		I
		111th CONGRESS
		1st Session
		H. R. 2056
		IN THE HOUSE OF REPRESENTATIVES

			April 22, 2009
			Mr. Tierney (for
			 himself and Mr. Platts) introduced the
			 following bill; which was referred to the Committee on House Administration, and in
			 addition to the Committees on Energy and
			 Commerce, Ways and
			 Means, and Oversight 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 concerned

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

		1.Short title; table of
			 contents
			(a)Short
			 TitleThis Act may be cited as the Clean
			 Money, Clean Elections Act of 2009.
			(b)Table of
			 contentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Title I—Clean Election financing of House election
				campaigns
					Subtitle A—Clean Election financing program
					Sec. 101. Findings and declarations.
					Sec. 102. Eligibility requirements and benefits of clean
				elections financing of House election campaigns.
						Title V—Clean Elections financing of House election
				  campaigns
						Sec. 501. Definitions.
						Sec. 502. House Clean Elections Fund.
						Sec. 503. Eligibility for allocations from the
				  Fund.
						Sec. 504. Seed money contribution requirement.
						Sec. 505. Qualifying contribution requirement.
						Sec. 506. Contribution and expenditure
				  requirements.
						Sec. 507. Certification by Commission.
						Sec. 508. Benefits for participating candidates.
						Sec. 509. Allocations from the Fund.
						Sec. 510. Payment of fair fight funds.
						Sec. 511. Administration of the House clean elections
				  system.
						Sec. 512. Violations and penalties.
						Sec. 513. Authorization of
				  appropriations.
					Sec. 103. Reporting requirements for nonparticipating
				candidates.
					Sec. 104. Modification of electioneering communication
				reporting requirements.
					Sec. 105. Limitation on coordinated expenditures by political
				party committees with participating candidates.
					Sec. 106. Treatment of coordinated expenditures as
				contributions.
					Sec. 107. Audits.
					Sec. 108. Tax credit for voluntary donations to House Clean
				Elections Fund.
					Subtitle B—Clean Elections Review Commission
					Sec. 111. Establishment of Commission.
					Sec. 112. Structure and membership of the
				Commission.
					Sec. 113. Powers of the Commission.
					Sec. 114. Administration.
					Sec. 115. Authorization of appropriations.
					Title II—Voter information
					Sec. 201. Free broadcast time.
					Sec. 202. Broadcast rates and preemption.
					Sec. 203. Limit on Congressional use of the franking
				privilege.
					Title III—Responsibilities of the Federal Election
				Commission
					Sec. 301. Petition for certiorari.
					Sec. 302. Promoting expedited availability of FEC
				reports.
					Title IV—Miscellaneous provisions
					Sec. 401. Severability.
					Sec. 402. Review of constitutional issues.
					Sec. 403. Effective date.

			IClean
			 Election financing of House election campaigns
			AClean Election
			 financing program
				101.Findings and
			 declarations
					(a)Undermining of
			 democracy by campaign contributions from private sourcesThe House finds and declares that the
			 current system of privately financed campaigns for election to the United
			 States House has the capacity, and is often perceived by the public, to
			 undermine democracy in the United States by—
						(1)creating a
			 conflict of interest, perceived or real, by encouraging Representatives to
			 accept large campaign contributions from private interests that are directly
			 affected by Federal legislation;
						(2)diminishing or
			 giving the appearance of diminishing a Representative's accountability to
			 constituents by compelling legislators to be accountable to the major
			 contributors who finance their election campaigns;
						(3)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;
						(4)imposing large,
			 unwarranted costs on taxpayers through legislative and regulatory outcomes
			 shaped by unequal access to lawmakers for campaign contributors;
						(5)driving up the
			 cost of election campaigns, making it difficult for qualified candidates
			 without personal wealth or access to campaign contributions from monied
			 individuals and interest groups to mount competitive House election
			 campaigns;
						(6)disadvantaging
			 challengers, because large campaign contributors tend to donate their money to
			 incumbent Representatives, thus causing House elections to be less competitive;
			 and
						(7)burdening
			 incumbents with a preoccupation with fundraising and thus decreasing the time
			 available to carry out their public responsibilities.
						(b)Enhancement of
			 democracy by providing allocations from the House Clean Elections
			 FundThe House finds and declares that providing the option of
			 the replacement of private campaign contributions with allocations from the
			 House Clean Elections Fund for all primary, runoff, and general elections to
			 the House would enhance American democracy by—
						(1)eliminating the
			 potentially inherent conflict of interest created by the private financing of
			 the election campaigns of public officials, thus restoring public confidence in
			 the integrity and fairness of the electoral and legislative processes;
						(2)increasing the
			 public’s confidence in the accountability of Representatives to the
			 constituents who elect them;
						(3)helping to
			 eliminate access to wealth as a determinant of a citizen’s influence within the
			 political process and to restore meaning to the principle of one person,
			 one vote;
						(4)reversing the
			 escalating cost of elections and saving taxpayers billions of dollars that are
			 (or that are perceived to be) currently allocated based upon legislative and
			 regulatory agendas skewed by the influence of campaign contributions;
						(5)creating a more
			 level playing field for incumbents and challengers by creating genuine
			 opportunities for all Americans to run for the House and by encouraging more
			 competitive elections; and
						(6)freeing
			 Representatives from the incessant preoccupation with raising money, and
			 allowing them more time to carry out their public responsibilities.
						102.Eligibility
			 requirements and benefits of Clean Elections financing of House election
			 campaignsThe
			 Federal Election Campaign Act of 1971
			 (2 U.S.C. 431 et seq.) is amended by adding at the end the following:

