[Congressional Record Volume 161, Number 12 (Monday, January 26, 2015)]
[Senate]
[Pages S473-S474]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 148. Mr. WHITEHOUSE (for himself, Mr. Leahy, Mrs. Boxer, Mr.
Durbin, Mr. Brown, Mr. Udall, Mrs. Shaheen, Ms. Baldwin, Mr. Murphy,
and Mr. Heinrich) submitted an amendment intended to be proposed by him
to the bill S. 1, to approve the Keystone XL Pipeline; which was
ordered to lie on the table; as follows:
At the end, add the following:
SEC. __. CAMPAIGN FINANCE DISCLOSURES BY THOSE PROFITING FROM
TAR SANDS DEVELOPMENT.
Section 304 of the Federal Election Campaign Act of 1974
(52 U.S.C. 30104) is amended by adding at the end the
following new subsection:
``(j) Disclosure by Tar Sands Beneficiaries.--
``(1) In general.--
``(A) Initial disclosure.--Every covered entity which has
made covered disbursements and received covered transfers in
an aggregate amount in excess of $10,000 during the period
beginning on December 1, 2012, and ending on the date that is
165 days after the date of the enactment of this subsection
shall file with the Commission a statement containing the
information described in paragraph (2) not later than the
date that is 180 days after the date of the enactment of this
subsection.
``(B) Subsequent disclosures.--Every covered entity which
makes covered disbursements (other than covered disbursement
reported under subparagraph (A))and received covered
transfers (other than a covered transfer reported under
subparagraph (A)) in an aggregate amount in excess of $10,000
during any calendar year shall, within 48 hours of each
disclosure date, file with the Commission a statement
containing the information described in paragraph (2).
``(2) Contents of statement.--Each statement required to be
filed under this subsection shall be made under penalty of
perjury and shall contain the following information:
``(A) The identification of the person making the
disbursement or receiving the transfer, of any person sharing
or exercising direction or control over the activities of
such person, and of the custodian of the books and accounts
of the person making the disbursement or receiving the
transfer.
``(B) The principal place of business of the person making
the disbursement or receiving the transfer, if not an
individual.
``(C) The amount of each disbursement or transfer of more
than $200 during the period covered by the statement and the
identification of the person to whom the disbursement was
made or from whom the transfer was received.
``(D) The elections to which the disbursements or transfers
pertain and the names (if known) of the candidates involved.
``(E) If the disbursements were paid out of a segregated
bank account which consists of funds contributed solely by
individuals who are United States citizens or nationals or
lawfully admitted for permanent residence
[[Page S474]]
(as defined in section 101(a)(20) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(20))) directly to this
account for electioneering communications, the names and
addresses of all contributors who contributed an aggregate
amount of $1,000 or more to that account during--
``(i) in the case of a statement under paragraph (1)(A),
during the period described in such paragraph, and
``(ii) in the case of a statement under paragraph (1)(B),
the period beginning on the first day of the preceding
calendar year and ending on the disclosure date.
Nothing in this subparagraph is to be construed as a
prohibition on the use of funds in such a segregated account
for a purpose other than covered disbursements.
``(F) If the disbursements were paid out of funds not
described in subparagraph (E), the names and addresses of all
contributors who contributed an aggregate amount of $1,000 or
more to the person making the disbursement during--
``(i) in the case of a statement under paragraph (1)(A),
during the period described in such paragraph, and
``(ii) in the case of a statement under paragraph (1)(B),
the period beginning on the first day of the preceding
calendar year and ending on the disclosure date.
``(3) Covered entity.--For purposes of this subsection--
``(A) In general.--The term `covered entity' means--
``(i) any person who is described in subparagraph (B), and
``(ii) any person who owns 5 percent or more of any person
described in subparagraph (B).
``(B) Person described.--A person is described in this
subparagraph if such person--
``(i) holds one or more tar sands leases, or
``(ii) has received revenues or stands to receive revenues
of $1,000,000 or greater from tar sands production, including
revenues received in connection with--
``(I) exploration of tar sands;
``(II) extraction of tar sands;
``(III) processing of tar sands;
``(IV) building, maintaining, and upgrading the Keystone XL
pipeline and other related pipelines used in connection with
tar sands;
``(V) expanding refinery capacity or building, expanding,
and retrofitting import and export terminals in connection
with tar sands;
``(VI) transportation by pipeline, rail, and barge of tar
sands;
``(VII) refinement of tar sands;
``(VIII) importing crude, refined oil, or byproducts
derived from tar sands crude;
``(IX) exporting crude, byproducts, or refined oil derived
from tar sands crude; and
``(X) use of production byproducts from tar sands, such as
petroleum coke for energy generation.
``(C) Tar sands.--For purposes of this paragraph, the term
`tar sands' means bitumen from the West Canadian Sedimentary
Basin.
``(4) Covered disbursement.--For purposes of this
subsection, the term `covered disbursement' means a
disbursement for any of the following:
``(A) An independent expenditure.
``(B) A broadcast, cable, or satellite communication (other
than a communication described in subsection (f)(3)(B))
which--
``(i) refers to a clearly identified candidate for Federal
office;
``(ii) is made--
``(I) in the case of a communication which refers to a
candidate for an office other than President or Vice
President, 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); or
``(II) 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 election, caucus, or preference election
held for the selection of delegates to a national nominating
convention of a political party is held in any State (or, if
no such election or caucus is held in any State, the first
convention or caucus of a political party which has the
authority to nominate a candidate for the office of President
or Vice President) and ending on the date of the general
election; and
``(iii) in the case of a communication which refers to a
candidate for an office other than President or Vice
President, is targeted to the relevant electorate (within the
meaning of subsection (f)(3)(C)).
``(C) A transfer to another person for the purposes of
making a disbursement described in subparagraph (A) or (B).
``(5) Covered transfer.--For purposes of this subsection,
the term `covered transfer' means any amount received by a
covered entity for the purposes of making a covered
disbursement.
``(6) Disclosure date.--For purposes of this subsection,
the term `disclosure date' means--
``(A) the first date during any calendar year by which a
person has made covered disbursements and received covered
transfers aggregating in excess of $10,000; and
``(B) any other date during such calendar year by which a
person has made covered disbursements and received covered
transfers aggregating in excess of $10,000 since the most
recent disclosure date for such calendar year.
``(7) Contracts to disburse; coordination with other
requirements; etc,.--Rules similar to the rules of paragraphs
(5), (6), and (7) of subsection (f) shall apply for purposes
of this subsection.''.
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