[Congressional Record Volume 151, Number 65 (Tuesday, May 17, 2005)]
[Senate]
[Pages S5321-S5323]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LOTT:
  S. 1053. A bill to amend the Federal Election Campaign Act of 1971 to 
clarify when organizations described in section 527 of the Internal 
Revenue Code of 1986 must register as political committees, and for 
other purposes; from the Committee on Rules and Administration; placed 
on the calendar.
  Mr. LOTT. Mr. President, I ask unanimous consent that the text of the 
bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1053

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``527 Reform Act of 2005''.

     SEC. 2. TREATMENT OF SECTION 527 ORGANIZATIONS.

       (a) Definition of Political Committee.--Section 301(4) of 
     the Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)) 
     is amended by striking the period at the end of subparagraph 
     (C) and inserting ``; or'' and by adding at the end the 
     following:
       ``(D) any applicable 527 organization.''.
       (b) Definition of Applicable 527 Organization.--Section 301 
     of the Federal Election Campaign Act of 1971 (2 U.S.C. 431) 
     is amended by adding at the end the following new paragraph:
       ``(27) Applicable 527 organization.--For purposes of 
     paragraph (4)(D)--
       ``(A) In general.--The term `applicable 527 organization' 
     means a committee, club, association, or group of persons 
     that--
       ``(i) has given notice to the Secretary of the Treasury 
     under section 527(i) of the Internal Revenue Code of 1986 
     that it is to be treated as an organization described in 
     section 527 of such Code, and
       ``(ii) is not described in subparagraph (B).
       ``(B) Excepted organizations.--A committee, club, 
     association, or other group of persons described in this 
     subparagraph is--
       ``(i) an organization described in section 527(i)(5) of the 
     Internal Revenue Code of 1986,
       ``(ii) an organization which is a committee, club, 
     association or other group of persons that is organized, 
     operated, and makes disbursements exclusively for paying 
     expenses described in the last sentence of section 527(e)(2) 
     of the Internal Revenue Code of 1986 or expenses of a 
     newsletter fund described in section 527(g) of such Code,
       ``(iii) an organization which is a committee, club, 
     association, or other group that consists solely of 
     candidates for State or local office, individuals holding 
     State or local office, or any combination of either, but only 
     if the organization refers only to one or more non-Federal 
     candidates or applicable State or local issues in all of its 
     voter drive activities and does not refer to a Federal 
     candidate or a political party in any of its voter drive 
     activities,
       ``(iv) an organization which is a committee, club, 
     association, or other group of persons--

       ``(I) the election or nomination activities of which relate 
     exclusively to any voter drive activity described in 
     subparagraphs (A) through (D) of section 325(d)(1),
       ``(II) the public communications of which relate 
     exclusively to activities described in subparagraphs (A) 
     through (D) of section 325(d)(1), and
       ``(III) which does not engage in any broadcast, cable, or 
     satellite communications, or

       ``(v) an organization described in subparagraph (C).
       ``(C) Applicable organization.--For purposes of 
     subparagraph (B)(v), an organization described in this 
     subparagraph is a committee, club, association, or other 
     group of persons whose election or nomination activities 
     relate exclusively to--
       ``(i) elections where no candidate for Federal office 
     appears on the ballot; or
       ``(ii) one or more of the following purposes:

       ``(I) Influencing the selection, nomination, election, or 
     appointment of one or more candidates to non-Federal offices.
       ``(II) Influencing one or more applicable State or local 
     issues.
       ``(III) Influencing the selection, appointment, nomination, 
     or confirmation of one or more individuals to non-elected 
     offices.

       ``(D) Exclusivity test.--A committee, club, association, or 
     other group of persons shall not be treated as meeting the 
     exclusivity requirement of subparagraphs (B)(iv) and (C) if 
     it makes disbursements aggregating more than $1,000 for any 
     of the following:
       ``(i) A public communication that promotes, supports, 
     attacks, or opposes a clearly identified candidate for 
     Federal office during the 1-year period ending on the date of 
     the general election for the office sought by the clearly 
     identified candidate (but if a run-off election is held for 
     that office, the 1-year period shall be extended and shall 
     end on the date of the run-off election).
       ``(ii) Any voter drive activity during a calendar year, 
     except that no disbursements for any voter drive activity 
     shall be taken into account under this subparagraph if the 
     committee, club, association, or other group of persons 
     during such calendar year--

