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Code · BILL · 113th Congress · S. 791 (Introduced in Senate) — To amend the Federal Election Campaign Act of 1971 and the Internal Revenue Code of 1986 to require the disclosure of... · Sec. 104

Sec. 104. Modification of rules relating to disclaimer statements required for certain communications

904 words·~4 min read·/bill/113/s/791/is/section-104

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Section 318(a) of the Federal Election Campaign Act of 1971 ( 2 U.S.C. 441d(a) ) is amended by striking or whenever any person makes a disbursement for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate, or and inserting whenever an independent political actor makes a independent Federal election-related activity expenditure consisting of a public communication, or whenever any person . Section 318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is amended— in the heading, by striking and inserting others ; political committees by striking subsection
(a)and inserting subsection
(a)which is paid for by a political committee (including a political committee of a political party) ; and by striking or other person each place it appears. Section 318 of such Act ( 2 U.S.C. 441d ) is amended by adding at the end the following new subsection: Any communication described in paragraph
(3)of subsection
(a)which is paid for by an independent political actor and transmitted through radio or television shall include, in addition to the requirements of that paragraph, the following: The name of the independent political actor, conveyed by audio. The registration number of the independent political actor, conveyed by audio. The top 3 funders with respect to the registrant (as described in paragraph (2)), together with the city or residence of each such funder, unless, on the basis of criteria established in regulations promulgated by the Commission, the communication is of such short duration that including the top 3 funders with respect to the registrant would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the communication’s content to consist of the top 3 funders. For purposes of paragraph (1), the top 3 funders described in this paragraph are the 3 persons who provided the largest covered contributions to the independent political actor during the Federal election cycle. The Commission shall provide for rules determining the top 3 funders in any case in which 2 or more persons are reported as having provided covered contributions. The information required under paragraph
(1). Section 318(a)(3) of such Act ( 2 U.S.C. 441d(a)(3) ) is amended to read as follows: if not authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state— the name and permanent street address, telephone number, and, if applicable, the World Wide Web address of the person who paid for the communication; if the communication is a independent Federal election-related activity expenditure made by an independent political actor— the name, registration number, and permanent street address, telephone number, and, if applicable, the World Wide Web address of the independent political actor; the name of the treasurer of the independent political actor; and each person who would be included in the top 3 funders which would be submitted with respect to the communication if the communication were transmitted through television, if any (as determined in accordance with subsection (e)(2); and that the communication is not authorized by any candidate or candidate’s committee. . Section 318 of such Act (2 U.S.C. 441d), as amended by paragraph (2), is further amended by adding at the end the following new subsection: Any communication consisting of a political robocall which would be subject to the requirements of subsection
(e)if the communication were transmitted through radio or television shall include the following: The name and city and state of residence of the independent political actor. The registration number of the independent political actor. A phone number associated with the independent political actor where individuals may call with questions and comments and which is staffed during all hours in which such political robocalls are made and for 1 hour after the last such political robocall was made. The top 3 funders with respect to the registrant (as described in subsection (e)(2)). The statements required to be included under paragraph
(1)shall be made at the beginning of the political robocall, unless, on the basis of criteria established in regulations promulgated by the Commission, the communication is of such short duration that including the statement in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the communication’s content to consist of the statement. In this subsection, the term political robocall means any outbound telephone call— in which a person is not available to speak with the person answering the call, and the call instead plays a recorded message; and which promotes, supports, attacks, or opposes a candidate for election for Federal office. . Section 318 of such Act ( 2 U.S.C. 441d ), as amended by paragraph (4), is further amended by adding at the end the following new subsection: The Commission may by regulation prescribe disclosure requirements in addition to those required by this section for communications paid for through independent Federal election-related activity expenditures, including requirements for communications using new technologies. . Not later than August 1 of each odd numbered year beginning with calendar year 2015, the Federal Election Commission shall issue an advanced notice of proposed rulemaking with respect to regulations under section 318(g) of the Federal Election Campaign Act of 1971. The amendments made by this section shall apply to communications made after December 31, 2014, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.
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Sec. 104
Modification of rules relating to disclaimer statements required for certain communications
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