S 3628 Disclose Act

II
Calendar No. 476

111TH CONGRESS
2D SESSION
S. 3628
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 elec-
tions, and for other purposes.
IN THE SENATE OF THE UNITED STATES

JULY 21, 2010
Mr. SCHUMER introduced the following bill; which was read the first time
JULY 22, 2010

Read the second time and placed on the calendar
A BILL
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 dis-
closure requirements with respect to spending in such
elections, and for other purposes.
1 Be it enacted by the Senate and House of Representa-

rfrederick on DSKD9S0YB1PROD with BILLS
2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
2 (a) SHORT TITLE.—This Act may be cited as the

3 ‘‘Democracy is Strengthened by Casting Light on Spend-
4 ing in Elections Act’’ or the ‘‘DISCLOSE Act’’.
5 (b) TABLE OF CONTENTS.—The table of contents of
6 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I—REGULATION OF CERTAIN POLITICAL SPENDING
Sec. 101. Prohibiting independent expenditures and electioneering communica-

tions by government contractors.
Sec. 102. Application of ban on contributions and expenditures by foreign na-
tionals to foreign-controlled domestic corporations.
Sec. 103. Treatment of payments for coordinated communications as contribu-
tions.
Sec. 104. Treatment of political party communications made on behalf of can-
didates.
Sec. 105. Restriction on internet communications treated as public communica-
tions.
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 expendi-
tures 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 disburse-

ments by covered organizations.
Sec. 212. Rules regarding use of general treasury funds by covered organiza-
tions for campaign-related activity.
Sec. 213. Optional use of separate account by covered organizations for cam-
paign-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
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Sec. 221. Requiring registered lobbyists to report information on independent
expenditures and electioneering communications.
Subtitle D—Filing by Senate Candidates With Commission
Sec. 231. Filing by Senate candidates with Commission.
TITLE III—DISCLOSURE BY COVERED ORGANIZATIONS OF

INFORMATION ON CAMPAIGN-RELATED ACTIVITY
Sec. 301. Requiring disclosure by covered organizations of information on cam-

paign-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.
1 SEC. 2. FINDINGS.
2 (a) GENERAL FINDINGS.—Congress finds and de-

3 clares as follows:
4 (1) Throughout the history of the United
5 States, the American people have been rightly con-
6 cerned about the power of special interests to control
7 our democratic processes. That was true over 100
8 years ago when Congress first enacted legislation in-
9 tended to restrict corporate funds from being used
10 in Federal elections, legislation that Congress
11 amended in 1947 to expressly include independent
12 expenditures. The Supreme Court held such legisla-
13 tion to be constitutional in 1990 in Austin v. Michi-
14 gan Chamber of Commerce (494 U.S. 652) and
15 again in 2003 in McConnell v. F.E.C. (540 U.S.
16 93).
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1 (2) The Supreme Court’s decision in Citizens
2 United v. Federal Election Commission on January
3 21, 2010, invalidated legislation restricting the abil-
4 ity of corporations and labor unions to spend funds
5 from their general treasury accounts to influence the
6 outcome of elections.
7 (b) FINDINGS RELATING TO GOVERNMENT CON-
8 TRACTORS.—Congress finds and declares as follows:
9 (1) Government contracting is an activity that
10 is particularly susceptible to improper influence, and
11 to the appearance of improper influence. Govern-
12 ment contracts must be awarded based on an objec-
13 tive evaluation of how well bidders or potential con-
14 tractors meet relevant statutory criteria.
15 (2) Independent expenditures and electioneering
16 communications that benefit particular candidates or
17 elected officials or disfavor their opponents can lead
18 to apparent and actual ingratiation, access, influ-
19 ence, and quid pro quo arrangements. Government
20 contracts should be awarded based on an objective
21 application of statutory criteria, not based on other
22 forms of inappropriate or corrupting influence.
23 (3) Prohibiting independent expenditures and
24 electioneering communications by persons negoti-

25 ating for or performing government contracts will
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1 prevent government officials involved in or with in-
2 fluence over the contracting process from influencing
3 the contracting process based, consciously or other-
4 wise, on this kind of inappropriate or corrupting in-
5 fluence.
9 likewise prevent such persons from feeling pressure,
10 whether actually exerted by government officials or
11 not, to make expenditures and to fund communica-
12 tions in order to maximize their chances of receiving
13 contracts, or to match similar expenditures and com-
14 munications made by their competitors.
15 (5) Furthermore, because government contracts
16 often involve large amounts of public money, it is
17 critical that the public perceive that the government
18 contracts are awarded strictly in accordance with
19 prescribed statutory standards, and not based on
20 other forms of inappropriate or corrupting influence.
21 The public’s confidence in government is under-
22 mined when corporations that make significant ex-
23 penditures during Federal election campaigns later
24 receive government funds.
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4 prevent any appearance that government contracts
5 were awarded based in whole or in part on such ex-
6 penditures or communications, or based on the inap-
7 propriate or corrupting influence such expenditures
8 and communications can create and appear to cre-
9 ate.
10 (7) In these ways, prohibiting independent ex-
11 penditures and electioneering communications by
12 persons negotiating for or performing government
13 contracts will protect the actual and perceived integ-
14 rity of the government contracting process.
15 (8) Moreover, the risks of waste, fraud and
16 abuse, all resulting in economic losses to taxpayers,
17 are significant when would-be public contractors or
18 applicants for public funds make expenditures in
19 Federal election campaigns in order to affect elec-
20 toral outcomes.
21 (c) FINDINGS RELATING TO FOREIGN CORPORA-
22 TIONS.—Congress finds and declares as follows:
23 (1) The Supreme Court’s decision in the Citi-
24 zens United case has provided the means by which

25 United States corporations controlled by foreign en-
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1 tities can freely spend money to influence United
2 States elections.
3 (2) Foreign corporations commonly own U.S.
4 corporations in whole or in part, and U.S. corporate
5 equity and debt are also held by foreign individuals,
6 sovereign wealth funds, and even foreign nations at
7 levels which permit effective control over those U.S.
8 entities.
9 (3) As recognized in many areas of the law, for-
10 eign ownership interests and influences are exerted
11 in a perceptible way even when the entity is not ma-
12 jority-foreign-owned.
13 (4) The Federal Government has broad con-
14 stitutional power to protect American interests and
15 sovereignty from foreign interference and intrusion.
16 (5) Congress has a clear interest in minimizing
17 foreign intervention, and the perception of foreign
18 intervention, in United States elections.
19 (d) FINDINGS RELATING TO COORDINATED EXPEND-
20 ITURES.—Congress finds and declares as follows:
21 (1) It has been the consistent view of Congress
22 and the courts that coordinated expenditures in
23 campaigns for election are no different in nature
24 from contributions.
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1 (2) Existing rules still allow donors to evade
2 contribution limits by making campaign expendi-
3 tures which, while technically qualifying as inde-
4 pendent expenditures under law, are for all relevant
5 purposes coordinated with candidates and political
6 parties and thus raise the potential for corruption or
7 the appearance of corruption.
8 (3) Such arrangements have the potential to
9 give rise to the reality or appearance of corruption
10 to the same degree that direct contributions to a
11 candidate may give rise to the reality or appearance
12 of corruption. Moreover, expenditures which are in
13 fact made in coordination with a candidate or polit-
14 ical party have the potential to lessen the public’s
15 trust and faith in the rules and the integrity of the
16 electoral process.
17 (4) The government therefore has a compelling
18 interest in making sure that expenditures that are
19 de facto coordinated with a candidate are treated as
20 such to prevent corruption, the appearance of cor-
21 ruption, or the perception that some participants are
22 circumventing the laws and regulations which govern
23 the financing of election campaigns.
24 (e) FINDINGS RELATING TO DISCLOSURES AND DIS-

25 CLAIMERS.—Congress finds and declares as follows:
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1 (1) The American people have a compelling in-
2 terest in knowing who is funding independent ex-
3 penditures and electioneering communications to in-
4 fluence Federal elections, and the government has a
5 compelling interest in providing the public with that
6 information. Effective disclaimers and prompt disclo-
7 sure of expenditures, and the disclosure of the fund-
8 ing sources for these expenditures, can provide
9 shareholders, voters, and citizens with the informa-
10 tion needed to evaluate the actions by special inter-
11 ests seeking influence over the democratic process.
12 Transparency promotes accountability, increases the
13 fund of information available to the public con-
14 cerning the support given to candidates by special
15 interests, sheds the light of publicity on political
16 spending, and encourages the leaders of organiza-
17 tions to act only upon legitimate organizational pur-
18 poses.
19 (2) Protecting this compelling interest has be-
20 come particularly important to address the increase
21 in special interest spending on election-related com-
22 munications which Congress finds will result from
23 the Supreme Court’s decision in the Citizens United
24 case. The current disclosure and disclaimer require-

25 ments were designed for a campaign finance system
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1 in which such expenditures were subject to prohibi-
2 tions that no longer apply.
3 (3) More rigorous disclosure and disclaimer re-
4 quirements are necessary to protect against the eva-
5 sion of those current rules that were not the subject
6 of the Citizens United case. Organizations that en-
7 gage in election-related communications have used a
8 variety of methods to attempt to obscure their spon-
9 sorship of communications from the general public,
10 including multiple transfers of funds between dif-
11 ferent individuals and organizations. Robust, en-
12 hanced disclosure and disclaimer requirements are
13 necessary to ensure that the electorate is informed
14 about who is actually paying for particular election-
15 related communications, and that the shareholders
16 and members of organizations are aware of their or-
17 ganizations’ election-related spending.
18 (4) Various factors, including the frequency of
19 political campaigns that effectively begin long before
20 election day, have also rendered the existing system
21 of disclosure and disclaimer requirements (including
22 the limited time periods during which some of those
23 requirements currently apply) inadequate to protect
24 fully the government’s compelling interests. Those

25 interests include ensuring that the electorate is fully
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1 informed about the sources of election-related spend-
2 ing, and that shareholders, voters and citizens alike
3 have the information they need to hold corporations
4 and elected officials accountable.
5 (5) The pervasive nature of campaign adver-
6 tising means that most Americans, even those who
7 might not be otherwise engaged in the political proc-
8 ess, will come into contact with campaign adver-
9 tising. Moreover, the lengthy nature of most modern
10 campaigns means that many Americans will be ex-
11 posed to campaign advertising for an extended pe-
12 riod of time prior to the actual election. Many of
13 these Americans may lack ready access to the infor-
14 mation provided through the existing disclosure re-
15 quirements. For this reason, disclaimers on the cam-
16 paign advertising itself are particularly important in
17 improving the knowledge of the American people
18 about who is funding independent expenditures and
19 electioneering communications to influence Federal
20 elections.
21 (6) Effective disclaimers enable the American
22 people to assess advertisements as they see or hear
23 them, making them aware of the sources of funding
24 behind advertisements, and enabling them to use

25 that information to help evaluate the persuasiveness
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1 of the advertisements. Effective disclaimers can also
2 alert the electorate to connections between different
3 advertisements, such as when different advertise-
4 ments are supported by the same funding source. It
5 is thus particularly important that disclaimers on all
6 advertising be presented in a manner that can be
7 quickly and easily understood, and is likely to be ob-
8 served and retained, by those seeing or hearing the
9 advertisement.
10 (7) The current lack of accountability and
11 transparency with respect to special interest political
12 spending allows that spending to serve as a private
13 benefit for the officials of special interest organiza-
14 tions, to the detriment of those organizations and
15 their shareholders and members.
16 (8) Election-related communications by not-for-
17 profit charitable organizations raise certain addi-
18 tional, particularized issues. In the past, such orga-
19 nizations have sometimes been established in order
20 to permit the actual sponsors of election-related
21 communications to obscure their identities from vot-
22 ers and the general public. At the same time, other
23 such organizations are familiar, established associa-
24 tions of persons dedicated to a common and trans-

25 parent charitable, educational, or recreational pur-
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1 pose. The importance of enhanced disclosures of the
2 sources of funding of a not-for-profit organization’s
3 election-related communications is diminished where
4 certain conditions are met. If an organization is
5 long-established, the public is more likely to be fa-
6 miliar with the organization and its purposes, mak-
7 ing it less important to require disclosure of the or-
8 ganization’s donors in order for the public to fairly
9 understand and evaluate its communications. Simi-
10 larly, national organizations with broad-based mem-
11 bership are likely to be better known, making en-
12 hanced disclosure of the organization’s donors less
13 critical. Organizations that have a substantial mem-
14 bership, particularly a geographically dispersed and
15 long-standing membership, are less likely to serve as
16 conduits for a small number of donors who use the
17 organization to express their own personal views in
18 the guise of an organizational communication. Orga-
19 nizations that accept only limited funds from cor-
20 porations and do not use any corporate funds to
21 subsidize campaign-related activities are less likely
22 to be used to obscure corporate sources of political
23 communications. In rare cases where all of these
24 characteristics describe a particular non-profit orga-

25 nization, the existing disclosure and disclaimer re-
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1 quirements will provide sufficient information to en-
2 able the public to understand who is actually speak-
3 ing.
4 (f) FINDINGS RELATING TO CAMPAIGN SPENDING BY
5 LOBBYISTS.—Congress finds and declares as follows:
6 (1) Lobbyists and lobbying organizations, and
7 through them, their clients, influence the public deci-
8 sion-making process in a variety of ways.
9 (2) In recent years, scandals involving undue
10 lobbyist influence have lowered public trust in gov-
11 ernment and jeopardized the willingness of voters to
12 take part in democratic governance.
13 (3) One way in which lobbyists may unduly in-
14 fluence Federal officials is through their clients
15 making independent expenditures or electioneering
16 communications targeting elected officials.
17 (4) Disclosure of such independent expenditures
18 and electioneering communications will allow the
19 public to examine connections between such spend-
20 ing and official actions, and will therefore limit the
21 ability of lobbyists to exert an undue influence on
22 elected officials.
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1 TITLE I—REGULATION OF
2 CERTAIN POLITICAL SPENDING
3 SEC. 101. PROHIBITING INDEPENDENT EXPENDITURES AND
4 ELECTIONEERING COMMUNICATIONS BY
5 GOVERNMENT CONTRACTORS.
6 (a) PROHIBITION APPLICABLE TO GOVERNMENT

7 CONTRACTORS.—
8 (1) PROHIBITION.—
9 (A) IN GENERAL.—Section 317(a)(1) of
10 the Federal Election Campaign Act of 1971 (2
11 U.S.C. 441c(a)(1)) is amended by striking
12 ‘‘purpose or use; or’’ and inserting the fol-
13 lowing: ‘‘purpose or use, to make any inde-
14 pendent expenditure, or to disburse any funds
15 for an electioneering communication; or’’.
16 (B) CONFORMING AMENDMENT.—The
17 heading of section 317 of such Act (2 U.S.C.

18 441c) is amended by striking ‘‘CONTRIBU-
19 TIONS’’ and inserting ‘‘CONTRIBUTIONS, INDE-
20 PENDENT EXPENDITURES, AND ELECTION-
21 EERING COMMUNICATIONS’’.
22 (2) THRESHOLD FOR APPLICATION OF BAN.—
23 Section 317 of such Act (2 U.S.C. 441c) is amend-

24 ed—
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1 (A) by redesignating subsections (b) and
2 (c) as subsections (c) and (d); and
3 (B) by inserting after subsection (a) the
4 following new subsection:
5 ‘‘(b) To the extent that subsection (a)(1) prohibits
6 a person who enters into a contract described in such sub-
7 section from making any independent expenditure or dis-
8 bursing funds for an electioneering communication, such
9 subsection shall apply only if the value of the contract is
10 equal to or greater than $10,000,000.’’.
11 (b) APPLICATION TO RECIPIENTS OF ASSISTANCE
12 UNDER TROUBLED ASSET PROGRAM.—Section 317(a) of
13 such Act (2 U.S.C. 441c(a)) is amended—
14 (1) by striking ‘‘or’’ at the end of paragraph
15 (1);
16 (2) by redesignating paragraph (2) as para-
17 graph (3); and
18 (3) by inserting after paragraph (1) the fol-
19 lowing new paragraph:
20 ‘‘(2) who enters into negotiations for financial
21 assistance under title I of the Emergency Economic
22 Stabilization Act of 2008 (12 U.S.C. 5211 et seq.)
23 (relating to the purchase of troubled assets by the
24 Secretary of the Treasury), during the period—
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1 ‘‘(A) beginning on the later of the com-
2 mencement of the negotiations or the date of
3 the enactment of the Democracy is Strength-
4 ened by Casting Light on Spending in Elections
5 Act; and
6 ‘‘(B) ending with the later of the termi-
7 nation of such negotiations or the repayment of
8 such financial assistance;
9 directly or indirectly to make any contribution of
10 money or other things of value, or to promise ex-
11 pressly or impliedly to make any such contribution
12 to any political party, committee, or candidate for
13 public office or to any person for any political pur-
14 pose or use, to make any independent expenditure,
15 or to disburse any funds for an electioneering com-
16 munication; or’’.
17 (c) TECHNICAL AMENDMENT.—Section 317 of such
18 Act (2 U.S.C. 441c) is amended by striking ‘‘section 321’’
19 each place it appears and inserting ‘‘section 316’’.
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1 SEC. 102. APPLICATION OF BAN ON CONTRIBUTIONS AND
2 EXPENDITURES BY FOREIGN NATIONALS TO
3 FOREIGN-CONTROLLED DOMESTIC COR-
4 PORATIONS.
5 (a) APPLICATION OF BAN.—Section 319(b) of the

6 Federal Election Campaign Act of 1971 (2 U.S.C.
7 441e(b)) is amended—
8 (1) by striking ‘‘or’’ at the end of paragraph
9 (1);
10 (2) by striking the period at the end of para-
11 graph (2) and inserting ‘‘; or’’; and
12 (3) by adding at the end the following new
13 paragraph:
14 ‘‘(3) any corporation which is not a foreign na-
15 tional described in paragraph (1) and—
16 ‘‘(A) in which a foreign national described
17 in paragraph (1) or (2) directly or indirectly
18 owns or controls—
19 ‘‘(i) 5 percent or more of the voting
20 shares, if the foreign national is a foreign
21 country, a foreign government official, or a
22 corporation principally owned or controlled
23 by a foreign country or foreign government
24 official; or
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1 ‘‘(ii) 20 percent or more of the voting
2 shares, if the foreign national is not de-
3 scribed in clause (i);
4 ‘‘(B) in which two or more foreign nation-
5 als described in paragraph (1) or (2), each of
6 whom owns or controls at least 5 percent of the
7 voting shares, directly or indirectly own or con-
8 trol 50 percent or more of the voting shares;
9 ‘‘(C) with respect to which the majority of
10 the members of the board of directors are for-
11 eign nationals described in paragraph (1) or
12 (2);
13 ‘‘(D) over which one or more foreign na-
14 tionals described in paragraph (1) or (2) has
15 the power to direct, dictate, or control the deci-
16 sion-making process of the corporation with re-
17 spect to its interests in the United States; or
18 ‘‘(E) over which one or more foreign na-
19 tionals described in paragraph (1) or (2) has
20 the power to direct, dictate, or control the deci-
21 sion-making process of the corporation with re-
22 spect to activities in connection with a Federal,
23 State, or local election, including—
24 ‘‘(i) the making of a contribution, do-

25 nation, expenditure, independent expendi-
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1 ture, or disbursement for an electioneering
2 communication (within the meaning of sec-
3 tion 304(f)(3)); or
4 ‘‘(ii) the administration of a political
5 committee established or maintained by the
6 corporation.’’.
7 (b) CERTIFICATION OF COMPLIANCE.—Section 319
8 of such Act (2 U.S.C. 441e) is amended by adding at the
9 end the following new subsection:
10 ‘‘(c) CERTIFICATION OF COMPLIANCE REQUIRED
11 PRIOR TO CARRYING OUT ACTIVITY.—Prior to the mak-
12 ing in connection with an election for Federal office of any
13 contribution, donation, expenditure, independent expendi-
14 ture, or disbursement for an electioneering communication
15 by a corporation during a year, the chief executive officer
16 of the corporation (or, if the corporation does not have
17 a chief executive officer, the highest ranking official of the
18 corporation), shall file a certification with the Commission,
19 under penalty of perjury, that the corporation is not pro-
20 hibited from carrying out such activity under subsection
21 (b)(3), unless the chief executive officer has previously
22 filed such a certification during the year. Nothing in this
23 subsection shall be construed to apply to any contribution,
24 donation, expenditure, independent expenditure, or dis-

25 bursement from a separate segregated fund established
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1 and administered by a corporation under section
2 316(b)(2)(C).’’.
3 (c) NO EFFECT ON CERTAIN ACTIVITIES OF DOMES-
4 TIC CORPORATIONS.—Section 319 of such Act (2 U.S.C.
5 441e), as amended by subsection (b), is further amended
6 by adding at the end the following new subsection:
7 ‘‘(d) NO EFFECT ON CERTAIN ACTIVITIES OF DO-
8 MESTIC CORPORATIONS.—
9 ‘‘(1) SEPARATE SEGREGATED FUNDS.—Nothing
10 in this section shall be construed to prohibit any cor-

11 poration which is not a foreign national described in
12 paragraph (1) of subsection (b) from establishing,
13 administering, and soliciting contributions to a sepa-
14 rate segregated fund under section 316(b)(2)(C), so
15 long as none of the amounts in the fund are pro-
16 vided by any foreign national described in paragraph
17 (1) or (2) of subsection (b) and no foreign national
18 described in paragraph (1) or (2) of subsection (b)
19 has the power to direct, dictate, or control the estab-
20 lishment or administration of the fund.
21 ‘‘(2) STATE AND LOCAL ELECTIONS.—Nothing
22 in this section shall be construed to prohibit any cor-

23 poration which is not a foreign national described in
24 paragraph (1) of subsection (b) from making a con-

25 tribution or donation in connection with a State or
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1 local election to the extent permitted under State or
2 local law, so long as no foreign national described in
3 paragraph (1) or (2) of subsection (b) has the power
4 to direct, dictate, or control such contribution or do-
5 nation.
6 ‘‘(3) OTHER PERMISSIBLE CORPORATE CON-
7 TRIBUTIONS AND EXPENDITURES.—Nothing in this

8 section shall be construed to prohibit any corpora-
9 tion which is not a foreign national described in
10 paragraph (1) of subsection (b) from carrying out
11 any activity described in subparagraph (A) or (B) of
12 section 316(b)(2), so long as none of the amounts
13 used to carry out the activity are provided by any
14 foreign national described in paragraph (1) or (2) of
15 subsection (b) and no foreign national described in
16 paragraph (1) or (2) of subsection (b) has the power
17 to direct, dictate, or control such activity.’’.
18 (d) NO EFFECT ON OTHER LAWS.—Section 319 of
19 such Act (2 U.S.C. 441e), as amended by subsections (b)
20 and (c), is further amended by adding at the end the fol-
21 lowing new subsection:
22 ‘‘(e) NO EFFECT ON OTHER LAWS.—Nothing in this
23 section shall be construed to affect the determination of
24 whether a corporation is treated as a foreign national for

25 purposes of any law other than this Act.’’.
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1 SEC. 103. TREATMENT OF PAYMENTS FOR COORDINATED
2 COMMUNICATIONS AS CONTRIBUTIONS.
3 (a) IN GENERAL.—Section 301(8)(A) of the Federal

4 Election Campaign Act of 1971 (2 U.S.C. 431(8)(A)) is
5 amended—
6 (1) by striking ‘‘or’’ at the end of clause (i);
7 (2) by striking the period at the end of clause
8 (ii) and inserting ‘‘; or’’; and
10 clause:
11 ‘‘(iii) any payment made by any person
12 (other than a candidate, an authorized com-
13 mittee of a candidate, or a political committee
14 of a political party) for a coordinated commu-
15 nication (as determined under section 324).’’.
16 (b) COORDINATED COMMUNICATIONS DESCRIBED.—
17 Section 324 of such Act (2 U.S.C. 441k) is amended to
18 read as follows:
19 ‘‘SEC. 324. COORDINATED COMMUNICATIONS.
20 ‘‘(a) COORDINATED COMMUNICATIONS DEFINED.—

21 ‘‘(1) IN GENERAL.—For purposes of this Act,
22 the term ‘coordinated communication’ means—
23 ‘‘(A) a covered communication which, sub-
24 ject to subsection (c), is made in cooperation,
25 consultation, or concert with, or at the request

26 or suggestion of, a candidate, an authorized
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24
1 committee of a candidate, or a political com-
2 mittee of a political party; or
3 ‘‘(B) any communication that republishes,
4 disseminates, or distributes, in whole or in part,
5 any broadcast or any written, graphic, or other
6 form of campaign material prepared by a can-
7 didate, an authorized committee of a candidate,
8 or their agents.
9 ‘‘(2) EXCEPTION.—The term ‘coordinated com-
10 munication’ does not include—
11 ‘‘(A) a communication appearing in a news
12 story, commentary, or editorial distributed
13 through the facilities of any broadcasting sta-
14 tion, newspaper, magazine, or other periodical
15 publication, unless such facilities are owned or
16 controlled by any political party, political com-
17 mittee, or candidate; or
18 ‘‘(B) a communication which constitutes a
19 candidate debate or forum conducted pursuant
20 to the regulations adopted by the Commission
21 to carry out section 304(f)(3)(B)(iii), or which
22 solely promotes such a debate or forum and is
23 made by or on behalf of the person sponsoring
24 the debate or forum.

25 ‘‘(b) COVERED COMMUNICATION DEFINED.—
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1 ‘‘(1) IN GENERAL.—Except as provided in para-
2 graph (4), for purposes of this subsection, the term
3 ‘covered communication’ means, for purposes of the
4 applicable election period described in paragraph (2)
5 and with respect to the coordinated communication
6 involved, a public communication (as defined in sec-
7 tion 301(22)) that refers to the candidate described
8 in subsection (a)(1)(A) or an opponent of such can-
9 didate and is publicly distributed or publicly dissemi-
10 nated during such period.
11 ‘‘(2) APPLICABLE ELECTION PERIOD.—For
12 purposes of paragraph (1), the ‘applicable election

13 period’ with respect to a communication means—
14 ‘‘(A) in the case of a communication which
15 refers to a candidate for the office of President
16 or Vice President, the period—
17 ‘‘(i) beginning with the date that is
18 120 days before the date of the first pri-
19 mary election, preference election, or nomi-
20 nating convention for nomination for the
21 office of President which is held in any
22 State; and
23 ‘‘(ii) ending with the date of the gen-
24 eral election for such office; or
•S 3628 PCS
26
1 ‘‘(B) in the case of a communication which
2 refers to a candidate for any other Federal of-
3 fice, the period—
4 ‘‘(i) beginning with the date that is 90
5 days before the earliest of the primary
6 election, preference election, or nominating
7 convention with respect to the nomination
8 for the office that the candidate is seeking;
9 and
10 ‘‘(ii) ending with the date of the gen-
11 eral election for such office.
12 ‘‘(3) SPECIAL RULE FOR PUBLIC DISTRIBUTION
13 OF COMMUNICATIONS INVOLVING CONGRESSIONAL
14 CANDIDATES.—For purposes of paragraph (1), in

15 the case of a communication involving a candidate
16 for an office other than President or Vice President,
17 the communication shall be considered to be publicly
18 distributed or publicly disseminated only if the dis-
19 semination or distribution occurs in the jurisdiction
20 of the office that the candidate is seeking.
21 ‘‘(c) NO FINDING OF COORDINATION BASED SOLELY
22 ON SHARING OF INFORMATION REGARDING LEGISLATIVE
23 OR POLICY POSITION.—For purposes of subsection (a)(1),
24 a covered communication shall not be considered to be

25 made in cooperation, consultation, or concert with, or at
•S 3628 PCS
27
1 the request or suggestion of, a candidate, an authorized
2 committee of a candidate, or a political committee of a
3 political party solely on the grounds that a person or an
4 agent thereof engaged in discussions with to the candidate
5 or committee regarding that person’s position on a legisla-
6 tive or policy matter (including urging the candidate or
7 party to adopt that person’s position), so long as there
8 is no discussion between the person and the candidate or
9 committee regarding the candidate’s campaign plans,
10 projects, activities, or needs.
11 ‘‘(d) PRESERVATION OF CERTAIN SAFE HARBORS
12 AND FIREWALLS.—Nothing in this section may be con-
13 strued to affect section 109.21(g) or (h) of title 11, Code
14 of Federal Regulations, as in effect on the date of the en-
15 actment of the Democracy is Strengthened by Casting
16 Light on Spending in Elections Act.
17 ‘‘(e) TREATMENT OF COORDINATION WITH POLIT-
18 ICAL PARTIES FOR COMMUNICATIONS REFERRING TO
19 CANDIDATES.—For purposes of this section, if a commu-

20 nication which refers to any clearly identified candidate
21 or candidates of a political party or any opponent of such
22 a candidate or candidates is determined to have been made
23 in cooperation, consultation, or concert with or at the re-
24 quest or suggestion of a political committee of the political

25 party but not in cooperation, consultation, or concert with
•S 3628 PCS
28
1 or at the request or suggestion of such clearly identified
2 candidate or candidates, the communication shall be treat-
3 ed as having been made in cooperation, consultation, or
4 concert with or at the request or suggestion of the political
5 committee of the political party but not with or at the
6 request or suggestion of such clearly identified candidate
7 or candidates.’’.
8 (c) EFFECTIVE DATE.—
9 (1) IN GENERAL.—This section and the amend-
10 ments made by this section shall apply with respect
11 to payments made on or after the expiration of the
12 30-day period which begins on the date of the enact-
13 ment of this Act, without regard to whether or not
14 the Federal Election Commission has promulgated
15 regulations to carry out such amendments.
16 (2) TRANSITION RULE FOR ACTIONS TAKEN
17 PRIOR TO ENACTMENT.—No person shall be consid-

18 ered to have made a payment for a coordinated com-
19 munication under section 324 of the Federal Elec-
20 tion Campaign Act of 1971 (as amended by sub-
21 section (b)) by reason of any action taken by the
22 person prior to the date of the enactment of this
23 Act. Nothing in the previous sentence shall be con-
24 strued to affect any determination under any other

25 provision of such Act which is in effect on the date
•S 3628 PCS
29
1 of the enactment of this Act regarding whether a
2 communication is made in cooperation, consultation,
3 or concert with, or at the request or suggestion of,
4 a candidate, an authorized committee of a candidate,
5 or a political committee of a political party.
6 SEC. 104. TREATMENT OF POLITICAL PARTY COMMUNICA-
7 TIONS MADE ON BEHALF OF CANDIDATES.
8 (a) TREATMENT OF PAYMENT FOR PUBLIC COMMU-

9 NICATION AS CONTRIBUTION IF MADE UNDER CONTROL
10 OR DIRECTION OF CANDIDATE.—Section 301(8)(A) of the
11 Federal Election Campaign Act of 1971 (2 U.S.C.
12 431(8)(A)), as amended by section 103(a), is amended—
13 (1) by striking ‘‘or’’ at the end of clause (ii);
14 (2) by striking the period at the end of clause
15 (iii) and inserting ‘‘; or’’; and
17 clause:
18 ‘‘(iv) any payment by a political committee
19 of a political party for the direct costs of a pub-
20 lic communication (as defined in paragraph
21 (22)) made on behalf of a candidate for Federal
22 office who is affiliated with such party, but only
23 if the communication is controlled by, or made
24 at the direction of, the candidate or an author-

25 ized committee of the candidate.’’.
•S 3628 PCS
30
1 (b) REQUIRING CONTROL OR DIRECTION BY CAN-
2 DIDATE FOR TREATMENT AS COORDINATED PARTY EX-
3 PENDITURE.—
4 (1) IN GENERAL.—Paragraph (4) of section

5 315(d) of such Act (2 U.S.C. 441a(d)) is amended
6 to read as follows:
7 ‘‘(4) SPECIAL RULE FOR DIRECT COSTS OF COMMU-
8 NICATIONS.—The direct costs incurred by a political com-
9 mittee of a political party for a communication made in
10 connection with the campaign of a candidate for Federal
11 office shall not be subject to the limitations contained in
12 paragraphs (2) and (3) unless the communication is con-
13 trolled by, or made at the direction of, the candidate or
14 an authorized committee of the candidate.’’.
15 (2) CONFORMING AMENDMENT.—Paragraph (1)
16 of section 315(d) of such Act (2 U.S.C. 441a(d)) is
17 amended by striking ‘‘paragraphs (2), (3), and (4)’’
18 and inserting ‘‘paragraphs (2) and (3)’’.
19 (c) EFFECTIVE DATE.—This section and the amend-
20 ments made by this section shall apply with respect to pay-
21 ments made on or after the expiration of the 30-day period
22 which begins on the date of the enactment of this Act,
23 without regard to whether or not the Federal Election
24 Commission has promulgated regulations to carry out

25 such amendments.
•S 3628 PCS
31
1 SEC. 105. RESTRICTION ON INTERNET COMMUNICATIONS
2 TREATED AS PUBLIC COMMUNICATIONS.
3 (a) IN GENERAL.—Section 301(22) of the Federal

4 Election Campaign Act of 1971 (2 U.S.C. 431(22)) is
5 amended by adding at the end the following new sentence:
6 ‘‘A communication which is disseminated through the
7 Internet shall not be treated as a form of general public
8 political advertising under this paragraph unless the com-
9 munication was placed for a fee on another person’s Web
10 site.’’.
11 (b) EFFECTIVE DATE.—The amendment made by
12 subsection (a) shall take effect on the date of the enact-
13 ment of this Act.
14 TITLE II—PROMOTING EFFEC-
15 TIVE DISCLOSURE OF CAM-
16 PAIGN-RELATED ACTIVITY
17 Subtitle A—Treatment of Inde-
18 pendent Expenditures and Elec-
19 tioneering Communications
20 Made by All Persons
21 SEC. 201. INDEPENDENT EXPENDITURES.
22 (a) REVISION OF DEFINITION.—Subparagraph (A) of

23 section 301(17) of the Federal Election Campaign Act of
24 1971 (2 U.S.C. 431(17)) is amended to read as follows:
25 ‘‘(A) that, when taken as a whole, ex-

26 pressly advocates the election or defeat of a
•S 3628 PCS
32
1 clearly identified candidate, or is the functional
2 equivalent of express advocacy because it can be
3 interpreted by a reasonable person only as ad-
4 vocating the election or defeat of a candidate,
5 taking into account whether the communication
6 involved mentions a candidacy, a political party,
7 or a challenger to a candidate, or takes a posi-
8 tion on a candidate’s character, qualifications,
9 or fitness for office; and’’.
10 (b) UNIFORM 24-HOUR REPORTING FOR PERSONS
11 MAKING INDEPENDENT EXPENDITURES EXCEEDING
12 $10,000 AT ANY TIME.—Section 304(g) of such Act (2
13 U.S.C. 434(g)) is amended by striking paragraphs (1) and
14 (2) and inserting the following:
15 ‘‘(1) INDEPENDENT EXPENDITURES EXCEED-
16 ING THRESHOLD AMOUNT.—
17 ‘‘(A) INITIAL REPORT.—A person (includ-

18 ing a political committee) that makes or con-
19 tracts to make independent expenditures in an
20 aggregate amount equal to or greater than the
21 threshold amount described in subparagraph
22 (C) shall electronically file a report describing
23 the expenditures within 24 hours.
24 ‘‘(B) ADDITIONAL REPORTS.—After a per-

25 son files a report under subparagraph (A), the
•S 3628 PCS
33
1 person shall electronically file an additional re-
2 port within 24 hours after each time the person
3 makes or contracts to make independent ex-
4 penditures in an aggregate amount equal to or
5 greater than the threshold amount with respect
6 to the same election as that to which the initial
7 report relates.
8 ‘‘(C) THRESHOLD AMOUNT DESCRIBED.—
9 In this paragraph, the ‘threshold amount’

10 means—
11 ‘‘(i) during the period up to and in-
12 cluding the 20th day before the date of an
13 election, $10,000; or
14 ‘‘(ii) during the period after the 20th
15 day, but more than 24 hours, before the
16 date of an election, $1,000.
17 ‘‘(2) PUBLIC AVAILABILITY.—Notwithstanding
18 any other provision of this section, the Commission

19 shall ensure that the information required to be dis-
20 closed under this subsection is publicly available
21 through the Commission website not later than 24
22 hours after receipt in a manner that is downloadable
23 in bulk and machine readable.’’.
24 (c) EFFECTIVE DATE.—
•S 3628 PCS
34
1 (1) IN GENERAL.—The amendment made by
2 subsection (a) shall apply with respect to contribu-
3 tions and expenditures made on or after the expira-
4 tion of the 30-day period which begins on the date
5 of the enactment of this Act, without regard to
6 whether or not the Federal Election Commission has
7 promulgated regulations to carry out such amend-
8 ments.
9 (2) REPORTING REQUIREMENTS.—The amend-
10 ment made by subsection (b) shall apply with re-
11 spect to reports required to be filed after the date
12 of the enactment of this Act.
13 SEC. 202. ELECTIONEERING COMMUNICATIONS.
14 (a) EXPANSION OF PERIOD COVERING GENERAL

15 ELECTION.—Section 304(f)(3)(A)(i)(II)(aa) of the Fed-
16 eral Election Campaign Act of 1971 (2 U.S.C.
17 434(f)(3)(A)(i)(II)(aa)) is amended by striking ‘‘60 days’’
18 and inserting ‘‘120 days’’.
19 (b) EFFECTIVE DATE; TRANSITION FOR COMMU-
20 NICATIONS MADE PRIOR TO ENACTMENT.—The amend-
21 ment made by subsection (a) shall apply with respect to
22 communications made on or after the date of the enact-
23 ment of this Act, without regard to whether or not the
24 Federal Election Commission has promulgated regulations

25 to carry out such amendments, except that no communica-
•S 3628 PCS
35
1 tion which is made prior to the date of the enactment of
2 this Act shall be treated as an electioneering communica-
3 tion under section 304(f)(3)(A)(i)(II) of the Federal Elec-
4 tion Campaign Act of 1971 (as amended by subsection
5 (a)) unless the communication would be treated as an elec-
6 tioneering communication under such section if the
7 amendment made by subsection (a) did not apply.
8 SEC. 203. MANDATORY ELECTRONIC FILING BY PERSONS
9 MAKING INDEPENDENT EXPENDITURES OR
10 ELECTIONEERING COMMUNICATIONS EX-
11 CEEDING $10,000 AT ANY TIME.
12 Section 304(d)(1) of the Federal Election Campaign

13 Act of 1971 (2 U.S.C. 434(d)(1)) is amended—
14 (1) by striking ‘‘or (g)’’; and
15 (2) by adding at the end the following: ‘‘Not-
16 withstanding any other provision of this section, any
17 person who is required to file a statement under
18 subsection (f) or subsection (g) shall file the state-
19 ment in electronic form accessible by computers, in
20 a manner which ensures that the information pro-
21 vided is searchable, sortable, and downloadable.’’.
•S 3628 PCS
36
1 Subtitle B—Expanded Require-
2 ments for Corporations and
3 Other Organizations
4 SEC. 211. ADDITIONAL INFORMATION REQUIRED TO BE IN-
5 CLUDED IN REPORTS ON DISBURSEMENTS BY
6 COVERED ORGANIZATIONS.
7 (a) INDEPENDENT EXPENDITURE REPORTS.—Sec-

8 tion 304(g) of the Federal Election Campaign Act of 1971
9 (2 U.S.C. 434(g)) is amended by adding at the end the
10 following new paragraph:
11 ‘‘(5) DISCLOSURE OF ADDITIONAL INFORMA-
12 TION BY COVERED ORGANIZATIONS MAKING PAY-
13 MENTS FOR PUBLIC INDEPENDENT EXPENDI-
14 TURES.—
15 ‘‘(A) ADDITIONAL INFORMATION.—If a

16 covered organization makes or contracts to
17 make public independent expenditures in an ag-
18 gregate amount equal to or exceeding $10,000
19 in a calendar year, the report filed by the orga-
20 nization under this subsection shall include, in
21 addition to the information required under
22 paragraph (3), the following information (sub-
23 ject to subparagraph (B)(iv)):
24 ‘‘(i) If any person made a donation or

25 payment to the covered organization dur-
•S 3628 PCS
37
1 ing the covered organization reporting pe-
2 riod which was provided for the purpose of
3 being used for campaign-related activity or
4 in response to a solicitation for funds to be
5 used for campaign-related activity—
6 ‘‘(I) subject to subparagraph (C),
7 the identification of each person who
8 made such donations or payments in
9 an aggregate amount equal to or ex-
10 ceeding $600 during such period, pre-
11 sented in the order of the aggregate
12 amount of donations or payments
13 made by such persons during such pe-
14 riod (with the identification of the
15 person making the largest donation or
16 payment appearing first); and
17 ‘‘(II) if any person identified
18 under subclause (I) designated that
19 the donation or payment be used for
20 campaign-related activity with respect
21 to a specific election or in support of
22 a specific candidate, the name of the
23 election or candidate involved, and if
24 any such person designated that the

25 donation or payment be used for a
•S 3628 PCS
38
1 specific public independent expendi-
2 ture, a description of the expenditure.
3 ‘‘(ii) The identification of each person
4 who made unrestricted donor payments to
5 the organization during the covered organi-
6 zation reporting period—
7 ‘‘(I) in an aggregate amount
8 equal to or exceeding $600 during
9 such period, if any of the disburse-
10 ments made by the organization for
11 any of the public independent expendi-
12 tures which are covered by the report
13 were not made from the organization’s
14 Campaign-Related Activity Account
15 under section 326; or
16 ‘‘(II) in an aggregate amount
17 equal to or exceeding $6,000 during
18 such period, if the disbursements
19 made by the organization for all of
20 the public independent expenditures
21 which are covered by the report were
22 made exclusively from the organiza-
23 tion’s Campaign-Related Activity Ac-
24 count under section 326 (but only if

25 the organization has made deposits
•S 3628 PCS
39
1 described in subparagraph (D) of sec-
2 tion 326(a)(2) into that Account dur-
3 ing such period in an aggregate
4 amount equal to or greater than
5 $10,000),
6 presented in the order of the aggregate
7 amount of payments made by such persons
8 during such period (with the identification
9 of the person making the largest payment
10 appearing first).
11 ‘‘(B) TREATMENT OF TRANSFERS MADE
12 TO OTHER PERSONS.—
13 ‘‘(i) IN GENERAL.—Subject to clause

14 (iii), for purposes of the requirement to file
15 reports under this subsection (including
16 the requirement under subparagraph (A)
17 to include additional information in such
18 reports), a covered organization which
19 transfers amounts to another person (other
20 than the covered organization itself) for
21 the purpose of making a public inde-
22 pendent expenditure by that person or by
23 any other person, or (in accordance with
24 clause (ii)) which is deemed to have trans-

25 ferred amounts to another person (other
•S 3628 PCS
40
2 the purpose of making a public inde-
3 pendent expenditure by that person or by
4 any other person, shall be considered to
5 have made a public independent expendi-
6 ture.
7 ‘‘(ii) RULES FOR DEEMING TRANS-
8 FERS MADE FOR PURPOSE OF MAKING EX-
9 PENDITURES.—For purposes of clause (i),

10 in determining whether a covered organiza-
11 tion which transfers amounts to another
12 person shall be deemed to have transferred
13 the amounts for the purpose of making a
14 public independent expenditure, the fol-
15 lowing rules apply:
16 ‘‘(I) The covered organization
17 shall be deemed to have transferred
18 the amounts for the purpose of mak-
19 ing a public independent expenditure
20 if—
21 ‘‘(aa) the covered organiza-
22 tion designates, requests, or sug-
23 gests that the amounts be used
24 for public independent expendi-

25 tures and the person to whom
•S 3628 PCS
41
1 the amounts were transferred
2 agrees to do so;
3 ‘‘(bb) the person making the
4 public independent expenditure
5 or another person acting on that
6 person’s behalf expressly solicited
7 the covered organization for a do-
8 nation or payment for making or
9 paying for any public inde-
10 pendent expenditures;
11 ‘‘(cc) the covered organiza-
12 tion and the person to whom the
13 amounts were transferred en-
14 gaged in written or oral discus-
15 sion regarding the person either
16 making, or paying for, any public
17 independent expenditure, or do-
18 nating or transferring the
19 amounts to another person for
20 that purpose;
21 ‘‘(dd) the covered organiza-
22 tion which transferred the funds
23 knew or had reason to know that
24 the person to whom the amounts

25 were transferred intended to
•S 3628 PCS
42
1 make public independent expendi-
2 tures; or
3 ‘‘(ee) the covered organiza-
5 or the person to whom the
6 amounts were transferred made
7 one or more public independent
8 expenditures in an aggregate
9 amount of $50,000 or more dur-
10 ing the 2-year period which ends
11 on the date on which the
12 amounts were transferred.
13 ‘‘(II) The covered organization
14 shall not be deemed to have trans-
15 ferred the amounts for the purpose of
16 making a public independent expendi-
17 ture if—
18 ‘‘(aa) the transfer was a
19 commercial transaction occurring
20 in the ordinary course of business
21 between the covered organization
22 and the person to whom the
23 amounts were transferred, unless
24 there is affirmative evidence that

25 the amounts were transferred for
•S 3628 PCS
43
1 the purpose of making a public
2 independent expenditure; or
3 ‘‘(bb) the covered organiza-
5 amounts were transferred mutu-
6 ally agreed (as provided in sec-
7 tion 325(b)(1)) that the person
8 will not use the amounts for cam-
9 paign-related activity.
10 ‘‘(iii) SPECIAL RULE REGARDING
11 TRANSFERS AMONG AFFILIATES.—
12 ‘‘(I) SPECIAL RULE.—
13 ‘‘(aa) IN GENERAL.—Clause
14 (i) and (ii) shall not apply in the

15 case of an amount transferred by
16 one covered organization to an-
17 other covered organization which
18 is treated as a transfer between
19 affiliates under subclause (II).
20 ‘‘(bb) REPORTING BY
21 TRANSFEREE.—In the case of

22 any such transfer or transfers be-
23 tween affiliates in an aggregate

25 $50,000 in a calendar year, any
•S 3628 PCS
44
1 report filed under subparagraph
2 (A) by the covered organization
3 that receives the transferred
4 funds shall include the informa-
5 tion required under that subpara-
6 graph relating to donations or
7 payments made—
8 ‘‘(AA) to the affiliate
9 which transferred the funds
10 where such donations or
11 payments were made to the
12 affiliate in the 12-month pe-
13 riod prior to the transfer,
14 and
15 ‘‘(BB) to any affiliate
16 which transferred an aggre-
17 gate amount equal to or
18 greater than $50,000 to any
19 affiliate described in subitem
20 (AA) in the 12-month period
21 prior to the transfer.
22 ‘‘(II) DESCRIPTION OF TRANS-
23 FERS BETWEEN AFFILIATES.—A

24 transfer of amounts from one covered

25 organization to another covered orga-
•S 3628 PCS
45
1 nization shall be treated as a transfer
2 between affiliates if—
3 ‘‘(aa) one of the organiza-
4 tions is an affiliate of the other
5 organization; or
6 ‘‘(bb) each of the organiza-
7 tions is an affiliate of the same
8 organization,
9 except that the transfer shall not be
10 treated as a transfer between affiliates
11 if one of the organizations is estab-
12 lished for the purpose of disbursing
13 funds for campaign-related activity.
14 ‘‘(III) DETERMINATION OF AF-
15 FILIATE STATUS.—For purposes of

16 subclause (II), the following covered
17 organizations are considered to be af-
18 filiates of each other—
19 ‘‘(aa) a membership organi-
20 zation (including trade or profes-
21 sional associations) and the re-
22 lated State and local entities of
23 that organization or group;
24 ‘‘(bb) a national or inter-

25 national labor organization and
•S 3628 PCS
46
1 its local unions, or an organiza-
2 tion of national or international
3 unions and its State and local
4 central bodies.
5 ‘‘(cc) a corporation and its
6 wholly owned subsidiaries.
7 ‘‘(IV) COVERAGE OF TRANSFERS
8 TO AFFILIATED SECTION 501(C)(3) OR-
9 GANIZATIONS.—This clause shall

10 apply with respect to an amount
11 transferred by a covered organization
12 to an organization described in para-
13 graph (3) of section 501(c) of the In-
14 ternal Revenue Code of 1986 and ex-
15 empt from tax under section 501(a) of
16 such Code in the same manner as this
17 clause applies to an amount trans-
18 ferred by a covered organization to
19 another covered organization.
20 ‘‘(iv) SPECIAL THRESHOLD FOR DIS-
21 CLOSURE OF DONORS.—Notwithstanding
22 clause (i) or (ii) of subparagraph (A), if a

23 covered organization is required to include
24 the identification of a person described in

25 such clause in a report filed under this
•S 3628 PCS
47
1 subsection because the covered organiza-
2 tion is deemed (in accordance with clause
3 (ii)) to have transferred amounts for the
4 purpose of making a public independent
5 expenditure or because clause (iii)(I)(bb)
6 applies to such covered organization, the
7 organization shall include the identification
8 of the person only if the person made do-
9 nations or payments (in the case of a per-
10 son described in clause (i)(I) of subpara-
11 graph (A)) or unrestricted donor payments
12 (in the case of a person described in clause
13 (ii) of subparagraph (A)) to the covered or-
14 ganization during the covered organization
15 reporting period involved in an aggregate
16 amount equal to or exceeding $10,000.
17 ‘‘(C) EXCLUSION OF AMOUNTS DES-
18 IGNATED FOR OTHER CAMPAIGN-RELATED AC-
19 TIVITY.—For purposes of subparagraph (A)(i),

20 in determining the amount of a donation or
21 payment made by a person which was provided
22 for the purpose of being used for campaign-re-
23 lated activity or in response to a solicitation for
24 funds to be used for campaign-related activity,
•S 3628 PCS
48
1 there shall be excluded any amount which was
2 designated by the person to be used—
3 ‘‘(i) for campaign-related activity de-
4 scribed in clause (i) of section
5 325(d)(2)(A) (relating to independent ex-
6 penditures) with respect to a different elec-
7 tion, or with respect to a candidate in a
8 different election, than an election which is
9 the subject of any of the public inde-
10 pendent expenditures covered by the report
11 involved; or
12 ‘‘(ii) for any campaign-related activity
13 described in clause (ii) of section
14 325(d)(2)(A) (relating to electioneering
15 communications).
16 ‘‘(D) EXCLUSION OF AMOUNTS PAID FROM
17 SEPARATE SEGREGATED FUND.—In deter-

18 mining the amount of public independent ex-
19 penditures made by a covered organization for
20 purposes of this paragraph, there shall be ex-
21 cluded any amounts paid from a separate seg-
22 regated fund established and administered by
23 the organization under section 316(b)(2)(C).
24 ‘‘(E) COVERED ORGANIZATION REPORTING
25 PERIOD DESCRIBED.—In this paragraph, the
•S 3628 PCS
49
1 ‘covered organization reporting period’ is, with
2 respect to a report filed by a covered organiza-
3 tion under this subsection—
4 ‘‘(i) in the case of the first report filed
5 by a covered organization under this sub-
6 section which includes information required
7 under this paragraph, the shorter of—
8 ‘‘(I) the period which begins on
9 the effective date of the Democracy is
10 Strengthened by Casting Light on
11 Spending in Elections Act and ends
12 on the last day covered by the report,
13 or
14 ‘‘(II) the 12-month period ending
15 on the last day covered by the report;
16 and
17 ‘‘(ii) in the case of any subsequent re-
18 port filed by a covered organization under
19 this subsection which includes information
20 required under this paragraph, the period
21 occurring since the most recent report filed
22 by the organization which includes such in-
23 formation.
•S 3628 PCS
50
1 ‘‘(F) COVERED ORGANIZATION DEFINED.—
2 In this paragraph, the term ‘covered organiza-

3 tion’ means any of the following:
4 ‘‘(i) Any corporation which is subject
5 to section 316(a), other than a corporation
6 which is an organization described in para-
7 graph (3) of section 501(c) of the Internal
8 Revenue Code of 1986 and exempt from
9 tax under section 501(a) of such Code.
10 ‘‘(ii) Any labor organization (as de-
11 fined in section 316).
12 ‘‘(iii) Any organization described in
13 paragraph (4), (5), or (6) of section 501(c)
14 of the Internal Revenue Code of 1986 and
15 exempt from tax under section 501(a) of
16 such Code, other than an exempt section
17 501(c)(4) organization (as defined in sec-
18 tion 301(27)).
19 ‘‘(iv) Any political organization under
20 section 527 of the Internal Revenue Code
21 of 1986, other than a political committee
22 under this Act.
23 ‘‘(G) OTHER DEFINITIONS.—In this para-
24 graph—
•S 3628 PCS
51
1 ‘‘(i) the terms ‘campaign-related activ-
2 ity’ and ‘unrestricted donor payment’ have
3 the meaning given such terms in section
4 325; and
5 ‘‘(ii) the term ‘public independent ex-
6 penditure’ means an independent expendi-
7 ture for a public communication (as de-
8 fined in section 301(22)).’’.
9 (b) ELECTIONEERING COMMUNICATION REPORTS.—
10 (1) IN GENERAL.—Section 304(f) of such Act
11 (2 U.S.C. 434(f)) is amended—
12 (A) by redesignating paragraphs (6) and
13 (7) as paragraphs (7) and (8); and
14 (B) by inserting after paragraph (5) the
15 following new paragraph:
16 ‘‘(6) DISCLOSURE OF ADDITIONAL INFORMA-
17 TION BY COVERED ORGANIZATIONS.—
18 ‘‘(A) ADDITIONAL INFORMATION.—If a

19 covered organization files a statement under
20 this subsection, the statement shall include, in
21 addition to the information required under
22 paragraph (2), the following information (sub-
23 ject to subparagraph (B)(iv)):
24 ‘‘(i) If any person made a donation or

25 payment to the covered organization dur-
•S 3628 PCS
52
1 ing the covered organization reporting pe-
2 riod which was provided for the purpose of
3 being used for campaign-related activity or
4 in response to a solicitation for funds to be
5 used for campaign-related activity—
6 ‘‘(I) subject to subparagraph (C),
7 the identification of each person who
8 made such donations or payments in
9 an aggregate amount equal to or ex-
10 ceeding $1,000 during such period,
11 presented in the order of the aggre-
12 gate amount of donations or payments
13 made by such persons during such pe-
14 riod (with the identification of the
15 person making the largest donation or
16 payment appearing first); and
17 ‘‘(II) if any person identified
18 under subclause (I) designated that
19 the donation or payment be used for
20 campaign-related activity with respect
21 to a specific election or in support of
22 a specific candidate, the name of the
23 election or candidate involved, and if
24 any such person designated that the

25 donation or payment be used for a
•S 3628 PCS
53
1 specific electioneering communication,
2 a description of the communication.
3 ‘‘(ii) The identification of each person
4 who made unrestricted donor payments to
5 the organization during the covered organi-
6 zation reporting period—
7 ‘‘(I) in an aggregate amount
9 such period, if the organization made
10 any of the disbursements which are
11 described in subclause (II) from a
12 source other than the organization’s
13 Campaign-Related Activity Account
14 under section 326; or
15 ‘‘(II) in an aggregate amount
17 such period, if the organization made
18 from its Campaign-Related Activity
19 Account under section 326 all of its
20 disbursements for electioneering com-
21 munications during such period which
22 are, on the basis of a reasonable belief
23 by the organization, subject to treat-
24 ment as disbursements for an exempt

25 function for purposes of section 527(f)
•S 3628 PCS
54
1 of the Internal Revenue Code of 1986
2 (but only if the organization has made
3 deposits described in subparagraph
4 (D) of section 326(a)(2) into that Ac-
5 count during such period in an aggre-
6 gate amount equal to or greater than
7 $10,000),
8 presented in the order of the aggregate
9 amount of payments made by such persons
10 during such period (with the identification
11 of the person making the largest payment
12 appearing first).
13 ‘‘(B) TREATMENT OF TRANSFERS MADE
14 TO OTHER PERSONS.—
15 ‘‘(i) IN GENERAL.—Subject to clause

16 (iii), for purposes of the requirement to file
17 statements under this subsection (including
18 the requirement under subparagraph (A)
19 to include additional information in such
20 statements), a covered organization which
21 transfers amounts to another person (other
23 the purpose of making an electioneering
24 communication by that person or by any

25 other person, or (in accordance with clause
•S 3628 PCS
55
1 (ii)) which is deemed to have transferred
2 amounts to another person (other than the
3 covered organization itself) for the purpose
4 of making an electioneering communication
5 by that person or by any other person,
6 shall be considered to have made a dis-
7 bursement for an electioneering commu-
8 nication.
9 ‘‘(ii) RULES FOR DEEMING TRANS-
10 FERS MADE FOR PURPOSE OF MAKING
11 COMMUNICATIONS.—For purposes of
12 clause (i), in determining whether a cov-
13 ered organization which transfers amounts
14 to another person shall be deemed to have
15 transferred the amounts for the purpose of
16 making an electioneering communication,
17 the following rules apply:
18 ‘‘(I) The covered organization
19 shall be deemed to have transferred
20 the amounts for the purpose of mak-
21 ing an electioneering communication
22 if—
23 ‘‘(aa) the covered organiza-
24 tion designates, requests, or sug-

25 gests that the amounts be used
•S 3628 PCS
56
1 for electioneering communica-
2 tions and the person to whom the
3 amounts were transferred agrees
4 to do so;
5 ‘‘(bb) the person making the
6 electioneering communication or
7 another person acting on that
8 person’s behalf expressly solicited
9 the covered organization for a do-
10 nation or payment for making or
11 paying for any electioneering
12 communications;
13 ‘‘(cc) the covered organiza-
15 amounts were transferred en-
16 gaged in written or oral discus-
17 sion regarding the person either
18 making, or paying for, any elec-
19 tioneering communication, or do-
20 nating or transferring the
21 amounts to another person for
22 that purpose;
23 ‘‘(dd) the covered organiza-

25 knew or had reason to know that
•S 3628 PCS
57
1 the person to whom the amounts
2 were transferred intended to
3 make electioneering communica-
4 tions; or
5 ‘‘(ee) the covered organiza-
7 or the person to whom the
8 amounts were transferred made
9 one or more electioneering com-
10 munications in an aggregate
11 amount of $50,000 or more dur-
12 ing the 2-year period which ends
13 on the date on which the
14 amounts were transferred.
15 ‘‘(II) The covered organization
16 shall not be deemed to have trans-
17 ferred the amounts for the purpose of
18 making an electioneering communica-
19 tion if—
20 ‘‘(aa) the transfer was a
21 commercial transaction occurring
22 in the ordinary course of business
23 between the covered organization
24 and the person to whom the

25 amounts were transferred, unless
•S 3628 PCS
58
1 there is affirmative evidence that
2 the amounts were transferred for
3 the purpose of making an elec-
4 tioneering communication; or
5 ‘‘(bb) the covered organiza-
7 amounts were transferred mutu-
8 ally agreed (as provided in sec-
9 tion 325(b)(1)) that the person
10 will not use the amounts for cam-
11 paign-related activity.
12 ‘‘(iii) SPECIAL RULE REGARDING
13 TRANSFERS AMONG AFFILIATES.—
14 ‘‘(I) SPECIAL RULE.—
15 ‘‘(aa) IN GENERAL.—Clause
16 (i) and (ii) shall not apply in the

17 case of an amount transferred by
18 one covered organization to an-
19 other covered organization which
20 is treated as a transfer between
21 affiliates under subclause (II).
22 ‘‘(bb) REPORTING BY
23 TRANSFEREE.—In the case of

24 any such transfer or transfers be-

25 tween affiliates in an aggregate
•S 3628 PCS
59
2 $50,000 in a calendar year, any
3 report filed under subparagraph
4 (A) by the covered organization
5 that receives the transferred
6 funds shall include the informa-
7 tion required under that subpara-
8 graph relating to donations or
9 payments made—
10 ‘‘(AA) to the affiliate
11 which transferred the funds
12 where such donations or
13 payments were made to the
14 affiliate in the 12-month pe-
15 riod prior to the transfer,
16 and
17 ‘‘(BB) to any affiliate
18 which transferred an aggre-
19 gate amount equal to or
20 greater than $50,000 to any
21 affiliate described in subitem
22 (AA) in the 12-month period
23 prior to the transfer.
24 ‘‘(II) DESCRIPTION OF TRANS-
25 FERS BETWEEN AFFILIATES.—A
•S 3628 PCS
60
1 transfer of amounts from one covered
2 organization to another covered orga-
3 nization shall be treated as a transfer
4 between affiliates if—
5 ‘‘(aa) one of the organiza-
6 tions is an affiliate of the other
7 organization; or
8 ‘‘(bb) each of the organiza-
9 tions is an affiliate of the same
10 organization,
11 except that the transfer shall not be
12 treated as a transfer between affiliates
13 if one of the organizations is estab-
14 lished for the purpose of disbursing
15 funds for campaign-related activity.
16 ‘‘(III) DETERMINATION OF AF-
17 FILIATE STATUS.—For purposes of

18 subclause (II), the following covered
19 organizations are considered to be af-
20 filiates of each other—
21 ‘‘(aa) a membership organi-
22 zation (including trade or profes-
23 sional associations) and the re-
24 lated State and local entities of

25 that organization or group;
•S 3628 PCS
61
1 ‘‘(bb) a national or inter-
2 national labor organization and
3 its local unions, or an organiza-
4 tion of national or international
5 unions and its State and local
6 central bodies.
7 ‘‘(cc) a corporation and its
8 wholly owned subsidiaries.
9 ‘‘(IV) COVERAGE OF TRANSFERS
10 TO AFFILIATED SECTION 501(C)(3) OR-
11 GANIZATIONS.—This clause shall

12 apply with respect to an amount
13 transferred by a covered organization
14 to an organization described in para-
15 graph (3) of section 501(c) of the In-
16 ternal Revenue Code of 1986 and ex-
17 empt from tax under section 501(a) of
18 such Code in the same manner as this
19 clause applies to an amount trans-
20 ferred by a covered organization to
22 ‘‘(iv) SPECIAL THRESHOLD FOR DIS-
23 CLOSURE OF DONORS.—Notwithstanding
24 clause (i) or (ii) of subparagraph (A), if a

25 covered organization is required to include
•S 3628 PCS
62
1 the identification of a person described in
2 such clause in a statement filed under this
3 subsection because the covered organiza-
4 tion is deemed (in accordance with clause
5 (ii)) to have transferred amounts for the
6 purpose of making an electioneering com-
7 munication, the organization shall include
8 the identification of the person only if the
9 person made donations or payments (in the
10 case of a person described in clause (i)(I)
11 of subparagraph (A)) or unrestricted donor
12 payments (in the case of a person de-
13 scribed in clause (ii) of subparagraph (A))
14 to the covered organization during the cov-
15 ered organization reporting period involved
16 in an aggregate amount equal to or exceed-
17 ing $10,000.
18 ‘‘(C) EXCLUSION OF AMOUNTS DES-
19 IGNATED FOR OTHER CAMPAIGN-RELATED AC-
20 TIVITY.—For purposes of subparagraph (A)(i),

21 in determining the amount of a donation or
22 payment made by a person which was provided
23 for the purpose of being used for campaign-re-
24 lated activity or in response to a solicitation for

25 funds to be used for campaign-related activity,
•S 3628 PCS
63
1 there shall be excluded any amount which was
2 designated by the person to be used—
3 ‘‘(i) for campaign-related activity de-
4 scribed in clause (i) of section
5 325(d)(2)(A) (relating to independent ex-
6 penditures) with respect to a different elec-
7 tion, or with respect to a candidate in a
8 different election, than an election which is
9 the subject of any of the public inde-
10 pendent expenditures covered by the report
11 involved; or
12 ‘‘(ii) for any campaign-related activity
13 described in clause (ii) of section
14 325(d)(2)(A) (relating to electioneering
15 communications).
16 ‘‘(D) COVERED ORGANIZATION REPORTING
17 PERIOD DESCRIBED.—In this paragraph, the

18 ‘covered organization reporting period’ is, with
19 respect to a statement filed by a covered orga-
20 nization under this subsection—
21 ‘‘(i) in the case of the first statement
22 filed by a covered organization under this
23 subsection which includes information re-
24 quired under this paragraph, the shorter

25 of—
•S 3628 PCS
64
1 ‘‘(I) the period which begins on
2 the effective date of the Democracy is
3 Strengthened by Casting Light on
4 Spending in Elections Act and ends
5 on the disclosure date for the state-
6 ment, or
7 ‘‘(II) the 12-month period ending
8 on the disclosure date for the state-
9 ment; and
10 ‘‘(ii) in the case of any subsequent
11 statement filed by a covered organization
12 under this subsection which includes infor-
13 mation required under this paragraph, the
14 period occurring since the most recent
15 statement filed by the organization which
16 includes such information.
17 ‘‘(E) COVERED ORGANIZATION DE-
18 FINED.—In this paragraph, the term ‘covered

19 organization’ means any of the following:
20 ‘‘(i) Any corporation which is subject
21 to section 316(a), other than a corporation
22 which is an organization described in para-
23 graph (3) of section 501(c) of the Internal
24 Revenue Code of 1986 and exempt from

25 tax under section 501(a) of such Code.
•S 3628 PCS
65
1 ‘‘(ii) Any labor organization (as de-
2 fined in section 316).
3 ‘‘(iii) Any organization described in
4 paragraph (4), (5), or (6) of section 501(c)
5 of the Internal Revenue Code of 1986 and
6 exempt from tax under section 501(a) of
7 such Code, other than an exempt section
8 501(c)(4) organization (as defined in sec-
9 tion 301(27)).
10 ‘‘(iv) Any political organization under
11 section 527 of the Internal Revenue Code
12 of 1986, other than a political committee
13 under this Act.
14 ‘‘(F) OTHER DEFINITIONS.—In this para-
15 graph, the terms ‘campaign-related activity’ and
16 ‘unrestricted donor payment’ have the meaning
17 given such terms in section 325.’’.
18 (2) CONFORMING AMENDMENT.—Section
19 304(f)(2) of such Act (2 U.S.C. 434(f)(2)) is

20 amended by striking ‘‘If the disbursements’’ each
21 place it appears in subparagraph (E) and (F) and
22 inserting the following: ‘‘Except in the case of a
23 statement which is required to include additional in-
24 formation under paragraph (6), if the disburse-

25 ments’’.
•S 3628 PCS
66
1 (c) EXEMPTION OF CERTAIN SECTION 501(C)(4) OR-
2 GANIZATIONS.—Section 301 of such Act (2 U.S.C. 431)
3 is amended by adding at the end the following:
4 ‘‘(27) EXEMPT SECTION 501(C)(4) ORGANIZA-
5 TION.—The term ‘exempt section 501(c)(4) organi-

6 zation’ means, with respect to disbursements made
7 by an organization during a calendar year, an orga-
8 nization for which the chief executive officer of the
9 organization certifies to the Commission (prior to
10 the first disbursement made by the organization dur-
11 ing the year) that each of the following applies:
12 ‘‘(A) The organization is described in para-
13 graph (4) of section 501(c) of the Internal Rev-
14 enue Code of 1986 and exempt from tax under
15 section 501(a) of such Code, and was so de-
16 scribed and so exempt during each of the 10
17 previous calendar years.
18 ‘‘(B) The organization has at least
19 500,000 individuals who paid membership dues
20 during the previous calendar year (determined
21 as of the last day of that year).
22 ‘‘(C) The dues-paying membership of the
23 organization includes at least one individual
24 from each State. For purposes of this subpara-

25 graph, the term ‘State’ means each of the sev-
•S 3628 PCS
67
1 eral States, the District of Columbia, and the
2 Commonwealth of Puerto Rico.
3 ‘‘(D) During the previous calendar year,
4 the portion of funds provided to the organiza-
5 tion by corporations (as described in section
6 316) or labor organizations (as defined in sec-
7 tion 316), other than funds provided pursuant
8 to commercial transactions occurring in the or-
9 dinary course of business, did not exceed 15
10 percent of the total amount of all funds pro-
11 vided to the organization from all sources.
12 ‘‘(E) The organization does not use any of
13 the funds provided to the organization by cor-
14 porations (as described in section 316) or labor
15 organizations (as defined in section 316) for
16 campaign-related activity (as defined in section
17 325).’’.
18 SEC. 212. RULES REGARDING USE OF GENERAL TREASURY
19 FUNDS BY COVERED ORGANIZATIONS FOR
20 CAMPAIGN-RELATED ACTIVITY.
21 Title III of the Federal Election Campaign Act of

22 1971 (2 U.S.C. 431 et seq.) is amended by adding at the
23 end the following new section:
•S 3628 PCS
68
1 ‘‘SEC. 325. SPECIAL RULES FOR USE OF GENERAL TREAS-
2 URY FUNDS BY COVERED ORGANIZATIONS
3 FOR CAMPAIGN-RELATED ACTIVITY.
4 ‘‘(a) USE OF FUNDS FOR CAMPAIGN-RELATED AC-

5 TIVITY.—
6 ‘‘(1) IN GENERAL.—Subject to any applicable

7 restrictions and prohibitions under this Act, a cov-
8 ered organization may make disbursements for cam-
9 paign-related activity using—
10 ‘‘(A) amounts paid or donated to the orga-
11 nization which are designated by the person
12 providing the amounts to be used for campaign-
13 related activity;
14 ‘‘(B) unrestricted donor payments made to
15 the organization; and
16 ‘‘(C) other funds of the organization, in-
17 cluding amounts received pursuant to commer-
18 cial activities in the regular course of a covered
19 organization’s business.
20 ‘‘(2) NO EFFECT ON USE OF SEPARATE SEG-
21 REGATED FUND.—Nothing in this section shall be

22 construed to affect the authority of a covered organi-
23 zation to make disbursements from a separate seg-
24 regated fund established and administered by the or-
25 ganization under section 316(b)(2)(C).
•S 3628 PCS
69
1 ‘‘(b) MUTUALLY AGREED RESTRICTIONS ON USE OF
2 FUNDS FOR CAMPAIGN-RELATED ACTIVITY.—

3 ‘‘(1) AGREEMENT AND CERTIFICATION.—If a
4 covered organization and a person mutually agree,
5 at the time the person makes a donation, payment,
6 or transfer to the organization which would require
7 the organization to disclose the person’s identifica-
8 tion under section 304(g)(5)(A)(ii) or section
9 304(f)(6)(A)(ii), that the organization will not use
10 the donation, payment, or transfer for campaign-re-
11 lated activity, then not later than 30 days after the
12 organization receives the donation, payment, or
13 transfer the organization shall transmit to the per-
14 son a written certification by the chief financial offi-
15 cer of the covered organization (or, if the organiza-
16 tion does not have a chief financial officer, the high-
17 est ranking financial official of the organization)
18 that—
19 ‘‘(A) the organization will not use the do-
20 nation, payment, or transfer for campaign-re-
21 lated activity; and
22 ‘‘(B) the organization will not include any
23 information on the person in any report filed by
24 the organization under section 304 with respect

25 to independent expenditures or electioneering
•S 3628 PCS
70
1 communications, so that the person will not be
2 required to appear in a significant funder state-
3 ment or a Top 5 Funders list under section
4 318(e).
5 ‘‘(2) EXCEPTION FOR PAYMENTS MADE PURSU-
6 ANT TO COMMERCIAL ACTIVITIES.—Paragraph (1)

7 does not apply with respect to any payment or trans-
8 fer made pursuant to commercial activities in the
9 regular course of a covered organization’s business.
10 ‘‘(c) CERTIFICATIONS REGARDING DISBURSEMENTS
11 FOR CAMPAIGN-RELATED ACTIVITY.—
12 ‘‘(1) CERTIFICATION BY CHIEF EXECUTIVE OF-
13 FICER.—If, at any time during a calendar quarter,

14 a covered organization makes a disbursement of
15 funds for campaign-related activity using funds de-
16 scribed in subsection (a)(1), the chief executive offi-
17 cer of the covered organization or the chief executive
18 officer’s designee (or, if the organization does not
19 have a chief executive officer, the highest ranking of-
20 ficial of the organization or the highest ranking offi-
21 cial’s designee) shall file a statement with the Com-
22 mission which contains the following certifications:
23 ‘‘(A) None of the campaign-related activity
24 for which the organization disbursed the funds

25 during the quarter was made in cooperation,
•S 3628 PCS
71
1 consultation, or concert with, or at the request
2 or suggestion of, any candidate or any author-
3 ized committee or agent of such candidate, or
4 political committee of a political party or agent
5 of any political party.
6 ‘‘(B) The chief executive officer or highest
7 ranking official of the covered organization (as
8 the case may be) has reviewed and approved
9 each statement and report filed by the organi-
10 zation under section 304 with respect to any
11 such disbursement made during the quarter.
12 ‘‘(C) Each statement and report filed by
13 the organization under section 304 with respect
14 to any such disbursement made during the
15 quarter is complete and accurate.
16 ‘‘(D) All such disbursements made during
17 the quarter are in compliance with this Act.
18 ‘‘(E) No portion of the amounts used to
19 make any such disbursements during the quar-
20 ter is attributable to funds received by the orga-
21 nization that were subject to a mutual agree-
22 ment (as provided in subsection (b)(1)) that the
23 organization will not use the funds for cam-
24 paign-related activity by the person who pro-
•S 3628 PCS
72
1 vided the funds from being used for campaign-
2 related activity pursuant to subsection (b).
3 ‘‘(2) APPLICATION OF ELECTRONIC FILING
4 RULES.—Section 304(d)(1) shall apply with respect

5 to a statement required under this subsection in the
6 same manner as such section applies with respect to
7 a statement under subsection (c) or (g) of section
8 304.
9 ‘‘(3) DEADLINE.—The chief executive officer or
10 highest ranking official of a covered organization (as
11 the case may be) shall file the statement required
12 under this subsection with respect to a calendar
13 quarter not later than 15 days after the end of the
14 quarter.
15 ‘‘(d) DEFINITIONS.—For purposes of this section, the
16 following definitions apply:
17 ‘‘(1) COVERED ORGANIZATION.—The term ‘cov-
18 ered organization’ means any of the following:
19 ‘‘(A) Any corporation which is subject to
20 section 316(a), other than a corporation which
21 is an organization described in paragraph (3) of
22 section 501(c) of the Internal Revenue Code of
23 1986 and exempt from tax under section 501(a)
24 of such Code.
•S 3628 PCS
73
1 ‘‘(B) Any labor organization (as defined in
2 section 316).
3 ‘‘(C) Any organization described in para-
4 graph (4), (5), or (6) of section 501(c) of the
5 Internal Revenue Code of 1986 and exempt
6 from tax under section 501(a) of such Code,
7 other than an exempt section 501(c)(4) organi-
8 zation (as defined in section 301(27)).
9 ‘‘(D) Any political organization under sec-
10 tion 527 of the Internal Revenue Code of 1986,
11 other than a political committee under this Act.
12 ‘‘(2) CAMPAIGN-RELATED ACTIVITY.—
13 ‘‘(A) IN GENERAL.—The term ‘campaign-

14 related activity’ means—
15 ‘‘(i) an independent expenditure con-
16 sisting of a public communication (as de-
17 fined in section 301(22)), a transfer of
18 funds to another person (other than the
19 transferor itself) for the purpose of making
20 such an independent expenditure by that
21 person or by any other person (subject to
22 subparagraph (C)), or (in accordance with
23 subparagraph (B) and subject to subpara-
24 graph (C)) a transfer of funds to another

25 person (other than the transferor itself)
•S 3628 PCS
74
1 which is deemed to have been made for the
2 purpose of making such an independent ex-
3 penditure by that person or by any other
4 person; or
5 ‘‘(ii) an electioneering communication,
6 a transfer of funds to another person
7 (other than the transferor itself) for the
8 purpose of making an electioneering com-
9 munication by that person or by any other
10 person (subject to subparagraph (C)), or
11 (in accordance with subparagraph (B) and
12 subject to subparagraph (C)) a transfer of
13 funds to another person (other than the
14 transferor itself) which is deemed to have
15 been made for the purpose of making an
16 electioneering communication by that per-
17 son or by any other person.
18 ‘‘(B) RULE FOR DEEMING TRANSFERS
19 MADE FOR PURPOSE OF CAMPAIGN-RELATED
20 ACTIVITY.—For purposes of subparagraph (A),

21 in determining whether a transfer of funds by
22 a covered organization to another person shall
23 be deemed to have been made for the purpose
24 of making an independent expenditure con-

25 sisting of a public communication or an elec-
•S 3628 PCS
75
1 tioneering communication, the following rules
2 apply:
3 ‘‘(i) The transfer shall be deemed to
4 have been made for the purpose of making
5 such an independent expenditure or an
6 electioneering communication if—
7 ‘‘(I) the covered organization des-
8 ignates, requests, or suggests that the
9 amounts be used for such independent
10 expenditures or electioneering commu-
11 nications and the person to whom the
12 amounts were transferred agrees to do
13 so;
14 ‘‘(II) the person making such
15 independent expenditures or election-
16 eering communications or another
17 person acting on that person’s behalf
18 expressly solicited the covered organi-
19 zation for a donation or payment for
20 making or paying for any such inde-
21 pendent expenditure or electioneering
22 communication;
23 ‘‘(III) the covered organization
24 and the person to whom the amounts

25 were transferred engaged in written or
•S 3628 PCS
76
1 oral discussion regarding the person
2 either making, or paying for, such
4 eering communications, or donating or
5 transferring the amounts to another
6 person for that purpose;
7 ‘‘(IV) the covered organization
8 which transferred the funds knew or
9 had reason to know that the person to
10 whom the amounts were transferred
11 intended to make such independent
12 expenditures or electioneering commu-
13 nications; or
14 ‘‘(V) the covered organization
15 which transferred the funds or the
16 person to whom the amounts were
17 transferred made one or more such
19 eering communications in an aggre-
20 gate amount of $50,000 or more dur-
21 ing the 2-year period which ends on
22 the date on which the amounts were
23 transferred.
24 ‘‘(ii) The transfer shall not be deemed

25 to have been made for the purpose of mak-
•S 3628 PCS
77
1 ing such an independent expenditure or an
2 electioneering communication if—
3 ‘‘(I) the transfer was a commer-
4 cial transaction occurring in the ordi-
5 nary course of business between the
6 covered organization and the person
7 to whom the amounts were trans-
8 ferred, unless there is affirmative evi-
9 dence that the amounts were trans-
10 ferred for the purpose of making such
11 an independent expenditure or elec-
12 tioneering communication; or
13 ‘‘(II) the covered organization
14 and the person to whom the amounts
15 were transferred mutually agreed (as
16 provided in subsection (b)(1)) that the
17 person will not use the amounts for
18 campaign-related activity.
19 ‘‘(C) SPECIAL RULE REGARDING TRANS-
20 FERS AMONG AFFILIATES.—
21 ‘‘(i) SPECIAL RULE.—
22 ‘‘(I) IN GENERAL.—Subpara-
23 graph (A) and (B) shall not apply in

24 the case of an amount transferred by

25 one covered organization to another
•S 3628 PCS
78
1 covered organization which is treated
2 as a transfer between affiliates under
3 clause (ii).
4 ‘‘(II) REPORTING BY TRANS-
5 FEREE.—In the case of any such

6 transfer or transfers between affiliates
7 in an aggregate amount equal to or
8 greater than $50,000 in a calendar
9 year, any report filed under subpara-
10 graph (A) by the covered organization
11 that receives the transferred funds
12 shall include the information required
13 under that subparagraph relating to
14 donations or payments made—
15 ‘‘(aa) to the affiliate which
16 transferred the funds where such
17 donations or payments were
18 made to the affiliate in the 12-
19 month period prior to the trans-
20 fer, and
21 ‘‘(bb) to any affiliate which
22 transferred an aggregate amount
23 equal to or greater than $50,000
24 to any affiliate described in item
•S 3628 PCS
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1 (aa) in the 12-month period prior
2 to the transfer.
3 ‘‘(ii) DESCRIPTION OF TRANSFERS
4 BETWEEN AFFILIATES.—A transfer of

5 amounts from one covered organization to
6 another covered organization shall be
7 treated as a transfer between affiliates if—
8 ‘‘(I) one of the organizations is
9 an affiliate of the other organization;
10 or
11 ‘‘(II) each of the organizations is
12 an affiliate of the same organization,
13 except that the transfer shall not be treat-
14 ed as a transfer between affiliates if one of
15 the organizations is established for the
16 purpose of disbursing funds for campaign-
17 related activity.
18 ‘‘(iii) DETERMINATION OF AFFILIATE
19 STATUS.—For purposes of clause (ii), the

20 following covered organizations are consid-
21 ered to be affiliates of each other—
22 ‘‘(I) a membership organization
23 (including trade or professional asso-
24 ciations) and the related State and
•S 3628 PCS
80
1 local entities of that organization or
2 group;
3 ‘‘(II) a national or international
4 labor organization and its local
5 unions, or an organization of national
6 or international unions and its State
7 and local central bodies.
8 ‘‘(III) a corporation and its whol-
9 ly owned subsidiaries.
10 ‘‘(iv) COVERAGE OF TRANSFERS TO
11 AFFILIATED SECTION 501(C)(3) ORGANIZA-
12 TIONS.—This subparagraph shall apply

13 with respect to an amount transferred by
14 a covered organization to an organization
15 described in paragraph (3) of section
16 501(c) of the Internal Revenue Code of
17 1986 and exempt from tax under section
18 501(a) of such Code in the same manner
19 as this subparagraph applies to an amount
20 transferred by a covered organization to
22 ‘‘(3) UNRESTRICTED DONOR PAYMENT.—The
23 term ‘unrestricted donor payment’ means a payment

24 to a covered organization which consists of a dona-

25 tion or payment from a person other than the cov-
•S 3628 PCS
81
1 ered organization, except that such term does not in-
2 clude—
3 ‘‘(A) any payment made pursuant to com-
4 mercial activities in the regular course of a cov-
5 ered organization’s business; or
6 ‘‘(B) any donation or payment which is
7 designated by the person making the donation
8 or payment to be used for campaign-related ac-
9 tivity or made in response to a solicitation for
10 funds to be used for campaign-related activ-
11 ity.’’.
12 SEC. 213. OPTIONAL USE OF SEPARATE ACCOUNT BY COV-
13 ERED ORGANIZATIONS FOR CAMPAIGN-RE-
14 LATED ACTIVITY.
15 (a) IN GENERAL.—Title III of the Federal Election

16 Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended
17 by section 212, is further amended by adding at the end
18 the following new section:
19 ‘‘SEC. 326. OPTIONAL USE OF SEPARATE ACCOUNT BY COV-
20 ERED ORGANIZATIONS FOR CAMPAIGN-RE-
21 LATED ACTIVITY.
22 ‘‘(a) OPTIONAL USE OF SEPARATE ACCOUNT.—

23 ‘‘(1) ESTABLISHMENT OF ACCOUNT.—
24 ‘‘(A) IN GENERAL.—At its option, a cov-

25 ered organization may make disbursements for
•S 3628 PCS
82
1 campaign-related activity using amounts from a
2 bank account established and controlled by the
3 organization to be known as the Campaign-Re-
4 lated Activity Account (hereafter in this section
5 referred to as the ‘Account’), which shall be
6 maintained separately from all other accounts
7 of the organization and which shall consist ex-
8 clusively of the deposits described in paragraph
9 (2).
10 ‘‘(B) MANDATORY USE OF ACCOUNT
11 AFTER ESTABLISHMENT.—If a covered organi-

12 zation establishes an Account under this sec-
13 tion, it may not make disbursements for cam-
14 paign-related activity from any source other
15 than amounts from the Account, other than dis-
16 bursements for campaign-related activity which,
17 on the basis of a reasonable belief by the orga-
18 nization, would not be treated as disbursements
19 for an exempt function for purposes of section
20 527(f) of the Internal Revenue Code of 1986.
21 ‘‘(C) EXCLUSIVE USE OF ACCOUNT FOR
22 CAMPAIGN-RELATED ACTIVITY.—Amounts in
23 the Account shall be used exclusively for dis-
24 bursements by the covered organization for

25 campaign-related activity. After such disburse-
•S 3628 PCS
83
1 ments are made, information with respect to de-
2 posits made to the Account shall be disclosed in
3 accordance with section 304(g)(5) or section
4 304(f)(6).
5 ‘‘(2) DEPOSITS DESCRIBED.—The deposits de-
6 scribed in this paragraph are deposits of the fol-
7 lowing amounts:
8 ‘‘(A) Amounts donated or paid to the cov-
9 ered organization by a person other than the
10 organization for the purpose of being used for
11 campaign-related activity, and for which the
12 person providing the amounts has designated
13 that the amounts be used for campaign-related
14 activity with respect to a specific election or
15 specific candidate.
16 ‘‘(B) Amounts donated or paid to the cov-
18 organization for the purpose of being used for
19 campaign-related activity, and for which the
20 person providing the amounts has not des-
21 ignated that the amounts be used for campaign-
22 related activity with respect to a specific elec-
23 tion or specific candidate.
24 ‘‘(C) Amounts donated or paid to the cov-

•S 3628 PCS
84
1 organization in response to a solicitation for
2 funds to be used for campaign-related activity.
3 ‘‘(D) Amounts transferred to the Account
4 by the covered organization from other accounts
5 of the organization, including from the organi-
6 zation’s general treasury funds.
7 ‘‘(3) NO TREATMENT AS POLITICAL COM-
8 MITTEE.—The establishment and administration of

9 an Account in accordance with this subsection shall
10 not by itself be treated as the establishment or ad-
11 ministration of a political committee for any purpose
12 of this Act.
13 ‘‘(b) REDUCTION IN AMOUNTS OTHERWISE AVAIL-
14 ABLE FOR ACCOUNT IN RESPONSE TO DEMAND OF GEN-
15 ERAL DONORS.—
16 ‘‘(1) IN GENERAL.—If a covered organization
17 which has established an Account obtains any reve-
18 nues during a year which are attributable to a dona-
19 tion or payment from a person other than the cov-
20 ered organization, and if the organization and any
21 such person have mutually agreed (as provided in
22 section 325(b)(1)) that the organization will not use
23 the person’s donation, payment, or transfer for cam-
24 paign-related activity, the organization shall reduce

25 the amount of its revenues available for deposits to
•S 3628 PCS
85
1 the Account which are described in subsection
2 (a)(3)(D) during the year by the amount of the do-
3 nation or payment which is subject to the mutual
4 agreement.
5 ‘‘(2) EXCEPTION.—Paragraph (1) does not
6 apply with respect to any payment made pursuant to
7 commercial activities in the regular course of a cov-
8 ered organization’s business.
9 ‘‘(c) COVERED ORGANIZATION DEFINED.—In this
10 section, the term ‘covered organization’ means any of the
11 following:
12 ‘‘(1) Any corporation which is subject to section
13 316(a), other than a corporation which is an organi-
14 zation described in paragraph (3) of section 501(c)
15 of the Internal Revenue Code of 1986 and exempt
16 from tax under section 501(a) of such Code.
17 ‘‘(2) Any labor organization (as defined in sec-
18 tion 316).
19 ‘‘(3) Any organization described in paragraph
20 (4), (5), or (6) of section 501(c) of the Internal Rev-
21 enue Code of 1986 and exempt from tax under sec-
22 tion 501(a) of such Code, other than an exempt sec-
23 tion 501(c)(4) organization (as defined in section
24 301(27)).
•S 3628 PCS
86
1 ‘‘(4) Any political organization under section
2 527 of the Internal Revenue Code of 1986, other
3 than a political committee under this Act.
4 ‘‘(d) CAMPAIGN-RELATED ACTIVITY DEFINED.—In
5 this section, the term ‘campaign-related activity’ has the
6 meaning given such term in section 325.’’.
7 (b) CLARIFICATION OF TREATMENT AS SEPARATE
8 SEGREGATED FUND.—A Campaign-Related Activity Ac-
9 count (within the meaning of section 326 of the Federal
10 Election Campaign Act of 1971, as added by subsection
11 (a)) may be treated as a separate segregated fund for pur-
12 poses of section 527(f)(3) of the Internal Revenue Code
13 of 1986.
14 SEC. 214. MODIFICATION OF RULES RELATING TO DIS-
15 CLAIMER STATEMENTS REQUIRED FOR CER-
16 TAIN COMMUNICATIONS.
17 (a) APPLYING REQUIREMENTS TO ALL INDE-

18 PENDENT EXPENDITURE COMMUNICATIONS.—Section
19 318(a) of the Federal Election Campaign Act of 1971 (2
20 U.S.C. 441d(a)) is amended by striking ‘‘for the purpose
21 of financing communications expressly advocating the
22 election or defeat of a clearly identified candidate’’ and
23 inserting ‘‘for an independent expenditure consisting of a
24 public communication’’.
25 (b) STAND BY YOUR AD REQUIREMENTS.—
•S 3628 PCS
87
1 (1) MAINTENANCE OF EXISTING REQUIRE-
2 MENTS FOR COMMUNICATIONS BY POLITICAL PAR-
3 TIES AND OTHER POLITICAL COMMITTEES.—Section
4 318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is

5 amended—
6 (A) in the heading, by striking ‘‘OTHERS’’
7 and inserting ‘‘POLITICAL COMMITTEES’’;
8 (B) by striking ‘‘subsection (a)’’ and in-

9 serting ‘‘subsection (a) which is paid for by a
10 political committee (including a political com-
11 mittee of a political party), other than a polit-
12 ical committee which is described in subsection
13 (e)(7)(B),’’; and
14 (C) by striking ‘‘or other person’’ each
15 place it appears.
16 (2) SPECIAL DISCLAIMER REQUIREMENTS FOR
17 CERTAIN COMMUNICATIONS.—Section 318 of such

18 Act (2 U.S.C. 441d) is amended by adding at the
19 end the following new subsection:
20 ‘‘(e) COMMUNICATIONS BY OTHERS.—
21 ‘‘(1) IN GENERAL.—Any communication de-
22 scribed in paragraph (3) of subsection (a) which is
23 transmitted through radio or television (other than
24 a communication to which subsection (d)(2) applies

25 because the communication is paid for by a political
•S 3628 PCS
88
1 committee, including a political committee of a polit-
2 ical party) shall include, in addition to the require-
3 ments of that paragraph, the following:
4 ‘‘(A) The individual disclosure statement
5 described in paragraph (2) (if the person pay-
6 ing for the communication is an individual) or
7 the organizational disclosure statement de-
8 scribed in paragraph (3) (if the person paying
9 for the communication is not an individual).
10 ‘‘(B) If the communication is an election-
11 eering communication or an independent ex-
12 penditure consisting of a public communication
13 and is paid for in whole or in part with a pay-
14 ment which is treated as a disbursement by a
15 covered organization for campaign-related activ-
16 ity under section 325, the significant funder
17 disclosure statement described in paragraph (4)
18 (if applicable), unless, on the basis of criteria
19 established in regulations promulgated by the
20 Commission, the communication is of such
21 short duration that including the statement in
22 the communication would constitute a hardship
23 to the person paying for the communication by
24 requiring a disproportionate amount of the
•S 3628 PCS
89
1 communication’s content to consist of the state-
2 ment.
3 ‘‘(C) If the communication is an election-
9 ity under section 325, the Top Five Funders
10 list described in paragraph (5) (if applicable),
11 unless, on the basis of criteria established in
12 regulations promulgated by the Commission,
13 the communication is of such short duration
14 that including the Top Five Funders list in the
15 communication would constitute a hardship to
16 the person paying for the communication by re-
17 quiring a disproportionate amount of the com-
18 munication’s content to consist of the Top Five
19 Funders list.
20 ‘‘(2) INDIVIDUAL DISCLOSURE STATEMENT DE-
21 SCRIBED.—The individual disclosure statement de-

22 scribed in this paragraph is the following: ‘I am
23 lllllll, and I approve this message.’, with
24 the blank filled in with the name of the applicable

25 individual.
•S 3628 PCS
90
1 ‘‘(3) ORGANIZATIONAL DISCLOSURE STATE-
2 MENT DESCRIBED.—The organizational disclosure

