IB 

Union Calendar No. 410 

111TH CONGRESS 

2D SESSION H. R. 6116 

[Report No. 111–691, Part I] 

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

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2010 

Mr. LARSON of Connecticut (for himself, Mr. JONES, Mr. CAPUANO, Ms. PINGREE of Maine, Mr. HOLT, Mr. PLATTS, Mr. NADLER of New York, Mr. 

COOPER, Mr. HEINRICH, Mr. POLIS of Colorado, Ms. EDWARDS of Maryland, and Mr. DOYLE) 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 

DECEMBER 21, 2010 

Reported from the Committee on House Administration 

DECEMBER 21, 2010 

Referral to the Committee on Energy and Commerce extended for a period 

ending not later than December 22, 2010 

DECEMBER 22, 2010 

Additional sponsors: Ms. ZOE LOFGREN of California, Mr. GONZALEZ, Ms. 

HIRONO, Mr. YARMUTH, Ms. WOOLSEY, Mr. COSTELLO, and Mr. HONDA

DECEMBER 22, 2010 

The Committee on Energy and Commerce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be 

printed 


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A BILL 

To reform the financing of House elections, and for other 

purposes. 


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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’’. 

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

7 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. 


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Sec. 105. Limitation on coordinated expenditures by political party committees 

with participating candidates. 

Sec. 106. Deposit of proceeds from recovered spectrum auctions. 

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 

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 disVerDate Mar 15 2010 03:12 Dec 23, 2010 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6116.RH H6116

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1 proportionate and unfair influence within the polit2 ical process; 

3 (4) imposing large, unwarranted costs on tax4 payers through legislative and regulatory distortions 

5 caused by unequal access to lawmakers for campaign 

6 contributors; 

7 (5) making it difficult for some qualified can8 didates to mount competitive House election cam9 paigns; 

10 (6) disadvantaging challengers and discouraging 

11 competitive elections, because large campaign con12 tributors tend to donate their money to incumbent 

13 Members, thus causing House elections to be less 

14 competitive; and 

15 (7) burdening incumbents with a preoccupation 

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

18 (b) ENHANCEMENT OF DEMOCRACY BY PROVIDING

19 ALLOCATIONS FROM THE FAIR ELECTIONS FUND.—The 

20 House of Representatives finds and declares that pro21 viding the option of the replacement of large private cam22 paign contributions with allocations from the Fair Elec23 tions Fund for all primary, runoff, and general elections 

24 to the House of Representatives would enhance American 

25 democracy by— 


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1 (1) reducing the actual or perceived conflicts of 

2 interest created by fully private financing of the elec3 tion campaigns of public officials and restoring pub4 lic confidence in the integrity and fairness of the 

5 electoral and legislative processes through a program 

6 which allows participating candidates to adhere to 

7 substantially lower contribution limits for contribu8 tors with an assurance that there will be sufficient 

9 funds for such candidates to run viable electoral 

10 campaigns; 

11 (2) increasing the public’s confidence in the ac12 countability of Members to the constituents who 

13 elect them, which derives from the program’s quali14 fying criteria to participate in the voluntary program 

15 and the conclusions that constituents may draw re16 garding candidates who qualify and participate in 

17 the program; 

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

19 campaign contributions as a determinant of a citi20 zen’s influence within the political process by facili21 tating the expression of support by voters at every 

22 level of wealth, encouraging political participation, 

23 incentivizing participation on the part of Members 

24 through the matching of small dollar contributions; 


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1 (4) potentially saving taxpayers billions of dol2 lars that may be (or that are perceived to be) cur3 rently allocated based upon legislative and regu4 latory agendas skewed by the influence of campaign 

5 contributions; 

6 (5) creating genuine opportunities for all Amer7 icans to run for the House of Representatives and 

8 encouraging more competitive elections; 

9 (6) encouraging participation in the electoral 

10 process by citizens of every level of wealth; and 

11 (7) freeing Members from the incessant pre12 occupation with raising money, and allowing them 

13 more time to carry out their public responsibilities. 

14 TITLE I—FAIR ELECTIONS FI15 NANCING OF HOUSE ELEC16 TION CAMPAIGNS 

17 SEC. 101. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR 

18 HOUSE CANDIDATES. 

19 The Federal Election Campaign Act of 1971 (2 

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

21 following: 


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1 ‘‘TITLE V—FAIR ELECTIONS FI2 NANCING OF HOUSE ELEC3 TION CAMPAIGNS 

4 ‘‘Subtitle A—Benefits 

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

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

7 office of Representative in, or Delegate or Resident Com8 missioner to, the Congress is a participating candidate 

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

10 the candidate shall be entitled to payments under this 

11 title, to be used only for authorized expenditures in con12 nection with the election. 

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

14 a participating candidate is entitled under this section 

15 consist of— 

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

17 as provided in section 502; and 

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

19 match certain small dollar contributions, as provided 

20 in section 503. 

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

22 ‘‘(a) AMOUNT OF ALLOCATIONS.— 

23 ‘‘(1) PRIMARY ELECTION ALLOCATION; INITIAL

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

25 the Commission shall make an allocation from the 


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1 Fair Elections Fund established under section 531 

2 to a candidate who is certified as a participating 

3 candidate with respect to a primary election in an 

4 amount equal to 40 percent of the base amount. 

