I 

114TH CONGRESS 

2D SESSION H. R. 6449 

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

advertising vouchers and payments to defray the costs of postage for 

candidates in general elections to the Senate or House of Representatives 

who agree to restrictions on the types of contributions such candidates 

raise and the types of expenditures such candidates make, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 7, 2016 

Mr. BRENDAN F. BOYLE of Pennsylvania introduced the following bill; which 

was referred to the Committee on House Administration, and in addition 

to the Committee on Energy and Commerce, 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 amend the Federal Election Campaign Act of 1971 to 

provide political advertising vouchers and payments to 

defray the costs of postage for candidates in general 

elections to the Senate or House of Representatives who 

agree to restrictions on the types of contributions such 

candidates raise and the types of expenditures such candidates make, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Clean Money Act of 2016’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—BENEFITS FOR PARTICIPATING CANDIDATES 

Sec. 101. Political advertising vouchers and payments to defray costs of postage 

for participating candidates. 

‘‘TITLE V—BENEFITS FOR PARTICIPATING CANDIDATES 

‘‘Subtitle A—Entitlement to Vouchers and Payments To Defray Costs of 

Postage 

‘‘Sec. 501. Provision of political advertising vouchers. 

‘‘Sec. 502. Procedures for redemption of political advertising vouchers. 

‘‘Sec. 503. Funds to defray costs of postage. 

‘‘Sec. 504. Qualified small dollar contributions described. 

‘‘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 and expenditure requirements. 

‘‘Sec. 522. Administration of campaign. 

‘‘Sec. 523. Returning unused vouchers and funds after election. 

‘‘Subtitle D—Administrative Provisions 

‘‘Sec. 531. Clean Money Fund. 

‘‘Sec. 532. Administration by Commission. 

‘‘Sec. 533. Violations and penalties. 

‘‘Sec. 534. Appeals process. 

‘‘Sec. 535. Indexing of amounts. 

‘‘Sec. 536. Election cycle defined. 

Sec. 102. Contributions and expenditures by multicandidate and political party 

political committees on behalf of participating candidates. 

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

TITLE II—EXPANDING CANDIDATE ACCESS TO ADVERTISING 

Sec. 201. Broadcasts by candidates. 


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TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. Severability. 

1 TITLE I—BENEFITS FOR 

2 PARTICIPATING CANDIDATES 

3 SEC. 101. POLITICAL ADVERTISING VOUCHERS AND PAY4 MENTS TO DEFRAY COSTS OF POSTAGE FOR 

5 PARTICIPATING CANDIDATES. 

6 The Federal Election Campaign Act of 1971 (52 

7 U.S.C. 30101 et seq.) is amended by adding at the end 

8 the following new title: 

9 ‘‘TITLE V—BENEFITS FOR 

10 PARTICIPATING CANDIDATES 

11 ‘‘Subtitle A—Entitlement to Vouch12 ers and Payments To Defray 

13 Costs of Postage 

14 ‘‘SEC. 501. PROVISION OF POLITICAL ADVERTISING VOUCH15 ERS. 

16 ‘‘(a) IN GENERAL.—If a candidate in a general elec17 tion to the office of Senator or Representative in, or Dele18 gate or Resident Commissioner to, the Congress is cer19 tified as a participating candidate under this title with re20 spect to the election for such office, the candidate shall 

21 be entitled to political advertising vouchers as provided 

22 under this section. 


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1 ‘‘(b) VALUE OF VOUCHER.—The value of a political 

2 advertising voucher provided to a candidate under this sec3 tion shall be equal to the product of— 

4 ‘‘(1) the population of the State (in the case of 

5 a candidate for the office of Senator) or the congres6 sional district involved (in the case of a candidate 

7 for the office of Representative in, or Delegate or 

8 Resident Commissioner to, the Congress), based on 

9 the most recent information available from the Bu10 reau of the Census; and 

11 ‘‘(2) $1. 

12 ‘‘(c) TIMING.—The Commission shall provide polit13 ical advertising vouchers under this section to a candidate 

14 not later than 7 days after the candidate is certified as 

15 a participating candidate under this title. 

16 ‘‘SEC. 502. PROCEDURES FOR REDEMPTION OF POLITICAL 

17 ADVERTISING VOUCHERS. 

18 ‘‘(a) USE.— 

19 ‘‘(1) EXCLUSIVE USE.—Vouchers provided by 

20 the Commission to participating candidates under 

21 section 501 may be used only for the purchase of 

22 broadcast time for political advertisements relating 

23 to an election for the office of Senator or Member 

24 of the House of Representatives (including a Dele25 gate or Resident Commissioner to the Congress) by 


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1 the participating candidate to which the vouchers 

2 were provided, except that— 

3 ‘‘(A) a candidate may exchange vouchers 

4 with a political party under paragraph (2); and 

5 ‘‘(B) a political party may use vouchers 

6 only to purchase broadcast time for political ad7 vertisements for generic party advertising (as 

8 defined by the Commission in regulations), to 

9 support candidates for State or local office in a 

10 general election, or to support participating 

11 candidates of the party in a general election for 

12 Federal office, but only if it discloses the value 

13 of the voucher used as an expenditure under 

14 section 315(d). 

15 ‘‘(2) EXCHANGE WITH POLITICAL PARTY COM16 MITTEE.— 

17 ‘‘(A) IN GENERAL.—A participating can18 didate who receives a voucher under this section 

19 may transfer the right to use all or a portion 

20 of the value of the voucher to a committee of 

21 the political party of which the individual is a 

22 candidate in exchange for money in an amount 

23 equal to the cash value of the voucher or por24 tion exchanged. 


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1 ‘‘(B) CONTINUATION OF CANDIDATE OBLI2 GATIONS.—The transfer of a voucher, in whole 

3 or in part, to a political party committee under 

4 this paragraph does not release the candidate 

5 from any obligation with respect to the provi6 sion of the voucher under this title. 

7 ‘‘(C) PARTY COMMITTEE OBLIGATIONS.— 

8 Any political party committee to which a vouch9 er or portion thereof is transferred under sub10 paragraph (A)— 

11 ‘‘(i) shall account fully, in accordance 

12 with such requirements as the Commission 

13 may establish, for the receipt of the vouch14 er; and 

15 ‘‘(ii) may not use the transferred 

16 voucher or portion thereof for any purpose 

17 other than a purpose described in para18 graph (1)(B). 

19 ‘‘(D) VOUCHER AS A CONTRIBUTION.—If a 

20 candidate transfers a voucher or any portion 

21 thereof to a political party committee under 

22 subparagraph (A)— 

23 ‘‘(i) the value of the voucher or por24 tion thereof transferred shall be treated as 

25 a contribution from the candidate to the 


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1 committee, and from the committee to the 

2 candidate, for purposes of sections 302 

3 and 304; 

4 ‘‘(ii) the committee may, in exchange, 

5 provide to the candidate only funds subject 

6 to the prohibitions, limitations, and report7 ing requirements of title III of this Act; 

8 and 

9 ‘‘(iii) the amount, if identified as a 

10 ‘voucher exchange’, shall not be considered 

11 a contribution for the purposes of sections 

12 315 and 513. 

