110th CONGRESS
1st Session
H. R. 1614
To reform the financing of House elections, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 20, 2007
Mr. TIERNEY (for himself, Mr. GRIJALVA, 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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Clean Money, Clean Elections
Act of 2007'.
(b) Table of Contents- 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. 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. 402. Review of constitutional issues.
Sec. 403. Effective date.
TITLE I--CLEAN ELECTION FINANCING OF HOUSE ELECTION CAMPAIGNS
Subtitle A--Clean Election Financing Program
SEC. 101. FINDINGS AND DECLARATIONS.
(a) Undermining of Democracy by Campaign Contributions From Private Sources-
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--
(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 Fund- 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--
(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.
SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF CLEAN ELECTIONS FINANCING
OF HOUSE ELECTION CAMPAIGNS.
The Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended
by adding at the end the following:
`TITLE V--CLEAN ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS
`SEC. 501. DEFINITIONS.
`(1) ALLOCATION FROM THE FUND- The 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 PERIOD- The 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 DATE- The 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) FUND- The term `Fund' means the House Clean Elections Fund established
by section 502.
`(5) GENERAL ELECTION PERIOD- The term `general election period' means,
with respect to a candidate, the period beginning on the day after the
date of the primary or primary runoff election for the specific office
that the candidate is seeking, whichever is later, and ending on the earlier
of--
`(A) the date of the general election; or
`(B) the date on which the candidate withdraws from the campaign or
otherwise ceases actively to seek election.
`(6) GENERAL RUNOFF ELECTION PERIOD- The term `general runoff election
period' means, with respect to a candidate, the period beginning on the
day following the date of the last general election for the specific office
that the candidate is seeking and ending on the date of the runoff election
for that office.
`(7) IMMEDIATE FAMILY- The 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 CANDIDATE- The 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 GENERAL- The term `major party candidate' means a candidate
for Representative who is affiliated with a major political party.
`(B) MAJOR POLITICAL PARTY- The 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 CANDIDATE- The 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 CANDIDATE- The term `nonparticipating candidate'
means a candidate for Representative or Delegate or Resident Commissioner
to the Congress who is not a participating candidate.
`(12) PARTICIPATING CANDIDATE- The 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 PERIOD- The term `primary election period' means
the period beginning on the date that is 90 days before the date of the
primary election and ending on the date of the 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 PERIOD- The 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 CONTRIBUTION- The 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) REPRESENTATIVE- The term `Representative' includes a Delegate or
Resident Commissioner to the Congress.
`(17) SEED MONEY CONTRIBUTION- The 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) STATE- The term `State' includes the District of Columbia, Puerto
Rico, the Virgin Islands, American Samoa, and Guam.
`SEC. 502. HOUSE CLEAN ELECTIONS FUND.
`(a) Establishment- There is established in the Treasury a fund to be known
as the `House Clean Elections Fund'.
`(b) Deposits- 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.
`(c) Investment- 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.
`(1) IN GENERAL- The 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 AMOUNTS- Under regulations established by the Commission,
rules similar to the rules of section 9006(c) of the Internal Revenue
Code shall apply.
`SEC. 503. ELIGIBILITY FOR ALLOCATIONS FROM THE FUND.
`(a) In General- A 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 Election- 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.
`SEC. 504. SEED MONEY CONTRIBUTION REQUIREMENT.
`A candidate for Representative meets the seed money contribution requirements
of this section if the candidate meets the following requirements:
`(1) SEPARATE ACCOUNTING- The candidate maintains seed money contributions
in a separate account.
`(2) LIMITATION ON AMOUNT- 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.
`(3) USE OF SEED MONEY- The candidate makes expenditures from seed money
contributions only for campaign-related costs.
`(4) RECORDS- 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.
`(5) REPORT- 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.
`(6) TIME TO ACCEPT SEED MONEY CONTRIBUTIONS- 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).
`(7) DEPOSIT OF UNSPENT SEED MONEY CONTRIBUTIONS- 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.
`SEC. 505. QUALIFYING CONTRIBUTION REQUIREMENT.
`(a) Major Party Candidates and Certain Independent Candidates- 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.
`(b) Other Candidates- 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).
`(c) Receipt of Qualifying Contribution- A 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 GENERAL- 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.
`(2) CANDIDATES THAT ARE NOT CERTIFIED- 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.
`(e) Verification of Qualifying Contributions- 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.
`SEC. 506. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.
`A 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.
`SEC. 507. CERTIFICATION BY COMMISSION.