5 ‘‘(2) PRIMARY RUNOFF ELECTION ALLOCA6 TION.—The Commission shall make an allocation 

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

8 participating candidate with respect to a primary 

9 runoff election in an amount equal to 25 percent of 

10 the amount the participating candidate was eligible 

11 to receive under this section for the primary election. 

12 ‘‘(3) GENERAL ELECTION ALLOCATION.—Ex13 cept as provided in paragraph (6), the Commission 

14 shall make an allocation from the Fund to a can15 didate who is certified as a participating candidate 

16 with respect to a general election in an amount 

17 equal to 60 percent of the base amount. 

18 ‘‘(4) GENERAL RUNOFF ELECTION ALLOCA19 TION.—The Commission shall make an allocation 

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

21 participating candidate with respect to a general 

22 runoff election in an amount equal to 25 percent of 

23 the base amount. 

24 ‘‘(5) RECOUNT ALLOCATION.—If the appro25 priate State or local election official conducts a reVerDate Mar 15 2010 03:12 Dec 23, 2010 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6116.RH H6116

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1 count of an election, the Commission shall make an 

2 allocation from the Fund to a participating can3 didate for expenses relating to the recount in an 

4 amount equal to 25 percent of the amount the par5 ticipating candidate was eligible to receive under this 

6 section for the election involved. 

7 ‘‘(6) UNCONTESTED ELECTIONS.— 

8 ‘‘(A) IN GENERAL.—In the case of a pri9 mary or general election that is an uncontested 

10 election, the Commission shall make an alloca11 tion from the Fund to a participating candidate 

12 for such election in an amount equal to 25 per13 cent of the allocation for that election with re14 spect to such candidate. 

15 ‘‘(B) UNCONTESTED ELECTION DE16 FINED.—For purposes of this subparagraph, an 

17 election is uncontested if not more than 1 can18 didate has campaign funds (including payments 

19 from the Fund) in an amount equal to or great20 er than 10 percent of the allocation a candidate 

21 would be entitled to receive under this section 

22 for that election (determined without regard to 

23 this paragraph). 

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

25 equal to 80 percent of the national average disbursements 


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1 of the cycle by winning candidates for the office of Rep2 resentative in, or Delegate or Resident Commissioner to, 

3 the Congress in the last 2 election cycles. 

4 ‘‘(c) TIMING; METHOD OF PAYMENT.— 

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

6 allocations required under subsection (a) to a par7 ticipating candidate— 

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

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

10 after the date on which such candidate is cer11 tified as a participating candidate under section 

12 513; 

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

14 later than 48 hours after— 

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

16 results of the primary election or the pri17 mary runoff election; or 

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

19 primary election, the date the candidate 

20 qualifies to be placed on the ballot; 

21 ‘‘(C) in the case of a primary runoff elec22 tion or a general runoff election, not later than 

23 48 hours after the certification of the results of 

24 the primary election or the general election, as 

25 the case may be; and 


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

2 not later than 48 hours after the appropriate 

3 State or local election official orders the holding 

4 of the recount. 

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

6 shall distribute funds available to participating can7 didates under this section through the use of an 

8 electronic funds exchange or a debit card. 

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

10 DOLLAR CONTRIBUTIONS. 

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

12 each participating candidate an amount equal to 400 per13 cent of the amount of qualified small dollar contributions 

14 received by the candidate from individuals who are resi15 dents of the State in which such participating candidate 

16 is seeking election. 

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

18 this section shall be the greater of— 

19 ‘‘(1) 200 percent of the allocation under para20 graphs (1) through (4) of section 502(a) for that 

21 election with respect to such candidate; or 

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

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

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

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1 ness days after the receipt of a report made under sub2 section (d). 

3 ‘‘(d) REPORTS.— 

4 ‘‘(1) IN GENERAL.—Each participating can5 didate shall file reports of receipts of qualified small 

6 dollar contributions at such times and in such man7 ner as the Commission may by regulations prescribe. 

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

9 under this subsection shall disclose— 

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

11 dollar contribution received by the candidate; 

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

13 dollar contribution received by the candidate 

14 from a resident of the State in which the can15 didate is seeking election; and 

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

17 each individual who made a qualified small dol18 lar contribution to the candidate. 

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

20 this subsection shall be made no more frequently 

21 than— 

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

23 is 90 days before the date of the election; 


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1 ‘‘(B) once every week after the period de2 scribed in subparagraph (A) and until the date 

3 that is 21 days before the election; and 

4 ‘‘(C) once every day after the period de5 scribed in subparagraph (B). 

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

7 Commission may not prescribe any regulations with 

8 respect to reporting under this subsection with re9 spect to any election after the date that is 180 days 

10 before the date of such election. 

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

12 written explanation with respect to any denial of any pay13 ment under this section and shall provide for the oppor14 tunity for review and reconsideration within 5 business 

15 days of such denial. 

