H.R.4168 - Underground Campaign Disclosure Act of 2000106th Congress (1999-2000)
|Sponsor:||Rep. Doggett, Lloyd [D-TX-10] (Introduced 04/04/2000)|
|Committees:||House - Ways and Means|
|Latest Action:||House - 04/04/2000 Referred to the House Committee on Ways and Means. (All Actions)|
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Text: H.R.4168 — 106th Congress (1999-2000)All Information (Except Text)
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Introduced in House (04/04/2000)
[Congressional Bills 106th Congress] [From the U.S. Government Printing Office] [H.R. 4168 Introduced in House (IH)] 106th CONGRESS 2d Session H. R. 4168 To amend the Internal Revenue Code of 1986 to require increased reporting by political organizations. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES April 4, 2000 Mr. Doggett (for himself, Mr. Gephardt, Mr. Bonior, Mr. Frost, Mr. Menendez, Mr. Rangel, Mr. Neal of Massachusetts, Mr. Stark, Mr. Matsui, Mr. Coyne, Mr. Levin, Mr. Cardin, Mr. McDermott, Mr. Kleczka, Mr. Lewis of Georgia, Mr. McNulty, Mr. Jefferson, Mrs. Thurman, Mr. Becerra, Ms. DeLauro, Ms. Pelosi, Mr. Hoyer, Mr. Abercrombie, Mr. Ackerman, Mr. Allen, Mr. Andrews, Mr. Baca, Mr. Baird, Mr. Baldacci, Ms. Baldwin, Mr. Barrett of Wisconsin, Ms. Berkley, Mr. Berry, Mr. Blagojevich, Mr. Blumenauer, Mr. Boswell, Mr. Brown of Ohio, Mrs. Capps, Mr. Capuano, Mrs. Clayton, Mr. Clyburn, Mr. Crowley, Ms. Danner, Mr. Davis of Illinois, Mr. Davis of Florida, Mr. DeFazio, Mr. Delahunt, Mr. Deutsch, Mr. Dicks, Mr. Dingell, Mr. Dixon, Mr. Dooley of California, Mr. Edwards, Mr. Engel, Ms. Eshoo, Mr. Etheridge, Mr. Evans, Mr. Farr of California, Mr. Filner, Mr. Forbes, Mr. Ford, Mr. Frank of Massachusetts, Mr. Gejdenson, Mr. Gonzalez, Mr. Green of Texas, Mr. Hall of Ohio, Mr. Hastings of Florida, Mr. Hill of Indiana, Mr. Hilliard, Mr. Hinchey, Mr. Hinojosa, Mr. Hoeffel, Mr. Holt, Ms. Hooley of Oregon, Mr. Inslee, Mr. Jackson of Illinois, Ms. Jackson-Lee of Texas, Ms. Eddie Bernice Johnson of Texas, Mrs. Jones of Ohio, Mr. Kanjorski, Ms. Kaptur, Ms. Kilpatrick, Mr. Kind, Mr. Kucinich, Mr. Lampson, Mr. Lantos, Mr. Larson, Ms. Lee, Ms. Lofgren, Mrs. Lowey, Mr. Luther, Mrs. Maloney of New York, Mr. Markey, Mrs. McCarthy of New York, Ms. McCarthy of Missouri, Mr. McGovern, Ms. McKinney, Mr. Meehan, Mrs. Meek of Florida, Mr. Meeks of New York, Ms. Millender-McDonald, Mr. George Miller of California, Mr. Minge, Mrs. Mink of Hawaii, Mr. Moakley, Mr. Mollohan, Mr. Moore, Mr. Moran of Virginia, Mr. Nadler, Mrs. Napolitano, Mr. Ortiz, Mr. Owens, Mr. Pallone, Mr. Pascrell, Mr. Payne, Mr. Peterson of Minnesota, Mr. Phelps, Mr. Pomeroy, Mr. Price of North Carolina, Mr. Reyes, Ms. Rivers, Mr. Rodriguez, Mr. Rothman, Mr. Rush, Mr. Sabo, Ms. Sanchez, Mr. Sanders, Mr. Sandlin, Mr. Sawyer, Ms. Schakowsky, Mr. Serrano, Mr. Shows, Ms. Slaughter, Mr. Smith of Washington, Mr. Snyder, Mr. Spratt, Ms. Stabenow, Mr. Stenholm, Mr. Strickland, Mrs. Tauscher, Mr. Thompson of Mississippi, Mr. Thompson of California, Mr. Tierney, Mr. Turner, Mr. Udall of New Mexico, Mr. Udall of Colorado, Ms. Velazquez, Mr. Waxman, Mr. Weiner, Mr. Wexler, Mr. Weygand, Ms. Woolsey, Mr. Wu, and Mr. Wynn) introduced the following bill; which was referred to the Committee on Ways and Means _______________________________________________________________________ A BILL To amend the Internal Revenue Code of 1986 to require increased reporting by political organizations. 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 ``Underground Campaign Disclosure Act of 2000''. SEC. 2. INCREASED REPORTING BY POLITICAL ORGANIZATIONS. (a) In General.--Subpart A of part III of subchapter A of chapter 61 of the Internal Revenue Code of 1986 (relating to information concerning persons subject to special provisions) is amended by inserting after section 6033 the following new section: ``SEC. 6033A. RETURNS BY POLITICAL ORGANIZATIONS. ``(a) Statement of Organization.-- ``(1) In general.--Every political organization shall file a statement of organization with the Secretary (in such form and manner as the Secretary shall prescribe) which contains the information described in paragraph (2). Such statement shall be filed not later than 10 days after the date that such organization is established (or, in the case of an organization in existence on the date of the enactment of this section, not later than 10 days after such date of enactment). ``(2) Statement of organization.--The information described in this paragraph is-- ``(A) the name and address of the political organization, ``(B) the name, address, relationship, and type of any person which is directly or indirectly related to or affiliated with such political organization, ``(C) the name, address, and position of the custodian of books and accounts of the political organization, ``(D) the name and address of the treasurer of the political organization, and ``(E) a listing of all banks, safety deposit boxes, and other depositories used by the political organization. ``(3) Changes in information.--If there is a change in circumstances such that the most recent statement filed under this subsection is no longer accurate, the political organization shall file a corrected statement with the Secretary (in such manner as the Secretary shall prescribe) not later than 10 days after the date that the statement first ceased to be accurate. ``(4) Related and affiliated persons.