(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
527 Reform Act of 2005 - (Sec. 2) Amends the Federal Election Campaign Act of 1971 to include in the definition of political committee any applicable 527 organization. (Thus subjects such organizations to the requirements of the Act. A 527 organization, as defined by section 527 of the Internal Revenue Code, is an organization, not controlled by or involving a particular candidate for office, whose function is to influence or attempt to influence the selection, nomination, election, or appointment of any individual to any federal, state, or local public office or office in a political organization, or the election of presidential or vice-presidential electors, whether or not such individual or electors are selected, nominated, elected, or appointed.)
Excludes from the definition of 527 organizations certain kinds of committees, clubs, associations, or other groups of persons (excepted organizations), unless such a group makes disbursements aggregating more than $1,000, and meets other specified criteria, with respect to candidates for federal office.
(Sec. 3) Sets forth rules for allocation and funding for certain expenses relating to federal and non-federal activities.
(Sec. 4) Amends the Communications Act of 1934 to prohibit the charges made for the use of any television broadcast station, or by a cable or satellite television service provider, to any legally qualified candidate for public office, or by a national committee of a political party on behalf of such a candidate, in connection with the campaign for such office, from exceeding the lowest charge (at any time during the 365-day period preceding the date of use) for pre-emptible use for the same period of time for the same period.
Provides that, notwithstanding such lowest unit charge requirement, a licensee shall not preempt the use of a broadcasting station by an eligible candidate or political committee of a political party who has purchased and paid for such use, except in circumstances beyond the licensee's control.
Directs the Federal Communications Commission (FCC), during the 45-day period preceding a primary election and the 60-day period preceding a general election, to conduct necessary audits to ensure that each broadcaster concerned to whom this paragraph applies is allocating television broadcast advertising time accordingly.
(Sec. 5) Amends the Federal Election Campaign Act of 1978 to exclude communications over the Internet from its coverage.
(Sec. 6) Increases limits for contributions by persons and multicandidate committees (PACs) to any candidate, his or her authorized political committee, or other political committee.
Raises from $5,000 to $7,500 the limit on aggregate contributions by an individual to a committee other than a political committee established and maintained by a State committee of a political party.
Raises the aggregate annual limits on PAC contributions from: (1) $5,000 to $7,500 for contributions to any candidate for federal election and his or her authorized political committees; (2) $15,000 to $25,000 for those to the political committees maintained by a national political party, which are not the authorized political committees of any candidate; and (3) $5,000 to $7,500 for those to any other political committee.
Revises requirements for the indexing of such limits.
Exempts from such contribution limits any transfers from Leadership PACs to national party committees.
Eliminates the number and frequency restrictions on solicitations by corporations and labor organizations.
Increases from $1,000 to $10,000 the threshold amounts of annual aggregate contributions any committee, club, association, or other group of persons, or any local committee of a political party must receive, and expenditures it must make, in order to be considered a political committee subject to the requirements and restrictions of the Act.
Increases from $5,000 to $10,000 the threshold amounts of annual aggregate contributions any local committee of a political party must receive, or exempt payments it may make, in order to be considered a political committee subject to the Act. Increases from $1,000 to $10,000 the threshold amounts of annual aggregate contributions a local committee may make without becoming subject to the Act.
(Sec. 9) Makes special rules for actions brought to challenge the constitutionality of any provision of this Act. Grants Members of Congress the right to intervene in such actions or bring actions themselves for declaratory or injunctive relief.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1053 Placed on Calendar Senate (PCS)]
Calendar No. 107
109th CONGRESS
1st Session
S. 1053
To amend the Federal Election Campaign Act of 1971 to clarify when
organizations described in section 527 of the Internal Revenue Code of
1986 must register as political committees, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 17, 2005
Mr. Lott, from the Committee on Rules and Administration, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to clarify when
organizations described in section 527 of the Internal Revenue Code of
1986 must register as political committees, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``527 Reform Act of 2005''.
SEC. 2. TREATMENT OF SECTION 527 ORGANIZATIONS.
(a) Definition of Political Committee.--Section 301(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)) is amended by
striking the period at the end of subparagraph (C) and inserting ``;
or'' and by adding at the end the following:
``(D) any applicable 527 organization.''.
(b) Definition of Applicable 527 Organization.--Section 301 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431) is amended by
adding at the end the following new paragraph:
``(27) Applicable 527 organization.--For purposes of
paragraph (4)(D)--
``(A) In general.--The term `applicable 527
organization' means a committee, club, association, or
group of persons that--
``(i) has given notice to the Secretary of
the Treasury under section 527(i) of the
Internal Revenue Code of 1986 that it is to be
treated as an organization described in section
527 of such Code, and
``(ii) is not described in subparagraph
(B).
``(B) Excepted organizations.--A committee, club,
association, or other group of persons described in
this subparagraph is--
``(i) an organization described in section
527(i)(5) of the Internal Revenue Code of 1986,
``(ii) an organization which is a
committee, club, association or other group of
persons that is organized, operated, and makes
disbursements exclusively for paying expenses
described in the last sentence of section
527(e)(2) of the Internal Revenue Code of 1986
or expenses of a newsletter fund described in
section 527(g) of such Code,
``(iii) an organization which is a
committee, club, association, or other group
that consists solely of candidates for State or
local office, individuals holding State or
local office, or any combination of either, but
only if the organization refers only to one or
more non-Federal candidates or applicable State
or local issues in all of its voter drive
activities and does not refer to a Federal
candidate or a political party in any of its
voter drive activities,
``(iv) an organization which is a
committee, club, association, or other group of
persons--
``(I) the election or nomination
activities of which relate exclusively
to any voter drive activity described
in subparagraphs (A) through (D) of
section 325(d)(1),
``(II) the public communications of
which relate exclusively to activities
described in subparagraphs (A) through
(D) of section 325(d)(1), and
``(III) which does not engage in
any broadcast, cable, or satellite
communications, or
``(v) an organization described in
subparagraph (C).
``(C) Applicable organization.--For purposes of
subparagraph (B)(v), an organization described in this
subparagraph is a committee, club, association, or
other group of persons whose election or nomination
activities relate exclusively to--
``(i) elections where no candidate for
Federal office appears on the ballot; or
``(ii) one or more of the following
purposes:
``(I) Influencing the selection,
nomination, election, or appointment of
one or more candidates to non-Federal
offices.
``(II) Influencing one or more
applicable State or local issues.
``(III) Influencing the selection,
appointment, nomination, or
confirmation of one or more individuals
to non-elected offices.
``(D) Exclusivity test.--A committee, club,
association, or other group of persons shall not be
treated as meeting the exclusivity requirement of
subparagraphs (B)(iv) and (C) if it makes disbursements
aggregating more than $1,000 for any of the following:
``(i) A public communication that promotes,
supports, attacks, or opposes a clearly
identified candidate for Federal office during
the 1-year period ending on the date of the
general election for the office sought by the
clearly identified candidate (but if a run-off
election is held for that office, the 1-year
period shall be extended and shall end on the
date of the run-off election).
``(ii) Any voter drive activity during a
calendar year, except that no disbursements for
any voter drive activity shall be taken into
account under this subparagraph if the
committee, club, association, or other group of
persons during such calendar year--
``(I) makes disbursements for voter
drive activities with respect to
elections in only 1 State and complies
with all applicable election laws of
that State, including laws related to
registration and reporting requirements
and contribution limitations;
``(II) refers to one or more non-
Federal candidates or applicable State
or local issues in all of its voter
drive activities and does not refer to
a Federal candidate or a political
party;
``(III) does not have a candidate
for Federal office, an individual who
holds any Federal office, a national
political party, or an agent of any of
the foregoing, control or materially
participate in the direction of the
organization, solicit contributions to
the organization (other than funds
which are described under clauses (i)
and (ii) of section 323(e)(1)(B)), or
direct disbursements, in whole or in
part, by the organization; and
``(IV) makes no contributions to
Federal candidates.
Clause (ii) shall not apply to disbursements by any
committee, club, or association, or other group of
persons described in subparagraph (B)(iv).
``(E) Voter drive activity.--For purposes of this
paragraph, the term `voter drive activity' has the
meaning given such term by section 325(d)(1).
``(F) Applicable state or local issue.--For
purposes of this paragraph, the term `applicable State
or local issue' means any State or local ballot
initiative, State or local referendum, State or local
constitutional amendment, State or local bond issue, or
other State or local ballot issue.
``(G) Reference to federal candidates.--For
purposes of this paragraph, any prohibition on a
reference to a Federal candidate shall not include any
reference described in section 325(d)(4).
``(H) Reference to political parties.--For purposes
of this paragraph, any prohibition on a reference to a
political party shall not include any reference
described in section 325(d)(5).''.
(c) Regulations.--The Federal Election Commission shall promulgate
regulations to implement this section not later than 60 days after the
date of enactment of this Act.
