1.Short title; table of
contents
(a)This Act may be cited as the Clean
Money, Clean Elections Act of 2009
.
(b)The 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.
<enum>I</enum><header>Clean
Election financing of House election campaigns</header>
<subtitle id="H5A5C47C56F214CCD8F86C7C9651B8C40"><enum>A</enum><header>Clean Election
financing program</header>
<section id="H2ABF4BA4573A4985907CD1DBBFE00FDC"><enum>101.</enum><header>Findings and
declarations</header>
<subsection id="H478D3D149B224D5F94FE82E6AED77D1F"><enum>(a)</enum><header>Undermining of
democracy by campaign contributions from private sources</header><text display-inline="yes-display-inline">The 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—</text>
<paragraph id="H385EDA0A2FDC43CFB6439C99D70D3C6A"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="H718650C35D334577A36B24B774F00DCA"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="H73E5F33BFD9B4F3CA62650ED10D63EB0"><enum>(3)</enum><text>violating the
democratic principle of <quote>one person, one vote</quote> and diminishing the
meaning of the right to vote by allowing monied interests to have a
disproportionate and unfair influence within the political process;</text>
</paragraph><paragraph id="H3845C84386EC4465B7FBC29B9C96B568"><enum>(4)</enum><text>imposing large,
unwarranted costs on taxpayers through legislative and regulatory outcomes
shaped by unequal access to lawmakers for campaign contributors;</text>
</paragraph><paragraph id="H29ABC972A9D5492DBCF71AE2BFB50E1A"><enum>(5)</enum><text>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;</text>
</paragraph><paragraph id="H4A4F68ABB05C47F182ABC5FBCFD568C9"><enum>(6)</enum><text>disadvantaging
challengers, because large campaign contributors tend to donate their money to
incumbent Representatives, thus causing House elections to be less competitive;
and</text>
</paragraph><paragraph id="HD6372165137C49638CA4CFD9816BB648"><enum>(7)</enum><text>burdening
incumbents with a preoccupation with fundraising and thus decreasing the time
available to carry out their public responsibilities.</text>
</paragraph></subsection><subsection id="HADA2788C169444EFAB063315F0A1C068"><enum>(b)</enum><header>Enhancement of
democracy by providing allocations from the House Clean Elections
Fund</header><text>The 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—</text>
<paragraph id="HF0C2C86DD10345F68FFAA2AFCB2BD63B"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="HB3F0E932D4C44E6D9EE495BBF75F05C5"><enum>(2)</enum><text>increasing the
public’s confidence in the accountability of Representatives to the
constituents who elect them;</text>
</paragraph><paragraph id="H258FD98243EC48DAAA0F61C53A65A9FA"><enum>(3)</enum><text>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 <quote>one person,
one vote</quote>;</text>
</paragraph><paragraph id="H4154CD4179DB4FA28FDBC8C6413E09FC"><enum>(4)</enum><text>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;</text>
</paragraph><paragraph id="H594D52A3FFBE4BC193E746E7DECBE762"><enum>(5)</enum><text>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</text>
</paragraph><paragraph id="H1BAF0C8DDA8A4C03BEC3078C29AB7045"><enum>(6)</enum><text>freeing
Representatives from the incessant preoccupation with raising money, and
allowing them more time to carry out their public responsibilities.</text>
</paragraph></subsection></section><section id="HBA60FCDF1069417DAEFAE1F79991D6C8"><enum>102.</enum><header>Eligibility
requirements and benefits of Clean Elections financing of House election
campaigns</header><text display-inline="no-display-inline">The
<act-name parsable-cite="FECA">Federal Election Campaign Act of 1971</act-name>
(2 U.S.C. 431 et seq.) is amended by adding at the end the following:</text>
<quoted-block act-name="Federal Election Campaign Act of 1971" id="H48954786AEF540FABCC39D4054F7AE7A">
<title id="H3845739221674F55AA7C491F563BB851"><enum>V</enum><header>Clean Elections
financing of House election campaigns</header>
<section id="H6BDDA291C14B46B3AFF870B1ABD4634C"><enum>501.</enum><header>Definitions</header><text display-inline="no-display-inline">In this title:</text>
<paragraph id="HCD57275CCC6C4FCCB04367EC1FFFD74A"><enum>(1)</enum><header>Allocation from
the Fund</header><text>The term <term>allocation from the Fund</term> means an
allocation of money from the House Clean Elections Fund to a participating
candidate pursuant to sections 510 and 511.</text>
</paragraph><paragraph id="H35CD7E7A4FE0431CBCF18A0183E828EC"><enum>(2)</enum><header>Clean elections
qualifying period</header><text display-inline="yes-display-inline">The term
<term>clean elections qualifying period</term> 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.</text>
</paragraph><paragraph id="H2C691F8389F54D248C1618D1F3C94A30"><enum>(3)</enum><header>Clean elections
start date</header><text>The term <term>clean elections start date</term>
means, with respect to any candidate, the date that is 180 days before—</text>
<subparagraph id="HB316627A09A94AE09A597A7A90BAC3FE"><enum>(A)</enum><text>the date of the
primary election; or</text>
</subparagraph><subparagraph id="H2ED2F3F01D254AE9898E9E9EC78E8B2D"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="HDC9DB57F04B844DABD9A0C5A0DDCCF07"><enum>(4)</enum><header>Fund</header><text>The
term <term>Fund</term> means the House Clean Elections Fund established by
section 502.</text>
</paragraph><paragraph id="H1A1F742220FC4CD4A236E7BAA8A9AA9F"><enum>(5)</enum><header>General election
period</header><text display-inline="yes-display-inline">The term <term>general
election period</term> 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—</text>
<subparagraph id="H0ADB764C828141C881266B1F57317E94"><enum>(A)</enum><text display-inline="yes-display-inline">the date of the general election; or</text>
</subparagraph><subparagraph id="HD59565FDA64B4A4A95BAE3DCD3167E5E"><enum>(B)</enum><text display-inline="yes-display-inline">the date on which the candidate withdraws
from the campaign or otherwise ceases actively to seek election.</text>
</subparagraph></paragraph><paragraph id="HE734935BB9F7493083D323B56BBE5913"><enum>(6)</enum><header>General runoff
election period</header><text display-inline="yes-display-inline">The term
<term>general runoff election period</term> 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.</text>
</paragraph><paragraph commented="no" id="HF1BF4A17361449F5A16F376E22A41932"><enum>(7)</enum><header>Immediate
family</header><text>The term <term>immediate family</term> means, with respect
to any candidate—</text>
<subparagraph commented="no" id="H30499798C1B949C9923469575BC0CAC7"><enum>(A)</enum><text>the candidate’s
spouse;</text>
</subparagraph><subparagraph commented="no" id="H22E725C274C14D08887225EA790FB737"><enum>(B)</enum><text>a child,
stepchild, parent, grandparent, brother, half-brother, sister, or half-sister
of the candidate or the candidate’s spouse; and</text>
</subparagraph><subparagraph commented="no" id="HD0DA34C1B164435CA203DD55941898AE"><enum>(C)</enum><text>the spouse of any
person described in subparagraph (B).</text>
</subparagraph></paragraph><paragraph id="H4037D179B44D454AB207982267043BE1"><enum>(8)</enum><header>Independent
candidate</header><text>The term <term>independent candidate</term> means a
