[Congressional Record Volume 155, Number 54 (Tuesday, March 31, 2009)]
[Senate]
[Pages S4070-S4085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. SNOWE (for herself and Mr. Nelson of Florida):
  S. 744. A bill to amend the Internal Revenue Code of 1986 to exclude 
from an employee's gross income any employer-provided supplemental 
instructional services assistance, and for other purposes; to the 
Committee on Finance.
  Ms. SNOWE. Mr. President, I rise to reintroduce legislation to 
increase access for our Nation's children to affordable, quality 
tutoring. The Affordable

[[Page S4071]]

Tutoring for Our Children Act would enable middle-class families to 
purchase supplemental instructional services on a pre-tax basis, 
ensuring greater utilization of critical educational tools. I would 
like to thank my good friend, Senator Nelson of Florida, for 
cosponsoring this bill.
  A sound education for every American child is fundamental to the 
well-being and prosperity of our society, both now and in the future. 
Yet, as we are all acutely aware, not every child learns at the same 
pace, nor in the same manner, and some face unique challenges that 
cannot be overcome simply in a typical classroom setting. Many children 
require--and greatly benefit from--additional help in academics. 
Regrettably, our Nation's middle-class families are increasingly unable 
to afford this essential ancillary support for their children. Indeed, 
according to education market research company Eduventure, the average 
amount spent annually by a family on private tutoring for a student is 
$1,110.
  Unfortunately, given the considerable and ever-increasing financial 
strains facing middle-class families, with more and more income going 
to pay for gasoline, health care, groceries, and a multitude of other 
expenses, tutoring is often out of reach. In fact, according to a 2007 
report from Demos and the Institute on Assets & Social Policy at 
Brandeis University, more than half of middle-class families have no 
financial assets, or worse, their debts exceeds their assets.
  At present, employees may set aside a portion of their earnings to 
establish a flexible spending account, or FSA, allowing them to pay for 
qualified medical or dependent care expenses free from income and 
payroll taxes. Our legislation would permit employees to use their 
dependent care FSAs to cover supplemental instructional expenses, 
thereby saving themselves up to 40 percent of their cost. Critically, 
this bill is targeted to middle-class families, those who most 
necessitate our assistance. Indeed, only those employees making 
$110,000 or less per year would be able to exclude amounts paid for 
these services from their taxable income. Additionally, supplemental 
instructional expenses would be subject to a combined $5,000 cap with 
other dependent care expenses.
  This bill would help more middle-class children to receive extra 
assistance for a host of subjects ranging from English and mathematics 
to science, government, and foreign languages. At a time when graduates 
who attain a bachelor's degree earn roughly 96 percent more than high 
school graduates, according to the U.S. Bureau of the Census, it is 
vital that our Nation's children get the help they need to succeed.
  With middle-class families feeling the squeeze from every angle, our 
legislation would provide essential relief for those parents seeking to 
ensure that their children have the best educational experience 
possible. I urge my colleagues to consider the dramatic advantage our 
children will gain from this crucial bill, and look forward to its 
passage in a timely manner.
  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 
placed in the Record, as follows:

                                 S. 744

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Affordable Tutoring of Our 
     Children Act''.

     SEC. 2. EXCLUSION OF EMPLOYER-PROVIDED SUPPLEMENTAL 
                   INSTRUCTIONAL SERVICES ASSISTANCE.

       (a) In General.--Section 129 of the Internal Revenue Code 
     of 1986 (relating to dependent care assistance programs) is 
     amended--
       (1) by inserting ``and supplemental instructional services 
     assistance'' after ``dependent care assistance'' each place 
     it appears (except in subsections (d)(4) and (e)(1) thereof), 
     and
       (2) by inserting ``and supplemental instructional 
     services'' after ``dependent care services'' both places it 
     appears in subsection (a)(2).
       (b) Supplemental Instructional Services Assistance.--
     Section 129(e) of the Internal Revenue Code of 1986 (relating 
     to definitions and services) is amended by redesignating 
     paragraphs (2) through (9) as paragraphs (3) through (10), 
     respectively, and by inserting after paragraph (1) the 
     following new paragraph:
       ``(2) Supplemental instructional services assistance.--
       ``(A) In general.--The term `supplemental instructional 
     services assistance' means the payment of, or provision of, 
     supplemental instructional services to an employee's 
     dependent (as defined in subsection (a)(1) of section 152, 
     determined without regard to subsection (c)(1)(C) thereof) 
     who--
       ``(i) has attained the age of 5 but not the age of 19 as of 
     the close of the calendar year in which the taxable year of 
     the employee begins, and
       ``(ii) has not obtained a high school diploma or been 
     awarded a general education degree.
       ``(B) Supplemental instructional services.--The term 
     `supplemental instructional services' means instructional or 
     other academic enrichment services which are--
       ``(i) in addition to instruction provided during the school 
     day,
       ``(ii) specifically designed to increase the academic 
     achievement of such dependent,
       ``(iii) in the core academic studies of English, reading or 
     language arts, mathematics, science, foreign languages, 
     civics and government, economics, arts, social studies, and 
     geography, and
       ``(iv) provided by a State certified instructor or by a 
     State recognized or privately accredited organization.''.
       (c) No Exclusion for Supplemental Instructional Services 
     Assistance Provided to Highly Compensated Employees.--Section 
     129(a)(2)(A) of the Internal Revenue Code of 1986 (relating 
     to limitation of exclusion) is amended by inserting ``, 
     except that no amount may be excluded under paragraph (1) for 
     supplemental instructional services paid or incurred by an 
     employee who is a highly compensated employee (within the 
     meaning of section 414(q))'' after ``individual)''.
       (d) Conforming Amendments.--
       (1) Section 21(b)(2)(A) of the Internal Revenue Code of 
     1986 is amended by adding at the end the following new 
     sentence: ``Such term shall not include any amount paid for 
     supplemental instructional services (as defined in section 
     129(e)(2)(B)).''.
       (2) The second sentence of section 21(c) of such Code is 
     amended by inserting ``of dependent care assistance'' after 
     ``aggregate amount''.
       (3) Section 6051(a)(9) of such Code is amended by inserting 
     ``and supplemental instructional services assistance'' after 
     ``dependent care assistance'' both places it appears.
       (e) Clerical Amendments.--
       (1) The heading for section 129 of the Internal Revenue 
     Code of 1986 is amended by inserting ``AND SUPPLEMENTAL 
     INSTRUCTIONAL SERVICES ASSISTANCE'' after ``ASSISTANCE''.
       (2) The item relating to section 129 in the table of 
     sections for part III of subchapter B of chapter 1 of such 
     Code is amended by inserting ``and supplemental instructional 
     services assistance'' after ``assistance''.
       (f) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2009.
                                 ______
                                 
      By Mr. HATCH:
  S. 745. A bill to amend the Reclamation Wastewater and Groundwater 
Study and Facilities Act to authorize the Secretary of the Interior to 
participate in the Magna Water District water reuse and groundwater 
recharge project, and for other purposes; to the Committee on Energy 
and Natural Resources.
  Mr. HATCH. Mr. President, I rise to speak today regarding a troubling 
situation facing Magna Water District in Utah. Magna's drinking water 
is threatened by contamination from an underground plume of perchlorate 
which is heading towards its wells. The perchlorate is the result of 
decades of rocket motor production at a Department of Defense site 
currently operated by Hercules, ATK Launch Systems. In order to address 
the threat to its water system, the district plans to implement a 
unique water reuse and groundwater recharge project that would serve to 
demonstrate a bio-destruction process combining wastewater with a 
desalination brine stream to destroy the perchlorate. This new 
technology would give water districts throughout the country a more 
effective and more economical method of mitigating perchlorate 
contamination.
  The district has already invested a significant amount of its own 
funds toward the effort, and it is now seeking a 25 percent match from 
the Federal Government. This funding would preserve the district's 
crucial water resources while finding an efficient and beneficial use 
of treated industrial and domestic wastewater. In addition, this 
funding is vital in order to provide our Nation with a better way to 
destroy harmful perchlorate plumes that may threaten community water 
supplies.
  As you know, our Nation's clean water supply is a precious asset to 
our country. In desert places like Utah, the need for the best use of 
our available water is critical to preserving the limited amounts of 
clean water available

[[Page S4072]]

to us. This water reuse and groundwater recharge technology is crucial 
to ensure clean drinking water for the citizens of Magna. Not only 
would this funding benefit the Magna district, but it would provide our 
Nation with an inexpensive and powerful new tool to clean up 
contaminated water. This is an investment in our Nation that will be 
paid back many times over.
  I urge my colleagues to lend their support to this important 
legislation.
                                 ______
                                 
      By Mrs. BOXER (for herself and Mrs. Feinstein):
  S. 748. A bill to redesignate the facility of the United States 
Postal Service located at 2777 Logan Avenue in San Diego, California, 
as the ``Cesar E. Chavez Post Office''; to the Committee on Homeland 
Security and Governmental Affairs.
  Mrs. BOXER. Mr. President, today I join Representative Susan Davis in 
commemorating Cesar E. Chavez's 82nd birthday by introducing 
legislation to name a post office in San Diego, CA, after this 
extraordinary civil rights activist and union leader.
  Today we join millions of people across this Nation in honoring Cesar 
Chavez's legacy as an educator, environmentalist, and a civil rights 
leader who was committed to providing fair wages, better working 
conditions, decent housing, and quality education for all. As an 
activist, Chavez worked to give a voice to the voiceless, and inspire 
millions of Americans to stand up and say, ``Si, Se Puede!''
  As a migrant farm worker in his youth, Cesar E. Chavez learned about 
the struggles of farm workers including poor wages, poor medical 
coverage, and poor working conditions. When he returned from serving 
his country in the Navy during World War II, Chavez began to work to 
improve this situation, first by organizing for the Community Service 
Organization coordinating voter-registration drives and battling racial 
and economic discrimination.
  In 1962 Cesar Chavez founded the National Farm Workers Association, 
later to become the United Farm Workers, the largest farm workers union 
in the country. Using nonviolent tactics, such as boycotts, pickets, 
and strikes, Chavez raised awareness about the plight of farm workers. 
Cesar Chavez's unflagging determination made great strides in 
championing the rights of farm workers, but the struggle for farm 
workers continues. This year, thousands of workers across California 
are preparing to march, and continue the fight for their rights.
  Cesar Chavez's life and legacy should serve not only as an example 
but an inspiration to us all as we work to address the growing 
inequality in our nation, as well as the challenges faced by America's 
working families, including poverty, health care, and education.
  Fifteen years ago, President Clinton awarded Cesar Chavez the 
Presidential Medal of Freedom, in recognition of his great 
contributions to our Nation. Today we remember his work not only for 
the U.S., but also for the communities and people of the State of 
California.
  San Diego is a city with a rich cultural heritage, and a history of 
community organizing and activism that shares its roots with Cesar 
Chavez's lifelong struggle for justice and equality. Cesar Chavez 
accomplished a great deal to improve living and working conditions for 
all people, and I ask my colleagues to join me in supporting this bill 
to recognize his work and his memory.
                                 ______
                                 
