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H.R. 3642 (eas) [Engrossed Amendment Senate] ...
108th CONGRESS 1st Session H. R. 3641 To reform the financing of Federal elections, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES November 21, 2003 Mr. Tierney (for himself, Mr. Grijalva, Mr. Hoeffel, Mr. Kind, Mr. Case, Mr. George Miller of California, Ms. Baldwin, Mr. McDermott, Ms. Woolsey, Mr. Blumenauer, Ms. Kaptur, Ms. Schakowsky, Mr. Hinchey, Mr. Farr, Mr. Nadler, Mr. Olver, Mr. Frank of Massachusetts, Mr. McGovern, Mr. Sanders, Mr. Conyers, Ms. DeLauro, Mr. Lantos, Mr. Delahunt, Ms. Eshoo, Mr. Waxman, Mr. Stark, Mr. Van Hollen, Ms. Lee, Mr. Jackson of Illinois, and Mr. McNulty) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committees on Energy and Commerce 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 Federal 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''. (b) Table of Contents.--The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. TITLE I--CLEAN MONEY FINANCING OF HOUSE ELECTION CAMPAIGNS Sec. 101. Findings and declarations. Sec. 102. Eligibility requirements and benefits of Clean Money financing of House election campaigns. ``TITLE V--CLEAN MONEY FINANCING OF HOUSE ELECTION CAMPAIGNS ``Sec. 501. Definitions. ``Sec. 502. Eligibility for Clean Money. ``Sec. 503. Requirements applicable to Clean Money candidates. ``Sec. 504. Seed money. ``Sec. 505. Certification by Commission. ``Sec. 506. Benefits for Clean Money candidates. ``Sec. 507. Administration of Clean Money. ``Sec. 508. Expenditures made from funds other than Clean Money. ``Sec. 509. Authorization of appropriations. Sec. 103. Reporting requirements for expenditures of private money candidates. Sec. 104. Transition rule for current election cycle. TITLE II--INDEPENDENT EXPENDITURES; COORDINATED POLITICAL PARTY EXPENDITURES Sec. 201. Reporting requirements for independent expenditures. Sec. 202. Limit on expenditures by political party committees. Sec. 203. Treatment of coordinated expenditures as contributions. TITLE III--VOTER INFORMATION Sec. 301. Free broadcast time. Sec. 302. Broadcast rates and preemption. Sec. 303. Limit on Congressional use of the franking privilege. TITLE IV--RESTRUCTURING AND STRENGTHENING OF THE FEDERAL ELECTION COMMISSION Sec. 401. Appointment and terms of Commissioners. Sec. 402. Audits. Sec. 403. Authority to seek injunction. Sec. 404. Standard for investigation. Sec. 405. Petition for certiorari. Sec. 406. Expedited procedures. Sec. 407. Promoting expedited availability of FEC reports. Sec. 408. Power to issue subpoena without signature of Chairperson. TITLE V--MISCELLANEOUS PROVISIONS Sec. 501. Severability. Sec. 502. Review of constitutional issues. Sec. 503. Effective date. TITLE I--CLEAN MONEY FINANCING OF HOUSE ELECTION CAMPAIGNS SEC. 101. FINDINGS AND DECLARATIONS. (a) Undermining of Democracy by Campaign Contributions From Private Sources.--The 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) 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; (2) diminishing or giving the appearance of diminishing a Member of the House of Representatives's accountability to constituents by compelling legislators to be accountable to the major contributors who finance their election campaigns; (3) creating a conflict of interest, perceived or real, by encouraging Members to take money from private interests that are directly affected by Federal legislation; (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 fortunes or access to campaign contributions from monied individuals and interest groups to mount competitive House of Representatives election campaigns; (6) disadvantaging challengers, because large campaign contributors tend to give their money to incumbent Members, thus causing House of Representatives 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 Clean Money.--Congress finds and declares that providing the option of the replacement of private campaign contributions with clean money financing for all primary, runoff, and general elections to the House of Representatives would enhance American democracy by-- (1) 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''; (2) increasing the public's confidence in the accountability of Members to the constituents who elect them; (3) eliminating the potentially inherent conflict of interest caused by the private financing of the election campaigns of public officials, thus restoring public confidence in the fairness of the electoral and legislative processes; (4) reversing the escalating cost of elections and saving taxpayers billions of dollars that are (or that are perceived to be) currently misspent due to legislative and regulatory agendas skewed by the influence of contributions; (5) creating a more level playing field for incumbents and challengers, creating genuine opportunities for all Americans to run for the House of Representatives, and encouraging more competitive elections; and (6) freeing Members from the constant preoccupation with raising money, and allowing them more time to carry out their public responsibilities. SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF CLEAN MONEY 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 MONEY FINANCING OF HOUSE ELECTION CAMPAIGNS ``SEC. 501. DEFINITIONS. ``In this title: ``(1) Allowable contribution.