U.S. Congress - Text of H.R.5175 as Reported in House DISCLOSE Act
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To amend the Federal Election Campaign Act of 1971 to prohibit foreign influence in Federal elections, to prohibit government contractors from making expenditures with respect to such elections, and to establish additional disclosure requirements with respect to spending in such elections, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 14,147 | n/a | n/a |
| Reported in House | 16,018 | 139 Show Changes Hide Changes | 27% |
| Engrossed in House | 18,855 | 250 | 49% |
| Placed on Calendar Senate | 18,822 | 8 | 2% |
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HR 5175 IHRHCommentsClose CommentsPermalink
Union Calendar No. 280CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 5175CommentsClose CommentsPermalink
[Report No. 111-492, Part I]CommentsClose CommentsPermalink
To amend the Federal Election Campaign Act of 1971 to prohibit foreign influence in Federal elections, to prohibit government contractors from making expenditures with respect to such elections, and to establish additional disclosure requirements with respect to spending in such elections, and for other purposes.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
April 29, 2010CommentsClose CommentsPermalink
April 29, 2010CommentsClose CommentsPermalink
Mr. VAN HOLLEN (for himself, Mr. CASTLE, Mr. BRADY of Pennsylvania, and Mr. JONES) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink
May 25, 2010CommentsClose CommentsPermalink
May 25, 2010CommentsClose CommentsPermalink
Additional sponsors: Mr. HEINRICH, Mr. CLYBURN, Mr. GEORGE MILLER of California, Mr. ELLSWORTH, Mr. SHULER, Mr. BRALEY of Iowa, Mr. LARSON of Connecticut, Mr. BECERRA, Ms. DELAURO, Mr. WAXMAN, Mr. CONYERS, Mr. NADLER of New York, Mr. SKELTON, Mr. BISHOP of New York, Mr. LARSEN of Washington, Mr. SCHIFF, Mr. DEUTCH, Mr. MCGOVERN, Mr. HINCHEY, Mr. MCDERMOTT, Mr. TONKO, Ms. NORTON, Ms. EDWARDS of Maryland, Mr. ANDREWS, Ms. HIRONO, Mr. STARK, Mrs. MALONEY, Mr. HOLT, Mr. WALZ, Mr. TEAGUE, Mr. BOSWELL, Ms. MATSUI, Mr. FARR, Mr. GARAMENDI, Mr. KAGEN, Mr. PALLONE, Ms. ZOE LOFGREN of California, Mr. LOEBSACK, Mr. YARMUTH, Ms. HARMAN, Ms. CHU, Mr. ISRAEL, Mr. SCHAUER, Mrs. CAPPS, Ms. MCCOLLUM, Ms. SLAUGHTER, Mr. ELLISON, Mr. PATRICK J. MURPHY of Pennsylvania, Ms. WASSERMAN SCHULTZ, Mr. SARBANES, Mr. SALAZAR, Mr. LEVIN, Mr. POLIS of Colorado, Mr. ROTHMAN of New Jersey, Ms. BERKLEY, Ms. GIFFORDS, Mr. HARE, Mr. KISSELL, Mr. HALL of New York, Mr. SCHRADER, Mr. ARCURI, Ms. SHEA-PORTER, Mr. KIND, Ms. KILROY, Mr. JACKSON of Illinois, Mr. PERRIELLO, Ms. SUTTON, Mr. FOSTER, Mr. SERRANO, Mr. COURTNEY, Mr. COHEN, Mr. BOCCIERI, Ms. TITUS, Ms. WATERS, Mr. REYES, Mr. LUJAN, Ms. ROYBAL-ALLARD, Mr. MOLLOHAN, Mr. PIERLUISI, Mr. FILNER, Mr. DINGELL, Mr. LIPINSKI, Mr. WELCH, Ms. LINDA T. SANCHEZ of California, Mr. VISCLOSKY, Mr. SMITH of Washington, Mr. CHANDLER, Mr. BLUMENAUER, Mr. POMEROY, Ms. LORETTA SANCHEZ of California, Mr. HIMES, Mrs. DAVIS of California, Ms. SPEIER, Mr. TIERNEY, Ms. SCHAKOWSKY, Mr. INSLEE, Mr. ETHERIDGE, Mr. MEEK of Florida, Mr. ACKERMAN, Mr. PRICE of North Carolina, Mr. HODES, Ms. CASTOR of Florida, Mr. MORAN of Virginia, Mrs. MCCARTHY of New York, Mr. CARNAHAN, Ms. CLARKE, Ms. MOORE of Wisconsin, Mr. THOMPSON of California, Mr. SHERMAN, Mr. LANGEVIN, and Ms. ESHOOCommentsClose CommentsPermalink
May 25, 2010CommentsClose CommentsPermalink
May 25, 2010CommentsClose CommentsPermalink
Reported from the Committee on House Administration with an amendmentCommentsClose CommentsPermalink
[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink
[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink
May 25, 2010CommentsClose CommentsPermalink
May 25, 2010CommentsClose CommentsPermalink
Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printedCommentsClose CommentsPermalink
[For text of introduced bill, see copy of bill as introduced on April 29, 2010]CommentsClose CommentsPermalink
[For text of introduced bill, see copy of bill as introduced on April 29, 2010]CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To amend the Federal Election Campaign Act of 1971 to prohibit foreign influence in Federal elections, to prohibit government contractors from making expenditures with respect to such elections, and to establish additional disclosure requirements with respect to spending in such elections, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the ‘Democracy is Strengthened by Casting Light on Spending in Elections Act’ or the ‘DISCLOSE Act’. CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this Act is as follows: CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents. CommentsClose CommentsPermalink
Sec. 2. Findings. CommentsClose CommentsPermalink
TITLE I--REGULATION OF CERTAIN POLITICAL SPENDING
Sec. 101. Prohibiting independent expenditures and electioneering communications by government contractors. CommentsClose CommentsPermalink
Sec. 102. Application of ban on contributions and expenditures by foreign nationals to foreign-controlled domestic corporations. CommentsClose CommentsPermalink
Sec. 103. Treatment of payments for coordinated communications as contributions. CommentsClose CommentsPermalink
Sec. 104. Treatment of political party communications made on behalf of candidates. CommentsClose CommentsPermalink
Sec. 105. Restriction on internet communications treated as public communications. CommentsClose CommentsPermalink
TITLE II--PROMOTING EFFECTIVE DISCLOSURE OF CAMPAIGN-RELATED ACTIVITY
Subtitle A--Treatment of Independent Expenditures and Electioneering Communications Made by All Persons
Sec. 201. Independent expenditures. CommentsClose CommentsPermalink
Sec. 202. Electioneering communications. CommentsClose CommentsPermalink
Sec. 203. Mandatory electronic filing by persons making independent expenditures or electioneering communications exceeding $10,000 at any time. CommentsClose CommentsPermalink
Subtitle B--Expanded Requirements for Corporations and Other Organizations
Sec. 211. Additional information required to be included in reports on disbursements by covered organizations. CommentsClose CommentsPermalink
Sec. 212. Rules regarding use of general treasury funds by covered organizations for campaign-related activity. CommentsClose CommentsPermalink
Sec. 213. Optional use of separate account by covered organizations for campaign-related activity. CommentsClose CommentsPermalink
Sec. 214. Modification of rules relating to disclaimer statements required for certain communications. CommentsClose CommentsPermalink
Subtitle C--Reporting Requirements for Registered Lobbyists
Sec. 221. Requiring registered lobbyists to report information on independent expenditures and electioneering communications. CommentsClose CommentsPermalink
TITLE III--DISCLOSURE BY COVERED ORGANIZATIONS OF INFORMATION ON CAMPAIGN-RELATED ACTIVITY
Sec. 301. Requiring disclosure by covered organizations of information on campaign-related activity. CommentsClose CommentsPermalink
TITLE IV--OTHER PROVISIONS
Sec. 401. Judicial review. CommentsClose CommentsPermalink
Sec. 402. Severability. CommentsClose CommentsPermalink
Sec. 403. Effective date. CommentsClose CommentsPermalink
SEC. 2. FINDINGS.
(a) General Findings- Congress finds and declares as follows: CommentsClose CommentsPermalink
(1) Throughout the history of the United States, the American people have been rightly concerned about the power of special interests to control our democratic processes. That was true over 100 years ago when Congress first enacted legislation intended to restrict corporate funds from being used in Federal elections, legislation that Congress in 1947 reaffirmed was intended toamended in 1947 to expressly include independent expenditures. The Supreme Court held such legislation to be constitutional in 1990 in Austin v. Michigan Chamber of Commerce (494 U.S. 652) and again in 2003 in McConnell v. F.E.C. (540 U.S. 93). CommentsClose CommentsPermalink
(2) The Supreme Court’s decision inCitizens United v. Federal Election Commission on January 21, 2010, reverses established jurisprudence and sound policy to greatly increase the dangers of undue special interest influence over the democratic process. That decision has opened the floodgates forinvalidated legislation restricting the ability of corporations and labor unions to spend unlimited sumfunds from their general treasury accounts to influence the outcome of elections. CommentsClose CommentsPermalink
(3) Congress must take action to ensure that the American public has all the information necessary to exercise its free speech and voting rights, and must otherwise take narrowly-tailored steps to regulate independent expenditures and electioneering communications in elections.