      By Mr. COCHRAN (for himself, Mr. Dodd, Mr. Alexander, Mr. Akaka, 
        Mr. Bingaman, Mrs. Murray, Mr. Wicker, and Mr. Cardin):
  S. 749. A bill to improve and expand geographic literacy among 
kindergarten through grade 12 students in the United States by 
improving professional development programs for kindergarten through 
grade 12 teachers offered through institutions of higher education; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. COCHRAN. Mr. President, today, I am introducing the Teaching 
Geography is Fundamental Act. I am pleased to be joined by my friend 
from Connecticut, Mr. Dodd. The purpose of this bill is to improve 
geographic literacy among K-12 students in the U.S. by supporting 
professional development programs for their teachers that are 
administered in institutions of higher education and other educational 
institutions. This bill also assists States in measuring the impact of 
education in geography.
  Former Secretary of State Colin Powell said, ``To solve most of the 
major problems facing our county today--from wiping out terrorism, to 
minimizing global environmental problems, to eliminating the scourge of 
AIDS--will require every young person to learn more about other 
regions, cultures, and languages.'' We need to do more to ensure that 
the teachers responsible for the education of our students, from 
kindergarten through high school graduation, are prepared and trained 
to teach these critical skills to solve these problems. The Elementary 
and Secondary Education Act has expressly identified geography as a 
core academic subject. Yet, when we review No Child Left Behind, 
geography education is the only subject without a dedicated source of 
support for educational training and innovation.
  This bill prepares students to be good citizens of both our nation 
and the world. John Fahey, President of the National Geographic 
Society, stated that ``geographic illiteracy impacts our economic well-
being, our relationships with other nations and the environment, and 
isolates us from the world.'' When students understand their own 
environment, they can better understand the differences in other 
places, and the people who live in them. Knowledge of the diverse 
cultures, environments, and the relationships between states and 
countries helps our students to understand national and international 
policies, economies, societies, and political structures on a more 
global scale.
  To expect that Americans will be able to work successfully with the 
other people in this world, we need to be able to communicate and 
understand each other. We need to prepare our younger generation for 
global competition and ensure that they have a strong base of 
understanding to be able to succeed in the global marketplace.
  The 2005 publication, What Works in Geography, reported that 
elementary school geography instruction significantly improves student 
achievement and proved that the integration of geography into the 
elementary school curriculum improves student literacy achievement an 
average of 5 percent. That is the good news. However, the 2006 National 
Geographic-Roper Global Geographic Literacy Survey shows that 69 
percent of elementary school principals report a decrease in the time 
spent teaching geography, and less than a quarter of our nation's high 
school students take a geography course in high school. This survey 
shows that many of our high school graduates lack the basic skills 
needed to navigate our international economy, policies, and 
relationships. According to statistics from the U.S. Bureau of Economic 
Analysis, 30 percent of the annual U.S. GDP, that is 4.3 trillion 
dollars, results from international trade. According to the CIA World 
Factbook of 2005, U.S. workers need geographic knowledge to compete in 
this global economy. Geographic knowledge is increasingly needed for 
U.S. businesses in international markets to understand such factors as 
physical distance, time zones, language differences, and cultural 
diversity among project teams.
  In addition, geospatial technology is an emerging and innovative 
career available to people with strong geography education. 
Professionals in geospatial technology are employed in Federal 
Government agencies, the private sector, and the non-profit sector. 
These professionals focus on areas such as agriculture, archeology, 
ecology, land appraisal, and urban planning and development. According 
to the National Geospatial Intelligence Agency, the information 
gathering necessary to protect critical infrastructure has resulted in 
an enormous increase in the demand for geospatial skills and jobs. A 
strong geography education system is a necessity for this industry's 
continued advancement. The U.S. Department of Labor has identified 
geospatial technologies as one of the most important high-growth 
industries, with the market growing at an annual rate of 35 percent. 
These are high-tech, high-wage jobs in which America can and must 
compete.

[[Page S4073]]

  It has been both the private and non-profit sectors working to ensure 
that the critical skills and knowledge provided by geography education 
are provided to our schools. Over the last 20 years, the National 
Geographic Society has awarded more than $100 million in grants to 
educators, universities, State geographic alliances, and others for the 
purposes of advancing and improving the teaching of geography. Their 
models are successful, and research shows that students who have 
benefitted from this teaching out-perform other students. In all 50 
States, the District of Columbia and Puerto Rico, there are state 
geographic alliances and partnerships between higher education and K-12 
school systems. Thirty States, including Mississippi and the District 
of Columbia, are endowed by grants from the National Geographic 
Society. But these efforts alone are not enough. The bill I am 
introducing establishes a Federal commitment to enhance the education 
of our teachers, focuses on geography education research, and develops 
reliable, advanced technology-based classroom resources. A 5 year, 
$15,000,000 grant program would be created under the bill to achieve 
these objectives.
  In my State of Mississippi, teachers and university professors are 
making progress to increase geography education in the schools through 
additional professional training. To date, there are 555 members of the 
Mississippi Geographic Alliance who teach geography. Last year, the 
Mississippi Geographic Alliance conducted a statewide workshop titled 
Introductory World Geography to help prepare teachers to meet the 
State's new graduation requirement in geography. The Alliance conducted 
two, week-long residential summer institutes that provided grade-
specific geography content and teaching strategies; provided a field-
based local Mississippi geography workshop; and conducted two workshops 
that introduce pre-service teachers to the scope of modern geography 
and effective geography teaching strategies.
  I hope the Senate will consider the serious need to invest in 
geography, and I invite other Senators to cosponsor the Teaching 
Geography is Fundamental Act.
                                 ______
                                 
      By Mrs. BOXER (for herself and Ms. Collins):
  S. 750. A bill to amend the Public Health Service Act to attract and 
retain trained health care professionals and direct care workers 
dedicated to providing quality care to the growing population of older 
Americans; to the Committee on Health, Education, Labor, and Pensions.
  Mrs. BOXER. Mr. President, the need for health care reform is 
undeniable and we must undertake comprehensive efforts to provide 
quality care for our Nation's diverse populations, particularly older 
Americans. Our aging population is expected to almost double in number, 
from 37 million people today to about 72 million by 2030. If we fail to 
prepare, our Nation will face a crisis in providing care to these older 
Americans. We must start now if we are going to adequately train the 
health care workforce to meet the needs of an aging America.
  Health care providers with the necessary training to give older 
Americans the best care are in critically short supply. In its landmark 
report, Retooling for an Aging America, the Institute of Medicine 
concluded that action must be taken immediately to address the severe 
workforce shortages in the care of older adults.
  According to the Institute of Medicine, only about 7,100 U.S. 
physicians are certified geriatricians today; 36,000 are needed by 
2030. Just 4 percent of social workers and only 3 percent of advance 
practice nurses specialize in geriatrics. Recruitment and retention of 
direct care workers is also a looming crisis due to low wages and few 
benefits, lack of career advancement, and inadequate training.
  Preparing our workforce for the job of caring for older Americans is 
an essential part of ensuring the future health of our nation. Right 
now, there is a critical shortage of health care providers with the 
necessary training and skills to provide our seniors with the best 
possible care. This is a tremendously important issue for American 
families who are concerned about quality of care and quality of life 
for their older relatives and friends.
  It is clear that there is a need for federal action to address these 
issues, and that is why Senator Collins and I are introducing the 
Caring for an Aging America Act. This legislation would help attract 
and retain trained health care professionals and direct care workers 
dedicated to providing quality care to the growing population of older 
Americans by providing them with meaningful loan forgiveness and career 
advancement opportunities.
  Specifically, for health professionals who complete specialty 
training in geriatrics or gerontology--including physicians, physician 
assistants, advance practice nurses, social workers, pharmacists and 
psychologists--the legislation would link educational loan repayment to 
a service commitment to the aging population, modeled after the 
successful National Health Services Corps. The bill would also expand 
loan repayment for registered nurses who complete specialty training in 
geriatric care and who choose to work in long-term care settings, and 
expand career advancement opportunities for direct care workers by 
offering specialty training in long-term care services. Lastly, the 
legislation would establish a health and long-term care workforce 
advisory panel for an aging America.
  In addition, I was pleased to work with the Alzheimer's Association 
and the American Geriatrics Society to ensure that this legislation 
will also help provide a workforce to meet the needs of older Americans 
with dementia, Alzheimer's and other cognitive disorders.
  Ensuring we have a well-trained health care workforce with the skills 
to care for our aging population is a critical investment in America's 
future. This legislation offers a modest but important step toward 
creating the future health care workforce that our Nation so urgently 
needs.
  I look forward to working with Senator Collins and our colleagues to 
ensure that we meet our obligations to the seniors of our Nation to 
improve their care.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Specter):
  S. 751. A bill to establish a revenue source for fair elections 
financing of Senate campaigns by providing an excise tax on amounts 
paid pursuant to contracts with the United States Government; to the 
Committee on Finance.
  Mr. DURBIN. Mr. President, we are facing the worst economic crisis 
since the great depression. Health care costs are exploding. Our 
education system is in desperate need of reform. All while we continue 
to fight two wars on the other side of the globe.
  At a time like this, our Nation's leaders need to be singularly 
focused on the challenges at hand. Yet as Senators and Congressmen we 
find ourselves spending more and more of our time raising money for our 
own re-elections. That means we spend less and less time focusing on 
our Nation's policy challenges.
  In the last three election cycles, Senate candidates spent nearly 
$1.3 billion on their races. This is simply unsustainable.
  Unless you have enough personal wealth to pay for a campaign by 
yourself, you have little choice but to spend an enormous amount of 
your time dialing for dollars to keep up with your competitors. If you 
do not attend the nightly fundraisers and hit the phones during power 
hours, your campaign message will be drowned out by your opponent's 
advertising by Election Day. You will stand little chance of being 
chosen to continue to work on the challenges you came to Washington to 
solve.
  Worse, the system we currently use to finance Federal campaigns makes 
candidates far too reliant on the ability of wealthy donors to help 
raise the mountains of money necessary to compete.
  The result is a public who rightly questions whether those that win 
elections in this system are serving ALL of their constituents and not 
just their wealthy donors.
  We need to finance Federal campaigns differently. There has never 
been a more critical time for change.
  That is why today I am reintroducing the bipartisan Fair Elections 
Now Act with my friend Senator Specter. I am pleased that Congressman 
Larson is introducing the companion legislation

[[Page S4074]]

in the House with Republican Congressmen Todd Platts of Pennsylvania 
and Walter Jones of North Carolina.
  The Fair Elections Now Act would help restore public confidence in 
the Congressional election process by providing qualified candidates 
for Congress with grants, matching funds, and vouchers from the Fair 
Elections Fund to replace campaign fundraising that largely relies on 
lobbyists and other special interests. In return, participating 
candidates would agree to limit their campaign spending to the amounts 
raised from small-dollar donors plus the amounts provided from the 
Fund.
  Fair Elections for the Senate would have three stages.
  To participate, candidates would first need to prove their viability 
by raising a minimum number and amount of small-dollar qualifying 
contributions from in-state donors. Once a candidate qualifies, that 
candidate must limit the amount raised from each donor to $100 per 
election.
  For the primary, participants would receive a base grant that would 
vary in amount based on the population of the state that the candidate 
seeks to represent. Participants would also receive a 4-to-1 match for 
small-dollar donations up to a defined matching cap. The candidate 
could raise an unlimited amount of $100 contributions if needed to 
compete against high-spending opponents.
  For the general election, qualified candidates would receive an 
additional grant, further small-dollar matching, and vouchers for 
purchasing television advertising. The candidate could continue to 
raise an unlimited amount of $100 contributions if needed.
  Under our plan, candidates will no longer be in the fundraising 
business. Instead, candidates will be in the constituent business, 
regardless of whether those constituents have the wealth to attend a 
fundraiser or to donate more than $100 per election. Candidates will be 
in the policy business, regardless of what policies are preferred by 
wealthy donors.
  This is no naive theory. It is a system that is already at work. Very 
similar programs exist in Maine, Arizona, and elsewhere. These programs 
are bringing new faces and ideas into politics and making more races 
more competitive. Most importantly, candidates spend more time with 
constituents and in policy debates and less time with wealthy donors.
  I know that some will say that the answer to this problem of time 
constraints is simply to remove individual contribution limits, so that 
with a few phone calls to billionaire donors candidates can raise all 
of the money that they need. I completely disagree. The answer is not 
to further concentrate influence in the hands of a smaller and smaller 
group of donors, but rather to remove that source of influence 
altogether. That is the only way to rebuild the trust of the American 
people.
  Let me be clear: I honestly believe that the overwhelming majority of 
the people serving in American politics are good, honest people, and I 
believe that Senators and Congressmen are guided by the best of 
intentions. But we are nonetheless stuck in a terrible, corrupting 
system. The perception is that politicians are corrupted by the big 
money interests . . . and whether that is true or not, that perception 
and the loss of trust that goes with it makes it incredibly difficult 
for the Senate to take on tough challenges and have the American public 
believe that what we are doing is right.
  I believe that this problem is fundamental to our democracy, and we 
must address it. Overwhelming numbers of Americans agree. Recent 
polling shows that 69 percent of Democrats, 72 percent Republicans, and 
60 percent of independents supported a general description of this 
proposal. The Fair Elections Now Act is supported by several good 
Government groups, former members of Congress, business leaders, and 
even lobbyists.
  Our Nation's leaders need to be completely focused on getting America 
back on track. The Fair Elections Now Act will help.
  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 
placed in the Record, as follows:

                                 S. 751

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fair Elections Revenue Act 
     of 2009''.

