[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7022 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 7022
To reform the financing of House elections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2008
Mr. Larson of Connecticut (for himself and Mr. Jones of North Carolina)
introduced the following bill; which was referred to the Committee on
House Administration, and in addition to the Committees on Energy and
Commerce, Oversight and Government Reform, and Rules, 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 ``Fair Elections Now
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and declarations.
TITLE I--FAIR ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS
Subtitle A--Fair Elections Financing Program
Sec. 101. Eligibility requirements and benefits of fair elections
financing of house election campaigns.
``TITLE V--FAIR ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS
``Sec. 501. Definitions.
``Sec. 502. House Fair 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. Debate requirement.
``Sec. 508. Certification by Commission.
``Sec. 509. Benefits for participating candidates.
``Sec. 510. Allocations from the Fund.
``Sec. 511. Payment of fair fight funds.
``Sec. 512. Administration of the House fair elections system.
``Sec. 513. Violations and penalties.
Sec. 102. Reporting requirements for nonparticipating candidates.
Sec. 103. Modification of electioneering communication reporting
requirements.
Sec. 104. Limitation on coordinated expenditures by political party
committees with participating candidates.
Sec. 105. Audits.
Subtitle B--House Fair Elections Fund Revenues
Sec. 111. Deposit of proceeds from recovered spectrum auctions.
Subtitle C--Fair Elections Review Commission
Sec. 121. Establishment of Commission.
Sec. 122. Structure and membership of the Commission.
Sec. 123. Powers of the Commission.
Sec. 124. Administration.
Sec. 125. Authorization of appropriations.
Sec. 126. Expedited consideration of Commission recommendations.
TITLE II--VOTER INFORMATION
Sec. 201. Broadcasts relating to candidates.
Sec. 202. Political advertisement vouchers for participating
candidates.
Sec. 203. FCC to prescribe standardized form for reporting candidate
campaign ads.
Sec. 204. Limit on congressional use of the franking privilege.
TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION
Sec. 301. Petition for certiorari.
Sec. 302. Filing by all candidates with Commission.
Sec. 303. Electronic filing of FEC reports.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Review of constitutional issues.
Sec. 402. Effective date.
SEC. 2. FINDINGS AND DECLARATIONS.
(a) Undermining of Democracy by Campaign Contributions From Private
Sources.--Congress finds and declares that the current system of
privately financed campaigns for election to the House of
Representatives has the capacity, and is often perceived by the public,
to undermine democracy in the United States by--
(1) creating a conflict of interest, perceived or real, by
encouraging House Members to accept large campaign
contributions from private interests that are directly affected
by Federal legislation;
(2) diminishing or giving the appearance of diminishing a
House Member'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 House
Members, 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 Fair Elections Fund.--Congress finds and declares that providing
the option of the replacement of private campaign contributions with
allocations from the House Fair 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 House Members 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 House Members from the incessant preoccupation
with raising money, and allowing them more time to carry out
their public responsibilities.
TITLE I--FAIR ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS
Subtitle A--Fair Elections Financing Program
SEC. 101. ELIGIBILITY REQUIREMENTS AND BENEFITS OF FAIR 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--FAIR ELECTIONS FINANCING OF HOUSE ELECTION CAMPAIGNS
``SEC. 501. DEFINITIONS.
``In this title, the following definitions apply:
``(1) Allocation from the fund.--The term `allocation from
the Fund' means an allocation of money from the House Fair
Elections Fund to a participating candidate pursuant to
sections 510 and 511.
``(2) Candidate for the house.--The term, `candidate for
the House' means a candidate for election for the office of
Representative in, or Delegate or Resident Commissioner to, the
Congress.
``(3) Fair elections qualifying period.--The term `fair
elections qualifying period' means, with respect to any
candidate for The House of Representatives, the period--
``(A) beginning on the date on which the candidate
files a statement of intent under section 503(a)(1);
and
``(B) ending on the date that is 60 days before--
``(i) the date of the primary election; or
``(ii) 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) Fair elections start date.--The term `fair 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.
``(5) Fund.--The term `Fund' means the House Fair Elections
Fund established by section 502.
``(6) 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).
``(7) Independent candidate.--The term `independent
candidate' means a candidate for the House 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 the House,
does not hold a primary election for the House;
or
``(ii) in the case of a candidate in a
State that does not hold primary election for
the House, does not have ballot status in such
State.
``(8) Major party candidate.--
``(A) In general.--The term `major party candidate'
means a candidate for the House 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, Senator, President, or Governor at any
time 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.
``(9) Minor party candidate.--The term `minor party
candidate' means a candidate for the House who is affiliated
with a political party that--
``(A) holds a primary for House nominations; and
``(B) is not a major political party.
``(10) Nonparticipating candidate.--The term
`nonparticipating candidate' means a candidate for the House
who is not a participating candidate.
``(11) Participating candidate.--The term `participating
candidate' means a candidate for the House who is certified
under section 508 as being eligible to receive an allocation
from the Fund.
``(12) 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 fair elections qualifying
period; and
``(D) meets the requirements of section 505(c).
``(13) 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 508(a).
``(14) State.--The term `State' includes the District of
Columbia, Puerto Rico, the Virgin Islands, American Samoa, and
Guam.