						VClean Elections
				financing of House election campaigns
							501.DefinitionsIn this title:
								(1)Allocation from
				the FundThe term allocation from the Fund means an
				allocation of money from the House Clean Elections Fund to a participating
				candidate pursuant to sections 510 and 511.
								(2)Clean elections
				qualifying periodThe term
				clean elections qualifying period means the period 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 primary election or, in the
				case of a State that does not hold a primary election, the date prescribed by
				State law as the last day to qualify for a position on the general election
				ballot. 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 announcement 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.
								(3)Clean elections
				start dateThe term clean elections start date
				means, with respect to any candidate, the date that is 180 days before—
									(A)the date of the
				primary election; or
									(B)in the case of a
				State that does not hold a primary election, the date prescribed by State law
				as the last day to qualify for a position on the general election
				ballot.
									(4)FundThe
				term Fund means the House Clean Elections Fund established by
				section 502.
								(5)General election
				periodThe 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 withdraws
				from the campaign or otherwise ceases actively to seek election.
									(6)General runoff
				election periodThe 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)Immediate
				familyThe term immediate family means, with respect
				to any candidate—
									(A)the candidate’s
				spouse;
									(B)a child,
				stepchild, parent, grandparent, brother, half-brother, sister, or half-sister
				of the candidate or the candidate’s spouse; and
									(C)the spouse of any
				person described in subparagraph (B).
									(8)Independent
				candidateThe term independent candidate means a
				candidate for Representative who is—
									(A)not affiliated
				with any political party; or
									(B)affiliated with a
				political party that—
										(i)in the case of a
				candidate in a State that holds a primary election for Representative, does not
				hold a primary election for Representative; or
										(ii)in the case of a
				candidate in a State that does not hold primary election for Representative,
				does not have ballot status in such State.
										(9)Major party
				candidate
									(A)In
				generalThe term major party candidate means a
				candidate for Representative who is affiliated with a major political
				party.
									(B)Major political
				partyThe term major political party means, with
				respect to any State, a political party of which a candidate for the office of
				Representative, President, or Governor in the preceding 5 years, received, as a
				candidate of that party in such State, 25 percent or more of the total number
				of popular votes cast for such office in such State.
									(10)Minor party
				candidateThe term minor party candidate means a
				candidate for Representative who is affiliated with a political party
				that—
									(A)holds a primary
				for House nominations; and
									(B)is not a major
				political party.
									(11)Nonparticipating
				candidateThe term nonparticipating candidate means
				a candidate for Representative or Delegate or Resident Commissioner to the
				Congress who is not a participating candidate.
								(12)Participating
				candidateThe term participating candidate means a
				candidate for Representative who is certified under section 507 as being
				eligible to receive an allocation from the Fund.
								(13)Primary
				election periodThe 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 primary election. In the event of a special primary election, if
				applicable, such term means the period beginning on the date that is the longer
				of 90 days before the date of such special primary 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.
								(14)Primary
				election runoff periodThe
				term primary election runoff period means, with respect to a
				candidate, the period beginning on the day following the date of the last
				primary election for the specific office that the candidate is seeking and
				ending on the date of the runoff election for that office.
								(15)Qualifying
				contributionThe term qualifying contribution means,
				with respect to a candidate, a contribution that—
									(A)is in the amount
				of $5 exactly;
									(B)is made by an
				individual who—
										(i)is
				a resident of the State with respect to which the candidate is seeking
				election; and
										(ii)is not prohibited
				from making a contribution under this Act;
										(C)is made during the
				clean elections qualifying period; and
									(D)meets the
				requirements of section 505(c).
									(16)RepresentativeThe
				term Representative includes a Delegate or Resident Commissioner
				to the Congress.
								(17)Seed money
				contributionThe term seed money contribution means
				a contribution or contributions by any 1 individual—
									(A)aggregating not
				more than $100; and
									(B)made to a
				candidate after the date of the most recent previous election for the office
				which the candidate is seeking and before the date the candidate has been
				certified as a participating candidate under section 507(a).
									(18)StateThe
				term State includes the District of Columbia, Puerto Rico, the
				Virgin Islands, American Samoa, and Guam.
								502.House Clean
				Elections Fund
								(a)EstablishmentThere
				is established in the Treasury a fund to be known as the House Clean
				Elections Fund.
								(b)DepositsThe Commission shall deposit unspent seed
				money contributions, qualifying contributions, penalty amounts received under
				this title, and amounts appropriated for clean money financing in the House
				Clean Elections Fund.
								(c)InvestmentThe
				Commission shall invest portions of the Fund in obligations of the United
				States in the same manner as provided under section 9602(b) of the Internal
				Revenue Code of 1986.
								(d)Use of
				Fund
									(1)In
				generalThe sums in the House Clean Elections Fund shall be used
				to make allocations to participating candidates in accordance with sections 510
				and 511.
									(2)Insufficient
				amountsUnder regulations established by the Commission, rules
				similar to the rules of section 9006(c) of the Internal Revenue Code shall
				apply.
									503.Eligibility for
				allocations from the Fund
								(a)In
				generalA candidate for Representative is eligible to receive an
				allocation from the Fund for any election if the candidate meets the following
				requirements:
									(1)The candidate
				files with the Commission a statement of intent to seek certification as a
				participating candidate under this title during the period beginning on the
				clean elections start date and ending on the last day of the clean elections
				qualifying period.
									(2)The candidate has
				complied with the seed money contribution requirements of section 504.
									(3)The candidate
				meets the qualifying contribution requirements of section 505.
									(4)Not later than the
				last day of the clean elections qualifying period, the candidate files with the
				Commission an affidavit signed by the candidate and the treasurer of the
				candidate's principal campaign committee declaring that the candidate—
										(A)has complied and,
				if certified, will comply with the contribution and expenditure requirements of
				section 506;
										(B)if certified, will
				not run as a nonparticipating candidate during such year in any election for
				the office that such candidate is seeking; and
										(C)has either
				qualified or will take steps to qualify under State law to be on the
				ballot.
										(b)General
				electionNotwithstanding subsection (a), a candidate shall not be
				eligible to receive an allocation from the Fund for a general election or a
				general run off election unless the candidate’s party nominated the candidate
				to be placed on the ballot for the general election or the candidate qualified
				to be placed on the ballot as an independent candidate, and the candidate is
				qualified under State law to be on the ballot.
								504.Seed money
				contribution requirementA
				candidate for Representative meets the seed money contribution requirements of
				this section if the candidate meets the following requirements:
								(1)Separate
				accountingThe candidate maintains seed money contributions in a
				separate account.
								(2)Limitation on
				amountThe candidate deposits into the House Clean Elections Fund
				or returns to donors an amount equal to the amount of any seed money
				contributions which, in the aggregate, exceed the sum of $50,000.
								(3)Use of seed
				moneyThe candidate makes expenditures from seed money
				contributions only for campaign-related costs.
								(4)RecordsThe
				candidate maintains a record of the name and street address of any contributor
				of a seed money contribution and the amount of any such contribution.
								(5)ReportUnless
				a seed money contribution or an expenditure made with a seed money contribution
				has been reported previously under section 304, the candidate files with the
				Commission a report disclosing all seed money contributions and expenditures
				not later than 48 hours after receiving notification of the determination with
				respect to the certification of the candidate under section 507.
								(6)Time to accept
				seed money contributionsA
				clean elections candidate may accept seed money contributions for an election
				from the day after the date of the previous general election for the office to
				which the candidate is seeking election through the earliest date on which the
				Commission makes funds available to the candidate for an election period under
				paragraph (1) or (2) of section 506(b).
								(7)Deposit of
				unspent seed money contributionsA clean elections candidate shall remit any
				unspent seed money to the Commission, for deposit in the House Clean Elections
				Fund, not later than the earliest date on which the Commission makes funds
				available to the candidate for an election period.
								505.Qualifying
				contribution requirement
								(a)Major Party
				Candidates and Certain Independent CandidatesThe requirement of this section is met if,
				during the clean money qualifying period, a major party candidate (or an
				independent candidate who meets the minimum vote percentage required for a
				major party candidate under section 501(9)) receives 1,500 qualifying
				contributions.
								(b)Other
				CandidatesThe requirement of
				this section is met if, during the clean money qualifying period, a candidate
				who is not described in subsection (a) receives a number of qualifying
				contributions that is at least 150 percent of the number of qualifying
				contributions that a candidate described in subsection (a) in the same election
				is required to receive under subsection (a).
								(c)Receipt of
				Qualifying ContributionA qualifying contribution shall—
									(1)be accompanied by
				the contributor’s name and home address;
									(2)be accompanied by
				a signed statement that the contributor understands the purpose of the
				qualifying contribution;
									(3)be made by a personal check, debit card,
				credit card, or money order payable to the House Clean Elections Fund or by
				cash; and
									(4)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 contributions in House Clean Elections Fund
									(1)In
				generalNot later than the
				date that is 1 day after the date on which the candidate is certified under
				section 507, a candidate shall remit all qualifying contributions to the
				Commission for deposit in the House Clean Elections Fund.
									(2)Candidates that
				are not certifiedNot later
				than the last day of the clean money qualifying period, a candidate who has
				received qualifying contributions and is not certified under section 507 shall
				remit all qualifying contributions to the Commission for deposit in the House
				Clean Elections Fund.
									(e)Verification of
				qualifying contributionsThe Commission shall establish
				procedures for the auditing and verification of qualifying contributions to
				ensure that such contributions meet the requirements of this section. Such
				procedures may provide for verification through the means of a postcard or
				other method, as determined by the Commission.
								506.Contribution
				and expenditure requirementsA
				candidate for Representative meets the requirements of this section if, during
				the election cycle of the candidate, the candidate—
								(1)except as provided
				in subsection (b), accepts no contributions other than—
									(A)seed money
				contributions;
									(B)qualifying
				contributions made payable to the House Clean Elections Fund; and
									(C)allocations from
				the House Clean Elections Fund under sections 510 and 511;
									(2)makes no
				expenditures from any amounts other than from—
									(A)amounts received
				from seed money contributions; and
									(B)amounts received
				from the House Clean Elections Fund; and
									(3)makes no
				expenditures from personal funds or the funds of any immediate family member
				(other than funds received through seed money contributions).
								For purposes
				of this subsection, a payment made by a political party in coordination with a
				participating candidate shall not be treated as a contribution to or as an
				expenditure made by the participating candidate.507.Certification
				by Commission
								(a)In
				generalNot later than 5 days
				after a candidate for Representative files an affidavit under section
				503(a)(4), the Commission shall—
									(1)determine whether
				the candidate meets the eligibility requirements of section 503;
									(2)certify whether or
				not the candidate is a participating candidate; and
									(3)notify the
				candidate of the Commission's determination.
									(b)Revocation of
				certification
									(1)In
				generalThe Commission may revoke a certification under
				subsection (a) if—
										(A)a candidate fails
				to qualify to appear on the ballot at any time after the date of certification;
				or
										(B)a candidate
				otherwise fails to comply with the requirements of this title.
										(2)Repayment of
				benefitsIf certification is revoked under paragraph (1), the
				candidate shall repay to the House Clean Elections Fund an amount equal to the
				value of benefits received under this title plus interest (at a rate determined
				by the Commission) on any such amount received.
									508.Benefits for
				participating candidates
								(a)In
				generalA participating candidate shall be entitled to—
									(1)for each election
				with respect to which a candidate is certified as a participating
				candidate—
										(A)an allocation from
				the Fund to make or obligate to make expenditures with respect to such
				election, as provided in section 510;
										(B)fair fight funds,
				as provided in section 511; and
										(2)media benefits
				under section 315 of the Communications Act of
				1934 (47 U.S.C. 315).
									(b)Restriction on
				uses of allocations from the FundAllocations from the Fund
				received by a participating candidate under sections 510 and 511 may only be
				used for campaign-related costs.
								(c)Remitting
				allocations from the FundNot later than the date that is 45 days
				after the date of the election, a participating candidate shall remit to the
				Commission for deposit in the House Clean Elections Fund any unspent amounts
				paid to such candidate under this title for such election.
								509.Allocations
				from the Fund
								(a)In
				generalThe Commission shall make allocations from the Fund under
				section 508(a)(1)(A) to a participating candidate—
									(1)in the case of
				amounts provided under subsection (c)(1), not later than 48 hours after the
				date on which such candidate is certified as a participating candidate under
				section 507;
									(2)in the case of a
				general election, not later than 48 hours after—
										(A)the date the
				certification of the results of the primary election or the primary runoff
				election; or
										(B)in any case in
				which there is no primary election, the date the candidate qualifies to be
				placed on the ballot; and
										(3)in the case of a
				primary runoff election or a general runoff election, not later than 48 hours
				after the certification of the results of the primary election or the general
				election, as the case may be.
									(b)Method of
				paymentThe Commission shall distribute funds available to
				participating candidates under this section through the use of an electronic
				funds exchange or a debit card.
								(c)Money
				Amounts
									(1)In
				generalExcept as provided in paragraph (2), the clean money
				amount paid to a clean money candidate with respect to an election shall be
				equal to the applicable percentage of 80 percent of the base amount for the
				election cycle involved, except that in no event may the amount determined
				under this subsection for a clean money candidate for an election cycle be less
				than the amount determined under this subsection for the candidate for the
				previous election cycle.
									(2)Reduction for
				uncontested electionsIf a clean money candidate has no
				opposition in an election for which a payment is made under this section, the
				clean money amount paid shall be 40 percent of the amount otherwise determined
				under paragraph (1).
									(3)Definitions
										(A)Applicable
				percentageIn this subsection, the applicable
				percentage is as follows:
											(i)25
				percent, in the case of a minor party or independent candidate in a primary
				election.
											(ii)40 percent, in
				the case of a major party candidate in a primary election.
											(iii)60 percent, in
				the case of any candidate in a general election.
											(B)Base
				amountIn this subsection, the term `base amount' means (with
				respect to an election cycle) the national average of all amounts expended by
				winning candidates during the 2 most recent general elections for
				Representative preceding the election cycle involved.
										(4)Adjustment by
				media market
										(A)In
				generalThe Commission, in consultation with the Federal
				Communications Commission, shall establish an index reflecting the costs of the
				media markets in each State.
										(B)AdjustmentAt
				the beginning of each year, the Commission shall increase the amount under
				paragraph (1) (after application of paragraph (3)) based on the index
				established under subparagraph (A).
										510.Payment of fair
				fight funds
								(a)Determination of
				right to payment
									(1)In
				generalThe Commission shall, on a regular basis, make a
				determination on—
										(A)the amount of
				opposing funds with respect to each participating candidate, and
										(B)the applicable
				amount with respect to each participating candidate.
										(2)Basis of
				determinationsThe Commission shall make determinations under
				paragraph (1) based on—
										(A)reports filed by
				the relevant opposing candidate under section 304(a) with respect to amounts
				described in subsection (c)(1)(A)(i)(I); and
										(B)reports filed by
				political committees under section 304(a) and by other persons under section
				304(c) with respect to—
											(i)opposing funds
				described in clauses (ii)(I) and (iii)(I) of subsection (c)(1)(A); and
											(ii)applicable
				amounts described in subparagraphs (B)(i) and (C)(i) of subsection
				(b)(2).
											(3)Requests for
				determination relating to certain electioneering communications
										(A)In
				generalA participating candidate may request to the Commission
				to make a determination under paragraph (1) with respect to any relevant
				opposing candidate with respect to—
											(i)opposing funds
				described in clauses (ii)(II) and (iii)(II) of subsection (c)(1)(A); and
											(ii)applicable
				amounts described in subparagraphs (B)(ii) and (C)(ii) of subsection
				(b)(2).
											(B)Time for making
				determinationIn the case of any such request, the Commission
				shall make such determination and notify the participating candidate of such
				determination not later than—
											(i)24
				hours after receiving such request during the 3-week period ending on the date
				of the election, and
											(ii)48 hours after
				receiving such request at any other time.
											(b)Payments
									(1)In
				generalThe Commission shall make available to the participating
				candidate fair fight funds in an amount equal to the amount of opposing funds
				that is in excess of the applicable amount—
										(A)immediately after
				making any determination under subsection (a) with respect to any participating
				candidate during the 3-week period ending on the date of the election,
				and
										(B)not later than 24
				hours after making such determination at any other time.
										(2)Applicable
				amountFor purposes of this section, the applicable amount is an
				amount equal to the sum of—
										(A)the sum of—
											(i)the amount of seed
				money contribution received by the participating candidate; plus
											(ii)(I)in the case of a
				participating candidate who is a minor party candidate running in a general
				election or an independent candidate, the allocation from the Fund which would
				have been provided to such candidate for such election if such candidate were a
				major party candidate; or
												(II)in the case of any other participating
				candidate, an amount equal to the allocation from the Fund to such candidate
				for such election under section 510(c); and
												(B)the amount of fair
				fight funds previously provided to the participating candidate under this
				subsection for the election.
										(3)Limits on amount
				of paymentThe aggregate of fair fight funds that a participating
				candidate receives under this subsection for any election shall not exceed 200
				percent of the allocation from the Fund that the participating candidate
				receives for such election under section 510(c).
									(c)DefinitionsFor
				purposes of this section—
									(1)Opposing
				funds
										(A)In
				generalThe term opposing funds means, with respect
				to any participating candidate for any election, the sum of—
											(i)(I)the greater of the total
				contributions received by the relevant opposing candidate or the total
				expenditures made by such relevant opposing candidate; or
												(II)in the case of a relevant opposing
				candidate who is a participating candidate, an amount equal to the sum of the
				amount of seed money contributions received by the relevant opposing candidate,
				the value of any vouchers received by the relevant opposing candidate for the
				general election under section 315A of the Communications Act of 1934, and the
				allocation from the Fund under section 510(c) for the relevant opposing
				candidate for such election;
												(ii)the sum
				of—
												(I)the amount of
				independent expenditures made advocating the election of such relevant opposing
				candidate; plus
												(II)the amount of
				disbursements for electioneering communications which promote or support such
				relevant opposing candidate; plus
												(iii)the sum
				of—
												(I)the amount of
				independent expenditures made advocating the defeat of such participating
				candidate; plus
												(II)the amount of
				disbursements for electioneering communications which attack or oppose such
				participating candidate.
												(2)Relevant
				opposing candidateThe term relevant opposing
				candidate means, with respect to any participating candidate, the
				opposing candidate of such participating candidate with respect to whom the
				amount under paragraph (1) is the greatest.
									(3)Electioneering
				communicationThe term electioneering communication
				has the meaning given such term under section 304(f)(3), except that
				subparagraph (A)(i)(II)(aa) thereof shall be applied by substituting
				30 for 60.
									511.Administration
				of the House Clean Elections system
								(a)RegulationsThe
				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 qualifying contributions with respect to a candidate;
										(B)effectively and
				efficiently monitoring and enforcing the limits on the use of personal funds by
				participating candidates;
										(C)the expedited
				payment of fair fight funds during the 3-week period ending on the date of the
				election;
										(D)monitoring the use
				of allocations from the Fund under this title through audits or other
				mechanisms; and
										(E)returning unspent
				disbursements and disposing of assets purchased with allocations from the
				Fund;
										(2)providing for the
				administration of the provisions of this title with respect to special
				elections;
									(3)pertaining to the
				replacement of candidates; and
									(4)for attributing
				expenditures to specific elections for the purposes of calculating opposing
				funds.
									(b)Operation of
				CommissionThe Commission shall maintain normal business hours
				during the weekend immediately before any general election for the purposes of
				administering the provisions of this title, including the distribution of fair
				fight funds under section 511.
								(c)ReportsNot
				later than April 1, 2011, and every 2 years thereafter, the Commission shall
				submit to the Committee on House Administration of the House of Representatives
				a report documenting, evaluating, and making recommendations relating to the
				administrative implementation and enforcement of the provisions of this
				title.
								512.Violations and
				penalties
								(a)Civil penalty
				for violation of contribution and expenditure requirementsIf a candidate who has been certified as a
				participating candidate under section 507(a) accepts a contribution or makes an
				expenditure that is prohibited under section 506, the Commission shall assess a
				civil penalty against the candidate in an amount that is not more than 10 times
				the amount of the contribution or expenditure. Any amounts collected under this
				subsection shall be deposited into the House Clean Elections Fund.
								(b)Repayment for
				improper use of Clean Elections Fund
									(1)In
				generalIf the Commission determines that any benefit made
				available to a participating candidate under this title was not used as
				provided for in this title or that a participating candidate has violated any
				of the dates for remission of funds contained in this title, the Commission
				shall so notify the candidate and the candidate shall pay to the House Clean
				Elections 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).
										(2)Other action not
				precludedAny action by the Commission in accordance with this
				subsection shall not preclude enforcement proceedings by the Commission in
				accordance with section 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.
									513.Authorization
				of AppropriationsThere are
				authorized to be appropriated to the House Clean Elections Fund such sums as
				are necessary to carry out this
				title.
							.
				103.Reporting
			 requirements for nonparticipating candidates
					(a)In
			 generalSection 304 of the
			 Federal Election Campaign Act of 1971
			 (2 U.S.C. 434) is amended by adding at the end the following:

							(j)Nonparticipating
				candidates
								(1)Initial
				report
									(A)In
				generalEach nonparticipating candidate who is opposed to a
				participating candidate and who receives contributions or makes expenditures
				aggregating more than the threshold amount shall, within 48 hours of the date
				such aggregate contributions or expenditures exceed the threshold amount, file
				with the Commission a report stating the total amount of contributions received
				and expenditures made or obligated by such candidate.
									(B)Threshold
				amountFor purposes of this paragraph, the term threshold
				amount means 75 percent of the allocation from the Fund that a
				participating candidate would be entitled to receive in such election under
				section 510 if the participating candidate were a major party candidate.
									(2)Periodic
				reports
									(A)In
				generalIn addition to any reports required under subsection (a),
				each nonparticipating candidate who is required to make a report under
				paragraph (1) shall make the following reports:
										(i)A
				report which shall be filed not later than 5 p.m. on the forty-second day
				before the date on which the election involving such candidate is held and
				which shall be complete through the forty-fourth day before such date.
										(ii)A
				report which shall be filed not later than 5 p.m. on the twenty-first day
				before the date on which the election involving such candidate is held and
				which shall be complete through the twenty-third day before such date.
										(iii)A report which
				shall be filed not later than 5 p.m. on the twelfth day before the date on
				which the election involving such candidate is held and which shall be complete
				through the fourteenth day before such date.
										(B)Additional
				reporting within 2 weeks of electionEach nonparticipating
				candidate who is required to make a report under paragraph (1) and who receives
				contributions or makes expenditures aggregating more than $1,000 at any time
				after the fourteenth day before the date of the election involving such
				candidate shall make a report to the Commission not later than 24 hours after
				such contributions are received or such expenditures are made.
									(C)Contents of
				reportEach report required under this paragraph shall state the
				total amount of contributions received and expenditures made or obligated to be
				made during the period covered by the report.
									(3)DefinitionsFor
				purposes of this subsection and section 309(a)(13), the terms
				nonparticipating candidate, participating candidate,
				and allocation from the Fund have the respective meanings given to
				such terms under section
				501.
								.
					(b)Increased
			 penalty for failure To fileSection 309(a) of the Federal
			 Election Campaign Act of 1971 (2 U.S.C. 437(g)) is amended by adding at the end
			 the following new paragraph:

							(13)Increased civil
				penalties with respect to reporting by nonparticipating
				candidatesFor purposes of paragraphs (5) and (6), any civil
				penalty with respect to a violation of section 304(i) shall not exceed the
				greater of—
								(A)the amount
				otherwise applicable without regard to this paragraph; or
								(B)for each day of
				the violation, 3 times the amount of the fair fight funds under section 511
				that otherwise would have been allocated to the participating candidate but for
				such
				violation.
								.
					104.Modification of
			 electioneering communication reporting requirementsParagraph (2) of section 304(f) of the
			 Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(2)) is amended by
			 redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G),
			 respectively, and by inserting after subparagraph (D) the following new
			 subparagraph:

						(E)in the case of a
				communication referring to any candidate in an election involving a
				participating candidate (as defined under section 501(9)), a transcript of the
				electioneering
				communication.
						.
				105.Limitation on
			 coordinated expenditures by political party committees with participating
			 candidates
					(a)In
			 generalSection 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
			 redesignated by paragraph (1), the following new subparagraph:

								(A)in the case of a
				candidate for election to the office of Representative who is a participating
				candidate (as defined in section 501), the lesser of—
									(i)10
				percent of the allocation from the House Clean Elections Fund that the
				participating candidate is eligible to receive for the general election under
				section 510(c)(3); or
									(ii)the amount which
				would (but for this subparagraph) apply with respect to such candidate under
				subparagraph
				(B);
									.
						(b)Conforming
			 amendmentSubparagraph (B) of section 315(d)(3) of such Act, as
			 redesignated by subsection (a), is amended by inserting who is not a
			 participating candidate (as so defined) after office of
			 Representative.
					106.Treatment of
			 coordinated expenditures as contributions
					(a)In
			 generalSection 301(8) of the Federal Election Campaign Act of 1971 (2 U.S.C.
			 431(8)) is amended—
						(1)in subparagraph
			 (A)—
							(A)by striking
			 or at the end of clause (i);
							(B)by striking the
			 period at the end of clause (ii) and inserting ; or; and
							(C)by adding at the
			 end the following:

									(iii)a payment made
				for a communication or anything of value that is for the purpose of influencing
				an election for Federal office and that is made in coordination with a
				candidate (as defined in subparagraph
				(C)).
									;
				and
							(2)by adding at the
			 end the following:

								(C)For the purposes
				of subparagraph (A)(iii), the term payment made in coordination with a
				candidate includes—
									(i)a
				payment made by a person in cooperation, consultation, or concert with, at the
				request or suggestion of, or pursuant to any general or particular
				understanding with a candidate, the candidate’s authorized committee, or an
				agent acting on behalf of a candidate or authorized committee;
									(ii)a
				payment made by a person for the dissemination, distribution, or republication,
				in whole or in part, of any broadcast or any written, graphic, or other form of
				campaign material prepared by a candidate, a candidate’s authorized committee,
				or an agent of a candidate or authorized committee (not including a
				communication described in paragraph (9)(B)(i) or a communication that
				expressly advocates the candidate’s defeat);
									(iii)a payment made
				based on information about a candidate’s plans, projects, or needs provided to
				the person making the payment by the candidate or the candidate’s agent who
				provides the information with a view toward having the payment made;
									(iv)a
				payment made by a person if, in the same election cycle in which the payment is
				made, the person making the payment is serving or has served as a member,
				employee, fundraiser, or agent of the candidate’s authorized committee in an
				executive or policymaking position;
									(v)a
				payment made by a person if the person making the payment has served in any
				formal policy or advisory position with the candidate’s campaign or has
				participated in strategic or policymaking discussions with the candidate’s
				campaign relating to the candidate’s pursuit of nomination for election, or
				election, to Federal office, in the same election cycle as the election cycle
				in which the payment is made; and
									(vi)a
				payment made by a person if the person making the payment retains the
				professional services of an individual or person who has provided or is
				providing campaign-related services in the same election cycle to a candidate
				in connection with the candidate’s pursuit of nomination for election, or
				election, to Federal office, including services relating to the candidate’s
				decision to seek Federal office, and the payment is for services of which the
				purpose is to influence that candidate’s election.
									(D)For purposes of
				subparagraph (C)(vi), the term professional services includes
				services in support of a candidate’s pursuit of nomination for election, or
				election, to Federal office such as polling, media advice, direct mail,
				fundraising, or campaign
				research.
								.
						(b)Exception for
			 Clean Money candidatesSection 315(a)(7) of such Act (2 U.S.C.
			 441a(a)(7)) is amended by striking paragraph (B) and inserting the
			 following:

							(B)(i)except as provided in
				clause (ii), a payment made in coordination with a candidate (as described in
				section 301(8)(A)(iii)) shall be considered to be a contribution to the
				candidate, and, for the purposes of any provision of this Act that imposes a
				limitation on the making of expenditures by a candidate, shall be treated as an
				expenditure by the candidate for purposes of this paragraph, and
								(ii)in the case of a clean money
				candidate (as defined in section 501), a payment made in coordination with a
				candidate by a committee of a political party shall not be treated as a
				contribution to the candidate for purposes of section 503(b)(1) or an
				expenditure made by the candidate for purposes of section
				503(b)(2);
								.
					107.AuditsSection 311(b) of the
			 Federal Election Campaign Act of 1971
			 (2 U.S.C. 438(b)) is amended—
					(1)by inserting
			 (1) before The Commission; and
					(2)by adding at the
			 end the following:

							(2)Audits of
				participating candidates
								(A)In
				generalNotwithstanding paragraph (1), after every primary,
				general, and runoff election, the Commission shall conduct random audits and
				investigations of not less than 30 percent of the authorized committees of
				candidates who are participating candidates (as defined in section 501).
								(B)Selection of
				subjectsThe subjects of audits and investigations under this
				paragraph shall be selected on the basis of impartial criteria established by a
				vote of at least 4 members of the
				Commission.
								.
					108.Tax credit for
			 voluntary donations to House Clean Elections Fund
					(a)In
			 generalSubpart B of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 is amended by adding at the end the following new
			 section:

							30E.Credit for
				contributions to House Clean Elections Fund
								(a)Credit
				allowedThere shall be allowed as a credit against the tax
				imposed by this chapter for the taxable year an amount equal to the lesser
				of—
									(1)the amount
				contributed to the House Clean Elections Fund by the taxpayer during such
				taxable year, or
									(2)$500.
									(b)Limitations
									(1)No credit for
				qualifying contributionsNo credit shall be allowed under
				subsection (a) for any contribution which is a qualifying contribution (as
				defined under section 501(11) of the Federal Election Campaign Act of
				1971).
									(2)No credit for
				designations under section 6097No credit shall be allowed with
				respect to any amount designated under section 6097.
									(3)Application with
				other creditsThe credit allowed by subsection (a) for any
				taxable year shall not exceed the excess (if any) of—
										(A)the regular tax
				liability (as defined in section 26(b)) reduced by the sum of the credits
				allowable under subpart A and sections 27, 30, 30B, 30C, and 30D, over
										(B)the tentative
				minimum tax for the taxable year.
										(c)House Clean
				Elections FundFor purposes of this section, the term House
				Clean Elections Fund means the fund established under section 502 of the
				Federal Election Campaign Act of 1971.
								(d)Denial of double
				benefitNo deduction shall be allowed under this chapter for any
				amount for which a credit is allowed under subsection
				(a).
								.
					(b)Clerical
			 amendmentThe table of section for subpart B of part IV of
			 subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by
			 inserting after the item relating to section 30D the following new item:

								Sec. 30E. Credit for contributions to House Clean Elections
				Fund.

							.
					(c)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2009.
					BClean Elections
			 Review Commission
				111.Establishment
			 of Commission
					(a)EstablishmentThere
			 is established a commission to be known as the Clean Elections Review
			 Commission (hereafter in this subtitle referred to as the
			 Commission).
					(b)Duties
						(1)Review of clean
			 elections financing
							(A)In
			 generalAfter each general election for Federal office, the
			 Commission shall conduct a comprehensive review of the House clean elections
			 financing program under title V of the Federal Election Campaign Act of 1971,
			 including—
								(i)the
			 number and value of qualifying contributions a candidate is required to obtain
			 under section 505 of such Act to qualify for allocations from the Fund;
								(ii)the
			 amount of allocations from the House Clean Elections Fund that candidates may
			 receive under sections 510 and 511 of such Act;
								(iii)the overall
			 satisfaction of participating candidates with the program; and
								(iv)such other
			 matters relating to financing of House campaigns as the Commission determines
			 are appropriate.
								(B)Criteria for
			 reviewIn conducting the review under subparagraph (A), the
			 Commission shall consider the following:
								(i)Review of
			 qualifying contribution requirementsThe Commission shall
			 consider whether the number and value of qualifying contributions required
			 strikes a balance between the importance of voter choice and fiscal
			 responsibility, taking into consideration the number of primary and general
			 election participating candidates, the electoral performance of those
			 candidates, program cost, and any other information the Commission determines
			 is appropriate.
								(ii)Review of
			 program allocationsThe Commission shall consider whether
			 allocations from the House Clean Elections Fund under sections 509 and 510 of
			 the Federal Election Campaign Act of 1974 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 dates, and any other information the Commission determines is
			 appropriate.
								(2)Report,
			 recommendations, and proposed legislative language
							(A)ReportNot
			 later than March 30 following any general election for Federal office, the
			 Commission 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 recommendations of the Commission based on such review, and
			 shall contain any proposed legislative language (as required under subparagraph
			 (C)) of the Commission.
							(B)Findings,
			 conclusions, and recommendationsA finding, conclusion, or
			 recommendation of the Commission shall be included in the report under
			 subparagraph (A) only if not less than 3 members of the Commission voted for
			 such finding, conclusion, or recommendation.
							(C)Legislative
			 language
								(i)In
			 generalThe report under subparagraph (A) shall include
			 legislative language with respect to any recommendation involving—
									(I)an increase in the
			 number or value of qualifying contributions; or
									(II)an increase in
			 the amount of allocations from the House Clean Elections Fund.
									(ii)FormThe
			 legislative language shall be in the form of a proposed bill for introduction
			 in Congress and shall not include any recommendation not related to matter
			 described subclause (I) or (II) of clause (i).
								112.Structure and
			 membership of the commission
					(a)Appointment
						(1)In
			 generalThe Commission shall be composed of 5 members, of
			 whom—
							(A)1 shall be
			 appointed by the Speaker of the House of Representatives;
							(B)1 shall be
			 appointed by the minority leader of the House; and
							(C)3 shall be
			 appointed jointly by the members appointed under subparagraphs (A) and
			 (B).
							(2)Qualifications
							(A)In
			 generalThe 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 Commission.
							(B)ProhibitionNo
			 member of the Commission may be—
								(i)a
			 member of Congress;
								(ii)an
			 employee of the Federal Government;
								(iii)a
			 registered lobbyist; or
								(iv)an
			 officer or employee of a political party or political campaign.
								(3)DateMembers of the Commission shall be
			 appointed not later than 60 days after the date of the enactment of this
			 Act.
						(4)TermsA member of the Commission shall be
			 appointed for a term of 5 years.
						(b)VacanciesA vacancy on the Commission shall be filled
			 not later than 30 calendar days after the date on which the Commission is given
			 notice of the vacancy, in the same manner as the original appointment. The
			 individual appointed to fill the vacancy shall serve only for the unexpired
			 portion of the term for which the individual’s predecessor was
			 appointed.
					(c)ChairpersonThe Commission shall designate a
			 Chairperson from among the members of the Commission.
					113.Powers of the
			 Commission
					(a)Meetings and
			 hearings
						(1)MeetingsThe Commission may hold such hearings, sit
			 and act at such times and places, take such testimony, and receive such
			 evidence as the Commission considers advisable to carry out the purposes of
			 this Act.
						(2)QuorumFour members of the Commission shall
			 constitute a quorum for purposes of voting, but a quorum is not required for
			 members to meet and hold hearings.
						(b)Information from
			 Federal agenciesThe Commission may secure directly from any
			 Federal department or agency such information as the Commission considers
			 necessary to carry out the provisions of this Act. Upon request of the
			 Chairperson of the Commission, the head of such department or agency shall
			 furnish such information to the Commission.
					(c)Postal
			 servicesThe Commission may use the United States mails in the
			 same manner and under the same conditions as other departments and agencies of
			 the Federal Government.
					(d)GiftsThe
			 Commission may accept, use, and dispose of gifts or donations of services or
			 property.
					114.Administration
					(a)Compensation of
			 members
						(1)In
			 general
							(A)In
			 generalEach 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, for each day
			 (including travel time) during which such member is engaged in the performance
			 of the duties of the Commission.
							(B)ChairpersonThe Chairperson shall be paid at a rate
			 equal to the daily equivalent of the minimum annual rate of basic pay
			 prescribed for level III of the Executive Schedule under section 5314 of title
			 5, United States Code, for each day (including travel time) during which such
			 member is engaged in the performance of the duties of the Commission.
							(2)Travel
			 expensesMembers shall
			 receive travel expenses, including per diem in lieu of subsistence, in
			 accordance with sections 5702 and 5703 of title 5, United States Code, while
			 away from their homes or regular places of business in performance of services
			 for the Commission.
						(b)Personnel
						(1)DirectorThe
			 Commission shall have a staff headed by an Executive Director. The Executive
			 Director shall be paid at a rate equivalent to a rate established for the
			 Senior Executive Service under section 5382 of title 5, United States
			 Code.
						(2)Staff
			 appointmentWith the approval of the Chairperson, the Executive
			 Director may appoint such personnel as the Executive Director and the
			 Commission determines to be appropriate.
						(3)Actuarial
			 experts and consultantsWith the approval of the Chairperson, the
			 Executive Director may procure temporary and intermittent services under
			 section 3109(b) of title 5, United States Code.
						(4)Detail of
			 government employeesUpon the request of the Chairperson, the
			 head of any Federal agency may detail, without reimbursement, any of the
			 personnel of such agency to the Commission to assist in carrying out the duties
			 of the Commission. Any such detail shall not interrupt or otherwise affect the
			 civil service status or privileges of the Federal employee.
						(5)Other
			 resourcesThe Commission shall have reasonable access to
			 materials, resources, statistical data, and other information from the Library
			 of Congress and other agencies and elected representatives of the executive and
			 legislative branches of the Federal Government. The Chairperson of the
			 Commission shall make requests for such access in writing when
			 necessary.
						115.Authorization of
			 appropriationsThere are
			 authorized to be appropriated such sums as are necessary to carry out the
			 purposes of this subtitle.
				IIVoter
			 information
			201.Free broadcast
			 timeSection 315 of the
			 Communications Act of 1934 (47 U.S.C.
			 315) is amended—
				(1)in subsection (a),
			 in the third sentence, by striking within the meaning of this
			 subsection and inserting within the meaning of this subsection
			 or subsection (c);
				(2)by adding at the
			 end the following:

						(f)Free broadcast
				time
							(1)Amount of
				timeA clean money candidate shall be entitled to receive—
								(A)30 minutes of free
				broadcast time during each of the primary election period and the primary
				runoff election period; and
								(B)75 minutes of free
				broadcast time during the general election period and general runoff election
				period.
								(2)Time during
				which the broadcast is shownThe broadcast time under paragraph
				(1) shall be—
								(A)with respect to a
				television broadcast, the time between 6:00 p.m. and 10:00 p.m. on any day that
				falls on Monday through Friday;
								(B)with respect to a
				radio broadcast, the time between 7:00 a.m. and 9:30 a.m. or between 4:30 p.m.
				and 7:00 p.m. on any day that falls on Monday through Friday; or
								(C)with respect to
				any broadcast, such other time to which the candidate and broadcaster may
				agree.
								(3)Maximum required
				of any stationThe amount of free broadcast time that any 1
				station is required to make available to any 1 clean money candidate during
				each of the primary election period, primary runoff election period, and
				general election period shall not exceed 15
				minutes.
							;
				and
				(3)in subsection
			 (c)—
					(A)by striking
			 and at the end of paragraph (1);
					(B)by striking the
			 period at the end of paragraph (2) and inserting a semicolon, and by
			 redesignating that paragraph as paragraph (4);
					(C)by inserting after
			 paragraph (1) the following:

							(2)the term
				clean money candidate has the meaning given in section 501 of the
				Federal Election Campaign Act of
				1971;
							(3)the terms
				general election period and general runoff election
				period have the meaning given in section 501 of the
				Federal Election Campaign Act of
				1971;
							;
				and
					(D)by adding at the
			 end the following:

							(5)the term
				primary election period has the meaning given in section 501 of
				the Federal Election Campaign Act of
				1971;
							(6)the term
				private money candidate has the meaning given in section 501 of
				the Federal Election Campaign Act of
				1971; and
							(7)the term
				primary runoff election period has the meaning given in section
				501 of the Federal Election Campaign Act of
				1971.
							.
					202.Broadcast rates and
			 preemption
				(a)Broadcast
			 ratesSection 315(b) of the Communications Act of 1934 (47 U.S.C. 315(b))
			 is amended—
					(1)in paragraph
			 (1)(A), by striking paragraph (2) and inserting
			 paragraphs (2) and (3); and
					(2)by adding at the
			 end the following:

							(3)Clean Money
				candidatesIn the case of a clean money candidate, the charges
				for the use of a television broadcasting station shall not exceed 50 percent of
				the lowest charge described in paragraph (1)(A) during—
								(A)the 30 days
				preceding the date of a primary or primary runoff election in which the
				candidate is opposed; and
								(B)the 60 days
				preceding the date of a general or special election in which the candidate is
				opposed.
								(4)Other House
				candidatesIn the case of a candidate for election for Member of
				or Delegate or Resident Commissioner to the Congress who is not a clean money
				candidate, paragraph (1)(A) shall not apply.
							(5)Rate
				cardsA licensee shall provide to a candidate for Member of or
				Delegate or Resident Commissioner to the Congress a rate card that
				discloses—
								(A)the rate charged
				under this subsection; and
								(B)the method that
				the licensee uses to determine the rate charged under this
				subsection.
								.
					(b)PreemptionSection
			 315 of such Act (47 U.S.C. 315), as amended by section 201, is amended by
			 adding at the end the following:

						(g)Preemption
							(1)In
				generalExcept as provided in paragraph (2), a licensee shall not
				preempt the use of a broadcasting station by a legally qualified candidate for
				Member of or Delegate or Resident Commissioner to the Congress who has
				purchased and paid for such use.
							(2)Circumstances
				beyond control of licenseeIf a program to be broadcast by a
				broadcasting station is preempted because of circumstances beyond the control
				of the broadcasting station, any candidate advertising spot scheduled to be
				broadcast during that program may also be
				preempted.
							.
				(c)Revocation of
			 license for failure To permit accessSection 312(a)(7) of such
			 Act (47 U.S.C. 312(a)(7)) is amended—
					(1)by striking
			 or repeated;
					(2)by inserting
			 or cable system after broadcasting station;
			 and
					(3)by striking
			 his candidacy and inserting the candidacy of the
			 candidate, under the same terms, conditions, and business practices as apply to
			 the most favored advertiser of the licensee.
					203.Limit on
			 Congressional use of the franking privilege
				(a)In
			 generalSection 3210(a)(6) of
			 title 39, United States Code, is amended by striking subparagraph (A) and
			 inserting the following:

						(A)(i)Except as provided in
				clause (ii), a Member of Congress or a Congressional Committee or Subcommittee
				of which such Member is Chairman or Ranking Member shall not mail any mass
				mailing as franked mail during the period which begins 90 days before date of
				the primary election and ends on the date of the general election with respect
				to any Federal office which such Member holds, unless the Member has made a
				public announcement that the Member will not be a candidate for reelection to
				any Federal office in that year.
							(ii)A Member of Congress or a
				Congressional Committee or Subcommittee of which such Member is Chairman or
				Ranking Member may mail a mass mailing as franked mail if—
								(I)the purpose of the mailing is to
				communicate information about a public meeting; and
								(II)the content of the mailed matter
				includes only the name of the Member, Committee, or Subcommittee, as
				appropriate, and the date, time, and place of the public
				meeting.
								.
				(b)Conforming
			 amendments
					(1)Section 3210(a)(6)
			 of title 39, United States Code, is amended by striking subparagraph (B) and by
			 redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E),
			 respectively.
					(2)Section
			 3210(a)(6)(E) of title 39, United States Code, as redesignated by paragraph
			 (1), is amended by striking subparagraphs (A) and (C) and
			 inserting subparagraphs (A) and (B).
					IIIResponsibilities
			 of the Federal Election Commission
			301.Petition for
			 certiorariSection 307(a)(6)
			 of the Federal Election Campaign Act of
			 1971 (2 U.S.C. 437d(a)(6)) is amended by inserting (including
			 a proceeding before the Supreme Court on certiorari) after
			 appeal.
			302.Promoting
			 expedited availability of FEC reports
				(a)Mandatory
			 electronic filingSection 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 electronic form accessible by
			 computers.;
					(2)in subparagraph
			 (B), by striking 48 hours and all that follows through
			 filed electronically) and inserting 24 hours;
			 and
					(3)by striking
			 subparagraph (D).
					(b)Requiring
			 reports for all contributions made to any political committee within 90 days of
			 election; requiring reports To be made within 24 hoursSection
			 304(a)(6)(A) of such Act (2 U.S.C. 434(a)(6)(A)) is amended to read as
			 follows:

						(6)(A)Each political committee
				shall notify the Commission and the Secretary of State, as appropriate, in
				writing, of any contribution received by the committee during the period which
				begins on the 90th day before an election and ends at the time the polls close
				for such election. This notification shall be made within 24 hours (or, if
				earlier, by midnight of the day on which the contribution is deposited) after
				the receipt of such contribution and shall include the name of the candidate
				involved (as appropriate) and the office sought by the candidate, the
				identification of the contributor, and the date of receipt and amount of the
				contribution.
							.
				IVMiscellaneous
			 provisions
			401.SeverabilityIf 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 unconstitutional, 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.
			402.Review of
			 constitutional issuesAn
			 appeal may be taken directly to the Supreme Court of the United States from any
			 final judgment, decree, or order issued by any court ruling on the
			 constitutionality of any provision of this Act or amendment made by this
			 Act.
			403.Effective
			 dateExcept as otherwise
			 provided for in this Act, this Act and the amendments made by this Act shall
			 take effect on January 1, 2010.


117 HR 389 IH: Safe and Quiet Skies Act of 2021
U.S. House of Representatives
2021-01-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 389IN THE HOUSE OF REPRESENTATIVESJanuary 21, 2021Mr. Case (for himself, Mr. Sires, Mr. Neguse, Mr. Sherman, Mr. Nadler, and Ms. Norton) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo impose safety requirements on commercial air tour flights, and for other purposes.1.Short titleThis Act may be cited as the Safe and Quiet Skies Act of 2021.2.Requirements for commercial air tour flights(a)Prohibition of overflightsNotwithstanding any other provision of law, a commercial air tour may not operate within a half mile of the following:(1)A military installation.(2)A national cemetery.(3)A unit of the National Wilderness Preservation System.(4)A unit of the National Park System.(5)A unit of the National Wildlife Refuge System.(b)Use of Automatic Dependent Surveillance-Broadcast (ADS–B) Out equipmentThe Administrator of the Federal Aviation Administration shall revise section 91.227 of title 14, Code of Federal Regulations, to require the use of ADS–B Out (as such term is defined in such section) during the entire operation of a commercial air tour.(c)Sterile cockpit ruleThe Administrator shall issue such regulations as are necessary to—(1)impose the requirements of section 121.542 of title 14, Code of Federal Regulations, on a commercial air tour and a pilot of a commercial air tour (including a commercial air tour that does not hold a certificate under part 121 of title 14, Code of Federal Regulations);(2)define tour-giving and providing an oral narration of the air tour as duties that are not required for the safe operation of the aircraft for a commercial air tour (including a commercial air tour that does not hold a certificate under part 121 of title 14, Code of Federal Regulations); and(3)define a critical phase of flight for a commercial air tour (including a commercial air tour that does not hold a certificate under part 121 of title 14, Code of Federal Regulations) to include all ground operations involving taxi, takeoff, and landing, and all other flight operations regardless of altitude of operation.(d)Minimum altitudes(1)In generalNotwithstanding any other provision of law, a commercial air tour may not operate at an altitude of less than 1,500 feet.(2)Exceptions(A)Safe harborAn operator of a commercial air tour may fly below the altitude described in paragraph (1) for reasons of safety if unpredictable circumstances occur.(B)FAA requirementsThe Administrator may permit an operator of a commercial air tour to operate below the altitude described in paragraph (1) for flight operations for takeoff and landing.(3)Rule of constructionIf a reasonable individual would believe a commercial air tour could not safely fly at a minimum altitude of 1,500 feet for the duration of the flight given the conditions at takeoff, the safe harbor described in paragraph (2)(A) shall not apply.(e)Occupied areas(1)In generalNotwithstanding any other provision of law, a commercial air tour may not operate within half a mile of an occupied area unless the aircraft has noise suppression technology that brings noise to the lesser of—(A)a maximum level of 55 dbA as measured from such occupied area; and(B)a maximum level required in such occupied area by a requirement imposed pursuant to section 3(a) of this Act or section 40128(e) of title 49, United States Code.(2)RegulationsThe Administrator shall revise subparts F and H of part 36 of title 14, Code of Federal Regulations, and related appendices, to reduce noise limits in accordance with paragraph (1).3.Delegated authority to State and local regulators(a)In generalNotwithstanding any other provision of law, a State or locality may impose additional requirements on commercial air tours (but may not waive any requirements described in this Act or in the amendments made by this Act), including—(1)banning such tours;(2)imposing day and time flight restrictions;(3)regulating the total number of flights per day;(4)regulating route requirements over occupied areas;(5)prohibiting flights over State or local parks, ocean recreation, cemeteries, and other areas of State interest; and(6)requiring commercial air tours to operate at lower decibels for purposes of noise requirements.(b)FAA exceptionsThe Administrator may invalidate a requirement imposed pursuant to subsection (a) if required for flight operations for takeoff and landing.4.Public engagement throughout Federal and State regulatory processDuring the promulgation of any regulation required by this Act or the drafting and update of the Air Tours Common Procedural Manuals, the requirements of the Administrative Procedure Act shall apply.5.PenaltiesThe Administrator shall impose penalties for violations of this Act or the amendments made by this Act, including revoking any certifications or permits issued to operate a commercial air tour.6.Conforming amendmentsSection 40128 of title 49, United States Code, is amended—(1)by striking a national park or in each place in which it appears;(2)by striking park or in each place in which it appears;(3)in subsection (a)(1)(C), by striking or voluntary agreement under subsection (b)(7);(4)by striking subsection (a)(2) and inserting the following:(2)Application for operating authorityBefore commencing commercial air tour operations over tribal lands, a commercial air tour operator shall apply to the Administrator for authority to conduct the operations over the tribal lands.; (5)by striking subsection (a)(3); (6)by redesignating paragraph (4) of subsection (a) as paragraph (3); (7)by striking subsection (a)(5);(8)in subsection (b)(1)(A)—(A)by striking over the park and inserting over the lands; and(B)by striking paragraph (4) and inserting paragraph (3); (9)by striking subsection (b)(1)(C);(10)by striking subsection (b)(3);(11)by redesignating paragraphs (4) through (6) of subsection (b) as paragraphs (3) through (5), respectively;(12)by striking subsection (b)(7);(13)by striking subsection (c)(2)(B);(14)by redesignating subparagraphs (C) through (I) of subsection (c)(2) as subparagraphs (B) through (H), respectively;(15)in subsection (c)(3)(B), by striking at the in each place in which it appears;(16)in subsection (d)(1)—(A)by striking over a national park under interim operating authority granted under subsection (c) or; and(B)by striking or voluntary agreement;(17)by striking subsection (e);(18)by striking subsection (f) and inserting the following:(e)Tribal authority(1)In generalNotwithstanding any other provision of law, a tribal entity may impose additional requirements on commercial air tours (but may not waive any requirements described in the Safe and Quiet Skies Act of 2021 or in the amendments made by the Safe and Quiet Skies Act of 2021), including—(A)banning such tours;(B)imposing day and time flight restrictions;(C)regulating the total number of flights per day;(D)regulating route requirements over occupied areas;(E)prohibiting flights over tribal parks, ocean recreation, cemeteries, and other areas of tribal interest; and(F)requiring commercial air tours to operate at lower decibels for purposes of noise requirements.(2)FAA exceptionsThe Administrator of the Federal Aviation Administration may invalidate a regulation imposed pursuant to paragraph (1) if required for flight operations for takeoff and landing.(3)Tribal entityIn this subsection, the term tribal entity means—(A)a tribal organization (as such term is defined in section 4 of the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 5304));(B)a tribally designated housing entity (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)); or(C)an Indian-owned business or a tribal enterprise (as such terms are defined in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302)).;(19)in subsection (g)(1), by striking over a national park and inserting over tribal lands;(20)in subsection (g)(2), by striking over a national park and inserting over tribal lands; (21)by striking subsection (g)(4); (22)by redesignating paragraphs (5) through (8) of subsection (g) as paragraphs (4) through (7), respectively; and(23)by redesignating subsection (g) as subsection (f).7.NTSB recommendations(a)In generalThe Administrator shall implement all recommendations concerning operators under part 135 of title 14, Code of Federal Regulations, that—(1)were issued by the National Transportation Safety Board; and(2)are considered by the Board to be open unacceptable response.(b)Part 135 regulationThe Administrator—(1)shall require all commercial air tours to operate pursuant to part 135 of title 14, Code of Federal Regulations; and(2)may not permit a commercial air tour to operate pursuant to part 91 of title 14, Code of Federal Regulations.8.DefinitionsIn this Act, the following definitions apply:(1)AdministratorThe term Administrator means the Administrator of the Federal Aviation Administration.(2)AltitudeThe term altitude means the distance above ground level between an aircraft and the highest obstacle that is within 2 miles of the location over which such aircraft is flying at any time.(3)Commercial air tourThe term commercial air tour means any flight conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing or intentional parachuting. If the operator of a flight asserts that the flight is not a commercial air tour, factors that can be considered by the Administrator in making a determination of whether the flight is a commercial air tour include—(A)whether there was a holding out to the public of willingness to conduct a sightseeing or intentional parachuting flight for compensation or hire;(B)whether a narrative was provided that referred to areas or points of interest on the surface;(C)the area of operation;(D)the frequency of flights;(E)the route of flight;(F)the inclusion of sightseeing or intentional parachuting flights as part of any travel arrangement package; or(G)whether the flight in question would or would not have been canceled based on poor visibility of the surface.(4)dbAThe term dbA means the A-weighted sound level or unit of measurement describing the total sound level of all noises as measured with a sound level meter using the A weighting network.(5)Occupied areaThe term occupied area means land area that is used by people, including residential areas, commercial areas, and recreational areas.


115 HR 2755 IH: Beach Act of 2017
U.S. House of Representatives
2017-05-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS1st SessionH. R. 2755IN THE HOUSE OF REPRESENTATIVESMay 26, 2017Mr. Pallone (for himself and Mr. Peters) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo amend the Federal Water Pollution Control Act relating to beach monitoring, and for other
			 purposes.

 1.Short titleThis Act may be cited as the Beach Act of 2017. 2.Water pollution source identification (a)Monitoring protocolsSection 406(a)(1)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1346(a)(1)(A)) is amended by striking methods for monitoring and inserting protocols for monitoring that are most likely to detect pathogenic contamination.
 (b)Source TrackingSection 406(b) of such Act (33 U.S.C. 1346(b)) is amended by adding at the end the following:  (5)Contents of monitoring and notification programsFor the purposes of this section, a program for monitoring, assessment, and notification shall include, consistent with performance criteria published by the Administrator under subsection (a), monitoring, public notification, storm event testing, source tracking, and sanitary surveys, and may include prevention efforts, not already funded under this Act to address identified sources of contamination by pathogens and pathogen indicators in coastal recreation waters adjacent to beaches or similar points of access that are used by the public..
 (c)Authorization of appropriationsSection 406(i) of such Act (33 U.S.C. 1346(i)) is amended by striking 2001 through 2005 and inserting 2017 through 2021. 3.Funding for Beaches Environmental Assessment and Coastal Health ActSection 8 of the Beaches Environmental Assessment and Coastal Health Act of 2000 (Public Law 106–284) is amended by striking 2005 and inserting 2021.
 4.State reportsSection 406(b)(3)(A)(ii)) of the Federal Water Pollution Control Act (33 U.S.C. 1346(b)(3)(A)(ii)) is amended by striking public and inserting public and all environmental agencies of the State with authority to prevent or treat sources of pathogenic contamination in coastal recreation waters.
		5.Use of rapid testing methods
 (a)Contents of State and local government programsSection 406(c)(4)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)(4)(A)) is amended by striking methods and inserting methods, including a rapid testing method after the last day of the one-year period after the date of validation of that rapid testing method by the Administrator,.
 (b)Revised criteriaSection 304(a)(9)(A) of such Act (33 U.S.C. 1314(a)(9)(A)) is amended by striking methods, as appropriate and inserting methods, including rapid testing methods. (c)Validation and use of rapid testing methods (1)Validation of rapid testing methodsNot later than 6 months after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (in this Act referred to as the Administrator) shall complete an evaluation and validation of a rapid testing method for the water quality criteria and standards for pathogens and pathogen indicators described in section 304(a)(9)(A) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)(A)).
				(2)Guidance for use of rapid testing methods
 (A)In generalNot later than 180 days after completion of the validation under paragraph (1), after providing notice and an opportunity for public comment, the Administrator shall publish guidance for the use at coastal recreation waters adjacent to beaches or similar points of access that are used by the public of a rapid testing method that will enhance the protection of public health and safety through rapid public notification of any exceedance of applicable water quality standards for pathogens and pathogen indicators.
 (B)PrioritizationIn developing such guidance, the Administrator shall require the use of a rapid testing method at those beaches or similar points of access that are the most used by the public.
 (d)DefinitionSection 502 of such Act (33 U.S.C. 1362) is amended by adding at the end the following:  (27)Rapid testing methodThe term rapid testing method means a method of testing the water quality of coastal recreation waters for which results are available as soon as practicable and not more than 4 hours after receipt of the applicable sample by the testing facility..
			(e)Revisions to rapid testing methods
 (1)In generalUpon completion of the validation required under subsection (c)(1), and every 5 years thereafter, the Administrator shall identify and review potential rapid testing methods for existing water quality criteria for pathogens and pathogen indicators for coastal recreation waters.
 (2)Revisions to rapid testing methodsIf a rapid testing method identified under paragraph (1) will make results available in less time and improve the accuracy and reproducibility of results when compared to the existing rapid testing method, the Administrator shall complete an evaluation and validation of the rapid testing method as expeditiously as practicable.
 (3)Reporting requirementUpon completion of the review required under paragraph (1), the Administrator shall publish in the Federal Register the results of the review, including information on any potential rapid testing method proposed for evaluation and validation under paragraph (2).
 (4)Declaration of goals for rapid testing methodsIt is a national goal that by 2019, a rapid testing method for testing water quality of coastal recreation waters be developed that can produce accurate and reproducible results in not more than 2 hours after receipt of the applicable sample.
 6.Notification of Federal, State, and local agenciesSection 406(c) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)) is amended— (1)in paragraph (5), in the matter preceding subparagraph (A), by striking prompt communication and inserting communication, within 2 hours of the receipt of the results of a water quality sample,;
 (2)by striking paragraph (5)(A) and inserting the following:  (A)in the case of—
 (i)any State in which the Administrator is administering the program under section 402, the Administrator, in such form as the Administrator determines to be appropriate; and
 (ii)any State other than a State to which clause (i) applies, all agencies of the State government with authority to require the prevention or treatment of the sources of coastal recreation water pollution; and;
 (3)by redesignating paragraphs (6) and (7) as paragraphs (7) and (8), respectively; and (4)by inserting after paragraph (5) the following:

 (6)measures for an annual report to the Administrator, in such form as the Administrator determines appropriate, on the occurrence, nature, location, pollutants involved, and extent of any exceedance of applicable water quality standards for pathogens and pathogen indicators;.
 7.Content of State and local programsSection 406(c) of the Federal Water Pollution Control Act (33 U.S.C. 1346(c)) is amended— (1)in paragraph (7) (as redesignated by section 6(3) of this Act)—
 (A)by striking the posting and inserting the immediate posting; and (B)by striking and at the end;
 (2)by striking the period at the end of paragraph (8) (as redesignated by section 6(3) of this Act) and inserting a semicolon; and
 (3)by adding at the end the following:  (9)the availability of a geographic information system database that such State or local government program shall use to inform the public about coastal recreation waters and that—
 (A)is publicly accessible and searchable on the Internet; (B)is organized by beach or similar point of access;
 (C)identifies applicable water quality standards, monitoring protocols, sampling plans and results, and the number and cause of coastal recreation water closures and advisory days; and
 (D)is updated within 12 hours of the availability of information indicating the presence of pathogens or pathogen indicators; and
 (10)measures to ensure that closures or advisories are made or issued within 2 hours after the receipt of the results of a water quality sample that exceeds applicable water quality standards for pathogens and pathogen indicators..
 8.Compliance reviewSection 406(h) of the Federal Water Pollution Control Act (33 U.S.C. 1346(h)) is amended— (1)by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
 (2)by moving such subparagraphs 2 ems to the right; (3)by striking In the and inserting the following:

 (1)In generalIn the; and (4)by adding at the end the following:

 (2)Compliance reviewOn or before July 31 of each calendar year beginning after the date of enactment of this paragraph, the Administrator shall—
 (A)prepare a written assessment of compliance with all statutory and regulatory requirements of this section for each State and local government and of compliance with conditions of each grant made under this section to a State or local government;
 (B)notify the State or local government of such assessment; and (C)make each of the assessments available to the public in a searchable database on the Internet on or before December 31 of such calendar year.
 (3)Corrective actionIf a State or local government that the Administrator notifies under paragraph (2) is not in compliance with any requirement or grant condition described in paragraph (2) fails to take such action as may be necessary to comply with such requirement or condition within one year after the date of notification, any grants made under subsection (b) to the State or local government, after the last day of such one-year period and while the State or local government is not in compliance with all requirements and grant conditions described in paragraph (2), shall have a Federal share of not to exceed 50 percent.
 (4)GAO reviewNot later than December 31 of the third calendar year beginning after the date of enactment of this paragraph, the Comptroller General shall conduct a review of the activities of the Administrator under paragraphs (2) and (3) during the first and second calendar years beginning after such date of enactment and submit to Congress a report on the results of such review..
 9.Publication of coastal recreation waters pathogen listSection 304(a)(9) of the Federal Water Pollution Control Act (33 U.S.C. 1314(a)(9)) is amended by adding at the end the following:

 (C)Publication of pathogen and pathogen indicator listUpon publication of the new or revised water quality criteria under subparagraph (A), the Administrator shall publish in the Federal Register a list of all pathogens and pathogen indicators studied under section 104(v)..
 10.Adoption of new or revised criteria and standardsSection 303(i) of the Federal Water Pollution Control Act (33 U.S.C. 1313(i)) is amended— (1)in paragraph (1)(A), by striking water quality criteria and standards and inserting the most protective water quality criteria and standards practicable; and
 (2)in paragraph (2)(A), by striking paragraph (1)(A) each place it appears and inserting paragraph (1). 11.National List of BeachesSection 406(g) of the Federal Water Pollution Control Act (33 U.S.C. 1346(g)) is amended—
 (1)in paragraph (1), by inserting , regardless of the presence of a lifeguard, after that are used by the public; and (2)in paragraph (3), by striking The Administrator and all that follows through the period and inserting Not later than 12 months after the date of the enactment of the Beach Act of 2017, and biennially thereafter, the Administrator shall update the list described in paragraph (1)..
			12.Impact of climate change on pathogenic contamination of coastal recreation waters
 (a)StudyThe Administrator shall conduct a study on the long-term impact of climate change on pathogenic contamination of coastal recreation waters.
			(b)Report
 (1)In generalNot later than one year after the date of enactment of this Act, the Administrator shall submit to Congress a report on the results of the study conducted under subsection (a).
 (2)Information on potential contamination impactsThe report shall include information on the potential impacts of pathogenic contamination on ground and surface water resources as well as public and ecosystem health in coastal communities.
 (3)Federal actionsThe report shall highlight necessary Federal actions to help advance the availability of information and tools to assess and mitigate these effects in order to protect public and ecosystem health.
 (4)ConsultationIn developing the report, the Administrator shall work in consultation with agencies active in the development of the National Water Quality Monitoring Network and the implementation of the Ocean Research Priorities Plan and Implementation Strategy.
				13.Impact of excess nutrients on coastal recreation waters
 (a)StudyThe Administrator shall conduct a study to review the available scientific information pertaining to the impacts of excess nutrients on coastal recreation waters.
			(b)Report
 (1)In generalNot later than one year after the date of enactment of this Act, the Administrator shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the study conducted under subsection (a).
 (2)ImpactsSuch report shall include information on any adverse impacts of excess nutrients on coastal recreation waters, including adverse impacts caused by algal blooms resulting from excess nutrients.
 (3)RecommendationsSuch report shall include recommendations for action to address adverse impacts of excess nutrients and algal blooms on coastal recreation waters, including the establishment and implementation of numeric water quality criteria for nutrients.
 (4)ConsultationIn developing such report, the Administrator shall consult with the heads of other appropriate Federal agencies (including the National Oceanic and Atmospheric Administration), States, and local government entities.


		II
		111th CONGRESS
		2d Session
		S. 3413
		IN THE SENATE OF THE UNITED STATES

			May 25, 2010
			Mr. Feingold introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To amend part D of title XVIII of the Social Security Act
		  to require the Secretary of Health and Human Services to negotiate covered part
		  D drug prices on behalf of Medicare beneficiaries.

		1.Short titleThis Act may be cited as the
			 Medicare Prescription Drug Price
			 Negotiation Act of 2010.
		2.Negotiation of
			 lower covered part D drug prices on behalf of Medicare beneficiaries
			(a)Negotiation by
			 SecretarySection 1860D–11 of the Social Security Act (42 U.S.C.
			 1395w–111) is amended by striking subsection (i) (relating to noninterference)
			 and inserting the following:

					(i)Negotiation of
				Lower Drug Prices
						(1)In
				generalNotwithstanding any other provision of law, the Secretary
				shall negotiate with pharmaceutical manufacturers the prices (including
				discounts, rebates, and other price concessions) that may be charged to PDP
				sponsors and MA organizations for covered part D drugs for part D eligible
				individuals who are enrolled under a prescription drug plan or under an MA–PD
				plan.
						(2)No change in
				rules for formularies
							(A)In
				generalNothing in paragraph (1) shall be construed to authorize
				the Secretary to establish or require a particular formulary.
							(B)ConstructionSubparagraph
				(A) shall not be construed as affecting the Secretary’s authority to ensure
				appropriate and adequate access to covered part D drugs under prescription drug
				plans and under MA–PD plans, including compliance of such plans with formulary
				requirements under section 1860D–4(b)(3).
							(3)ConstructionNothing
				in this subsection shall be construed as preventing the sponsor of a
				prescription drug plan, or an organization offering an MA–PD plan, from
				obtaining a discount or reduction of the price for a covered part D drug below
				the price negotiated under paragraph (1).
						(4)Semi-annual
				reports to congressNot later than June 1, 2011, and every 6
				months thereafter, the Secretary shall submit to the Committees on Ways and
				Means, Energy and Commerce, and Oversight and Government Reform of the House of
				Representatives and the Committee on Finance of the Senate a report on
				negotiations conducted by the Secretary to achieve lower prices for Medicare
				beneficiaries, and the prices and price discounts achieved by the Secretary as
				a result of such
				negotiations.
						.
			(b)Effective
			 dateThe amendment made by subsection (a) shall take effect on
			 the date of the enactment of this Act and shall first apply to negotiations and
			 prices for plan years beginning on January 1, 2011.


115 HR 5578 IH: Preserving America’s Infrastructure Dollars Act of 2018
U.S. House of Representatives
2018-04-19
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I
115th CONGRESS2d Session
H. R. 5578
IN THE HOUSE OF REPRESENTATIVES

April 19, 2018
Mr. Lewis of Minnesota (for himself, Mr. Aguilar, Mr. Davidson, and Mr. Emmer) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL
To amend title 23, United States Code, to require a life-cycle cost analysis for certain projects, and for other purposes.

1.Short titleThis Act may be cited as the Preserving America’s Infrastructure Dollars Act of 2018 or the PAID Act of 2018. 2.Life-cycle cost analysisSection 106(f) of title 23, United States Code, is amended—
(1)in paragraph (1) by striking the third sentence; and (2)by adding at the end the following:

(3)RequirementOn and after the first day of the first fiscal year beginning after the date of enactment of this paragraph, the Secretary shall require each State to conduct a life-cycle cost analysis for each project of the State that— (A)receives Federal financial assistance pursuant to this title; and
(B)has an estimated total cost of $30,000,000 or more..