HR 5175 PCS

June 28, 2010

Received and read the first time

June 29, 2010

Read the second time and placed on the calendar

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Democracy is Strengthened by Casting Light on Spending in Elections Act’ or the ‘DISCLOSE Act’.

(b) Table of Contents- The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--REGULATION OF CERTAIN POLITICAL SPENDING

Sec. 101. Prohibiting independent expenditures and electioneering communications by government contractors.

Sec. 102. Application of ban on contributions and expenditures by foreign nationals to foreign-controlled domestic corporations.

Sec. 103. Treatment of payments for coordinated communications as contributions.

Sec. 104. Treatment of political party communications made on behalf of candidates.

Sec. 105. Restriction on internet communications treated as public communications.

TITLE II--PROMOTING EFFECTIVE DISCLOSURE OF CAMPAIGN-RELATED ACTIVITY

Subtitle A--Treatment of Independent Expenditures and Electioneering Communications Made by All Persons

Sec. 201. Independent expenditures.

Sec. 202. Electioneering communications.

Sec. 203. Mandatory electronic filing by persons making independent expenditures or electioneering communications exceeding $10,000 at any time.

Subtitle B--Expanded Requirements for Corporations and Other Organizations

Sec. 211. Additional information required to be included in reports on disbursements by covered organizations.

Sec. 212. Rules regarding use of general treasury funds by covered organizations for campaign-related activity.

Sec. 213. Optional use of separate account by covered organizations for campaign-related activity.

Sec. 214. Modification of rules relating to disclaimer statements required for certain communications.

Sec. 215. Indexing of certain amounts.

Subtitle C--Reporting Requirements for Registered Lobbyists

Sec. 221. Requiring registered lobbyists to report information on independent expenditures and electioneering communications.

TITLE III--DISCLOSURE BY COVERED ORGANIZATIONS OF INFORMATION ON CAMPAIGN-RELATED ACTIVITY

Sec. 301. Requiring disclosure by covered organizations of information on campaign-related activity.

TITLE IV--OTHER PROVISIONS

Sec. 401. Judicial review.

Sec. 402. No Effect on Protections Against Threats, Harassments, and Reprisals.

Sec. 403. Severability.

Sec. 404. Effective date.

TITLE I--REGULATION OF CERTAIN POLITICAL SPENDING

SEC. 101. PROHIBITING INDEPENDENT EXPENDITURES AND ELECTIONEERING COMMUNICATIONS BY GOVERNMENT CONTRACTORS.

(a) Prohibition Applicable to Government Contractors-

(1) PROHIBITION-

(A) IN GENERAL- Section 317(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441c(a)(1)) is amended by striking ‘purpose or use; or’ and inserting the following: ‘purpose or use, to make any independent expenditure, or to disburse any funds for an electioneering communication; or’.

(B) CONFORMING AMENDMENT- The heading of section 317 of such Act (2 U.S.C. 441c) is amended by striking ‘CONTRIBUTIONS’ and inserting ‘CONTRIBUTIONS, INDEPENDENT EXPENDITURES, AND ELECTIONEERING COMMUNICATIONS’.

(2) THRESHOLD FOR APPLICATION OF BAN- Section 317 of such Act (2 U.S.C. 441c) is amended--

(A) by redesignating subsections (b) and (c) as subsections (c) and (d); and

(B) by inserting after subsection (a) the following new subsection:

‘(b) To the extent that subsection (a)(1) prohibits a person who enters into a contract described in such subsection from making any independent expenditure or disbursing funds for an electioneering communication, such subsection shall apply only if the value of the contract is equal to or greater than $10,000,000.’.

(b) Application to Recipients of Assistance Under Troubled Asset Program- Section 317(a) of such Act (2 U.S.C. 441c(a)) is amended--

(1) by striking ‘or’ at the end of paragraph (1);

(2) by redesignating paragraph (2) as paragraph (3); and

(3) by inserting after paragraph (1) the following new paragraph:

‘(2) who enters into negotiations for financial assistance under title I of the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) (relating to the purchase of troubled assets by the Secretary of the Treasury), during the period--

‘(A) beginning on the later of the commencement of the negotiations or the date of the enactment of the Democracy is Strengthened by Casting Light on Spending in Elections Act; and

‘(B) ending with the later of the termination of such negotiations or the repayment of such financial assistance;

directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use, to make any independent expenditure, or to disburse any funds for an electioneering communication; or’.

(c) Application to Persons Holding Leases for Drilling in Outer Continental Shelf- Section 317(a) of such Act (2 U.S.C. 441c(a)) is amended--

(1) by striking ‘or’ at the end of paragraph (1);

(2) by redesignating paragraph (2) as paragraph (3); and

(3) by inserting after paragraph (1) the following new paragraph:

‘(2) who enters into negotiations for a lease for exploration for, and development and production of, oil and gas under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.), during the period--

‘(A) beginning on the later of the commencement of the negotiations or the date of the enactment of the Democracy is Strengthened by Casting Light on Spending in Elections Act; and

‘(B) ending with the later of the termination of such negotiations or the termination of such lease;

directly or indirectly to make any contribution of money or other things of value, or to promise expressly or impliedly to make any such contribution to any political party, committee, or candidate for public office or to any person for any political purpose or use, to make any independent expenditure, or to disburse any funds for an electioneering communication; or’.

(d) Technical Amendment- Section 317 of such Act (2 U.S.C. 441c) is amended by striking ‘section 321’ each place it appears and inserting ‘section 316’.

SEC. 102. APPLICATION OF BAN ON CONTRIBUTIONS AND EXPENDITURES BY FOREIGN NATIONALS TO FOREIGN-CONTROLLED DOMESTIC CORPORATIONS.

(a) Application of Ban- Section 319(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b)) 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) any corporation which is not a foreign national described in paragraph (1) and--

‘(A) in which a foreign national described in paragraph (1) or (2) directly or indirectly owns or controls--

‘(i) 5 percent or more of the voting shares, if the foreign national is a foreign country, a foreign government official, or a corporation principally owned or controlled by a foreign country or foreign government official; or

‘(ii) 20 percent or more of the voting shares, if the foreign national is not described in clause (i);

‘(B) in which two or more foreign nationals described in paragraph (1) or (2), each of whom owns or controls at least 5 percent of the voting shares, directly or indirectly own or control 50 percent or more of the voting shares;

‘(C) with respect to which the majority of the members of the board of directors are foreign nationals described in paragraph (1) or (2);

‘(D) over which one or more foreign nationals described in paragraph (1) or (2) has the power to direct, dictate, or control the decision-making process of the corporation with respect to its interests in the United States; or

‘(E) over which one or more foreign nationals described in paragraph (1) or (2) has the power to direct, dictate, or control the decision-making process of the corporation with respect to activities in connection with a Federal, State, or local election, including--

‘(i) the making of a contribution, donation, expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)); or

‘(ii) the administration of a political committee established or maintained by the corporation.’.

(b) Certification of Compliance- Section 319 of such Act (2 U.S.C. 441e) is amended by adding at the end the following new subsection:

‘(c) Certification of Compliance Required Prior to Carrying Out Activity- Prior 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 during a year, 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), shall file a certification with the Commission, under penalty of perjury, that the corporation is not prohibited from carrying out such activity under subsection (b)(3), unless the chief executive officer has previously filed such a certification during the year. Nothing in this subsection shall be construed to apply to any contribution, donation, expenditure, independent expenditure, or disbursement from a separate segregated fund established and administered by a corporation under section 316(b)(2)(C).’.

(c) No Effect on Certain Activities of Domestic Corporations- Section 319 of such Act (2 U.S.C. 441e), as amended by subsection (b), is further amended by adding at the end the following new subsection:

‘(d) No Effect on Certain Activities of Domestic Corporations-

‘(1) SEPARATE SEGREGATED FUNDS- Nothing in this section shall be construed to prohibit any corporation which is not a foreign national described in paragraph (1) of subsection (b) from establishing, administering, and soliciting contributions to a separate segregated fund under section 316(b)(2)(C), so long as none of the amounts in the fund are provided by any foreign national described in paragraph (1) or (2) of subsection (b) and no foreign national described in paragraph (1) or (2) of subsection (b) has the power to direct, dictate, or control the establishment or administration of the fund.

‘(2) STATE AND LOCAL ELECTIONS- Nothing in this section shall be construed to prohibit any corporation which is not a foreign national described in paragraph (1) of subsection (b) from making a contribution or donation in connection with a State or local election to the extent permitted under State or local law, so long as no foreign national described in paragraph (1) or (2) of subsection (b) has the power to direct, dictate, or control such contribution or donation.

‘(3) OTHER PERMISSIBLE CORPORATE CONTRIBUTIONS AND EXPENDITURES- Nothing in this section shall be construed to prohibit any corporation which is not a foreign national described in paragraph (1) of subsection (b) from carrying out any activity described in subparagraph (A) or (B) of section 316(b)(2), so long as none of the amounts used to carry out the activity are provided by any foreign national described in paragraph (1) or (2) of subsection (b) and no foreign national described in paragraph (1) or (2) of subsection (b) has the power to direct, dictate, or control such activity.’.

(d) No Effect on Other Laws- Section 319 of such Act (2 U.S.C. 441e), as amended by subsections (b) and (c), is further amended by adding at the end the following new subsection:

‘(e) No Effect on Other Laws- Nothing in this section shall be construed to affect the determination of whether a corporation is treated as a foreign national for purposes of any law other than this Act.’.

SEC. 103. TREATMENT OF PAYMENTS FOR COORDINATED COMMUNICATIONS AS CONTRIBUTIONS.

(a) In General- Section 301(8)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(A)) is amended--

(1) by striking ‘or’ at the end of clause (i);

(2) by striking the period at the end of clause (ii) and inserting ‘; or’; and

(3) by adding at the end the following new clause:

‘(iii) any payment made by any person (other than a candidate, an authorized committee of a candidate, or a political committee of a political party) for a coordinated communication (as determined under section 324).’.

(b) Coordinated Communications Described- Section 324 of such Act (2 U.S.C. 441k) is amended to read as follows:

‘SEC. 324. COORDINATED COMMUNICATIONS.

‘(a) Coordinated Communications Defined-

‘(1) IN GENERAL- For purposes of this Act, the term ‘coordinated communication’ means--

‘(A) a covered communication which, subject to subsection (c), is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, or a political committee of a political party; or

‘(B) any communication that republishes, disseminates, or distributes, in whole or in part, any broadcast or any written, graphic, or other form of campaign material prepared by a candidate, an authorized committee of a candidate, or their agents.

‘(2) EXCEPTION- The term ‘coordinated communication’ does not include--

‘(A) a communication appearing in a news story, commentary, or editorial distributed through the facilities of any broadcasting station, newspaper, magazine, or other periodical publication, unless such facilities are owned or controlled by any political party, political committee, or candidate; or

‘(B) a communication which constitutes a candidate debate or forum conducted pursuant to the regulations adopted by the Commission to carry out section 304(f)(3)(B)(iii), or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum.

‘(b) Covered Communication Defined-

‘(1) IN GENERAL- Except as provided in paragraph (4), for purposes of this subsection, the term ‘covered communication’ means, for purposes of the applicable election period described in paragraph (2) and with respect to the coordinated communication involved, a public communication (as defined in section 301(22)) that refers to the candidate described in subsection (a)(1)(A) or an opponent of such candidate and is publicly distributed or publicly disseminated during such period.

‘(2) APPLICABLE ELECTION PERIOD- For purposes of paragraph (1), the ‘applicable election period’ with respect to a communication means--

‘(A) in the case of a communication which refers to a candidate for the office of President or Vice President, the period--

‘(i) beginning with the date that is 120 days before the date of the first primary election, preference election, or nominating convention for nomination for the office of President which is held in any State; and

‘(ii) ending with the date of the general election for such office; or

‘(B) in the case of a communication which refers to a candidate for any other Federal office, the period--

‘(i) beginning with the date that is 90 days before the earliest of the primary election, preference election, or nominating convention with respect to the nomination for the office that the candidate is seeking; and

‘(ii) ending with the date of the general election for such office.

‘(3) SPECIAL RULE FOR PUBLIC DISTRIBUTION OF COMMUNICATIONS INVOLVING CONGRESSIONAL CANDIDATES- For purposes of paragraph (1), in the case of a communication involving a candidate for an office other than President or Vice President, the communication shall be considered to be publicly distributed or publicly disseminated only if the dissemination or distribution occurs in the jurisdiction of the office that the candidate is seeking.

‘(c) No Finding of Coordination Based Solely on Sharing of Information Regarding Legislative or Policy Position- For purposes of subsection (a)(1), a covered communication shall not be considered to be made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, or a political committee of a political party solely on the grounds that a person or an agent thereof engaged in discussions with to the candidate or committee regarding that person’s position on a legislative or policy matter (including urging the candidate or party to adopt that person’s position), so long as there is no discussion between the person and the candidate or committee regarding the candidate’s campaign plans, projects, activities, or needs.

‘(d) Preservation of Certain Safe Harbors and Firewalls- Nothing in this section may be construed to affect 11 CFR 109.21(g) or (h), as in effect on the date of the enactment of the Democracy is Strengthened by Casting Light on Spending in Elections Act.

‘(e) Treatment of Coordination With Political Parties for Communications Referring to Candidates- For purposes of this section, if a communication which refers to any clearly identified candidate or candidates of a political party or any opponent of such a candidate or candidates is determined to have been made in cooperation, consultation, or concert with or at the request or suggestion of a political committee of the political party but not in cooperation, consultation, or concert with or at the request or suggestion of such clearly identified candidate or candidates, the communication shall be treated as having been made in cooperation, consultation, or concert with or at the request or suggestion of the political committee of the political party but not with or at the request or suggestion of such clearly identified candidate or candidates.’.

(c) Effective Date-

(1) IN GENERAL- This section and the amendments made by this section shall apply with respect to payments made on or after the expiration of the 30-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

(2) TRANSITION RULE FOR ACTIONS TAKEN PRIOR TO ENACTMENT- No person shall be considered to have made a payment for a coordinated communication under section 324 of the Federal Election Campaign Act of 1971 (as amended by subsection (b)) by reason of any action taken by the person prior to the date of the enactment of this Act. Nothing in the previous sentence shall be construed to affect any determination under any other provision of such Act which is in effect on the date of the enactment of this Act regarding whether a communication is made in cooperation, consultation, or concert with, or at the request or suggestion of, a candidate, an authorized committee of a candidate, or a political committee of a political party.

SEC. 104. TREATMENT OF POLITICAL PARTY COMMUNICATIONS MADE ON BEHALF OF CANDIDATES.

(a) Treatment of Payment for Public Communication as Contribution if Made Under Control or Direction of Candidate- Section 301(8)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(A)), as amended by section 103(a), is amended--

(1) by striking ‘or’ at the end of clause (ii);

(2) by striking the period at the end of clause (iii) and inserting ‘; or’; and

(3) by adding at the end the following new clause:

‘(iv) any payment by a political committee of a political party for the direct costs of a public communication (as defined in paragraph (22)) made on behalf of a candidate for Federal office who is affiliated with such party, but only if the communication is controlled by, or made at the direction of, the candidate or an authorized committee of the candidate.’.

(b) Requiring Control or Direction by Candidate for Treatment as Coordinated Party Expenditure-

(1) IN GENERAL- Paragraph (4) of section 315(d) of such Act (2 U.S.C. 441a(d)) is amended to read as follows:

‘(4) Special Rule for Direct Costs of Communications- The direct costs incurred by a political committee of a political party for a communication made in connection with the campaign of a candidate for Federal office shall not be subject to the limitations contained in paragraphs (2) and (3) unless the communication is controlled by, or made at the direction of, the candidate or an authorized committee of the candidate.’.

(2) CONFORMING AMENDMENT- Paragraph (1) of section 315(d) of such Act (2 U.S.C. 441a(d)) is amended by striking ‘paragraphs (2), (3), and (4)’ and inserting ‘paragraphs (2) and (3)’.

(c) Effective Date- This section and the amendments made by this section shall apply with respect to payments made on or after the expiration of the 30-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

SEC. 105. RESTRICTION ON INTERNET COMMUNICATIONS TREATED AS PUBLIC COMMUNICATIONS.

(a) In General- Section 301(22) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(22)) is amended by adding at the end the following new sentence: ‘A communication which is disseminated through the Internet shall not be treated as a form of general public political advertising under this paragraph unless the communication was placed for a fee on another person’s Web site.’.

(b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act.

TITLE II--PROMOTING EFFECTIVE DISCLOSURE OF CAMPAIGN-RELATED ACTIVITY

Subtitle A--Treatment of Independent Expenditures and Electioneering Communications Made by All Persons

SEC. 201. INDEPENDENT EXPENDITURES.

(a) Revision of Definition- Subparagraph (A) of section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)) is amended to read as follows:

‘(A) that, when taken as a whole, expressly advocates the election or defeat of a clearly identified candidate, or is the functional equivalent of express advocacy because it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate, taking into account whether the communication involved mentions a candidacy, a political party, or a challenger to a candidate, or takes a position on a candidate’s character, qualifications, or fitness for office; and’.

(b) Uniform 24-Hour Reporting For Persons Making Independent Expenditures Exceeding $10,000 at Any Time- Section 304(g) of such Act (2 U.S.C. 434(g)) is amended by striking paragraphs (1) and (2) and inserting the following:

‘(1) INDEPENDENT EXPENDITURES EXCEEDING THRESHOLD AMOUNT-

‘(A) INITIAL REPORT- A person (including a political committee) that makes or contracts to make independent expenditures in an aggregate amount equal to or greater than the threshold amount described in subparagraph (C) shall electronically file a report describing the expenditures within 24 hours.

‘(B) ADDITIONAL REPORTS- After a person files a report under subparagraph (A), the person shall electronically file an additional report within 24 hours after each time the person makes or contracts to make independent expenditures in an aggregate amount equal to or greater than the threshold amount with respect to the same election as that to which the initial report relates.

‘(C) THRESHOLD AMOUNT DESCRIBED- In this paragraph, the ‘threshold amount’ means--

‘(i) during the period up to and including the 20th day before the date of an election, $10,000; or

‘(ii) during the period after the 20th day, but more than 24 hours, before the date of an election, $1,000.

‘(2) PUBLIC AVAILABILITY- Notwithstanding any other provision of this section, the Commission shall ensure that the information required to be disclosed under this subsection is publicly available through the Commission website not later than 24 hours after receipt in a manner that is downloadable in bulk and machine readable.’.

(c) Effective Date-

(1) IN GENERAL- The amendment made by subsection (a) shall apply with respect to contributions and expenditures made on or after the expiration of the 30-day period which begins on the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.

(2) REPORTING REQUIREMENTS- The amendment made by subsection (b) shall apply with respect to reports required to be filed after the date of the enactment of this Act.

SEC. 202. ELECTIONEERING COMMUNICATIONS.

