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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3628 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 476
111th CONGRESS
  2d Session
                                S. 3628

To amend the Federal Election Campaign Act of 1971 to prohibit foreign 
influence in Federal elections, to prohibit government contractors from 
 making expenditures with respect to such elections, and to establish 
  additional disclosure requirements with respect to spending in such 
                   elections, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2010

  Mr. Schumer introduced the following bill; which was read the first 
                                  time

                             July 22, 2010

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL

 
To amend the Federal Election Campaign Act of 1971 to prohibit foreign 
influence in Federal elections, to prohibit government contractors from 
 making expenditures with respect to such elections, and to establish 
  additional disclosure requirements with respect to spending in such 
                   elections, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
           TITLE I--REGULATION OF CERTAIN POLITICAL SPENDING

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

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

Sec. 201. Independent expenditures.
Sec. 202. Electioneering communications.
Sec. 203. Mandatory electronic filing by persons making independent 
                            expenditures or electioneering 
                            communications exceeding $10,000 at any 
                            time.
     Subtitle B--Expanded Requirements for Corporations and Other 
                             Organizations

Sec. 211. Additional information required to be included in reports on 
                            disbursements by covered organizations.
Sec. 212. Rules regarding use of general treasury funds by covered 
                            organizations for campaign-related 
                            activity.
Sec. 213. Optional use of separate account by covered organizations for 
                            campaign-related activity.
Sec. 214. Modification of rules relating to disclaimer statements 
                            required for certain communications.
Sec. 215. Indexing of certain amounts.
      Subtitle C--Reporting Requirements for Registered Lobbyists

Sec. 221. Requiring registered lobbyists to report information on 
                            independent expenditures and electioneering 
                            communications.
        Subtitle D--Filing by Senate Candidates With Commission

Sec. 231. Filing by Senate candidates with Commission.
   TITLE III--DISCLOSURE BY COVERED ORGANIZATIONS OF INFORMATION ON 
                       CAMPAIGN-RELATED ACTIVITY

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

SEC. 2. FINDINGS.

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

           TITLE I--REGULATION OF CERTAIN POLITICAL SPENDING

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

    (a) Prohibition Applicable to Government Contractors.--
            (1) Prohibition.--
                    (A) In general.--Section 317(a)(1) of the Federal 
                Election Campaign Act of 1971 (2 U.S.C. 441c(a)(1)) is 
                amended by striking ``purpose or use; or'' and 
                inserting the following: ``purpose or use, to make any 
                independent expenditure, or to disburse any funds for 
                an electioneering communication; or''.
                    (B) Conforming amendment.--The heading of section 
                317 of such Act (2 U.S.C. 441c) is amended by striking 
                ``contributions'' and inserting ``contributions, 
                independent expenditures, and electioneering 
                communications''.
            (2) Threshold for application of ban.--Section 317 of such 
        Act (2 U.S.C. 441c) is amended--
                    (A) by redesignating subsections (b) and (c) as 
                subsections (c) and (d); and
                    (B) by inserting after subsection (a) the following 
                new subsection:
    ``(b) To the extent that subsection (a)(1) prohibits a person who 
enters into a contract described in such subsection from making any 
independent expenditure or disbursing funds for an electioneering 
communication, such subsection shall apply only if the value of the 
contract is equal to or greater than $10,000,000.''.
    (b) Application to Recipients of Assistance Under Troubled Asset 
Program.--Section 317(a) of such Act (2 U.S.C. 441c(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) who enters into negotiations for financial assistance 
        under title I of the Emergency Economic Stabilization Act of 
        2008 (12 U.S.C. 5211 et seq.) (relating to the purchase of 
        troubled assets by the Secretary of the Treasury), during the 
        period--
                    ``(A) beginning on the later of the commencement of 
                the negotiations or the date of the enactment of the 
                Democracy is Strengthened by Casting Light on Spending 
                in Elections Act; and
                    ``(B) ending with the later of the termination of 
                such negotiations or the repayment of such financial 
                assistance;
        directly or indirectly to make any contribution of money or 
        other things of value, or to promise expressly or impliedly to 
        make any such contribution to any political party, committee, 
        or candidate for public office or to any person for any 
        political purpose or use, to make any independent expenditure, 
        or to disburse any funds for an electioneering communication; 
        or''.
    (c) Technical Amendment.--Section 317 of such Act (2 U.S.C. 441c) 
is amended by striking ``section 321'' each place it appears and 
inserting ``section 316''.

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

    (a) Application of Ban.--Section 319(b) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 441e(b)) is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) any corporation which is not a foreign national 
        described in paragraph (1) and--
                    ``(A) in which a foreign national described in 
                paragraph (1) or (2) directly or indirectly owns or 
                controls--
                            ``(i) 5 percent or more of the voting 
                        shares, if the foreign national is a foreign 
                        country, a foreign government official, or a 
                        corporation principally owned or controlled by 
                        a foreign country or foreign government 
                        official; or
                            ``(ii) 20 percent or more of the voting 
                        shares, if the foreign national is not 
                        described in clause (i);
                    ``(B) in which two or more foreign nationals 
                described in paragraph (1) or (2), each of whom owns or 
                controls at least 5 percent of the voting shares, 
                directly or indirectly own or control 50 percent or 
                more of the voting shares;
                    ``(C) with respect to which the majority of the 
                members of the board of directors are foreign nationals 
                described in paragraph (1) or (2);
                    ``(D) over which one or more foreign nationals 
                described in paragraph (1) or (2) has the power to 
                direct, dictate, or control the decision-making process 
                of the corporation with respect to its interests in the 
                United States; or
                    ``(E) over which one or more foreign nationals 
                described in paragraph (1) or (2) has the power to 
                direct, dictate, or control the decision-making process 
                of the corporation with respect to activities in 
                connection with a Federal, State, or local election, 
                including--
                            ``(i) the making of a contribution, 
                        donation, expenditure, independent expenditure, 
                        or disbursement for an electioneering 
                        communication (within the meaning of section 
                        304(f)(3)); or
                            ``(ii) the administration of a political 
                        committee established or maintained by the 
                        corporation.''.
    (b) Certification of Compliance.--Section 319 of such Act (2 U.S.C. 
441e) is amended by adding at the end the following new subsection:
    ``(c) Certification of Compliance Required Prior to Carrying Out 
Activity.--Prior to the making in connection with an election for 
Federal office of any contribution, donation, expenditure, independent 
expenditure, or disbursement for an electioneering communication by a 
corporation during a year, the chief executive officer of the 
corporation (or, if the corporation does not have a chief executive 
officer, the highest ranking official of the corporation), shall file a 
certification with the Commission, under penalty of perjury, that the 
corporation is not prohibited from carrying out such activity under 
subsection (b)(3), unless the chief executive officer has previously 
filed such a certification during the year. Nothing in this subsection 
shall be construed to apply to any contribution, donation, expenditure, 
independent expenditure, or disbursement from a separate segregated 
fund established and administered by a corporation under section 
316(b)(2)(C).''.
    (c) No Effect on Certain Activities of Domestic Corporations.--
Section 319 of such Act (2 U.S.C. 441e), as amended by subsection (b), 
is further amended by adding at the end the following new subsection:
    ``(d) No Effect on Certain Activities of Domestic Corporations.--
            ``(1) Separate segregated funds.--Nothing in this section 
        shall be construed to prohibit any corporation which is not a 
        foreign national described in paragraph (1) of subsection (b) 
        from establishing, administering, and soliciting contributions 
        to a separate segregated fund under section 316(b)(2)(C), so 
        long as none of the amounts in the fund are provided by any 
        foreign national described in paragraph (1) or (2) of 
        subsection (b) and no foreign national described in paragraph 
        (1) or (2) of subsection (b) has the power to direct, dictate, 
        or control the establishment or administration of the fund.
            ``(2) State and local elections.--Nothing in this section 
        shall be construed to prohibit any corporation which is not a 
        foreign national described in paragraph (1) of subsection (b) 
        from making a contribution or donation in connection with a 
        State or local election to the extent permitted under State or 
        local law, so long as no foreign national described in 
        paragraph (1) or (2) of subsection (b) has the power to direct, 
        dictate, or control such contribution or donation.
            ``(3) Other permissible corporate contributions and 
        expenditures.--Nothing in this section shall be construed to 
        prohibit any corporation which is not a foreign national 
        described in paragraph (1) of subsection (b) from carrying out 
        any activity described in subparagraph (A) or (B) of section 
        316(b)(2), so long as none of the amounts used to carry out the 
        activity are provided by any foreign national described in 
        paragraph (1) or (2) of subsection (b) and no foreign national 
        described in paragraph (1) or (2) of subsection (b) has the 
        power to direct, dictate, or control such activity.''.
    (d) No Effect on Other Laws.--Section 319 of such Act (2 U.S.C. 
441e), as amended by subsections (b) and (c), is further amended by 
adding at the end the following new subsection:
    ``(e) No Effect on Other Laws.--Nothing in this section shall be 
construed to affect the determination of whether a corporation is 
treated as a foreign national for purposes of any law other than this 
Act.''.

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

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

``SEC. 324. COORDINATED COMMUNICATIONS.

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

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

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

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

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

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

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

SEC. 201. INDEPENDENT EXPENDITURES.

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

SEC. 202. ELECTIONEERING COMMUNICATIONS.

    (a) Expansion of Period Covering General Election.--Section 
304(f)(3)(A)(i)(II)(aa) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 434(f)(3)(A)(i)(II)(aa)) is amended by striking ``60 days'' and 
inserting ``120 days''.
    (b) Effective Date; Transition for Communications Made Prior to 
Enactment.--The amendment made by subsection (a) shall apply with 
respect to communications made on or after the date of the enactment of 
this Act, without regard to whether or not the Federal Election 
Commission has promulgated regulations to carry out such amendments, 
except that no communication which is made prior to the date of the 
enactment of this Act shall be treated as an electioneering 
communication under section 304(f)(3)(A)(i)(II) of the Federal Election 
Campaign Act of 1971 (as amended by subsection (a)) unless the 
communication would be treated as an electioneering communication under 
such section if the amendment made by subsection (a) did not apply.

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

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

     Subtitle B--Expanded Requirements for Corporations and Other 
                             Organizations

