I
105TH CONGRESS
2D SESSION
H. R. 3852
To amend the Federal Election Campaign Act of 1971 to provide for public
financing for House of Representatives general elections for candidates
who voluntarily limit expenditures, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 13, 1998
Mr. OBEY introduced the following bill; which was referred to the Committee
on House Oversight, and in addition to the Committees on Ways and
Means, and Rules, 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 for public financing for House of Representatives
general elections for candidates who voluntarily limit ex-
penditures, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDING.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Let the Public Decide Campaign Finance Reform Act’’.
(b) FINDING.—The Congress finds that the existing
system of private political contributions has become a fun-
damental threat to the integrity of the national election
process and that the provisions contained in this Act are
necessary to prevent the corruption of the public’s faith
in the Nation’s system of governance.
TITLE I—VOLUNTARY EXPENDI-
TURE LIMITATIONS AND PUB-
LIC FINANCING FOR HOUSE
OF REPRESENTATIVES GEN-
ERAL ELECTIONS
SEC. 101. NEW TITLE OF FEDERAL ELECTION CAMPAIGN
ACT OF 1971.
The Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) is amended by adding at the end the
following new title:
‘‘TITLE V—VOLUNTARY EXPEND-
ITURE 
LIMITATIONS 
AND
PUBLIC 
FINANCING 
FOR
HOUSE 
OF 
REPRESENTA-
TIVES GENERAL ELECTIONS
‘‘Subtitle A—Public Financing for
Certified House Candidates
‘‘SEC. 501. PUBLIC FINANCING FOR CERTIFIED HOUSE CAN-
DIDATES.
‘‘A certified House candidate in a House of Rep-
resentatives general election shall be entitled to payments
from the Grassroots Good Citizenship Fund under section
521.
‘‘SEC. 502. PROCEDURES FOR CERTIFICATION.
‘‘(a) IN GENERAL.—The Commission shall certify
that a candidate initially meets the requirements for a cer-
tified House candidate if the candidate submits to the
Commission in writing a statement with the following in-
formation and assurances:
‘‘(1) An agreement to obtain and furnish to the
Commission such evidence as it may request to en-
sure that the candidate meets the requirements re-
lating to limitations on expenditures under subtitle
B.
‘‘(2) An agreement to keep and furnish to the
Commission such records, books, and other informa-
tion as it may request.
‘‘(3) An agreement to audit and examination by
the Commission and to the payment of any amounts
found to be paid erroneously to the candidate under
this title.
‘‘(4) Such other information and assurances as
the Commission may require.
‘‘(b) AUTHORITY OF COMMISSION TO REJECT OR
REVOKE CERTIFICATION.—The Commission may reject a
candidate’s application for treatment as a certified House
candidate or revoke a candidate’s status as a certified
House candidate if the candidate knowingly and willfully
violates or has violated any of the applicable requirements
of this title with respect to the election involved or any
previous election.
‘‘Subtitle B—Limitations on Ex-
penditures by Certified House
Candidates
‘‘SEC. 511. LIMITATION ON EXPENDITURES.
‘‘A certified House candidate in a House of Rep-
resentatives general election may not make expenditures
other than as provided in this subtitle.
‘‘SEC. 512. SOURCES OF AMOUNTS FOR EXPENDITURES BY
CERTIFIED HOUSE CANDIDATES.
‘‘The only sources of amounts for expenditures by
certified House candidates in House of Representatives
general elections shall be—
‘‘(1) the Grassroots Good Citizenship Fund,
under section 521; and
‘‘(2) additional amounts from State and na-
tional party committees under section 522.
‘‘SEC. 513. DISTRICT LIMITATION ON EXPENDITURES BY
MAJOR PARTY CANDIDATES.
‘‘(a) IN GENERAL.—Except as provided in section
515 and section 522, the maximum amounts of expendi-
tures by certified House candidates in House of Rep-
resentatives general elections who are major party can-
didates shall be based on the median household income
of the districts involved, as provided for in subsections (b)
and (c).
