‘‘(d) USE OF FUND.— 
‘‘(1) IN
GENERAL.—The sums in the Fund 
shall be used to provide benefits to participating 
candidates as provided in subtitle A. 
‘‘(2) INSUFFICIENT AMOUNTS.—Under regula-
tions established by the Commission, rules similar to 
the rules of section 9006(c) of the Internal Revenue 
Code of 1986 shall apply. 
‘‘SEC. 532. FAIR ELECTIONS OVERSIGHT BOARD. 
‘‘(a) ESTABLISHMENT.—There is established within 
the Federal Election Commission an entity to be known 
as the ‘Fair Elections Oversight Board’. 
‘‘(b) STRUCTURE AND MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Board shall be com-
posed of 5 members appointed by the President, of 
whom— 
‘‘(A) 2 shall be appointed after consulta-
tion with the Majority Leader of the House of 
Representatives; 
‘‘(B) 2 shall be appointed after consulta-
tion with the Minority Leader of the House of 
Representatives; and 
‘‘(C) 1 shall be appointed upon the rec-
ommendation of the members appointed under 
subparagraphs (A) and (B). 
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‘‘(2) QUALIFICATIONS.— 
‘‘(A) IN GENERAL.—The members shall be 
individuals who are nonpartisan and, by reason 
of their education, experience, and attainments, 
exceptionally qualified to perform the duties of 
members of the Board. 
‘‘(B) PROHIBITION.—No member of the 
Board may be— 
‘‘(i) an employee of the Federal gov-
ernment; 
‘‘(ii) a registered lobbyist or an indi-
vidual who was a registered lobbyist at any 
time during the 2-year period preceding 
appointment to the Board; or 
‘‘(iii) an officer or employee of a polit-
ical party or political campaign. 
‘‘(3) DATE.—Members of the Board shall be 
appointed not later than 60 days after the date of 
the enactment of this Act. 
‘‘(4) TERMS.—A member of the Board shall be 
appointed for a term of 5 years. 
‘‘(5) VACANCIES.—A vacancy on the Board 
shall be filled not later than 30 calendar days after 
the date on which the Board is given notice of the 
vacancy, in the same manner as the original ap-
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pointment. The individual appointed to fill the va-
cancy shall serve only for the unexpired portion of 
the term for which the individual’s predecessor was 
appointed. 
‘‘(6) CHAIRPERSON.—The Board shall des-
ignate a Chairperson from among the members of 
the Board. 
‘‘(c) DUTIES AND POWERS.— 
‘‘(1) ADMINISTRATION.—The Board shall have 
such duties and powers as the Commission may pre-
scribe, including the power to administer the provi-
sions of this title. 
‘‘(2) REVIEW
OF
FAIR
ELECTIONS
FINANC-
ING.— 
‘‘(A) IN GENERAL.—After each regularly 
scheduled general election for Federal office, 
the Board shall conduct a comprehensive review 
of the Fair Elections financing program under 
this title, including— 
‘‘(i) the maximum dollar amount of 
qualified small dollar contributions under 
section 503(f); 
‘‘(ii) the maximum and minimum dol-
lar amounts for qualifying contributions 
under section 512(d); 
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‘‘(iii) the number and value of quali-
fying contributions a candidate is required 
to obtain under section 512(a) to be eligi-
ble for certification as a participating can-
didate; 
‘‘(iv) the amount of allocations that 
candidates may receive under section 502; 
‘‘(v) the maximum amount of pay-
ments a candidate may receive under sec-
tion 503; 
‘‘(vi) the overall satisfaction of partici-
pating candidates and the American public 
with the program; and 
‘‘(vii) such other matters relating to 
financing of House of Representatives 
campaigns as the Board determines are 
appropriate. 
‘‘(B) CRITERIA
FOR
REVIEW.—In con-
ducting the review under subparagraph (A), the 
Board shall consider the following: 
‘‘(i) 
QUALIFYING
CONTRIBUTIONS 
AND
QUALIFIED
SMALL
DOLLAR
CON-
TRIBUTIONS.—The Board shall consider 
whether the number and dollar amount of 
qualifying contributions required and max-
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imum dollar amount for such qualifying 
contributions and qualified small dollar 
contributions strikes a balance regarding 
the importance of voter involvement, the 
need to assure adequate incentives for par-
ticipating, and fiscal responsibility, taking 
into consideration the number of primary 
and general election participating can-
didates, the electoral performance of those 
candidates, program cost, and any other 
information the Board determines is ap-
propriate. 
