HR2356, Title II, Subtitle A, Section 201, (3) ELECTIONEERING COMMUNICATION-`(A) IN GENERAL --

 

 

 

H.R.2356

Bipartisan Campaign Reform Act of 2001 (Reported in the House)


TITLE II--NONCANDIDATE CAMPAIGN EXPENDITURES

Subtitle A--Electioneering Communications

SEC. 201. DISCLOSURE OF ELECTIONEERING COMMUNICATIONS.

(a) IN GENERAL- Section 304 of the Federal Election Campaign Act of 1971 (2 U.S.C. 434), as amended by section 103, is amended by adding at the end the following new subsection:

`(f) DISCLOSURE OF ELECTIONEERING COMMUNICATIONS-

`(1) STATEMENT REQUIRED- Every person who makes a disbursement for the direct costs of producing and airing 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 person 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 principal place of business of the person making the disbursement, if not an individual.

`(C) The amount of each disbursement of more than $200 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 bank account which consists of funds contributed solely by individuals who are United States citizens or nationals or lawfully admitted for permanent residence as defined in section 1101(a)(2) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(2)) directly to this account for electioneering communications, the

names and addresses of all contributors who contributed an aggregate amount of $1,000 or more to that account during the period beginning on the first day of the preceding calendar year and ending on the disclosure date. Nothing in this subparagraph is to be construed as a prohibition on the use of funds in such a segregated account for a purpose other than electioneering communications.

`(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 person making the disbursement during the period beginning on the first day of the preceding calendar year and ending on the disclosure date.

`(3) ELECTIONEERING COMMUNICATION- For purposes of this subsection--

`(A) IN GENERAL- (i) The term `electioneering communication' means any broadcast, cable, or satellite communication which--

`(I) refers to a clearly identified candidate for Federal office;

`(II) is made within--

`(aa) 60 days before a general, special, or runoff election for the office sought by the candidate; or

`(bb) 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 the office sought by the candidate; and

`(III) in the case of a communication which refers to a candidate for an office other than President or Vice President, is targeted to the relevant electorate.

`(ii) If clause (i) is held to be constitutionally insufficient by final judicial decision to support the regulation provided herein, then the term `electioneering communication' means any broadcast, cable, or satellite communication which promotes or supports a candidate for that office, or attacks or opposes a candidate for that office (regardless of whether the communication expressly advocates a vote for or against a candidate) and which also is suggestive of no plausible meaning other than an exhortation to vote for or against a specific candidate. Nothing in this subparagraph shall be construed to affect the interpretation or application of section 100.22(b) of title 11, Code of Federal Regulations.

`(B) EXCEPTIONS- The term `electioneering communication' does not include--

`(i) a communication 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;

`(ii) a communication which constitutes an expenditure or an independent expenditure under this Act;

`(iii) a communication which constitutes a candidate debate or forum conducted pursuant to regulations adopted by the Commission, or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum; or

`(iv) any other communication exempted under such regulations as the Commission may promulgate (consistent with the requirements of this paragraph) to ensure the appropriate implementation of this paragraph, except that under any such regulation a communication may not be exempted if it meets the requirements of this paragraph and is described in section 301(20)(A)(iii).

`(C) TARGETING TO RELEVANT ELECTORATE- For purposes of this paragraph, a communication which refers to a clearly identified candidate for Federal office is `targeted to the relevant electorate' if the communication can be received by 50,000 or more persons--

`(i) in the district the candidate seeks to represent, in the case of a candidate for Representative in, or Delegate or Resident Commissioner to, the Congress; or

`(ii) in the State the candidate seeks to represent, in the case of a candidate for Senator.

`(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 the direct costs of producing or airing 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 the direct costs of producing or airing 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 executed a contract 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.

`(7) COORDINATION WITH INTERNAL REVENUE CODE- Nothing in this subsection may be construed to establish, modify, or otherwise affect the definition of political activities or electioneering activities (including the definition of participating in, intervening in, or influencing or attempting to influence a political campaign on behalf of or in opposition to any candidate for public office) for purposes of the Internal Revenue Code of 1986.'.

(b) RESPONSIBILITIES OF FEDERAL COMMUNICATIONS COMMISSION- The Federal Communications Commission shall compile and maintain any information the Federal Election Commission may require to carry out section 304(f) of the Federal Election Campaign Act of 1971 (as added by subsection (a)), and shall make such information available to the public on the Federal Communication Commission's website.

SEC. 202. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.

Section 315(a)(7) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(7)) is amended--

(1) by redesignating subparagraph (C) as subparagraph (D); and

(2) by inserting after subparagraph (B) the following:

`(C) if--

`(i) any person makes, or contracts to make, any disbursement for any electioneering communication (within the meaning of section 304(f)(3)); and

`(ii) such disbursement is coordinated with a candidate 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 disbursement or contracting shall be treated as a contribution to the candidate supported by the electioneering communication or that candidate's party and as an expenditure by that candidate or that candidate's party; and'.