Democracy is Strengthened by Casting Light on Spending in Elections Act or DISCLOSE Act - Title I: Regulation of Certain Political Spending - (Sec. 101) Amends the Federal Election Campaign Act of 1971 (FECA) to prohibit: (1) independent expenditures and payments for electioneering communications by government contractors if the value of the contract is at least $10 million; (2) recipients of assistance under the Troubled Asset Relief Program (TARP) of the Emergency Economic Stabilization Act of 2008 (EESA) from making any contribution to any political party, committee, or candidate for public office, or to any person for any political purpose or use, or from making any independent expenditure or disbursing any funds for an electioneering communication; and (3) persons who enter into negotiations for an oil or gas exploration, development, or production lease under the Outer Continental Shelf Lands Act from making any contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use, or from making any independent expenditure or disbursing any funds for an electioneering communication.
(Sec. 102) Applies the ban on contributions and expenditures by foreign nationals to foreign-controlled domestic corporations.
Requires the highest ranking official of a corporation, before making any contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication in connection with a federal election, to file a certification with the Federal Election Commission (FEC), if this has not been done already, that the corporation is not prohibited from carrying out such activity.
Declares that nothing prohibits any domestic corporation from establishing, administering, and soliciting contributions to a separate segregated fund, so long as: (1) none of the amounts in the fund are provided by any prohibited foreign national; and (2) no such foreign national has the power to direct, dictate, or control the fund.
Declares that nothing prohibits any domestic corporation from making a contribution or donation in connection with a state or local election to the extent permitted under state or local law, so long as no foreign national has the power to direct, dictate, or control such contribution or donation.
Declares that nothing prohibits any domestic corporation from carrying out certain activities, so long as: (1) none of the amounts used to carry out such activities are provided by any prohibited foreign national; and (2) no prohibited foreign national has the power to direct, dictate, or control such activity.
(Sec. 103) Treats as contributions: (1) any payments by any person (except a candidate, a candidate's authorized committee, or a political committee of a political party) for coordinated communications; and (2) political party communications made on behalf of candidates if made under the control or direction of a candidate or a candidate's authorized committee.
Defines "coordinated communication" as: (1) a publicly distributed or disseminated communication referring to a candidate or an opponent of such candidate which is made during a specified election period in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, a candidate's authorized committee, or a political committee of a political party; or (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, a candidate's authorized committee, or their agents.
Excludes from the meaning of "coordinated communication": (1) 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 (2) a communication which constitutes a candidate debate or forum.`
Repeals the prohibition against contributions by individuals age 17 or younger.
(Sec. 105) Prohibits a communication which is disseminated through the Internet from being treated as a form of general public political advertising unless the communication was placed for a fee on another person's website.
Title II: Promoting Effective Disclosure of Campaign-Related Activity - Subtitle A: Treatment of Independent Expenditures and Electioneering Communications Made by All Persons - (Sec. 201) Revises the definition of independent expenditure to mean, in part, an expenditure 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.
Requires any person making independent expenditures exceeding $10,000 to: (1) file a report electronically within 24 hours; and (2) file a new report electronically each time the person makes or contracts to make independent expenditures in an aggregate amount equal to or greater than $10,000 (or $1,000, if less than 20 days before an election) with respect to the same election.
(Sec. 202) Increases from 60 days to 120 days the period before a general election during which a communication shall be considered an electioneering communication.
(Sec. 203) Requires mandatory electronic filing by persons making independent expenditures or electioneering communications exceeding $10,000 at any time.
Subtitle B: Expanded Requirements for Corporations and Other Organizations - (Sec. 211) Requires corporations, labor organizations, tax-exempt charitable organizations, and political organizations other than political committees (covered organizations) to include specified additional information in reports on independent expenditures of at least $10,000, including certain actual or deemed transfers of money to other persons, but excluding amounts paid from separate segregated funds as well as amounts designated for specified campaign-related activities. Requires certain additional information in electioneering communication reports.
Prescribes special rules for transfers aggregating at least $50,000 between covered organizations treated as transfers between affiliates, including transfers to affiliated tax-exempt charitable organizations.
(Sec. 212) Sets forth special rules for the use of general treasury funds by covered organizations for campaign-related activity, including both designated and unrestricted donor payments to an organization.
