[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1053 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 107
109th CONGRESS
  1st Session
                                S. 1053

  To amend the Federal Election Campaign Act of 1971 to clarify when 
organizations described in section 527 of the Internal Revenue Code of 
  1986 must register as political committees, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 17, 2005

Mr. Lott, from the Committee on Rules and Administration, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Election Campaign Act of 1971 to clarify when 
organizations described in section 527 of the Internal Revenue Code of 
  1986 must register as political committees, 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 ``527 Reform Act of 2005''.

SEC. 2. TREATMENT OF SECTION 527 ORGANIZATIONS.

    (a) Definition of Political Committee.--Section 301(4) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)) is amended by 
striking the period at the end of subparagraph (C) and inserting ``; 
or'' and by adding at the end the following:
                    ``(D) any applicable 527 organization.''.
    (b) Definition of Applicable 527 Organization.--Section 301 of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by 
adding at the end the following new paragraph:
            ``(27) Applicable 527 organization.--For purposes of 
        paragraph (4)(D)--
                    ``(A) In general.--The term `applicable 527 
                organization' means a committee, club, association, or 
                group of persons that--
                            ``(i) has given notice to the Secretary of 
                        the Treasury under section 527(i) of the 
                        Internal Revenue Code of 1986 that it is to be 
                        treated as an organization described in section 
                        527 of such Code, and
                            ``(ii) is not described in subparagraph 
                        (B).
                    ``(B) Excepted organizations.--A committee, club, 
                association, or other group of persons described in 
                this subparagraph is--
                            ``(i) an organization described in section 
                        527(i)(5) of the Internal Revenue Code of 1986,
                            ``(ii) an organization which is a 
                        committee, club, association or other group of 
                        persons that is organized, operated, and makes 
                        disbursements exclusively for paying expenses 
                        described in the last sentence of section 
                        527(e)(2) of the Internal Revenue Code of 1986 
                        or expenses of a newsletter fund described in 
                        section 527(g) of such Code,
                            ``(iii) an organization which is a 
                        committee, club, association, or other group 
                        that consists solely of candidates for State or 
                        local office, individuals holding State or 
                        local office, or any combination of either, but 
                        only if the organization refers only to one or 
                        more non-Federal candidates or applicable State 
                        or local issues in all of its voter drive 
                        activities and does not refer to a Federal 
                        candidate or a political party in any of its 
                        voter drive activities,
                            ``(iv) an organization which is a 
                        committee, club, association, or other group of 
                        persons--
                                    ``(I) the election or nomination 
                                activities of which relate exclusively 
                                to any voter drive activity described 
                                in subparagraphs (A) through (D) of 
                                section 325(d)(1),
                                    ``(II) the public communications of 
                                which relate exclusively to activities 
                                described in subparagraphs (A) through 
                                (D) of section 325(d)(1), and
                                    ``(III) which does not engage in 
                                any broadcast, cable, or satellite 
                                communications, or
                            ``(v) an organization described in 
                        subparagraph (C).
                    ``(C) Applicable organization.--For purposes of 
                subparagraph (B)(v), an organization described in this 
                subparagraph is a committee, club, association, or 
                other group of persons whose election or nomination 
                activities relate exclusively to--
                            ``(i) elections where no candidate for 
                        Federal office appears on the ballot; or
                            ``(ii) one or more of the following 
                        purposes:
                                    ``(I) Influencing the selection, 
                                nomination, election, or appointment of 
                                one or more candidates to non-Federal 
                                offices.
                                    ``(II) Influencing one or more 
                                applicable State or local issues.
                                    ``(III) Influencing the selection, 
                                appointment, nomination, or 
                                confirmation of one or more individuals 
                                to non-elected offices.
                    ``(D) Exclusivity test.--A committee, club, 
                association, or other group of persons shall not be 
                treated as meeting the exclusivity requirement of 
                subparagraphs (B)(iv) and (C) if it makes disbursements 
                aggregating more than $1,000 for any of the following:
                            ``(i) A public communication that promotes, 
                        supports, attacks, or opposes a clearly 
                        identified candidate for Federal office during 
                        the 1-year period ending on the date of the 
                        general election for the office sought by the 
                        clearly identified candidate (but if a run-off 
                        election is held for that office, the 1-year 
                        period shall be extended and shall end on the 
                        date of the run-off election).
                            ``(ii) Any voter drive activity during a 
                        calendar year, except that no disbursements for 
                        any voter drive activity shall be taken into 
                        account under this subparagraph if the 
                        committee, club, association, or other group of 
                        persons during such calendar year--
                                    ``(I) makes disbursements for voter 
                                drive activities with respect to 
                                elections in only 1 State and complies 
                                with all applicable election laws of 
                                that State, including laws related to 
                                registration and reporting requirements 
                                and contribution limitations;
                                    ``(II) refers to one or more non-
                                Federal candidates or applicable State 
                                or local issues in all of its voter 
                                drive activities and does not refer to 
                                a Federal candidate or a political 
                                party;
                                    ``(III) does not have a candidate 
                                for Federal office, an individual who 
                                holds any Federal office, a national 
                                political party, or an agent of any of 
                                the foregoing, control or materially 
                                participate in the direction of the 
                                organization, solicit contributions to 
                                the organization (other than funds 
                                which are described under clauses (i) 
                                and (ii) of section 323(e)(1)(B)), or 
                                direct disbursements, in whole or in 
                                part, by the organization; and
                                    ``(IV) makes no contributions to 
                                Federal candidates.
                Clause (ii) shall not apply to disbursements by any 
                committee, club, or association, or other group of 
                persons described in subparagraph (B)(iv).
                    ``(E) Voter drive activity.--For purposes of this 
                paragraph, the term `voter drive activity' has the 
                meaning given such term by section 325(d)(1).
                    ``(F) Applicable state or local issue.--For 
                purposes of this paragraph, the term `applicable State 
                or local issue' means any State or local ballot 
                initiative, State or local referendum, State or local 
                constitutional amendment, State or local bond issue, or 
                other State or local ballot issue.
                    ``(G) Reference to federal candidates.--For 
                purposes of this paragraph, any prohibition on a 
                reference to a Federal candidate shall not include any 
                reference described in section 325(d)(4).
                    ``(H) Reference to political parties.--For purposes 
                of this paragraph, any prohibition on a reference to a 
                political party shall not include any reference 
                described in section 325(d)(5).''.
    (c) Regulations.--The Federal Election Commission shall promulgate 
regulations to implement this section not later than 60 days after the 
date of enactment of this Act.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date which is 60 days after the date of enactment of this 
Act.