(d) Effective Date.--The amendments made by this section shall take
effect on the date which is 60 days after the date of enactment of this
Act.
SEC. 3. RULES FOR ALLOCATION OF EXPENSES BETWEEN FEDERAL AND NON-
FEDERAL ACTIVITIES.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the
following:
``SEC. 325. ALLOCATION AND FUNDING RULES FOR CERTAIN EXPENSES RELATING
TO FEDERAL AND NON-FEDERAL ACTIVITIES.
``(a) In General.--In the case of any disbursements by any
political committee that is a separate segregated fund or nonconnected
committee for which allocation rules are provided under subsection
(b)--
``(1) the disbursements shall be allocated between Federal
and non-Federal accounts in accordance with this section and
regulations prescribed by the Commission, and
``(2) in the case of disbursements allocated to non-Federal
accounts, may be paid only from a qualified non-Federal
account.
``(b) Costs To Be Allocated and Allocation Rules.--Disbursements by
any separate segregated fund or nonconnected committee, other than an
organization described in section 323(b)(1), for any of the following
categories of activity shall be allocated as follows:
``(1) 100 percent of the expenses for public communications
or voter drive activities that refer to one or more clearly
identified Federal candidates, but do not refer to any clearly
identified non-Federal candidates, shall be paid with funds
from a Federal account, without regard to whether the
communication refers to a political party.
``(2) At least 50 percent, or a greater percentage if the
Commission so determines by regulation, of the expenses for
public communications and voter drive activities that refer to
one or more clearly identified candidates for Federal office
and one or more clearly identified non-Federal candidates shall
be paid with funds from a Federal account, without regard to
whether the communication refers to a political party.
``(3) At least 50 percent, or a greater percentage if the
Commission so determines by regulation, of the expenses for
public communications or voter drive activities that refer to a
political party, but do not refer to any clearly identified
Federal or non-Federal candidate, shall be paid with funds from
a Federal account, except that this paragraph shall not apply
to communications or activities that relate exclusively to
elections where no candidate for Federal office appears on the
ballot.
``(4) At least 50 percent, or a greater percentage if the
Commission so determines by regulation, of the expenses for
public communications or voter drive activities that refer to a
political party and refer to one or more clearly identified
non-Federal candidates, but do not refer to any clearly
identified Federal candidates, shall be paid with funds from a
Federal account, except that this paragraph shall not apply to
communications or activities that relate exclusively to
elections where no candidate for Federal office appears on the
ballot.
``(5) Unless otherwise determined by the Commission in its
regulations, at least 50 percent of any administrative
expenses, including rent, utilities, office supplies, and
salaries not attributable to a clearly identified candidate,
shall be paid with funds from a Federal account, except that
for a separate segregated fund such expenses may be paid
instead by its connected organization.
``(6) At least 50 percent, or a greater percentage if the
Commission so determines by regulation, of the direct costs of
a fundraising program or event, including disbursements for
solicitation of funds and for planning and administration of
actual fundraising events, where Federal and non-Federal funds
are collected through such program or event shall be paid with
funds from a Federal account, except that for a separate
segregated fund such costs may be paid instead by its connected
organization. This paragraph shall not apply to any fundraising
solicitations or any other activity that constitutes a public
communication.
``(c) Qualified Non-Federal Account.--For purposes of this
section--
``(1) In general.--The term `qualified non-Federal account'
means an account which consists solely of amounts--
``(A) that, subject to the limitations of
paragraphs (2) and (3), are raised by the separate
segregated fund or nonconnected committee only from
individuals, and
``(B) with respect to which all requirements of
Federal, State, or local law (including any law
relating to contribution limits) are met.
``(2) Limitation on individual donations.--
``(A) In general.--A separate segregated fund or
nonconnected committee may not accept more than $25,000
in funds for its qualified non-Federal account from any
one individual in any calendar year.
``(B) Affiliation.--For purposes of this paragraph,
all qualified non-Federal accounts of separate
segregated funds or nonconnected committees which are
directly or indirectly established, financed,
maintained, or controlled by the same person or persons
shall be treated as one account.
``(3) Fundraising limitation.--
``(A) In general.--No donation to a qualified non-
Federal account may be solicited, received, directed,
transferred, or spent by or in the name of any person
described in subsection (a) or (e) of section 323.
``(B) Funds not treated as subject to act.--Except
as provided in subsection (a)(2) and this subsection,
any funds raised for a qualified non-Federal account in
accordance with the requirements of this section shall
not be considered funds subject to the limitations,
prohibitions, and reporting requirements of this Act
for any purpose (including for purposes of subsection
(a) or (e) of section 323 or subsection (d)(2) of this
section).
``(d) Definitions and Special Rules.--For purposes of this
section--
``(1) Voter drive activity.--The term `voter drive
activity' means any of the following activities conducted in
connection with an election in which a candidate for Federal
office appears on the ballot (regardless of whether a candidate
for State or local office also appears on the ballot):
``(A) Voter registration activity.
``(B) Voter identification.
``(C) Get-out-the-vote activity.
``(D) Generic campaign activity.
``(E) Any public communication related to
activities described in subparagraphs (A) through (D).
Such term shall not include any activity described in
subparagraph (A) or (B) of section 316(b)(2).
``(2) Federal account.--The term `Federal account' means an
account which consists solely of contributions subject to the
limitations, prohibitions, and reporting requirements of this
Act. Nothing in this section or in section 323(b)(2)(B)(iii)
shall be construed to infer that a limit other than the limit
under section 315(a)(1)(C) applies to contributions to the
account.
``(3) Nonconnected committee.--The term `nonconnected
committee' shall not include a political committee of a
political party.
``(4) Certain references to federal candidates not taken
into account.--A public communication or voter drive activity
shall not be treated as referring to any clearly identified
Federal candidate if the only reference is--
``(A) a reference, in connection with an election
for a non-Federal office, to a Federal candidate who is
also a candidate for such non-Federal office; or
``(B) a reference to the fact that a Federal
candidate has endorsed a non-Federal candidate or an
applicable State or local issue (as defined in section
301(27)(F)), including a reference that constitutes the
endorsement itself.
``(5) Certain references to political parties not taken
into account.--A public communication or voter drive activity
shall not be treated as referring to a political party if the
only reference is--
``(A) a reference to a political party for the
purpose of identifying a non-Federal candidate;
``(B) a reference to a political party for the
purpose of identifying the entity making the public
communication or carrying out the voter drive activity;
or
``(C) a reference to a political party in a manner
or context that does not reflect support for or
opposition to a Federal candidate or candidates and
does reflect support for or opposition to a State or
local candidate or candidates or an applicable State or
local issue.''.
(b) Reporting Requirements.--Section 304(e) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 434(e)) is amended by redesignating
paragraphs (3) and (4) as paragraphs (4) and (5), respectively, and by
inserting after paragraph (2) the following new paragraph:
``(3) Receipts and disbursements from qualified non-federal
accounts.--In addition to any other reporting requirement
applicable under this Act, a political committee to which
section 325(a) applies shall report all receipts and
disbursements from a qualified non-Federal account (as defined
in section 325(c)).''.
(c) Regulations.--The Federal Election Commission shall promulgate
regulations to implement the amendments made by this section not later
than 180 days after the date of enactment of this Act.
(d) Effective Date.--The amendments made by this section shall take
effect on the date which is 180 days after the date of enactment of
this Act.
SEC. 4. TELEVISION MEDIA RATES.
(a) Lowest Unit Charge.--Section 315 of the Communications Act of
1934 (47 U.S.C. 315) is amended by adding at the end the following:
``(f) Television Media Rates.--
``(1) Lowest unit charge.--Notwithstanding any other
provision of law, the charges made for the use of any
television broadcast station, or by a provider of cable or
satellite television service, to any person who is a legally
qualified candidate for any public office in connection with
the campaign of such candidate for nomination for election, or
election, to such office or by a national committee of a
political party on behalf of such candidate in connection with
such campaign, shall not exceed the lowest charge of the
station (at any time during the 365-day period preceding the
date of the use) for pre-emptible use thereof for the same
amount of time for the same period.
``(2) Preemption.--
``(A) In general.--Except as provided in
subparagraph (B), and notwithstanding the requirements
of paragraph (1), a licensee shall not preempt the use
of a broadcasting station by an eligible candidate or
political committee of a political party who has
purchased and paid for such use.
``(B) Circumstances beyond control of licensee.--If
a program to be broadcast by a broadcasting station is
preempted because of circumstances beyond the control
of the station, any candidate or party advertising spot
scheduled to be broadcast during that program shall be
treated in the same fashion as a comparable commercial
advertising spot.
``(3) Audits.--
``(A) In general.--During the 45-day period
preceding a primary election and the 60-day period
preceding a general election, the Commission shall
conduct such audits as it deems necessary to ensure
that each broadcaster to which this subsection applies
is allocating television broadcast advertising time in
accordance with this subsection and section 312.
