To amend the Federal Election Campaign Act of 1971 to require persons who make disbursements for certain electioneering communications and certain mass communications to file information with the Federal Election Commission regarding the source of the funds used for the disbursements, and for other purposes.

February 5, 2002

Ms. HART introduced the following bill; which was referred to the Committee on House Administration

To amend the Federal Election Campaign Act of 1971 to require persons who make disbursements for certain electioneering communications and certain mass communications to file information with the Federal Election Commission regarding the source of the funds used for the disbursements, 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 `Full Disclosure Campaign Reform Act of 2002'.

SEC. 2. DISCLOSURE OF SOURCES OF ELECTIONEERING COMMUNICATIONS AND TARGETED MASS COMMUNICATIONS.

(a) IN GENERAL- 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:

`(e) DISCLOSURE OF ELECTIONEERING COMMUNICATIONS AND TARGETED MASS COMMUNICATIONS-

`(1) STATEMENT REQUIRED- Every person who makes a disbursement for the direct costs of producing and airing electioneering communications or targeted mass 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 or targeted mass 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 or targeted mass 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 or targeted mass 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 refers to a clearly identified candidate for Federal office.

`(ii) If clause (i) is held to be constitutionally insufficient by final judicial decision to support any regulation promulgated to carry

out the definition of the term `electioneering communication' under such clause, 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.

`(iii) 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, or any other regulation promulgated by the Commission to carry out the definition of the term `expressly advocating' for purposes of any other provision of this Act.

`(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 the communication--

`(I) meets the requirements of this paragraph; and

`(II) is a public communication which refers to a clearly identified candidate for Federal office (regardless of whether a candidate for State or local office is also mentioned or identified) and 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).

`(4) TARGETED MASS COMMUNICATION DEFINED-

`(A) IN GENERAL- In this subsection, the term `targeted mass communication' means any communication--

`(i) which refers to or depicts a clearly identified candidate for such election (by name, image, or likeness); and

`(ii) which is targeted to the relevant electorate.

`(B) TARGETING TO RELEVANT ELECTORATE-

`(i) BROADCAST COMMUNICATIONS- For purposes of this paragraph, a communication disseminated to the public by means of any broadcast, cable, or satellite communication which refers to or depicts a clearly identified candidate for Federal office is `targeted to the relevant electorate' if the communication is disseminated by a broadcaster whose audience includes--

`(I) a substantial number of residents of the district the candidate seeks to represent (as determined in accordance with regulations of the Commission), in the case of a candidate for Representative in, or Delegate or Resident Commissioner to, the Congress; or

`(II) a substantial number of residents of the State the candidate seeks to represent (as determined in accordance with regulations of the Commission), in the case of a candidate for Senator.

`(ii) OTHER COMMUNICATIONS- For purposes of this paragraph, a communication which is not described in clause (i) which refers to or depicts a clearly identified candidate for Federal office is `targeted to the relevant electorate' if--

`(I) more than 10 percent of the total number of intended recipients of the communication are members of the electorate involved with respect to such Federal office; or

`(II) more than 10 percent of the total number of members of the electorate involved with respect to such Federal office receive the communication.

`(C) EXCEPTIONS- The term `targeted mass communication' does not include--

`(i) a 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) a communication made by any membership organization (including a labor organization) or corporation solely to its members, stockholders, or executive or administrative personnel, if such membership organization or corporation is not organized primarily for the purpose of influencing the nomination for election, or election, of any individual to Federal office; or

`(iii) a communication which constitutes an expenditure under this Act.

`(5) 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.

`(6) 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.

`(7) COORDINATION WITH OTHER REQUIREMENTS- Any requirement to report under this subsection shall be in addition to any other reporting requirement under this Act.

`(8) 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(e) 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. 3. EFFECTIVE DATE.

The amendments made by section 2 shall take effect 30 days after the date of the enactment of this Act.

END