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)

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, 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.

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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