(1) Government contracting is an activity that is particularly susceptible to improper influence, and to the appearance of improper influence. Government contracts must be awarded based on an objective evaluation of how well bidders or potential contractors meet relevant statutory criteria. CommentsClose CommentsPermalink
(2) Independent expenditures and electioneering communications that benefit particular candidates or elected officials or disfavor their opponents can lead to apparent and actual ingratiation, access, influence, and quid pro quo arrangements. Government contracts should be awarded based on an objective application of statutory criteria, not based on other forms of inappropriate or corrupting influence. CommentsClose CommentsPermalink
(3) Prohibiting independent expenditures and electioneering communications by persons negotiating for or performing government contracts will prevent government officials involved in or with influence over the contracting process from influencing the contracting process based, consciously or otherwise, on this kind of inappropriate or corrupting influence. CommentsClose CommentsPermalink
(4) Prohibiting independent expenditures and electioneering communications by persons negotiating for or performing government contracts will likewise prevent such persons from feeling pressure, whether actually exerted by government officials or not, to make expenditures and to fund communications in order to maximize their chances of receiving contracts, or to match similar expenditures and communications made by their competitors. CommentsClose CommentsPermalink
(5) Furthermore, because government contracts often involve large amounts of public money, it is critical that the public perceive that the government contracts are awarded strictly in accordance with prescribed statutory standards, and not based on other forms of inappropriate or corrupting influence. The public’s confidence in government is undermined when corporations that make significant expenditures during Federal election campaigns later receive government funds. CommentsClose CommentsPermalink
(6) Prohibiting independent expenditures and electioneering communications by persons negotiating for or performing government contracts will prevent any appearance that government contracts were awarded based in whole or in part on such expenditures or communications, or based on the inappropriate or corrupting influence such expenditures and communications can create and appear to create. CommentsClose CommentsPermalink
(7) In these ways, prohibiting independent expenditures and electioneering communications by persons negotiating for or performing government contracts will protect the actual and perceived integrity of the government contracting process. CommentsClose CommentsPermalink
(8) Moreover, the risks of waste, fraud and abuse, all resulting in economic losses to taxpayers, are significant when would-be public contractors or applicants for public funds make expenditures in Federal election campaigns in order to affect electoral outcomes. CommentsClose CommentsPermalink
(c) Findings Relating to Foreign Corporations- Congress finds and declares as follows: CommentsClose CommentsPermalink
(1) The Supreme Court’s decision in the Citizens United case has provided the means by which United States corporations controlled by foreign entities can freely spend money to influence United States elections. CommentsClose CommentsPermalink
(2) Foreign corporations commonly own U.S. corporations in whole or in part, and U.S. corporate equity and debt are also held by foreign individuals, sovereign wealth funds, and even foreign nations at levels which permit effective control over those U.S. entities. CommentsClose CommentsPermalink
(3) As recognized in many areas of the law, foreign ownership interests and influences are exerted in a perceptible way even when the entity is not majority-foreign-owned. CommentsClose CommentsPermalink
(4) The Federal Government has broad constitutional power to protect American interests and sovereignty from foreign interference and intrusion. CommentsClose CommentsPermalink
(5) Congress has a clear interest in minimizing foreign intervention, and the perception of foreign intervention, in United States elections. CommentsClose CommentsPermalink
(d) Findings Relating to Coordinated Expenditures- Congress finds and declares as follows: CommentsClose CommentsPermalink
(1) It has been the consistent view of Congress and the courts that coordinated expenditures in campaigns for election are no different in nature from contributions. CommentsClose CommentsPermalink
(2) Existing rules still allow donors to evade contribution limits by making campaign expenditures which, while technically qualifying as independent expenditures under law, are for all relevant purposes coordinated with candidates and political parties and thus raise the potential for corruption or the appearance of corruption. CommentsClose CommentsPermalink
(3) Such arrangements have the potential to give rise to the reality or appearance of corruption to the same degree that direct contributions to a candidate may give rise to the reality or appearance of corruption. Moreover, expenditures which are in fact made in coordination with a candidate or political party have the potential to lessen the public’s trust and faith in the rules and the integrity of the electoral process. CommentsClose CommentsPermalink
(4) The government therefore has a compelling interest in making sure that expenditures that are de facto coordinated with a candidate are treated as such to prevent corruption, the appearance of corruption, or the perception that some participants are circumventing the laws and regulations which govern the financing of election campaigns. CommentsClose CommentsPermalink
(e) Findings Relating to Disclosures and Disclaimers- Congress finds and declares as follows: CommentsClose CommentsPermalink
(1) The American people have a compelling interest in knowing who is funding independent expenditures and electioneering communications to influence Federal elections, and the government has a compelling interest in providing the public with that information. Effective disclaimers and prompt disclosure of expenditures, and the disclosure of the funding sources for these expenditures, can provide shareholders, voters, and citizens with the information needed to evaluate the actions by special interests seeking influence over the democratic process. Transparency promotes accountability, increases the fund of information available to the public concerning the support given to candidates by special interests, sheds the light of publicity on political spending, and encourages the leaders of organizations to act only upon legitimate organizational purposes. CommentsClose CommentsPermalink
(2) Protecting this compelling interest has become particularly important to address the anticipated increase in special interest spending on election-related communications which will result from the Supreme Court’s decision in the Citizens United case. The current disclosure and disclaimer requirements were designed for a campaign finance system in which such expenditures were subject to prohibitions that no longer apply. CommentsClose CommentsPermalink
(3) More rigorous disclosure and disclaimer requirements are necessary to protect against the evasion of current rules. Organizations that engage in election-related communications have used a variety of methods to attempt to obscure their sponsorship of communications from the general public. Robust disclosure and disclaimer requirements are necessary to ensure that the electorate is informed about who is paying for particular election-related communications, and so that the shareholders and members of these organizations are aware of their organizations’ election-related spending. CommentsClose CommentsPermalink
(4) The current lack of accountability and transparency allow special interest political spending to serve as a private benefit for the officials of special interest organizations, to the detriment of the organizations and their shareholders and members. CommentsClose CommentsPermalink
(5) Various factors, including the advent of the Internet, where particular communications can be circulated and remain available for viewing long after they are first broadcast, and the frequency of political campaigns that effectively begin long before election day, have also rendered the existing system of disclosure and disclaimer requirements (including the limited time periods during which some of those requirements currently apply) inadequate to protect fully the government’s interest in ensuring that the electorate is fully informed about the sources of election-related spending, and that shareholders and citizens alike have the information they need to hold corporations and elected officials accountable for their positions and supporters. CommentsClose CommentsPermalink
(6) To serve the interests of accountability and transparency, it is also important that information about who is funding independent expenditures and electioneering communications be presented to the electorate in a manner that is readily accessible and that can be quickly and easily understood. CommentsClose CommentsPermalink
(f) Findings Relating to Campaign Spending by Lobbyists- Congress finds and declares as follows: CommentsClose CommentsPermalink
(1) Lobbyists and lobbying organizations, and through them, their clients, influence the public decision-making process in a variety of ways. CommentsClose CommentsPermalink
(2) In recent years, scandals involving undue lobbyist influence have lowered public trust in government and jeopardized the willingness of voters to take part in democratic governance. CommentsClose CommentsPermalink
(3) One way in which lobbyists may unduly influence Federal officials is through their or their clients making independent expenditures or electioneering communications targeting elected officials. CommentsClose CommentsPermalink
(4) Disclosure of such independent expenditures and electioneering communications will allow the public to examine connections between such spending and official actions, and will therefore limit the ability of lobbyists to exert an undue influence on elected officials. CommentsClose CommentsPermalink
TITLE I--REGULATION OF CERTAIN POLITICAL SPENDING
CommentsClose CommentsPermalink
TITLE I--REGULATION OF CERTAIN POLITICAL SPENDING CommentsClose CommentsPermalink
SEC. 101. PROHIBITING INDEPENDENT EXPENDITURES AND ELECTIONEERING COMMUNICATIONS BY GOVERNMENT CONTRACTORS.
(a) Prohibition Applicable to Government Contractors- CommentsClose CommentsPermalink
(1) PROHIBITION- CommentsClose CommentsPermalink
(A) IN GENERAL- Section 317(a)(1) of the Federal Election Campaign Act (
(B) CONFORMING AMENDMENT- The heading of section 317 of such Act (
(2) THRESHOLD FOR APPLICATION OF BAN- Section 317 of such Act (
(A) by redesignating subsections (b) and (c) as subsections (c) and (d); and CommentsClose CommentsPermalink
(B) by inserting after subsection (a) the following new subsection: CommentsClose CommentsPermalink
‘(b) To the extent that subsection (a)(1) prohibits a person who enters into a contract described in such subsection from making any independent expenditure or disbursing funds for an electioneering communication, such subsection shall apply only if the value of the contract is equal to or greater than $57,000,000.’. CommentsClose CommentsPermalink
(b) Application to Recipients of Assistance Under Troubled Asset Program- Section 317(a) of such Act (
(1) by striking ‘or’ at the end of paragraph (1); CommentsClose CommentsPermalink
(2) by redesignating paragraph (2) as paragraph (3); and CommentsClose CommentsPermalink
(3) by inserting after paragraph (1) the following new paragraph: CommentsClose CommentsPermalink
‘(2) who enters into negotiations for financial assistance under title I of the Emergency Economic Stabilization Act of 2008 (
et seq.) (relating to the purchase of troubled assets by the Secretary of the Treasury), during the period-- CommentsClose CommentsPermalink 12 U.S.C. 5211
‘(A) beginning on the later of the commencement of the negotiations or the date of the enactment of the Democracy is Strengthened by Casting Light on Spending in Elections Act; and CommentsClose CommentsPermalink
‘(B) ending with the later of the termination of such negotiations or the repayment of such financial assistance; CommentsClose CommentsPermalink
directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use, to make any independent expenditure, or to disburse any funds for an electioneering communication; or’. CommentsClose CommentsPermalink
(c) Technical Amendment- Section 317 of such Act (
SEC. 102. APPLICATION OF BAN ON CONTRIBUTIONS AND EXPENDITURES BY FOREIGN NATIONALS TO FOREIGN-CONTROLLED DOMESTIC CORPORATIONS.
(a) Application of Ban- Section 319(b) of the Federal Election Campaign Act of 1971 (
(1) by striking ‘or’ at the end of paragraph (1); CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (2) and inserting ‘; or’; and CommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph: CommentsClose CommentsPermalink
‘(3) any corporation which is not a foreign national described in paragraph (1) and-- CommentsClose CommentsPermalink
‘(A) in which a foreign national described in paragraph (1) or (2) directly or indirectly owns 20 percent or more of the voting shares; CommentsClose CommentsPermalink
‘(B) with respect to which the majority of the members of the board of directors are foreign nationals described in paragraph (1) or (2); CommentsClose CommentsPermalink
‘(C) over which one or more foreign nationals described in paragraph (1) or (2) has the power to direct, dictate, or control the decision-making process of the corporation with respect to its interests in the United States; or CommentsClose CommentsPermalink
‘(D) over which one or more foreign nationals described in paragraph (1) or (2) has the power to direct, dictate, or control the decision-making process of the corporation with respect to activities in connection with a Federal, State, or local election, including-- CommentsClose CommentsPermalink
‘(i) the making of a contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)); or CommentsClose CommentsPermalink
‘(ii) the administration of a political committee established or maintained by the corporation.’. CommentsClose CommentsPermalink
(b) Certification of Compliance- Section 319 of such Act (
‘(c) Certification of Compliance Required Prior to Carrying Out Activity- Prior to the making of anyin connection with an election for Federal office of any contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication by a corporation during a year, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation), shall file a certification with the Commission, under penalty of perjury, that the corporation is not prohibited from carrying out such activity under subsection (b)(3), unless the chief executive officer has previously filed such a certification during the year. Nothing in this subsection shall be construed to apply to any contribution, donation, expenditure, independent expenditure, or disbursement from a separate segregated fund established and administered by a corporation under section 316(b)(2)(C).’. CommentsClose CommentsPermalink
(c) No Effect on Other LawSeparate Segregated Funds of Domestic Corporations- Section 319 of such Act (
‘(d) No Effect on Separate Segregate Funds of Domestic Corporations- Nothing in this section shall be construed to prohibit any corporation which is not a foreign national described in paragraph (1) of subsection (b) from establishing, administering, and soliciting contributions to a separate segregated fund under section 316(b)(2)(C), so long as none of the amounts in the fund are provided by any foreign national described in paragraph (1) or (2) of subsection (b) and no foreign national described in paragraph (1) or (2) of subsection (b) has the power to direct, dictate, or control the establishment or administration of the fund.’. CommentsClose CommentsPermalink
(d) No Effect on Other Laws- Section 319 of such Act (
‘(e) No Effect on Other Laws- Nothing in this section shall be construed to affect the determination of whether a corporation is treated as a foreign national for purposes of any law other than this Act.’. CommentsClose CommentsPermalink
SEC. 103. TREATMENT OF PAYMENTS FOR COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.