‘‘(b) MAXIMUM FOR WEALTHIEST DISTRICT.—In the
congressional district with the highest median household
income, maximum combined expenditures for all certified
House candidates who are major party candidates with re-
spect to a House of Representatives general election shall
be a total of $1,000,000.
‘‘(c) MAXIMUM
FOR OTHER DISTRICTS.—In each
congressional district, other than the district referred to
in subsection (b), the maximum combined expenditures for
all certified House candidates who are major party can-
didates with respect to a House of Representatives general
election shall be an amount equal to—
‘‘(1) the maximum amount referred to in sub-
section (b), less
‘‘(2) the amount equal to—
‘‘(A) 2⁄3 of the percentage difference be-
tween the median household income of the dis-
trict involved and the median household income
of the district referred to in subsection (b),
times
‘‘(B) the maximum amount referred to in
subsection (b).
‘‘(d) ALLOCATION.—The maximum expenditure for a
certified House candidate who is a major party candidate
in a congressional district shall be 50 percent of the maxi-
mum amount under subsection (b) or (c), as applicable.
‘‘SEC. 514. DISTRICT LIMITATION ON EXPENDITURES BY
THIRD 
PARTY 
AND 
INDEPENDENT 
CAN-
DIDATES.
‘‘(a) IN GENERAL.—Except as provided in section
515 and section 522, the maximum amounts of expendi-
tures by certified House candidates who are third party
and independent candidates in House of Representatives
general elections shall be the amount allocated under sub-
section (b).
‘‘(b) ALLOCATION.—The maximum expenditure for a
certified House candidate who is a third party or inde-
pendent candidate in a congressional district shall be—
‘‘(1) the amount that bears the same ratio to
the maximum amount under subsection (b) or (c) of
section 503, as applicable, as the total popular vote
in the district for candidates of the third party or
for all independent candidates (as the case may be)
bears to the total popular vote for all candidates in
the 5 preceding general elections; or
‘‘(2) in the case of a candidate in a district in
which no third party or independent candidates (as
the case may be) received votes in the 5 preceding
general elections, the amount corresponding to the
number of signatures presented to and verified by
the Commission according to the following table:
‘‘20,000 signatures ................................................
$75,000
30,000 signatures ..................................................
100,000
40,000 signatures ..................................................
150,000
50,000 signatures ..................................................
200,000
‘‘SEC. 515. INCREASE IN AMOUNT FOR CANDIDATES WITH
NONPARTICIPATING OPPONENT.
‘‘In the case of a certified House candidate in a
House of Representatives general election with an oppo-
nent who is a major party candidate who is not a certified
House candidate, the amount otherwise provided in sec-
tion 513 or section 514 (as the case may be) shall be in-
creased by 100 percent.
‘‘Subtitle C—Payments to Certified
House Candidates
‘‘SEC. 521. GRASSROOTS GOOD CITIZENSHIP FUND.
‘‘(a) CREATION OF FUND.—There is established in
the Treasury a trust fund to be known as the ‘Grassroots
Good Citizenship Fund’, consisting of such amounts as
may be credited to such fund as provided in this section.
‘‘(b) DISTRICT ACCOUNTS.—There shall be estab-
lished within the Grassroots Good Citizenship Fund an ac-
count for each congressional district. The accounts so es-
tablished shall be administered by the Commission for the
purpose of distributing amounts under this title.
‘‘(c) PAYMENTS TO CANDIDATES.—Subject to sub-
section (d), the Commission shall pay to each certified
House candidate from the Grassroots Good Citizenship
Fund the maximum amount calculated for such candidate
under section 513 or 514.
‘‘(d) INSUFFICIENT AMOUNTS.—If, as determined by
the Commission, there are insufficient amounts in the
Grassroots Good Citizenship Fund for payments under
subsection (c), the Commission may reduce payments to
certified House candidates so that each candidate receives
a pro rata portion of the amounts that are available.