Authorizes mutually agreed restrictions on the use of donated funds for campaign-related activity between a covered organization and a person who does not want his or her identity disclosed in a significant funder statement or a Top 5 Funders list.
Prescribes special rules for transfers aggregating at least $50,000 between covered organizations treated as transfers between affiliates, including transfers to affiliated tax-exempt charitable organizations.
(Sec. 213) Authorizes covered organizations to make optional use of a separate Campaign-Related Activity Account for making disbursements for campaign-related activity. Requires such an Account to be reduced by the amount of organization revenues attributable to donations or payments from a person other than the covered organization who has an agreement with the organization that it will not use such donations or payments for campaign related activity.
(Sec. 214) Requires any electioneering communication transmitted through radio or television which is paid for by a political committee (including a political committee of a political party), other than a political committee which receives or accepts contributions or donations which do not comply with the contribution limits or source prohibitions of FECA, to include an audio statement identifying the name of the political committee responsible.
Prescribes additional information to be included in certain radio or television electioneering communications by persons (including significant funders of campaign-related communications of a covered organization) other than a candidate, a candidate's authorized committee, or a political committee of a political party.
Prescribes a format for the individual disclosure statement.
(Sec. 215) Indexes certain amounts under FECA.
Subtitle C: Reporting Requirements for Registered Lobbyists - (Sec. 221) Amends the Lobbying Disclosure Act of 1995 to require registered lobbyists to report information on independent expenditures or electioneering communications of at least $1,000 to the Secretary of the Senate and the Clerk of the House of Representatives.
Title III: Disclosure by Covered Organizations of Information on Campaign Related Activity - (Sec. 301) Requires covered organizations to disclose to shareholders, members, or donors information on disbursements for campaign-related activity.
Requires a covered organization that maintains an Internet site to post on it a hyperlink from its homepage to the location on the FEC website containing information required to be reported with respect to public independent expenditures, including disbursements for electioneering communications.
Title IV: Other Provisions - (Sec. 401) Authorizes judicial review of the provisions of this Act by the U.S. District Court for the District of Columbia, and on appeal by the Court of Appeals for the District of Columbia Circuit.
Grants Members of Congress the right to: (1) bring an action to challenge the constitutionality of a provision of this Act; or (2) intervene in any action challenging the constitutionality of a provision of this Act, either in support of or opposition to the position of a party to the case.
(Sec. 402) Declares that nothing in this Act shall be construed to affect any provision of law, rule, or regulation which waives a requirement to disclose information relating to any person in any case in which there is a reasonable probability that the information disclosure would subject the person to threats, harassments, or reprisals.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5175 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5175
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 29, 2010
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 concerned
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--REGULATION OF CERTAIN POLITICAL SPENDING
Sec. 101. Prohibiting independent expenditures and electioneering
communications by government contractors.
Sec. 102. Application of ban on contributions and expenditures by
foreign nationals to foreign-controlled
domestic corporations.
Sec. 103. Treatment of payments for coordinated communications as
contributions.
Sec. 104. Treatment of political party communications made on behalf of
candidates.
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.
Sec. 202. Electioneering communications.
Subtitle B--Expanded Requirements for Corporations and Other
Organizations
Sec. 211. Additional information required to be included in reports on
disbursements by covered organizations.
Sec. 212. Rules regarding use of general treasury funds by covered
organizations for campaign-related
activity.
Sec. 213. Optional use of separate account by covered organizations for
campaign-related activity.
Sec. 214. Modification of rules relating to disclaimer statements
required for certain communications.
Subtitle C--Reporting Requirements for Registered Lobbyists
Sec. 221. Requiring registered lobbyists to report information on
independent expenditures and electioneering
communications.
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.
TITLE IV--OTHER PROVISIONS
Sec. 401. Judicial review.
Sec. 402. Severability.
Sec. 403. Effective date.
SEC. 2. FINDINGS.
(a) General Findings.--Congress finds and declares as follows:
(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 to 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).
(2) The Supreme Court's decision in Citizens 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 for
corporations and labor unions to spend unlimited sums from
their general treasury accounts to influence the outcome of
elections.
(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.
(b) Findings Relating to Government Contractors.--Congress finds
and declares as follows:
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(c) Findings Relating to Foreign Corporations.--Congress finds and
declares as follows:
(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.
(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.
(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.