‘‘(ii) REVIEW
OF
PROGRAM
BENE-
FITS.—The Board shall consider whether 
the totality of the amount of funds allowed 
to be raised by participating candidates 
(including through qualifying contributions 
and small dollar contributions), allocations 
under section 502, and payments under 
section 503 are sufficient for voters in each 
State to learn about the candidates to cast 
an informed vote, taking into account the 
historic amount of spending by winning 
candidates, media costs, primary election 
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dates, and any other information the 
Board determines is appropriate. 
‘‘(C) ADJUSTMENT OF AMOUNTS.— 
‘‘(i) IN GENERAL.—Based on the re-
view conducted under subparagraph (A), 
the Board shall provide for the adjust-
ments of the following amounts: 
‘‘(I) the maximum dollar amount 
of qualified small dollar contributions 
under section 503(f); 
‘‘(II) the maximum and min-
imum dollar amounts for qualifying 
contributions under section 512(d); 
‘‘(III) the number and value of 
qualifying contributions a candidate is 
required to obtain under section 
512(a) to be eligible for certification 
as a participating candidate; 
‘‘(IV) the base amount for can-
didates under section 502(b); and 
‘‘(V) the maximum amount of 
matching contributions a candidate 
may receive under section 503(b). 
‘‘(ii) REGULATIONS.—The Commis-
sion shall promulgate regulations providing 
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for the adjustments made by the Board 
under clause (i). 
‘‘(D) REPORT.—Not later than March 30 
following any general election for Federal office, 
the Board shall submit a report to Congress on 
the review conducted under paragraph (1). 
Such report shall contain a detailed statement 
of the findings, conclusions, and recommenda-
tions of the Board based on such review. 
‘‘(d) MEETINGS AND HEARINGS.— 
‘‘(1) MEETINGS.—The Board may hold such 
hearings, sit and act at such times and places, take 
such testimony, and receive such evidence as the 
Board considers advisable to carry out the purposes 
of this Act. 
‘‘(2) QUORUM.—Three members of the Board 
shall constitute a quorum for purposes of voting, but 
a quorum is not required for members to meet and 
hold hearings. 
‘‘(e) REPORTS.—Not later than March 30, 2011, and 
every 2 years thereafter, the Board shall submit to the 
Committee on House Administration of the House of Rep-
resentatives a report documenting, evaluating, and making 
recommendations relating to the administrative implemen-
tation and enforcement of the provisions of this title. 
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‘‘(f) ADMINISTRATION.— 
‘‘(1) COMPENSATION OF MEMBERS.— 
‘‘(A) IN GENERAL.—Each member, other 
than the Chairperson, shall be paid at a rate 
equal to the daily equivalent of the minimum 
annual rate of basic pay prescribed for level IV 
of the Executive Schedule under section 5315 
of title 5, United States Code. 
‘‘(B) 
CHAIRPERSON.—The 
Chairperson 
shall be paid at a rate equal to the daily equiva-
lent of the minimum annual rate of basic pay 
prescribed for level III of the Executive Sched-
ule under section 5314 of title 5, United States 
Code. 
‘‘(2) PERSONNEL.— 
‘‘(A) DIRECTOR.—The Board shall have a 
staff headed by an Executive Director. The Ex-
ecutive Director shall be paid at a rate equiva-
lent to a rate established for the Senior Execu-
tive Service under section 5382 of title 5, 
United States Code. 
‘‘(B) STAFF APPOINTMENT.—With the ap-
proval of the Chairperson, the Executive Direc-
tor may appoint such personnel as the Execu-
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tive Director and the Board determines to be 
appropriate. 
‘‘(C) EXPERTS AND CONSULTANTS.—With 
the approval of the Chairperson, the Executive 
Director may procure temporary and intermit-
tent services under section 3109(b) of title 5, 
United States Code. 
‘‘(D) DETAIL OF GOVERNMENT EMPLOY-
EES.—Upon the request of the Chairperson, the 
head of any Federal agency may detail, without 
reimbursement, any of the personnel of such 
agency to the Board to assist in carrying out 
the duties of the Board. Any such detail shall 
not interrupt or otherwise affect the civil service 
status or privileges of the Federal employee. 