‘‘(e) TRANSFERS TO FUND.—There are hereby cred-
ited to the Grassroots Good Citizenship Fund amounts
equivalent to the amounts designated under section 6097
of the Internal Revenue Code of 1986.
‘‘(f) EXPENDITURES.—Amounts in the Grassroots
Good Citizenship Fund shall be available for the purpose
of providing amounts for expenditure by certified House
candidates in House of Representatives general elections
in accordance with this title.
‘‘SEC. 522. ADDITIONAL AMOUNTS FROM STATE AND NA-
TIONAL PARTY COMMITTEES.
‘‘(a) CONTRIBUTIONS.—In addition to amounts made
available under section 521, in the case of a certified
House candidate in a House of Representatives general
election who is the candidate of a political party, the State
and national committees of that political party may make
contributions to the candidate totaling not more than 5
percent of the maximum expenditure applicable to the can-
didate under section 513 or section 514.
‘‘(b) EXPENDITURES.—A certified House candidate
who is the candidate of a political party may make expend-
itures of the amounts received under subsection (a).
‘‘Subtitle D—Miscellaneous
Provisions
‘‘SEC. 531. PUBLIC SERVICE ANNOUNCEMENTS.
‘‘(a) IN GENERAL.—Beginning on January 15, and
continuing through April 15 of each year, the Commission
shall carry out a program, utilizing broadcast announce-
ments and other appropriate means, to inform the public
of the existence and purpose of the Grassroots Good Citi-
zenship Fund and the role that individual citizens can play
in the election process by voluntarily contributing to the
fund. The announcements shall be broadcast during prime
time viewing hours in 30-second advertising segments
equivalent to 200 gross rating points per network per
week. The Commission shall ensure that the maximum
number of taxpayers shall be exposed to these announce-
ments. Television networks, as defined by the Federal
Communications Commission, shall provide the broadcast
time under this section as part of their obligations in the
public interest under the Communications Act of 1934.
The Federal Election Commission shall encourage broad-
cast outlets other than the above mentioned television net-
works including radio to provide similar announcements.
‘‘(b) GROSS RATING POINT.—The term ‘gross rating
point’ is a measure of the total gross weight delivered. It
is the sum of the ratings for individual programs. Since
a household rating period is 1 percent of the coverage
base, 200 gross rating points means 2 messages a week
per average household.
‘‘SEC. 532. DEFINITIONS.
‘‘As used in this title—
‘‘(1) the term ‘certified House candidate’
means, with respect to a House of Representatives
general election, a candidate in such election who is
certified by the Commission under subtitle A as
meeting the requirements for receiving public financ-
ing under this title;
‘‘(2) the term ‘median household income’
means, with respect to a congressional district, the
median household income of that district, as deter-
mined by the Commission, using the most current
data from the Bureau of the Census;
‘‘(3) the term ‘major party’ means, with respect
to a House of Representatives general election, a po-
litical party whose candidate for the office of Rep-
resentative in, or Delegate or Resident Commis-
sioner to, the Congress in the preceding general elec-
tion received, as the candidate of such party, 25 per-
cent or more of the total number of popular votes
received by all candidates for such office;
‘‘(4) the term ‘third party’ means with respect
to a House of Representatives general election, a po-
litical party whose candidate for the office of Rep-
resentative in, or Delegate or Resident Commis-
sioner to, the Congress in the preceding general elec-
tion received, as the candidate of such party, less
than 25 percent of the total number of popular votes
received by all candidates for such office;
‘‘(5) the term ‘independent candidate’ means,
with respect to a House of Representatives general
election, a candidate for the office of Representative
in, or Delegate or Resident Commissioner to, the
Congress who is not the candidate of a major party
or a third party; and
‘‘(6) the term ‘House of Representatives gen-
eral election’ means a general election for the office
of Representative in, or Delegate or Resident Com-
missioner to, the Congress.’’.
