions a candidate is 

13 required to obtain under section 

14 512(a) to be eligible for certification 

15 as a participating candidate; 

16 ‘‘(IV) the base amount for can17 didates under section 502(b); and 

18 ‘‘(V) the maximum amount of 

19 matching contributions a candidate 

20 may receive under section 503(b). 

21 ‘‘(ii) REGULATIONS.—The Commis22 sion shall promulgate regulations providing 

23 for the adjustments made by the Board 

24 under clause (i). 


jbell on DSKDVH8Z91PROD with BILLS
35 

•HR 1404 IH

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

2 following any general election for Federal office, 

3 the Board shall submit a report to Congress on 

4 the review conducted under paragraph (1). 

5 Such report shall contain a detailed statement 

6 of the findings, conclusions, and recommenda7 tions of the Board based on such review. 

8 ‘‘(d) MEETINGS AND HEARINGS.— 

9 ‘‘(1) MEETINGS.—The Board may hold such 

10 hearings, sit and act at such times and places, take 

11 such testimony, and receive such evidence as the 

12 Board considers advisable to carry out the purposes 

13 of this Act. 

14 ‘‘(2) QUORUM.—Three members of the Board 

15 shall constitute a quorum for purposes of voting, but 

16 a quorum is not required for members to meet and 

17 hold hearings. 

18 ‘‘(e) REPORTS.—Not later than March 30, 2012, and 

19 every 2 years thereafter, the Board shall submit to the 

20 Committee on House Administration of the House of Rep21 resentatives a report documenting, evaluating, and making 

22 recommendations relating to the administrative implemen23 tation and enforcement of the provisions of this title. 

24 ‘‘(f) ADMINISTRATION.— 

25 ‘‘(1) COMPENSATION OF MEMBERS.— 


jbell on DSKDVH8Z91PROD with BILLS
36 

•HR 1404 IH

1 ‘‘(A) IN GENERAL.—Each member, other 

2 than the Chairperson, shall be paid at a rate 

3 equal to the daily equivalent of the minimum 

4 annual rate of basic pay prescribed for level IV 

5 of the Executive Schedule under section 5315 

6 of title 5, United States Code. 

7 ‘‘(B) CHAIRPERSON.—The Chairperson 

8 shall be paid at a rate equal to the daily equiva9 lent of the minimum annual rate of basic pay 

10 prescribed for level III of the Executive Sched11 ule under section 5314 of title 5, United States 

12 Code. 

13 ‘‘(2) PERSONNEL.— 

14 ‘‘(A) DIRECTOR.—The Board shall have a 

15 staff headed by an Executive Director. The Ex16 ecutive Director shall be paid at a rate equiva17 lent to a rate established for the Senior Execu18 tive Service under section 5382 of title 5, 

19 United States Code. 

20 ‘‘(B) STAFF APPOINTMENT.—With the ap21 proval of the Chairperson, the Executive Direc22 tor may appoint such personnel as the Execu23 tive Director and the Board determines to be 

24 appropriate. 


jbell on DSKDVH8Z91PROD with BILLS
37 

•HR 1404 IH

1 ‘‘(C) EXPERTS AND CONSULTANTS.—With 

2 the approval of the Chairperson, the Executive 

3 Director may procure temporary and intermit4 tent services under section 3109(b) of title 5, 

5 United States Code. 

6 ‘‘(D) DETAIL OF GOVERNMENT EMPLOY7 EES.—Upon the request of the Chairperson, the 

8 head of any Federal agency may detail, without 

9 reimbursement, any of the personnel of such 

10 agency to the Board to assist in carrying out 

11 the duties of the Board. Any such detail shall 

12 not interrupt or otherwise affect the civil service 

13 status or privileges of the Federal employee. 

14 ‘‘(E) OTHER RESOURCES.—The Board 

15 shall have reasonable access to materials, re16 sources, statistical data, and other information 

17 from the Library of Congress and other agen18 cies of the executive and legislative branches of 

19 the Federal Government. The Chairperson of 

20 the Board shall make requests for such access 

21 in writing when necessary. 

22 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated such sums as are nec24 essary to carry out the purposes of this subtitle. 


jbell on DSKDVH8Z91PROD with BILLS
38 

•HR 1404 IH

1 ‘‘SEC. 533. ADMINISTRATION BY COMMISSION. 