     SEC. 2. FAIR ELECTIONS FUND REVENUE.

       (a) In General.--The Internal Revenue Code of 1986 is 
     amended by inserting after chapter 36 the following new 
     chapter:

 ``CHAPTER 37--TAX ON PAYMENTS PURSUANT TO CERTAIN GOVERNMENT CONTRACTS

``Sec. 4501. Imposition of tax.

     ``SEC. 4501. IMPOSITION OF TAX.

       ``(a) Tax Imposed.--There is hereby imposed on any payment 
     made to a qualified person pursuant to a qualified contract 
     with the Government of the United States a tax equal to 0.50 
     percent of the amount paid.
       ``(b) Limitation.--The aggregate amount of tax imposed 
     under subsection (a) for any calendar year shall not exceed 
     $500,000.
       ``(c) Qualified Person.--For purposes of this section, the 
     term `qualified person' means any person which--
       ``(1) is not a State or local government or a foreign 
     nation, and
       ``(2) has contracts with the Government of the United 
     States with a value in excess of $10,000,000.
       ``(d) Payment of Tax.--The tax imposed by this section 
     shall be paid by the person receiving such payment.
       ``(e) Use of Revenue Generated by Tax.--It is the sense of 
     the Senate that amounts equivalent to the revenue generated 
     by the tax imposed under this chapter should be appropriated 
     for the financing of a Fair Elections Fund and used for the 
     public financing of Senate elections.''.
       (b) Conforming Amendment.--The table of chapter of the 
     Internal Revenue Code of 1986 is amended by inserting after 
     the item relating to chapter 36 the following:

     ``Chapter 37--Tax on Payments Pursuant to Certain Government 
                              Contracts''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to contracts entered into after the date of the 
     enactment of this Act.
                                 ______
                                 
      By Mr. DURBIN (for himself and Mr. Specter):
  S. 752. 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 
placed in the Record, as follows:

                                 S. 752

       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

                    ``Subtitle A--General Provisions

``Sec. 501. Definitions.
``Sec. 502. Fair Elections Fund.

              ``Subtitle B--Eligibility and Certification

``Sec. 511. Eligibility.
``Sec. 512. Qualifying contribution requirement.
``Sec. 513. Contribution and expenditure requirements.
``Sec. 514. Debate requirement.
``Sec. 515. Certification.

                         ``Subtitle C--Benefits

``Sec. 521. Benefits for participating candidates.
``Sec. 522. Allocations from the Fund.
``Sec. 523. Matching payments for qualified small dollar contributions.
``Sec. 524. Political advertising vouchers.

                ``Subtitle D--Administrative Provisions

``Sec. 531. Fair Elections Oversight Board.
``Sec. 532. Administration provisions.
``Sec. 533. Violations and penalties.
Sec. 103. Prohibition on joint fundraising committees.
Sec. 104. Limitation on coordinated expenditures by political party 
              committees with participating candidates.

                 TITLE II--IMPROVING VOTER INFORMATION

Sec. 201. Broadcasts relating to all Senate candidates.
Sec. 202. Broadcast rates for participating candidates.
Sec. 203. FCC to prescribe standardized form for reporting candidate 
              campaign ads.

     TITLE III--RESPONSIBILITIES OF THE FEDERAL ELECTION COMMISSION

Sec. 301. Petition for certiorari.

[[Page S4075]]

Sec. 302. Filing by Senate candidates with Commission.
Sec. 303. Electronic filing of FEC reports.

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Severability.
Sec. 402. 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 culture that fosters actual or perceived 
     conflicts of interest by encouraging Senators to accept large 
     campaign contributions from private interests that are 
     directly affected by Federal legislation;
       (2) diminishing or appearing to diminish Senators' 
     accountability to constituents by compelling legislators to 
     be accountable to the major contributors who finance their 
     election campaigns;
       (3) undermining 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 distortions caused by unequal 
     access to lawmakers for campaign contributors;
       (5) making it difficult for some qualified candidates to 
     mount competitive Senate election campaigns;
       (6) disadvantaging challengers and discouraging competitive 
     elections, 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 Fair Elections Fund.--The Senate finds and declares that 
     providing the option of the replacement of large private 
     campaign contributions with allocations from the Fair 
     Elections Fund for all primary, runoff, and general elections 
     to the Senate would enhance American democracy by--
       (1) reducing the actual or perceived conflicts of interest 
     created by fully private financing of the election campaigns 
     of public officials and restoring public confidence in the 
     integrity and fairness of the electoral and legislative 
     processes through a program which allows participating 
     candidates to adhere to substantially lower contribution 
     limits for contributors with an assurance that there will be 
     sufficient funds for such candidates to run viable electoral 
     campaigns;
       (2) increasing the public's confidence in the 
     accountability of Senators to the constituents who elect 
     them, which derives from the program's qualifying criteria to 
     participate in the voluntary program and the conclusions that 
     constituents may draw regarding candidates who qualify and 
     participate in the program;
       (3) helping to reduce the ability to make large campaign 
     contributions as a determinant of a citizen's influence 
     within the political process by facilitating the expression 
     of support by voters at every level of wealth, encouraging 
     political participation, and incentivizing participation on 
     the part of Senators through the matching of small dollar 
     contributions;
       (4) potentially saving taxpayers billions of dollars that 
     may be (or that are perceived to be) currently allocated 
     based upon legislative and regulatory agendas skewed by the 
     influence of campaign contributions;
       (5) creating genuine opportunities for all Americans to run 
     for the Senate and encouraging more competitive elections;
       (6) encouraging participation in the electoral process by 
     citizens of every level of wealth; and
       (7) 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

                    ``Subtitle A--General Provisions

     ``SEC. 501. DEFINITIONS.

       ``In this title:
       ``(1) Allocation from the fund.--The term `allocation from 
     the Fund' means an allocation of money from the Fair 
     Elections Fund to a participating candidate pursuant to 
     section 522.
       ``(2) Board.--The term `Board' means the Fair Elections 
     Oversight Board established under section 531.
       ``(3) 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 511(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.
       ``(4) 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.
       ``(5) Fund.--The term `Fund' means the Fair Elections Fund 
     established by section 502.
       ``(6) 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).
       ``(7) Matching contribution.--The term `matching 
     contribution' means a matching payment provided to a 
     participating candidate for qualified small dollar 
     contributions, as provided under section 523.
       ``(8) Nonparticipating candidate.--The term 
     `nonparticipating candidate' means a candidate for Senator 
     who is not a participating candidate.
       ``(9) Participating candidate.--The term `participating 
     candidate' means a candidate for Senator who is certified 
     under section 515 as being eligible to receive an allocation 
     from the Fund.
       ``(10) Qualifying contribution.--The term `qualifying 
     contribution' means, with respect to a candidate, a 
     contribution that--
       ``(A) is in an amount that is--
       ``(i) not less than the greater of $5 or the amount 
     determined by the Commission under section 531; and
       ``(ii) not more than the greater of $100 or the amount 
     determined by the Commission under section 531.
       ``(B) is made by an individual--
       ``(i) who is a resident of the State in which such 
     Candidate is seeking election; and
       ``(ii) who is not otherwise prohibited from making a 
     contribution under this Act;
       ``(C) is made during the Fair Elections qualifying period; 
     and
       ``(D) meets the requirements of section 512(b).
       ``(11) Qualified small dollar contribution.--The term 
     `qualified small dollar contribution' means, with respect to 
     a candidate, any contribution (or series of contributions)--
       ``(A) which is not a qualifying contribution (or does not 
     include a qualifying contribution);
       ``(B) which is made by an individual who is not prohibited 
     from making a contribution under this Act; and
       ``(C) the aggregate amount of which does not exceed the 
     greater of--
       ``(i) $100 per election; or
       ``(ii) the amount per election determined by the Commission 
     under section 531.

     ``SEC. 502. FAIR ELECTIONS FUND.

       ``(a) Establishment.--There is established in the Treasury 
     a fund to be known as the `Fair Elections Fund'.
       ``(b) Amounts Held by Fund.--The Fund shall consist of the 
     following amounts:
       ``(1) Appropriated amounts.--
       ``(A) In general.--Amounts appropriated to the Fund.
       ``(B) Sense of the senate regarding appropriations.--It is 
     the sense of the Senate that--
       ``(i) there should be imposed on any payment made to any 
     person (other than a State or local government or a foreign 
     nation) who has contracts with the Government of the United 
     States in excess of $10,000,000 a tax equal to 0.50 percent 
     of amount paid pursuant to such contracts, except that the 
     aggregate tax for any person for any taxable year shall not 
     exceed $500,000; and
       ``(ii) the revenue from such tax should be appropriated to 
     the Fund.
       ``(2) Voluntary contributions.--Voluntary contributions to 
     the Fund.
       ``(3) Other deposits.--Amounts deposited into the Fund 
     under--
       ``(A) section 513(c) (relating to exceptions to 
     contribution requirements);
       ``(B) section 521(c) (relating to remittance of allocations 
     from the Fund);
       ``(C) section 533 (relating to violations); and
       ``(D) any other section of this Act.
       ``(4) 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 Fund shall be used to 
     provide benefits to participating candidates as provided in 
     subtitle C.
       ``(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.

              ``Subtitle B--Eligibility and Certification

     ``SEC. 511. ELIGIBILITY.

       ``(a) In General.--A candidate for Senator is eligible to 
     receive an allocation from the

[[Page S4076]]

     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 meets the qualifying contribution 
     requirements of section 512.
       ``(3) 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 513;
       ``(B) if certified, will comply with the debate 
     requirements of section 514;
       ``(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 runoff election 
     unless the candidate's party nominated the candidate to be 
     placed on the ballot for the general election or the 
     candidate otherwise qualified to be on the ballot under State 
     law.

     ``SEC. 512. 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--
       ``(1) a number of qualifying contributions equal to the 
     greater of--
       ``(A) the sum of--
       ``(i) 2,000; plus
       ``(ii) 500 for each congressional district in the State 
     with respect to which the candidate is seeking election; or
       ``(B) the amount determined by the Commission under section 
     531; and
       ``(2) a total dollar amount of qualifying contributions 
     equal to the greater of--
       ``(A) 10 percent of the amount of the allocation such 
     candidate would be entitled to receive for the primary 
     election under section 522(c)(1) (determined without regard 
     to paragraph (5) thereof) if such candidate were a 
     participating candidate; or
       ``(B) the amount determined by the Commission under section 
     531.
       ``(b) Requirements Relating to Receipt of Qualifying 
     Contribution.--Each qualifying contribution--
       ``(1) may be made by means of a personal check, money 
     order, debit card, credit card, or electronic payment 
     account;
       ``(2) shall be accompanied by a signed statement 
     containing--
       ``(A) the contributor's name and the contributor's address 
     in the State in which the contributor is registered to vote;
       ``(B) an oath declaring that the contributor--
       ``(i) understands that the purpose of the qualifying 
     contribution is to show support for the candidate so that the 
     candidate may qualify for Fair Elections financing;
       ``(ii) is making the contribution in his or her own name 
     and from his or her own funds;
       ``(iii) has made the contribution willingly; and
       ``(iv) has not received any thing of value in return for 
     the contribution; and
       ``(3) 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; and
       ``(c) 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.

     ``SEC. 513. 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) qualifying contributions;
       ``(B) qualified small dollar contributions;
       ``(C) allocations from the Fund under section 522;
       ``(D) matching contributions under section 523; and
       ``(E) vouchers provided to the candidate under section 524;
       ``(2) makes no expenditures from any amounts other than 
     from--
       ``(A) qualifying contributions;
       ``(B) qualified small dollar contributions;
       ``(C) allocations from the Fund under section 522;
       ``(D) matching contributions under section 523; and
       ``(E) vouchers provided to the candidate under section 524; 
     and
       ``(3) makes no expenditures from personal funds or the 
     funds of any immediate family member (other than funds 
     received through qualified small dollar contributions and 
     qualifying contributions).

     For purposes of this subsection, a payment made by a 
     political party in coordination with a participating 
     candidate shall not be treated as a contribution to or as an 
     expenditure made by the participating candidate.
       ``(b) Contributions for Leadership PACs, etc.--A political 
     committee of a participating candidate which is not an 
     authorized committee of such candidate may accept 
     contributions other than contributions described in 
     subsection (a)(1) from any person if--
       ``(1) the aggregate contributions from such person for any 
     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.--Notwithstanding subsection (a), a 
     candidate shall not be treated as having failed to meet the 
     requirements of this section if any contributions that are 
     not qualified small dollar contributions, qualifying 
     contributions, or contributions that meet the requirements of 
     subsection (b) and that are accepted before the date the 
     candidate files a statement of intent under section 511(a)(1) 
     are--
       ``(1) returned to the contributor; or
       ``(2) submitted to the Commission for deposit in the Fund.

     ``SEC. 514. 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. 515. CERTIFICATION.

       ``(a) In General.--Not later than 5 days after a candidate 
     for Senator files an affidavit under section 511(a)(3), 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, including any regulatory 
     requirements prescribed by the Commission.
       ``(2) Repayment of benefits.--If certification is revoked 
     under paragraph (1), the candidate shall repay to the 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.

                         ``Subtitle C--Benefits

     ``SEC. 521. BENEFITS FOR PARTICIPATING CANDIDATES.

       ``(a) In General.--For each election with respect to which 
     a candidate is certified as a participating candidate, such 
     candidate shall be entitled to--
       ``(1) an allocation from the Fund to make or obligate to 
     make expenditures with respect to such election, as provided 
     in section 522;
       ``(2) matching contributions, as provided in section 523; 
     and
       ``(3) for the general election, vouchers for broadcasts of 
     political advertisements, as provided in section 524.
       ``(b) Restriction on Uses of Allocations From the Fund.--
     Allocations from the Fund received by a participating 
     candidate under sections 522 and matching contributions under 
     section 523 may only be used for campaign-related costs.
       ``(c) Remitting Allocations From the Fund.--
       ``(1) In general.--Not later than the date that is 45 days 
     after an election in which the participating candidate 
     appeared on the ballot, such participating candidate shall 
     remit to the Commission for deposit in the Fund an amount 
     equal to the lesser of--
       ``(A) the amount of money in the candidate's campaign 
     account; or
       ``(B) the sum of the allocations from the Fund received by 
     the candidate under section 522 and the matching 
     contributions received by the candidate under section 523.
       ``(2) Exception.--In the case of a candidate who qualifies 
     to be on the ballot for a primary runoff election, a general 
     election, or a general runoff election, the amounts described 
     in paragraph (1) may be retained by the candidate and used in 
     such subsequent election.

     ``SEC. 522. ALLOCATIONS FROM THE FUND.

       ``(a) In General.--The Commission shall make allocations 
     from the Fund under section 521(a)(1) 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 515;
       ``(2) in the case of a general election, not later than 48 
     hours after--
       ``(A) the date of 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

[[Page S4077]]

     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.--
     Except as provided in paragraph (5), 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.
       ``(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.--Except as provided in 
     paragraph (5), 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.
       ``(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.
       ``(5) Uncontested elections.--
       ``(A) In general.--In the case of a primary or general 
     election that is an uncontested election, the Commission 
     shall make an allocation from the Fund to a participating 
     candidate for such election in an amount equal to 25 percent 
     of the allocation which such candidate would be entitled to 
     under this section for such election if this paragraph did 
     not apply.
       ``(B) Uncontested election defined.--For purposes of this 
     subparagraph, an election is uncontested if not more than 1 
     candidate has campaign funds (including payments from the 
     Fund) in an amount equal to or greater than 10 percent of the 
     allocation a participating candidate would be entitled to 
     receive under this section for such election if this 
     paragraph did not apply.
       ``(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 greater of--
       ``(A) the sum of--
       ``(i) $750,000; plus
       ``(ii) $150,000 for each congressional district in the 
     State with respect to which the candidate is seeking 
     election; or
       ``(B) the amount determined by the Commission under section 
     531.
       ``(2) Indexing.--In each odd-numbered year after 2012--
       ``(A) each dollar amount under paragraph (1)(A) 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 2011;
       ``(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.

     ``SEC. 523. MATCHING PAYMENTS FOR QUALIFIED SMALL DOLLAR 
                   CONTRIBUTIONS.

       ``(a) In General.--The Commission shall pay to each 
     participating candidate an amount equal to 400 percent of the 
     amount of qualified small dollar contributions received by 
     the candidate from individuals who are residents of the State 
     in which such participating candidate is seeking election 
     after the date on which such candidate is certified under 
     section 515.
       ``(b) Limitation.--The aggregate payments under subsection 
     (a) with respect to any candidate shall not exceed the 
     greater of--
       ``(1) 200 percent of the allocation such candidate is 
     entitled to receive for such election under section 522 
     (determined without regard to subsection (c)(5) thereof); or
       ``(2) the percentage of such allocation determined by the 
     Commission under section 531.
       ``(c) Time of Payment.--The Commission shall make payments 
     under this section not later than 2 business days after the 
     receipt of a report made under subsection (d).
       ``(d) Reports.--
       ``(1) In general.--Each participating candidate shall file 
     reports of receipts of qualified small dollar contributions 
     at such times and in such manner as the Commission may by 
     regulations prescribe.
       ``(2) Contents of reports.--Each report under this 
     subsection shall disclose--
       ``(A) the amount of each qualified small dollar 
     contribution received by the candidate;
       ``(B) the amount of each qualified small dollar 
     contribution received by the candidate from a resident of the 
     State in which the candidate is seeking election; and
       ``(C) the name, address, and occupation of each individual 
     who made a qualified small dollar contribution to the 
     candidate.
       ``(3) Frequency of reports.--Reports under this subsection 
     shall be made no more frequently than--
       ``(A) once every month until the date that is 90 days 
     before the date of the election;
       ``(B) once every week after the period described in 
     subparagraph (A) and until the date that is 21 days before 
     the election; and
       ``(C) once every day after the period described in 
     subparagraph (B).
       ``(4) Limitation on regulations.--The Commission may not 
     prescribe any regulations with respect to reporting under 
     this subsection with respect to any election after the date 
     that is 180 days before the date of such election.
       ``(e) Appeals.--The Commission shall provide a written 
     explanation with respect to any denial of any payment under 
     this section and shall provide the opportunity for review and 
     reconsideration within 5 business days of such denial.

     ``SEC. 524. POLITICAL ADVERTISING VOUCHERS.

       ``(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 participants certified pursuant to section 515 who have 
     agreed in writing to keep and furnish to the Commission such 
     records, books, and other information as it may require.
       ``(c) Amounts.--The Commission shall disburse vouchers to 
     each candidate certified under subsection (b) in an aggregate 
     amount equal to the greater of--
       ``(1) $100,000 multiplied by the number of congressional 
     districts in the State with respect to which such candidate 
     is running for office; or
       ``(2) the amount determined by the Commission under section 
     531.
       ``(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 (as defined by the Commission in 
     regulations), 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).
       ``(2) Exchange with political party committee.--
       ``(A) In general.--A participating candidate who receives a 
     voucher under this section may transfer the right to use all 
     or a portion of the value of the voucher to a committee of 
     the political party of which the individual is a candidate in 
     exchange for money in an amount equal to the cash value of 
     the voucher or portion exchanged.
       ``(B) Continuation of candidate obligations.--The transfer 
     of a voucher, in whole or in part, to a political party 
     committee under this paragraph does not release the candidate 
     from any obligation under the agreement made under subsection 
     (b) 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;
       ``(ii) the committee may, in exchange, provide to the 
     candidate only funds subject to the prohibitions, 
     limitations, and reporting requirements of title III of this 
     Act; and
       ``(iii) the amount, if identified as a `voucher exchange' 
     shall not be considered a contribution for the purposes of 
     sections 315 and 513.
       ``(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

[[Page S4078]]

     to ensure the accuracy and integrity of the voucher 
     redemption system.
       ``(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.--The use of a 
     voucher to purchase broadcast airtime constitutes an 
     expenditure as defined in section 301(9)(A).
       ``(f) Definitions.--In this section:
       ``(1) Broadcasting station.--The term `broadcasting 
     station' has the meaning given that term by section 315(f)(1) 
     of the Communications Act of 1934.
       ``(2) 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)).

                ``Subtitle D--Administrative Provisions

     ``SEC. 531. FAIR ELECTIONS OVERSIGHT BOARD.

       ``(a) Establishment.--There is established within the 
     Federal Election Commission an entity to be known as the 
     `Fair Elections Oversight Board'.
       ``(b) Structure and Membership.--
       ``(1) In general.--The Board shall be composed of 5 members 
     appointed by the President by and with the advice and consent 
     of the Senate, of whom--
       ``(A) 2 shall be appointed after consultation with the 
     Majority Leader of the Senate;
       ``(B) 2 shall be appointed after consultation with the 
     Minority Leader of the Senate; and
       ``(C) 1 shall be appointed upon the recommendation of 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 Board.
       ``(B) Prohibition.--No member of the Board may be--
       ``(i) an employee of the Federal government;
       ``(ii) a registered lobbyist; or
       ``(iii) an officer or employee of a political party or 
     political campaign.
       ``(3) Date.--Members of the Board shall be appointed not 
     later than 60 days after the date of the enactment of this 
     Act.
       ``(4) Terms.--A member of the Board shall be appointed for 
     a term of 5 years.
       ``(5) Vacancies.--A vacancy on the Board shall be filled 
     not later than 30 calendar days after the date on which the 
     Board 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.
       ``(6) Chairperson.--The Board shall designate a Chairperson 
     from among the members of the Board.
       ``(c) Duties and Powers.--
       ``(1) Administration.--
       ``(A) In general.--The Board shall have such duties and 
     powers as the Commission may prescribe, including the power 
     to administer the provisions of this title.
       ``(2) Review of fair elections financing.--
       ``(A) In general.--After each general election for Federal 
     office, the Board shall conduct a comprehensive review of the 
     Fair Elections financing program under this title, 
     including--
       ``(i) the maximum dollar amount of qualified small dollar 
     contributions under section 501(11);
       ``(ii) the maximum and minimum dollar amounts for 
     qualifying contributions under section 501(10);
       ``(iii) the number and value of qualifying contributions a 
     candidate is required to obtain under section 512 to qualify 
     for allocations from the Fund;
       ``(iv) the amount of allocations from the Fund that 
     candidates may receive under section 522;
       ``(v) the maximum amount of matching contributions a 
     candidate may receive under section 523;
       ``(vi) the amount and usage of vouchers under section 524;
       ``(vii) the overall satisfaction of participating 
     candidates and the American public with the program; and
       ``(viii) such other matters relating to financing of Senate 
     campaigns as the Board determines are appropriate.
       ``(B) Criteria for review.--In conducting the review under 
     subparagraph (A), the Board shall consider the following:
       ``(i) Qualifying contributions and qualified small dollar 
     contributions.--The Board shall consider whether the number 
     and dollar amount of qualifying contributions required and 
     maximum dollar amount for such qualifying contributions and 
     qualified small dollar contributions strikes a balance 
     regarding the importance of voter involvement, the need to 
     assure adequate incentives for participating, 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 Board determines is appropriate.
       ``(ii) Review of program benefits.--The Board shall 
     consider whether the totality of the amount of funds allowed 
     to be raised by participating candidates (including through 
     qualifying contributions and small dollar contributions), 
     allocations from the Fund under sections 522, matching 
     contributions under section 523, and vouchers under section 
     524 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 
     Board determines is appropriate.
       ``(C) Adjustment of amounts.--
       ``(i) In general.--Based on the review conducted under 
     subparagraph (A), the Board shall provide for the adjustments 
     of the following amounts:

       ``(I) the maximum dollar amount of qualified small dollar 
     contributions under section 501(11)(C);
       ``(II) the maximum and minimum dollar amounts for 
     qualifying contributions under section 501(10)(A);
       ``(III) the number and value of qualifying contributions a 
     candidate is required to obtain under section 512(a)(1);
       ``(IV) the base amount for candidates under section 522(d);
       ``(V) the maximum amount of matching contributions a 
     candidate may receive under section 523(b); and
       ``(VI) the dollar amount for vouchers under section 524(c).

       ``(ii) Regulations.--The Commission shall promulgate 
     regulations providing for the adjustments made by the Board 
     under clause (i).
       ``(D) Report.--Not later than March 30 following any 
     general election for Federal office, the Board 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 Board based 
     on such review.
       ``(d) Meetings and Hearings.--
       ``(1) Meetings.--The Board may hold such hearings, sit and 
     act at such times and places, take such testimony, and 
     receive such evidence as the Board considers advisable to 
     carry out the purposes of this Act.
       ``(2) Quorum.--Three members of the Board shall constitute 
     a quorum for purposes of voting, but a quorum is not required 
     for members to meet and hold hearings.
       ``(e) Reports.--Not later than March 30, 2011, and every 2 
     years thereafter, the Board 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.
       ``(f) Administration.--
       ``(1) Compensation of members.--
       ``(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.
       ``(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.
       ``(2) Personnel.--
       ``(A) Director.--The Board 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.
       ``(B) Staff appointment.--With the approval of the 
     Chairperson, the Executive Director may appoint such 
     personnel as the Executive Director and the Board determines 
     to be appropriate.
       ``(C) 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.
       ``(D) 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 Board to assist in carrying out the duties of the Board. 
     Any such detail shall not interrupt or otherwise affect the 
     civil service status or privileges of the Federal employee.
       ``(E) Other resources.--The Board shall have reasonable 
     access to materials, resources, statistical data, and other 
     information from the Library of Congress and other agencies 
     of the executive and legislative branches of the Federal 
     Government. The Chairperson of the Board shall make requests 
     for such access in writing when necessary.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out the purposes of this subtitle.

     ``SEC. 532. ADMINISTRATION PROVISIONS.

       ``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;

[[Page S4079]]

       ``(B) effectively and efficiently monitoring and enforcing 
     the limits on the raising of qualified small dollar 
     contributions;
       ``(C) effectively and efficiently monitoring and enforcing 
     the limits on the use of personal funds by participating 
     candidates;
       ``(D) monitoring the use of allocations from the Fund and 
     matching contributions under this title through audits or 
     other mechanisms; and
       ``(E) the administration of the voucher program under 
     section 524; and
       ``(2) regarding the conduct of debates in a manner 
     consistent with the best practices of States that provide 
     public financing for elections.

     ``SEC. 533. 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 515(a) 
     accepts a contribution or makes an expenditure that is 
     prohibited under section 513, the Commission shall assess a 
     civil penalty against the candidate in an amount that is not 
     more than 3 times the amount of the contribution or 
     expenditure. Any amounts collected under this subsection 
     shall be deposited into the 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 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. PROHIBITION ON JOINT FUNDRAISING COMMITTEES.

       Section 302(e) of the Federal Election Campaign Act of 1971 
     (2 U.S.C. 432(e)) is amended by adding at the end the 
     following new paragraph:
       ``(6) No authorized committee of a participating candidate 
     (as defined in section 501) may establish a joint fundraising 
     committee with a political committee other than an authorized 
     committee of a candidate.''.

     SEC. 104. 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 Fair Elections 
     Fund that the participating candidate is eligible to receive 
     for the general election under section 522(c); 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''.

                 TITLE II--IMPROVING VOTER INFORMATION

     SEC. 201. BROADCASTS RELATING TO ALL SENATE 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) 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 30-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.''.
       (c) 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''.
       (d) 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. BROADCAST RATES FOR PARTICIPATING CANDIDATES.

       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(9) of 
     the Federal Election Campaign Act of 1971), the charges made 
     for the use of 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.''.

     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 
     to the Commission and to the Federal Election Commission, 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.

     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.''.

[[Page S4080]]

     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. 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, 2011.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Corker, and Mr. Kennedy):
  S. 754. A bill to provide for increased Federal oversight of 
methadone treatment; to the Committee on Health, Education, Labor, and 
Pensions.
  Mr. ROCKEFELLER. Mr. President, I rise today with my colleagues, 
Senator Corker and Senator Kennedy, to introduce the Methadone 
Treatment and Protection Act, legislation that provides a comprehensive 
solution to our country's growing problem of methadone-related deaths. 
In recent years, too many families have come to me with heartbreaking 
stories of mothers and fathers, sisters and brothers who have been 
seriously injured or who have died as a result of methadone. My State 
of West Virginia has been particularly hard-hit by the number of lives 
lost, with just seven methadone-related deaths in 1999 compared to 
approximately 120 deaths in 2005. In the face of such stark realities, 
we can no longer stand by and remain content with the status quo. Now 
is the time for a comprehensive strategy to address the misuse of 
methadone and prevent any additional avoidable deaths.
  Methadone is an FDA approved, synthetic opioid prescription drug that 
has been extensively tested and used in the U.S. for more than thirty 
years. While it was first prescribed for pain management, methadone is 
also widely used as a part of opioid addiction treatment. The high 
efficacy and low cost of methadone has resulted in a significant rise 
in the number of methadone prescriptions, up 700 percent since 1998. 
However, there has also been a steep increase in the number of 
methadone-related deaths. In 2005, there were 4,462 methadone deaths, 
representing a 468 percent increase in the number of deaths since 1999.
  Currently, oversight of methadone is fragmented between three federal 
agencies: the Food and Drug Administration, FDA, the Substances Abuse 
and Mental Health Services Administration, SAMHSA, and the Drug 
Enforcement Administration, DEA. Currently, these agencies lack the 
most effective tools necessary to properly monitor methadone usage and 
effectively prevent methadone-related deaths. The legislation we are 
introducing today will address this shortcoming in our public health 
infrastructure by providing the administrative direction, funding, 
education, and data necessary to effectively monitor for the potential 
misuse of methadone.
  The alarming number of accidental methadone-related overdoses 
indicates that both patients and practitioners do not fully understand 
the complex nature of this medication. Therefore, the Methadone 
Treatment and Protection Act will significantly improve patient and 
provider information about methadone by mandating the creation of a 
consumer education campaign and requiring additional training for 
practitioners who prescribe methadone and other opioids.
  The bill will also improve Federal oversight of methadone by creating 
the Controlled Substances Clinical Standards Commission--with 
membership comprised of the FDA, SAMHSA, and the National Institutes of 
Health, NIH. This new Commission will establish safe dosage levels for 
methadone and other opioids, determine appropriate conversion factors 
when transferring a patient from one opioid to another, and create 
specific guidelines for initiating pain management treatment with 
methadone. To curtail the problems of doctor shopping and diversion, 
this legislation also adequately funds the National All Schedules 
Prescription Drug Reporting Act, NASPER. Passed and signed into law in 
2005, NASPER requires providers to submit prescribing information for 
all schedule II, III, and IV drugs to State run controlled substance 
monitoring programs. NASPER also requires States to share this 
information with one another. Funding NASPER will serve as a deterrent 
to those who misuse methadone from crossing State lines in order to 
avoid being detected.

  Finally, to improve access to comprehensive data on methadone-related 
deaths, this legislation mandates the completion of a standard Model 
Opioid Treatment Program Mortality Report, and requires its submission 
to a newly created National Opioid Death Registry. Prior to 1999, 
methadone did not have separate classification from other opiate-
related deaths. Therefore, a study released by the Center for Disease 
Control and Prevention in 2006 was the first opportunity to examine the 
trends in methadone exclusively. By creating a National Opioid Death 
Registry, it will be possible to more carefully track--and hopefully 
prevent--methadone-related deaths.
  It is my belief that the multi-pronged approach provided in the 
Methadone Treatment and Protection Act will lead to a decrease in the 
number of opioid and methadone-related deaths. This legislation will 
improve the coordination of resources and information at the local, 
State and Federal level to stifle the rising death toll, while at the 
same time make certain methadone and other opioids remain accessible 
for those who truly need these medications. In light of the facts and 
the preventable nature of methadone-related deaths, Congress has a 
responsibility to the American people to guarantee individuals have 
access to the treatment they need in a manner that is both safe and 
effective. The time for action is now, and I urge my colleagues to join 
us in support of this important bill.
                                 ______
                                 
      By Mrs. BOXER:
  S. 755. A bill to amend the Public Health Service Act to authorize 
the Director of the National Cancer Institute to make grants for the 
discovery and validation of biomarkers for use in risk stratification 
for, and the early detection and screening of, ovarian cancer; to the 
Committee on Health, Education, Labor, and Pensions.
  Mrs. BOXER. Mr. President, as we engage in the debate on health care 
reform, it is critical that we address the need to invest in health 
research and innovation to spur the development of new treatments and 
cures for diseases. Today, I am proud to introduce two bills, S. 755 
and S. 756, that would direct Federal investment in new programs that 
would develop tools to detect ovarian and prostate cancers.
  We know that early and reliable detection of these cancers can save 
lives. These bills make sure we have the tools we need to catch these 
cancers early, when they can be treated thereby significantly 
increasing survival rates.
  First, the Ovarian Cancer Biomarker Research Act provides funding for 
research directed toward the development of reliable screening 
techniques for ovarian cancer--a critical investment in the future of 
any woman who will face ovarian cancer.
  Though only one in 72 women will face ovarian cancer in their 
lifetime, this disease ranks fifth in cancer deaths among women and 
causes more deaths than any other cancer of the female reproductive 
system. In the last year alone, the National Cancer Institute, NCI, 
estimated there were 15,520 deaths from ovarian cancer in the U.S.
  For many years, ovarian cancer has been called the ``silent killer'' 
because too often women are diagnosed with this disease too late to be 
saved. But when ovan cancer is diagnosed early, more than 93 percent of 
women survive longer than 5 years. Because there is currently no 
effective screening test available, 4 out of 5 ovarian cancer cases in 
the U.S. are diagnosed in the later stages, when a woman's chance of 
surviving more than 5 years drops to 46 percent.

[[Page S4081]]

  The Ovarian Cancer Biomarker Research Act would authorize NCI to make 
grants for public or nonprofit entities to establish research centers 
focused on ovarian cancer biomarkers. Biomarkers are biochemical 
features within the body that can be used to measure the progress of a 
disease and predict the effects of treatment. This legislation also 
authorizes funding for a national clinical trial that will enroll at-
risk women in a study to determine the clinical utility of using these 
validated ovarian cancer biomarkers.
  The Society of Gynecologic Oncologists, the American College of 
Obstetricians and Gynecologists, the Ovarian Cancer National Alliance, 
and the American College of Surgeons have all joined together in 
support of this research developing tools to detect ovarian cancer 
early, because they know it is critical to improving the rate of 
survival for women struck by this disease.
  The second bill, the Prostate Imaging, Research and Men's Education 
Act, addresses the urgent need for the development of new technologies 
to detect and diagnose prostate cancer.
  Prostate cancer is the second most common cancer in the U.S., and the 
second leading cause of cancer related deaths in men--striking 1 in 
every 6 men. In 2008, it was estimated that more than 186,000 men were 
diagnosed with prostate cancer, and more than 28,000 men died from the 
disease.
  The Prostate Research, Imaging, and Men's Education Act, or PRIME 
Act, would mirror the investment the Federal Government made in 
advanced imaging technologies, which led to life-saving breakthroughs 
in detection, diagnosis and treatment of breast cancer. This bill 
directs the Secretary of the Department of Health and Human Services to 
expand prostate cancer research, and provides the resources to develop 
innovative advanced imaging technologies for prostate cancer detection, 
diagnosis, and treatment.
  In addition, the PRIME Act would create a national campaign to 
increase awareness about the need for prostate cancer screening, and 
works with the Offices of Minority Health at HHS and the Centers for 
Disease Control and Prevention to ensure that this information reaches 
the men most at risk from this disease.
  The PRIME Act will also promote research that improves prostate 
cancer screening blood tests. According to a National Cancer Institute 
study, current blood tests result in false-negative reassurances and 
numerous false-positive alarms. Some 15 percent of men with normal 
blood test levels actually have prostate cancer. Even when levels are 
abnormal, some 88 percent of men end up not having prostate cancer but 
undergo unnecessary biopsies. Furthermore, the prostate is one of the 
last organs in a human body where biopsies are performed blindly, which 
can miss cancer even when multiple samples are taken.
  Government initiatives in research and education can be the key to 
diagnosing prostate or ovarian cancers earlier and more accurately. 
These two bills would strengthen our efforts to fight these diseases.
  These bills are of vital importance to thousands of men and women 
across our great Nation, and the families and friends who are concerned 
for their continued health. I look forward to working with my 
colleagues in the House and Senate to get these bills passed as soon as 
possible.
                                 ______
                                 
      By Mr. UDALL of Colorado (for himself, Mr. Bennet, and Mr. Udall 
        of New Mexico):
  S. 757. A bill to amend the Energy Employees Occupational Illness 
Compensation Program Act of 2000 to expand the category of individuals 
eligible for compensation, to improve the procedures for providing 
compensation, and to improve transparency, and for other purposes; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the 
Charlie Wolf Nuclear Workers Compensation Act. It is a bill designed to 
improve a program to compensate Americans who are gravely ill because 
they were exposed to radiation or other toxins while working in our 
Cold War-era nuclear weapons complex.
  This is an issue that is important to many Coloradans because of the 
work done at Rocky Flats outside of Denver. The compensation program 
has a number of serious flaws, and I have worked on solutions for 
several years now.
  The bill I am introducing includes a number of provisions that I 
introduced last session in the House of Representatives with my 
Colorado colleague, Representative Ed Perlmutter. This year, I expanded 
on those provisions and added others to help these workers finally get 
the assistance they deserve under this program.
  We named the bill for Charlie Wolf, who was one of thousands of 
workers during the Cold War era, who risked their health in order to 
build America's nuclear arsenal. And I believe his story illustrates 
why we should do better by these workers--and why I have introduced 
this bill.
  Charlie worked as an engineer at Rocky Flats--and before that, at the 
Savannah River Site in South Carolina. He--and the thousands of other 
workers like him--are Cold War veterans. As controversial as their work 
often was, they were also patriotic Americans who did more for our 
country than collect a paycheck.
  They believed that their work was keeping the world safe from the 
Soviet threat--and keeping this country strong. And they were right.
  But their work was also dangerous. As a result of radiation and 
toxins he was exposed to on the job, Charlie developed brain cancer a 
little over 6 years ago. He was given 6 months to live--but he hung on 
for 6 years.
  During all of those 6 years, he and his family fought with the 
Federal government to get the compensation that he was promised--and 
that he deserved.
  Charlie's struggles were documented by the Rocky Mountain News in a 
series of stories called ``Deadly Denial.'' That title, unfortunately, 
has come to symbolize the troubles with this compensation program.
  I have heard from many former workers, who--like Charlie and his 
family--have been subjected to repeated delays, lost records, complex 
exposure formulas, and other roadblocks.
  We simply cannot--and should not--subject these workers--patriotic 
people who put themselves in harm's way to help secure our nation--
through these kinds of obstacles and difficulties.
  It is shameful and, frankly, enough is enough.
  This Congress recognized that we should compensate our Cold Warriors 
and certain survivors who put their health and life on the line to 
serve our Nation during the Cold War. We created the EEOICPA program to 
carry out that compensation.
  I was among those who strongly supported the EEOICPA provisions that 
were finally enacted into law in 2000.
  But the next year brought a new administration that, regrettably, did 
not advocate for the program as the Clinton administration had.
  Simply put, the program is not working the way it was intended.
  As a result, while many people have received benefits under the 
program, too many face inexcusable obstacles as they try--often in old 
age or while struggling with the effects of cancer or other serious 
illnesses--to prove they qualify for benefits.
  More than 9 years after we enacted EEOICPA, workers have died without 
receiving the health care or compensation they deserve.
  In fact, a combination of missing records and bureaucratic red tape 
has prevented many workers from accessing any compensation for their 
serious illnesses.
  I now look forward to working with the Obama administration to 
correct problems with this compensation program.
  The bill I am introducing this week is part of that ongoing effort.
  The Charlie Wolf Act is designed to expand the category of 
individuals eligible for compensation, improve the procedures for 
providing compensation and transparency, and grant the Office of the 
Ombudsman greater authority to help workers.
  I would like to explain a couple of the provisions in a little more 
detail.
  First, it would revise the part of the EEOICPA law that specifies 
which covered workers are part of what is known as a ``special exposure 
cohort'' designation under the law.
  The revision would extend this ``special exposure cohort'' status to 
Department of Energy employees, Department of Energy contractor 
employees,

[[Page S4082]]

or atomic weapons employees who worked at a nuclear weapons facility 
prior to January 1, 2006.
  Being included in a special exposure cohort would help make it easier 
for workers to establish that their radiation-linked cancer was the 
result of working at one of these facilities.
  Second, the bill would change the burden of proving that a radiation-
linked cancer was the result of workplace exposure to toxic materials.
  As the law now stands, before a worker can receive benefits, they 
must establish that the cancer is as likely as not to have resulted 
from on-the-job exposure to radiation.
  While that sounds like a reasonable requirement, many workers have 
learned that we have not adequately documented radiation exposures over 
the years.
  In fact, there were serious shortcomings in the monitoring of nuclear 
weapons plant workers' radiation exposures and in the necessary 
recordkeeping. Also, the current administrative process for determining 
links between exposure and employment is terribly slow.
  Many worker exposures were unmonitored or under-monitored over a 
nuclear weapons plant's history. As such, the current law requires 
these workers to seek ``dose reconstructions''--essentially using some 
extrapolated data modeling to re-create the sorts of exposures 
experienced.
  But ``dose reconstructions'' are extremely difficult, slow and 
arduous for the worker and the agency. The process drags out, while 
workers like Charlie suffer and wait for compensation they need--in 
some cases, to help them pay for cancer treatments or care for other 
deadly illnesses.
  This is wrong. We owe these workers better than that.
  My bill fixes that problem by presuming that a worker with a covered 
radiation-linked cancer is eligible for compensation. And it puts the 
burden of proof on the agency.
  So, unless the agency can show--by clear and convincing evidence--
that their cancer was not caused by exposure while working at a nuclear 
weapons facility, that worker would be eligible for compensation.
  It may seem like this is asking to prove a negative, but I believe 
that it requires the federal agency to prove that the cancer may have 
been the result of other factors. I think it is more appropriate to 
place this burden on the federal government--and not the ill worker.
  Third, the bill expands the list of cancers for which individuals are 
eligible to receive compensation. The current law fails to recognize 
some cancers that could legitimately be caused by exposure to toxic 
materials at these sites.
  The bill also requires the Department of Labor to pay a claimant's 
estate should a claimant die after filing their claim--but before 
receiving payment and leaving no survivors.
  Finally, the bill makes a number of other changes that are all 
designed to make this process more user-friendly and helpful to 
claimants.
  It expands the duties of the Ombudsman's Office, providing greater 
transparency and communication with claimants, and allowing more time 
to file legal actions should claims be denied.
  It also allows claimants who were previously denied to re-file their 
claims.
  Since early in my tenure in Congress, I have worked to make good on 
promises of a fairer deal for the nuclear-weapons workers who helped 
America win the Cold War.
  That was why enactment and improvement of the compensation act has 
been one of my top priorities. This is an important matter for our 
country. It is literally a life-or-death issue for the Coloradans who 
are sick today because of their work at Rocky Flats.
  The Charlie Wolf Act will not remedy all the shortcomings of the 
current law, but it will make it better.
  I hope to work with my colleagues in the Senate, who have 
constituents who face situations similar to that of Charlie and his 
family. I hope for swift action from both Congress and the 
administration to keep our promises to these workers and their 
families.
  Charlie Wolf and his family deserve better, as do all of the 
Americans who have made similar scarifies and been subjected to similar 
struggles.
  Charlie's widow, Kathy, told me this week that Charlie carried on his 
fight out of principle because he didn't want other workers to have to 
fight the country they worked so hard to protect.
  I am proud to continue to work on behalf of Charlie's family and his 
memory. I urge my colleagues to cosponsor or support this worthwhile 
legislation and honor our Cold War heroes.
  I would like to thank Senator Michael Bennet of Colorado and Senator 
Tom Udall of New Mexico for joining me as original cosponsors of this 
bill.
  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. 757

       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 ``Charlie 
     Wolf Nuclear Workers Compensation Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Specified disease.
Sec. 4. Definitions for program administration.
Sec. 5. Change in presumption for finding of cancer.
Sec. 6. Distribution of information to claimants and potential 
              claimants.
Sec. 7. Enhancement of site profiles of Department of Energy 
              facilities.
Sec. 8. Clarification of covered illnesses.
Sec. 9. Payment of compensation to survivors and estates of contractor 
              employees.
Sec. 10. Wage loss resulting from exposure.
Sec. 11. Expansion of toxic substance exposure for covered illnesses.
Sec. 12. Extension of statute of limitations for judicial review of 
              contractor employee claims.
Sec. 13. Expansion of authority of Ombudsman of Energy Employees 
              Occupational Illness Compensation Program.
Sec. 14. Payment for transportation and personal care services.
Sec. 15. Enhancement of transparency in claims process.
Sec. 16. Extension of time for claimants to respond to requests for 
              information.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) the Energy Employees Occupational Illness Compensation 
     Program Act of 2000 (42 U.S.C. 7384 et seq.) (referred to in 
     this subsection as the ``Act'') was enacted to ensure 
     fairness and equity for the civilian men and women who, for 
     more than 50 years, have performed duties uniquely related to 
     the nuclear weapons production and testing programs of the 
     Department of Energy (including predecessor agencies of the 
     Department of Energy) by establishing a program to provide 
     efficient, uniform, and adequate compensation for--
       (A) beryllium-related health conditions; and
       (B) heavy metal-, toxic chemical-, and radiation-related 
     health conditions;
       (2) the Act (42 U.S.C. 7384 et seq.) provides a process for 
     the consideration of claims for compensation by individuals 
     who were employed at relevant times and at various locations, 
     which includes provisions to designate employees at certain 
     other locations as members of a special exposure cohort the 
     claims of whom are subject to a less-detailed administrative 
     process;
       (3) the Act (42 U.S.C. 7384 et seq.) authorizes the 
     President, upon a recommendation by the Advisory Board on 
     Radiation and Worker Health established under section 
     3624(a)(1) of the Act (42 U.S.C. 7384o(a)(1)), to designate 
     additional classes of employees at facilities under the 
     jurisdiction of the Department of Energy as members of a 
     special exposure cohort if the President determines that--
       (A) it is not feasible to estimate with sufficient accuracy 
     the magnitude of the radiation dose that the cohort received; 
     and
       (B) there is a reasonable likelihood that the radiation 
     dose may have endangered the health of members of the cohort;
       (4) it is not feasible to estimate with sufficient accuracy 
     the magnitude of radiation doses received by employees at 
     facilities under the jurisdiction of the Department of Energy 
     because--
       (A) many radiation exposures by employees were unmonitored 
     or were not monitored adequately over the lifetime of each 
     facility, as demonstrated in 2004, when an individual 
     employed during the 1950's agreed to be scanned under the 
     former radiation worker program of the Department of Energy 
     and was found to have a significant internal deposition of 
     radiation that had been undetected and unrecorded for longer 
     than 50 years;
       (B) lung counters used for the detection and measurement of 
     plutonium and americium in the lungs of the employees were 
     not available at some facilities until the late 1960's, 
     thus--

[[Page S4083]]

       (i) preventing the very insoluble oxide forms of plutonium 
     from being detected; and
       (ii) leading to a result in which a large number of 
     employees experienced inhalation exposures that went 
     undetected and unmeasured;
       (C) exposure to neutron radiation was not monitored at some 
     facilities until the late 1950's, and most of the 
     measurements taken at the facilities from the period 
     beginning in the late 1950's and ending in 1970 have been 
     found to be in error;
       (D) in some areas of the facilities, neutron doses were 2 
     to 10 times as great as the gamma doses received by 
     employees, although only gamma doses were recorded;
       (E) the radiation exposures of many employees at certain 
     facilities were not measured, and in some cases estimated 
     doses were assigned, while some records for doses have been 
     destroyed or lost;
       (F) as a result of the practices described in subparagraph 
     (E), the available exposure histories and other data are not 
     adequate to properly determine whether employees qualify for 
     compensation under the Act (42 U.S.C. 7384 et seq.); and
       (G) the model that has been used for dose reconstruction by 
     the National Institute for Occupational Safety and Health in 
     determining whether certain workers qualify for compensation 
     under the Act (42 U.S.C. 7384 et seq.) contains errors 
     because--
       (i) the default values used for particle size and 
     solubility of internally deposited plutonium in employees are 
     in error; and
       (ii) the use of those erroneous default values to calculate 
     internal doses for claimants can result in dose calculations 
     that may be 3 to 10 times below the calculations as indicated 
     by the example of the records and autopsy data of the Rocky 
     Flats Environmental Technology Site of the Department of 
     Energy;
       (5) the administrative costs arising from claims have been 
     disproportionately high relative to the number of claims that 
     have been approved;
       (6) many employees, despite working with tons of plutonium 
     and having known exposures that have lead to serious health 
     effects, have been denied compensation under the Act (42 
     U.S.C. 7384 et seq.) as a result of--
       (A) potentially flawed calculations based on records that 
     are incomplete or in error; and
       (B) the use of incorrect models;
       (7) the purposes of the Act (42 U.S.C. 7384 et seq.) are 
     more likely to be achieved if claims by the employees 
     described in this subsection are subject to administrative 
     procedures applicable to members of the special exposure 
     cohort;
       (8) Charlie Wolf, an employee at the nuclear weapons 
     facilities of the Savannah River Site, the Fernald Site, and 
     the Rocky Flats Environmental Technology Site of the 
     Department of Energy, died in 2009 from complications due to 
     glioblastoma multiform brain tumors;
       (9) the difficulties of Mr. Wolf in securing compensation 
     for the illness that he likely incurred from exposures to 
     toxic and radioactive materials at the nuclear weapons 
     facilities described in paragraph (8) reinforce the need to 
     ensure that the Act (42 U.S.C. 7384 et seq.) will be carried 
     out more efficiently and humanely for employees similar to 
     Mr. Wolf;
       (10) Mr. Wolf's first tumor was discovered after he had 
     worked for several years at the Rocky Flats Environmental 
     Technology Site of the Department of Energy, during which he 
     served as the director of buildings numbered 771 (which was 
     once considered the most dangerous nuclear facility in the 
     United States), 774, and 779, 3 facilities at which toxic and 
     radioactive materials were present and handled by employees;
       (11) prior to working at the Rocky Flats Environmental 
     Technology Site of the Department of Energy, Mr. Wolf ran 
     plutonium metal production lines at the Savannah River Site 
     of the Department of Energy;
       (12) Mr. Wolf and his family spent almost 7 years of their 
     lives seeking compensation under the Act (42 U.S.C. 7384 et 
     seq.) although, due to the requirements of the Act (42 U.S.C. 
     7384 et seq.) and the manner by which the regulations and 
     procedures were carried out, the claims of Mr. Wolf were 
     subjected to lengthy and repeated delays and complications 
     that resulted from the difficulties associated with 
     establishing the reconstruction of radiation doses;
       (13) as a result of the experiences of Mr. Wolf, and many 
     others like him, there is a need to reform the Act (42 U.S.C. 
     7384 et seq.), and the program carried out in accordance with 
     the Act (42 U.S.C. 7384 et seq.), to improve the processing 
     of claims; and
       (14) the reforms established through the amendments made by 
     this Act broaden the list of specified cancers, broaden the 
     membership of the special exposure cohort, and change the 
     presumption of cancer due to work-related exposures to help 
     streamline the claims process and help workers like Mr. Wolf 
     and their survivors.
       (b) Purpose.--The purpose of this Act is to amend the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 (42 U.S.C. 7384 et seq.) to improve the 
     processing of claims for work-related illnesses at facilities 
     under the jurisdiction of the Department of Energy.

     SEC. 3. SPECIFIED DISEASE.

       Section 4(b)(2) of the Radiation Exposure Compensation Act 
     (42 U.S.C. 2210 note; Public Law 101-426) is amended--
       (1) by striking ``(other than chronic lymphocytic 
     leukemia)'' and inserting ``(including chronic lymphocytic 
     leukemia)'';
       (2) by inserting ``posterior subcapsular cataracts, 
     nonmalignant thyroid nodular disease, parathyroid adenoma, 
     malignant tumors of the brain and central nervous system, 
     brochio-alveolar carcinoma, benign neoplasms of the brain and 
     central nervous system,'' after ``disease),''; and
       (3) by striking ``or lung'' and inserting ``lung, skin, 
     kidney, salivary gland, rectum, pharynx, or prostate''.

     SEC. 4. DEFINITIONS FOR PROGRAM ADMINISTRATION.

       (a) Atomic Weapons Employee.--Section 3621(3)(A) of the 
     Energy Employees Occupational Compensation Program Act of 
     2000 (42 U.S.C. 7384l(3)(A)) is amended by inserting ``, or 
     an individual employed by a contractor or subcontractor of an 
     atomic weapons employer,'' after ``atomic weapons employer''.
       (b) Established Chronic Beryllium Disease.--Section 3621 of 
     the Energy Employees Occupational Compensation Program Act of 
     2000 (42 U.S.C. 7384l) is amended by striking paragraph (13) 
     and inserting the following:
       ``(13) Established chronic beryllium disease.--The term 
     `established chronic beryllium disease' means chronic 
     beryllium disease, as established by--
       ``(A) an occupational or environmental history, or 
     epidemiological evidence of beryllium exposure; and
       ``(B) any 3 of the following criteria:
       ``(i) Characteristic chest radiographic (or computed 
     tomography) abnormalities.
       ``(ii) Restrictive or obstructive lung physiology testing 
     or a diffusing lung capacity defect.
       ``(iii) Lung pathology consistent with chronic beryllium 
     disease.
       ``(iv) A clinical course consistent with a chronic 
     respiratory disorder.
       ``(v) An immunologic test demonstrating beryllium 
     sensitivity (with preference given to a skin patch test or a 
     beryllium blood test).''.
       (c) Member of Special Exposure Cohort.--
       (1) In general.--Section 3621(14) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384l(14)) is amended by adding at the end the 
     following:
       ``(D) The employee--
       ``(i) is not covered under subparagraph (A), (B), or (C); 
     and
       ``(ii) was employed by the Department of Energy, or a 
     contractor or subcontractor of the Department of Energy, 
     before January 1, 2006.''.
       (2) Reapplication.--A claim for which an individual 
     qualifies, by reason of paragraph (14)(D) of section 3621 of 
     the Energy Employees Occupational Illness Compensation 
     Program Act of 2000 (42 U.S.C. 7384l) (as added by paragraph 
     (1)), for compensation or benefits under that Act (42 U.S.C. 
     7384 et seq.) shall be considered for compensation or 
     benefits notwithstanding any denial of any other claim for 
     compensation with respect to the individual.
       (d) Specified Cancers.--
       (1) In general.--Section 3621(17) of the Energy Employees 
     Occupational Compensation Program Act of 2000 (42 U.S.C. 
     7384l(17)) is amended--
       (A) in subparagraph (D), by striking ``(other than chronic 
     lymphocytic leukemia)''; and
       (B) by adding at the end the following:
       ``(E) Basal cell carcinoma.
       ``(F) Skin cancer.''.
       (2) Reapplication.--A claim for which an individual 
     qualifies, by reason of subparagraph (E) or (F) of paragraph 
     (17) of section 3621 of the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (42 U.S.C. 7384l) 
     (as added by paragraph (1)), for compensation or benefits 
     under that Act (42 U.S.C. 7384 et seq.) shall be considered 
     for compensation or benefits notwithstanding any denial of 
     any other claim for compensation with respect to the 
     individual.

     SEC. 5. CHANGE IN PRESUMPTION FOR FINDING OF CANCER.

       Section 3623(b) of the Energy Employees Occupational 
     Compensation Program Act of 2000 (42 U.S.C. 7384n(b)) is 
     amended by striking ``if, and only if, the cancer specified 
     in that subclause was at least as likely as not related to'' 
     and inserting ``, unless it is determined, by clear and 
     convincing evidence, that such cancer was not sustained as a 
     result of''.

     SEC. 6. DISTRIBUTION OF INFORMATION TO CLAIMANTS AND 
                   POTENTIAL CLAIMANTS.

       (a) Independent Physicians for Performance of Medical and 
     Impairment Screenings.--Section 3631(b)(2) of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7384v(b)(2)) is amended--
       (1) in subparagraph (A), by striking ``; and'' and 
     inserting a semicolon;
       (2) by redesignating subparagraph (B) as subparagraph (C); 
     and
       (3) by inserting after subparagraph (A) the following:
       ``(B) lists that contain descriptions of physicians who 
     are--
       ``(i) qualified to perform medical and impairment 
     screenings on matters relating to the compensation program; 
     and
       ``(ii) identified for purposes of this subparagraph by 1 or 
     more independent medical associations, institutions of higher 
     education, or both that are selected by the President for 
     purposes of this subparagraph; and''.

[[Page S4084]]

       (b) Notice of Available Benefits.--Section 3631 of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 (42 U.S.C. 7384v) (as amended by subsection (a)) 
     is amended by adding at the end the following:
       ``(d) Notice to Claimants Regarding Available Benefits.--
     The President shall provide to an individual who files a 
     claim for compensation under this subtitle or subtitle E a 
     written notice that contains a description of the benefits 
     for which the individual may be eligible under this Act.''.

     SEC. 7. ENHANCEMENT OF SITE PROFILES OF DEPARTMENT OF ENERGY 
                   FACILITIES.

       (a) Inclusion of Trade Names of Chemicals in Site 
     Profiles.--Section 3633 of the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (42 U.S.C. 7384w-1) 
     is amended by striking subsection (c) and inserting the 
     following:
       ``(c) Definition of Site Profile.--In this section, the 
     term `site profile' means an exposure assessment of a 
     facility that--
       ``(1) identifies the toxic substances or processes that 
     were commonly used in each building or process of the 
     facility, and the time frame during which the potential for 
     exposure to toxic substances existed; and
       ``(2) includes the trade name (if any) of any substance 
     described in paragraph (1).''.
       (b) Public Access to Site Profiles and Related 
     Information.--Section 3633 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384w-1) (as amended by subsection (a)) is amended by 
     adding at the end the following:
       ``(e) Public Access to Site Profiles and Related 
     Information.--The Secretary of Labor shall make available to 
     the public--
       ``(1) each site profile prepared under subsection (a);
       ``(2) any other database used by the Secretary of Energy to 
     evaluate claims for compensation under this Act; and
       ``(3) statistical data regarding the number of claims 
     filed, the illnesses claimed, the number of claims filed for 
     each illness, the number of claimants receiving compensation, 
     and the length of time required to process each claim, as 
     measured from the date on which the claim is filed to the 
     final disposition of the claim.''.

     SEC. 8. CLARIFICATION OF COVERED ILLNESSES.

       (a) Definition of Covered Illness.--Section 3671 of the 
     Energy Employees Occupational Compensation Program Act of 
     2000 (42 U.S.C. 7385s) is amended by striking paragraph (2) 
     and inserting the following:
       ``(2) Covered illness.--The term `covered illness' means an 
     illness or death resulting from exposure to a toxic 
     substance, including--
       ``(A) all forms of cancer;
       ``(B) silicosis;
       ``(C) asbestosis;
       ``(D) mesothelioma;
       ``(E) lung fibrosis;
       ``(F) chronic obstructive pulmonary disease;
       ``(G) chronic renal insufficiency;
       ``(H) peripheral neuropathy;
       ``(I) chronic encepathalopathy;
       ``(J) occupational asthma; and
       ``(K) pneumoconiosis.''.
       (b) Reapplication.--A claim for which an individual 
     qualifies, by reason of section 3671(2) of the Energy 
     Employees Occupational Compensation Program Act of 2000 (42 
     U.S.C. 7385s(2)) (as amended by subsection (a)), for 
     compensation or benefits under that Act (42 U.S.C. 7384 et 
     seq.) shall be considered for compensation or benefits 
     notwithstanding any denial of any other claim for 
     compensation with respect to the individual.

     SEC. 9. PAYMENT OF COMPENSATION TO SURVIVORS AND ESTATES OF 
                   CONTRACTOR EMPLOYEES.

       Section 3672 of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7385s-1) is 
     amended to read as follows:

     ``SEC. 3672. COMPENSATION.

       ``(a) Contractor Employees; Survivors.--
       ``(1) Contractor employees.--
       ``(A) In general.--In accordance with section 3673, a 
     covered contractor employee of the Department of Energy shall 
     receive contractor employee compensation under this subtitle.
       ``(B) Compensation after death of contractor employee.--
     Except as provided in paragraph (2)(B), if the death of a 
     contractor employee described in subparagraph (A) occurs 
     after the date on which the contractor employee applies for 
     compensation under this subtitle, but before the date on 
     which such compensation is paid, the amount of compensation 
     that the contractor employee would have received under this 
     paragraph shall be paid to--
       ``(i) a survivor of the contractor employee in accordance 
     with section 3674; or
       ``(ii) if, as of the date of the death of the contractor 
     employee, no survivor of the contractor employee exists, the 
     estate of the contractor employee.
       ``(2) Survivors.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a survivor of a covered contractor employee of the Department 
     of Energy shall receive contractor employee compensation 
     under this subtitle in accordance with section 3674.
       ``(B) Election of contractor employee compensation or 
     survivor compensation.--A survivor of a contractor employee 
     described in subparagraph (A) who is otherwise eligible to 
     receive compensation pursuant to subparagraph (A) and 
     paragraph (1)(B) shall--
       ``(i) receive compensation pursuant to subparagraph (A) or 
     paragraph (1)(B), as elected by the survivor of the 
     contractor employee; and
       ``(ii) not receive compensation pursuant to both 
     subparagraph (A) and paragraph (1)(B).
       ``(b) Applicability.--Subsection (a) is subject to each 
     other provision of this subtitle.''.

     SEC. 10. WAGE LOSS RESULTING FROM EXPOSURE.

       Section 3673(a)(2)(A)(i) of the Energy Employees 
     Occupational Compensation Program Act of 2000 (42 U.S.C. 
     7385s-2(a)(2)(A)(i)) is amended by inserting ``that 
     contributed to the wage loss of the employee'' after ``that 
     employee''.

     SEC. 11. EXPANSION OF TOXIC SUBSTANCE EXPOSURE FOR COVERED 
                   ILLNESSES.

       Section 3675(c)(1) of the Energy Employees Occupational 
     Compensation Program Act of 2000 (42 U.S.C. 7385s-4(c)(1)) is 
     amended--
       (1) in subparagraph (A), by inserting ``(including 
     radiation or a combination of a toxic substance, including 
     heavy metals, and radiation)'' after ``toxic substance''; and
       (2) in subparagraph (B), by inserting ``(including 
     radiation or a combination of a toxic substance and 
     radiation)'' after ``toxic substance''.

     SEC. 12. EXTENSION OF STATUTE OF LIMITATIONS FOR JUDICIAL 
                   REVIEW OF CONTRACTOR EMPLOYEE CLAIMS.

       Section 3677(a) of the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
     6(a)) is amended, in the first sentence, by striking ``within 
     60 days'' and inserting ``not later than 1 year''.

     SEC. 13. EXPANSION OF AUTHORITY OF OMBUDSMAN OF ENERGY 
                   EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
                   PROGRAM.

       Section 3686 of the Energy Employees Occupational Illness 
     Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is 
     amended--
       (1) by striking subsection (c) and inserting the following:
       ``(c) Duties.--The Office shall--
       ``(1) assist individuals in making claims under this 
     subtitle and subtitle B;
       ``(2) provide information regarding--
       ``(A) the benefits available under this subtitle and 
     subtitle B; and
       ``(B) the requirements and procedures applicable to the 
     provision of the benefits described in subparagraph (A);
       ``(3) function as an advocate on behalf of individuals 
     seeking benefits under this subtitle and subtitle B;
       ``(4) make recommendations to the Secretary regarding the 
     location of centers (to be known as `resource centers') for 
     the acceptance and development of claims for benefits under 
     this subtitle and subtitle B; and
       ``(5) carry out such other duties as the Secretary may 
     require.'';
       (2) in subsection (d), by inserting ``and subtitle B'' 
     after ``this subtitle'';
       (3) in subsection (e), by inserting ``and subtitle B'' 
     after ``this subtitle'' each place it appears; and
       (4) by striking subsection (g) and inserting the following:
       ``(g) Contract Authority.--The Ombudsman may enter into 1 
     or more service contracts with individuals who possess 
     expertise in any matter that the Ombudsman considers 
     appropriate for the performance of the duties of the Office, 
     including matters relating to health physics, medicine, 
     industrial hygiene, and toxicology.''.

     SEC. 14. PAYMENT FOR TRANSPORTATION AND PERSONAL CARE 
                   SERVICES.

       (a) Definition of Covered Individual.--In this section, the 
     term ``covered individual'' means an individual who receives 
     medical benefits under section 3629(a) of the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7384t(a)).
       (b) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of Labor shall 
     promulgate regulations to provide for the direct payment to 
     providers of the costs to covered individuals of--
       (1) personal care services (as that term is used in section 
     30.403 of title 20, Code of Federal Regulations (as in effect 
     on the day before the date of enactment of this Act)) 
     authorized pursuant to section 3629 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384t); and
       (2) necessary and reasonable transportation expenses 
     incident to securing medical services, appliances, or 
     supplies pursuant to section 3629(c) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384t(c)).

     SEC. 15. ENHANCEMENT OF TRANSPARENCY IN CLAIMS PROCESS.

       (a) Information Provided on Denial of Claim; Requirements 
     Relating to Correspondence.--Not later than 90 days after the 
     date of enactment of this Act, the President shall promulgate 
     regulations to ensure that--
       (1) any notification to an individual making a claim under 
     the Energy Employees Occupational Illness Compensation 
     Program Act of 2000 (42 U.S.C. 7384 et seq.) that the claim 
     of the individual has been denied, and all other 
     correspondence with the individual relating to the claim, are 
     written in language that is clear, concise, and easily 
     understandable; and

[[Page S4085]]

       (2) any notification described in paragraph (1) contains--
       (A) an explanation of each reason for the denial of the 
     claim described in that paragraph; and
       (B) a description of the information, if any, that the 
     individual could have submitted that could have resulted in 
     approval of the claim.
       (b) Document Retention.--Not later than 90 days after the 
     date of enactment of this Act, the Secretary of Labor and the 
     Secretary of Energy shall jointly promulgate regulations to 
     ensure that the Department of Labor and the Department of 
     Energy--
       (1) retain each original document in the possession of the 
     Department of Labor or the Department of Energy relating to a 
     facility under the jurisdiction of the Department of Energy 
     if--
       (A) any employee of the facility might reasonably be 
     expected to file a claim for compensation under the Energy 
     Employees Occupational Illness Compensation Program Act of 
     2000 (42 U.S.C. 7384 et seq.); and
       (B) the document might reasonably be expected to be used by 
     any employee described in subparagraph (A) in making a claim 
     for compensation under the Energy Employees Occupational 
     Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et 
     seq.); and
       (2) provide each employee described in paragraph (1)(A) 
     with access to each document described in that paragraph.

     SEC. 16. EXTENSION OF TIME FOR CLAIMANTS TO RESPOND TO 
                   REQUESTS FOR INFORMATION.

       If the Secretary of Labor submits to an individual who has 
     filed a claim for compensation under the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384 et seq.) a request for information that relates 
     to the claim for compensation, the individual shall be 
     required to respond to the request by not earlier than 120 
     days after the date on which the individual receives the 
     request.

                          ____________________