[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 3124 Introduced in Senate (IS)]


107th CONGRESS
  2d Session
                                S. 3124

To amend the Communications Act of 1934 to revise and expand the lowest 
  unit cost provision applicable to political campaign broadcasts, to 
establish commercial broadcasting station minimum airtime requirements 
 for candidate-centered and issue-centered programming before primary 
 and general elections, to establish a voucher system for the purchase 
 of commercial broadcast airtime for political advertisements, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2002

 Mr. McCain (for himself, Mr. Feingold, and Mr. Durbin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend the Communications Act of 1934 to revise and expand the lowest 
  unit cost provision applicable to political campaign broadcasts, to 
establish commercial broadcasting station minimum airtime requirements 
 for candidate-centered and issue-centered programming before primary 
 and general elections, to establish a voucher system for the purchase 
 of commercial broadcast airtime for political advertisements, 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.

    This Act may be cited as the ``Political Campaign Broadcast 
Activity Improvements Act''.

SEC. 2. MEDIA RATES.

    (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 ``(at any time during the 120-day period 
        preceding the date of the use)'' in subparagraph (A) of 
        paragraph (1) after ``charge''.
    (b) Preemption; Audits.--
            (1) In general.--Section 315 of such Act (47 U.S.C. 315) is 
        amended--
                    (A) by redesignating subsections (c) and (d) as 
                subsections (e) and (f), respectively and moving them 
                to follow the existing subsection (e);
                    (B) by redesignating the existing subsection (e) as 
                subsection (c); and
                    (C) by inserting after subsection (c) the 
                following:
    ``(d) Preemption.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        licensee shall not preempt the use of a broadcasting station by 
        an eligible candidate or political committee of a political 
        party 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 may also be preempted.
    ``(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.''
            (2) Conforming amendment.--Section 504 of the Bipartisan 
        Campaign Reform Act of 2002 is amended by striking ``315), as 
        amended by this Act, is amended by redesignating subsections 
        (e) and (f) as subsections (f) and (g), respectively, and'' and 
        inserting ``315) is amended by''.
    (c) Stylistic Amendments.--Section 315 of such Act (47 U.S.C. 315) 
is amended--
            (1) by striking ``For purposes of this
        section--'' in subsection (e), as redesignated by subsection 
        (b)(1)(A) of this section, and inserting ``Definitions.--In 
        this section:'';
            (2) by striking ``the'' in paragraph (1) of that subsection 
        and inserting ``Broadcasting station.--The'';
            (3) by striking ``the'' in paragraph (2) of that subsection 
        and inserting ``Licensee; station licensee.--The''; and
            (4) by inserting ``Regulations.--'' in subsection (f), as 
        so redesignated, before ``The Commission''.

SEC. 3. MINIMUM TIME REQUIREMENTS FOR CANDIDATE-CENTERED OR ISSUE-
              CENTERED BROADCASTS BY BROADCASTING STATIONS.

    (a) In General.--
            (1) Program content requirements.--In the administration of 
        the Communications Act of 1934 (47 U.S.C. 151 et seq.), the 
        Federal Communications Commission may not determine that a 
        broadcasting station has met its obligation to operate in the 
        public interest unless the station demonstrates to the 
        satisfaction of the Commission that--
                    (A) it broadcast at least 2 hours per week of 
                candidate-centered programming or issue-centered 
                programming during each of the 6 weeks preceding a 
                Federal election, including at least 4 of the weeks 
                immediately preceding a general election; and
                    (B) not less than 1 hour of such programming was 
                broadcast in each of those weeks during the period 
                beginning at 5:00 p.m. and ending at 11:35 p.m. in the 
                time zone in which the primary broadcast audience for 
                the station is located.
            (2) Nightowl broadcasts not counted.--For purposes of 
        paragraph (1) any such programming broadcast between midnight 
        and 6:00 a.m. in the time zone in which the primary broadcast 
        audience for the station is located shall not be taken into 
        account.
    (b) Definitions.--In this section:
            (1) Broadcasting station.--The term ``broadcasting 
        station'' has the meaning given that term by section 315(e)(1) 
        of the Communications Act of 1934.
            (2) Candidate-centered programming.--The term ``candidate-
        centered programming''--
                    (A) includes debates, interviews, candidate 
                statements, and other program formats that provide for 
                a discussion of issues by the candidate; but
                    (B) does not include paid political advertisements.
            (3) Federal election.--The term ``Federal election'' has 
        the meaning given that term in section 315A(g)(2) of the 
        Communications Act of 1934.
            (4) Issue-centered programming.--The term ``issue-centered 
        programming''--
                    (A) includes debates, interviews, statements, and 
                other program formats that provide for a discussion of 
                any ballot measure which appears on a ballot in a 
                forthcoming election; but
                    (B) does not include paid political advertisements.

SEC. 4. POLITICAL ADVERTISEMENTS VOUCHER PROGRAM.

    (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 broadcast stations for 
political advertisements in accordance with the provisions of this 
section.
    ``(b) Candidates.--
            ``(1) Disbursement of vouchers.--Beginning no earlier than 
        January of each even-numbered year after 2002, the Commission 
        shall disburse vouchers at least once each month for the 
        purchase of radio or television broadcast airtime for political 
        advertisements on broadcasting stations to each individual 
        certified by the Federal Election Commission under paragraph 
        (2) as an eligible candidate.
            ``(2) FEC to certify eligible candidates.--The Commission 
        may not disburse vouchers under paragraph (1) to an individual, 
        until the Federal Election Commission has made the following 
        certifications with respect to that individual:
                    ``(A) Qualification.--The individual is a legally-
                qualified candidate in a Federal election.
                    ``(B) Agreement.--The individual has agreed in 
                writing--
                            ``(i) to keep and furnish to the Federal 
                        Election Commission such records, books, and 
                        other information as it may require; and
                            ``(ii) to repay to the Federal 
                        Communications Commission an amount equal to 
                        150 percent of the dollar value of vouchers 
                        received from the Commission if the Federal 
                        Election Commission makes a final determination 
                        that the individual violated any term of the 
                        agreement.
                    ``(C) House of Representatives candidates.--For 
                candidates for election to the House of 
                Representatives, that--
                            ``(i) the individual has received at least 
                        $25,000 in contributions from individuals, not 
                        counting any amount in excess of $250 received 
                        from any individual;
                            ``(ii) the individual agrees not knowingly 
                        to make expenditures from the individual's 
                        personal funds, or the personal funds of the 
                        individual's immediate family, in connection 
                        with the campaign for election to the House of 
                        Representatives in excess of, in the aggregate, 
                        $125,000; and
                            ``(iii) the individual faces opposition by 
                        at least 1 other candidate who has received 
                        contributions or made expenditures of, in the 
                        aggregate, at least $25,000 or who has been 
                        certified by the Federal Election Commission 
                        under this paragraph as eligible to receive 
                        vouchers under paragraph (1).
                    ``(D) Senate candidates.--For candidates for 
                election to the Senate, that--
                            ``(i) the individual has received at least 
                        $25,000 in contributions from individuals, not 
                        counting any amount in excess of $250 received 
                        from any individual, multiplied by the number 
                        of Representatives from the State in which the 
                        individual seeks election;
                            ``(ii) the individual agrees not knowingly 
                        to make expenditures from the individual's 
                        personal funds, or the personal funds of the 
                        individual's immediate family, in connection 
                        with the campaign for election to the House of 
                        Representatives in excess of, in the aggregate, 
                        $500,000; and
                            ``(iii) the individual faces opposition by 
                        at least 1 other candidate who has received 
                        contributions or made expenditures of, in the 
                        aggregate, at least $25,000 multiplied by the 
                        number of Representatives from the State in 
                        which the individual seeks election or who has 
                        been certified by the Federal Election 
                        Commission under this paragraph as eligible to 
                        receive vouchers under paragraph (1).
                    ``(E) Presidential candidates.--For candidates for 
                nomination for election, or election, to the Office of 
                President--
                            ``(i) the term `Federal election' includes 
                        a primary election (as defined in section 
                        9032(7) of the Internal Revenue Code of 1986 
                        (26 U.S.C. 9032(7))); and
                            ``(ii) in order to be eligible to receive 
                        vouchers under this section, the candidate 
                        shall execute the agreement described in 
                        subparagraph (B).
            ``(3) Certification process.--In carrying out its duties 
        under paragraph (2), the Federal Election Commission shall--
                    ``(A) provide the requested certification, if the 
                individual meets the requirements for certification, 
                within 7 days after it receives the information 
                necessary therefor; and
                    ``(B) shall comply with the requirements of chapter 
                35 of title 44, United States Code, (commonly known as 
                the Paperwork Reduction Act) and take other appropriate 
                steps to minimize the paperwork burden on candidates 
                seeking certification under this subsection.
    ``(c) Political Parties.--
            ``(1) Disbursement of vouchers.--In January, 2004, and 
        January of each even-numbered year thereafter, the Commission 
        shall disburse vouchers for the purchase of radio or television 
        broadcast airtime for political advertisements on broadcasting 
        stations to each political party committee certified by the 
        Federal Election Commission under paragraph (2) as an eligible 
        committee.
            ``(2) FEC to certify eligible committees.--The Commission 
        may not disburse vouchers under paragraph (1) to a political 
        party committee,  until the Federal Election Commission has 
made the following certifications with respect to that committee:
                    ``(A) National party committees.--The committee is 
                the national committee of a political party or the 
                national congressional campaign committee of a 
                political party (as those terms are used in section 
                323(a)(1) of the Federal Election Campaign Act of 1971 
                (2 U.S.C. 441i(a)(1))).
                    ``(B) Minor party committees.--In the case of a 
                political party committee that is not described in 
                subparagraph (A), the committee meets the candidate 
                base requirement of subparagraph (C).
                    ``(C) Candidate base.--The committee has 
                candidates--
                            ``(i) for election to the House of 
                        Representatives who have been certified by the 
                        Federal Election Commission under subsection 
                        (b)(2) as eligible candidates in at least 22 
                        districts; or
                            ``(ii) for election to the Senate in at 
                        least 5 States who have been certified by the 
                        Federal Election Commission under subsection 
                        (b)(2) as eligible candidates.
                    ``(D) Agreement.--The committee agrees in writing--
                            ``(i) to keep and furnish to the Federal 
                        Election Commission such records, books, and 
                        other information as it may require; and
                            ``(ii) to repay to the Federal 
                        Communications Commission an amount equal to 
                        150 percent of the dollar value of vouchers 
                        received from the Commission if the Federal 
                        Election Commission makes a final determination 
                        that the committee violated any term of the 
                        agreement.
    ``(d) Amounts.--
            ``(1) Calendar year 2004 aggregates.--For calendar year 
        2004, the Commission shall disburse vouchers in the aggregate 
        amount of not more than $750,000,000, of which--
                    ``(A) not more than $650,000,000 shall be available 
                for disbursement to candidates under subsection (b); 
                and
                    ``(B) not more than $100,000,000 shall be available 
                for disbursement to political parties under subsection 
                (c).
            ``(2) Per-candidate amount.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the Commission shall 
                disburse vouchers to an individual candidate under 
                subsection (b)(1) with respect to a Federal election 
                equal, in the aggregate, to $3 multiplied by the 
                contributions received by that individual with respect 
                to that election, not counting any amount in excess of 
                $250 received from any individual.
                    ``(B) Maximum.--Except as provided in subparagraph 
                (C), the Commission may not disburse vouchers to an 
                individual candidate under subsection (b)(1) with 
                respect to a Federal election of more than--
                            ``(i) $375,000, for a candidate for 
                        election to the House of Representatives; or
                            ``(ii) $375,000 multiplied by the number of 
                        Representatives from the State from which the 
                        individual seeks election, for a candidate for 
                        election to the Senate.
                    ``(C) Special rule for presidential candidates.--
                The Commission shall disburse vouchers to a candidate 
                for nomination for election, or election, to the Office 
                of President who receives payments under section 9037 
                or 9006 of the Internal Revenue Code of 1986 (26 U.S.C. 
                9037 or 9006), respectively, equal to--
                            ``(i) $1 for each dollar received under 
                        section 9037 of such Code; and
                            ``(ii) 50 cents for each dollar received 
                        under section 9006 of such Code.
            ``(3) Per-committee amount.--
                    ``(A) In general.--The $100,000,000 available to be 
                disbursed to political parties shall be disbursed as 
                follows:
                            ``(i) The Commission shall reserve a 
                        percentage, determined by the Commission, of 
                        the amount available for disbursement as 
                        provided in subparagraph (B) to political party 
                        committees described in subsection (c)(2)(B) 
                        that have been or will be certified by the 
                        Federal Election Commission as eligible 
                        political party committees.
                            ``(ii) The Commission shall disburse the 
                        remainder of the amount available for 
                        disbursement in equal amounts among political 
                        party committees described in subsection 
                        (c)(2)(A) that have been or will be certified 
                        by the Federal Election Commission as eligible 
                        political party committees.
                    ``(B) Minor party committee amount.--From the 
                amount reserved under subparagraph (A)(i), the 
                Commission shall disburse to political party committees 
                described in subsection (c)(2)(B) certified by the 
                Federal Election Commission as eligible political party 
                committees--
                            ``(i) the same amount as the Commission 
                        disburses to each political party committee 
                        under subparagraph (A)(ii) if the political 
                        party with which the political committee is 
                        affiliated has--
                                    ``(I) candidates for election to 
                                the House of Representatives certified 
                                by the Federal Election Commission 
                                under subsection (b)(2) as eligible 
                                candidates in 218 or more districts; or
                                    ``(II) candidates for election to 
                                the Senate certified by the Federal 
                                Election Commission under 
subsection (b)(2) as eligible candidates in 17 or more of the States in 