(a) In General- Section 301(8)(A) of the Federal Election Campaign Act of 1971 (
(1) by striking ‘or’ at the end of clause (i); CommentsClose CommentsPermalink
(2) by striking the period at the end of clause (ii) and inserting ‘; or’; and CommentsClose CommentsPermalink
(3) by adding at the end the following new clause: CommentsClose CommentsPermalink
‘(iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated communication (as determined under section 324).’. CommentsClose CommentsPermalink
(b) Coordinated Communications Described- Section 324 of such Act (
‘SEC. 324. COORDINATED COMMUNICATIONS.
‘(a) Coordinated Communications Defined- For purposes of this Act, the term ‘coordinated communication’ means-- CommentsClose CommentsPermalink
‘(1) a covered communication which, subject to subsection (c), is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, or a political committee of a political party; or CommentsClose CommentsPermalink
‘(2) any communication that republishes, disseminates, or distributes, in whole or in part, any broadcast or any written, graphic, or other form of campaign material prepared by a candidate, an authorized committee of a candidate, or their agents. CommentsClose CommentsPermalink
‘(b) Covered Communication Defined- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as provided in paragraph (4), for purposes of this subsection, the term ‘covered communication’ means, for purposes of the applicable election period described in paragraph (2), a publicly distributed or disseminated communication communication (as defined in section 301(22)) that refers to a clearly identified candidate for Federal office and is publicly distributed or publicly disseminated during such period. CommentsClose CommentsPermalink
‘(2) APPLICABLE ELECTION PERIOD- For purposes of paragraph (1), the ‘applicable election period’ with respect to a communication means-- CommentsClose CommentsPermalink
‘(A) in the case of a communication which refers to a candidate for the office of President or Vice President, the period-- CommentsClose CommentsPermalink
‘(i) beginning with the date that is 120 days before the date of the first primary election, preference election, or nominating convention for nomination for the office of President which is held in any State; and CommentsClose CommentsPermalink
‘(ii) ending with the date of the general election for such office; or CommentsClose CommentsPermalink
‘(B) in the case of a communication which refers to a candidate for any other Federal office, the period-- CommentsClose CommentsPermalink
‘(i) beginning with the date that is 90 days before the earliest of the primary election, preference election, or nominating convention with respect to the nomination for the office that the candidate is seeking; and CommentsClose CommentsPermalink
‘(ii) ending with the date of the general election for such office. CommentsClose CommentsPermalink
‘(3) SPECIAL RULE FOR PUBLIC DISTRIBUTION OF COMMUNICATIONS INVOLVING CONGRESSIONAL CANDIDATES- For purposes of paragraph (1), in the case of a communication involving a candidate for an office other than President or Vice President, the communication shall be considered to be publicly distributed or publicly disseminated only if the dissemination or distribution occurs in the jurisdiction of the office that the candidate is seeking. CommentsClose CommentsPermalink
‘(4) EXCEPTION- The term ‘covered communication’ does not include-- CommentsClose CommentsPermalink
‘(A) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or CommentsClose CommentsPermalink
‘(B) a communication which constitutes a candidate debate or forum conducted pursuant to the regulations adopted by the Commission to carry out section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum. CommentsClose CommentsPermalink
‘(c) No Finding of Coordination Based Solely on Sharing of Information Regarding Legislative or Policy Position- For purposes of subsection (a)(1), a covered communication may not be considered to be made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, or a political committee of a political party solely on the grounds that a person provided information to the candidate or committee regarding that person’s position on a legislative or policy matter (including urging the candidate or party to adopt that person’s position), so long as there is no discussion between the person and the candidate or committee regarding the candidate’s campaign for election for Federal office. CommentsClose CommentsPermalink
‘(d) Preservation of Certain Safe Harbors and Firewalls- Nothing in this section may be construed to affect 11 CFR 109.21(g) or (h), as in effect on the date of the enactment of the Democracy is Strengthened by Casting Light on Spending in Elections Act. CommentsClose CommentsPermalink
‘(e) Treatment of Coordination With Political Parties for Communications Referring to Candidates- For purposes of this section, if a communication which refers to any clearly identified candidate or candidates of a political party or any opponent of such a candidate or candidates is determined to have been made in cooperation, consultation, or concert with or at the request or suggestion of a political committee of the political party but not in cooperation, consultation, or concert with or at the request or suggestion of such clearly identified candidate or candidates, the communication shall be treated as having been made in cooperation, consultation, or concert with or at the request or suggestion of the political committee of the political party but not with or at the request or suggestion of such clearly identified candidate or candidates.’. CommentsClose CommentsPermalink
(c) Effective Date- CommentsClose CommentsPermalink
(1) IN GENERAL- This section and the amendments made by this section shall apply with respect to payments made on or after the expiration of the 30-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. CommentsClose CommentsPermalink
(2) TRANSITION RULE FOR ACTIONS TAKEN PRIOR TO ENACTMENT- No person shall be considered to have made a payment for a coordinated communication under section 324 of the Federal Election Campaign Act of 1971 (as amended by subsection (b)) by reason of any action taken by the person prior to the date of the enactment of this Act. Nothing in the previous sentence shall be construed to affect any determination under any other provision of such Act which is in effect on the date of the enactment of this Act regarding whether a communication is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, or a political committee of a political party. CommentsClose CommentsPermalink
SEC. 104. TREATMENT OF POLITICAL PARTY COMMUNICATIONS MADE ON BEHALF OF CANDIDATES.
(a) Treatment of Payment for Public Communication as Contribution if Made Under Control or Direction of Candidate- Section 301(8)(A) of the Federal Election Campaign Act of 1971 (
(1) by striking ‘or’ at the end of clause (ii); CommentsClose CommentsPermalink
(2) by striking the period at the end of clause (iii) and inserting ‘; or’; and CommentsClose CommentsPermalink
(3) by adding at the end the following new clause: CommentsClose CommentsPermalink
‘(iv) any payment by a political committee of a political party for the direct costs of a communicationpublic communication (as defined in paragraph (22)) made on behalf of a candidate for Federal office who is affiliated with such party, but only if the communication is controlled by, or made at the direction of, the candidate or an authorized committee of the candidate.’. CommentsClose CommentsPermalink
(b) Requiring Control or Direction by Candidate for Treatment as Coordinated Party Expenditure- CommentsClose CommentsPermalink
(1) IN GENERAL- Paragraph (4) of section 315(d) of such Act (
‘(4) Special Rule for Direct Costs of Communications- The direct costs incurred by a political committee of a political party for a communication made in connection with the campaign of a candidate for Federal office shall not be subject to the limitations contained in paragraphs (2) and (3) unless the communication is controlled by, or made at the direction of, the candidate or an authorized committee of the candidate.’. CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Paragraph (1) of section 315(d) of such Act (
(c) Effective Date- This section and the amendments made by this section shall apply with respect to payments made on or after the expiration of the 30-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. CommentsClose CommentsPermalink
SEC. 105. RESTRICTION ON INTERNET COMMUNICATIONS TREATED AS PUBLIC COMMUNICATIONS.
(a) In General- Section 301(22) of the Federal Election Campaign Act of 1971 (
(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act. CommentsClose CommentsPermalink
TITLE II--PROMOTING EFFECTIVE DISCLOSURE OF CAMPAIGN-RELATED ACTIVITY
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TITLE II--PROMOTING EFFECTIVE DISCLOSURE OF CAMPAIGN-RELATED ACTIVITY CommentsClose CommentsPermalink
Subtitle A--Treatment of Independent Expenditures and Electioneering Communications Made by All Persons
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Subtitle A--Treatment of Independent Expenditures and Electioneering Communications Made by All Persons CommentsClose CommentsPermalink
SEC. 201. INDEPENDENT EXPENDITURES.
(a) Revision of Definition- Subparagraph (A) of section 301(17) of the Federal Election Campaign Act of 1971 (
‘(A) that, when taken as a whole, expressly advocates the election or defeat of a clearly identified candidate, or is the functional equivalent of express advocacy because it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate, taking into account whether the communication involved mentions a candidacy, a political party, or a challenger to a candidate, or takes a position on a candidate’s character, qualifications, or fitness for office; and’. CommentsClose CommentsPermalink
(b) Uniform 24-Hour Reporting For Persons Making Independent Expenditures Exceeding $10,000 at Any Time- Section 304(g) of such Act (
‘(1) INDEPENDENT EXPENDITURES EXCEEDING THRESHOLD AMOUNT- CommentsClose CommentsPermalink
‘(A) INITIAL REPORT- A person (including a political committee) that makes or contracts to make independent expenditures in an aggregate amount equal to or greater than the threshold amount described in paragraph (2) shall electronically file a report describing the expenditures within 24 hours. CommentsClose CommentsPermalink
‘(B) ADDITIONAL REPORTS- After a person files a report under subparagraph (A), the person shall electronically file an additional report within 24 hours after each time the person makes or contracts to make independent expenditures in an aggregate amount equal to or greater than the threshold amount with respect to the same election as that to which the initial report relates. CommentsClose CommentsPermalink
‘(2) THRESHOLD AMOUNT DESCRIBED- In paragraph (1), the ‘threshold amount’ means-- CommentsClose CommentsPermalink
‘(A) during the period up to and including the 20th day before the date of an election, $10,000; or CommentsClose CommentsPermalink
‘(B) during the period after the 20th day, but more than 24 hours, before the date of an election, $1,000. CommentsClose CommentsPermalink
‘(3) PUBLIC AVAILABILITY- Notwithstanding any other provision of this section, the Commission shall ensure that the information required to be disclosed under this subsection is publicly available through the Commission website not later than 24 hours after receipt in a manner that is downloadable in bulk and machine readable.’. CommentsClose CommentsPermalink
(c) Effective Date- CommentsClose CommentsPermalink
(1) IN GENERAL- The amendment made by subsection (a) shall apply with respect to contributions and expenditures made on or after the expiration of the 30-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. CommentsClose CommentsPermalink
(2) REPORTING REQUIREMENTS- The amendment made by subsection (b) shall apply with respect to reports required to be filed after the date of the enactment of this Act. CommentsClose CommentsPermalink
SEC. 202. ELECTIONEERING COMMUNICATIONS.