candidate for Representative who is—</text>
<subparagraph id="HF2A05A67EAD84F7BB2BF891F7721583D"><enum>(A)</enum><text>not affiliated
with any political party; or</text>
</subparagraph><subparagraph commented="no" id="HBF1441F5AB4F44A18F24CC57ACF74976"><enum>(B)</enum><text>affiliated with a
political party that—</text>
<clause commented="no" id="HE831D304E33A4B289429C0CE4CD705C2"><enum>(i)</enum><text>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</text>
</clause><clause commented="no" id="HEB1D7A5DF425471680A4CE05B871E81D"><enum>(ii)</enum><text>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.</text>
</clause></subparagraph></paragraph><paragraph id="H797AB71D1ECD4E8AB9835CBC8F72CDF0"><enum>(9)</enum><header>Major party
candidate</header>
<subparagraph id="H1BBB695437CA4E90B3DD5925F2782CF7"><enum>(A)</enum><header>In
general</header><text>The term <term>major party candidate</term> means a
candidate for Representative who is affiliated with a major political
party.</text>
</subparagraph><subparagraph id="H057FB097F7D6430E962B1DDD7A7CEADD"><enum>(B)</enum><header>Major political
party</header><text>The term <term>major political party</term> 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.</text>
</subparagraph></paragraph><paragraph id="H99445B3C9C014FECA66629FAE583E374"><enum>(10)</enum><header>Minor party
candidate</header><text>The term <term>minor party candidate</term> means a
candidate for Representative who is affiliated with a political party
that—</text>
<subparagraph commented="no" id="HA3B3635568DA4575A40CF4BB821C594A"><enum>(A)</enum><text>holds a primary
for House nominations; and</text>
</subparagraph><subparagraph commented="no" id="H0BF7661C4B1E468BA7A8D9327488B071"><enum>(B)</enum><text>is not a major
political party.</text>
</subparagraph></paragraph><paragraph id="H3A18D5A69FC44B20A8B034D94189DEDA"><enum>(11)</enum><header>Nonparticipating
candidate</header><text>The term <term>nonparticipating candidate</term> means
a candidate for Representative or Delegate or Resident Commissioner to the
Congress who is not a participating candidate.</text>
</paragraph><paragraph id="H3A21524855EF431089AEE7B513AE85D3"><enum>(12)</enum><header>Participating
candidate</header><text>The term <term>participating candidate</term> means a
candidate for Representative who is certified under section 507 as being
eligible to receive an allocation from the Fund.</text>
</paragraph><paragraph id="H2696BB7092054F02979242A659CE9EB5"><enum>(13)</enum><header>Primary
election period</header><text display-inline="yes-display-inline">The term
<term>primary election period</term> 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.</text>
</paragraph><paragraph id="HEB251422087742E9922D6C7DD7AC25AA"><enum>(14)</enum><header>Primary
election runoff period</header><text display-inline="yes-display-inline">The
term <term>primary election runoff period</term> 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.</text>
</paragraph><paragraph id="H8E789B6B7081421C87AFBC7F75EDC333"><enum>(15)</enum><header>Qualifying
contribution</header><text>The term <term>qualifying contribution</term> means,
with respect to a candidate, a contribution that—</text>
<subparagraph id="H9D31DA8E9B2B477597B9E68032AF5A83"><enum>(A)</enum><text>is in the amount
of $5 exactly;</text>
</subparagraph><subparagraph id="HF843FF2D18EE4808911524B01496936C"><enum>(B)</enum><text>is made by an
individual who—</text>
<clause id="H3B0402F2299D4BBD8FAB3F969C3017C7"><enum>(i)</enum><text>is
a resident of the State with respect to which the candidate is seeking
election; and</text>
</clause><clause id="H25C57BA23521496CB05C9E6B99DD3C72"><enum>(ii)</enum><text>is not prohibited
from making a contribution under this Act;</text>
</clause></subparagraph><subparagraph id="H8CFC0C4364C64080B53460B99AAF1A7E"><enum>(C)</enum><text>is made during the
clean elections qualifying period; and</text>
</subparagraph><subparagraph id="H81D74B16258B446BB3A4BDAB0C23EADF"><enum>(D)</enum><text>meets the
requirements of section 505(c).</text>
</subparagraph></paragraph><paragraph id="HB1A473CA6CFB4E738BEDD3DE991A6C2D"><enum>(16)</enum><header>Representative</header><text>The
term <term>Representative</term> includes a Delegate or Resident Commissioner
to the Congress.</text>
</paragraph><paragraph id="HF3541F75A0D941AE8F58E5234A1ED06A"><enum>(17)</enum><header>Seed money
contribution</header><text>The term <term>seed money contribution</term> means
a contribution or contributions by any 1 individual—</text>
<subparagraph id="HAD77AA10B47042D1B2FD4D6480C8D490"><enum>(A)</enum><text>aggregating not
more than $100; and</text>
</subparagraph><subparagraph id="H55F3EF50EC784B3AB9FBD42270E79F29"><enum>(B)</enum><text>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).</text>
</subparagraph></paragraph><paragraph id="H3C3C4A7BE1D54EF488D7270CA466DC9F"><enum>(18)</enum><header>State</header><text>The
term <term>State</term> includes the District of Columbia, Puerto Rico, the
Virgin Islands, American Samoa, and Guam.</text>
</paragraph></section><section id="HA57D83C49AAD4E25A352BD8D634F36A9"><enum>502.</enum><header>House Clean
Elections Fund</header>
<subsection id="HDCC8F0B24EB44108AEA3C4080A7E722E"><enum>(a)</enum><header>Establishment</header><text>There
is established in the Treasury a fund to be known as the <quote>House Clean
Elections Fund</quote>.</text>
</subsection><subsection id="H427B47272860454CA2FD12C74AC01802"><enum>(b)</enum><header>Deposits</header><text display-inline="yes-display-inline">The 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.</text>
</subsection><subsection id="H927D1B6B951445CE808CB2239C7429D9"><enum>(c)</enum><header>Investment</header><text>The
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.</text>
</subsection><subsection id="HFB672CC1967242DC8EF342FB495605A1"><enum>(d)</enum><header>Use of
Fund</header>
<paragraph id="HE0D51A80875B428383BF878AC88F2C33"><enum>(1)</enum><header>In
general</header><text>The sums in the House Clean Elections Fund shall be used
to make allocations to participating candidates in accordance with sections 510
and 511.</text>
</paragraph><paragraph id="H9FFD6C40397647448D848D57A3F0CBF1"><enum>(2)</enum><header>Insufficient
amounts</header><text>Under regulations established by the Commission, rules
similar to the rules of section 9006(c) of the Internal Revenue Code shall
apply.</text>
</paragraph></subsection></section><section id="HB40461B3343649359121639118699B57"><enum>503.</enum><header>Eligibility for
allocations from the Fund</header>
<subsection id="H0B8E7A31859144E2AD9C81AB48AFDB4A"><enum>(a)</enum><header>In
general</header><text>A candidate for Representative is eligible to receive an
allocation from the Fund for any election if the candidate meets the following
requirements:</text>
<paragraph id="HF58B58D11B3B467EA160DC31DEEC8432"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="H5494B0BE47134F5BB1D6C81EF77BF526"><enum>(2)</enum><text>The candidate has
complied with the seed money contribution requirements of section 504.</text>
</paragraph><paragraph id="HB80C444330F84FA782FCFCAAAFE6B68F"><enum>(3)</enum><text>The candidate
meets the qualifying contribution requirements of section 505.</text>
</paragraph><paragraph id="HA907B9307AF34385A03899BE82F42412"><enum>(4)</enum><text>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—</text>
