H. Res. 1468: H.R. 5175 - Democracy is Strengthened by Casting Light on Spending in Elections Act

COMMITTEE ACTION: REPORTED BY A VOICE VOTE on Wednesday, June 23, 2010.
FLOOR ACTION:  ADOPTED BY A RECORD VOTE OF 220-205 AFTER AGREEING TO THE PREVIOUS QUESTION BY A RECORD VOTE OF 243-181 on Thursday, June 24, 2010.

MANAGERS:McGovern/Foxx

111th Congress 
2nd Session

H.RES 1468

[Report No. 111-511]

 

H.R. 5175 - Democracy is Strengthened by Casting Light on Spending in Elections Act

1.

Structured rule. 

2.

Provides one hour of general debate equally divided and controlled by the chair and ranking minority member of the Committee on House Administration.

3.

Waives all points of order against consideration of the bill except those arising under clause 9 or 10 of rule XXI.

4.

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 the Rules Committee report, shall be considered as adopted and considered as read.

5.

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).

6.

No amendments shall be in order except those amendments printed in part B of the Rules Committee report accompanying the resolution.  Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question.

7.

Waives all points of order against the amendments printed in the report except for clauses 9 and 10 of rule XXI.

8.

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.

9.

Provides one motion to recommit with or without instructions.

10.

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 a designee.

11.

Provides that the Chair may not entertain a motion to strike out the enacting words of the bill.

12.

Provides that measures may be considered under suspension of the rules at any time through 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 rule.

13.

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.

14.

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.

RESOLUTION

Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union 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. The first reading of the bill shall be dispensed with. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI. General debate shall be confined to the bill and shall not exceed one hour equally divided and controlled by the chair and ranking minority member of the Committee on House Administration. After general debate the bill shall be considered for amendment under the five-minute rule. The amendment in the nature of a substitute recommended by the Committee on House Administration now printed in the bill, modified by the amendment printed in part A of the report of the Committee on Rules accompanying this resolution, shall be considered as adopted in the House and in the Committee of the Whole. The bill, as amended, shall be considered as the original bill for the purpose of further amendment under the five-minute rule and shall be considered as read. All points of order against provisions in the bill, as amended, are waived. Notwithstanding clause 11 of rule XVIII, no further amendment to the bill, as amended, shall be in order except those printed in part B of the report of the Committee on Rules. Each further amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question. All points of order against such further amendments are waived except those arising under clause 9 or 10 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill, as amended, to the House with such further amendments as may have been adopted. In the case of sundry further amendments reported from the Committee, the question of their adoption shall be put to the House en gros and without division of the question. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Sec. 2. 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 Chair may not entertain a motion to strike out the enacting words of the bill (as described in clause 9 of rule XVIII).

Sec. 3. It shall be in order at any time through the legislative day of June 25, 2010, for the Speaker to entertain motions that the House suspend the rules. 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 section.

Sec. 4. The requirement of clause 6(a) of rule XIII for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House is waived with respect to any resolution reported through the legislative day of June 25, 2010, providing for consideration or disposition of a measure that includes a subject matter addressed by H.R. 4213.

 

SUMMARY OF AMENDMENT IN PART A PROPOSED TO BE CONSIDERED AS ADOPTED

Brady, Robert (PA)

(REVISED) Would strike section 2 (the findings), clarify the coordination language (including clarifying the availability of the exception for communications appearing in the media), and permit domestic corporations to engage in certain campaign activities which corporations are generally permitted to engage in under current law (so long as the foreign parent does not fund or control the activities) and would modify the contract threshold for applying restrictions on campaign activity to Federal contractors. With respect to the disclosure requirements of title II of the bill: The amendment would exempt from the definition of "covered organization" a class of organizations which are covered under section 501(c)(3) of the tax code and certain large and longstanding organizations covered under section 501(c)(4) of the code. The amendment would clarify the conditions under which an organization would be required to meet the disclosure requirements because it is acting as a conduit for another organization which engages in campaign-related activity. It would also clarify language relating to transfers between covered organizations and limit the situations under which certain transfers among and between affiliate organizations would trigger the disclosure requirements. The amendment would clarify the rules for determining which organizations must appear in disclaimer statements (the so-called "stand by your ad" requirements) and apply these requirements to political committees which accept contributions which exceed the usual limits under law (the so-called "Speech Now" committees). The amendment would apply the standard inflation indexing rules under the Federal Election Campaign Act of 1971 to the various amounts established in the bill. Finally, the amendment would ensure that the disclosure requirements may be waived to protect individuals against threats, harassment, and reprisals, and clarify which persons have standing to file actions to challenge the constitutionality of the bill.

 

SUMMARY OF AMENDMENTS IN PART B PROPOSED TO BE MADE IN ORDER

(summaries derived from information provided by sponsors)

Sponsor

Description

Debate Time

1. Ackerman (NY)

Would require covered organizations to report required disclosures to shareholders, members or donors in a "clear and conspicuous manner."

(10 minutes)

2. King, Steve (IA)

Would eliminate all limitations on federal election campaign contributions.

(10 minutes)

3. Kucinich (OH)

Would clarify that the bill would prohibit those with leases on the Outer Continental Shelf from making campaign-related expenditures.

(10 minutes)

4. Pascrell (NJ), Perriello (VA), Grayson (FL)

Would prohibit political expenditures by corporations with significant foreign government ownership and corporations that have a majority of shares owned by foreign nationals.

(10 minutes)

5. Murphy, Patrick (PA)

Would ensure that citizens know if special interests outside their district or state are trying to impact an election by enhancing advertisement disclaimers to include the city and state of the ad funder's residence or principle office.

(10 minutes)