Disclosure of Information on Spending on Campaigns Leads to Open and Secure Elections Act of 2012 or DISCLOSE 2012 Act - Amends the Federal Election Campaign Act of 1971 to redefine the term "independent expenditure" as an expenditure by a person 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 candidates, qualifications, or fitness for office.
Expands the period during which certain communications are treated as electioneering communications.
Prescribes: (1) disclosure requirements for corporations, labor organizations, and certain other entities; and (2) disclaimer requirements for campaign-related disbursements and for certain communications.
Requires any communication transmitted through radio or television to include an individual or organizational disclosure statement, together with: (1) the Top Two Funders List of the persons providing the largest and second largest aggregate payments of $10,000 or more for a radio communication, and (2) the Top Five Funders List of the five persons providing the largest aggregate payments of $10,000 or more for a television communication.
Repeals the prohibition against political contributions by individuals age 17 or younger.
Requires a covered organization which submits regular, periodic reports to its shareholders, members, or donors on its finances or activities to include in each report, in a clear and conspicuous manner, the information included in the statements it has filed about campaign-related disbursements the organization has made during the period covered by the report.
Amends the Lobbying Disclosure Act of 1995 to require semiannual reports on certain election campaign contributions filed with the Secretary of the Senate or the Clerk of the House of Representatives by registered lobbyists (or persons or organizations required to register as lobbyists) to contain: (1) the amount of any independent expenditure of $1,000 or more made by each such person or organization, along with the name of each candidate being supported or opposed and the amount spent supporting or opposing that candidate; and (2) the amount of any electioneering communication of $1,000 or more made by such person or organization, along with 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.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4010 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 4010
To amend the Federal Election Campaign Act of 1971 to provide for
additional disclosure requirements for corporations, labor
organizations, and other entities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2012
Mr. Van Hollen (for himself, Mr. Brady of Pennsylvania, Mr. Hoyer, Mr.
Clyburn, Mr. George Miller of California, Mr. Conyers, Mr. Becerra, Mr.
Waxman, Mr. Levin, Ms. Slaughter, Mr. Israel, Mr. Markey, Mr. Thompson
of California, Mr. Price of North Carolina, Mr. Welch, Mr. Deutch, Mr.
Bishop of New York, Mr. Pascrell, Mr. Farr, Mr. Gene Green of Texas,
Mr. McGovern, Mrs. Capps, Mr. Johnson of Georgia, Mr. Holt, Mr.
Sarbanes, Mr. Boswell, Mr. Andrews, Mr. Schiff, Mr. Nadler, Ms. Eshoo,
Ms. Schwartz, Mrs. Christensen, Mr. Tonko, Ms. Zoe Lofgren of
California, Ms. Castor of Florida, Mr. Langevin, Mr. Larson of
Connecticut, Mr. Carnahan, Mrs. Maloney, Mr. Stark, Ms. Tsongas, Ms.
Wasserman Schultz, Mr. Yarmuth, Ms. Hahn, Ms. Matsui, Ms. Woolsey, Ms.
Speier, Ms. Linda T. Sanchez of California, Ms. Loretta Sanchez of
California, Mr. Smith of Washington, Mr. Scott of Virginia, Ms.
McCollum, Mr. Garamendi, Ms. Lee of California, Mr. Jackson of
Illinois, Ms. Waters, Mr. Cummings, Mr. Cleaver, Mr. Polis, Mr.
McNerney, Mr. Frank of Massachusetts, Mr. Berman, Mr. Dicks, Ms.
Velazquez, Mr. Ruppersberger, Ms. Eddie Bernice Johnson of Texas, Ms.
Edwards, Mr. Loebsack, Mr. Lynch, Mr. Rush, Mr. Sherman, Mr. Gonzalez,
Mr. Larsen of Washington, Mr. Costa, Mr. Rangel, Ms. Roybal-Allard, Mr.
Filner, Mr. Lewis of Georgia, Ms. DeGette, Mr. Olver, Mr. Honda, Mrs.
Napolitano, Mr. Cohen, Mr. Ellison, and Ms. Bass of California)
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 provide for
additional disclosure requirements for corporations, labor
organizations, and other entities, 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.
This Act may be cited as the ``Disclosure of Information on
Spending on Campaigns Leads to Open and Secure Elections Act of 2012''
or the ``DISCLOSE 2012 Act''.