(a) Expansion of Period During Which Communications Treated as Electioneering Communications-(1) EXPANSION OF PERIOD COVERING GENERAL ELECTIONCovering General Election- Section 304(f)(3)(A)(i)(II)(aa) of the Federal Election Campaign Act of 1971 (
(2) EFFECTIVE DATE; TRANSITION FOR COMMUNICATIONS MADE PRIOR TO ENACTMENT- The amendment made by paragraph (1b) Mandatory Electronic Filing- Section 304(f)(1) of such Act (
(1) by striking ‘file with’ and inserting ‘electronically file with’; and CommentsClose CommentsPermalink
(2) by adding at the end the following new sentence: ‘Notwithstanding any other provision of this section, the Commission shall ensure that the information required to be disclosed under this subsection is publicly available through the Commission website not later than 24 hours after receipt in a manner that is downloadable in bulk and machine readable.’. CommentsClose CommentsPermalink
(c) Effective Date; Transition for Communications Made Prior to Enactment- The amendment made by subsection (a) shall apply with respect to communications made on or after the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments, except that no communication which is made prior to the date of the enactment of this Act shall be treated as an electioneering communication under section 304(f)(3)(A)(i)(II) of the Federal Election Campaign Act of 1971 (as amended by paragraph (1subsection (a)) unless the communication would be treated as an electioneering communication under such section if the amendment made by paragraph (1subsection (a) did not apply. CommentsClose CommentsPermalink
SEC. 203. MANDATORY ELECTRONIC FILING BY PERSONS MAKING INDEPENDENT EXPENDITURES OR ELECTIONEERING COMMUNICATIONS EXCEEDING $10,000 AT ANY TIME.
Section 304(f)(2)(D) of such Actd)(1) of the Federal Election Campaign Act of 1971 (
(1) by striking ‘and the names’ and inserting ‘, the namesor (g)’; and CommentsClose CommentsPermalink
(2) by inserting ‘, and (if applicable) a statement regarding whether the communications are intended to support or oppose such candidates’ before the period at the endadding at the end the following: ‘Notwithstanding any other provision of this section, any person who is required to file a statement under subsection (f) or subsection (g) shall file the statement in electronic form accessible by computers, in a manner which ensures that the information provided is searchable, sortable, and downloadable.’. CommentsClose CommentsPermalink
Subtitle B--Expanded Requirements for Corporations and Other Organizations
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Subtitle B--Expanded Requirements for Corporations and Other Organizations CommentsClose CommentsPermalink
SEC. 211. ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN REPORTS ON DISBURSEMENTS BY COVERED ORGANIZATIONS.
(a) Independent Expenditure Reports- Section 304(g) of the Federal Election Campaign Act of 1971 (
‘(5) DISCLOSURE OF ADDITIONAL INFORMATION BY COVERED ORGANIZATIONS MAKING PAYMENTS FOR PUBLIC INDEPENDENT EXPENDITURES- CommentsClose CommentsPermalink
‘(A) ADDITIONAL INFORMATION- If a covered organization makes or contracts to make public independent expenditures in an aggregate amount equal to or exceeding $10,000 in a calendar year, the report filed by the organization under this subsection shall include, in addition to the information required under paragraph (3), the following information: CommentsClose CommentsPermalink
‘(i) If any person made a donation or payment to the covered organization during the covered organization reporting period which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity-- CommentsClose CommentsPermalink
‘(I) subject to subparagraph (C), the identification of each person who made such donations or payments in an aggregate amount equal to or exceeding $600 during such period, presented in the order of the aggregate amount of donations or payments made by such persons during such period (with the identification of the person making the largest donation or payment appearing first); and CommentsClose CommentsPermalink
‘(II) if any person identified under subclause (I) designated that the donation or payment be used for campaign-related activity with respect to a specific election or in support of a specific candidate, the name of the election or candidate involved, and if any such person designated that the donation or payment be used for a specific public independent expenditure, a description of the expenditure. CommentsClose CommentsPermalink
‘(ii) The identification of each person who made unrestricted donor payments to the organization during the covered organization reporting period-- CommentsClose CommentsPermalink
‘(I) in an aggregate amount equal to or exceeding $600 during such period, if any of the disbursements made by the organization for any of the public independent expenditures which are covered by the report were not made from the organization’s Campaign-Related Activity Account under section 326; or CommentsClose CommentsPermalink
‘(II) in an aggregate amount equal to or exceeding $6,000 during such period, if the disbursements made by the organization for all of the public independent expenditures which are covered by the report were made exclusively from the organization’s Campaign-Related Activity Account under section 326 (but only if the organization has made deposits described in subparagraph (D) of section 326(a)(2) into that Account during such period in an aggregate amount equal to or greater than $10,000), CommentsClose CommentsPermalink
presented in the order of the aggregate amount of payments made by such persons during such period (with the identification of the person making the largest payment appearing first). CommentsClose CommentsPermalink
‘(B) TREATMENT OF TRANSFERS MADE TO OTHER PERSONS- CommentsClose CommentsPermalink
‘(i) IN GENERAL- For purposes of the requirement to file reports under this subsection (including the requirement under subparagraph (A) to include additional information in such reports), a covered organization which transfers amounts to another person (other than the covered organization itself) for the purpose of making a public independent expenditure by that person or by any other person, or (in accordance with clause (ii)) which is deemed to have transferred amounts to another person (other than the covered organization itself) for the purpose of making a public independent expenditure by that person or by any other person, shall be considered to have made a public independent expenditure. CommentsClose CommentsPermalink
‘(ii) RULES FOR DEEMING TRANSFERS MADE FOR PURPOSE OF MAKING EXPENDITURES- For purposes of clause (i), in determining whether a covered organization or any other person who transfers amounts to another person shall be deemed to have transferred the amounts for the purpose of making a public independent expenditure, the following rules apply: CommentsClose CommentsPermalink
‘(I) The person shall be deemed to have transferred the amounts for the purpose of making a public independent expenditure if-- CommentsClose CommentsPermalink
‘(aa) the person designates, requests, or suggests that the amounts be used for public independent expenditures and the person to whom the amounts were transferred agrees to do so or does so; CommentsClose CommentsPermalink
‘(bb) the person making the public independent expenditure or another person acting on that person’s behalf solicited funding from the person or from the person to whom the amounts were transferred for making any public independent expenditures,‘(bb) the person and the person to whom the amounts were transferred expressly solicited the person for a donation or payment for making or paying for any public independent expenditures; CommentsClose CommentsPermalink
‘(cc) the person and the person to whom the amounts were transferred engaged in substantial discussion (whether written or verbal) regarding the making of public independent expenditures,‘(cc) the person or the person to whom the amounts were transferred oral discussion regarding the person either making, or donating or paying for, any public independent expenditures; CommentsClose CommentsPermalink
‘(dd) the person or the person to whom the amounts were transferred knew or should have knownhad reason to know of the covered organization’s intent to make public independent expenditures, or‘(dd; or CommentsClose CommentsPermalink
‘(ee) the person or the person to whom the amounts were transferred made a public independent expenditure during the election cycle involved or the previous election cycle (as defined in section 301(25))2-year period which ends on the date on which the amounts were transferred. CommentsClose CommentsPermalink
‘(II) The person shall not be deemed to have transferred the amounts for the purpose of making a public independent expenditure if the transfer was a commercial transaction occurring in the ordinary course of business between the person and the person to whom the amounts were transferred, unless there is affirmative evidence that the amounts were transferred for the purpose of making a public independent expenditure. CommentsClose CommentsPermalink
‘(C) EXCLUSION OF AMOUNTS DESIGNATED FOR OTHER CAMPAIGN-RELATED ACTIVITY- For purposes of subparagraph (A)(i), in determining the amount of a donation or payment made by a person which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity, there shall be excluded any amount which was designated by the person to be used-- CommentsClose CommentsPermalink
‘(i) for campaign-related activity described in clause (i) of section 325(d)(2)(A) (relating to independent expenditures) with respect to a different election, or with respect to a candidate in a different election, than an election which is the subject of any of the public independent expenditures covered by the report involved; or CommentsClose CommentsPermalink
‘(ii) for any campaign-related activity described in clause (ii) of section 325(d)(2)(A) (relating to electioneering communications). CommentsClose CommentsPermalink
‘(D) EXCLUSION OF AMOUNTS PAID FROM SEPARATE SEGREGATED FUND- In determining the amount of public independent expenditures made by a covered organization for purposes of this paragraph, there shall be excluded any amounts paid from a separate segregated fund established and administered by the organization under section 316(b)(2)(C). CommentsClose CommentsPermalink
‘(E) COVERED ORGANIZATION REPORTING PERIOD DESCRIBED- In this paragraph, the ‘covered organization reporting period’ is, with respect to a report filed by a covered organization under this subsection-- CommentsClose CommentsPermalink
‘(i) in the case of the first report filed by a covered organization under this subsection which includes information required under this paragraph, the shorter of-- CommentsClose CommentsPermalink
‘(I) the period which begins on the effective date of the Democracy is Strengthened by Casting Light on Spending in Elections Act and ends on the last day covered by the report, or CommentsClose CommentsPermalink
‘(II) the 12-month period ending on the last day covered by the report; and CommentsClose CommentsPermalink
‘(ii) in the case of any subsequent report filed by a covered organization under this subsection which includes information required under this paragraph, the period occurring since the most recent report filed by the organization which includes such information. CommentsClose CommentsPermalink
‘(F) COVERED ORGANIZATION DEFINED- In this paragraph, the term ‘covered organization’ means any of the following: CommentsClose CommentsPermalink
‘(i) Any corporation which is subject to section 316(a). CommentsClose CommentsPermalink
‘(ii) Any labor organization (as defined in section 316). CommentsClose CommentsPermalink
‘(iii) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. CommentsClose CommentsPermalink
‘(iv) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act. CommentsClose CommentsPermalink
‘(G) OTHER DEFINITIONS- In this paragraph-- CommentsClose CommentsPermalink
‘(i) the terms ‘campaign-related activity’ and ‘unrestricted donor payment’ have the meaning given such terms in section 325; and CommentsClose CommentsPermalink
‘(ii) the term ‘public independent expenditure’ means an independent expenditure for a public communication (as defined in section 301(22)).’. CommentsClose CommentsPermalink
(b) Electioneering Communication Reports- CommentsClose CommentsPermalink
(1) IN GENERAL- Section 304(f) of such Act (
) is amended-- CommentsClose CommentsPermalink 2 U.S.C. 434(f)
(A) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8); and CommentsClose CommentsPermalink
(B) by inserting after paragraph (5) the end the following new paragraph: CommentsClose CommentsPermalink
‘(6) DISCLOSURE OF ADDITIONAL INFORMATION BY COVERED ORGANIZATIONS- CommentsClose CommentsPermalink
‘(A) ADDITIONAL INFORMATION- If a covered organization files a statement under this subsection, the statement shall include, in addition to the information required under paragraph (2), the following information: CommentsClose CommentsPermalink
‘(i) If any person made a donation or payment to the covered organization during the covered organization reporting period which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity-- CommentsClose CommentsPermalink
‘(I) subject to subparagraph (C), the identification of each person who made such donations or payments in an aggregate amount equal to or exceeding $1,000 during such period, presented in the order of the aggregate amount of donations or payments made by such persons during such period (with the identification of the person making the largest donation or payment appearing first); and CommentsClose CommentsPermalink
‘(II) if any person identified under subclause (I) designated that the donation or payment be used for campaign-related activity with respect to a specific election or in support of a specific candidate, the name of the election or candidate involved, and if any such person designated that the donation or payment be used for a specific electioneering communication, a description of the communication. CommentsClose CommentsPermalink
‘(ii) The identification of each person who made unrestricted donor payments to the organization during the covered organization reporting period-- CommentsClose CommentsPermalink
‘(I) in an aggregate amount equal to or exceeding $1,000 during such period, if any of the disbursements made by the organization for any of the electioneering communications which are covered by the statement were not made from the organization’s Campaign-Related Activity Account under section 326; or CommentsClose CommentsPermalink
‘(II) in an aggregate amount equal to or exceeding $10,000 during such period, if the disbursements made by the organization for all of the electioneering communications which are covered by the statement were made exclusively from the organization’s Campaign-Related Activity Account under section 326 (but only if the organization has made deposits described in subparagraph (D) of section 326(a)(2) into that Account during such period in an aggregate amount equal to or greater than $10,000), CommentsClose CommentsPermalink
presented in the order of the aggregate amount of payments made by such persons during such period (with the identification of the person making the largest payment appearing first). CommentsClose CommentsPermalink
‘(B) TREATMENT OF TRANSFERS MADE TO OTHER PERSONS- CommentsClose CommentsPermalink
‘(i) IN GENERAL- For purposes of the requirement to file statements under this subsection (including the requirement under subparagraph (A) to include additional information in such statements), a covered organization which transfers amounts to another person (other than the covered organization itself) for the purpose of making an electioneering communication by that person or by any other person, or (in accordance with clause (ii)) which is deemed to have transferred amounts to another person (other than the covered organization itself) for the purpose of making an electioneering communication by that person or by any other person, shall be considered to have made a disbursement for an electioneering communication. CommentsClose CommentsPermalink
‘(ii) RULES FOR DEEMING TRANSFERS MADE FOR PURPOSE OF MAKING COMMUNICATIONS- For purposes of clause (i), in determining whether a covered organization or any other person who transfers amounts to another person shall be deemed to have transferred the amounts for the purpose of making an electioneering communication, the following rules apply: CommentsClose CommentsPermalink
‘(I) The person shall be deemed to have transferred the amounts for the purpose of making an electioneering communication if-- CommentsClose CommentsPermalink
‘(aa) the person making the public independent expendituredesignates, requests, or suggests that the amounts be used for electioneering communications and the person to whom the amounts were transferred agrees to do so or does so; CommentsClose CommentsPermalink
‘(bb) the person making the electioneering communication or another person acting on that person’s behalf solicited funding from the person or from the person to whom the amounts were transferred for making any electioneering communications,‘(bb) the person and the person to whom the amounts were transferred expressly solicited the person for a donation or payment for making or paying for any electioneering communications; CommentsClose CommentsPermalink
‘(cc) the person and the person to whom the amounts were transferred engaged in substantial discussion (whether written or verbal) regarding the making of electioneering communications,‘(cc) the person or the person to whom the amounts were transferred oral discussion regarding the person either making, or donating or paying for, any electioneering communications; CommentsClose CommentsPermalink
‘(dd) the person or the person to whom the amounts were transferred knew or should have knownhad reason to know of the covered organization’s intent to make electioneering communications, or‘(dd; or CommentsClose CommentsPermalink
‘(ee) the person or the person to whom the amounts were transferred made an electioneering communication during the election cycle involved or the previous election cycle (as defined in section 301(25))2-year period which ends on the date on which the amounts were transferred. CommentsClose CommentsPermalink
‘(II) The person shall not be considered to have transferred the amounts for the purpose of making an electioneering communication if the transfer was a commercial transaction occurring in the ordinary course of business between the person and the person to whom the amounts were transferred, unless there is affirmative evidence that the amounts were transferred for the purpose of making an electioneering communication. CommentsClose CommentsPermalink
‘(C) EXCLUSION OF AMOUNTS DESIGNATED FOR OTHER CAMPAIGN-RELATED ACTIVITY- For purposes of subparagraph (A)(i), in determining the amount of a donation or payment made by a person which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity, there shall be excluded any amount which was designated by the person to be used-- CommentsClose CommentsPermalink
‘(i) for campaign-related activity described in clause (ii) of section 325(d)(2)(A) (relating to electioneering communications) with respect to a different election, or with respect to a candidate in a different election, than an election which is the subject of any of the electioneering communications covered by the statement involved; or CommentsClose CommentsPermalink
‘(ii) for any campaign-related activity described in clause (i) of section 325(d)(2)(A) (relating to independent expenditures consisting of a public communication). CommentsClose CommentsPermalink
‘(D) COVERED ORGANIZATION REPORTING PERIOD DESCRIBED- In this paragraph, the ‘covered organization reporting period’ is, with respect to a statement filed by a covered organization under this subsection-- CommentsClose CommentsPermalink
‘(i) in the case of the first statement filed by a covered organization under this subsection which includes information required under this paragraph, the shorter of-- CommentsClose CommentsPermalink
‘(I) the period which begins on the effective date of the Democracy is Strengthened by Casting Light on Spending in Elections Act and ends on the disclosure date for the statement, or CommentsClose CommentsPermalink
‘(II) the 12-month period ending on the disclosure date for the statement; and CommentsClose CommentsPermalink
‘(ii) in the case of any subsequent statement filed by a covered organization under this subsection which includes information required under this paragraph, the period occurring since the most recent statement filed by the organization which includes such information. CommentsClose CommentsPermalink
‘(E) COVERED ORGANIZATION DEFINED- In this paragraph, the term ‘covered organization’ means any of the following: CommentsClose CommentsPermalink
‘(i) Any corporation which is subject to section 316(a). CommentsClose CommentsPermalink
‘(ii) Any labor organization (as defined in section 316). CommentsClose CommentsPermalink
‘(iii) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. CommentsClose CommentsPermalink
‘(iv) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act. CommentsClose CommentsPermalink
‘(F) OTHER DEFINITIONS- In this paragraph, the terms ‘campaign-related activity’ and ‘unrestricted donor payment’ have the meaning given such terms in section 325.’. CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT- Section 304(2) of such Act (
) is amended by striking ‘If the disbursements’ each place it appears in subparagraph (E) and (F) and inserting the following: ‘Except in the case of a statement which is required to include additional information under paragraph (6), if the disbursements’. CommentsClose CommentsPermalink 2 U.S.C. 434(f)(2)
SEC. 212. RULES REGARDING USE OF GENERAL TREASURY FUNDS BY COVERED ORGANIZATIONS FOR CAMPAIGN-RELATED ACTIVITY.
Title III of the Federal Election Campaign Act of 1971 (
‘SEC. 325. SPECIAL RULES FOR USE OF GENERAL TREASURY FUNDS BY COVERED ORGANIZATIONS FOR CAMPAIGN-RELATED ACTIVITY.
