116 HR 5658 IH: Crime Victims’ Rights Act of 2020
U.S. House of Representatives
2020-01-17
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 5658IN THE HOUSE OF REPRESENTATIVESJanuary 17, 2020Ms. Wasserman Schultz (for herself and Mr. Sensenbrenner) introduced the following bill; which was referred to the Committee on the JudiciaryA BILLTo protect the rights of crime victims, and for other purposes.

 1.Short titleThis Act may be cited as the Crime Victims’ Rights Act of 2020. 2.Crime Victims’ rightsSection 3771 of title 18, United States Code, is amended—
 (1)in subsection (c)— (A)in the heading, strike Best;
 (B)in paragraph (1), by striking shall make their best efforts to see and all that follows through the period at the end and insert the following:  shall—(A)ensure that crime victims are notified of, and accorded, the rights described in subsection (a); or (B)in the case that officers and employees of the Department of Justice are unable meet the requirements of subparagraph (A), attempt to notify the crime victim or the legal representative of the crime victim on not less than 3 occasions in which the mode of contact is valid, including outreach by means of telephone, electronic mail, or certified mail;;
 (2)in subsection (d)— (A)in paragraph (2), strike reasonable procedure and insert reasonable procedure, in writing,; and
 (B)in paragraph (3), by adding at the end the following: Relief under this subsection with respect to the conduct of an attorney for the Government may include the disqualification of the attorney from the proceeding, and such other sanctions or penalties as the court determines appropriate.; and
 (3)by repealing subsection (f). 3.Office of Crime Victims' Rights (a)In generalChapter 237 of title 18, United States Code, is amended by adding at the end the following:

					3772.Office of Crime Victims' Rights
 (a)EstablishmentThere is established within the Office of Professional Responsibility of the Department of Justice the Office of Crime Victims’ Rights, which shall receive, investigate, and adjudicate complaints relating to the violation of the rights of a crime victim under section 3771.
 (b)Crime Victims’ Rights CoordinatorThe Office of Crime Victims’ Rights shall be headed by the Crime Victims’ Rights Coordinator (in this section referred to as the Coordinator). The Coordinator shall be a civil servant appointed to the Senior Executive Service. The Coordinator may be removed from office, other than by impeachment and conviction, only by the personal action of the Attorney General and only for good cause, physical or mental disability (if not prohibited by law protecting persons from discrimination on the basis of such disability), or any other condition that substantially impairs the performance of his or her duties.
 (c)ComplaintsA crime victim or the legal representative of a crime victim may submit to the Office of Crime Victims’ Rights a complaint alleging that an attorney for the Government violated the rights of a crime victim under section 3771, which shall include the following:
 (1)The full name, address, telephone number, and electronic mail address of the complainant. (2)The name and title of the individual who violated the rights of the crime victim.
 (3)The right of the crime victim that was allegedly violated. (4)The details of the allegation, including the name of the court case and the jurisdiction in which the misconduct occurred, if applicable.
 (5)Copies of any document that supports the complainant’s allegation. (6)Any other information relevant to the complaint.
 (d)Period To submit complaintsA complaint under subsection (c) may be submitted beginning on the date of the violation and ending on the date that is 180 days after a final judgment is entered in the underlying criminal proceeding (including any appeal), except that the Coordinator may extend such filing period for good cause.
 (e)Log of complaintsThe Coordinator shall maintain a log of each complaint submitted under subsection (c). (f)Complaint process (1)InvestigationNot later than 180 days after receiving a complaint under subsection (c), the Coordinator shall complete an investigation and issue a final order with respect to an alleged violation. At the request of the Coordinator, the Attorney General may grant one extension of not more than 60 days under this paragraph.
 (2)HearingIn conducting an investigation under paragraph (1), the Coordinator may hold a hearing, and shall hold a hearing at the written request of the complainant submitted not later than 15 days after the Coordinator acknowledges receipt of the complaint.
 (3)StandardIf the Coordinator determines, by a preponderance of the evidence, that the attorney for the Government knowingly violated the rights of a crime victim under section 3771, the Coordinator shall impose appropriate disciplinary action against the attorney under paragraph (4)(A) and, except as provided in paragraph (4)(B)(iii), make the final order issued under paragraph (4) available to the public.
							(4)Order of decision
 (A)In generalThe Coordinator shall issue an order with respect to a complaint filed under this section, and shall provide the order to the complainant and to the attorney for the Government.
								(B)Contents of order
 (i)Violation of rightsIn the case that the Coordinator determines that the attorney for the Government violated the rights of a crime victim under section 3771, the Coordinator may impose disciplinary action which may consist of—
 (I)referral to each State bar association of which the attorney is a member in good standing not later than 30 days after the date on which the final order is made available;
 (II)suspension or termination from employment; (III)suspension from practicing law on behalf of the United States; and
 (IV)referral to the appropriate United States Attorney if there is evidence of criminal misconduct. (ii)Lesser violationsIn the case that there is substantial evidence of an ethical violation by the attorney for the Government that does not amount to a violation of the rights of a crime victim under section 3771, the Coordinator may refer such violation—
 (I)to the Director of Office of Professional Responsibility for adjudication; (II)to each State bar association of which the attorney is a member in good standing; and
 (III)to the appropriate supervisor of the attorney. (iii)No violation or insufficient evidenceIn the case that the Coordinator determines that the attorney for the Government did not violate section 3771 or that there is insufficient evidence to determine whether the attorney for the Government violated section 3771, the Coordinator shall enter an order to such effect. An order under this clause shall not be made available to the public.
 (iv)Delayed effectAny sanctions imposed pursuant to an order under this section may not take effect until after the expiration of the time period to file an appeal, or in the case that an appeal is pending, until after the appeal is final.
 (v)Notice of determinationNot later than 30 days after the date of which the period to seek a review expires, notice of the issuance of a final order shall be made publicly available on the website of the Office of Crime Victims’ Rights.
									(5)Appeal to the Attorney General
 (A)In generalNot later than 10 business days after the issuance of an order under paragraph (4), the complainant or the attorney for the Government may appeal the order to the Attorney General.
 (B)Time for reviewNot later than 30 days after an appeal is filed under this paragraph, the Attorney General shall review the order.
 (C)Notice to CongressIn the case that the Attorney General does not uphold the decision of the Coordinator, the Attorney General shall notify Congress as soon as practicable, but in no case later than 10 business days after completing review.
 (D)Failure to reviewIf the Attorney General fails to review an order pursuant to an appeal filed under this paragraph, the order shall be deemed to have been upheld by the Attorney General on the date that is 45 days after the appeal is filed.
 (g)Rights of complainantThe complainant shall have the following rights: (1)Notice of receiptThe Coordinator shall provide to the complainant notice of receipt of a complaint not later than 10 days after the date of such receipt.
							(2)Right to Counsel
 (A)In generalThe complainant shall have the right to be represented by legal counsel in any hearing under this section.
 (B)Pro bono representationThe Coordinator shall submit to the complainant a list of persons (updated not less often than quarterly) who have indicated their availability to represent crime victims on a pro bono basis.
 (C)Contact information of counselIn the case that a complainant is represented by legal counsel in a hearing convened under this section, the contact information of such attorney shall be included on the complaint.
 (D)Notice of withdrawalIn the case that legal counsel for a complainant withdraws from such representation, the attorney shall provide notice to the Coordinator.
 (3)Right to present evidenceThe complainant shall have the right to present evidence and witnesses at any hearing under this section.
 (h)Rights of attorney for the GovernmentAny attorney for the Government against whom a complaint has been submitted to the Office of Crime Victims’ Rights is entitled to—
 (1)receive notice of a complaint against the attorney not later than 10 days after such complaint is received by the Office of Crime Victims’ Rights;
 (2)a reasonable time to answer in writing and to furnish affidavits and other documentary evidence in support of the answer;
 (3)be represented by legal counsel; (4)be present at any hearing under this section;
 (5)present evidence and witnesses in their defense; (6)a copy of any final order imposing disciplinary action not later than the date on which the order is issued;
 (7)end the complaint process by voluntarily forfeiting the attorney’s bar license in each jurisdiction in which the attorney is licensed; and
 (8)reasonable and timely access to access records of the Department of Justice related to the complaint.
 (i)Report to CongressNot later than 1 year after the date of enactment of this section, and each year thereafter, the Attorney General, acting through the Chief Counsel of the Office of Professional Responsibility of the Department of Justice, shall submit to Congress a report that includes—
 (1)the number of complaints filed with the Office of Crime Victims’ Rights; (2)the number of complaints that are investigated;
 (3)the number of complaints that were referred to a State bar association; (4)a list of Federal districts in which misconduct was alleged to have occurred and the number of complaints from each such district;
 (5)a list of attorneys against whom more than 5 complaints have been submitted to the Office of Crime Victims’ Rights; and
 (6)a list of each alleged violation under section 3771 and information on how frequently each such violation was reported.
							.
 (b)Clerical amendmentThe table of sections for chapter 237 of title 18, United States Code, is amended by adding at the end the following:

						3772. Office of Crime Victims' Rights..


117 S443 IS: Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021
U.S. Senate
2021-02-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS1st SessionS. 443IN THE SENATE OF THE UNITED STATESFebruary 25, 2021Mr. Whitehouse (for himself, Mr. Wyden, Mr. Schumer, Mr. Van Hollen, Mr. Leahy, Mrs. Feinstein, Mrs. Murray, Mr. Durbin, Mr. Reed, Mr. Carper, Ms. Stabenow, Ms. Cantwell, Mr. Menendez, Mr. Cardin, Mr. Sanders, Mr. Brown, Mr. Casey, Ms. Klobuchar, Mr. Tester, Mrs. Shaheen, Mr. Warner, Mr. Merkley, Mr. Bennet, Mrs. Gillibrand, Mr. Coons, Mr. Blumenthal, Mr. Schatz, Ms. Baldwin, Mr. Murphy, Ms. Hirono, Mr. Heinrich, Mr. King, Mr. Kaine, Ms. Warren, Mr. Markey, Mr. Booker, Mr. Peters, Ms. Duckworth, Ms. Hassan, Ms. Cortez Masto, Ms. Smith, Ms. Rosen, Mr. Luján, Mr. Hickenlooper, Mr. Padilla, Mr. Ossoff, and Mr. Warnock) introduced the following bill; which was read twice and referred to the Committee on Rules and AdministrationA BILLTo amend the Federal Election Campaign Act of 1971 to provide for additional disclosure requirements for corporations, labor organizations, Super PACs and other entities, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2021 or the DISCLOSE Act of 2021.(b)Table of contentsThe table of contents of this Act is as follows:Sec. 1. Short title; table of contents.TITLE I—Closing Loopholes Allowing Spending by Foreign Nationals in ElectionsSec. 101. Clarification of prohibition on participation by foreign nationals in election-related activities.Sec. 102. Clarification of application of foreign money ban to certain disbursements and activities.Sec. 103. Audit and report on illicit foreign money in Federal elections.Sec. 104. Prohibition on contributions and donations by foreign nationals in connections with ballot initiatives and referenda.Sec. 105. Disbursements and activities subject to foreign money ban.Sec. 106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals.TITLE II—Reporting of Campaign-Related DisbursementsSec. 201. Reporting of campaign-related disbursements.Sec. 202. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers.Sec. 203. Effective date.TITLE III—Stand By Every AdSec. 301. Short title.Sec. 302. Stand By Every Ad.Sec. 303. Disclaimer requirements for communications made through prerecorded telephone calls.Sec. 304. No expansion of persons subject to disclaimer requirements on internet communications.Sec. 305. Effective date.TITLE IV—Other Administrative ReformsSec. 401. Petition for certiorari.Sec. 402. Judicial review of actions related to campaign finance laws.TITLE V—Other ProvisionsSec. 501. Severability.IClosing Loopholes Allowing Spending by Foreign Nationals in Elections101.Clarification of prohibition on participation by foreign nationals in election-related activities(a)Clarification of prohibitionSection 319(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is amended—(1)by striking or at the end of paragraph (1);(2)by striking the period at the end of paragraph (2) and inserting ; or; and(3)by adding at the end the following new paragraph:(3)a foreign national to direct, dictate, control, or directly or indirectly participate in the decision making process of any person (including a corporation, labor organization, political committee, or political organization) with regard to such person’s Federal or non-Federal election-related activity, including any decision concerning the making of contributions, donations, expenditures, or disbursements in connection with an election for any Federal, State, or local office or any decision concerning the administration of a political committee..(b)Certification of ComplianceSection 319 of such Act (52 U.S.C. 30121) is amended by adding at the end the following new subsection:(c)Certification of compliance required prior to
 carrying out activityPrior to the making in connection with an election for Federal office of any contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication by a corporation, labor organization (as defined in section 316(b)), limited liability corporation, or partnership during a year, the chief executive officer of the corporation, labor organization, limited liability corporation, or partnership (or, if the corporation, labor organization, limited liability corporation, or partnership does not have a chief executive officer, the highest ranking official of the corporation, labor organization, limited liability corporation, or partnership), shall file a certification with the Commission, under penalty of perjury, that a foreign national did not direct, dictate, control, or directly or indirectly participate in the decision making process relating to such activity in violation of subsection (a)(3), unless the chief executive officer has previously filed such a certification during that calendar year..(c)Effective dateThe amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.102.Clarification of application of foreign money ban to certain
								disbursements and activities(a)Application to disbursements to Super PACs and other
 personsSection 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)) is amended—(1)by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right;(2)by striking As used in this section and inserting the following: Definitions.—For purposes of this section—(1)Foreign nationalThe term; and(3)by adding at the end the following new paragraph:(2)Contribution and donationFor purposes of paragraphs (1) and (2) of subsection (a), the term contribution or donation includes any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations, prohibitions, and reporting requirements of this Act (or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions), or to any other person for the purpose of funding an expenditure, independent expenditure, or electioneering communication (as defined in section 304(f)(3))..(b)Conditions under which corporate PACs may make contributions
 and expendituresSection 316(b) of such Act (52 U.S.C. 30118(b)) is amended by adding at the end the following new paragraph:(8)A separate segregated fund established by a corporation may not make a contribution or expenditure during a year unless the fund has certified to the Commission the following during the year:(A)Each individual who manages the fund, and who is responsible for exercising decisionmaking authority for the fund, is a citizen of the United States or is lawfully admitted for permanent residence in the United States.(B)No foreign national under section 319 participates in any way in the decisionmaking processes of the fund with regard to contributions or expenditures under this Act.(C)The fund does not solicit or accept recommendations from any foreign national under section 319 with respect to the contributions or expenditures made by the fund.(D)Any member of the board of directors of the corporation who is a foreign national under section 319 abstains from voting on matters concerning the fund or its activities..103.Audit and report on illicit foreign money in Federal
 elections(a)In generalTitle III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 319 the following new section:319A.Audit and report on disbursements by foreign
 nationals(a)Audit(1)In generalThe Commission shall conduct an audit after each Federal election cycle to determine the incidence of illicit foreign money in such Federal election cycle.(2)ProceduresIn carrying out paragraph (1), the Commission shall conduct random audits of any disbursements required to be reported under this Act, in accordance with procedures established by the Commission.(b)ReportNot later than 180 days after the end of each Federal election cycle, the Commission shall submit to Congress a report containing—(1)results of the audit required by subsection (a)(1); (2)an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among rural communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; (3)an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among African-American and other minority communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; (4)an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on influencing military and veteran communities and the success or failure of these efforts, together with recommendations to address these efforts in future elections; and(5)recommendations to address the presence of illicit foreign money in elections, as appropriate.(c)DefinitionsAs used in this section:(1)The term Federal election cycle means the period which begins on the day after the date of a regularly scheduled general election for Federal office and which ends on the date of the first regularly scheduled general election for Federal office held after such date.(2)The term illicit foreign money means any disbursement by a foreign national (as defined in section 319(b)) prohibited under such section..(b)Effective dateThe amendment made by subsection (a) shall apply with respect to the Federal election cycle that began during November 2020, and each succeeding Federal election cycle.104.Prohibition on contributions and donations by foreign nationals
 in connections with ballot initiatives and referenda(a)In generalSection 319(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)), as amended by section 102(a), is amended by adding at the end the following new paragraph:(3)Federal, State, or local electionThe term Federal, State, or local election includes a State or local ballot initiative or referendum. .(b)Effective dateThe amendment made by this section shall apply with respect to elections held in 2022 or any succeeding year.105.Disbursements and activities subject to foreign money
 ban(a)Disbursements describedSection 319(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended—(1)by striking or at the end of subparagraph (B); and(2)by striking subparagraph (C) and inserting the following:(C)an expenditure;(D)an independent expenditure;(E)a disbursement for an electioneering communication (within the meaning of section 304(f)(3));(F)a disbursement for a communication which is placed or promoted for a fee on a website, web application, or digital application that refers to a clearly identified candidate for election for Federal office and is disseminated within 60 days before a general, special or runoff election for the office sought by the candidate or 30 days before a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate;(G)a disbursement for a broadcast, cable or satellite communication, or for a communication which is placed or promoted for a fee on a website, web application, or digital application, that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy);(H)a disbursement for a broadcast, cable, or satellite communication, or for any communication which is placed or promoted for a fee on an online platform, that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for Federal office is held, but only if the disbursement is made by a foreign principal who is a government of a foreign country or a foreign political party or an agent of such a foreign principal under the Foreign Agents Registration Act of 1938, as amended; (I)a disbursement by a foreign principal who is a government of a foreign country or a foreign political party, or an agent of such a foreign principal under the Foreign Agents Registration Act of 1938, as amended, to compensate any person for internet activity that promotes, supports, attacks or opposes the election of a clearly identified candidate for Federal, State, or local office (regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy); and(J)a disbursement for a Federal judicial nomination communication (as defined in section 324(d)(3))..(b)Online platformSection 319(b) of such Act (51 U.S.C. 30121(b)), as amended by sections 102(a) and 104, is amended by adding at the end the following new paragraph:(4)Online platform(A)In generalThe term online platform means any public-facing website, web application, or digital application (including a social network, ad network, or search engine) which—(i)sells qualified political advertisements; and(ii)has 50,000,000 or more unique monthly United States visitors or users for a majority of months during the preceding 12 months.(B)Qualified political advertisementThe term qualified political advertisement means any advertisement (including search engine marketing, display advertisements, video advertisements, native advertisements, and sponsorships) that—(i)is made by or on behalf of a candidate; or(ii)communicates a message relating to any political matter of national importance, including—(I)a candidate;(II)any election to Federal office; or(III)a national legislative issue of public importance..(c)Effective dateThe amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this Act.106.Prohibiting establishment of corporation to conceal election
 contributions and donations by foreign nationals(a)ProhibitionChapter 29 of title 18, United States Code, is amended by adding at the end the following:612.Establishment of corporation to conceal election
											contributions and donations by foreign
 nationals(a)OffenseIt shall be unlawful for an owner, officer, attorney, or incorporation agent of a corporation, company, or other entity to establish or use the corporation, company, or other entity with the intent to conceal an activity of a foreign national (as defined in section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited under such section 319.(b)PenaltyAny person who violates subsection (a) shall be imprisoned for not more than 5 years, fined under this title, or both..(b)Table of sectionsThe table of sections for chapter 29 of title 18, United States Code, is amended by inserting after the item relating to section 611 the following:612.
