< Back to H.R. 4583 (111th Congress, 2009–2010)

Text of the Stand By Your Ad Act of 2010

This bill was introduced on February 3, 2010, in a previous session of Congress, but was not enacted. The text of the bill below is as of Feb 3, 2010 (Introduced).

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Source: GPO

I

111th CONGRESS

2d Session

H. R. 4583

IN THE HOUSE OF REPRESENTATIVES

February 3, 2010

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

A BILL

To amend the Federal Election Campaign Act of 1971 to require certain campaign-related communications which are paid for by certain tax-exempt organizations or political organizations to include a statement naming their five largest donors, and for other purposes.

1.

Short Title

This Act may be cited as the Stand By Your Ad Act of 2010.

2.

Statements Included in Campaign Communications Funded by Certain Tax-Exempt Organizations or Political Organizations

(a)

Requiring Statement Identifying Largest Donors

Section 318(d) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(d)) is amended—

(1)

in paragraph (2), by striking Any communication and inserting Except as provided in paragraph (3), any communication; and

(2)

by adding at the end the following new paragraph:

(3)

Special rules for communications paid for by certain tax-exempt or political organizations

(A)

Disclosure statement required

Any communication described in paragraph (3) of subsection (a) which is funded in whole or in part by a covered section 501(c) organization or a political organization and which is transmitted through radio or television shall include, in addition to the requirements of that paragraph, the disclosure statement described in subparagraph (C).

(B)

Method of conveyance of statement

(i)

Communications transmitted through radio

In the case of a communication to which this paragraph applies which is transmitted through radio, the disclosure statement described in subparagraph (C) shall be made by audio in a clearly spoken manner.

(ii)

Communications transmitted through television

In the case of a communication to which this paragraph applies which is transmitted through television, the disclosure statement described in subparagraph (C) shall be conveyed by an unobscured, full-screen view of a representative of the organization, or by a representative of the organization making the statement in voice-over. The statement, together with clearly readable logos of the organization and each donor identified in the disclosure statement (if any), shall also appear in writing at the end of the communication in a clearly readable manner with a reasonable degree of color contrast between the background and the printed statement and logos, for a period of at least 4 seconds.

(C)

Disclosure statement described

The disclosure statement described in this subparagraph is the following: This advertisement was paid for by _______, whose funders include _______. For a full list of donors, go to _______., with—

(i)

the first blank to be filled in with the name of the covered section 501(c) organization or political organization involved;

(ii)

the second blank to be filled in with the names of the 5 persons who provided the largest amount of funding to the organization for any purpose during the 12-month period which ends on the date on which the organization paid for the communication; and

(iii)

the third blank to be filled in with the Internet address of the website of the organization which includes the information the organization is required to post and maintain under subsections (c)(4) and (f)(8) of section 304.

(D)

Definitions

In this paragraph—

(i)

the term political organization means a political organization described in section 527 of the Internal Revenue Code of 1986, except that such term does not include a political committee of a political party; and

(ii)

the term covered section 501(c) organization means—

(I)

an organization described in paragraph (4), (5), or (6) of section 501(c) 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 subclause (I).

.

(b)

Effective Date

The amendment made by subsection (a) shall apply with respect to communications made on or after the date of the enactment of this Act.

3.

Requiring Organizations to Include Information on Largest Donors in Reports on Independent Expenditures and Electioneering Communications

(a)

Reports on Independent Expenditures

(1)

Contents of statements

Section 304(c)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(c)(2)) is amended—

(A)

by striking and at the end of subparagraph (B);

(B)

by striking the period at the end of subparagraph (C) and inserting ; and; and

(C)

by adding at the end the following new subparagraph:

(D)

if the person making the independent expenditure is a covered section 501(c) organization or a political organization (as such terms are defined in section 318(d)(3)(D)), the identification of the 5 persons who provided the largest amount of funding to the organization for any purpose, together with the amount of funding each such person provided, during the 12-month period which ends on the date on which the organization made the independent expenditure.

.

(2)

Posting of information on website

Section 304(c) of such Act (2 U.S.C. 434(c)) is amended by adding at the end the following new paragraph:

(4)

Each covered section 501(c) organization or political organization which is required to include the information described in paragraph (2)(D) in the statements required to be filed under this subsection shall post and maintain such information on a publicly available official website of the organization.

.

(b)

Reports on Electioneering Communications

(1)

Contents of statements

Section 304(f)(2) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(2)) is amended by adding at the end the following new subparagraph:

(G)

If the person making the disbursement is a covered section 501(c) organization or a political organization (as such terms are defined in section 318(d)(3)(D)), the identification of the 5 persons who provided the largest amount of funding to the person for any purpose, together with the amount of funding each such person provided, during the 12-month period which ends on the date on which the organization made the disbursement.

.

(2)

Posting of information on website

Section 304(f) of such Act (2 U.S.C. 434(f)) is amended by adding at the end the following new paragraph:

(8)

Posting certain donor information on website

Each covered section 501(c) organization or political organization which is required to include the information described in paragraph (2)(G) in the statements required to be filed under this subsection shall post and maintain such information on a publicly available official website of the organization.

.

(c)

Effective Date

The amendments made by this section shall apply with respect to statements filed after the date of the enactment of this Act.