[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5507 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5507

   To amend the Federal Election Campaign Act of 1971 to promote the 
  disclosure of information on the financing of campaigns for Federal 
                   elections, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 19, 2000

  Mr. Kasich introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee on 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Election Campaign Act of 1971 to promote the 
  disclosure of information on the financing of campaigns for Federal 
                   elections, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Informed Voter Act of 2000''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds as follows:
            (1) No aspect of the regulation of the financing of 
        political campaigns has engendered such widespread support as 
        the public disclosure of the money raised and spent to 
        influence Federal elections.
            (2) The timely disclosure of all monies raised and spent to 
        influence Federal elections is the least restrictive means of 
        furthering the substantial government interest of informing the 
        electorate and preventing corruption and the appearance of 
        corruption.
            (3) During 1996 and subsequent election years, hundreds of 
        millions of dollars which were never required to be disclosed 
        are estimated to have been spent to influence Federal 
        elections.
            (4) The growing popularity of methods to influence Federal 
        elections outside of the framework of the Federal Election 
        Campaign Act of 1971 has increasingly threatened to undermine 
        the Act's preeminent goal of ensuring that the public is able 
        to track the flow of money raised and spent in the political 
        process.
    (b) Purpose.--It is the purpose of this Act to bring into the 
openness of public visibility in a full and timely manner all financial 
activities carried out by interest groups, political parties, 
candidates, and elected officials which are aimed at directly or 
indirectly influencing Federal elections.

SEC. 3. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.

    Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
434) is amended by adding at the end the following new subsection:
    ``(d) Additional Statements on Electioneering Communications.--
            ``(1) Statement required.--Each person who makes a 
        disbursement for electioneering communications in an aggregate 
        amount in excess of $10,000 during any calendar year shall, 
        within 24 hours of each disclosure date, file with the 
        Commission a statement containing the information described in 
        paragraph (2).
            ``(2) Contents of statement.--Each statement required to be 
        filed under this subsection shall be made under penalty of 
        perjury and shall contain the following information:
                    ``(A) The identification of the person making the 
                disbursement, of any entity sharing or exercising 
                direction or control over the activities of such 
                person, and of the custodian of the books and accounts 
                of the person making the disbursement.
                    ``(B) The State of incorporation and the principal 
                place of business of the person making the 
                disbursement.
                    ``(C) The elections to which the electioneering 
                communications pertain and the names (if known) of the 
                candidates identified or to be identified.
                    ``(D) The amount of each disbursement equal to or 
                greater than $500 made during the period covered by the 
                statement and the identification of the person to whom 
                the disbursement was made.
                    ``(E) If the disbursements were paid out of a 
                segregated account to which only individuals could 
                contribute, the names and addresses of all contributors 
                who contributed an aggregate amount of $500 or more to 
                that account during the period beginning on the first 
                day of the preceding calendar year and ending on the 
                disclosure date.
                    ``(F) If the disbursements were paid out of funds 
                not described in subparagraph (E), the names and 
                addresses of all contributors who contributed an 
                aggregate amount of $1,000 or more to the organization 
                or any related entity (other than any amount paid for 
                bona fide dues charged for membership with the 
                organization or entity) during the period beginning on 
                the first day of the preceding calendar year and ending 
                on the disclosure date.
                    ``(G) Whether or not any of the electioneering 
                communications involved is made in coordination, 
                cooperation, consultation, or concert with, or at the 
                request or suggestion of, any candidate or any 
                authorized committee, any political party or committee, 
                or any agent of the candidate, political party, or 
                committee and if so, the identification of any 
                candidate, party, committee, or agent involved.
                    ``(H) The text of each of the electioneering 
                communications involved.
            ``(3) Electioneering communication.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `electioneering 
                communication' means any public communication 
                disseminated through mass media which--
                            ``(i) refers to a clearly identified 
                        candidate for Federal office (including an 
                        individual who has formed an exploratory 
                        committee for such an election) by name, image, 
                        or likeness, or which refers to the political 
                        party of such candidate or individual;
                            ``(ii) is made (or scheduled to be made) 
                        within--
                                    ``(I) 90 days before a general, 
                                special, or runoff election for such 
                                Federal office, or
                                    ``(II) 60 days before a primary or 
                                preference election, or a convention or 
                                caucus of a political party that has 
                                authority to nominate a candidate, for 
                                such Federal office, and
                            ``(iii) is disseminated to an audience 
                        which includes the electorate for such 
                        election, convention, or caucus (or any portion 
                        thereof).
                    ``(B) Exceptions.--Such term does not include any 
                of the following communications:
                            ``(i) Any communication appearing in a news 
                        story, commentary, or editorial distributed 
                        through the facilities of any broadcasting 
                        station, newspaper, magazine, or other 
                        periodical publication, unless such facilities 
                        are owned or controlled by any political party, 
                        political committee, or candidate.
                            ``(ii) Any communication designed to 
                        encourage individuals to register to vote.
                            ``(iii) Any voter guide presenting the 
                        views or voting record of a candidate in a 
                        manner which does not refer to or provide any 
                        linkage with the sponsor's views.
                    ``(C) Mass media defined.--In this paragraph, the 
                term `mass media' means radio, television, newspapers 
                or other periodicals of general circulation, billboards 
                or other general public advertisements, direct mailing 
                or phone bank to an audience of 500 or more, or the 
                Internet.
            ``(4) Disclosure date.--For purposes of this subsection, 
        the term `disclosure date' means--
                    ``(A) the first date during any calendar year by 
                which a person has made disbursements for 
                electioneering communications aggregating in excess of 
                $10,000; and
                    ``(B) any other date during such calendar year by 
                which a person has made disbursements for 
                electioneering communications aggregating in excess of 
                $10,000 since the most recent disclosure date for such 
                calendar year.
            ``(5) Contracts to disburse.--For purposes of this 
        subsection, a person shall be treated as having made a 
        disbursement if the person has contracted to make the 
        disbursement.
            ``(6) Coordination with other requirements.--Any 
        requirement to report under this subsection shall be in 
        addition to any other reporting requirement under this Act.''