											Establishment of corporation to conceal election
											contributions and donations by foreign
											nationals.
									.IIReporting of Campaign-Related Disbursements201.Reporting of campaign-related disbursements(a)Disclosure requirements for corporations, labor
 organizations, and certain other entities(1)In generalSection 324 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as follows:324.Disclosure of campaign-related disbursements by
 covered organizations(a)Disclosure statement(1)In generalAny covered organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)—(A)in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the first such disclosure date) and ending on the first such disclosure date; and(B)in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date.(2)Information describedThe information described in this paragraph is as follows:(A)The name of the covered organization and the principal place of business of such organization and, in the case of a covered organization that is a corporation (other than a business concern that is an issuer of a class of securities registered under section 12 of the Securities Exchange Act of 1934 (15 U.S.C. 78l) or that is required to file reports under section 15(d) of that Act (15 U.S.C. 78o(d))) or an entity described in subsection (e)(2), a list of the beneficial owners (as defined in paragraph (4)(A)) of the entity that—(i)identifies each beneficial owner by name and current residential or business street address; and(ii)if any beneficial owner exercises control over the entity through another legal entity, such as a corporation, partnership, limited liability company, or trust, identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity.(B)The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made.(C)In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate.(D)A certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation, consultation, or concert with or at the request or suggestion of a candidate, authorized committee, or agent of a candidate, political party, or agent of a political party.(E)(i)If the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account, for each such payment to the account—(I)the name and address of each person who made such payment during the period covered by the statement;(II)the date and amount of such payment; and(III)the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date,but only if
												such payment was made by a person who made
												payments to the account in an aggregate amount of
												$10,000 or more during the period beginning on the
												first day of the election reporting cycle (or, if
												earlier, the period beginning one year before the
												disclosure date) and ending on the disclosure
												date.
 (ii)In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2022.(F)(i)If the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph (E), for each payment to the covered organization—(I)the name and address of each person who made such payment during the period covered by the statement;(II)the date and amount of such payment; and(III)the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle (or, if earlier, the period beginning one year before the disclosure date) and ending on the disclosure date,but only if
												such payment was made by a person who made
												payments to the covered organization in an
												aggregate amount of $10,000 or more during the
												period beginning on the first day of the election
												reporting cycle (or, if earlier, the period
												beginning one year before the disclosure date) and
												ending on the disclosure date.
 (ii)In any calendar year after 2022, section 315(c)(1)(B) shall apply to the amount described in clause (i) in the same manner as such section applies to the limitations established under subsections (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, except that for purposes of applying such section to the amounts described in subsection (b), the base period shall be calendar year 2022.(G)Such other information as required in rules established by the Commission to promote the purposes of this section.(3)Exceptions(A)Amounts received in ordinary course of
 businessThe requirement to include in a statement filed under paragraph (1) the information described in paragraph (2) shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments (other than investments by the principal shareholder in a limited liability corporation) in the covered organization. For purposes of this subparagraph, amounts received by a covered organization as remittances from an employee to the employee’s collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization.(B)Donor restriction on use of fundsThe requirement to include in a statement submitted under paragraph (1) the information described in subparagraph (F) of paragraph (2) shall not apply if—(i)the person described in such subparagraph prohibited, in writing, the use of the payment made by such person for campaign-related disbursements; and(ii)the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements.(C)Threat of harassment or reprisalThe requirement to include any information relating to the name or address of any person (other than a candidate) in a statement submitted under paragraph (1) shall not apply if the inclusion of the information would subject the person to serious threats, harassment, or reprisals.(4)Other definitionsFor purposes of this section:(A)Beneficial owner defined(i)In generalExcept as provided in clause (ii), the term beneficial owner means, with respect to any entity, a natural person who, directly or indirectly—(I)exercises substantial control over an entity through ownership, voting rights, agreement, or otherwise; or(II)has a substantial interest in or receives substantial economic benefits from the assets of an entity.(ii)ExceptionsThe term beneficial owner shall not include—(I)a minor child;(II)a person acting as a nominee, intermediary, custodian, or agent on behalf of another person;(III)a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person;(IV)a person whose only interest in an entity is through a right of inheritance, unless the person also meets the requirements of clause (i); or(V)a creditor of an entity, unless the creditor also meets the requirements of clause (i).(iii)Anti-abuse ruleThe exceptions under clause (ii) shall not apply if used for the purpose of evading, circumventing, or abusing the provisions of clause (i) or paragraph (2)(A).(B)Disclosure dateThe term disclosure date means—(i)the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000; and(ii)any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle.(C)Election reporting cycleThe term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office, except that in the case of a campaign-related disbursement for a Federal judicial nomination communication, such term means any calendar year in which the campaign-related disbursement is made.(D)PaymentThe term payment includes any contribution, donation, transfer, payment of dues, or other payment.(b)Coordination with other provisions(1)Other reports filed with the
 CommissionInformation included in a statement filed under this section may be excluded from statements and reports filed under section 304.(2)Treatment as separate segregated
 fundA segregated bank account referred to in subsection (a)(2)(E) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986.(c)FilingStatements required to be filed under subsection (a) shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection (c) or (g) of section 304.(d)Campaign-Related disbursement
 defined(1)In generalIn this section, the term campaign-related disbursement means a disbursement by a covered organization for any of the following:(A)An independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for Federal office, or is the functional equivalent of express advocacy because, when taken as a whole, it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for Federal office.(B)An applicable public communication.(C)An electioneering communication, as defined in section 304(f)(3).(D)A Federal judicial nomination communication.(E)A covered transfer.(2)Applicable public communications(A)In generalThe term applicable public communication means any public communication that refers to a clearly identified candidate for election for Federal office and which promotes or supports the election of a candidate for that office, or attacks or opposes the election of a candidate for that office, without regard to whether the communication expressly advocates a vote for or against a candidate for that office.(B)ExceptionSuch term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (3)Federal judicial nomination
 communication(A)In generalThe term Federal judicial nomination communication means any communication—(i)that is by means of any paid broadcast, cable, or satellite, paid internet, or paid digital communication, paid promotion, newspaper, magazine, outdoor advertising facility, mass mailing, telephone bank, telephone messaging effort of more than 500 substantially similar calls or electronic messages within a 30-day period, or any other form of general public political advertising; and (ii)that is susceptible to no reasonable interpretation other than promoting, supporting, attacking, or opposing the nomination or Senate confirmation of an individual as a Federal judge or justice.(B)ExceptionSuch term shall not include any news story, commentary, or editorial distributed through the facilities of any broadcasting station or any print, online, or digital newspaper, magazine, publication, or periodical, unless such facilities are owned or controlled by any political party, political committee, or candidate. (4)Intent not requiredA disbursement for an item described in subparagraph (A), (B), (C), (D), or (E) of paragraph (1) shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement.(e)Covered organization definedIn this section, the term covered organization means any of the following:(1)A corporation (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986).(2)A limited liability corporation that is not otherwise treated as a corporation for purposes of this Act (other than an organization described in section 501(c)(3) of the Internal Revenue Code of 1986).(3)An organization described in section 501(c) of such Code and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code).(4)A labor organization (as defined in section 316(b)).(5)Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act (except as provided in paragraph (6)).(6)A political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this Act, but only with respect to such accounts.(f)Covered transfer defined(1)In generalIn this section, the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization—(A)designates, requests, or suggests that the amounts be used for—(i)campaign-related disbursements (other than covered transfers); or(ii)making a transfer to another person for the purpose of making or paying for such campaign-related disbursements;(B)made such transfer or payment in response to a solicitation or other request for a donation or payment for—(i)the making of or paying for campaign-related disbursements (other than covered transfers); or(ii)making a transfer to another person for the purpose of making or paying for such campaign-related disbursements;(C)engaged in discussions with the recipient of the transfer or payment regarding—(i)the making of or paying for campaign-related disbursements (other than covered transfers); or(ii)donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements;(D)made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period ending on the date of the transfer or payment, or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that 2-year period; or(E)knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment.(2)ExclusionsThe term covered transfer does not include any of the following:(A)A disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization.(B)A disbursement made by a covered organization if—(i)the covered organization prohibited, in writing, the use of such disbursement for campaign-related disbursements; and(ii)the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements.(3)Special rule regarding transfers among
 affiliates(A)Special ruleA transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph (C) shall be considered a covered transfer by 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.(B)Determination of amount of certain
 payments among affiliatesIn determining the amount of a transfer between affiliates for purposes of subparagraph (A), 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.(C)Description of transfers between
 affiliatesA transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if—(i)one of the organizations is an affiliate of the other organization; or(ii)each of the organizations is an affiliate of the same organization,except that
												the transfer shall not be treated as a transfer
												between affiliates if one of the organizations is
												established for the purpose of making
												campaign-related disbursements.