16 ‘‘(f) QUALIFIED SMALL DOLLAR CONTRIBUTION DE17 FINED.—The term ‘qualified small dollar contribution’ 

18 means, with respect to a participating candidate, any con19 tribution (or a series of contributions)— 

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

21 does not include a qualifying contribution); 

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

23 prohibited from making a contribution under this 

24 Act; and 


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

2 exceed the greater of— 

3 ‘‘(A) $100 per election; or 

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

5 Elections Oversight Board under section 

6 532(c)(2). 

7 ‘‘Subtitle B—Eligibility and 

8 Certification 

9 ‘‘SEC. 511. ELIGIBILITY. 

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

11 Representative in, or Delegate or Resident Commissioner 

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

13 candidate under this title with respect to an election if 

14 the candidate meets the following requirements: 

15 ‘‘(1) During the election cycle for the office in16 volved, the candidate files with the Commission a 

17 statement of intent to seek certification as a partici18 pating candidate. 

19 ‘‘(2) The candidate meets the qualifying re20 quirements of section 512. 

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

22 Elections qualifying period, the candidate files with 

23 the Commission an affidavit signed by the candidate 

24 and the treasurer of the candidate’s principal cam25 paign committee declaring that the candidate— 


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

2 comply with the contribution and expenditure 

3 requirements of section 521; 

4 ‘‘(B) if certified, will comply with the de5 bate requirements of section 522; 

6 ‘‘(C) if certified, will run only as a partici7 pating candidate for all elections for the office 

8 that such candidate is seeking during the elec9 tion cycle; and 

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

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

12 ‘‘(b) GENERAL ELECTION.—Notwithstanding sub13 section (a), a candidate shall not be eligible to receive an 

14 allocation from the Fund for a general election or a gen15 eral runoff election unless the candidate’s party nominated 

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

17 election or the candidate is otherwise qualified to be on 

18 the ballot under State law. 

19 ‘‘(c) FAIR ELECTIONS QUALIFYING PERIOD DE20 FINED.—The term ‘Fair Elections qualifying period’ 

21 means, with respect to any candidate for the office of Rep22 resentative in, or Delegate or Resident Commissioner to, 

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

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

25 candidate files a statement of intent under section 


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

2 the date that is 60 days before— 

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

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

5 a primary election, the date prescribed by State law 

6 as the last day to qualify for a position on the gen7 eral election ballot. 

8 ‘‘SEC. 512. QUALIFYING REQUIREMENTS. 

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

10 candidate for the office of Representative in, or Delegate 

11 or Resident Commissioner to, the Congress meets the re12 quirement of this section if, during the Fair Elections 

13 qualifying period described in section 511(c), the can14 didate obtains— 

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

16 number of individuals equal to or greater than the 

17 lesser of— 

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

19 the State involved (as reported in the most re20 cent decennial census), or 

21 ‘‘(B) 1,500; and 

22 ‘‘(2) a total dollar amount of qualifying con23 tributions equal to or greater than $50,000. 


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1 ‘‘(b) REQUIREMENTS RELATING TO RECEIPT OF

2 QUALIFYING CONTRIBUTION.—Each qualifying contribu3 tion— 

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

5 check, money order, debit card, credit card, or elec6 tronic payment account; 

7 ‘‘(2) shall be accompanied by a signed state8 ment containing— 

9 ‘‘(A) the contributor’s name and the con10 tributor’s address in the State in which the pri11 mary residence of the contributor is located; 

12 ‘‘(B) an oath declaring that the contrib13 utor— 

14 ‘‘(i) understands that the purpose of 

15 the qualifying contribution is to show sup16 port for the candidate so that the can17 didate may qualify for Fair Elections fi18 nancing; 

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

20 or her own name and from his or her own 

21 funds; 

22 ‘‘(iii) has made the contribution will23 ingly; and 

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

25 value in return for the contribution; and 


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

2 sent to the contributor with a copy kept by the can3 didate for the Commission and a copy kept by the 

4 candidate for the election authorities in the State 

5 with respect to which the candidate is seeking elec6 tion. 

7 ‘‘(c) VERIFICATION OF QUALIFYING CONTRIBU8 TIONS.—The Commission shall establish procedures for 

9 the auditing and verification of qualifying contributions to 

10 ensure that such contributions meet the requirements of 

11 this section. 

12 ‘‘(d) PROHIBITING PAYMENT ON COMMISSION BASIS

13 OF INDIVIDUALS COLLECTING QUALIFYING CONTRIBU14 TIONS.—No person may be paid a commission on a per 

15 qualifying contribution basis for collecting qualifying con16 tributions. 

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

18 section, the term ‘qualifying contribution’ means, with re19 spect to a candidate, a contribution that— 

20 ‘‘(1) is in an amount that is— 

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

22 amount determined by the Commission under 

23 section 532(c)(2), and 


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

2 the amount determined by the Commission 

3 under section 532(c)(2); 

4 ‘‘(2) is made by an individual— 

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

6 State in which such Candidate is seeking elec7 tion, and 

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

9 making a contribution under this Act; 

10 ‘‘(3) is made during the Fair Elections quali11 fying period described in section 511(c); and 

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

13 ‘‘SEC. 513. CERTIFICATION. 