2 ‘‘The Commission shall prescribe regulations to carry 

3 out the purposes of this title, including regulations— 

4 ‘‘(1) to establish procedures for— 

5 ‘‘(A) verifying the amount of valid quali6 fying contributions with respect to a candidate; 

7 ‘‘(B) effectively and efficiently monitoring 

8 and enforcing the limits on the raising of quali9 fied small dollar contributions; 

10 ‘‘(C) effectively and efficiently monitoring 

11 and enforcing the limits on the use of personal 

12 funds by participating candidates; and 

13 ‘‘(D) monitoring the use of allocations 

14 from the Fair Elections Fund established under 

15 section 531 and matching contributions under 

this title through audits of not fewer than 1 16 ⁄3 of 

17 all participating candidates or other mecha18 nisms; and 

19 ‘‘(2) regarding the conduct of debates in a man20 ner consistent with the best practices of States that 

21 provide public financing for elections. 

22 ‘‘SEC. 534. VIOLATIONS AND PENALTIES. 

23 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU24 TION AND EXPENDITURE REQUIREMENTS.—If a can25 didate who has been certified as a participating candidate 

26 accepts a contribution or makes an expenditure that is 


jbell on DSKDVH8Z91PROD with BILLS
39 

•HR 1404 IH

1 prohibited under section 521, the Commission shall assess 

2 a civil penalty against the candidate in an amount that 

3 is not more than 3 times the amount of the contribution 

4 or expenditure. Any amounts collected under this sub5 section shall be deposited into the Fair Elections Fund 

6 established under section 531. 

7 ‘‘(b) REPAYMENT FOR IMPROPER USE OF FAIR

8 ELECTIONS FUND.— 

9 ‘‘(1) IN GENERAL.—If the Commission deter10 mines that any benefit made available to a partici11 pating candidate was not used as provided for in 

12 this title or that a participating candidate has vio13 lated any of the dates for remission of funds con14 tained in this title, the Commission shall so notify 

15 the candidate and the candidate shall pay to the 

16 Fund an amount equal to— 

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

18 remitted, as appropriate; and 

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

20 rate determined by the Commission). 

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

22 action by the Commission in accordance with this 

23 subsection shall not preclude enforcement pro24 ceedings by the Commission in accordance with sec25 tion 309(a), including a referral by the Commission 


jbell on DSKDVH8Z91PROD with BILLS
40 

•HR 1404 IH

1 to the Attorney General in the case of an apparent 

2 knowing and willful violation of this title. 

3 ‘‘SEC. 535. ELECTION CYCLE DEFINED. 

4 ‘‘In this title, the term ‘election cycle’ means, with 

5 respect to an election for the office of Representative in, 

6 or Delegate or Resident Commissioner to, the Congress, 

7 the period beginning on the day after the date of the most 

8 recent general election for that office (or, if the general 

9 election resulted in a runoff election, the date of the runoff 

10 election) and ending on the date of the next general elec11 tion for that office (or, if the general election resulted in 

12 a runoff election, the date of the runoff election).’’. 

13 SEC. 102. TRANSFER OF PORTION OF CIVIL MONEY PEN14 ALTIES INTO FAIR ELECTIONS FUND. 

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

16 of 1971 (2 U.S.C. 437g(a)) is amended by adding at the 

17 end the following new paragraph: 

18 ‘‘(13) Upon receipt in the General Fund of the Treas19 ury of any payment attributable to a civil money penalty 

20 imposed under this subsection, there shall be transferred 

21 to the Fair Elections Fund established under section 531 

22 an amount equal to 50 percent of the amount of such pay23 ment.’’. 


jbell on DSKDVH8Z91PROD with BILLS
41 

•HR 1404 IH

1 SEC. 103. PROHIBITING USE OF CONTRIBUTIONS BY PAR2 TICIPATING CANDIDATES FOR PURPOSES 

3 OTHER THAN CAMPAIGN FOR ELECTION. 

4 Section 313 of the Federal Election Campaign Act 

5 of 1971 (2 U.S.C. 439a) is amended by adding at the end 

6 the following new subsection: 

7 ‘‘(d) RESTRICTIONS ON PERMITTED USES OF FUNDS

8 BY CANDIDATES RECEIVING FAIR ELECTIONS FINANC9 ING.—Notwithstanding paragraphs (2), (3), or (4) of sub10 section (a), if a candidate for election for the office of Rep11 resentative in, or Delegate or Resident Commissioner to, 

12 the Congress is certified as a participating candidate 

13 under title V with respect to the election, any contribution 

14 which the candidate is permitted to accept under such title 

15 may be used only for authorized expenditures in connec16 tion with the candidate’s campaign for such office.’’. 