 (D)Determination of affiliate statusFor purposes of subparagraph (C), 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.(E)Coverage of transfers to affiliated
												section 501(c)(3)
 organizationsThis paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph (3) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization.(g)No effect on other reporting
 requirementsNothing in this section shall be construed to waive or otherwise affect any other requirement of this Act which relates to the reporting of campaign-related disbursements..(2)Conforming amendmentSection 304(f)(6) of such Act (52 U.S.C. 30104) is amended by striking Any requirement and inserting Except as provided in section 324(b), any requirement.(b)Coordination with FinCEN(1)In generalThe Director of the Financial Crimes Enforcement Network of the Department of the Treasury shall provide the Federal Election Commission with such information as necessary to assist in administering and enforcing section 324 of the Federal Election Campaign Act of 1971, as amended by this section.(2)ReportNot later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324.202.Application of foreign money ban to disbursements for
								campaign-related disbursements consisting of covered
 transfersSection 319(b)(2) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by section 102, is amended—(1)by striking includes any disbursement and inserting includes—(A)any disbursement;(2)by striking the period at the end and inserting ; and, and(3)by adding at the end the following new subparagraph:(B)any disbursement, other than a disbursement described in section 324(a)(3)(A), to another person who made a campaign-related disbursement consisting of a covered transfer (as described in section 324) during the 2-year period ending on the date of the disbursement..203.Effective dateThe amendments made by this title shall apply with respect to disbursements made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.IIIStand By Every Ad301.Short titleThis title may be cited as the Stand By Every Ad Act.302.Stand By Every Ad(a)Expanded disclaimer requirements for certain
 communicationsSection 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120) is amended by adding at the end the the following new subsection:(e)Expanded disclaimer requirements for communications
 not authorized by candidates or committees(1)In generalExcept as provided in paragraph (6), any communication described in paragraph (3) of subsection (a) which is transmitted in an audio or video format (including an internet or digital communication), or which is an internet or digital communication transmitted in a text or graphic format, shall include, in addition to the requirements of paragraph (3) of subsection (a), the following:(A)The individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual).(B)If the communication is transmitted in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324—(i)the Top Five Funders list (if applicable); or(ii)in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Five Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Five Funders list, the name of a website which contains the Top Five Funders list (if applicable) or, in the case of an internet or digital communication, a hyperlink to such website.(C)If the communication is transmitted in an audio format and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324—(i)the Top Two Funders list (if applicable); or(ii)in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, is of such short duration that including the Top Two Funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the Top Two Funders list, the name of a website which contains the Top Two Funders list (if applicable).(2)Disclosure statements described(A)Individual disclosure statementsThe individual disclosure statement described in this subparagraph is the following: I am ________, and I approve this message., with the blank filled in with the name of the applicable individual.(B)Organizational disclosure
 statementsThe organizational disclosure statement described in this subparagraph is the following: I am ________, the ________ of ________, and ________ approves this message., with—(i)the first blank to be filled in with the name of the applicable individual;(ii)the second blank to be filled in with the title of the applicable individual; and(iii)the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication.(3)Method of conveyance of statement(A)Communications in text or graphic
 formatIn the case of a communication to which this subsection applies which is transmitted in a text or graphic format, the disclosure statements required under paragraph (1) shall appear in letters at least as large as the majority of the text in the communication.(B)Communications transmitted in audio
 formatIn the case of a communication to which this subsection applies which is transmitted in an audio format, the disclosure statements required under paragraph (1) shall be made by audio by the applicable individual in a clear and conspicuous manner.(C)Communications transmitted in video
 formatIn the case of a communication to which this subsection applies which is transmitted in a video format, the information required under paragraph (1)—(i)shall appear in writing at the end of the communication or in a crawl along the bottom of the communication in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 6 seconds; and(ii)shall also be conveyed by an unobscured, full-screen view of the applicable individual or by the applicable individual making the statement in voice-over accompanied by a clearly identifiable photograph or similar image of the individual, except in the case of a Top Five Funders list.(4)Applicable individual definedThe term applicable individual means, with respect to a communication to which this subsection applies—(A)if the communication is paid for by an individual, the individual involved;(B)if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation);(C)if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; and(D)if the communication is paid for by any other person, the highest ranking official of such person.(5)Top Five Funders list and Top Two Funders list
 defined(A)Top Five Funders listThe term Top Five Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the five persons who, during the 12-month period ending on the date of the disbursement, provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If two or more people provided the fifth largest of such payments, the person paying for the communication shall select one of those persons to be included on the Top Five Funders list.(B)Top Two Funders listThe term Top Two Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the persons who, during the 12-month period ending on the date of the disbursement, provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If two or more persons provided the second largest of such payments, the person paying for the communication shall select one of those persons to be included on the Top Two Funders list.(C)Exclusion of certain paymentsFor purposes of subparagraphs (A) and (B), in determining the amount of payments made by a person to a person paying for a communication, there shall be excluded the following:(i)Any amounts provided in the ordinary course of any trade or business conducted by the person paying for the communication or in the form of investments in the person paying for the communication.(ii)Any payment which the person prohibited, in writing, from being used for campaign-related disbursements, but only if the person paying for the communication agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements.(6)Special rules for certain
												communications(A)Exception for communications paid for by
												political parties and certain political
 committeesThis subsection does not apply to any communication to which subsection (d)(2) applies.(B)Treatment of video communications lasting 10
 seconds or lessIn the case of a communication to which this subsection applies which is transmitted in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, the communication shall meet the following requirements:(i)The communication shall include the individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual).(ii)The statement described in clause (i) shall appear in writing at the end of the communication, or in a crawl along the bottom of the communication, in a clear and conspicuous manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds.(iii)The communication shall include, in a clear and conspicuous manner, a website address with a landing page which will provide all of the information described in paragraph (1) with respect to the communication. Such address shall appear for the full duration of the communication.(iv)To the extent that the format in which the communication is made permits the use of a hyperlink, the communication shall include a hyperlink to the website address described in clause (iii)..(b)Application of expanded requirements to public communications