TITLE II—AMENDMENTS TO IN-
TERNAL REVENUE CODE OF
1986
SEC. 201. DESIGNATION OF OVERPAYMENTS AND CON-
TRIBUTIONS FOR GRASSROOTS GOOD CITI-
ZENSHIP FUND.
(a) IN GENERAL.—Subchapter A of chapter 61 of the
Internal Revenue Code of 1986 (relating to returns and
records) is amended by adding at the end the following:
‘‘PART 
IX—DESIGNATION 
OF 
OVERPAYMENTS
AND 
CONTRIBUTIONS 
FOR 
GRASSROOTS
GOOD CITIZENSHIP FUND
‘‘Sec. 6097. Designation of overpayments for Grassroots Good
Citizenship Fund.
‘‘SEC. 6097. DESIGNATION OF OVERPAYMENTS FOR GRASS-
ROOTS GOOD CITIZENSHIP FUND.
‘‘(a) IN GENERAL.—With respect to each taxpayer’s
return for the taxable year of the tax imposed by chapter
1, such taxpayer may designate that—
‘‘(1) a specified portion (not less than $1 or
more than $10,000, and not less than $1 or more
than $20,000 in the case of a joint return) of any
overpayment of tax for such taxable year, and
‘‘(2) any contribution which the taxpayer in-
cludes with such return,
shall be paid over to the Grassroots Good Citizenship
Fund under section 521 of the Federal Election Campaign
Act of 1971.
‘‘(b) MANNER AND TIME OF DESIGNATION.—A des-
ignation under subsection (a) may be made with respect
to any taxable year only at the time of filing the return
of tax imposed by chapter 1 for such taxable year. Such
designation shall be made on the 1st page of the return.
‘‘(c) OVERPAYMENTS TREATED AS REFUNDED.—For
purposes of this title, any portion of an overpayment of
tax designated under subsection (a) shall be treated as
being refunded to the taxpayer as of the last date pre-
scribed for filing the return of tax imposed by chapter 1
(determined without regard to extensions) or, if later, the
date the return is filed.’’.
(b) CLERICAL AMENDMENT.—The table of parts for
such subchapter A is amended by adding at the end there-
of the following new item:
‘‘Part IX. Designation of overpayments and contributions for cer-
tain purposes relating to House of Representatives
elections.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 1998.
SEC. 202. INCREASE IN CORPORATE INCOME TAX ON TAX-
ABLE INCOME ABOVE $10,000,000.
(a) IN GENERAL.—Paragraph (4) of subsection (b)
of section 11 of the Internal Revenue Code of 1986 is
amended by striking ‘‘35 percent’’ and inserting ‘‘35.1
percent’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to taxable years beginning after
the date of the enactment of this Act.
(c) USE OF AMOUNTS RECEIVED.—Amounts received
by reason of the amendment made by subsection (a) shall
be paid over to the Grassroots Good Citizenship Fund
under section 521 of the Federal Election Campaign Act
of 1971.
TITLE III—BAN ON USE OF SOFT
MONEY BY HOUSE CANDIDATES
SEC. 301. BAN ON USE OF SOFT MONEY BY HOUSE CAN-
DIDATES.
Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the
end the following new section:
‘‘BAN ON USE OF NON-REGULATED FUNDS BY HOUSE
CANDIDATES
‘‘SEC. 323. (a) IN GENERAL.—No funds may be so-
licited, disbursed, or otherwise used with respect to any
House of Representatives election unless the funds are
subject to the limitations and prohibitions of this Act.
‘‘(b) HOUSE OF REPRESENTATIVES ELECTION DE-
FINED.—In this section, the term ‘House of Representa-
tives election’ means any election for the office of Rep-
resentative in, or Delegate or Resident Commissioner to,
the Congress.’’.
