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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5175 Reported in House (RH)]

                                                 Union Calendar No. 280
111th CONGRESS
  2d Session
                                H. R. 5175

                      [Report No. 111-492, Part I]

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.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 29, 2010

Mr. Van Hollen (for himself, Mr. Castle, Mr. Brady of Pennsylvania, and 
  Mr. Jones) introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

                              May 25, 2010

 Additional sponsors: Mr. Heinrich, Mr. Clyburn, Mr. George Miller of 
 California, Mr. Ellsworth, Mr. Shuler, Mr. Braley of Iowa, Mr. Larson 
of Connecticut, Mr. Becerra, Ms. DeLauro, Mr. Waxman, Mr. Conyers, Mr. 
Nadler of New York, Mr. Skelton, Mr. Bishop of New York, Mr. Larsen of 
  Washington, Mr. Schiff, Mr. Deutch, Mr. McGovern, Mr. Hinchey, Mr. 
McDermott, Mr. Tonko, Ms. Norton, Ms. Edwards of Maryland, Mr. Andrews, 
 Ms. Hirono, Mr. Stark, Mrs. Maloney, Mr. Holt, Mr. Walz, Mr. Teague, 
   Mr. Boswell, Ms. Matsui, Mr. Farr, Mr. Garamendi, Mr. Kagen, Mr. 
Pallone, Ms. Zoe Lofgren of California, Mr. Loebsack, Mr. Yarmuth, Ms. 
Harman, Ms. Chu, Mr. Israel, Mr. Schauer, Mrs. Capps, Ms. McCollum, Ms. 
  Slaughter, Mr. Ellison, Mr. Patrick J. Murphy of Pennsylvania, Ms. 
 Wasserman Schultz, Mr. Sarbanes, Mr. Salazar, Mr. Levin, Mr. Polis of 
  Colorado, Mr. Rothman of New Jersey, Ms. Berkley, Ms. Giffords, Mr. 
Hare, Mr. Kissell, Mr. Hall of New York, Mr. Schrader, Mr. Arcuri, Ms. 
    Shea-Porter, Mr. Kind, Ms. Kilroy, Mr. Jackson of Illinois, Mr. 
   Perriello, Ms. Sutton, Mr. Foster, Mr. Serrano, Mr. Courtney, Mr. 
 Cohen, Mr. Boccieri, Ms. Titus, Ms. Waters, Mr. Reyes, Mr. Lujan, Ms. 
 Roybal-Allard, Mr. Mollohan, Mr. Pierluisi, Mr. Filner, Mr. Dingell, 
   Mr. Lipinski, Mr. Welch, Ms. Linda T. Sanchez of California, Mr. 
 Visclosky, Mr. Smith of Washington, Mr. Chandler, Mr. Blumenauer, Mr. 
 Pomeroy, Ms. Loretta Sanchez of California, Mr. Himes, Mrs. Davis of 
 California, Ms. Speier, Mr. Tierney, Ms. Schakowsky, Mr. Inslee, Mr. 
   Etheridge, Mr. Meek of Florida, Mr. Ackerman, Mr. Price of North 
Carolina, Mr. Hodes, Ms. Castor of Florida, Mr. Moran of Virginia, Mrs. 
McCarthy of New York, Mr. Carnahan, Ms. Clarke, Ms. Moore of Wisconsin, 
  Mr. Thompson of California, Mr. Sherman, Mr. Langevin, and Ms. Eshoo

                              May 25, 2010

 Reported from the Committee on House Administration with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                              May 25, 2010

  Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
 [For text of introduced bill, see copy of bill as introduced on April 
                               29, 2010]

_______________________________________________________________________

                                 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 disclosure requirements with respect to spending in such 
                   elections, and for other purposes.

 

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Democracy is 
Strengthened by Casting Light on Spending in Elections Act'' or the 
``DISCLOSE Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.

           TITLE I--REGULATION OF CERTAIN POLITICAL SPENDING

Sec. 101. Prohibiting independent expenditures and electioneering 
                            communications by government contractors.
Sec. 102. Application of ban on contributions and expenditures by 
                            foreign nationals to foreign-controlled 
                            domestic corporations.
Sec. 103. Treatment of payments for coordinated communications as 
                            contributions.
Sec. 104. Treatment of political party communications made on behalf of 
                            candidates.
Sec. 105. Restriction on internet communications treated as public 
                            communications.

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

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

Sec. 201. Independent expenditures.
Sec. 202. Electioneering communications.
Sec. 203. Mandatory electronic filing by persons making independent 
                            expenditures or electioneering 
                            communications exceeding $10,000 at any 
                            time.

     Subtitle B--Expanded Requirements for Corporations and Other 
                             Organizations

Sec. 211. Additional information required to be included in reports on 
                            disbursements by covered organizations.
Sec. 212. Rules regarding use of general treasury funds by covered 
                            organizations for campaign-related 
                            activity.
Sec. 213. Optional use of separate account by covered organizations for 
                            campaign-related activity.
Sec. 214. Modification of rules relating to disclaimer statements 
                            required for certain communications.

      Subtitle C--Reporting Requirements for Registered Lobbyists

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

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

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

                       TITLE IV--OTHER PROVISIONS

Sec. 401. Judicial review.
Sec. 402. Severability.
Sec. 403. Effective date.

SEC. 2. FINDINGS.

    (a) General Findings.--Congress finds and declares as follows:
            (1) Throughout the history of the United States, the 
        American people have been rightly concerned about the power of 
        special interests to control our democratic processes. That was 
        true over 100 years ago when Congress first enacted legislation 
        intended to restrict corporate funds from being used in Federal 
        elections, legislation that Congress amended in 1947 to 
        expressly include independent expenditures. The Supreme Court 
        held such legislation to be constitutional in 1990 in Austin v. 
        Michigan Chamber of Commerce (494 U.S. 652) and again in 2003 
        in McConnell v. F.E.C. (540 U.S. 93).
            (2) The Supreme Court's decision in Citizens United v. 
        Federal Election Commission on January 21, 2010, invalidated 
        legislation restricting the ability of corporations and labor 
        unions to spend funds from their general treasury accounts to 
        influence the outcome of elections.
    (b) Findings Relating to Government Contractors.--Congress finds 
and declares as follows:
            (1) Government contracting is an activity that is 
        particularly susceptible to improper influence, and to the 
        appearance of improper influence. Government contracts must be 
        awarded based on an objective evaluation of how well bidders or 
        potential contractors meet relevant statutory criteria.
            (2) Independent expenditures and electioneering 
        communications that benefit particular candidates or elected 
        officials or disfavor their opponents can lead to apparent and 
        actual ingratiation, access, influence, and quid pro quo 
        arrangements. Government contracts should be awarded based on 
        an objective application of statutory criteria, not based on 
        other forms of inappropriate or corrupting influence.
            (3) Prohibiting independent expenditures and electioneering 
        communications by persons negotiating for or performing 
        government contracts will prevent government officials involved 
        in or with influence over the contracting process from 
        influencing the contracting process based, consciously or 
        otherwise, on this kind of inappropriate or corrupting 
        influence.
            (4) Prohibiting independent expenditures and electioneering 
        communications by persons negotiating for or performing 
        government contracts will likewise prevent such persons from 
        feeling pressure, whether actually exerted by government 
        officials or not, to make expenditures and to fund 
        communications in order to maximize their chances of receiving 
        contracts, or to match similar expenditures and communications 
        made by their competitors.
            (5) Furthermore, because government contracts often involve 
        large amounts of public money, it is critical that the public 
        perceive that the government contracts are awarded strictly in 
        accordance with prescribed statutory standards, and not based 
        on other forms of inappropriate or corrupting influence. The 
        public's confidence in government is undermined when 
        corporations that make significant expenditures during Federal 
        election campaigns later receive government funds.
            (6) Prohibiting independent expenditures and electioneering 
        communications by persons negotiating for or performing 
        government contracts will prevent any appearance that 
        government contracts were awarded based in whole or in part on 
        such expenditures or communications, or based on the 
        inappropriate or corrupting influence such expenditures and 
        communications can create and appear to create.
            (7) In these ways, prohibiting independent expenditures and 
        electioneering communications by persons negotiating for or 
        performing government contracts will protect the actual and 
        perceived integrity of the government contracting process.
            (8) Moreover, the risks of waste, fraud and abuse, all 
        resulting in economic losses to taxpayers, are significant when 
        would-be public contractors or applicants for public funds make 
        expenditures in Federal election campaigns in order to affect 
        electoral outcomes.
    (c) Findings Relating to Foreign Corporations.--Congress finds and 
declares as follows:
            (1) The Supreme Court's decision in the Citizens United 
        case has provided the means by which United States corporations 
        controlled by foreign entities can freely spend money to 
        influence United States elections.
            (2) Foreign corporations commonly own U.S. corporations in 
        whole or in part, and U.S. corporate equity and debt are also 
        held by foreign individuals, sovereign wealth funds, and even 
        foreign nations at levels which permit effective control over 
        those U.S. entities.
            (3) As recognized in many areas of the law, foreign 
        ownership interests and influences are exerted in a perceptible 
        way even when the entity is not majority-foreign-owned.
            (4) The Federal Government has broad constitutional power 
        to protect American interests and sovereignty from foreign 
        interference and intrusion.
            (5) Congress has a clear interest in minimizing foreign 
        intervention, and the perception of foreign intervention, in 
        United States elections.
    (d) Findings Relating to Coordinated Expenditures.--Congress finds 
and declares as follows:
            (1) It has been the consistent view of Congress and the 
        courts that coordinated expenditures in campaigns for election 
        are no different in nature from contributions.
            (2) Existing rules still allow donors to evade contribution 
        limits by making campaign expenditures which, while technically 
        qualifying as independent expenditures under law, are for all 
        relevant purposes coordinated with candidates and political 
        parties and thus raise the potential for corruption or the 
        appearance of corruption.
            (3) Such arrangements have the potential to give rise to 
        the reality or appearance of corruption to the same degree that 
        direct contributions to a candidate may give rise to the 
        reality or appearance of corruption. Moreover, expenditures 
        which are in fact made in coordination with a candidate or 
        political party have the potential to lessen the public's trust 
        and faith in the rules and the integrity of the electoral 
        process.
            (4) The government therefore has a compelling interest in 
        making sure that expenditures that are de facto coordinated 
        with a candidate are treated as such to prevent corruption, the 
        appearance of corruption, or the perception that some 
        participants are circumventing the laws and regulations which 
        govern the financing of election campaigns.
    (e) Findings Relating to Disclosures and Disclaimers.--Congress 
finds and declares as follows:
            (1) The American people have a compelling interest in 
        knowing who is funding independent expenditures and 
        electioneering communications to influence Federal elections, 
        and the government has a compelling interest in providing the 
        public with that information. Effective disclaimers and prompt 
        disclosure of expenditures, and the disclosure of the funding 
        sources for these expenditures, can provide shareholders, 
        voters, and citizens with the information needed to evaluate 
        the actions by special interests seeking influence over the 
        democratic process. Transparency promotes accountability, 
        increases the fund of information available to the public 
        concerning the support given to candidates by special 
        interests, sheds the light of publicity on political spending, 
        and encourages the leaders of organizations to act only upon 
        legitimate organizational purposes.
            (2) Protecting this compelling interest has become 
        particularly important to address the anticipated increase in 
        special interest spending on election-related communications 
        which will result from the Supreme Court's decision in the 
        Citizens United case. The current disclosure and disclaimer 
        requirements were designed for a campaign finance system in 
        which such expenditures were subject to prohibitions that no 
        longer apply.
            (3) More rigorous disclosure and disclaimer requirements 
        are necessary to protect against the evasion of current rules. 
        Organizations that engage in election-related communications 
        have used a variety of methods to attempt to obscure their 
        sponsorship of communications from the general public. Robust 
        disclosure and disclaimer requirements are necessary to ensure 
        that the electorate is informed about who is paying for 
        particular election-related communications, and so that the 
        shareholders and members of these organizations are aware of 
        their organizations' election-related spending.
            (4) The current lack of accountability and transparency 
        allow special interest political spending to serve as a private 
        benefit for the officials of special interest organizations, to 
        the detriment of the organizations and their shareholders and 
        members.
            (5) Various factors, including the advent of the Internet, 
        where particular communications can be circulated and remain 
        available for viewing long after they are first broadcast, and 
        the frequency of political campaigns that effectively begin 
        long before election day, have also rendered the existing 
        system of disclosure and disclaimer requirements (including the 
        limited time periods during which some of those requirements 
        currently apply) inadequate to protect fully the government's 
        interest in ensuring that the electorate is fully informed 
        about the sources of election-related spending, and that 
        shareholders and citizens alike have the information they need 
        to hold corporations and elected officials accountable for 
        their positions and supporters.
            (6) To serve the interests of accountability and 
        transparency, it is also important that information about who 
        is funding independent expenditures and electioneering 
        communications be presented to the electorate in a manner that 
        is readily accessible and that can be quickly and easily 
        understood.
    (f) Findings Relating to Campaign Spending by Lobbyists.--Congress 
finds and declares as follows:
            (1) Lobbyists and lobbying organizations, and through them, 
        their clients, influence the public decision-making process in 
        a variety of ways.
            (2) In recent years, scandals involving undue lobbyist 
        influence have lowered public trust in government and 
        jeopardized the willingness of voters to take part in 
        democratic governance.
            (3) One way in which lobbyists may unduly influence Federal 
        officials is through their or their clients making independent 
        expenditures or electioneering communications targeting elected 
        officials.
            (4) Disclosure of such independent expenditures and 
        electioneering communications will allow the public to examine 
        connections between such spending and official actions, and 
        will therefore limit the ability of lobbyists to exert an undue 
        influence on elected officials.

           TITLE I--REGULATION OF CERTAIN POLITICAL SPENDING

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

    (a) Prohibition Applicable to Government Contractors.--
            (1) Prohibition.--
                    (A) In general.--Section 317(a)(1) of the Federal 
                Election Campaign Act (2 U.S.C. 441c(a)(1)) is amended 
                by striking ``purpose or use; or'' and inserting the 
                following: ``purpose or use, to make any independent 
                expenditure, or to disburse any funds for an 
                electioneering communication; or''.
                    (B) Conforming amendment.--The heading of section 
                317 of such Act (2 U.S.C. 441c) is amended by striking 
                ``contributions'' and inserting ``contributions, 
                independent expenditures, and electioneering 
                communications''.
            (2) Threshold for application of ban.--Section 317 of such 
        Act (2 U.S.C. 441c) is amended--
                    (A) by redesignating subsections (b) and (c) as 
                subsections (c) and (d); and
                    (B) by inserting after subsection (a) the following 
                new subsection:
    ``(b) To the extent that subsection (a)(1) prohibits a person who 
enters into a contract described in such subsection from making any 
independent expenditure or disbursing funds for an electioneering 
communication, such subsection shall apply only if the value of the 
contract is equal to or greater than $7,000,000.''.
    (b) Application to Recipients of Assistance Under Troubled Asset 
Program.--Section 317(a) of such Act (2 U.S.C. 441c(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) who enters into negotiations for financial assistance 
        under title I of the Emergency Economic Stabilization Act of 
        2008 (12 U.S.C. 5211 et seq.) (relating to the purchase of 
        troubled assets by the Secretary of the Treasury), during the 
        period--
                    ``(A) beginning on the later of the commencement of 
                the negotiations or the date of the enactment of the 
                Democracy is Strengthened by Casting Light on Spending 
                in Elections Act; and
                    ``(B) ending with the later of the termination of 
                such negotiations or the repayment of such financial 
                assistance;
        directly or indirectly to make any contribution of money or 
        other things of value, or to promise expressly or impliedly to 
        make any such contribution to any political party, committee, 
        or candidate for public office or to any person for any 
        political purpose or use, to make any independent expenditure, 
        or to disburse any funds for an electioneering communication; 
        or''.
    (c) Technical Amendment.--Section 317 of such Act (2 U.S.C. 441c) 
is amended by striking ``section 321'' each place it appears and 
inserting ``section 316''.

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

    (a) Application of Ban.--Section 319(b) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 441e(b)) is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) any corporation which is not a foreign national 
        described in paragraph (1) and--
                    ``(A) in which a foreign national described in 
                paragraph (1) or (2) directly or indirectly owns 20 
                percent or more of the voting shares;
                    ``(B) with respect to which the majority of the 
                members of the board of directors are foreign nationals 
                described in paragraph (1) or (2);
                    ``(C) over which one or more foreign nationals 
                described in paragraph (1) or (2) has the power to 
                direct, dictate, or control the decision-making process 
                of the corporation with respect to its interests in the 
                United States; or
                    ``(D) over which one or more foreign nationals 
                described in paragraph (1) or (2) has the power to 
                direct, dictate, or control the decision-making process 
                of the corporation with respect to activities in 
                connection with a Federal, State, or local election, 
                including--
                            ``(i) the making of a contribution, 
                        donation, expenditure, independent expenditure, 
                        or disbursement for an electioneering 
                        communication (within the meaning of section 
                        304(f)(3)); or
                            ``(ii) the administration of a political 
                        committee established or maintained by the 
                        corporation.''.
    (b) Certification of Compliance.--Section 319 of such Act (2 U.S.C. 
441e) is amended by adding at the end the following new subsection:
    ``(c) Certification of Compliance Required Prior to Carrying Out 
Activity.--Prior to the making in connection with an election for 
Federal office of any contribution, donation, expenditure, independent 
expenditure, or disbursement for an electioneering communication by a 
corporation during a year, the chief executive officer of the 
corporation (or, if the corporation does not have a chief executive 
officer, the highest ranking official of the corporation), shall file a 
certification with the Commission, under penalty of perjury, that the 
corporation is not prohibited from carrying out such activity under 
subsection (b)(3), unless the chief executive officer has previously 
filed such a certification during the year. Nothing in this subsection 
shall be construed to apply to any contribution, donation, expenditure, 
independent expenditure, or disbursement from a separate segregated 
fund established and administered by a corporation under section 
316(b)(2)(C).''.
    (c) No Effect on Separate Segregated Funds of Domestic 
Corporations.--Section 319 of such Act (2 U.S.C. 441e), as amended by 
subsection (b), is further amended by adding at the end the following 
new subsection:
    ``(d) No Effect on Separate Segregate Funds of Domestic 
Corporations.--Nothing in this section shall be construed to prohibit 
any corporation which is not a foreign national described in paragraph 
(1) of subsection (b) from establishing, administering, and soliciting 
contributions to a separate segregated fund under section 316(b)(2)(C), 
so long as none of the amounts in the fund are provided by any foreign 
national described in paragraph (1) or (2) of subsection (b) and no 
foreign national described in paragraph (1) or (2) of subsection (b) 
has the power to direct, dictate, or control the establishment or 
administration of the fund.''.
    (d) No Effect on Other Laws.--Section 319 of such Act (2 U.S.C. 
441e), as amended by subsections (b) and (c), is further amended by 
adding at the end the following new subsection:
    ``(e) No Effect on Other Laws.--Nothing in this section shall be 
construed to affect the determination of whether a corporation is 
treated as a foreign national for purposes of any law other than this 
Act.''.

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

    (a) In General.--Section 301(8)(A) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 431(8)(A)) is amended--
            (1) by striking ``or'' at the end of clause (i);
            (2) by striking the period at the end of clause (ii) and 
        inserting ``; or''; and
            (3) by adding at the end the following new clause:
                    ``(iii) any payment made by any person (other than 
                a candidate, an authorized committee of a candidate, or 
                a political committee of a political party) for a 
                coordinated communication (as determined under section 
                324).''.
    (b) Coordinated Communications Described.--Section 324 of such Act 
(2 U.S.C. 441k) is amended to read as follows:

``SEC. 324. COORDINATED COMMUNICATIONS.

    ``(a) Coordinated Communications Defined.--For purposes of this 
Act, the term `coordinated communication' means--
            ``(1) a covered communication which, subject to subsection 
        (c), is made in cooperation, consultation, or concert with, or 
        at the request or suggestion of, a candidate, an authorized 
        committee of a candidate, or a political committee of a 
        political party; or
            ``(2) any communication that republishes, disseminates, or 
        distributes, in whole or in part, any broadcast or any written, 
        graphic, or other form of campaign material prepared by a 
        candidate, an authorized committee of a candidate, or their 
        agents.
    ``(b) Covered Communication Defined.--
            ``(1) In general.--Except as provided in paragraph (4), for 
        purposes of this subsection, the term `covered communication' 
        means, for purposes of the applicable election period described 
        in paragraph (2), a public communication (as defined in section 
        301(22)) that refers to a clearly identified candidate for 
        Federal office and is publicly distributed or publicly 
        disseminated during such period.
            ``(2) Applicable election period.--For purposes of 
        paragraph (1), the `applicable election period' with respect to 
        a communication means--
                    ``(A) in the case of a communication which refers 
                to a candidate for the office of President or Vice 
                President, the period--
                            ``(i) beginning with the date that is 120 
                        days before the date of the first primary 
                        election, preference election, or nominating 
                        convention for nomination for the office of 
                        President which is held in any State; and
                            ``(ii) ending with the date of the general 
                        election for such office; or
                    ``(B) in the case of a communication which refers 
                to a candidate for any other Federal office, the 
                period--
                            ``(i) beginning with the date that is 90 
                        days before the earliest of the primary 
                        election, preference election, or nominating 
                        convention with respect to the nomination for 
                        the office that the candidate is seeking; and
                            ``(ii) ending with the date of the general 
                        election for such office.
            ``(3) Special rule for public distribution of 
        communications involving congressional candidates.--For 
        purposes of paragraph (1), in the case of a communication 
        involving a candidate for an office other than President or 
        Vice President, the communication shall be considered to be 
        publicly distributed or publicly disseminated only if the 
        dissemination or distribution occurs in the jurisdiction of the 
        office that the candidate is seeking.
            ``(4) Exception.--The term `covered communication' does not 
        include--
                    ``(A) a communication appearing in a news story, 
                commentary, or editorial distributed through the 
                facilities of any broadcasting station, newspaper, 
                magazine, or other periodical publication, unless such 
                facilities are owned or controlled by any political 
                party, political committee, or candidate; or
                    ``(B) a communication which constitutes a candidate 
                debate or forum conducted pursuant to the regulations 
                adopted by the Commission to carry out section 
                304(f)(3)(B)(iii), or which solely promotes such a 
                debate or forum and is made by or on behalf of the 
                person sponsoring the debate or forum.
    ``(c) No Finding of Coordination Based Solely on Sharing of 
Information Regarding Legislative or Policy Position.--For purposes of 
subsection (a)(1), a covered communication may not be considered to be 
made in cooperation, consultation, or concert with, or at the request 
or suggestion of, a candidate, an authorized committee of a candidate, 
or a political committee of a political party solely on the grounds 
that a person provided information to the candidate or committee 
regarding that person's position on a legislative or policy matter 
(including urging the candidate or party to adopt that person's 
position), so long as there is no discussion between the person and the 
candidate or committee regarding the candidate's campaign for election 
for Federal office.
    ``(d) Preservation of Certain Safe Harbors and Firewalls.--Nothing 
in this section may be construed to affect 11 CFR 109.21(g) or (h), as 
in effect on the date of the enactment of the Democracy is Strengthened 
by Casting Light on Spending in Elections Act.
    ``(e) Treatment of Coordination With Political Parties for 
Communications Referring to Candidates.--For purposes of this section, 
if a communication which refers to any clearly identified candidate or 
candidates of a political party or any opponent of such a candidate or 
candidates is determined to have been made in cooperation, 
consultation, or concert with or at the request or suggestion of a 
political committee of the political party but not in cooperation, 
consultation, or concert with or at the request or suggestion of such 
clearly identified candidate or candidates, the communication shall be 
treated as having been made in cooperation, consultation, or concert 
with or at the request or suggestion of the political committee of the 
political party but not with or at the request or suggestion of such 
clearly identified candidate or candidates.''.
    (c) Effective Date.--
            (1) In general.--This section and the amendments made by 
        this section shall apply with respect to payments made on or 
        after the expiration of the 30-day period which begins on the 
        date of the enactment of this Act, without regard to whether or 
        not the Federal Election Commission has promulgated regulations 
        to carry out such amendments.
            (2) Transition rule for actions taken prior to enactment.--
        No person shall be considered to have made a payment for a 
        coordinated communication under section 324 of the Federal 
        Election Campaign Act of 1971 (as amended by subsection (b)) by 
        reason of any action taken by the person prior to the date of 
        the enactment of this Act. Nothing in the previous sentence 
        shall be construed to affect any determination under any other 
        provision of such Act which is in effect on the date of the 
        enactment of this Act regarding whether a communication is made 
        in cooperation, consultation, or concert with, or at the 
        request or suggestion of, a candidate, an authorized committee 
        of a candidate, or a political committee of a political party.

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

    (a) Treatment of Payment for Public Communication as Contribution 
if Made Under Control or Direction of Candidate.--Section 301(8)(A) of 
the Federal Election Campaign Act of 1971 (2 U.S.C. 431(8)(A)), as 
amended by section 103(a), is amended--
            (1) by striking ``or'' at the end of clause (ii);
            (2) by striking the period at the end of clause (iii) and 
        inserting ``; or''; and
            (3) by adding at the end the following new clause:
                    ``(iv) any payment by a political committee of a 
                political party for the direct costs of a public 
                communication (as defined in paragraph (22)) made on 
                behalf of a candidate for Federal office who is 
                affiliated with such party, but only if the 
                communication is controlled by, or made at the 
                direction of, the candidate or an authorized committee 
                of the candidate.''.
    (b) Requiring Control or Direction by Candidate for Treatment as 
Coordinated Party Expenditure.--
            (1) In general.--Paragraph (4) of section 315(d) of such 
        Act (2 U.S.C. 441a(d)) is amended to read as follows:
    ``(4) Special Rule for Direct Costs of Communications.--The direct 
costs incurred by a political committee of a political party for a 
communication made in connection with the campaign of a candidate for 
Federal office shall not be subject to the limitations contained in 
paragraphs (2) and (3) unless the communication is controlled by, or 
made at the direction of, the candidate or an authorized committee of 
the candidate.''.
            (2) Conforming amendment.--Paragraph (1) of section 315(d) 
        of such Act (2 U.S.C. 441a(d)) is amended by striking 
        ``paragraphs (2), (3), and (4)'' and inserting ``paragraphs (2) 
        and (3)''.
    (c) Effective Date.--This section and the amendments made by this 
section shall apply with respect to payments made on or after the 
expiration of the 30-day period which begins on the date of the 
enactment of this Act, without regard to whether or not the Federal 
Election Commission has promulgated regulations to carry out such 
amendments.

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

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

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

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

SEC. 201. INDEPENDENT EXPENDITURES.

    (a) Revision of Definition.--Subparagraph (A) of section 301(17) of 
the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)) is amended 
to read as follows:
                    ``(A) that, when taken as a whole, expressly 
                advocates the election or defeat of a clearly 
                identified candidate, or is the functional equivalent 
                of express advocacy because it can be interpreted by a 
                reasonable person only as advocating the election or 
                defeat of a candidate, taking into account whether the 
                communication involved mentions a candidacy, a 
                political party, or a challenger to a candidate, or 
                takes a position on a candidate's character, 
                qualifications, or fitness for office; and''.
    (b) Uniform 24-Hour Reporting For Persons Making Independent 
Expenditures Exceeding $10,000 at Any Time.--Section 304(g) of such Act 
(2 U.S.C. 434(g)) is amended by striking paragraphs (1) and (2) and 
inserting the following:
            ``(1) Independent expenditures exceeding threshold 
        amount.--
                    ``(A) Initial report.--A person (including a 
                political committee) that makes or contracts to make 
                independent expenditures in an aggregate amount equal 
                to or greater than the threshold amount described in 
                paragraph (2) shall electronically file a report 
                describing the expenditures within 24 hours.
                    ``(B) Additional reports.--After a person files a 
                report under subparagraph (A), the person shall 
                electronically file an additional report within 24 
                hours after each time the person makes or contracts to 
                make independent expenditures in an aggregate amount 
                equal to or greater than the threshold amount with 
                respect to the same election as that to which the 
                initial report relates.
            ``(2) Threshold amount described.--In paragraph (1), the 
        `threshold amount' means--
                    ``(A) during the period up to and including the 
                20th day before the date of an election, $10,000; or
                    ``(B) during the period after the 20th day, but 
                more than 24 hours, before the date of an election, 
                $1,000.
            ``(3) Public availability.--Notwithstanding any other 
        provision of this section, the Commission shall ensure that the 
        information required to be disclosed under this subsection is 
        publicly available through the Commission website not later 
        than 24 hours after receipt in a manner that is downloadable in 
        bulk and machine readable.''.
    (c) Effective Date.--
            (1) In general.--The amendment made by subsection (a) shall 
        apply with respect to contributions and expenditures made on or 
        after the expiration of the 30-day period which begins on the 
        date of the enactment of this Act, without regard to whether or 
        not the Federal Election Commission has promulgated regulations 
        to carry out such amendments.
            (2) Reporting requirements.--The amendment made by 
        subsection (b) shall apply with respect to reports required to 
        be filed after the date of the enactment of this Act.

SEC. 202. ELECTIONEERING COMMUNICATIONS.

    (a) Expansion of Period Covering General Election.--Section 
304(f)(3)(A)(i)(II)(aa) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 434(f)(3)(A)(i)(II)(aa)) is amended by striking ``60 days'' and 
inserting ``120 days''.
    (b) Mandatory Electronic Filing.--Section 304(f)(1) of such Act (2 
U.S.C. 434(f)(1)) is amended--
            (1) by striking ``file with'' and inserting 
        ``electronically file with''; and
            (2) by adding at the end the following new sentence: 
        ``Notwithstanding any other provision of this section, the 
        Commission shall ensure that the information required to be 
        disclosed under this subsection is publicly available through 
        the Commission website not later than 24 hours after receipt in 
        a manner that is downloadable in bulk and machine readable.''.
    (c) Effective Date; Transition for Communications Made Prior to 
Enactment.--The amendment made by subsection (a) shall apply with 
respect to communications made on or after the date of the enactment of 
this Act, without regard to whether or not the Federal Election 
Commission has promulgated regulations to carry out such amendments, 
except that no communication which is made prior to the date of the 
enactment of this Act shall be treated as an electioneering 
communication under section 304(f)(3)(A)(i)(II) of the Federal Election 
Campaign Act of 1971 (as amended by subsection (a)) unless the 
communication would be treated as an electioneering communication under 
such section if the amendment made by subsection (a) did not apply.

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

    Section 304(d)(1) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 434(d)(1)) is amended--
            (1) by striking ``or (g)''; and
            (2) by adding at the end the following: ``Notwithstanding 
        any other provision of this section, any person who is required 
        to file a statement under subsection (f) or subsection (g) 
        shall file the statement in electronic form accessible by 
        computers, in a manner which ensures that the information 
        provided is searchable, sortable, and downloadable.''.

     Subtitle B--Expanded Requirements for Corporations and Other 
                             Organizations

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

    (a) Independent Expenditure Reports.--Section 304(g) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 434(g)) is amended by adding at 
the end the following new paragraph:
            ``(5) Disclosure of additional information by covered 
        organizations making payments for public independent 
        expenditures.--
                    ``(A) Additional information.--If a covered 
                organization makes or contracts to make public 
                independent expenditures in an aggregate amount equal 
                to or exceeding $10,000 in a calendar year, the report 
                filed by the organization under this subsection shall 
                include, in addition to the information required under 
                paragraph (3), the following information:
                            ``(i) If any person made a donation or 
                        payment to the covered organization during the 
                        covered organization reporting period which was 
                        provided for the purpose of being used for 
                        campaign-related activity or in response to a 
                        solicitation for funds to be used for campaign-
                        related activity--
                                    ``(I) subject to subparagraph (C), 
                                the identification of each person who 
                                made such donations or payments in an 
                                aggregate amount equal to or exceeding 
                                $600 during such period, presented in 
                                the order of the aggregate amount of 
                                donations or payments made by such 
                                persons during such period (with the 
                                identification of the person making the 
                                largest donation or payment appearing 
                                first); and
                                    ``(II) if any person identified 
                                under subclause (I) designated that the 
                                donation or payment be used for 
                                campaign-related activity with respect 
                                to a specific election or in support of 
                                a specific candidate, the name of the 
                                election or candidate involved, and if 
                                any such person designated that the 
                                donation or payment be used for a 
                                specific public independent 
                                expenditure, a description of the 
                                expenditure.
                            ``(ii) The identification of each person 
                        who made unrestricted donor payments to the 
                        organization during the covered organization 
                        reporting period--
                                    ``(I) in an aggregate amount equal 
                                to or exceeding $600 during such 
                                period, if any of the disbursements 
                                made by the organization for any of the 
                                public independent expenditures which 
                                are covered by the report were not made 
                                from the organization's Campaign-
                                Related Activity Account under section 
                                326; or
                                    ``(II) in an aggregate amount equal 
                                to or exceeding $6,000 during such 
                                period, if the disbursements made by 
                                the organization for all of the public 
                                independent expenditures which are 
                                covered by the report were made 
                                exclusively from the organization's 
                                Campaign-Related Activity Account under 
                                section 326 (but only if the 
                                organization has made deposits 
                                described in subparagraph (D) of 
                                section 326(a)(2) into that Account 
                                during such period in an aggregate 
                                amount equal to or greater than 
                                $10,000),
                        presented in the order of the aggregate amount 
                        of payments made by such persons during such 
                        period (with the identification of the person 
                        making the largest payment appearing first).
                    ``(B) Treatment of transfers made to other 
                persons.--
                            ``(i) In general.--For purposes of the 
                        requirement to file reports under this 
                        subsection (including the requirement under 
                        subparagraph (A) to include additional 
                        information in such reports), a covered 
                        organization which transfers amounts to another 
                        person (other than the covered organization 
                        itself) for the purpose of making a public 
                        independent expenditure by that person or by 
                        any other person, or (in accordance with clause 
                        (ii)) which is deemed to have transferred 
                        amounts to another person (other than the 
                        covered organization itself) for the purpose of 
                        making a public independent expenditure by that 
                        person or by any other person, shall be 
                        considered to have made a public independent 
                        expenditure.
                            ``(ii) Rules for deeming transfers made for 
                        purpose of making expenditures.--For purposes 
                        of clause (i), in determining whether a covered 
                        organization or any other person who transfers 
                        amounts to another person shall be deemed to 
                        have transferred the amounts for the purpose of 
                        making a public independent expenditure, the 
                        following rules apply:
                                    ``(I) The person shall be deemed to 
                                have transferred the amounts for the 
                                purpose of making a public independent 
                                expenditure if--
                                            ``(aa) the person 
                                        designates, requests, or 
                                        suggests that the amounts be 
                                        used for public independent 
                                        expenditures and the person to 
                                        whom the amounts were 
                                        transferred agrees to do so or 
                                        does so;
                                            ``(bb) the person making 
                                        the public independent 
                                        expenditure or another person 
                                        acting on that person's behalf 
                                        expressly solicited the person 
                                        for a donation or payment for 
                                        making or paying for any public 
                                        independent expenditures;
                                            ``(cc) the person and the 
                                        person to whom the amounts were 
                                        transferred engaged in 
                                        substantial written or oral 
                                        discussion regarding the person 
                                        either making, or donating or 
                                        paying for, any public 
                                        independent expenditures;
                                            ``(dd) the person or the 
                                        person to whom the amounts were 
                                        transferred knew or had reason 
                                        to know of the covered 
                                        organization's intent to make 
                                        public independent 
                                        expenditures; or
                                            ``(ee) the person or the 
                                        person to whom the amounts were 
                                        transferred made a public 
                                        independent expenditure during 
                                        the 2-year period which ends on 
                                        the date on which the amounts 
                                        were transferred.
                                    ``(II) The person shall not be 
                                deemed to have transferred the amounts 
                                for the purpose of making a public 
                                independent expenditure if the transfer 
                                was a commercial transaction occurring 
                                in the ordinary course of business 
                                between the person and the person to 
                                whom the amounts were transferred, 
                                unless there is affirmative evidence 
                                that the amounts were transferred for 
                                the purpose of making a public 
                                independent expenditure.
                    ``(C) Exclusion of amounts designated for other 
                campaign-related activity.--For purposes of 
                subparagraph (A)(i), in determining the amount of a 
                donation or payment made by a person which was provided 
                for the purpose of being used for campaign-related 
                activity or in response to a solicitation for funds to 
                be used for campaign-related activity, there shall be 
                excluded any amount which was designated by the person 
                to be used--
                            ``(i) for campaign-related activity 
                        described in clause (i) of section 325(d)(2)(A) 
                        (relating to independent expenditures) with 
                        respect to a different election, or with 
                        respect to a candidate in a different election, 
                        than an election which is the subject of any of 
                        the public independent expenditures covered by 
                        the report involved; or
                            ``(ii) for any campaign-related activity 
                        described in clause (ii) of section 
                        325(d)(2)(A) (relating to electioneering 
                        communications).
                    ``(D) Exclusion of amounts paid from separate 
                segregated fund.--In determining the amount of public 
                independent expenditures made by a covered organization 
                for purposes of this paragraph, there shall be excluded 
                any amounts paid from a separate segregated fund 
                established and administered by the organization under 
                section 316(b)(2)(C).
                    ``(E) Covered organization reporting period 
                described.--In this paragraph, the `covered 
                organization reporting period' is, with respect to a 
                report filed by a covered organization under this 
                subsection--
                            ``(i) in the case of the first report filed 
                        by a covered organization under this subsection 
                        which includes information required under this 
                        paragraph, the shorter of--
                                    ``(I) the period which begins on 
                                the effective date of the Democracy is 
                                Strengthened by Casting Light on 
                                Spending in Elections Act and ends on 
                                the last day covered by the report, or
                                    ``(II) the 12-month period ending 
                                on the last day covered by the report; 
                                and
                            ``(ii) in the case of any subsequent report 
                        filed by a covered organization under this 
                        subsection which includes information required 
                        under this paragraph, the period occurring 
                        since the most recent report filed by the 
                        organization which includes such information.
                    ``(F) Covered organization defined.--In this 
                paragraph, the term `covered organization' means any of 
                the following:
                            ``(i) Any corporation which is subject to 
                        section 316(a).
                            ``(ii) Any labor organization (as defined 
                        in section 316).
                            ``(iii) Any organization described in 
                        paragraph (4), (5), or (6) of section 501(c) of 
                        the Internal Revenue Code of 1986 and exempt 
                        from tax under section 501(a) of such Code.
                            ``(iv) Any political organization under 
                        section 527 of the Internal Revenue Code of 
                        1986, other than a political committee under 
                        this Act.
                    ``(G) Other definitions.--In this paragraph--
                            ``(i) the terms `campaign-related activity' 
                        and `unrestricted donor payment' have the 
                        meaning given such terms in section 325; and
                            ``(ii) the term `public independent 
                        expenditure' means an independent expenditure 
                        for a public communication (as defined in 
                        section 301(22)).''.
    (b) Electioneering Communication Reports.--
            (1) In general.--Section 304(f) of such Act (2 U.S.C. 
        434(f)) is amended--
                    (A) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8); and
                    (B) by inserting after paragraph (5) the end the 
                following new paragraph:
            ``(6) Disclosure of additional information by covered 
        organizations.--
                    ``(A) Additional information.--If a covered 
                organization files a statement under this subsection, 
                the statement shall include, in addition to the 
                information required under paragraph (2), the following 
                information:
                            ``(i) If any person made a donation or 
                        payment to the covered organization during the 
                        covered organization reporting period which was 
                        provided for the purpose of being used for 
                        campaign-related activity or in response to a 
                        solicitation for funds to be used for campaign-
                        related activity--
                                    ``(I) subject to subparagraph (C), 
                                the identification of each person who 
                                made such donations or payments in an 
                                aggregate amount equal to or exceeding 
                                $1,000 during such period, presented in 
                                the order of the aggregate amount of 
                                donations or payments made by such 
                                persons during such period (with the 
                                identification of the person making the 
                                largest donation or payment appearing 
                                first); and
                                    ``(II) if any person identified 
                                under subclause (I) designated that the 
                                donation or payment be used for 
                                campaign-related activity with respect 
                                to a specific election or in support of 
                                a specific candidate, the name of the 
                                election or candidate involved, and if 
                                any such person designated that the 
                                donation or payment be used for a 
                                specific electioneering communication, 
                                a description of the communication.
                            ``(ii) The identification of each person 
                        who made unrestricted donor payments to the 
                        organization during the covered organization 
                        reporting period--
                                    ``(I) in an aggregate amount equal 
                                to or exceeding $1,000 during such 
                                period, if any of the disbursements 
                                made by the organization for any of the 
                                electioneering communications which are 
                                covered by the statement were not made 
                                from the organization's Campaign-
                                Related Activity Account under section 
                                326; or
                                    ``(II) in an aggregate amount equal 
                                to or exceeding $10,000 during such 
                                period, if the disbursements made by 
                                the organization for all of the 
                                electioneering communications which are 
                                covered by the statement were made 
                                exclusively from the organization's 
                                Campaign-Related Activity Account under 
                                section 326 (but only if the 
                                organization has made deposits 
                                described in subparagraph (D) of 
                                section 326(a)(2) into that Account 
                                during such period in an aggregate 
                                amount equal to or greater than 
                                $10,000),
                        presented in the order of the aggregate amount 
                        of payments made by such persons during such 
                        period (with the identification of the person 
                        making the largest payment appearing first).
                    ``(B) Treatment of transfers made to other 
                persons.--
                            ``(i) In general.--For purposes of the 
                        requirement to file statements under this 
                        subsection (including the requirement under 
                        subparagraph (A) to include additional 
                        information in such statements), a covered 
                        organization which transfers amounts to another 
                        person (other than the covered organization 
                        itself) for the purpose of making an 
                        electioneering communication by that person or 
                        by any other person, or (in accordance with 
                        clause (ii)) which is deemed to have 
                        transferred amounts to another person (other 
                        than the covered organization itself) for the 
                        purpose of making an electioneering 
                        communication by that person or by any other 
                        person, shall be considered to have made a 
                        disbursement for an electioneering 
                        communication.
                            ``(ii) Rules for deeming transfers made for 
                        purpose of making communications.--For purposes 
                        of clause (i), in determining whether a covered 
                        organization or any other person who transfers 
                        amounts to another person shall be deemed to 
                        have transferred the amounts for the purpose of 
                        making an electioneering communication, the 
                        following rules apply:
                                    ``(I) The person shall be deemed to 
                                have transferred the amounts for the 
                                purpose of making an electioneering 
                                communication if--
                                            ``(aa) the person 
                                        designates, requests, or 
                                        suggests that the amounts be 
                                        used for electioneering 
                                        communications and the person 
                                        to whom the amounts were 
                                        transferred agrees to do so or 
                                        does so;
                                            ``(bb) the person making 
                                        the electioneering 
                                        communication or another person 
                                        acting on that person's behalf 
                                        expressly solicited the person 
                                        for a donation or payment for 
                                        making or paying for any 
                                        electioneering communications;
                                            ``(cc) the person and the 
                                        person to whom the amounts were 
                                        transferred engaged in 
                                        substantial written or oral 
                                        discussion regarding the person 
                                        either making, or donating or 
                                        paying for, any electioneering 
                                        communications;
                                            ``(dd) the person or the 
                                        person to whom the amounts were 
                                        transferred knew or had reason 
                                        to know of the covered 
                                        organization's intent to make 
                                        electioneering communications; 
                                        or
                                            ``(ee) the person or the 
                                        person to whom the amounts were 
                                        transferred made an 
                                        electioneering communication 
                                        during the 2-year period which 
                                        ends on the date on which the 
                                        amounts were transferred.
                                    ``(II) The person shall not be 
                                considered to have transferred the 
                                amounts for the purpose of making an 
                                electioneering communication if the 
                                transfer was a commercial transaction 
                                occurring in the ordinary course of 
                                business between the person and the 
                                person to whom the amounts were 
                                transferred, unless there is 
                                affirmative evidence that the amounts 
                                were transferred for the purpose of 
                                making an electioneering communication.
                    ``(C) Exclusion of amounts designated for other 
                campaign-related activity.--For purposes of 
                subparagraph (A)(i), in determining the amount of a 
                donation or payment made by a person which was provided 
                for the purpose of being used for campaign-related 
                activity or in response to a solicitation for funds to 
                be used for campaign-related activity, there shall be 
                excluded any amount which was designated by the person 
                to be used--
                            ``(i) for campaign-related activity 
                        described in clause (ii) of section 
                        325(d)(2)(A) (relating to electioneering 
                        communications) with respect to a different 
                        election, or with respect to a candidate in a 
                        different election, than an election which is 
                        the subject of any of the electioneering 
                        communications covered by the statement 
                        involved; or
                            ``(ii) for any campaign-related activity 
                        described in clause (i) of section 325(d)(2)(A) 
                        (relating to independent expenditures 
                        consisting of a public communication).
                    ``(D) Covered organization reporting period 
                described.--In this paragraph, the `covered 
                organization reporting period' is, with respect to a 
                statement filed by a covered organization under this 
                subsection--
                            ``(i) in the case of the first statement 
                        filed by a covered organization under this 
                        subsection which includes information required 
                        under this paragraph, the shorter of--
                                    ``(I) the period which begins on 
                                the effective date of the Democracy is 
                                Strengthened by Casting Light on 
                                Spending in Elections Act and ends on 
                                the disclosure date for the statement, 
                                or
                                    ``(II) the 12-month period ending 
                                on the disclosure date for the 
                                statement; and
                            ``(ii) in the case of any subsequent 
                        statement filed by a covered organization under 
                        this subsection which includes information 
                        required under this paragraph, the period 
                        occurring since the most recent statement filed 
                        by the organization which includes such 
                        information.
                    ``(E) Covered organization defined.--In this 
                paragraph, the term `covered organization' means any of 
                the following:
                            ``(i) Any corporation which is subject to 
                        section 316(a).
                            ``(ii) Any labor organization (as defined 
                        in section 316).
                            ``(iii) Any organization described in 
                        paragraph (4), (5), or (6) of section 501(c) of 
                        the Internal Revenue Code of 1986 and exempt 
                        from tax under section 501(a) of such Code.
                            ``(iv) Any political organization under 
                        section 527 of the Internal Revenue Code of 
                        1986, other than a political committee under 
                        this Act.
                    ``(F) Other definitions.--In this paragraph, the 
                terms `campaign-related activity' and `unrestricted 
                donor payment' have the meaning given such terms in 
                section 325.''.
            (2) Conforming amendment.--Section 304(2) of such Act (2 
        U.S.C. 434(f)(2)) is amended by striking ``If the 
        disbursements'' each place it appears in subparagraph (E) and 
        (F) and inserting the following: ``Except in the case of a 
        statement which is required to include additional information 
        under paragraph (6), if the disbursements''.

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

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

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

    ``(a) Use of Funds for Campaign-Related Activity.--
            ``(1) In general.--Subject to any applicable restrictions 
        and prohibitions under this Act, a covered organization may 
        make disbursements for campaign-related activity using--
                    ``(A) amounts paid or donated to the organization 
                which are designated by the person providing the 
                amounts to be used for campaign-related activity;
                    ``(B) unrestricted donor payments made to the 
                organization; and
                    ``(C) other funds of the organization, including 
                amounts received pursuant to commercial activities in 
                the regular course of a covered organization's 
                business.
            ``(2) No effect on use of separate segregated fund.--
        Nothing in this section shall be construed to affect the 
        authority of a covered organization to make disbursements from 
        a separate segregated fund established and administered by the 
        organization under section 316(b)(2)(C).
    ``(b) Mutually Agreed Restrictions on Use of Funds for Campaign-
Related Activity.--
            ``(1) Agreement and certification.--If a covered 
        organization and a person mutually agree, at the time the 
        person makes a donation, payment, or transfer to the 
        organization which would require the organization to disclose 
        the person's identification under section 304(g)(5)(A)(ii) or 
        section 304(f)(6)(A)(ii), that the organization will not use 
        the donation, payment, or transfer for campaign-related 
        activity, then not later than 30 days after the organization 
        receives the donation, payment, or transfer the organization 
        shall transmit to the person a written certification by the 
        chief financial officer of the covered organization (or, if the 
        organization does not have a chief financial officer, the 
        highest ranking financial official of the organization) that--
                    ``(A) the organization will not use the donation, 
                payment, or transfer for campaign-related activity; and
                    ``(B) the organization will not include any 
                information on the person in any report filed by the 
                organization under section 304 with respect to 
                independent expenditures or electioneering 
                communications, so that the person will not be required 
                to appear in a significant funder statement or a Top 5 
                Funders list under section 318(e).
            ``(2) Exception for payments made pursuant to commercial 
        activities.--Paragraph (1) does not apply with respect to any 
        payment or transfer made pursuant to commercial activities in 
        the regular course of a covered organization's business.
    ``(c) Certifications Regarding Disbursements for Campaign-Related 
Activity.--
            ``(1) Certification by chief executive officer.--If, at any 
        time during a calendar quarter, a covered organization makes a 
        disbursement of funds for campaign-related activity using funds 
        described in subsection (a)(1), the chief executive officer of 
        the covered organization or the chief executive officer's 
        designee (or, if the organization does not have a chief 
        executive officer, the highest ranking official of the 
        organization or the highest ranking official's designee) shall 
        file a statement with the Commission which contains the 
        following certifications:
                    ``(A) None of the campaign-related activity for 
                which the organization disbursed the funds during the 
                quarter was made in cooperation, consultation, or 
                concert with, or at the request or suggestion of, any 
                candidate or any authorized committee or agent of such 
                candidate, or political committee of a political party 
                or agent of any political party.
                    ``(B) The chief executive officer or highest 
                ranking official of the covered organization (as the 
                case may be) has reviewed and approved each statement 
                and report filed by the organization under section 304 
                with respect to any such disbursement made during the 
                quarter.
                    ``(C) Each statement and report filed by the 
                organization under section 304 with respect to any such 
                disbursement made during the quarter is complete and 
                accurate.
                    ``(D) All such disbursements made during the 
                quarter are in compliance with this Act.
                    ``(E) No portion of the amounts used to make any 
                such disbursements during the quarter is attributable 
                to funds received by the organization that were 
                restricted by the person who provided the funds from 
                being used for campaign-related activity pursuant to 
                subsection (b).
            ``(2) Application of electronic filing rules.--Section 
        304(d)(1) shall apply with respect to a statement required 
        under this subsection in the same manner as such section 
        applies with respect to a statement under subsection (c) or (g) 
        of section 304.
            ``(3) Deadline.--The chief executive officer or highest 
        ranking official of a covered organization (as the case may be) 
        shall file the statement required under this subsection with 
        respect to a calendar quarter not later than 15 days after the 
        end of the quarter.
    ``(d) Definitions.--For purposes of this section, the following 
definitions apply:
            ``(1) Covered organization.--The term `covered 
        organization' means any of the following:
                    ``(A) Any corporation which is subject to section 
                316(a).
                    ``(B) Any labor organization (as defined in section 
                316).
                    ``(C) Any organization described in paragraph (4), 
                (5), or (6) of section 501(c) of the Internal Revenue 
                Code of 1986 and exempt from tax under section 501(a) 
                of such Code.
                    ``(D) Any political organization under section 527 
                of the Internal Revenue Code of 1986, other than a 
                political committee under this Act.
            ``(2) Campaign-related activity.--
                    ``(A) In general.--The term `campaign-related 
                activity' means--
                            ``(i) an independent expenditure consisting 
                        of a public communication (as defined in 
                        section 301(22)), a transfer of funds to 
                        another person (other than the transferor 
                        itself) for the purpose of making such an 
                        independent expenditure by that person or by 
                        any other person, or (in accordance with 
                        subparagraph (B)) a transfer of funds to 
                        another person (other than the transferor 
                        itself) which is deemed to have been made for 
                        the purpose of making such an independent 
                        expenditure by that person or by any other 
                        person; or
                            ``(ii) an electioneering communication, a 
                        transfer of funds to another person (other than 
                        the transferor itself) for the purpose of 
                        making an electioneering communication by that 
                        person or by any other person, or (in 
                        accordance with subparagraph (B)) a transfer of 
                        funds to another person (other than the 
                        transferor itself)which is deemed to have been 
                        made for the purpose of making an 
                        electioneering communication by that person or 
                        by any other person.
                    ``(B) Rule for deeming transfers made for purpose 
                of campaign-related activity.--For purposes of 
                subparagraph (A), in determining whether a transfer of 
                funds by one person to another person shall be deemed 
                to have been made for the purpose of making an 
                independent expenditure consisting of a public 
                communication or an electioneering communication, the 
                following rules apply:
                            ``(i) The transfer shall be deemed to have 
                        been made for the purpose of making such an 
                        independent expenditure or an electioneering 
                        communication if--
                                    ``(I) the person designates, 
                                requests, or suggests that the amounts 
                                be used for such independent 
                                expenditures or electioneering 
                                communications and the person to whom 
                                the amounts were transferred agrees to 
                                do so or does so;
                                    ``(II) the person making such 
                                independent expenditures or 
                                electioneering communications or 
                                another person acting on that person's 
                                behalf expressly solicited the person 
                                for a donation or payment for making or 
                                paying for any such independent 
                                expenditure or electioneering 
                                communication;
                                    ``(III) the person and the person 
                                to whom the amounts were transferred 
                                engaged in substantial written or oral 
                                discussion regarding the person either 
                                making, or donating or paying for, such 
                                independent expenditures or 
                                electioneering communications;
                                    ``(IV) the person or the person to 
                                whom the amounts were transferred knew 
                                or had reason to know of the covered 
                                organization's intent to disburse funds 
                                for such independent expenditures or 
                                electioneering communications; or
                                    ``(V) the person or the person to 
                                whom the amounts were transferred made 
                                such an independent expenditure or 
                                electioneering communication during the 
                                2-year period which ends on the date on 
                                which the amounts were transferred.
                            ``(ii) The transfer shall not be deemed to 
                        have been made for the purpose of making such 
                        an independent expenditure or an electioneering 
                        communication if the transfer was a commercial 
                        transaction occurring in the ordinary course of 
                        business between the person and the person to 
                        whom the amounts were transferred, unless there 
                        is affirmative evidence that the amounts were 
                        transferred for the purpose of making such an 
                        independent expenditure or electioneering 
                        communication.
            ``(3) Unrestricted donor payment.--The term `unrestricted 
        donor payment' means a payment to a covered organization which 
        consists of a donation or payment from a person other than the 
        covered organization, except that such term does not include--
                    ``(A) any payment made pursuant to commercial 
                activities in the regular course of a covered 
                organization's business; or
                    ``(B) any donation or payment which is designated 
                by the person making the donation or payment to be used 
                for campaign-related activity or made in response to a 
                solicitation for funds to be used for campaign-related 
                activity.''.

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

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

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

    ``(a) Optional Use of Separate Account.--
            ``(1) Establishment of account.--
                    ``(A) In general.--At its option, a covered 
                organization may make disbursements for campaign-
                related activity using amounts from a bank account 
                established and controlled by the organization to be 
                known as the Campaign-Related Activity Account 
                (hereafter in this section referred to as the 
                `Account'), which shall be maintained separately from 
                all other accounts of the organization and which shall 
                consist exclusively of the deposits described in 
                paragraph (2).
                    ``(B) Mandatory use of account after 
                establishment.--If a covered organization establishes 
                an Account under this section, it may not make 
                disbursements for campaign-related activity from any 
                source other than amounts from the Account.
                    ``(C) Exclusive use of account for campaign-related 
                activity.--Amounts in the Account shall be used 
                exclusively for disbursements by the covered 
                organization for campaign-related activity. After such 
                disbursements are made, information with respect to 
                deposits made to the Account shall be disclosed in 
                accordance with section 304(g)(5) or section 304(f)(6).
            ``(2) Deposits described.--The deposits described in this 
        paragraph are deposits of the following amounts:
                    ``(A) Amounts donated or paid to the covered 
                organization by a person other than the organization 
                for the purpose of being used for campaign-related 
                activity, and for which the person providing the 
                amounts has designated that the amounts be used for 
                campaign-related activity with respect to a specific 
                election or specific candidate.
                    ``(B) Amounts donated or paid to the covered 
                organization by a person other than the organization 
                for the purpose of being used for campaign-related 
                activity, and for which the person providing the 
                amounts has not designated that the amounts be used for 
                campaign-related activity with respect to a specific 
                election or specific candidate.
                    ``(C) Amounts donated or paid to the covered 
                organization by a person other than the organization in 
                response to a solicitation for funds to be used for 
                campaign-related activity.
                    ``(D) Amounts transferred to the Account by the 
                covered organization from other accounts of the 
                organization, including from the organization's general 
                treasury funds.
            ``(3) No treatment as political committee.--The 
        establishment and administration of an Account in accordance 
        with this subsection shall not by itself be treated as the 
        establishment or administration of a political committee for 
        any purpose of this Act.
    ``(b) Reduction in Amounts Otherwise Available for Account in 
Response to Demand of General Donors.--
            ``(1) In general.--If a covered organization which has 
        established an Account obtains any revenues during a year which 
        are attributable to a donation or payment from a person other 
        than the covered organization, and if any person who makes such 
        a donation or payment to the organization notifies the 
        organization in writing (at the time of making the donation or 
        payment) that the organization may not use the donation or 
        payment for campaign-related activity, the organization shall 
        reduce the amount of its revenues available for deposits to the 
        Account which are described in subsection (a)(3)(D) during the 
        year by the amount of the donation or payment.
            ``(2) Exception.--Paragraph (1) does not apply with respect 
        to any payment made pursuant to commercial activities in the 
        regular course of a covered organization's business.
    ``(c) Covered Organization Defined.--In this section, the term 
`covered organization' means any of the following:
            ``(1) Any corporation which is subject to section 316(a).
            ``(2) Any labor organization (as defined in section 316).
            ``(3) Any organization described in paragraph (4), (5), or 
        (6) of section 501(c) of the Internal Revenue Code of 1986 and 
        exempt from tax under section 501(a) of such Code.
            ``(4) Any political organization under section 527 of the 
        Internal Revenue Code of 1986, other than a political committee 
        under this Act.
    ``(d) Campaign-Related Activity Defined.--In this section, the term 
`campaign-related activity' has the meaning given such term in section 
325.''.

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

    (a) Applying Requirements to All Independent Expenditure 
Communications.--Section 318(a) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 441d(a)) is amended by striking ``for the purpose of 
financing communications expressly advocating the election or defeat of 
a clearly identified candidate'' and inserting ``for an independent 
expenditure consisting of a public communication''.
    (b) Stand by Your Ad Requirements.--
            (1) Maintenance of existing requirements for communications 
        by political parties and other political committees.--Section 
        318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is amended--
                    (A) in the heading, by striking ``others'' and 
                inserting ``political committees'';
                    (B) by striking ``subsection (a)'' and inserting 
                ``subsection (a) which is paid for by a political 
                committee (including a political committee of a 
                political party), other than a political committee 
                which makes only electioneering communications or 
                independent expenditures consisting of public 
                communications,''; and
                    (C) by striking ``or other person'' each place it 
                appears.
            (2) Special disclaimer requirements for certain 
        communications.--Section 318 of such Act (2 U.S.C. 441d) is 
        amended by adding at the end the following new subsection:
    ``(e) Communications by Others.--
            ``(1) In general.--Any communication described in paragraph 
        (3) of subsection (a) which is transmitted through radio or 
        television (other than a communication to which subsection 
        (d)(2) applies because the communication is paid for by a 
        political committee, including a political committee of a 
        political party, other than a political committee which makes 
        only electioneering communications or independent expenditures 
        consisting of public communications) shall include, in addition 
        to the requirements of that paragraph, the following:
                    ``(A) The individual disclosure statement described 
                in paragraph (2) (if the person paying for the 
                communication is an individual) or the organizational 
                disclosure statement described in paragraph (3) (if the 
                person paying for the communication is not an 
                individual).
                    ``(B) If the communication is an electioneering 
                communication or an independent expenditure consisting 
                of a public communication and is paid for in whole or 
                in part with a payment which is treated as a 
                disbursement by a covered organization for campaign-
                related activity under section 325, the significant 
                funder disclosure statement described in paragraph (4) 
                (if applicable), unless, on the basis of criteria 
                established in regulations promulgated by the 
                Commission, the communication is of such short duration 
                that including the statement in the communication would 
                constitute a hardship to the person paying for the 
                communication by requiring a disproportionate amount of 
                the communication's content to consist of the 
                statement.
                    ``(C) If the communication is an electioneering 
                communication or an independent expenditure consisting 
                of a public communication and is paid for in whole or 
                in part with a payment which is treated as a 
                disbursement by a covered organization for campaign-
                related activity under section 325, the Top Five 
                Funders list described in paragraph (5) (if 
                applicable), unless, on the basis of criteria 
                established in regulations promulgated by the 
                Commission, the communication is of such short duration 
                that including the Top Five Funders list in the 
                communication would constitute a hardship to the person 
                paying for the communication by requiring a 
                disproportionate amount of the communication's content 
                to consist of the Top Five Funders list.
            ``(2) Individual disclosure statement described.--The 
        individual disclosure statement described in this paragraph is 
        the following: `I am _______, and I approve this message.', 
        with the blank filled in with the name of the applicable 
        individual.
            ``(3) Organizational disclosure statement described.--The 
        organizational disclosure statement described in this paragraph 
        is the following: `I am _______, the _______ of _______, and 
        _______ approves this message.', with--
                    ``(A) the first blank to be filled in with the name 
                of the applicable individual;
                    ``(B) the second blank to be filled in with the 
                title of the applicable individual; and
                    ``(C) the third and fourth blank each to be filled 
                in with the name of the organization or other person 
                paying for the communication.
            ``(4) Significant funder disclosure statement described.--
                    ``(A) Statement if significant funder is an 
                individual.--If the significant funder of a 
                communication paid for in whole or in part with a 
                payment which is treated as a disbursement by a covered 
                organization for campaign-related activity under 
                section 325 is an individual, the significant funder 
                disclosure statement described in this paragraph is the 
                following: `I am _______. I helped to pay for this 
                message, and I approve it.', with the blank filled in 
                with the name of the applicable individual.
                    ``(B) Statement if significant funder is not an 
                individual.--If the significant funder of a 
                communication paid for in whole or in part with a 
                payment which is treated as a disbursement by a covered 
                organization for campaign-related activity under 
                section 325 is not an individual, the significant 
                funder disclosure statement described in this paragraph 
                is the following: `I am _______, the _______ of 
                _______. _______ helped to pay for this message, and 
                _______ approves it.', with--
                            ``(i) the first blank to be filled in with 
                        the name of the applicable individual;
                            ``(ii) the second blank to be filled in 
                        with the title of the applicable individual; 
                        and
                            ``(iii) the third, fourth, and fifth blank 
                        each to be filled in with the name of the 
                        significant funder of the communication.
                    ``(C) Significant funder defined.--
                            ``(i) Independent expenditures.--For 
                        purposes of this paragraph, the `significant 
                        funder' with respect to an independent 
                        expenditure consisting of a public 
                        communication paid for in whole or in part with 
                        a payment which is treated as a disbursement by 
                        a covered organization for campaign-related 
                        activity under section 325 shall be determined 
                        as follows:
                                    ``(I) If any report filed by any 
                                organization with respect to the 
                                independent expenditure under section 
                                304 includes information on any person 
                                who made a payment to the organization 
                                in an amount equal to or exceeding 
                                $100,000 which was designated by the 
                                person to be used for campaign-related 
                                activity consisting of that specific 
                                independent expenditure (as required to 
                                be included in the report under section 
                                304(g)(5)(A)(i)), the person who is 
                                identified among all such reports as 
                                making the largest such payment.
                                    ``(II) If any report filed by any 
                                organization with respect to the 
                                independent expenditure under section 
                                304 includes information on any person 
                                who made a payment to the organization 
                                in an amount equal to or exceeding 
                                $100,000 which was designated by the 
                                person to be used for campaign-related 
                                activity with respect to the same 
                                election or in support of the same 
                                candidate (as required to be included 
                                in the report under section 
                                304(g)(5)(A)(i)) but subclause (I) does 
                                not apply, the person who is identified 
                                among all such reports as making the 
                                largest such payment.
                                    ``(III) If any report filed by any 
                                organization with respect to the 
                                independent expenditure under section 
                                304 includes information on any person 
                                who made a payment to the organization 
                                which was provided for the purpose of 
                                being used for campaign-related 
                                activity or in response to a 
                                solicitation for funds to be used for 
                                campaign-related activity (as required 
                                to be included in the report under 
                                section 304(g)(5)(A)(i)) but subclause 
                                (I) or subclause (II) does not apply, 
                                the person who is identified among all 
                                such reports as making the largest such 
                                payment.
                                    ``(IV) If none of the reports filed 
                                by any organization with respect to the 
                                independent expenditure under section 
                                304 includes information on any person 
                                (other than the organization) who made 
                                a payment to the organization which was 
                                provided for the purpose of being used 
                                for campaign-related activity or in 
                                response to a solicitation for funds to 
                                be used for campaign-related activity, 
                                but any of such reports includes 
                                information on any person who made an 
                                unrestricted donor payment to the 
                                organization (as required to be 
                                included in the report under section 
                                304(g)(5)(A)(ii)), the person who is 
                                identified among all such reports as 
                                making the largest such unrestricted 
                                donor payment.
                            ``(ii) Electioneering communications.--For 
                        purposes of this paragraph, the `significant 
                        funder' with respect to an electioneering 
                        communication paid for in whole or in part with 
                        a payment which is treated as a disbursement by 
                        a covered organization for campaign-related 
                        activity under section 325, shall be determined 
                        as follows:
                                    ``(I) If any report filed by any 
                                organization with respect to the 
                                electioneering communication under 
                                section 304 includes information on any 
                                person who made a payment to the 
                                organization in an amount equal to or 
                                exceeding $100,000 which was designated 
                                by the person to be used for campaign-
                                related activity consisting of that 
                                specific electioneering communication 
                                (as required to be included in the 
                                report under section 304(f)(6)(A)(i)), 
                                the person who is identified among all 
                                such reports as making the largest such 
                                payment.
                                    ``(II) If any report filed by any 
                                organization with respect to the 
                                electioneering communication under 
                                section 304 includes information on any 
                                person who made a payment to the 
                                organization in an amount equal to or 
                                exceeding $100,000 which was designated 
                                by the person to be used for campaign-
                                related activity with respect to the 
                                same election or in support of the same 
                                candidate (as required to be included 
                                in the report under section 
                                304(f)(6)(A)(i)) but subclause (I) does 
                                not apply, the person who is identified 
                                among all such reports as making the 
                                largest such payment.
                                    ``(III) If any report filed by any 
                                organization with respect to the 
                                electioneering communication under 
                                section 304 includes information on any 
                                person who made a payment to the 
                                organization which was provided for the 
                                purpose of being used for campaign-
                                related activity or in response to a 
                                solicitation for funds to be used for 
                                campaign-related activity (as required 
                                to be included in the report under 
                                section 304(f)(6)(A)(i)) but subclause 
                                (I) or subclause (II) does not apply, 
                                the person who is identified among all 
                                such reports as making the largest such 
                                payment.
                                    ``(IV) If none of the reports filed 
                                by any organization with respect to the 
                                electioneering communication under 
                                section 304 includes information on any 
                                person who made a payment to the 
                                organization which was provided for the 
                                purpose of being used for campaign-
                                related activity or in response to a 
                                solicitation for funds to be used for 
                                campaign-related activity, but any of 
                                such reports includes information on 
                                any person who made an unrestricted 
                                donor payment to the organization (as 
                                required to be included in the report 
                                under section 304(f)(6)(A)(ii)), the 
                                person who is identified among all such 
                                reports as making the largest such 
                                unrestricted donor payment.
            ``(5) Top 5 funders list described.--With respect to a 
        communication paid for in whole or in part with a payment which 
        is treated as a disbursement by a covered organization for 
        campaign-related activity under section 325, the Top 5 Funders 
        list described in this paragraph is--
                    ``(A) in the case of a disbursement for an 
                independent expenditure consisting of a public 
                communication, a list of the 5 persons (or, in the case 
                of a communication transmitted through radio, the 2 
                persons) who provided the largest payments of any type 
                which are required under section 304(g)(5)(A) to be 
                included in the reports filed by any organization with 
                respect to that independent expenditure under section 
                304, together with the amount of the payments each such 
                person provided; or
                    ``(B) in the case of a disbursement for an 
                electioneering communication, a list of the 5 persons 
                (or, in the case of a communication transmitted through 
                radio, the 2 persons) who provided the largest payments 
                of any type which are required under section 
                304(f)(6)(A) to be included in the reports filed by any 
                organization with respect to that electioneering 
                communication under section 304, together with the 
                amount of the payments each such person provided.
            ``(6) Method of conveyance of statement.--
                    ``(A) Communications transmitted through radio.--In 
                the case of a communication to which this subsection 
                applies which is transmitted through radio, the 
                disclosure statements required under paragraph (1) 
                shall be made by audio by the applicable individual in 
                a clearly spoken manner.
                    ``(B) Communications transmitted through 
                television.--In the case of a communication to which 
                this subsection applies which is transmitted through 
                television, the information required under paragraph 
                (1)--
                            ``(i) shall appear in writing at the end of 
                        the communication in a clearly readable manner, 
                        with a reasonable degree of color contrast 
                        between the background and the printed 
                        statement, for a period of at least 6 seconds; 
                        and
                            ``(ii) except in the case of a Top 5 
                        Funders list described in paragraph (5), shall 
                        also be conveyed by an unobscured, full-screen 
                        view of the applicable individual, or by the 
                        applicable individual making the statement in 
                        voice-over accompanied by a clearly 
                        identifiable photograph or similar image of the 
                        individual.
            ``(7) Applicable individual defined.--In this subsection, 
        the term `applicable individual' means, with respect to a 
        communication to which this paragraph applies--
                    ``(A) if the communication is paid for by an 
                individual or if the significant funder of the 
                communication under paragraph (4) is an individual, the 
                individual involved;
                    ``(B) if the communication is paid for by a 
                corporation or if the significant funder of the 
                communication under paragraph (4) is a corporation, the 
                chief executive officer of the corporation (or, if the 
                corporation does not have a chief executive officer, 
                the highest ranking official of the corporation);
                    ``(C) if the communication is paid for by a labor 
                organization or if the significant funder of the 
                communication under paragraph (4) is a labor 
                organization, the highest ranking officer of the labor 
                organization; or
                    ``(D) if the communication is paid for by any other 
                person or if the significant funder of the 
                communication under paragraph (4) is any other person, 
                the highest ranking official of such person.
            ``(8) Covered organization defined.--In this subsection, 
        the term `covered organization' means any of the following:
                    ``(A) Any corporation which is subject to section 
                316(a).
                    ``(B) Any labor organization (as defined in section 
                316).
                    ``(C) Any organization described in paragraph (4), 
                (5), or (6) of section 501(c) of the Internal Revenue 
                Code of 1986 and exempt from tax under section 501(a) 
                of such Code.
                    ``(D) Any political organization under section 527 
                of the Internal Revenue Code of 1986, other than a 
                political committee under this Act.
            ``(9) Other definitions.--In this subsection, the terms 
        `campaign-related activity' and `unrestricted donor payment' 
        have the meaning given such terms in section 325.''.
            (3) Application to certain mass mailings.--Section 
        318(a)(3) of such Act (2 U.S.C. 441d(a)(3)) is amended to read 
        as follows:
            ``(3) if not authorized by a candidate, an authorized 
        political committee of a candidate, or its agents, shall 
        clearly state--
                    ``(A) the name and permanent street address, 
                telephone number, or World Wide Web address of the 
                person who paid for the communication;
                    ``(B) if the communication is an independent 
                expenditure consisting of a mass mailing (as defined in 
                section 301(23)) which is paid for in whole or in part 
                with a payment which is treated as a disbursement by a 
                covered organization for campaign-related activity 
                under section 325, the name and permanent street 
                address, telephone number, or World Wide Web address 
                of--
                            ``(i) the significant funder of the 
                        communication, if any (as determined in 
                        accordance with subsection (e)(4)(C)(i)); and
                            ``(ii) each person who would be included in 
                        the Top 5 Funders list which would be submitted 
                        with respect to the communication if the 
                        communication were transmitted through 
                        television, if any (as determined in accordance 
                        with subsection (e)(5)); and
                    ``(C) that the communication is not authorized by 
                any candidate or candidate's committee.''.
            (4) Application to political robocalls.--Section 318 of 
        such Act (2 U.S.C. 441d), as amended by paragraph (2), is 
        further amended by adding at the end the following new 
        subsection:
    ``(f) Special Rules for Political Robocalls.--
            ``(1) Requiring communications to include certain 
        disclaimer statements.--Any communication consisting of a 
        political robocall which would be subject to the requirements 
        of subsection (e) if the communication were transmitted through 
        radio or television shall include the following:
                    ``(A) The individual disclosure statement described 
                in subsection (e)(2) (if the person paying for the 
                communication is an individual) or the organizational 
                disclosure statement described in subsection (e)(3) (if 
                the person paying for the communication is not an 
                individual).
                    ``(B) If the communication is an electioneering 
                communication or an independent expenditure consisting 
                of a public communication and is paid for in whole or 
                in part with a payment which is treated as a 
                disbursement by a covered organization for campaign-
                related activity under section 325, the significant 
                funder disclosure statement described in subsection 
                (e)(4) (if applicable).
            ``(2) Timing of certain statement.--The statement required 
        to be included under paragraph (1)(A) shall be made at the 
        beginning of the political robocall.
            ``(3) Political robocall defined.--In this subsection, the 
        term `political robocall' means any outbound telephone call--
                    ``(A) in which a person is not available to speak 
                with the person answering the call, and the call 
                instead plays a recorded message; and
                    ``(B) which promotes, supports, attacks, or opposes 
                a candidate for election for Federal office.''.