 consisting of campaign-Related disbursements(1)In generalSection 318(a) of such Act (52 U.S.C. 30120(a)) is amended by striking for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate and inserting for a campaign-related disbursement, as defined in section 324, consisting of a public communication.(2)Clarification of exemption from inclusion of candidate
									disclaimer statement in Federal judicial nomination
 communicationsSection 318(a)(3) of such Act (52 U.S.C. 30120(a)(3)) is amended by striking shall state and inserting shall (except in the case of a Federal judicial nomination communication, as defined in section 324(d)(3)) state. (c)Exception for communications paid for by political parties and
 certain political committeesSection 318(d)(2) of such Act (52 U.S.C. 30120(d)(2)) is amended—(1)in the heading, by striking others and inserting certain political committees;(2)by striking Any communication and inserting (A) Any communication;(3)by inserting which (except to the extent provided in subparagraph (B)) is paid for by a political committee (including a political committee of a political party) and after subsection (a);(4)by striking or other person each place it appears; and(5)by adding at the end the following new subparagraph:(B)(i)This paragraph does not apply to a communication paid for in whole or in part during a calendar year with a campaign-related disbursement, but only if the covered organization making the campaign-related disbursement made campaign-related disbursements (as defined in section 324) aggregating more than $10,000 during such calendar year.(ii)For purposes of clause (i), in determining the amount of campaign-related disbursements made by a covered organization during a year, there shall be excluded the following:(I)Any amounts received by the covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments in the covered organization.(II)Any amounts received by the covered organization from a person who prohibited, in writing, the organization from using such amounts for campaign-related disbursements, but only if the covered organization agreed to follow the prohibition and deposited the amounts in an account which is segregated from any account used to make campaign-related disbursements..(d)Modification of additional requirements for certain communicationsSection 318(d) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(d)) is amended—(1)in paragraph (1)(A)—(A)by striking which is transmitted through radio and inserting which is in an audio format; and(B)by striking By radio in the heading and inserting Audio format;(2)in paragraph (1)(B)—(A)by striking which is transmitted through television and inserting which is in video format; and(B)by striking By television in the heading and inserting Video format; and(3)in paragraph (2)—(A)by striking transmitted through radio or television and inserting made in audio or video format; and(B)by striking through television in the second sentence and inserting in video format.303.Disclaimer requirements for communications made through prerecorded telephone calls(a)Application of requirements(1)In generalSection 318(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is amended by striking mailing each place it appears and inserting mailing, telephone call consisting in substantial part of a prerecorded audio message.(2)Application to communications subject to expanded disclaimer
 requirementsSection 318(e)(1) of such Act (52 U.S.C. 30120(e)(1)), as added by section 302(a), is amended in the matter preceding subparagraph (A) by striking which is transmitted in an audio or video format and inserting which is transmitted in an audio or video format or which consists of a telephone call consisting in substantial part of a prerecorded audio message. (b)Treatment as communication transmitted in audio format(1)Communications by candidates or authorized personsSection 318(d) of such Act (52 U.S.C. 30120(d)) is amended by adding at the end the following new paragraph:(3)Prerecorded telephone callsAny communication described in paragraph (1), (2), or (3) of subsection (a) (other than a communication which is subject to subsection (e)) which is a telephone call consisting in substantial part of a prerecorded audio message shall include, in addition to the requirements of such paragraph, the audio statement required under subparagraph (A) of paragraph (1) or the audio statement required under paragraph (2) (whichever is applicable), except that the statement shall be made at the beginning of the telephone call..(2)Communications subject to expanded disclaimer
 requirementsSection 318(e)(3) of such Act (52 U.S.C. 30120(e)(3)), as added by section 302(a), is amended by adding at the end the following new subparagraph:(D)Prerecorded telephone callsIn the case of a communication to which this subsection applies which is a telephone call consisting in substantial part of a prerecorded audio message, the communication shall be considered to be transmitted in an audio format..304.No expansion of persons subject to disclaimer requirements on
 internet communicationsNothing in this title or the amendments made by this title may be construed to require any person who is not required under section 318 of the Federal Election Campaign Act of 1971 to include a disclaimer on communications made by the person through the internet to include any disclaimer on any such communications.305.Effective dateThe amendments made by this title shall apply with respect to communications made on or after January 1, 2022, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.IVOther Administrative Reforms401.Petition for certiorariSection 307(a)(6) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by inserting (including a proceeding before the Supreme Court on certiorari) after appeal.402.Judicial review of actions related to campaign finance
 laws(a)In generalTitle IV of the Federal Election Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is amended by inserting after section 406 the following new section:407.Judicial review(a)In generalNotwithstanding section 310, if any action is brought for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, or is brought to with respect to any action of the Commission under chapter 95 or 96 of the Internal Revenue Code of 1986, the following rules shall apply:(1)The action shall be filed in the United States District Court for the District of Columbia and an appeal from the decision of the district court may be taken to the Court of Appeals for the District of Columbia Circuit.(2)In the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision, the party filing the action shall concurrently deliver a copy of the complaint to the Clerk of the House of Representatives and the Secretary of the Senate.(3)It shall be the duty of the United States District Court for the District of Columbia, the Court of Appeals for the District of Columbia Circuit, and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal.(b)Intervention by Members of CongressIn any action described in subsection (a) relating to declaratory or injunctive relief to challenge the constitutionality of a provision, any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument.(c)Challenge by Members of CongressAny Member of Congress may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge, whether facially or as-applied, the constitutionality of any provision of this Act or chapter 95 or 96 of the Internal Revenue Code of 1986..(b)Conforming amendments(1)Section 9011 of the Internal Revenue Code of 1986 is amended to read as follows:9011.Judicial reviewFor provisions relating to judicial review of certifications, determinations, and actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971..(2)Section 9041 of the Internal Revenue Code of 1986 is amended to read as follows:9041.Judicial reviewFor provisions relating to judicial review of actions by the Commission under this chapter, see section 407 of the Federal Election Campaign Act of 1971..(3)Section 403 of the Bipartisan Campaign Reform Act of 2002 (52 U.S.C. 30110 note) is repealed.(c)Effective dateThe amendments made by this section shall apply to actions brought on or after January 1, 2021.VOther Provisions501.SeverabilityIf any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.


113 HR 4196 IH: Seniors’ Fairness Act of 2014
U.S. House of Representatives
2014-03-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		2d Session
		H. R. 4196
		IN THE HOUSE OF REPRESENTATIVES

			March 11, 2014
			Mr. Johnson of Ohio introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means and Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To amend the Patient Protection and Affordable Care Act to eliminate Exchange cost-sharing
			 subsidies, to amend title XVIII of the Social Security Act to create a
			 Medicare Advantage Improvement Fund, and for other purposes.

		1.Short titleThis Act may be cited as the Seniors’ Fairness Act of 2014.
		2.Creating Medicare Advantage Improvement FundSection 1859 of the Social Security Act (42 U.S.C. 1395w–28) is amended by adding at the end the
			 following new subsection:

				(h)Medicare Advantage Improvement Fund
					(1)EstablishmentThe Secretary shall establish under this title a Medicare Advantage Improvement Fund (in this
			 subsection referred to as the Fund) which shall be available to make improvements under the Medicare Advantage program under this
			 part, including by—
						(A)preventing cost-sharing increases and the loss of benefits to individuals enrolled in MA plans; and
						(B)ensuring individuals enrolled in MA plans can access a high-quality network of providers.
						(2)Funding
						(A)In generalThere shall be available to the Fund, for expenditures from the Fund during the period of fiscal
			 years 2014 through 2023, $150,000,000,000.
						(B)Funding limitationAmounts in the Fund shall be available to the Secretary only pursuant to an appropriations Act.
						.
		3.Eliminating Exchange cost-sharing subsidies under PPACA
			(a)In generalSection 1402 of the Patient Protection and Affordable Care Act (42 U.S.C. 18071) is amended by
			 adding at the end the following new subsection:

					(g)Termination of reduced cost-Sharing beginning in plan year 2015The provisions of this section shall not apply with respect to plan years after plan year 2014..
			(b)Conforming amendments
				(1)Fair Labor Standards Act of 1938Section 18B(a)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 218b(a)(2)) is amended—
					(A)by striking 1986 and and inserting 1986 and, in the case of plan year 2014,; and
					(B)by inserting a comma after Care Act.
					(2)MedicaidSection 1943(b)(1)(C) of the Social Security Act (42 U.S.C. 1396w–3(b)(1)(C)) is amended by
			 inserting (for plan years in which the provisions of such section apply) after section 1402 of the Patient Protection and Affordable Care Act.


IV
111th CONGRESS
1st Session
H. RES. 488
IN THE HOUSE OF REPRESENTATIVES

May 21, 2009
Mr. Wittman submitted the following resolution; which was referred to the Committee on Armed Services

RESOLUTION
Commending and congratulating Commander David W. Alldridge and the crew of the USS Newport News (SSN 750) on the occasion of the 20th anniversary of the ship’s commissioning.

Whereas June 2009 marks the 20th anniversary of the commissioning of the nuclear attack submarine USS Newport News (SSN 750), constructed by the Newport News Shipbuilding and Dry Dock Company in the city of Newport News;
Whereas the submarine USS Newport News is the eighth vessel to bear the name of this proud shipbuilding city;
Whereas three previous ships, including the heavy cruiser USS Newport News (CA 148), the most decorated ship from the east coast during the Vietnam campaign, have seen naval service;
Whereas since its commissioning in June 1989, the submarine USS Newport News has steamed more than 500,000 nautical miles in support of the Nation's defense;
Whereas the USS Newport News has provided emergent wartime Tomahawk strike warfare and intelligence support during Operation Desert Storm, and its deployment to the Mediterranean Sea, during Operation Desert Fox, during Operation Iraqi Freedom, and the Global War on Terrorism;
Whereas the USS Newport News, which provides the stealth, readiness, endurance, flexibility, and mission capability of the 688 Class nuclear fast attack submarine, has shown the flag during 40 foreign port visits and 4 transits of the Panama Canal;
Whereas the USS Newport News has provided services for seven major multinational battle groups during NATO exercises, has conducted an emergent WESTLANT deployment, and has participated in the commemoration of the Allied landings at Normandy, Operation Sharp Guard in the Adriatic Sea, and Operation Southern Watch in the Red Sea;
Whereas the USS Newport News has recorded several “firsts” in the submarine force, including first to conduct successful launches of and upgrade of the Tomahawk Cruise Missile during both horizontally and vertically launched live-firing missile tests, first to provide a submarine launch of ADCAP torpedoes employing the most updated operational software, the first operational test launch of a BLK IV Tomahawk missile, first to transit the Suez Canal for emergent tasking, first to be graded “excellent” in tactical readiness since the current formal inspection team was formed, and first to deploy with the Advanced Technical Information System, a network computer system located throughout the ship that improves the speed and efficiency of accessing technical information;
Whereas the USS Newport News has been awarded the Southwest Asia Service Medal with two bronze stars, two Arctic Service Ribbons, the Sea Service Deployment Ribbon with three bronze stars, the Navy Expeditionary Medal with two bronze stars, a Meritorious Unit Citation, a Navy Unit Citation, and the Sea Service Ribbon with one silver star and one bronze star; and
Whereas the motto of the USS Newport News, Magni Ominus Umbra,  relates the ship’s name to the well-established shipbuilding and naval traditions of the City of Newport News and the distinguished careers of the naval ships that have proudly carried this name: Now, therefore, be it

That the House of Representatives commends and congratulates Commander David W. Alldridge and the crew of the USS Newport News (SSN 750) on the occasion of the 20th anniversary of the ship’s commissioning.


113 HR 1847 IH: Electronic Communications Privacy Act Amendments Act of 2013
U.S. House of Representatives
2013-05-07
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1847
		IN THE HOUSE OF REPRESENTATIVES

			May 7, 2013
			Mr. Salmon (for
			 himself and Mr. Franks of Arizona)
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To improve the provisions relating to the privacy of
		  electronic communications.

		1.Short titleThis Act may be cited as the
			 Electronic Communications Privacy Act
			 Amendments Act of 2013.
		2.Confidentiality
			 of electronic communicationsSection 2702(a)(3) of title 18, United
			 States Code, is amended to read as follows:

				(3)a provider of
				remote computing service or electronic communication service to the public
				shall not knowingly divulge to any governmental entity the contents of any
				communication described in section 2703(a), or any record or other information
				pertaining to a subscriber or customer of such
				service.
				.
		3.Elimination of
			 180-day rule; search warrant requirement; required disclosure of customer
			 records
			(a)In
			 generalSection 2703 of title 18, United States Code, is
			 amended—
				(1)by striking
			 subsections (a), (b), and (c) and inserting the following:

						(a)Contents of wire
				or electronic communicationsA governmental entity may require
				the disclosure by a provider of electronic communication service or remote
				computing service of the contents of a wire or electronic communication that is
				in electronic storage with or otherwise stored, held, or maintained by the
				provider only if the governmental entity obtains a warrant issued using the
				procedures described in the Federal Rules of Criminal Procedure (or, in the
				case of a State court, issued using State warrant procedures) that is issued by
				a court of competent jurisdiction directing the disclosure.
						(b)NoticeExcept
				as provided in section 2705, not later than 10 business days in the case of a
				law enforcement agency, or not later than 3 business days in the case of any
				other governmental entity, after a governmental entity receives the contents of
				a wire or electronic communication of a subscriber or customer from a provider
				of electronic communication service or remote computing service under
				subsection (a), the governmental entity shall serve upon, or deliver to by
				registered or first-class mail, electronic mail, or other means reasonably
				calculated to be effective, as specified by the court issuing the warrant, the
				subscriber or customer—
							(1)a copy of the
				warrant; and
							(2)a notice that
				includes the information referred to in clauses (i) and (ii) of section
				2705(a)(4)(B).
							(c)Records
				concerning electronic communication service or remote computing
				service
							(1)In
				generalSubject to paragraph (2), a governmental entity may
				require a provider of electronic communication service or remote computing
				service to disclose a record or other information pertaining to a subscriber or
				customer of the provider or service (not including the contents of
				communications), only if the governmental entity—
								(A)obtains a warrant
				issued using the procedures described in the Federal Rules of Criminal
				Procedure (or, in the case of a State court, issued using State warrant
				procedures) that is issued by a court of competent jurisdiction directing the
				disclosure;
								(B)obtains a court
				order directing the disclosure under subsection (d);
								(C)has the consent of
				the subscriber or customer to the disclosure; or
								(D)submits a formal
				written request relevant to a law enforcement investigation concerning
				telemarketing fraud for the name, address, and place of business of a
				subscriber or customer of the provider or service that is engaged in
				telemarketing (as defined in section 2325).
								(2)Information to
				be disclosedA provider of electronic communication service or
				remote computing service shall, in response to an administrative subpoena
				authorized by Federal or State statute, a grand jury, trial, or civil discovery
				subpoena, or any means authorized under paragraph (1), disclose to a
				governmental entity the—
								(A)name;
								(B)address;
								(C)local and long
				distance telephone connection records, or records of session times and
				durations;
								(D)length of service
				(including start date) and types of service used;
								(E)telephone or
				instrument number or other subscriber number or identity, including any
				temporarily assigned network address; and
								(F)means and source
				of payment for such service (including any credit card or bank account number),
				of a subscriber or customer of such service.
								(3)Notice not
				requiredA governmental entity that receives records or
				information under this subsection is not required to provide notice to a
				subscriber or customer.
							;
				and
				(2)by adding at the
			 end the following:

						(h)Rule of
				constructionNothing in this section or in section 2702 shall be
				construed to limit the authority of a governmental entity to use an
				administrative subpoena authorized under a Federal or State statute or to use a
				Federal or State grand jury, trial, or civil discovery subpoena to—
							(1)require an
				originator, addressee, or intended recipient of an electronic communication to
				disclose the contents of the electronic communication to the governmental
				entity; or
							(2)require an entity
				that provides electronic communication services to the officers, directors,
				employees, or agents of the entity (for the purpose of carrying out their
				duties) to disclose the contents of an electronic communication to or from an
				officer, director, employee, or agent of the entity to a governmental entity,
				if the electronic communication is held, stored, or maintained on an electronic
				communications system owned or operated by the
				entity.
							.
				(b)Technical and
			 conforming amendmentsSection 2703(d) of title 18, United States
			 Code, is amended—
				(1)by striking
			 A court order for disclosure under subsection (b) or (c) and
			 inserting A court order for disclosure under subsection (c);
			 and
				(2)by striking
			 the contents of a wire or electronic communication, or.
				4.Delayed
			 noticeSection 2705 of title
			 18, United States Code, is amended to read as follows:

				2705.Delayed
				notice
					(a)Delay of
				notification
						(1)In
				generalA governmental entity that is seeking a warrant under
				section 2703(a) may include in the application for the warrant a request for an
				order delaying the notification required under section 2703(b) for a period of
				not more than 180 days in the case of a law enforcement agency, or not more
				than 90 days in the case of any other governmental entity.
						(2)DeterminationA
				court shall grant a request for delayed notification made under paragraph (1)
				if the court determines that there is reason to believe that notification of
				the existence of the warrant may result in—
							(A)endangering the
				life or physical safety of an individual;
							(B)flight from
				prosecution;
							(C)destruction of or
				tampering with evidence;
							(D)intimidation of
				potential witnesses; or
							(E)otherwise
				seriously jeopardizing an investigation or unduly delaying a trial.
							(3)ExtensionUpon
				request by a governmental entity, a court may grant one or more extensions of
				the delay of notification granted under paragraph (2) of not more than 180 days
				in the case of a law enforcement agency, or not more than 90 days in the case
				of any other governmental entity.
						(4)Expiration of
				the delay of notificationUpon expiration of the period of delay
				of notification under paragraph (2) or (3), the governmental entity shall serve
				upon, or deliver to by registered or first-class mail, electronic mail, or
				other means reasonably calculated to be effective as specified by the court
				approving the search warrant, the customer or subscriber—
							(A)a copy of the
				warrant; and
							(B)notice that
				informs the customer or subscriber—
								(i)of
				the nature of the law enforcement inquiry with reasonable specificity;
								(ii)that information
				maintained for the customer or subscriber by the provider of electronic
				communication service or remote computing service named in the process or
				request was supplied to, or requested by, the governmental entity;
								(iii)of the date on
				which the warrant was served on the provider and the date on which the
				information was provided by the provider to the governmental entity;
								(iv)that notification
				of the customer or subscriber was delayed;
								(v)the identity of
				the court authorizing the delay; and
								(vi)of the provision
				of this chapter under which the delay was authorized.
								(b)Preclusion of
				notice to subject of governmental access
						(1)In
				generalA governmental entity that is obtaining the contents of a
				communication or information or records under section 2703 may apply to a court
				for an order directing a provider of electronic communication service or remote
				computing service to which a warrant, order, subpoena, or other directive under
				section 2703 is directed not to notify any other person of the existence of the
				warrant, order, subpoena, or other directive for a period of not more than 180
				days in the case of a law enforcement agency, or not more than 90 days in the
				case of any other governmental entity.
						(2)DeterminationA
				court shall grant a request for an order made under paragraph (1) if the court
				determines that there is reason to believe that notification of the existence
				of the warrant, order, subpoena, or other directive may result in—
							(A)endangering the
				life or physical safety of an individual;
							(B)flight from
				prosecution;
							(C)destruction of or
				tampering with evidence;
							(D)intimidation of
				potential witnesses; or
							(E)otherwise
				seriously jeopardizing an investigation or unduly delaying a trial.
							(3)ExtensionUpon
				request by a governmental entity, a court may grant one or more extensions of
				an order granted under paragraph (2) of not more than 180 days in the case of a
				law enforcement agency, or not more than 90 days in the case of any other
				governmental entity.
						(4)Prior notice to
				law enforcementUpon expiration of the period of delay of notice
				under this section, and not later than 3 business days before providing notice
				to a customer or subscriber, a provider of electronic communication service or
				remote computing service shall notify the governmental entity that obtained the
				contents of a communication or information or records under section 2703 of the
				intent of the provider of electronic communication service or remote computing
				service to notify the customer or subscriber of the existence of the warrant,
				order, or subpoena seeking that information.
						(c)DefinitionIn
				this section and section 2703, the term law enforcement agency
				means an agency of the United States, a State, or a political subdivision of a
				State, authorized by law or by a government agency to engage in or supervise
				the prevention, detection, investigation, or prosecution of any violation of
				criminal law, or any other Federal or State agency conducting a criminal
				investigation.
					.
		5.Evaluation by the
			 Government Accountability OfficeNot later than September 30, 2015, the
			 Comptroller General of the United States shall submit to Congress a report
			 regarding the disclosure of customer communications and records under section
			 2703 of title 18, United States Code, which shall include—
			(1)an analysis and evaluation of such
			 disclosure under section 2703 of title 18, United States Code, as in effect
			 before the date of enactment of this Act, including—
				(A)a comprehensive
			 analysis and evaluation regarding the number of individual instances, in each
			 of the 5 years before the year in which this Act is enacted, in which Federal,
			 State, or local law enforcement officers used section 2703 of title 18, United
			 States Code, to obtain information relevant to an ongoing criminal
			 investigation;
				(B)an analysis of the
			 average length of time taken by a provider of an electronic communication
			 service or a remote computing service to comply with requests by law
			 enforcement officers for information under section 2703 of title 18, United
			 States Code;
				(C)the number of
			 individual instances, in each of the 5 years before the year in which this Act
			 is enacted, in which information was requested by law enforcement officers from
			 a provider of an electronic communication service or a remote computing service
			 under a warrant as authorized under section 2703(a) of title 18, United States
			 Code;
				(D)the number of
			 individual instances and type of request, in each of the 5 years before the
			 year in which this Act is enacted, in which information was requested by law
			 enforcement officers from a provider of an electronic communication service or
			 a remote computing service under the other information request provisions in
			 section 2703 of title 18, United States Code; and
				(E)the number of
			 individual instances, in each of the 5 years before the year in which this Act
			 is enacted, in which law enforcement officers requested delayed notification to
			 the subscriber or customer under section 2705 of title 18, United States Code;
			 and
				(2)an analysis and evaluation of such
			 disclosure under section 2703 of title 18, United States Code, as amended by
			 this Act, including—
				(A)an evaluation of
			 the effects of the amendments to the warrant requirements on judges, court
			 dockets, or any other court operations;
				(B)a survey of
			 Federal, State, and local judges and law enforcement officers to determine the
			 average length of time required for providers of an electronic communication
			 service or a remote computing service to provide the contents of communications
			 requested under a search warrant, which shall include identifying the number of
			 instances in which a judge was required to order a provider of an electronic
			 communication service or a remote computing service to appear to show cause for
			 failing to comply with a warrant or to issue an order of contempt against a
			 provider of an electronic communication service or a remote computing service
			 for such a failure; and
				(C)determining
			 whether the amendments to the warrant requirements resulted in an increase in
			 the use of the emergency exception under section 2702(b)(8) of title 18, United
			 States Code.
				6.Rule of
			 constructionNothing in this
			 Act or an amendment made by this Act shall be construed to preclude the
			 acquisition by the United States Government of—
			(1)the contents of a wire or electronic
			 communication pursuant to other lawful authorities, including the authorities
			 under chapter 119 of title 18 (commonly known as the Wiretap
			 Act), the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
			 et seq.), or any other provision of Federal law not specifically amended by
			 this Act; or
			(2)records or other information relating to a
			 subscriber or customer of any electronic communications service or remote
			 computing service (not including the content of such communications) pursuant
			 to the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801 et seq.),
			 chapter 119 of title 18 (commonly known as the Wiretap Act), or
			 any other provision of Federal law not specifically amended by this Act.


		II
		111th CONGRESS
		1st Session
		S. 2428
		IN THE SENATE OF THE UNITED STATES

			October 29, 2009
			Mr. Brownback introduced
			 the following bill; which was read twice and referred to the
			 Committee on
			 Finance

		A BILL
		To suspend temporarily the duty on certain men's non-work
		  footwear.

		1.Certain men's non-work
			 footwear
			(a)In
			 GeneralSubchapter II of chapter 99 of the Harmonized Tariff
			 Schedule of the United States is amended by inserting in numerical sequence the
			 following new heading:

								9902.01.00Other footwear with outer soles and uppers of rubber or
						plastics, the foregoing for men, other than house slippers, work footwear,
						tennis shoes, basketball shoes, gym shoes, training shoes, and the like
						(provided for in subheading 6402.99.31)FreeNo
						changeNo changeOn or before 12/31/2011

					.
			(b)Effective
			 DateThe amendment made by subsection (a) applies to goods
			 entered, or withdrawn from warehouse for consumption, on or after the 15th day
			 after the date of the enactment of this Act.