[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 936 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 936

  To reform the financing of Senate elections, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 20, 2007

Mr. Durbin (for himself and Mr. Specter) introduced the following bill; 
     which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To reform the financing of Senate elections, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fair Elections Now 
Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
     TITLE I--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS

              Subtitle A--Fair Elections Financing Program

Sec. 101. Findings and declarations.
Sec. 102. Eligibility requirements and benefits of fair elections 
                            financing of Senate election campaigns.
    ``TITLE V--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS

        ``Sec. 501. Definitions.
        ``Sec. 502. Senate Fair Elections Fund.
        ``Sec. 503. Eligibility for allocations from the Fund.
        ``Sec. 504. Seed money contribution requirement.
        ``Sec. 505. Qualifying contribution requirement.
        ``Sec. 506. Contribution and expenditure requirements.
        ``Sec. 507. Debate requirement.
        ``Sec. 508. Certification by Commission.
        ``Sec. 509. Benefits for participating candidates.
        ``Sec. 510. Allocations from the Fund.
        ``Sec. 511. Payment of fair fight funds.
        ``Sec. 512. Administration of the Senate fair elections system.
        ``Sec. 513. Violations and penalties.
Sec. 103. Reporting requirements for nonparticipating candidates.
Sec. 104. Modification of electioneering communication reporting 
                            requirements.
Sec. 105. Limitation on coordinated expenditures by political party 
                            committees with participating candidates.
Sec. 106. Audits.
            Subtitle B--Senate Fair Elections Fund Revenues

Sec. 111. Deposit of proceeds from recovered spectrum auctions.
Sec. 112. Tax credit for voluntary donations to Senate Fair Elections 
                            Fund.
              Subtitle C--Fair Elections Review Commission

Sec. 121. Establishment of Commission.
Sec. 122. Structure and membership of the commission.
Sec. 123. Powers of the Commission.
Sec. 124. Administration.
Sec. 125. Authorization of appropriations.
Sec. 126. Expedited consideration of Commission recommendations.
                      TITLE II--VOTER INFORMATION

Sec. 201. Broadcasts relating to candidates.
Sec. 202. Political advertisement vouchers for participating 
                            candidates.
Sec. 203. FCC to prescribe standardized form for reporting candidate 
                            campaign ads.
Sec. 204. Limit on Congressional use of the franking privilege.
     TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION

Sec. 301. Petition for certiorari.
Sec. 302. Filing by Senate candidates with Commission.
Sec. 303. Electronic filing of FEC reports.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Severability.
Sec. 402. Review of constitutional issues.
Sec. 403. Effective date.

     TITLE I--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS

              Subtitle A--Fair Elections Financing Program

SEC. 101. FINDINGS AND DECLARATIONS.

    (a) Undermining of Democracy by Campaign Contributions From Private 
Sources.--The Senate finds and declares that the current system of 
privately financed campaigns for election to the United States Senate 
has the capacity, and is often perceived by the public, to undermine 
democracy in the United States by--
            (1) creating a conflict of interest, perceived or real, by 
        encouraging Senators to accept large campaign contributions 
        from private interests that are directly affected by Federal 
        legislation;
            (2) diminishing or giving the appearance of diminishing a 
        Senator's accountability to constituents by compelling 
        legislators to be accountable to the major contributors who 
        finance their election campaigns;
            (3) violating the democratic principle of ``one person, one 
        vote'' and diminishing the meaning of the right to vote by 
        allowing monied interests to have a disproportionate and unfair 
        influence within the political process;
            (4) imposing large, unwarranted costs on taxpayers through 
        legislative and regulatory outcomes shaped by unequal access to 
        lawmakers for campaign contributors;
            (5) driving up the cost of election campaigns, making it 
        difficult for qualified candidates without personal wealth or 
        access to campaign contributions from monied individuals and 
        interest groups to mount competitive Senate election campaigns;
            (6) disadvantaging challengers, because large campaign 
        contributors tend to donate their money to incumbent Senators, 
        thus causing Senate elections to be less competitive; and
            (7) burdening incumbents with a preoccupation with 
        fundraising and thus decreasing the time available to carry out 
        their public responsibilities.
    (b) Enhancement of Democracy by Providing Allocations From the 
Senate Fair Elections Fund.--The Senate finds and declares that 
providing the option of the replacement of private campaign 
contributions with allocations from the Senate Fair Elections Fund for 
all primary, runoff, and general elections to the Senate would enhance 
American democracy by--
            (1) eliminating the potentially inherent conflict of 
        interest created by the private financing of the election 
        campaigns of public officials, thus restoring public confidence 
        in the integrity and fairness of the electoral and legislative 
        processes;
            (2) increasing the public's confidence in the 
        accountability of Senators to the constituents who elect them;
            (3) helping to eliminate access to wealth as a determinant 
        of a citizen's influence within the political process and to 
        restore meaning to the principle of ``one person, one vote'';
            (4) reversing the escalating cost of elections and saving 
        taxpayers billions of dollars that are (or that are perceived 
        to be) currently allocated based upon legislative and 
        regulatory agendas skewed by the influence of campaign 
        contributions;
            (5) creating a more level playing field for incumbents and 
        challengers by creating genuine opportunities for all Americans 
        to run for the Senate and by encouraging more competitive 
        elections; and
            (6) freeing Senators from the incessant preoccupation with 
        raising money, and allowing them more time to carry out their 
        public responsibilities.

SEC. 102. ELIGIBILITY REQUIREMENTS AND BENEFITS OF FAIR ELECTIONS 
              FINANCING OF SENATE ELECTION CAMPAIGNS.

    The Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is 
amended by adding at the end the following:

    ``TITLE V--FAIR ELECTIONS FINANCING OF SENATE ELECTION CAMPAIGNS

``SEC. 501. DEFINITIONS.

    ``In this title:
            ``(1) Allocation from the fund.--The term `allocation from 
        the Fund' means an allocation of money from the Senate Fair 
        Elections Fund to a participating candidate pursuant to 
        sections 510 and 511.
            ``(2) Fair elections qualifying period.--The term `fair 
        elections qualifying period' means, with respect to any 
        candidate for Senator, the period--
                    ``(A) beginning on the date on which the candidate 
                files a statement of intent under section 503(a)(1); 
                and
                    ``(B) ending on the date that is 30 days before--
                            ``(i) the date of the primary election; or
                            ``(ii) in the case of a State that does not 
                        hold a primary election, the date prescribed by 
                        State law as the last day to qualify for a 
                        position on the general election ballot.
            ``(3) Fair elections start date.--The term `fair elections 
        start date' means, with respect to any candidate, the date that 
        is 180 days before--
                    ``(A) the date of the primary election; or
                    ``(B) in the case of a State that does not hold a 
                primary election, the date prescribed by State law as 
                the last day to qualify for a position on the general 
                election ballot.
            ``(4) Fund.--The term `Fund' means the Senate Fair 
        Elections Fund established by section 502.
            ``(5) Immediate family.--The term `immediate family' means, 
        with respect to any candidate--
                    ``(A) the candidate's spouse;
                    ``(B) a child, stepchild, parent, grandparent, 
                brother, half-brother, sister, or half-sister of the 
                candidate or the candidate's spouse; and
                    ``(C) the spouse of any person described in 
                subparagraph (B).
            ``(6) Independent candidate.--The term `independent 
        candidate' means a candidate for Senator who is--
                    ``(A) not affiliated with any political party; or
                    ``(B) affiliated with a political party that--
                            ``(i) in the case of a candidate in a State 
                        that holds a primary election for Senator, does 
                        not hold a primary election for Senator; or
                            ``(ii) in the case of a candidate in a 
                        State that does not hold primary election for 
                        Senator, does not have ballot status in such 
                        State.
            ``(7) Major party candidate.--
                    ``(A) In general.--The term `major party candidate' 
                means a candidate for Senator who is affiliated with a 
                major political party.
                    ``(B) Major political party.--The term `major 
                political party' means, with respect to any State, a 
                political party of which a candidate for the office of 
                Senator, President, or Governor in the preceding 5 
                years, received, as a candidate of that party in such 
                State, 25 percent or more of the total number of 
                popular votes cast for such office in such State.
            ``(8) Minor party candidate.--The term `minor party 
        candidate' means a candidate for Senator who is affiliated with 
        a political party that--
                    ``(A) holds a primary for Senate nominations; and
                    ``(B) is not a major political party.
            ``(9) Nonparticipating candidate.--The term 
        `nonparticipating candidate' means a candidate for Senator who 
        is not a participating candidate.
            ``(10) Participating candidate.--The term `participating 
        candidate' means a candidate for Senator who is certified under 
        section 508 as being eligible to receive an allocation from the 
        Fund.
            ``(11) Qualifying contribution.--The term `qualifying 
        contribution' means, with respect to a candidate, a 
        contribution that--
                    ``(A) is in the amount of $5 exactly;
                    ``(B) is made by an individual who--
                            ``(i) is a resident of the State with 
                        respect to which the candidate is seeking 
                        election; and
                            ``(ii) is not prohibited from making a 
                        contribution under this Act;
                    ``(C) is made during the fair elections qualifying 
                period; and
                    ``(D) meets the requirements of section 505(c).
            ``(12) Seed money contribution.--The term `seed money 
        contribution' means a contribution or contributions by any 1 
        individual--
                    ``(A) aggregating not more than $100; and
                    ``(B) made to a candidate after the date of the 
                most recent previous election for the office which the 
                candidate is seeking and before the date the candidate 
                has been certified as a participating candidate under 
                section 508(a).

``SEC. 502. SENATE FAIR ELECTIONS FUND.

    ``(a) Establishment.--There is established in the Treasury a fund 
to be known as the `Senate Fair Elections Fund'.
    ``(b) Amounts Held by Fund.--The Fund shall consist of the 
following amounts:
            ``(1) Proceeds from recovered spectrum.--Proceeds deposited 
        into the Fund under section 309(j)(8)(E)(ii)(II) of the 
        Communications Act of 1934.
            ``(2) Excess spectrum user fees.--Amounts deposited in the 
        Fund under section 315A(f)(2)(B)(ii) of the Communications Act 
        of 1934.
            ``(3) Voluntary contributions.--Voluntary contributions to 
        the fund.
            ``(4) Qualifying contributions, penalties, and other 
        deposits.--Amounts deposited into the Fund under--
                    ``(A) section 504(2) (relating to limitation on 
                amount of seed money);
                    ``(B) section 505(d) (relating to deposit of 
                qualifying contributions);
                    ``(C) section 506(c) (relating to exceptions to 
                contribution requirements);
                    ``(D) section 509(c) (relating to remittance of 
                allocations from the Fund);
                    ``(E) section 513 (relating to violations); and
                    ``(F) any other section of this Act.
            ``(5) Investment returns.--Interest on, and the proceeds 
        from, the sale or redemption of, any obligations held by the 
        Fund under subsection (c).
    ``(c) Investment.--The Commission shall invest portions of the Fund 
in obligations of the United States in the same manner as provided 
under section 9602(b) of the Internal Revenue Code of 1986.
    ``(d) Use of Fund.--
            ``(1) In general.--The sums in the Senate Fair Elections 
        Fund shall be used to make allocations to participating 
        candidates in accordance with sections 510 and 511.
            ``(2) Insufficient amounts.--Under regulations established 
        by the Commission, rules similar to the rules of section 
        9006(c) of the Internal Revenue Code shall apply.

``SEC. 503. ELIGIBILITY FOR ALLOCATIONS FROM THE FUND.

    ``(a) In General.--A candidate for Senator is eligible to receive 
an allocation from the Fund for any election if the candidate meets the 
following requirements:
            ``(1) The candidate files with the Commission a statement 
        of intent to seek certification as a participating candidate 
        under this title during the period beginning on the fair 
        elections start date and ending on the last day of the fair 
        elections qualifying period.
            ``(2) The candidate has complied with the seed money 
        contribution requirements of section 504.
            ``(3) The candidate meets the qualifying contribution 
        requirements of section 505.
            ``(4) Not later than the last day of the fair elections 
        qualifying period, the candidate files with the Commission an 
        affidavit signed by the candidate and the treasurer of the 
        candidate's principal campaign committee declaring that the 
        candidate--
                    ``(A) has complied and, if certified, will comply 
                with the contribution and expenditure requirements of 
                section 506;
                    ``(B) if certified, will comply with the debate 
                requirements of section 507;
                    ``(C) if certified, will not run as a 
                nonparticipating candidate during such year in any 
                election for the office that such candidate is seeking; 
                and
                    ``(D) has either qualified or will take steps to 
                qualify under State law to be on the ballot.
    ``(b) General Election.--Notwithstanding subsection (a), a 
candidate shall not be eligible to receive an allocation from the Fund 
for a general election or a general run off election unless the 
candidate's party nominated the candidate to be placed on the ballot 
for the general election or the candidate qualified to be placed on the 
ballot as an independent candidate, and the candidate is qualified 
under State law to be on the ballot.

``SEC. 504. SEED MONEY CONTRIBUTION REQUIREMENT.

    ``A candidate for Senator meets the seed money contribution 
requirements of this section if the candidate meets the following 
requirements:
            ``(1) Separate accounting.--The candidate maintains seed 
        money contributions in a separate account.
            ``(2) Limitation on amount.--The candidate deposits into 
        the Senate Fair Elections Fund or returns to donors an amount 
        equal to the amount of any seed money contributions which, in 
        the aggregate, exceed the sum of--
                    ``(A) in the case of an independent candidate, the 
                amount which the candidate would be entitled to under 
                section 510(c)(3); and
                    ``(B) in the case of any other candidate, the 
                amount which the candidate would be entitled to under 
                section 510(c)(1).
            ``(3) Use of seed money.--The candidate makes expenditures 
        from seed money contributions only for campaign-related costs.
            ``(4) Records.--The candidate maintains a record of the 
        name and street address of any contributor of a seed money 
        contribution and the amount of any such contribution.
            ``(5) Report.--Unless a seed money contribution or an 
        expenditure made with a seed money contribution has been 
        reported previously under section 304, the candidate files with 
        the Commission a report disclosing all seed money contributions 
        and expenditures not later than 48 hours after receiving 
        notification of the determination with respect to the 
        certification of the candidate under section 508.

``SEC. 505. QUALIFYING CONTRIBUTION REQUIREMENT.

    ``(a) In General.--A candidate for Senator meets the requirement of 
this section if, during the fair elections qualifying period, the 
candidate obtains a number of qualifying contributions equal to the sum 
of--
            ``(1) 2,000; plus
            ``(2) 500 for each congressional district in excess of 1 in 
        the State with respect to which the candidate is seeking 
        election.
    ``(b) Special Rule for Certain Candidates.--
            ``(1) In general.--Notwithstanding subsection (a), in the 
        case of a candidate described in paragraph (2), the requirement 
        of this section is met if, during the fair elections qualifying 
        period, the candidate obtains a number of qualifying 
        contributions equal to 150 percent of the number of qualifying 
        contributions that such candidate would be required to obtain 
        without regard to this subsection.
            ``(2) Candidate described.--A candidate is described in 
        this paragraph if--
                    ``(A) the candidate is a minor party candidate or 
                an independent candidate; and
                    ``(B) in the most recent general election involving 
                the office of Senator, President, or Governor in the 
                State in which the candidate is seeking office, the 
                candidate and all candidates of the same political 
                party as such candidate received less than 5 percent of 
                the total number of votes cast for each such office.
    ``(c) Requirements Relating to Receipt of Qualifying 
Contribution.--Each qualifying contribution--
            ``(1) may be made by means of a personal check, money 
        order, debit card, or credit card;
            ``(2) shall be payable to the Senate Fair Elections Fund;
            ``(3) shall be accompanied by a signed statement 
        containing--
                    ``(A) the contributor's name and home address;
                    ``(B) an oath declaring that the contributor--
                            ``(i) is a resident of the State in which 
                        the candidate with respect to whom the 
                        contribution is made is running for election;
                            ``(ii) understands that the purpose of the 
                        qualifying contribution is to show support for 
                        the candidate so that the candidate may qualify 
                        for public financing;
                            ``(iii) is making the contribution in his 
                        or her own name and from his or her own funds;
                            ``(iv) has made the contribution willingly; 
                        and
                            ``(v) has not received any thing of value 
                        in return for the contribution; and
            ``(4) shall be acknowledged by a receipt that is sent to 
        the contributor with a copy kept by the candidate for the 
        Commission and a copy kept by the candidate for the election 
        authorities in the State with respect to which the candidate is 
        seeking election.
    ``(d) Deposit of Qualifying Contributions.--
            ``(1) In general.--Not later than 21 days after obtaining a 
        qualifying contribution, a candidate shall--
                    ``(A) deposit such contribution into the Senate 
                Fair Elections Fund, and
                    ``(B) remit to the Commission a copy of the receipt 
                for such contribution.
            ``(2) Deposit of contributions after certification.--
        Notwithstanding paragraph (1), all qualifying contributions 
        obtained by a candidate shall be deposited into the Senate Fair 
        Elections Fund and all copies of receipts for such 
        contributions shall be remitted to the Commission not later 
        than--
                    ``(A) in the case of a candidate who is denied 
                certification under section 508, 3 days after receiving 
                a notice of denial of certification under section 
                508(a)(2); and
                    ``(B) in any other case, not later than the last 
                day of the fair elections qualifying period.
    ``(e) Verification of Qualifying Contributions.--The Commission 
shall establish procedures for the auditing and verification of 
qualifying contributions to ensure that such contributions meet the 
requirements of this section. Such procedures may provide for 
verification through the means of a postcard or other method, as 
determined by the Commission.

``SEC. 506. CONTRIBUTION AND EXPENDITURE REQUIREMENTS.

    ``(a) General Rule.--A candidate for Senator meets the requirements 
of this section if, during the election cycle of the candidate, the 
candidate--
            ``(1) except as provided in subsection (b), accepts no 
        contributions other than--
                    ``(A) seed money contributions;
                    ``(B) qualifying contributions made payable to the 
                Senate Fair Elections Fund;
                    ``(C) allocations from the Senate Fair Elections 
                Fund under sections 510 and 511; and
                    ``(D) vouchers provided to the candidate under 
                section 315A of the Communications Act of 1934;
            ``(2) makes no expenditures from any amounts other than 
        from--
                    ``(A) amounts received from seed money 
                contributions;
                    ``(B) amounts received from the Senate Fair 
                Elections Fund; and
                    ``(C) vouchers provided to the candidate under 
                section 315A of the Communications Act of 1934; and
            ``(3) makes no expenditures from personal funds or the 
        funds of any immediate family member (other than funds received 
        through seed money contributions).
For purposes of this subsection, a payment made by a political party in 
coordination with a participating candidate shall not be treated as a 
contribution to or as an expenditure made by the participating 
candidate.
    ``(b) Contributions for Leadership PACs, etc.--A political 
committee of a participating candidate which is not an authorized 
committee of such candidate may accept contributions other than 
contributions described in subsection (a)(1) from any person if--
            ``(1) the aggregate contributions from such person for any 
        for a calendar year do not exceed $100; and
            ``(2) no portion of such contributions is disbursed in 
        connection with the campaign of the participating candidate.
    ``(c) Exception.--
            ``(1) In general.--Notwithstanding subsection (a), a 
        candidate shall not be treated as having failed to meet the 
        requirements of this section if any contributions accepted 
        before the date the candidate files a statement of intent under 
        section 503(a)(1) are not expended and are--
                    ``(A) returned to the contributor; or
                    ``(B) submitted to the Federal Election Commission 
                for deposit in the Senate Fair Elections Fund.
            ``(2) Special rule for seed money contributions and 
        contributions for leadership pacs.--For purposes of paragraph 
        (1), a candidate shall not be required to return, donate, or 
        submit any portion of the aggregate amount of contributions 
        from any person which is $100 or less to the extent that such 
        contribution--
                    ``(A) otherwise qualifies as a seed money 
                contribution; or
                    ``(B) otherwise meets the requirements of 
                subsection (b).
            ``(3) Special rule for contributions before the date of 
        enactment of this title.--Notwithstanding subsection (a), a 
        candidate shall not be treated as having failed to meet the 
        requirements of this section if any contributions accepted 
        before the date of the enactment of this title are not expended 
        and are--
                    ``(A) returned to the contributor;
                    ``(B) donated to an organization described in 
                section 170(c) of the Internal Revenue Code of 1986;
                    ``(C) donated to a political party;
                    ``(D) used to retire campaign debt; or
                    ``(E) submitted to the Federal Election Commission 
                for deposit in the Senate Fair Elections Fund.