SEC. 3. RULES FOR ALLOCATION OF EXPENSES BETWEEN FEDERAL AND NON-
              FEDERAL ACTIVITIES.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the 
following:

``SEC. 325. ALLOCATION AND FUNDING RULES FOR CERTAIN EXPENSES RELATING 
              TO FEDERAL AND NON-FEDERAL ACTIVITIES.

    ``(a) In General.--In the case of any disbursements by any 
political committee that is a separate segregated fund or nonconnected 
committee for which allocation rules are provided under subsection 
(b)--
            ``(1) the disbursements shall be allocated between Federal 
        and non-Federal accounts in accordance with this section and 
        regulations prescribed by the Commission, and
            ``(2) in the case of disbursements allocated to non-Federal 
        accounts, may be paid only from a qualified non-Federal 
        account.
    ``(b) Costs To Be Allocated and Allocation Rules.--Disbursements by 
any separate segregated fund or nonconnected committee, other than an 
organization described in section 323(b)(1), for any of the following 
categories of activity shall be allocated as follows:
            ``(1) 100 percent of the expenses for public communications 
        or voter drive activities that refer to one or more clearly 
        identified Federal candidates, but do not refer to any clearly 
        identified non-Federal candidates, shall be paid with funds 
        from a Federal account, without regard to whether the 
        communication refers to a political party.
            ``(2) At least 50 percent, or a greater percentage if the 
        Commission so determines by regulation, of the expenses for 
        public communications and voter drive activities that refer to 
        one or more clearly identified candidates for Federal office 
        and one or more clearly identified non-Federal candidates shall 
        be paid with funds from a Federal account, without regard to 
        whether the communication refers to a political party.
            ``(3) At least 50 percent, or a greater percentage if the 
        Commission so determines by regulation, of the expenses for 
        public communications or voter drive activities that refer to a 
        political party, but do not refer to any clearly identified 
        Federal or non-Federal candidate, shall be paid with funds from 
        a Federal account, except that this paragraph shall not apply 
        to communications or activities that relate exclusively to 
        elections where no candidate for Federal office appears on the 
        ballot.
            ``(4) At least 50 percent, or a greater percentage if the 
        Commission so determines by regulation, of the expenses for 
        public communications or voter drive activities that refer to a 
        political party and refer to one or more clearly identified 
        non-Federal candidates, but do not refer to any clearly 
        identified Federal candidates, shall be paid with funds from a 
        Federal account, except that this paragraph shall not apply to 
        communications or activities that relate exclusively to 
        elections where no candidate for Federal office appears on the 
        ballot.
            ``(5) Unless otherwise determined by the Commission in its 
        regulations, at least 50 percent of any administrative 
        expenses, including rent, utilities, office supplies, and 
        salaries not attributable to a clearly identified candidate, 
        shall be paid with funds from a Federal account, except that 
        for a separate segregated fund such expenses may be paid 
        instead by its connected organization.
            ``(6) At least 50 percent, or a greater percentage if the 
        Commission so determines by regulation, of the direct costs of 
        a fundraising program or event, including disbursements for 
        solicitation of funds and for planning and administration of 
        actual fundraising events, where Federal and non-Federal funds 
        are collected through such program or event shall be paid with 
        funds from a Federal account, except that for a separate 
        segregated fund such costs may be paid instead by its connected 
        organization. This paragraph shall not apply to any fundraising 
        solicitations or any other activity that constitutes a public 
        communication.
    ``(c) Qualified Non-Federal Account.--For purposes of this 
section--
            ``(1) In general.--The term `qualified non-Federal account' 
        means an account which consists solely of amounts--
                    ``(A) that, subject to the limitations of 
                paragraphs (2) and (3), are raised by the separate 
                segregated fund or nonconnected committee only from 
                individuals, and
                    ``(B) with respect to which all requirements of 
                Federal, State, or local law (including any law 
                relating to contribution limits) are met.
            ``(2) Limitation on individual donations.--
                    ``(A) In general.--A separate segregated fund or 
                nonconnected committee may not accept more than $25,000 
                in funds for its qualified non-Federal account from any 
                one individual in any calendar year.
                    ``(B) Affiliation.--For purposes of this paragraph, 
