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H.R. 3642 (eas) [Engrossed Amendment Senate] ...


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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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