SEC. 2. CAMPAIGN DISBURSEMENT REPORTING.
(a) Information Required To Be Reported.--
(1) Treatment of functional equivalent of express advocacy
as independent expenditure.--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''.
(2) Expansion of period during which communications are
treated as electioneering communications.--Section
304(f)(3)(A)(i) of such Act (2 U.S.C. 434(f)(3)(A)(i)) is
amended--
(A) by redesignating subclause (III) as subclause
(IV); and
(B) by striking subclause (II) and inserting the
following:
``(II) in the case of a
communication which refers to a
candidate for an office other than the
President or Vice President, is made
during the period beginning on January
1 of the calendar year in which a
general or runoff election is held and
ending on the date of the general or
runoff election (or in the case of a
special election, during the period
beginning on the date on which the
announcement with respect to such
election is made and ending on the date
of the special election);
``(III) in the case of a
communication which refers to a
candidate for the office of President
or Vice President, is made in any State
during the period beginning 120 days
before the first primary or preference
election or a convention or caucus of a
political party which has the authority
to nominate a candidate for the office
of President or Vice President is held
in any State and ending on the date of
the general election; and''.
(3) Effective date; transition for electioneering
communications made prior to enactment.--The amendment made by
paragraph (2) shall apply with respect to communications made
on or after July 1, 2012, except that no communication which is
made prior to such date shall be treated as an electioneering
communication under section 304(f)(3)(A)(i) (II) or (III) of
the Federal Election Campaign Act of 1971 (as amended by
paragraph (2)) unless the communication would be treated as an
electioneering communication under such section if the
amendment made by paragraph (2) did not apply.
(b) Disclosure Requirements for Corporations, Labor Organizations,
and Certain Other Entities.--
(1) In general.--Section 324 of the Federal Election
Campaign Act of 1971 (2 U.S.C. 441k) is amended to read as
follows:
``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY COVERED
ORGANIZATIONS.
``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000 in
a calendar year shall, not later than 24 hours after each
disclosure date, file a statement with the Commission made
under penalty of perjury that contains the information
described in paragraph (2)--
``(A) in the case of the first statement filed
under this subsection, for the period beginning on the
first day of the preceding calendar year and ending on
the first such disclosure date; and
``(B) in the case of any subsequent statement filed
under this subsection, for the period beginning on the
previous disclosure date and ending on such disclosure
date.
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization.
``(B) The amount of each campaign-related
disbursement made by such organization during the
period covered by the statement of more than $1,000.
``(C) In the case of a campaign-related
disbursement that is not a covered transfer, the
election to which the campaign-related disbursement
pertains and if the disbursement is made for a public
communication, the name of any candidate identified in
such communication and whether such communication is in
support of or in opposition to a candidate.
``(D) A certification by the chief executive
officer or person who is the head of the covered
organization that the campaign-related disbursement is
not made in cooperation, consultation, or concert with
or at the request or suggestion of a candidate,
authorized committee, or agent of a candidate,
political party, or agent of a political party.
``(E) If the covered organization makes campaign-
related disbursements using exclusively funds in a
segregated bank account consisting of funds that were
contributed, donated, transferred, or paid directly to
such account by persons other than the covered
organization that controls the account, for each
contribution, donation, transfer, payment of dues, or
other payment to the account--
``(i) the name and address of each person
who made such contribution, donation, transfer,
payment of dues, or other payment during the
period covered by the statement;
``(ii) the date and amount of such
contribution, donation, transfer, payment of
dues, or other payment; and
``(iii) the aggregate amount of all such
contributions, donations, transfers, payments
of dues, and other payments made by the person
during the period beginning on the first day of
the preceding calendar year and ending on the
disclosure date;
but only if such contribution, donation, transfer,
payment of dues, or other payment was made by a person
who made contributions, donations, transfers, payments
of dues, or payments to the account in an aggregate
amount of $10,000 or more during the period beginning
on the first day of the preceding calendar year and
ending on the disclosure date.
