With Changes to DISCLOSE Act, it May Be Considered This Week

POLITICOreports that House Democrats have reached an agreement with the National Rifle Association (NRA) on the DISCLOSE Act. "The NRA had objected to some of the disclosure requirements for the new campaign finance proposals, and that had kept moderate, pro-gun Democrats from backing the legislation. The NRA said it would not comment until specific legislative language is revealed."

The new agreement would exempt from the disclosure requirements organizations that have more than 1 million members, have been in existence for more than 10 years, have members in all 50 states, and raise 15 percent or less of their funds from corporations.

Last week, House Majority Leader Steny Hoyer (D-MD) said, "There are a number of very legitimate concerns that have been raised by (c)(4) and other organizations as to whether they have large membership rolls."

Reportedly, the U.S. Chamber of Commerce still opposes the bill. However, it could come to the House floor this week.

This new agreement exempts a subset of larger groups, while smaller advocacy groups still have to comply. This is interesting, considering the purpose of the bill was to bring transparency to the spending of primarily larger corporations.

Meanwhile, even if the DISCLOSE Act passes, the group Citizens United would be exempt from the disclosure requirements. The Federal Election Commission (FEC) voted 4-1 on June 10 that the 501(c)(4) group is eligible for the media exception to campaign finance law, exempting it from disclosure requirements as a media organization. Therefore, Citizens United will not have to publicly disclose the names of donors funding its films.

Citizen United argued that it should be considered a media organization because it primarily produces films. Since 2004 Citizens United produced and distributed 14 documentaries and has more films in production. According to documents filed with the FEC, the group "will receive a royalty, commission, or other fee from the broadcasters each time on of its films is ordered for viewing."

The Campaign Legal Center along with Democracy 21 filed comments which state, "This is a bold face effort by Citizens United to circumvent the disclosure laws that the Supreme Court found were constitutionally applicable to the organization. And the vehicle for this circumvention are the so-called 'documentaries' produced by Citizens United that, in one case, the Court labeled 'a feature-length negative advertisement' that expressly advocated against a candidate."

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