14 ‘‘(a) DEADLINE AND NOTIFICATION.— 

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

16 a candidate files an affidavit under section 

17 511(a)(3), the Commission shall— 

18 ‘‘(A) determine whether or not the can19 didate meets the requirements for certification 

20 as a participating candidate; 

21 ‘‘(B) if the Commission determines that 

22 the candidate meets such requirements, certify 

23 the candidate as a participating candidate; and 

24 ‘‘(C) notify the candidate of the Commis25 sion’s determination. 


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1 ‘‘(2) DEEMED CERTIFICATION FOR ALL ELEC2 TIONS IN ELECTION CYCLE.—If the Commission cer3 tifies a candidate as a participating candidate with 

4 respect to the first election of the election cycle in5 volved, the Commissioner shall be deemed to have 

6 certified the candidate as a participating candidate 

7 with respect to all subsequent elections of the elec8 tion cycle. 

9 ‘‘(b) REVOCATION OF CERTIFICATION.— 

10 ‘‘(1) IN GENERAL.—The Commission may re11 voke a certification under subsection (a) if— 

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

13 on the ballot at any time after the date of cer14 tification (other than a candidate certified as a 

15 participating candidate with respect to a pri16 mary election who fails to qualify to appear on 

17 the ballot for a subsequent election in that elec18 tion cycle); or 

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

20 with the requirements of this title, including 

21 any regulatory requirements prescribed by the 

22 Commission. 

23 ‘‘(2) REPAYMENT OF BENEFITS.—If certifi24 cation is revoked under paragraph (1), the candidate 

25 shall repay to the Fair Elections Fund established 


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1 under section 531 an amount equal to the value of 

2 benefits received under this title with respect to the 

3 election cycle involved plus interest (at a rate deter4 mined by the Commission) on any such amount re5 ceived. 

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

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

8 office of Representative in, or Delegate or Resident Com9 missioner to, the Congress who is certified under this sec10 tion as eligible to receive benefits under this title. 

11 ‘‘Subtitle C—Requirements for Can12 didates Certified as Partici13 pating Candidates 

14 ‘‘SEC. 521. CONTRIBUTION, EXPENDITURE, AND FUND15 RAISING REQUIREMENTS. 

16 ‘‘(a) CONTRIBUTIONS.— 

17 ‘‘(1) PERMITTED SOURCES OF CONTRIBU18 TIONS.—Except as provided in subsection (c), a can19 didate who is certified as a participating candidate 

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

21 elections occurring during the election cycle for the 

22 office involved, accept no contributions from any 

23 source (including an unexpended contribution re24 ceived by the candidate with respect to a previous 


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1 election or a contribution made by any political com2 mittee or multicandidate committee) other than— 

3 ‘‘(A) qualifying contributions described in 

4 section 512; 

5 ‘‘(B) qualified small dollar contributions 

6 described in section 503; 

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

8 ‘‘(D) payments under section 503. 

9 ‘‘(2) CONTRIBUTIONS FOR LEADERSHIP AND

10 RELATED PACS.—A political committee of a partici11 pating candidate which is not an authorized com12 mittee of such candidate may accept contributions 

13 other than contributions described in paragraph (1) 

14 from any person if— 

15 ‘‘(A) the aggregate amount of the con16 tributions from such person for any election 

17 during the election cycle does not exceed $100; 

18 and 

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

20 disbursed in connection with the campaign of 

21 the participating candidate. 

22 ‘‘(b) EXPENDITURES.— 

23 ‘‘(1) PERMITTED SOURCES FOR EXPENDI24 TURES.—Except as provided in subsection (c), a 

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1 didate with respect to an election shall, with respect 

2 to all elections occurring during the election cycle for 

3 the office involved— 

4 ‘‘(A) make no expenditures from any 

5 amounts other than— 

6 ‘‘(i) qualifying contributions described 

7 in section 512; 

8 ‘‘(ii) qualified small dollar contribu9 tions described in section 503; 

10 ‘‘(iii) allocations under section 502; 

11 and 

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

13 ‘‘(B) make no expenditures from personal 

14 funds or the funds of any immediate family 

15 member of the candidate (other than funds re16 ceived through qualified small dollar contribu17 tions and qualifying contributions). 

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

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

20 means, with respect to a candidate— 

21 ‘‘(A) the candidate’s spouse; 

22 ‘‘(B) a child, stepchild, parent, grand23 parent, brother, half-brother, sister, or half-sis24 ter of the candidate or the candidate’s spouse; 

25 and 


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

2 subparagraph (B). 

3 ‘‘(c) EXCEPTIONS.— 

4 ‘‘(1) EXCEPTION FOR CONTRIBUTIONS RE5 CEIVED PRIOR TO FILING OF STATEMENT OF IN6 TENT.—A candidate who has accepted contributions 

7 that are not qualified small dollar contributions, 

8 qualifying contributions, or contributions described 

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

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

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

12 such contributions are— 

13 ‘‘(A) returned to the contributor; 

14 ‘‘(B) submitted to the Commission for de15 posit in the Fair Elections Fund established 

16 under section 531; or 

17 ‘‘(C) spent in accordance with paragraph 

18 (2). 

19 ‘‘(2) EXCEPTION FOR EXPENDITURES MADE

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

21 candidate has made expenditures prior to the date 

22 the candidate files a statement of intent under sec23 tion 511(a)(1) that the candidate is prohibited from 

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

25 violation of such subsection if the aggregate amount 


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1 of the prohibited expenditures is less than 20 per2 cent of the amount of an initial allocation to a can3 didate under section 502(a)(1). 

4 ‘‘(3) EXCEPTION FOR CAMPAIGN SURPLUSES

5 FROM A PREVIOUS ELECTION.—Notwithstanding 

6 paragraph (1), unexpended contributions received by 

7 the candidate or the an authorized committee of the 

8 candidate with respect to a previous election may be 

9 retained, but only if the candidate places the funds 

10 in escrow and refrains from raising additional funds 

11 for or spending funds from that account during the 

12 election cycle in which a candidate is a participating 

13 candidate. 

14 ‘‘(4) EXCEPTION FOR CONTRIBUTIONS RE15 CEIVED BEFORE THE EFFECTIVE DATE OF THIS

16 TITLE.—Contributions received and expenditures 

17 made by the candidate or an authorized committee 

18 of the candidate prior to the effective date of this 

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

20 or (b). Unexpended contributions shall be treated 

21 the same as campaign surpluses under paragraph 

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

23 limit in paragraph (2). 

24 ‘‘(d) SPECIAL RULE FOR COORDINATED PARTY EX25 PENDITURES.—For purposes of this section, a payment 


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1 made by a political party in coordination with a partici2 pating candidate shall not be treated as a contribution to 

3 or as an expenditure made by the participating candidate. 

4 ‘‘SEC. 522. DEBATE REQUIREMENT. 

5 ‘‘A candidate who is certified as a participating can6 didate with respect to an election shall, during the election 

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

8 ‘‘(1) 1 public debate before the primary election 

9 with other participating candidates and other willing 

10 candidates from the same party and seeking the 

11 same nomination as such candidate; and 

12 ‘‘(2) 2 public debates before the general election 

13 with other participating candidates and other willing 

14 candidates seeking the same office as such can15 didate. 

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

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

18 60 days after the last election for which a candidate cer19 tified as a participating candidate qualifies to be on the 

20 ballot during the election cycle involved, such participating 

21 candidate shall remit to the Commission for deposit in the 

22 Fair Elections Fund established under section 531 an 

23 amount equal to the lesser of— 

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

25 campaign account; or 


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

2 candidate under section 502 and the payments re3 ceived by the candidate under section 503. 

4 ‘‘(b) EXCEPTION FOR EXPENDITURES INCURRED

5 BUT NOT PAID AS OF DATE OF REMITTANCE.— 

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

7 candidate may withhold from the amount required to 

8 be remitted under paragraph (1) of such subsection 

9 the amount of any authorized expenditures which 

10 were incurred in connection with the candidate’s 

11 campaign but which remain unpaid as of the dead12 line applicable to the candidate under such sub13 section, except that any amount withheld pursuant 

14 to this paragraph shall be remitted to the Commis15 sion not later than 120 days after the date of the 

16 election to which such subsection applies. 

17 ‘‘(2) DOCUMENTATION REQUIRED.—A can18 didate may withhold an amount of an expenditure 

19 pursuant to paragraph (1) only if the candidate sub20 mits documentation of the expenditure and the 

21 amount to the Commission not later than the dead22 line applicable to the candidate under subsection (a). 


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1 ‘‘Subtitle D—Administrative 

2 Provisions 

3 ‘‘SEC. 531. FAIR ELECTIONS FUND. 

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

5 Treasury a fund to be known as the ‘Fair Elections 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) VOLUNTARY CONTRIBUTIONS.—Voluntary 

13 contributions to the Fund. 

14 ‘‘(3) TRANSFERS RESULTING FROM PAYMENT

15 OF CIVIL PENALTIES.—Amounts transferred into the 

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

17 ‘‘(4) PROCEEDS FROM RECOVERED SPECTRUM

18 AUCTIONS.—Amounts deposited pursuant to section 

19 309(j)(8)(E)(ii)(II) of the Communications Act of 

20 1934. 

21 ‘‘(5) OTHER DEPOSITS.—Amounts deposited 

22 into the Fund under— 

23 ‘‘(A) section 521(a)(3) (relating to excep24 tions to contribution requirements); 


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

2 allocations from the Fund); 

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

4 and 

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

6 ‘‘(6) INVESTMENT RETURNS.—Interest on, and 

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

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

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

10 portions of the Fund in obligations of the United States 

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

12 of the Internal Revenue Code of 1986. 

13 ‘‘(d) USE OF FUND.— 

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

15 shall be used to provide benefits to participating 

16 candidates as provided in subtitle A. 

17 ‘‘(2) INSUFFICIENT AMOUNTS.—Under regula18 tions established by the Commission, rules similar to 

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

20 Code of 1986 shall apply. 

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

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

23 the Federal Election Commission an entity to be known 

24 as the ‘Fair Elections Oversight Board’. 

25 ‘‘(b) STRUCTURE AND MEMBERSHIP.— 


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1 ‘‘(1) IN GENERAL.—The Board shall be com2 posed of 5 members appointed by the President, of 

3 whom— 

4 ‘‘(A) 2 shall be appointed after consulta5 tion with the Majority Leader of the House of 

6 Representatives; 

7 ‘‘(B) 2 shall be appointed after consulta8 tion with the Minority Leader of the House of 

9 Representatives; and 

10 ‘‘(C) 1 shall be appointed upon the rec11 ommendation of the members appointed under 

12 subparagraphs (A) and (B). 

13 ‘‘(2) QUALIFICATIONS.— 

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

15 individuals who are nonpartisan and, by reason 

16 of their education, experience, and attainments, 

17 exceptionally qualified to perform the duties of 

18 members of the Board. 

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

20 Board may be— 

21 ‘‘(i) an employee of the Federal gov22 ernment; 

23 ‘‘(ii) a registered lobbyist or an indi24 vidual who was a registered lobbyist at any 


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1 time during the 2-year period preceding 

2 appointment to the Board; or 

3 ‘‘(iii) an officer or employee of a polit4 ical party or political campaign. 

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

6 appointed not later than 60 days after the date of 

7 the enactment of this Act. 

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

9 appointed for a term of 5 years. 

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

11 shall be filled not later than 30 calendar days after 

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

13 vacancy, in the same manner as the original ap14 pointment. The individual appointed to fill the va15 cancy shall serve only for the unexpired portion of 

16 the term for which the individual’s predecessor was 

17 appointed. 

18 ‘‘(6) CHAIRPERSON.—The Board shall des19 ignate a Chairperson from among the members of 

20 the Board. 

21 ‘‘(c) DUTIES AND POWERS.— 

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

23 such duties and powers as the Commission may pre24 scribe, including the power to administer the provi25 sions of this title. 


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1 ‘‘(2) REVIEW OF FAIR ELECTIONS FINANC2 ING.— 

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

4 scheduled general election for Federal office, 

5 the Board shall conduct a comprehensive review 

6 of the Fair Elections financing program under 

7 this title, including— 

8 ‘‘(i) the maximum dollar amount of 

9 qualified small dollar contributions under 

10 section 503(f); 

11 ‘‘(ii) the maximum and minimum dol12 lar amounts for qualifying contributions 

13 under section 512(d); 

14 ‘‘(iii) the number and value of quali15 fying contributions a candidate is required 

16 to obtain under section 512(a) to be eligi17 ble for certification as a participating can18 didate; 

19 ‘‘(iv) the amount of allocations that 

20 candidates may receive under section 502; 

21 ‘‘(v) the maximum amount of pay22 ments a candidate may receive under sec23 tion 503; 


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

3 with the program; and 

4 ‘‘(vii) such other matters relating to 

5 financing of House of Representatives 

6 campaigns as the Board determines are 

7 appropriate. 

8 ‘‘(B) CRITERIA FOR REVIEW.—In con9 ducting the review under subparagraph (A), the 

10 Board shall consider the following: 

11 ‘‘(i) QUALIFYING CONTRIBUTIONS

12 AND QUALIFIED SMALL DOLLAR CON13 TRIBUTIONS.—The Board shall consider 

14 whether the number and dollar amount of 

15 qualifying contributions required and max16 imum dollar amount for such qualifying 

17 contributions and qualified small dollar 

18 contributions strikes a balance regarding 

19 the importance of voter involvement, the 

20 need to assure adequate incentives for par21 ticipating, and fiscal responsibility, taking 

22 into consideration the number of primary 

23 and general election participating can24 didates, the electoral performance of those 

25 candidates, program cost, and any other 


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1 information the Board determines is ap2 propriate. 

3 ‘‘(ii) REVIEW OF PROGRAM BENE4 FITS.—The Board shall consider whether 

5 the totality of the amount of funds allowed 

6 to be raised by participating candidates 

7 (including through qualifying contributions 

8 and small dollar contributions), allocations 

9 under section 502, and payments under 

10 section 503 are sufficient for voters in each 

11 State to learn about the candidates to cast 

12 an informed vote, taking into account the 

13 historic amount of spending by winning 

14 candidates, media costs, primary election 

15 dates, and any other information the 

16 Board determines is appropriate. 

17 ‘‘(C) ADJUSTMENT OF AMOUNTS.— 

18 ‘‘(i) IN GENERAL.—Based on the re19 view conducted under subparagraph (A), 

20 the Board shall provide for the adjust21 ments of the following amounts: 

22 ‘‘(I) the maximum dollar amount 

23 of qualified small dollar contributions 

24 under section 503(f); 


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1 ‘‘(II) the maximum and min2 imum dollar amounts for qualifying 

3 contributions under section 512(d); 

4 ‘‘(III) the number and value of 

5 qualifying contributions a candidate is 

6 required to obtain under section 

7 512(a) to be eligible for certification 

8 as a participating candidate; 

9 ‘‘(IV) the base amount for can10 didates under section 502(b); and 

11 ‘‘(V) the maximum amount of 

12 matching contributions a candidate 

13 may receive under section 503(b). 

14 ‘‘(ii) REGULATIONS.—The Commis15 sion shall promulgate regulations providing 

16 for the adjustments made by the Board 

17 under clause (i). 

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

19 following any general election for Federal office, 

20 the Board shall submit a report to Congress on 

21 the review conducted under paragraph (1). 

22 Such report shall contain a detailed statement 

23 of the findings, conclusions, and recommenda24 tions of the Board based on such review. 