13 ‘‘(b) VALUE; ACCEPTANCE; REDEMPTION.— 

14 ‘‘(1) VOUCHER.—Each voucher disbursed by 

15 the Commission under this section shall have a value 

16 in dollars, redeemable upon presentation to the 

17 Commission, together with such documentation and 

18 other information as the Commission may require, 

19 for the purchase of broadcast time for political ad20 vertisements in accordance with this section. 

21 ‘‘(2) ACCEPTANCE.—A broadcasting station 

22 shall accept vouchers as payment for the purchase of 

23 broadcast time for political advertisements in accord24 ance with this section. 


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1 ‘‘(3) REDEMPTION.—The Commission shall re2 deem vouchers accepted by broadcasting stations 

3 under paragraph (2) upon presentation, subject to 

4 such documentation, verification, accounting, and 

5 application requirements as the Commission may im6 pose to ensure the accuracy and integrity of the 

7 voucher redemption system. 

8 ‘‘(4) EXPIRATION.— 

9 ‘‘(A) CANDIDATES.—A voucher may only 

10 be used to pay for broadcast time for political 

11 advertisements to be broadcast before midnight 

12 on the day before the date of the Federal elec13 tion in connection with which it was issued and 

14 shall be null and void for any other use or pur15 pose. 

16 ‘‘(B) EXCEPTION FOR POLITICAL PARTY

17 COMMITTEES.—A voucher held by a political 

18 party committee may be used to pay for broad19 cast time for political advertisements to be 

20 broadcast before midnight on December 31st of 

21 the odd-numbered year following the year in 

22 which the voucher was issued by the Commis23 sion. 


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1 ‘‘(5) VOUCHER AS EXPENDITURE.—The use of 

2 a voucher to purchase broadcast time constitutes an 

3 expenditure as defined in section 301(9)(A). 

4 ‘‘(c) DEFINITIONS.—In this section: 

5 ‘‘(1) BROADCASTING STATION.—The term 

6 ‘broadcasting station’ has the meaning given that 

7 term by section 315(f)(1) of the Communications 

8 Act of 1934. 

9 ‘‘(2) POLITICAL PARTY.—The term ‘political 

10 party’ means a major party or a minor party as de11 fined in section 9002(3) or (4) of the Internal Rev12 enue Code of 1986 (26 U.S.C. 9002(3) or (4)). 

13 ‘‘SEC. 503. FUNDS TO DEFRAY COSTS OF POSTAGE. 

14 ‘‘(a) AVAILABILITY OF PAYMENT.—If a candidate in 

15 a general election to the office of Senator or Representa16 tive in, or Delegate or Resident Commissioner to, the Con17 gress is certified as a participating candidate under this 

18 title with respect to the election for such office, the can19 didate shall be entitled to a payment under this title to 

20 defray the costs of postage incurred in connection with 

21 the election by authorized committees of the candidate. 

22 ‘‘(b) AMOUNT.—The amount of the payment made to 

23 a candidate under this section to defray the costs of post24 age shall be equal to the product of— 


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1 ‘‘(1) the population of the State (in the case of 

2 a candidate for the office of Senator) or the congres3 sional district involved (in the case of a candidate 

4 for the office of Representative in, or Delegate or 

5 Resident Commissioner to, the Congress), based on 

6 the most recent information available from the Bu7 reau of the Census; and 

8 ‘‘(2) 50 cents. 

9 ‘‘(c) USE OF FUNDS.—Upon receiving a payment 

10 under this section, a candidate shall deposit the payment 

11 in a separate, segregated account of any authorized com12 mittees of the candidate, and shall ensure that amounts 

13 in such account are used solely for the payment of postage 

14 incurred by such committees in connection with the elec15 tion. 

16 ‘‘(d) TIMING.—The Commission shall make a pay17 ment under this section to a candidate not later than 7 

18 days after the candidate is certified as a participating can19 didate under this title. 

20 ‘‘SEC. 504. QUALIFIED SMALL DOLLAR CONTRIBUTIONS DE21 SCRIBED. 

22 ‘‘(a) IN GENERAL.—In this title, the term ‘qualified 

23 small dollar contribution’ means, with respect to a can24 didate and the authorized committees of a candidate, a 

25 contribution that meets the following requirements: 


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1 ‘‘(1) The contribution is in an amount that is— 

2 ‘‘(A) not less than $1; and 

3 ‘‘(B) not more than $200. 

4 ‘‘(2) The contribution is made by an individual, 

5 either directly or through an intermediary or conduit 

6 (as described in section 315(a)(8)), who is not other7 wise prohibited from making a contribution under 

8 this Act. 

9 ‘‘(3) The individual who makes the contribution 

10 does not make contributions to the candidate or the 

11 authorized committees of the candidate with respect 

12 to the election involved in an aggregate amount that 

13 exceeds the amount described in paragraph (1)(B), 

14 or any contribution to the candidate or the author15 ized committees of the candidate with respect to the 

16 election involved that otherwise is not a qualified 

17 small dollar contribution. 

18 ‘‘(b) RESTRICTION ON SUBSEQUENT CONTRIBU19 TIONS.— 

20 ‘‘(1) PROHIBITING DONOR FROM MAKING SUB21 SEQUENT NON-QUALIFIED CONTRIBUTIONS DURING

22 ELECTION CYCLE.— 

23 ‘‘(A) IN GENERAL.—An individual who 

24 makes a qualified small dollar contribution to a 

25 candidate or the authorized committees of a 


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1 candidate with respect to an election may not 

2 make any subsequent contribution to such can3 didate or the authorized committees of such 

4 candidate with respect to the election cycle 

5 which is not a qualified small dollar contribu6 tion. 

7 ‘‘(B) EXCEPTION FOR CONTRIBUTIONS TO

8 CANDIDATES WHO VOLUNTARILY WITHDRAW

9 FROM PARTICIPATION DURING QUALIFYING PE10 RIOD.—Subparagraph (A) does not apply with 

11 respect to a contribution made to a candidate 

12 who, during the Clean Money qualifying period 

13 described in section 511(c), submits a state14 ment to the Commission under section 513(c) 

15 to voluntarily withdraw from participating in 

16 the program under this title. 

