I 

112TH CONGRESS 

1ST SESSION H. R. 2038 

To amend the Federal Election Campaign Act of 1971 to provide for 

limitations on expenditures in elections for the House of Representatives. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 26, 2011 

Mr. HIGGINS introduced the following bill; which was referred to the 

Committee on House Administration 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

provide for limitations on expenditures in elections for 

the House of Representatives. 

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; FINDINGS. 

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

5 ‘‘Restoring Confidence Through Smarter Campaigns 

6 Act’’. 

7 (b) FINDINGS.—Congress finds the following: 

8 (1) The Supreme Court decision in Buckley v. 

9 Valeo failed to recognize that unlimited spending on 

10 elections has a corrosive effect on the electoral procVerDate Mar 15 2010 07:43 Jun 02, 2011 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2038.IH H2038

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1 ess and on public confidence in the integrity of the 

2 electoral process. 

3 (2) Restoring Congress’s regulatory power over 

4 campaign expenditures will level the playing field by 

5 creating a realistic opportunity for more Americans 

6 to seek Federal office and by encouraging elections 

7 that are more competitive. 

8 (3) Limiting the need for incessant fundraising 

9 by Members of Congress may restore the public’s 

10 confidence in both the electoral process and in the 

11 accountability of Members to the constituents who 

12 elect them. 

13 SEC. 2. EXPENDITURE LIMITATIONS IN HOUSE ELECTIONS. 

14 (a) ESTABLISHMENT OF LIMITATIONS.—Section 315 

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

16 441a) is amended by adding at the end the following new 

17 subsection: 

18 ‘‘(k) EXPENDITURE LIMITATIONS IN HOUSE ELEC19 TIONS.— 

20 ‘‘(1) LIMITATIONS.— 

21 ‘‘(A) IN GENERAL.—A candidate for elec22 tion for the office of Representative in, or Dele23 gate or Resident Commissioner to, the Congress 

24 and the authorized committees of the candidate 

25 may not make expenditures which in the aggreVerDate Mar 15 2010 07:43 Jun 02, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2038.IH H2038

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1 gate exceed $500,000 during the election cycle, 

2 of which— 

3 ‘‘(i) not more than $250,000 may be 

4 attributable to expenditures made with re5 spect to a primary election; and 

6 ‘‘(ii) not more than $250,000 may be 

7 attributable to expenditures made with re8 spect to a general election. 

9 ‘‘(B) INCREASE IN LIMITATIONS FOR RUN10 OFF ELECTIONS.—In the case of a candidate in 

11 a runoff election, the candidate and the author12 ized committees of the candidate may make an 

13 additional amount of expenditures which in the 

14 aggregate do not exceed $250,000, of which— 

15 ‘‘(i) not more than $125,000 may be 

16 attributable to expenditures made with re17 spect to a primary runoff election; and 

18 ‘‘(ii) not more than $125,000 may be 

19 attributable to expenditures made with re20 spect to a general runoff election. 

21 ‘‘(2) EXCLUSION OF EXPENDITURES FOR

22 LEGAL SERVICES.—In determining the amount of 

23 expenditures made for purposes of this subsection, 

24 there shall be excluded any expenditures made for 

25 legal services in connection with the campaign. 


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1 ‘‘(3) PENALTIES.—Any candidate who makes 

2 expenditures in an election in excess of the limit ap3 plicable to the election under paragraph (1) shall 

4 pay to the Commission a civil money penalty in an 

5 amount determined as follows: 

6 ‘‘(A) If the amount of expenditures in ex7 cess of the limit is equal to or less than 2.5 per8 cent of the amount of the limit, the penalty 

9 shall be equal to the amount of the excess ex10 penditures. 

11 ‘‘(B) If the amount of expenditures in ex12 cess of the limit is greater than 2.5 percent but 

13 equal to or less than 5 percent of the amount 

14 of the limit, the penalty shall be equal to 300 

15 percent of the amount of the excess expendi16 tures. 

17 ‘‘(C) If the amount of expenditures in ex18 cess of the limit is greater than 5 percent of the 

19 amount of the limit, the penalty shall be equal 

20 to the sum of 300 percent of the amount of the 

21 excess expenditures plus an additional penalty 

22 determined by the Commission.’’. 

23 (b) INDEXING OF AMOUNTS.— 


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1 (1) APPLICATION OF INDEXING.—Section 

2 315(c)(1) of such Act (2 U.S.C. 441a(c)(1)) is 

3 amended— 

4 (A) in subparagraph (B)(i), by striking ‘‘or 

5 (h)’’ and inserting ‘‘(h), or (k)’’; and 

6 (B) in subparagraph (C), by striking ‘‘and 

7 (h)’’ and inserting ‘‘(h), and (k)’’. 

8 (2) DETERMINATION OF BASE YEAR.—Section 

9 315(c)(2)(B) of such Act (2 U.S.C. 441a(c)(2)(B)) 

10 is amended— 

11 (A) by striking ‘‘and’’ at the end of clause 

12 (i); 

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

14 clause (ii) and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following new 

16 clause: 

17 ‘‘(iii) for purposes of subsection (k), 

18 calendar year 2013.’’. 

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

20 this section shall apply with respect to elections held on 

21 or after January 1, 2013. 

Æ 


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