‘‘(E) OTHER
RESOURCES.—The Board 
shall have reasonable access to materials, re-
sources, statistical data, and other information 
from the Library of Congress and other agen-
cies of the executive and legislative branches of 
the Federal Government. The Chairperson of 
the Board shall make requests for such access 
in writing when necessary. 
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‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out the purposes of this subtitle. 
‘‘SEC. 533. ADMINISTRATION BY COMMISSION. 
‘‘The Commission shall prescribe regulations to carry 
out the purposes of this title, including regulations— 
‘‘(1) to establish procedures for— 
‘‘(A) verifying the amount of valid quali-
fying contributions with respect to a candidate; 
‘‘(B) effectively and efficiently monitoring 
and enforcing the limits on the raising of quali-
fied small dollar contributions; 
‘‘(C) effectively and efficiently monitoring 
and enforcing the limits on the use of personal 
funds by participating candidates; and 
‘‘(D) monitoring the use of allocations 
from the Fair Elections Fund established under 
section 531 and matching contributions under 
this title through audits of not fewer than 1⁄3 of 
all participating candidates or other mecha-
nisms; and 
‘‘(2) regarding the conduct of debates in a man-
ner consistent with the best practices of States that 
provide public financing for elections. 
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‘‘SEC. 534. VIOLATIONS AND PENALTIES. 
‘‘(a) CIVIL PENALTY FOR VIOLATION OF CONTRIBU-
TION
AND EXPENDITURE REQUIREMENTS.—If a can-
didate who has been certified as a participating candidate 
accepts a contribution or makes an expenditure that is 
prohibited under section 521, the Commission shall assess 
a civil penalty against the candidate in an amount that 
is not more than 3 times the amount of the contribution 
or expenditure. Any amounts collected under this sub-
section shall be deposited into the Fair Elections Fund 
established under section 531. 
‘‘(b) REPAYMENT
FOR IMPROPER USE
OF FAIR 
ELECTIONS FUND.— 
‘‘(1) IN GENERAL.—If the Commission deter-
mines that any benefit made available to a partici-
pating candidate was not used as provided for in 
this title or that a participating candidate has vio-
lated any of the dates for remission of funds con-
tained in this title, the Commission shall so notify 
the candidate and the candidate shall pay to the 
Fund an amount equal to— 
‘‘(A) the amount of benefits so used or not 
remitted, as appropriate; and 
‘‘(B) interest on any such amounts (at a 
rate determined by the Commission). 
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‘‘(2) OTHER
ACTION
NOT
PRECLUDED.—Any 
action by the Commission in accordance with this 
subsection shall not preclude enforcement pro-
ceedings by the Commission in accordance with sec-
tion 309(a), including a referral by the Commission 
to the Attorney General in the case of an apparent 
knowing and willful violation of this title. 
‘‘SEC. 535. ELECTION CYCLE DEFINED. 
‘‘In this title, the term ‘election cycle’ means, with 
respect to an election for the office of Representative in, 
or Delegate or Resident Commissioner to, the Congress, 
the period beginning on the day after the date of the most 
recent general election for that office (or, if the general 
election resulted in a runoff election, the date of the runoff 
election) and ending on the date of the next general elec-
tion for that office (or, if the general election resulted in 
a runoff election, the date of the runoff election).’’. 
SEC. 102. TRANSFER OF PORTION OF CIVIL MONEY PEN-
ALTIES INTO FAIR ELECTIONS FUND. 
Section 309(a) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 437g(a)) is amended by adding at the 
end the following new paragraph: 
‘‘(13) Upon receipt in the General Fund of the Treas-
ury of any payment attributable to a civil money penalty 
imposed under this subsection, there shall be transferred 
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to the Fair Elections Fund established under section 531 
an amount equal to 50 percent of the amount of such pay-
ment.’’. 
SEC. 103. PROHIBITING USE OF CONTRIBUTIONS BY PAR-
TICIPATING 
CANDIDATES 
FOR 
PURPOSES 
OTHER THAN CAMPAIGN FOR ELECTION. 
Section 313 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 439a) is amended by adding at the end 
the following new subsection: 
‘‘(d) RESTRICTIONS ON PERMITTED USES OF FUNDS 
BY CANDIDATES RECEIVING FAIR ELECTIONS FINANC-
ING.—Notwithstanding paragraphs (2), (3), or (4) of sub-
section (a), if a candidate for election for the office of Rep-
resentative in, or Delegate or Resident Commissioner to, 
the Congress is certified as a participating candidate 
under title V with respect to the election, any contribution 
which the candidate is permitted to accept under such title 
may be used only for authorized expenditures in connec-
tion with the candidate’s campaign for such office.’’. 