``SEC. 502. HOUSE FAIR ELECTIONS FUND.
``(a) Establishment.--There is established in the Treasury a fund
to be known as the `House Fair Elections Fund'.
``(b) Amounts Held by Fund.--The Fund shall consist of the
following amounts:
``(1) Proceeds from recovered spectrum.--Proceeds deposited
into the Fund under section 309(j)(8)(E)(ii)(II) of the
Communications Act of 1934.
``(2) Excess spectrum user fees.--Amounts deposited in the
Fund under section 315A(f)(2)(B)(ii) of the Communications Act
of 1934.
``(3) Voluntary contributions.--Voluntary contributions to
the fund.
``(4) Qualifying contributions, penalties, and other
deposits.--Amounts deposited into the Fund under--
``(A) section 504(2) (relating to limitation on
amount of seed money);
``(B) section 505(d) (relating to deposit of
qualifying contributions);
``(C) section 506(c) (relating to exceptions to
contribution requirements);
``(D) section 509(c) (relating to remittance of
allocations from the Fund);
``(E) section 513 (relating to violations); and
``(F) any other section of this Act.
``(5) Investment returns.--Interest on, and the proceeds
from, the sale or redemption of, any obligations held by the
Fund under subsection (c).
``(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.
``(d) Use of Fund.--
``(1) In general.--The sums in the House Fair 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 the House 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 fair
elections start date and ending on the last day of the fair
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 fair 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 comply with the debate
requirements of section 507;
``(C) if certified, will not run as a
nonparticipating candidate during such year in any
election for the office that such candidate is seeking;
and
``(D) 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 runoff 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 the House 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 Fair 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--
``(A) in the case of an independent candidate, the
amount which the candidate would be entitled to under
section 510(c)(3); and
``(B) in the case of any other candidate, the
amount which the candidate would be entitled to under
section 510(c)(1).
``(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 508.
``SEC. 505. QUALIFYING CONTRIBUTION REQUIREMENT.
``(a) In General.--A candidate for the House meets the requirement
of this section if, during the fair elections qualifying period, the
candidate obtains at least 1,500 qualifying contributions.
``(b) Special Rule for Certain Candidates.--
``(1) In general.--Notwithstanding subsection (a), in the
case of a candidate described in paragraph (2), the requirement
of this section is met if, during the fair elections qualifying
period, the candidate obtains a number of qualifying
contributions equal to 150 percent of the number of qualifying
contributions that such candidate would be required to obtain
without regard to this subsection.
``(2) Candidate described.--A candidate is described in
this paragraph if--
``(A) the candidate is a minor party candidate or
an independent candidate; and
``(B) in the most recent general election involving
the office of the House, President, or Governor in the
State in which the candidate is seeking office, the
candidate and all candidates of the same political
party as such candidate received less than 5 percent of
the total number of votes cast for each such office.
``(c) Requirements Relating to Receipt of Qualifying
Contribution.--Each qualifying contribution--
``(1) may be made by means of a personal check, money
order, debit card, or credit card;
``(2) shall be payable to the House Fair Elections Fund;
``(3) shall be accompanied by a signed statement
containing--
``(A) the contributor's name and home address;
``(B) an oath declaring that the contributor--
``(i) is a resident of the State in which
the candidate with respect to whom the
contribution is made is running for election;
``(ii) understands that the purpose of the
qualifying contribution is to show support for
the candidate so that the candidate may qualify
for public financing;
``(iii) is making the contribution in his
or her own name and from his or her own funds;
``(iv) has made the contribution willingly;
and
``(v) has not received any thing of value
in return for the contribution; and
``(4) shall 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 State with respect to which the candidate is
seeking election.
``(d) Deposit of Qualifying Contributions.--
``(1) In general.--Not later than 21 days after obtaining a
qualifying contribution, a candidate shall--
``(A) deposit such contribution into the House Fair
Elections Fund, and
``(B) remit to the Commission a copy of the receipt
for such contribution.
``(2) Deposit of contributions after certification.--
Notwithstanding paragraph (1), all qualifying contributions
obtained by a candidate shall be deposited into the House Fair
Elections Fund and all copies of receipts for such
contributions shall be remitted to the Commission not later
than--
``(A) in the case of a candidate who is denied
certification under section 508, 3 days after receiving
a notice of denial of certification under section
508(a)(2); and
``(B) in any other case, not later than the last
day of the fair elections qualifying period.
``(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) General Rule.--A candidate for the House 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 Fair Elections Fund;
``(C) allocations from the House Fair Elections
Fund under sections 510 and 511; and
``(D) vouchers provided to the candidate under
section 315A of the Communications Act of 1934;
``(2) makes no expenditures from any amounts other than
from--
``(A) amounts received from seed money
contributions;
``(B) amounts received from the House Fair
Elections Fund; and
``(C) vouchers provided to the candidate under
section 315A of the Communications Act of 1934; 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.
``(b) Contributions for Leadership PACs, etc.--A political
committee of a participating candidate which is not an authorized
committee of such candidate may accept contributions other than
contributions described in subsection (a)(1) from any person if--
``(1) the aggregate contributions from such person for any
for a calendar year do not exceed $100; and
``(2) no portion of such contributions is disbursed in
connection with the campaign of the participating candidate.