``SEC. 507. DEBATE REQUIREMENT.

    ``A candidate for Senator meets the requirements of this section if 
the candidate participates in at least--
            ``(1) 1 public debate before the primary election with 
        other participating candidates and other willing candidates 
        from the same party and seeking the same nomination as such 
        candidate; and
            ``(2) 2 public debates before the general election with 
        other participating candidates and other willing candidates 
        seeking the same office as such candidate.

``SEC. 508. CERTIFICATION BY COMMISSION.

    ``(a) In General.--Not later than 5 days after a candidate for 
Senator files an affidavit under section 503(a)(4), the Commission 
shall--
            ``(1) certify whether or not the candidate is a 
        participating candidate; and
            ``(2) notify the candidate of the Commission's 
        determination.
    ``(b) Revocation of Certification.--
            ``(1) In general.--The Commission may revoke a 
        certification under subsection (a) if--
                    ``(A) a candidate fails to qualify to appear on the 
                ballot at any time after the date of certification; or
                    ``(B) a candidate otherwise fails to comply with 
                the requirements of this title.
            ``(2) Repayment of benefits.--If certification is revoked 
        under paragraph (1), the candidate shall repay--
                    ``(A) to the Senate Fair Elections Fund an amount 
                equal to the value of benefits received under this 
                title plus interest (at a rate determined by the 
                Commission) on any such amount received; and
                    ``(B) to Federal Communications Commission an 
                amount equal to the amount of the dollar value of 
                vouchers which were received from the Federal 
                Communications Commission under section 315A of the 
                Communications Act of 1934 and used by the candidate.

``SEC. 509. BENEFITS FOR PARTICIPATING CANDIDATES.

    ``(a) In General.--A participating candidate shall be entitled to--
            ``(1) for each election with respect to which a candidate 
        is certified as a participating candidate--
                    ``(A) an allocation from the Fund to make or 
                obligate to make expenditures with respect to such 
                election, as provided in section 510;
                    ``(B) fair fight funds, as provided in section 511; 
                and
            ``(2) for the general election, vouchers for broadcasts of 
        political advertisements, as provided in section 315A of the 
        Communications Act of 1934 (47 U.S.C. 315A).
    ``(b) Restriction on Uses of Allocations From the Fund.--
Allocations from the Fund received by a participating candidate under 
sections 510 and 511 may only be used for campaign-related costs.
    ``(c) Remitting Allocations From the Fund.--Not later than the date 
that is 45 days after the date of the election, a participating 
candidate shall remit to the Commission for deposit in the Senate Fair 
Elections Fund any unspent amounts paid to such candidate under this 
title for such election.

``SEC. 510. ALLOCATIONS FROM THE FUND.

    ``(a) In General.--The Commission shall make allocations from the 
Fund under section 509(a)(1)(A) to a participating candidate--
            ``(1) in the case of amounts provided under subsection 
        (c)(1), not later than 48 hours after the date on which such 
        candidate is certified as a participating candidate under 
        section 508;
            ``(2) in the case of a general election, not later than 48 
        hours after--
                    ``(A) the date the certification of the results of 
                the primary election or the primary runoff election; or
                    ``(B) in any case in which there is no primary 
                election, the date the candidate qualifies to be placed 
                on the ballot; and
            ``(3) in the case of a primary runoff election or a general 
        runoff election, not later than 48 hours after the 
        certification of the results of the primary election or the 
        general election, as the case may be.
    ``(b) Method of Payment.--The Commission shall distribute funds 
available to participating candidates under this section through the 
use of an electronic funds exchange or a debit card.
    ``(c) Amounts.--
            ``(1) Primary election allocation; initial allocation.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B), the Commission shall make an 
                allocation from the Fund for a primary election to a 
                participating candidate in an amount equal to 67 
                percent of the base amount with respect to such 
                participating candidate.
                    ``(B) Independent candidates.--In the case of a 
                participating candidate who is an independent 
                candidate, the Commission shall make an initial 
                allocation from the Fund in an amount equal to 25 
                percent of the base amount with respect to such 
                candidate.
                    ``(C) Reduction for excess seed money.--An 
                allocation from the Fund for any candidate under this 
                paragraph shall be reduced by an amount equal to the 
                aggregate amount of seed money contributions received 
                by the candidate in excess of the sum of--
                            ``(i) $75,000; plus
                            ``(ii) $7,500 for each congressional 
                        district in excess of 1 in the State with 
                        respect to which the candidate is seeking 
                        election.
            ``(2) Primary runoff election allocation.--The Commission 
        shall make an allocation from the Fund for a primary runoff 
        election to a participating candidate in an amount equal to 25 
        percent of the amount the participating candidate was eligible 
        to receive under this section for the primary election.
            ``(3) General election allocation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Commission shall make an 
                allocation from the Fund for a general election to a 
                participating candidate in an amount equal to the base 
                amount with respect to such candidate.
                    ``(B) Uncontested elections.--
                            ``(i) In general.--The Commission shall 
                        make an allocation from the Fund to a 
                        participating candidate for a general election 
                        that is uncontested in an amount equal to 25 
                        percent of the base amount with respect to such 
                        candidate.
                            ``(ii) Uncontested elections.--For purposes 
                        of this subparagraph, an election is 
                        uncontested if not more than 1 candidate has 
                        received contributions (including payments from 
                        the Senate Fair Elections Fund) in an amount 
                        equal to or greater than the lesser of--
                                    ``(I) the amount in effect for a 
                                candidate in such election under 
                                paragraph (1)(C), or
                                    ``(II) an amount equal to 50 
                                percent of the base amount with respect 
                                to such candidate.
                    ``(C) Reduction for excess seed money.--The 
                allocation from the Fund for the general election for 
                any participating candidate in a State that does not 
                hold a primary election shall be reduced by an amount 
                equal to the aggregate amount of seed money 
                contributions received by the candidate in excess of 
                the sum of--
                            ``(i) $75,000; plus
                            ``(ii) $7,500 for each congressional 
                        district in excess of 1 in the State with 
                        respect to which the candidate is seeking 
                        election.
            ``(4) General runoff election allocation.--The Commission 
        shall make an allocation from the Fund for a general runoff 
        election to a participating candidate in an amount equal to 25 
        percent of the base amount with respect to such candidate.
    ``(d) Base Amount.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the base amount for any candidate is an amount 
        equal to the sum of--
                    ``(A) $750,000; plus
                    ``(B) $150,000 for each congressional district in 
                excess of 1 in the State with respect to which the 
                candidate is seeking election.
            ``(2) Minor party and independent candidates.--
                    ``(A) Reduced amount for certain candidates.--
                            ``(i) In general.--In the case of a minor 
                        party candidate or independent candidate 
                        described clause (ii), the base amount is an 
                        amount equal to the product of--
                                    ``(I) a fraction the numerator of 
                                which is the highest percentage of the 
                                vote received by the candidate or a 
                                candidate of the same political party 
                                as such candidate in the election 
                                described in clause (ii) and the 
                                denominator of which is 25 percent; and
                                    ``(II) the amount that would (but 
                                for this paragraph) be the base amount 
                                for the candidate under paragraph (1).
                            ``(ii) Candidate described.--A candidate is 
                        described in this clause if, in the most recent 
                        general election involving the office of 
                        Senator, President, or Governor in the State in 
                        which the candidate is seeking office--
                                    ``(I) such candidate, or any 
                                candidate of the same political party 
                                as such candidate, received 5 percent 
                                or more of the total number of votes 
                                cast for any such office; and
                                    ``(II) such candidate and all 
                                candidates of the same political party 
                                as such candidate received less than 25 
                                percent of the total number of votes 
                                cast for each such office.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                to any candidate if such candidate receives a number of 
                qualifying contributions which is greater than 150 
                percent of the number of qualifying contributions such 
                candidate is required to receive in order to meet the 
                requirements of section 505(a).
            ``(3) Indexing.--In each odd-numbered year after 2010--
                    ``(A) each dollar amount under paragraph (1) shall 
                be increased by the percent difference between the 
                price index (as defined in section 315(c)(2)(A)) for 
                the 12 months preceding the beginning of such calendar 
                year and the price index for calendar year 2008;
                    ``(B) each dollar amount so increased shall remain 
                in effect for the 2-year period beginning on the first 
                day following the date of the last general election in 
                the year preceding the year in which the amount is 
                increased and ending on the date of the next general 
                election; and
                    ``(C) if any amount after adjustment under 
                subparagraph (A) is not a multiple of $100, such amount 
                shall be rounded to the nearest multiple of $100.
            ``(4) Adjustment by media market.--
                    ``(A) In general.--The Commission, in consultation 
                with the Federal Communications Commission, shall 
                establish an index reflecting the costs of the media 
                markets in each State.
                    ``(B) Adjustment.--At the beginning of each year, 
                the Commission shall increase the amount under 
                paragraph (1) (after application of paragraph (3)) 
                based on the index established under subparagraph (A).

``SEC. 511. PAYMENT OF FAIR FIGHT FUNDS.

    ``(a) Determination of Right to Payment.--
            ``(1) In general.--The Commission shall, on a regular 
        basis, make a determination on--
                    ``(A) the amount of opposing funds with respect to 
                each participating candidate, and
                    ``(B) the applicable amount with respect to each 
                participating candidate.
            ``(2) Basis of determinations.--The Commission shall make 
        determinations under paragraph (1) based on--
                    ``(A) reports filed by the relevant opposing 
                candidate under section 304(a) with respect to amounts 
                described in subsection (c)(1)(A)(i)(I); and
                    ``(B) reports filed by political committees under 
                section 304(a) and by other persons under section 
                304(c) with respect to--
                            ``(i) opposing funds described in clauses 
                        (ii)(I) and (iii)(I) of subsection (c)(1)(A); 
                        and
                            ``(ii) applicable amounts described in 
                        subparagraphs (B)(i) and (C)(i) of subsection 
                        (b)(2).
            ``(3) Requests for determination relating to certain 
        electioneering communications.--
                    ``(A) In general.--A participating candidate may 
                request to the Commission to make a determination under 
                paragraph (1) with respect to any relevant opposing 
                candidate with respect to--
                            ``(i) opposing funds described in clauses 
                        (ii)(II) and (iii)(II) of subsection (c)(1)(A); 
                        and
                            ``(ii) applicable amounts described in 
                        subparagraphs (B)(ii) and (C)(ii) of subsection 
                        (b)(2).
                    ``(B) Time for making determination.--In the case 
                of any such request, the Commission shall make such 
                determination and notify the participating candidate of 
                such determination not later than--
                            ``(i) 24 hours after receiving such request 
                        during the 3-week period ending on the date of 
                        the election, and
                            ``(ii) 48 hours after receiving such 
                        request at any other time.
    ``(b) Payments.--
            ``(1) In general.--The Commission shall make available to 
        the participating candidate fair fight funds in an amount equal 
        to the amount of opposing funds that is in excess of the 
        applicable amount--
                    ``(A) immediately after making any determination 
                under subsection (a) with respect to any participating 
                candidate during the 3-week period ending on the date 
                of the election, and
                    ``(B) not later than 24 hours after making such 
                determination at any other time.
            ``(2) Applicable amount.--For purposes of this section, the 
        applicable amount is an amount equal to the sum of--
                    ``(A) the sum of--
                            ``(i) the amount of seed money contribution 
                        received by the participating candidate;
                            ``(ii) in the case of a general election, 
                        the value of any vouchers received by the 
                        candidate under section 315A of the 
                        Communications Act of 1934; plus
                            ``(iii)(I) in the case of a participating 
                        candidate who is a minor party candidate 
                        running in a general election or an independent 
                        candidate, the allocation from the Fund which 
                        would have been provided to such candidate for 
                        such election if such candidate were a major 
                        party candidate; or
                            ``(II) in the case of any other 
                        participating candidate, an amount equal to the 
                        allocation from the Fund to such candidate for 
                        such election under section 510(c);
                    ``(B) the sum of--
                            ``(i) the amount of independent 
                        expenditures made advocating the election of 
                        the participating candidate; plus
                            ``(ii) the amount of disbursements for 
                        electioneering communications which promote or 
                        support such participating candidate;
                    ``(C) the sum of--
                            ``(i) the amount of independent 
                        expenditures made advocating the defeat of the 
                        relevant opposing candidate; plus
                            ``(ii) the amount of disbursements for 
                        electioneering communications which attack or 
                        oppose the relevant opposing candidate; plus
                    ``(D) the amount of fair fight funds previously 
                provided to the participating candidate under this 
                subsection for the election.
            ``(3) Limits on amount of payment.--The aggregate of fair 
        fight funds that a participating candidate receives under this 
        subsection for any election shall not exceed 200 percent of the 
        allocation from the Fund that the participating candidate 
        receives for such election under section 510(c).
    ``(c) Definitions.--For purposes of this section--
            ``(1) Opposing funds.--
                    ``(A) In general.--The term `opposing funds' means, 
                with respect to any participating candidate for any 
                election, the sum of--
                            ``(i)(I) the greater of the total 
                        contributions received by the relevant opposing 
                        candidate or the total expenditures made by 
                        such relevant opposing candidate; or
                            ``(II) in the case of a relevant opposing 
                        candidate who is a participating candidate, an 
                        amount equal to the sum of the amount of seed 
                        money contributions received by the relevant 
                        opposing candidate, the value of any vouchers 
                        received by the relevant opposing candidate for 
                        the general election under section 315A of the 
                        Communications Act of 1934, and the allocation 
                        from the Fund under section 510(c) for the 
                        relevant opposing candidate for such election;
                            ``(ii) the sum of--
                                    ``(I) the amount of independent 
                                expenditures made advocating the 
                                election of such relevant opposing 
                                candidate; plus
                                    ``(II) the amount of disbursements 
                                for electioneering communications which 
                                promote or support such relevant 
                                opposing candidate; plus
                            ``(iii) the sum of--
                                    ``(I) the amount of independent 
                                expenditures made advocating the defeat 
                                of such participating candidate; plus
                                    ``(II) the amount of disbursements 
                                for electioneering communications which 
                                attack or oppose such participating 
                                candidate.
            ``(2) Relevant opposing candidate.--The term `relevant 
        opposing candidate' means, with respect to any participating 
        candidate, the opposing candidate of such participating 
        candidate with respect to whom the amount under paragraph (1) 
        is the greatest.
            ``(3) Electioneering communication.--The term 
        `electioneering communication' has the meaning given such term 
        under section 304(f)(3), except that subparagraph 
        (A)(i)(II)(aa) thereof shall be applied by substituting `30' 
        for `60'.

``SEC. 512. ADMINISTRATION OF THE SENATE FAIR ELECTIONS SYSTEM.

    ``(a) Regulations.--The Commission shall prescribe regulations to 
carry out the purposes of this title, including regulations--
            ``(1) to establish procedures for--
                    ``(A) verifying the amount of valid qualifying 
                contributions with respect to a candidate;
                    ``(B) effectively and efficiently monitoring and 
                enforcing the limits on the use of personal funds by 
                participating candidates;
                    ``(C) the expedited payment of fair fight funds 
                during the 3-week period ending on the date of the 
                election;
                    ``(D) monitoring the use of allocations from the 
                Fund under this title through audits or other 
                mechanisms; and
                    ``(E) returning unspent disbursements and disposing 
                of assets purchased with allocations from the Fund;
            ``(2) providing for the administration of the provisions of 
        this title with respect to special elections;
            ``(3) pertaining to the replacement of candidates;
            ``(4) regarding the conduct of debates in a manner 
        consistent with the best practices of States that provide 
        public financing for elections; and
            ``(5) for attributing expenditures to specific elections 
        for the purposes of calculating opposing funds.
    ``(b) Operation of Commission.--The Commission shall maintain 
normal business hours during the weekend immediately before any general 
election for the purposes of administering the provisions of this 
title, including the distribution of fair fight funds under section 
511.
    ``(c) Reports.--Not later than April 1, 2009, and every 2 years 
thereafter, the Commission shall submit to the Senate Committee on 
Rules and Administration a report documenting, evaluating, and making 
recommendations relating to the administrative implementation and 
enforcement of the provisions of this title.

``SEC. 513. VIOLATIONS AND PENALTIES.

    ``(a) Civil Penalty for Violation of Contribution and Expenditure 
Requirements.--If a candidate who has been certified as a participating 
candidate under section 508(a) accepts a contribution or makes an 
expenditure that is prohibited under section 506, the Commission shall 
assess a civil penalty against the candidate in an amount that is not 
more than 3 times the amount of the contribution or expenditure. Any 
amounts collected under this subsection shall be deposited into the 
Senate Fair Elections Fund.
    ``(b) Repayment for Improper Use of Fair Elections Fund.--
            ``(1) In general.--If the Commission determines that any 
        benefit made available to a participating candidate under this 
        title was not used as provided for in this title or that a 
        participating candidate has violated any of the dates for 
        remission of funds contained in this title, the Commission 
        shall so notify the candidate and the candidate shall pay to 
        the Senate Fair Elections Fund an amount equal to--
                    ``(A) the amount of benefits so used or not 
                remitted, as appropriate, and
                    ``(B) interest on any such amounts (at a rate 
                determined by the Commission).
            ``(2) Other action not precluded.--Any action by the 
        Commission in accordance with this subsection shall not 
        preclude enforcement proceedings by the Commission in 
        accordance with section 309(a), including a referral by the 
        Commission to the Attorney General in the case of an apparent 
        knowing and willful violation of this title.''.

SEC. 103. REPORTING REQUIREMENTS FOR NONPARTICIPATING CANDIDATES.

    (a) In General.--Section 304 of the Federal Election Campaign Act 
of 1971 (2 U.S.C. 434) is amended by adding at the end the following:
    ``(i) Nonparticipating Candidates.--
            ``(1) Initial report.--
                    ``(A) In general.--Each nonparticipating candidate 
                who is opposed to a participating candidate and who 
                receives contributions or makes expenditures 
                aggregating more than the threshold amount shall, 
                within 48 hours of the date such aggregate 
                contributions or expenditures exceed the threshold 
                amount, file with the Commission a report stating the 
                total amount of contributions received and expenditures 
                made or obligated by such candidate.
                    ``(B) Threshold amount.--For purposes of this 
                paragraph, the term `threshold amount' means 75 percent 
                of the allocation from the Fund that a participating 
                candidate would be entitled to receive in such election 
                under section 510 if the participating candidate were a 
                major party candidate.
            ``(2) Periodic reports.--
                    ``(A) In general.--In addition to any reports 
                required under subsection (a), each nonparticipating 
                candidate who is required to make a report under 
                paragraph (1) shall make the following reports:
                            ``(i) A report which shall be filed not 
                        later than 5 P.M. on the forty-second day 
                        before the date on which the election involving 
                        such candidate is held and which shall be 
                        complete through the forty-fourth day before 
                        such date.
                            ``(ii) A report which shall be filed not 
                        later than 5 P.M. on the twenty-first day 
                        before the date on which the election involving 
                        such candidate is held and which shall be 
                        complete through the twenty-third day before 
                        such date.
                            ``(iii) A report which shall be filed not 
                        later than 5 P.M. on the twelfth day before the 
                        date on which the election involving such 
                        candidate is held and which shall be complete 
                        through the fourteenth day before such date.
                    ``(B) Additional reporting within 2 weeks of 
                election.--Each nonparticipating candidate who is 
                required to make a report under paragraph (1) and who 
                receives contributions or makes expenditures 
                aggregating more than $1,000 at any time after the 
                fourteenth day before the date of the election 
                involving such candidate shall make a report to the 
                Commission not later than 24 hours after such 
                contributions are received or such expenditures are 
                made.
                    ``(C) Contents of report.--Each report required 
                under this paragraph shall state the total amount of 
                contributions received and expenditures made or 
                obligated to be made during the period covered by the 
                report.
            ``(3) Definitions.--For purposes of this subsection and 
        section 309(a)(13), the terms `nonparticipating candidate', 
        `participating candidate', and `allocation from the Fund' have 
        the respective meanings given to such terms under section 
        501.''.
    (b) Increased Penalty for Failure To File.--Section 309(a) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 437(g)) is amended by 
adding at the end the following new paragraph:
            ``(13) Increased civil penalties with respect to reporting 
        by nonparticipating candidates.--For purposes of paragraphs (5) 
        and (6), any civil penalty with respect to a violation of 
        section 304(i) shall not exceed the greater of--
                    ``(A) the amount otherwise applicable without 
                regard to this paragraph; or
                    ``(B) for each day of the violation, 3 times the 
                amount of the fair fight funds under section 511 that 
                otherwise would have been allocated to the 
                participating candidate but for such violation.''.

SEC. 104. MODIFICATION OF ELECTIONEERING COMMUNICATION REPORTING 
              REQUIREMENTS.

    Paragraph (2) of section 304(f) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 434(f)(2)) is amended by redesignating 
subparagraphs (E) and (F) as subparagraphs (F) and (G), respectively, 
and by inserting after subparagraph (D) the following new subparagraph:
                    ``(E) in the case of a communication referring to 
                any candidate in an election involving a participating 
                candidate (as defined under section 501(9)), a 
                transcript of the electioneering communication.''.

SEC. 105. LIMITATION ON COORDINATED EXPENDITURES BY POLITICAL PARTY 
              COMMITTEES WITH PARTICIPATING CANDIDATES.

    (a) In General.--Section 315(d)(3) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 441a(d)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as 
        subparagraphs (B) and (C), respectively; and
            (2) by inserting before subparagraph (B), as redesignated 
        by paragraph (1), the following new subparagraph:
                    ``(A) in the case of a candidate for election to 
                the office of Senator who is a participating candidate 
                (as defined in section 501), the lesser of--
                            ``(i) 10 percent of the allocation from the 
                        Senate Elections Fund that the participating 
                        candidate is eligible to receive for the 
                        general election under section 510(c)(3); or
                            ``(ii) the amount which would (but for this 
                        subparagraph) apply with respect to such 
                        candidate under subparagraph (B);''.
    (b) Conforming Amendment.--Subparagraph (B) of section 315(d)(3) of 
such Act, as redesignated by subsection (a), is amended by inserting 
``who is not a participating candidate (as so defined)'' after ``office 
of Senator''.

SEC. 106. AUDITS.

    Section 311(b) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 438(b)) is amended--
            (1) by inserting ``(1)'' before ``The Commission''; and
            (2) by adding at the end the following:
            ``(2) Audits of participating candidates.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                after every primary, general, and runoff election, the 
                Commission shall conduct random audits and 
                investigations of not less than 30 percent of the 
                authorized committees of candidates who are 
                participating candidates (as defined in section 501).
                    ``(B) Selection of subjects.--The subjects of 
                audits and investigations under this paragraph shall be 
                selected on the basis of impartial criteria established 
                by a vote of at least 4 members of the Commission.''.

            Subtitle B--Senate Fair Elections Fund Revenues

SEC. 111. DEPOSIT OF PROCEEDS FROM RECOVERED SPECTRUM AUCTIONS.

    Section 309(j)(8)(E)(ii) of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)(E)(ii)) is amended--
            (1) by striking ``deposited in'' and inserting the 
        following: ``deposited as follows:
                                    ``(I) 90 percent of such proceeds 
                                deposited in''; and
            (2) by adding at the end the following:
                                    ``(II) 10 percent of such proceeds 
                                deposited in the Senate Fair Elections 
                                Fund established under section 502 of 
                                the Federal Election Campaign Act of 
                                1972.''.

SEC. 112. TAX CREDIT FOR VOLUNTARY DONATIONS TO SENATE FAIR ELECTIONS 
              FUND.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 is amended by adding at the end 
the following new section:

``SEC. 30D. CREDIT FOR CONTRIBUTIONS TO SENATE FAIR ELECTIONS FUND.

    ``(a) Credit Allowed.--There shall be allowed as a credit against 
the tax imposed by this chapter for the taxable year an amount equal to 
the lesser of--
            ``(1) the amount contributed to the Senate Fair Elections 
        Fund by the taxpayer during such taxable year, or
            ``(2) $500.
    ``(b) Limitations.--
            ``(1) No credit for qualifying contributions.--No credit 
        shall be allowed under subsection (a) for any contribution 
        which is a qualifying contribution (as defined under section 
        501(11) of the Federal Election Campaign Act of 1971).
            ``(2) No credit for designations under section 6097.--No 
        credit shall be allowed with respect to any amount designated 
        under section 6097.
            ``(3) Application with other credits.--The credit allowed 
        by subsection (a) for any taxable year shall not exceed the 
        excess (if any) of--
                    ``(A) the regular tax liability (as defined in 
                section 26(b)) reduced by the sum of the credits 
                allowable under subpart A and sections 27, 30, 30B, and 
                30C, over
                    ``(B) the tentative minimum tax for the taxable 
                year.
    ``(c) Senate Fair Elections Fund.--For purposes of this section, 
the term `Senate Fair Elections Fund' means the fund established under 
section 502 of the Federal Election Campaign Act of 1971.
    ``(d) Denial of Double Benefit.--No deduction shall be allowed 
under this chapter for any amount for which a credit is allowed under 
subsection (a).''.
    (b) Clerical Amendment.--The table of section for subpart B of part 
IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is 
amended by inserting after the item relating to section 30C the 
following new item:

``Sec. 30D. Credit for contributions to Senate Fair Elections Fund.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2007.

              Subtitle C--Fair Elections Review Commission

SEC. 121. ESTABLISHMENT OF COMMISSION.

    (a) Establishment.--There is established a commission to be known 
as the ``Fair Elections Review Commission'' (hereafter in this subtitle 
referred to as the ``Commission'').
    (b) Duties.--
            (1) Review of fair elections financing.--
                    (A) In general.--After each general election for 
                Federal office, the Commission shall conduct a 
                comprehensive review of the Senate fair elections 
                financing program under title V of the Federal Election 
                Campaign Act of 1974, including--
                            (i) the number and value of qualifying 
                        contributions a candidate is required to obtain 
                        under section 505 of such Act to qualify for 
                        allocations from the Fund;
                            (ii) the amount of allocations from the 
                        Senate Fair Elections Fund that candidates may 
                        receive under sections 510 and 511 of such Act;
                            (iii) the overall satisfaction of 
                        participating candidates with the program; and
                            (iv) such other matters relating to 
                        financing of Senate campaigns as the Commission 
                        determines are appropriate.
                    (B) Criteria for review.--In conducting the review 
                under subparagraph (A), the Commission shall consider 
                the following:
                            (i) Review of qualifying contribution 
                        requirements.--The Commission shall consider 
                        whether the number and value of qualifying 
                        contributions required strikes a balance 
                        between the importance of voter choice and 
                        fiscal responsibility, taking into 
                        consideration the number of primary and general 
                        election participating candidates, the 
                        electoral performance of those candidates, 
                        program cost, and any other information the 
                        Commission determines is appropriate.
                            (ii) Review of program allocations.--The 
                        Commission shall consider whether allocations 
                        from the Senate Elections Fund under sections 
                        510 ad 511 of the Federal Election Campaign Act 
                        of 1974 are sufficient for voters in each State 
                        to learn about the candidates to cast an 
                        informed vote, taking into account the historic 
                        amount of spending by winning candidates, media 
                        costs, primary election dates, and any other 
                        information the Commission determines is 
                        appropriate.
            (2) Report, recommendations, and proposed legislative 
        language.--
                    (A) Report.--Not later than March 30 following any 
                general election for Federal office, the Commission 
                shall submit a report to Congress on the review 
                conducted under paragraph (1). Such report shall 
                contain a detailed statement of the findings, 
                conclusions, and recommendations of the Commission 
                based on such review, and shall contain any proposed 
                legislative language (as required under subparagraph 
                (C)) of the Commission.
                    (B) Findings, conclusions, and recommendations.--A 
                finding, conclusion, or recommendation of the 
                Commission shall be included in the report under 
                subparagraph (A) only if not less than 3 members of the 
                Commission voted for such finding, conclusion, or 
                recommendation.
                    (C) Legislative language.--
                            (i) In general.--The report under 
                        subparagraph (A) shall include legislative 
                        language with respect to any recommendation 
                        involving--
                                    (I) an increase in the number or 
                                value of qualifying contributions; or
                                    (II) an increase in the amount of 
                                allocations from the Senate Elections 
                                Fund.
                            (ii) Form.--The legislative language shall 
                        be in the form of a proposed bill for 
                        introduction in Congress and shall not include 
                        any recommendation not related to matter 
                        described subclause (I) or (II) of clause (i)

SEC. 122. STRUCTURE AND MEMBERSHIP OF THE COMMISSION.

    (a) Appointment.--
            (1) In general.--The Commission shall be composed of 5 
        members, of whom--
                    (A) 1 shall be appointed by the President pro 
                tempore of the Senate;
                    (B) 1 shall be appointed by the Minority Leader of 
                the Senate; and
                    (C) 3 shall be appointed jointly by the members 
                appointed under subparagraphs (A) and (B).
            (2) Qualifications.--
                    (A) In general.--The members shall be individuals 
                who are nonpartisan and, by reason of their education, 
                experience, and attainments, exceptionally qualified to 
                perform the duties of members of the Commission.
                    (B) Prohibition.--No member of the Commission may 
                be--
                            (i) a member of Congress;
                            (ii) an employee of the Federal government;
                            (iii) a registered lobbyist; or
                            (iv) an officer or employee of a political 
                        party or political campaign.
            (3) Date.--Members of the Commission shall be appointed not 
        later than 60 days after the date of the enactment of this Act.
            (4) Terms.--A member of the Commission shall be appointed 
        for a term of 5 years.
    (b) Vacancies.--A vacancy on the Commission shall be filled not 
later than 30 calendar days after the date on which the Commission is 
given notice of the vacancy, in the same manner as the original 
appointment. The individual appointed to fill the vacancy shall serve 
only for the unexpired portion of the term for which the individual's 
predecessor was appointed.
    (c) Chairperson.--The Commission shall designate a Chairperson from 
among the members of the Commission.

SEC. 123. POWERS OF THE COMMISSION.

    (a) Meetings and Hearings.--
            (1) Meetings.--The Commission may hold such hearings, sit 
        and act at such times and places, take such testimony, and 
        receive such evidence as the Commission considers advisable to 
        carry out the purposes of this Act.
            (2) Quorum.--Four members of the Commission shall 
        constitute a quorum for purposes of voting, but a quorum is not 
        required for members to meet and hold hearings.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out the provisions of this Act. 
Upon request of the Chairperson of the Commission, the head of such 
department or agency shall furnish such information to the Commission.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 124. ADMINISTRATION.

    (a) Compensation of Members.--
            (1) In general.--
                    (A) In general.--Each member, other than the 
                Chairperson, shall be paid at a rate equal to the daily 
                equivalent of the minimum annual rate of basic pay 
                prescribed for level IV of the Executive Schedule under 
                section 5315 of title 5, United States Code, for each 
                day (including travel time) during which such member is 
                engaged in the performance of the duties of the 
                Commission.
                    (B) Chairperson.--The Chairperson shall be paid at 
                a rate equal to the daily equivalent of the minimum 
                annual rate of basic pay prescribed for level III of 
                the Executive Schedule under section 5314 of title 5, 
                United States Code, for each day (including travel 
                time) during which such member is engaged in the 
                performance of the duties of the Commission.
            (2) Travel expenses.--Members shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code, while away from their homes or regular places of 
        business in performance of services for the Commission.
    (b) Personnel.--
            (1) Director.--The Commission shall have a staff headed by 
        an Executive Director. The Executive Director shall be paid at 
        a rate equivalent to a rate established for the Senior 
        Executive Service under section 5382 of title 5, United States 
        Code.
            (2) Staff appointment.--With the approval of the 
        Chairperson, the Executive Director may appoint such personnel 
        as the Executive Director and the Commission determines to be 
        appropriate.
            (3) Actuarial experts and consultants.--With the approval 
        of the Chairperson, the Executive Director may procure 
        temporary and intermittent services under section 3109(b) of 
        title 5, United States Code.
            (4) Detail of government employees.--Upon the request of 
        the Chairperson, the head of any Federal agency may detail, 
        without reimbursement, any of the personnel of such agency to 
        the Commission to assist in carrying out the duties of the 
        Commission. Any such detail shall not interrupt or otherwise 
        affect the civil service status or privileges of the Federal 
        employee.
            (5) Other resources.--The Commission shall have reasonable 
        access to materials, resources, statistical data, and other 
        information from the Library of Congress and other agencies and 
        elected representatives of the executive and legislative 
        branches of the Federal Government. The Chairperson of the 
        Commission shall make requests for such access in writing when 
        necessary.

SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out the purposes of this subtitle.

SEC. 126. EXPEDITED CONSIDERATION OF COMMISSION RECOMMENDATIONS.

    (a) Introduction and Committee Consideration.--
            (1) Introduction.--Not later than 60 days after the 
        Commission files a report under section 121(b), the Majority 
        Leader of the Senate, or the Majority Leader's designee, shall 
        introduce any proposed legislative language submitted by the 
        Commission under section 121(b)(2)(C) in the Senate (hereafter 
        in this section referred to as a ``Commission bill'').
            (2) Committee consideration.--
                    (A) Referral.--A Commission bill introduced in the 
                Senate shall be referred to the Committee on Rules and 
                Administration of the Senate.
                    (B) Reporting.--Not later than 60 calendar days 
                after the introduction of the Commission bill, the 
                Committee on Rules and Administration shall hold a 
                hearing on the bill and report the bill to the Senate. 
                No amendment shall be in order to the bill in the 
                Committee.
                    (C) Discharge of committee.--If the Committee on 
                Rules and Administration has not reported a Commission 
                bill at the end of 60 calendar days after its 
                introduction, such committee shall be automatically 
                discharged from further consideration of the Commission 
                bill and it shall be placed on the appropriate 
                calendar.
    (b) Expedited Procedure.--
            (1) Floor consideration in the senate.--
                    (A) In general.--Not later than 60 calendar days 
                after the date on which a committee has reported or has 
                been discharged from consideration of a Commission 
                bill, the Majority Leader of the Senate, or the 
                Majority Leader's designee shall move to proceed to the 
                consideration of the Commission bill. It shall also be 
                in order for any member of the Senate to move to 
                proceed to the consideration of the bill at any time 
                after the conclusion of such 60-day period.
                    (B) Motion to proceed.--A motion to proceed to the 
                consideration of a Commission bill is privileged in the 
                Senate. The motion is not debatable and is not subject 
                to a motion to postpone consideration of the Commission 
                bill or to proceed to the consideration of other 
                business. A motion to reconsider the vote by which the 
                motion to proceed is agreed to or not agreed to shall 
                not be in order. If the motion to proceed is agreed to, 
                the Senate shall immediately proceed to consideration 
                of the Commission bill without intervening motion, 
                order, action, or other business, and the Commission 
                bill shall remain the unfinished business of the Senate 
                until disposed of.
                    (C) Amendments, motions, and appeals.--No amendment 
                shall be in order in the Senate, and any debatable 
                motion or appeal is debatable for not to exceed 5 hours 
                to be divided equally between those favoring and those 
                opposing the motion or appeal.
                    (D) Limited debate.--Consideration in the Senate of 
                the Commission bill and on all debatable motions and 
                appeals in connection therewith, shall be limited to 
                not more than 40 hours, which shall be equally divided 
                between, and controlled by, the Majority Leader and the 
                Minority Leader of the Senate or their designees. A 
                motion further to limit debate on the Commission bill 
                is in order and is not debatable. All time used for 
                consideration of the Commission bill, including time 
                used for quorum calls (except quorum calls immediately 
                preceding a vote), shall come from the 40 hours of 
                consideration.
                    (E) Vote on passage.--
                            (i) In general.--The vote on passage in the 
                        Senate of the Commission bill shall occur 
                        immediately following the conclusion of the 40-
                        hour period for consideration of the Commission 
                        bill under subparagraph (D) and a request to 
                        establish the presence of a quorum.
                            (ii) Other motions not in order.--A motion 
                        in the Senate to postpone consideration of the 
                        Commission bill, a motion to proceed to the 
                        consideration of other business, or a motion to 
                        recommit the Commission bill is not in order. A 
                        motion in the Senate to reconsider the vote by 
                        which the Commission bill is agreed to or not 
                        agreed to is not in order.
            (2) Floor consideration in the house.--
                    (A) In general.--If a Commission bill is agreed to 
                in the Senate, the Majority Leader of the House of 
                Representatives, or the Majority Leader's designee 
                shall move to proceed to the consideration of the 
                Commission bill not later than 30 days after the date 
                the House or Representatives receives notice of such 
                agreement. It shall also be in order for any member of 
                the House of Representatives to move to proceed to the 
                consideration of the bill at any time after the 
                conclusion of such 30-day period.
                    (B) Motion to proceed.--A motion to proceed to the 
                consideration of a Commission bill is privileged in the 
                House of Representatives. The motion is not debatable 
                and is not subject to a motion to postpone 
                consideration of the Commission bill or to proceed to 
                the consideration of other business. A motion to 
                reconsider the vote by which the motion to proceed is 
                agreed to or not agreed to shall not be in order. If 
                the motion to proceed is agreed to, the House of 
                Representatives shall immediately proceed to 
                consideration of the Commission bill without 
                intervening motion, order, action, or other business, 
                and the Commission bill shall remain the unfinished 
                business of the House of Representatives until disposed 
                of.
                    (C) Amendments, motions, and appeals.--No amendment 
                shall be in order in the House of Representatives, and 
                any debatable motion or appeal is debatable for not to 
                exceed 5 hours to be divided equally between those 
                favoring and those opposing the motion or appeal.
                    (D) Limited debate.--Consideration in the House of 
                Representatives of the Commission bill and on all 
                debatable motions and appeals in connection therewith, 
                shall be limited to not more than 40 hours, which shall 
                be equally divided between, and controlled by, the 
                Majority Leader and the Minority Leader of the House of 
                Representatives or their designees. A motion further to 
                limit debate on the Commission bill is in order and is 
                not debatable. All time used for consideration of the 
                Commission bill, including time used for quorum calls 
                (except quorum calls immediately preceding a vote), 
                shall come from the 40 hours of consideration.
                    (E) Vote on passage.--
                            (i) In general.--The vote on passage in the 
                        House of Representatives of the Commission bill 
                        shall occur immediately following the 
                        conclusion of the 40-hour period for 
                        consideration of the Commission bill under 
                        subparagraph (D) and a request to establish the 
                        presence of a quorum.
                            (ii) Other motions not in order.--A motion 
                        in the House of Representatives to postpone 
                        consideration of the Commission bill, a motion 
                        to proceed to the consideration of other 
                        business, or a motion to recommit the 
                        Commission bill is not in order. A motion in 
                        the House of Representatives to reconsider the 
                        vote by which the Commission bill is agreed to 
                        or not agreed to is not in order.
    (c) Rules of Senate and House of Representatives.--This section is 
enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such it is 
        deemed a part of the rules of each House, respectively, but 
        applicable only with respect to the procedure to be followed in 
        that House in the case of a Commission bill, and it supersedes 
        other rules only to the extent that it is inconsistent with 
        such rules, and
            (2) with full recognition of the constitutional right of 
        either House to change the rules (so far as relating to the 
        procedure of that House) at any time, in the same manner, and 
        to the same extent as in the case of any other rule of that 
        House.

                      TITLE II--VOTER INFORMATION

SEC. 201. BROADCASTS RELATING TO CANDIDATES.

    (a) Lowest Unit Charge; National Committees.--Section 315(b) of the 
Communications Act of 1934 (47 U.S.C. 315(b)) is amended--
            (1) by striking ``to such office'' in paragraph (1) and 
        inserting ``to such office, or by a national committee of a 
        political party on behalf of such candidate in connection with 
        such campaign,''; and
            (2) by inserting ``for pre-emptible use thereof'' after 
        ``station'' in subparagraph (A) of paragraph (1).
    (b) Broadcast Rates.--Section 315(b) of the Communications Act of 
1934 (47 U.S.C. 315(b)), as amended by subsection (a), is amended--
            (1) in paragraph (1)(A), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)''; and
            (2) by adding at the end the following:
            ``(3) Participating candidates.--In the case of a 
        participating candidate (as defined under section 501(10) of 
        the Federal Election Campaign Act of 1971), the charges made 
        for the use any broadcasting station for a television broadcast 
        shall not exceed 80 percent of the lowest charge described in 
        paragraph (1)(A) during--
                    ``(A) the 45 days preceding the date of a primary 
                or primary runoff election in which the candidate is 
                opposed; and
                    ``(B) the 60 days preceding the date of a general 
                or special election in which the candidate is opposed.
            ``(4) Rate cards.--A licensee shall provide to a candidate 
        for Senate a rate card that discloses--
                    ``(A) the rate charged under this subsection; and
                    ``(B) the method that the licensee uses to 
                determine the rate charged under this subsection.''.
    (c) Preemption; Audits.--Section 315 of such Act (47 U.S.C. 315) is 
amended--
            (1) by redesignating subsections (f) and (g) as subsections 
        (e) and (f), respectively and moving them to follow the 
        existing subsection (e);
            (2) by redesignating the existing subsection (e) as 
        subsection (c); and
            (3) by inserting after subsection (c) (as redesignated by 
        paragraph (2)) the following:
    ``(d) Preemption.--
            ``(1) In general.--Except as provided in paragraph (2), and 
        notwithstanding the requirements of subsection (b)(1)(A), a 
        licensee shall not preempt the use of a broadcasting station by 
        a legally qualified candidate for Senate who has purchased and 
        paid for such use.
            ``(2) Circumstances beyond control of licensee.--If a 
        program to be broadcast by a broadcasting station is preempted 
        because of circumstances beyond the control of the station, any 
        candidate or party advertising spot scheduled to be broadcast 
        during that program shall be treated in the same fashion as a 
        comparable commercial advertising spot.
    ``(e) Audits.--During the 45-day period preceding a primary 
election and the 60-day period preceding a general election, the 
Commission shall conduct such audits as it deems necessary to ensure 
that each broadcaster to which this section applies is allocating 
television broadcast advertising time in accordance with this section 
and section 312.''.
    (d) Revocation of License for Failure To Permit Access.--Section 
312(a)(7) of the Communications Act of 1934 (47 U.S.C. 312(a)(7)) is 
amended--
            (1) by striking ``or repeated'';
            (2) by inserting ``or cable system'' after ``broadcasting 
        station''; and
            (3) by striking ``his candidacy'' and inserting ``the 
        candidacy of the candidate, under the same terms, conditions, 
        and business practices as apply to the most favored advertiser 
        of the licensee''.
    (e) Stylistic Amendments.--Section 315 of such Act (47 U.S.C. 315) 
is amended--
            (1) by striking ``the'' in subsection (f)(1), as 
        redesignated by subsection (b)(1), and inserting ``Broadcasting 
        station.--'';
            (2) by striking ``the'' in subsection (f)(2), as 
        redesignated by subsection (b)(1), and inserting ``Licensee; 
        station licensee.--''; and
            (3) by inserting ``Regulations.--'' in subsection (g), as 
        redesignated by subsection (b)(1), before ``The Commission''.

SEC. 202. POLITICAL ADVERTISEMENT VOUCHERS FOR PARTICIPATING 
              CANDIDATES.

    (a) In General.--Title III of the Communications Act of 1934 (47 
U.S.C. 301 et seq.) is amended by inserting after section 315 the 
following:

``SEC. 315A. POLITICAL ADVERTISEMENT VOUCHER PROGRAM.

    ``(a) In General.--The Commission shall establish and administer a 
voucher program for the purchase of airtime on broadcasting stations 
for political advertisements in accordance with the provisions of this 
section.
    ``(b) Candidates.--The Commission shall only disburse vouchers 
under the program established under subsection (a) to individuals who 
meet the following requirements:
            ``(1) Qualification.--The individual is certified by the 
        Federal Election Commission as a participating candidate (as 
        defined under section 501(10) of the Federal Election Campaign 
        Act of 1971) with respect to a general election for Federal 
        office under section 508 of the Federal Election Campaign Act 
        of 1971.
            ``(2) Agreement.--The individual has agreed in writing--
                    ``(A) to keep and furnish to the Federal Election 
                Commission such records, books, and other information 
                as it may require; and
                    ``(B) to repay to the Federal Communications 
                Commission, if the Federal Election Commission revokes 
                the certification of the individual as a participating 
                candidate (as so defined), an amount equal to the 
                dollar value of vouchers which were received from the 
                Commission and used by the candidate.
    ``(c) Amounts.--The Commission shall disburse vouchers to each 
candidate certified under subsection (b) in an aggregate amount equal 
to $100,000 multiplied by the number of congressional districts in the 
State with respect to which such candidate is running for office.
    ``(d) Use.--
            ``(1) Exclusive use.--Vouchers disbursed by the Commission 
        under this section may be used only for the purchase of 
        broadcast airtime for political advertisements relating to a 
        general election for the office of Senate by the participating 
        candidate to which the vouchers were disbursed, except that--
                    ``(A) a candidate may exchange vouchers with a 
                political party under paragraph (2); and
                    ``(B) a political party may use vouchers only to 
                purchase broadcast airtime for political advertisements 
                for generic party advertising, to support candidates 
                for State or local office in a general election, or to 
                support participating candidates of the party in a 
                general election for Federal office, but only if it 
                discloses the value of the voucher used as an 
                expenditure under section 315(d) of the Federal 
                Election Campaign Act of 1971 (2 U.S.C. 441(d)).
            ``(2) Exchange with political party committee.--
                    ``(A) In general.--An individual who receives a 
                voucher under this section may transfer the right to 
                use all or a portion of the value of the voucher to a 
                committee of the political party of which the 
                individual is a candidate in exchange for money in an 
                amount equal to the cash value of the voucher or 
                portion exchanged.
                    ``(B) Continuation of candidate obligations.--The 
                transfer of a voucher, in whole or in part, to a 
                political party committee under this paragraph does not 
                release the candidate from any obligation under the 
                agreement made under subsection (b)(2) or otherwise 
                modify that agreement or its application to that 
                candidate.
                    ``(C) Party committee obligations.--Any political 
                party committee to which a voucher or portion thereof 
                is transferred under subparagraph (A)--
                            ``(i) shall account fully, in accordance 
                        with such requirements as the Commission may 
                        establish, for the receipt of the voucher; and
                            ``(ii) may not use the transferred voucher 
                        or portion thereof for any purpose other than a 
                        purpose described in paragraph (1)(B).
                    ``(D) Voucher as a contribution under feca.--If a 
                candidate transfers a voucher or any portion thereof to 
                a political party committee under subparagraph (A)--
                            ``(i) the value of the voucher or portion 
                        thereof transferred shall be treated as a 
                        contribution from the candidate to the 
                        committee, and from the committee to the 
                        candidate, for purposes of sections 302 and 304 
                        of the Federal Election Campaign Act of 1971 (2 
                        U.S.C. 432 and 434);
                            ``(ii) the committee may, in exchange, 
                        provide to the candidate only funds subject to 
                        the prohibitions, limitations, and reporting 
                        requirements of the Federal Election Campaign 
                        Act of 1971 (2 U.S.C. 431 et seq.); and
                            ``(iii) the amount, if identified as a 
                        `voucher exchange' shall not be considered a 
                        contribution for the purposes of sections 315 
                        or 506 of that Act.
    ``(e) Value; Acceptance; Redemption.--
            ``(1) Voucher.--Each voucher disbursed by the Commission 
        under this section shall have a value in dollars, redeemable 
        upon presentation to the Commission, together with such 
        documentation and other information as the Commission may 
        require, for the purchase of broadcast airtime for political 
        advertisements in accordance with this section.
            ``(2) Acceptance.--A broadcasting station shall accept 
        vouchers in payment for the purchase of broadcast airtime for 
        political advertisements in accordance with this section.
            ``(3) Redemption.--The Commission shall redeem vouchers 
        accepted by broadcasting stations under paragraph (2) upon 
        presentation, subject to such documentation, verification, 
        accounting, and application requirements as the Commission may 
        impose to ensure the accuracy and integrity of the voucher 
        redemption system. The Commission shall use amounts in the 
        Political Advertising Voucher Account established under 
        subsection (f) to redeem vouchers presented under this 
        subsection.
            ``(4) Expiration.--
                    ``(A) Candidates.--A voucher may only be used to 
                pay for broadcast airtime for political advertisements 
                to be broadcast before midnight on the day before the 
                date of the Federal election in connection with which 
                it was issued and shall be null and void for any other 
                use or purpose.
                    ``(B) Exception for political party committees.--A 
                voucher held by a political party committee may be used 
                to pay for broadcast airtime for political 
                advertisements to be broadcast before midnight on 
                December 31st of the odd-numbered year following the 
                year in which the voucher was issued by the Commission.
            ``(5) Voucher as expenditure under feca.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), for purposes of the Federal Election 
                Campaign Act of 1971 (2 U.S.C. 431 et seq.), the use of 
                a voucher to purchase broadcast airtime constitutes an 
                expenditure as defined in section 301(9)(A) of that Act 
                (2 U.S.C. 431(9)(A)).
                    ``(B) Participating candidates.--The use of a 
                voucher to purchase broadcast airtime by a 
                participating candidate shall not constitute an 
                expenditure for purposes of section 506 of such Act.
    ``(f) Political Advertising Voucher Account.--
            ``(1) In general.--The Commission shall establish an 
        account to be known as the Political Advertising Voucher 
        Account, which shall be credited with commercial television and 
        radio spectrum use fees assessed under this subsection, 
        together with any amounts repaid or otherwise reimbursed under 
        this section or section 508(b)(2)(B) of the Federal Election 
        Campaign Act of 1971.
            ``(2) Spectrum use fee.--
                    ``(A) In general.--The Commission shall assess, and 
                collect annually, from each broadcast station, a 
                spectrum use fee in an amount equal to 2 percent of 
                each broadcasting station's gross advertising revenues 
                for such year.
                    ``(B) Availability.--
                            ``(i) In general.--Any amount assessed and 
                        collected under this paragraph shall be used by 
                        the Commission as an offsetting collection for 
                        the purposes of making disbursements under this 
                        section, except that--
                                    ``(I) the salaries and expenses 
                                account of the Commission shall be 
                                credited with such sums as are 
                                necessary from those amounts for the 
                                costs of developing and implementing 
                                the program established by this 
                                section; and
                                    ``(II) the Commission may reimburse 
                                the Federal Election Commission for any 
                                expenses incurred by the Commission 
                                under this section.
                            ``(ii) Deposit of excess fees into senate 
                        fair elections fund.--If the amount assessed 
                        and collected under this paragraph for years in 
                        any election period exceeds the amount 
                        necessary for making disbursements under this 
                        section for such election period, the 
                        Commission shall deposit such excess in the 
                        Senate Fair Elections Fund.
                    ``(C) Fee does not apply to public broadcasting 
                stations.--Subparagraph (A) does not apply to a public 
                telecommunications entity (as defined in section 
                397(12) of this Act).
            ``(3) Administrative provisions.--Except as otherwise 
        provided in this subsection, section 9 of this Act applies to 
        the assessment and collection of fees under this subsection to 
        the same extent as if those fees were regulatory fees imposed 
        under section 9.
    ``(g) Definitions.--In this section:
            ``(1) Broadcasting station.--The term `broadcasting 
        station' has the meaning given that term by section 315(f)(1) 
        of this Act.
            ``(2) Federal election.--The term `Federal election' means 
        any regularly-scheduled, primary, runoff, or special election 
        held to nominate or elect a candidate to Federal office.
            ``(3) Federal office.--The term `Federal office' has the 
        meaning given that term by section 301(3) of the Federal 
        Election Campaign Act of 1971 (2 U.S.C. 431(3)).
            ``(4) Political party.--The term `political party' means a 
        major party or a minor party as defined in section 9002(3) or 
        (4) of the Internal Revenue Code of 1986 (26 U.S.C. 9002(3) or 
        (4)).
            ``(5) Other terms.--Except as otherwise provided in this 
        section, any term used in this section that is defined in 
        section 301 or 501 of the Federal Election Campaign of 1971 (2 
        U.S.C. 431) has the meaning given that term by either such 
        section of that Act.
    ``(h) Regulations.--The Commission shall prescribe such regulations 
as may be necessary to carry out the provisions of this section. In 
developing the regulations, the Commission shall consult with the 
Federal Election Commission.''.

SEC. 203. FCC TO PRESCRIBE STANDARDIZED FORM FOR REPORTING CANDIDATE 
              CAMPAIGN ADS.

    (a) In General.--Within 90 days after the date of enactment of this 
Act, the Federal Communications Commission shall initiate a rulemaking 
proceeding to establish a standardized form to be used by broadcasting 
stations, as defined in section 315(f)(1) of the Communications Act of 
1934 (47 U.S.C. 315(f)(1)), to record and report the purchase of 
advertising time by or on behalf of a candidate for nomination for 
election, or for election, to Federal elective office.
    (b) Contents.--The form prescribed by the Commission under 
subsection (a) shall require, broadcasting stations to report, at a 
minimum--
            (1) the station call letters and mailing address;
            (2) the name and telephone number of the station's sales 
        manager (or individual with responsibility for advertising 
        sales);
            (3) the name of the candidate who purchased the advertising 
        time, or on whose behalf the advertising time was purchased, 
        and the Federal elective office for which he or she is a 
        candidate;
            (4) the name, mailing address, and telephone number of the 
        person responsible for purchasing broadcast political 
        advertising for the candidate;
            (5) notation as to whether the purchase agreement for which 
        the information is being reported is a draft or final version; 
        and
            (6) the following information about the advertisement:
                    (A) The date and time of the broadcast.
                    (B) The program in which the advertisement was 
                broadcast.
                    (C) The length of the broadcast airtime.
    (c) Internet Access.--In its rulemaking under subsection (a), the 
Commission shall require any broadcasting station required to file a 
report under this section that maintains an Internet website to make 
available a link to such reports on that website.

SEC. 204. LIMIT ON CONGRESSIONAL USE OF THE FRANKING PRIVILEGE.

    (a) In General.--Section 3210(a)(6) of title 39, United States 
Code, is amended by striking subparagraph (A) and inserting the 
following:
    ``(A)(i) Except as provided in clause (ii), Member of Congress or a 
Congressional Committee or Subcommittee of which such Member is 
Chairman or Ranking Member shall not mail any mass mailing as franked 
mail during the period which begins 90 days before date of the primary 
election and ends on the date of the general election with respect to 
any Federal office which such Member holds, unless the Member has made 
a public announcement that the Member will not be a candidate for 
reelection to such office in that year.
    ``(ii) A Member of Congress or a Congressional Committee or 
Subcommittee of which such Member is Chairman or Ranking Member may 
mail a mass mailing as franked mail if--
            ``(I) the purpose of the mailing is to communicate 
        information about a public meeting; and
            ``(II) the content of the mailed matter includes only the 
        name of the Member, Committee, or Subcommittee, as appropriate, 
        and the date, time, and place of the public meeting.''.
    (b) Conforming Amendments.--
            (1) Section 3210(a)(6) of title 39, United States Code, is 
        amended by striking subparagraph (B) and by redesignating 
        subparagraphs (C) through (F) as subparagraphs (B) through (E), 
        respectively.
            (2) Section 3210(a)(6)(E) of title 39, United States Code, 
        as redesignated by paragraph (1), is amended by striking 
        ``subparagraphs (A) and (C)'' and inserting ``subparagraphs (A) 
        and (B)''.

     TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION

SEC. 301. PETITION FOR CERTIORARI.

    Section 307(a)(6) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 437d(a)(6)) is amended by inserting ``(including a proceeding 
before the Supreme Court on certiorari)'' after ``appeal''.

SEC. 302. FILING BY SENATE CANDIDATES WITH COMMISSION.

    Section 302(g) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 432(g)) is amended to read as follows:
            ``(g) Filing With the Commission.--All designations, 
        statements, and reports required to be filed under this Act 
        shall be filed with the Commission.''.

SEC. 303. ELECTRONIC FILING OF FEC REPORTS.

    Section 304(a)(11) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 434(a)(11)) is amended--
            (1) in subparagraph (A), by striking ``under this Act--'' 
        and all that follows and inserting ``under this Act shall be 
        required to maintain and file such designation, statement, or 
        report in electronic form accessible by computers.'';
            (2) in subparagraph (B), by striking ``48 hours'' and all 
        that follows through ``filed electronically)'' and inserting 
        ``24 hours''; and
            (3) by striking subparagraph (D).

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. 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. 402. REVIEW OF CONSTITUTIONAL ISSUES.

    An appeal may be taken directly to the Supreme Court of the United 
States from any final judgment, decree, or order issued by any court 
ruling on the constitutionality of any provision of this Act or 
amendment made by this Act.

SEC. 403. EFFECTIVE DATE.

    Except as otherwise provided for in this Act, this Act and the 
amendments made by this Act shall take effect on January 1, 2008.
                                 <all>