<subparagraph id="H7CB4B853A3F64B86A0C94577EAF7FC7C"><enum>(A)</enum><text>has complied and,
if certified, will comply with the contribution and expenditure requirements of
section 506;</text>
</subparagraph><subparagraph id="H0F29A6C364384823A7D5C0C98199AF36"><enum>(B)</enum><text>if certified, will
not run as a nonparticipating candidate during such year in any election for
the office that such candidate is seeking; and</text>
</subparagraph><subparagraph id="HF07F38D3C48741AA95B4C534995F1C4A"><enum>(C)</enum><text>has either
qualified or will take steps to qualify under State law to be on the
ballot.</text>
</subparagraph></paragraph></subsection><subsection id="H4C2E09734ACB42958EB0AAE6C01CD627"><enum>(b)</enum><header>General
election</header><text>Notwithstanding 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.</text>
</subsection></section><section id="HCCF5E6472A1E44D8B47643E23F9C2550"><enum>504.</enum><header>Seed money
contribution requirement</header><text display-inline="no-display-inline">A
candidate for Representative meets the seed money contribution requirements of
this section if the candidate meets the following requirements:</text>
<paragraph commented="no" id="HCB19708B284A4D4F8110A2C5BB70BD1A"><enum>(1)</enum><header>Separate
accounting</header><text>The candidate maintains seed money contributions in a
separate account.</text>
</paragraph><paragraph id="H117562916994471594B5170E6ECDF76C"><enum>(2)</enum><header>Limitation on
amount</header><text>The 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.</text>
</paragraph><paragraph id="H6D2414798FC243CEA6EBD160CBE90F41"><enum>(3)</enum><header>Use of seed
money</header><text>The candidate makes expenditures from seed money
contributions only for campaign-related costs.</text>
</paragraph><paragraph id="H849FBE8808BB4944A124366DACDDF69D"><enum>(4)</enum><header>Records</header><text>The
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.</text>
</paragraph><paragraph id="H4109E834345B47A19133A266E45A8956"><enum>(5)</enum><header>Report</header><text>Unless
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.</text>
</paragraph><paragraph id="HF42D2E940ABF4709A9357DBEC5E1BBBD"><enum>(6)</enum><header>Time to accept
seed money contributions</header><text display-inline="yes-display-inline">A
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).</text>
</paragraph><paragraph id="H2CEC748EEE9A4BC6A4B63AE699BADED2"><enum>(7)</enum><header>Deposit of
unspent seed money contributions</header><text display-inline="yes-display-inline">A 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.</text>
</paragraph></section><section id="H0F69A7C4C352424B8CF30E2D3C86B784"><enum>505.</enum><header>Qualifying
contribution requirement</header>
<subsection id="H3BA59A968C274D579A3B7F3A51C2C017"><enum>(a)</enum><header>Major Party
Candidates and Certain Independent Candidates</header><text display-inline="yes-display-inline">The 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.</text>
</subsection><subsection id="HCEDECA8DC72E4501BE5CDDD3119398F5"><enum>(b)</enum><header>Other
Candidates</header><text display-inline="yes-display-inline">The 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).</text>
</subsection><subsection id="H33C14D12BA254C6FAEB8EDD170486C0D"><enum>(c)</enum><header>Receipt of
Qualifying Contribution</header><text>A qualifying contribution shall—</text>
<paragraph id="HD269D4881F444F07B3ACF2005244AE38"><enum>(1)</enum><text>be accompanied by
the contributor’s name and home address;</text>
</paragraph><paragraph id="H67E45434924145D7AEAB5937AE986358"><enum>(2)</enum><text>be accompanied by
a signed statement that the contributor understands the purpose of the
qualifying contribution;</text>
</paragraph><paragraph id="H5008693D6D6440B18A23AF66475620FF"><enum>(3)</enum><text display-inline="yes-display-inline">be made by a personal check, debit card,
credit card, or money order payable to the House Clean Elections Fund or by
cash; and</text>
</paragraph><paragraph id="HFCE5FCDE55544E4A98B6B78E5C6D8103"><enum>(4)</enum><text>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.</text>
</paragraph></subsection><subsection commented="no" id="H51BE2FD63FFB4B4484CD7D1E3D5C92A4"><enum>(d)</enum><header>Deposit of
qualifying contributions in House Clean Elections Fund</header>
<paragraph commented="no" id="H05C050DDE5604C7880448BEC9899FA6C"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">Not 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.</text>
</paragraph><paragraph id="HB0B5E3859CD34960B065F1DFFBDDA1DE"><enum>(2)</enum><header>Candidates that
are not certified</header><text display-inline="yes-display-inline">Not 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.</text>
</paragraph></subsection><subsection commented="no" id="H355151E93F414F7AA1336DBC08AB35DA"><enum>(e)</enum><header>Verification of
qualifying contributions</header><text>The 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.</text>
</subsection></section><section id="H36380F1EB5134CA2887F504ABA2C69C5"><enum>506.</enum><header>Contribution
and expenditure requirements</header><text display-inline="no-display-inline">A
candidate for Representative meets the requirements of this section if, during
the election cycle of the candidate, the candidate—</text>
<paragraph id="H0BF510E7DECF4ED0BB11E212E24A1C42"><enum>(1)</enum><text>except as provided
in subsection (b), accepts no contributions other than—</text>
<subparagraph id="HEA6EF410DF8F4F718AF058CDC3E7F874"><enum>(A)</enum><text>seed money
contributions;</text>
</subparagraph><subparagraph id="H18D7DD08EBE64F0DAB8931A60E5A04EF"><enum>(B)</enum><text>qualifying
contributions made payable to the House Clean Elections Fund; and</text>
</subparagraph><subparagraph id="H7E42FF73B8734C369E7C5CFA06FE3CCA"><enum>(C)</enum><text>allocations from
the House Clean Elections Fund under sections 510 and 511;</text>
</subparagraph></paragraph><paragraph id="H3F14C2D91D52416E960ED3885F5C64B4"><enum>(2)</enum><text>makes no
expenditures from any amounts other than from—</text>
<subparagraph id="HFA838BB2A0C94232A1FD3C1A6DF50DCA"><enum>(A)</enum><text>amounts received
from seed money contributions; and</text>
</subparagraph><subparagraph id="H722AD582209244EDB6475E52CD893BFB"><enum>(B)</enum><text>amounts received
from the House Clean Elections Fund; and</text>
</subparagraph></paragraph><paragraph commented="no" id="HA606242369434771BDE0A8AFD5C7933B"><enum>(3)</enum><text>makes no
expenditures from personal funds or the funds of any immediate family member
(other than funds received through seed money contributions).</text>
</paragraph><continuation-text continuation-text-level="section">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.</continuation-text></section><section id="H86BD6A51407A4BB3B58C54C1BCCA7B6C"><enum>507.</enum><header>Certification
by Commission</header>
<subsection id="H1145C6D406ED495D936B250F39BD721D"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">Not later than 5 days
after a candidate for Representative files an affidavit under section
503(a)(4), the Commission shall—</text>
<paragraph id="HD90D685951A84FF9AF8000E8BCB2FCC8"><enum>(1)</enum><text>determine whether
the candidate meets the eligibility requirements of section 503;</text>