SEC. 4. REQUIRING BROADCASTERS TO RETAIN AND MAKE AVAILABLE INFORMATION 
              ON SPONSORS OF CERTAIN POLITICAL COMMUNICATIONS.

    Section 317 of the Communications Act of 1934 (47 U.S.C. 317) is 
amended--
            (1) by striking ``radio station'' each place it appears and 
        inserting ``broadcast station''; and
            (2) by adding at the end of subsection (a) the following 
        new paragraph:
    ``(3)(A) Each person who provides a broadcast station with any 
communication described in subparagraph (E) for broadcast shall provide 
the station with the following information:
            ``(i) If the person is an entity with officers or 
        directors, the name, address, and daytime telephone number of 
        such officers or directors.
            ``(ii) If the person is an entity without officers or 
        directors, the name, address, and daytime telephone number of 
        any person responsible for the communication involved.
            ``(iii) The identification of each person who provided 
        funds to the person during the calendar year in an amount equal 
        to or greater than $1,000, together with the amount the person 
        provided.
    ``(B) In addition to any other records required to be kept under 
this subsection, each broadcast station which broadcasts any 
communication described in subparagraph (E) shall--
            ``(i) retain the information provided to the station 
        pursuant to subparagraph (A);
            ``(ii) if the station has a site on the Internet, post such 
        information on the site;
            ``(iii) provide the information described in clause (i) or 
        clause (ii) of subparagraph (A) upon request to any person by 
        telephone, electronic mail, or facsimile device; and
            ``(iv) in addition to the methods described in clauses (ii) 
        and (iii), make the information provided to the station 
        pursuant to subparagraph (A) available for public inspection 
        through such other methods as the station considers 
        appropriate.
    ``(C)(i) In addition to any other announcements required to be made 
under this subsection, each communication described in subparagraph (E) 
shall include, in a clearly spoken manner, the following statement: 
`________________ is responsible for the content of this 
advertisement.' (with the blank to be filled in with the name of each 
person responsible for the communication). If transmitted through 
television, the statement shall also appear in a clearly readable 
manner with a reasonable degree of color contrast between the 
background and the printed statement, for a period of at least 4 
seconds.
    ``(ii) For purposes of clause (i)--
            ``(I) the person who provides the broadcast station with 
        the communication shall be deemed to be a person responsible 
        for the communication; and
            ``(II) if 3 or fewer persons provided a portion of the 
        funds used for the communication equal to or greater than 90 
        percent of the total amount used, each such person shall be 
        deemed to be a person responsible for the communication.
    ``(D)(i) Any person who violates subparagraph (A) or subparagraph 
(C) shall be subject to a civil money penalty of not more than $5,000 
or the aggregate amount spent on the communication involved (whichever 
is greater) for each such violation.
    ``(ii) Any person who knowingly and willfully violates subparagraph 
(A) or subparagraph (C) shall be subject to a civil money penalty of 
not more than $10,000 or 200 percent of the aggregate amount spent on 
the communication involved (whichever is greater) for each such 
violation.
    ``(iii) The Commission may refer a knowing and willful violation of 
subparagraph (A) or subparagraph (C) to the Attorney General, who may 
bring a criminal action against the person involved. If the person is 
convicted in any such action, the person shall be fined not more than 
$25,000 or 300 percent of the aggregate amount spent on the 
communication involved (whichever is greater) for each such violation, 
imprisoned for not more than one year, or both.
    ``(E)(i) A communication described in this subparagraph is any 
communication which mentions a clearly identified candidate for 
election for Federal office (including any individual who has formed an 
exploratory committee for such election) or the political party of such 
a candidate, or which contains the likeness of such a candidate, (other 
than a payment which would be described in clause (i), (iii), or (v) of 
section 301(9)(B) of the Federal Election Campaign Act of 1971 if the 
payment were an expenditure under such section).
    ``(ii) In clause (i), the term `Federal office' has the meaning 
given such term in section 301(3) of the Federal Election Campaign Act 
of 1971.
    ``(F) This paragraph does not apply with respect to a communication 
if (prior to spending funds on the communication) the person providing 
the communication to the broadcast station has not spent an aggregate 
amount or value of $10,000 or more on all such communications during 
the calendar year involved.
    ``(G) This paragraph shall apply with respect to a video programmer 
and a multi-channel video program distributor in the same manner as it 
applies to a broadcast station.''.

SEC. 5. DISCLOSURE OF CERTAIN EXEMPT ACTIVITY BY CORPORATIONS AND LABOR 
              ORGANIZATIONS.