‘(a) Use of Funds for Campaign-Related Activity- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Subject to any applicable restrictions and prohibitions under this Act, a covered organization may make disbursements for campaign-related activity using-- CommentsClose CommentsPermalink
‘(A) amounts paid or donated to the organization which are designated by the person providing the amounts to be used for campaign-related activity; CommentsClose CommentsPermalink
‘(B) unrestricted donor payments made to the organization; and CommentsClose CommentsPermalink
‘(C) other funds of the organization, including amounts received pursuant to commercial activities in the regular course of a covered organization’s business. CommentsClose CommentsPermalink
‘(2) NO EFFECT ON USE OF SEPARATE SEGREGATED FUND- Nothing in this section shall be construed to affect the authority of a covered organization to make disbursements from a separate segregated fund established and administered by the organization under section 316(b)(2)(C). CommentsClose CommentsPermalink
‘(b) Mutually Agreed Restrictions on Use of Funds for Campaign-Related Activity- CommentsClose CommentsPermalink
‘(1) CERTIFICATION AFTER RECEIVING NOTIFICATION BY DONOR TO NOT USE FUNDS FOR ACTIVITY- If any person whoAGREEMENT AND CERTIFICATION- If a covered organization and a person mutually agree, at the time the person makes a donation, payment, or transfer to a covered organization (other than the covered organization) notifies the organization in writing (at the time of making the donation, payment, or transfer) that the organization maythe organization which would require the organization to disclose the person’s identification under section 304(g)(5)(A)(ii) or section 304(f)(6)(A)(ii), that the organization will not use the donation, payment, or transfer for campaign-related activity, then not later than 730 days after the organization receives the donation, payment, or transfer the organization shall transmit to the person a written certification by the chief financial officer of the covered organization (or, if the organization does not have a chief financial officer, the highest ranking financial official of the organization), under penalty of perjury, that-- CommentsClose CommentsPermalink
‘(A) the organization will not use the donation, payment, or transfer for campaign-related activity; and CommentsClose CommentsPermalink
‘(B) the organization will not include any information on the person in any report filed by the organization under section 304 with respect to independent expenditures or electioneering communications, so that the person will not be required to appear in a significant funder statement or a Top 5 Funders list under section 318(e). CommentsClose CommentsPermalink
‘(2) EXCEPTION FOR PAYMENTS MADE PURSUANT TO COMMERCIAL ACTIVITIES- Paragraph (1) does not apply with respect to any payment or transfer made pursuant to commercial activities in the regular course of a covered organization’s business. CommentsClose CommentsPermalink
‘(c) Certifications Regarding Disbursements for Campaign-Related Activity- CommentsClose CommentsPermalink
‘(1) CERTIFICATION BY CHIEF EXECUTIVE OFFICER- If, at any time during a calendar quarter, a covered organization makes a disbursement of funds for campaign-related activity using funds described in subsection (a)(1), the chief executive officer of the covered organization or the chief executive officer’s designee (or, if the organization does not have a chief executive officer, the highest ranking official of the organization), under penalty of perjury, or the highest ranking official’s designee) shall file a statement with the Commission which contains the following certifications: CommentsClose CommentsPermalink
‘(A) None of the campaign-related activity for which the organization disbursed the funds during the quarter was made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate, or political committee of a political party or agent of any political party. CommentsClose CommentsPermalink
‘(B) The chief executive officer or highest ranking official of the covered organization (as the case may be) has reviewed and approved each statement and report filed by the organization under section 304 with respect to any such disbursement made during the quarter. CommentsClose CommentsPermalink
‘(C) Each statement and report filed by the organization under section 304 with respect to any such disbursement made during the quarter is complete and accurate and does not contain an untrue statement of a material fact. CommentsClose CommentsPermalink
‘(D) All such disbursements made during the quarter are in compliance with this Act and all other applicable Federal laws. CommentsClose CommentsPermalink
‘(E) No portion of the amounts used to make any such disbursements during the quarter is attributable to funds received by the organization that were restricted by the person who provided the funds from being used for campaign-related activity pursuant to subsection (b). CommentsClose CommentsPermalink
‘(2) APPLICATION OF ELECTRONIC FILING RULES- Section 304(d)(1) shall apply with respect to a statement required under this subsection in the same manner as such section applies with respect to a statement under subsection (c) or (g) of section 304. CommentsClose CommentsPermalink
‘(3) DEADLINE- The chief executive officer or highest ranking official of a covered organization (as the case may be) shall file the statement required under this subsection with respect to a calendar quarter not later than 15 days after the end of the quarter. CommentsClose CommentsPermalink
‘(d) Definitions- For purposes of this section, the following definitions apply: CommentsClose CommentsPermalink
‘(1) COVERED ORGANIZATION- The term ‘covered organization’ means any of the following: CommentsClose CommentsPermalink
‘(A) Any corporation which is subject to section 316(a). CommentsClose CommentsPermalink
‘(B) Any labor organization (as defined in section 316). CommentsClose CommentsPermalink
‘(C) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. CommentsClose CommentsPermalink
‘(D) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act. CommentsClose CommentsPermalink
‘(2) CAMPAIGN-RELATED ACTIVITY- CommentsClose CommentsPermalink
‘(A) IN GENERAL- The term ‘campaign-related activity’ means-- CommentsClose CommentsPermalink
‘(i) an independent expenditure consisting of a public communication (as defined in section 301(22)), a transfer of funds to another person (other than the transferor itself) for the purpose of making such an independent expenditure by that person or by any other person, or (in accordance with subparagraph (B)) a transfer of funds to another person (other than the transferor itself) which is deemed to have been made for the purpose of making such an independent expenditure by that person or by any other person; or CommentsClose CommentsPermalink
‘(ii) an electioneering communication, a transfer of funds to another person (other than the transferor itself) for the purpose of making an electioneering communication by that person or by any other person, or (in accordance with subparagraph (B)) a transfer of funds to another person (other than the transferor itself)which is deemed to have been made for the purpose of making an electioneering communication by that person or by any other person. CommentsClose CommentsPermalink
‘(B) RULE FOR DEEMING TRANSFERS MADE FOR PURPOSE OF CAMPAIGN-RELATED ACTIVITY- For purposes of subparagraph (A), in determining whether a transfer of funds by one person to another person shall be deemed to have been made for the purpose of making an independent expenditure consisting of a public communication or an electioneering communication, the following rules apply: CommentsClose CommentsPermalink
‘(i) The transfer shall be deemed to have been made for the purpose of making such an independent expenditure or an electioneering communication if-- CommentsClose CommentsPermalink
‘(I) the person making the independent expenditure or electioneering communicationdesignates, requests, or suggests that the amounts be used for such independent expenditures or electioneering communications and the person to whom the amounts were transferred agrees to do so or does so; CommentsClose CommentsPermalink
‘(II) the person making such independent expenditures or electioneering communications or another person acting on that person’s behalf solicited funding from the person or from the person to whom the amounts were transferred for the purpose of making any such independent expenditures or electioneering communications,‘(expressly solicited the person for a donation or payment for making or paying for any such independent expenditure or electioneering communication; CommentsClose CommentsPermalink
‘(III) the person and the person to whom the amounts were transferred engaged in substantial discussion (whether written or verbal) regarding the making oforal discussion regarding the person either making, or donating or paying for, such independent expenditures or electioneering communications,‘(III) the; CommentsClose CommentsPermalink
‘(IV) the person or the person to whom the amounts were transferred knew or should have knownhad reason to know of the covered organization’s intent to disburse funds for campaign-related activity, or‘(IV) the person or thesuch independent expenditures or electioneering communications; or CommentsClose CommentsPermalink
‘(V) the person or the person to whom the amounts were transferred made such an independent expenditure or electioneering communication during the election cycle involved or the previous election cycle (as defined in section 301(25))2-year period which ends on the date on which the amounts were transferred. CommentsClose CommentsPermalink
‘(ii) The transfer shall not be deemed to have been made for the purpose of making such an independent expenditure or an electioneering communication if the transfer was a commercial transaction occurring in the ordinary course of business between the person and the person to whom the amounts were transferred.‘(3) , unless there is affirmative evidence that the amounts were transferred for the purpose of making such an independent expenditure or electioneering communication. CommentsClose CommentsPermalink
‘(3) UNRESTRICTED DONOR PAYMENT- The term ‘unrestricted donor payment’ means a payment to a covered organization which consists of a donation or payment from a person other than the covered organization, except that such term does not include-- CommentsClose CommentsPermalink
‘(A) any payment made pursuant to commercial activities in the regular course of a covered organization’s business; or CommentsClose CommentsPermalink
‘(B) any donation or payment which is designated by the person making the donation or payment to be used for campaign-related activity or made in response to a solicitation for funds to be used for campaign-related activity; or‘(C) any donation or payment made by a person who notifies the organization in writing (at the time of making the payment) that the organization may not use the donation or payment for campaign-related activity.’. CommentsClose CommentsPermalink
SEC. 213. OPTIONAL USE OF SEPARATE ACCOUNT BY COVERED ORGANIZATIONS FOR CAMPAIGN-RELATED ACTIVITY.
Title III of the Federal Election Campaign Act of 1971 (
‘SEC. 326. OPTIONAL USE OF SEPARATE ACCOUNT BY COVERED ORGANIZATIONS FOR CAMPAIGN-RELATED ACTIVITY.
‘(a) Optional Use of Separate Account- CommentsClose CommentsPermalink
‘(1) ESTABLISHMENT OF ACCOUNT- CommentsClose CommentsPermalink
‘(A) IN GENERAL- At its option, a covered organization may make disbursements for campaign-related activity using amounts from a bank account established and controlled by the organization to be known as the Campaign-Related Activity Account (hereafter in this section referred to as the ‘Account’), which shall be maintained separately from all other accounts of the organization and which shall consist exclusively of the deposits described in paragraph (2). CommentsClose CommentsPermalink
‘(B) MANDATORY USE OF ACCOUNT AFTER ESTABLISHMENT- If a covered organization establishes an Account under this section, it may not make disbursements for campaign-related activity from any source other than amounts from the Account. CommentsClose CommentsPermalink
‘(C) EXCLUSIVE USE OF ACCOUNT FOR CAMPAIGN-RELATED ACTIVITY- Amounts in the Account shall be used exclusively for disbursements by the covered organization for campaign-related activity. After such disbursements are made, information with respect to deposits made to the Account shall be disclosed in accordance with section 304(g)(5) or section 304(f)(6). CommentsClose CommentsPermalink
‘(2) DEPOSITS DESCRIBED- The deposits described in this paragraph are deposits of the following amounts: CommentsClose CommentsPermalink
‘(A) Amounts donated or paid to the covered organization by a person other than the organization for the purpose of being used for campaign-related activity, and for which the person providing the amounts has designated that the amounts be used for campaign-related activity with respect to a specific election or specific candidate. CommentsClose CommentsPermalink
‘(B) Amounts donated or paid to the covered organization by a person other than the organization for the purpose of being used for campaign-related activity, and for which the person providing the amounts has not designated that the amounts be used for campaign-related activity with respect to a specific election or specific candidate. CommentsClose CommentsPermalink
‘(C) Amounts donated or paid to the covered organization by a person other than the organization in response to a solicitation for funds to be used for campaign-related activity. CommentsClose CommentsPermalink
‘(D) Amounts transferred to the Account by the covered organization from other accounts of the organization, including from the organization’s general treasury funds. CommentsClose CommentsPermalink
‘(3) NO TREATMENT AS POLITICAL COMMITTEE- The establishment and administration of an Account in accordance with this subsection shall not by itself be treated as the establishment or administration of a political committee for any purpose of this Act. CommentsClose CommentsPermalink
‘(b) Reduction in Amounts Otherwise Available for Account in Response to Demand of General Donors- CommentsClose CommentsPermalink
‘(1) IN GENERAL- If a covered organization which has established an Account obtains any revenues during a year which are attributable to a donation or payment from a person other than the covered organization, and if any person who makes such a donation or payment to the organization notifies the organization in writing (at the time of making the donation or payment) that the organization may not use the donation or payment for campaign-related activity, the organization shall reduce the amount of its revenues available for deposits to the Account which are described in subsection (a)(3)(D) during the year by the amount of the donation or payment. CommentsClose CommentsPermalink
‘(2) EXCEPTION- Paragraph (1) does not apply with respect to any payment made pursuant to commercial activities in the regular course of a covered organization’s business. CommentsClose CommentsPermalink
‘(c) Covered Organization Defined- In this section, the term ‘covered organization’ means any of the following: CommentsClose CommentsPermalink
‘(1) Any corporation which is subject to section 316(a). CommentsClose CommentsPermalink
‘(2) Any labor organization (as defined in section 316). CommentsClose CommentsPermalink
‘(3) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. CommentsClose CommentsPermalink
‘(4) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act. CommentsClose CommentsPermalink
‘(d) Campaign-Related Activity Defined- In this section, the term ‘covered organizationampaign-related activity’ has the meaning given such term in section 325.’. CommentsClose CommentsPermalink
SEC. 214. MODIFICATION OF RULES RELATING TO DISCLAIMER STATEMENTS REQUIRED FOR CERTAIN COMMUNICATIONS.
