article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Advancing Truth and Accountability in Campaign Communications Act of 2001''. SEC. 2. 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: ``(e) Additional Statements on Electioneering Communications.-- ``(1) Statement required.--Every 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-- ``(i) the person making the disbursement; ``(ii) any entity sharing or exercising direction or control over the activities of such person; and ``(iii) 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 amount of each disbursement 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 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 $500 or more to the organization or any related 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 electioneering communication 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. ``(3) Electioneering communication defined.--For purposes of this subsection-- ``(A) In general.--The term `electioneering communication' means any broadcast from a television or radio broadcast station that-- ``(i) refers to a clearly identified candidate for Federal office; ``(ii) is made (or scheduled to be made) within-- ``(I) 60 days before a general, special, or runoff election for such Federal office; or ``(II) 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 such Federal office; and ``(iii) is broadcast from a television or radio broadcast station whose audience includes the electorate for such election, convention, or caucus. ``(B) Exceptions.--Such term shall not include-- ``(i) communications 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; or ``(ii) communications which constitute expenditures or independent expenditures under this Act. ``(4) Disclosure date defined.--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. 3. COORDINATED COMMUNICATIONS AS CONTRIBUTIONS. Section 315(a)(7)(B) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441a(a)(7)(B)) is amended by inserting after clause (ii) the following: ``(iii) if-- ``(I) any person makes, or contracts to make, any payment for any electioneering communication (as defined in section 304(e)(3)); and ``(II) such payment is coordinated with a candidate for Federal office 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 payment or contracting shall be treated as a contribution to such candidate and as an expenditure by such candidate; and''. SEC. 4. 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 (as defined in section 304(e)(3)) that is made by-- ``(A) any entity to which subsection (a) applies other than a section 501(c)(4) organization; or ``(B) a section 501(c)(4) organization if such communication is paid for using amounts derived from the conduct of a trade or business or from an entity described in subparagraph (A). ``(2) Special operating rules.--For purposes of paragraph (1), the following rules shall apply: ``(A) An electioneering communication shall be treated as made by an entity described in paragraph (1)(A) if-- ``(i) the entity described in paragraph (1)(A) directly or indirectly disburses any amount for any of the costs of the communication; or ``(ii) any amount is disbursed for the communication by a corporation or organization or a State or local political party or committee thereof that receives anything of value from the entity described in paragraph (1)(A), except that this clause shall not apply to any communication the costs of which are defrayed entirely out of a segregated account to which only individuals can contribute. ``(B) A section 501(c)(4) organization that derives amounts from business activities or from any entity described in paragraph (1)(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. ``(3) 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 contracted to make the disbursement. ``(4) 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 from carrying out any activity which is prohibited under such Code.''.
summary: Advancing Truth and Accountability in Campaign Communications Act of 2001 - Amends the Federal Election Campaign Act of 1971 to require the filing of a report with the Commissioner of the Federal Election Commission within 24 hours of each date during a calendar year (disclosure date) on which disbursements for electioneering communications exceed an aggregate of $10,000. Defines "electioneering communications" as certain communications broadcast from either a television or radio station that refer to a clearly identified candidate for Federal office.Provides that if any person makes, or contracts to make, any payment for any electioneering communication, and such payment is coordinated with a candidate for Federal office 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, then such payment or contracting shall be treated as a contribution to and an expenditure by such candidate.Prohibits, in general, corporate and labor disbursements for applicable electioneering communications.