``(B) Markets.--Each audit conducted under
subparagraph (A) shall cover the following markets:
``(i) At least 6 of the top 50 largest
designated market areas (as defined in section
122(j)(2)(C) of title 17, United States Code).
``(ii) At least 3 of the 51-100 largest
designated market areas (as so defined).
``(iii) At least 3 of the 101-150 largest
designated market areas (as so defined).
``(iv) At least 3 of the 151-210 largest
designated market areas (as so defined).
``(C) Broadcast stations.--Each audit conducted
under subparagraph (A) shall include each of the 3
largest television broadcast networks, 1 independent
network, and 1 cable network.''.
(b) Conforming Amendment.--Section 504 of the Bipartisan Campaign
Reform Act of 2002 (Public Law 107-155) is amended by striking ``315),
as amended by this Act, is amended by redesignating subsections (e) and
(f) as subsections (f) and (g), respectively, and'' and inserting
``315) is amended by''.
(c) Stylistic Amendments.--Section 315(c) the Communications Act of
1934 (47 U.S.C. 315(c)) is amended--
(1) by striking ``For purposes of this section--'' and
inserting ``In this section:'';
(2) in paragraph (1), by striking ``the'' and inserting
``Broadcasting station.--The''; and
(3) in paragraph (2), by striking ``the'' and inserting
``Licensee; station licensee.--The''.
SEC. 5. MODIFICATION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) In General.--Paragraph (22) of section 301 of the Federal
Election Campaign Act of 1971 (2 U.S.C. 431(22)) is amended by adding
at the end the following new sentence: ``Such term shall not include
communications over the Internet.''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 6. INCREASE IN CONTRIBUTION LIMITS FOR POLITICAL COMMITTEES.
(a) Increase in Political Committee Contribution Limits.--Section
315(a)(1)(C) of the Federal Election Campaign Act of 1971 (2 U.S.C.
441a(a)(1)(C)) is amended by striking ``$5,000'' and inserting
``$7,500''.
(b) Increase in Multicandidate Limits.--Section 315(a)(2) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(2)) is
amended--
(1) in subparagraph (A), by striking ``$5,000'' and
inserting ``$7,500'';
(2) in subparagraph (B), by striking ``$15,000'' and
inserting ``$25,000''; and
(3) in subparagraph (C), by striking ``$5,000'' and
inserting ``$7,500''.
(c) Indexing.--
(1) In general.--Section 315(c)(1)(B) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(c)(1)(B)) is
amended to read as follows:
``(B) Except as provided in subparagraph (C)--
``(i) in any calendar year after 2002--
``(I) a limitation established by
subsection (a)(1)(A), (a)(1)(B),
(a)(3), (b), (d), or (h) shall be
increased by the percent difference
determined under subparagraph (A);
``(II) each amount so increased
shall remain in effect for the calendar
year; and
``(III) if any amount after the
adjustment under subclause (I) is not a
multiple of $100, such amount shall be
rounded to the nearest multiple of
$100; and
``(ii) in any calendar year after 2006--
``(I) a limitation established by
subsection (a)(1)(C), (a)(1)(D), or
(a)(2) shall be increased by the
percent difference determined under
subparagraph (A);
``(II) each amount so increased
shall remain in effect for the calendar
year; and
``(III) if any amount after the
adjustment under subclause (I) is not a
multiple of $100, such amount shall be
rounded to the nearest multiple of
$100.''.
(2) Conforming amendments.--Section 315(c) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(c)) is amended--
(A) in paragraph (1)(C), by striking ``subsections
(a)(1)(A), (a)(1)(B), (a)(3),'' and inserting
``subsections (a)''; and
(B) in paragraph (2)(B)--
(i) by striking ``and'' at the end of
clause (i);
(ii) by striking the period at the end of
clause (ii) and inserting ``; and''; and
(iii) by adding at the end the following
new clause:
``(iii) for purposes of subsections
(a)(1)(C), (a)(1)(D) and (a)(2), calendar year
2005.''.
(d) Special Rule for Transfers From Leadership PACs to National
Party Committees.--Paragraph (4) of section 315(a) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 441a(a)(4)) is amended--
(1) by inserting ``(A)'' before ``The limitations''; and
(2) by adding at the end the following:
``(B) The limitations on contributions contained in
paragraphs (1) and (2) do not apply to transfers
between any committee (other than an authorized
committee) established, financed, maintained, or
controlled by a candidate or an individual holding a
Federal office and political committees established and
maintained by a national political party.''.
(e) Elimination of Certain Restrictions on Solicitations by
Corporations and Labor Organizations.--
(1) Written solicitations.--Subparagraph (B) of section
316(b)(4) of the Federal Election Campaign Act of 1971 (2
U.S.C. 441b(b)(4)(B)) is amended--
(A) by striking ``2''; and
(B) by striking ``during the calendar year''.
(2) Prior approval of solicitation for trade
associations.--Subparagraph (D) of section 316(b)(4) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 441b(b)(4)(D))
is amended by striking ``to the extent that such solicitation''
and all that follows and inserting a period.
(f) Increase in Threshold for Political Committees.--
(1) In general.--Section 301(4)(A) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(4)(A)) is amended by
striking ``$1,000'' each place it appears and inserting
``$10,000''.
(2) Local committees.--
(A) Contributions received.--Section 301(4)(C) of
the Federal Election Campaign Act of 1971 (2 U.S.C.
431(4)(C)) is amended by striking ``$5,000'' each place
it appears and inserting ``$10,000''.
(B) Contributions made.--Section 301(4)(C) of the
Federal Election Campaign Act of 1971 (2 U.S.C.
431(4)(C)) is amended by striking ``$1,000'' each place
it appears and inserting ``$10,000''.
(g) Effective Date.--The amendments made by this section shall
apply to calendar years beginning after December 31, 2005.
SEC. 7. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
SEC. 8. CONSTRUCTION.
No provision of this Act, or amendment made by this Act, shall be
construed--
(1) as approving, ratifying, or endorsing a regulation
promulgated by the Federal Election Commission,
(2) as establishing, modifying, or otherwise affecting the
definition of political organization for purposes of the
Internal Revenue Code of 1986, or
(3) as affecting the determination of whether a group
organized under section 501(c) of the Internal Revenue Code of
1986 is a political committee under section 301(4) of the
Federal Election Campaign Act of 1971.
SEC. 9. JUDICIAL REVIEW.
(a) Special Rules for Actions Brought on Constitutional Grounds.--
If any action is brought for declaratory or injunctive relief to
challenge the constitutionality of any provision of this Act or any
amendment made by this Act, the following rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and shall be heard by a 3-
judge court convened pursuant to section 2284 of title 28,
United States Code.
(2) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(3) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(4) It shall be the duty of the United States District
Court for the District of Columbia and the Supreme Court of the
United States to advance on the docket and to expedite to the
greatest possible extent the disposition of the action and
appeal.
(b) Intervention by Members of Congress.--In any action in which
the constitutionality of any provision of this Act or any amendment
made by this Act is raised (including but not limited to an action
described in subsection (a)), any Member of the House of
Representatives (including a Delegate or Resident Commissioner to
Congress) or Senate shall have the right to intervene either in support
of or opposition to the position of a party to the case regarding the
constitutionality of the provision or amendment. To avoid duplication
of efforts and reduce the burdens placed on the parties to the action,
the court in any such action may make such orders as it considers
necessary, including orders to require intervenors taking similar
positions to file joint papers or to be represented by a single
attorney at oral argument.
(c) Challenge by Members of Congress.--Any Member of Congress may
bring an action, subject to the special rules described in subsection
(a), for declaratory or injunctive relief to challenge the
constitutionality of any provision of this Act or any amendment made by
this Act.
(d) Applicability.--
(1) Initial claims.--With respect to any action initially
filed on or before December 31, 2008, the provisions of
subsection (a) shall apply with respect to each action
described in such subsection.
(2) Subsequent actions.--With respect to any action
initially filed after December 31, 2008, the provisions of
subsection (a) shall not apply to any action described in such
subsection unless the person filing such action elects such
provisions to apply to the action.
Calendar No. 107
109th CONGRESS
1st Session
S. 1053
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to clarify when
organizations described in section 527 of the Internal Revenue Code of
1986 must register as political committees, and for other purposes.
_______________________________________________________________________
May 17, 2005
Read twice and placed on the calendar
Committee on Rules and Administration ordered to be reported an original measure in lieu of S. 271.
Introduced in Senate
Committee on Rules and Administration. Original measure reported to Senate by Senator Lott. Without written report.(text of measure as reported in Senate: CR S5321-5323)
Committee on Rules and Administration. Original measure reported to Senate by Senator Lott. Without written report. (text of measure as reported in Senate: CR S5321-5323)
Placed on Senate Legislative Calendar under General Orders. Calendar No. 107.
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