       ``(I) makes disbursements for voter drive activities with 
     respect to elections in only 1 State and complies with all 
     applicable election laws of that State, including laws 
     related to registration and reporting requirements and 
     contribution limitations;
       ``(II) refers to one or more non-Federal candidates or 
     applicable State or local issues in all of its voter drive 
     activities and does not refer to a Federal candidate or a 
     political party;
       ``(III) does not have a candidate for Federal office, an 
     individual who holds any Federal office, a national political 
     party, or an agent of any of the foregoing, control or 
     materially participate in the direction of the organization, 
     solicit contributions to the organization (other than funds 
     which are described under clauses (i) and (ii) of section 
     323(e)(1)(B)), or direct disbursements, in whole or in part, 
     by the organization; and
       ``(IV) makes no contributions to Federal candidates.

     Clause (ii) shall not apply to disbursements by any 
     committee, club, or association, or other group of persons 
     described in subparagraph (B)(iv).
       ``(E) Voter drive activity.--For purposes of this 
     paragraph, the term `voter drive activity' has the meaning 
     given such term by section 325(d)(1).
       ``(F) Applicable state or local issue.--For purposes of 
     this paragraph, the term `applicable State or local issue' 
     means any State or local ballot initiative, State or local 
     referendum, State or local constitutional amendment, State or 
     local bond issue, or other State or local ballot issue.
       ``(G) Reference to federal candidates.--For purposes of 
     this paragraph, any prohibition on a reference to a Federal 
     candidate shall not include any reference described in 
     section 325(d)(4).
       ``(H) Reference to political parties.--For purposes of this 
     paragraph, any prohibition on a reference to a political 
     party shall not include any reference described in section 
     325(d)(5).''.
       (c) Regulations.--The Federal Election Commission shall 
     promulgate regulations to implement this section not later 
     than 60 days after the date of enactment of this Act.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date which is 60 days after the date 
     of enactment of this Act.

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

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

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

       ``(a) In General.--In the case of any disbursements by any 
     political committee that is a separate segregated fund or 
     nonconnected committee for which allocation rules are 
     provided under subsection (b)--
       ``(1) the disbursements shall be allocated between Federal 
     and non-Federal accounts in accordance with this section and 
     regulations prescribed by the Commission, and
       ``(2) in the case of disbursements allocated to non-Federal 
     accounts, may be paid only from a qualified non-Federal 
     account.
       ``(b) Costs To Be Allocated and Allocation Rules.--
     Disbursements by any separate segregated fund or nonconnected 
     committee, other than an organization described in section 
     323(b)(1), for any of the following categories of activity 
     shall be allocated as follows:
       ``(1) 100 percent of the expenses for public communications 
     or voter drive activities that refer to one or more clearly 
     identified Federal candidates, but do not refer to any 
     clearly identified non-Federal candidates,

[[Page S5322]]

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

     SEC. 4. TELEVISION MEDIA RATES.

       (a) Lowest Unit Charge.--Section 315 of the Communications 
     Act of 1934 (47 U.S.C. 315) is amended by adding at the end 
     the following:
       ``(f) Television Media Rates.--
       ``(1) Lowest unit charge.--Notwithstanding any other 
     provision of law, the charges made for the use of any 
     television broadcast station, or by a provider of cable or 
     satellite television service, to any person who is a legally 
     qualified candidate for any public office in connection with 
     the campaign of such candidate for nomination for election, 
     or election, to such office or by a national committee of a 
     political party on behalf of such candidate in connection 
     with such campaign, shall not exceed the lowest charge of the 
     station (at any time during the 365-day period preceding the 
     date of the use) for pre-emptible use thereof for the same 
     amount of time for the same period.
       ``(2) Preemption.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     and notwithstanding the requirements of paragraph (1), a 
     licensee shall not preempt the use of a broadcasting station 
     by an eligible candidate or political committee of a 
     political party who has purchased and paid for such use.
       ``(B) Circumstances beyond control of licensee.--If a 
     program to be broadcast by a broadcasting station is 
     preempted because of circumstances beyond the control of the 
     station, any candidate or party advertising spot scheduled to 
     be broadcast during that program shall be treated in the same 
     fashion as a comparable commercial advertising spot.
       ``(3) Audits.--
       ``(A) In general.--During the 45-day period preceding a 
     primary election and the 60-day period preceding a general 
     election, the Commission shall conduct such audits as it 
     deems necessary to ensure that each broadcaster to which this 
     subsection applies is allocating television broadcast 
     advertising time in accordance with this subsection and 
     section 312.
       ``(B) Markets.--Each audit conducted under subparagraph (A) 
     shall cover the following markets:
       ``(i) At least 6 of the top 50 largest designated market 
     areas (as defined in section 122(j)(2)(C) of title 17, United 
     States Code).
       ``(ii) At least 3 of the 51-100 largest designated market 
     areas (as so defined).
       ``(iii) At least 3 of the 101-150 largest designated market 
     areas (as so defined).
       ``(iv) At least 3 of the 151-210 largest designated market 
     areas (as so defined).
       ``(C) Broadcast stations.--Each audit conducted under 
     subparagraph (A) shall include each of the 3 largest 
     television broadcast networks, 1 independent network, and 1 
     cable network.''.
       (b) Conforming Amendment.--Section 504 of the Bipartisan 
     Campaign Reform Act of