--The term `allowable contribution' means a qualifying contribution or seed money contribution. ``(2) Clean money.--The term `clean money' means funds that are made available by the Commission to a clean money candidate under this title. ``(3) Clean money candidate.--The term `clean money candidate' means a candidate for Member of or Delegate or Resident Commissioner to the Congress who is certified under section 505 as being eligible to receive clean money. ``(4) Clean money qualifying period.--The term `clean money 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 general election. 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. ``(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) House of representatives election fund.--The term `House of Representatives Election Fund' means the fund established by section 507(a). ``(8) Immediate family.--The term `immediate family' means-- ``(A) a 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). ``(9) Major party candidate.--The term `major party candidate' means a candidate of a political party of which a candidate for Member of or Delegate or Resident Commissioner to the Congress, for President, or for Governor in the preceding 5 years received, as a candidate of that party, 25 percent or more of the total number of popular votes received in the State (or Congressional district, if applicable) by all candidates for the same office. ``(10) Personal funds.--The term `personal funds' means an amount that is derived from-- ``(A) the personal funds of the candidate or a member of the candidate's immediate family; and ``(B) proceeds of indebtedness incurred by the candidate or a member of the candidate's immediate family. ``(11) Personal use.-- ``(A) In general--The term `personal use' means the use of funds to fulfill a commitment, obligation, or expense of a person that would exist irrespective of the candidate's election campaign or individual's duties as a holder of Federal office. ``(B) Inclusions.--The term `personal use' includes, but is not limited to-- ``(i) a home mortgage, rent, or utility payment; ``(ii) a clothing purchase; ``(iii) a noncampaign-related automobile expense; ``(iv) a country club membership; ``(v) a vacation or other noncampaign- related trip; ``(vi) a household food item; ``(vii) a tuition payment; ``(viii) admission to a sporting event, concert, theater, or other form of entertainment not associated with an election campaign; and ``(ix) dues, fees, and other payments to a health club or recreational facility. ``(12) 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, the term `primary election period' 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. ``(13) Primary runoff election period.--The term `primary runoff election 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. ``(14) Private money candidate.--The term `private money candidate' means a candidate for Member of or Delegate or Resident Commissioner to the Congress other than a clean money candidate. ``(15) Qualifying contribution.--The term `qualifying contribution' means a contribution that-- ``(A) is in the amount of $5 exactly; ``(B) is made by an individual who is a resident of the candidate's State and is otherwise authorized to make a contribution under this Act; ``(C) is made during the clean money qualifying period; and ``(D) meets the requirements of section 502(a)(2)(D). ``(16) Seed money contribution.--The term `seed money contribution' means a contribution (or contributions in the aggregate made by any 1 person) of not more than $100. ``(17) State.--The term `State' includes the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, and Guam. ``SEC. 502. ELIGIBILITY FOR CLEAN MONEY. ``(a) Primary Election Period and Primary Runoff Election Period.-- ``(1) In general.--A candidate qualifies as a clean money candidate during the primary election period and primary runoff
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