``(c) Exception.--
``(1) In general.--Notwithstanding subsection (a), a
candidate shall not be treated as having failed to meet the
requirements of this section if any contributions accepted
before the date the candidate files a statement of intent under
section 503(a)(1) are not expended and are--
``(A) returned to the contributor; or
``(B) submitted to the Commission for deposit in
the House Fair Elections Fund.
``(2) Special rule for seed money contributions and
contributions for leadership pacs.--For purposes of paragraph
(1), a candidate shall not be required to return, donate, or
submit any portion of the aggregate amount of contributions
from any person which is $100 or less to the extent that such
contribution--
``(A) otherwise qualifies as a seed money
contribution; or
``(B) otherwise meets the requirements of
subsection (b).
``(3) Special rule for contributions before the date of
enactment of this title.--Notwithstanding subsection (a), a
candidate shall not be treated as having failed to meet the
requirements of this section if any contributions accepted
before the date of the enactment of this title are not expended
and are--
``(A) returned to the contributor;
``(B) donated to an organization described in
section 170(c) of the Internal Revenue Code of 1986;
``(C) donated to a political party;
``(D) used to retire campaign debt; or
``(E) submitted to the Federal Election Commission
for deposit in the House Fair Elections Fund.
``SEC. 507. DEBATE REQUIREMENT.
``A candidate for the House meets the requirements of this section
if the candidate participates in at least--
``(1) 1 public debate before the primary election with
other participating candidates and other willing candidates
from the same party and seeking the same nomination as such
candidate; and
``(2) 2 public debates before the general election with
other participating candidates and other willing candidates
seeking the same office as such candidate.
``SEC. 508. CERTIFICATION BY COMMISSION.
``(a) In General.--Not later than 5 days after a candidate for the
House files an affidavit under section 503(a)(4), the Commission
shall--
``(1) certify whether or not the candidate is a
participating candidate; and
``(2) 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--
``(A) to the House Fair 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; and
``(B) to the Federal Communications Commission an
amount equal to the amount of the dollar value of
vouchers which were received from the Federal
Communications Commission under section 315A of the
Communications Act of 1934 and used by the candidate.
``SEC. 509. 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; and
``(B) fair fight funds, as provided in section 511;
and
``(2) for the general election, vouchers for broadcasts of
political advertisements, as provided in section 315A of the
Communications Act of 1934 (47 U.S.C. 315A).
``(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 Fair
Elections Fund any unspent amounts paid to such candidate under this
title for such election.
``SEC. 510. ALLOCATIONS FROM THE FUND.
``(a) In General.--The Commission shall make allocations from the
Fund under section 509(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 508;
``(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.
``(c) Amounts.--
``(1) Primary election allocation; initial allocation.--
``(A) In general.--Except as provided in
subparagraphs (B), the Commission shall make an
allocation from the Fund for a primary election to a
participating candidate in an amount equal to 40
percent of the base amount with respect to such
participating candidate.
``(B) Independent candidates.--In the case of a
participating candidate who is an independent
candidate, the Commission shall make an initial
allocation from the Fund in an amount equal to 25
percent of the base amount with respect to such
candidate.
``(C) Reduction for excess seed money.--An
allocation from the Fund for any candidate under this
paragraph shall be reduced by an amount equal to the
aggregate amount of seed money contributions received
by the candidate in excess of $75,000.
``(2) Primary runoff election allocation.--The Commission
shall make an allocation from the Fund for a primary runoff
election to a participating candidate in an amount equal to 25
percent of the amount the participating candidate was eligible
to receive under this section for the primary election.
``(3) General election allocation.--
``(A) In general.--Except as provided in
subparagraph (B), the Commission shall make an
allocation from the Fund for a general election to a
participating candidate in an amount equal to 60
percent of the base amount.
``(B) Uncontested elections.--
``(i) In general.--The Commission shall
make an allocation from the Fund to a
participating candidate for a general election
that is uncontested in an amount equal to 40
percent of the amount otherwise provided.
``(ii) Uncontested elections.--For purposes
of this subparagraph, an election is
uncontested if not more than 1 candidate has
received contributions (including payments from
the House Fair Elections Fund) in an amount
equal to or greater than the lesser of--
``(I) the amount in effect for a
candidate in such election under
paragraph (1)(C); or
``(II) an amount equal to 50
percent of the base amount with respect
to such candidate.
``(C) Reduction for excess seed money.--The
allocation from the Fund for the general election for
any participating candidate in a State that does not
hold a primary election shall be reduced by an amount
equal to the aggregate amount of seed money
contributions received by the candidate in excess of
$75,000.
``(4) General runoff election allocation.--The Commission
shall make an allocation from the Fund for a general runoff
election to a participating candidate in an amount equal to 25
percent of the base amount with respect to such candidate.
``(d) Base Amount.--
``(1) In general.--Except as otherwise provided in this
subsection, the base amount for any candidate is 80 percent of
the national average spending for the cycle by winning
candidates in the last two election cycles.