[[Page S5323]]

     2002 (Public Law 107-155) is amended by striking ``315), as 
     amended by this Act, is amended by redesignating subsections 
     (e) and (f) as subsections (f) and (g), respectively, and'' 
     and inserting ``315) is amended by''.
       (c) Stylistic Amendments.--Section 315(c) the 
     Communications Act of 1934 (47 U.S.C. 315(c)) is amended--
       (1) by striking ``For purposes of this section--'' and 
     inserting ``In this section:'';
       (2) in paragraph (1), by striking ``the'' and inserting 
     ``Broadcasting station.--The''; and
       (3) in paragraph (2), by striking ``the'' and inserting 
     ``Licensee; station licensee.--The''.

     SEC. 5. MODIFICATION OF DEFINITION OF PUBLIC COMMUNICATION.

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

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

       (a) Increase in Political Committee Contribution Limits.--
     Section 315(a)(1)(C) of the Federal Election Campaign Act of 
     1971 (2 U.S.C. 441a(a)(1)(C)) is amended by striking 
     ``$5,000'' and inserting ``$7,500''.
       (b) Increase in Multicandidate Limits.--Section 315(a)(2) 
     of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     441a(a)(2)) is amended--
       (1) in subparagraph (A), by striking ``$5,000'' and 
     inserting ``$7,500'';
       (2) in subparagraph (B), by striking ``$15,000'' and 
     inserting ``$25,000''; and
       (3) in subparagraph (C), by striking ``$5,000'' and 
     inserting ``$7,500''.
       (c) Indexing.--
       (1) In general.--Section 315(c)(1)(B) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 441a(c)(1)(B)) is 
     amended to read as follows:
       ``(B) Except as provided in subparagraph (C)--
       ``(i) in any calendar year after 2002--

       ``(I) a limitation established by subsection (a)(1)(A), 
     (a)(1)(B), (a)(3), (b), (d), or (h) shall be increased by the 
     percent difference determined under subparagraph (A);
       ``(II) each amount so increased shall remain in effect for 
     the calendar year; and
       ``(III) if any amount after the adjustment under subclause 
     (I) is not a multiple of $100, such amount shall be rounded 
     to the nearest multiple of $100; and

       ``(ii) in any calendar year after 2006--

       ``(I) a limitation established by subsection (a)(1)(C), 
     (a)(1)(D), or (a)(2) shall be increased by the percent 
     difference determined under subparagraph (A);
       ``(II) each amount so increased shall remain in effect for 
     the calendar year; and
       ``(III) if any amount after the adjustment under subclause 
     (I) is not a multiple of $100, such amount shall be rounded 
     to the nearest multiple of $100.''.

