[House Report 111-511]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-511
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (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
_______
June 23, 2010.--Referred to the House Calendar and ordered to be
printed
_______
Mr. McGovern, from the Committee on Rules, submitted the following
R E P O R T
[To accompany H. Res. 1468]
The Committee on Rules, having had under consideration
House Resolution 1468, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 5175, the
``Democracy is Strengthened by Casting Light on Spending in
Elections Act,'' under a structured rule. The resolution
provides one hour of general debate equally divided and
controlled by the chair and ranking minority member of the
Committee on House Administration. The resolution waives all
points of order against consideration of the bill except those
arising under clause 9 or 10 of rule XXI. The resolution
provides that the amendment in the nature of a substitute
recommended by the Committee on House Administration, modified
by the amendment printed in part A of this report, shall be
considered as adopted and considered as read. The resolution
waives all points of order against the bill, as amended. This
waiver does not affect the point of order available under
clause 9 of rule XXI (regarding earmark disclosure). The
resolution further makes in order only those amendments printed
in part B of this report. The amendments made in order may be
offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question. All
points of order against the amendments except for clauses 9 and
10 of rule XXI are waived. The resolution provides that for
those amendments reported from the Committee of the Whole, the
question of their adoption shall be put to the House en gros
and without demand for division of the question. The resolution
provides one motion to recommit with or without instructions.
The resolution provides that the Chair may entertain a motion
that the Committee rise only if offered by the chair of the
Committee on House Administration or his designee. The
resolution provides that the Chair may not entertain a motion
to strike out the enacting words of the bill. The resolution
authorizes the Speaker to entertain motions that the House
suspend the rules at any time through the legislative day of
Friday, June 25, 2010. The Speaker or her designee shall
consult with the Minority Leader or his designee on the
designation of any matter for consideration pursuant to this
resolution. The resolution waives clause 6(a) of rule XIII
(requiring a two-thirds vote to consider a rule on the same day
it is reported from the Rules Committee) against certain
resolutions reported from the Rules Committee. The resolution
applies the waiver to any resolution reported through the
legislative day of Friday, June 25, 2010, providing for
consideration or disposition of a measure that includes a
subject matter addressed by H.R. 4213.
EXPLANATION OF WAIVERS
Although the rule waives all points of order against
consideration of the bill (except for clauses 9 and 10 of rule
XXI) the Committee is not aware of any points of order. The
waiver of all points of order is prophylactic. The waiver of
all points of order against the bill, as amended, includes a
waiver of clause 7 of rule XVI regarding germaneness and a
waiver of clause 5(a) of rule XXI, prohibiting tax or tariff
provisions in a bill not reported by a committee with
jurisdiction over revenue measures.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 449
Date: June 23, 2010.
Measure: H.R. 5175.
Motion by: Mr. Dreier.
Summary of motion: To report an open rule.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay; Dreier--
Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 450
Date: June 23, 2010.
Measure: H.R. 5175.
Motion by: Mr. Dreier.
Summary of motion: To provide 4 hours of general debate
equally divided between the Chairman and Ranking Member of the
Committee on House Administration.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay; Dreier--
Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 451
Date: June 23, 2010.
Measure: H.R. 5175.
Motion by: Mr. Dreier.
Summary of motion: To make in order an amendment by Rep.
Harper (MS), #25, which would provide that the Act shall become
effective on January 1, 2011.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay; Dreier--
Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 452
Date: June 23, 2010.
Measure: H.R. 5175.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Edwards (MD), #9, which would
require 501(c)(4) entities to disclose if it receives more than
15 percent in contributions from corporations or from donors
that contribute more than $100,000.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Arcuri--Nay; Perlmutter--Nay; Polis--Nay; Dreier--
Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 453
Date: June 23, 2010.
Measure: H.R. 5175.
Motion by: Mr. Dreier.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Smith (TX), #1, which would
replace current Sec. 401 of the bill, relating to judicial
review, with the text of the judicial review provision that was
contained in the original McCain-Feingold campaign finance law
(P.L. 107-155).
Results: Defeated 2-6.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Perlmutter--Nay; Polis--Nay; Dreier--Yea; Foxx--
Yea; Slaughter--Nay.
Rules Committee record vote No. 454
Date: June 23, 2010.
Measure: H.R. 5175.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Lungren (CA), #16, which would
provide that the labor unions must certify no dues were
received from foreign nationals prior to making political
expenditures.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 455
Date: June 23, 2010.
Measure: H.R. 5175.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Lungren (CA) and Rep. Gingrey
(GA), #17, which would provide that the prohibition on
expenditures by government contractors shall also apply to
labor unions representing employees of those contractors.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 456
Date: June 23, 2010.
Measure: H.R. 5175.
Motion by: Dr. Foxx.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Reps. Lungren (CA) and Gingrey
(GA), #22, which would provide that the prohibition on
expenditures by government contractors shall also apply to
labor unions having representational contracts with the
government.
Results: Defeated 2-7.
Vote by Members: McGovern--Nay; Hastings (FL)--Nay;
Matsui--Nay; Perlmutter--Nay; Pingree--Nay; Polis--Nay;
Dreier--Yea; Foxx--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED
Would strike section 2 (the findings), clarify the
coordination language (including clarifying the availability of
the exception for communications appearing in the media), and
permit domestic corporations to engage in certain campaign
activities which corporations are generally permitted to engage
in under current law (so long as the foreign parent does not
fund or control the activities) and would modify the contract
threshold for applying restrictions on campaign activity to
Federal contractors.
With respect to the disclosure requirements of title II of
the bill: The amendment would exempt from the definition of
``covered organization'' a class of organizations which are
covered under section 501(c)(3) of the tax code and certain
large and longstanding organizations covered under section
501(c)(4) of the code. The amendment would clarify the
conditions under which an organization would be required to
meet the disclosure requirements because it is acting as a
conduit for another organization which engages in campaign-
related activity. It would also clarify language relating to
transfers between covered organizations and limit the
situations under which certain transfers among and between
affiliate organizations would trigger the disclosure
requirements.
The amendment would clarify the rules for determining which
organizations must appear in disclaimer statements (the so-
called ``stand by your ad'' requirements) and apply these
requirements to political committees which accept contributions
which exceed the usual limits under law (the so-called ``Speech
Now'' committees). The amendment would apply the standard
inflation indexing rules under the Federal Election Campaign
Act of 1971 to the various amounts established in the bill.
Finally, the amendment would ensure that the disclosure
requirements may be waived to protect individuals against
threats, harassment, and reprisals, and clarify which persons
have standing to file actions to challenge the
constitutionality of the bill.
SUMMARY OF AMENDMENTS IN PART B TO BE MADE IN ORDER
1. Ackerman (NY): Would require covered organizations to
report required disclosures to shareholders, members or donors
in a ``clear and conspicuous manner.'' (10 minutes)
2. King, Steve (IA): Would eliminate all limitations on
federal election campaign contributions. (10 minutes)
3. Kucinich (OH): Would clarify that the bill would
prohibit those with leases on the Outer Continental Shelf from
making campaign-related expenditures. (10 minutes)
4. Pascrell (NJ), Perriello (VA), Grayson (FL): Would
prohibit political expenditures by corporations with
significant foreign government ownership and corporations that
have a majority of shares owned by foreign nationals. (10
minutes)
5. Murphy, Patrick (PA): Would ensure that citizens know if
special interests outside their district or state are trying to
impact an election by enhancing advertisement disclaimers to
include the city and state of the ad funder's residence or
principle office. (10 minutes)
PART A--TEXT OF AMENDMENT TO BE CONSIDERED AS ADOPTED
Strike section 2.
Page 13, line 13, strike ``Campaign Act'' and insert
``Campaign Act of 1971''.
Page 14, line 12, strike ``$7,000,000'' and insert
``$10,000,000''.
Page 18, strike lines 4 through 19 and insert the following:
(c) No Effect on Certain Activities of Domestic
Corporations.--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 Certain Activities of Domestic
Corporations.--
``(1) Separate segregated funds.--Nothing in this
section shall be construed to prohibit any corporation
which is not a foreign national described in paragraph
(1) of subsection (b) from establishing, administering,
and soliciting contributions to a separate segregated
fund under section 316(b)(2)(C), so long as none of the
amounts in the fund are provided by any foreign
national described in paragraph (1) or (2) of
subsection (b) and no foreign national described in
paragraph (1) or (2) of subsection (b) has the power to
direct, dictate, or control the establishment or
administration of the fund.
``(2) State and local elections.--Nothing in this
section shall be construed to prohibit any corporation
which is not a foreign national described in paragraph
(1) of subsection (b) from 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 described in paragraph (1)
or (2) of subsection (b) has the power to direct,
dictate, or control such contribution or donation.
``(3) Other permissible corporate contributions and
expenditures.--Nothing in this section shall be
construed to prohibit any corporation which is not a
foreign national described in paragraph (1) of
subsection (b) from carrying out any activity described
in subparagraph (A) or (B) of section 316(b)(2), so
long as none of the amounts used to carry out the
activity are provided by any foreign national described
in paragraph (1) or (2) of subsection (b) and no
foreign national described in paragraph (1) or (2) of
subsection (b) has the power to direct, dictate, or
control such activity.''.
Page 19, strike line 22 and all that follows through page 20,
line 10 and insert the following:
``(a) Coordinated Communications Defined.--
``(1) In general.--For purposes of this Act, the term
`coordinated communication' means--
``(A) a covered communication which, subject
to subsection (c), is made in cooperation,
consultation, or concert with, or at the
request or suggestion of, a candidate, an
authorized committee of a candidate, or a
political committee of a political party; or
``(B) 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.
``(2) Exception.--The term `coordinated
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.''.
Page 20, line 15, strike ``paragraph (2),'' and insert
``paragraph (2) and with respect to the coordinated
communication involved,''.
Page 20, line 17, strike ``a clearly identified candidate for
Federal office'' and insert ``the candidate described in
subsection (a)(1)(A) or an opponent of such candidate''.
Page 22, strike lines 3 through 18.
Page 22, line 22, strike ``may not be considered'' and insert
``shall not be considered''.
Page 23, line 1, strike ``a person provided information to''
and insert ``a person or an agent thereof engaged in
discussions with''.
Page 23, line 6, strike ``regarding the candidate's campaign
for election for Federal office'' and insert ``regarding the
candidate's campaign plans, projects, activities, or needs''.
Amend section 201(b) to read as follows:
(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 subparagraph (C) shall
electronically file a report describing the
expenditures within 24 hours.
``(B) Additional reports.--After a person
files a report under subparagraph (A), the
person shall electronically file an additional
report within 24 hours after each time the
person makes or contracts to make independent
expenditures in an aggregate amount equal to or
greater than the threshold amount with respect
to the same election as that to which the
initial report relates.
``(C) Threshold amount described.--In this
paragraph, the `threshold amount' means--
``(i) during the period up to and
including the 20th day before the date
of an election, $10,000; or
``(ii) during the period after the
20th day, but more than 24 hours,
before the date of an election, $1,000.
``(2) Public availability.--Notwithstanding any other
provision of this section, the Commission shall ensure
that the information required to be disclosed under
this subsection is publicly available through the
Commission website not later than 24 hours after
receipt in a manner that is downloadable in bulk and
machine readable.''.
Page 30, strike lines 11 through 21.
Page 30, line 22, strike ``(c)'' and insert ``(b)''.
Page 32, line 21, strike ``the following information:'' and
insert ``the following information (subject to subparagraph
(B)(iv)):''.
Page 35, line 10, strike ``For purposes'' and insert
``Subject to clause (iii), for purposes''.
Page 36, line 7, strike ``or any other person who'' and
insert ``which''.
Page 36, line 12, strike ``person'' and insert ``covered
organization''.
Page 36, line 16, strike ``person'' and insert ``covered
organization''.
Page 36, line 21, strike ``or does so''.
Page 37, line 2, strike ``person'' and insert ``covered
organization''.
Page 37, strike lines 5 through 24 and insert the following:
``(cc) the covered
organization and the
person to whom the
amounts were
transferred engaged in
written or oral
discussion regarding
the person either
making, or paying for,
any public independent
expenditure, or
donating or
transferring the
amounts to another
person for that
purpose;
``(dd) the covered
organization which
transferred the funds
knew or had reason to
know that the person to
whom the amounts were
transferred intended to
make public independent
expenditures; or
``(ee) the covered
organization which
transferred the funds
or the person to whom
the amounts were
transferred made one or
more public independent
expenditures in an
aggregate amount of
$50,000 or more during
the 2-year period which
ends on the date on
which the amounts were
transferred.''.
Page 38, strike lines 1 through 12 and insert the following:
``(II) The covered
organization shall not be
deemed to have transferred the
amounts for the purpose of
making a public independent
expenditure if--
``(aa) the transfer
was a commercial
transaction occurring
in the ordinary course
of business between the
covered organization
and the person to whom
the amounts were
transferred, unless
there is affirmative
evidence that the
amounts were
transferred for the
purpose of making a
public independent
expenditure; or
``(bb) the covered
organization and the
person to whom the
amounts were
transferred mutually
agreed (as provided in
section 325(b)(1)) that
the person will not use
the amounts for
campaign-related
activity.''.
Page 38, insert after line 12 the following:
``(iii) Special rule regarding
transfers among affiliates.--
``(I) Special rule.--In the
case of an amount transferred
by one covered organization to
another covered organization
which is treated as a transfer
between affiliates under
subclause (II), clause (i) and
(ii) shall apply to the covered
organization which transfers
the amount only if the
aggregate amount transferred
during the year by such covered
organization to that same
covered organization is equal
to or greater than $50,000.
``(II) 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--
``(aa) one of the
organizations is an
affiliate of the other
organization; or
``(bb) 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
disbursing funds for campaign-
related activity.
``(III) Determination of
affiliate status.--For purposes
of subclause (II), a covered
organization is an affiliate of
another covered organization
if--
``(aa) the governing
instrument of the
organization requires
it to be bound by
decisions of the other
organization;
``(bb) 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
``(cc) the
organization is
chartered by the other
organization.
``(IV) Coverage of transfers
to affiliated section 501(c)(3)
organizations.--This clause
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 clause applies to an
amount transferred by a covered
organization to another covered
organization.
``(iv) Special threshold for
disclosure of donors.--Notwithstanding
clause (i) or (ii) of subparagraph (A),
if a covered organization is required
to include the identification of a
person described in such clause in a
report filed under this subsection
because the covered organization is
deemed (in accordance with clause (ii))
to have transferred amounts for the
purpose of making a public independent
expenditure, the organization shall
include the identification of the
person only if the person made
donations or payments (in the case of a
person described in clause (i)(I) of
subparagraph (A)) or unrestricted donor
payments (in the case of a person
described in clause (ii) of
subparagraph (A)) to the covered
organization during the covered
organization reporting period involved
in an aggregate amount equal to or
exceeding $10,000.
``(v) Waiver of requirement to file
report.--Notwithstanding clause (i), a
covered organization which is
considered to have made a public
independent expenditure under such
clause shall not be required to file a
report under this subsection if--
``(I) the organization would
be required to file the report
solely because the organization
is deemed (in accordance with
clause (ii)) to have
transferred amounts for the
purpose of making a public
independent expenditure;
``(II) no person made
donations or payments (in the
case of a person described in
clause (i)(I) of subparagraph
(A)) or unrestricted donor
payments (in the case of a
person described in clause (ii)
of subparagraph (A)) to the
covered organization during the
covered organization reporting
period involved in an aggregate
amount equal to or exceeding
$10,000; and
``(III) all of the persons
who made donations or payments
(in the case of a person
described in clause (i)(I) of
subparagraph (A)) or
unrestricted donor payments (in
the case of a person described
in clause (ii) of subparagraph
(A)) to the covered
organization during the covered
organization reporting period
in any amount were
individuals.''.
Page 39, insert after line 17 the following:
``(E) Determination of amount of certain
payments among affiliates.--For purposes of
determining the amount of any donation,
payment, or transfer under this subsection
which is made by a covered organization to
another covered organization which is an
affiliate of the covered organization or each
of which is an affiliate of the same
organization (as determined in accordance with
subparagraph (B)(iii)), to the extent that the
donation, payment, or transfer consists of
funds attributable to dues, fees, or
assessments which are paid by individuals on a
regular, periodic basis in accordance with a
per-individual calculation which is made on a
regular basis, the donation, payment, or
transfer shall be attributed to the individuals
paying the dues, fees, or assessments and shall
not be attributed to the covered
organization.''.
Page 39, line 18, strike ``(E)'' and insert ``(F)''.
Page 40, line 18, strike ``(F)'' and insert ``(G)''.
Page 40, line 22, strike the period and insert the following:
``, other than a corporation which is 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.''.
Page 41, line 5, strike the period and insert the following:
``, other than an exempt section 501(c)(4) organization (as
defined in section 301(27)).''.
Page 41, line 10, strike ``(G)'' and insert ``(H)''.
Page 42, line 9, strike ``the following information:'' and
insert ``the following information (subject to subparagraph
(B)(iv)):''.
Page 43, strike line 18 and all that follows through page 44,
line 16, and insert the following:
``(I) in an aggregate amount
equal to or exceeding $1,000
during such period, if the
organization made any of the
disbursements which are
described in subclause (II)
from a source other than 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
organization made from its
Campaign-Related Activity
Account under section 326 all
of its disbursements for
electioneering communications
during such period which are,
on the basis of a reasonable
belief by the organization,
subject to treatment as
disbursements for an exempt
function for purposes of
section 527(f) of the Internal
Revenue Code of 1986 (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),''.
Page 44, line 24, strike ``For purposes'' and insert
``Subject to clause (iii), for purposes''.
Page 45, line 21, strike ``or any other person who'' and
insert ``which''.
Page 46, line 1, strike ``person'' and insert ``covered
organization''.
Page 46, line 5, strike ``person'' and insert ``covered
organization''.
Page 46, line 10, strike ``or does so''.
Page 46, line 15, strike ``person'' and insert ``covered
organization''.
Page 46, strike line 18 and all that follows through page 47,
line 13 and insert the following:
``(cc) the covered
organization and the
person to whom the
amounts were
transferred engaged in
written or oral
discussion regarding
the person either
making, or paying for,
any electioneering
communication, or
donating or
transferring the
amounts to another
person for that
purpose;
``(dd) the covered
organization which
transferred the funds
knew or had reason to
know that the person to
whom the amounts were
transferred intended to
make electioneering
communications; or
``(ee) the covered
organization which
transferred the funds
or the person to whom
the amounts were
transferred made one or
more electioneering
communications in an
aggregate amount of
$50,000 or more during
the 2-year period which
ends on the date on
which the amounts were
transferred.''.
Page 47, strike lines 14 through 25 and insert the following:
``(II) The covered
organization shall not be
deemed to have transferred the
amounts for the purpose of
making an electioneering
communication if--
``(aa) the transfer
was a commercial
transaction occurring
in the ordinary course
of business between the
covered organization
and the person to whom
the amounts were
transferred, unless
there is affirmative
evidence that the
amounts were
transferred for the
purpose of making an
electioneering
communication; or
``(bb) the covered
organization and the
person to whom the
amounts were
transferred mutually
agreed (as provided in
section 325(b)(1)) that
the person will not use
the amounts for
campaign-related
activity.''.
Page 47, add after line 25 the following:
``(iii) Special rule regarding
transfers among affiliates.--
``(I) Special rule.--In the
case of an amount transferred
by one covered organization to
another covered organization
which is treated as a transfer
between affiliates under
subclause (II), clause (i) and
(ii) shall apply to the covered
organization which transfers
the amount only if the
aggregate amount transferred
during the year by such covered
organization to that same
covered organization is equal
to or greater than $50,000.
``(II) 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--
``(aa) one of the
organizations is an
affiliate of the other
organization; or
``(bb) 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
disbursing funds for campaign-
related activity.
``(III) Determination of
affiliate status.--For purposes
of subclause (II), a covered
organization is an affiliate of
another covered organization
if--
``(aa) the governing
instrument of the
organization requires
it to be bound by
decisions of the other
organization;
``(bb) 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
``(cc) the
organization is
chartered by the other
organization.
``(IV) Coverage of transfers
to affiliated section 501(c)(3)
organizations.--This clause
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 clause applies to an
amount transferred by a covered
organization to another covered
organization.
``(iv) Special threshold for
disclosure of donors.--Notwithstanding
clause (i) or (ii) of subparagraph (A),
if a covered organization is required
to include the identification of a
person described in such clause in a
statement filed under this subsection
because the covered organization is
deemed (in accordance with clause (ii))
to have transferred amounts for the
purpose of making an electioneering
communication, the organization shall
include the identification of the
person only if the person made
donations or payments (in the case of a
person described in clause (i)(I) of
subparagraph (A)) or unrestricted donor
payments (in the case of a person
described in clause (ii) of
subparagraph (A)) to the covered
organization during the covered
organization reporting period involved
in an aggregate amount equal to or
exceeding $10,000.
``(v) Waiver of requirement to file
statement.--Notwithstanding clause (i),
a covered organization which is
considered to have made a disbursement
for an electioneering communication
under such clause shall not be required
to file a report under this subsection
if--
``(I) the organization would
be required to file the report
solely because the organization
is deemed (in accordance with
clause (ii)) to have
transferred amounts for the
purpose of making an
electioneering communication;
``(II) no person made
donations or payments (in the
case of a person described in
clause (i)(I) of subparagraph
(A)) or unrestricted donor
payments (in the case of a
person described in clause (ii)
of subparagraph (A)) to the
covered organization during the
covered organization reporting
period involved in an aggregate
amount equal to or exceeding
$10,000; and
``(III) all of the persons
who made donations or payments
(in the case of a person
described in clause (i)(I) of
subparagraph (A)) or
unrestricted donor payments (in
the case of a person described
in clause (ii) of subparagraph
(A)) to the covered
organization during the covered
organization reporting period
in any amount were
individuals.''.
Page 48, insert after line 23 the following:
``(D) Determination of amount of certain
payments among affiliates.--For purposes of
determining the amount of any donation,
payment, or transfer under this subsection
which is made by a covered organization to
another covered organization which is an
affiliate of the covered organization or each
of which is an affiliate of the same
organization (as determined in accordance with
subparagraph (B)(iii)), to the extent that the
donation, payment, or transfer consists of
funds attributable to dues, fees, or
assessments which are paid by individuals on a
regular, periodic basis in accordance with a
per-individual calculation which is made on a
regular basis, the donation, payment, or
transfer shall be attributed to the individuals
paying the dues, fees, or assessments and shall
not be attributed to the covered
organization.''.
Page 48, line 24, strike ``(D)'' and insert ``(E)''.
Page 50, line 1, strike ``(E)'' and insert ``(F)''.
Page 50, line 5, strike the period and insert the following:
``, other than a corporation which is 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.''.
Page 50, line 12, strike the period and insert the following:
``, other than an exempt section 501(c)(4) organization (as
defined in section 301(27)).''.
Page 50, line 17, strike ``(F)'' and insert ``(G)''.
Page 50, line 21, strike ``Section 304(2)'' and insert
``Section 304(f)(2)''.
Page 51, insert after line 2 the following:
(c) Exemption of Certain Section 501(c)(4) Organizations.--
Section 301 of such Act (2 U.S.C. 431) is amended by adding at
the end the following:
``(27) Exempt section 501(c)(4) organization.--The
term `exempt section 501(c)(4) organization' means,
with respect to disbursements made by an organization
during a calendar year, an organization for which the
chief executive officer of the organization certifies
to the Commission (prior to the first disbursement made
by the organization during the year) that each of the
following applies:
``(A) The organization is described in
paragraph (4) of section 501(c) of the Internal
Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code, and was so
described and so exempt during each of the 10
previous calendar years.
``(B) The organization has at least 500,000
individuals who paid membership dues during the
previous calendar year (determined as of the
last day of that year).
``(C) The dues-paying membership of the
organization includes at least one individual
from each State. For purposes of this
subparagraph, the term `State' means each of
the several States, the District of Columbia,
and the Commonwealth of Puerto Rico.
``(D) During the previous calendar year, the
portion of funds provided to the organization
by corporations (as described in section 316)
or labor organizations (as defined in section
316), other than funds provided pursuant to
commercial transactions occurring in the
ordinary course of business, did not exceed 15
percent of the total amount of all funds
provided to the organization from all sources.
``(E) The organization does not use any of
the funds provided to the organization by
corporations (as described in section 316) or
labor organizations (as defined in section 316)
for campaign-related activity (as defined in
section 325).''.
Page 55, line 4, strike ``that were restricted'' and insert
``that were subject to a mutual agreement (as provided in
subsection (b)(1)) that the organization will not use the funds
for campaign-related activity''.
Page 55, line 22, strike the period and insert the following:
``, other than a corporation which is 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.''.
Page 56, line 4, strike the period and insert the following:
``, other than an exempt section 501(c)(4) organization (as
defined in section 301(27)).''.
Page 56, line 17, strike ``any other person, or (in
accordance with subparagraph (B))'' and insert ``any other
person (subject to subparagraph (C)), or (in accordance with
subparagraph (B) and subject to subparagraph (C))''.
Page 57, line 3, strike ``any other person, or (in
accordance with subparagraph (B))'' and insert ``any other
person (subject to subparagraph (C)), or (in accordance with
subparagraph (B) and subject to subparagraph (C))''.
Page 57, line 13, strike ``one person'' and insert ``a
covered organization''.
Page 57, line 23, strike ``person'' and insert ``covered
organization''.
Page 58, line 3, strike ``or does so''.
Page 58, line 8, strike ``person'' and insert ``covered
organization''.
Page 58, strike line 12 and all that follows through page 59,
line 7 and insert the following:
``(III) the covered
organization and the person to
whom the amounts were
transferred engaged in written
or oral discussion regarding
the person either making, or
paying for, such independent
expenditures or electioneering
communications, or donating or
transferring the amounts to
another person for that
purpose;
``(IV) the covered
organization which transferred
the funds knew or had reason to
know that the person to whom
the amounts were transferred
intended to make such
independent expenditures or
electioneering communications;
or
``(V) the covered
organization which transferred
the funds or the person to whom
the amounts were transferred
made one or more such
independent expenditures or
electioneering communications
in an aggregate amount of
$50,000 or more during the 2-
year period which ends on the
date on which the amounts were
transferred.''.
Page 59, strike lines 8 through 19 and insert the following:
``(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--
``(I) the transfer was a
commercial transaction
occurring in the ordinary
course of business between the
covered organization and the
person to whom the amounts were
transferred, unless there is
affirmative evidence that the
amounts were transferred for
the purpose of making such an
independent expenditure or
electioneering communication;
or
``(II) the covered
organization and the person to
whom the amounts were
transferred mutually agreed (as
provided in subsection (b)(1))
that the person will not use
the amounts for campaign-
related activity.''.
Page 59, insert after line 19 the following:
``(C) Special rule regarding transfers among
affiliates.--
``(i) Special rule.--In the case of a
transfer of an amount by one covered
organization to another covered
organization which is treated as a
transfer between affiliates under
clause (ii), subparagraphs (A) and (B)
shall apply to the transfer only if the
aggregate amount transferred during the
year by such covered organization to
that same covered organization is equal
to or greater than $50,000.
``(ii) Determination of amount of
certain transfers among affiliates.--In
determining the amount of a transfer
between affiliates for purposes of
clause (I), to the extent that the
transfer consists of funds attributable
to dues, fees, or assessments which are
paid by individuals on a regular,
periodic basis in accordance with a
per-individual calculation which is
made on a regular basis, the transfer
shall be attributed to the individuals
paying the dues, fees, or assessments
and shall not be attributed to the
covered organization.
``(iii) 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
disbursing funds for campaign-related
activity.
``(iv) Determination of affiliate
status.--For purposes of clause (ii), 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.
``(v) Coverage of transfers to
affiliated section 501(c)(3)
organizations.--This subparagraph 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
subparagraph applies to an amount
transferred by a covered organization
to another covered organization.''.
Page 60, line 12, strike ``Title III'' and insert the
following:
(a) In General.--Title III
Page 61, line 10, strike ``Account.'' and insert the
following: ``Account, other than disbursements for campaign-
related activity which, on the basis of a reasonable belief by
the organization, would not be treated as disbursements for an
exempt function for purposes of section 527(f) of the Internal
Revenue Code of 1986.''.
Page 63, line 10, strike ``and if any person'' and all that
follows through ``campaign-related activity,'' and insert the
following: ``and if the organization and any such person have
mutually agreed (as provided in section 325(b)(1)) that the
organization will not use the person's donation, payment, or
transfer for campaign-related activity,''.
Page 63, line 18, strike ``payment.'' and insert ``payment
which is subject to the mutual agreement.''.
Page 64, line 2, strike the period and insert the following:
``, other than a corporation which is 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.''.
Page 64, line 8, strike the period and insert the following:
``, other than an exempt section 501(c)(4) organization (as
defined in section 301(27)).''.
Page 64, after line 14, insert the following:
(b) Clarification of Treatment as Separate Segregated Fund.--
A Campaign-Related Activity Account (within the meaning of
section 326 of the Federal Election Campaign Act of 1971, as
added by subsection (a)) may be treated as a separate
segregated fund for purposes of section 527(f)(3) of the
Internal Revenue Code of 1986.
Page 65, line 12, strike ``which makes only electioneering
communications or independent expenditures consisting of public
communications'' and insert ``which is described in subsection
(e)(7)(B)''.
Page 66, line 3, strike ``which makes only electioneering
communications or independent expenditures consisting of public
communications'' and insert ``which is described in paragraph
(7)(B)''.
Page 70, line 12, strike ``section 304'' and insert ``section
304 during the 12-month period which ends on the date of the
disbursement''.
Page 71, line 1, strike ``section 304'' and insert ``section
304 during the 12-month period which ends on the date of the
disbursement''.
Page 71, line 17, strike ``section 304'' and insert ``section
304 during the 12-month period which ends on the date of the
disbursement''.
Page 71, line 20, strike ``which was'' and insert ``in an
amount equal to or exceeding $10,000 which was''.
Page 72, line 8, strike ``section 304'' and insert ``section
304 during the 12-month period which ends on the date of the
disbursement''.
Page 72, line 12, strike ``which was'' and insert ``in an
amount equal to or exceeding $10,000 which was''.
Page 72, line 19, strike ``304(g)(5)(A)(ii)),'' and insert
``302(g)(5)(A)(ii)) in an amount equal to or exceeding
$10,000,''.
Page 73, line 11, strike ``section 304'' and insert ``section
304 during the 12-month period which ends on the date of the
disbursement''.
Page 74, line 1, strike ``section 304'' and insert ``section
304 during the 12-month period which ends on the date of the
disbursement''.
Page 74, line 17, strike ``section 304'' and insert ``section
304 during the 12-month period which ends on the date of the
disbursement''.
Page 74, line 20, strike ``which was'' and insert ``in an
amount equal to or exceeding $10,000 which was''.
Page 75, line 9, strike ``section 304'' and insert ``section
304 during the 12-month period which ends on the date of the
disbursement''.
Page 75, line 11, strike ``which was'' and insert ``in an
amount equal to or exceeding $10,000 which was''.
Page 75, line 20, strike ``304(f)(6)(A)(ii)),'' and insert
``304(f)(6)(A)(ii)) in an amount equal to or exceeding
$10,000,''.
Page 76, line 10, strike ``any type'' and insert ``any type
in an aggregate amount equal to or exceeding $10,000''.
Page 76, line 13, strike ``section 304'' and insert ``section
304 during the 12-month period which ends on the date of the
disbursement''.
Page 76, line 20, strike ``any type'' and insert ``any type
in an aggregate amount equal to or exceeding $10,000''.
Page 76, line 24, strike ``section 304'' and insert ``section
304 during the 12-month period which ends on the date of the
disbursement''.
Page 78, insert after line 3 the following:
``(7) Application to certain pacs.--
``(A) Application.--This subsection shall
apply with respect to an electioneering
communication, and to an independent
expenditure consisting of a public
communication, which is paid for in whole or in
part with a payment by a political committee
described in subparagraph (B) in the same
manner as this subsection applies with respect
to an electioneering communication and an
independent expenditure consisting of a public
communication which is paid for in whole or in
part with a payment which is treated as a
disbursement by a covered organization under
section 325, except that--
``(i) in applying paragraph (4)(C),
the `significant funder' with respect
to such an electioneering communication
or such an independent expenditure
shall be the person who is identified
as providing the largest aggregate
amount of contributions, donations, or
payments to the political committee
during the 12-month period which ends
on the date the committee made the
disbursement for the electioneering
communication or independent
expenditure (as determined on the basis
of the information contained in all
reports filed by the committee under
section 304 during such period); and
``(ii) in applying paragraph (5), the
`Top 5 Funders list' shall be a list of
the 5 persons who are identified as
providing the largest aggregate amounts
of contributions, donations, or
payments to the political committee
during such 12-month period (as
determined on the basis of the
information contained in all such
reports).
``(B) Political committee described.--A
political committee described in this
subparagraph is a political committee which
receives or accepts contributions or donations
which do not comply with the contribution
limits or source prohibitions of this Act.''.
Page 78, line 4, strike ``(7)'' and insert ``(8)''.
Page 79, line 4, strike ``(8)'' and insert ``(9)''.
Page 79, line 8, strike the period and insert the following:
``, other than a corporation which is 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.''.
Page 79, line 14, strike the period and insert the following:
``, other than an exempt section 501(c)(4) organization (as
defined in section 301(27)).''.
Page 79, line 18, strike ``(9)'' and insert ``(10)''.
Page 80, line 13, strike ``section 325,'' and insert the
following: ``section 325, or which is paid for in whole or in
part by a political committee described in subsection
(e)(7)(B),''.
Page 80, line 19, strike ``subsection (e)(4)(C)(i)'' and
insert ``subsection (e)(4)(C)(i) or (e)(7)(A)(i)''.
Page 81, line 1, strike ``subsection (e)(5)'' and insert
``subsection (e)(5) or (e)(7)(A)(ii)''.
Page 82, line 4, strike ``section 325,'' and insert the
following: ``section 325, or which is paid for in whole or in
part by a political committee described in subsection
(e)(7)(B),''.
Page 82, line 6, strike ``subsection (e)(4)'' and insert
``subsection (e)(4) or (e)(7)''.
Page 82, line 8, strike ``statement required to be included
under paragraph (1)(A)'' and insert ``statements required to be
included under paragraph (1)''.
Page 82, line 10, strike the period and insert the following:
``, unless, on the basis of criteria established in regulations
promulgated by the Commission, the communication is of such
short duration that including the statement in the
communication would constitute a hardship to the person paying
for the communication by requiring a disproportionate amount of
the communication's content to consist of the statement.''.
Page 82, add after line 19 the following:
SEC. 215. INDEXING OF CERTAIN AMOUNTS.
Title III of the Federal Election Campaign Act of 1971, as
amended by section 213, is amended by adding at the end the
following new section:
``SEC. 327. INDEXING OF CERTAIN AMOUNTS.
``(a) Indexing.--In any calendar year after 2010--
``(1) each of the amounts referred to in subsection
(b) shall be increased by the percent difference
determined under subparagraph (A) of section 315(c)(1),
except that for purposes of this paragraph, such
percent difference shall be determined as if the base
year referred to in such subparagraph were 2009;
``(2) each amount so increased shall remain in effect
for the calendar year; and
``(3) if any amount after adjustment under paragraph
(1) is not a multiple of $100, such amount shall be
rounded to the nearest multiple of $100.
``(b) Amounts Described.--The amounts referred to in this
subsection are as follows:
``(1) The amount referred to in section
304(g)(5)(A)(i)(I).
``(2) The amount referred to in section
304(g)(5)(A)(ii)(I).
``(3) Each of the amounts referred to in section
304(g)(5)(A)(ii)(II).
``(4) The amount referred to in section
304(g)(5)(B)(ii)(I)(ee).
``(5) The amount referred to in section
304(g)(5)(B)(iii)(I).
``(6) The amount referred to in section
304(f)(6)(A)(i)(I).
``(7) The amount referred to in section
304(f)(6)(A)(ii)(I).
``(8) Each of the amounts referred to in section
304(f)(6)(A)(ii)(II).
``(9) The amount referred to in section
304(f)(6)(B)(ii)(I)(ee).
``(10) The amount referred to in section
304(f)(6)(B)(iii)(I).
``(11) The amount referred to in section 317(b).
``(12) Each of the amounts referred to in section
318(e)(4)(C).
``(13) The amount referred to in section
325(d)(2)(B)(i)(V).
``(14) The amount referred to in section
325(d)(2)(C)(i).''.
Page 84, line 4, strike ``referred to in the communication''
and all that follows through ``the candidate; and'' and insert
``referred to in the communication; and''.
Page 84, line 21, strike ``section 213'' and insert ``section
215''.
Page 85, line 1, strike ``327'' and insert ``328''.
Page 85, line 24, strike ``involved, the office sought'' and
all that follows through ``in opposition to the candidate;''
and insert ``involved and the office sought by the
candidate;''.
Page 87, line 18, strike the period and insert the following:
``, other than a corporation which is 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.''.
Page 87, line 24, strike the period and insert the following:
``, other than an exempt section 501(c)(4) organization (as
defined in section 301(27)).''.
Page 88, strike lines 19 through 24.
Page 89, line 6, insert after ``Senate'' the following: ``who
satisfies the requirements for standing under article III of
the Constitution''.
Page 89, insert after line 21 the following:
SEC. 402. NO EFFECT ON PROTECTIONS AGAINST THREATS, HARASSMENTS, AND
REPRISALS.
Nothing in this Act or in any amendment made by this Act
shall be construed to affect any provision of law or any 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 disclosure of the
information would subject the person to threats, harassments,
or reprisals.
Page 89, line 22, strike ``402'' and insert ``403''.
Page 90, line 5, strike ``403'' and insert ``404''.
----------
PART B--TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Ackerman, of New York,
or His Designee, Debatable for 10 Minutes
Page 85, line 10, strike ``such report'' and insert ``such
report, in a clear and conspicuous manner,''.
----------
2. An Amendment To Be Offered by Representative Steve King, of Iowa, or
His Designee, Debatable for 10 Minutes
Add at the end of title I the following new section:
SEC. 106. REMOVAL OF LIMITATIONS ON FEDERAL ELECTION CAMPAIGN
CONTRIBUTIONS.
Section 315(a) of the Federal Election Campaign Act of 1971
(2 U.S.C. 441a(a)) is amended by adding at the end the
following new paragraph:
``(9) The limitations established under this subsection shall
not apply to contributions made during calendar years beginning
after 2009.''.
----------
3. An Amendment To Be Offered by Representative Kucinich, of Ohio, or
His Designee, Debatable for 10 Minutes
Page 15, insert after line 15 the following:
(c) Application to Persons Holding Leases for Drilling in
Outer Continental Shelf.--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 a lease for
exploration for, and development and production of, oil
and gas under the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), 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
termination of such lease;
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''.
Page 15, line 16, strike ``(c)'' and insert ``(d)''.
----------
4. An Amendment To Be Offered by Representative Pascrell, of New
Jersey, or His Designee, Debatable for 10 Minutes
In section 319(b)(3) of the Federal Election Campaign Act of
1971, as proposed to be added by section 102(a) of the bill,
strike subparagraph (A) and insert the following:
``(A) in which a foreign national described
in paragraph (1) or (2) directly or indirectly
owns or controls--
``(i) 5 percent or more of the voting
shares, if the foreign national is a
foreign country, a foreign government
official, or a corporation principally
owned or controlled by a foreign
country or foreign government official;
or
``(ii) 20 percent or more of the
voting shares, if the foreign national
is not described in clause (i);
``(B) in which two or more foreign nationals
described in paragraph (1) or (2), each of whom
owns or controls at least 5 percent of the
voting shares, directly or indirectly own or
control 50 percent or more of the voting
shares;''.
----------
5. An Amendment To Be Offered by Representative Patrick Murphy, of
Pennsylvania, or His Designee, Debatable for 10 Minutes
In section 318(e) of the Federal Election Campaign Act of
1971, as proposed to be added by section 214(b)(2) of the bill,
strike paragraphs (2) and (3) and insert the following:
``(2) Individual disclosure statement described.--The
individual disclosure statement described in this
paragraph is the following: `I am _______, of _______,
_______, and I approve this message.', with--
``(A) the first blank filled in with the name
of the applicable individual;
``(B) the second blank filled in with the
local jurisdiction in which the applicable
individual resides; and
``(C) the third blank filled in with the
State in which the applicable individual
resides.
``(3) Organizational disclosure statement
described.--The organizational disclosure statement
described in this paragraph is the following: `I am
_______, the _______ of _______, located in _______,
_______, 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;
``(C) the third blank to be filled in with
the name of the organization or other person
paying for the communication;
``(D) the fourth blank to be filled in with
the local jurisdiction in which such
organization's or person's principal office is
located;
``(E) the fifth blank to be filled in with
the State in which such organization's or
person's principal office is located; and
``(F) the sixth blank to be filled in with
the name of such organization or person.''.
In section 318(e)(4) of the Federal Election Campaign Act of
1971, as proposed to be added by section 214(b)(2) of the bill,
strike subparagraphs (A) and (B) and insert the following:
``(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 _______, of _______, _______. I helped to
pay for this message, and I approve it.',
with--
``(i) the first blank filled in with
the name of the applicable individual;
``(ii) the second blank filled in
with the local jurisdiction in which
the applicable individual resides; and
``(iii) the third blank filled in
with the State in which the applicable
individual resides.
``(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
_______, located in _______, _______. _______
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;
``(iii) the third blank to be filled
in with the name of the significant
funder of the communication;
``(iv) the fourth blank to be filled
in with the local jurisdiction in which
the significant funder's principal
office is located;
``(v) the fifth blank to be filled in
with the State in which the significant
funder's principal office is located;
and
``(vi) the sixth and seventh blank
each to be filled in with the name of
the significant funder of the
communication.''.
In section 318(e)(5) of the Federal Election Campaign Act of
1971, as proposed to be added by section 214(b)(2) of the
bill--
(1) in subparagraph (A), strike ``provided;'' and
insert ``provided and the local jurisdiction and State
in which each such person lives (in the case of a
person who is an individual) or is located (in the case
of any other person);''; and
(2) in subparagraph (B), striking ``provided.'' and
insert ``provided and the local jurisdiction and State
in which each such person lives (in the case of a
person who is an individual) or is located (in the case
of any other person).''.