which elections for United States Senator are being held; and
                            ``(ii) a percentage of such amount, 
                        determined under subparagraph (C), if the 
                        political party with which the political 
                        committee is affiliated does not qualify for 
                        the full amount under clause (i).
                    ``(C) Proportionate amount determination.--The 
                amount the Commission may disburse to a political party 
                committee described in subparagraph (B)(ii) is a 
                percentage of the amount disbursed to a political party 
                committee under subparagraph (A)(2) equal to the 
                greater of the following percentages:
                            ``(i) A percentage--
                                    ``(I) the numerator of which is the 
                                number of districts in which the party 
                                has candidates for election to the 
                                House of Representatives certified by 
                                the Federal Election Commission under 
                                subsection (b)(2) as eligible 
                                candidates; and
                                    ``(II) the denominator of which is 
                                435.
                            ``(ii) A percentage--
                                    ``(I) the numerator of which is the 
                                number of States in which the party has 
                                candidates for election to the Senate 
                                certified by the Federal Election 
                                Commission under subsection (b)(2) as 
                                eligible candidates; and
                                    ``(II) the denominator of which is 
                                33 (or 34 in any year in which there 
                                are 34 Senators for election).
    ``(e) Inflation Adjustment.--Each dollar amount in this section 
shall be adjusted for even-numbered years after 2002 in the same manner 
as the limitations in section 315(b) and (d) of the Federal Election 
Campaign Act of 1971 are adjusted under section 301(c) of that Act, 
except that, for the purpose of applying section 301(c)--
            ``(1) `(commencing in 2004)' shall be substituted for 
        `(commencing in 1976)' in paragraph (1) of that section; and
            ``(2) `2002' shall be substituted for `1974' in paragraph 
        (2)(B) of that section.
    ``(f) Use.--
            ``(1) Exclusive use.--Vouchers disbursed by the Commission 
        under this section may be used exclusively for the purpose 
        described in subsection (b) by the candidate or political party 
        committee 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 to 
                purchase broadcast airtime for political advertisements 
                for its candidates in a general election for any 
                Federal, State, or local office.
            ``(2) Exchange with political party committee.--
                    ``(A) In general.--A 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, described in subsection (c)(2)(A), 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 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.);
                            ``(iii) the money received in exchange by 
                        the candidate shall be treated as a 
                        contribution from the committee to the 
                        candidate for purposes of those sections; and
                            ``(iv) the amount, if identified as a 
                        `voucher exchange' shall not be considered a 
                        contribution for the purposes of section 315 of 
                        that Act (2 U.S.C. 441a).
    ``(g) 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 (h) 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) Congressional campaigns.--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) Presidential campaigns.--Notwithstanding any 
                provision of the Federal Election Campaign Act of 1971 
                or chapter 95 or 96 of the Internal Revenue Code of 
                1986 to the contrary, the use of a voucher by a 
                candidate for nomination for election, or election, to 
                the Office of President does not constitute an 
                expenditure for purposes of that Act or chapter.
    ``(h) 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 
        spectrum use fees assessed under this subsection, together with 
        any amounts repaid or otherwise reimbursed under this section.
            ``(2) Spectrum use fee.--
                    ``(A) In general.--The Commission shall assess, and 
                collect annually, a spectrum use fee based on a 
                percentage of a broadcasting station's gross revenues 
                in an amount necessary to carry out the provisions of 
                this section.
                    ``(B) Limitations.--The percentage under 
                subparagraph (A) may not be--
                            ``(i) greater than 1 percent; nor
                            ``(ii) less than .05 percent.
                    ``(C) Availability.--Any amount assessed and 
                collected under this paragraph shall be retained 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.
                    ``(D) 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 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.
    ``(i) Definitions.--In this section:
            ``(1) Broadcasting station.--The term `broadcasting 
        station' has the meaning given that term by section 315(e)(1).
            ``(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 101(3) of the Federal 
        Election Campaign Act of 1971 (2 U.S.C. 431(3)).
            ``(4) Legally-qualified candidate.--The term `legally-
        qualified candidate' means a legally qualified candidate within 
        the meaning of section 315.
            ``(5) 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)).
            ``(6) Other terms.--Except as otherwise provided in this 
        section, any term used in this section that is defined in 
        section 301 of the Federal Election Campaign of 1971 (2 U.S.C. 
        431) has the meaning given that term by section 301 of that 
        Act.
    ``(j) 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 Elections Commission.''.
    (b) Delayed Effective Date for Presidential Candidates.--The 
provisions of subsections (b)(2)(E) and (d)(2)(C) of section 315A of 
the Communications Act of 1934, as added by subsection (a), shall take 
effect on January 1, 2008.
                                 <all>