</paragraph><paragraph id="HFEA7EE275CFF4EFD93F288E9A79AF1BD"><enum>(2)</enum><text>certify whether or
not the candidate is a participating candidate; and</text>
</paragraph><paragraph id="HCF4641506C6046E3BEF6E49C0EA224CA"><enum>(3)</enum><text>notify the
candidate of the Commission's determination.</text>
</paragraph></subsection><subsection id="H786B4F1E7CB0430C84593F66D457A317"><enum>(b)</enum><header>Revocation of
certification</header>
<paragraph id="H1EB98234C5424155B6683684E00DB505"><enum>(1)</enum><header>In
general</header><text>The Commission may revoke a certification under
subsection (a) if—</text>
<subparagraph id="H140EF507A03C48A99A94BFCB738436D2"><enum>(A)</enum><text>a candidate fails
to qualify to appear on the ballot at any time after the date of certification;
or</text>
</subparagraph><subparagraph id="H55E5790AD1F44AAF9C24D61435B2D622"><enum>(B)</enum><text>a candidate
otherwise fails to comply with the requirements of this title.</text>
</subparagraph></paragraph><paragraph id="H9EECC27BE7CE4F4EBB66249787131262"><enum>(2)</enum><header>Repayment of
benefits</header><text>If 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.</text>
</paragraph></subsection></section><section id="H9C6FDD6B21CA4CAC9DF1D71C93A54F38"><enum>508.</enum><header>Benefits for
participating candidates</header>
<subsection id="H7840E74A23C34DFCB586E78B4073A64E"><enum>(a)</enum><header>In
general</header><text>A participating candidate shall be entitled to—</text>
<paragraph id="H7A324B6C9244412DA49E4CA3313D4AE6"><enum>(1)</enum><text>for each election
with respect to which a candidate is certified as a participating
candidate—</text>
<subparagraph id="HCCA1E1D73A9941A5B5D153B2BC3D1161"><enum>(A)</enum><text>an allocation from
the Fund to make or obligate to make expenditures with respect to such
election, as provided in section 510;</text>
</subparagraph><subparagraph id="H1A38642EB4534DEEBF10FCAF8E261B0E"><enum>(B)</enum><text>fair fight funds,
as provided in section 511; and</text>
</subparagraph></paragraph><paragraph id="H351F6075FEE4470FA780FF8715EED7C4"><enum>(2)</enum><text>media benefits
under section 315 of the <act-name parsable-cite="CA34">Communications Act of
1934</act-name> (47 U.S.C. 315).</text>
</paragraph></subsection><subsection id="H9D0B9AEDC8924E6F958D2AE455839188"><enum>(b)</enum><header>Restriction on
uses of allocations from the Fund</header><text>Allocations from the Fund
received by a participating candidate under sections 510 and 511 may only be
used for campaign-related costs.</text>
</subsection><subsection id="H67E81262AAB64BEE81F0849800BDD5B3"><enum>(c)</enum><header>Remitting
allocations from the Fund</header><text>Not 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.</text>
</subsection></section><section id="H16FC1A8C0A4E4667A46CDA6B9B82D75E"><enum>509.</enum><header>Allocations
from the Fund</header>
<subsection id="HA13AF8EBD28341F7A4240BEA1B82FD9A"><enum>(a)</enum><header>In
general</header><text>The Commission shall make allocations from the Fund under
section 508(a)(1)(A) to a participating candidate—</text>
<paragraph id="H090A80D61AF1428F87CD41C25BBB6D62"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="HA6EFDA5B63BF4F6DB9625B087162FE4D"><enum>(2)</enum><text>in the case of a
general election, not later than 48 hours after—</text>
<subparagraph id="H0EC235CF575942F5B382C4C126DF0B1A"><enum>(A)</enum><text>the date the
certification of the results of the primary election or the primary runoff
election; or</text>
</subparagraph><subparagraph id="H07840545C05341D294DD02A36E168F48"><enum>(B)</enum><text>in any case in
which there is no primary election, the date the candidate qualifies to be
placed on the ballot; and</text>
</subparagraph></paragraph><paragraph id="HF79E0E3FE7624B95858F9271D86FDFFD"><enum>(3)</enum><text>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.</text>
</paragraph></subsection><subsection id="HE0E9D415104E48AEAF90FA3B2CE165C2"><enum>(b)</enum><header>Method of
payment</header><text>The Commission shall distribute funds available to
participating candidates under this section through the use of an electronic
funds exchange or a debit card.</text>
</subsection><subsection id="H22AAA7E59009493F95563798DECAAA91"><enum>(c)</enum><header>Money
Amounts</header>
<paragraph id="H11B683AE6A0E43AA9240723A83476A6C"><enum>(1)</enum><header>In
general</header><text>Except 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.</text>
</paragraph><paragraph id="HC5CAA67E43EC4B7CB81FB9AD259A8C89"><enum>(2)</enum><header>Reduction for
uncontested elections</header><text>If 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).</text>
</paragraph><paragraph id="H6D75D035DA46476B86683A07CD40196E"><enum>(3)</enum><header>Definitions</header>
<subparagraph id="H3D328395CCBE45EA8934AEFE4346CDAA"><enum>(A)</enum><header>Applicable
percentage</header><text>In this subsection, the <quote>applicable
percentage</quote> is as follows:</text>
<clause id="H199351032508440C8B0612B5E462A4E9"><enum>(i)</enum><text>25
percent, in the case of a minor party or independent candidate in a primary
election.</text>
</clause><clause id="H0345FDBE01164D2BB9FCBB1561507CA7"><enum>(ii)</enum><text>40 percent, in
the case of a major party candidate in a primary election.</text>
</clause><clause id="H26C20F98A4BE4E7787B2D13B921E2C68"><enum>(iii)</enum><text>60 percent, in
the case of any candidate in a general election.</text>
</clause></subparagraph><subparagraph id="HC726C9C7A2544433A707489C91933C5F"><enum>(B)</enum><header>Base
amount</header><text>In 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.</text>
</subparagraph></paragraph><paragraph commented="no" id="HD69BEBAB9CB149188BB6A022C039321F"><enum>(4)</enum><header>Adjustment by
media market</header>
<subparagraph commented="no" id="H4CCA3BA3017849FD8DEA88A1485F513F"><enum>(A)</enum><header>In
general</header><text>The Commission, in consultation with the Federal
Communications Commission, shall establish an index reflecting the costs of the
media markets in each State.</text>
</subparagraph><subparagraph commented="no" id="HCA52720AE38E4310A53B3EB6AA7706F9"><enum>(B)</enum><header>Adjustment</header><text>At
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).</text>
</subparagraph></paragraph></subsection></section><section id="H0E78C71843924409873AF94739A3BA2C"><enum>510.</enum><header>Payment of fair
fight funds</header>
<subsection id="H0A81B449179C49639DD16D354FCAC0DD"><enum>(a)</enum><header>Determination of
right to payment</header>
<paragraph id="H593AD66B5DEA48B4AEED851782A7D75E"><enum>(1)</enum><header>In
general</header><text>The Commission shall, on a regular basis, make a
determination on—</text>
<subparagraph id="HEEE266F7430E421E8E9D9F7A3C682779"><enum>(A)</enum><text>the amount of
opposing funds with respect to each participating candidate, and</text>
</subparagraph><subparagraph id="H9091754CE62C4A9BA120F807413E6870"><enum>(B)</enum><text>the applicable
amount with respect to each participating candidate.</text>
</subparagraph></paragraph><paragraph id="H1839ABF3420D4C9BB9D3F0EF3E1C4A25"><enum>(2)</enum><header>Basis of
determinations</header><text>The Commission shall make determinations under
paragraph (1) based on—</text>
<subparagraph id="H2BC81207DB364E77B5C5618665BD1794"><enum>(A)</enum><text>reports filed by
the relevant opposing candidate under section 304(a) with respect to amounts
described in subsection (c)(1)(A)(i)(I); and</text>
</subparagraph><subparagraph id="HB81D587890324635B722D5A8C72538E3"><enum>(B)</enum><text>reports filed by
political committees under section 304(a) and by other persons under section
304(c) with respect to—</text>
<clause id="HB679EB8653A34A8E8E9806DC937EFF5F"><enum>(i)</enum><text>opposing funds
described in clauses (ii)(I) and (iii)(I) of subsection (c)(1)(A); and</text>
</clause><clause id="H292C835C4F9F42DA8E42A3E757EEA36F"><enum>(ii)</enum><text>applicable
amounts described in subparagraphs (B)(i) and (C)(i) of subsection
(b)(2).</text>
</clause></subparagraph></paragraph><paragraph id="H92BDF08F46E944F4BF97DBA4486679FB"><enum>(3)</enum><header>Requests for
determination relating to certain electioneering communications</header>
<subparagraph id="H132FCFFC97F54777ABA1D8A13DB5C408"><enum>(A)</enum><header>In
general</header><text>A participating candidate may request to the Commission
to make a determination under paragraph (1) with respect to any relevant
opposing candidate with respect to—</text>
<clause id="H8BDC91ABC33B42428C3610E56A416F7D"><enum>(i)</enum><text>opposing funds
described in clauses (ii)(II) and (iii)(II) of subsection (c)(1)(A); and</text>
</clause><clause id="H5756D4EB756D4EECAF0CA3C3EFF985E7"><enum>(ii)</enum><text>applicable
amounts described in subparagraphs (B)(ii) and (C)(ii) of subsection
(b)(2).</text>
</clause></subparagraph><subparagraph id="HE87987C267D641F4BECB64C7EE894151"><enum>(B)</enum><header>Time for making
determination</header><text>In the case of any such request, the Commission
shall make such determination and notify the participating candidate of such
determination not later than—</text>
<clause id="H2DFAD44E1286418080FCEE1680EAEC9D"><enum>(i)</enum><text>24
hours after receiving such request during the 3-week period ending on the date
of the election, and</text>
</clause><clause id="H249C2701D1E446849E4D991FF666400A"><enum>(ii)</enum><text>48 hours after
receiving such request at any other time.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H9E7308AAE9B14CB5B974A3ED4F3C501D"><enum>(b)</enum><header>Payments</header>
<paragraph id="HC38274981BCA439F97B635323C6C6BC1"><enum>(1)</enum><header>In
general</header><text>The 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—</text>
<subparagraph id="HFB87EF295F0643FFBDE975CD0B9E7071"><enum>(A)</enum><text>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</text>
</subparagraph><subparagraph id="H8B2F5D61533046C5AFF1530A889FC64F"><enum>(B)</enum><text>not later than 24
hours after making such determination at any other time.</text>
</subparagraph></paragraph><paragraph id="HFFF96260950841E18BB373CBBDC64F3F"><enum>(2)</enum><header>Applicable
amount</header><text>For purposes of this section, the applicable amount is an
amount equal to the sum of—</text>
<subparagraph id="H18DA61E8CCA64C7D8765C7C652EBC535"><enum>(A)</enum><text>the sum of—</text>
<clause id="HFA40A4B90D784FC78C3F09829524D5BE"><enum>(i)</enum><text>the amount of seed
money contribution received by the participating candidate; plus</text>
</clause><clause id="HE652575BA20D4ABFADFD4987BBB5C075"><enum>(ii)</enum><subclause commented="no" display-inline="yes-display-inline" id="H09D31E62BE50419DBD10719FA84076A0"><enum>(I)</enum><text>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</text>
</subclause><subclause id="HD1D7D996BF5F4B07BF74846093DE00BF" indent="up1"><enum>(II)</enum><text>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</text>
</subclause></clause></subparagraph><subparagraph id="H33508C429F4D4552A1A463D56E56814C"><enum>(B)</enum><text>the amount of fair
fight funds previously provided to the participating candidate under this
subsection for the election.</text>
</subparagraph></paragraph><paragraph id="H1DC7605D0EBC4BC1B3F2526DAA67093C"><enum>(3)</enum><header>Limits on amount
of payment</header><text>The 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).</text>
</paragraph></subsection><subsection id="HD3CCB07D52E843B6A00FAF05304222AE"><enum>(c)</enum><header>Definitions</header><text>For
purposes of this section—</text>
<paragraph id="H508ABD0DCAC341A483FA044889BE4BD5"><enum>(1)</enum><header>Opposing
funds</header>
<subparagraph id="H36874F02861344DF98997D173DA42C82"><enum>(A)</enum><header>In
general</header><text>The term <term>opposing funds</term> means, with respect
to any participating candidate for any election, the sum of—</text>
<clause commented="no" id="H561A488512504CC680FD303AC35A36EB"><enum>(i)</enum><subclause commented="no" display-inline="yes-display-inline" id="HDEED2B4B2B04498FA074226BCF140564"><enum>(I)</enum><text>the greater of the total
contributions received by the relevant opposing candidate or the total
expenditures made by such relevant opposing candidate; or</text>
</subclause><subclause commented="no" id="H6637EDCC885B42D7ADC96CCC3AEAC921" indent="up1"><enum>(II)</enum><text>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;</text>
</subclause></clause><clause id="HC7AADA9F844F41488DE69151BEE6F1D3"><enum>(ii)</enum><text>the sum
of—</text>
<subclause id="H0DC9E338D7C54DD3A8AF0E7283400E84"><enum>(I)</enum><text>the amount of
independent expenditures made advocating the election of such relevant opposing
candidate; plus</text>
</subclause><subclause id="HA9E0884EB5684445A06651905B0DDF7E"><enum>(II)</enum><text>the amount of
disbursements for electioneering communications which promote or support such
relevant opposing candidate; plus</text>
</subclause></clause><clause id="H3D14B403D5854B3DB5F03B3B8B0E03FB"><enum>(iii)</enum><text>the sum
of—</text>
<subclause id="HB1C4EAA54B5F45069A6B76BBD2621144"><enum>(I)</enum><text>the amount of
independent expenditures made advocating the defeat of such participating
candidate; plus</text>
</subclause><subclause commented="no" id="H7AE5B254446848BE81FF837516A6306C"><enum>(II)</enum><text>the amount of
disbursements for electioneering communications which attack or oppose such
participating candidate.</text>
</subclause></clause></subparagraph></paragraph><paragraph id="H567BB456037A4311B8FBC03883044937"><enum>(2)</enum><header>Relevant
opposing candidate</header><text>The term <term>relevant opposing
candidate</term> 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.</text>
</paragraph><paragraph id="H6DCAE7CAA237482399A804BE008069D4"><enum>(3)</enum><header>Electioneering
communication</header><text>The term <term>electioneering communication</term>
has the meaning given such term under section 304(f)(3), except that
subparagraph (A)(i)(II)(aa) thereof shall be applied by substituting
<quote>30</quote> for <quote>60</quote>.</text>
</paragraph></subsection></section><section id="H8E4A5CE3DD5F443E85101E39DD78CA47"><enum>511.</enum><header>Administration
of the House Clean Elections system</header>
<subsection id="HCE0F0D6799B547FDAA063868F75D8CFF"><enum>(a)</enum><header>Regulations</header><text>The
Commission shall prescribe regulations to carry out the purposes of this title,
including regulations—</text>
<paragraph id="H5074D4B4934540F79ED70F1C17BFE2F7"><enum>(1)</enum><text>to establish
procedures for—</text>
<subparagraph id="HCD718B1DAC7C410BA078063169B651E9"><enum>(A)</enum><text>verifying the
amount of valid qualifying contributions with respect to a candidate;</text>
</subparagraph><subparagraph id="H1B94F4E866784CED86EEFB6ADDBE9BB5"><enum>(B)</enum><text>effectively and
efficiently monitoring and enforcing the limits on the use of personal funds by
participating candidates;</text>
</subparagraph><subparagraph id="HFE3B83AAF8CE402F96197C135AA01133"><enum>(C)</enum><text>the expedited
payment of fair fight funds during the 3-week period ending on the date of the
election;</text>
</subparagraph><subparagraph id="HC969C3A26E3A45868BB006160CCDA2AE"><enum>(D)</enum><text>monitoring the use
of allocations from the Fund under this title through audits or other
mechanisms; and</text>
</subparagraph><subparagraph id="HA147B6B3D0934874A261FD056BB5391D"><enum>(E)</enum><text>returning unspent
disbursements and disposing of assets purchased with allocations from the
Fund;</text>
</subparagraph></paragraph><paragraph id="H3479CDE13A7F4E60B9732EA1A5440FD8"><enum>(2)</enum><text>providing for the
administration of the provisions of this title with respect to special
elections;</text>
</paragraph><paragraph id="HFB3FCA68D1ED41BF852FDC6885B9B3EE"><enum>(3)</enum><text>pertaining to the
replacement of candidates; and</text>
</paragraph><paragraph id="H71B1CB9C783742289281CB75038C7DED"><enum>(4)</enum><text>for attributing
expenditures to specific elections for the purposes of calculating opposing
funds.</text>
</paragraph></subsection><subsection id="H2FEB41864E2E4435B27CE77E7BC468BF"><enum>(b)</enum><header>Operation of
Commission</header><text>The 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.</text>
</subsection><subsection id="HBBB291AC4F0644ADAB27CA647FD077CE"><enum>(c)</enum><header>Reports</header><text>Not
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.</text>
</subsection></section><section id="H5FA3B7EF1A1741239E43C981002F8F6B"><enum>512.</enum><header>Violations and
penalties</header>
<subsection id="HB8212D8A05554257865C32076871ADE9"><enum>(a)</enum><header>Civil penalty
for violation of contribution and expenditure requirements</header><text display-inline="yes-display-inline">If 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.</text>
</subsection><subsection commented="no" id="H8100BFAF49F94C0389609643554BA6FD"><enum>(b)</enum><header>Repayment for
improper use of Clean Elections Fund</header>
<paragraph commented="no" id="H61679BA884D34FEABA6BEC9D537B7C91"><enum>(1)</enum><header>In
general</header><text>If 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—</text>
<subparagraph commented="no" id="H723F596F84AE4F38AC529B16C66FE8C0"><enum>(A)</enum><text>the amount of
benefits so used or not remitted, as appropriate, and</text>
</subparagraph><subparagraph commented="no" id="HA6B2D8E801DA4807938026E91DE5F9F2"><enum>(B)</enum><text>interest on any
such amounts (at a rate determined by the Commission).</text>
</subparagraph></paragraph><paragraph commented="no" id="HD7AC4D5717214516A49CD133E4F18592"><enum>(2)</enum><header>Other action not
precluded</header><text>Any 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.</text>
</paragraph></subsection></section><section id="HE6C139CE766D4105B8193508EE7C52A6"><enum>513.</enum><header>Authorization
of Appropriations</header><text display-inline="no-display-inline">There are
authorized to be appropriated to the House Clean Elections Fund such sums as
are necessary to carry out this
title.</text>
</section>.
103.Reporting
requirements for nonparticipating candidates
(a)Section 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)
(A)Each 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)For 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)
(A)In 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)Each 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)For
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)Section 315(d)(3) of
the Federal Election Campaign Act of
1971 (2 U.S.C. 441a(d)) is amended—
(1)by redesignating subparagraphs (A) and (B)
as subparagraphs (B) and (C), respectively; and
(2)by inserting before subparagraph (B), as
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)Subparagraph (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)Section 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.Section 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)Notwithstanding 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)The 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)Subpart 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)There 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)
(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)No deduction shall be allowed under this chapter for any
amount for which a credit is allowed under subsection
(a).
.
(b)The 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)The amendments made by this section shall apply to taxable
years beginning after December 31, 2009.
BClean Elections
Review Commission
111.Establishment
of Commission
(a)There
is established a commission to be known as the Clean Elections Review
Commission
(hereafter in this subtitle referred to as the
Commission
).
(b)
(1)Review of clean
elections financing
(A)After 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)In 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)Not
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)
(i)The 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)The
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)
(1)The 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)
(A)The members shall be
individuals who are nonpartisan and, by reason of their education, experience,
and attainments, exceptionally qualified to perform the duties of members of
the Commission.
(B)No
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)Members of the Commission shall be
appointed not later than 60 days after the date of the enactment of this
Act.
(4)A member of the Commission shall be
appointed for a term of 5 years.
(b)A 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)The Commission shall designate a
Chairperson from among the members of the Commission.
113.
(a)
(1)The 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)Four 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)The 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)The
Commission may accept, use, and dispose of gifts or donations of services or
property.
114.
(a)
(1)
(A)Each member, other
than the Chairperson, shall be paid at a rate equal to the daily equivalent of
the minimum annual rate of basic pay prescribed for level IV of the Executive
Schedule under section 5315 of title 5, United States Code, for each day
(including travel time) during which such member is engaged in the performance
of the duties of the Commission.
(B)The 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)Members 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)
(1)The
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)With 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)The 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.
<enum>II</enum><header>Voter
information</header>
<section id="H5DCC05A73383467790E09824E1AFCAC1"><enum>201.</enum><header>Free broadcast
time</header><text display-inline="no-display-inline">Section 315 of the
<act-name parsable-cite="CA34">Communications Act of 1934</act-name> (47 U.S.C.
315) is amended—</text>
<paragraph id="HB388C1B829D9439283D1824DC8A3F6DD"><enum>(1)</enum><text>in subsection (a),
in the third sentence, by striking <quote>within the meaning of this
subsection</quote> and inserting <quote>within the meaning of this subsection
or subsection (c)</quote>;</text>
</paragraph><paragraph id="H5F4F4346B8B640A18380A898AF75CBF3"><enum>(2)</enum><text>by adding at the
end the following:</text>
<quoted-block id="HA1A0C4EED11A4841843FC1DD46D74C66">
<subsection id="HE5332E0D2B9748EBA81415C7000A009D"><enum>(f)</enum><header>Free broadcast
time</header>
<paragraph id="H1E161B328FD94A13BBF9BAA30E0A8259"><enum>(1)</enum><header>Amount of
time</header><text>A clean money candidate shall be entitled to receive—</text>
<subparagraph id="H31DF6A236EB34E92A6AFCB18D52316B5"><enum>(A)</enum><text>30 minutes of free
broadcast time during each of the primary election period and the primary
runoff election period; and</text>
</subparagraph><subparagraph id="H3A939ECF9A974293A214940FACE7A645"><enum>(B)</enum><text>75 minutes of free
broadcast time during the general election period and general runoff election
period.</text>
</subparagraph></paragraph><paragraph id="HD88D6A00A95F407F85BD34F6C0D7A74D"><enum>(2)</enum><header>Time during
which the broadcast is shown</header><text>The broadcast time under paragraph
(1) shall be—</text>
<subparagraph id="H518E0A9B49074F7D86EA082A75D5E995"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="H4548E41F6EE843F2998938B8E79C1BBE"><enum>(B)</enum><text>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</text>
</subparagraph><subparagraph id="HBB075736C2C54846ADE3FE7AD62D602E"><enum>(C)</enum><text>with respect to
any broadcast, such other time to which the candidate and broadcaster may
agree.</text>
</subparagraph></paragraph><paragraph id="H4414DDB8FE8F4C86A2CAC1DDDA34249B"><enum>(3)</enum><header>Maximum required
of any station</header><text>The 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.</text>
</paragraph></subsection><after-quoted-block>;
and</after-quoted-block></quoted-block>
</paragraph><paragraph id="H4E20A82FD6234AC8B2DB77599A68882E"><enum>(3)</enum><text>in subsection
(c)—</text>
<subparagraph id="H915BC27B1D1E4AC3B173AC6B732A559A"><enum>(A)</enum><text>by striking
<quote>and</quote> at the end of paragraph (1);</text>
</subparagraph><subparagraph id="H2BDB40B4A55D4EA3AE53418134AE7D9D"><enum>(B)</enum><text>by striking the
period at the end of paragraph (2) and inserting a semicolon, and by
redesignating that paragraph as paragraph (4);</text>
</subparagraph><subparagraph id="H0F233A47A9CA4194A7E6288C62BF95DB"><enum>(C)</enum><text>by inserting after
paragraph (1) the following:</text>
<quoted-block id="HAB46C1E5AA3F4E75A81C6A7F66DF2486">
<paragraph id="HE806E88FFAA848D68546DFA0802B1F35"><enum>(2)</enum><text>the term
<term>clean money candidate</term> has the meaning given in section 501 of the
<act-name parsable-cite="FECA">Federal Election Campaign Act of
1971</act-name>;</text>
</paragraph><paragraph id="H9B7313E22D4E4678BB722F8EB7E3A568"><enum>(3)</enum><text>the terms
<term>general election period</term> and <term>general runoff election
period</term> have the meaning given in section 501 of the
<act-name parsable-cite="FECA">Federal Election Campaign Act of
1971</act-name>;</text>
</paragraph><after-quoted-block>;
and</after-quoted-block></quoted-block>
</subparagraph><subparagraph id="HAB85861F2CDD4FF2921BA0CDFB157CEA"><enum>(D)</enum><text>by adding at the
end the following:</text>
<quoted-block id="H77FBFFBA5BA24A15A1B3836CED88B35A">
<paragraph id="HD0C5EDBD37A84E7CAC60C68B9ABB7D57"><enum>(5)</enum><text>the term
<term>primary election period</term> has the meaning given in section 501 of
the <act-name parsable-cite="FECA">Federal Election Campaign Act of
1971</act-name>;</text>
</paragraph><paragraph id="H0FDE284F55D54A7091C18C8B9FEC2D77"><enum>(6)</enum><text>the term
<term>private money candidate</term> has the meaning given in section 501 of
the <act-name parsable-cite="FECA">Federal Election Campaign Act of
1971</act-name>; and</text>
</paragraph><paragraph id="HD913EF01A61140C8BEB224A7BF62BC71"><enum>(7)</enum><text>the term
<term>primary runoff election period</term> has the meaning given in section
501 of the <act-name parsable-cite="FECA">Federal Election Campaign Act of
1971</act-name>.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subparagraph></paragraph></section><section display-inline="no-display-inline" id="H68C2ADEEA9F640ECB59D3249C1D11727" section-type="subsequent-section"><enum>202.</enum><header>Broadcast rates and
preemption</header>
<subsection id="H27C1DA23A1604FF3828F3FDC88DAA3AE"><enum>(a)</enum><header>Broadcast
rates</header><text>Section 315(b) of the <act-name parsable-cite="CA34">Communications Act of 1934</act-name> (47 U.S.C. 315(b))
is amended—</text>
<paragraph id="H3003B629CA6D4975B6F907CFB56B8B51"><enum>(1)</enum><text>in paragraph
(1)(A), by striking <quote>paragraph (2)</quote> and inserting
<quote>paragraphs (2) and (3)</quote>; and</text>
</paragraph><paragraph id="H511DA8E521724A1895FF89EFDD2EE2A0"><enum>(2)</enum><text>by adding at the
end the following:</text>
<quoted-block id="H2CA8E6E07E66453798E326D8475218E4">
<paragraph id="H1A951BE70F83462DBFDBC9C87C63D116"><enum>(3)</enum><header>Clean Money
candidates</header><text>In 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—</text>
<subparagraph id="H758C362DC85D4155A79BAA94D1B259DD"><enum>(A)</enum><text>the 30 days
preceding the date of a primary or primary runoff election in which the
candidate is opposed; and</text>
</subparagraph><subparagraph id="H1BD5C2986F974F9EB93B483D0034067E"><enum>(B)</enum><text>the 60 days
preceding the date of a general or special election in which the candidate is
opposed.</text>
</subparagraph></paragraph><paragraph id="H76FCA22BF2014A67979A8505CC09B1CC"><enum>(4)</enum><header>Other House
candidates</header><text>In 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.</text>
</paragraph><paragraph id="H0E88A06C209D44A5B2D6BA6A38273C40"><enum>(5)</enum><header>Rate
cards</header><text>A licensee shall provide to a candidate for Member of or
Delegate or Resident Commissioner to the Congress a rate card that
discloses—</text>
<subparagraph id="H6514A438D5454228B7E5CDEB09B208EF"><enum>(A)</enum><text>the rate charged
under this subsection; and</text>
</subparagraph><subparagraph id="HAEB4466B02524BD6A37ABB0CCF102748"><enum>(B)</enum><text>the method that
the licensee uses to determine the rate charged under this
subsection.</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="H161E6C38349749C59604A7E4AFA6C39B"><enum>(b)</enum><header>Preemption</header><text>Section
