[Congressional Record Volume 153, Number 72 (Thursday, May 3, 2007)]
[Senate]
[Pages S5571-S5580]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Specter, Mr. Feingold, and Mr. 
        Obama):
  S. 1285. A bill to reform the financing of Senate elections, and for 
other purposes; to the Committee on Rules and Administration.
  Mr. DURBIN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1285

       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.

[[Page S5572]]

``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.

              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).

[[Page S5573]]

     ``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

[[Page S5574]]

     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).

[[Page S5575]]

       ``(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

[[Page S5576]]

     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.''.

              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

[[Page S5577]]

     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 Majority Leader 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

[[Page S5578]]

     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

[[Page S5579]]

     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.--

[[Page S5580]]

       (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.
                                 ______