    (a) Statements of Disbursements for Exempt Activities.--
            (1) In general.--Section 316 of the Federal Election 
        Campaign Act of 1971 (2 U.S.C. 441b) is amended by adding at 
        the end the following new subsection:
    ``(c)(1) Each corporation and labor organization which makes an 
aggregate amount of disbursements in excess of $50,000 during a 
calendar year for activities described in subparagraphs (A), (B), and 
(C) of subsection (b)(2) (except as provided in paragraph (3)) shall 
file a statement with the Commission containing the following 
information with respect to the reporting period involved:
                    ``(A) The aggregate amount of disbursements made.
                    ``(B) The name and address of the person or entity 
                to whom a disbursement is made in an aggregate amount 
                in excess of $200.
                    ``(C) The date made, amount, and purpose of the 
                disbursement.
                    ``(D) If applicable, whether the disbursement was 
                in support of, or in opposition to, a candidate or a 
                political party, and the name of the candidate or the 
                political party.
                    ``(E) Such other information regarding the 
                disbursements as the Commission may prescribe.
    ``(2) The statements required to be filed under this subsection 
shall be filed--
                    ``(A) on a monthly basis as described in section 
                304(a)(4)(B); or
                    ``(B) in the case of disbursements which are made 
                within 20 days of an election, within 48 hours after 
                the disbursements are made.
    ``(3) For purposes of this subsection, the activities described in 
subparagraph (A) do not include any activity with respect to a 
communication which does not contain an expression of support for or 
opposition to a candidate for Federal office or a political party.''.
            (2) Conforming amendment.--Section 301(9)(B)(iii) of such 
        Act (2 U.S.C. 431(9)(B)(iii)) is amended by striking ``, except 
        that'' and all that follows through ``general election''.
    (b) Disclosure of Federal Political Activity to Members and 
Shareholders.--Section 316 of such Act (2 U.S.C. 441b), as amended by 
subsection (a), is further amended by adding at the end the following 
new subsection:
    ``(d)(1) Not later than 60 days after the end of each calendar 
year, each labor organization described in this section shall provide 
each of its members and each other person who pays dues to the 
organization with a notice containing the aggregate amount of 
disbursements made by the organization for Federal political activities 
during the year.
    ``(2) Not later than 60 days after the end of each calendar year, 
each corporation described in this section shall provide each of its 
shareholders with a notice containing the aggregate amount of 
disbursements made by the corporation for Federal political activities 
during the year.
    ``(3) In this subsection, the term `Federal political activity' 
means any activity carried out for the purpose of influencing (in whole 
or in part) any election for Federal office, influencing the 
consideration or outcome of any Federal legislation or the issuance or 
outcome of any Federal regulations, or educating individuals about 
candidates for election for Federal office or any Federal legislation, 
law, or regulations.''.

SEC. 6. DISCLOSURE BY STATE PARTIES OF INFORMATION REPORTED UNDER STATE 
              OR LOCAL LAW.

    Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
434), as amended by section 3, is further amended by adding at the end 
the following new subsection:
    ``(e) If a political committee of a State political party is 
required under a State or local law, rule, or regulation to submit a 
report on its disbursements to an entity of the State or local 
government, the committee shall file a copy of the report with the 
Commission at the time it submits the report to such an entity.''.

SEC. 7. DISCLOSURE OF RECEIPTS AND DISBURSEMENTS FROM NONFEDERAL 
              ACCOUNTS OF FEDERAL COMMITTEES AND CANDIDATES.

    (a) Reporting of Receipts and Disbursements For Nonfederal 
Activities.--Section 304(b) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 434(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (7);
            (2) by striking the period at the end of paragraph (8) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(9) in the case of a political committee other than an 
        authorized committee, for both the reporting period and the 
        calendar year, the receipts and disbursements of any account of 
        the committee whose funds are used for purposes which are not 
        otherwise subject to the limitations, prohibitions, and 
        reporting requirements of this Act; and
            ``(10) in the case of an authorized committee of a 
        candidate for Federal office, for both the reporting period and 
        the election cycle--
                    ``(A) the receipts and disbursements of any 
                accounts of the committee whose funds are used for 
                purposes which are not otherwise subject to the 
                limitations, prohibitions, and reporting requirements 
                of this Act, and
                    ``(B) the receipts and disbursements of any 
                organization under the direction or control of the 
                committee or of the candidate or officeholder the 
                committee supports which provides financial or other 
                support for any Federal, State, or local political 
                party, for any candidate for election for State or 
                local office, or for the dissemination of any 
                electioneering communication (as defined in section 
                304(d)(3)).''.
    (b) Information on Statement of Organization.--Section 303(b) of 
such Act (2 U.S.C. 433(b)) is amended--
            (1) in paragraph (2), by striking the semicolon at the end 
        and inserting the following: ``, including any organization 
        under the direction or control of the committee or of the 
        candidate or officeholder the committee supports which provides 
        financial or other support for any Federal, State, or local 
        political party, for any candidate for election for State or 
        local office, or for the dissemination of any electioneering 
        communication (as defined in section 304(d)(3));''; and
            (2) in paragraph (3), by striking the semicolon at the end 
        and inserting the following: ``, together with a description 
        (including the name, address, and position of the custodian) of 
        any accounts of the committee whose funds are not otherwise 
        subject to the limitations, prohibitions, and reporting 
        requirements of this Act;''.