``(F) Subject to paragraph (4), if the covered
organization makes campaign-related disbursements using
funds other than funds in a segregated bank account
described in subparagraph (E), for each contribution,
donation, transfer, or payment of dues to the covered
organization--
``(i) the name and address of each person
who made such contribution, donation, transfer,
or payment of dues during the period covered by
the statement;
``(ii) the date and amount of such
contribution, donation, transfer, or payment of
dues; and
``(iii) the aggregate amount of all such
contributions, donations, transfers, and
payments of dues made by the person during the
period beginning on the first day of the
preceding calendar year and ending on the
disclosure date;
but only if such contribution, donation, transfer, or
payment of dues was made by a person who made
contributions, donations, transfers, or payments of
dues to the covered organization in an aggregate amount
of $10,000 or more during the period beginning on the
first day of the preceding calendar year and ending on
the disclosure date.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of
business.--The requirement to include in a statement
filed under paragraph (1) the information described in
paragraph (2) shall not apply to amounts received by
the covered organization in the ordinary course of any
trade or business conducted by the covered organization
or in the form of investments in the covered
organization.
``(B) Donor restriction on use of funds.--The
requirement to include in a statement submitted under
paragraph (1) the information described in subparagraph
(F) of paragraph (2) shall not apply if--
``(i) the person described in such
subparagraph prohibited, in writing, the use of
the contribution, donation, transfer, payment
of dues, or other payment made by such person
for campaign-related disbursements; and
``(ii) the covered organization agreed to
follow the prohibition and deposited the
contribution, donation, transfer, payment of
dues, or other payment in an account which is
segregated from any account used to make
campaign-related disbursements.
``(4) Disclosure date.--
``(A) In general.--Except as provided in
subparagraph (B), the term `disclosure date' means--
``(i) the first date during any calendar
year by which a person has made campaign-
related disbursements aggregating more than
$10,000; and
``(ii) each date following the date
described in clause (i) during such calendar
year by which a person has made campaign-
related disbursements aggregating more than
$10,000.
``(B) Disclosure date for certain transfers.--In
the case of a statement filed with respect to a
campaign-related disbursement which is a covered
transfer described in subsection (f)(1)(E), the term
`disclosure date' means the date on which the covered
organization making such transfer knew or should have
known that the recipient of such transfer made
campaign-related disbursements in an aggregate amount
of $50,000 or more during the 2-year period beginning
on the date of the transfer.
``(b) Coordination With Other Provisions.--
``(1) Other reports filed with the commission.--Information
included in a statement filed under this section may be
excluded from statements and reports filed under section 304.
``(2) Treatment as separate segregated fund.--A segregated
bank account referred to in subsection (a)(2)(E) may be treated
as a separate segregated fund for purposes of section 527(f)(3)
of the Internal Revenue Code of 1986.
``(c) Filing.--Statements required to be filed under subsection (a)
shall be subject to the requirements of section 304(d) to the same
extent and in the same manner as if such reports had been required
under subsection (c) or (g) of section 304.
``(d) Campaign-Related Disbursement Defined.--In this section, the
term `campaign-related disbursement' means a disbursement by a covered
organization for any of the following:
``(1) An independent expenditure consisting of a public
communication, as defined in section 301(22).
``(2) An electioneering communication, as defined in
section 304(f)(3).
``(3) A covered transfer.
``(e) Covered Organization Defined.--In this section, the term
`covered organization' means any of the following:
``(1) A corporation (other than an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such Code
(other than an organization described in section 501(c)(3) of
such Code).
``(3) A labor organization (as defined in section 316(b)).
``(4) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political committee
under this Act (except as provided in paragraph (5)).
``(5) A political committee with an account established for
the purpose of accepting donations or contributions that do not
comply with the contribution limits or source prohibitions
under this Act, but only with respect to the accounts
established for such purpose.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the
amounts be used for--
``(i) campaign-related disbursements (other
than covered transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(B) made such transfer or payment in response to
a solicitation or other request for a donation or
payment for--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(C) engaged in discussions with the recipient of
the transfer or payment regarding--
``(i) the making of or paying for campaign-
related disbursements (other than covered
transfers); or
``(ii) donating or transferring any amount
of such transfer or payment to another person
for the purpose of making or paying for such
campaign-related disbursements;
``(D) made campaign-related disbursements (other
than a covered transfer) in an aggregate amount of
$50,000 or more during the 2-year period ending on the
date of the transfer or payment, or knew or had reason
to know that the person receiving the transfer or
payment made such disbursements in such an aggregate
amount during that 2-year period; or
``(E) knew or had reason to know that the person
receiving the transfer or payment would make campaign-
related disbursements in an aggregate amount of $50,000
or more during the 2-year period beginning on the date
of the transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) A disbursement made by a covered organization
in the ordinary course of any trade or business
conducted by the covered organization or in the form of
investments made by the covered organization.