--For purposes of paragraph (2)(B), a person is directly or indirectly related to or affiliated with a political organization if such person, at any time during the 3-year period ending on the date such statement is submitted to the Secretary-- ``(A) was in a position to exercise substantial direct or indirect influence over the process of collecting or disbursing the exempt purpose funds of such organization, or ``(B) was in a position to exercise substantial, overall direct or indirect influence over the activities of such organization. ``(b) Statements of Contributions and Disbursements.-- ``(1) In general.--Every political organization shall file a statement with the Secretary (at such time and in such form and manner as the Secretary shall prescribe) which contains the information described in paragraph (2) with respect to each reporting period. ``(2) Information described.--The information described in this paragraph is-- ``(A) the name and address of each person to whom the political organization made any disbursement during the reporting period in an aggregate amount or value in excess of $200 within the calendar year, ``(B) a certification, under penalty of perjury, whether such disbursement is made in cooperation, consultation, or concert, with, or at the request or suggestion of, any candidate for public office or any authorized committee of such candidate or agent of such committee or candidate, ``(C) the name, address, and occupation of each person (and the name of his or her employer) who made (in the aggregate for the reporting period) a contribution in excess of $200 to the political organization, ``(D) the name, address, and business purpose of any entity, as well as whether the entity purports to be exempt from tax under this title and (if so) the provision under which the entity purports to be so exempt, which made (in the aggregate for the reporting period) a contribution in excess of $200 to the political organization, and ``(E) the original source and the intended ultimate recipient of all contributions made by a person, either directly or indirectly, on behalf of any particular person, including contributions which are in any way earmarked or otherwise directed through any intermediary. ``(3) Reporting periods and due dates for filing statements.-- ``(A) In general.--The reporting periods and deadlines for filing statements required by this subsection shall be the same as the periods and deadlines set forth for reports under paragraph (4) of section 304(a) of Federal Election Campaign Act of 1971 (2 U.S.C. 434(a)). The Secretary shall issue such guidance as may be necessary concerning the filing deadlines for such statements. ``(B) Certain organizations file annually.-- ``(i) In general.--In the case of a political organization described in clause (ii)-- ``(I) subparagraph (A) shall not apply, ``(II) the reporting period shall be such organization's taxable year, and ``(III) the due date for the statement required by this subsection shall be the due date (without regard to extensions) for filing the return of tax for such year, whether or not such organization is required to file a return for such taxable year. ``(ii) Organization described.--An organization is described in this clause if such organization is a political organization which is organized and operated exclusively for the purpose of securing the nomination, election, or appointment of a clearly identified candidate for State, local, or judicial office. ``(4) Electronic filing.--The Secretary shall develop procedures for submission in electronic form of statements required to be filed under this subsection. ``(c) Political Organization.--For purposes of this section, the term `political organization' has the meaning given to such term by section 527(e) without regard to whether such organization claims a tax exemption under section 527. ``(d) Paperwork and Burden Reduction.--An organization shall be not be required to file any statement under subsection (a) or (b) for any period if, with respect to such period, such organization submits to the Secretary, under penalty of perjury, a certified statement that the organization has made a filing, which is publicly available, with another Federal agency which includes all of the information requested by subsection (a) or (b), whichever is applicable, and which specifies the public location where such information may be found.'' (b) Public Inspection of Statements.-- (1) In general.--Section 6104 of such Code (relating to publicity of information required from certain exempt organizations and certain trusts) is amended by adding at the end the following new subsection: ``(e) Inspection of Statements of Political Organizations.-- ``(1) In general.