`(a) In General- Not 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 GENERAL- The 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 BENEFITS- 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.
`SEC. 508. BENEFITS FOR PARTICIPATING CANDIDATES.
`(a) In General- A 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 Fund- Allocations 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 Fund- 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.
`SEC. 509. ALLOCATIONS FROM THE FUND.
`(a) In General- The 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 Payment- The Commission shall distribute funds available
to participating candidates under this section through the use of an electronic
funds exchange or a debit card.
`(1) IN GENERAL- 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.
`(2) REDUCTION FOR UNCONTESTED ELECTIONS- 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).
`(A) APPLICABLE PERCENTAGE- In 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 AMOUNT- 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.
`(4) ADJUSTMENT BY MEDIA MARKET-
`(A) IN GENERAL- The Commission, in consultation with the Federal Communications
Commission, shall establish an index reflecting the costs of the media
markets in each State.
`(B) ADJUSTMENT- 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).
`SEC. 510. PAYMENT OF FAIR FIGHT FUNDS.
`(a) Determination of Right to Payment-
`(1) IN GENERAL- The 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 DETERMINATIONS- The 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 GENERAL- 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--
`(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 DETERMINATION- In 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.
`(1) IN GENERAL- 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--
`(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 AMOUNT- For purposes of this section, the applicable amount
is an amount equal to 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 PAYMENT- 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).
`(c) Definitions- For purposes of this section--
`(A) IN GENERAL- The 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;
`(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
`(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 CANDIDATE- The 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 COMMUNICATION- The 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'.
`SEC. 511. ADMINISTRATION OF THE HOUSE CLEAN ELECTIONS SYSTEM.
`(a) Regulations- The Commission shall prescribe regulations to carry out
the purposes of this title, including regulations--
`(1) to establish procedures for--
`(A) verifying the amount of valid 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 Commission- 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.
`(c) Reports- Not later than April 1, 2009, 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.
`SEC. 512. VIOLATIONS AND PENALTIES.
`(a) Civil Penalty for Violation of Contribution and Expenditure Requirements-
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.
`(b) Repayment for Improper Use of Clean Elections Fund-
`(1) IN GENERAL- 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--
`(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 PRECLUDED- 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.
`SEC. 513. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to the House Clean Elections Fund
such sums as are necessary to carry out this title.'.
SEC. 103. REPORTING REQUIREMENTS FOR NONPARTICIPATING CANDIDATES.
(a) In General- Section 304 of the Federal Election Campaign Act of 1971
(2 U.S.C. 434) is amended by adding at the end the following:
`(i) Nonparticipating Candidates-
`(A) IN GENERAL- 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) THRESHOLD AMOUNT- 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.
`(A) IN GENERAL- 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 ELECTION- Each 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 REPORT- 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) DEFINITIONS- 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 File- Section 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
CANDIDATES- For 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.'.
SEC. 104. MODIFICATION OF ELECTIONEERING COMMUNICATION REPORTING REQUIREMENTS.
Paragraph (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.'.
SEC. 105. LIMITATION ON COORDINATED EXPENDITURES BY POLITICAL PARTY COMMITTEES
WITH PARTICIPATING CANDIDATES.
(a) In General- Section 315(d)(3) of the Federal Election Campaign Act of
1971 (2 U.S.C. 441a(d)) is amended--
(1) by redesignating subparagraphs (A) and (B) as subparagraphs (B) and
(C), respectively; and
(2) by inserting before subparagraph (B), as 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 Amendment- 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'.
SEC. 106. TREATMENT OF COORDINATED EXPENDITURES AS CONTRIBUTIONS.
(a) In General- 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 Candidates- Section 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);'.
SEC. 107. AUDITS.
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) IN GENERAL- 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) SELECTION OF SUBJECTS- 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.'.
SEC. 108. TAX CREDIT FOR VOLUNTARY DONATIONS TO HOUSE CLEAN ELECTIONS
FUND.
(a) In General- 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:
`SEC. 30D. CREDIT FOR CONTRIBUTIONS TO HOUSE CLEAN ELECTIONS FUND.
`(a) Credit Allowed- 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
`(1) NO CREDIT FOR QUALIFYING CONTRIBUTIONS- No 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 6097- No credit shall be
allowed with respect to any amount designated under section 6097.
`(3) APPLICATION WITH OTHER CREDITS- The 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, and 30C, over
`(B) the tentative minimum tax for the taxable year.