``(B) A disbursement made by a covered organization
if--
``(i) the covered organization prohibited,
in writing, the use of such disbursement for
campaign-related disbursements; and
``(ii) the recipient of the disbursement
agreed to follow the prohibition and deposited
the disbursement in an account which is
segregated from any account used to make
campaign-related disbursements.
``(3) Exception for certain transfers among affiliates.--
``(A) Exception for certain transfers among
affiliates.--The term `covered transfer' does not
include an amount transferred by one covered
organization to another covered organization which is
treated as a transfer between affiliates under
subparagraph (B) if the aggregate amount transferred
during the year by such covered organization to that
same covered organization is equal to or less than
$50,000.
``(B) Description of transfers between
affiliates.--A transfer of amounts from one covered
organization to another covered organization shall be
treated as a transfer between affiliates if--
``(i) one of the organizations is an
affiliate of the other organization; or
``(ii) each of the organizations is an
affiliate of the same organization;
except that the transfer shall not be treated as a
transfer between affiliates if one of the organizations
is established for the purpose of making campaign-
related disbursements.
``(C) Determination of affiliate status.--For
purposes of subparagraph (B), a covered organization is
an affiliate of another covered organization if--
``(i) the governing instrument of the
organization requires it to be bound by
decisions of the other organization;
``(ii) the governing board of the
organization includes persons who are
specifically designated representatives of the
other organization or are members of the
governing board, officers, or paid executive
staff members of the other organization, or
whose service on the governing board is
contingent upon the approval of the other
organization; or
``(iii) the organization is chartered by
the other organization.
``(D) Coverage of transfers to affiliated section
501(c)(3) organizations.--This paragraph shall apply
with respect to an amount transferred by a covered
organization to an organization described in paragraph
(3) of section 501(c) of the Internal Revenue Code of
1986 and exempt from tax under section 501(a) of such
Code in the same manner as this paragraph applies to an
amount transferred by a covered organization to another
covered organization.''.
(2) Conforming amendment.--Section 304(f)(6) of such Act (2
U.S.C. 434) is amended by striking ``Any requirement'' and
inserting ``Except as provided in section 324(b), any
requirement''.
SEC. 3. STAND BY YOUR AD.
(a) Disclaimer Requirements for Campaign-Related Disbursements.--
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 a campaign-related
disbursement, as defined in section 324, consisting of a public
communication''.
(b) Stand by Your Ad Requirements.--
(1) Maintenance of requirements for political parties and
certain 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 ``certain political committees'';
(B) by inserting ``which (except to the extent
provided in the last sentence of this paragraph) is
paid for by a political committee (including a
political committee of a political party) and'' after
``subsection (a)'';
(C) by striking ``or other person'' each place it
appears; and
(D) by adding at the end the following: ``This
paragraph does not apply to a communication paid for in
whole or in part with a payment which is treated as a
campaign-related disbursement under section 324 and
with respect to which a covered organization files a
statement under such section.''.
(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) shall include, in addition to the requirements
of such paragraph, the following:
``(A) The individual disclosure statement described
in paragraph (2)(A) (if the person paying for the
communication is an individual) or the organizational
disclosure statement described in paragraph (2)(B) (if
the person paying for the communication is not an
individual).
``(B) If the communication is transmitted through
television and is paid for in whole or in part with a
payment which is treated as a campaign-related
disbursement under section 324, the Top Five Funders
list (if applicable), unless, on the basis of criteria
established in regulations issued 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 content of the
communication to consist of the Top Five Funders list.
``(C) If the communication is transmitted through
radio and is paid for in whole or in part with a
payment which is treated as a campaign-related
disbursement under section 324, the Top Two Funders
list (if applicable), unless, on the basis of criteria
established in regulations issued by the Commission,
the communication is of such short duration that
including the Top Two Funders list in the communication
would constitute a hardship to the person paying for
the communication by requiring a disproportionate
amount of the content of the communication to consist
of the Top Two Funders list.
``(2) Disclosure statements described.--
``(A) Individual disclosure statements.--The
individual disclosure statement described in this
subparagraph is the following: `I am ________, and I
approve this message.', with the blank filled in with
the name of the applicable individual.
``(B) Organizational disclosure statements.--The
organizational disclosure statement described in this
subparagraph is the following: `I am ________, the
________ of ________, and ________ approves this
message.', 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 and fourth blank each to
be filled in with the name of the organization
or other person paying for the communication.
``(3) 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 or in a crawl along the
bottom 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) 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, except in the case of
a Top Five Funders list.
``(4) Definitions.--In this subsection:
``(A) Applicable individual.--The term `applicable
individual' means, with respect to a communication to
which this subsection applies--
``(i) if the communication is paid for by
an individual, the individual involved;
``(ii) if the communication is paid for by
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);
``(iii) if the communication is paid for by
a labor organization, the highest ranking
officer of the labor organization; and
``(iv) if the communication is paid for by
any other person, the highest ranking official
of such person.
``(B) Covered organization and campaign-related
disbursement.--The terms `campaign-related
disbursement' and `covered organization' have the
meaning given such terms in section 324.
``(C) Top five funders list.--The term `Top Five
Funders list' means, with respect to a communication
paid for in whole or in part with a payment which is
treated as a campaign-related disbursement under
section 324, a list of the five persons who provided
the largest payments of any type in an aggregate amount
equal to or exceeding $10,000 which are required under
section 324(a) to be included in the reports filed by a
covered organization with respect to such communication
during the 12-month period ending on the date of the
disbursement and the amount of the payments each such
person provided. If two or more people provided the
fifth largest of such payments, the covered
organization involved shall select one of those persons
to be included on the Top Five Funders list.
``(D) Top two funders list.--The term `Top Two
Funders list' means, with respect to a communication
paid for in whole or in part with a payment which is
treated as a campaign-related disbursement under
section 324, a list of the persons who provided the
largest and the second largest payments of any type in
an aggregate amount equal to or exceeding $10,000 which
are required under section 324(a) to be included in the
reports filed by a covered organization with respect to
such communication during the 12-month period ending on
the date of the disbursement and the amount of the
payments each such person provided. If two or more
persons provided the second largest of such payments,
the covered organization involved shall select one of
those persons to be included on the Top Two Funders
list.''.
SEC. 4. SHAREHOLDERS' RIGHT TO KNOW.
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. DISCLOSURES BY COVERED ORGANIZATIONS TO SHAREHOLDERS,
MEMBERS, AND DONORS OF INFORMATION ON CAMPAIGN-RELATED
DISBURSEMENTS.
``(a) Information on Campaign-Related Disbursements To Be Included
in Periodic Reports.--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, in a clear
and conspicuous manner, the information included in the statements
filed by the organization under section 324 with respect to the
campaign-related disbursements made by the organization during the
period covered by the report.
``(b) Hyperlink to Information Included in Reports Filed With
Commission.--
``(1) Required posting of hyperlink.--If a covered
organization maintains an Internet site, the organization shall
post on such Internet site a hyperlink from its homepage to the
location on the Internet site of the Commission which contains
the information included in the statements filed by the
organization under section 324 with respect to campaign-related
disbursements.
``(2) Deadline; duration of posting.--The covered
organization shall post the hyperlink described in paragraph
(1) not later than 24 hours after the Commission posts the
information described in such paragraph on the Internet site of
the Commission, and shall ensure that the hyperlink remains on
the Internet site of the covered organization until the
expiration of the 1-year period which begins on the date of the
election with respect to which the campaign-related
disbursements are made.
``(c) Definitions.--The terms `campaign-related disbursement' and
`covered organization' have the meanings given such terms in section
324.''.
SEC. 5. LOBBYISTS' CAMPAIGN FUNDING DISCLOSURE.
(a) Disclosure of Independent Expenditures and Electioneering
Communications.--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) Disclosure of Amounts Provided to Certain Political
Committees.--Section 5(d)(1)(D) of such Act (2 U.S.C. 1605(d)(1)(D)) is
amended by striking ``or political party committee,'' and inserting the
following: ``political party committee, or political committee which is
treated as a covered organization under section 324(f)(1)(D) of the
Federal Election Campaign Act of 1971,''.
(c) 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.
SEC. 6. 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. 7. EFFECTIVE DATE.
Except as provided in section 5, the amendments made by this Act
shall apply with respects to disbursements made on or after July 1,
2012.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on the Constitution.
Motion to Discharge Committee filed by Mr. Van Hollen. Petition No: 112-4. (<a href="http://clerk.house.gov/112/lrc/pd/petitions/DisPet0004.xml ">Discharge petition</a> text with signatures.)
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