17 SEC. 104. PROHIBITION ON JOINT FUNDRAISING COMMIT18 TEES. 

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

20 of 1971 (2 U.S.C. 432(e)) is amended by adding at the 

21 end the following new paragraph: 

22 ‘‘(6) No authorized committee of a candidate 

23 may establish a joint fundraising committee with a 

24 political committee other than an authorized com25 mittee of a candidate.’’. 


jbell on DSKDVH8Z91PROD with BILLS
42 

•HR 1404 IH

1 SEC. 105. TREATMENT OF COORDINATED EXPENDITURES 

2 BY POLITICAL PARTY COMMITTEES ON BE3 HALF OF PARTICIPATING CANDIDATES. 

4 (a) REVISION OF LIMITATIONS.—Section 315(d)(3) 

5 of the Federal Election Campaign Act of 1971 (2 U.S.C. 

6 441a(d)) is amended— 

7 (1) by redesignating subparagraphs (A) and 

8 (B) as subparagraphs (B) and (C), respectively; and 

9 (2) by inserting before subparagraph (B), as re10 designated by paragraph (1), the following new sub11 paragraph: 

12 ‘‘(A) in the case of a candidate for election 

13 to the office of Representative in, or Delegate 

14 or Resident Commissioner to, the Congress who 

15 is certified as a participating candidate under 

16 title V, the lesser of— 

17 ‘‘(i) 10 percent of the allocation that 

18 the participating candidate is eligible to re19 ceive for the general election under section 

20 502(a); or 

21 ‘‘(ii) the amount which would (but for 

22 this subparagraph) apply with respect to 

23 such candidate under subparagraph (B);’’. 

24 (b) CONFORMING AMENDMENT.—Section 315(d)(3) 

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


jbell on DSKDVH8Z91PROD with BILLS
43 

•HR 1404 IH

1 (1) in subparagraph (B) (as redesignated by 

2 subsection (a)), by inserting ‘‘who is not certified as 

3 a participating candidate under title V’’ after ‘‘only 

4 one Representative’’; and 

5 (2) in subparagraph (C) (as redesignated by 

6 subsection (a)), by inserting ‘‘who is not certified as 

7 a participating candidate under title V’’ after ‘‘any 

8 other State’’. 

9 TITLE II—RESPONSIBILITIES OF 

10 THE FEDERAL ELECTION 

11 COMMISSION 

12 SEC. 201. PETITION FOR CERTIORARI. 

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

14 Act of 1971 (2 U.S.C. 437d(a)(6)) is amended by insert15 ing ‘‘(including a proceeding before the Supreme Court on 

16 certiorari)’’ after ‘‘appeal’’. 

17 SEC. 202. FILING BY ALL CANDIDATES WITH COMMISSION. 

18 Section 302(g) of the Federal Election Campaign Act 

19 of 1971 (2 U.S.C. 432(g)) is amended to read as follows: 

20 ‘‘(g) FILING WITH THE COMMISSION.—All des21 ignations, statements, and reports required to be 

22 filed under this Act shall be filed with the Commis23 sion.’’. 


jbell on DSKDVH8Z91PROD with BILLS
44 

•HR 1404 IH

1 SEC. 203. ELECTRONIC FILING OF FEC REPORTS. 

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

3 Act of 1971 (2 U.S.C. 434(a)(11)) is amended— 

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

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

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

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

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

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

12 (3) by striking subparagraph (D). 

13 TITLE III—MISCELLANEOUS 

14 PROVISIONS 

15 SEC. 301. SEVERABILITY. 

16 If any provision of this Act or amendment made by 

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

18 to any person or circumstance, is held to be unconstitu19 tional, the remainder of this Act and amendments made 

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

21 amendment to any person or circumstance, shall not be 

22 affected by the holding. 


jbell on DSKDVH8Z91PROD with BILLS
45 

•HR 1404 IH

1 SEC. 302. EFFECTIVE DATE. 

2 Except as otherwise provided for in this Act, this Act 

3 and the amendments made by this Act shall take effect 

4 on January 1, 2012. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS