80_FR_45261 80 FR 45116 - Rulemaking Petition: Independent Spending by Corporations, Labor Organizations, Foreign Nationals, and Certain Political Committees (Citizens United)

80 FR 45116 - Rulemaking Petition: Independent Spending by Corporations, Labor Organizations, Foreign Nationals, and Certain Political Committees (Citizens United)

FEDERAL ELECTION COMMISSION

Federal Register Volume 80, Issue 145 (July 29, 2015)

Page Range45116-45116
FR Document2015-18494

On June 19 and June 22, 2015, the Federal Election Commission received two Petitions for Rulemaking that ask the Commission to issue new rules and revise existing rules concerning: (1) The disclosure of certain financing information regarding independent expenditures and electioneering communications; (2) election-related spending by foreign nationals; (3) solicitations of corporate and labor organization employees and members; and (4) the independence of expenditures made by independent-expenditure-only political committees and accounts. The Commission seeks comments on these petitions.

Federal Register, Volume 80 Issue 145 (Wednesday, July 29, 2015) 
[Federal Register Volume 80, Number 145 (Wednesday, July 29, 2015)]
[Proposed Rules]
[Page 45116]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18494]



[[Page 45116]]

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FEDERAL ELECTION COMMISSION

11 CFR Parts 104, 109, 110, 114

[Notice 2015-09]


Rulemaking Petition: Independent Spending by Corporations, Labor 
Organizations, Foreign Nationals, and Certain Political Committees 
(Citizens United)

AGENCY: Federal Election Commission, Energy.

ACTION: Rulemaking petition; notice of availability.

-----------------------------------------------------------------------

SUMMARY: On June 19 and June 22, 2015, the Federal Election Commission 
received two Petitions for Rulemaking that ask the Commission to issue 
new rules and revise existing rules concerning: (1) The disclosure of 
certain financing information regarding independent expenditures and 
electioneering communications; (2) election-related spending by foreign 
nationals; (3) solicitations of corporate and labor organization 
employees and members; and (4) the independence of expenditures made by 
independent-expenditure-only political committees and accounts. The 
Commission seeks comments on these petitions.

DATES: Comments must be submitted on or before October 27, 2015.

ADDRESSES: All comments must be in writing. Commenters are encouraged 
to submit comments electronically via the Commission's Web site at 
http://www.fec.gov/fosers, reference REG 2015-04, or by email to 
[email protected]. Alternatively, commenters may submit 
comments in paper form, addressed to the Federal Election Commission, 
Attn.: Amy L. Rothstein, Assistant General Counsel, 999 E Street NW., 
Washington, DC 20463.
    Each commenter must provide, at a minimum, his or her first name, 
last name, city, state, and zip code. All properly submitted comments, 
including attachments, will become part of the public record, and the 
Commission will make comments available for public viewing on the 
Commission's Web site and in the Commission's Public Records Office. 
Accordingly, commenters should not provide in their comments any 
information that they do not wish to make public, such as a home street 
address, personal email address, date of birth, phone number, social 
security number, or driver's license number, or any information that is 
restricted from disclosure, such as trade secrets or commercial or 
financial information that is privileged or confidential.

FOR FURTHER INFORMATION CONTACT: Ms. Amy L. Rothstein, Assistant 
General Counsel, or Ms. Esther D. Gyory, Attorney, Office of General 
Counsel, 999 E Street NW., Washington, DC 20463, (202) 694-1650 or 
(800) 424-9530.

SUPPLEMENTARY INFORMATION: On June 19, 2015, the Federal Election 
Commission received a Petition for Rulemaking from Make Your Laws PAC, 
Inc. and Make Your Laws Advocacy, Inc. On June 22, 2015, the Commission 
received a Petition for Rulemaking from Craig Holman and Public 
Citizen. Both petitions, citing Citizens United v. FEC, 558 U.S. 310 
(2010), ask the Commission to modify its regulations in four respects.
    First, the Federal Election Campaign Act, 52 U.S.C. 30101-46 (the 
``Act''), and Commission regulations require every person who makes an 
electioneering communication aggregating in excess of $10,000 in a 
calendar year and every person (other than a political committee) that 
makes independent expenditures in excess of $250 with respect to a 
given election in a calendar year to report certain information to the 
Commission. 11 CFR 104.20(b) and (c), 109.10(b), (e); 52 U.S.C. 
30104(c)(1) and (2), (f). The petitions ask the Commission to 
``[e]nsure full public disclosure of corporate and labor organization 
independent spending'' by ``requir[ing] that outside spending groups 
disclose their donors.''
    Second, the Act and Commission regulations prohibit foreign 
nationals from ``directly or indirectly'' making contributions, 
expenditures, and electioneering communications. 11 CFR 110.20; 52 
U.S.C. 30121(a). The petitions ask the Commission to ``[c]larify that 
th[is] prohibition on foreign national campaign-related spending 
restricts such spending by U.S. corporations owned or controlled by a 
foreign national.''
    Third, Commission regulations prohibit corporations and labor 
organizations from ``using coercion . . . to urge any individual to 
make a contribution or engage in fundraising activities on behalf of a 
candidate or political committee,'' 11 CFR 114.2(f)(2)(iv), and 
restrict how corporations and labor organizations may solicit 
contributions to their separate segregated funds from employees and 
members. 11 CFR 114.5(a)(2) through (5); see also 52 U.S.C. 
30118(b)(3). The petitions ask the Commission to ``[c]larify that 
corporations and labor organizations are prohibited from coercing their 
employees and members into providing financial or other support for the 
corporation's or labor organization's independent political 
activities.''
    Finally, the petitions ask the Commission to ``[e]nsure that the 
expenditures made by'' independent-expenditure-only political 
committees and accounts, see, e.g., SpeechNow.org v. FEC, 599 F.3d. 686 
(D.C. Cir. 2010), ``are truly independent of federal candidates.''
    The Commission seeks comments on the petitions. The public may 
inspect the petitions on the Commission's Web site at http://www.fec.gov/fosers, or in the Commission's Public Records Office, 999 E 
Street NW., Washington, DC 20463, Monday through Friday, from 9 a.m. to 
5 p.m. Interested persons may also obtain copies of the petitions by 
dialing the Commission's Faxline service at (202) 501-3413 and 
following its instructions. Request document #280.
    The Commission will not consider the petitions' merits until after 
the comment period closes. If the Commission decides that the petitions 
have merit, it may begin a rulemaking proceeding. The Commission will 
announce any action that it takes in the Federal Register.

    Dated: July 16, 2015.

    On behalf of the Commission,
Ann M. Ravel,
Chair, Federal Election Commission.
[FR Doc. 2015-18494 Filed 7-28-15; 8:45 am]
 BILLING CODE 6715-01-P