3 statement described in this paragraph is the fol-
4 lowing: ‘I am lllllll, the lllllll
5 of lllllll, and lllllll approves
6 this message.’, with—
7 ‘‘(A) the first blank to be filled in with the
8 name of the applicable individual;
9 ‘‘(B) the second blank to be filled in with
10 the title of the applicable individual; and
11 ‘‘(C) the third and fourth blank each to be
12 filled in with the name of the organization or
13 other person paying for the communication.
14 ‘‘(4) SIGNIFICANT FUNDER DISCLOSURE STATE-
15 MENT DESCRIBED.—
16 ‘‘(A) STATEMENT IF SIGNIFICANT FUNDER
17 IS AN INDIVIDUAL.—If the significant funder of

18 a communication paid for in whole or in part
19 with a payment which is treated as a disburse-
20 ment by a covered organization for campaign-
21 related activity under section 325 is an indi-
22 vidual, the significant funder disclosure state-
23 ment described in this paragraph is the fol-
lowing: ‘I am lllllll. I helped to pay
24
25 for this message, and I approve it.’, with the
•S 3628 PCS
91
1 blank filled in with the name of the applicable
2 individual.
3 ‘‘(B) STATEMENT IF SIGNIFICANT FUNDER
4 IS NOT AN INDIVIDUAL.—If the significant

5 funder of a communication paid for in whole or
6 in part with a payment which is treated as a
7 disbursement by a covered organization for
8 campaign-related activity under section 325 is
9 not an individual, the significant funder disclo-
10 sure statement described in this paragraph is
11 the following: ‘I am lllllll, the
12 lllllll of lllllll.
13 lllllll helped to pay for this mes-
14 sage, and lllllll approves it.’, with—
15 ‘‘(i) the first blank to be filled in with
16 the name of the applicable individual;
17 ‘‘(ii) the second blank to be filled in
18 with the title of the applicable individual;
19 and
20 ‘‘(iii) the third, fourth, and fifth blank
21 each to be filled in with the name of the
22 significant funder of the communication.
23 ‘‘(C) SIGNIFICANT FUNDER DEFINED.—
24 ‘‘(i) INDEPENDENT EXPENDITURES.—
25 For purposes of this paragraph, the ‘sig-
•S 3628 PCS
92
1 nificant funder’ with respect to an inde-
2 pendent expenditure consisting of a public
3 communication paid for in whole or in part
4 with a payment which is treated as a dis-
5 bursement by a covered organization for
6 campaign-related activity under section
7 325 shall be determined as follows:
8 ‘‘(I) If any report filed by any or-
9 ganization with respect to the inde-
10 pendent expenditure under section
11 304 during the 12-month period
12 which ends on the date of the dis-
13 bursement includes information on
14 any person who made a payment to
15 the organization in an amount equal
16 to or exceeding $100,000 which was
17 designated by the person to be used
18 for campaign-related activity con-
19 sisting of that specific independent ex-
20 penditure (as required to be included
21 in the report under section
22 304(g)(5)(A)(i)), the person who is
23 identified among all such reports as
24 making the largest such payment.
•S 3628 PCS
93
1 ‘‘(II) If any report filed by any
2 organization with respect to the inde-
11 for campaign-related activity with re-
12 spect to the same election or in sup-
13 port of the same candidate (as re-
14 quired to be included in the report
15 under section 304(g)(5)(A)(i)) but
16 subclause (I) does not apply, the per-
17 son who is identified among all such
18 reports as making the largest such
19 payment.
20 ‘‘(III) If any report filed by any
21 organization with respect to the inde-

•S 3628 PCS
94
4 provided for the purpose of being used
5 for campaign-related activity or in re-
6 sponse to a solicitation for funds to be
7 used for campaign-related activity (as
8 required to be included in the report
9 under section 304(g)(5)(A)(i)) but
10 subclause (I) or subclause (II) does
11 not apply, the person who is identified
12 among all such reports as making the
13 largest such payment.
14 ‘‘(IV) If none of the reports filed
15 by any organization with respect to
16 the independent expenditure under
17 section 304 during the 12-month pe-
18 riod which ends on the date of the dis-
20 any person (other than the organiza-
21 tion) who made a payment to the or-
22 ganization in an amount equal to or
23 exceeding $10,000 which was provided
24 for the purpose of being used for cam-

25 paign-related activity or in response to
•S 3628 PCS
95
1 a solicitation for funds to be used for
2 campaign-related activity, but any of
3 such reports includes information on
4 any person who made an unrestricted
5 donor payment to the organization (as
7 under section 304(g)(5)(A)(ii)) in an
8 amount equal to or exceeding
9 $10,000, the person who is identified
11 largest such unrestricted donor pay-
12 ment.
13 ‘‘(ii) ELECTIONEERING COMMUNICA-
14 TIONS.—For purposes of this paragraph,

15 the ‘significant funder’ with respect to an
16 electioneering communication paid for in
17 whole or in part with a payment which is
18 treated as a disbursement by a covered or-
19 ganization for campaign-related activity
20 under section 325, shall be determined as
21 follows:
22 ‘‘(I) If any report filed by any or-
23 ganization with respect to the elec-
24 tioneering communication under sec-

25 tion 304 during the 12-month period
•S 3628 PCS
96
7 for campaign-related activity con-
8 sisting of that specific electioneering
9 communication (as required to be in-
10 cluded in the report under section
11 304(f)(6)(A)(i)), the person who is
12 identified among all such reports as
13 making the largest such payment.
14 ‘‘(II) If any report filed by any
15 organization with respect to the elec-
24 for campaign-related activity with re-

25 spect to the same election or in sup-
•S 3628 PCS
97
1 port of the same candidate (as re-
2 quired to be included in the report
3 under section 304(f)(6)(A)(i)) but
4 subclause (I) does not apply, the per-
5 son who is identified among all such
6 reports as making the largest such
7 payment.
8 ‘‘(III) If any report filed by any
9 organization with respect to the elec-
17 provided for the purpose of being used
18 for campaign-related activity or in re-
19 sponse to a solicitation for funds to be
20 used for campaign-related activity (as
22 under section 304(f)(6)(A)(i)) but
23 subclause (I) or subclause (II) does
24 not apply, the person who is identified
•S 3628 PCS
98
2 largest such payment.
3 ‘‘(IV) If none of the reports filed
4 by any organization with respect to
5 the electioneering communication
6 under section 304 during the 12-
7 month period which ends on the date
8 of the disbursement includes informa-
9 tion on any person who made a pay-
10 ment to the organization in an
11 amount equal to or exceeding $10,000
12 which was provided for the purpose of
13 being used for campaign-related activ-
14 ity or in response to a solicitation for
15 funds to be used for campaign-related
16 activity, but any of such reports in-
17 cludes information on any person who
18 made an unrestricted donor payment
19 to the organization (as required to be
20 included in the report under section
21 304(f)(6)(A)(ii)) in an amount equal
22 to or exceeding $10,000, the person
23 who is identified among all such re-
24 ports as making the largest such un-

25 restricted donor payment.
•S 3628 PCS
99
1 ‘‘(5) TOP 5 FUNDERS LIST DESCRIBED.—With
2 respect to a communication paid for in whole or in

3 part with a payment which is treated as a disburse-
4 ment by a covered organization for campaign-related
5 activity under section 325, the Top 5 Funders list
6 described in this paragraph is—
7 ‘‘(A) in the case of a disbursement for an
8 independent expenditure consisting of a public
9 communication, a list of the 5 persons who pro-
10 vided the largest payments of any type in an
11 aggregate amount equal to or exceeding
12 $10,000 which are required under section
13 304(g)(5)(A) to be included in the reports filed
14 by any organization with respect to that inde-
15 pendent expenditure under section 304 during
16 the 12-month period which ends on the date of
17 the disbursement, together with the amount of
18 the payments each such person provided; or
19 ‘‘(B) in the case of a disbursement for an
20 electioneering communication, a list of the 5
21 persons who provided the largest payments of
22 any type in an aggregate amount equal to or
23 exceeding $10,000 which are required under
24 section 304(f)(6)(A) to be included in the re-

25 ports filed by any organization with respect to
•S 3628 PCS
100
1 that electioneering communication under section
2 304 during the 12-month period which ends on
3 the date of the disbursement, together with the
4 amount of the payments each such person pro-
5 vided.
6 ‘‘(6) METHOD OF CONVEYANCE OF STATE-
7 MENT.—
8 ‘‘(A) COMMUNICATIONS TRANSMITTED
9 THROUGH RADIO.—In the case of a communica-

10 tion to which this subsection applies which is
11 transmitted through radio, the disclosure state-
12 ments required under paragraph (1) shall be
13 made by audio by the applicable individual in a
14 clearly spoken manner.
15 ‘‘(B) COMMUNICATIONS TRANSMITTED
16 THROUGH TELEVISION.—In the case of a com-

17 munication to which this subsection applies
18 which is transmitted through television, the in-
19 formation required under paragraph (1)—
20 ‘‘(i) shall appear in writing at the end
21 of the communication in a clearly readable
22 manner, with a reasonable degree of color
23 contrast between the background and the
24 printed statement, for a period of at least

25 6 seconds; and
•S 3628 PCS
101
1 ‘‘(ii) except in the case of a Top 5
2 Funders list described in paragraph (5),
3 shall also be conveyed by an unobscured,
4 full-screen view of the applicable indi-
5 vidual, or by the applicable individual mak-
6 ing the statement in voice-over accom-
7 panied by a clearly identifiable photograph
8 or similar image of the individual.
9 ‘‘(7) APPLICABLE INDIVIDUAL DEFINED.—In
10 this subsection, the term ‘applicable individual’

11 means, with respect to a communication to which
12 this paragraph applies—
13 ‘‘(A) if the communication is paid for by
14 an individual or if the significant funder of the
15 communication under paragraph (4) is an indi-
16 vidual, the individual involved;
17 ‘‘(B) if the communication is paid for by a
18 corporation or if the significant funder of the
19 communication under paragraph (4) is a cor-
20 poration, the chief executive officer of the cor-
21 poration (or, if the corporation does not have a
22 chief executive officer, the highest ranking offi-
23 cial of the corporation);
24 ‘‘(C) if the communication is paid for by a

25 labor organization or if the significant funder of
•S 3628 PCS
102
1 the communication under paragraph (4) is a
2 labor organization, the highest ranking officer
3 of the labor organization; or
4 ‘‘(D) if the communication is paid for by
5 any other person or if the significant funder of
6 the communication under paragraph (4) is any
7 other person, the highest ranking official of
8 such person.
9 ‘‘(8) COVERED ORGANIZATION DEFINED.—In
10 this subsection, the term ‘covered organization’

11 means any of the following:
12 ‘‘(A) Any corporation which is subject to
13 section 316(a), other than a corporation which
14 is an organization described in paragraph (3) of
15 section 501(c) of the Internal Revenue Code of
16 1986 and exempt from tax under section 501(a)
17 of such Code.
18 ‘‘(B) Any labor organization (as defined in
19 section 316).
20 ‘‘(C) Any organization described in para-
21 graph (4), (5), or (6) of section 501(c) of the
22 Internal Revenue Code of 1986 and exempt
23 from tax under section 501(a) of such Code,
24 other than an exempt section 501(c)(4) organi-

25 zation (as defined in section 301(27)).
•S 3628 PCS
103
1 ‘‘(D) Any political organization under sec-
2 tion 527 of the Internal Revenue Code of 1986,
3 other than a political committee under this Act.
4 ‘‘(9) OTHER DEFINITIONS.—In this subsection,
5 the terms ‘campaign-related activity’ and ‘unre-
6 stricted donor payment’ have the meaning given
7 such terms in section 325.’’.
8 (3) APPLICATION TO CERTAIN MASS MAIL-
9 INGS.—Section 318(a)(3) of such Act (2 U.S.C.

10 441d(a)(3)) is amended to read as follows:
11 ‘‘(3) if not authorized by a candidate, an au-
12 thorized political committee of a candidate, or its
13 agents, shall clearly state—
14 ‘‘(A) the name and permanent street ad-
15 dress, telephone number, or World Wide Web
16 address of the person who paid for the commu-
17 nication;
18 ‘‘(B) if the communication is an inde-
19 pendent expenditure consisting of a mass mail-
20 ing (as defined in section 301(23)) which is
21 paid for in whole or in part with a payment
22 which is treated as a disbursement by a covered
23 organization for campaign-related activity under
24 section 325, or which is paid for in whole or in

25 part by a political committee described in sub-
•S 3628 PCS
104
1 section (e)(7)(B), the name and permanent
2 street address, telephone number, or World
3 Wide Web address of—
4 ‘‘(i) the significant funder of the com-
5 munication, if any (as determined in ac-
6 cordance with subsection (e)(4)(C)(i) or
7 (e)(7)(A)(i); and
8 ‘‘(ii) each person who would be in-
9 cluded in the Top 5 Funders list which
10 would be submitted with respect to the
11 communication if the communication were
12 transmitted through television, if any (as
13 determined in accordance with subsection
14 (e)(5) or (e)(7)(A)(ii)); and
15 ‘‘(C) that the communication is not au-
16 thorized by any candidate or candidate’s com-
17 mittee.’’.
18 (4) APPLICATION TO POLITICAL ROBOCALLS.—
19 Section 318 of such Act (2 U.S.C. 441d), as amend-

20 ed by paragraph (2), is further amended by adding
21 at the end the following new subsection:
22 ‘‘(f) SPECIAL RULES FOR POLITICAL ROBOCALLS.—
23 ‘‘(1) REQUIRING COMMUNICATIONS TO INCLUDE
24 CERTAIN DISCLAIMER STATEMENTS.—Any commu-

25 nication consisting of a political robocall which
•S 3628 PCS
105
1 would be subject to the requirements of subsection
2 (e) if the communication were transmitted through
3 radio or television shall include the following:
4 ‘‘(A) The individual disclosure statement
5 described in subsection (e)(2) (if the person
6 paying for the communication is an individual)
7 or the organizational disclosure statement de-
8 scribed in subsection (e)(3) (if the person pay-
9 ing for the communication is not an individual).
10 ‘‘(B) If the communication is an election-
16 ity under section 325, or which is paid for in
17 whole or in part by a political committee de-
18 scribed in subsection (e)(7)(B), the significant
19 funder disclosure statement described in sub-
20 section (e)(4) or (e)(7) (if applicable).
21 ‘‘(2) TIMING OF CERTAIN STATEMENT.—The
22 statements required to be included under paragraph

23 (1) shall be made at the beginning of the political
24 robocall, unless, on the basis of criteria established

25 in regulations promulgated by the Commission, the
•S 3628 PCS
106
1 communication is of such short duration that includ-
2 ing the statement in the communication would con-
3 stitute a hardship to the person paying for the com-
4 munication by requiring a disproportionate amount
5 of the communication’s content to consist of the
6 statement.
7 ‘‘(3) POLITICAL ROBOCALL DEFINED.—In this
8 subsection, the term ‘political robocall’ means any
9 outbound telephone call—
10 ‘‘(A) in which a person is not available to
11 speak with the person answering the call, and
12 the call instead plays a recorded message; and
13 ‘‘(B) which promotes, supports, attacks, or
14 opposes a candidate for election for Federal of-
15 fice.’’.
16 SEC. 215. INDEXING OF CERTAIN AMOUNTS.

18 1971, as amended by section 213, is amended by adding
19 at the end the following new section:
20 ‘‘SEC. 327. INDEXING OF CERTAIN AMOUNTS.
21 ‘‘(a) INDEXING.—In any calendar year after 2010—

22 ‘‘(1) each of the amounts referred to in sub-
23 section (b) shall be increased by the percent dif-
24 ference determined under subparagraph (A) of sec-

25 tion 315(c)(1), except that for purposes of this para-
•S 3628 PCS
107
1 graph, such percent difference shall be determined
2 as if the base year referred to in such subparagraph
3 were 2009;
4 ‘‘(2) each amount so increased shall remain in
5 effect for the calendar year; and
6 ‘‘(3) if any amount after adjustment under
7 paragraph (1) is not a multiple of $100, such
8 amount shall be rounded to the nearest multiple of
9 $100.
10 ‘‘(b) AMOUNTS DESCRIBED.—The amounts referred
11 to in this subsection are as follows:
12 ‘‘(1) The amount referred to in section
13 304(g)(5)(A)(i)(I).
15 304(g)(5)(A)(ii)(I).
16 ‘‘(3) Each of the amounts referred to in section
17 304(g)(5)(A)(ii)(II).
19 304(g)(5)(B)(ii)(I)(ee).
20 ‘‘(5) Each amount referred to in section
21 304(g)(5)(B)(iii)(I)(bb).
23 304(f)(6)(A)(i)(I).

25 304(f)(6)(A)(ii)(I).
•S 3628 PCS
108
1 ‘‘(8) Each of the amounts referred to in section
2 304(f)(6)(A)(ii)(II).
4 304(f)(6)(B)(ii)(I)(ee).
6 304(f)(6)(B)(iii)(I)(bb).
7 ‘‘(11) The amount referred to in section 317(b).
8 ‘‘(12) Each of the amounts referred to in sec-
9 tion 318(e)(4)(C).
11 325(d)(2)(B)(i)(V).
13 325(d)(2)(C)(i)(II).’’.
14 Subtitle C—Reporting Require-
15 ments for Registered Lobbyists
16 SEC. 221. REQUIRING REGISTERED LOBBYISTS TO REPORT
17 INFORMATION ON INDEPENDENT EXPENDI-
18 TURES AND ELECTIONEERING COMMUNICA-
19 TIONS.
20 (a) IN GENERAL.—Section 5(d)(1) of the Lobbying

21 Disclosure Act of 1995 (2 U.S.C. 1604(d)(1)) is amend-
22 ed—
23 (1) by striking ‘‘and’’ at the end of subpara-
24 graph (F);
•S 3628 PCS
109
1 (2) by redesignating subparagraph (G) as sub-
2 paragraph (I); and
3 (3) by inserting after subparagraph (F) the fol-
4 lowing new subparagraphs:
5 ‘‘(G) the amount of any independent ex-
6 penditure (as defined in section 301(17) of the
7 Federal Election Campaign Act of 1971 (2
8 U.S.C. 431(17)) equal to or greater than
9 $1,000 made by such person or organization,
10 and for each such expenditure the name of each
11 candidate being supported or opposed and the
12 amount spent supporting or opposing each such
13 candidate;
14 ‘‘(H) the amount of any electioneering
15 communication (as defined in section 304(f)(3)
16 of such Act (2 U.S.C. 434(f)(3)) equal to or
17 greater than $1,000 made by such person or or-
18 ganization, and for each such communication
19 the name of the candidate referred to in the
20 communication; and’’.
21 (b) EFFECTIVE DATE.—The amendments made by
22 this section shall apply with respect to reports for semi-
23 annual periods described in section 5(d)(1) of the Lob-
24 bying Disclosure Act of 1995 that begin after the date

25 of the enactment of this Act.
•S 3628 PCS
110
1 Subtitle D—Filing by Senate
2 Candidates With Commission
3 SEC. 231. FILING BY SENATE CANDIDATES WITH COMMIS-
4 SION.
5 Section 302(g) of the Federal Election Campaign Act

6 of 1971 (2 U.S.C. 432(g)) is amended to read as follows:
7 ‘‘(g) FILING WITH THE COMMISSION.—All des-
8 ignations, statements, and reports required to be
9 filed under this Act shall be filed with the Commis-
10 sion.’’.
11 TITLE III—DISCLOSURE BY COV-
12 ERED ORGANIZATIONS OF IN-
13 FORMATION ON CAMPAIGN-
14 RELATED ACTIVITY
15 SEC. 301. REQUIRING DISCLOSURE BY COVERED ORGANI-
16 ZATIONS OF INFORMATION ON CAMPAIGN-
17 RELATED ACTIVITY.

19 1971 (2 U.S.C. 431 et seq.), as amended by section 215,
20 is amended by adding at the end the following new section:
•S 3628 PCS
111
1 ‘‘SEC. 328. DISCLOSURES BY COVERED ORGANIZATIONS TO
2 SHAREHOLDERS, MEMBERS, AND DONORS OF
3 INFORMATION ON DISBURSEMENTS FOR
4 CAMPAIGN-RELATED ACTIVITY.
5 ‘‘(a) INCLUDING INFORMATION IN REGULAR PERI-

6 ODIC REPORTS.—
7 ‘‘(1) IN GENERAL.—A covered organization
8 which submits regular, periodic reports to its share-
9 holders, members, or donors on its finances or ac-
10 tivities shall include in each such report, in a clear
11 and conspicuous manner, the information described
12 in paragraph (2) with respect to the disbursements
13 made by the organization for campaign-related activ-
14 ity during the period covered by the report.
15 ‘‘(2) INFORMATION DESCRIBED.—The informa-
16 tion described in this paragraph is, for each dis-
17 bursement for campaign-related activity—
18 ‘‘(A) the date of the independent expendi-
19 ture or electioneering communication involved;
20 ‘‘(B) the amount of the independent ex-
21 penditure or electioneering communication in-
22 volved;
23 ‘‘(C) the name of the candidate identified
24 in the independent expenditure or electioneering
25 communication involved and the office sought

26 by the candidate;
•S 3628 PCS
112
1 ‘‘(D) in the case of a transfer of funds to
2 another person, the information required by
3 subparagraphs (A) through (C), as well as the
4 name of the recipient of the funds and the date
5 and amount of the funds transferred;
6 ‘‘(E) the source of such funds; and
7 ‘‘(F) such other information as the Com-
8 mission determines is appropriate to further the
9 purposes of this subsection.
10 ‘‘(b) POSTING OF OR HYPERLINK TO INFORMATION
11 INCLUDED IN REPORTS FILED WITH COMMISSION.—
12 ‘‘(1) REQUIRING POSTING OF OR HYPERLINK
13 TO CERTAIN INFORMATION.—If a covered organiza-

14 tion maintains an Internet site, the organization
15 shall—
16 ‘‘(A) post on such Internet site, in a ma-
17 chine readable, searchable, sortable, and
18 downloadable manner and through a direct link
19 from the homepage of the organization, the in-
20 formation described in paragraph (2); or
21 ‘‘(B) post on such Internet site a hyperlink
22 from its homepage to the location on the Inter-
23 net site of the Commission which contains the
24 information described in paragraph (2).
•S 3628 PCS
113
1 ‘‘(2) INFORMATION DESCRIBED.—The following
2 information is described in this paragraph:
3 ‘‘(A) The information the organization is
4 required to report under section 304(g)(5)(A)
5 with respect to public independent expenditures.
6 ‘‘(B) The information the organization is
7 required to include in a statement of disburse-
8 ments for electioneering communications under
9 section 304(f)(6).
10 ‘‘(3) DEADLINE; DURATION OF POSTING.—The
11 covered organization shall post the information or

12 the hyperlink described in paragraph (1) not later
13 than 24 hours after the Commission posts the infor-
14 mation described in paragraph (2) on the Internet
15 site of the Commission, and shall ensure that the in-
16 formation or the hyperlink remains on the Internet
17 site of the covered organization until the expiration
18 of the 1-year period which begins on the date of the
19 election with respect to which the public independent
20 expenditures or electioneering communications are
21 made.
22 ‘‘(c) COVERED ORGANIZATION DEFINED.—In this
23 section, the term ‘covered organization’ means any of the
24 following:
•S 3628 PCS
114
1 ‘‘(1) Any corporation which is subject to section
2 316(a), other than a corporation which is an organi-
3 zation described in paragraph (3) of section 501(c)
4 of the Internal Revenue Code of 1986 and exempt
5 from tax under section 501(a) of such Code.
6 ‘‘(2) Any labor organization (as defined in sec-
7 tion 316).
8 ‘‘(3) Any organization described in paragraph
9 (4), (5), or (6) of section 501(c) of the Internal Rev-
10 enue Code of 1986 and exempt from tax under sec-
11 tion 501(a) of such Code, other than an exempt sec-
12 tion 501(c)(4) organization (as defined in section
13 301(27)).
14 ‘‘(4) Any political organization under section
15 527 of the Internal Revenue Code of 1986, other
16 than a political committee under this Act.’’.
17 TITLE IV—OTHER PROVISIONS
18 SEC. 401. JUDICIAL REVIEW.
19 (a) SPECIAL RULES FOR ACTIONS BROUGHT ON
20 CONSTITUTIONAL GROUNDS.—If any action is brought for

21 declaratory or injunctive relief to challenge the constitu-
22 tionality of any provision of this Act or any amendment
23 made by this Act, the following rules shall apply:
24 (1) The action shall be filed in the United

25 States District Court for the District of Columbia,
•S 3628 PCS
115
1 and an appeal from a decision of the District Court
2 may be taken to the Court of Appeals for the Dis-
3 trict of Columbia Circuit.
4 (2) A copy of the complaint shall be delivered
5 promptly to the Clerk of the House of Representa-
6 tives and the Secretary of the Senate.
7 (b) INTERVENTION BY MEMBERS OF CONGRESS.—In
8 any action in which the constitutionality of any provision
9 of this Act or any amendment made by this Act is raised,
10 any member of the House of Representatives (including
11 a Delegate or Resident Commissioner to the Congress) or
12 Senate who satisfies the requirements for standing under
13 article III of the Constitution shall have the right to inter-
14 vene either in support of or opposition to the position of
15 a party to the case regarding the constitutionality of the
16 provision or amendment. To avoid duplication of efforts
17 and reduce the burdens placed on the parties to the action,
18 the court in any such action may make such orders as
19 it considers necessary, including orders to require interve-
20 nors taking similar positions to file joint papers or to be
21 represented by a single attorney at oral argument.
22 (c) CHALLENGE BY MEMBERS OF CONGRESS.—Any
23 Member of the House of Representatives (including a Del-
24 egate or Resident Commissioner to the Congress) or Sen-

25 ate may bring an action, subject to the special rules de-
•S 3628 PCS
116
1 scribed in subsection (a), for declaratory or injunctive re-
2 lief to challenge the constitutionality of any provision of
3 this Act or any amendment made by this Act.
4 SEC. 402. NO EFFECT ON PROTECTIONS AGAINST THREATS,
5 HARASSMENTS, AND REPRISALS.
6 Nothing in this Act or in any amendment made by

7 this Act shall be construed to affect any provision of law
8 or any rule or regulation which waives a requirement to
9 disclose information relating to any person in any case in
10 which there is a reasonable probability that the disclosure
11 of the information would subject the person to threats,
12 harassments, or reprisals.
13 SEC. 403. SEVERABILITY.
14 If any provision of this Act or amendment made by

15 this Act, or the application of a provision or amendment
16 to any person or circumstance, is held to be unconstitu-
17 tional, the remainder of this Act and amendments made
18 by this Act, and the application of the provisions and
19 amendment to any person or circumstance, shall not be
20 affected by the holding.
21 SEC. 404. EFFECTIVE DATE.
22 Except as otherwise provided, this Act and the

23 amendments made by this Act shall take effect upon the
24 expiration of the 30-day period which begins on the date

25 of the enactment of this Act, and shall take effect without
•S 3628 PCS
117
1 regard to whether or not the Federal Election Commission
2 has promulgated regulations to carry out such amend-
3 ments.
•S 3628 PCS
Calendar No. 476
111TH CONGRESS
2D SESSION S. 3628
S3628
A BILL
E:\BILLS\S3628.PCS
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.
Sfmt 6651
JULY 22, 2010
Fmt 6651
Read the second time and placed on the calendar
Frm 00118
PO 00000
Jkt 089200
01:52 Jul 23, 2010
VerDate Mar 15 2010

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S 3628 Disclose Act

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II

Calendar No. 476

IN THE SENATE OF THE UNITED STATES

JULY 22, 2010

1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

2 (a) SHORT TITLE.—This Act may be cited as the

TITLE I—REGULATION OF CERTAIN POLITICAL SPENDING

Sec. 101. Prohibiting independent expenditures and electioneering communica-

TITLE II—PROMOTING EFFECTIVE DISCLOSURE OF CAMPAIGN-

Subtitle A—Treatment of Independent Expenditures and Electioneering

Sec. 201. Independent expenditures.

Subtitle B—Expanded Requirements for Corporations and Other

Sec. 211. Additional information required to be included in reports on disburse-

Sec. 215. Indexing of certain amounts.

Subtitle C—Reporting Requirements for Registered Lobbyists

Subtitle D—Filing by Senate Candidates With Commission

Sec. 231. Filing by Senate candidates with Commission.

TITLE III—DISCLOSURE BY COVERED ORGANIZATIONS OF

Sec. 301. Requiring disclosure by covered organizations of information on cam-

TITLE IV—OTHER PROVISIONS

Sec. 401. Judicial review.

2 (a) GENERAL FINDINGS.—Congress finds and de-

24 electioneering communications by persons negoti-

24 receive government funds.

24 zens United case has provided the means by which

24 (e) FINDINGS RELATING TO DISCLOSURES AND DIS-

24 case. The current disclosure and disclaimer require-

24 fully the government’s compelling interests. Those

24 behind advertisements, and enabling them to use

24 tions of persons dedicated to a common and trans-

24 characteristics describe a particular non-profit orga-

6 (a) PROHIBITION APPLICABLE TO GOVERNMENT

17 heading of section 317 of such Act (2 U.S.C.

20 PENDENT EXPENDITURES, AND ELECTION-

22 (2) THRESHOLD FOR APPLICATION OF BAN.—

23 Section 317 of such Act (2 U.S.C. 441c) is amend-

24 Secretary of the Treasury), during the period—

2 EXPENDITURES BY FOREIGN NATIONALS TO

3 FOREIGN-CONTROLLED DOMESTIC COR-

5 (a) APPLICATION OF BAN.—Section 319(b) of the

24 ‘‘(i) the making of a contribution, do-

24 donation, expenditure, independent expenditure, or dis-

10 in this section shall be construed to prohibit any cor-

22 in this section shall be construed to prohibit any cor-

24 paragraph (1) of subsection (b) from making a con-

7 TRIBUTIONS AND EXPENDITURES.—Nothing in this

24 whether a corporation is treated as a foreign national for

3 (a) IN GENERAL.—Section 301(8)(A) of the Federal

20 ‘‘(a) COORDINATED COMMUNICATIONS DEFINED.—

25 consultation, or concert with, or at the request

24 the debate or forum.

12 purposes of paragraph (1), the ‘applicable election

24 eral election for such office; or

13 OF COMMUNICATIONS INVOLVING CONGRESSIONAL

14 CANDIDATES.—For purposes of paragraph (1), in

24 a covered communication shall not be considered to be

19 CANDIDATES.—For purposes of this section, if a commu-

24 quest or suggestion of a political committee of the political

17 PRIOR TO ENACTMENT.—No person shall be consid-

24 strued to affect any determination under any other

7 TIONS MADE ON BEHALF OF CANDIDATES.

8 (a) TREATMENT OF PAYMENT FOR PUBLIC COMMU-