                all qualified non-Federal accounts of separate 
                segregated funds or nonconnected committees which are 
                directly or indirectly established, financed, 
                maintained, or controlled by the same person or persons 
                shall be treated as one account.
            ``(3) Fundraising limitation.--
                    ``(A) In general.--No donation to a qualified non-
                Federal account may be solicited, received, directed, 
                transferred, or spent by or in the name of any person 
                described in subsection (a) or (e) of section 323.
                    ``(B) Funds not treated as subject to act.--Except 
                as provided in subsection (a)(2) and this subsection, 
                any funds raised for a qualified non-Federal account in 
                accordance with the requirements of this section shall 
                not be considered funds subject to the limitations, 
                prohibitions, and reporting requirements of this Act 
                for any purpose (including for purposes of subsection 
                (a) or (e) of section 323 or subsection (d)(2) of this 
                section).
    ``(d) Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Voter drive activity.--The term `voter drive 
        activity' means any of the following activities conducted in 
        connection with an election in which a candidate for Federal 
        office appears on the ballot (regardless of whether a candidate 
        for State or local office also appears on the ballot):
                    ``(A) Voter registration activity.
                    ``(B) Voter identification.
                    ``(C) Get-out-the-vote activity.
                    ``(D) Generic campaign activity.
                    ``(E) Any public communication related to 
                activities described in subparagraphs (A) through (D).
        Such term shall not include any activity described in 
        subparagraph (A) or (B) of section 316(b)(2).
            ``(2) Federal account.--The term `Federal account' means an 
        account which consists solely of contributions subject to the 
        limitations, prohibitions, and reporting requirements of this 
        Act. Nothing in this section or in section 323(b)(2)(B)(iii) 
        shall be construed to infer that a limit other than the limit 
        under section 315(a)(1)(C) applies to contributions to the 
        account.
            ``(3) Nonconnected committee.--The term `nonconnected 
        committee' shall not include a political committee of a 
        political party.
            ``(4) Certain references to federal candidates not taken 
        into account.--A public communication or voter drive activity 
        shall not be treated as referring to any clearly identified 
        Federal candidate if the only reference is--
                    ``(A) a reference, in connection with an election 
                for a non-Federal office, to a Federal candidate who is 
                also a candidate for such non-Federal office; or
                    ``(B) a reference to the fact that a Federal 
                candidate has endorsed a non-Federal candidate or an 
                applicable State or local issue (as defined in section 
                301(27)(F)), including a reference that constitutes the 
                endorsement itself.
            ``(5) Certain references to political parties not taken 
        into account.--A public communication or voter drive activity 
        shall not be treated as referring to a political party if the 
        only reference is--
                    ``(A) a reference to a political party for the 
                purpose of identifying a non-Federal candidate;
                    ``(B) a reference to a political party for the 
                purpose of identifying the entity making the public 
                communication or carrying out the voter drive activity; 
                or
                    ``(C) a reference to a political party in a manner 
                or context that does not reflect support for or 
                opposition to a Federal candidate or candidates and 
                does reflect support for or opposition to a State or 
                local candidate or candidates or an applicable State or 
                local issue.''.
    (b) Reporting Requirements.--Section 304(e) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 434(e)) is amended by redesignating 
paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by 
inserting after paragraph (2) the following new paragraph:
            ``(3) Receipts and disbursements from qualified non-federal 
        accounts.--In addition to any other reporting requirement 
        applicable under this Act, a political committee to which 
        section 325(a) applies shall report all receipts and 
        disbursements from a qualified non-Federal account (as defined 
        in section 325(c)).''.
    (c) Regulations.--The Federal Election Commission shall promulgate 
regulations to implement the amendments made by this section not later 
than 180 days after the date of enactment of this Act.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date which is 180 days after the date of enactment of 
this Act.