SEC. 104. PROHIBITION ON JOINT FUNDRAISING COMMIT-
TEES. 
Section 302(e) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 432(e)) is amended by adding at the 
end the following new paragraph: 
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‘‘(6) No authorized committee of a candidate 
may establish a joint fundraising committee with a 
political committee other than an authorized com-
mittee of a candidate.’’. 
SEC. 105. LIMITATION ON COORDINATED EXPENDITURES 
BY POLITICAL PARTY COMMITTEES WITH 
PARTICIPATING CANDIDATES. 
(a) IN GENERAL.—Section 315(d)(3) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 441a(d)) is 
amended— 
(1) by redesignating subparagraphs (A) and 
(B) as subparagraphs (B) and (C), respectively; and 
(2) by inserting before subparagraph (B), as re-
designated by paragraph (1), the following new sub-
paragraph: 
‘‘(A) in the case of a candidate for election 
to the office of Representative in, or Delegate 
or Resident Commissioner to, the Congress who 
is certified as a participating candidate under 
title V, the lesser of— 
‘‘(i) 10 percent of the allocation that 
the participating candidate is eligible to re-
ceive for the general election under section 
502(a); or 
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‘‘(ii) the amount which would (but for 
this subparagraph) apply with respect to 
such candidate under subparagraph (B);’’. 
(b) CONFORMING AMENDMENT.—Section 315(d)(3) 
of such Act (2 U.S.C. 441a(d)(3)) is amended— 
(1) in subparagraph (B) (as redesignated by 
subsection (a)), by inserting ‘‘who is not certified as 
a participating candidate under title V’’ after ‘‘only 
one Representative’’; and 
(2) in subparagraph (C) (as redesignated by 
subsection (a)), by inserting ‘‘who is not certified as 
a participating candidate under title V’’ after ‘‘any 
other State’’. 
SEC. 106. DEPOSIT OF PROCEEDS FROM RECOVERED SPEC-
TRUM AUCTIONS. 
Section 309(j)(8)(E)(ii) of the Communications Act 
of 1934 (47 U.S.C. 309(j)(8)(E)(ii)) is amended— 
(1) by striking ‘‘deposited in’’ and inserting the 
following: ‘‘deposited as follows: 
‘‘(I) 90 percent of such proceeds 
deposited in’’; and 
(2) by adding at the end the following: 
‘‘(II) 10 percent of such proceeds 
deposited in the Fair Elections Fund 
established under section 531 of the 
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Federal Election Campaign Act of 
1971.’’. 
TITLE II—RESPONSIBILITIES OF 
THE 
FEDERAL 
ELECTION 
COMMISSION 
SEC. 201. PETITION FOR CERTIORARI. 
Section 307(a)(6) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 437d(a)(6)) is amended by insert-
ing ‘‘(including a proceeding before the Supreme Court on 
certiorari)’’ after ‘‘appeal’’. 
SEC. 202. FILING BY ALL CANDIDATES WITH COMMISSION. 
Section 302(g) of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 432(g)) is amended to read as follows: 
‘‘(g) FILING WITH THE COMMISSION.—All des-
ignations, statements, and reports required to be 
filed under this Act shall be filed with the Commis-
sion.’’. 
SEC. 203. ELECTRONIC FILING OF FEC REPORTS. 
Section 304(a)(11) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 434(a)(11)) is amended— 
(1) in subparagraph (A), by striking ‘‘under 
this Act—’’ and all that follows and inserting 
‘‘under this Act shall be required to maintain and 
file such designation, statement, or report in elec-
tronic form accessible by computers.’’; 
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(2) in subparagraph (B), by striking ‘‘48 
hours’’ and all that follows through ‘‘filed electroni-
cally)’’ and inserting ‘‘24 hours’’; and 
(3) by striking subparagraph (D). 
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. SEVERABILITY. 
If any provision of this Act or amendment made by 
this Act, or the application of a provision or amendment 
to any person or circumstance, is held to be unconstitu-
tional, the remainder of this Act and amendments made 
by this Act, and the application of the provisions and 
amendment to any person or circumstance, shall not be 
affected by the holding. 
SEC. 302. EFFECTIVE DATE. 
Except as otherwise provided for in this Act, this Act 
and the amendments made by this Act shall take effect 
on January 1, 2011. 
Æ 
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