I 
108TH CONGRESS 
1ST SESSION H. R. 3641
To reform the financing of Federal elections, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 21, 2003
Mr. TIERNEY (for himself, Mr. GRIJALVA, Mr. HOEFFEL, Mr. KIND, Mr. 
CASE, Mr. GEORGE
MILLER
of California, Ms. BALDWIN, Mr. 
MCDERMOTT, Ms. WOOLSEY, Mr. BLUMENAUER, Ms. KAPTUR, Ms. 
SCHAKOWSKY, Mr. HINCHEY, Mr. FARR, Mr. NADLER, Mr. OLVER, Mr. 
FRANK of Massachusetts, Mr. MCGOVERN, Mr. SANDERS, Mr. CONYERS, 
Ms. DELAURO, Mr. LANTOS, Mr. DELAHUNT, Ms. ESHOO, Mr. WAXMAN, 
Mr. STARK, Mr. VAN HOLLEN, Ms. LEE, Mr. JACKSON of Illinois, and 
Mr. MCNULTY) introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committees 
on Energy and Commerce and Government Reform, 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 con-
cerned 
A BILL 
To reform the financing of Federal elections, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Clean Money, Clean Elections Act’’.
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; table of contents. 
TITLE I—CLEAN MONEY FINANCING OF HOUSE ELECTION 
CAMPAIGNS 
Sec. 101. Findings and declarations. 
Sec. 102. Eligibility requirements and benefits of Clean Money financing of 
House election campaigns. 
‘‘TITLE V—CLEAN MONEY FINANCING OF HOUSE ELECTION 
CAMPAIGNS 
‘‘Sec. 501. Definitions. 
‘‘Sec. 502. Eligibility for Clean Money. 
‘‘Sec. 503. Requirements applicable to Clean Money candidates. 
‘‘Sec. 504. Seed money. 
‘‘Sec. 505. Certification by Commission. 
‘‘Sec. 506. Benefits for Clean Money candidates. 
‘‘Sec. 507. Administration of Clean Money. 
‘‘Sec. 508. Expenditures made from funds other than Clean Money. 
‘‘Sec. 509. Authorization of appropriations. 
Sec. 103. Reporting requirements for expenditures of private money candidates. 
Sec. 104. Transition rule for current election cycle. 
TITLE II—INDEPENDENT EXPENDITURES; COORDINATED 
POLITICAL PARTY EXPENDITURES 
Sec. 201. Reporting requirements for independent expenditures. 
Sec. 202. Limit on expenditures by political party committees. 
Sec. 203. Treatment of coordinated expenditures as contributions. 
TITLE III—VOTER INFORMATION 
Sec. 301. Free broadcast time. 
Sec. 302. Broadcast rates and preemption. 
Sec. 303. Limit on Congressional use of the franking privilege. 
TITLE IV—RESTRUCTURING AND STRENGTHENING OF THE 
FEDERAL ELECTION COMMISSION 
Sec. 401. Appointment and terms of Commissioners. 
Sec. 402. Audits. 
Sec. 403. Authority to seek injunction. 
Sec. 404. Standard for investigation. 
Sec. 405. Petition for certiorari. 
Sec. 406. Expedited procedures. 
Sec. 407. Promoting expedited availability of FEC reports. 
Sec. 408. Power to issue subpoena without signature of Chairperson. 
TITLE V—MISCELLANEOUS PROVISIONS 
Sec. 501. Severability. 
Sec. 502. Review of constitutional issues. 
Sec. 503. Effective date.
TITLE I—CLEAN MONEY FINANC-
ING 
OF 
HOUSE 
ELECTION 
CAMPAIGNS 
SEC. 101. FINDINGS AND DECLARATIONS. 
(a) UNDERMINING OF DEMOCRACY BY CAMPAIGN 
CONTRIBUTIONS FROM PRIVATE SOURCES.—The Con-
gress finds and declares that the current system of pri-
vately financed campaigns for election to the House of 
Representatives has the capacity, and is often perceived 
by the public, to undermine democracy in the United 
States by—
(1) violating the democratic principle of ‘‘one 
person, one vote’’ and diminishing the meaning of 
the right to vote by allowing monied interests to 
have a disproportionate and unfair influence within 
the political process; 
(2) diminishing or giving the appearance of di-
minishing 
a 
Member 
of 
the 
House 
of 
Representatives’s accountability to constituents by 
compelling legislators to be accountable to the major 
contributors who finance their election campaigns; 
(3) creating a conflict of interest, perceived or 
real, by encouraging Members to take money from 
private interests that are directly affected by Federal 
legislation;
(4) imposing large, unwarranted costs on tax-
payers through legislative and regulatory outcomes 
shaped by unequal access to lawmakers for cam-
paign contributors; 
(5) driving up the cost of election campaigns, 
making it difficult for qualified candidates without 
personal fortunes or access to campaign contribu-
tions from monied individuals and interest groups to 
mount competitive House of Representatives election 
campaigns; 
(6) disadvantaging challengers, because large 
campaign contributors tend to give their money to 
incumbent Members, thus causing House of Rep-
resentatives elections to be less competitive; and 
(7) burdening incumbents with a preoccupation 
with fundraising and thus decreasing the time avail-
able to carry out their public responsibilities. 
(b) ENHANCEMENT OF DEMOCRACY BY PROVIDING 
CLEAN MONEY.—Congress finds and declares that pro-
viding the option of the replacement of private campaign 
contributions with clean money financing for all primary, 
runoff, and general elections to the House of Representa-
tives would enhance American democracy by—
(1) helping to eliminate access to wealth as a 
determinant of a citizen’s influence within the polit-
ical process and to restore meaning to the principle 
of ‘‘one person, one vote’’; 
(2) increasing the public’s confidence in the ac-
countability of Members to the constituents who 
elect them; 
(3) eliminating the potentially inherent conflict 
of interest caused by the private financing of the 
election campaigns of public officials, thus restoring 
public confidence in the fairness of the electoral and 
legislative processes; 
(4) reversing the escalating cost of elections 
and saving taxpayers billions of dollars that are (or 
that are perceived to be) currently misspent due to 
legislative and regulatory agendas skewed by the in-
fluence of contributions; 
(5) creating a more level playing field for in-
cumbents and challengers, creating genuine opportu-
nities for all Americans to run for the House of Rep-
resentatives, and encouraging more competitive elec-
tions; and
(6) freeing Members from the constant pre-
occupation with raising money, and allowing them 
more time to carry out their public responsibilities.
SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF 
CLEAN MONEY FINANCING OF HOUSE ELEC-
TION CAMPAIGNS. 
The Federal Election Campaign Act of 1971 (2 
U.S.C. 431 et seq.) is amended by adding at the end the 
following: 
‘‘TITLE 
V—CLEAN 
MONEY 
FI-
NANCING OF HOUSE ELEC-
TION CAMPAIGNS 
‘‘SEC. 501. DEFINITIONS. 
‘‘In this title: 
‘‘(1) ALLOWABLE
CONTRIBUTION.—The term 
‘allowable contribution’ means a qualifying contribu-
tion or seed money contribution. 
‘‘(2) CLEAN MONEY.—The term ‘clean money’ 
means funds that are made available by the Com-
mission to a clean money candidate under this title. 
‘‘(3) CLEAN
MONEY
CANDIDATE.—The term 
‘clean money candidate’ means a candidate for Mem-
ber of or Delegate or Resident Commissioner to the 
Congress who is certified under section 505 as being 
eligible to receive clean money. 
‘‘(4) CLEAN MONEY QUALIFYING PERIOD.—The 
term ‘clean money qualifying period’ means the pe-
riod beginning on the date that is 180 days before 
the date of the primary election and ending on the
date that is 30 days before the date of the general 
election. In the event of a special election, the clean 
money qualifying period shall begin on the earlier 
date of either the date that is 180 days before the 
date of the special election or on the date of an-
nouncement of such special election date if same as 
within 180 days of the date of the special election. 
It shall end on the date that is 30 days before the 
date of the special election. 
‘‘(5) GENERAL ELECTION PERIOD.—The term 
‘general election period’ means, with respect to a 
candidate, the period beginning on the day after the 
date of the primary or primary runoff election for 
the specific office that the candidate is seeking, 
whichever is later, and ending on the earlier of—
‘‘(A) the date of the general election; or 
‘‘(B) the date on which the candidate with-
draws from the campaign or otherwise ceases 
actively to seek election. 
‘‘(6) GENERAL RUNOFF ELECTION PERIOD.—
The term ‘general runoff election period’ means, 
with respect to a candidate, the period beginning on 
the day following the date of the last general election 
for the specific office that the candidate is seeking
and ending on the date of the runoff election for 
that office. 
‘‘(7) HOUSE OF REPRESENTATIVES ELECTION 
FUND.—The term ‘House of Representatives Elec-
tion Fund’ means the fund established by section 
507(a). 
‘‘(8) IMMEDIATE
FAMILY.—The term ‘imme-
diate family’ means—
‘‘(A) a candidate’s spouse; 
‘‘(B) a child, stepchild, parent, grand-
parent, brother, half-brother, sister, or half-sis-
ter of the candidate or the candidate’s spouse; 
and 
‘‘(C) the spouse of any person described in 
subparagraph (B). 
‘‘(9) MAJOR
PARTY
CANDIDATE.—The term 
‘major party candidate’ means a candidate of a po-
litical party of which a candidate for Member of or 
Delegate or Resident Commissioner to the Congress, 
for President, or for Governor in the preceding 5 
years received, as a candidate of that party, 25 per-
cent or more of the total number of popular votes 
received in the State (or Congressional district, if 
applicable) by all candidates for the same office.
‘‘(10) PERSONAL FUNDS.—The term ‘personal 
funds’ means an amount that is derived from—
‘‘(A) the personal funds of the candidate 
or a member of the candidate’s immediate fam-
ily; and 
‘‘(B) proceeds of indebtedness incurred by 
the candidate or a member of the candidate’s 
immediate family. 
‘‘(11) PERSONAL USE.—
‘‘(A) IN
GENERAL—The term ‘personal 
use’ means the use of funds to fulfill a commit-
ment, obligation, or expense of a person that 
would exist irrespective of the candidate’s elec-
tion campaign or individual’s duties as a holder 
of Federal office. 
‘‘(B) INCLUSIONS.—The term ‘personal 
use’ includes, but is not limited to—
‘‘(i) a home mortgage, rent, or utility 
payment; 
‘‘(ii) a clothing purchase; 
‘‘(iii) a noncampaign-related auto-
mobile expense; 
‘‘(iv) a country club membership; 
‘‘(v) a vacation or other noncampaign-
related trip;
‘‘(vi) a household food item; 
‘‘(vii) a tuition payment; 
‘‘(viii) admission to a sporting event, 
concert, theater, or other form of enter-
tainment not associated with an election 
campaign; and 
‘‘(ix) dues, fees, and other payments 
to a health club or recreational facility. 
‘‘(12) PRIMARY ELECTION PERIOD.—The term 
‘primary election period’ means the period beginning 
on the date that is 90 days before the date of the 
primary election and ending on the date of the pri-
mary election. In the event of a special primary elec-
tion, if applicable, the term ‘primary election period’ 
means the period beginning on the date that is the 
longer of 90 days before the date of such special pri-
mary election, or the date of establishment by the 
appropriate election authority of the special primary 
election date and ending on the date of the special 
primary election. 
‘‘(13) PRIMARY RUNOFF ELECTION PERIOD.—
The term ‘primary runoff election period’ means, 
with respect to a candidate, the period beginning on
the day following the date of the last primary elec-
tion for the specific office that the candidate is seek-
ing and ending on the date of the runoff election 
for that office. 
‘‘(14) PRIVATE MONEY CANDIDATE.—The term 
‘private money candidate’ means a candidate for 
Member of or Delegate or Resident Commissioner to 
the Congress other than a clean money candidate. 
‘‘(15) QUALIFYING CONTRIBUTION.—The term 
‘qualifying contribution’ means a contribution that—
‘‘(A) is in the amount of $5 exactly; 
‘‘(B) is made by an individual who is a 
resident of the candidate’s State and is other-
wise authorized to make a contribution under 
this Act; 
‘‘(C) is made during the clean money 
qualifying period; and 
‘‘(D) meets the requirements of section 
502(a)(2)(D). 
‘‘(16) SEED MONEY CONTRIBUTION.—The term 
‘seed money contribution’ means a contribution (or 
contributions in the aggregate made by any 1 per-
son) of not more than $100. 
‘‘(17) STATE.—The term ‘State’ includes the 
District of Columbia, Puerto Rico, the Virgin Is-
lands, American Samoa, and Guam.
‘‘SEC. 502. ELIGIBILITY FOR CLEAN MONEY. 
‘‘(a) PRIMARY ELECTION PERIOD
AND PRIMARY 
RUNOFF ELECTION PERIOD.—
‘‘(1) IN GENERAL.—A candidate qualifies as a 
clean money candidate during the primary election 
period and primary runoff election period if the can-
didate files with the Commission a declaration, 
signed by the candidate and the treasurer of the 
candidate’s principal campaign committee, that the 
candidate—
‘‘(A) has complied and will comply with all 
of the requirements of this title; 
‘‘(B) will not run in the general election as 
a private money candidate; and 
‘‘(C) meets the qualifying contribution re-
quirement of paragraph (2). 
‘‘(2) QUALIFYING
CONTRIBUTION
REQUIRE-
MENT.—
‘‘(A) MAJOR PARTY CANDIDATES AND CER-
TAIN
INDEPENDENT
CANDIDATES.—The re-
quirement of this paragraph is met if, during 
the clean money qualifying period, a major 
party candidate (or an independent candidate 
who meets the minimum vote percentage re-
quired for a major party candidate under sec-
tion 501(9)) receives 1,500 qualifying contribu-
tions. 