SEC. 4. TELEVISION MEDIA RATES.

    (a) Lowest Unit Charge.--Section 315 of the Communications Act of 
1934 (47 U.S.C. 315) is amended by adding at the end the following:
    ``(f) Television Media Rates.--
            ``(1) Lowest unit charge.--Notwithstanding any other 
        provision of law, the charges made for the use of any 
        television broadcast station, or by a provider of cable or 
        satellite television service, to any person who is a legally 
        qualified candidate for any public office in connection with 
        the campaign of such candidate for nomination for election, or 
        election, to such office or by a national committee of a 
        political party on behalf of such candidate in connection with 
        such campaign, shall not exceed the lowest charge of the 
        station (at any time during the 365-day period preceding the 
        date of the use) for pre-emptible use thereof for the same 
        amount of time for the same period.
            ``(2) Preemption.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), and notwithstanding the requirements 
                of paragraph (1), 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.
                    ``(B) 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.
            ``(3) Audits.--
                    ``(A) In general.--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 subsection applies 
                is allocating television broadcast advertising time in 
                accordance with this subsection and section 312.
                    ``(B) Markets.--Each audit conducted under 
                subparagraph (A) shall cover the following markets:
                            ``(i) At least 6 of the top 50 largest 
                        designated market areas (as defined in section 
                        122(j)(2)(C) of title 17, United States Code).
                            ``(ii) At least 3 of the 51-100 largest 
                        designated market areas (as so defined).
                            ``(iii) At least 3 of the 101-150 largest 
                        designated market areas (as so defined).
                            ``(iv) At least 3 of the 151-210 largest 
                        designated market areas (as so defined).
                    ``(C) Broadcast stations.--Each audit conducted 
                under subparagraph (A) shall include each of the 3 
                largest television broadcast networks, 1 independent 
                network, and 1 cable network.''.
    (b) Conforming Amendment.--Section 504 of the Bipartisan Campaign 
Reform Act of 2002 (Public Law 107-155) 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(c) the Communications Act of 
1934 (47 U.S.C. 315(c)) is amended--
            (1) by striking ``For purposes of this section--'' and 
        inserting ``In this section:'';
            (2) in paragraph (1), by striking ``the'' and inserting 
        ``Broadcasting station.--The''; and
            (3) in paragraph (2), by striking ``the'' and inserting 
        ``Licensee; station licensee.--The''.

SEC. 5. MODIFICATION OF DEFINITION OF PUBLIC COMMUNICATION.

