Home > 106th Congressional Bills > S. 2829 (is) To provide for an investigation and audit at the Department of Education. [Introduced in Senate] ...

S. 2829 (is) To provide for an investigation and audit at the Department of Education. [Introduced in Senate] ...


Google
 
Web GovRecords.org








108th CONGRESS
  2d Session
                                S. 2828

To amend the Federal Election Campaign Act of 1971 to define political 
 committee and 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

                           September 22, 2004

Mr. McCain (for himself, Mr. Feingold, Mr. Lieberman, and Mr. Schumer) 
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 define political 
 committee and 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 2004''.

SEC. 2. TREATMENT OF SECTION 527 ORGANIZATIONS.

    (a) Definition of Political Committee.--Section 301(4)(A) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 431(4)(A)) is amended 
to read as follows:
                    ``(A) any committee, club, association, or other 
                group of persons that--
                            ``(i) during one calendar year, receives 
                        contributions aggregating in excess of $1,000 
                        or makes expenditures aggregating in excess of 
                        $1,000; and
                            ``(ii) has as its major purpose the 
                        nomination or election of one or more 
                        candidates;''.
    (b) Definition of Major Purpose for Section 527 Organizations.--
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:

``SEC. 325. DEFINITIONS AND RULES FOR DETERMINING ORGANIZATIONS AND 
              DISBURSEMENTS INFLUENCING FEDERAL ELECTIONS.

    ``(a) Major Purpose of Section 527 Organizations.--For purposes of 
section 301(4)(A)--
            ``(1) In general.--A committee, club, association, or group 
        of persons that--
                    ``(A) is an organization described in section 527 
                of the Internal Revenue Code of 1986, and
                    ``(B) is not described in paragraph (2),
        has as its major purpose the nomination or election of one or 
        more candidates.
            ``(2) Excepted organizations.--Subject to paragraph (3), a 
        committee, club, association, or other group of persons 
        described in this paragraph is--
                    ``(A) an organization described in section 
                527(i)(5) of the Internal Revenue Code of 1986, or
                    ``(B) any other organization which is one of the 
                following:
                            ``(i) A committee, club, association, or 
                        other group of persons whose election or 
                        nomination activities relate exclusively to 
                        elections where no candidate for Federal office 
                        appears on the ballot.
                            ``(ii) A committee, club, association, or 
                        other group of persons that is organized, 
                        operated, and makes disbursements exclusively 
                        for 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 
                                State or local ballot initiatives, 
                                State or local referenda, State or 
                                local constitutional amendments, State 
                                or local bond issues, or other State or 
                                local ballot issues.
                                    ``(III) Influencing the selection, 
                                appointment, nomination, or 
                                confirmation of one or more individuals 
                                to non-elected offices.
                                    ``(IV) 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.
            ``(3) Section 527 organizations making certain 
        disbursements.--A committee, club, association, or other group 
        of persons described in paragraph (2)(B) shall not be 
        considered to be described in such paragraph for purposes of 
        paragraph (1)(B) if it makes disbursements for a public 
        communication that promotes, supports, attacks, or opposes a 
        clearly identified candidate for Federal office during the 
        period beginning on the first day of the calendar year 
        preceding the calendar year in which the general election for 
        the office sought by the clearly identified candidate occurs 
        and ending on the date of the general election.''.

SEC. 3. CERTAIN EXPENSES BY MAJOR PURPOSE ORGANIZATIONS TREATED AS 
              EXPENDITURES.

    (a) In General.--Section 301(9)(A)(i) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 431(9)(A)(i)) is amended by inserting 
``, including any amount described in section 325(b)'' after 
``office''.
    (b) Applicable Communications.--Section 325 of the Federal Election 
Campaign Act of 1971 (as added by section 2(b)) is amended by adding at 
the end the following new subsection:
    ``(b) Certain Expenditures for Major Purpose Organizations.--
            ``(1) In general.--Subject to paragraph (2), a purchase, 
        payment, distribution, loan, advance, deposit, or gift of money 
        or anything of value for--
                    ``(A) a public communication that refers to a 
                clearly identified candidate for Federal office or to a 
                political party (regardless of whether a candidate for 
                State or local office is also mentioned or identified) 
                and that promotes, supports, attacks, or opposes a 
                candidate for that office or a political party 
                (regardless of whether the communication expressly 
                advocates a vote for or against a candidate), or
                    ``(B) voter registration activity, voter 
                identification, get-out-the-vote activity, or generic 
                campaign activity 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),
        shall be an expenditure under section 301(9)(A)(i) if made by, 
        or on behalf of, a political committee (as defined in section 
        301(4)) or a committee, club, association, or other group of 
        persons for which the nomination or election of one or more 
        candidates is its major purpose.
            ``(2) Exception.--Any funds used for purposes described in 
        paragraph (1) that, in accordance with allocation rules set 
        forth in section 325(c), are disbursed from a non-Federal 
        account shall not be treated as expenditures.''.

