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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
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