       (2) Conforming amendments.--Section 315(c) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended--
       (A) in paragraph (1)(C), by striking ``subsections 
     (a)(1)(A), (a)(1)(B), (a)(3),'' and inserting ``subsections 
     (a)''; and
       (B) in paragraph (2)(B)--
       (i) by striking ``and'' at the end of clause (i);
       (ii) by striking the period at the end of clause (ii) and 
     inserting ``; and''; and
       (iii) by adding at the end the following new clause:
       ``(iii) for purposes of subsections (a)(1)(C), (a)(1)(D) 
     and (a)(2), calendar year 2005.''.
       (d) Special Rule for Transfers From Leadership PACs to 
     National Party Committees.--Paragraph (4) of section 315(a) 
     of the Federal Election Campaign Act of 1971 (2 U.S.C. 
     441a(a)(4)) is amended--
       (1) by inserting ``(A)'' before ``The limitations''; and
       (2) by adding at the end the following:
       ``(B) The limitations on contributions contained in 
     paragraphs (1) and (2) do not apply to transfers between any 
     committee (other than an authorized committee) established, 
     financed, maintained, or controlled by a candidate or an 
     individual holding a Federal office and political committees 
     established and maintained by a national political party.''.
       (e) Elimination of Certain Restrictions on Solicitations by 
     Corporations and Labor Organizations.--
       (1) Written solicitations.--Subparagraph (B) of section 
     316(b)(4) of the Federal Election Campaign Act of 1971 (2 
     U.S.C. 441b(b)(4)(B)) is amended--
       (A) by striking ``2''; and
       (B) by striking ``during the calendar year''.
       (2) Prior approval of solicitation for trade 
     associations.--Subparagraph (D) of section 316(b)(4) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 
     441b(b)(4)(D)) is amended by striking ``to the extent that 
     such solicitation'' and all that follows and inserting a 
     period.
       (f) Increase in Threshold for Political Committees.--
       (1) In general.--Section 301(4)(A) of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 431(4)(A)) is amended by 
     striking ``$1,000'' each place it appears and inserting 
     ``$10,000''.
       (2) Local committees.--
       (A) Contributions received.--Section 301(4)(C) of the 
     Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)(C)) is 
     amended by striking ``$5,000'' each place it appears and 
     inserting ``$10,000''.
       (B) Contributions made.--Section 301(4)(C) of the Federal 
     Election Campaign Act of 1971 (2 U.S.C. 431(4)(C)) is amended 
     by striking ``$1,000'' each place it appears and inserting 
     ``$10,000''.
       (g) Effective Date.--The amendments made by this section 
     shall apply to calendar years beginning after December 31, 
     2005.

     SEC. 7. SEVERABILITY.

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

     SEC. 8. CONSTRUCTION.

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

     SEC. 9. JUDICIAL REVIEW.

       (a) Special Rules for Actions Brought on Constitutional 
     Grounds.--If any action is brought for declaratory or 
     injunctive relief to challenge the constitutionality of any 
     provision of this Act or any amendment made by this Act, the 
     following rules shall apply:
       (1) The action shall be filed in the United States District 
     Court for the District of Columbia and shall be heard by a 3-
     judge court convened pursuant to section 2284 of title 28, 
     United States Code.
       (2) A copy of the complaint shall be delivered promptly to 
     the Clerk of the House of Representatives and the Secretary 
     of the Senate.
       (3) A final decision in the action shall be reviewable only 
     by appeal directly to the Supreme Court of the United States. 
     Such appeal shall be taken by the filing of a notice of 
     appeal within 10 days, and the filing of a jurisdictional 
     statement within 30 days, of the entry of the final decision.
       (4) It shall be the duty of the United States District 
     Court for the District of Columbia and the Supreme Court of 
     the United States to advance on the docket and to expedite to 
     the greatest possible extent the disposition of the action 
     and appeal.
       (b) Intervention by Members of Congress.--In any action in 
     which the constitutionality of any provision of this Act or 
     any amendment made by this Act is raised (including but not 
     limited to an action described in subsection (a)), any Member 
     of the House of Representatives (including a Delegate or 
     Resident Commissioner to Congress) or Senate shall have the 
     right to intervene either in support of or opposition to the 
     position of a party to the case regarding the 
     constitutionality of the provision or amendment. To avoid 
     duplication of efforts and reduce the burdens placed on the 
     parties to the action, the court in any such action may make 
     such orders as it considers necessary, including orders to 
     require intervenors taking similar positions to file joint 
     papers or to be represented by a single attorney at oral 
     argument.
       (c) Challenge by Members of Congress.--Any Member of 
     Congress may bring an action, subject to the special rules 
     described in subsection (a), for declaratory or injunctive 
     relief to challenge the constitutionality of any provision of 
     this Act or any amendment made by this Act.
       (d) Applicability.--
       (1) Initial claims.--With respect to any action initially 
     filed on or before December 31, 2008, the provisions of 
     subsection (a) shall apply with respect to each action 
     described in such subsection.
       (2) Subsequent actions.--With respect to any action 
     initially filed after December 31, 2008, the provisions of 
     subsection (a) shall not apply to any action described in 
     such subsection unless the person filing such action elects 
     such provisions to apply to the action.
                                 ______