25 ‘‘(d) MEETINGS AND HEARINGS.— 


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

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

3 such testimony, and receive such evidence as the 

4 Board considers advisable to carry out the purposes 

5 of this Act. 

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

7 shall constitute a quorum for purposes of voting, but 

8 a quorum is not required for members to meet and 

9 hold hearings. 

10 ‘‘(e) REPORTS.—Not later than March 30, 2011, and 

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

12 Committee on House Administration of the House of Rep13 resentatives a report documenting, evaluating, and making 

14 recommendations relating to the administrative implemen15 tation and enforcement of the provisions of this title. 

16 ‘‘(f) ADMINISTRATION.— 

17 ‘‘(1) COMPENSATION OF MEMBERS.— 

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

19 than the Chairperson, shall be paid at a rate 

20 equal to the daily equivalent of the minimum 

21 annual rate of basic pay prescribed for level IV 

22 of the Executive Schedule under section 5315 

23 of title 5, United States Code. 

24 ‘‘(B) CHAIRPERSON.—The Chairperson 

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1 lent of the minimum annual rate of basic pay 

2 prescribed for level III of the Executive Sched3 ule under section 5314 of title 5, United States 

4 Code. 

5 ‘‘(2) PERSONNEL.— 

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

7 staff headed by an Executive Director. The Ex8 ecutive Director shall be paid at a rate equiva9 lent to a rate established for the Senior Execu10 tive Service under section 5382 of title 5, 

11 United States Code. 

12 ‘‘(B) STAFF APPOINTMENT.—With the ap13 proval of the Chairperson, the Executive Direc14 tor may appoint such personnel as the Execu15 tive Director and the Board determines to be 

16 appropriate. 

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

18 the approval of the Chairperson, the Executive 

19 Director may procure temporary and intermit20 tent services under section 3109(b) of title 5, 

21 United States Code. 

22 ‘‘(D) DETAIL OF GOVERNMENT EMPLOY23 EES.—Upon the request of the Chairperson, the 

24 head of any Federal agency may detail, without 

25 reimbursement, any of the personnel of such 


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1 agency to the Board to assist in carrying out 

2 the duties of the Board. Any such detail shall 

3 not interrupt or otherwise affect the civil service 

4 status or privileges of the Federal employee. 

5 ‘‘(E) OTHER RESOURCES.—The Board 

6 shall have reasonable access to materials, re7 sources, statistical data, and other information 

8 from the Library of Congress and other agen9 cies of the executive and legislative branches of 

10 the Federal Government. The Chairperson of 

11 the Board shall make requests for such access 

12 in writing when necessary. 

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

14 are authorized to be appropriated such sums as are nec15 essary to carry out the purposes of this subtitle. 

16 ‘‘SEC. 533. ADMINISTRATION BY COMMISSION. 

17 ‘‘The Commission shall prescribe regulations to carry 

18 out the purposes of this title, including regulations— 

19 ‘‘(1) to establish procedures for— 

20 ‘‘(A) verifying the amount of valid quali21 fying contributions with respect to a candidate; 

22 ‘‘(B) effectively and efficiently monitoring 

23 and enforcing the limits on the raising of quali24 fied small dollar contributions; 


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1 ‘‘(C) effectively and efficiently monitoring 

2 and enforcing the limits on the use of personal 

3 funds by participating candidates; and 

4 ‘‘(D) monitoring the use of allocations 

5 from the Fair Elections Fund established under 

6 section 531 and matching contributions under 

this title through audits of not fewer than 1 7 ⁄3 of 

8 all participating candidates or other mecha9 nisms; and 

10 ‘‘(2) regarding the conduct of debates in a man11 ner consistent with the best practices of States that 

12 provide public financing for elections. 

13 ‘‘SEC. 534. VIOLATIONS AND PENALTIES. 

14 ‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU15 TION AND EXPENDITURE REQUIREMENTS.—If a can16 didate who has been certified as a participating candidate 

17 accepts a contribution or makes an expenditure that is 

18 prohibited under section 521, the Commission shall assess 

19 a civil penalty against the candidate in an amount that 

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

21 or expenditure. Any amounts collected under this sub22 section shall be deposited into the Fair Elections Fund 

23 established under section 531. 

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

25 ELECTIONS FUND.— 


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1 ‘‘(1) IN GENERAL.—If the Commission deter2 mines that any benefit made available to a partici3 pating candidate was not used as provided for in 

4 this title or that a participating candidate has vio5 lated any of the dates for remission of funds con6 tained in this title, the Commission shall so notify 

7 the candidate and the candidate shall pay to the 

8 Fund an amount equal to— 

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

10 remitted, as appropriate; and 

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

12 rate determined by the Commission). 

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

14 action by the Commission in accordance with this 

15 subsection shall not preclude enforcement pro16 ceedings by the Commission in accordance with sec17 tion 309(a), including a referral by the Commission 

18 to the Attorney General in the case of an apparent 

19 knowing and willful violation of this title. 

20 ‘‘SEC. 535. ELECTION CYCLE DEFINED. 