      Subtitle C--Reporting Requirements for Registered Lobbyists

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

    (a) In General.--Section 5(d)(1) of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1604(d)(1)) is amended--
            (1) by striking ``and'' at the end of subparagraph (F);
            (2) by redesignating subparagraph (G) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (F) the following new 
        subparagraphs:
                    ``(G) the amount of any independent expenditure (as 
                defined in section 301(17) of the Federal Election 
                Campaign Act of 1971 (2 U.S.C. 431(17)) equal to or 
                greater than $1,000 made by such person or 
                organization, and for each such expenditure the name of 
                each candidate being supported or opposed and the 
                amount spent supporting or opposing each such 
                candidate;
                    ``(H) the amount of any electioneering 
                communication (as defined in section 304(f)(3) of such 
                Act (2 U.S.C. 434(f)(3)) equal to or greater than 
                $1,000 made by such person or organization, and for 
                each such communication the name of the candidate 
                referred to in the communication and whether the 
                communication involved was in support of or in 
                opposition to the candidate; and''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to reports for semiannual periods described in 
section 5(d)(1) of the Lobbying Disclosure Act of 1995 that begin after 
the date of the enactment of this Act.

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

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

    Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 
431 et seq.), as amended by section 213, is amended by adding at the 
end the following new section:

``SEC. 327. DISCLOSURES BY COVERED ORGANIZATIONS TO SHAREHOLDERS, 
              MEMBERS, AND DONORS OF INFORMATION ON DISBURSEMENTS FOR 
              CAMPAIGN-RELATED ACTIVITY.

    ``(a) Including Information in Regular Periodic Reports.--
            ``(1) In general.--A covered organization which submits 
        regular, periodic reports to its shareholders, members, or 
        donors on its finances or activities shall include in each such 
        report the information described in paragraph (2) with respect 
        to the disbursements made by the organization for campaign-
        related activity during the period covered by the report.
            ``(2) Information described.--The information described in 
        this paragraph is, for each disbursement for campaign-related 
        activity--
                    ``(A) the date of the independent expenditure or 
                electioneering communication involved;
                    ``(B) the amount of the independent expenditure or 
                electioneering communication involved;
                    ``(C) the name of the candidate identified in the 
                independent expenditure or electioneering communication 
                involved, the office sought by the candidate, and (if 
                applicable) whether the independent expenditure or 
                electioneering communication involved was in support of 
                or in opposition to the candidate;
                    ``(D) in the case of a transfer of funds to another 
                person, the information required by subparagraphs (A) 
                through (C), as well as the name of the recipient of 
                the funds and the date and amount of the funds 
                transferred;
                    ``(E) the source of such funds; and
                    ``(F) such other information as the Commission 
                determines is appropriate to further the purposes of 
                this subsection.
    ``(b) Hyperlink to Information Included in Reports Filed With 
Commission.--
            ``(1) Requiring posting of hyperlink.--If a covered 
        organization maintains an Internet site, the organization shall 
        post on such Internet site a hyperlink from its homepage to the 
        location on the Internet site of the Commission which contains 
        the following information:
                    ``(A) The information the organization is required 
                to report under section 304(g)(5)(A) with respect to 
                public independent expenditures.
                    ``(B) The information the organization is required 
                to include in a statement of disbursements for 
                electioneering communications under section 304(f)(6).
            ``(2) Deadline; duration of posting.--The covered 
        organization shall post the hyperlink described in paragraph 
        (1) not later than 24 hours after the Commission posts the 
        information described in such paragraph on the Internet site of 
        the Commission, and shall ensure that the hyperlink remains on 
        the Internet site of the covered organization until the 
        expiration of the 1-year period which begins on the date of the 
        election with respect to which the public independent 
        expenditures or electioneering communications are made.
    ``(c) Covered Organization Defined.--In this section, the term 
`covered organization' means any of the following:
            ``(1) Any corporation which is subject to section 316(a).
            ``(2) Any labor organization (as defined in section 316).
            ``(3) Any organization described in paragraph (4), (5), or 
        (6) of section 501(c) of the Internal Revenue Code of 1986 and 
        exempt from tax under section 501(a) of such Code.
            ``(4) Any political organization under section 527 of the 
        Internal Revenue Code of 1986, other than a political committee 
        under this Act.''.

                       TITLE IV--OTHER PROVISIONS

SEC. 401. JUDICIAL REVIEW.

    (a) Special Rules for Actions Brought on Constitutional Grounds.--
If any action is brought for declaratory or injunctive relief to 
challenge the constitutionality of any provision of this Act or any 
amendment made by this Act, the following rules shall apply:
            (1) The action shall be filed in the United States District 
        Court for the District of Columbia, and an appeal from a 
        decision of the District Court may be taken to the Court of 
        Appeals for the District of Columbia Circuit.
            (2) A copy of the complaint shall be delivered promptly to 
        the Clerk of the House of Representatives and the Secretary of 
        the Senate.
            (3) It shall be the duty of the United States District 
        Court for the District of Columbia, the Court of Appeals for 
        the District of Columbia Circuit, and the Supreme Court of the 
        United States to advance on the docket and to expedite to the 
        greatest possible extent the disposition of the action and 
        appeal.
    (b) Intervention by Members of Congress.--In any action in which 
the constitutionality of any provision of this Act or any amendment 
made by this Act is raised, any member of the House of Representatives 
(including a Delegate or Resident Commissioner to the Congress) or 
Senate shall have the right to intervene either in support of or 
opposition to the position of a party to the case regarding the 
constitutionality of the provision or amendment. To avoid duplication 
of efforts and reduce the burdens placed on the parties to the action, 
the court in any such action may make such orders as it considers 
necessary, including orders to require intervenors taking similar 
positions to file joint papers or to be represented by a single 
attorney at oral argument.
    (c) Challenge by Members of Congress.--Any Member of the House of 
Representatives (including a Delegate or Resident Commissioner to the 
Congress) or Senate may bring an action, subject to the special rules 
described in subsection (a), for declaratory or injunctive relief to 
challenge the constitutionality of any provision of this Act or any 
amendment made by this Act.

SEC. 402. SEVERABILITY.

    If any provision of this Act or amendment made by this Act, or the 
application of a provision or amendment to any person or circumstance, 
is held to be unconstitutional, the remainder of this Act and 
amendments made by this Act, and the application of the provisions and 
amendment to any person or circumstance, shall not be affected by the 
holding.

SEC. 403. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act shall take effect upon the expiration of the 30-day period 
which begins on the date of the enactment of this Act, and shall take 
effect without regard to whether or not the Federal Election Commission 
has promulgated regulations to carry out such amendments.
                                                 Union Calendar No. 280

111th CONGRESS

  2d Session

                               H. R. 5175

                      [Report No. 111-492, Part I]

_______________________________________________________________________

                                 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 disclosure requirements with respect to spending in such 
                   elections, and for other purposes.

_______________________________________________________________________

                              May 25, 2010

 Reported from the Committee on House Administration with an amendment

                              May 25, 2010

  Committee on the Judiciary discharged; committed to the Committee of 
  the Whole House on the State of the Union and ordered to be printed
```