(a) Applying Requirements to All Independent Expenditure Communications- Section 318(a) of the Federal Election Campaign Act of 1971 (
(b) Stand by Your Ad Requirements- CommentsClose CommentsPermalink
(1) MAINTENANCE OF EXISTING REQUIREMENTS FOR COMMUNICATIONS BY POLITICAL PARTIES AND OTHER POLITICAL COMMITTEES- Section 318(d)(2) of such Act (
(A) in the heading, by striking ‘OTHERS’ and inserting ‘POLITICAL COMMITTEES’; CommentsClose CommentsPermalink
(B) by striking ‘subsection (a)’ and inserting ‘subsection (a) which is paid for by a political committee (including a political committee of a political party), other than a political committee which makes only electioneering communications or independent expenditures consisting of public communications,’; and CommentsClose CommentsPermalink
(C) by striking ‘or other person’ each place it appears. CommentsClose CommentsPermalink
(2) SPECIAL DISCLAIMER REQUIREMENTS FOR CERTAIN COMMUNICATIONS- Section 318 of such Act (
‘(e) Communications by Others- CommentsClose CommentsPermalink
‘(1) IN GENERAL- Any communication described in paragraph (3) of subsection (a) which is transmitted through radio or television (other than a communication to which subsection (d)(2) applies because the communication is paid for by a political committee, including a political committee of a political party, other than a political committee which makes only electioneering communications or independent expenditures consisting of public communications) shall include, in addition to the requirements of that paragraph, the following: CommentsClose CommentsPermalink
‘(A) The individual disclosure statement described in paragraph (2) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (3) (if the person paying for the communication is not an individual). CommentsClose CommentsPermalink
‘(B) If the communication is an electioneering communication or an independent expenditure consisting of a public communication and is paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325, the significant funder disclosure statement described in paragraph (4) (if applicable).‘(C) If the communication is transmitted through television and is an electioneering communication or an independent expenditure , 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. CommentsClose CommentsPermalink
‘(C) If the communication is an electioneering communication or an independent expenditure consisting of a public communication and is paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325, the Top Five Funders list described in paragraph (5) (if applicable), unless, on the basis of criteria established in regulations promulgated by the Commission, the communication is of such short duration that including the Top Five Funders list 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 Top Five Funders list. CommentsClose CommentsPermalink
‘(2) INDIVIDUAL DISCLOSURE STATEMENT DESCRIBED- The individual disclosure statement described in this paragraph is the following: ‘I am XXXXXXX, and I approve this message.’, with the blank filled in with the name of the applicable individual. CommentsClose CommentsPermalink
‘(3) ORGANIZATIONAL DISCLOSURE STATEMENT DESCRIBED- The organizational disclosure statement described in this paragraph is the following: ‘I am XXXXXXX, the XXXXXXX of XXXXXXX, and XXXXXXX approves this message.’, with-- CommentsClose CommentsPermalink
‘(A) the first blank to be filled in with the name of the applicable individual; CommentsClose CommentsPermalink
‘(B) the second blank to be filled in with the title of the applicable individual; and CommentsClose CommentsPermalink
‘(C) the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication. CommentsClose CommentsPermalink
‘(4) SIGNIFICANT FUNDER DISCLOSURE STATEMENT DESCRIBED- CommentsClose CommentsPermalink
‘(A) STATEMENT IF SIGNIFICANT FUNDER IS AN INDIVIDUAL- If the significant funder of a communication paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325 is an individual, the significant funder disclosure statement described in this paragraph is the following: ‘I am XXXXXXX. I helped to pay for this message, and I approve it.’, with the blank filled in with the name of the applicable individual. CommentsClose CommentsPermalink
‘(B) STATEMENT IF SIGNIFICANT FUNDER IS NOT AN INDIVIDUAL- If the significant funder of a communication paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325 is not an individual, the significant funder disclosure statement described in this paragraph is the following: ‘I am XXXXXXX, the XXXXXXX of XXXXXXX. XXXXXXX helped to pay for this message, and XXXXXXX approves it.’, with-- CommentsClose CommentsPermalink
‘(i) the first blank to be filled in with the name of the applicable individual; CommentsClose CommentsPermalink
‘(ii) the second blank to be filled in with the title of the applicable individual; and CommentsClose CommentsPermalink
‘(iii) the third, fourth, and fifth blank each to be filled in with the name of the significant funder of the communication. CommentsClose CommentsPermalink
‘(C) SIGNIFICANT FUNDER DEFINED- CommentsClose CommentsPermalink
‘(i) INDEPENDENT EXPENDITURES- For purposes of this paragraph, the ‘significant funder’ with respect to an independent expenditure consisting of a public communication paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325 shall be determined as follows: CommentsClose CommentsPermalink
‘(I) If any report filed by any organization with respect to the independent expenditure under section 304 includes information on any person who made a payment to the organization in an amount equal to or exceeding $100,000 which was designated by the person to be used for campaign-related activity consisting of that specific independent expenditure (as required to be included in the report under section 304(g)(5)(A)(i)), the person who is identified among all such reports as making the largest such payment. CommentsClose CommentsPermalink
‘(II) If any report filed by any organization with respect to the independent expenditure under section 304 includes information on any person who made a payment to the organization in an amount equal to or exceeding $100,000 which was designated by the person to be used for campaign-related activity with respect to the same election or in support of the same candidate (as required to be included in the report under section 304(g)(5)(A)(i)) but subclause (I) does not apply, the person who is identified among all such reports as making the largest such payment. CommentsClose CommentsPermalink
‘(III) If any report filed by any organization with respect to the independent expenditure under section 304 includes information on any person who made a payment to the organization which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity (as required to be included in the report under section 304(g)(5)(A)(i)) but subclause (I) or subclause (II) does not apply, the person who is identified among all such reports as making the largest such payment. CommentsClose CommentsPermalink
‘(IV) If none of the reports filed by any organization with respect to the independent expenditure under section 304 includes information on any person (other than the organization) who made a payment to the organization which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity, but any of such reports includes information on any person who made an unrestricted donor payment to the organization (as required to be included in the report under section 304(g)(5)(A)(ii)), the person who is identified among all such reports as making the largest such unrestricted donor payment. CommentsClose CommentsPermalink
‘(ii) ELECTIONEERING COMMUNICATIONS- For purposes of this paragraph, the ‘significant funder’ with respect to an electioneering communication paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325, shall be determined as follows: CommentsClose CommentsPermalink
‘(I) If any report filed by any organization with respect to the electioneering communication under section 304 includes information on any person who made a payment to the organization in an amount equal to or exceeding $100,000 which was designated by the person to be used for campaign-related activity consisting of that specific electioneering communication (as required to be included in the report under section 304(f)(6)(A)(i)), the person who is identified among all such reports as making the largest such payment. CommentsClose CommentsPermalink
‘(II) If any report filed by any organization with respect to the electioneering communication under section 304 includes information on any person who made a payment to the organization in an amount equal to or exceeding $100,000 which was designated by the person to be used for campaign-related activity with respect to the same election or in support of the same candidate (as required to be included in the report under section 304(f)(6)(A)(i)) but subclause (I) does not apply, the person who is identified among all such reports as making the largest such payment. CommentsClose CommentsPermalink
‘(III) If any report filed by any organization with respect to the electioneering communication under section 304 includes information on any person who made a payment to the organization which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity (as required to be included in the report under section 304(f)(6)(A)(i)) but subclause (I) or subclause (II) does not apply, the person who is identified among all such reports as making the largest such payment. CommentsClose CommentsPermalink
‘(IV) If none of the reports filed by any organization with respect to the electioneering communication under section 304 includes information on any person who made a payment to the organization which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity, but any of such reports includes information on any person who made an unrestricted donor payment to the organization (as required to be included in the report under section 304(f)(6)(A)(ii)), the person who is identified among all such reports as making the largest such unrestricted donor payment. CommentsClose CommentsPermalink
‘(5) TOP 5 FUNDERS LIST DESCRIBED- With respect to a communication paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325, the Top 5 Funders list described in this paragraph is-- CommentsClose CommentsPermalink
‘(A) in the case of a disbursement for an independent expenditure consisting of a public communication, a list of the 5 persons (or, in the case of a communication transmitted through radio, the 2 persons) who provided the largest payments of any type which are required under section 304(g)(5)(A) to be included in the reports filed by any organization with respect to that independent expenditure under section 304, together with the amount of the payments each such person provided; or CommentsClose CommentsPermalink
‘(B) in the case of a disbursement for an electioneering communication, a list of the 5 persons (or, in the case of a communication transmitted through radio, the 2 persons) who provided the largest payments of any type which are required under section 304(f)(6)(A) to be included in the reports filed by any organization with respect to that electioneering communication under section 304, together with the amount of the payments each such person provided. CommentsClose CommentsPermalink
‘(6) METHOD OF CONVEYANCE OF STATEMENT- CommentsClose CommentsPermalink
‘(A) COMMUNICATIONS TRANSMITTED THROUGH RADIO- In the case of a communication to which this subsection applies which is transmitted through radio, the disclosure statements required under paragraph (1) shall be made by audio by the applicable individual in a clearly spoken manner. CommentsClose CommentsPermalink
‘(B) COMMUNICATIONS TRANSMITTED THROUGH TELEVISION- In the case of a communication to which this subsection applies which is transmitted through television, the information required under paragraph (1)-- CommentsClose CommentsPermalink
‘(i) shall 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, for a period of at least 6 seconds; and CommentsClose CommentsPermalink
‘(ii) except in the case of a Top 5 Funders list described in paragraph (5), shall also be conveyed by an unobscured, full-screen view of the applicable individual, or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual. CommentsClose CommentsPermalink
‘(7) APPLICABLE INDIVIDUAL DEFINED- In this subsection, the term ‘applicable individual’ means, with respect to a communication to which this paragraph applies-- CommentsClose CommentsPermalink
‘(A) if the communication is paid for by an individual or if the significant funder of the communication under paragraph (4) is an individual, the individual involved; CommentsClose CommentsPermalink
‘(B) if the communication is paid for by a corporation or if the significant funder of the communication under paragraph (4) is a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); CommentsClose CommentsPermalink
‘(C) if the communication is paid for by a labor organization or if the significant funder of the communication under paragraph (4) is a labor organization, the highest ranking officer of the labor organization; or CommentsClose CommentsPermalink
‘(D) if the communication is paid for by any other person or if the significant funder of the communication under paragraph (4) is any other person, the highest ranking official of such person. CommentsClose CommentsPermalink
‘(8) COVERED ORGANIZATION DEFINED- In this subsection, the term ‘covered organization’ means any of the following: CommentsClose CommentsPermalink
‘(A) Any corporation which is subject to section 316(a). CommentsClose CommentsPermalink
‘(B) Any labor organization (as defined in section 316). CommentsClose CommentsPermalink
‘(C) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. CommentsClose CommentsPermalink
‘(D) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act. CommentsClose CommentsPermalink
‘(9) OTHER DEFINITIONS- In this subsection, the terms ‘campaign-related activity’ and ‘unrestricted donor payment’ have the meaning given such terms in section 325.’. CommentsClose CommentsPermalink
(3) APPLICATION TO CERTAIN MASS MAILINGS- Section 318(a)(3) of such Act (
) is amended to read as follows: CommentsClose CommentsPermalink 2 U.S.C. 441d(a)(3) ‘(3) if not authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state-- CommentsClose CommentsPermalink
‘(A) the name and permanent street address, telephone number, or World Wide Web address of the person who paid for the communication; CommentsClose CommentsPermalink
‘(B) if the communication is an independent expenditure consisting of a mass mailing (as defined in section 301(23)) which is paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325, the name and permanent street address, telephone number, or World Wide Web address of-- CommentsClose CommentsPermalink
‘(i) the significant funder of the communication, if any (as determined in accordance with subsection (e)(4)(C)(i)); and CommentsClose CommentsPermalink
‘(ii) each person who would be included in the Top 5 Funders list 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)(5)); and CommentsClose CommentsPermalink
‘(C) that the communication is not authorized by any candidate or candidate’s committee.’. CommentsClose CommentsPermalink
(4) APPLICATION TO POLITICAL ROBOCALLS- Section 318 of such Act (
), as amended by paragraph (2), is further amended by adding at the end the following new subsection: CommentsClose CommentsPermalink 2 U.S.C. 441d ‘(f) Special Rules for Political Robocalls- CommentsClose CommentsPermalink
‘(1) REQUIRING COMMUNICATIONS TO INCLUDE CERTAIN DISCLAIMER STATEMENTS- 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: CommentsClose CommentsPermalink
‘(A) The individual disclosure statement described in subsection (e)(2) (if the person paying for the communication is an individual) or the organizational disclosure statement described in subsection (e)(3) (if the person paying for the communication is not an individual). CommentsClose CommentsPermalink
‘(B) If the communication is an electioneering communication or an independent expenditure consisting of a public communication and is paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325, the significant funder disclosure statement described in subsection (e)(4) (if applicable). CommentsClose CommentsPermalink
‘(2) TIMING OF CERTAIN STATEMENT- The statement required to be included under paragraph (1)(A) shall be made at the beginning of the political robocall. CommentsClose CommentsPermalink
‘(3) POLITICAL ROBOCALL DEFINED- In this subsection, the term ‘political robocall’ means any outbound telephone call-- CommentsClose CommentsPermalink
‘(A) in which a person is not available to speak with the person answering the call, and the call instead plays a recorded message; and CommentsClose CommentsPermalink
‘(B) which promotes, supports, attacks, or opposes a candidate for election for Federal office.’. CommentsClose CommentsPermalink
Subtitle C--Reporting Requirements for Registered Lobbyists
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Subtitle C--Reporting Requirements for Registered Lobbyists CommentsClose CommentsPermalink
SEC. 221. REQUIRING REGISTERED LOBBYISTS TO REPORT INFORMATION ON INDEPENDENT EXPENDITURES AND ELECTIONEERING COMMUNICATIONS.
(a) In General- Section 5(d)(1) of the Lobbying Disclosure Act of 1995 (
(1) by striking ‘and’ at the end of subparagraph (F); CommentsClose CommentsPermalink
(2) by redesignating subparagraph (G) as subparagraph (I); and CommentsClose CommentsPermalink
(3) by inserting after subparagraph (F) the following new subparagraphs: CommentsClose CommentsPermalink
‘(G) the amount of any independent expenditure (as defined in section 301(17) of the Federal Election Campaign Act of 1971 (
) equal to or greater than $1,000 made by such person or organization, and for each such expenditure the name of each candidate being supported or opposed and the amount spent supporting or opposing each such candidate; CommentsClose CommentsPermalink 2 U.S.C. 431(17) ‘(H) the amount of any electioneering communication (as defined in section 304(f)(3) of such Act (
) equal to or greater than $1,000 made by such person or organization, and for each such communication the name of the candidate referred to in the communication and whether the communication involved was in support of or in opposition to the candidate; and’. CommentsClose CommentsPermalink 2 U.S.C. 434(f)(3)
(b) Effective Date- The amendments made by this section shall apply with respect to reports for semiannual periods described in section 5(d)(1) of the Lobbying Disclosure Act of 1995 that begin after the date of the enactment of this Act. CommentsClose CommentsPermalink
TITLE III--DISCLOSURE BY COVERED ORGANIZATIONS OF INFORMATION ON CAMPAIGN-RELATED ACTIVITY
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TITLE III--DISCLOSURE BY COVERED ORGANIZATIONS OF INFORMATION ON CAMPAIGN-RELATED ACTIVITY CommentsClose CommentsPermalink
SEC. 301. REQUIRING DISCLOSURE BY COVERED ORGANIZATIONS OF INFORMATION ON CAMPAIGN-RELATED ACTIVITY.
Title III of the Federal Election Campaign Act of 1971 (
‘SEC. 327. DISCLOSURES BY COVERED ORGANIZATIONS TO SHAREHOLDERS, MEMBERS, AND DONORS OF INFORMATION ON DISBURSEMENTS FOR CAMPAIGN-RELATED ACTIVITY.
‘(a) Including Information in Regular Periodic Reports- CommentsClose CommentsPermalink
‘(1) IN GENERAL- A covered organization which submits regular, periodic reports to its shareholders, members, or donors on its finances or activities shall include in each such report the information described in paragraph (2) with respect to the disbursements made by the organization for campaign-related activity during the period covered by the report. CommentsClose CommentsPermalink
‘(2) INFORMATION DESCRIBED- The information described in this paragraph is, for each disbursement for campaign-related activity-- CommentsClose CommentsPermalink
‘(A) the date of the independent expenditure or electioneering communication involved; CommentsClose CommentsPermalink
‘(B) the amount of the independent expenditure or electioneering communication involved; CommentsClose CommentsPermalink
‘(C) the name of the candidate identified in the independent expenditure or electioneering communication involved, the office sought by the candidate, and (if applicable) whether the independent expenditure or electioneering communication involved was in support of or in opposition to the candidate; CommentsClose CommentsPermalink
‘(D) in the case of a transfer of funds to another person, the information required by subparagraphs (A) through (C), as well as the name of the recipient of the funds and the date and amount of the funds transferred; CommentsClose CommentsPermalink
‘(E) the source of such funds; and CommentsClose CommentsPermalink
‘(F) such other information as the Commission determines is appropriate to further the purposes of this subsection. CommentsClose CommentsPermalink
‘(b) Public Dissemination of Certain InformatHyperlink to Information Included in Reports Filed With Commission- CommentsClose CommentsPermalink
‘(1) INFORMATION INCLUDED IN REPORTS-‘(A) REQUIRING DISSEMINATIONPOSTING OF HYPERLINK- If a covered organization maintains an Internet site, the organization shall post on such Internet site, in a machine-readable, searchable, sortable, and downloadable manner and through a direct link from the homepage of the organization, the following information:‘(i a hyperlink from its homepage to the location on the Internet site of the Commission which contains the following information: CommentsClose CommentsPermalink
‘(A) The information the organization is required to report under section 304(g)(5)(A) with respect to public independent expenditures. CommentsClose CommentsPermalink
‘(iiB) The information the organization is required to include in a statement of disbursements for electioneering communications under section 304(f)(6). CommentsClose CommentsPermalink
‘(B2) DEADLINE; DURATION OF POSTING- The covered organization shall post the information described in subparagraph (Ahyperlink described in paragraph (1) not later than 24 hours after the organization files the information with the Commission under the applicable provision of this Act, and shall ensure that the informationCommission posts the information described in such paragraph on the Internet site of the Commission, and shall ensure that the hyperlink remains on the website Internet site of the covered organization until the expiration of the 1-year period which begins on the date of the election with respect to which the public independent expenditures or electioneering communications are made. CommentsClose CommentsPermalink
‘(2) INFORMATION ON BREAKDOWN OF DISBURSEMENTS AMONG TYPES OF RECIPIENTS-
‘(A) REQUIRING DISSEMINATION- If a covered organization maintains an Internet site, the organization shall post on such Internet site, in a machine-readable, searchable, sortable, and downloadable manner and through a direct link from the homepage of the organization, the following information with respect to the aggregate amount of disbursements made by the organization for campaign-related activity during a calendar year:
‘(i) A breakdown by political party of the total amount disbursed in support of and in opposition to candidates of each political party.
‘(ii) The total amount disbursed in support of or opposition to--
‘(I) incumbent candidates;
‘(II) candidates challenging incumbent candidates; and
‘(III) candidates for election to an office for which no incumbent is seeking re-election.
‘(B) DEADLINE; DURATION OF POSTING- A covered organization shall post the information described in subparagraph (A) with respect to a calendar year not later than the first January 31 which follows that calendar year, and shall ensure that the information remains on the website until the end of the calendar year in which the information is posted.
‘(c) Covered Organization Defined- In this section, the term ‘covered organization’ means any of the following: CommentsClose CommentsPermalink
‘(1) Any corporation which is subject to section 316(a). CommentsClose CommentsPermalink
‘(2) Any labor organization (as defined in section 316). CommentsClose CommentsPermalink
‘(3) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code. CommentsClose CommentsPermalink
‘(4) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act.’. CommentsClose CommentsPermalink
TITLE IV--OTHER PROVISIONS
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TITLE IV--OTHER PROVISIONS CommentsClose CommentsPermalink
SEC. 401. JUDICIAL REVIEW.
(a) Special Rules for Actions Brought on Constitutional Grounds- If any action is brought for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act or any amendment made by this Act, the following rules shall apply: CommentsClose CommentsPermalink
(1) The action shall be filed in the United States District Court for the District of Columbia, and an appeal from a decision of the District Court may be taken to the Court of Appeals for the District of Columbia Circuit. CommentsClose CommentsPermalink
(2) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate. CommentsClose CommentsPermalink
(3) It shall be the duty of the United States District Court for the District of Columbia, the Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal. CommentsClose CommentsPermalink
(b) Intervention by Members of Congress- In any action in which the constitutionality of any provision of this Act or any amendment made by this Act is raised, any member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision or amendment. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require intervenors taking similar positions to file joint papers or to be represented by a single attorney at oral argument. CommentsClose CommentsPermalink
(c) Challenge by Members of Congress- Any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act or any amendment made by this Act. CommentsClose CommentsPermalink
SEC. 402. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding. CommentsClose CommentsPermalink
SEC. 403. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by this Act shall take effect upon the expiration of the 30-day period which begins on the date of the enactment of this Act, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments. CommentsClose CommentsPermalink
Union Calendar No. 280CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
2d SessionCommentsClose CommentsPermalink
H. R. 5175CommentsClose CommentsPermalink
[Report No. 111-492, Part I]CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To amend the Federal Election Campaign Act of 1971 to prohibit foreign influence in Federal elections, to prohibit government contractors from making expenditures with respect to such elections, and to establish additional disclosure requirements with respect to spending in such elections, and for other purposes.CommentsClose CommentsPermalink
May 25, 2010CommentsClose CommentsPermalink
May 25, 2010CommentsClose CommentsPermalink
Reported from the Committee on House Administration with an amendmentCommentsClose CommentsPermalink
May 25, 2010CommentsClose CommentsPermalink
May 25, 2010CommentsClose CommentsPermalink
Committee on the Judiciary discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printedCommentsClose CommentsPermalink
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