SEC. 8. DISCLOSURE AND REPORTS OF PUSH POLLS AND PHONE BANKS.

    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 new section:

``disclosure and reports relating to polling by telephone or electronic 
                                 device

    ``Sec. 323. (a) In General.--Any person who conducts a Federal 
election poll by telephone or electronic device shall disclose to each 
respondent the identity of the person paying the expenses of the poll. 
The disclosure shall be made at the end of the interview involved.
    ``(b) Reports.--In the case of any Federal election poll by 
telephone or electronic device--
            ``(1) if the results are not to be made public, the person 
        who conducts the poll shall report to the Commission the total 
        cost of the poll and all sources of funds for the poll; and
            ``(2) the person who conducts the poll shall report to the 
        Commission the total number of households contacted and include 
        with such report a copy of the poll questions.
    ``(c) Definition.--As used in this section, the term `Federal 
election poll' means a survey--
            ``(1) in which the respondent is asked to state a 
        preference in a future election for Federal office; and
            ``(2) in which more than 500 households are surveyed.''.

SEC. 9. RECORD KEEPING AND REPORTING OF SECONDARY PAYMENTS.

    (a) Reporting.--Section 304(b)(5)(A) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 434(b)(5)(A)) is amended by striking the 
semicolon at the end and inserting the following: ``, and, if such 
person in turn makes expenditures which aggregate $5,000 or more in an 
election cycle to other persons (not including employees) who provide 
goods or services to the candidate or the candidate's authorized 
committees, the name and address of such other persons, together with 
the date, amount, and purpose of such expenditures;''.
    (b) Record Keeping.--Section 302 of such Act (2 U.S.C. 432) is 
amended by adding at the end the following new subsection:
    ``(j) A person described in section 304(b)(5)(A) who makes 
expenditures which aggregate $5,000 or more in an election cycle to 
other persons (not including employees) who provide goods or services 
to a candidate or a candidate's authorized committees shall provide to 
a political committee the information necessary to enable the committee 
to report the information described in such section.''.
    (c) No Effect on Other Reports.--Nothing in the amendments made by 
this section may be construed to affect the terms of any other 
recordkeeping or reporting requirements applicable to candidates or 
political committees under title III of the Federal Election Campaign 
Act of 1971.

SEC. 10. 48-HOUR DEADLINE FOR DISCLOSURE OF CONTRIBUTIONS RECEIVED 
              DURING 90-DAY PERIOD PRECEDING GENERAL ELECTION.

    Section 304(a) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 434(a)) is amended by adding at the end the following new 
paragraph:
    ``(12)(A) Notwithstanding any other provision of this Act, each 
political committee which receives a contribution in an amount equal to 
or greater than $500 during the period which begins on the 90th day 
before a general election for Federal office and ends at the time the 
polls close for such election (determined without regard to any day 
preceding the primary election, convention, or caucus for the selection 
of the candidates for such general election) shall, with respect to any 
information required to be filed with the Commission under this section 
with respect to such contribution, file and preserve the information 
using electronic mail, the Internet, or such other method of 
instantaneous transmission as the Commission may permit, and shall file 
the information within 48 hours after the receipt of the contribution.
    ``(B) The Commission shall make the information filed under this 
paragraph available on the Internet immediately upon receipt.''.

SEC. 11. IDENTIFICATION OF REGISTERED LOBBYISTS AND FOREIGN AGENTS.

    Section 301(13)(A) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 431(13)(A)) is amended by inserting after ``employer'' the 
following: ``and a statement as to whether the individual is registered 
as a lobbyist under the Lobbying Disclosure Act of 1995 or registered 
as the agent of a foreign principal under the Foreign Agents 
Registration Act of 1938''.

SEC. 12. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
elections occurring after December 31, 2000.
                                 <all>