`(c) House Clean Elections Fund- For 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 Benefit- No deduction shall be allowed under this
chapter for any amount for which a credit is allowed under subsection (a).'.
(b) Clerical Amendment- 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 30C the following new item:
`Sec. 30D. Credit for contributions to House Clean Elections Fund.'.
(c) Effective Date- The amendments made by this section shall apply to taxable
years beginning after December 31, 2007.
Subtitle B--Clean Elections Review Commission
SEC. 111. ESTABLISHMENT OF COMMISSION.
(a) Establishment- There is established a commission to be known as the
`Clean Elections Review Commission' (hereafter in this subtitle referred
to as the `Commission').
(1) REVIEW OF CLEAN ELECTIONS FINANCING-
(A) IN GENERAL- 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) CRITERIA FOR REVIEW- In conducting the review under subparagraph
(A), the Commission shall consider the following:
(i) REVIEW OF QUALIFYING CONTRIBUTION REQUIREMENTS- The 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 ALLOCATIONS- The 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) REPORT- 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 RECOMMENDATIONS- A 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 GENERAL- 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) FORM- 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).
SEC. 112. STRUCTURE AND MEMBERSHIP OF THE COMMISSION.
(1) IN GENERAL- 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).
(A) IN GENERAL- The members shall be individuals who are nonpartisan
and, by reason of their education, experience, and attainments, exceptionally
qualified to perform the duties of members of the Commission.
(B) PROHIBITION- 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) DATE- Members of the Commission shall be appointed not later than
60 days after the date of the enactment of this Act.
(4) TERMS- A member of the Commission shall be appointed for a term of
5 years.
(b) Vacancies- 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) Chairperson- The Commission shall designate a Chairperson from among
the members of the Commission.
SEC. 113. POWERS OF THE COMMISSION.
(a) Meetings and Hearings-
(1) MEETINGS- 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) QUORUM- 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 Agencies- The 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 Services- 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) Gifts- The Commission may accept, use, and dispose of gifts or donations
of services or property.
SEC. 114. ADMINISTRATION.
(a) Compensation of Members-
(A) IN GENERAL- Each member, other than the Chairperson, shall be paid
at a rate equal to the daily equivalent of the minimum annual rate of
basic pay prescribed for level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day (including travel
time) during which such member is engaged in the performance of the
duties of the Commission.
(B) CHAIRPERSON- 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) TRAVEL EXPENSES- 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.
(1) DIRECTOR- 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) STAFF APPOINTMENT- 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 CONSULTANTS- With 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 EMPLOYEES- Upon the request of the Chairperson,
the head of any Federal agency may detail, without reimbursement, any
of the personnel of such agency to the 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 RESOURCES- 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.
SEC. 115. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry
out the purposes of this subtitle.
TITLE II--VOTER INFORMATION
SEC. 201. FREE BROADCAST TIME.
Section 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 TIME- A 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 SHOWN- The 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 STATION- 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.'; and
(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.'.
SEC. 202. BROADCAST RATES AND PREEMPTION.
(a) Broadcast Rates- Section 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 CANDIDATES- 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--
`(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 CANDIDATES- 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.
`(5) RATE CARDS- A 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) Preemption- Section 315 of such Act (47 U.S.C. 315), as amended by section
201, is amended by adding at the end the following:
`(1) IN GENERAL- 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.
`(2) CIRCUMSTANCES BEYOND CONTROL OF LICENSEE- 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.'.
(c) Revocation of License for Failure To Permit Access- Section 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'.
SEC. 203. LIMIT ON CONGRESSIONAL USE OF THE FRANKING PRIVILEGE.
(a) In General- Section 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)'.
TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION
SEC. 301. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of 1971 (2 U.S.C.
437d(a)(6)) is amended by inserting `(including a proceeding before the
Supreme Court on certiorari)' after `appeal'.
SEC. 302. PROMOTING EXPEDITED AVAILABILITY OF FEC REPORTS.
(a) Mandatory Electronic Filing- Section 304(a)(11) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(a)(11)) is amended--
(1) in subparagraph (A), by striking `under this Act--' and all that follows
and inserting `under this Act shall be required to maintain and file such
designation, statement, or report in 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 Hours-
Section 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.'.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the application
of a provision or amendment to any person or circumstance, is held to be
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.
SEC. 402. REVIEW OF CONSTITUTIONAL ISSUES.
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.
SEC. 403. EFFECTIVE DATE.
Except as otherwise provided for in this Act, this Act and the amendments
made by this Act shall take effect on January 1, 2008.
END