--In the case of a political organization (as defined in section 6033A(c))-- ``(A) a copy of the statements filed under section 6033A shall be made available by such organization for inspection during regular business hours by any individual at the principal office of such organization and, if such organization regularly maintains 1 or more regional or district offices having 3 or more employees, at each such regional or district office, and ``(B) upon request of an individual made at such principal office or such a regional or district office, a copy of such statements shall be provided to such individual without charge other than a reasonable fee for any reproduction and mailing costs. The request described in subparagraph (B) must be made in person or in writing. If such request is made in person, such copy shall be provided immediately and, if made in writing, shall be provided within 30 days. ``(2) 3-year limitation on inspection of statements.-- Paragraph (1) shall apply to any statement filed under section 6033A only during the 3-year period beginning on the last day prescribed for filing such statement (determined with regard to any extension of time for filing). ``(3) Limitation on providing copies.--A rule similar to the rule of subsection (d)(4) shall apply for purposes of this subsection.'' (2) Inspection of annual information returns.--Subsection (b) of section 6104 of such Code (relating to inspection of annual information returns) is amended-- (A) by inserting ``6033A,'' after ``6033,'', (B) by striking ``509(a))'' and inserting ``509(a), or a political organization, as defined in section 6033A(c))'', and (C) by adding at the end the following: ``To the extent practicable, the statements required to be made under section 6033A shall also be made available to the public on the worldwide web.''. (c) Penalties for Failure To File Statements or Provide Public Inspection.-- (1) In general.--Subsection (c) of section 6652 of such Code is amended by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively, and by inserting after paragraph (1) the following new paragraph: ``(2) Statements under section 6033a.-- ``(A) Penalty on organization.--In the case of-- ``(i) a failure to file a statement required under section 6033A (relating to returns by political organizations) on the date and in the manner prescribed therefor (determined with regard to any extension of time for filing), or ``(ii) a failure to include any of the information required to be shown on a statement filed under section 6033A or to show the correct information, there shall be paid by the political organization $100 for each day during which such failure continues. The maximum penalty under this subparagraph on failures with respect to any 1 statement shall not exceed $50,000. ``(B) Managers.-- ``(i) In general.--The Secretary may make a written demand on any organization subject to penalty under subparagraph (A) specifying therein a reasonable future date by which the statement shall be filed (or the information furnished) for purposes of this subparagraph. ``(ii) Failure to comply with demand.--If any person fails to comply with any demand under clause (i) on or before the date specified in such demand, there shall be paid by the person failing to so comply $10 for each day after the expiration of the time specified in such demand during which such failure continues. The maximum penalty imposed under this subparagraph on all persons for failures with respect to any 1 statement shall not exceed $5,000. ``(C) Public inspection of statements.--In the case of a failure to comply with the requirements of section 6104(e) on the date and in the manner prescribed therefor (determined with regard to any extension of time for filing), there shall be paid by the person failing to meet such requirements $20 for each day during which such failure continues. The maximum penalty imposed under this subparagraph on all persons for failures with respect to any 1 statement shall not exceed $10,000.'' (2) Other penalties.-- (A) Section 6685 of such Code (relating to assessable penalty with respect to public inspection requirements for certain tax-exempt organizations) is amended-- (i) by striking ``subsection (d)'' and inserting ``subsection (d) or (e)'', and (ii) by striking ``return or application'' each place it appears and inserting ``return, application, or statement''. (B) Section 7207 of such Code (relating to fraudulent returns, statements, and other documents) is amended by striking ``subsection (d)'' and inserting ``subsection (d) or (e)''. (d) Modification of Gift Tax Rules.--Paragraph (5) of section 2501(a) of such Code (relating to transfers to political organizations) is amended by adding at the end the following new sentence: ``The preceding sentence shall not apply in the case of any such organization which is not in substantial compliance with sections 6033A and 6104(e).'' (e) Conforming Amendments.-- (1) Section 527 of such Code is amended by adding at the end the following new subsection: ``(i) Cross References.-- ``(1) For reporting requirements, see sections 6033A and 6104. ``(2) For penalties for failure to file reports, see sections 6652, 6685, and 7207. ``(3) For modification of gift tax rules, see section 2501(a)(5).'' (2) The table of sections for subpart A of part III of subchapter A of chapter 61 of such Code is amended by inserting after the item relating to section 6033 the following new item: ``Sec. 6033A. Returns of political organizations.'' (f) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act. <all>