[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 93 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 93
To amend the Federal Election Campaign Act of 1971 to require
disclosure of certain disbursements made for electioneering
communications, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 22, 2001
Ms. Snowe (for herself and Mr. Jeffords) introduced the following bill;
which was read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to require
disclosure of certain disbursements made for electioneering
communications, 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 ``Advancing Truth and Accountability
in Campaign Communications Act of 2001''.
SEC. 2. 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:
``(e) Additional Statements on Electioneering Communications.--
``(1) Statement required.--Every 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--
``(i) the person making the disbursement;
``(ii) any entity sharing or exercising
direction or control over the activities of
such person; and
``(iii) 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 amount of each disbursement during the
period covered by the statement and the identification
of the person to whom the disbursement was made.
``(D) The elections to which the electioneering
communications pertain and the names (if known) of the
candidates identified or to be identified.
``(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 $500 or more to the organization or
any related 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 electioneering
communication 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.
``(3) Electioneering communication defined.--For purposes
of this subsection--
``(A) In general.--The term `electioneering
communication' means any broadcast from a television or
radio broadcast station that--
``(i) refers to a clearly identified
candidate for Federal office;
``(ii) is made (or scheduled to be made)
within--
``(I) 60 days before a general,
special, or runoff election for such
Federal office; or
``(II) 30 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 broadcast from a television or
radio broadcast station whose audience includes
the electorate for such election, convention,
or caucus.
``(B) Exceptions.--Such term shall not include--
``(i) communications appearing in a news
story, commentary, or editorial distributed
through the facilities of any broadcasting
station, unless such facilities are owned or
controlled by any political party, political
committee, or candidate; or
``(ii) communications which constitute
expenditures or independent expenditures under
this Act.
``(4) Disclosure date defined.--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. 3. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.
Section 315(a)(7)(B) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)(7)(B)) is amended by inserting after clause (ii) the
following:
``(iii) if--
``(I) any person makes, or
contracts to make, any payment for any
electioneering communication (as
defined in section 304(e)(3)); and
``(II) such payment is coordinated
with a candidate for Federal office or
an authorized committee of such
candidate, a Federal, State, or local
political party or committee thereof,
or an agent or official of any such
candidate, party, or committee,
such payment or contracting shall be treated as
a contribution to such candidate and as an
expenditure by such candidate; and''.
SEC. 4. PROHIBITION OF CORPORATE AND LABOR DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS.
(a) In General.--Section 316(b)(2) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 441b(b)(2)) is amended by inserting ``or for any
applicable electioneering communication'' before ``, but shall not
include''.
(b) Applicable Electioneering Communication.--Section 316 of such
Act is amended by adding at the end the following:
``(c) Rules Relating to Electioneering Communications.--
``(1) Applicable electioneering communication.--For
purposes of this section, the term `applicable electioneering
communication' means an electioneering communication (as
defined in section 304(e)(3)) that is made by--
``(A) any entity to which subsection (a) applies
other than a section 501(c)(4) organization; or
``(B) a section 501(c)(4) organization if such
communication is paid for using amounts derived from
the conduct of a trade or business or from an entity
described in subparagraph (A).
``(2) Special operating rules.--For purposes of paragraph
(1), the following rules shall apply:
``(A) An electioneering communication shall be
treated as made by an entity described in paragraph
(1)(A) if--
``(i) the entity described in paragraph
(1)(A) directly or indirectly disburses any
amount for any of the costs of the
communication; or
``(ii) any amount is disbursed for the
communication by a corporation or organization
or a State or local political party or
committee thereof that receives anything of
value from the entity described in paragraph
(1)(A), except that this clause shall not apply
to any communication the costs of which are
defrayed entirely out of a segregated account
to which only individuals can contribute.
``(B) A section 501(c)(4) organization that derives
amounts from business activities or from any entity
described in paragraph (1)(A) shall be considered to
have paid for any communication out of such amounts
unless such organization paid for the communication out
of a segregated account to which only individuals can
contribute.
``(3) Definitions and rules.--For purposes of this
subsection--
``(A) the term `section 501(c)(4) organization'
means--
``(i) an organization described in section
501(c)(4) of the Internal Revenue Code of 1986
and exempt from taxation under section 501(a)
of such Code; or
``(ii) an organization which has submitted
an application to the Internal Revenue Service
for determination of its status as an
organization described in clause (i); and
``(B) a person shall be treated as having made a
disbursement if the person has contracted to make the
disbursement.
``(4) Coordination with internal revenue code.--Nothing in
this subsection shall be construed to authorize an organization
exempt from taxation under section 501(a) of the Internal
Revenue Code of 1986 from carrying out any activity which is
prohibited under such Code.''.
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