(4) The Federal Government has broad constitutional power
to protect American interests and sovereignty from foreign
interference and intrusion.
(5) Congress has a clear interest in minimizing foreign
intervention, and the perception of foreign intervention, in
United States elections.
(d) Findings Relating to Coordinated Expenditures.--Congress finds
and declares as follows:
(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.
(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.
(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.
(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.
(e) Findings Relating to Disclosures and Disclaimers.--Congress
finds and declares as follows:
(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.
(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.
(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.
(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.
(f) Findings Relating to Campaign Spending by Lobbyists.--Congress
finds and declares as follows:
(1) Lobbyists and lobbying organizations, and through them,
their clients, influence the public decision-making process in
a variety of ways.
(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.
(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.
(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.
TITLE I--REGULATION OF CERTAIN POLITICAL SPENDING
SEC. 101. PROHIBITING INDEPENDENT EXPENDITURES AND ELECTIONEERING
COMMUNICATIONS BY GOVERNMENT CONTRACTORS.
(a) Prohibition Applicable to Government Contractors.--
(1) Prohibition.--
(A) In general.--Section 317(a)(1) of the Federal
Election Campaign Act (2 U.S.C. 441c(a)(1)) is amended
by striking ``purpose or use; or'' and inserting the
following: ``purpose or use, to make any independent
expenditure, or to disburse any funds for an
electioneering communication; or''.
(B) Conforming amendment.--The heading of section
317 of such Act (2 U.S.C. 441c) is amended by striking
``contributions'' and inserting ``contributions,
independent expenditures, and electioneering
communications''.
(2) Threshold for application of ban.--Section 317 of such
Act (2 U.S.C. 441c) is amended--
(A) by redesignating subsections (b) and (c) as
subsections (c) and (d); and
(B) by inserting after subsection (a) the following
new subsection:
``(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 $50,000.''.
(b) Application to Recipients of Assistance Under Troubled Asset
Program.--Section 317(a) of such Act (2 U.S.C. 441c(a)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) who enters into negotiations for financial assistance
under title I of the Emergency Economic Stabilization Act of
2008 (12 U.S.C. 5211 et seq.) (relating to the purchase of
troubled assets by the Secretary of the Treasury), during the
period--
``(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
``(B) ending with the later of the termination of
such negotiations or the repayment of such financial
assistance;
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''.
(c) Technical Amendment.--Section 317 of such Act (2 U.S.C. 441c)
is amended by striking ``section 321'' each place it appears and
inserting ``section 316''.
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 (2 U.S.C. 441e(b)) is amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) any corporation which is not a foreign national
described in paragraph (1) and--
``(A) in which a foreign national described in
paragraph (1) or (2) directly or indirectly owns 20
percent or more of the voting shares;
``(B) with respect to which the majority of the
members of the board of directors are foreign nationals
described in paragraph (1) or (2);
``(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
``(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--
``(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
``(ii) the administration of a political
committee established or maintained by the
corporation.''.
(b) Certification of Compliance.--Section 319 of such Act (2 U.S.C.
441e) is amended by adding at the end the following new subsection:
``(c) Certification of Compliance Required Prior to Carrying Out
Activity.--Prior to the making 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.''.
(c) No Effect on Other Laws.--Section 319 of such Act (2 U.S.C.
441e), as amended by subsection (b), is further amended by adding at
the end the following new subsection:
``(d) 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.''.
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 (2 U.S.C. 431(8)(A)) is amended--
(1) by striking ``or'' at the end of clause (i);
(2) by striking the period at the end of clause (ii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(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).''.
(b) Coordinated Communications Described.--Section 324 of such Act
(2 U.S.C. 431 et seq.) is amended to read as follows:
``SEC. 324. COORDINATED COMMUNICATIONS.
``(a) Coordinated Communications Defined.--For purposes of this
Act, the term `coordinated communication' means--
``(1) a covered communication which 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
``(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.
``(b) Covered Communication Defined.--
``(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 that refers to a clearly identified candidate for
Federal office and is publicly distributed or publicly
disseminated during such period.
``(2) Applicable election period.--For purposes of
paragraph (1), the `applicable election period' with respect to
a communication means--
``(A) in the case of a communication which refers
to a candidate for the office of President or Vice
President, the period--
``(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
``(ii) ending with the date of the general
election for such office; or
``(B) in the case of a communication which refers
to a candidate for any other Federal office, the
period--
``(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
``(ii) ending with the date of the general
election for such office.
``(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.
``(4) Exception.--The term `covered communication' does not
include--
``(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
``(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.
``(c) 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.''.
(c) Effective Date.--
(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.
(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.
SEC. 104. TREATMENT OF POLITICAL PARTY COMMUNICATIONS MADE ON BEHALF OF
CANDIDATES.
(a) Treatment of Payment for Communication as Contribution if Made
Under Control or Direction of Candidate.--Section 301(8)(A) of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(A)), as amended
by section 103(a), is amended--
(1) by striking ``or'' at the end of clause (ii);
(2) by striking the period at the end of clause (iii) and
inserting ``; or''; and
(3) by adding at the end the following new clause:
``(iv) any payment by a political committee of a
political party for the direct costs of a communication
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.''.
(b) Requiring Control or Direction by Candidate for Treatment as
Coordinated Party Expenditure.--
(1) In general.--Paragraph (4) of section 315(d) of such
Act (2 U.S.C. 441a(d)) is amended to read as follows:
``(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.''.
(2) Conforming amendment.--Paragraph (1) of section 315(d)
of such Act (2 U.S.C. 441a(d)) is amended by striking
``paragraphs (2), (3), and (4)'' and inserting ``paragraphs (2)
and (3)''.
(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.
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.
(a) Revision of Definition.--Subparagraph (A) of section 301(17) of
the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)) is amended
to read as follows:
``(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''.
(b) Uniform 24-Hour Reporting For Persons Making Independent
Expenditures Exceeding $10,000 at Any Time.--Section 304(g) of such Act
(2 U.S.C. 434(g)) is amended by striking paragraphs (1) and (2) and
inserting the following:
``(1) Independent expenditures exceeding threshold
amount.--
``(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 file a report describing the
expenditures within 24 hours.
``(B) Additional reports.--After a person files a
report under subparagraph (A), the person shall 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.
``(2) Threshold amount described.--In paragraph (1), the
`threshold amount' means--
``(A) during the period up to and including the
20th day before the date of an election, $10,000; or
``(B) during the period after the 20th day, but
more than 24 hours, before the date of an election,
$1,000.''.
(c) Effective Date.--
(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.
(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.
SEC. 202. ELECTIONEERING COMMUNICATIONS.
(a) Period During Which Communications Treated as Electioneering
Communications.--
(1) Expansion of period covering general election.--Section
304(f)(3)(A)(i)(II)(aa) of the Federal Election Campaign Act of
1971 (2 U.S.C. 434(f)(3)(A)(i)(II)(aa)) is amended by striking
``60 days'' and inserting ``120 days''.
(2) Effective date; transition for communications made
prior to enactment.--The amendment made by paragraph (1) 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 (1)) unless the communication
would be treated as an electioneering communication under such
section if the amendment made by paragraph (1) did not apply.
(b) Requiring Reports To Include Information on Intended Target of
Communications.--Section 304(f)(2)(D) of such Act (2 U.S.C.
434(f)(2)(D)) is amended--
(1) by striking ``and the names'' and inserting ``, the
names''; and
(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 end.
Subtitle B--Expanded Requirements for Corporations and Other
Organizations
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 (2 U.S.C. 434(g)) is amended by adding at
the end the following new paragraph:
``(5) Disclosure of additional information by covered
organizations making payments for public independent
expenditures.--
``(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:
``(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--
``(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
``(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.
``(ii) The identification of each person
who made unrestricted donor payments to the
organization during the covered organization
reporting period--
``(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
``(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),
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).
``(B) Treatment of transfers made to other
persons.--
``(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 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 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.
``(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:
``(I) The person shall be deemed to
have transferred the amounts for the
purpose of making a public independent
expenditure if--
``(aa) 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 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 knew or should have
known of the covered
organization's intent to make
public independent
expenditures, or
``(dd) 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)).
``(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.
``(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--
``(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
``(ii) for any campaign-related activity
described in clause (ii) of section
325(d)(2)(A) (relating to electioneering
communications).
``(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).
``(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--
``(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--
``(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
``(II) the 12-month period ending
on the last day covered by the report;
and
``(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.
``(F) Covered organization defined.--In this
paragraph, the term `covered organization' means any of
the following:
``(i) Any corporation which is subject to
section 316(a).
``(ii) Any labor organization (as defined
in section 316).
``(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.
``(iv) Any political organization under
section 527 of the Internal Revenue Code of
1986, other than a political committee under
this Act.
``(G) Other definitions.--In this paragraph--
``(i) the terms `campaign-related activity'
and `unrestricted donor payment' have the
meaning given such terms in section 325; and
``(ii) the term `public independent
expenditure' means an independent expenditure
for a public communication (as defined in
section 301(22)).''.
(b) Electioneering Communication Reports.--
(1) In general.--Section 304(f) of such Act (2 U.S.C.
434(f)) is amended--
(A) by redesignating paragraphs (6) and (7) as
paragraphs (7) and (8); and
(B) by inserting after paragraph (5) the end the
following new paragraph:
``(6) Disclosure of additional information by covered
organizations.--
``(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:
``(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--
``(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
``(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.
``(ii) The identification of each person
who made unrestricted donor payments to the
organization during the covered organization
reporting period--
``(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
``(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),
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).
``(B) Treatment of transfers made to other
persons.--
``(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 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 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.
``(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:
``(I) The person shall be deemed to
have transferred the amounts for the
purpose of making an electioneering
communication if--
``(aa) 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
electioneering communications,
``(bb) 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 knew or should have
known of the covered
organization's intent to make
electioneering communications,
or
``(dd) 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)).
``(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.
``(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--
``(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
``(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).
``(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--
``(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--
``(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
``(II) the 12-month period ending
on the disclosure date for the
statement; and
``(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.
``(E) Covered organization defined.--In this
paragraph, the term `covered organization' means any of
the following:
``(i) Any corporation which is subject to
section 316(a).
``(ii) Any labor organization (as defined
in section 316).
``(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.
``(iv) Any political organization under
section 527 of the Internal Revenue Code of
1986, other than a political committee under
this Act.
``(F) Other definitions.--In this paragraph, the
terms `campaign-related activity' and `unrestricted
donor payment' have the meaning given such terms in
section 325.''.
(2) Conforming amendment.--Section 304(2) of such Act (2
U.S.C. 434(f)(2)) 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''.
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 (2 U.S.C.
431 et seq.) is amended by adding at the end the following new section:
``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.--
``(1) In general.--Subject to any applicable restrictions
and prohibitions under this Act, a covered organization may
make disbursements for campaign-related activity using--
``(A) amounts paid or donated to the organization
which are designated by the person providing the
amounts to be used for campaign-related activity;
``(B) unrestricted donor payments made to the
organization; and
``(C) other funds of the organization, including
amounts received pursuant to commercial activities in
the regular course of a covered organization's
business.
``(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).
``(b) Restrictions on Use of Funds for Campaign-Related Activity.--
``(1) Certification after receiving notification by donor
to not use funds for activity.--If any person who 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 may not use the donation,
payment, or transfer for campaign-related activity, not later
than 7 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--
``(A) the organization will not use the donation,
payment, or transfer for campaign-related activity; and
``(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).
``(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.
``(c) Certifications Regarding Disbursements for Campaign-Related
Activity.--
``(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, if the organization does not have
a chief executive officer, the highest ranking official of the
organization), under penalty of perjury, shall file a statement
with the Commission which contains the following
certifications:
``(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.
``(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.
``(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.
``(D) All such disbursements made during the
quarter are in compliance with this Act and all other
applicable Federal laws.
``(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).
``(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.
``(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.
``(d) Definitions.--For purposes of this section, the following
definitions apply:
``(1) Covered organization.--The term `covered
organization' means any of the following:
``(A) Any corporation which is subject to section
316(a).
``(B) Any labor organization (as defined in section
316).
``(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.
``(D) Any political organization under section 527
of the Internal Revenue Code of 1986, other than a
political committee under this Act.
``(2) Campaign-related activity.--
``(A) In general.--The term `campaign-related
activity' means--
``(i) an independent expenditure consisting
of a public communication (as defined in
section 301(22)), a transfer of funds to
another person 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 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
``(ii) an electioneering communication, a
transfer of funds to another person 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
which is deemed to have been made for the
purpose of making an electioneering
communication by that person or by any other
person.
