[Congressional Record Volume 157, Number 11 (Wednesday, January 26, 2011)]
[House]
[Pages H514-H515]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                                H.R. 359

                   Offered By: Mr. Walz of Minnesota

       Amendment No. 7: Mr. Walz of Minnesota moves to recommit 
     the bill H.R. 359 to the Committee on Ways and Means with 
     instructions to report the same to the House forthwith with 
     the following amendment:
       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. CAMPAIGN DISCLOSURE AGREEMENT.

       (a) Disqualified Entity.--Section 9003 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new subsection:
       ``(f) Disqualified Entity.--For purposes of this section--
       ``(1) In general.--The term `disqualified entity' means any 
     entity that has not entered into a campaign disclosure 
     agreement with the Department of the Treasury.
       ``(2) Campaign disclosure agreement.--The term `campaign 
     disclosure agreement' means an agreement in which the entity 
     agrees--
       ``(A) to file disclosure statements with the Internal 
     Revenue Service at such times, and covering such periods, as 
     are required under section 527(j)(2),
       ``(B) with respect to its receipt of payment for 
     electioneering communications from covered persons on or 
     after January 1, 2013, to include within those disclosure 
     statements--
       ``(i) the amount, date, and purpose of each payment and the 
     name and address of the covered person making the payment, 
     and
       ``(ii) the name and address of each disqualified 
     contributor making a payment on or after January 1, 2013, to 
     the covered person (including the occupation and name of 
     employer of such individual) and the amount and date of each 
     payment, and
       ``(C) to pay damages to the Secretary for failure to comply 
     with these disclosure requirements in an amount equal to 35 
     percent of the amount that was required to be disclosed.
       ``(3) Disqualified contributor.--The term `disqualified 
     contributor' means--
       ``(A) any person who makes payments (directly or 
     indirectly) of more than $100,000 to the covered person 
     during the calendar year, and
       ``(B) any foreign individual, foreign corporation, or 
     foreign country who makes any payment (directly or 
     indirectly) to the covered person during the calendar year.

     A payment that is deposited into an account of a covered 
     person that is not available for electioneering 
     communications shall not be taken into account for purposes 
     of the preceding sentence.
       ``(4) Electioneering communication.--The term 
     `electioneering communication' means a communication that--
       ``(A) refers to a clearly identified candidate for any 
     Federal public office,
       ``(B) reflects a view on such candidate or on the record of 
     such candidate, and
       ``(C) is made within 30 days of a general election or a 
     primary election.
       ``(5) Covered person.--
       ``(A) In general.--The term `covered person' means any of 
     the following persons:
       ``(i) Any foreign individual, corporation, partnership, 
     limited liability company, limited liability partnership, 
     trust or similar entity or foreign country.
       ``(ii) Any domestic corporation, partnership, limited 
     liability company, limited liability partnership, trust or 
     similar entity.
       ``(iii) Any person described in section 501(c) and exempt 
     from tax under section 501(a).
       ``(B) Exception.--Subparagraph (A) shall not apply to any 
     person if the aggregate payments for electioneering 
     communications during the calendar year by such person does 
     not exceed $25,000.''.
       (b) Condition.--Subsection (a) of section 9003 of such Code 
     is amended by striking ``and'' at the end of paragraph (2), 
     by striking the period at the end of paragraph (3) and 
     inserting ``, and'', and by inserting after paragraph (3) the 
     following new paragraph:
       ``(4) agree to not make any payment to a disqualified 
     entity for print, broadcast, cable, or satellite 
     communications.''.
       (c) Preservation of Funds for Presidential Candidates.--
     Subsection (b) of section 9006 of such Code is amended to 
     read as follows:
       ``(b) Payments From the Fund.--Amounts in the Presidential 
     Election Campaign Fund shall be available, as provided by 
     appropriation Acts, solely for making expenditures to 
     eligible candidates of a political party. No expenditures may 
     be made from such fund unless the Secretary of the Treasury 
     has receipt of a certification from the Commission under 
     section 9005.''.
       (d) Preservation of Fund for Presidential Primaries.--
     Subsection (b) of section 9037 of such Code is amended to 
     read as follows:
       ``(b) Payments From the Matching Payment Account.--Amounts 
     in the Presidential Primary Matching Payment Account shall be 
     available, as provided by appropriation Acts, solely for 
     making transfers to the candidate. No amount may be 
     transferred from the account unless the Secretary has receipt 
     of a certification from the Commission under section 9036, 
     but not before the beginning of the matching payment period. 
     In making such transfers to candidates of the same political 
     party, the Secretary shall seek to achieve an equitable 
     distribution of funds available under subsection (a), and the 
     Secretary shall take into account, in seeking to achieve an 
     equitable distribution, the sequence in which such 
     certifications are received.''.
       (e) Preservation of Funds for National Committee.--
     Paragraph (3) of section 9008(b) of such Code is amended to 
     read as follows:
       ``(3) Payments.--Amounts in the appropriate account 
     maintained under subsection (a) shall be available, as 
     provided by appropriation Acts, solely for making 
     expenditures to the national committee of a major party or 
     minor party which elects to receive its entitlement under 
     this subsection. Such payments shall be available for use by 
     such committee in accordance with the provisions of 
     subsection (c). No expenditures may be made from such fund 
     unless the Secretary of the Treasury has receipt of a 
     certification from the Commission under subsection (g).''.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

[[Page H515]]



PROCEEDINGS OF THE HOUSE OF REPRESENTATIVES AFTER SINE DIE ADJOURNMENT O 
  THE 111TH CONGRESS 2D SESSION AND FOLLOWING PUBLICATION OF THE FINAL 
EDITION OF THE CONGRESSIONAL RECORD OF THE 111TH CONGRESS 2D SESSION

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