    (a) In General.--Paragraph (22) of section 301 of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431(22)) is amended by adding 
at the end the following new sentence: ``Such term shall not include 
communications over the Internet.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 6. INCREASE IN CONTRIBUTION LIMITS FOR POLITICAL COMMITTEES.

    (a) Increase in Political Committee Contribution Limits.--Section 
315(a)(1)(C) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441a(a)(1)(C)) is amended by striking ``$5,000'' and inserting 
``$7,500''.
    (b) Increase in Multicandidate Limits.--Section 315(a)(2) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is 
amended--
            (1) in subparagraph (A), by striking ``$5,000'' and 
        inserting ``$7,500'';
            (2) in subparagraph (B), by striking ``$15,000'' and 
        inserting ``$25,000''; and
            (3) in subparagraph (C), by striking ``$5,000'' and 
        inserting ``$7,500''.
    (c) Indexing.--
            (1) In general.--Section 315(c)(1)(B) of the Federal 
        Election Campaign Act of 1971 (2 U.S.C. 441a(c)(1)(B)) is 
        amended to read as follows:
                    ``(B) Except as provided in subparagraph (C)--
                            ``(i) in any calendar year after 2002--
                                    ``(I) a limitation established by 
                                subsection (a)(1)(A), (a)(1)(B), 
                                (a)(3), (b), (d), or (h) shall be 
                                increased by the percent difference 
                                determined under subparagraph (A);
                                    ``(II) each amount so increased 
                                shall remain in effect for the calendar 
                                year; and
                                    ``(III) if any amount after the 
                                adjustment under subclause (I) is not a 
                                multiple of $100, such amount shall be 
                                rounded to the nearest multiple of 
                                $100; and
                            ``(ii) in any calendar year after 2006--
                                    ``(I) a limitation established by 
                                subsection (a)(1)(C), (a)(1)(D), or 
                                (a)(2) shall be increased by the 
                                percent difference determined under 
                                subparagraph (A);
                                    ``(II) each amount so increased 
                                shall remain in effect for the calendar 
                                year; and
                                    ``(III) if any amount after the 
                                adjustment under subclause (I) is not a 
                                multiple of $100, such amount shall be 
                                rounded to the nearest multiple of 
                                $100.''.
            (2) Conforming amendments.--Section 315(c) of the Federal 
        Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended--
                    (A) in paragraph (1)(C), by striking ``subsections 
                (a)(1)(A), (a)(1)(B), (a)(3),'' and inserting 
                ``subsections (a)''; and
                    (B) in paragraph (2)(B)--
                            (i) by striking ``and'' at the end of 
                        clause (i);
                            (ii) by striking the period at the end of 
                        clause (ii) and inserting ``; and''; and
                            (iii) by adding at the end the following 
                        new clause:
                            ``(iii) for purposes of subsections 
                        (a)(1)(C), (a)(1)(D) and (a)(2), calendar year 
                        2005.''.
    (d) Special Rule for Transfers From Leadership PACs to National 
Party Committees.--Paragraph (4) of section 315(a) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4)) is amended--
            (1) by inserting ``(A)'' before ``The limitations''; and
            (2) by adding at the end the following:
                    ``(B) The limitations on contributions contained in 
                paragraphs (1) and (2) do not apply to transfers 
                between any committee (other than an authorized 
                committee) established, financed, maintained, or 
                controlled by a candidate or an individual holding a 
                Federal office and political committees established and 
                maintained by a national political party.''.
    (e) Elimination of Certain Restrictions on Solicitations by 
Corporations and Labor Organizations.--
            (1) Written solicitations.--Subparagraph (B) of section 
        316(b)(4) of the Federal Election Campaign Act of 1971 (2 
        U.S.C. 441b(b)(4)(B)) is amended--
                    (A) by striking ``2''; and
                    (B) by striking ``during the calendar year''.
            (2) Prior approval of solicitation for trade 
        associations.--Subparagraph (D) of section 316(b)(4) of the 
        Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(4)(D)) 
        is amended by striking ``to the extent that such solicitation'' 
        and all that follows and inserting a period.
    (f) Increase in Threshold for Political Committees.--
            (1) In general.--Section 301(4)(A) of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 431(4)(A)) is amended by 
        striking ``$1,000'' each place it appears and inserting 
        ``$10,000''.
            (2) Local committees.--
                    (A) Contributions received.--Section 301(4)(C) of 
                the Federal Election Campaign Act of 1971 (2 U.S.C. 
                431(4)(C)) is amended by striking ``$5,000'' each place 
                it appears and inserting ``$10,000''.
                    (B) Contributions made.--Section 301(4)(C) of the 
                Federal Election Campaign Act of 1971 (2 U.S.C. 
                431(4)(C)) is amended by striking ``$1,000'' each place 
                it appears and inserting ``$10,000''.
    (g) Effective Date.--The amendments made by this section shall 
apply to calendar years beginning after December 31, 2005.