45116 Federal Register / Vol. 80, No. 145 / Wednesday, July 29, 2015 / Proposed Rules FEDERAL ELECTION COMMISSION FOR FURTHER INFORMATION CONTACT: Ms. financial or other support for the Amy L. Rothstein, Assistant General corporation’s or labor organization’s 11 CFR Parts 104, 109, 110, 114 Counsel, or Ms. Esther D. Gyory, independent political activities.’’ [Notice 2015–09] Attorney, Office of General Counsel, 999 Finally, the petitions ask the E Street NW., Washington, DC 20463, Commission to ‘‘[e]nsure that the Rulemaking Petition: Independent (202) 694–1650 or (800) 424–9530. expenditures made by’’ independent- Spending by Corporations, Labor SUPPLEMENTARY INFORMATION: On June expenditure-only political committees Organizations, Foreign Nationals, and 19, 2015, the Federal Election and accounts, see, e.g., SpeechNow.org Certain Political Committees (Citizens Commission received a Petition for v. FEC, 599 F.3d. 686 (D.C. Cir. 2010), United) Rulemaking from Make Your Laws PAC, ‘‘are truly independent of federal Inc. and Make Your Laws Advocacy, candidates.’’ AGENCY: Federal Election Commission, The Commission seeks comments on Energy. Inc. On June 22, 2015, the Commission received a Petition for Rulemaking from the petitions. The public may inspect ACTION: Rulemaking petition; notice of the petitions on the Commission’s Web Craig Holman and Public Citizen. Both availability. site at http://www.fec.gov/fosers, or in petitions, citing Citizens United v. FEC, SUMMARY: On June 19 and June 22, 2015, 558 U.S. 310 (2010), ask the the Commission’s Public Records Office, the Federal Election Commission Commission to modify its regulations in 999 E Street NW., Washington, DC received two Petitions for Rulemaking four respects. 20463, Monday through Friday, from 9 that ask the Commission to issue new First, the Federal Election Campaign a.m. to 5 p.m. Interested persons may rules and revise existing rules Act, 52 U.S.C. 30101–46 (the ‘‘Act’’), also obtain copies of the petitions by concerning: (1) The disclosure of certain and Commission regulations require dialing the Commission’s Faxline financing information regarding every person who makes an service at (202) 501–3413 and following independent expenditures and electioneering communication its instructions. Request document electioneering communications; (2) aggregating in excess of $10,000 in a #280. election-related spending by foreign calendar year and every person (other The Commission will not consider the nationals; (3) solicitations of corporate than a political committee) that makes petitions’ merits until after the comment and labor organization employees and independent expenditures in excess of period closes. If the Commission members; and (4) the independence of $250 with respect to a given election in decides that the petitions have merit, it expenditures made by independent- a calendar year to report certain may begin a rulemaking proceeding. expenditure-only political committees information to the Commission. 11 CFR The Commission will announce any and accounts. The Commission seeks 104.20(b) and (c), 109.10(b), (e); 52 action that it takes in the Federal comments on these petitions. U.S.C. 30104(c)(1) and (2), (f). The Register. DATES: Comments must be submitted on petitions ask the Commission to Dated: July 16, 2015. or before October 27, 2015. ‘‘[e]nsure full public disclosure of On behalf of the Commission, ADDRESSES: All comments must be in corporate and labor organization Ann M. Ravel, writing. Commenters are encouraged to independent spending’’ by ‘‘requir[ing] Chair, Federal Election Commission. submit comments electronically via the that outside spending groups disclose [FR Doc. 2015–18494 Filed 7–28–15; 8:45 am] Commission’s Web site at http:// their donors.’’ BILLING CODE 6715–01–P www.fec.gov/fosers, reference REG Second, the Act and Commission 2015–04, or by email to regulations prohibit foreign nationals IndependentSpending@fec.gov. from ‘‘directly or indirectly’’ making Alternatively, commenters may submit contributions, expenditures, and DEPARTMENT OF LABOR comments in paper form, addressed to electioneering communications. 11 CFR 110.20; 52 U.S.C. 30121(a). The Occupational Safety and Health the Federal Election Commission, Attn.: petitions ask the Commission to Administration Amy L. Rothstein, Assistant General Counsel, 999 E Street NW., Washington, ‘‘[c]larify that th[is] prohibition on foreign national campaign-related 29 CFR part 1904 DC 20463. Each commenter must provide, at a spending restricts such spending by [Docket No. OSHA–2015–0006] minimum, his or her first name, last U.S. corporations owned or controlled name, city, state, and zip code. All by a foreign national.’’ RIN 1218–AC84 properly submitted comments, Third, Commission regulations Clarification of Employer’s Continuing including attachments, will become part prohibit corporations and labor Obligation To Make and Maintain an of the public record, and the organizations from ‘‘using coercion . . . Accurate Record of Each Recordable Commission will make comments to urge any individual to make a Injury and Illness available for public viewing on the contribution or engage in fundraising Commission’s Web site and in the activities on behalf of a candidate or AGENCY: Occupational Safety and Health Commission’s Public Records Office. political committee,’’ 11 CFR Administration (OSHA), Labor. Accordingly, commenters should not 114.2(f)(2)(iv), and restrict how ACTION: Notice of proposed rule. provide in their comments any corporations and labor organizations information that they do not wish to may solicit contributions to their SUMMARY: OSHA is proposing to amend mstockstill on DSK4VPTVN1PROD with PROPOSALS make public, such as a home street separate segregated funds from its recordkeeping regulations to clarify address, personal email address, date of employees and members. 11 CFR that the duty to make and maintain birth, phone number, social security 114.5(a)(2) through (5); see also 52 accurate records of work-related injuries number, or driver’s license number, or U.S.C. 30118(b)(3). The petitions ask the and illnesses is an ongoing obligation. any information that is restricted from Commission to ‘‘[c]larify that The duty to record an injury or illness disclosure, such as trade secrets or corporations and labor organizations are continues for as long as the employer commercial or financial information prohibited from coercing their must keep records of the recordable that is privileged or confidential. employees and members into providing injury or illness; the duty does not VerDate Sep<11>2014 17:21 Jul 28, 2015 Jkt 235001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\29JYP1.SGM 29JYP1


Document Created: 2015-12-15 13:05:44
Document Modified: 2015-12-15 13:05:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRulemaking petition; notice of availability.
DatesComments must be submitted on or before October 27, 2015.
ContactMs. Amy L. Rothstein, Assistant General Counsel, or Ms. Esther D. Gyory, Attorney, Office of General Counsel, 999 E Street NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
FR Citation80 FR 45116 
CFR Citation11 CFR 104
11 CFR 109
11 CFR 110
11 CFR 114
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