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

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

23 or Delegate or Resident Commissioner to, the Congress, 

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

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


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

2 election) and ending on the date of the next general elec3 tion for that office (or, if the general election resulted in 

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

5 SEC. 102. TRANSFER OF PORTION OF CIVIL MONEY PEN6 ALTIES INTO FAIR ELECTIONS FUND. 

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

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

9 end the following new paragraph: 

10 ‘‘(13) Upon receipt in the General Fund of the Treas11 ury of any payment attributable to a civil money penalty 

12 imposed under this subsection, there shall be transferred 

13 to the Fair Elections Fund established under section 531 

14 an amount equal to 50 percent of the amount of such pay15 ment.’’. 

16 SEC. 103. PROHIBITING USE OF CONTRIBUTIONS BY PAR17 TICIPATING CANDIDATES FOR PURPOSES 

18 OTHER THAN CAMPAIGN FOR ELECTION. 

19 Section 313 of the Federal Election Campaign Act 

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

21 the following new subsection: 

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

23 BY CANDIDATES RECEIVING FAIR ELECTIONS FINANC24 ING.—Notwithstanding paragraphs (2), (3), or (4) of sub25 section (a), if a candidate for election for the office of RepVerDate Mar 15 2010 03:12 Dec 23, 2010 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H6116.RH H6116

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1 resentative in, or Delegate or Resident Commissioner to, 

2 the Congress is certified as a participating candidate 

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

4 which the candidate is permitted to accept under such title 

5 may be used only for authorized expenditures in connec6 tion with the candidate’s campaign for such office.’’. 

7 SEC. 104. PROHIBITION ON JOINT FUNDRAISING COMMIT8 TEES. 

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

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

11 end the following new paragraph: 

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

13 may establish a joint fundraising committee with a 

14 political committee other than an authorized com15 mittee of a candidate.’’. 

16 SEC. 105. LIMITATION ON COORDINATED EXPENDITURES 

17 BY POLITICAL PARTY COMMITTEES WITH 

18 PARTICIPATING CANDIDATES. 

19 (a) IN GENERAL.—Section 315(d)(3) of the Federal 

20 Election Campaign Act of 1971 (2 U.S.C. 441a(d)) is 

21 amended— 

22 (1) by redesignating subparagraphs (A) and 

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


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1 (2) by inserting before subparagraph (B), as re2 designated by paragraph (1), the following new sub3 paragraph: 

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

5 to the office of Representative in, or Delegate 

6 or Resident Commissioner to, the Congress who 

7 is certified as a participating candidate under 

8 title V, the lesser of— 

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

10 the participating candidate is eligible to re11 ceive for the general election under section 

12 502(a); or 

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

14 this subparagraph) apply with respect to 

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

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

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

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

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

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

21 one Representative’’; and 

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

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

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

25 other State’’. 


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1 SEC. 106. DEPOSIT OF PROCEEDS FROM RECOVERED SPEC2 TRUM AUCTIONS. 

3 Section 309(j)(8)(E)(ii) of the Communications Act 

4 of 1934 (47 U.S.C. 309(j)(8)(E)(ii)) is amended— 

5 (1) by striking ‘‘deposited in’’ and inserting the 

6 following: ‘‘deposited as follows: 

7 ‘‘(I) 90 percent of such proceeds 

8 deposited in’’; and 

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

10 ‘‘(II) 10 percent of such proceeds 

11 deposited in the Fair Elections Fund 

12 established under section 531 of the 

13 Federal Election Campaign Act of 

14 1971.’’. 

15 TITLE II—RESPONSIBILITIES OF 

16 THE FEDERAL ELECTION 

17 COMMISSION 

18 SEC. 201. PETITION FOR CERTIORARI. 

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

20 Act of 1971 (2 U.S.C. 437d(a)(6)) is amended by insert21 ing ‘‘(including a proceeding before the Supreme Court on 

22 certiorari)’’ after ‘‘appeal’’. 

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

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

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


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1 ‘‘(g) FILING WITH THE COMMISSION.—All des2 ignations, statements, and reports required to be 

3 filed under this Act shall be filed with the Commis4 sion.’’. 

5 SEC. 203. ELECTRONIC FILING OF FEC REPORTS. 

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

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

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

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

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

11 file such designation, statement, or report in elec12 tronic form accessible by computers.’’; 

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

14 hours’’ and all that follows through ‘‘filed electroni15 cally)’’ and inserting ‘‘24 hours’’; and 

16 (3) by striking subparagraph (D). 

17 TITLE III—MISCELLANEOUS 

18 PROVISIONS 

19 SEC. 301. SEVERABILITY. 

20 If any provision of this Act or amendment made by 

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

22 to any person or circumstance, is held to be unconstitu23 tional, the remainder of this Act and amendments made 

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


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1 amendment to any person or circumstance, shall not be 

2 affected by the holding. 

3 SEC. 302. EFFECTIVE DATE. 

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

5 and the amendments made by this Act shall take effect 

6 on January 1, 2011. 


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Union Calendar No. 410 

111TH CONGRESS 

2D SESSION H. R. 6116 

[Report No. 111–691, Part I] 

A BILL 

To reform the financing of House elections, and for 

other purposes. 

DECEMBER 22, 2010 

The Committee on Energy and Commerce discharged; 

the State of the Union and ordered to be printed committed to the Committee of the Whole House on 


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