‘‘(B) OTHER CANDIDATES.—The require-
ment of this paragraph is met if, during the 
clean money qualifying period, a candidate who 
is not described in subparagraph (A) receives a 
number of qualifying contributions that is at 
least 150 percent of the number of qualifying 
contributions that a candidate described in sub-
paragraph (A) in the same election is required 
to receive under subparagraph (A). 
‘‘(C) RECEIPT OF QUALIFYING CONTRIBU-
TION.—A qualifying contribution shall—
‘‘(i) be accompanied by the contribu-
tor’s name and home address; 
‘‘(ii) be accompanied by a signed 
statement that the contributor understands 
the purpose of the qualifying contribution; 
‘‘(iii) be made by a personal check or 
money order payable to the House of Rep-
resentatives Election Fund or by cash; and 
‘‘(iv) be acknowledged by a receipt 
that is sent to the contributor with a copy 
kept by the candidate for the Commission 
and a copy kept by the candidate for the
election authorities in the candidate’s 
State. 
‘‘(D) DEPOSIT OF QUALIFYING CONTRIBU-
TIONS IN HOUSE OF REPRESENTATIVES ELEC-
TION FUND.—
‘‘(i) IN GENERAL.—Not later than the 
date that is 1 day after the date on which 
the candidate is certified under section 
505, a candidate shall remit all qualifying 
contributions to the Commission for de-
posit in the House of Representatives Elec-
tion Fund. 
‘‘(ii) CANDIDATES
THAT
ARE
NOT 
CERTIFIED.—Not later than the last day of 
the clean money qualifying period, a can-
didate who has received qualifying con-
tributions and is not certified under section 
505 shall remit all qualifying contributions 
to the Commission for deposit in the 
House of Representatives Election Fund. 
‘‘(3) TIME TO FILE DECLARATION.—A declara-
tion under paragraph (1) shall be filed by a can-
didate not later than the date that is 30 days before 
the date of the primary election. With respect to any 
special primary election, a declaration under para-
graph (1) shall be filed by a candidate not later than 
the date that is 30 days before the special primary 
election. 
‘‘(b) GENERAL ELECTION PERIOD.—
‘‘(1) IN GENERAL.—A candidate qualifies as a 
clean money candidate during the general election 
period if—
‘‘(A)(i) the candidate qualified as a clean 
money candidate during the primary election 
period (and primary runoff election period, if 
applicable); or 
‘‘(ii) the candidate files with the Commis-
sion a declaration, signed by the candidate and 
the treasurer of the candidate’s principal com-
mittee, that the candidate—
‘‘(I) has complied and will comply 
with all the requirements of this title; and 
‘‘(II) meets the qualifying contribu-
tion requirement of subsection (a)(2);
‘‘(B) the candidate files with the Commis-
sion a written agreement between the candidate 
and the candidate’s political party in which the 
political party agrees not to make any expendi-
tures in connection with the general election of
the candidate in excess of the limit in section 
315(d)(3)(C); and 
‘‘(C) the candidate’s party nominated the 
candidate to be placed on the ballot for the gen-
eral election or the candidate qualified to be 
placed on the ballot as an independent can-
didate, and the candidate is qualified under 
State law to be on the ballot. 
‘‘(2) TIME TO FILE DECLARATION OR STATE-
MENT.—A declaration or statement required to be 
filed under paragraph (1) shall be filed by a can-
didate not later than the date that is 30 days before 
the date of the general election. With respect to any 
special general election, a declaration or statement 
required to be filed under paragraph (1) shall be 
filed by a candidate not later than the date that is 
30 days before the date of the special general elec-
tion. 
‘‘(c) GENERAL RUNOFF ELECTION PERIOD.—A can-
didate qualifies as a clean money candidate during the 
general runoff election period if the candidate qualified as 
a clean money candidate during the general election pe-
riod.
(b) PRIVATE FUNDS.—A candidate may be certified 
as a clean money candidate only if any private funds ac-
cepted and not expended before the date of enactment of 
this Act are—
(1) returned to the contributor; or 
(2) submitted to the Federal Election Commis-
sion for deposit in the House of Representatives 
Election Fund (as defined in section 501 of the Fed-
eral Election Campaign Act of 1971, as added by 
section 102). 
TITLE 
II—INDEPENDENT 
EX-
PENDITURES; COORDINATED 
POLITICAL PARTY EXPENDI-
TURES 
SEC. 201. REPORTING REQUIREMENTS FOR INDEPENDENT 
EXPENDITURES. 
Section 304(c) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 434(c)) is amended—
(1) by striking ‘‘(c)(1) Every person’’ and in-
serting the following: 
‘‘(c) INDEPENDENT EXPENDITURES.—
‘‘(1) IN GENERAL.—
‘‘(A) REQUIRED FILING.—Except as pro-
vided in paragraph (2), every person’’;