89–008 

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 


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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. 


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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. 


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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 campaignrelated 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 


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‘‘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 campaignrelated 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. 


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‘‘(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 EX- PENDITURES.—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’’. 


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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 INDE- PENDENT 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 regardVerDate Mar 15 2010 04:47 Jun 24, 2010 Jkt 089008 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\HR511.XXX HR511

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ing 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, 


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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 DO- NORS.—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 


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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 


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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 


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‘‘(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 transVerDate Mar 15 2010 03:49 Jun 24, 2010 Jkt 089008 PO 00000 Frm 00012 Fmt 6659 Sfmt 6601 E:\HR\OC\HR511.XXX HR511

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ferred by a covered organization to another covered organization. 

‘‘(iv) SPECIAL THRESHOLD FOR DISCLOSURE OF DO- NORS.—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 


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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 


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(b)(1)) that the organization will not use the funds for campaignrelated 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 


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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 AFFILI- ATES.— 

‘‘(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 TRANS- FERS 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 AFFILI- ATES.—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 


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‘‘(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’’. 


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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 ag- gregate 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 ag- gregate 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 

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ments 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: 


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‘‘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 


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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’’. 


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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 lllllll, of lllllll, lllllll, 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 lllllll, the 

lllllll of lllllll, located in lllllll, 

lllllll, and lllllll 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; 


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‘‘(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 INDI- VIDUAL.—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 lllllll, of lllllll, lllllll. 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 INDI- VIDUAL.—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 lllllll, the lllllll of lllllll, located in lllllll, lllllll. lllllll helped to 

pay for this message, and lllllll 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 


rfrederick on DSKD9S0YB1PROD with HEARING
24 

(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).’’. 

Æ 


rfrederick on DSKD9S0YB1PROD with HEARING