TITLE IV—INDEPENDENT
EXPENDITURES
SEC. 401. BAN ON INDEPENDENT EXPENDITURES IN HOUSE
OF REPRESENTATIVES ELECTIONS.
(a) IN GENERAL.—Section 315 of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 441a) is amended
by adding at the end the following new subsection;
‘‘(i) No person may make any independent expendi-
ture with respect to an election for the office of Represent-
ative in, or Delegate or Resident Commissioner to, the
Congress.’’.
(b) CLARIFICATION OF DEFINITIONS RELATING TO
INDEPENDENT EXPENDITURES.—
(1) IN GENERAL.—Section 301 of such Act (2
U.S.C. 431) is amended by striking paragraphs (17)
and (18) and inserting the following new para-
graphs:
‘‘(17) The term ‘independent expenditure’ means an
expenditure for a communication (other than a commu-
nication which is described in clause (i) or clause (iii) of
paragraph (9)(B) or which would be described in such
clause if the communication were otherwise treated as an
expenditure under this title)—
‘‘(A) which is made during the 90-day period
ending on the date of a general election for Federal
office and which identifies a candidate for election
for such office by name, image, or likeness; or
‘‘(B) which contains express advocacy and is
made without the participation or cooperation of, or
consultation with, a candidate or a candidate’s rep-
resentative.
‘‘(18) The term ‘express advocacy’ means, when a
communication is taken as a whole and with limited ref-
erence to external events, an expression of support for or
opposition to a specific candidate, to a specific group of
candidates, or to candidates of a particular political party,
or a suggestion to take action with respect to an election,
such as to vote for or against, make contributions to, or
participate in campaign activity, or an expression which
would reasonably be construed as intending to influence
the outcome of an election.’’.
(2) 
CONTRIBUTION
DEFINITION
AMEND-
MENT.—Section 301(8)(A) of such Act (2 U.S.C.
431(8)(A)) is amended—
(A) in clause (i), by striking ‘‘or’’ after the
semicolon at the end;
(B) in clause (ii), by striking the period at
the end and inserting ‘‘; or’’; and
(C) by adding at the end the following new
clause:
‘‘(iii) any payment or other transaction referred
to in paragraph (17)(A) that does not qualify as an
independent expenditure under paragraph (17)(B).’’.
SEC. 402. BAN ON USE OF SOFT MONEY FOR CERTAIN EX-
PENDITURES.
Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.), as amended by section 301,
is further amended by adding at the end the following new
section:
‘‘BAN ON USE OF NON-FEDERAL FUNDS FOR CERTAIN
EXPENDITURES
‘‘SEC. 324. (a) IN GENERAL.—No person may dis-
burse any funds for any expenditure described in sub-
section (b) unless the funds are subject to the limitations,
prohibitions, and reporting requirements of this Act.
‘‘(b) EXPENDITURES DESCRIBED.—The expenditures
described in this subsection are as follows:
‘‘(1) An expenditure made by an authorized
committee of a candidate for Federal office or a po-
litical committee of a political party.
‘‘(2) An expenditure made by a person who,
during the election cycle, has made a contribution to
a candidate, where the expenditure is in support of
that candidate or in opposition to another candidate
for the same office.
‘‘(3) An expenditure made by a person, or a po-
litical committee established, maintained or con-
trolled by such person, who is required to register,
under section 308 of the Federal Regulation of Lob-
bying Act (2 U.S.C. 267) or the Foreign Agents
Registration Act (22 U.S.C. 611) or any successor
Federal law requiring a person who is a lobbyist or
foreign agent to register.
‘‘(4) An expenditure made by a person who,
during the election cycle, has communicated with or
received information from a candidate or a rep-
resentative of that candidate regarding activities
that have the purpose of influencing that candidate’s
election to Federal office, where the expenditure is
in support of that candidate or in opposition to an-
other candidate for that office.
‘‘(5) An expenditure if, in the same election
cycle, the person making the expenditure is or has
been—
‘‘(A) authorized to raise or expend funds
on behalf of the candidate or the candidate’s
authorized committees; or
‘‘(B) serving as a member, employee, or
agent of the candidate’s authorized committees
in an executive or policymaking position.’’.
TITLE V—LIMITATIONS ON AC-
CEPTANCE OF LARGE DONOR
PAC 
CONTRIBUTIONS 
IN
HOUSE 
OF 
REPRESENTA-
TIVES PRIMARY ELECTIONS
SEC. 501. LIMITATION ON ACCEPTANCE OF LARGE DONOR
MULTICANDIDATE 
POLITICAL 
COMMITTEE
CONTRIBUTIONS BY HOUSE OF REPRESENTA-
TIVES CANDIDATES.
Section 315 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 441a), as amended by section 401, is
further amended by adding at the end the following new
subsection:
‘‘(j)(1) A candidate for the office of Representative
in, or Delegate or Resident Commissioner to, the Congress
who is not a certified House candidate under title V (and
the authorized political committees of such candidate) may
not, with respect to an election other than a general elec-
tion, accept contributions from large donor multicandidate
political committees in excess of 20 percent of the maxi-
mum amount which a certified House candidate may ex-
pend with respect to the general election under title V.
‘‘(2) In paragraph (1), the term ‘large donor multi-
candidate political committee’ means a multicandidate po-
litical committee that accepts contributions totaling more
than $200 from any single source in a calendar year.’’.
TITLE VI—CONSIDERATION OF
CONSTITUTIONAL AMENDMENT
SEC. 601. EXPEDITED CONSIDERATION OF CONSTITU-
TIONAL AMENDMENT.
(a) IN GENERAL.—If any provision of this Act or any
amendment made by this Act is found unconstitutional by
the Supreme Court, the provisions of section 2908 (other
than subsection (a)) of the Defense Base Closure and Re-
alignment Act of 1990 shall apply to the consideration of
a joint resolution described in section 602 in the same
manner as such provisions apply to a joint resolution de-
scribed in section 2908(a) of such Act.
(b) SPECIAL RULES.—For purposes of applying sub-
section (a) with respect to such provisions, the following
rules shall apply:
(1) Any reference to the Committee on Armed
Services of the House of Representatives shall be
deemed a reference to the Committee on the Judici-
ary of the House of Representatives and any ref-
erence to the Committee on Armed Services of the
Senate shall be deemed a reference to the Committee
on the Judiciary of the Senate.
(2) Any reference to the date on which the
President transmits a report shall be deemed a ref-
erence to the date on which the Supreme Court finds
a provision of this Act or an amendment made by
this Act unconstitutional.
SEC. 602. CONSTITUTIONAL AMENDMENT DESCRIBED.
For purposes of section 601, a joint resolution de-
scribed in this section is a joint resolution proposing the
following text as an amendment to the Constitution of the
United States:
‘‘ARTICLE—
‘‘SECTION 1. In campaigns for election for Federal
office, as necessary to protect the integrity of the electoral
process, Congress may provide for reasonable restrictions
on the making of independent expenditures for public com-
munications made during the 90-day period ending on the
date of a general election and on the making of expendi-
tures for public communications which contain express ad-
vocacy.
‘‘SEC. 2. Nothing in clause 1 may be construed to
affect the validity of any restrictions on expenditures in
campaigns for election for Federal office which are in ef-
fect prior to the adoption of this article.
‘‘SEC. 3. Congress shall have power to enforce this
article by appropriate legislation. No legislation enacted
to enforce this article shall apply with respect to any elec-
tion held after the last day of the year of the third Presi-
dential election held after the date of the enactment of
the legislation, unless the period in which such legislation
is in effect is extended by an Act of Congress which is
signed into law by the President.’’.
Æ