SEC. 4. RULES FOR ALLOCATION OF EXPENSES BETWEEN FEDERAL AND NON-
              FEDERAL ACTIVITIES.

    Section 325 of the Federal Election Campaign Act of 1971 (as added 
by section 2(b) and amended by section 3) is amended by adding at the 
end the following:
    ``(c) Allocation and Funding Rules for Expenses of Separate 
Segregated Funds and Nonconnected Committees Relating to Federal and 
Non-Federal Activities.--
            ``(1) In general.--In the case of any disbursements by any 
        separate segregated fund or nonconnected committee for which 
        allocation rules are provided under paragraph (2)--
                    ``(A) the disbursements shall be allocated between 
                Federal and non-Federal accounts in accordance with 
                this subsection and regulations prescribed by the 
                Commission, and
                    ``(B) in the case of disbursements allocated to 
                non-Federal accounts, may be paid only from a qualified 
                non-Federal account.
            ``(2) Costs to be allocated and allocation rules.--
        Disbursements by any separate segregated fund or nonconnected 
        committee in connection with Federal and non-Federal elections 
        for any of the following categories of activity shall be 
        allocated as follows:
                    ``(A) 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.
                    ``(B) At least 50 percent 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.
                    ``(C) At least 50 percent 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.
                    ``(D) 100 percent of the expenses for public 
                communications or voter drive activities that refer to 
                a political party, and 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.
                    ``(E) At least 50 percent 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 subparagraph shall not apply to 
                communications or activities that relate exclusively to 
                elections where no candidate for Federal office appears 
                on the ballot.
                    ``(F) At least 50 percent 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 defined non-
                Federal candidates, without regard to whether the 
                communication refers to a political party, shall be 
                paid with funds from a Federal account.
            ``(3) Qualified non-federal account.--For purposes of this 
        subsection--
                    ``(A) In general.--The term `qualified non-Federal 
                account' means an account which consists solely of 
                amounts--
                            ``(i) that, subject to the limitations of 
                        subparagraphs (B) and (C), are raised by the 
                        separate segregated fund or nonconnected 
                        committee only from individuals, and
                            ``(ii) with respect to which all other 
                        requirements of Federal, State, or local law 
                        are met.
                    ``(B) Limitation on individual donations.--
                            ``(i) 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.
                            ``(ii) Affiliation.--For purposes of this 
                        subparagraph, 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.
                    ``(C) Fundraising limitation.--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.
            ``(4) Voter drive activity and federal account defined.--
        For purposes of this subsection--
                    ``(A) 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):
                            ``(i) Voter registration activity.
                            ``(ii) Voter identification.
                            ``(iii) Get-out-the-vote activity.
                            ``(iv) Generic campaign activity.
                    ``(B) 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 subsection 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.''.

SEC. 5. 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, or
            (2) as establishing, modifying, or otherwise affecting the 
        definition of political organization for purposes of the 
        Internal Revenue Code of 1986.