``(2) Minor party and independent candidates.--
``(A) Reduced amount for certain candidates.--
``(i) In general.--In the case of a minor
party candidate or independent candidate
described in clause (ii), the amount provided
is an amount equal to the product of--
``(I) a fraction the numerator of
which is the highest percentage of the
vote received by the candidate or a
candidate of the same political party
as such candidate in the election
described in clause (ii) and the
denominator of which is 25 percent; and
``(II) the amount that would (but
for this paragraph) be the amount
provided for the candidate under
paragraph (1).
``(ii) Candidate described.--A candidate is
described in this clause if, in the most recent
general election involving the office of the
House, Senate, President, or Governor in the
State in which the candidate is seeking
office--
``(I) such candidate, or any
candidate of the same political party
as such candidate, received 5 percent
or more of the total number of votes
cast for any such office; and
``(II) such candidate and all
candidates of the same political party
as such candidate received less than 25
percent of the total number of votes
cast for such office.
``(B) Exception.--Subparagraph (A) shall not apply
to any candidate if such candidate receives a number of
qualifying contributions which is greater than 150
percent of the number of qualifying contributions such
candidate is required to receive in order to meet the
requirements of section 505(a).
``(3) Indexing.--In each odd-numbered year after 2010--
``(A) each dollar amount under paragraph (1) shall
be increased by the percent difference between the
price index (as defined in section 315(c)(2)(A)) for
the 12 months preceding the beginning of such calendar
year and the price index for calendar year 2008;
``(B) each dollar amount so increased shall remain
in effect for the 2-year period beginning on the first
day following the date of the last general election in
the year preceding the year in which the amount is
increased and ending on the date of the next general
election; and
``(C) if any amount after adjustment under
subparagraph (A) is not a multiple of $100, such amount
shall be rounded to the nearest multiple of $100.
``(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. 511. 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);
``(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); and
``(C) reports filed by nonparticipating candidates
under section 304(j).
``(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.
``(b) Payments.--
``(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--
``(A) the sum of--
``(i) the amount of seed money contribution
received by the participating candidate;
``(ii) in the case of a general election,
the value of any vouchers received by the
candidate under section 315A of the
Communications Act of 1934; plus
``(iii)(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);
``(B) the sum of--
``(i) the amount of independent
expenditures made advocating the election of
the participating candidate; plus
``(ii) the amount of disbursements for
electioneering communications which promote or
support such participating candidate;
``(C) the sum of--
``(i) the amount of independent
expenditures made advocating the defeat of the
relevant opposing candidate; plus
``(ii) the amount of disbursements for
electioneering communications which attack or
oppose the relevant opposing candidate; plus
``(D) 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, the following
definitions apply:
``(1) Opposing funds.--The term `opposing funds' means,
with respect to any participating candidate for any election,
the sum of--
``(A)(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;
``(B) the sum of--
``(i) the amount of independent
expenditures made advocating the election of
such relevant opposing candidate; plus
``(ii) the amount of disbursements for
electioneering communications which promote or
support such relevant opposing candidate; plus
``(C) the sum of--
``(i) the amount of independent
expenditures made advocating the defeat of such
participating candidate; plus
``(ii) the amount of disbursements for
electioneering communications which attack or
oppose such participating candidate.
``(2) Relevant opposing 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. 512. ADMINISTRATION OF THE HOUSE FAIR 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;
``(4) regarding the conduct of debates in a manner
consistent with the best practices of States that provide
public financing for elections; and
``(5) 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. 513. 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 508(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 3 times the amount of the contribution or expenditure. Any
amounts collected under this subsection shall be deposited into the
House Fair Elections Fund.
``(b) Repayment for Improper Use of Fair 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 Fair 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. 102. REPORTING REQUIREMENTS FOR NONPARTICIPATING CANDIDATES.
(a) In General.--Section 304 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 434), as amended by section 204 of the Honest
Leadership and Open Government Act of 2007, is amended by adding at the
end the following new subsection:
``(j) Nonparticipating Candidates.--
``(1) Initial report.--
``(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.
``(2) Periodic reports.--
``(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(j) 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. 103. MODIFICATION OF ELECTIONEERING COMMUNICATION REPORTING
REQUIREMENTS.
Section 304(f)(2) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(f)(2)) is amended by adding at the end the following new
subparagraph:
``(G) In the case of a communication referring to
any candidate in an election involving a participating
candidate under title V, a transcript of the
electioneering communication.''.
SEC. 104. LIMITATION ON COORDINATED EXPENDITURES BY POLITICAL PARTY
COMMITTEES WITH PARTICIPATING CANDIDATES.
Section 315(d)(3) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441a(d)(3)) is amended--
(1) by striking ``in the case of'' each place it appears in
subparagraphs (A) and (B) and inserting ``except in the case of
a candidate described in subparagraph (C), in the case of'';
(2) by striking ``and'' at the end of subparagraph (A);
(3) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(4) by adding at the end the following new subparagraph:
``(C) in the case of a candidate who is a
participating candidate under title V, the lesser of--
``(i) 10 percent of the allocation from the
House 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);''.
SEC. 105. 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 under title V.
``(B) Selection of subjects.--The subjects of
audits and investigations under this paragraph shall be
selected on the basis of im-partial criteria
established by a vote of at least 4 members of the
Commission.''.
Subtitle B--House Fair Elections Fund Revenues
SEC. 111. DEPOSIT OF PROCEEDS FROM RECOVERED SPECTRUM AUCTIONS.
Section 309(j)(8)(E)(ii) of the Communications Act of 1934 (47
U.S.C. 309(j)(8)(E)(ii)) is amended--
(1) by striking ``deposited in'' and inserting the
following: ``deposited as follows:
``(I) 90 percent of such proceeds
deposited in''; and
(2) by adding at the end the following:
``(II) 10 percent of such proceeds
deposited in the House Fair Elections
Fund established under section 502 of
the Federal Election Campaign Act of
1971.''.
Subtitle C--Fair Elections Review Commission
SEC. 121. ESTABLISHMENT OF COMMISSION.
(a) Establishment.--There is established a commission to be known
as the ``Fair Elections Review Commission'' (hereafter in this subtitle
referred to as the ``Commission'').
(b) Duties.--
(1) Review of fair elections financing.--
(A) In general.--After each general election for
Federal office, the Commission shall conduct a
comprehensive review of the House fair 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 Fair 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 Elections Fund under sections
510 and 511 of the Federal Election Campaign
Act of 1971 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 each
regularly scheduled 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 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. 122. STRUCTURE AND MEMBERSHIP OF THE COMMISSION.
(a) Appointment.--
(1) In general.--The Commission shall be composed of 5
members, of whom--
(A) 1 shall be appointed by the Majority Leader of
the House of Representatives;
(B) 1 shall be appointed by the Minority Leader of
the House of Representatives; and
(C) 3 shall be appointed jointly by the members
appointed under subparagraphs (A) and (B).
(2) Qualifications.--
(A) In general.--The members shall be individuals
who are nonpartisan and, by reason of their education,
experience, and attainments, exceptionally qualified to
perform the duties of members of the 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. 123. 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. 124. ADMINISTRATION.
(a) Compensation of Members.--
(1) In general.--
(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.
(b) Personnel.--
(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) 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. 125. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out the purposes of this subtitle.
SEC. 126. EXPEDITED CONSIDERATION OF COMMISSION RECOMMENDATIONS.
(a) Introduction and Committee Consideration in the House of
Representatives.--
(1) Introduction and referral.--Any bill introduced in the
House of Representatives which consists entirely of the
proposed legislative language submitted by the Commission under
section 121(b)(2)(C) (hereafter in this section referred to as
a ``Commission bill'') shall be referred to the Committee on
House Administration.
(2) Automatic discharge after 60 days.--If the Committee on
House Administration does not report a Commission bill without
amendment during the 60-calendar day period which begins on the
date of its introduction, the Committee shall be automatically
discharged from further consideration of the Commission bill
and the Commission bill shall be placed on the appropriate
calendar.
(b) Expedited Procedure.--
(1) Floor consideration in the house.--
(A) In general.--If the House of Representatives
does not agree to a motion to proceed to the
consideration of a Commission bill during the 60-day
period which begins on the date the Committee on House
Administration reports the bill or is discharged from
further consideration of the bill, it shall be in order
for any member of the House to move to proceed to the
consideration of the bill.
(B) Motion to proceed.--A motion to proceed to the
consideration of a Commission bill is privileged in the
House of Representatives. The motion is not debatable
and is not subject to a motion to postpone
consideration of the Commission bill or to proceed to
the consideration of other business. A motion to
reconsider the vote by which the motion to proceed is
agreed to or not agreed to shall not be in order. If
the motion to proceed is agreed to, the House of
Representatives shall immediately proceed to
consideration of the Commission bill without
intervening motion, order, action, or other business,
and the Commission bill shall remain the unfinished
business of the House of Representatives until disposed
of.
(C) Amendments, motions, and appeals.--No amendment
to the Commission bill shall be in order in the House
of Representatives, and debate on any debatable motion
or appeal shall not exceed 5 hours to be divided
equally between those favoring and those opposing the
motion or appeal.
(D) Limited debate.--Consideration in the House of
Representatives of the Commission bill and on all
debatable motions and appeals in connection therewith,
shall be limited to not more than 40 hours, which shall
be equally divided between, and controlled by, the
Majority Leader and the Minority Leader of the House of
Representatives or their designees. A motion further to
limit debate on the Commission bill is in order and is
not debatable. All time used for consideration of the
Commission bill, including time used for quorum calls
(except quorum calls immediately preceding a vote),
shall come from the 40 hours of consideration.
(E) Vote on passage.--
(i) In general.--The vote on passage in the
House of Representatives of the Commission bill
shall occur immediately following the
conclusion of the 40-hour period for
consideration of the Commission bill under
subparagraph (D) and a request to establish the
presence of a quorum.
(ii) Other motions not in order.--A motion
in the House of Representatives to postpone
consideration of the Commission bill, a motion
to proceed to the consideration of other
business, or a motion to recommit the
Commission bill is not in order. A motion in
the House of Representatives to reconsider the
vote by which the Commission bill is agreed to
or not agreed to is not in order.
(2) Floor consideration in the senate.--
(A) In general.--If a Commission bill is agreed to
in the House, the Majority Leader of the Senate, or the
Majority Leader's designee shall move to proceed to the
consideration of the Commission bill not later than 30
days after the date the Senate receives notice of such
agreement. It shall also be in order for any member of
the Senate to move to proceed to the consideration of
the bill at any time after the conclusion of such 30-
day period.
(B) Motion to proceed.--A motion to proceed to the
consideration of a Commission bill is privileged in the
Senate. The motion is not debatable and is not subject
to a motion to postpone consideration of the Commission
bill or to proceed to the consideration of other
business. A motion to reconsider the vote by which the
motion to proceed is agreed to or not agreed to shall
not be in order. If the motion to proceed is agreed to,
the Senate shall immediately proceed to consideration
of the Commission bill without intervening motion,
order, action, or other business, and the Commission
bill shall remain the unfinished business of the Senate
until disposed of.
(C) Amendments, motions, and appeals.--No amendment
shall be in order in the senate, and debate on any
debatable motion or appeal shall not exceed 5 hours to
be divided equally between those favoring and those
opposing the motion or appeal.
(D) Limited debate.--Consideration in the Senate of
the Commission bill and on all debatable motions and
appeals in connection therewith, shall be limited to
not more than 40 hours, which shall be equally divided
between, and controlled by, the Majority Leader and the
Minority Leader of the Senate or their designees. A
motion further to limit debate on the Commission bill
is in order and is not debatable. All time used for
consideration of the Commission bill, including time
used for quorum calls (except quorum calls immediately
preceding a vote), shall come from the 40 hours of
consideration.
(E) Vote on passage.--
(i) In general.--The vote on passage in the
Senate of the Commission bill shall occur
immediately following the conclusion of the 40-
hour period for consideration of the Commission
bill under subparagraph (D) and a request to
establish the presence of a quorum.
(ii) Other motions not in order.--A motion
in the Senate to postpone consideration of the
Commission bill, a motion to proceed to the
consideration of other business, or a motion to
recommit the Commission bill is not in order. A
motion in the Senate to reconsider the vote by
which the Commission bill is agreed to or not
agreed to is not in order.
(c) Rules of House of Representatives and Senate.--This section is
enacted by Congress--
(1) as an exercise of the rulemaking power of the House of
Representatives and Senate, respectively, and as such it is
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a Commission bill, and it supersedes
other rules only to the extent that it is inconsistent with
such rules, and
(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
TITLE II--VOTER INFORMATION
SEC. 201. BROADCASTS RELATING TO CANDIDATES.
(a) Lowest Unit Charge; National Committees.--Section 315(b) of the
Communications Act of 1934 (47 U.S.C. 315(b)) is amended--
(1) by striking ``to such office'' in paragraph (1) and
inserting ``to such office, or by a national committee of a
political party on behalf of such candidate in connection with
such campaign,''; and
(2) by inserting ``for pre-emptible use thereof'' after
``station'' in subparagraph (A) of paragraph (1).
(b) Broadcast Rates.--Section 315(b) of the Communications Act of
1934 (47 U.S.C. 315(b)), as amended by subsection (a), 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) Participating candidates.--In the case of a
participating candidate (as defined under section 501(10) of
the Federal Election Campaign Act of 1971), the charges made
for the use any broadcasting station for a television broadcast
shall not exceed 80 percent of the lowest charge described in
paragraph (1)(A) during--
``(A) the 45 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) Rate cards.--A licensee shall provide to a candidate
for House 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.''.
(c) Preemption; Audits.--Section 315 of such Act (47 U.S.C. 315) is
amended--
(1) by redesignating subsections (f) and (g) as subsections
(e) and (f), respectively and moving them to follow the
existing subsection (e);
(2) by redesignating the existing subsection (e) as
subsection (c); and
(3) by inserting after subsection (c) (as redesignated by
paragraph (2)) the following:
``(d) Preemption.--
``(1) In general.--Except as provided in paragraph (2), and
notwithstanding the requirements of subsection (b)(1)(A), a
licensee shall not preempt the use of a broadcasting station by
a legally qualified candidate for House 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 station, any
candidate or party advertising spot scheduled to be broadcast
during that program shall be treated in the same fashion as a
comparable commercial advertising spot.
``(e) Audits.--During the 45-day period preceding a primary
election and the 60-day period preceding a general election, the
Commission shall conduct such audits as it deems necessary to ensure
that each broadcaster to which this section applies is allocating
television broadcast advertising time in accordance with this section
and section 312.''.
(d) Revocation of License for Failure To Permit Access.--Section
312(a)(7) of the Communications Act of 1934 (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''.
(e) Stylistic Amendments.--Section 315 of such Act (47 U.S.C. 315)
is amended--
(1) by striking ``the'' in subsection (f)(1), as
redesignated by subsection (b)(1), and inserting ``Broadcasting
Station'';
(2) by striking ``the'' in subsection (f)(2), as
redesignated by subsection (b)(1), and inserting ``Licensee;
station licensee.--''; and
(3) by inserting ``Regulations.--'' in subsection (g), as
redesignated by subsection (b)(1), before ``The Commission''.
SEC. 202. POLITICAL ADVERTISEMENT VOUCHERS FOR PARTICIPATING
CANDIDATES.
(a) In General.--Title III of the Communications Act of 1934 (47
U.S.C. 301 et seq.) is amended by inserting after section 315 the
following:
``SEC. 315A POLITICAL ADVERTISEMENT VOUCHER PROGRAM.