(a) Expansion of Period Covering General Election- Section 304(f)(3)(A)(i)(II)(aa) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A)(i)(II)(aa)) is amended by striking ‘60 days’ and inserting ‘120 days’.

(b) Effective Date; Transition for Communications Made Prior to Enactment- The amendment made by subsection (a) shall apply with respect to communications made on or after the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments, except that no communication which is made prior to the date of the enactment of this Act shall be treated as an electioneering communication under section 304(f)(3)(A)(i)(II) of the Federal Election Campaign Act of 1971 (as amended by subsection (a)) unless the communication would be treated as an electioneering communication under such section if the amendment made by subsection (a) did not apply.

SEC. 203. MANDATORY ELECTRONIC FILING BY PERSONS MAKING INDEPENDENT EXPENDITURES OR ELECTIONEERING COMMUNICATIONS EXCEEDING $10,000 AT ANY TIME.

Section 304(d)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(d)(1)) is amended--

(1) by striking ‘or (g)’; and

(2) by adding at the end the following: ‘Notwithstanding any other provision of this section, any person who is required to file a statement under subsection (f) or subsection (g) shall file the statement in electronic form accessible by computers, in a manner which ensures that the information provided is searchable, sortable, and downloadable.’.

Subtitle B--Expanded Requirements for Corporations and Other Organizations

SEC. 211. ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN REPORTS ON DISBURSEMENTS BY COVERED ORGANIZATIONS.

(a) Independent Expenditure Reports- Section 304(g) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(g)) is amended by adding at the end the following new paragraph:

‘(5) DISCLOSURE OF ADDITIONAL INFORMATION BY COVERED ORGANIZATIONS MAKING PAYMENTS FOR PUBLIC INDEPENDENT EXPENDITURES-

‘(A) ADDITIONAL INFORMATION- If a covered organization makes or contracts to make public independent expenditures in an aggregate amount equal to or exceeding $10,000 in a calendar year, the report filed by the organization under this subsection shall include, in addition to the information required under paragraph (3), the following information (subject to subparagraph (B)(iv)):

‘(i) If any person made a donation or payment to the covered organization during the covered organization reporting period which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity--

‘(I) subject to subparagraph (C), the identification of each person who made such donations or payments in an aggregate amount equal to or exceeding $600 during such period, presented in the order of the aggregate amount of donations or payments made by such persons during such period (with the identification of the person making the largest donation or payment appearing first); and

‘(II) if any person identified under subclause (I) designated that the donation or payment be used for campaign-related activity with respect to a specific election or in support of a specific candidate, the name of the election or candidate involved, and if any such person designated that the donation or payment be used for a specific public independent expenditure, a description of the expenditure.

‘(ii) The identification of each person who made unrestricted donor payments to the organization during the covered organization reporting period--

‘(I) in an aggregate amount equal to or exceeding $600 during such period, if any of the disbursements made by the organization for any of the public independent expenditures which are covered by the report were not made from the organization’s Campaign-Related Activity Account under section 326; or

‘(II) in an aggregate amount equal to or exceeding $6,000 during such period, if the disbursements made by the organization for all of the public independent expenditures which are covered by the report were made exclusively from the organization’s Campaign-Related Activity Account under section 326 (but only if the organization has made deposits described in subparagraph (D) of section 326(a)(2) into that Account during such period in an aggregate amount equal to or greater than $10,000),

presented in the order of the aggregate amount of payments made by such persons during such period (with the identification of the person making the largest payment appearing first).

‘(B) TREATMENT OF TRANSFERS MADE TO OTHER PERSONS-

‘(i) IN GENERAL- Subject to clause (iii), for purposes of the requirement to file reports under this subsection (including the requirement under subparagraph (A) to include additional information in such reports), a covered organization which transfers amounts to another person (other than the covered organization itself) for the purpose of making a public independent expenditure by that person or by any other person, or (in accordance with clause (ii)) which is deemed to have transferred amounts to another person (other than the covered organization itself) for the purpose of making a public independent expenditure by that person or by any other person, shall be considered to have made a public independent expenditure.

‘(ii) RULES FOR DEEMING TRANSFERS MADE FOR PURPOSE OF MAKING EXPENDITURES- For purposes of clause (i), in determining whether a covered organization which transfers amounts to another person shall be deemed to have transferred the amounts for the purpose of making a public independent expenditure, the following rules apply:

‘(I) The covered organization shall be deemed to have transferred the amounts for the purpose of making a public independent expenditure if--

‘(aa) the covered organization designates, requests, or suggests that the amounts be used for public independent expenditures and the person to whom the amounts were transferred agrees to do so;

‘(bb) the person making the public independent expenditure or another person acting on that person’s behalf expressly solicited the covered organization for a donation or payment for making or paying for any public independent expenditures;

‘(cc) the covered organization and the person to whom the amounts were transferred engaged in written or oral discussion regarding the person either making, or paying for, any public independent expenditure, or donating or transferring the amounts to another person for that purpose;

‘(dd) the covered organization which transferred the funds knew or had reason to know that the person to whom the amounts were transferred intended to make public independent expenditures; or

‘(ee) the covered organization which transferred the funds or the person to whom the amounts were transferred made one or more public independent expenditures in an aggregate amount of $50,000 or more during the 2-year period which ends on the date on which the amounts were transferred.

‘(II) The covered organization shall not be deemed to have transferred the amounts for the purpose of making a public independent expenditure if--

‘(aa) the transfer was a commercial transaction occurring in the ordinary course of business between the covered organization and the person to whom the amounts were transferred, unless there is affirmative evidence that the amounts were transferred for the purpose of making a public independent expenditure; or

‘(bb) the covered organization and the person to whom the amounts were transferred mutually agreed (as provided in section 325(b)(1)) that the person will not use the amounts for campaign-related activity.

‘(iii) SPECIAL RULE REGARDING TRANSFERS AMONG AFFILIATES-

‘(I) SPECIAL RULE- In the case of an amount transferred by one covered organization to another covered organization which is treated as a transfer between affiliates under subclause (II), clause (i) and (ii) shall apply to 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.

‘(II) DESCRIPTION OF TRANSFERS BETWEEN AFFILIATES- A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if--

‘(aa) one of the organizations is an affiliate of the other organization; or

‘(bb) 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 disbursing funds for campaign-related activity.

‘(III) DETERMINATION OF AFFILIATE STATUS- For purposes of subclause (II), a covered organization is an affiliate of another covered organization if--

‘(aa) the governing instrument of the organization requires it to be bound by decisions of the other organization;

‘(bb) 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

‘(cc) the organization is chartered by the other organization.

‘(IV) COVERAGE OF TRANSFERS TO AFFILIATED SECTION 501(C)(3) ORGANIZATIONS- This clause 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 clause applies to an amount transferred by a covered organization to another covered organization.

‘(iv) SPECIAL THRESHOLD FOR DISCLOSURE OF DONORS- Notwithstanding clause (i) or (ii) of subparagraph (A), if a covered organization is required to include the identification of a person described in such clause in a report filed under this subsection because the covered organization is deemed (in accordance with clause (ii)) to have transferred amounts for the purpose of making a public independent expenditure, the organization shall include the identification of the person only if the person made donations or payments (in the case of a person described in clause (i)(I) of subparagraph (A)) or unrestricted donor payments (in the case of a person described in clause (ii) of subparagraph (A)) to the covered organization during the covered organization reporting period involved in an aggregate amount equal to or exceeding $10,000.

‘(v) WAIVER OF REQUIREMENT TO FILE REPORT- Notwithstanding clause (i), a covered organization which is considered to have made a public independent expenditure under such clause shall not be required to file a report under this subsection if--

‘(I) the organization would be required to file the report solely because the organization is deemed (in accordance with clause (ii)) to have transferred amounts for the purpose of making a public independent expenditure;

‘(II) no person made donations or payments (in the case of a person described in clause (i)(I) of subparagraph (A)) or unrestricted donor payments (in the case of a person described in clause (ii) of subparagraph (A)) to the covered organization during the covered organization reporting period involved in an aggregate amount equal to or exceeding $10,000; and

‘(III) all of the persons who made donations or payments (in the case of a person described in clause (i)(I) of subparagraph (A)) or unrestricted donor payments (in the case of a person described in clause (ii) of subparagraph (A)) to the covered organization during the covered organization reporting period in any amount were individuals.

‘(C) EXCLUSION OF AMOUNTS DESIGNATED FOR OTHER CAMPAIGN-RELATED ACTIVITY- For purposes of subparagraph (A)(i), in determining the amount of a donation or payment made by a person which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity, there shall be excluded any amount which was designated by the person to be used--

‘(i) for campaign-related activity described in clause (i) of section 325(d)(2)(A) (relating to independent expenditures) with respect to a different election, or with respect to a candidate in a different election, than an election which is the subject of any of the public independent expenditures covered by the report involved; or

‘(ii) for any campaign-related activity described in clause (ii) of section 325(d)(2)(A) (relating to electioneering communications).

‘(D) EXCLUSION OF AMOUNTS PAID FROM SEPARATE SEGREGATED FUND- In determining the amount of public independent expenditures made by a covered organization for purposes of this paragraph, there shall be excluded any amounts paid from a separate segregated fund established and administered by the organization under section 316(b)(2)(C).

‘(E) DETERMINATION OF AMOUNT OF CERTAIN PAYMENTS AMONG AFFILIATES- For purposes of determining the amount of any donation, payment, or transfer under this subsection which is made by a covered organization to another covered organization which is an affiliate of the covered organization or each of which is an affiliate of the same organization (as determined in accordance with subparagraph (B)(iii)), to the extent that the donation, payment, or 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 donation, payment, or transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization.

‘(F) COVERED ORGANIZATION REPORTING PERIOD DESCRIBED- In this paragraph, the ‘covered organization reporting period’ is, with respect to a report filed by a covered organization under this subsection--

‘(i) in the case of the first report filed by a covered organization under this subsection which includes information required under this paragraph, the shorter of--

‘(I) the period which begins on the effective date of the Democracy is Strengthened by Casting Light on Spending in Elections Act and ends on the last day covered by the report, or

‘(II) the 12-month period ending on the last day covered by the report; and

‘(ii) in the case of any subsequent report filed by a covered organization under this subsection which includes information required under this paragraph, the period occurring since the most recent report filed by the organization which includes such information.

‘(G) COVERED ORGANIZATION DEFINED- In this paragraph, the term ‘covered organization’ means any of the following:

‘(i) Any corporation which is subject to section 316(a), other than a corporation which is 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.

‘(ii) Any labor organization (as defined in section 316).

‘(iii) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, other than an exempt section 501(c)(4) organization (as defined in section 301(27)).

‘(iv) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act.

‘(H) OTHER DEFINITIONS- In this paragraph--

‘(i) the terms ‘campaign-related activity’ and ‘unrestricted donor payment’ have the meaning given such terms in section 325; and

‘(ii) the term ‘public independent expenditure’ means an independent expenditure for a public communication (as defined in section 301(22)).’.

(b) Electioneering Communication Reports-

(1) IN GENERAL- Section 304(f) of such Act (2 U.S.C. 434(f)) is amended--

(A) by redesignating paragraphs (6) and (7) as paragraphs (7) and (8); and

(B) by inserting after paragraph (5) the end the following new paragraph:

‘(6) DISCLOSURE OF ADDITIONAL INFORMATION BY COVERED ORGANIZATIONS-

‘(A) ADDITIONAL INFORMATION- If a covered organization files a statement under this subsection, the statement shall include, in addition to the information required under paragraph (2), the following information (subject to subparagraph (B)(iv)):

‘(i) If any person made a donation or payment to the covered organization during the covered organization reporting period which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity--

‘(I) subject to subparagraph (C), the identification of each person who made such donations or payments in an aggregate amount equal to or exceeding $1,000 during such period, presented in the order of the aggregate amount of donations or payments made by such persons during such period (with the identification of the person making the largest donation or payment appearing first); and

‘(II) if any person identified under subclause (I) designated that the donation or payment be used for campaign-related activity with respect to a specific election or in support of a specific candidate, the name of the election or candidate involved, and if any such person designated that the donation or payment be used for a specific electioneering communication, a description of the communication.

‘(ii) The identification of each person who made unrestricted donor payments to the organization during the covered organization reporting period--

‘(I) in an aggregate amount equal to or exceeding $1,000 during such period, if the organization made any of the disbursements which are described in subclause (II) from a source other than the organization’s Campaign-Related Activity Account under section 326; or

‘(II) in an aggregate amount equal to or exceeding $10,000 during such period, if the organization made from its Campaign-Related Activity Account under section 326 all of its disbursements for electioneering communications during such period which are, on the basis of a reasonable belief by the organization, subject to treatment as disbursements for an exempt function for purposes of section 527(f) of the Internal Revenue Code of 1986 (but only if the organization has made deposits described in subparagraph (D) of section 326(a)(2) into that Account during such period in an aggregate amount equal to or greater than $10,000),

presented in the order of the aggregate amount of payments made by such persons during such period (with the identification of the person making the largest payment appearing first).

‘(B) TREATMENT OF TRANSFERS MADE TO OTHER PERSONS-

‘(i) IN GENERAL- Subject to clause (iii), for purposes of the requirement to file statements under this subsection (including the requirement under subparagraph (A) to include additional information in such statements), a covered organization which transfers amounts to another person (other than the covered organization itself) for the purpose of making an electioneering communication by that person or by any other person, or (in accordance with clause (ii)) which is deemed to have transferred amounts to another person (other than the covered organization itself) for the purpose of making an electioneering communication by that person or by any other person, shall be considered to have made a disbursement for an electioneering communication.

‘(ii) RULES FOR DEEMING TRANSFERS MADE FOR PURPOSE OF MAKING COMMUNICATIONS- For purposes of clause (i), in determining whether a covered organization which transfers amounts to another person shall be deemed to have transferred the amounts for the purpose of making an electioneering communication, the following rules apply:

‘(I) The covered organization shall be deemed to have transferred the amounts for the purpose of making an electioneering communication if--

‘(aa) the covered organization designates, requests, or suggests that the amounts be used for electioneering communications and the person to whom the amounts were transferred agrees to do so;

‘(bb) the person making the electioneering communication or another person acting on that person’s behalf expressly solicited the covered organization for a donation or payment for making or paying for any electioneering communications;

‘(cc) the covered organization and the person to whom the amounts were transferred engaged in written or oral discussion regarding the person either making, or paying for, any electioneering communication, or donating or transferring the amounts to another person for that purpose;

‘(dd) the covered organization which transferred the funds knew or had reason to know that the person to whom the amounts were transferred intended to make electioneering communications; or

‘(ee) the covered organization which transferred the funds or the person to whom the amounts were transferred made one or more electioneering communications in an aggregate amount of $50,000 or more during the 2-year period which ends on the date on which the amounts were transferred.

‘(II) The covered organization shall not be deemed to have transferred the amounts for the purpose of making an electioneering communication if--

‘(aa) the transfer was a commercial transaction occurring in the ordinary course of business between the covered organization and the person to whom the amounts were transferred, unless there is affirmative evidence that the amounts were transferred for the purpose of making an electioneering communication; or

‘(bb) the covered organization and the person to whom the amounts were transferred mutually agreed (as provided in section 325(b)(1)) that the person will not use the amounts for campaign-related activity.

‘(iii) SPECIAL RULE REGARDING TRANSFERS AMONG AFFILIATES-

‘(I) SPECIAL RULE- In the case of an amount transferred by one covered organization to another covered organization which is treated as a transfer between affiliates under subclause (II), clause (i) and (ii) shall apply to 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.

‘(II) DESCRIPTION OF TRANSFERS BETWEEN AFFILIATES- A transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if--

‘(aa) one of the organizations is an affiliate of the other organization; or

‘(bb) 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 disbursing funds for campaign-related activity.

‘(III) DETERMINATION OF AFFILIATE STATUS- For purposes of subclause (II), a covered organization is an affiliate of another covered organization if--

‘(aa) the governing instrument of the organization requires it to be bound by decisions of the other organization;

‘(bb) 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

‘(cc) the organization is chartered by the other organization.

‘(IV) COVERAGE OF TRANSFERS TO AFFILIATED SECTION 501(C)(3) ORGANIZATIONS- This clause 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 clause applies to an amount transferred by a covered organization to another covered organization.

‘(iv) SPECIAL THRESHOLD FOR DISCLOSURE OF DONORS- Notwithstanding clause (i) or (ii) of subparagraph (A), if a covered organization is required to include the identification of a person described in such clause in a statement filed under this subsection because the covered organization is deemed (in accordance with clause (ii)) to have transferred amounts for the purpose of making an electioneering communication, the organization shall include the identification of the person only if the person made donations or payments (in the case of a person described in clause (i)(I) of subparagraph (A)) or unrestricted donor payments (in the case of a person described in clause (ii) of subparagraph (A)) to the covered organization during the covered organization reporting period involved in an aggregate amount equal to or exceeding $10,000.

‘(v) WAIVER OF REQUIREMENT TO FILE STATEMENT- Notwithstanding clause (i), a covered organization which is considered to have made a disbursement for an electioneering communication under such clause shall not be required to file a report under this subsection if--

‘(I) the organization would be required to file the report solely because the organization is deemed (in accordance with clause (ii)) to have transferred amounts for the purpose of making an electioneering communication;

‘(II) no person made donations or payments (in the case of a person described in clause (i)(I) of subparagraph (A)) or unrestricted donor payments (in the case of a person described in clause (ii) of subparagraph (A)) to the covered organization during the covered organization reporting period involved in an aggregate amount equal to or exceeding $10,000; and

‘(III) all of the persons who made donations or payments (in the case of a person described in clause (i)(I) of subparagraph (A)) or unrestricted donor payments (in the case of a person described in clause (ii) of subparagraph (A)) to the covered organization during the covered organization reporting period in any amount were individuals.

‘(C) EXCLUSION OF AMOUNTS DESIGNATED FOR OTHER CAMPAIGN-RELATED ACTIVITY- For purposes of subparagraph (A)(i), in determining the amount of a donation or payment made by a person which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity, there shall be excluded any amount which was designated by the person to be used--

‘(i) for campaign-related activity described in clause (i) of section 325(d)(2)(A) (relating to independent expenditures) with respect to a different election, or with respect to a candidate in a different election, than an election which is the subject of any of the public independent expenditures covered by the report involved; or

‘(ii) for any campaign-related activity described in clause (ii) of section 325(d)(2)(A) (relating to electioneering communications).

‘(D) DETERMINATION OF AMOUNT OF CERTAIN PAYMENTS AMONG AFFILIATES- For purposes of determining the amount of any donation, payment, or transfer under this subsection which is made by a covered organization to another covered organization which is an affiliate of the covered organization or each of which is an affiliate of the same organization (as determined in accordance with subparagraph (B)(iii)), to the extent that the donation, payment, or 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 donation, payment, or transfer shall be attributed to the individuals paying the dues, fees, or assessments and shall not be attributed to the covered organization.

‘(E) COVERED ORGANIZATION REPORTING PERIOD DESCRIBED- In this paragraph, the ‘covered organization reporting period’ is, with respect to a statement filed by a covered organization under this subsection--

‘(i) in the case of the first statement filed by a covered organization under this subsection which includes information required under this paragraph, the shorter of--

‘(I) the period which begins on the effective date of the Democracy is Strengthened by Casting Light on Spending in Elections Act and ends on the disclosure date for the statement, or

‘(II) the 12-month period ending on the disclosure date for the statement; and

‘(ii) in the case of any subsequent statement filed by a covered organization under this subsection which includes information required under this paragraph, the period occurring since the most recent statement filed by the organization which includes such information.

‘(F) COVERED ORGANIZATION DEFINED- In this paragraph, the term ‘covered organization’ means any of the following:

‘(i) Any corporation which is subject to section 316(a), other than a corporation which is 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.

‘(ii) Any labor organization (as defined in section 316).

‘(iii) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, other than an exempt section 501(c)(4) organization (as defined in section 301(27)).

‘(iv) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act.

‘(G) OTHER DEFINITIONS- In this paragraph, the terms ‘campaign-related activity’ and ‘unrestricted donor payment’ have the meaning given such terms in section 325.’.

(2) CONFORMING AMENDMENT- Section 304(f)(2) of such Act (2 U.S.C. 434(f)(2)) is amended by striking ‘If the disbursements’ each place it appears in subparagraph (E) and (F) and inserting the following: ‘Except in the case of a statement which is required to include additional information under paragraph (6), if the disbursements’.

(c) Exemption of Certain Section 501(c)(4) Organizations- Section 301 of such Act (2 U.S.C. 431) is amended by adding at the end the following:

‘(27) EXEMPT SECTION 501(C)(4) ORGANIZATION- The term ‘exempt section 501(c)(4) organization’ means, with respect to disbursements made by an organization during a calendar year, an organization for which the chief executive officer of the organization certifies to the Commission (prior to the first disbursement made by the organization during the year) that each of the following applies:

‘(A) The organization is described in paragraph (4) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, and was so described and so exempt during each of the 10 previous calendar years.

‘(B) The organization has at least 500,000 individuals who paid membership dues during the previous calendar year (determined as of the last day of that year).

‘(C) The dues-paying membership of the organization includes at least one individual from each State. For purposes of this subparagraph, the term ‘State’ means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico.

‘(D) During the previous calendar year, the portion of funds provided to the organization by corporations (as described in section 316) or labor organizations (as defined in section 316), other than funds provided pursuant to commercial transactions occurring in the ordinary course of business, did not exceed 15 percent of the total amount of all funds provided to the organization from all sources.

‘(E) The organization does not use any of the funds provided to the organization by corporations (as described in section 316) or labor organizations (as defined in section 316) for campaign-related activity (as defined in section 325).’.

SEC. 212. RULES REGARDING USE OF GENERAL TREASURY FUNDS BY COVERED ORGANIZATIONS FOR CAMPAIGN-RELATED ACTIVITY.

Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended by adding at the end the following new section:

‘SEC. 325. SPECIAL RULES FOR USE OF GENERAL TREASURY FUNDS BY COVERED ORGANIZATIONS FOR CAMPAIGN-RELATED ACTIVITY.

‘(a) Use of Funds for Campaign-Related Activity-

‘(1) IN GENERAL- Subject to any applicable restrictions and prohibitions under this Act, a covered organization may make disbursements for campaign-related activity using--

‘(A) amounts paid or donated to the organization which are designated by the person providing the amounts to be used for campaign-related activity;

‘(B) unrestricted donor payments made to the organization; and

‘(C) other funds of the organization, including amounts received pursuant to commercial activities in the regular course of a covered organization’s business.

‘(2) NO EFFECT ON USE OF SEPARATE SEGREGATED FUND- Nothing in this section shall be construed to affect the authority of a covered organization to make disbursements from a separate segregated fund established and administered by the organization under section 316(b)(2)(C).

‘(b) Mutually Agreed Restrictions on Use of Funds for Campaign-Related Activity-

‘(1) AGREEMENT AND CERTIFICATION- If a covered organization and a person mutually agree, at the time the person makes a donation, payment, or transfer to the organization which would require the organization to disclose the person’s identification under section 304(g)(5)(A)(ii) or section 304(f)(6)(A)(ii), that the organization will not use the donation, payment, or transfer for campaign-related activity, then not later than 30 days after the organization receives the donation, payment, or transfer the organization shall transmit to the person a written certification by the chief financial officer of the covered organization (or, if the organization does not have a chief financial officer, the highest ranking financial official of the organization) that--

‘(A) the organization will not use the donation, payment, or transfer for campaign-related activity; and

‘(B) the organization will not include any information on the person in any report filed by the organization under section 304 with respect to independent expenditures or electioneering communications, so that the person will not be required to appear in a significant funder statement or a Top 5 Funders list under section 318(e).

‘(2) EXCEPTION FOR PAYMENTS MADE PURSUANT TO COMMERCIAL ACTIVITIES- Paragraph (1) does not apply with respect to any payment or transfer made pursuant to commercial activities in the regular course of a covered organization’s business.

‘(c) Certifications Regarding Disbursements for Campaign-Related Activity-

‘(1) CERTIFICATION BY CHIEF EXECUTIVE OFFICER- If, at any time during a calendar quarter, a covered organization makes a disbursement of funds for campaign-related activity using funds described in subsection (a)(1), the chief executive officer of the covered organization or the chief executive officer’s designee (or, if the organization does not have a chief executive officer, the highest ranking official of the organization or the highest ranking official’s designee) shall file a statement with the Commission which contains the following certifications:

‘(A) None of the campaign-related activity for which the organization disbursed the funds during the quarter was made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate, or political committee of a political party or agent of any political party.

‘(B) The chief executive officer or highest ranking official of the covered organization (as the case may be) has reviewed and approved each statement and report filed by the organization under section 304 with respect to any such disbursement made during the quarter.

‘(C) Each statement and report filed by the organization under section 304 with respect to any such disbursement made during the quarter is complete and accurate.

‘(D) All such disbursements made during the quarter are in compliance with this Act.

‘(E) No portion of the amounts used to make any such disbursements during the quarter is attributable to funds received by the organization that were subject to a mutual agreement (as provided in subsection (b)(1)) that the organization will not use the funds for campaign-related activity by the person who provided the funds from being used for campaign-related activity pursuant to subsection (b).

‘(2) APPLICATION OF ELECTRONIC FILING RULES- Section 304(d)(1) shall apply with respect to a statement required under this subsection in the same manner as such section applies with respect to a statement under subsection (c) or (g) of section 304.

‘(3) DEADLINE- The chief executive officer or highest ranking official of a covered organization (as the case may be) shall file the statement required under this subsection with respect to a calendar quarter not later than 15 days after the end of the quarter.

‘(d) Definitions- For purposes of this section, the following definitions apply:

‘(1) COVERED ORGANIZATION- The term ‘covered organization’ means any of the following:

‘(A) Any corporation which is subject to section 316(a), other than a corporation which is 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.

‘(B) Any labor organization (as defined in section 316).

‘(C) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, other than an exempt section 501(c)(4) organization (as defined in section 301(27)).

‘(D) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act.

‘(2) CAMPAIGN-RELATED ACTIVITY-

‘(A) IN GENERAL- The term ‘campaign-related activity’ means--

‘(i) an independent expenditure consisting of a public communication (as defined in section 301(22)), a transfer of funds to another person (other than the transferor itself) for the purpose of making such an independent expenditure by that person or by any other person (subject to subparagraph (C)), or (in accordance with subparagraph (B) and subject to subparagraph (C)) a transfer of funds to another person (other than the transferor itself) which is deemed to have been made for the purpose of making such an independent expenditure by that person or by any other person; or

‘(ii) an electioneering communication, a transfer of funds to another person (other than the transferor itself) for the purpose of making an electioneering communication by that person or by any other person (subject to subparagraph (C)), or (in accordance with subparagraph (B) and subject to subparagraph (C)) a transfer of funds to another person (other than the transferor itself)which is deemed to have been made for the purpose of making an electioneering communication by that person or by any other person.

‘(B) RULE FOR DEEMING TRANSFERS MADE FOR PURPOSE OF CAMPAIGN-RELATED ACTIVITY- For purposes of subparagraph (A), in determining whether a transfer of funds by a covered organization to another person shall be deemed to have been made for the purpose of making an independent expenditure consisting of a public communication or an electioneering communication, the following rules apply:

‘(i) The transfer shall be deemed to have been made for the purpose of making such an independent expenditure or an electioneering communication if--

‘(I) the covered organization designates, requests, or suggests that the amounts be used for such independent expenditures or electioneering communications and the person to whom the amounts were transferred agrees to do so;

‘(II) the person making such independent expenditures or electioneering communications or another person acting on that person’s behalf expressly solicited the covered organization for a donation or payment for making or paying for any such independent expenditure or electioneering communication;

‘(III) the covered organization and the person to whom the amounts were transferred engaged in written or oral discussion regarding the person either making, or paying for, such independent expenditures or electioneering communications, or donating or transferring the amounts to another person for that purpose;

‘(IV) the covered organization which transferred the funds knew or had reason to know that the person to whom the amounts were transferred intended to make such independent expenditures or electioneering communications; or

‘(V) the covered organization which transferred the funds or the person to whom the amounts were transferred made one or more such independent expenditures or electioneering communications in an aggregate amount of $50,000 or more during the 2-year period which ends on the date on which the amounts were transferred.

‘(ii) The transfer shall not be deemed to have been made for the purpose of making such an independent expenditure or an electioneering communication if--

‘(I) the transfer was a commercial transaction occurring in the ordinary course of business between the covered organization and the person to whom the amounts were transferred, unless there is affirmative evidence that the amounts were transferred for the purpose of making such an independent expenditure or electioneering communication; or

‘(II) the covered organization and the person to whom the amounts were transferred mutually agreed (as provided in subsection (b)(1)) that the person will not use the amounts for campaign-related activity.

‘(C) SPECIAL RULE REGARDING TRANSFERS AMONG AFFILIATES-

‘(I) SPECIAL RULE- In the case of a transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under clause (ii), subparagraphs (A) and (B) shall apply to the transfer 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.

‘(ii) DETERMINATION OF AMOUNT OF CERTAIN TRANSFERS AMONG AFFILIATES- In determining the amount of a transfer between affiliates for purposes of clause (I), 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.

‘(iii) DESCRIPTION OF TRANSFERS BETWEEN AFFILIATES- A 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 disbursing funds for campaign-related activity.

‘(iv) DETERMINATION OF AFFILIATE STATUS- For purposes of clause (ii), 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.

‘(v) COVERAGE OF TRANSFERS TO AFFILIATED SECTION 501(C)(3) ORGANIZATIONS- This subparagraph 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 subparagraph applies to an amount transferred by a covered organization to another covered organization.

‘(3) UNRESTRICTED DONOR PAYMENT- The term ‘unrestricted donor payment’ means a payment to a covered organization which consists of a donation or payment from a person other than the covered organization, except that such term does not include--

‘(A) any payment made pursuant to commercial activities in the regular course of a covered organization’s business; or

‘(B) any donation or payment which is designated by the person making the donation or payment to be used for campaign-related activity or made in response to a solicitation for funds to be used for campaign-related activity.’.

SEC. 213. OPTIONAL USE OF SEPARATE ACCOUNT BY COVERED ORGANIZATIONS FOR CAMPAIGN-RELATED ACTIVITY.

(a) In General- Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 212, is further amended by adding at the end the following new section:

‘SEC. 326. OPTIONAL USE OF SEPARATE ACCOUNT BY COVERED ORGANIZATIONS FOR CAMPAIGN-RELATED ACTIVITY.

‘(a) Optional Use of Separate Account-

‘(1) ESTABLISHMENT OF ACCOUNT-

‘(A) IN GENERAL- At its option, a covered organization may make disbursements for campaign-related activity using amounts from a bank account established and controlled by the organization to be known as the Campaign-Related Activity Account (hereafter in this section referred to as the ‘Account’), which shall be maintained separately from all other accounts of the organization and which shall consist exclusively of the deposits described in paragraph (2).

‘(B) MANDATORY USE OF ACCOUNT AFTER ESTABLISHMENT- If a covered organization establishes an Account under this section, it may not make disbursements for campaign-related activity from any source other than amounts from the Account, other than disbursements for campaign-related activity which, on the basis of a reasonable belief by the organization, would not be treated as disbursements for an exempt function for purposes of section 527(f) of the Internal Revenue Code of 1986.

‘(C) EXCLUSIVE USE OF ACCOUNT FOR CAMPAIGN-RELATED ACTIVITY- Amounts in the Account shall be used exclusively for disbursements by the covered organization for campaign-related activity. After such disbursements are made, information with respect to deposits made to the Account shall be disclosed in accordance with section 304(g)(5) or section 304(f)(6).

‘(2) DEPOSITS DESCRIBED- The deposits described in this paragraph are deposits of the following amounts:

‘(A) Amounts donated or paid to the covered organization by a person other than the organization for the purpose of being used for campaign-related activity, and for which the person providing the amounts has designated that the amounts be used for campaign-related activity with respect to a specific election or specific candidate.

‘(B) Amounts donated or paid to the covered organization by a person other than the organization for the purpose of being used for campaign-related activity, and for which the person providing the amounts has not designated that the amounts be used for campaign-related activity with respect to a specific election or specific candidate.

‘(C) Amounts donated or paid to the covered organization by a person other than the organization in response to a solicitation for funds to be used for campaign-related activity.

‘(D) Amounts transferred to the Account by the covered organization from other accounts of the organization, including from the organization’s general treasury funds.

‘(3) NO TREATMENT AS POLITICAL COMMITTEE- The establishment and administration of an Account in accordance with this subsection shall not by itself be treated as the establishment or administration of a political committee for any purpose of this Act.

‘(b) Reduction in Amounts Otherwise Available for Account in Response to Demand of General Donors-

‘(1) IN GENERAL- If a covered organization which has established an Account obtains any revenues during a year which are attributable to a donation or payment from a person other than the covered organization, and if the organization and any such person have mutually agreed (as provided in section 325(b)(1)) that the organization will not use the person’s donation, payment, or transfer for campaign-related activity, the organization shall reduce the amount of its revenues available for deposits to the Account which are described in subsection (a)(3)(D) during the year by the amount of the donation or payment which is subject to the mutual agreement.

‘(2) EXCEPTION- Paragraph (1) does not apply with respect to any payment made pursuant to commercial activities in the regular course of a covered organization’s business.

‘(c) Covered Organization Defined- In this section, the term ‘covered organization’ means any of the following:

‘(1) Any corporation which is subject to section 316(a), other than a corporation which is 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.

‘(2) Any labor organization (as defined in section 316).

‘(3) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, other than an exempt section 501(c)(4) organization (as defined in section 301(27)).

‘(4) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act.

‘(d) Campaign-Related Activity Defined- In this section, the term ‘campaign-related activity’ has the meaning given such term in section 325.’.

(b) Clarification of Treatment as Separate Segregated Fund- A Campaign-Related Activity Account (within the meaning of section 326 of the Federal Election Campaign Act of 1971, as added by subsection (a)) may be treated as a separate segregated fund for purposes of section 527(f)(3) of the Internal Revenue Code of 1986.

SEC. 214. MODIFICATION OF RULES RELATING TO DISCLAIMER STATEMENTS REQUIRED FOR CERTAIN COMMUNICATIONS.

(a) Applying Requirements to All Independent Expenditure Communications- Section 318(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(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 an independent expenditure consisting of a public communication’.

(b) Stand by Your Ad Requirements-

(1) MAINTENANCE OF EXISTING REQUIREMENTS FOR COMMUNICATIONS BY POLITICAL PARTIES AND OTHER POLITICAL COMMITTEES- Section 318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is amended--

(A) in the heading, by striking ‘OTHERS’ and inserting ‘POLITICAL COMMITTEES’;

(B) by striking ‘subsection (a)’ and inserting ‘subsection (a) which is paid for by a political committee (including a political committee of a political party), other than a political committee which is described in subsection (e)(7)(B),’; and

(C) by striking ‘or other person’ each place it appears.

(2) SPECIAL DISCLAIMER REQUIREMENTS FOR CERTAIN COMMUNICATIONS- Section 318 of such Act (2 U.S.C. 441d) is amended by adding at the end the following new subsection:

‘(e) Communications by Others-

‘(1) IN GENERAL- Any communication described in paragraph (3) of subsection (a) which is transmitted through radio or television (other than a communication to which subsection (d)(2) applies because the communication is paid for by a political committee, including a political committee of a political party, other than a political committee which is described in paragraph (7)(B)) shall include, in addition to the requirements of that paragraph, the following:

‘(A) The individual disclosure statement described in paragraph (2) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (3) (if the person paying for the communication is not an individual).

‘(B) If the communication is an electioneering communication or an independent expenditure consisting of a public communication and is paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325, the significant funder disclosure statement described in paragraph (4) (if applicable), unless, on the basis of criteria established in regulations promulgated by the Commission, the communication is of such short duration that including the statement in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the communication’s content to consist of the statement.

‘(C) If the communication is an electioneering communication or an independent expenditure consisting of a public communication and is paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325, the Top Five Funders list described in paragraph (5) (if applicable), unless, on the basis of criteria established in regulations promulgated by the Commission, the communication 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 communication’s content to consist of the Top Five Funders list.

‘(2) INDIVIDUAL DISCLOSURE STATEMENT DESCRIBED- The individual disclosure statement described in this paragraph is the following: ‘I am XXXXXXX, of XXXXXXX, XXXXXXX, and I approve this message.’, with--

‘(A) the first blank filled in with the name of the applicable individual;

‘(B) the second blank filled in with the local jurisdiction in which the applicable individual resides; and

‘(C) the third blank filled in with the State in which the applicable individual resides.

‘(3) ORGANIZATIONAL DISCLOSURE STATEMENT DESCRIBED- The organizational disclosure statement described in this paragraph is the following: ‘I am XXXXXXX, the XXXXXXX of XXXXXXX, located in XXXXXXX, XXXXXXX, and XXXXXXX approves this message.’, with--

‘(A) the first blank to be filled in with the name of the applicable individual;

‘(B) the second blank to be filled in with the title of the applicable individual;

‘(C) the third blank to be filled in with the name of the organization or other person paying for the communication;

‘(D) the fourth blank to be filled in with the local jurisdiction in which such organization’s or person’s principal office is located;

‘(E) the fifth blank to be filled in with the State in which such organization’s or person’s principal office is located; and

‘(F) the sixth blank to be filled in with the name of such organization or person.

‘(4) SIGNIFICANT FUNDER DISCLOSURE STATEMENT DESCRIBED-

‘(A) STATEMENT IF SIGNIFICANT FUNDER IS AN INDIVIDUAL- If the significant funder of a communication paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325 is an individual, the significant funder disclosure statement described in this paragraph is the following: ‘I am XXXXXXX, of XXXXXXX, XXXXXXX. I helped to pay for this message, and I approve it.’, with--

‘(i) the first blank filled in with the name of the applicable individual;

‘(ii) the second blank filled in with the local jurisdiction in which the applicable individual resides; and

‘(iii) the third blank filled in with the State in which the applicable individual resides.

‘(B) STATEMENT IF SIGNIFICANT FUNDER IS NOT AN INDIVIDUAL- If the significant funder of a communication paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325 is not an individual, the significant funder disclosure statement described in this paragraph is the following: ‘I am XXXXXXX, the XXXXXXX of XXXXXXX, located in XXXXXXX, XXXXXXX. XXXXXXX helped to pay for this message, and XXXXXXX approves it.’, 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;

‘(iii) the third blank to be filled in with the name of the significant funder of the communication;

‘(iv) the fourth blank to be filled in with the local jurisdiction in which the significant funder’s principal office is located;

‘(v) the fifth blank to be filled in with the State in which the significant funder’s principal office is located; and

‘(vi) the sixth and seventh blank each to be filled in with the name of the significant funder of the communication.

‘(C) SIGNIFICANT FUNDER DEFINED-

‘(i) INDEPENDENT EXPENDITURES- For purposes of this paragraph, the ‘significant funder’ with respect to an independent expenditure consisting of a public communication paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325 shall be determined as follows:

‘(I) If any report filed by any organization with respect to the independent expenditure under section 304 during the 12-month period which ends on the date of the disbursement includes information on any person who made a payment to the organization in an amount equal to or exceeding $100,000 which was designated by the person to be used for campaign-related activity consisting of that specific independent expenditure (as required to be included in the report under section 304(g)(5)(A)(i)), the person who is identified among all such reports as making the largest such payment.

‘(II) If any report filed by any organization with respect to the independent expenditure under section 304 during the 12-month period which ends on the date of the disbursement includes information on any person who made a payment to the organization in an amount equal to or exceeding $100,000 which was designated by the person to be used for campaign-related activity with respect to the same election or in support of the same candidate (as required to be included in the report under section 304(g)(5)(A)(i)) but subclause (I) does not apply, the person who is identified among all such reports as making the largest such payment.

‘(III) If any report filed by any organization with respect to the independent expenditure under section 304 during the 12-month period which ends on the date of the disbursement includes information on any person who made a payment to the organization in an amount equal to or exceeding $10,000 which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity (as required to be included in the report under section 304(g)(5)(A)(i)) but subclause (I) or subclause (II) does not apply, the person who is identified among all such reports as making the largest such payment.

‘(IV) If none of the reports filed by any organization with respect to the independent expenditure under section 304 during the 12-month period which ends on the date of the disbursement includes information on any person (other than the organization) who made a payment to the organization in an amount equal to or exceeding $10,000 which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity, but any of such reports includes information on any person who made an unrestricted donor payment to the organization (as required to be included in the report under section 304(g)(5)(A)(ii)) in an amount equal to or exceeding $10,000, the person who is identified among all such reports as making the largest such unrestricted donor payment.

‘(ii) ELECTIONEERING COMMUNICATIONS- For purposes of this paragraph, the ‘significant funder’ with respect to an electioneering communication paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325, shall be determined as follows:

‘(I) If any report filed by any organization with respect to the electioneering communication under section 304 during the 12-month period which ends on the date of the disbursement includes information on any person who made a payment to the organization in an amount equal to or exceeding $100,000 which was designated by the person to be used for campaign-related activity consisting of that specific electioneering communication (as required to be included in the report under section 304(f)(6)(A)(i)), the person who is identified among all such reports as making the largest such payment.

‘(II) If any report filed by any organization with respect to the electioneering communication under section 304 during the 12-month period which ends on the date of the disbursement includes information on any person who made a payment to the organization in an amount equal to or exceeding $100,000 which was designated by the person to be used for campaign-related activity with respect to the same election or in support of the same candidate (as required to be included in the report under section 304(f)(6)(A)(i)) but subclause (I) does not apply, the person who is identified among all such reports as making the largest such payment.

‘(III) If any report filed by any organization with respect to the electioneering communication under section 304 during the 12-month period which ends on the date of the disbursement includes information on any person who made a payment to the organization in an amount equal to or exceeding $10,000 which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity (as required to be included in the report under section 304(f)(6)(A)(i)) but subclause (I) or subclause (II) does not apply, the person who is identified among all such reports as making the largest such payment.

‘(IV) If none of the reports filed by any organization with respect to the electioneering communication under section 304 during the 12-month period which ends on the date of the disbursement includes information on any person who made a payment to the organization in an amount equal to or exceeding $10,000 which was provided for the purpose of being used for campaign-related activity or in response to a solicitation for funds to be used for campaign-related activity, but any of such reports includes information on any person who made an unrestricted donor payment to the organization (as required to be included in the report under section 304(f)(6)(A)(ii)) in an amount equal to or exceeding $10,000, the person who is identified among all such reports as making the largest such unrestricted donor payment.

‘(5) TOP 5 FUNDERS LIST DESCRIBED- With respect to a communication paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325, the Top 5 Funders list described in this paragraph is--

‘(A) in the case of a disbursement for an independent expenditure consisting of a public communication, a list of the 5 persons (or, in the case of a communication transmitted through radio, the 2 persons) who provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 which are required under section 304(g)(5)(A) to be included in the reports filed by any organization with respect to that independent expenditure under section 304 during the 12-month period which ends on the date of the disbursement, together with the amount of the payments each such person provided and the local jurisdiction and State in which each such person lives (in the case of a person who is an individual) or is located (in the case of any other person); or

‘(B) in the case of a disbursement for an electioneering communication, a list of the 5 persons (or, in the case of a communication transmitted through radio, the 2 persons) who provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 which are required under section 304(f)(6)(A) to be included in the reports filed by any organization with respect to that electioneering communication under section 304 during the 12-month period which ends on the date of the disbursement, together with the amount of the payments each such person provided and the local jurisdiction and State in which each such person lives (in the case of a person who is an individual) or is located (in the case of any other person).

‘(6) METHOD OF CONVEYANCE OF STATEMENT-

‘(A) COMMUNICATIONS TRANSMITTED THROUGH RADIO- In the case of a communication to which this subsection applies which is transmitted through radio, the disclosure statements required under paragraph (1) shall be made by audio by the applicable individual in a clearly spoken manner.

‘(B) COMMUNICATIONS TRANSMITTED THROUGH TELEVISION- In the case of a communication to which this subsection applies which is transmitted through television, the information required under paragraph (1)--

‘(i) shall appear in writing at the end of the communication in a clearly readable 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) except in the case of a Top 5 Funders list described in paragraph (5), 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.

‘(7) APPLICATION TO CERTAIN PACS-

‘(A) APPLICATION- This subsection shall apply with respect to an electioneering communication, and to an independent expenditure consisting of a public communication, which is paid for in whole or in part with a payment by a political committee described in subparagraph (B) in the same manner as this subsection applies with respect to an electioneering communication and an independent expenditure consisting of a public communication which is paid for in whole or in part with a payment which is treated as a disbursement by a covered organization under section 325, except that--

‘(i) in applying paragraph (4)(C), the ‘significant funder’ with respect to such an electioneering communication or such an independent expenditure shall be the person who is identified as providing the largest aggregate amount of contributions, donations, or payments to the political committee during the 12-month period which ends on the date the committee made the disbursement for the electioneering communication or independent expenditure (as determined on the basis of the information contained in all reports filed by the committee under section 304 during such period); and

‘(ii) in applying paragraph (5), the ‘Top 5 Funders list’ shall be a list of the 5 persons who are identified as providing the largest aggregate amounts of contributions, donations, or payments to the political committee during such 12-month period (as determined on the basis of the information contained in all such reports).

‘(B) POLITICAL COMMITTEE DESCRIBED- A political committee described in this subparagraph is a political committee which receives or accepts contributions or donations which do not comply with the contribution limits or source prohibitions of this Act.

‘(8) APPLICABLE INDIVIDUAL DEFINED- In this subsection, the term ‘applicable individual’ means, with respect to a communication to which this paragraph applies--

‘(A) if the communication is paid for by an individual or if the significant funder of the communication under paragraph (4) is an individual, the individual involved;

‘(B) if the communication is paid for by a corporation or if the significant funder of the communication under paragraph (4) is 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 or if the significant funder of the communication under paragraph (4) is a labor organization, the highest ranking officer of the labor organization; or

‘(D) if the communication is paid for by any other person or if the significant funder of the communication under paragraph (4) is any other person, the highest ranking official of such person.

‘(9) COVERED ORGANIZATION DEFINED- In this subsection, the term ‘covered organization’ means any of the following:

‘(A) Any corporation which is subject to section 316(a), other than a corporation which is 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.

‘(B) Any labor organization (as defined in section 316).

‘(C) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, other than an exempt section 501(c)(4) organization (as defined in section 301(27)).

‘(D) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act.

‘(10) OTHER DEFINITIONS- In this subsection, the terms ‘campaign-related activity’ and ‘unrestricted donor payment’ have the meaning given such terms in section 325.’.

