111TH CONGRESS 

2D SESSION H. R. 5175 

AN ACT 

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. 
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Democracy is Strengthened by Casting Light on Spend6 ing in Elections Act’’ or the ‘‘DISCLOSE Act’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—REGULATION OF CERTAIN POLITICAL SPENDING 

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

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

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

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

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

TITLE II—PROMOTING EFFECTIVE DISCLOSURE OF CAMPAIGNRELATED ACTIVITY 

Subtitle A—Treatment of Independent Expenditures and Electioneering 

Communications Made by All Persons 

Sec. 201. Independent expenditures. 

Sec. 202. Electioneering communications. 

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

any time. 

Subtitle B—Expanded Requirements for Corporations and Other 

Organizations 

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

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

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

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

certain communications. 

Sec. 215. Indexing of certain amounts. 
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Subtitle C—Reporting Requirements for Registered Lobbyists 

Sec. 221. Requiring registered lobbyists to report information on independent 

expenditures and electioneering communications. 

TITLE III—DISCLOSURE BY COVERED ORGANIZATIONS OF 

INFORMATION ON CAMPAIGN-RELATED ACTIVITY 

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

TITLE IV—OTHER PROVISIONS 

Sec. 401. Judicial review. 

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

Sec. 403. Severability. 

Sec. 404. Effective date. 

1 TITLE I—REGULATION OF 

2 CERTAIN POLITICAL SPENDING 

3 SEC. 101. PROHIBITING INDEPENDENT EXPENDITURES AND 

4 ELECTIONEERING COMMUNICATIONS BY 

5 GOVERNMENT CONTRACTORS. 

6 (a) PROHIBITION APPLICABLE TO GOVERNMENT

7 CONTRACTORS.— 

8 (1) PROHIBITION.— 

9 (A) IN GENERAL.—Section 317(a)(1) of 

10 the Federal Election Campaign Act of 1971 (2 

11 U.S.C. 441c(a)(1)) is amended by striking 

12 ‘‘purpose or use; or’’ and inserting the fol13 lowing: ‘‘purpose or use, to make any inde14 pendent expenditure, or to disburse any funds 

15 for an electioneering communication; or’’. 

16 (B) CONFORMING AMENDMENT.—The 

17 heading of section 317 of such Act (2 U.S.C. 
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1 441c) is amended by striking ‘‘CONTRIBU2 TIONS’’ and inserting ‘‘CONTRIBUTIONS, INDE3 PENDENT EXPENDITURES, AND ELECTION4 EERING COMMUNICATIONS’’. 

5 (2) THRESHOLD FOR APPLICATION OF BAN.— 

6 Section 317 of such Act (2 U.S.C. 441c) is amend7 ed— 

8 (A) by redesignating subsections (b) and 

9 (c) as subsections (c) and (d); and 

10 (B) by inserting after subsection (a) the 

11 following new subsection: 

12 ‘‘(b) To the extent that subsection (a)(1) prohibits 

13 a person who enters into a contract described in such sub14 section from making any independent expenditure or dis15 bursing funds for an electioneering communication, such 

16 subsection shall apply only if the value of the contract is 

17 equal to or greater than $10,000,000.’’. 

18 (b) APPLICATION TO RECIPIENTS OF ASSISTANCE

19 UNDER TROUBLED ASSET PROGRAM.—Section 317(a) of 

20 such Act (2 U.S.C. 441c(a)) is amended— 

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

22 (1); 

23 (2) by redesignating paragraph (2) as para24 graph (3); and 
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1 (3) by inserting after paragraph (1) the fol2 lowing new paragraph: 

3 ‘‘(2) who enters into negotiations for financial 

4 assistance under title I of the Emergency Economic 

5 Stabilization Act of 2008 (12 U.S.C. 5211 et seq.) 

6 (relating to the purchase of troubled assets by the 

7 Secretary of the Treasury), during the period— 

8 ‘‘(A) beginning on the later of the com9 mencement of the negotiations or the date of 

10 the enactment of the Democracy is Strength11 ened by Casting Light on Spending in Elections 

12 Act; and 

13 ‘‘(B) ending with the later of the termi14 nation of such negotiations or the repayment of 

15 such financial assistance; 

16 directly or indirectly to make any contribution of 

17 money or other things of value, or to promise ex18 pressly or impliedly to make any such contribution 

19 to any political party, committee, or candidate for 

20 public office or to any person for any political pur21 pose or use, to make any independent expenditure, 

22 or to disburse any funds for an electioneering com23 munication; or’’. 
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1 (c) APPLICATION TO PERSONS HOLDING LEASES

2 FOR DRILLING IN OUTER CONTINENTAL SHELF.—Sec3 tion 317(a) of such Act (2 U.S.C. 441c(a)) is amended— 

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

5 (1); 

6 (2) by redesignating paragraph (2) as para7 graph (3); and 

8 (3) by inserting after paragraph (1) the fol9 lowing new paragraph: 

10 ‘‘(2) who enters into negotiations for a lease for 

11 exploration for, and development and production of, 

12 oil and gas under the Outer Continental Shelf Lands 

13 Act (43 U.S.C. 1331 et seq.), during the period— 

14 ‘‘(A) beginning on the later of the com15 mencement of the negotiations or the date of 

16 the enactment of the Democracy is Strength17 ened by Casting Light on Spending in Elections 

18 Act; and 

19 ‘‘(B) ending with the later of the termi20 nation of such negotiations or the termination 

21 of such lease; 

22 directly or indirectly to make any contribution of 

23 money or other things of value, or to promise ex24 pressly or impliedly to make any such contribution 

25 to any political party, committee, or candidate for 
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1 public office or to any person for any political pur2 pose or use, to make any independent expenditure, 

3 or to disburse any funds for an electioneering com4 munication; or’’. 

5 (d) TECHNICAL AMENDMENT.—Section 317 of such 

6 Act (2 U.S.C. 441c) is amended by striking ‘‘section 321’’ 

7 each place it appears and inserting ‘‘section 316’’. 

8 SEC. 102. APPLICATION OF BAN ON CONTRIBUTIONS AND 

9 EXPENDITURES BY FOREIGN NATIONALS TO 

10 FOREIGN-CONTROLLED DOMESTIC COR11 PORATIONS. 

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

13 Federal Election Campaign Act of 1971 (2 U.S.C. 

14 441e(b)) is amended— 

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

16 (1); 

17 (2) by striking the period at the end of para18 graph (2) and inserting ‘‘; or’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) any corporation which is not a foreign na22 tional described in paragraph (1) and— 

23 ‘‘(A) in which a foreign national described 

24 in paragraph (1) or (2) directly or indirectly 

25 owns or controls— 
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1 ‘‘(i) 5 percent or more of the voting 

2 shares, if the foreign national is a foreign 

3 country, a foreign government official, or a 

4 corporation principally owned or controlled 

5 by a foreign country or foreign government 

6 official; or 

7 ‘‘(ii) 20 percent or more of the voting 

8 shares, if the foreign national is not de9 scribed in clause (i); 

10 ‘‘(B) in which two or more foreign nation11 als described in paragraph (1) or (2), each of 

12 whom owns or controls at least 5 percent of the 

13 voting shares, directly or indirectly own or con14 trol 50 percent or more of the voting shares; 

15 ‘‘(C) with respect to which the majority of 

16 the members of the board of directors are for17 eign nationals described in paragraph (1) or 

18 (2); 

19 ‘‘(D) over which one or more foreign na20 tionals described in paragraph (1) or (2) has 

21 the power to direct, dictate, or control the deci22 sion-making process of the corporation with re23 spect to its interests in the United States; or 

24 ‘‘(E) over which one or more foreign na25 tionals described in paragraph (1) or (2) has 
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1 the power to direct, dictate, or control the deci2 sion-making process of the corporation with re3 spect to activities in connection with a Federal, 

4 State, or local election, including— 

5 ‘‘(i) the making of a contribution, do6 nation, expenditure, independent expendi7 ture, or disbursement for an electioneering 

8 communication (within the meaning of sec9 tion 304(f)(3)); or 

10 ‘‘(ii) the administration of a political 

11 committee established or maintained by the 

12 corporation.’’. 

13 (b) CERTIFICATION OF COMPLIANCE.—Section 319 

14 of such Act (2 U.S.C. 441e) is amended by adding at the 

15 end the following new subsection: 

16 ‘‘(c) CERTIFICATION OF COMPLIANCE REQUIRED

17 PRIOR TO CARRYING OUT ACTIVITY.—Prior to the mak18 ing in connection with an election for Federal office of any 

19 contribution, donation, expenditure, independent expendi20 ture, or disbursement for an electioneering communication 

21 by a corporation during a year, the chief executive officer 

22 of the corporation (or, if the corporation does not have 

23 a chief executive officer, the highest ranking official of the 

24 corporation), shall file a certification with the Commission, 

25 under penalty of perjury, that the corporation is not pro-
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1 hibited from carrying out such activity under subsection 

2 (b)(3), unless the chief executive officer has previously 

3 filed such a certification during the year. Nothing in this 

4 subsection shall be construed to apply to any contribution, 

5 donation, expenditure, independent expenditure, or dis6 bursement from a separate segregated fund established 

7 and administered by a corporation under section 

8 316(b)(2)(C).’’. 

9 (c) NO EFFECT ON CERTAIN ACTIVITIES OF DOMES10 TIC CORPORATIONS.—Section 319 of such Act (2 U.S.C. 

11 441e), as amended by subsection (b), is further amended 

12 by adding at the end the following new subsection: 

13 ‘‘(d) NO EFFECT ON CERTAIN ACTIVITIES OF DO14 MESTIC CORPORATIONS.— 

15 ‘‘(1) SEPARATE SEGREGATED FUNDS.—Nothing 

16 in this section shall be construed to prohibit any cor17 poration which is not a foreign national described in 

18 paragraph (1) of subsection (b) from establishing, 

19 administering, and soliciting contributions to a sepa20 rate segregated fund under section 316(b)(2)(C), so 

21 long as none of the amounts in the fund are pro22 vided by any foreign national described in paragraph 

23 (1) or (2) of subsection (b) and no foreign national 

24 described in paragraph (1) or (2) of subsection (b) 
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1 has the power to direct, dictate, or control the estab2 lishment or administration of the fund. 

3 ‘‘(2) STATE AND LOCAL ELECTIONS.—Nothing 

4 in this section shall be construed to prohibit any cor5 poration which is not a foreign national described in 

6 paragraph (1) of subsection (b) from making a con7 tribution or donation in connection with a State or 

8 local election to the extent permitted under State or 

9 local law, so long as no foreign national described in 

10 paragraph (1) or (2) of subsection (b) has the power 

11 to direct, dictate, or control such contribution or do12 nation. 

13 ‘‘(3) OTHER PERMISSIBLE CORPORATE CON14 TRIBUTIONS AND EXPENDITURES.—Nothing in this 

15 section shall be construed to prohibit any corpora16 tion which is not a foreign national described in 

17 paragraph (1) of subsection (b) from carrying out 

18 any activity described in subparagraph (A) or (B) of 

19 section 316(b)(2), so long as none of the amounts 

20 used to carry out the activity are provided by any 

21 foreign national described in paragraph (1) or (2) of 

22 subsection (b) and no foreign national described in 

23 paragraph (1) or (2) of subsection (b) has the power 

24 to direct, dictate, or control such activity.’’. 
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1 (d) NO EFFECT ON OTHER LAWS.—Section 319 of 

2 such Act (2 U.S.C. 441e), as amended by subsections (b) 

3 and (c), is further amended by adding at the end the fol4 lowing new subsection: 

5 ‘‘(e) NO EFFECT ON OTHER LAWS.—Nothing in this 

6 section shall be construed to affect the determination of 

7 whether a corporation is treated as a foreign national for 

8 purposes of any law other than this Act.’’. 

9 SEC. 103. TREATMENT OF PAYMENTS FOR COORDINATED 

10 COMMUNICATIONS AS CONTRIBUTIONS. 

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

12 Election Campaign Act of 1971 (2 U.S.C. 431(8)(A)) is 

13 amended— 

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

15 (2) by striking the period at the end of clause 

16 (ii) and inserting ‘‘; or’’; and 

17 (3) by adding at the end the following new 

18 clause: 

19 ‘‘(iii) any payment made by any person 

20 (other than a candidate, an authorized com21 mittee of a candidate, or a political committee 

22 of a political party) for a coordinated commu23 nication (as determined under section 324).’’. 
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1 (b) COORDINATED COMMUNICATIONS DESCRIBED.— 

2 Section 324 of such Act (2 U.S.C. 441k) is amended to 

3 read as follows: 

4 ‘‘SEC. 324. COORDINATED COMMUNICATIONS. 

5 ‘‘(a) COORDINATED COMMUNICATIONS DEFINED.— 

6 ‘‘(1) IN GENERAL.—For purposes of this Act, 

7 the term ‘coordinated communication’ means— 

8 ‘‘(A) a covered communication which, sub9 ject to subsection (c), is made in cooperation, 

10 consultation, or concert with, or at the request 

11 or suggestion of, a candidate, an authorized 

12 committee of a candidate, or a political com13 mittee of a political party; or 

14 ‘‘(B) any communication that republishes, 

15 disseminates, or distributes, in whole or in part, 

16 any broadcast or any written, graphic, or other 

17 form of campaign material prepared by a can18 didate, an authorized committee of a candidate, 

19 or their agents. 

20 ‘‘(2) EXCEPTION.—The term ‘coordinated com21 munication’ does not include— 

22 ‘‘(A) a communication appearing in a news 

23 story, commentary, or editorial distributed 

24 through the facilities of any broadcasting sta25 tion, newspaper, magazine, or other periodical 
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1 publication, unless such facilities are owned or 

2 controlled by any political party, political com3 mittee, or candidate; or 

4 ‘‘(B) a communication which constitutes a 

5 candidate debate or forum conducted pursuant 

6 to the regulations adopted by the Commission 

7 to carry out section 304(f)(3)(B)(iii), or which 

8 solely promotes such a debate or forum and is 

9 made by or on behalf of the person sponsoring 

10 the debate or forum. 

11 ‘‘(b) COVERED COMMUNICATION DEFINED.— 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (4), for purposes of this subsection, the term 

14 ‘covered communication’ means, for purposes of the 

15 applicable election period described in paragraph (2) 

16 and with respect to the coordinated communication 

17 involved, a public communication (as defined in sec18 tion 301(22)) that refers to the candidate described 

19 in subsection (a)(1)(A) or an opponent of such can20 didate and is publicly distributed or publicly dissemi21 nated during such period. 