``(a) In General.--The Commission shall establish and administer a
voucher program for the purchase of airtime on broadcasting stations
for political advertisements in accordance with the provisions of this
section.
``(b) Candidates.--The Commission shall only disburse vouchers
under the program established under subsection (a) to individuals who
meet the following requirements:
``(1) Qualification.--The individual is certified by the
Federal Election Commission as a participating candidate (as
defined under section 501(10) of the Federal Election Campaign
Act of 1971) with respect to a general election for Federal
office under section 508 of the Federal Election Campaign Act
of 1971.
``(2) Agreement.--The individual has agreed in writing--
``(A) to keep and furnish to the Federal Election
Commission such records, books, and other information
as it may require; and
``(B) to repay to the Federal Communications
Commission, if the Federal Election Commission revokes
the certification of the individual as a participating
candidate (as so defined), an amount equal to the
dollar value of vouchers which were received from the
Commission and used by the candidate.
``(c) Amounts.--The Commission shall disburse vouchers to each
candidate certified under subsection (b) in the amount of $100,000.
``(d) Use.--
``(1) Exclusive use.--Vouchers disbursed by the Commission
under this section may be used only for the purchase of
broadcast airtime for political advertisements relating to a
general election for the office of House of Representatives by
the participating candidate to which the vouchers were
disbursed, except that--
``(A) a candidate may exchange vouchers with a
political party under paragraph (2); and
``(B) a political party may use vouchers only to
purchase broadcast airtime for political advertisements
for generic party advertising, to support candidates
for State or local office in a general election, or to
support participating candidates of the party in a
general election for Federal office, but only if it
discloses the value of the voucher used as an
expenditure under section 315(d) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441(d)).
``(2) Exchange with political party committee.--
``(A) In general.--An individual who receives a
voucher under this section may transfer the right to
use all or a portion of the value of the voucher to a
committee of the political party of which the
individual is a candidate in exchange for money in an
amount equal to the cash value of the voucher or
portion exchanged.
``(B) Continuation of candidate obligations.--The
transfer of a voucher, in whole or in part, to a
political party committee under this paragraph does not
release the candidate from any obligation under the
agreement made under subsection (b)(2) or otherwise
modify that agreement or its application to that
candidate.
``(C) Party committee obligations.--Any political
party committee to which a voucher or portion thereof
is transferred under subparagraph (A)--
``(i) shall account fully, in accordance
with such requirements as the Commission may
establish, for the receipt of the voucher; and
``(ii) may not use the transferred voucher
or portion thereof for any purpose other than a
purpose described in paragraph (1)(B).
``(D) Voucher as a contribution under feca.--If a
candidate transfers a voucher or any portion thereof to
a political party committee under subparagraph (A)--
``(i) the value of the voucher or portion
thereof transferred shall be treated as a
contribution from the candidate to the
committee, and from the committee to the
candidate, for purposes of sections 302 and 304
of the Federal Election Campaign Act of 1971 (2
U.S.C. 432 and 434);
``(ii) the committee may, in exchange,
provide to the candidate only funds subject to
the prohibitions, limitations, and reporting
requirements of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431 et seq.); and
``(iii) the amount, if identified as a
voucher exchange, shall not be considered a
contribution for the purposes of sections 315
or 506 of that Act.
``(e) Value; Acceptance; Redemption.--
``(1) Voucher.--Each voucher disbursed by the Commission
under this section shall have a value in dollars, redeemable
upon presentation to the Commission, together with such
documentation and other information as the Commission may
require, for the purchase of broadcast airtime for political
advertisements in accordance with this section.
``(2) Acceptance.--A broadcasting station shall accept
vouchers in payment for the purchase of broadcast airtime for
political advertisements in accordance with this section.
``(3) Redemption.--The Commission shall redeem vouchers
accepted by broadcasting stations under paragraph (2) upon
presentation, subject to such documentation, verification,
accounting, and application requirements as the Commission may
impose to ensure the accuracy and integrity of the voucher
redemption system. The Commission shall use amounts in the
Political Advertising Voucher Account established under
subsection (f) to redeem vouchers presented under this
subsection.
``(4) Expiration.--
``(A) Candidates.--A voucher may only be used to
pay for broadcast airtime for political advertisements
to be broadcast before midnight on the day before the
date of the Federal election in connection with which
it was issued and shall be null and void for any other
use or purpose.
``(B) Exception for political party committees.--A
voucher held by a political party committee may be used
to pay for broadcast airtime for political
advertisements to be broadcast before midnight on
December 31st of the odd-numbered year following the
year in which the voucher was issued by the Commission.
``(5) Voucher as expenditure under feca.--
``(A) In general.--Except as provided in
subparagraph (B), for purposes of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431 et seq.), the use of
a voucher to purchase broadcast airtime constitutes an
expenditure as defined in section 301(9)(A) of that Act
(2 U.S.C. 431(9)(A)).
``(B) Participating candidates.--The use of a
voucher to purchase broadcast airtime by a
participating candidate shall not constitute an
expenditure for purposes of section 506 of such Act.
``(f) Political Advertising Voucher Account.--
``(1) In general.--The Commission shall establish an
account to be known as the Political Advertising Voucher
Account, which shall be credited with commercial television and
radio spectrum use fees assessed under this subsection,
together with any amounts repaid or otherwise reimbursed under
this section or section 508(b)(2)(B) of the Federal Election
Campaign Act of 1971.
``(2) Spectrum use fee.--
``(A) In general.--The Commission shall assess, and
collect annually, from each broadcast station, a
spectrum use fee in an amount equal to 2 percent of
each broadcasting station's gross advertising revenues
for such year.
``(B) Availability.--
``(i) In general.--Any amount assessed and
collected under this paragraph shall be used by
the Commission as an offsetting collection for
the purposes of making disbursements under this
section, except that--
``(I) the salaries and expenses
account of the Commission shall be
credited with such sums as are
necessary from those amounts for the
costs of developing and implementing
the program established by this
section; and
``(II) the Commission may reimburse
the Federal Election Commission for any
expenses incurred by the Commission
under this section.
``(ii) Deposit of excess fees into house
fair elections fund.--If the amount assessed
and collected under this paragraph for years in
any election period exceeds the amount
necessary for making disbursements under this
section for such election period, the
Commission shall deposit such excess in the
House Fair Elections Fund.
``(C) Fee does not apply to public broadcasting
stations.--Subparagraph (A) does not apply to a public
telecommunications entity (as defined in section
397(12) of this Act).
``(3) Administrative provisions.--Except as otherwise
provided in this subsection, section 9 of this Act applies to
the assessment and collection of fees under this subsection to
the same extent as if those fees were regulatory fees imposed
under section 9.
``(g) Definitions.--In this section:
``(1) Broadcasting station.--The term `broadcasting
station' has the meaning given that term by section 315(f)(1)
of this Act.
``(2) Federal election.--The term `Federal election' means
any regularly scheduled, primary, runoff, or special election
held to nominate or elect a candidate to Federal office.
``(3) Federal office.--The term `Federal office' has the
meaning given that term by section 301(3) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(3)).
``(4) Political party.--The term `political party' means a
major party or a minor party as defined in section 9002(3) or
(4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002(3) or
(4)).
``(5) Other terms.--Except as otherwise provided in this
section, any term used in this section that is defined in
section 301 or 501 of the Federal Election Campaign of 1971 (2
U.S.C. 431) has the meaning given that term by either such
section of that Act.
``(h) Regulations.--The Commission shall prescribe such regulations
as may be necessary to carry out the provisions of this section. In
developing the regulations, the Commission shall consult with the
Federal Election Commission.''.
SEC. 203. FCC TO PRESCRIBE STANDARDIZED FORM FOR REPORTING CANDIDATE
CAMPAIGN ADS.
(a) In General.--Within 90 days after the date of enactment of this
Act, the Federal Communications Commission shall initiate a rulemaking
proceeding to establish a standardized form to be used by broadcasting
stations, as defined in section 315(f)(1) of the Communications Act of
1934 (47 U.S.C. 315(f)(1)), to record and report the purchase of
advertising time by or on behalf of a candidate for nomination for
election, or for election, to Federal elective office.
(b) Contents.--The form prescribed by the Commission under
subsection (a) shall require, broadcasting stations to report, at a
minimum--
(1) the station call letters and mailing address;
(2) the name and telephone number of the station's sales
manager (or individual with responsibility for advertising
sales);
(3) the name of the candidate who purchased the advertising
time, or on whose behalf the advertising time was purchased,
and the Federal elective office for which he or she is a
candidate;
(4) the name, mailing address, and telephone number of the
person responsible for purchasing broadcast political
advertising for the candidate;
(5) notation as to whether the purchase agreement for which
the information is being reported is a draft or final version;
and
(6) the following information about the advertisement:
(A) The date and time of the broadcast.
(B) The program in which the advertisement was
broadcast.
(C) The length of the broadcast airtime.
(c) Internet Access.--In its rulemaking under subsection (a), the
Commission shall require any broadcasting station required to file a
report under this section that maintains an Internet Web site to make
available a link to such reports on that website.
SEC. 204. 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), Member of Congress or a
committee or subcommittee of the House of Representatives or Senate of
which such Member is chairman or ranking minority 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 such 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 during the period described in
clause (i) 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 (C) and by
redesignating subparagraphs (D) through (F) as subparagraphs (C)
through (E).
(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 ``subparagraph (A)''.
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. FILING BY ALL CANDIDATES WITH COMMISSION.
Section 302(g) of the Federal Election Campaign Act of 1971 (2
U.S.C. 432(g)) is amended to read as follows:
``(g) Filing With the Commission.--All designations, statements,
and reports required to be filed under this Act shall be filed with the
Commission.''.
SEC. 303. ELECTRONIC FILING OF FEC REPORTS.
Section 304(a)(11) of the Federal Election Campaign Act of 1971 (2
U.S.C. 434(a)(11)) is amended--
(1) in subparagraph (A), by striking ``under this Act--''
and all that follows and inserting ``under this Act shall be
required to maintain and file such designation, statement, or
report in 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).
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. 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. 402. EFFECTIVE DATE.
Except as otherwise provided for in this Act, this Act and the
amendments made by this Act shall apply with respect to elections
occurring in 2010 or any succeeding year.
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