17 ‘‘(2) TREATMENT OF SUBSEQUENT NON-QUALI18 FIED CONTRIBUTIONS.—If, notwithstanding the pro19 hibition described in paragraph (1), an individual 

20 who makes a qualified small dollar contribution to a 

21 candidate or the authorized committees of a can22 didate with respect to an election makes a subse23 quent contribution to such candidate or the author24 ized committees of such candidate with respect to 

25 the election which is prohibited under paragraph (1) 


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1 because it is not a qualified small dollar contribu2 tion, the candidate may take one of the following ac3 tions: 

4 ‘‘(A) Not later than 2 weeks after receiving 

5 the contribution, the candidate may return the 

6 subsequent contribution to the individual. 

7 ‘‘(B) The candidate may retain the subse8 quent contribution, so long as not later than 2 

9 weeks after receiving the subsequent contribu10 tion, the candidate remits to the Commission 

11 for deposit in the Clean Money Fund under sec12 tion 531 an amount equal to any payments re13 ceived by the candidate under this title which 

14 are attributable to the qualified small dollar 

15 contribution made by the individual involved. 

16 ‘‘(3) NO EFFECT ON ABILITY TO MAKE MUL17 TIPLE CONTRIBUTIONS.—Nothing in this section 

18 may be construed to prohibit an individual from 

19 making multiple qualified small dollar contributions 

20 to any candidate or any number of candidates, so 

21 long as each contribution meets each of the require22 ments of paragraphs (1), (2), and (3) of subsection 

23 (a). 

24 ‘‘(c) NOTIFICATION REQUIREMENTS FOR CAN25 DIDATES.— 


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1 ‘‘(1) NOTIFICATION.—Each authorized com2 mittee of a candidate who seeks to be a participating 

3 candidate under this title shall provide the following 

4 information in any materials for the solicitation of 

5 contributions, including any Internet site through 

6 which individuals may make contributions to the 

7 committee: 

8 ‘‘(A) A statement that if the candidate is 

9 certified as a participating candidate under this 

10 title, the candidate will receive political adver11 tising vouchers under this title in an amount 

12 which is based on the total amount of qualified 

13 small dollar contributions received. 

14 ‘‘(B) A statement that a contribution 

15 which meets the requirements set forth in sub16 section (a) shall be treated as a qualified small 

17 dollar contribution under this title unless the 

18 contributor notifies the committee not later 

19 than 48 hours after making the contribution 

20 that the contribution is not to be so treated. 

21 ‘‘(C) A statement that if a contribution is 

22 treated as qualified small dollar contribution 

23 under this title, the individual who makes the 

24 contribution may not make any contribution to 

25 the candidate or the authorized committees of 


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1 the candidate during the election cycle which is 

2 not a qualified small dollar contribution. 

3 ‘‘(2) ALTERNATIVE METHODS OF MEETING RE4 QUIREMENTS.—An authorized committee may meet 

5 the requirements of paragraph (1)— 

6 ‘‘(A) by including the information de7 scribed in paragraph (1) in the receipt provided 

8 under section 512(b)(3) to a person making a 

9 qualified small dollar contribution; or 

10 ‘‘(B) by modifying the information it pro11 vides to persons making contributions which is 

12 otherwise required under title III (including in13 formation it provides through the Internet). 

14 ‘‘Subtitle B—Eligibility and 

15 Certification 

16 ‘‘SEC. 511. ELIGIBILITY. 

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

18 Senator or Representative in, or Delegate or Resident 

19 Commissioner to, the Congress is eligible to be certified 

20 as a participating candidate under this title with respect 

21 to an election if the candidate meets the following require22 ments: 

23 ‘‘(1) The candidate files with the Commission a 

24 statement of intent to seek certification as a partici25 pating candidate. 


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1 ‘‘(2) The candidate meets the qualifying re2 quirements of section 512. 

3 ‘‘(3) The candidate files with the Commission a 

4 statement certifying that the authorized committees 

5 of the candidate meet the requirements of section 

6 504(c). 

7 ‘‘(4) Not later than the last day of the Clean 

8 Money qualifying period, the candidate files with the 

9 Commission an affidavit signed by the candidate and 

10 the treasurer of the candidate’s principal campaign 

11 committee declaring that the candidate— 

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

13 comply with the contribution and expenditure 

14 requirements of section 521; 

15 ‘‘(B) if certified, will run only as a partici16 pating candidate for all elections for the office 

17 that such candidate is seeking during that elec18 tion cycle; and 

19 ‘‘(C) has either qualified or will take steps 

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

21 ‘‘(5) The candidate is the nominee of a political 

22 party whose candidate received not less than 15 per23 cent of the total number of popular votes received by 

24 all candidates in the most recent general election for 

25 the office the candidate seeks. 


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

3 as a participating candidate under this title for a general 

4 election or a general runoff election unless the candidate’s 

5 party nominated the candidate to be placed on the ballot 

6 for the general election or the candidate is otherwise quali7 fied to be on the ballot under State law. 

8 ‘‘(c) CLEAN MONEY QUALIFYING PERIOD DE9 FINED.—The term ‘Clean Money qualifying period’ 

10 means, with respect to any candidate for an office, the 

11 180-day period (during the election cycle for such office) 

12 which begins on the date on which the candidate files a 

13 statement of intent under subsection (a)(1), except that 

14 such period may not continue after the date that is 30 

15 days before the date of the general election for the office. 

16 ‘‘SEC. 512. QUALIFYING REQUIREMENTS. 

17 ‘‘(a) RECEIPT OF QUALIFIED SMALL DOLLAR CON18 TRIBUTIONS FROM IN-STATE RESIDENTS.—A candidate 

19 for the office of Senator or Representative in, or Delegate 

20 or Resident Commissioner to, the Congress meets the re21 quirement of this section if, during the Clean Money quali22 fying period described in section 511(c), each of the fol23 lowing occurs: 

24 ‘‘(1) Not fewer than 1,000 individuals who are 

25 residents of the State in which the candidate seeks 


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1 election make a qualified small dollar contribution to 

2 the candidate. 

3 ‘‘(2) The candidate obtains a total dollar 

4 amount of qualified small dollar contributions from 

5 individuals who are residents of the State in which 

6 the candidate seeks election which is equal to or 

7 greater than $50,000. 

8 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

9 QUALIFIED SMALL DOLLAR CONTRIBUTION.—Each 

10 qualified small dollar contribution— 

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

12 check, money order, debit card, credit card, elec13 tronic payment account, or any other method 

14 deemed appropriate by the Commission; 

15 ‘‘(2) shall be accompanied by a signed state16 ment (or, in the case of a contribution made online 

17 or through other electronic means, an electronic 

18 equivalent) containing— 

19 ‘‘(A) the contributor’s name and the con20 tributor’s address in the State in which the pri21 mary residence of the contributor is located; 

22 and 

23 ‘‘(B) an oath declaring that the contrib24 utor— 


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1 ‘‘(i) understands that the purpose of 

2 the contribution is to show support for the 

3 candidate so that the candidate may qual4 ify for political advertising vouchers under 

5 this title; 

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 (in paper or elec15 tronic form) kept by the candidate for the Commis16 sion and a copy (in paper or electronic form) kept 

17 by the candidate for the election authorities in the 

18 State with respect to which the candidate is seeking 

19 election. 