(3) APPLICATION TO CERTAIN MASS MAILINGS- Section 318(a)(3) of such Act (2 U.S.C. 441d(a)(3)) is amended to read as follows:

‘(3) if not authorized by a candidate, an authorized political committee of a candidate, or its agents, shall clearly state--

‘(A) the name and permanent street address, telephone number, or World Wide Web address of the person who paid for the communication;

‘(B) if the communication is an independent expenditure consisting of a mass mailing (as defined in section 301(23)) which is paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325, or which is paid for in whole or in part by a political committee described in subsection (e)(7)(B), the name and permanent street address, telephone number, or World Wide Web address of--

‘(i) the significant funder of the communication, if any (as determined in accordance with subsection (e)(4)(C)(i) or (e)(7)(A)(i); and

‘(ii) each person who would be included in the Top 5 Funders list which would be submitted with respect to the communication if the communication were transmitted through television, if any (as determined in accordance with subsection (e)(5) or (e)(7)(A)(ii)); and

‘(C) that the communication is not authorized by any candidate or candidate’s committee.’.

(4) APPLICATION TO POLITICAL ROBOCALLS- Section 318 of such Act (2 U.S.C. 441d), as amended by paragraph (2), is further amended by adding at the end the following new subsection:

‘(f) Special Rules for Political Robocalls-

‘(1) REQUIRING COMMUNICATIONS TO INCLUDE CERTAIN DISCLAIMER STATEMENTS- Any communication consisting of a political robocall which would be subject to the requirements of subsection (e) if the communication were transmitted through radio or television shall include the following:

‘(A) The individual disclosure statement described in subsection (e)(2) (if the person paying for the communication is an individual) or the organizational disclosure statement described in subsection (e)(3) (if the person paying for the communication is not an individual).

‘(B) If the communication is an electioneering communication or an independent expenditure consisting of a public communication and is paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-related activity under section 325, or which is paid for in whole or in part by a political committee described in subsection (e)(7)(B), the significant funder disclosure statement described in subsection (e)(4) or (e)(7) (if applicable).

‘(2) TIMING OF CERTAIN STATEMENT- The statements required to be included under paragraph (1) shall be made at the beginning of the political robocall, unless, on the basis of criteria established in regulations promulgated by the Commission, the communication is of such short duration that including the statement in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the communication’s content to consist of the statement.

‘(3) POLITICAL ROBOCALL DEFINED- In this subsection, the term ‘political robocall’ means any outbound telephone call--

‘(A) in which a person is not available to speak with the person answering the call, and the call instead plays a recorded message; and

‘(B) which promotes, supports, attacks, or opposes a candidate for election for Federal office.’.

SEC. 215. INDEXING OF CERTAIN AMOUNTS.

Title III of the Federal Election Campaign Act of 1971, as amended by section 213, is amended by adding at the end the following new section:

‘SEC. 327. INDEXING OF CERTAIN AMOUNTS.

‘(a) Indexing- In any calendar year after 2010--

‘(1) each of the amounts referred to in subsection (b) shall be increased by the percent difference determined under subparagraph (A) of section 315(c)(1), except that for purposes of this paragraph, such percent difference shall be determined as if the base year referred to in such subparagraph were 2009;

‘(2) each amount so increased shall remain in effect for the calendar year; and

‘(3) if any amount after adjustment under paragraph (1) is not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.

‘(b) Amounts Described- The amounts referred to in this subsection are as follows:

‘(1) The amount referred to in section 304(g)(5)(A)(i)(I).

‘(2) The amount referred to in section 304(g)(5)(A)(ii)(I).

‘(3) Each of the amounts referred to in section 304(g)(5)(A)(ii)(II).

‘(4) The amount referred to in section 304(g)(5)(B)(ii)(I)(ee).

‘(5) The amount referred to in section 304(g)(5)(B)(iii)(I).

‘(6) The amount referred to in section 304(f)(6)(A)(i)(I).

‘(7) The amount referred to in section 304(f)(6)(A)(ii)(I).

‘(8) Each of the amounts referred to in section 304(f)(6)(A)(ii)(II).

‘(9) The amount referred to in section 304(f)(6)(B)(ii)(I)(ee).

‘(10) The amount referred to in section 304(f)(6)(B)(iii)(I).

‘(11) The amount referred to in section 317(b).

‘(12) Each of the amounts referred to in section 318(e)(4)(C).

‘(13) The amount referred to in section 325(d)(2)(B)(i)(V).

‘(14) The amount referred to in section 325(d)(2)(C)(i).’.

Subtitle C--Reporting Requirements for Registered Lobbyists

SEC. 221. REQUIRING REGISTERED LOBBYISTS TO REPORT INFORMATION ON INDEPENDENT EXPENDITURES AND ELECTIONEERING COMMUNICATIONS.

(a) In General- Section 5(d)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1604(d)(1)) is amended--

(1) by striking ‘and’ at the end of subparagraph (F);

(2) by redesignating subparagraph (G) as subparagraph (I); and

(3) by inserting after subparagraph (F) the following new subparagraphs:

‘(G) the amount of any independent expenditure (as defined in section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)) equal to or greater than $1,000 made by such person or organization, and for each such expenditure the name of each candidate being supported or opposed and the amount spent supporting or opposing each such candidate;

‘(H) the amount of any electioneering communication (as defined in section 304(f)(3) of such Act (2 U.S.C. 434(f)(3)) equal to or greater than $1,000 made by such person or organization, and for each such communication the name of the candidate referred to in the communication; and’.

(b) Effective Date- The amendments made by this section shall apply with respect to reports for semiannual periods described in section 5(d)(1) of the Lobbying Disclosure Act of 1995 that begin after the date of the enactment of this Act.

TITLE III--DISCLOSURE BY COVERED ORGANIZATIONS OF INFORMATION ON CAMPAIGN-RELATED ACTIVITY

SEC. 301. REQUIRING DISCLOSURE BY COVERED ORGANIZATIONS OF INFORMATION ON CAMPAIGN-RELATED ACTIVITY.

Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended by section 215, is amended by adding at the end the following new section:

‘SEC. 328. DISCLOSURES BY COVERED ORGANIZATIONS TO SHAREHOLDERS, MEMBERS, AND DONORS OF INFORMATION ON DISBURSEMENTS FOR CAMPAIGN-RELATED ACTIVITY.

‘(a) Including Information in Regular Periodic Reports-

‘(1) IN GENERAL- A covered organization which submits regular, periodic reports to its shareholders, members, or donors on its finances or activities shall include in each such report, in a clear and conspicuous manner, the information described in paragraph (2) with respect to the disbursements made by the organization for campaign-related activity during the period covered by the report.

‘(2) INFORMATION DESCRIBED- The information described in this paragraph is, for each disbursement for campaign-related activity--

‘(A) the date of the independent expenditure or electioneering communication involved;

‘(B) the amount of the independent expenditure or electioneering communication involved;

‘(C) the name of the candidate identified in the independent expenditure or electioneering communication involved and the office sought by the candidate;

‘(D) in the case of a transfer of funds to another person, the information required by subparagraphs (A) through (C), as well as the name of the recipient of the funds and the date and amount of the funds transferred;

‘(E) the source of such funds; and

‘(F) such other information as the Commission determines is appropriate to further the purposes of this subsection.

‘(b) Hyperlink to Information Included in Reports Filed With Commission-

‘(1) REQUIRING POSTING OF HYPERLINK- If a covered organization maintains an Internet site, the organization shall post on such Internet site a hyperlink from its homepage to the location on the Internet site of the Commission which contains the following information:

‘(A) The information the organization is required to report under section 304(g)(5)(A) with respect to public independent expenditures.

‘(B) The information the organization is required to include in a statement of disbursements for electioneering communications under section 304(f)(6).

‘(2) DEADLINE; DURATION OF POSTING- The covered organization shall post the hyperlink described in paragraph (1) not later than 24 hours after the Commission posts the information described in such paragraph on the Internet site of the Commission, and shall ensure that the hyperlink remains on the Internet site of the covered organization until the expiration of the 1-year period which begins on the date of the election with respect to which the public independent expenditures or electioneering communications are made.

‘(c) Covered Organization Defined- In this section, the term ‘covered organization’ means any of the following:

‘(1) Any corporation which is subject to section 316(a), other than a corporation which is 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.

‘(2) Any labor organization (as defined in section 316).

‘(3) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, other than an exempt section 501(c)(4) organization (as defined in section 301(27)).

‘(4) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act.’.

TITLE IV--OTHER PROVISIONS

SEC. 401. JUDICIAL REVIEW.

(a) Special Rules for Actions Brought on Constitutional Grounds- If any action is brought for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act or any amendment made by this Act, 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 a decision of the District Court may be taken to the Court of Appeals for the District of Columbia Circuit.

(2) A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives and the Secretary of the Senate.

(b) Intervention by Members of Congress- In any action in which the constitutionality of any provision of this Act or any amendment made by this Act is raised, any member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate who satisfies the requirements for standing under article III of the Constitution 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 or amendment. 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 intervenors taking similar positions to file joint papers or to be represented by a single attorney at oral argument.

(c) Challenge by Members of Congress- Any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate may bring an action, subject to the special rules described in subsection (a), for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act or any amendment made by this Act.

SEC. 402. NO EFFECT ON PROTECTIONS AGAINST THREATS, HARASSMENTS, AND REPRISALS.

Nothing in this Act or in any amendment made by this Act shall be construed to affect any provision of law or any rule or regulation which waives a requirement to disclose information relating to any person in any case in which there is a reasonable probability that the disclosure of the information would subject the person to threats, harassments, or reprisals.

SEC. 403. SEVERABILITY.

If 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.

SEC. 404. EFFECTIVE DATE.

Except as otherwise provided, this Act and the amendments made by this Act shall take effect upon the expiration of the 30-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.

Passed the House of Representatives June 24, 2010.

Attest:

LORRAINE C. MILLER,

Clerk.

Calendar No. 448

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.

June 29, 2010