315 of such Act (47 U.S.C. 315), as amended by section 201, is amended by
adding at the end the following:</text>
<quoted-block id="H3A96483FEA564F1CB0D31869B879B66F">
<subsection id="H495B74BD20AE4331AA69614B71DB4A50"><enum>(g)</enum><header>Preemption</header>
<paragraph id="H2874D96926BA4156975984E2FB661EB9"><enum>(1)</enum><header>In
general</header><text>Except 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.</text>
</paragraph><paragraph id="H73838CEA00F245AC973E84FC12A815F2"><enum>(2)</enum><header>Circumstances
beyond control of licensee</header><text>If 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.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="H0E81F9456F0242F28EC10E5B1CA9E630"><enum>(c)</enum><header>Revocation of
license for failure To permit access</header><text>Section 312(a)(7) of such
Act (47 U.S.C. 312(a)(7)) is amended—</text>
<paragraph id="H7199D7A3E11E49AFA3DC9A262D2E0090"><enum>(1)</enum><text>by striking
<quote>or repeated</quote>;</text>
</paragraph><paragraph id="H879FBE427A9C48E3B1D15A8EBCBDA279"><enum>(2)</enum><text>by inserting
<quote>or cable system</quote> after <quote>broadcasting station</quote>;
and</text>
</paragraph><paragraph id="H1C987145B97646B3833BDF0173267CF0"><enum>(3)</enum><text>by striking
<quote>his candidacy</quote> and inserting <quote>the candidacy of the
candidate, under the same terms, conditions, and business practices as apply to
the most favored advertiser of the licensee</quote>.</text>
</paragraph></subsection></section><section commented="no" id="H6EA1847673934AFE8276B3AD3EABBBE6"><enum>203.</enum><header>Limit on
Congressional use of the franking privilege</header>
<subsection commented="no" id="HCD6536662557476E91B858969EBCC911"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">Section 3210(a)(6) of
title 39, United States Code, is amended by striking subparagraph (A) and
inserting the following:</text>
<quoted-block id="H51EC32E78386472297A3C2603281E7BE">
<subparagraph commented="no" id="H8209A90C2EAA4B7881206D29424DA540" indent="up2"><enum>(A)</enum><clause commented="no" display-inline="yes-display-inline" id="HF3F09EA199444008979A9DC6F3A61F77"><enum>(i)</enum><text>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.</text>
</clause><clause commented="no" id="H3D87257D467C483799D67D36CEB578EA" indent="up1"><enum>(ii)</enum><text>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—</text>
<subclause commented="no" id="H18CD91E0E5914C82BA518AF36EC9C303"><enum>(I)</enum><text>the purpose of the mailing is to
communicate information about a public meeting; and</text>
</subclause><subclause commented="no" id="H32C507451B024DA3A33FCAEB746BF1E4"><enum>(II)</enum><text>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.</text>
</subclause></clause></subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection commented="no" id="HAD305BFAACA442DB99D154D1F3D32180"><enum>(b)</enum><header>Conforming
amendments</header>
<paragraph commented="no" id="H4AC3B0ACC13942E09EED560F3E8BE124"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph commented="no" id="HB9017F3223784478A70D0A680C9B0D03"><enum>(2)</enum><text>Section
3210(a)(6)(E) of title 39, United States Code, as redesignated by paragraph
(1), is amended by striking <quote>subparagraphs (A) and (C)</quote> and
inserting <quote>subparagraphs (A) and (B)</quote>.</text>
</paragraph></subsection></section><enum>III</enum><header>Responsibilities
of the Federal Election Commission</header>
<section id="H6B766AE8B4F74314AABD64E39E4B80B6"><enum>301.</enum><header>Petition for
certiorari</header><text display-inline="no-display-inline">Section 307(a)(6)
of the <act-name parsable-cite="FECA">Federal Election Campaign Act of
1971</act-name> (2 U.S.C. 437d(a)(6)) is amended by inserting <quote>(including
a proceeding before the Supreme Court on certiorari)</quote> after
<quote>appeal</quote>.</text>
</section><section id="H289E2B49F35E4867A739F7451D95978C"><enum>302.</enum><header>Promoting
expedited availability of FEC reports</header>
<subsection id="HF8E3B5705A9E4E628251BDB078321EA2"><enum>(a)</enum><header>Mandatory
electronic filing</header><text>Section 304(a)(11) of the
<act-name parsable-cite="FECA">Federal Election Campaign Act of 1971</act-name>
(2 U.S.C. 434(a)(11)) is amended—</text>
<paragraph id="HD82B12EC9CC041979D1499E1E6254AB4"><enum>(1)</enum><text>in subparagraph
(A), by striking <quote>under this Act—</quote> and all that follows and
inserting <quote>under this Act shall be required to maintain and file such
designation, statement, or report in electronic form accessible by
computers.</quote>;</text>
</paragraph><paragraph id="H6CC20A866B6249679A10736DD08071C7"><enum>(2)</enum><text>in subparagraph
(B), by striking <quote>48 hours</quote> and all that follows through
<quote>filed electronically)</quote> and inserting <quote>24 hours</quote>;
and</text>
</paragraph><paragraph id="H4C3799A42EE54E4791519F37A60743DE"><enum>(3)</enum><text>by striking
subparagraph (D).</text>
</paragraph></subsection><subsection id="H893944BA70AE496DB50C1B14EFFBF28C"><enum>(b)</enum><header>Requiring
reports for all contributions made to any political committee within 90 days of
election; requiring reports To be made within 24 hours</header><text>Section
304(a)(6)(A) of such Act (2 U.S.C. 434(a)(6)(A)) is amended to read as
follows:</text>
<quoted-block display-inline="no-display-inline" id="H4CE145750BD34425BDC024BEEA9FA79B" style="OLC">
<paragraph id="H74A6CB78632B46BBBDC95B9FA95FC011" indent="up1"><enum>(6)</enum><subparagraph commented="no" display-inline="yes-display-inline" id="HE376D78C3E1B489DAB3F398EF3EF4DA2"><enum>(A)</enum><text>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.</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><enum>IV</enum><header>Miscellaneous
provisions</header>
<section id="H06DC7919AAA3412DAB90CCEE6BE28D48"><enum>401.</enum><header>Severability</header><text display-inline="no-display-inline">If any provision of this Act or amendment
made by this Act, or the application of a provision or amendment to any person
or circumstance, is held to be 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.</text>
</section><section id="HC33A3A5B3EBB478099472EF27FEA9B1F"><enum>402.</enum><header>Review of
constitutional issues</header><text display-inline="no-display-inline">An
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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H74DF7F7FAFAE478786E58E466E834460" section-type="subsequent-section"><enum>403.</enum><header>Effective
date</header><text display-inline="no-display-inline">Except as otherwise
provided for in this Act, this Act and the amendments made by this Act shall
take effect on January 1, 2010.</text>
</section>