20 ‘‘(c) VERIFICATION OF QUALIFIED SMALL DOLLAR

21 CONTRIBUTIONS.—The Commission shall establish proce22 dures for the auditing and verification of qualified small 

23 dollar contributions, including procedures for random au24 dits, to ensure that such contributions meet the require25 ments of this section. 


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1 ‘‘SEC. 513. CERTIFICATION. 

2 ‘‘(a) DEADLINE AND NOTIFICATION.— 

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

4 a candidate files an affidavit under section 

5 511(a)(3), the Commission shall— 

6 ‘‘(A) determine whether or not the can7 didate meets the requirements for certification 

8 as a participating candidate; 

9 ‘‘(B) if the Commission determines that 

10 the candidate meets such requirements, certify 

11 the candidate as a participating candidate; and 

12 ‘‘(C) notify the candidate of the Commis13 sion’s determination. 

14 ‘‘(2) DEEMED CERTIFICATION FOR SUBSE15 QUENT RUNOFF ELECTIONS.—If the Commission 

16 certifies a candidate as a participating candidate 

17 with respect to a general election, the Commissioner 

18 shall be deemed to have certified the candidate as a 

19 participating candidate with respect to any subse20 quent runoff election held in that election cycle. 

21 ‘‘(b) REVOCATION OF CERTIFICATION.— 

22 ‘‘(1) IN GENERAL.—The Commission may re23 voke a certification under subsection (a) if— 

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

25 on the ballot at any time after the date of cer26 tification (other than a candidate certified as a 


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1 participating candidate with respect to a gen2 eral election who fails to qualify to appear on 

3 the ballot for a subsequent runoff election in 

4 that election cycle); 

5 ‘‘(B) a candidate ceases to be a candidate 

6 for the office involved, as determined on the 

7 basis of an official announcement by an author8 ized committee of the candidate or on the basis 

9 of a reasonable determination by the Commis10 sion; or 

11 ‘‘(C) a candidate otherwise fails to comply 

12 with the requirements of this title, including 

13 any regulatory requirements prescribed by the 

14 Commission. 

15 ‘‘(2) EXISTENCE OF REPEATED OR SERIOUS

16 VIOLATIONS.—The Commission shall revoke a cer17 tification under subsection (a) if a penalty is as18 sessed against the candidate under section 309(d) 

19 with respect to the election. 

20 ‘‘(3) EFFECT OF REVOCATION.—If a can21 didate’s certification is revoked under this sub22 section— 

23 ‘‘(A) the candidate shall repay to the Clean 

24 Money Fund established under section 531— 


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1 ‘‘(i) an amount equal to the value of 

2 the political advertising vouchers received 

3 under this title with respect to the election, 

4 plus interest (at a rate determined by the 

5 Commission on the basis of an appropriate 

6 annual percentage rate for the month in7 volved) on any such amount received; plus 

8 ‘‘(ii) an amount equal to any payment 

9 the candidate received under this title to 

10 defray the costs of postage with respect to 

11 the election, plus interest (at a rate deter12 mined by the Commission on the basis of 

13 an appropriate annual percentage rate for 

14 the month involved) on any such payment 

15 received; 

16 ‘‘(B) the candidate may not receive polit17 ical advertising vouchers or payments to defray 

18 the costs of postage under this title during the 

19 remainder of the election cycle involved; and 

20 ‘‘(C) the candidate may not be certified as 

21 a participating candidate under this title with 

22 respect to the next election cycle. 

23 ‘‘(4) PROHIBITING PARTICIPATION IN FUTURE

24 ELECTIONS FOR CANDIDATES WITH MULTIPLE REV25 OCATIONS.—If the Commission revokes the certifiVerDate Sep 11 2014 03:46 Dec 10, 2016 Jkt 069200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H6449.IH H6449

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1 cation of an individual as a participating candidate 

2 under this title 3 times, the individual may not be 

3 certified as a participating candidate under this title 

4 with respect to any subsequent election. 

5 ‘‘(c) VOLUNTARY WITHDRAWAL FROM PARTICI6 PATING DURING QUALIFYING PERIOD.—At any time dur7 ing the Clean Money qualifying period described in section 

8 511(c), a candidate may withdraw from participation in 

9 the program under this title by submitting to the Commis10 sion a statement of withdrawal (without regard to whether 

11 or not the Commission has certified the candidate as a 

12 participating candidate under this title as of the time the 

13 candidate submits such statement), so long as the can14 didate has not received a political advertising voucher 

15 under section 501 or a payment under section 503. 

16 ‘‘(d) PARTICIPATING CANDIDATE DEFINED.—In this 

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

18 office of Senator or Representative in, or Delegate or Resi19 dent Commissioner to, the Congress who is certified under 

20 this section as eligible to receive benefits under this title. 


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

4 ‘‘SEC. 521. CONTRIBUTION AND EXPENDITURE REQUIRE5 MENTS. 

6 ‘‘(a) PERMITTED SOURCES OF CONTRIBUTIONS AND

7 EXPENDITURES.—Except as provided in subsection (c), a 

8 participating candidate with respect to a general election 

9 shall, with respect to that election and any subsequent 

10 runoff election in that election cycle for the office involved, 

11 accept no contributions from any source and make no ex12 penditures from any amounts, other than the following: 

13 ‘‘(1) Qualified small dollar contributions. 

14 ‘‘(2) Political advertising vouchers and pay15 ments to defray the costs of postage under this title. 

16 ‘‘(3) Contributions from political committees es17 tablished and maintained by a national or State po18 litical party, subject to the applicable limitations of 

19 section 315. 

20 ‘‘(4) Subject to subsection (b), personal funds 

21 of the candidate or of any immediate family member 

22 of the candidate (other than funds received through 

23 qualified small dollar contributions). 

24 ‘‘(5) Contributions from individuals who are 

25 otherwise permitted to make contributions under 


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1 this Act, subject to the applicable limitations of sec2 tion 315, except that the aggregate amount of con3 tributions a participating candidate may accept from 

4 any individual with respect to any such election after 

5 the date the candidate files a statement of intent 

6 under section 511(a)(1) may not exceed $1,000. 

7 ‘‘(6) Contributions from multicandidate political 

8 committees, subject to the applicable limitations of 

9 section 315. 

10 ‘‘(b) SPECIAL RULES FOR PERSONAL FUNDS.— 

11 ‘‘(1) LIMIT ON AMOUNT.—A candidate who is 

12 certified as a participating candidate may use per13 sonal funds (including personal funds of any imme14 diate family member of the candidate) so long as— 

15 ‘‘(A) the aggregate amount used with re16 spect to the general election and any subse17 quent runoff election in that election cycle (in18 cluding any period of the cycle occurring prior 

19 to the candidate’s certification as a partici20 pating candidate) does not exceed $10,000; and 

21 ‘‘(B) the funds are used only for making 

22 direct payments for the receipt of goods and 

23 services which constitute authorized expendi24 tures in connection with such elections. 