SEC. 6. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on January 1, 
2005.
                                 <all>

Pages: 1

Other Popular 106th Congressional Bills Documents:

1 H.J.Res. 74 (ih) Proposing a spending limitation amendment to the Constitution of the United States. [Introduced in House] ...
2 S. 1765 (is) To prohibit post-viability abortions. [Introduced in Senate] ...
3 H.R. 3577 (ih) To increase the amount authorized to be appropriated for the north side pumping division of the Minidoka reclamation project, Idaho. [Introduced in House] ...
4 H.R. 1729 (rh) To designate the Federal facility located at 1301 Emmet Street in Charlottesville, Virginia, as the ``Pamela B. Gwin Hall''. [Reported in House] ...
5 S. 531 (es) To authorize the President to award a gold medal on behalf of the Congress to Rosa Parks in recognition of her contributions to the Nation. [Engrossed in Senate] ...
6 H.R. 4435 (rh) To clarify certain boundaries on the map relating to Unit NC01 of the Coastal Barrier Resources System. [Reported in House] ...
7 H.Res. 448 (ih) Expressing the sense of the House of Representatives in continued sympathy for the victims of the Oklahoma City bombing on the occasion of the 5th anniversary of the bombing. [Introduced in House] ...
8 H.R. 1460 (eh) To amend the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act to decrease the requisite blood quantum required for membership in the Ysleta del Sur Pueblo tribe. [Engrossed in House] ...
9 H.R. 5224 (ih) To amend the Agricultural Trade Development and Assistance Act of 1954 to authorize assistance for the stockpiling and rapid transportation, delivery, and distribution of shelf stable prepackaged foods to needy individuals in foreign countr...
10 H.R. 1752 (ih) To make improvements in the operation and administration of the Federal courts, and for other purposes. [Introduced in House] ...
11 H.R. 2889 (rh) To amend the Central Utah Project Completion Act to provide for acquisition of water and water rights for Central Utah Project purposes, completion of Central Utah project facilities, and implementation of water conservation measures. [Repo...
12 H.R. 318 (ih) To provide for access by State and local authorities to information of the Department of Justice for the purpose of conducting criminal background checks on port employees and prospective employees. [Introduced in House] ...
13 H.R. 3596 (ih) To authorize an annual Federal contribution to the District of Columbia [Introduced in House] ...
14 H.J.Res. 78 (eh) Making further continuing appropriations for the fiscal year 2000, and for other purposes. [Engrossed in House] ...
15 H.R. 4250 (ih) To amend the Home Ownership and Equity Protection Act of 1994 and other [Introduced in House] ...
16 S. 2289 (rh) For the relief of Jose Guadalupe Tellez Pinales. [Reported in House] ...
17 S. 704 (es) To amend title 18, United States Code, to combat the overutilization of prison health care services and control rising prisoner health care costs. [Engrossed in Senate] ...
18 H.R. 5068 (eh) To designate the facility of the United States Postal Service located at 5927 Southwest 70th Street in Miami, Florida, as the ``Marjory Williams Scrivens Post Office''. [Engrossed in House] ...
19 H.Con.Res. 281 (eh) [Engrossed in House] ...
20 S. 366 (rs) To amend the National Trails System Act to designate El Camino Real de Tierra Adentro as a National Historic Trail. [Reported in Senate] ...
21 H.R. 1634 (ih) To amend the Consumer Credit Protection Act to assure meaningful [Introduced in House] ...
22 H.Res. 630 (eh) [Engrossed in House] ...
23 S. 460 (es) To designate the United States courthouse located at 401 South Michigan Street in South Bend, Indiana, as the ``Robert K. Rodibaugh United States Bankruptcy Courthouse''. [Engrossed in Senate] ...
24 H.R. 154 (eh) To provide for the collection of fees for the making of motion pictures, television productions, and sound tracks in National Park System and National Wildlife Refuge System units, and for other purposes. [Engrossed in House] ...
25 H.R. 4868 (eas) Entry number Date of entry Port [Engrossed Amendment Senate] ...
26 H.R. 2904 (eh) To amend the Ethics in Government Act of 1978 to reauthorize funding for the Office of Government Ethics, and to clarify the definition of a ``special Government employee'' under title 18, United States Code. [Engrossed in House] %%Filename...
27 H.R. 1284 (ih) To provide for protection of the Minnesota Valley National Wildlife [Introduced in House] ...
28 S. 964 (enr) To provide for equitable compensation for the Cheyenne River Sioux Tribe, and for other purposes. [Enrolled bill] ...
29 H.Res. 365 (rh) Providing for consideration of the joint resolution (H.J. Res. 76) [Reported in House] ...
30 H.R. 774 (ih) To amend the Small Business Act to change the conditions of participation and provide an authorization of appropriations for the women's business center program. [Introduced in House] ...


Other Documents:

106th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy