U.S. Politics Online: A Political Discussion Forum - View Single Post - Russ Feingold on illegal wiretapping and Leiberman and TWAT

MattLarson · #81 (**permalink**) 08-17-2006

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SEC. 102. INCREASED CONTRIBUTION LIMIT FOR STATE COMMITTEES OF POLITICAL PARTIES.

• Section 315(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(1)) is amended--

• (1) in subparagraph (B), by striking `or' at the end;

• (2) in subparagraph (C)--

• (A) by inserting `(other than a committee described in subparagraph (D))' after `committee'; and

• (B) by striking the period at the end and inserting `; or'; and

• (3) by adding at the end the following:

• `(D) to a political committee established and maintained by a State committee of a political party in any calendar year which, in the aggregate, exceed $10,000.'.

SEC. 103. REPORTING REQUIREMENTS.

• (a) REPORTING REQUIREMENTS- 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) POLITICAL COMMITTEES-

• `(1) NATIONAL AND CONGRESSIONAL POLITICAL COMMITTEES- The national committee of a political party, any national congressional campaign committee of a political party, and any subordinate committee of either, shall report all receipts and disbursements during the reporting period.

• `(2) OTHER POLITICAL COMMITTEES TO WHICH SECTION 323 APPLIES-

• `(A) IN GENERAL- In addition to any other reporting requirements applicable under this Act, a political committee (not described in paragraph (1)) to which section 323(b)(1) applies shall report all receipts and disbursements made for activities described in section 301(20)(A), unless the aggregate amount of such receipts and disbursements during the calendar year is less than $5,000.

• `(B) SPECIFIC DISCLOSURE BY STATE AND LOCAL PARTIES OF CERTAIN NON-FEDERAL AMOUNTS PERMITTED TO BE SPENT ON FEDERAL ELECTION ACTIVITY- Each report by a political committee under subparagraph (A) of receipts and disbursements made for activities described in section 301(20)(A) shall include a disclosure of all receipts and disbursements described in section 323(b)(2)(A) and (B).

• `(3) ITEMIZATION- If a political committee has receipts or disbursements to which this subsection applies from or to any person aggregating in excess of $200 for any calendar year, the political committee shall separately itemize its reporting for such person in the same manner as required in paragraphs (3)(A), (5), and (6) of subsection (b).

• `(4) REPORTING PERIODS- Reports required to be filed under this subsection shall be filed for the same time periods required for political committees under subsection (a)(4)(B).'.

• (b) BUILDING FUND EXCEPTION TO THE DEFINITION OF CONTRIBUTION-

• (1) IN GENERAL- Section 301(8)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(B)) is amended--

• (A) by striking clause (viii); and

• (B) by redesignating clauses (ix) through (xv) as clauses (viii) through (xiv), respectively.

• (2) NONPREEMPTION OF STATE LAW- Section 403 of such Act (2 U.S.C. 453) is amended--

• (A) by striking `The provisions of this Act' and inserting `(a) IN GENERAL- Subject to subsection (b), the provisions of this Act'; and

• (B) by adding at the end the following:

• `(b) STATE AND LOCAL COMMITTEES OF POLITICAL PARTIES- Notwithstanding any other provision of this Act, a State or local committee of a political party may, subject to State law, use exclusively funds that are not subject to the prohibitions, limitations, and reporting requirements of the Act for the purchase or construction of an office building for such State or local committee.'.

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 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))) 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'.

SEC. 203. 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 (within the meaning of section 304(f)(3)) which is made by any entity described in subsection (a) of this section or by any other person using funds donated by an entity described in subsection (a) of this section.

• `(2) EXCEPTION- Notwithstanding paragraph (1), the term `applicable electioneering communication' does not include a communication by a section 501(c)(4) organization or a political organization (as defined in section 527(e)(1) of the Internal Revenue Code of 1986) made under section 304(f)(2)(E) or (F) of this Act if the communication is paid for exclusively by funds provided directly by individuals who are United States citizens or nationals or lawfully admitted for permanent residence (as defined in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(20))). For purposes of the preceding sentence, the term `provided directly by individuals' does not include funds the source of which is an entity described in subsection (a) of this section.

• `(3) SPECIAL OPERATING RULES-

• `(A) DEFINITION UNDER PARAGRAPH (1)- An electioneering communication shall be treated as made by an entity described in subsection (a) if an entity described in subsection (a) directly or indirectly disburses any amount for any of the costs of the communication.

• `(B) EXCEPTION UNDER PARAGRAPH (2)- A section 501(c)(4) organization that derives amounts from business activities or receives funds from any entity described in subsection (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, as described in section 304(f)(2)(E).

• `(4) 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 executed a contract to make the disbursement.

• `(5) 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 to carry out any activity which is prohibited under such Code.'.