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

2 In this subsection, the term ‘immediate family’ 

3 means, with respect to a candidate— 

4 ‘‘(A) the candidate’s spouse; 

5 ‘‘(B) a child, stepchild, parent, grand6 parent, brother, half-brother, sister, or half-sis7 ter of the candidate or the candidate’s spouse; 

8 and 

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

10 subparagraph (B). 

11 ‘‘(c) EXCEPTIONS.— 

12 ‘‘(1) EXCEPTION FOR CONTRIBUTIONS RE13 CEIVED PRIOR TO FILING OF STATEMENT OF IN14 TENT.—A candidate who has accepted contributions 

15 that are not described in subsection (a) is not in vio16 lation of subsection (a), but only if all such contribu17 tions are— 

18 ‘‘(A) returned to the contributor; 

19 ‘‘(B) submitted to the Commission for de20 posit in the Clean Money Fund established 

21 under section 531; or 

22 ‘‘(C) spent in accordance with paragraph 

23 (2). 

24 ‘‘(2) EXCEPTION FOR EXPENDITURES MADE

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


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1 candidate has made expenditures prior to the date 

2 the candidate files a statement of intent under sec3 tion 511(a)(1) that the candidate is prohibited from 

4 making under subsection (a) or subsection (b), the 

5 candidate is not in violation of such subsection if the 

6 aggregate amount of the prohibited expenditures is 

7 less than the amount referred to in section 

8 512(a)(2) (relating to the total dollar amount of 

9 qualified small dollar contributions which the can10 didate is required to obtain) which is applicable to 

11 the candidate. 

12 ‘‘(3) EXCEPTION FOR CAMPAIGN SURPLUSES

13 FROM A PREVIOUS ELECTION.—Notwithstanding 

14 paragraph (1), unexpended contributions received by 

15 the candidate or an authorized committee of the 

16 candidate with respect to a previous election may be 

17 retained, but only if the candidate places the funds 

18 in escrow and refrains from raising additional funds 

19 for or spending funds from that account during the 

20 election cycle in which a candidate is a participating 

21 candidate. 

22 ‘‘(4) EXCEPTION FOR CONTRIBUTIONS RE23 CEIVED BEFORE THE EFFECTIVE DATE OF THIS

24 TITLE.—Contributions received and expenditures 

25 made by the candidate or an authorized committee 


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1 of the candidate prior to the effective date of this 

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

3 or (b). Unexpended contributions shall be treated 

4 the same as campaign surpluses under paragraph 

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

6 limit in paragraph (2). 

7 ‘‘(d) SPECIAL RULE FOR COORDINATED PARTY EX8 PENDITURES.—For purposes of this section, a payment 

9 made by a political party in coordination with a partici10 pating candidate shall not be treated as a contribution to 

11 or as an expenditure made by the participating candidate. 

12 ‘‘(e) PROHIBITION ON JOINT FUNDRAISING COMMIT13 TEES.— 

14 ‘‘(1) PROHIBITION.—An authorized committee 

15 of a candidate who is certified as a participating 

16 candidate under this title with respect to an election 

17 may not establish a joint fundraising committee with 

18 a political committee other than another authorized 

19 committee of the candidate. 

20 ‘‘(2) STATUS OF EXISTING COMMITTEES FOR

21 PRIOR ELECTIONS.—If a candidate established a 

22 joint fundraising committee described in paragraph 

23 (1) with respect to a prior election for which the 

24 candidate was not certified as a participating can25 didate under this title and the candidate does not 


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1 terminate the committee, the candidate shall not be 

2 considered to be in violation of paragraph (1) so 

3 long as that joint fundraising committee does not re4 ceive any contributions or make any disbursements 

5 during the election cycle for which the candidate is 

6 certified as a participating candidate under this title. 

7 ‘‘(f) PROHIBITION ON LEADERSHIP PACS.— 

8 ‘‘(1) PROHIBITION.—A candidate who is cer9 tified as a participating candidate under this title 

10 with respect to an election may not establish, fi11 nance, maintain, or control a leadership PAC. 

12 ‘‘(2) STATUS OF EXISTING LEADERSHIP

13 PACS.—If a candidate established, financed, main14 tained, or controlled a leadership PAC prior to being 

15 certified as a participating candidate under this title 

16 and the candidate does not terminate the leadership 

17 PAC, the candidate shall not be considered to be in 

18 violation of paragraph (1) so long as the leadership 

19 PAC does not receive any contributions or make any 

20 disbursements during the election cycle for which the 

21 candidate is certified as a participating candidate 

22 under this title. 

23 ‘‘(3) LEADERSHIP PAC DEFINED.—In this sub24 section, the term ‘leadership PAC’ has the meaning 

25 given such term in section 304(i)(8)(B). 


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1 ‘‘SEC. 522. ADMINISTRATION OF CAMPAIGN. 

2 ‘‘(a) SEPARATE ACCOUNTING FOR VARIOUS PER3 MITTED CONTRIBUTIONS.—Each authorized committee of 

4 a candidate certified as a participating candidate under 

5 this title— 

6 ‘‘(1) shall provide for separate accounting of 

7 each type of contribution described in section 521(a) 

8 which is received by the committee; and 

9 ‘‘(2) shall provide for separate accounting for 

10 the political advertising vouchers received under this 

11 title. 

12 ‘‘(b) ENHANCED DISCLOSURE OF INFORMATION ON

13 DONORS.— 

14 ‘‘(1) MANDATORY IDENTIFICATION OF INDIVID15 UALS MAKING QUALIFIED SMALL DOLLAR CON16 TRIBUTIONS.—Each authorized committee of a par17 ticipating candidate under this title shall elect, in ac18 cordance with section 304(b)(3)(A), to include in the 

19 reports the committee submits under section 304 the 

20 identification of each person who makes a qualified 

21 small dollar contribution to the committee. 

22 ‘‘(2) MANDATORY DISCLOSURE THROUGH

23 INTERNET.—Each authorized committee of a partici24 pating candidate under this title shall ensure that all 

25 information reported to the Commission under this 

26 Act with respect to contributions and expenditures 


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1 of the committee is available to the public on the 

2 Internet (whether through a site established for pur3 poses of this subsection, a hyperlink on another pub4 lic site of the committee, or a hyperlink on a report 

5 filed electronically with the Commission) in a search6 able, sortable, and downloadable manner. 

7 ‘‘SEC. 523. RETURNING UNUSED VOUCHERS AND FUNDS 

8 AFTER ELECTION. 

9 ‘‘Not later than the date that is 180 days after the 

10 last election for which a candidate certified as a partici11 pating candidate qualifies to be on the ballot during the 

12 election cycle involved, such participating candidate shall 

13 return to the Commission— 

14 ‘‘(1) any political advertising vouchers provided 

15 to authorized committees of the candidate which re16 main unused as of such date; and 

17 ‘‘(2) any amounts remaining in the separate, 

18 segregated accounts established by authorized com19 mittees of the candidate under section 503(c) for the 

20 receipt of the payments made under this title to de21 fray the costs of postage incurred in connection with 

22 the election. 


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1 ‘‘Subtitle D—Administrative 

2 Provisions 

3 ‘‘SEC. 531. CLEAN MONEY FUND. 

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

5 Treasury a fund to be known as the ‘Clean Money Fund’. 

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

7 consist of the following amounts: 

8 ‘‘(1) APPROPRIATED AMOUNTS.—Amounts ap9 propriated to the Fund, including trust fund 

10 amounts appropriated pursuant to applicable provi11 sions of the Internal Revenue Code of 1986. 

12 ‘‘(2) OTHER DEPOSITS.—Amounts deposited 

13 into the Fund under— 

14 ‘‘(A) section 521(c) (relating to exceptions 

15 to contribution requirements); 

16 ‘‘(B) section 533 (relating to violations); 

17 and 

18 ‘‘(C) any other section of this Act. 

19 ‘‘(3) INVESTMENT RETURNS.—Interest on, and 

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

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

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

23 portions of the Fund in obligations of the United States 

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

25 of the Internal Revenue Code of 1986. 


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1 ‘‘(d) USE OF FUND.— 

2 ‘‘(1) IN GENERAL.—Amounts in the Fund shall 

3 be available without further appropriation or fiscal 

4 year limitation to redeem vouchers which are accept5 ed by broadcasting stations as payment for the pur6 chase of broadcast time for political advertisements 

7 under subtitle A. 

8 ‘‘(2) INSUFFICIENT AMOUNTS.—Under regula9 tions established by the Commission, rules similar to 

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

11 Code of 1986 shall apply. 

12 ‘‘SEC. 532. ADMINISTRATION BY COMMISSION. 

13 ‘‘(a) REGULATIONS.—The Commission shall pre14 scribe regulations to carry out the purposes of this title, 

15 including regulations— 

16 ‘‘(1) verifying the amount of qualified small dol17 lar contributions with respect to a candidate; 

18 ‘‘(2) effectively and efficiently monitoring and 

19 enforcing the limits on the raising of qualified small 

20 dollar contributions; 

21 ‘‘(3) effectively and efficiently monitoring and 

22 enforcing the limits on the use of personal funds by 

23 participating candidates; and 

24 ‘‘(4) monitoring the use of political advertising 

25 vouchers and payments provided under this title 


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through audits of not fewer than 1 1 ⁄10 (or, in the case 

2 of the first 3 election cycles during which the program under this title is in effect, not fewer than 1 3 ⁄3) 

4 of all participating candidates or other mechanisms. 

5 ‘‘(b) REVIEW OF PROGRAM.— 

6 ‘‘(1) IN GENERAL.—After each regularly sched7 uled general election for Federal office, the Commis8 sion shall conduct a comprehensive review of the 

9 program under this title, including— 

10 ‘‘(A) the maximum and minimum dollar 

11 amounts of qualified small dollar contributions 

12 under section 504; 

13 ‘‘(B) the number and value of qualified 

14 small dollar contributions a candidate is re15 quired to obtain under section 512(a) to be eli16 gible for certification as a participating can17 didate; 

18 ‘‘(C) the value of the political advertising 

19 vouchers a candidate may receive under this 

20 title; 

21 ‘‘(D) the amount of the payment made to 

22 a candidate under this title to defray the cots 

23 of postage; 


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1 ‘‘(E) the overall satisfaction of partici2 pating candidates and the American public with 

3 the program; and 

4 ‘‘(F) such other matters relating to financ5 ing of campaigns as the Commission determines 

6 are appropriate. 

7 ‘‘(2) CRITERIA FOR REVIEW.—In conducting 

8 the review under paragraph (1), the Commission 

9 shall consider the following: 

10 ‘‘(A) QUALIFIED SMALL DOLLAR CON11 TRIBUTIONS.—The Commission shall consider 

12 whether the number and dollar amounts of 

13 qualified small dollar contributions required 

14 strikes an appropriate balance regarding the 

15 importance of voter involvement, the need to as16 sure adequate incentives for participating, and 

17 fiscal responsibility, taking into consideration 

18 the number of primary and general election 

19 participating candidates, the electoral perform20 ance of those candidates, program cost, and any 

21 other information the Oversight Commission de22 termines is appropriate. 

23 ‘‘(B) REVIEW OF PAYMENT LEVELS.—The 

24 Commission shall consider whether the totality 

25 of the amount of funds allowed to be raised by 


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1 participating candidates (including through 

2 qualified small dollar contributions) and the 

3 value of political advertising vouchers and pay4 ments made to defray the costs of postage pro5 vided under this title are sufficient for voters in 

6 each State to learn about the candidates to cast 

7 an informed vote, taking into account the his8 toric amount of spending by winning can9 didates, media costs, primary election dates, 

10 and any other information the Commission de11 termines is appropriate. 

12 ‘‘(3) RECOMMENDATIONS FOR ADJUSTMENT OF

13 AMOUNTS.—Based on the review conducted under 

14 paragraph (1), the Commission may recommend to 

15 Congress adjustments of the following amounts: 

16 ‘‘(A) The number and value of qualified 

17 small dollar contributions a candidate is re18 quired to obtain under section 512(a) to be eli19 gible for certification as a participating can20 didate. 

21 ‘‘(B) The value of the political advertising 

22 vouchers a candidate may receive under this 

23 title. 


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1 ‘‘(C) The amount of the payment made to 

2 a candidate under this title to defray the costs 

3 of postage. 

4 ‘‘(c) REPORTS.—Not later than each June 1 which 

5 follows a regularly scheduled general election for Federal 

6 office for which payments were made under this title, the 

7 Commission shall submit to the Committee on House Ad8 ministration of the House of Representatives a report— 

9 ‘‘(1) containing an analysis of the review con10 ducted under subsection (b), including a detailed 

11 statement of the Commission’s findings, conclusions, 

12 and recommendations based on such review, includ13 ing any recommendations for adjustments of 

14 amounts described in subsection (b)(3); and 

15 ‘‘(2) documenting, evaluating, and making rec16 ommendations relating to the administrative imple17 mentation and enforcement of the provisions of this 

18 title. 

19 ‘‘SEC. 533. VIOLATIONS AND PENALTIES. 

20 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU21 TION AND EXPENDITURE REQUIREMENTS.—If a can22 didate who has been certified as a participating candidate 

23 accepts a contribution or makes an expenditure that is 

24 prohibited under section 521, the Commission may assess 

25 a civil penalty against the candidate in an amount that 


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

2 or expenditure. Any amounts collected under this sub3 section shall be deposited into the Clean Money Fund es4 tablished under section 531. 

5 ‘‘(b) REPAYMENT FOR IMPROPER USE PAYMENTS

6 MADE TO DEFRAY COSTS OF POSTAGE.— 

7 ‘‘(1) IN GENERAL.—If the Commission deter8 mines that any payment made to a candidate under 

9 this title to defray the costs of postage was not used 

10 as provided for in this title, the Commission shall so 

11 notify the candidate and the candidate shall pay to 

12 the Fund an amount equal to— 

13 ‘‘(A) the value of the payments so used; 

14 and 

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

16 rate determined by the Commission). 

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

18 action by the Commission in accordance with this 

19 subsection shall not preclude enforcement pro20 ceedings by the Commission in accordance with sec21 tion 309(a), including a referral by the Commission 

22 to the Attorney General in the case of an apparent 

23 knowing and willful violation of this title. 

24 ‘‘(c) PROHIBITING CERTAIN CANDIDATES FROM

25 QUALIFYING AS PARTICIPATING CANDIDATES.— 


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1 ‘‘(1) CANDIDATES WITH MULTIPLE CIVIL PEN2 ALTIES.—If the Commission assesses three or more 

3 civil penalties under subsection (a) against a can4 didate (with respect to either a single election or 

5 multiple elections), the Commission may refuse to 

6 certify the candidate as a participating candidate 

7 under this title with respect to any subsequent elec8 tion, except that if each of the penalties were as9 sessed as the result of a knowing and willful viola10 tion of any provision of this Act, the candidate is not 

11 eligible to be certified as a participating candidate 

12 under this title with respect to any subsequent elec13 tion. 

14 ‘‘(2) CANDIDATES SUBJECT TO CRIMINAL PEN15 ALTY.—A candidate is not eligible to be certified as 

16 a participating candidate under this title with re17 spect to an election if a penalty has been assessed 

18 against the candidate under section 309(d) with re19 spect to any previous election. 

20 ‘‘SEC. 534. APPEALS PROCESS. 

21 ‘‘(a) REVIEW OF ACTIONS.—Any action by the Com22 mission in carrying out this title shall be subject to review 

23 by the United States Court of Appeals for the District 

24 of Columbia upon petition filed in the Court not later than 


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1 30 days after the Commission takes the action for which 

2 the review is sought. 

3 ‘‘(b) PROCEDURES.—The provisions of chapter 7 of 

4 title 5, United States Code, apply to judicial review under 

5 this section. 

6 ‘‘SEC. 535. INDEXING OF AMOUNTS. 

7 ‘‘(a) INDEXING.—In any calendar year after 2016, 

8 section 315(c)(1)(B) shall apply to each amount described 

9 in subsection (b) in the same manner as such section ap10 plies to the limitations established under subsections 

11 (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, ex12 cept that for purposes of applying such section to the 

13 amounts described in subsection (b), the ‘base period’ 

14 shall be 2015. 

15 ‘‘(b) AMOUNTS DESCRIBED.—The amounts described 

16 in this subsection are as follows: 

17 ‘‘(1) The amount referred to in section 

18 501(b)(2) (relating to the formula used to determine 

19 the value of a political advertising voucher provided 

20 to a participating candidate under this title). 

21 ‘‘(2) The amount referred to in section 

22 503(b)(2) (relating to the formula used to determine 

23 the amount of the payment made to a participating 

24 candidate under this title to defray the costs of post25 age). 


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1 ‘‘(3) The amounts referred to in section 

2 504(a)(1) (relating to the amount of a qualified 

3 small dollar contribution). 

4 ‘‘(4) The amount referred to in section 

5 512(a)(2) (relating to the total dollar amount of 

6 qualified small dollar contributions). 

7 ‘‘(5) The amount referred to in section 

8 521(a)(5) (relating to the aggregate amount of con9 tributions a participating candidate may accept from 

10 any individual with respect to an election). 

11 ‘‘(6) The amount referred to in section 

12 521(b)(1) (relating to the amount of personal funds 

13 that may be used by a candidate who is certified as 

14 a participating candidate). 

15 ‘‘SEC. 536. ELECTION CYCLE DEFINED. 

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

17 respect to an election for an office, the period beginning 

18 on the day after the date of the most recent general elec19 tion for that office (or, if the general election resulted in 

20 a runoff election, the date of the runoff election) and end21 ing on the date of the next general election for that office 

22 (or, if the general election resulted in a runoff election, 

23 the date of the runoff election).’’. 


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1 SEC. 102. CONTRIBUTIONS AND EXPENDITURES BY MULTI2 CANDIDATE AND POLITICAL PARTY POLIT3 ICAL COMMITTEES ON BEHALF OF PARTICI4 PATING CANDIDATES. 

5 (a) AUTHORIZING CONTRIBUTIONS ONLY FROM SEP6 ARATE ACCOUNTS CONSISTING OF QUALIFIED SMALL

7 DOLLAR CONTRIBUTIONS.—Section 315(a) of the Federal 

8 Election Campaign Act of 1971 (52 U.S.C. 30116(a)) is 

9 amended by adding at the end the following new para10 graph: 

11 ‘‘(9) In the case of a multicandidate political com12 mittee or any political committee of a political party, the 

13 committee may make a contribution to a candidate who 

14 is a participating candidate under title V with respect to 

15 an election only if the contribution is paid from a separate, 

16 segregated account of the committee which consists solely 

17 of contributions which meet the following requirements: 

18 ‘‘(A) Each such contribution is in an amount 

19 which meets the requirements for the amount of a 

20 qualified small dollar contribution under section 

21 504(a)(1) with respect to the election involved. 

22 ‘‘(B) Each such contribution is made by an in23 dividual who is not otherwise prohibited from mak24 ing a contribution under this Act. 

25 ‘‘(C) The individual who makes the contribution 

26 does not make contributions to the committee during 


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1 the year in an aggregate amount that exceeds the 

2 limit described in section 504(a)(1).’’. 

3 (b) PERMITTING UNLIMITED COORDINATED EX4 PENDITURES FROM SMALL DOLLAR SOURCES BY POLIT5 ICAL PARTIES.—Section 315(d) of such Act (52 U.S.C. 

6 30116(d)) is amended— 

7 (1) in paragraph (3), by striking ‘‘The national 

8 committee’’ and inserting ‘‘Except as provided in 

9 paragraph (5), the national committee’’; and 

10 (2) by adding at the end the following new 

11 paragraph: 

12 ‘‘(5) The limits described in paragraph (3) do not 

13 apply in the case of expenditures in connection with the 

14 general election campaign of a candidate for the office of 

15 Senator or Representative in, or Delegate or Resident 

16 Commissioner to, the Congress who is a participating can17 didate under title V with respect to the election, but only 

18 if— 

19 ‘‘(A) the expenditures are paid from a separate, 

20 segregated account of the committee which is de21 scribed in subsection (a)(9); and 

22 ‘‘(B) the expenditures are the sole source of 

23 funding provided by the committee to the can24 didate.’’. 


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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 (52 U.S.C. 30114) is amended by adding at the 

6 end the following new subsection: 

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

8 BY CANDIDATES RECEIVING SMALL DOLLAR FINANC9 ING.—Notwithstanding paragraph (2), (3), or (4) of sub10 section (a), if a candidate for election for the office of Sen11 ator or Representative in, or Delegate or Resident Com12 missioner to, the Congress is certified as a participating 

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

14 contribution which the candidate is permitted to accept 

15 under such title may be used only for authorized expendi16 tures in connection with the candidate’s campaign for such 

17 office.’’. 

18 TITLE II—EXPANDING CAN19 DIDATE ACCESS TO ADVER20 TISING 

21 SEC. 201. BROADCASTS BY CANDIDATES. 

22 (a) LOWEST UNIT CHARGE.—Section 315(b)(1)(A) 

23 of the Communications Act of 1934 (47 U.S.C. 

24 315(b)(1)(A)) is amended by inserting ‘‘for preemptible 

25 use thereof’’ after ‘‘station’’. 


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1 (b) PREEMPTION; AUDITS.—Section 315 of the Com2 munications Act of 1934 (47 U.S.C. 315) is amended— 

3 (1) by redesignating subsection (c) as sub4 section (g) and transferring such subsection, as re5 designated, to the end; 

6 (2) by redesignating subsection (d) as sub7 section (f) and transferring such subsection, as re8 designated, so that it appears after subsection (e); 

9 and 

10 (3) by inserting after subsection (b) the fol11 lowing: 

12 ‘‘(c) PREEMPTION.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2) and notwithstanding the requirements of 

15 subsection (b)(1)(A), a licensee may not preempt the 

16 use of a broadcasting station by a legally qualified 

17 candidate that has purchased and paid for such use 

18 under circumstances entitling such candidate to re19 ceive the rate under such subsection for such use. 

20 ‘‘(2) CIRCUMSTANCES BEYOND CONTROL OF LI21 CENSEE.—If a program to be broadcast by a broad22 casting station is preempted because of cir23 cumstances beyond the control of the licensee, an 

24 advertisement that is scheduled to be broadcast dur25 ing such program and the broadcast of which conVerDate Sep 11 2014 03:46 Dec 10, 2016 Jkt 069200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H6449.IH H6449

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1 stitutes use of the broadcasting station described in 

2 paragraph (1) shall be treated in the same fashion 

3 as a comparable commercial advertisement. 

4 ‘‘(d) AUDITS.—During the 45-day period preceding 

5 the date of a primary or primary runoff election and dur6 ing the 60-day period preceding the date of a general elec7 tion or special election, the Commission shall conduct such 

8 audits as it considers necessary to ensure that the licensee 

9 of each broadcasting station is allocating use of the station 

10 in accordance with this section and in a manner that does 

11 not warrant revocation of the station license under section 

12 312(a)(7).’’. 

13 (c) REVOCATION OF LICENSE FOR FAILURE TO

14 ALLOW ACCESS BY FEDERAL CANDIDATES.—Section 312 

15 of the Communications Act of 1934 (47 U.S.C. 312) is 

16 amended— 

17 (1) in subsection (a)(7)— 

18 (A) by inserting ‘‘in accordance with sub19 section (h),’’ before ‘‘for willful’’; 

20 (B) by striking ‘‘or repeated’’; 

21 (C) by inserting ‘‘or a cable system’’ after 

22 ‘‘non-commercial educational broadcast sta23 tion,’’; and 

24 (D) by striking ‘‘his candidacy’’ and insert25 ing ‘‘the candidacy of the candidate, under the 


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1 same terms, conditions, and business practices 

2 as apply to the most-favored advertiser of the 

3 broadcasting station or cable system’’; and 

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

5 ‘‘(h) CONDITIONS FOR REVOCATION FOR FAILURE

6 TO ALLOW ACCESS BY FEDERAL CANDIDATES.— 

7 ‘‘(1) THREE-STRIKES RULE.—The Commission 

8 may revoke a station license or construction permit 

9 under subsection (a)(7) only if the Commission finds 

10 that the licensee or permittee has engaged in at least 

11 3 failures described in such subsection with respect 

12 to the broadcasting station or cable system to which 

13 the license or permit relates. 

14 ‘‘(2) DURATION.—In the case of a person 

15 whose station license or construction permit with re16 spect to a broadcasting station or cable system has 

17 been revoked under subsection (a)(7)— 

18 ‘‘(A) the Commission may not grant a sta19 tion license or construction permit to such per20 son with respect to such broadcasting station or 

21 cable system during the 5-year period following 

22 the revocation; and 

23 ‘‘(B) if the Commission grants such a sta24 tion license or construction permit to such per25 son after such 5-year period, the number of 


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1 failures described in subsection (a)(7) shall be 

2 calculated for purposes of paragraph (1) with3 out regard to any such failures that occurred 

4 while a previous license or permit was in ef5 fect.’’. 

6 (d) TECHNICAL AMENDMENTS.—Section 315 of the 

7 Communications Act of 1934 (47 U.S.C. 315), as amend8 ed by subsection (b), is further amended— 

9 (1) in subsection (a), by striking ‘‘If any li10 censee’’ and inserting ‘‘EQUAL OPPORTUNITIES FOR

11 CANDIDATES FOR SAME OFFICE.—If any licensee’’; 

12 (2) in subsection (b)(1), by moving subpara13 graphs (A) and (B) 2 ems to the right; 

14 (3) in subsection (f), as redesignated, by strik15 ing ‘‘The Commission’’ and inserting ‘‘REGULA16 TIONS.—The Commission’’; and 

17 (4) in subsection (g), as redesignated, by strik18 ing ‘‘For purposes’’ and inserting ‘‘DEFINITIONS.— 

19 For purposes’’. 

20 TITLE III—MISCELLANEOUS 

21 PROVISIONS 

22 SEC. 301. SEVERABILITY. 

23 If any provision of this Act or any amendment made 

24 by this Act, or the application of a provision of this Act 

25 or an amendment made by this Act to any person or cirVerDate Sep 11 2014 03:46 Dec 10, 2016 Jkt 069200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H6449.IH H6449

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•HR 6449 IH

1 cumstance, is held to be unconstitutional, the remainder 

2 of this Act, and the application of the provisions to any 

3 person or circumstance, shall not be affected by the hold4 ing. 

Æ 


rfrederick on DSKBCBPHB2PROD with BILLS