``(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:
``(i) The transfer shall be deemed to have
been made for the purpose of making such an
independent expenditure or an electioneering
communication if--
``(I) the person making the
independent expenditure or
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 the purpose of
making any such independent
expenditures or electioneering
communications,
``(II) the person and the person to
whom the amounts were transferred
engaged in substantial discussion
(whether written or verbal) regarding
the making of such independent
expenditures or electioneering
communications,
``(III) the person or the person to
whom the amounts were transferred knew
or should have known of the covered
organization's intent to disburse funds
for campaign-related activity, or
``(IV) 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)).
``(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) 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--
``(A) any payment made pursuant to commercial
activities in the regular course of a covered
organization's business;
``(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.''.
SEC. 213. OPTIONAL USE OF SEPARATE ACCOUNT BY COVERED ORGANIZATIONS FOR
CAMPAIGN-RELATED ACTIVITY.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by section 212, is further amended by adding
at the end the following new section:
``SEC. 326. OPTIONAL USE OF SEPARATE ACCOUNT BY COVERED ORGANIZATIONS
FOR CAMPAIGN-RELATED ACTIVITY.
``(a) Optional Use of Separate Account.--
``(1) Establishment of account.--
``(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).
``(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.
``(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).
``(2) Deposits described.--The deposits described in this
paragraph are deposits of the following amounts:
``(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.
``(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.
``(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.
``(D) Amounts transferred to the Account by the
covered organization from other accounts of the
organization, including from the organization's general
treasury funds.
``(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.
``(b) Reduction in Amounts Otherwise Available for Account in
Response to Demand of General Donors.--
``(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.
``(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.
``(c) Covered Organization Defined.--In this section, the term
`covered organization' means any of the following:
``(1) Any corporation which is subject to section 316(a).
``(2) Any labor organization (as defined in section 316).
``(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.
``(4) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political committee
under this Act.
``(d) Campaign-Related Activity Defined.--In this section, the term
`covered organization' has the meaning given such term in section
325.''.
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 (2 U.S.C. 441d(a)) is amended by striking ``for the purpose of
financing communications expressly advocating the election or defeat of
a clearly identified candidate'' and inserting ``for an independent
expenditure consisting of a public communication''.
(b) Stand by Your Ad Requirements.--
(1) Maintenance of existing requirements for communications
by political parties and other political committees.--Section
318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is amended--
(A) in the heading, by striking ``others'' and
inserting ``political committees'';
(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)''; and
(C) by striking ``or other person'' each place it
appears.
(2) Special disclaimer requirements for certain
communications.--Section 318 of such Act (2 U.S.C. 441d) is
amended by adding at the end the following new subsection:
``(e) Communications by Others.--
``(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) shall include, in addition to the requirements
of that paragraph, the following:
``(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).
``(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 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.
``(2) Individual disclosure statement described.--The
individual disclosure statement described in this paragraph is
the following: `I am _______, and I approve this message.',
with the blank filled in with the name of the applicable
individual.
``(3) Organizational disclosure statement described.--The
organizational disclosure statement described in this paragraph
is the following: `I am _______, the _______ of _______, and
_______ approves this message.', with--
``(A) the first blank to be filled in with the name
of the applicable individual;
``(B) the second blank to be filled in with the
title of the applicable individual; and
``(C) the third and fourth blank each to be filled
in with the name of the organization or other person
paying for the communication.
``(4) Significant funder disclosure statement described.--
``(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 _______. I helped to pay for this
message, and I approve it.', with the blank filled in
with the name of the applicable individual.
``(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 _______, the _______ of
_______. _______ helped to pay for this message, and
_______ approves it.', with--
``(i) the first blank to be filled in with
the name of the applicable individual;
``(ii) the second blank to be filled in
with the title of the applicable individual;
and
``(iii) the third, fourth, and fifth blank
each to be filled in with the name of the
significant funder of the communication.
``(C) Significant funder defined.--
``(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:
``(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.
``(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.
``(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.
``(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.
``(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:
``(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.
``(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.
``(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.
``(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.
``(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--
``(A) in the case of a disbursement for an
independent expenditure consisting of a public
communication, a list of the 5 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
``(B) in the case of a disbursement for an
electioneering communication, a list of the 5 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.
``(6) Method of conveyance of statement.--
``(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.
``(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)--
``(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
``(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.
``(7) Applicable individual defined.--In this subsection,
the term `applicable individual' means, with respect to a
communication to which this paragraph applies--
``(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;
``(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);
``(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
``(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.
``(8) Covered organization defined.--In this subsection,
the term `covered organization' means any of the following:
``(A) Any corporation which is subject to section
316(a).
``(B) Any labor organization (as defined in section
316).
``(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.
``(D) Any political organization under section 527
of the Internal Revenue Code of 1986, other than a
political committee under this Act.
``(9) Other definitions.--In this subsection, the terms
`campaign-related activity' and `unrestricted donor payment'
have the meaning given such terms in section 325.''.
Subtitle C--Reporting Requirements for Registered Lobbyists
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 (2 U.S.C. 1604(d)(1)) is amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) by redesignating subparagraph (G) as subparagraph (I);
and
(3) by inserting after subparagraph (F) the following new
subparagraphs:
``(G) the amount of any independent expenditure (as
defined in section 301(17) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(17)) 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;
``(H) the amount of any electioneering
communication (as defined in section 304(f)(3) of such
Act (2 U.S.C. 434(f)(3)) 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''.
(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.
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.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.), as amended by section 213, is amended by adding at the
end the following new section:
``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.--
``(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.
``(2) Information described.--The information described in
this paragraph is, for each disbursement for campaign-related
activity--
``(A) the date of the independent expenditure or
electioneering communication involved;
``(B) the amount of the independent expenditure or
electioneering communication involved;
``(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;
``(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;
``(E) the source of such funds; and
``(F) such other information as the Commission
determines is appropriate to further the purposes of
this subsection.
``(b) Public Dissemination of Certain Information.--
``(1) Information included in reports.--
``(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:
``(i) The information the organization is
required to report under section 304(g)(5)(A)
with respect to public independent
expenditures.
``(ii) The information the organization is
required to include in a statement of
disbursements for electioneering communications
under section 304(f)(6).
``(B) Deadline; duration of posting.--The covered
organization shall post the information described in
subparagraph (A) 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 information remains on the website
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.
``(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:
``(1) Any corporation which is subject to section 316(a).
``(2) Any labor organization (as defined in section 316).
``(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.
``(4) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political committee
under this Act.''.
TITLE IV--OTHER PROVISIONS
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:
(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.
(2) A copy of the complaint shall be delivered promptly to
the Clerk of the House of Representatives and the Secretary of
the Senate.
(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.
(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.
(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.
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.
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.
<all>
DEBATE - Pursuant to the provisions of H.Res. 1468, the Committee of the Whole proceeded with 10 minutes of debate on the Ackerman amendment.
DEBATE - Pursuant to the provisions of H.Res. 1468, the Committee of the Whole proceeded with 10 minutes of debate on the King (IA) amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the King (IA) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. King (IA) demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
DEBATE - Pursuant to the provisions of H.Res. 1468, the Committee of the Whole proceeded with 10 minutes of debate on the Kucinich amendment.
DEBATE - Pursuant to the provisions of H.Res. 1468, the Committee of the Whole proceeded with 10 minutes of debate on the Pascrell amendment.
DEBATE - Pursuant to the provisions of H.Res. 1468, the Committee of the Whole proceeded with 10 minutes of debate on the Patrick Murphy amendment.
POSTPONED PROCEEDINGS - At the conclusion of debate on the Patrick Murphy amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Patrick Murphy demanded a recorded vote and the Chair postponed further proceedings on the question of adoption of the amendment until later in the legislative day.
UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question on adoption of amendments which had been debated earlier and on which further proceedings had been postponed.
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The House rose from the Committee of the Whole House on the state of the Union to report H.R. 5175.
The previous question was ordered pursuant to the rule. (consideration: CR H4825)
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (text: CR H4806-4816)
Mr. Lungren, Daniel E. moved to recommit with instructions to House Administration. (consideration: CR H4825-4828; text: CR H4825-4826)
DEBATE - The House proceeded with 10 minutes of debate on the motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to strike section 401 of the Bill and replace it with entirely new text.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H4827)
On motion to recommit with instructions Failed by recorded vote: 208 - 217 (Roll no. 390).
Roll Call #390 (House)Passed/agreed to in House: On passage Passed by recorded vote: 219 - 206 (Roll no. 391).
Roll Call #391 (House)On passage Passed by recorded vote: 219 - 206 (Roll no. 391).
Roll Call #391 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 448.