SEC. 7. SEVERABILITY.

    If any provision of this Act or amendment made by this Act, or the 
application of a provision or amendment to any person or circumstance, 
is held to be unconstitutional, the remainder of this Act and 
amendments made by this Act, and the application of the provisions and 
amendment to any person or circumstance, shall not be affected by the 
holding.

SEC. 8. CONSTRUCTION.

    No provision of this Act, or amendment made by this Act, shall be 
construed--
            (1) as approving, ratifying, or endorsing a regulation 
        promulgated by the Federal Election Commission,
            (2) as establishing, modifying, or otherwise affecting the 
        definition of political organization for purposes of the 
        Internal Revenue Code of 1986, or
            (3) as affecting the determination of whether a group 
        organized under section 501(c) of the Internal Revenue Code of 
        1986 is a political committee under section 301(4) of the 
        Federal Election Campaign Act of 1971.

SEC. 9. JUDICIAL REVIEW.

    (a) Special Rules for Actions Brought on Constitutional Grounds.--
If any action is brought for declaratory or injunctive relief to 
challenge the constitutionality of any provision of this Act or any 
amendment made by this Act, the following rules shall apply:
            (1) The action shall be filed in the United States District 
        Court for the District of Columbia and shall be heard by a 3-
        judge court convened pursuant to section 2284 of title 28, 
        United States Code.
            (2) A copy of the complaint shall be delivered promptly to 
        the Clerk of the House of Representatives and the Secretary of 
        the Senate.
            (3) A final decision in the action shall be reviewable only 
        by appeal directly to the Supreme Court of the United States. 
        Such appeal shall be taken by the filing of a notice of appeal 
        within 10 days, and the filing of a jurisdictional statement 
        within 30 days, of the entry of the final decision.
            (4) It shall be the duty of the United States District 
        Court for the District of Columbia and the Supreme Court of the 
        United States to advance on the docket and to expedite to the 
        greatest possible extent the disposition of the action and 
        appeal.
    (b) Intervention by Members of Congress.--In any action in which 
the constitutionality of any provision of this Act or any amendment 
made by this Act is raised (including but not limited to an action 
described in subsection (a)), any Member of the House of 
Representatives (including a Delegate or Resident Commissioner to 
Congress) or Senate shall have the right to intervene either in support 
of or opposition to the position of a party to the case regarding the 
constitutionality of the provision or amendment. To avoid duplication 
of efforts and reduce the burdens placed on the parties to the action, 
the court in any such action may make such orders as it considers 
necessary, including orders to require intervenors taking similar 
positions to file joint papers or to be represented by a single 
attorney at oral argument.
    (c) Challenge by Members of Congress.--Any Member of Congress may 
bring an action, subject to the special rules described in subsection 
(a), for declaratory or injunctive relief to challenge the 
constitutionality of any provision of this Act or any amendment made by 
this Act.
    (d) Applicability.--
            (1) Initial claims.--With respect to any action initially 
        filed on or before December 31, 2008, the provisions of 
        subsection (a) shall apply with respect to each action 
        described in such subsection.
            (2) Subsequent actions.--With respect to any action 
        initially filed after December 31, 2008, the provisions of 
        subsection (a) shall not apply to any action described in such 
        subsection unless the person filing such action elects such 
        provisions to apply to the action.
                                                       Calendar No. 107

109th CONGRESS

  1st Session

                                S. 1053

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                                 A BILL

  To amend the Federal Election Campaign Act of 1971 to clarify when 
organizations described in section 527 of the Internal Revenue Code of 
  1986 must register as political committees, and for other purposes.

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                              May 17, 2005

                 Read twice and placed on the calendar