22 ‘‘(2) APPLICABLE ELECTION PERIOD.—For 

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

24 period’ with respect to a communication means— 
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1 ‘‘(A) in the case of a communication which 

2 refers to a candidate for the office of President 

3 or Vice President, the period— 

4 ‘‘(i) beginning with the date that is 

5 120 days before the date of the first pri6 mary election, preference election, or nomi7 nating convention for nomination for the 

8 office of President which is held in any 

9 State; and 

10 ‘‘(ii) ending with the date of the gen11 eral election for such office; or 

12 ‘‘(B) in the case of a communication which 

13 refers to a candidate for any other Federal of14 fice, the period— 

15 ‘‘(i) beginning with the date that is 90 

16 days before the earliest of the primary 

17 election, preference election, or nominating 

18 convention with respect to the nomination 

19 for the office that the candidate is seeking; 

20 and 

21 ‘‘(ii) ending with the date of the gen22 eral election for such office. 

23 ‘‘(3) SPECIAL RULE FOR PUBLIC DISTRIBUTION

24 OF COMMUNICATIONS INVOLVING CONGRESSIONAL

25 CANDIDATES.—For purposes of paragraph (1), in 
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1 the case of a communication involving a candidate 

2 for an office other than President or Vice President, 

3 the communication shall be considered to be publicly 

4 distributed or publicly disseminated only if the dis5 semination or distribution occurs in the jurisdiction 

6 of the office that the candidate is seeking. 

7 ‘‘(c) NO FINDING OF COORDINATION BASED SOLELY

8 ON SHARING OF INFORMATION REGARDING LEGISLATIVE

9 OR POLICY POSITION.—For purposes of subsection (a)(1), 

10 a covered communication shall not be considered to be 

11 made in cooperation, consultation, or concert with, or at 

12 the request or suggestion of, a candidate, an authorized 

13 committee of a candidate, or a political committee of a 

14 political party solely on the grounds that a person or an 

15 agent thereof engaged in discussions with to the candidate 

16 or committee regarding that person’s position on a legisla17 tive or policy matter (including urging the candidate or 

18 party to adopt that person’s position), so long as there 

19 is no discussion between the person and the candidate or 

20 committee regarding the candidate’s campaign plans, 

21 projects, activities, or needs. 

22 ‘‘(d) PRESERVATION OF CERTAIN SAFE HARBORS

23 AND FIREWALLS.—Nothing in this section may be con24 strued to affect 11 CFR 109.21(g) or (h), as in effect on 
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1 the date of the enactment of the Democracy is Strength2 ened by Casting Light on Spending in Elections Act. 

3 ‘‘(e) TREATMENT OF COORDINATION WITH POLIT4 ICAL PARTIES FOR COMMUNICATIONS REFERRING TO

5 CANDIDATES.—For purposes of this section, if a commu6 nication which refers to any clearly identified candidate 

7 or candidates of a political party or any opponent of such 

8 a candidate or candidates is determined to have been made 

9 in cooperation, consultation, or concert with or at the re10 quest or suggestion of a political committee of the political 

11 party but not in cooperation, consultation, or concert with 

12 or at the request or suggestion of such clearly identified 

13 candidate or candidates, the communication shall be treat14 ed as having been made in cooperation, consultation, or 

15 concert with or at the request or suggestion of the political 

16 committee of the political party but not with or at the 

17 request or suggestion of such clearly identified candidate 

18 or candidates.’’. 

19 (c) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—This section and the amend21 ments made by this section shall apply with respect 

22 to payments made on or after the expiration of the 

23 30-day period which begins on the date of the enact24 ment of this Act, without regard to whether or not 
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1 the Federal Election Commission has promulgated 

2 regulations to carry out such amendments. 

3 (2) TRANSITION RULE FOR ACTIONS TAKEN

4 PRIOR TO ENACTMENT.—No person shall be consid5 ered to have made a payment for a coordinated com6 munication under section 324 of the Federal Elec7 tion Campaign Act of 1971 (as amended by sub8 section (b)) by reason of any action taken by the 

9 person prior to the date of the enactment of this 

10 Act. Nothing in the previous sentence shall be con11 strued to affect any determination under any other 

12 provision of such Act which is in effect on the date 

13 of the enactment of this Act regarding whether a 

14 communication is made in cooperation, consultation, 

15 or concert with, or at the request or suggestion of, 

16 a candidate, an authorized committee of a candidate, 

17 or a political committee of a political party. 

18 SEC. 104. TREATMENT OF POLITICAL PARTY COMMUNICA19 TIONS MADE ON BEHALF OF CANDIDATES. 

20 (a) TREATMENT OF PAYMENT FOR PUBLIC COMMU21 NICATION AS CONTRIBUTION IF MADE UNDER CONTROL

22 OR DIRECTION OF CANDIDATE.—Section 301(8)(A) of the 

23 Federal Election Campaign Act of 1971 (2 U.S.C. 

24 431(8)(A)), as amended by section 103(a), is amended— 

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

2 (iii) and inserting ‘‘; or’’; and 

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

4 clause: 

5 ‘‘(iv) any payment by a political committee 

6 of a political party for the direct costs of a pub7 lic communication (as defined in paragraph 

8 (22)) made on behalf of a candidate for Federal 

9 office who is affiliated with such party, but only 

10 if the communication is controlled by, or made 

11 at the direction of, the candidate or an author12 ized committee of the candidate.’’. 

13 (b) REQUIRING CONTROL OR DIRECTION BY CAN14 DIDATE FOR TREATMENT AS COORDINATED PARTY EX15 PENDITURE.— 

16 (1) IN GENERAL.—Paragraph (4) of section 

17 315(d) of such Act (2 U.S.C. 441a(d)) is amended 

18 to read as follows: 

19 ‘‘(4) SPECIAL RULE FOR DIRECT COSTS OF COMMU20 NICATIONS.—The direct costs incurred by a political com21 mittee of a political party for a communication made in 

22 connection with the campaign of a candidate for Federal 

23 office shall not be subject to the limitations contained in 

24 paragraphs (2) and (3) unless the communication is con-
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1 trolled by, or made at the direction of, the candidate or 

2 an authorized committee of the candidate.’’. 

3 (2) CONFORMING AMENDMENT.—Paragraph (1) 

4 of section 315(d) of such Act (2 U.S.C. 441a(d)) is 

5 amended by striking ‘‘paragraphs (2), (3), and (4)’’ 

6 and inserting ‘‘paragraphs (2) and (3)’’. 

7 (c) EFFECTIVE DATE.—This section and the amend8 ments made by this section shall apply with respect to pay9 ments made on or after the expiration of the 30-day period 

10 which begins on the date of the enactment of this Act, 

11 without regard to whether or not the Federal Election 

12 Commission has promulgated regulations to carry out 

13 such amendments. 

14 SEC. 105. RESTRICTION ON INTERNET COMMUNICATIONS 

15 TREATED AS PUBLIC COMMUNICATIONS. 

16 (a) IN GENERAL.—Section 301(22) of the Federal 

17 Election Campaign Act of 1971 (2 U.S.C. 431(22)) is 

18 amended by adding at the end the following new sentence: 

19 ‘‘A communication which is disseminated through the 

20 Internet shall not be treated as a form of general public 

21 political advertising under this paragraph unless the com22 munication was placed for a fee on another person’s Web 

23 site.’’. 
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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the date of the enact3 ment of this Act. 

4 TITLE II—PROMOTING EFFEC5 TIVE DISCLOSURE OF CAM6 PAIGN-RELATED ACTIVITY 

7 Subtitle A—Treatment of Inde8 pendent Expenditures and Elec9 tioneering Communications 

10 Made by All Persons 

11 SEC. 201. INDEPENDENT EXPENDITURES. 

12 (a) REVISION OF DEFINITION.—Subparagraph (A) of 

13 section 301(17) of the Federal Election Campaign Act of 

14 1971 (2 U.S.C. 431(17)) is amended to read as follows: 

15 ‘‘(A) that, when taken as a whole, ex16 pressly advocates the election or defeat of a 

17 clearly identified candidate, or is the functional 

18 equivalent of express advocacy because it can be 

19 interpreted by a reasonable person only as ad20 vocating the election or defeat of a candidate, 

21 taking into account whether the communication 

22 involved mentions a candidacy, a political party, 

23 or a challenger to a candidate, or takes a posi24 tion on a candidate’s character, qualifications, 

25 or fitness for office; and’’. 
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1 (b) UNIFORM 24-HOUR REPORTING FOR PERSONS

2 MAKING INDEPENDENT EXPENDITURES EXCEEDING

3 $10,000 AT ANY TIME.—Section 304(g) of such Act (2 

4 U.S.C. 434(g)) is amended by striking paragraphs (1) and 

5 (2) and inserting the following: 

6 ‘‘(1) INDEPENDENT EXPENDITURES EXCEED7 ING THRESHOLD AMOUNT.— 

8 ‘‘(A) INITIAL REPORT.—A person (includ9 ing a political committee) that makes or con10 tracts to make independent expenditures in an 

11 aggregate amount equal to or greater than the 

12 threshold amount described in subparagraph 

13 (C) shall electronically file a report describing 

14 the expenditures within 24 hours. 

15 ‘‘(B) ADDITIONAL REPORTS.—After a per16 son files a report under subparagraph (A), the 

17 person shall electronically file an additional re18 port within 24 hours after each time the person 

19 makes or contracts to make independent ex20 penditures in an aggregate amount equal to or 

21 greater than the threshold amount with respect 

22 to the same election as that to which the initial 

23 report relates. 
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1 ‘‘(C) THRESHOLD AMOUNT DESCRIBED.— 

2 In this paragraph, the ‘threshold amount’ 

3 means— 

4 ‘‘(i) during the period up to and in5 cluding the 20th day before the date of an 

6 election, $10,000; or 

7 ‘‘(ii) during the period after the 20th 

8 day, but more than 24 hours, before the 

9 date of an election, $1,000. 

10 ‘‘(2) PUBLIC AVAILABILITY.—Notwithstanding 

11 any other provision of this section, the Commission 

12 shall ensure that the information required to be dis13 closed under this subsection is publicly available 

14 through the Commission website not later than 24 

15 hours after receipt in a manner that is downloadable 

16 in bulk and machine readable.’’. 

17 (c) EFFECTIVE DATE.— 

18 (1) IN GENERAL.—The amendment made by 

19 subsection (a) shall apply with respect to contribu20 tions and expenditures made on or after the expira21 tion of the 30-day period which begins on the date 

22 of the enactment of this Act, without regard to 

23 whether or not the Federal Election Commission has 

24 promulgated regulations to carry out such amend25 ments. 
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1 (2) REPORTING REQUIREMENTS.—The amend2 ment made by subsection (b) shall apply with re3 spect to reports required to be filed after the date 

4 of the enactment of this Act. 

5 SEC. 202. ELECTIONEERING COMMUNICATIONS. 

6 (a) EXPANSION OF PERIOD COVERING GENERAL

7 ELECTION.—Section 304(f)(3)(A)(i)(II)(aa) of the Fed8 eral Election Campaign Act of 1971 (2 U.S.C. 

9 434(f)(3)(A)(i)(II)(aa)) is amended by striking ‘‘60 days’’ 

10 and inserting ‘‘120 days’’. 

11 (b) EFFECTIVE DATE; TRANSITION FOR COMMU12 NICATIONS MADE PRIOR TO ENACTMENT.—The amend13 ment made by subsection (a) shall apply with respect to 

14 communications made on or after the date of the enact15 ment of this Act, without regard to whether or not the 

16 Federal Election Commission has promulgated regulations 

17 to carry out such amendments, except that no communica18 tion which is made prior to the date of the enactment of 

19 this Act shall be treated as an electioneering communica20 tion under section 304(f)(3)(A)(i)(II) of the Federal Elec21 tion Campaign Act of 1971 (as amended by subsection 

22 (a)) unless the communication would be treated as an elec23 tioneering communication under such section if the 

24 amendment made by subsection (a) did not apply. 
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1 SEC. 203. MANDATORY ELECTRONIC FILING BY PERSONS 

2 MAKING INDEPENDENT EXPENDITURES OR 

3 ELECTIONEERING COMMUNICATIONS EX4 CEEDING $10,000 AT ANY TIME. 

5 Section 304(d)(1) of the Federal Election Campaign 

6 Act of 1971 (2 U.S.C. 434(d)(1)) is amended— 

7 (1) by striking ‘‘or (g)’’; and 

8 (2) by adding at the end the following: ‘‘Not9 withstanding any other provision of this section, any 

10 person who is required to file a statement under 

11 subsection (f) or subsection (g) shall file the state12 ment in electronic form accessible by computers, in 

13 a manner which ensures that the information pro14 vided is searchable, sortable, and downloadable.’’. 

15 Subtitle B—Expanded Require16 ments for Corporations and 

17 Other Organizations 

18 SEC. 211. ADDITIONAL INFORMATION REQUIRED TO BE IN19 CLUDED IN REPORTS ON DISBURSEMENTS BY 

20 COVERED ORGANIZATIONS. 

21 (a) INDEPENDENT EXPENDITURE REPORTS.—Sec22 tion 304(g) of the Federal Election Campaign Act of 1971 

23 (2 U.S.C. 434(g)) is amended by adding at the end the 

24 following new paragraph: 

25 ‘‘(5) DISCLOSURE OF ADDITIONAL INFORMA26 TION BY COVERED ORGANIZATIONS MAKING PAY-
26 

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1 MENTS FOR PUBLIC INDEPENDENT EXPENDI2 TURES.— 

3 ‘‘(A) ADDITIONAL INFORMATION.—If a 

4 covered organization makes or contracts to 

5 make public independent expenditures in an ag6 gregate amount equal to or exceeding $10,000 

7 in a calendar year, the report filed by the orga8 nization under this subsection shall include, in 

9 addition to the information required under 

10 paragraph (3), the following information (sub11 ject to subparagraph (B)(iv)): 

12 ‘‘(i) If any person made a donation or 

13 payment to the covered organization dur14 ing the covered organization reporting pe15 riod which was provided for the purpose of 

16 being used for campaign-related activity or 

17 in response to a solicitation for funds to be 

18 used for campaign-related activity— 

19 ‘‘(I) subject to subparagraph (C), 

20 the identification of each person who 

21 made such donations or payments in 

22 an aggregate amount equal to or ex23 ceeding $600 during such period, pre24 sented in the order of the aggregate 

25 amount of donations or payments 
27 

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1 made by such persons during such pe2 riod (with the identification of the 

3 person making the largest donation or 

4 payment appearing first); and 

5 ‘‘(II) if any person identified 

6 under subclause (I) designated that 

7 the donation or payment be used for 

8 campaign-related activity with respect 

9 to a specific election or in support of 

10 a specific candidate, the name of the 

11 election or candidate involved, and if 

12 any such person designated that the 

13 donation or payment be used for a 

14 specific public independent expendi15 ture, a description of the expenditure. 

16 ‘‘(ii) The identification of each person 

17 who made unrestricted donor payments to 

18 the organization during the covered organi19 zation reporting period— 

20 ‘‘(I) in an aggregate amount 

21 equal to or exceeding $600 during 

22 such period, if any of the disburse23 ments made by the organization for 

24 any of the public independent expendi25 tures which are covered by the report 
28 

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1 were not made from the organization’s 

2 Campaign-Related Activity Account 

3 under section 326; or 

4 ‘‘(II) in an aggregate amount 

5 equal to or exceeding $6,000 during 

6 such period, if the disbursements 

7 made by the organization for all of 

8 the public independent expenditures 

9 which are covered by the report were 

10 made exclusively from the organiza11 tion’s Campaign-Related Activity Ac12 count under section 326 (but only if 

13 the organization has made deposits 

14 described in subparagraph (D) of sec15 tion 326(a)(2) into that Account dur16 ing such period in an aggregate 

17 amount equal to or greater than 

18 $10,000), 

19 presented in the order of the aggregate 

20 amount of payments made by such persons 

21 during such period (with the identification 

22 of the person making the largest payment 

23 appearing first). 

24 ‘‘(B) TREATMENT OF TRANSFERS MADE

25 TO OTHER PERSONS.— 
29 

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1 ‘‘(i) IN GENERAL.—Subject to clause 

2 (iii), for purposes of the requirement to file 

3 reports under this subsection (including 

4 the requirement under subparagraph (A) 

5 to include additional information in such 

6 reports), a covered organization which 

7 transfers amounts to another person (other 

8 than the covered organization itself) for 

9 the purpose of making a public inde10 pendent expenditure by that person or by 

11 any other person, or (in accordance with 

12 clause (ii)) which is deemed to have trans13 ferred amounts to another person (other 

14 than the covered organization itself) for 

15 the purpose of making a public inde16 pendent expenditure by that person or by 

17 any other person, shall be considered to 

18 have made a public independent expendi19 ture. 

20 ‘‘(ii) RULES FOR DEEMING TRANS21 FERS MADE FOR PURPOSE OF MAKING EX22 PENDITURES.—For purposes of clause (i), 

23 in determining whether a covered organiza24 tion which transfers amounts to another 

25 person shall be deemed to have transferred 
30 

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1 the amounts for the purpose of making a 

2 public independent expenditure, the fol3 lowing rules apply: 

4 ‘‘(I) The covered organization 

5 shall be deemed to have transferred 

6 the amounts for the purpose of mak7 ing a public independent expenditure 

8 if— 

9 ‘‘(aa) the covered organiza10 tion designates, requests, or sug11 gests that the amounts be used 

12 for public independent expendi13 tures and the person to whom 

14 the amounts were transferred 

15 agrees to do so; 

16 ‘‘(bb) the person making the 

17 public independent expenditure 

18 or another person acting on that 

19 person’s behalf expressly solicited 

20 the covered organization for a do21 nation or payment for making or 

22 paying for any public inde23 pendent expenditures; 

24 ‘‘(cc) the covered organiza25 tion and the person to whom the 
31 

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1 amounts were transferred en2 gaged in written or oral discus3 sion regarding the person either 

4 making, or paying for, any public 

5 independent expenditure, or do6 nating or transferring the 

7 amounts to another person for 

8 that purpose; 

9 ‘‘(dd) the covered organiza10 tion which transferred the funds 

11 knew or had reason to know that 

12 the person to whom the amounts 

13 were transferred intended to 

14 make public independent expendi15 tures; or 

16 ‘‘(ee) the covered organiza17 tion which transferred the funds 

18 or the person to whom the 

19 amounts were transferred made 

20 one or more public independent 

21 expenditures in an aggregate 

22 amount of $50,000 or more dur23 ing the 2-year period which ends 

24 on the date on which the 

25 amounts were transferred. 
32 

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1 ‘‘(II) The covered organization 

2 shall not be deemed to have trans3 ferred the amounts for the purpose of 

4 making a public independent expendi5 ture if— 

6 ‘‘(aa) the transfer was a 

7 commercial transaction occurring 

8 in the ordinary course of business 

9 between the covered organization 

10 and the person to whom the 

11 amounts were transferred, unless 

12 there is affirmative evidence that 

13 the amounts were transferred for 

14 the purpose of making a public 

15 independent expenditure; or 

16 ‘‘(bb) the covered organiza17 tion and the person to whom the 

18 amounts were transferred mutu19 ally agreed (as provided in sec20 tion 325(b)(1)) that the person 

21 will not use the amounts for cam22 paign-related activity. 

23 ‘‘(iii) SPECIAL RULE REGARDING

24 TRANSFERS AMONG AFFILIATES.— 
33 

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1 ‘‘(I) SPECIAL RULE.—In the case 

2 of an amount transferred by one cov3 ered organization to another covered 

4 organization which is treated as a 

5 transfer between affiliates under sub6 clause (II), clause (i) and (ii) shall 

7 apply to the covered organization 

8 which transfers the amount only if the 

9 aggregate amount transferred during 

10 the year by such covered organization 

11 to that same covered organization is 

12 equal to or greater than $50,000. 

13 ‘‘(II) DESCRIPTION OF TRANS14 FERS BETWEEN AFFILIATES.—A 

15 transfer of amounts from one covered 

16 organization to another covered orga17 nization shall be treated as a transfer 

18 between affiliates if— 

19 ‘‘(aa) one of the organiza20 tions is an affiliate of the other 

21 organization; or 

22 ‘‘(bb) each of the organiza23 tions is an affiliate of the same 

24 organization, 
34 

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1 except that the transfer shall not be 

2 treated as a transfer between affiliates 

3 if one of the organizations is estab4 lished for the purpose of disbursing 

5 funds for campaign-related activity. 

6 ‘‘(III) DETERMINATION OF AF7 FILIATE STATUS.—For purposes of 

8 subclause (II), a covered organization 

9 is an affiliate of another covered orga10 nization if— 

11 ‘‘(aa) the governing instru12 ment of the organization requires 

13 it to be bound by decisions of the 

14 other organization; 

15 ‘‘(bb) the governing board of 

16 the organization includes persons 

17 who are specifically designated 

18 representatives of the other orga19 nization or are members of the 

20 governing board, officers, or paid 

21 executive staff members of the 

22 other organization, or whose 

23 service on the governing board is 

24 contingent upon the approval of 

25 the other organization; or 
35 

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1 ‘‘(cc) the organization is 

2 chartered by the other organiza3 tion. 

4 ‘‘(IV) COVERAGE OF TRANSFERS

5 TO AFFILIATED SECTION 501(C)(3) OR6 GANIZATIONS.—This clause shall 

7 apply with respect to an amount 

8 transferred by a covered organization 

9 to an organization described in para10 graph (3) of section 501(c) of the In11 ternal Revenue Code of 1986 and ex12 empt from tax under section 501(a) of 

13 such Code in the same manner as this 

14 clause applies to an amount trans15 ferred by a covered organization to 

16 another covered organization. 

17 ‘‘(iv) SPECIAL THRESHOLD FOR DIS18 CLOSURE OF DONORS.—Notwithstanding 

19 clause (i) or (ii) of subparagraph (A), if a 

20 covered organization is required to include 

21 the identification of a person described in 

22 such clause in a report filed under this 

23 subsection because the covered organiza24 tion is deemed (in accordance with clause 

25 (ii)) to have transferred amounts for the 
36 

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1 purpose of making a public independent 

2 expenditure, the organization shall include 

3 the identification of the person only if the 

4 person made donations or payments (in the 

5 case of a person described in clause (i)(I) 

6 of subparagraph (A)) or unrestricted donor 

7 payments (in the case of a person de8 scribed in clause (ii) of subparagraph (A)) 

9 to the covered organization during the cov10 ered organization reporting period involved 

11 in an aggregate amount equal to or exceed12 ing $10,000. 

13 ‘‘(v) WAIVER OF REQUIREMENT TO

14 FILE REPORT.—Notwithstanding clause 

15 (i), a covered organization which is consid16 ered to have made a public independent ex17 penditure under such clause shall not be 

18 required to file a report under this sub19 section if— 

20 ‘‘(I) the organization would be 

21 required to file the report solely be22 cause the organization is deemed (in 

23 accordance with clause (ii)) to have 

24 transferred amounts for the purpose 
37 

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1 of making a public independent ex2 penditure; 

3 ‘‘(II) no person made donations 

4 or payments (in the case of a person 

5 described in clause (i)(I) of subpara6 graph (A)) or unrestricted donor pay7 ments (in the case of a person de8 scribed in clause (ii) of subparagraph 

9 (A)) to the covered organization dur10 ing the covered organization reporting 

11 period involved in an aggregate 

12 amount equal to or exceeding 

13 $10,000; and 

14 ‘‘(III) all of the persons who 

15 made donations or payments (in the 

16 case of a person described in clause 

17 (i)(I) of subparagraph (A)) or unre18 stricted donor payments (in the case 

19 of a person described in clause (ii) of 

20 subparagraph (A)) to the covered or21 ganization during the covered organi22 zation reporting period in any amount 

23 were individuals. 

24 ‘‘(C) EXCLUSION OF AMOUNTS DES25 IGNATED FOR OTHER CAMPAIGN-RELATED AC-
38 

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1 TIVITY.—For purposes of subparagraph (A)(i), 

2 in determining the amount of a donation or 

3 payment made by a person which was provided 

4 for the purpose of being used for campaign-re5 lated activity or in response to a solicitation for 

6 funds to be used for campaign-related activity, 

7 there shall be excluded any amount which was 

8 designated by the person to be used— 

9 ‘‘(i) for campaign-related activity de10 scribed in clause (i) of section 

11 325(d)(2)(A) (relating to independent ex12 penditures) with respect to a different elec13 tion, or with respect to a candidate in a 

14 different election, than an election which is 

15 the subject of any of the public inde16 pendent expenditures covered by the report 

17 involved; or 

18 ‘‘(ii) for any campaign-related activity 

19 described in clause (ii) of section 

20 325(d)(2)(A) (relating to electioneering 

21 communications). 

22 ‘‘(D) EXCLUSION OF AMOUNTS PAID FROM

23 SEPARATE SEGREGATED FUND.—In deter24 mining the amount of public independent ex25 penditures made by a covered organization for 
39 

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1 purposes of this paragraph, there shall be ex2 cluded any amounts paid from a separate seg3 regated fund established and administered by 

4 the organization under section 316(b)(2)(C). 

5 ‘‘(E) DETERMINATION OF AMOUNT OF

6 CERTAIN PAYMENTS AMONG AFFILIATES.—For 

7 purposes of determining the amount of any do8 nation, payment, or transfer under this sub9 section which is made by a covered organization 

10 to another covered organization which is an af11 filiate of the covered organization or each of 

12 which is an affiliate of the same organization 

13 (as determined in accordance with subpara14 graph (B)(iii)), to the extent that the donation, 

15 payment, or transfer consists of funds attrib16 utable to dues, fees, or assessments which are 

17 paid by individuals on a regular, periodic basis 

18 in accordance with a per-individual calculation 

19 which is made on a regular basis, the donation, 

20 payment, or transfer shall be attributed to the 

21 individuals paying the dues, fees, or assess22 ments and shall not be attributed to the covered 

23 organization. 

24 ‘‘(F) COVERED ORGANIZATION REPORTING

25 PERIOD DESCRIBED.—In this paragraph, the 
40 

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1 ‘covered organization reporting period’ is, with 

2 respect to a report filed by a covered organiza3 tion under this subsection— 

4 ‘‘(i) in the case of the first report filed 

5 by a covered organization under this sub6 section which includes information required 

7 under this paragraph, the shorter of— 

8 ‘‘(I) the period which begins on 

9 the effective date of the Democracy is 

10 Strengthened by Casting Light on 

11 Spending in Elections Act and ends 

12 on the last day covered by the report, 

13 or 

14 ‘‘(II) the 12-month period ending 

15 on the last day covered by the report; 

16 and 

17 ‘‘(ii) in the case of any subsequent re18 port filed by a covered organization under 

19 this subsection which includes information 

20 required under this paragraph, the period 

21 occurring since the most recent report filed 

22 by the organization which includes such in23 formation. 
41 

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1 ‘‘(G) COVERED ORGANIZATION DE2 FINED.—In this paragraph, the term ‘covered 

3 organization’ means any of the following: 

4 ‘‘(i) Any corporation which is subject 

5 to section 316(a), other than a corporation 

6 which is an organization described in para7 graph (3) of section 501(c) of the Internal 

8 Revenue Code of 1986 and exempt from 

9 tax under section 501(a) of such Code. 

10 ‘‘(ii) Any labor organization (as de11 fined in section 316). 

12 ‘‘(iii) Any organization described in 

13 paragraph (4), (5), or (6) of section 501(c) 

14 of the Internal Revenue Code of 1986 and 

15 exempt from tax under section 501(a) of 

16 such Code, other than an exempt section 

17 501(c)(4) organization (as defined in sec18 tion 301(27)). 

19 ‘‘(iv) Any political organization under 

20 section 527 of the Internal Revenue Code 

21 of 1986, other than a political committee 

22 under this Act. 

23 ‘‘(H) OTHER DEFINITIONS.—In this para24 graph— 
42 

•HR 5175 EH

1 ‘‘(i) the terms ‘campaign-related activ2 ity’ and ‘unrestricted donor payment’ have 

3 the meaning given such terms in section 

4 325; and 

5 ‘‘(ii) the term ‘public independent ex6 penditure’ means an independent expendi7 ture for a public communication (as de8 fined in section 301(22)).’’. 

9 (b) ELECTIONEERING COMMUNICATION REPORTS.— 

10 (1) IN GENERAL.—Section 304(f) of such Act 

11 (2 U.S.C. 434(f)) is amended— 

12 (A) by redesignating paragraphs (6) and 

13 (7) as paragraphs (7) and (8); and 

14 (B) by inserting after paragraph (5) the 

15 end the following new paragraph: 

16 ‘‘(6) DISCLOSURE OF ADDITIONAL INFORMA17 TION BY COVERED ORGANIZATIONS.— 

18 ‘‘(A) ADDITIONAL INFORMATION.—If a 

19 covered organization files a statement under 

20 this subsection, the statement shall include, in 

21 addition to the information required under 

22 paragraph (2), the following information (sub23 ject to subparagraph (B)(iv)): 

24 ‘‘(i) If any person made a donation or 

25 payment to the covered organization dur-
43 

•HR 5175 EH

1 ing the covered organization reporting pe2 riod which was provided for the purpose of 

3 being used for campaign-related activity or 

4 in response to a solicitation for funds to be 

5 used for campaign-related activity— 

6 ‘‘(I) subject to subparagraph (C), 

7 the identification of each person who 

8 made such donations or payments in 

9 an aggregate amount equal to or ex10 ceeding $1,000 during such period, 

11 presented in the order of the aggre12 gate amount of donations or payments 

13 made by such persons during such pe14 riod (with the identification of the 

15 person making the largest donation or 

16 payment appearing first); and 

17 ‘‘(II) if any person identified 

18 under subclause (I) designated that 

19 the donation or payment be used for 

20 campaign-related activity with respect 

21 to a specific election or in support of 

22 a specific candidate, the name of the 

23 election or candidate involved, and if 

24 any such person designated that the 

25 donation or payment be used for a 
44 

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1 specific electioneering communication, 

2 a description of the communication. 

3 ‘‘(ii) The identification of each person 

4 who made unrestricted donor payments to 

5 the organization during the covered organi6 zation reporting period— 

7 ‘‘(I) in an aggregate amount 

8 equal to or exceeding $1,000 during 

9 such period, if the organization made 

10 any of the disbursements which are 

11 described in subclause (II) from a 

12 source other than the organization’s 

13 Campaign-Related Activity Account 

14 under section 326; or 

15 ‘‘(II) in an aggregate amount 

16 equal to or exceeding $10,000 during 

17 such period, if the organization made 

18 from its Campaign-Related Activity 

19 Account under section 326 all of its 

20 disbursements for electioneering com21 munications during such period which 

22 are, on the basis of a reasonable belief 

23 by the organization, subject to treat24 ment as disbursements for an exempt 

25 function for purposes of section 527(f) 
45 

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1 of the Internal Revenue Code of 1986 

2 (but only if the organization has made 

3 deposits described in subparagraph 

4 (D) of section 326(a)(2) into that Ac5 count during such period in an aggre6 gate amount equal to or greater than 

7 $10,000), 

8 presented in the order of the aggregate 

9 amount of payments made by such persons 

10 during such period (with the identification 

11 of the person making the largest payment 

12 appearing first). 

13 ‘‘(B) TREATMENT OF TRANSFERS MADE

14 TO OTHER PERSONS.— 

15 ‘‘(i) IN GENERAL.—Subject to clause 

16 (iii), for purposes of the requirement to file 

17 statements under this subsection (including 

18 the requirement under subparagraph (A) 

19 to include additional information in such 

20 statements), a covered organization which 

21 transfers amounts to another person (other 

22 than the covered organization itself) for 

23 the purpose of making an electioneering 

24 communication by that person or by any 

25 other person, or (in accordance with clause 
46 

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1 (ii)) which is deemed to have transferred 

2 amounts to another person (other than the 

3 covered organization itself) for the purpose 

4 of making an electioneering communication 

5 by that person or by any other person, 

6 shall be considered to have made a dis7 bursement for an electioneering commu8 nication. 

9 ‘‘(ii) RULES FOR DEEMING TRANS10 FERS MADE FOR PURPOSE OF MAKING

11 COMMUNICATIONS.—For purposes of 

12 clause (i), in determining whether a cov13 ered organization which transfers amounts 

14 to another person shall be deemed to have 

15 transferred the amounts for the purpose of 

16 making an electioneering communication, 

17 the following rules apply: 

18 ‘‘(I) The covered organization 

19 shall be deemed to have transferred 

20 the amounts for the purpose of mak21 ing an electioneering communication 

22 if— 

23 ‘‘(aa) the covered organiza24 tion designates, requests, or sug25 gests that the amounts be used 
47 

•HR 5175 EH

1 for electioneering communica2 tions and the person to whom the 

3 amounts were transferred agrees 

4 to do so; 

5 ‘‘(bb) the person making the 

6 electioneering communication or 

7 another person acting on that 

8 person’s behalf expressly solicited 

9 the covered organization for a do10 nation or payment for making or 

11 paying for any electioneering 

12 communications; 

13 ‘‘(cc) the covered organiza14 tion and the person to whom the 

15 amounts were transferred en16 gaged in written or oral discus17 sion regarding the person either 

18 making, or paying for, any elec19 tioneering communication, or do20 nating or transferring the 

21 amounts to another person for 

22 that purpose; 

23 ‘‘(dd) the covered organiza24 tion which transferred the funds 

25 knew or had reason to know that 
48 

•HR 5175 EH

1 the person to whom the amounts 

2 were transferred intended to 

3 make electioneering communica4 tions; or 

5 ‘‘(ee) the covered organiza6 tion which transferred the funds 

7 or the person to whom the 

8 amounts were transferred made 

9 one or more electioneering com10 munications in an aggregate 

11 amount of $50,000 or more dur12 ing the 2-year period which ends 

13 on the date on which the 

14 amounts were transferred. 

15 ‘‘(II) The covered organization 

16 shall not be deemed to have trans17 ferred the amounts for the purpose of 

18 making an electioneering communica19 tion if— 

20 ‘‘(aa) the transfer was a 

21 commercial transaction occurring 

22 in the ordinary course of business 

23 between the covered organization 

24 and the person to whom the 

25 amounts were transferred, unless 
49 

•HR 5175 EH

1 there is affirmative evidence that 

2 the amounts were transferred for 

3 the purpose of making an elec4 tioneering communication; or 

5 ‘‘(bb) the covered organiza6 tion and the person to whom the 

7 amounts were transferred mutu8 ally agreed (as provided in sec9 tion 325(b)(1)) that the person 

10 will not use the amounts for cam11 paign-related activity. 

12 ‘‘(iii) SPECIAL RULE REGARDING

13 TRANSFERS AMONG AFFILIATES.— 

14 ‘‘(I) SPECIAL RULE.—In the case 

15 of an amount transferred by one cov16 ered organization to another covered 

17 organization which is treated as a 

18 transfer between affiliates under sub19 clause (II), clause (i) and (ii) shall 

20 apply to the covered organization 

21 which transfers the amount only if the 

22 aggregate amount transferred during 

23 the year by such covered organization 

24 to that same covered organization is 

25 equal to or greater than $50,000. 
50 

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1 ‘‘(II) DESCRIPTION OF TRANS2 FERS BETWEEN AFFILIATES.—A 

3 transfer of amounts from one covered 

4 organization to another covered orga5 nization shall be treated as a transfer 

6 between affiliates if— 

7 ‘‘(aa) one of the organiza8 tions is an affiliate of the other 

9 organization; or 

10 ‘‘(bb) each of the organiza11 tions is an affiliate of the same 

12 organization, 

13 except that the transfer shall not be 

14 treated as a transfer between affiliates 

15 if one of the organizations is estab16 lished for the purpose of disbursing 

17 funds for campaign-related activity. 

18 ‘‘(III) DETERMINATION OF AF19 FILIATE STATUS.—For purposes of 

20 subclause (II), a covered organization 

21 is an affiliate of another covered orga22 nization if— 

23 ‘‘(aa) the governing instru24 ment of the organization requires 
51 

•HR 5175 EH

1 it to be bound by decisions of the 

2 other organization; 

3 ‘‘(bb) the governing board of 

4 the organization includes persons 

5 who are specifically designated 

6 representatives of the other orga7 nization or are members of the 

8 governing board, officers, or paid 

9 executive staff members of the 

10 other organization, or whose 

11 service on the governing board is 

12 contingent upon the approval of 

13 the other organization; or 

14 ‘‘(cc) the organization is 

15 chartered by the other organiza16 tion. 

17 ‘‘(IV) COVERAGE OF TRANSFERS

18 TO AFFILIATED SECTION 501(C)(3) OR19 GANIZATIONS.—This clause shall 

20 apply with respect to an amount 

21 transferred by a covered organization 

22 to an organization described in para23 graph (3) of section 501(c) of the In24 ternal Revenue Code of 1986 and ex25 empt from tax under section 501(a) of 
52 

•HR 5175 EH

1 such Code in the same manner as this 

2 clause applies to an amount trans3 ferred by a covered organization to 

4 another covered organization. 

5 ‘‘(iv) SPECIAL THRESHOLD FOR DIS6 CLOSURE OF DONORS.—Notwithstanding 

7 clause (i) or (ii) of subparagraph (A), if a 

8 covered organization is required to include 

9 the identification of a person described in 

10 such clause in a statement filed under this 

11 subsection because the covered organiza12 tion is deemed (in accordance with clause 

13 (ii)) to have transferred amounts for the 

14 purpose of making an electioneering com15 munication, the organization shall include 

16 the identification of the person only if the 

17 person made donations or payments (in the 

18 case of a person described in clause (i)(I) 

19 of subparagraph (A)) or unrestricted donor 

20 payments (in the case of a person de21 scribed in clause (ii) of subparagraph (A)) 

22 to the covered organization during the cov23 ered organization reporting period involved 

24 in an aggregate amount equal to or exceed25 ing $10,000. 
53 

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1 ‘‘(v) WAIVER OF REQUIREMENT TO

2 FILE STATEMENT.—Notwithstanding 

3 clause (i), a covered organization which is 

4 considered to have made a disbursement 

5 for an electioneering communication under 

6 such clause shall not be required to file a 

7 report under this subsection if— 

8 ‘‘(I) the organization would be 

9 required to file the report solely be10 cause the organization is deemed (in 

11 accordance with clause (ii)) to have 

12 transferred amounts for the purpose 

13 of making an electioneering commu14 nication; 

15 ‘‘(II) no person made donations 

16 or payments (in the case of a person 

17 described in clause (i)(I) of subpara18 graph (A)) or unrestricted donor pay19 ments (in the case of a person de20 scribed in clause (ii) of subparagraph 

21 (A)) to the covered organization dur22 ing the covered organization reporting 

23 period involved in an aggregate 

24 amount equal to or exceeding 

25 $10,000; and 
54 

•HR 5175 EH

1 ‘‘(III) all of the persons who 

2 made donations or payments (in the 

3 case of a person described in clause 

4 (i)(I) of subparagraph (A)) or unre5 stricted donor payments (in the case 

6 of a person described in clause (ii) of 

7 subparagraph (A)) to the covered or8 ganization during the covered organi9 zation reporting period in any amount 

10 were individuals. 

11 ‘‘(C) EXCLUSION OF AMOUNTS DES12 IGNATED FOR OTHER CAMPAIGN-RELATED AC13 TIVITY.—For purposes of subparagraph (A)(i), 

14 in determining the amount of a donation or 

15 payment made by a person which was provided 

16 for the purpose of being used for campaign-re17 lated activity or in response to a solicitation for 

18 funds to be used for campaign-related activity, 

19 there shall be excluded any amount which was 

20 designated by the person to be used— 

21 ‘‘(i) for campaign-related activity de22 scribed in clause (i) of section 

23 325(d)(2)(A) (relating to independent ex24 penditures) with respect to a different elec25 tion, or with respect to a candidate in a 
55 

•HR 5175 EH

1 different election, than an election which is 

2 the subject of any of the public inde3 pendent expenditures covered by the report 

4 involved; or 

5 ‘‘(ii) for any campaign-related activity 

6 described in clause (ii) of section 

7 325(d)(2)(A) (relating to electioneering 

8 communications). 

9 ‘‘(D) DETERMINATION OF AMOUNT OF

10 CERTAIN PAYMENTS AMONG AFFILIATES.—For 

11 purposes of determining the amount of any do12 nation, payment, or transfer under this sub13 section which is made by a covered organization 

14 to another covered organization which is an af15 filiate of the covered organization or each of 

16 which is an affiliate of the same organization 

17 (as determined in accordance with subpara18 graph (B)(iii)), to the extent that the donation, 

19 payment, or transfer consists of funds attrib20 utable to dues, fees, or assessments which are 

21 paid by individuals on a regular, periodic basis 

22 in accordance with a per-individual calculation 

23 which is made on a regular basis, the donation, 

24 payment, or transfer shall be attributed to the 

25 individuals paying the dues, fees, or assess-
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1 ments and shall not be attributed to the covered 

2 organization. 

3 ‘‘(E) COVERED ORGANIZATION REPORTING

4 PERIOD DESCRIBED.—In this paragraph, the 

5 ‘covered organization reporting period’ is, with 

6 respect to a statement filed by a covered orga7 nization under this subsection— 

8 ‘‘(i) in the case of the first statement 

9 filed by a covered organization under this 

10 subsection which includes information re11 quired under this paragraph, the shorter 

12 of— 

13 ‘‘(I) the period which begins on 

14 the effective date of the Democracy is 

15 Strengthened by Casting Light on 

16 Spending in Elections Act and ends 

17 on the disclosure date for the state18 ment, or 

19 ‘‘(II) the 12-month period ending 

20 on the disclosure date for the state21 ment; and 

22 ‘‘(ii) in the case of any subsequent 

23 statement filed by a covered organization 

24 under this subsection which includes infor25 mation required under this paragraph, the 
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1 period occurring since the most recent 

2 statement filed by the organization which 

3 includes such information. 

4 ‘‘(F) COVERED ORGANIZATION DEFINED.— 

5 In this paragraph, the term ‘covered organiza6 tion’ means any of the following: 

7 ‘‘(i) Any corporation which is subject 

8 to section 316(a), other than a corporation 

9 which is an organization described in para10 graph (3) of section 501(c) of the Internal 

11 Revenue Code of 1986 and exempt from 

12 tax under section 501(a) of such Code. 

13 ‘‘(ii) Any labor organization (as de14 fined in section 316). 

15 ‘‘(iii) Any organization described in 

16 paragraph (4), (5), or (6) of section 501(c) 

17 of the Internal Revenue Code of 1986 and 

18 exempt from tax under section 501(a) of 

19 such Code, other than an exempt section 

20 501(c)(4) organization (as defined in sec21 tion 301(27)). 

22 ‘‘(iv) Any political organization under 

23 section 527 of the Internal Revenue Code 

24 of 1986, other than a political committee 

25 under this Act. 
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1 ‘‘(G) OTHER DEFINITIONS.—In this para2 graph, the terms ‘campaign-related activity’ and 

3 ‘unrestricted donor payment’ have the meaning 

4 given such terms in section 325.’’. 

5 (2) CONFORMING AMENDMENT.—Section 

6 304(f)(2) of such Act (2 U.S.C. 434(f)(2)) is 

7 amended by striking ‘‘If the disbursements’’ each 

8 place it appears in subparagraph (E) and (F) and 

9 inserting the following: ‘‘Except in the case of a 

10 statement which is required to include additional in11 formation under paragraph (6), if the disburse12 ments’’. 

13 (c) EXEMPTION OF CERTAIN SECTION 501(C)(4) OR14 GANIZATIONS.—Section 301 of such Act (2 U.S.C. 431) 

15 is amended by adding at the end the following: 

16 ‘‘(27) EXEMPT SECTION 501(C)(4) ORGANIZA17 TION.—The term ‘exempt section 501(c)(4) organi18 zation’ means, with respect to disbursements made 

19 by an organization during a calendar year, an orga20 nization for which the chief executive officer of the 

21 organization certifies to the Commission (prior to 

22 the first disbursement made by the organization dur23 ing the year) that each of the following applies: 

24 ‘‘(A) The organization is described in para25 graph (4) of section 501(c) of the Internal Rev-
59 

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1 enue Code of 1986 and exempt from tax under 

2 section 501(a) of such Code, and was so de3 scribed and so exempt during each of the 10 

4 previous calendar years. 

5 ‘‘(B) The organization has at least 

6 500,000 individuals who paid membership dues 

7 during the previous calendar year (determined 

8 as of the last day of that year). 

9 ‘‘(C) The dues-paying membership of the 

10 organization includes at least one individual 

11 from each State. For purposes of this subpara12 graph, the term ‘State’ means each of the sev13 eral States, the District of Columbia, and the 

14 Commonwealth of Puerto Rico. 

15 ‘‘(D) During the previous calendar year, 

16 the portion of funds provided to the organiza17 tion by corporations (as described in section 

18 316) or labor organizations (as defined in sec19 tion 316), other than funds provided pursuant 

20 to commercial transactions occurring in the or21 dinary course of business, did not exceed 15 

22 percent of the total amount of all funds pro23 vided to the organization from all sources. 

24 ‘‘(E) The organization does not use any of 

25 the funds provided to the organization by cor-
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1 porations (as described in section 316) or labor 

2 organizations (as defined in section 316) for 

3 campaign-related activity (as defined in section 

4 325).’’. 

5 SEC. 212. RULES REGARDING USE OF GENERAL TREASURY 

6 FUNDS BY COVERED ORGANIZATIONS FOR 

7 CAMPAIGN-RELATED ACTIVITY. 

8 Title III of the Federal Election Campaign Act of 

9 1971 (2 U.S.C. 431 et seq.) is amended by adding at the 

10 end the following new section: 

11 ‘‘SEC. 325. SPECIAL RULES FOR USE OF GENERAL TREAS12 URY FUNDS BY COVERED ORGANIZATIONS 

13 FOR CAMPAIGN-RELATED ACTIVITY. 

14 ‘‘(a) USE OF FUNDS FOR CAMPAIGN-RELATED AC15 TIVITY.— 

16 ‘‘(1) IN GENERAL.—Subject to any applicable 

17 restrictions and prohibitions under this Act, a cov18 ered organization may make disbursements for cam19 paign-related activity using— 

20 ‘‘(A) amounts paid or donated to the orga21 nization which are designated by the person 

22 providing the amounts to be used for campaign23 related activity; 

24 ‘‘(B) unrestricted donor payments made to 

25 the organization; and 
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1 ‘‘(C) other funds of the organization, in2 cluding amounts received pursuant to commer3 cial activities in the regular course of a covered 

4 organization’s business. 

5 ‘‘(2) NO EFFECT ON USE OF SEPARATE SEG6 REGATED FUND.—Nothing in this section shall be 

7 construed to affect the authority of a covered organi8 zation to make disbursements from a separate seg9 regated fund established and administered by the or10 ganization under section 316(b)(2)(C). 

11 ‘‘(b) MUTUALLY AGREED RESTRICTIONS ON USE OF

12 FUNDS FOR CAMPAIGN-RELATED ACTIVITY.— 

13 ‘‘(1) AGREEMENT AND CERTIFICATION.—If a 

14 covered organization and a person mutually agree, 

15 at the time the person makes a donation, payment, 

16 or transfer to the organization which would require 

17 the organization to disclose the person’s identifica18 tion under section 304(g)(5)(A)(ii) or section 

19 304(f)(6)(A)(ii), that the organization will not use 

20 the donation, payment, or transfer for campaign-re21 lated activity, then not later than 30 days after the 

22 organization receives the donation, payment, or 

23 transfer the organization shall transmit to the per24 son a written certification by the chief financial offi25 cer of the covered organization (or, if the organiza-
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1 tion does not have a chief financial officer, the high2 est ranking financial official of the organization) 

3 that— 

4 ‘‘(A) the organization will not use the do5 nation, payment, or transfer for campaign-re6 lated activity; and 

7 ‘‘(B) the organization will not include any 

8 information on the person in any report filed by 

9 the organization under section 304 with respect 

10 to independent expenditures or electioneering 

11 communications, so that the person will not be 

12 required to appear in a significant funder state13 ment or a Top 5 Funders list under section 

14 318(e). 

15 ‘‘(2) EXCEPTION FOR PAYMENTS MADE PURSU16 ANT TO COMMERCIAL ACTIVITIES.—Paragraph (1) 

17 does not apply with respect to any payment or trans18 fer made pursuant to commercial activities in the 

19 regular course of a covered organization’s business. 

20 ‘‘(c) CERTIFICATIONS REGARDING DISBURSEMENTS

21 FOR CAMPAIGN-RELATED ACTIVITY.— 

22 ‘‘(1) CERTIFICATION BY CHIEF EXECUTIVE OF23 FICER.—If, at any time during a calendar quarter, 

24 a covered organization makes a disbursement of 

25 funds for campaign-related activity using funds de-
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1 scribed in subsection (a)(1), the chief executive offi2 cer of the covered organization or the chief executive 

3 officer’s designee (or, if the organization does not 

4 have a chief executive officer, the highest ranking of5 ficial of the organization or the highest ranking offi6 cial’s designee) shall file a statement with the Com7 mission which contains the following certifications: 

8 ‘‘(A) None of the campaign-related activity 

9 for which the organization disbursed the funds 

10 during the quarter was made in cooperation, 

11 consultation, or concert with, or at the request 

12 or suggestion of, any candidate or any author13 ized committee or agent of such candidate, or 

14 political committee of a political party or agent 

15 of any political party. 

16 ‘‘(B) The chief executive officer or highest 

17 ranking official of the covered organization (as 

18 the case may be) has reviewed and approved 

19 each statement and report filed by the organi20 zation under section 304 with respect to any 

21 such disbursement made during the quarter. 

22 ‘‘(C) Each statement and report filed by 

23 the organization under section 304 with respect 

24 to any such disbursement made during the 

25 quarter is complete and accurate. 
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1 ‘‘(D) All such disbursements made during 

2 the quarter are in compliance with this Act. 

3 ‘‘(E) No portion of the amounts used to 

4 make any such disbursements during the quar5 ter is attributable to funds received by the orga6 nization that were subject to a mutual agree7 ment (as provided in subsection (b)(1)) that the 

8 organization will not use the funds for cam9 paign-related activity by the person who pro10 vided the funds from being used for campaign11 related activity pursuant to subsection (b). 

12 ‘‘(2) APPLICATION OF ELECTRONIC FILING

13 RULES.—Section 304(d)(1) shall apply with respect 

14 to a statement required under this subsection in the 

15 same manner as such section applies with respect to 

16 a statement under subsection (c) or (g) of section 

17 304. 

18 ‘‘(3) DEADLINE.—The chief executive officer or 

19 highest ranking official of a covered organization (as 

20 the case may be) shall file the statement required 

21 under this subsection with respect to a calendar 

22 quarter not later than 15 days after the end of the 

23 quarter. 

24 ‘‘(d) DEFINITIONS.—For purposes of this section, the 

25 following definitions apply: 
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1 ‘‘(1) COVERED ORGANIZATION.—The term ‘cov2 ered organization’ means any of the following: 

3 ‘‘(A) Any corporation which is subject to 

4 section 316(a), other than a corporation which 

5 is an organization described in paragraph (3) of 

6 section 501(c) of the Internal Revenue Code of 

7 1986 and exempt from tax under section 501(a) 

8 of such Code. 

9 ‘‘(B) Any labor organization (as defined in 

10 section 316). 

11 ‘‘(C) Any organization described in para12 graph (4), (5), or (6) of section 501(c) of the 

13 Internal Revenue Code of 1986 and exempt 

14 from tax under section 501(a) of such Code, 

15 other than an exempt section 501(c)(4) organi16 zation (as defined in section 301(27)). 

17 ‘‘(D) Any political organization under sec18 tion 527 of the Internal Revenue Code of 1986, 

19 other than a political committee under this Act. 

20 ‘‘(2) CAMPAIGN-RELATED ACTIVITY.— 

21 ‘‘(A) IN GENERAL.—The term ‘campaign22 related activity’ means— 

23 ‘‘(i) an independent expenditure con24 sisting of a public communication (as de25 fined in section 301(22)), a transfer of 
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1 funds to another person (other than the 

2 transferor itself) for the purpose of making 

3 such an independent expenditure by that 

4 person or by any other person (subject to 

5 subparagraph (C)), or (in accordance with 

6 subparagraph (B) and subject to subpara7 graph (C)) a transfer of funds to another 

8 person (other than the transferor itself) 

9 which is deemed to have been made for the 

10 purpose of making such an independent ex11 penditure by that person or by any other 

12 person; or 

13 ‘‘(ii) an electioneering communication, 

14 a transfer of funds to another person 

15 (other than the transferor itself) for the 

16 purpose of making an electioneering com17 munication by that person or by any other 

18 person (subject to subparagraph (C)), or 

19 (in accordance with subparagraph (B) and 

20 subject to subparagraph (C)) a transfer of 

21 funds to another person (other than the 

22 transferor itself)which is deemed to have 

23 been made for the purpose of making an 

24 electioneering communication by that per25 son or by any other person. 
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1 ‘‘(B) RULE FOR DEEMING TRANSFERS

2 MADE FOR PURPOSE OF CAMPAIGN-RELATED

3 ACTIVITY.—For purposes of subparagraph (A), 

4 in determining whether a transfer of funds by 

5 a covered organization to another person shall 

6 be deemed to have been made for the purpose 

7 of making an independent expenditure con8 sisting of a public communication or an elec9 tioneering communication, the following rules 

10 apply: 

11 ‘‘(i) The transfer shall be deemed to 

12 have been made for the purpose of making 

13 such an independent expenditure or an 

14 electioneering communication if— 

15 ‘‘(I) the covered organization des16 ignates, requests, or suggests that the 

17 amounts be used for such independent 

18 expenditures or electioneering commu19 nications and the person to whom the 

20 amounts were transferred agrees to do 

21 so; 

22 ‘‘(II) the person making such 

23 independent expenditures or election24 eering communications or another 

25 person acting on that person’s behalf 
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1 expressly solicited the covered organi2 zation for a donation or payment for 

3 making or paying for any such inde4 pendent expenditure or electioneering 

5 communication; 

6 ‘‘(III) the covered organization 

7 and the person to whom the amounts 

8 were transferred engaged in written or 

9 oral discussion regarding the person 

10 either making, or paying for, such 

11 independent expenditures or election12 eering communications, or donating or 

13 transferring the amounts to another 

14 person for that purpose; 

15 ‘‘(IV) the covered organization 

16 which transferred the funds knew or 

17 had reason to know that the person to 

18 whom the amounts were transferred 

19 intended to make such independent 

20 expenditures or electioneering commu21 nications; or 

22 ‘‘(V) the covered organization 

23 which transferred the funds or the 

24 person to whom the amounts were 

25 transferred made one or more such 
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1 independent expenditures or election2 eering communications in an aggre3 gate amount of $50,000 or more dur4 ing the 2-year period which ends on 

5 the date on which the amounts were 

6 transferred. 

7 ‘‘(ii) The transfer shall not be deemed 

8 to have been made for the purpose of mak9 ing such an independent expenditure or an 

10 electioneering communication if— 

11 ‘‘(I) the transfer was a commer12 cial transaction occurring in the ordi13 nary course of business between the 

14 covered organization and the person 

15 to whom the amounts were trans16 ferred, unless there is affirmative evi17 dence that the amounts were trans18 ferred for the purpose of making such 

19 an independent expenditure or elec20 tioneering communication; or 

21 ‘‘(II) the covered organization 

22 and the person to whom the amounts 

23 were transferred mutually agreed (as 

24 provided in subsection (b)(1)) that the 
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1 person will not use the amounts for 

2 campaign-related activity. 

3 ‘‘(C) SPECIAL RULE REGARDING TRANS4 FERS AMONG AFFILIATES.— 

5 ‘‘(I) SPECIAL RULE.—In the case of a 

6 transfer of an amount by one covered orga7 nization to another covered organization 

8 which is treated as a transfer between af9 filiates under clause (ii), subparagraphs 

10 (A) and (B) shall apply to the transfer 

11 only if the aggregate amount transferred 

12 during the year by such covered organiza13 tion to that same covered organization is 

14 equal to or greater than $50,000. 

15 ‘‘(ii) DETERMINATION OF AMOUNT OF

16 CERTAIN TRANSFERS AMONG AFFILI17 ATES.—In determining the amount of a 

18 transfer between affiliates for purposes of 

19 clause (I), to the extent that the transfer 

20 consists of funds attributable to dues, fees, 

21 or assessments which are paid by individ22 uals on a regular, periodic basis in accord23 ance with a per-individual calculation 

24 which is made on a regular basis, the 

25 transfer shall be attributed to the individ-
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1 uals paying the dues, fees, or assessments 

2 and shall not be attributed to the covered 

3 organization. 

4 ‘‘(iii) DESCRIPTION OF TRANSFERS

5 BETWEEN AFFILIATES.—A transfer of 

6 amounts from one covered organization to 

7 another covered organization shall be 

8 treated as a transfer between affiliates if— 

9 ‘‘(I) one of the organizations is 

10 an affiliate of the other organization; 

11 or 

12 ‘‘(II) each of the organizations is 

13 an affiliate of the same organization, 

14 except that the transfer shall not be treat15 ed as a transfer between affiliates if one of 

16 the organizations is established for the 

17 purpose of disbursing funds for campaign18 related activity. 

19 ‘‘(iv) DETERMINATION OF AFFILIATE

20 STATUS.—For purposes of clause (ii), a 

21 covered organization is an affiliate of an22 other covered organization if— 

23 ‘‘(I) the governing instrument of 

24 the organization requires it to be 
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1 bound by decisions of the other orga2 nization; 

3 ‘‘(II) the governing board of the 

4 organization includes persons who are 

5 specifically designated representatives 

6 of the other organization or are mem7 bers of the governing board, officers, 

8 or paid executive staff members of the 

9 other organization, or whose service 

10 on the governing board is contingent 

11 upon the approval of the other organi12 zation; or 

13 ‘‘(III) the organization is char14 tered by the other organization. 

15 ‘‘(v) COVERAGE OF TRANSFERS TO

16 AFFILIATED SECTION 501(C)(3) ORGANIZA17 TIONS.—This subparagraph shall apply 

18 with respect to an amount transferred by 

19 a covered organization to an organization 

20 described in paragraph (3) of section 

21 501(c) of the Internal Revenue Code of 

22 1986 and exempt from tax under section 

23 501(a) of such Code in the same manner 

24 as this subparagraph applies to an amount 
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1 transferred by a covered organization to 

2 another covered organization. 

3 ‘‘(3) UNRESTRICTED DONOR PAYMENT.—The 

4 term ‘unrestricted donor payment’ means a payment 

5 to a covered organization which consists of a dona6 tion or payment from a person other than the cov7 ered organization, except that such term does not in8 clude— 

9 ‘‘(A) any payment made pursuant to com10 mercial activities in the regular course of a cov11 ered organization’s business; or 

12 ‘‘(B) any donation or payment which is 

13 designated by the person making the donation 

14 or payment to be used for campaign-related ac15 tivity or made in response to a solicitation for 

16 funds to be used for campaign-related activ17 ity.’’. 

18 SEC. 213. OPTIONAL USE OF SEPARATE ACCOUNT BY COV19 ERED ORGANIZATIONS FOR CAMPAIGN-RE20 LATED ACTIVITY. 

21 (a) IN GENERAL.—Title III of the Federal Election 

22 Campaign Act of 1971 (2 U.S.C. 431 et seq.), as amended 

23 by section 212, is further amended by adding at the end 

24 the following new section: 
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1 ‘‘SEC. 326. OPTIONAL USE OF SEPARATE ACCOUNT BY COV2 ERED ORGANIZATIONS FOR CAMPAIGN-RE3 LATED ACTIVITY. 

4 ‘‘(a) OPTIONAL USE OF SEPARATE ACCOUNT.— 

5 ‘‘(1) ESTABLISHMENT OF ACCOUNT.— 

6 ‘‘(A) IN GENERAL.—At its option, a cov7 ered organization may make disbursements for 

8 campaign-related activity using amounts from a 

9 bank account established and controlled by the 

10 organization to be known as the Campaign-Re11 lated Activity Account (hereafter in this section 

12 referred to as the ‘Account’), which shall be 

13 maintained separately from all other accounts 

14 of the organization and which shall consist ex15 clusively of the deposits described in paragraph 

16 (2). 

17 ‘‘(B) MANDATORY USE OF ACCOUNT

18 AFTER ESTABLISHMENT.—If a covered organi19 zation establishes an Account under this sec20 tion, it may not make disbursements for cam21 paign-related activity from any source other 

22 than amounts from the Account, other than dis23 bursements for campaign-related activity which, 

24 on the basis of a reasonable belief by the orga25 nization, would not be treated as disbursements 
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1 for an exempt function for purposes of section 

2 527(f) of the Internal Revenue Code of 1986. 

3 ‘‘(C) EXCLUSIVE USE OF ACCOUNT FOR

4 CAMPAIGN-RELATED ACTIVITY.—Amounts in 

5 the Account shall be used exclusively for dis6 bursements by the covered organization for 

7 campaign-related activity. After such disburse8 ments are made, information with respect to de9 posits made to the Account shall be disclosed in 

10 accordance with section 304(g)(5) or section 

11 304(f)(6). 

12 ‘‘(2) DEPOSITS DESCRIBED.—The deposits de13 scribed in this paragraph are deposits of the fol14 lowing amounts: 

15 ‘‘(A) Amounts donated or paid to the cov16 ered organization by a person other than the 

17 organization for the purpose of being used for 

18 campaign-related activity, and for which the 

19 person providing the amounts has designated 

20 that the amounts be used for campaign-related 

21 activity with respect to a specific election or 

22 specific candidate. 

23 ‘‘(B) Amounts donated or paid to the cov24 ered organization by a person other than the 

25 organization for the purpose of being used for 
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1 campaign-related activity, and for which the 

2 person providing the amounts has not des3 ignated that the amounts be used for campaign4 related activity with respect to a specific elec5 tion or specific candidate. 

6 ‘‘(C) Amounts donated or paid to the cov7 ered organization by a person other than the 

8 organization in response to a solicitation for 

9 funds to be used for campaign-related activity. 

10 ‘‘(D) Amounts transferred to the Account 

11 by the covered organization from other accounts 

12 of the organization, including from the organi13 zation’s general treasury funds. 

14 ‘‘(3) NO TREATMENT AS POLITICAL COM15 MITTEE.—The establishment and administration of 

16 an Account in accordance with this subsection shall 

17 not by itself be treated as the establishment or ad18 ministration of a political committee for any purpose 

19 of this Act. 

20 ‘‘(b) REDUCTION IN AMOUNTS OTHERWISE AVAIL21 ABLE FOR ACCOUNT IN RESPONSE TO DEMAND OF GEN22 ERAL DONORS.— 

23 ‘‘(1) IN GENERAL.—If a covered organization 

24 which has established an Account obtains any reve25 nues during a year which are attributable to a dona-
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1 tion or payment from a person other than the cov2 ered organization, and if the organization and any 

3 such person have mutually agreed (as provided in 

4 section 325(b)(1)) that the organization will not use 

5 the person’s donation, payment, or transfer for cam6 paign-related activity, the organization shall reduce 

7 the amount of its revenues available for deposits to 

8 the Account which are described in subsection 

9 (a)(3)(D) during the year by the amount of the do10 nation or payment which is subject to the mutual 

11 agreement. 

12 ‘‘(2) EXCEPTION.—Paragraph (1) does not 

13 apply with respect to any payment made pursuant to 

14 commercial activities in the regular course of a cov15 ered organization’s business. 

16 ‘‘(c) COVERED ORGANIZATION DEFINED.—In this 

17 section, the term ‘covered organization’ means any of the 

18 following: 

19 ‘‘(1) Any corporation which is subject to section 

20 316(a), other than a corporation which is an organi21 zation described in paragraph (3) of section 501(c) 

22 of the Internal Revenue Code of 1986 and exempt 

23 from tax under section 501(a) of such Code. 

24 ‘‘(2) Any labor organization (as defined in sec25 tion 316). 
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1 ‘‘(3) Any organization described in paragraph 

2 (4), (5), or (6) of section 501(c) of the Internal Rev3 enue Code of 1986 and exempt from tax under sec4 tion 501(a) of such Code, other than an exempt sec5 tion 501(c)(4) organization (as defined in section 

6 301(27)). 

7 ‘‘(4) Any political organization under section 

8 527 of the Internal Revenue Code of 1986, other 

9 than a political committee under this Act. 

10 ‘‘(d) CAMPAIGN-RELATED ACTIVITY DEFINED.—In 

11 this section, the term ‘campaign-related activity’ has the 

12 meaning given such term in section 325.’’. 

13 (b) CLARIFICATION OF TREATMENT AS SEPARATE

14 SEGREGATED FUND.—A Campaign-Related Activity Ac15 count (within the meaning of section 326 of the Federal 

16 Election Campaign Act of 1971, as added by subsection 

17 (a)) may be treated as a separate segregated fund for pur18 poses of section 527(f)(3) of the Internal Revenue Code 

19 of 1986. 

20 SEC. 214. MODIFICATION OF RULES RELATING TO DIS21 CLAIMER STATEMENTS REQUIRED FOR CER22 TAIN COMMUNICATIONS. 

23 (a) APPLYING REQUIREMENTS TO ALL INDE24 PENDENT EXPENDITURE COMMUNICATIONS.—Section 

25 318(a) of the Federal Election Campaign Act of 1971 (2 
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1 U.S.C. 441d(a)) is amended by striking ‘‘for the purpose 

2 of financing communications expressly advocating the 

3 election or defeat of a clearly identified candidate’’ and 

4 inserting ‘‘for an independent expenditure consisting of a 

5 public communication’’. 

6 (b) STAND BY YOUR AD REQUIREMENTS.— 

7 (1) MAINTENANCE OF EXISTING REQUIRE8 MENTS FOR COMMUNICATIONS BY POLITICAL PAR9 TIES AND OTHER POLITICAL COMMITTEES.—Section 

10 318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is 

11 amended— 

12 (A) in the heading, by striking ‘‘OTHERS’’ 

13 and inserting ‘‘POLITICAL COMMITTEES’’; 

14 (B) by striking ‘‘subsection (a)’’ and in15 serting ‘‘subsection (a) which is paid for by a 

16 political committee (including a political com17 mittee of a political party), other than a polit18 ical committee which is described in subsection 

19 (e)(7)(B),’’; and 

20 (C) by striking ‘‘or other person’’ each 

21 place it appears. 

22 (2) SPECIAL DISCLAIMER REQUIREMENTS FOR

23 CERTAIN COMMUNICATIONS.—Section 318 of such 

24 Act (2 U.S.C. 441d) is amended by adding at the 

25 end the following new subsection: 
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1 ‘‘(e) COMMUNICATIONS BY OTHERS.— 

2 ‘‘(1) IN GENERAL.—Any communication de3 scribed in paragraph (3) of subsection (a) which is 

4 transmitted through radio or television (other than 

5 a communication to which subsection (d)(2) applies 

6 because the communication is paid for by a political 

7 committee, including a political committee of a polit8 ical party, other than a political committee which is 

9 described in paragraph (7)(B)) shall include, in ad10 dition to the requirements of that paragraph, the 

11 following: 

12 ‘‘(A) The individual disclosure statement 

13 described in paragraph (2) (if the person pay14 ing for the communication is an individual) or 

15 the organizational disclosure statement de16 scribed in paragraph (3) (if the person paying 

17 for the communication is not an individual). 

18 ‘‘(B) If the communication is an election19 eering communication or an independent ex20 penditure consisting of a public communication 

21 and is paid for in whole or in part with a pay22 ment which is treated as a disbursement by a 

23 covered organization for campaign-related activ24 ity under section 325, the significant funder 

25 disclosure statement described in paragraph (4) 
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1 (if applicable), unless, on the basis of criteria 

2 established in regulations promulgated by the 

3 Commission, the communication is of such 

4 short duration that including the statement in 

5 the communication would constitute a hardship 

6 to the person paying for the communication by 

7 requiring a disproportionate amount of the 

8 communication’s content to consist of the state9 ment. 

10 ‘‘(C) If the communication is an election11 eering communication or an independent ex12 penditure consisting of a public communication 

13 and is paid for in whole or in part with a pay14 ment which is treated as a disbursement by a 

15 covered organization for campaign-related activ16 ity under section 325, the Top Five Funders 

17 list described in paragraph (5) (if applicable), 

18 unless, on the basis of criteria established in 

19 regulations promulgated by the Commission, 

20 the communication is of such short duration 

21 that including the Top Five Funders list in the 

22 communication would constitute a hardship to 

23 the person paying for the communication by re24 quiring a disproportionate amount of the com-
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1 munication’s content to consist of the Top Five 

2 Funders list. 

3 ‘‘(2) INDIVIDUAL DISCLOSURE STATEMENT DE4 SCRIBED.—The individual disclosure statement de5 scribed in this paragraph is the following: ‘I am 

6 lllllll, of lllllll, 

7 lllllll, and I approve this message.’, 

8 with— 

9 ‘‘(A) the first blank filled in with the name 

10 of the applicable individual; 

11 ‘‘(B) the second blank filled in with the 

12 local jurisdiction in which the applicable indi13 vidual resides; and 

14 ‘‘(C) the third blank filled in with the 

15 State in which the applicable individual resides. 

16 ‘‘(3) ORGANIZATIONAL DISCLOSURE STATE17 MENT DESCRIBED.—The organizational disclosure 

18 statement described in this paragraph is the fol19 lowing: ‘I am lllllll, the lllllll 

20 of lllllll, located in lllllll, 

21 lllllll, and lllllll approves 

22 this message.’, with— 

23 ‘‘(A) the first blank to be filled in with the 

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

2 the title of the applicable individual; 

3 ‘‘(C) the third blank to be filled in with the 

4 name of the organization or other person pay5 ing for the communication; 

6 ‘‘(D) the fourth blank to be filled in with 

7 the local jurisdiction in which such organiza8 tion’s or person’s principal office is located; 

9 ‘‘(E) the fifth blank to be filled in with the 

10 State in which such organization’s or person’s 

11 principal office is located; and 

12 ‘‘(F) the sixth blank to be filled in with the 

13 name of such organization or person. 

14 ‘‘(4) SIGNIFICANT FUNDER DISCLOSURE STATE15 MENT DESCRIBED.— 

16 ‘‘(A) STATEMENT IF SIGNIFICANT FUNDER

17 IS AN INDIVIDUAL.—If the significant funder of 

18 a communication paid for in whole or in part 

19 with a payment which is treated as a disburse20 ment by a covered organization for campaign21 related activity under section 325 is an indi22 vidual, the significant funder disclosure state23 ment described in this paragraph is the fol24 lowing: ‘I am lllllll, of 
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1 lllllll, lllllll. I helped to 

2 pay for this message, and I approve it.’, with— 

3 ‘‘(i) the first blank filled in with the 

4 name of the applicable individual; 

5 ‘‘(ii) the second blank filled in with 

6 the local jurisdiction in which the applica7 ble individual resides; and 

8 ‘‘(iii) the third blank filled in with the 

9 State in which the applicable individual re10 sides. 

11 ‘‘(B) STATEMENT IF SIGNIFICANT FUNDER

12 IS NOT AN INDIVIDUAL.—If the significant 

13 funder of a communication paid for in whole or 

14 in part with a payment which is treated as a 

15 disbursement by a covered organization for 

16 campaign-related activity under section 325 is 

17 not an individual, the significant funder disclo18 sure statement described in this paragraph is 

19 the following: ‘I am lllllll, the 

20 lllllll of lllllll, located 

21 in lllllll, lllllll. 

22 lllllll helped to pay for this mes23 sage, and lllllll approves it.’, with— 

24 ‘‘(i) the first blank to be filled in with 

25 the name of the applicable individual; 
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1 ‘‘(ii) the second blank to be filled in 

2 with the title of the applicable individual; 

3 ‘‘(iii) the third blank to be filled in 

4 with the name of the significant funder of 

5 the communication; 

6 ‘‘(iv) the fourth blank to be filled in 

7 with the local jurisdiction in which the sig8 nificant funder’s principal office is located; 

9 ‘‘(v) the fifth blank to be filled in with 

10 the State in which the significant funder’s 

11 principal office is located; and 

12 ‘‘(vi) the sixth and seventh blank each 

13 to be filled in with the name of the signifi14 cant funder of the communication. 

15 ‘‘(C) SIGNIFICANT FUNDER DEFINED.— 

16 ‘‘(i) INDEPENDENT EXPENDITURES.— 

17 For purposes of this paragraph, the ‘sig18 nificant funder’ with respect to an inde19 pendent expenditure consisting of a public 

20 communication paid for in whole or in part 

21 with a payment which is treated as a dis22 bursement by a covered organization for 

23 campaign-related activity under section 

24 325 shall be determined as follows: 
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1 ‘‘(I) If any report filed by any or2 ganization with respect to the inde3 pendent expenditure under section 

4 304 during the 12-month period 

5 which ends on the date of the dis6 bursement includes information on 

7 any person who made a payment to 

8 the organization in an amount equal 

9 to or exceeding $100,000 which was 

10 designated by the person to be used 

11 for campaign-related activity con12 sisting of that specific independent ex13 penditure (as required to be included 

14 in the report under section 

15 304(g)(5)(A)(i)), the person who is 

16 identified among all such reports as 

17 making the largest such payment. 

18 ‘‘(II) If any report filed by any 

19 organization with respect to the inde20 pendent expenditure under section 

21 304 during the 12-month period 

22 which ends on the date of the dis23 bursement includes information on 

24 any person who made a payment to 

25 the organization in an amount equal 
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1 to or exceeding $100,000 which was 

2 designated by the person to be used 

3 for campaign-related activity with re4 spect to the same election or in sup5 port of the same candidate (as re6 quired to be included in the report 

7 under section 304(g)(5)(A)(i)) but 

8 subclause (I) does not apply, the per9 son who is identified among all such 

10 reports as making the largest such 

11 payment. 

12 ‘‘(III) If any report filed by any 

13 organization with respect to the inde14 pendent expenditure under section 

15 304 during the 12-month period 

16 which ends on the date of the dis17 bursement includes information on 

18 any person who made a payment to 

19 the organization in an amount equal 

20 to or exceeding $10,000 which was 

21 provided for the purpose of being used 

22 for campaign-related activity or in re23 sponse to a solicitation for funds to be 

24 used for campaign-related activity (as 

25 required to be included in the report 
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1 under section 304(g)(5)(A)(i)) but 

2 subclause (I) or subclause (II) does 

3 not apply, the person who is identified 

4 among all such reports as making the 

5 largest such payment. 

6 ‘‘(IV) If none of the reports filed 

7 by any organization with respect to 

8 the independent expenditure under 

9 section 304 during the 12-month pe10 riod which ends on the date of the dis11 bursement includes information on 

12 any person (other than the organiza13 tion) who made a payment to the or14 ganization in an amount equal to or 

15 exceeding $10,000 which was provided 

16 for the purpose of being used for cam17 paign-related activity or in response to 

18 a solicitation for funds to be used for 

19 campaign-related activity, but any of 

20 such reports includes information on 

21 any person who made an unrestricted 

22 donor payment to the organization (as 

23 required to be included in the report 

24 under section 304(g)(5)(A)(ii)) in an 

25 amount equal to or exceeding 
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1 $10,000, the person who is identified 

2 among all such reports as making the 

3 largest such unrestricted donor pay4 ment. 

5 ‘‘(ii) ELECTIONEERING COMMUNICA6 TIONS.—For purposes of this paragraph, 

7 the ‘significant funder’ with respect to an 

8 electioneering communication paid for in 

9 whole or in part with a payment which is 

10 treated as a disbursement by a covered or11 ganization for campaign-related activity 

12 under section 325, shall be determined as 

13 follows: 

14 ‘‘(I) If any report filed by any or15 ganization with respect to the elec16 tioneering communication under sec17 tion 304 during the 12-month period 

18 which ends on the date of the dis19 bursement includes information on 

20 any person who made a payment to 

21 the organization in an amount equal 

22 to or exceeding $100,000 which was 

23 designated by the person to be used 

24 for campaign-related activity con25 sisting of that specific electioneering 
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1 communication (as required to be in2 cluded in the report under section 

3 304(f)(6)(A)(i)), the person who is 

4 identified among all such reports as 

5 making the largest such payment. 

6 ‘‘(II) If any report filed by any 

7 organization with respect to the elec8 tioneering communication under sec9 tion 304 during the 12-month period 

10 which ends on the date of the dis11 bursement includes information on 

12 any person who made a payment to 

13 the organization in an amount equal 

14 to or exceeding $100,000 which was 

15 designated by the person to be used 

16 for campaign-related activity with re17 spect to the same election or in sup18 port of the same candidate (as re19 quired to be included in the report 

20 under section 304(f)(6)(A)(i)) but 

21 subclause (I) does not apply, the per22 son who is identified among all such 

23 reports as making the largest such 

24 payment. 
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1 ‘‘(III) If any report filed by any 

2 organization with respect to the elec3 tioneering communication under sec4 tion 304 during the 12-month period 

5 which ends on the date of the dis6 bursement includes information on 

7 any person who made a payment to 

8 the organization in an amount equal 

9 to or exceeding $10,000 which was 

10 provided for the purpose of being used 

11 for campaign-related activity or in re12 sponse to a solicitation for funds to be 

13 used for campaign-related activity (as 

14 required to be included in the report 

15 under section 304(f)(6)(A)(i)) but 

16 subclause (I) or subclause (II) does 

17 not apply, the person who is identified 

18 among all such reports as making the 

19 largest such payment. 

20 ‘‘(IV) If none of the reports filed 

21 by any organization with respect to 

22 the electioneering communication 

23 under section 304 during the 12- 

24 month period which ends on the date 

25 of the disbursement includes informa-
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1 tion on any person who made a pay2 ment to the organization in an 

3 amount equal to or exceeding $10,000 

4 which was provided for the purpose of 

5 being used for campaign-related activ6 ity or in response to a solicitation for 

7 funds to be used for campaign-related 

8 activity, but any of such reports in9 cludes information on any person who 

10 made an unrestricted donor payment 

11 to the organization (as required to be 

12 included in the report under section 

13 304(f)(6)(A)(ii)) in an amount equal 

14 to or exceeding $10,000, the person 

15 who is identified among all such re16 ports as making the largest such un17 restricted donor payment. 

18 ‘‘(5) TOP 5 FUNDERS LIST DESCRIBED.—With 

19 respect to a communication paid for in whole or in 

20 part with a payment which is treated as a disburse21 ment by a covered organization for campaign-related 

22 activity under section 325, the Top 5 Funders list 

23 described in this paragraph is— 

24 ‘‘(A) in the case of a disbursement for an 

25 independent expenditure consisting of a public 
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1 communication, a list of the 5 persons (or, in 

2 the case of a communication transmitted 

3 through radio, the 2 persons) who provided the 

4 largest payments of any type in an aggregate 

5 amount equal to or exceeding $10,000 which 

6 are required under section 304(g)(5)(A) to be 

7 included in the reports filed by any organization 

8 with respect to that independent expenditure 

9 under section 304 during the 12-month period 

10 which ends on the date of the disbursement, to11 gether with the amount of the payments each 

12 such person provided and the local jurisdiction 

13 and State in which each such person lives (in 

14 the case of a person who is an individual) or is 

15 located (in the case of any other person); or 

16 ‘‘(B) in the case of a disbursement for an 

17 electioneering communication, a list of the 5 

18 persons (or, in the case of a communication 

19 transmitted through radio, the 2 persons) who 

20 provided the largest payments of any type in an 

21 aggregate amount equal to or exceeding 

22 $10,000 which are required under section 

23 304(f)(6)(A) to be included in the reports filed 

24 by any organization with respect to that elec25 tioneering communication under section 304 
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1 during the 12-month period which ends on the 

2 date of the disbursement, together with the 

3 amount of the payments each such person pro4 vided and the local jurisdiction and State in 

5 which each such person lives (in the case of a 

6 person who is an individual) or is located (in 

7 the case of any other person). 

8 ‘‘(6) METHOD OF CONVEYANCE OF STATE9 MENT.— 

10 ‘‘(A) COMMUNICATIONS TRANSMITTED

11 THROUGH RADIO.—In the case of a communica12 tion to which this subsection applies which is 

13 transmitted through radio, the disclosure state14 ments required under paragraph (1) shall be 

15 made by audio by the applicable individual in a 

16 clearly spoken manner. 

17 ‘‘(B) COMMUNICATIONS TRANSMITTED

18 THROUGH TELEVISION.—In the case of a com19 munication to which this subsection applies 

20 which is transmitted through television, the in21 formation required under paragraph (1)— 

22 ‘‘(i) shall appear in writing at the end 

23 of the communication in a clearly readable 

24 manner, with a reasonable degree of color 

25 contrast between the background and the 
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1 printed statement, for a period of at least 

2 6 seconds; and 

3 ‘‘(ii) except in the case of a Top 5 

4 Funders list described in paragraph (5), 

5 shall also be conveyed by an unobscured, 

6 full-screen view of the applicable indi7 vidual, or by the applicable individual mak8 ing the statement in voice-over accom9 panied by a clearly identifiable photograph 

10 or similar image of the individual. 

11 ‘‘(7) APPLICATION TO CERTAIN PACS.— 

12 ‘‘(A) APPLICATION.—This subsection shall 

13 apply with respect to an electioneering commu14 nication, and to an independent expenditure 

15 consisting of a public communication, which is 

16 paid for in whole or in part with a payment by 

17 a political committee described in subparagraph 

18 (B) in the same manner as this subsection ap19 plies with respect to an electioneering commu20 nication and an independent expenditure con21 sisting of a public communication which is paid 

22 for in whole or in part with a payment which 

23 is treated as a disbursement by a covered orga24 nization under section 325, except that— 
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1 ‘‘(i) in applying paragraph (4)(C), the 

2 ‘significant funder’ with respect to such an 

3 electioneering communication or such an 

4 independent expenditure shall be the per5 son who is identified as providing the larg6 est aggregate amount of contributions, do7 nations, or payments to the political com8 mittee during the 12-month period which 

9 ends on the date the committee made the 

10 disbursement for the electioneering com11 munication or independent expenditure (as 

12 determined on the basis of the information 

13 contained in all reports filed by the com14 mittee under section 304 during such pe15 riod); and 

16 ‘‘(ii) in applying paragraph (5), the 

17 ‘Top 5 Funders list’ shall be a list of the 

18 5 persons who are identified as providing 

19 the largest aggregate amounts of contribu20 tions, donations, or payments to the polit21 ical committee during such 12-month pe22 riod (as determined on the basis of the in23 formation contained in all such reports). 

24 ‘‘(B) POLITICAL COMMITTEE DE25 SCRIBED.—A political committee described in 
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1 this subparagraph is a political committee 

2 which receives or accepts contributions or dona3 tions which do not comply with the contribution 

4 limits or source prohibitions of this Act. 

5 ‘‘(8) APPLICABLE INDIVIDUAL DEFINED.—In 

6 this subsection, the term ‘applicable individual’ 

7 means, with respect to a communication to which 

8 this paragraph applies— 

9 ‘‘(A) if the communication is paid for by 

10 an individual or if the significant funder of the 

11 communication under paragraph (4) is an indi12 vidual, the individual involved; 

13 ‘‘(B) if the communication is paid for by a 

14 corporation or if the significant funder of the 

15 communication under paragraph (4) is a cor16 poration, the chief executive officer of the cor17 poration (or, if the corporation does not have a 

18 chief executive officer, the highest ranking offi19 cial of the corporation); 

20 ‘‘(C) if the communication is paid for by a 

21 labor organization or if the significant funder of 

22 the communication under paragraph (4) is a 

23 labor organization, the highest ranking officer 

24 of the labor organization; or 
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1 ‘‘(D) if the communication is paid for by 

2 any other person or if the significant funder of 

3 the communication under paragraph (4) is any 

4 other person, the highest ranking official of 

5 such person. 

6 ‘‘(9) COVERED ORGANIZATION DEFINED.—In 

7 this subsection, the term ‘covered organization’ 

8 means any of the following: 

9 ‘‘(A) Any corporation which is subject to 

10 section 316(a), other than a corporation which 

11 is an organization described in paragraph (3) of 

12 section 501(c) of the Internal Revenue Code of 

13 1986 and exempt from tax under section 501(a) 

14 of such Code. 

15 ‘‘(B) Any labor organization (as defined in 

16 section 316). 

17 ‘‘(C) Any organization described in para18 graph (4), (5), or (6) of section 501(c) of the 

19 Internal Revenue Code of 1986 and exempt 

20 from tax under section 501(a) of such Code, 

21 other than an exempt section 501(c)(4) organi22 zation (as defined in section 301(27)). 

23 ‘‘(D) Any political organization under sec24 tion 527 of the Internal Revenue Code of 1986, 

25 other than a political committee under this Act. 
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1 ‘‘(10) OTHER DEFINITIONS.—In this sub2 section, the terms ‘campaign-related activity’ and 

3 ‘unrestricted donor payment’ have the meaning 

4 given such terms in section 325.’’. 

5 (3) APPLICATION TO CERTAIN MASS MAIL6 INGS.—Section 318(a)(3) of such Act (2 U.S.C. 

7 441d(a)(3)) is amended to read as follows: 

8 ‘‘(3) if not authorized by a candidate, an au9 thorized political committee of a candidate, or its 

10 agents, shall clearly state— 

11 ‘‘(A) the name and permanent street ad12 dress, telephone number, or World Wide Web 

13 address of the person who paid for the commu14 nication; 

15 ‘‘(B) if the communication is an inde16 pendent expenditure consisting of a mass mail17 ing (as defined in section 301(23)) which is 

18 paid for in whole or in part with a payment 

19 which is treated as a disbursement by a covered 

20 organization for campaign-related activity under 

21 section 325, or which is paid for in whole or in 

22 part by a political committee described in sub23 section (e)(7)(B), the name and permanent 

24 street address, telephone number, or World 

25 Wide Web address of— 
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1 ‘‘(i) the significant funder of the com2 munication, if any (as determined in ac3 cordance with subsection (e)(4)(C)(i) or 

4 (e)(7)(A)(i); and 

5 ‘‘(ii) each person who would be in6 cluded in the Top 5 Funders list which 

7 would be submitted with respect to the 

8 communication if the communication were 

9 transmitted through television, if any (as 

10 determined in accordance with subsection 

11 (e)(5) or (e)(7)(A)(ii)); and 

12 ‘‘(C) that the communication is not au13 thorized by any candidate or candidate’s com14 mittee.’’. 

15 (4) APPLICATION TO POLITICAL ROBOCALLS.— 

16 Section 318 of such Act (2 U.S.C. 441d), as amend17 ed by paragraph (2), is further amended by adding 

18 at the end the following new subsection: 

19 ‘‘(f) SPECIAL RULES FOR POLITICAL ROBOCALLS.— 

20 ‘‘(1) REQUIRING COMMUNICATIONS TO INCLUDE

21 CERTAIN DISCLAIMER STATEMENTS.—Any commu22 nication consisting of a political robocall which 

23 would be subject to the requirements of subsection 

24 (e) if the communication were transmitted through 

25 radio or television shall include the following: 
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1 ‘‘(A) The individual disclosure statement 

2 described in subsection (e)(2) (if the person 

3 paying for the communication is an individual) 

4 or the organizational disclosure statement de5 scribed in subsection (e)(3) (if the person pay6 ing for the communication is not an individual). 

7 ‘‘(B) If the communication is an election8 eering communication or an independent ex9 penditure consisting of a public communication 

10 and is paid for in whole or in part with a pay11 ment which is treated as a disbursement by a 

12 covered organization for campaign-related activ13 ity under section 325, or which is paid for in 

14 whole or in part by a political committee de15 scribed in subsection (e)(7)(B), the significant 

16 funder disclosure statement described in sub17 section (e)(4) or (e)(7) (if applicable). 

18 ‘‘(2) TIMING OF CERTAIN STATEMENT.—The 

19 statements required to be included under paragraph 

20 (1) shall be made at the beginning of the political 

21 robocall, unless, on the basis of criteria established 

22 in regulations promulgated by the Commission, the 

23 communication is of such short duration that includ24 ing the statement in the communication would con25 stitute a hardship to the person paying for the com-
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1 munication by requiring a disproportionate amount 

2 of the communication’s content to consist of the 

3 statement. 

4 ‘‘(3) POLITICAL ROBOCALL DEFINED.—In this 

5 subsection, the term ‘political robocall’ means any 

6 outbound telephone call— 

7 ‘‘(A) in which a person is not available to 

8 speak with the person answering the call, and 

9 the call instead plays a recorded message; and 

10 ‘‘(B) which promotes, supports, attacks, or 

11 opposes a candidate for election for Federal of12 fice.’’. 

13 SEC. 215. INDEXING OF CERTAIN AMOUNTS. 

14 Title III of the Federal Election Campaign Act of 

15 1971, as amended by section 213, is amended by adding 

16 at the end the following new section: 

17 ‘‘SEC. 327. INDEXING OF CERTAIN AMOUNTS. 

18 ‘‘(a) INDEXING.—In any calendar year after 2010— 

19 ‘‘(1) each of the amounts referred to in sub20 section (b) shall be increased by the percent dif21 ference determined under subparagraph (A) of sec22 tion 315(c)(1), except that for purposes of this para23 graph, such percent difference shall be determined 

24 as if the base year referred to in such subparagraph 

25 were 2009; 
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1 ‘‘(2) each amount so increased shall remain in 

2 effect for the calendar year; and 

3 ‘‘(3) if any amount after adjustment under 

4 paragraph (1) is not a multiple of $100, such 

5 amount shall be rounded to the nearest multiple of 

6 $100. 

7 ‘‘(b) AMOUNTS DESCRIBED.—The amounts referred 

8 to in this subsection are as follows: 

9 ‘‘(1) The amount referred to in section 

10 304(g)(5)(A)(i)(I). 

11 ‘‘(2) The amount referred to in section 

12 304(g)(5)(A)(ii)(I). 

13 ‘‘(3) Each of the amounts referred to in section 

14 304(g)(5)(A)(ii)(II). 

15 ‘‘(4) The amount referred to in section 

16 304(g)(5)(B)(ii)(I)(ee). 

17 ‘‘(5) The amount referred to in section 

18 304(g)(5)(B)(iii)(I). 

19 ‘‘(6) The amount referred to in section 

20 304(f)(6)(A)(i)(I). 

21 ‘‘(7) The amount referred to in section 

22 304(f)(6)(A)(ii)(I). 

23 ‘‘(8) Each of the amounts referred to in section 

24 304(f)(6)(A)(ii)(II). 
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1 ‘‘(9) The amount referred to in section 

2 304(f)(6)(B)(ii)(I)(ee). 

3 ‘‘(10) The amount referred to in section 

4 304(f)(6)(B)(iii)(I). 

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

6 ‘‘(12) Each of the amounts referred to in sec7 tion 318(e)(4)(C). 

8 ‘‘(13) The amount referred to in section 

9 325(d)(2)(B)(i)(V). 

10 ‘‘(14) The amount referred to in section 

11 325(d)(2)(C)(i).’’. 

12 Subtitle C—Reporting Require13 ments for Registered Lobbyists 

14 SEC. 221. REQUIRING REGISTERED LOBBYISTS TO REPORT 

15 INFORMATION ON INDEPENDENT EXPENDI16 TURES AND ELECTIONEERING COMMUNICA17 TIONS. 

18 (a) IN GENERAL.—Section 5(d)(1) of the Lobbying 

19 Disclosure Act of 1995 (2 U.S.C. 1604(d)(1)) is amend20 ed— 

21 (1) by striking ‘‘and’’ at the end of subpara22 graph (F); 

23 (2) by redesignating subparagraph (G) as sub24 paragraph (I); and 
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1 (3) by inserting after subparagraph (F) the fol2 lowing new subparagraphs: 

3 ‘‘(G) the amount of any independent ex4 penditure (as defined in section 301(17) of the 

5 Federal Election Campaign Act of 1971 (2 

6 U.S.C. 431(17)) equal to or greater than 

7 $1,000 made by such person or organization, 

8 and for each such expenditure the name of each 

9 candidate being supported or opposed and the 

10 amount spent supporting or opposing each such 

11 candidate; 

12 ‘‘(H) the amount of any electioneering 

13 communication (as defined in section 304(f)(3) 

14 of such Act (2 U.S.C. 434(f)(3)) equal to or 

15 greater than $1,000 made by such person or or16 ganization, and for each such communication 

17 the name of the candidate referred to in the 

18 communication; and’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 this section shall apply with respect to reports for semi21 annual periods described in section 5(d)(1) of the Lob22 bying Disclosure Act of 1995 that begin after the date 

23 of the enactment of this Act. 
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1 TITLE III—DISCLOSURE BY COV2 ERED ORGANIZATIONS OF IN3 FORMATION ON CAMPAIGN4 RELATED ACTIVITY 

5 SEC. 301. REQUIRING DISCLOSURE BY COVERED ORGANI6 ZATIONS OF INFORMATION ON CAMPAIGN7 RELATED ACTIVITY. 

8 Title III of the Federal Election Campaign Act of 

9 1971 (2 U.S.C. 431 et seq.), as amended by section 215, 

10 is amended by adding at the end the following new section: 

11 ‘‘SEC. 328. DISCLOSURES BY COVERED ORGANIZATIONS TO 

12 SHAREHOLDERS, MEMBERS, AND DONORS OF 

13 INFORMATION ON DISBURSEMENTS FOR 

14 CAMPAIGN-RELATED ACTIVITY. 

15 ‘‘(a) INCLUDING INFORMATION IN REGULAR PERI16 ODIC REPORTS.— 

17 ‘‘(1) IN GENERAL.—A covered organization 

18 which submits regular, periodic reports to its share19 holders, members, or donors on its finances or ac20 tivities shall include in each such report, in a clear 

21 and conspicuous manner, the information described 

22 in paragraph (2) with respect to the disbursements 

23 made by the organization for campaign-related activ24 ity during the period covered by the report. 
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1 ‘‘(2) INFORMATION DESCRIBED.—The informa2 tion described in this paragraph is, for each dis3 bursement for campaign-related activity— 

4 ‘‘(A) the date of the independent expendi5 ture or electioneering communication involved; 

6 ‘‘(B) the amount of the independent ex7 penditure or electioneering communication in8 volved; 

9 ‘‘(C) the name of the candidate identified 

10 in the independent expenditure or electioneering 

11 communication involved and the office sought 

12 by the candidate; 

13 ‘‘(D) in the case of a transfer of funds to 

14 another person, the information required by 

15 subparagraphs (A) through (C), as well as the 

16 name of the recipient of the funds and the date 

17 and amount of the funds transferred; 

18 ‘‘(E) the source of such funds; and 

19 ‘‘(F) such other information as the Com20 mission determines is appropriate to further the 

21 purposes of this subsection. 

22 ‘‘(b) HYPERLINK TO INFORMATION INCLUDED IN

23 REPORTS FILED WITH COMMISSION.— 

24 ‘‘(1) REQUIRING POSTING OF HYPERLINK.—If a 

25 covered organization maintains an Internet site, the 
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1 organization shall post on such Internet site a 

2 hyperlink from its homepage to the location on the 

3 Internet site of the Commission which contains the 

4 following information: 

5 ‘‘(A) The information the organization is 

6 required to report under section 304(g)(5)(A) 

7 with respect to public independent expenditures. 

8 ‘‘(B) The information the organization is 

9 required to include in a statement of disburse10 ments for electioneering communications under 

11 section 304(f)(6). 

12 ‘‘(2) DEADLINE; DURATION OF POSTING.—The 

13 covered organization shall post the hyperlink de14 scribed in paragraph (1) not later than 24 hours 

15 after the Commission posts the information de16 scribed in such paragraph on the Internet site of the 

17 Commission, and shall ensure that the hyperlink re18 mains on the Internet site of the covered organiza19 tion until the expiration of the 1-year period which 

20 begins on the date of the election with respect to 

21 which the public independent expenditures or elec22 tioneering communications are made. 

23 ‘‘(c) COVERED ORGANIZATION DEFINED.—In this 

24 section, the term ‘covered organization’ means any of the 

25 following: 
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1 ‘‘(1) Any corporation which is subject to section 

2 316(a), other than a corporation which is an organi3 zation described in paragraph (3) of section 501(c) 

4 of the Internal Revenue Code of 1986 and exempt 

5 from tax under section 501(a) of such Code. 

6 ‘‘(2) Any labor organization (as defined in sec7 tion 316). 

8 ‘‘(3) Any organization described in paragraph 

9 (4), (5), or (6) of section 501(c) of the Internal Rev10 enue Code of 1986 and exempt from tax under sec11 tion 501(a) of such Code, other than an exempt sec12 tion 501(c)(4) organization (as defined in section 

13 301(27)). 

14 ‘‘(4) Any political organization under section 

15 527 of the Internal Revenue Code of 1986, other 

16 than a political committee under this Act.’’. 

17 TITLE IV—OTHER PROVISIONS 

18 SEC. 401. JUDICIAL REVIEW. 

19 (a) SPECIAL RULES FOR ACTIONS BROUGHT ON

20 CONSTITUTIONAL GROUNDS.—If any action is brought for 

21 declaratory or injunctive relief to challenge the constitu22 tionality of any provision of this Act or any amendment 

23 made by this Act, the following rules shall apply: 

24 (1) The action shall be filed in the United 

25 States District Court for the District of Columbia, 
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1 and an appeal from a decision of the District Court 

2 may be taken to the Court of Appeals for the Dis3 trict of Columbia Circuit. 

4 (2) A copy of the complaint shall be delivered 

5 promptly to the Clerk of the House of Representa6 tives and the Secretary of the Senate. 

7 (b) INTERVENTION BY MEMBERS OF CONGRESS.—In 

8 any action in which the constitutionality of any provision 

9 of this Act or any amendment made by this Act is raised, 

10 any member of the House of Representatives (including 

11 a Delegate or Resident Commissioner to the Congress) or 

12 Senate who satisfies the requirements for standing under 

13 article III of the Constitution shall have the right to inter14 vene either in support of or opposition to the position of 

15 a party to the case regarding the constitutionality of the 

16 provision or amendment. To avoid duplication of efforts 

17 and reduce the burdens placed on the parties to the action, 

18 the court in any such action may make such orders as 

19 it considers necessary, including orders to require interve20 nors taking similar positions to file joint papers or to be 

21 represented by a single attorney at oral argument. 

22 (c) CHALLENGE BY MEMBERS OF CONGRESS.—Any 

23 Member of the House of Representatives (including a Del24 egate or Resident Commissioner to the Congress) or Sen25 ate may bring an action, subject to the special rules de-
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1 scribed in subsection (a), for declaratory or injunctive re2 lief to challenge the constitutionality of any provision of 

3 this Act or any amendment made by this Act. 

4 SEC. 402. NO EFFECT ON PROTECTIONS AGAINST THREATS, 

5 HARASSMENTS, AND REPRISALS. 

6 Nothing in this Act or in any amendment made by 

7 this Act shall be construed to affect any provision of law 

8 or any rule or regulation which waives a requirement to 

9 disclose information relating to any person in any case in 

10 which there is a reasonable probability that the disclosure 

11 of the information would subject the person to threats, 

12 harassments, or reprisals. 

13 SEC. 403. SEVERABILITY. 

14 If any provision of this Act or amendment made by 

15 this Act, or the application of a provision or amendment 

16 to any person or circumstance, is held to be unconstitu17 tional, the remainder of this Act and amendments made 

18 by this Act, and the application of the provisions and 

19 amendment to any person or circumstance, shall not be 

20 affected by the holding. 

21 SEC. 404. EFFECTIVE DATE. 

22 Except as otherwise provided, this Act and the 

23 amendments made by this Act shall take effect upon the 

24 expiration of the 30-day period which begins on the date 

25 of the enactment of this Act, and shall take effect without 
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1 regard to whether or not the Federal Election Commission 

2 has promulgated regulations to carry out such amend3 ments. 

Passed the House of Representatives June 24, 2010. 

Attest: 

Clerk. 

111TH CONGRESS 

2D SESSION H. R. 5175 

AN ACT 

To amend the Federal Election Campaign Act of 

elections, and for other purposes. requirements with respect to spending in such elections, and to establish additional disclosure from making expenditures with respect to such elections, to prohibit government contractors 1971 to prohibit foreign influence in Federal