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

    (a) Independent Expenditure Reports.--Section 304(g) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 434(g)) is amended by adding at 
the end the following new paragraph:
            ``(5) Disclosure of additional information by covered 
        organizations making payments for public independent 
        expenditures.--
                    ``(A) Additional information.--If a covered 
                organization makes or contracts to make public 
                independent expenditures in an aggregate amount equal 
                to or exceeding $10,000 in a calendar year, the report 
                filed by the organization under this subsection shall 
                include, in addition to the information required under 
                paragraph (3), the following information (subject to 
                subparagraph (B)(iv)):
                            ``(i) If any person made a donation or 
                        payment to the covered organization during the 
                        covered organization reporting period which was 
                        provided for the purpose of being used for 
                        campaign-related activity or in response to a 
                        solicitation for funds to be used for campaign-
                        related activity--
                                    ``(I) subject to subparagraph (C), 
                                the identification of each person who 
                                made such donations or payments in an 
                                aggregate amount equal to or exceeding 
                                $600 during such period, presented in 
                                the order of the aggregate amount of 
                                donations or payments made by such 
                                persons during such period (with the 
                                identification of the person making the 
                                largest donation or payment appearing 
                                first); and
                                    ``(II) if any person identified 
                                under subclause (I) designated that the 
                                donation or payment be used for 
                                campaign-related activity with respect 
                                to a specific election or in support of 
                                a specific candidate, the name of the 
                                election or candidate involved, and if 
                                any such person designated that the 
                                donation or payment be used for a 
                                specific public independent 
                                expenditure, a description of the 
                                expenditure.
                            ``(ii) The identification of each person 
                        who made unrestricted donor payments to the 
                        organization during the covered organization 
                        reporting period--
                                    ``(I) in an aggregate amount equal 
                                to or exceeding $600 during such 
                                period, if any of the disbursements 
                                made by the organization for any of the 
                                public independent expenditures which 
                                are covered by the report were not made 
                                from the organization's Campaign-
                                Related Activity Account under section 
                                326; or
                                    ``(II) in an aggregate amount equal 
                                to or exceeding $6,000 during such 
                                period, if the disbursements made by 
                                the organization for all of the public 
                                independent expenditures which are 
                                covered by the report were made 
                                exclusively from the organization's 
                                Campaign-Related Activity Account under 
                                section 326 (but only if the 
                                organization has made deposits 
                                described in subparagraph (D) of 
                                section 326(a)(2) into that Account 
                                during such period in an aggregate 
                                amount equal to or greater than 
                                $10,000),
                        presented in the order of the aggregate amount 
                        of payments made by such persons during such 
                        period (with the identification of the person 
                        making the largest payment appearing first).
                    ``(B) Treatment of transfers made to other 
                persons.--
                            ``(i) In general.--Subject to clause (iii), 
                        for purposes of the requirement to file reports 
                        under this subsection (including the 
                        requirement under subparagraph (A) to include 
                        additional information in such reports), a 
                        covered organization which transfers amounts to 
                        another person (other than the covered 
                        organization itself) for the purpose of making 
                        a public independent expenditure by that person 
                        or by any other person, or (in accordance with 
                        clause (ii)) which is deemed to have 
                        transferred amounts to another person (other 
                        than the covered organization itself) for the 
                        purpose of making a public independent 
                        expenditure by that person or by any other 
                        person, shall be considered to have made a 
                        public independent expenditure.
                            ``(ii) Rules for deeming transfers made for 
                        purpose of making expenditures.--For purposes 
                        of clause (i), in determining whether a covered 
                        organization which transfers amounts to another 
                        person shall be deemed to have transferred the 
                        amounts for the purpose of making a public 
                        independent expenditure, the following rules 
                        apply:
                                    ``(I) The covered organization 
                                shall be deemed to have transferred the 
                                amounts for the purpose of making a 
                                public independent expenditure if--
                                            ``(aa) the covered 
                                        organization designates, 
                                        requests, or suggests that the 
                                        amounts be used for public 
                                        independent expenditures and 
                                        the person to whom the amounts 
                                        were transferred agrees to do 
                                        so;
                                            ``(bb) the person making 
                                        the public independent 
                                        expenditure or another person 
                                        acting on that person's behalf 
                                        expressly solicited the covered 
                                        organization for a donation or 
                                        payment for making or paying 
                                        for any public independent 
                                        expenditures;
                                            ``(cc) the covered 
                                        organization and the person to 
                                        whom the amounts were 
                                        transferred engaged in written 
                                        or oral discussion regarding 
                                        the person either making, or 
                                        paying for, any public 
                                        independent expenditure, or 
                                        donating or transferring the 
                                        amounts to another person for 
                                        that purpose;
                                            ``(dd) the covered 
                                        organization which transferred 
                                        the funds knew or had reason to 
                                        know that the person to whom 
                                        the amounts were transferred 
                                        intended to make public 
                                        independent expenditures; or
                                            ``(ee) the covered 
                                        organization which transferred 
                                        the funds or the person to whom 
                                        the amounts were transferred 
                                        made one or more public 
                                        independent expenditures in an 
                                        aggregate amount of $50,000 or 
                                        more during the 2-year period 
                                        which ends on the date on which 
                                        the amounts were transferred.
                                    ``(II) The covered organization 
                                shall not be deemed to have transferred 
                                the amounts for the purpose of making a 
                                public independent expenditure if--
                                            ``(aa) the transfer was a 
                                        commercial transaction 
                                        occurring in the ordinary 
                                        course of business between the 
                                        covered organization and the 
                                        person to whom the amounts were 
                                        transferred, unless there is 
                                        affirmative evidence that the 
                                        amounts were transferred for 
                                        the purpose of making a public 
                                        independent expenditure; or
                                            ``(bb) the covered 
                                        organization and the person to 
                                        whom the amounts were 
                                        transferred mutually agreed (as 
                                        provided in section 325(b)(1)) 
                                        that the person will not use 
                                        the amounts for campaign-
                                        related activity.
                            ``(iii) Special rule regarding transfers 
                        among affiliates.--
                                    ``(I) Special rule.--
                                            ``(aa) In general.--Clause 
                                        (i) and (ii) shall not apply in 
                                        the case of an amount 
                                        transferred by one covered 
                                        organization to another covered 
                                        organization which is treated 
                                        as a transfer between 
                                        affiliates under subclause 
                                        (II).
                                            ``(bb) Reporting by 
                                        transferee.--In the case of any 
                                        such transfer or transfers 
                                        between affiliates in an 
                                        aggregate amount equal to or 
                                        greater than $50,000 in a 
                                        calendar year, any report filed 
                                        under subparagraph (A) by the 
                                        covered organization that 
                                        receives the transferred funds 
                                        shall include the information 
                                        required under that 
                                        subparagraph relating to 
                                        donations or payments made--

                                                    ``(AA) to the 
                                                affiliate which 
                                                transferred the funds 
                                                where such donations or 
                                                payments were made to 
                                                the affiliate in the 
                                                12-month period prior 
                                                to the transfer, and

                                                    ``(BB) to any 
                                                affiliate which 
                                                transferred an 
                                                aggregate amount equal 
                                                to or greater than 
                                                $50,000 to any 
                                                affiliate described in 
                                                subitem (AA) in the 12-
                                                month period prior to 
                                                the transfer.

                                    ``(II) Description of transfers 
                                between affiliates.--A transfer of 
                                amounts from one covered organization 
                                to another covered organization shall 
                                be treated as a transfer between 
                                affiliates if--
                                            ``(aa) one of the 
                                        organizations is an affiliate 
                                        of the other organization; or
                                            ``(bb) each of the 
                                        organizations is an affiliate 
                                        of the same organization,
                                except that the transfer shall not be 
                                treated as a transfer between 
                                affiliates if one of the organizations 
                                is established for the purpose of 
                                disbursing funds for campaign-related 
                                activity.
                                    ``(III) Determination of affiliate 
                                status.--For purposes of subclause 
                                (II), the following covered 
                                organizations are considered to be 
                                affiliates of each other--
                                            ``(aa) a membership 
                                        organization (including trade 
                                        or professional associations) 
                                        and the related State and local 
                                        entities of that organization 
                                        or group;
                                            ``(bb) a national or 
                                        international labor 
                                        organization and its local 
                                        unions, or an organization of 
                                        national or international 
                                        unions and its State and local 
                                        central bodies.
                                            ``(cc) a corporation and 
                                        its wholly owned subsidiaries.
                                    ``(IV) Coverage of transfers to 
                                affiliated section 501(c)(3) 
                                organizations.--This clause shall apply 
                                with respect to an amount transferred 
                                by a covered organization to an 
                                organization described in paragraph (3) 
                                of section 501(c) of the Internal 
                                Revenue Code of 1986 and exempt from 
                                tax under section 501(a) of such Code 
                                in the same manner as this clause 
                                applies to an amount transferred by a 
                                covered organization to another covered 
                                organization.
                            ``(iv) Special threshold for disclosure of 
                        donors.--Notwithstanding clause (i) or (ii) of 
                        subparagraph (A), if a covered organization is 
                        required to include the identification of a 
                        person described in such clause in a report 
                        filed under this subsection because the covered 
                        organization is deemed (in accordance with 
                        clause (ii)) to have transferred amounts for 
                        the purpose of making a public independent 
                        expenditure or because clause (iii)(I)(bb) 
                        applies to such covered organization, the 
                        organization shall include the identification 
                        of the person only if the person made donations 
                        or payments (in the case of a person described 
                        in clause (i)(I) of subparagraph (A)) or 
                        unrestricted donor payments (in the case of a 
                        person described in clause (ii) of subparagraph 
                        (A)) to the covered organization during the 
                        covered organization reporting period involved 
                        in an aggregate amount equal to or exceeding 
                        $10,000.
                    ``(C) Exclusion of amounts designated for other 
                campaign-related activity.--For purposes of 
                subparagraph (A)(i), in determining the amount of a 
                donation or payment made by a person which was provided 
                for the purpose of being used for campaign-related 
                activity or in response to a solicitation for funds to 
                be used for campaign-related activity, there shall be 
                excluded any amount which was designated by the person 
                to be used--
                            ``(i) for campaign-related activity 
                        described in clause (i) of section 325(d)(2)(A) 
                        (relating to independent expenditures) with 
                        respect to a different election, or with 
                        respect to a candidate in a different election, 
                        than an election which is the subject of any of 
                        the public independent expenditures covered by 
                        the report involved; or
                            ``(ii) for any campaign-related activity 
                        described in clause (ii) of section 
                        325(d)(2)(A) (relating to electioneering 
                        communications).
                    ``(D) Exclusion of amounts paid from separate 
                segregated fund.--In determining the amount of public 
                independent expenditures made by a covered organization 
                for purposes of this paragraph, there shall be excluded 
                any amounts paid from a separate segregated fund 
                established and administered by the organization under 
                section 316(b)(2)(C).
                    ``(E) Covered organization reporting period 
                described.--In this paragraph, the `covered 
                organization reporting period' is, with respect to a 
                report filed by a covered organization under this 
                subsection--
                            ``(i) in the case of the first report filed 
                        by a covered organization under this subsection 
                        which includes information required under this 
                        paragraph, the shorter of--
                                    ``(I) the period which begins on 
                                the effective date of the Democracy is 
                                Strengthened by Casting Light on 
                                Spending in Elections Act and ends on 
                                the last day covered by the report, or
                                    ``(II) the 12-month period ending 
                                on the last day covered by the report; 
                                and
                            ``(ii) in the case of any subsequent report 
                        filed by a covered organization under this 
                        subsection which includes information required 
                        under this paragraph, the period occurring 
                        since the most recent report filed by the 
                        organization which includes such information.
                    ``(F) Covered organization defined.--In this 
                paragraph, the term `covered organization' means any of 
                the following:
                            ``(i) Any corporation which is subject to 
                        section 316(a), other than a corporation which 
                        is an organization described in paragraph (3) 
                        of section 501(c) of the Internal Revenue Code 
                        of 1986 and exempt from tax under section 
                        501(a) of such Code.
                            ``(ii) Any labor organization (as defined 
                        in section 316).
                            ``(iii) Any organization described in 
                        paragraph (4), (5), or (6) of section 501(c) of 
                        the Internal Revenue Code of 1986 and exempt 
                        from tax under section 501(a) of such Code, 
                        other than an exempt section 501(c)(4) 
                        organization (as defined in section 301(27)).
                            ``(iv) Any political organization under 
                        section 527 of the Internal Revenue Code of 
                        1986, other than a political committee under 
                        this Act.
                    ``(G) Other definitions.--In this paragraph--
                            ``(i) the terms `campaign-related activity' 
                        and `unrestricted donor payment' have the 
                        meaning given such terms in section 325; and
                            ``(ii) the term `public independent 
                        expenditure' means an independent expenditure 
                        for a public communication (as defined in 
                        section 301(22)).''.
    (b) Electioneering Communication Reports.--
            (1) In general.--Section 304(f) of such Act (2 U.S.C. 
        434(f)) is amended--
                    (A) by redesignating paragraphs (6) and (7) as 
                paragraphs (7) and (8); and
                    (B) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) Disclosure of additional information by covered 
        organizations.--
                    ``(A) Additional information.--If a covered 
                organization files a statement under this subsection, 
                the statement shall include, in addition to the 
                information required under paragraph (2), the following 
                information (subject to subparagraph (B)(iv)):
                            ``(i) If any person made a donation or 
                        payment to the covered organization during the 
                        covered organization reporting period which was 
                        provided for the purpose of being used for 
                        campaign-related activity or in response to a 
                        solicitation for funds to be used for campaign-
                        related activity--
                                    ``(I) subject to subparagraph (C), 
                                the identification of each person who 
                                made such donations or payments in an 
                                aggregate amount equal to or exceeding 
                                $1,000 during such period, presented in 
                                the order of the aggregate amount of 
                                donations or payments made by such 
                                persons during such period (with the 
                                identification of the person making the 
                                largest donation or payment appearing 
                                first); and
                                    ``(II) if any person identified 
                                under subclause (I) designated that the 
                                donation or payment be used for 
                                campaign-related activity with respect 
                                to a specific election or in support of 
                                a specific candidate, the name of the 
                                election or candidate involved, and if 
                                any such person designated that the 
                                donation or payment be used for a 
                                specific electioneering communication, 
                                a description of the communication.
                            ``(ii) The identification of each person 
                        who made unrestricted donor payments to the 
                        organization during the covered organization 
                        reporting period--
                                    ``(I) in an aggregate amount equal 
                                to or exceeding $1,000 during such 
                                period, if the organization made any of 
                                the disbursements which are described 
                                in subclause (II) from a source other 
                                than the organization's Campaign-
                                Related Activity Account under section 
                                326; or
                                    ``(II) in an aggregate amount equal 
                                to or exceeding $10,000 during such 
                                period, if the organization made from 
                                its Campaign-Related Activity Account 
                                under section 326 all of its 
                                disbursements for electioneering 
                                communications during such period which 
                                are, on the basis of a reasonable 
                                belief by the organization, subject to 
                                treatment as disbursements for an 
                                exempt function for purposes of section 
                                527(f) of the Internal Revenue Code of 
                                1986 (but only if the organization has 
                                made deposits described in subparagraph 
                                (D) of section 326(a)(2) into that 
                                Account during such period in an 
                                aggregate amount equal to or greater 
                                than $10,000),
                        presented in the order of the aggregate amount 
                        of payments made by such persons during such 
                        period (with the identification of the person 
                        making the largest payment appearing first).
                    ``(B) Treatment of transfers made to other 
                persons.--
                            ``(i) In general.--Subject to clause (iii), 
                        for purposes of the requirement to file 
                        statements under this subsection (including the 
                        requirement under subparagraph (A) to include 
                        additional information in such statements), a 
                        covered organization which transfers amounts to 
                        another person (other than the covered 
                        organization itself) for the purpose of making 
                        an electioneering communication by that person 
                        or by any other person, or (in accordance with 
                        clause (ii)) which is deemed to have 
                        transferred amounts to another person (other 
                        than the covered organization itself) for the 
                        purpose of making an electioneering 
                        communication by that person or by any other 
                        person, shall be considered to have made a 
                        disbursement for an electioneering 
                        communication.
                            ``(ii) Rules for deeming transfers made for 
                        purpose of making communications.--For purposes 
                        of clause (i), in determining whether a covered 
                        organization which transfers amounts to another 
                        person shall be deemed to have transferred the 
                        amounts for the purpose of making an 
                        electioneering communication, the following 
                        rules apply:
                                    ``(I) The covered organization 
                                shall be deemed to have transferred the 
                                amounts for the purpose of making an 
                                electioneering communication if--
                                            ``(aa) the covered 
                                        organization designates, 
                                        requests, or suggests that the 
                                        amounts be used for 
                                        electioneering communications 
                                        and the person to whom the 
                                        amounts were transferred agrees 
                                        to do so;
                                            ``(bb) the person making 
                                        the electioneering 
                                        communication or another person 
                                        acting on that person's behalf 
                                        expressly solicited the covered 
                                        organization for a donation or 
                                        payment for making or paying 
                                        for any electioneering 
                                        communications;
                                            ``(cc) the covered 
                                        organization and the person to 
                                        whom the amounts were 
                                        transferred engaged in written 
                                        or oral discussion regarding 
                                        the person either making, or 
                                        paying for, any electioneering 
                                        communication, or donating or 
                                        transferring the amounts to 
                                        another person for that 
                                        purpose;
                                            ``(dd) the covered 
                                        organization which transferred 
                                        the funds knew or had reason to 
                                        know that the person to whom 
                                        the amounts were transferred 
                                        intended to make electioneering 
                                        communications; or
                                            ``(ee) the covered 
                                        organization which transferred 
                                        the funds or the person to whom 
                                        the amounts were transferred 
                                        made one or more electioneering 
                                        communications in an aggregate 
                                        amount of $50,000 or more 
                                        during the 2-year period which 
                                        ends on the date on which the 
                                        amounts were transferred.
                                    ``(II) The covered organization 
                                shall not be deemed to have transferred 
                                the amounts for the purpose of making 
                                an electioneering communication if--
                                            ``(aa) the transfer was a 
                                        commercial transaction 
                                        occurring in the ordinary 
                                        course of business between the 
                                        covered organization and the 
                                        person to whom the amounts were 
                                        transferred, unless there is 
                                        affirmative evidence that the 
                                        amounts were transferred for 
                                        the purpose of making an 
                                        electioneering communication; 
                                        or
                                            ``(bb) the covered 
                                        organization and the person to 
                                        whom the amounts were 
                                        transferred mutually agreed (as 
                                        provided in section 325(b)(1)) 
                                        that the person will not use 
                                        the amounts for campaign-
                                        related activity.
                            ``(iii) Special rule regarding transfers 
                        among affiliates.--
                                    ``(I) Special rule.--
                                            ``(aa) In general.--Clause 
                                        (i) and (ii) shall not apply in 
                                        the case of an amount 
                                        transferred by one covered 
                                        organization to another covered 
                                        organization which is treated 
                                        as a transfer between 
                                        affiliates under subclause 
                                        (II).
                                            ``(bb) Reporting by 
                                        transferee.--In the case of any 
                                        such transfer or transfers 
                                        between affiliates in an 
                                        aggregate amount equal to or 
                                        greater than $50,000 in a 
                                        calendar year, any report filed 
                                        under subparagraph (A) by the 
                                        covered organization that 
                                        receives the transferred funds 
                                        shall include the information 
                                        required under that 
                                        subparagraph relating to 
                                        donations or payments made--

                                                    ``(AA) to the 
                                                affiliate which 
                                                transferred the funds 
                                                where such donations or 
                                                payments were made to 
                                                the affiliate in the 
                                                12-month period prior 
                                                to the transfer, and

                                                    ``(BB) to any 
                                                affiliate which 
                                                transferred an 
                                                aggregate amount equal 
                                                to or greater than 
                                                $50,000 to any 
                                                affiliate described in 
                                                subitem (AA) in the 12-
                                                month period prior to 
                                                the transfer.

                                    ``(II) Description of transfers 
                                between affiliates.--A transfer of 
                                amounts from one covered organization 
                                to another covered organization shall 
                                be treated as a transfer between 
                                affiliates if--
                                            ``(aa) one of the 
                                        organizations is an affiliate 
                                        of the other organization; or
                                            ``(bb) each of the 
                                        organizations is an affiliate 
                                        of the same organization,
                                except that the transfer shall not be 
                                treated as a transfer between 
                                affiliates if one of the organizations 
                                is established for the purpose of 
                                disbursing funds for campaign-related 
                                activity.
                                    ``(III) Determination of affiliate 
                                status.--For purposes of subclause 
                                (II), the following covered 
                                organizations are considered to be 
                                affiliates of each other--
                                            ``(aa) a membership 
                                        organization (including trade 
                                        or professional associations) 
                                        and the related State and local 
                                        entities of that organization 
                                        or group;
                                            ``(bb) a national or 
                                        international labor 
                                        organization and its local 
                                        unions, or an organization of 
                                        national or international 
                                        unions and its State and local 
                                        central bodies.
                                            ``(cc) a corporation and 
                                        its wholly owned subsidiaries.
                                    ``(IV) Coverage of transfers to 
                                affiliated section 501(c)(3) 
                                organizations.--This clause shall apply 
                                with respect to an amount transferred 
                                by a covered organization to an 
                                organization described in paragraph (3) 
                                of section 501(c) of the Internal 
                                Revenue Code of 1986 and exempt from 
                                tax under section 501(a) of such Code 
                                in the same manner as this clause 
                                applies to an amount transferred by a 
                                covered organization to another covered 
                                organization.
                            ``(iv) Special threshold for disclosure of 
                        donors.--Notwithstanding clause (i) or (ii) of 
                        subparagraph (A), if a covered organization is 
                        required to include the identification of a 
                        person described in such clause in a statement 
                        filed under this subsection because the covered 
                        organization is deemed (in accordance with 
                        clause (ii)) to have transferred amounts for 
                        the purpose of making an electioneering 
                        communication, the organization shall include 
                        the identification of the person only if the 
                        person made donations or payments (in the case 
                        of a person described in clause (i)(I) of 
                        subparagraph (A)) or unrestricted donor 
                        payments (in the case of a person described in 
                        clause (ii) of subparagraph (A)) to the covered 
                        organization during the covered organization 
                        reporting period involved in an aggregate 
                        amount equal to or exceeding $10,000.
                    ``(C) Exclusion of amounts designated for other 
                campaign-related activity.--For purposes of 
                subparagraph (A)(i), in determining the amount of a 
                donation or payment made by a person which was provided 
                for the purpose of being used for campaign-related 
                activity or in response to a solicitation for funds to 
                be used for campaign-related activity, there shall be 
                excluded any amount which was designated by the person 
                to be used--
                            ``(i) for campaign-related activity 
                        described in clause (i) of section 325(d)(2)(A) 
                        (relating to independent expenditures) with 
                        respect to a different election, or with 
                        respect to a candidate in a different election, 
                        than an election which is the subject of any of 
                        the public independent expenditures covered by 
                        the report involved; or
                            ``(ii) for any campaign-related activity 
                        described in clause (ii) of section 
                        325(d)(2)(A) (relating to electioneering 
                        communications).
                    ``(D) Covered organization reporting period 
                described.--In this paragraph, the `covered 
                organization reporting period' is, with respect to a 
                statement filed by a covered organization under this 
                subsection--
                            ``(i) in the case of the first statement 
                        filed by a covered organization under this 
                        subsection which includes information required 
                        under this paragraph, the shorter of--
                                    ``(I) the period which begins on 
                                the effective date of the Democracy is 
                                Strengthened by Casting Light on 
                                Spending in Elections Act and ends on 
                                the disclosure date for the statement, 
                                or
                                    ``(II) the 12-month period ending 
                                on the disclosure date for the 
                                statement; and
                            ``(ii) in the case of any subsequent 
                        statement filed by a covered organization under 
                        this subsection which includes information 
                        required under this paragraph, the period 
                        occurring since the most recent statement filed 
                        by the organization which includes such 
                        information.
                    ``(E) Covered organization defined.--In this 
                paragraph, the term `covered organization' means any of 
                the following:
                            ``(i) Any corporation which is subject to 
                        section 316(a), other than a corporation which 
                        is an organization described in paragraph (3) 
                        of section 501(c) of the Internal Revenue Code 
                        of 1986 and exempt from tax under section 
                        501(a) of such Code.
                            ``(ii) Any labor organization (as defined 
                        in section 316).
                            ``(iii) Any organization described in 
                        paragraph (4), (5), or (6) of section 501(c) of 
                        the Internal Revenue Code of 1986 and exempt 
                        from tax under section 501(a) of such Code, 
                        other than an exempt section 501(c)(4) 
                        organization (as defined in section 301(27)).
                            ``(iv) Any political organization under 
                        section 527 of the Internal Revenue Code of 
                        1986, other than a political committee under 
                        this Act.
                    ``(F) Other definitions.--In this paragraph, the 
                terms `campaign-related activity' and `unrestricted 
                donor payment' have the meaning given such terms in 
                section 325.''.
            (2) Conforming amendment.--Section 304(f)(2) of such Act (2 
        U.S.C. 434(f)(2)) is amended by striking ``If the 
        disbursements'' each place it appears in subparagraph (E) and 
        (F) and inserting the following: ``Except in the case of a 
        statement which is required to include additional information 
        under paragraph (6), if the disbursements''.
    (c) Exemption of Certain Section 501(c)(4) Organizations.--Section 
301 of such Act (2 U.S.C. 431) is amended by adding at the end the 
following:
            ``(27) Exempt section 501(c)(4) organization.--The term 
        `exempt section 501(c)(4) organization' means, with respect to 
        disbursements made by an organization during a calendar year, 
        an organization for which the chief executive officer of the 
        organization certifies to the Commission (prior to the first 
        disbursement made by the organization during the year) that 
        each of the following applies:
                    ``(A) The organization is described in paragraph 
                (4) of section 501(c) of the Internal Revenue Code of 
                1986 and exempt from tax under section 501(a) of such 
                Code, and was so described and so exempt during each of 
                the 10 previous calendar years.
                    ``(B) The organization has at least 500,000 
                individuals who paid membership dues during the 
                previous calendar year (determined as of the last day 
                of that year).
                    ``(C) The dues-paying membership of the 
                organization includes at least one individual from each 
                State. For purposes of this subparagraph, the term 
                `State' means each of the several States, the District 
                of Columbia, and the Commonwealth of Puerto Rico.
                    ``(D) During the previous calendar year, the 
                portion of funds provided to the organization by 
                corporations (as described in section 316) or labor 
                organizations (as defined in section 316), other than 
                funds provided pursuant to commercial transactions 
                occurring in the ordinary course of business, did not 
                exceed 15 percent of the total amount of all funds 
                provided to the organization from all sources.
                    ``(E) The organization does not use any of the 
                funds provided to the organization by corporations (as 
                described in section 316) or labor organizations (as 
                defined in section 316) for campaign-related activity 
                (as defined in section 325).''.

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

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

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

    ``(a) Use of Funds for Campaign-Related Activity.--
            ``(1) In general.--Subject to any applicable restrictions 
        and prohibitions under this Act, a covered organization may 
        make disbursements for campaign-related activity using--
                    ``(A) amounts paid or donated to the organization 
                which are designated by the person providing the 
                amounts to be used for campaign-related activity;
                    ``(B) unrestricted donor payments made to the 
                organization; and
                    ``(C) other funds of the organization, including 
                amounts received pursuant to commercial activities in 
                the regular course of a covered organization's 
                business.
            ``(2) No effect on use of separate segregated fund.--
        Nothing in this section shall be construed to affect the 
        authority of a covered organization to make disbursements from 
        a separate segregated fund established and administered by the 
        organization under section 316(b)(2)(C).
    ``(b) Mutually Agreed Restrictions on Use of Funds for Campaign-
Related Activity.--
            ``(1) Agreement and certification.--If a covered 
        organization and a person mutually agree, at the time the 
        person makes a donation, payment, or transfer to the 
        organization which would require the organization to disclose 
        the person's identification under section 304(g)(5)(A)(ii) or 
        section 304(f)(6)(A)(ii), that the organization will not use 
        the donation, payment, or transfer for campaign-related 
        activity, then not later than 30 days after the organization 
        receives the donation, payment, or transfer the organization 
        shall transmit to the person a written certification by the 
        chief financial officer of the covered organization (or, if the 
        organization does not have a chief financial officer, the 
        highest ranking financial official of the organization) that--
                    ``(A) the organization will not use the donation, 
                payment, or transfer for campaign-related activity; and
                    ``(B) the organization will not include any 
                information on the person in any report filed by the 
                organization under section 304 with respect to 
                independent expenditures or electioneering 
                communications, so that the person will not be required 
                to appear in a significant funder statement or a Top 5 
                Funders list under section 318(e).
            ``(2) Exception for payments made pursuant to commercial 
        activities.--Paragraph (1) does not apply with respect to any 
        payment or transfer made pursuant to commercial activities in 
        the regular course of a covered organization's business.
    ``(c) Certifications Regarding Disbursements for Campaign-related 
Activity.--
            ``(1) Certification by chief executive officer.--If, at any 
        time during a calendar quarter, a covered organization makes a 
        disbursement of funds for campaign-related activity using funds 
        described in subsection (a)(1), the chief executive officer of 
        the covered organization or the chief executive officer's 
        designee (or, if the organization does not have a chief 
        executive officer, the highest ranking official of the 
        organization or the highest ranking official's designee) shall 
        file a statement with the Commission which contains the 
        following certifications:
                    ``(A) None of the campaign-related activity for 
                which the organization disbursed the funds during the 
                quarter was made in cooperation, consultation, or 
                concert with, or at the request or suggestion of, any 
                candidate or any authorized committee or agent of such 
                candidate, or political committee of a political party 
                or agent of any political party.
                    ``(B) The chief executive officer or highest 
                ranking official of the covered organization (as the 
                case may be) has reviewed and approved each statement 
                and report filed by the organization under section 304 
                with respect to any such disbursement made during the 
                quarter.
                    ``(C) Each statement and report filed by the 
                organization under section 304 with respect to any such 
                disbursement made during the quarter is complete and 
                accurate.
                    ``(D) All such disbursements made during the 
                quarter are in compliance with this Act.
                    ``(E) No portion of the amounts used to make any 
                such disbursements during the quarter is attributable 
                to funds received by the organization that were subject 
                to a mutual agreement (as provided in subsection 
                (b)(1)) that the organization will not use the funds 
                for campaign-related activity by the person who 
                provided the funds from being used for campaign-related 
                activity pursuant to subsection (b).
            ``(2) Application of electronic filing rules.--Section 
        304(d)(1) shall apply with respect to a statement required 
        under this subsection in the same manner as such section 
        applies with respect to a statement under subsection (c) or (g) 
        of section 304.
            ``(3) Deadline.--The chief executive officer or highest 
        ranking official of a covered organization (as the case may be) 
        shall file the statement required under this subsection with 
        respect to a calendar quarter not later than 15 days after the 
        end of the quarter.
    ``(d) Definitions.--For purposes of this section, the following 
definitions apply:
            ``(1) Covered organization.--The term `covered 
        organization' means any of the following:
                    ``(A) Any corporation which is subject to section 
                316(a), other than a corporation which is an 
                organization described in paragraph (3) of section 
                501(c) of the Internal Revenue Code of 1986 and exempt 
                from tax under section 501(a) of such Code.
                    ``(B) Any labor organization (as defined in section 
                316).
                    ``(C) Any organization described in paragraph (4), 
                (5), or (6) of section 501(c) of the Internal Revenue 
                Code of 1986 and exempt from tax under section 501(a) 
                of such Code, other than an exempt section 501(c)(4) 
                organization (as defined in section 301(27)).
                    ``(D) Any political organization under section 527 
                of the Internal Revenue Code of 1986, other than a 
                political committee under this Act.
            ``(2) Campaign-related activity.--
                    ``(A) In general.--The term `campaign-related 
                activity' means--
                            ``(i) an independent expenditure consisting 
                        of a public communication (as defined in 
                        section 301(22)), a transfer of funds to 
                        another person (other than the transferor 
                        itself) for the purpose of making such an 
                        independent expenditure by that person or by 
                        any other person (subject to subparagraph (C)), 
                        or (in accordance with subparagraph (B) and 
                        subject to subparagraph (C)) a transfer of 
                        funds to another person (other than the 
                        transferor itself) which is deemed to have been 
                        made for the purpose of making such an 
                        independent expenditure by that person or by 
                        any other person; or
                            ``(ii) an electioneering communication, a 
                        transfer of funds to another person (other than 
                        the transferor itself) for the purpose of 
                        making an electioneering communication by that 
                        person or by any other person (subject to 
                        subparagraph (C)), or (in accordance with 
                        subparagraph (B) and subject to subparagraph 
                        (C)) a transfer of funds to another person 
                        (other than the transferor itself) which is 
                        deemed to have been made for the purpose of 
                        making an electioneering communication by that 
                        person or by any other person.
                    ``(B) Rule for deeming transfers made for purpose 
                of campaign-related activity.--For purposes of 
                subparagraph (A), in determining whether a transfer of 
                funds by a covered organization to another person shall 
                be deemed to have been made for the purpose of making 
                an independent expenditure consisting of a public 
                communication or an electioneering communication, the 
                following rules apply:
                            ``(i) The transfer shall be deemed to have 
                        been made for the purpose of making such an 
                        independent expenditure or an electioneering 
                        communication if--
                                    ``(I) the covered organization 
                                designates, requests, or suggests that 
                                the amounts be used for such 
                                independent expenditures or 
                                electioneering communications and the 
                                person to whom the amounts were 
                                transferred agrees to do so;
                                    ``(II) the person making such 
                                independent expenditures or 
                                electioneering communications or 
                                another person acting on that person's 
                                behalf expressly solicited the covered 
                                organization for a donation or payment 
                                for making or paying for any such 
                                independent expenditure or 
                                electioneering communication;
                                    ``(III) the covered organization 
                                and the person to whom the amounts were 
                                transferred engaged in written or oral 
                                discussion regarding the person either 
                                making, or paying for, such independent 
                                expenditures or electioneering 
                                communications, or donating or 
                                transferring the amounts to another 
                                person for that purpose;
                                    ``(IV) the covered organization 
                                which transferred the funds knew or had 
                                reason to know that the person to whom 
                                the amounts were transferred intended 
                                to make such independent expenditures 
                                or electioneering communications; or
                                    ``(V) the covered organization 
                                which transferred the funds or the 
                                person to whom the amounts were 
                                transferred made one or more such 
                                independent expenditures or 
                                electioneering communications in an 
                                aggregate amount of $50,000 or more 
                                during the 2-year period which ends on 
                                the date on which the amounts were 
                                transferred.
                            ``(ii) The transfer shall not be deemed to 
                        have been made for the purpose of making such 
                        an independent expenditure or an electioneering 
                        communication if--
                                    ``(I) the transfer was a commercial 
                                transaction occurring in the ordinary 
                                course of business between the covered 
                                organization and the person to whom the 
                                amounts were transferred, unless there 
                                is affirmative evidence that the 
                                amounts were transferred for the 
                                purpose of making such an independent 
                                expenditure or electioneering 
                                communication; or
                                    ``(II) the covered organization and 
                                the person to whom the amounts were 
                                transferred mutually agreed (as 
                                provided in subsection (b)(1)) that the 
                                person will not use the amounts for 
                                campaign-related activity.
                    ``(C) Special rule regarding transfers among 
                affiliates.--
                            ``(i) Special rule.--
                                    ``(I) In general.--Subparagraph (A) 
                                and (B) shall not apply in the case of 
                                an amount transferred by one covered 
                                organization to another covered 
                                organization which is treated as a 
                                transfer between affiliates under 
                                clause (ii).
                                    ``(II) Reporting by transferee.--In 
                                the case of any such transfer or 
                                transfers between affiliates in an 
                                aggregate amount equal to or greater 
                                than $50,000 in a calendar year, any 
                                report filed under subparagraph (A) by 
                                the covered organization that receives 
                                the transferred funds shall include the 
                                information required under that 
                                subparagraph relating to donations or 
                                payments made--
                                            ``(aa) to the affiliate 
                                        which transferred the funds 
                                        where such donations or 
                                        payments were made to the 
                                        affiliate in the 12-month 
                                        period prior to the transfer, 
                                        and
                                            ``(bb) to any affiliate 
                                        which transferred an aggregate 
                                        amount equal to or greater than 
                                        $50,000 to any affiliate 
                                        described in item (aa) in the 
                                        12-month period prior to the 
                                        transfer.
                            ``(ii) Description of transfers between 
                        affiliates.--A transfer of amounts from one 
                        covered organization to another covered 
                        organization shall be treated as a transfer 
                        between affiliates if--
                                    ``(I) one of the organizations is 
                                an affiliate of the other organization; 
                                or
                                    ``(II) each of the organizations is 
                                an affiliate of the same organization,
                        except that the transfer shall not be treated 
                        as a transfer between affiliates if one of the 
                        organizations is established for the purpose of 
                        disbursing funds for campaign-related activity.
                            ``(iii) Determination of affiliate 
                        status.--For purposes of clause (ii), the 
                        following covered organizations are considered 
                        to be affiliates of each other--
                                    ``(I) a membership organization 
                                (including trade or professional 
                                associations) and the related State and 
                                local entities of that organization or 
                                group;
                                    ``(II) a national or international 
                                labor organization and its local 
                                unions, or an organization of national 
                                or international unions and its State 
                                and local central bodies.
                                    ``(III) a corporation and its 
                                wholly owned subsidiaries.
                            ``(iv) Coverage of transfers to affiliated 
                        section 501(c)(3) organizations.--This 
                        subparagraph shall apply with respect to an 
                        amount transferred by a covered organization to 
                        an organization described in paragraph (3) of 
                        section 501(c) of the Internal Revenue Code of 
                        1986 and exempt from tax under section 501(a) 
                        of such Code in the same manner as this 
                        subparagraph applies to an amount transferred 
                        by a covered organization to another covered 
                        organization.
            ``(3) Unrestricted donor payment.--The term `unrestricted 
        donor payment' means a payment to a covered organization which 
        consists of a donation or payment from a person other than the 
        covered organization, except that such term does not include--
                    ``(A) any payment made pursuant to commercial 
                activities in the regular course of a covered 
                organization's business; or
                    ``(B) any donation or payment which is designated 
                by the person making the donation or payment to be used 
                for campaign-related activity or made in response to a 
                solicitation for funds to be used for campaign-related 
                activity.''.

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

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

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

    ``(a) Optional Use of Separate Account.--
            ``(1) Establishment of account.--
                    ``(A) In general.--At its option, a covered 
                organization may make disbursements for campaign-
                related activity using amounts from a bank account 
                established and controlled by the organization to be 
                known as the Campaign-Related Activity Account 
                (hereafter in this section referred to as the 
                `Account'), which shall be maintained separately from 
                all other accounts of the organization and which shall 
                consist exclusively of the deposits described in 
                paragraph (2).
                    ``(B) Mandatory use of account after 
                establishment.--If a covered organization establishes 
                an Account under this section, it may not make 
                disbursements for campaign-related activity from any 
                source other than amounts from the Account, other than 
                disbursements for campaign-related activity which, on 
                the basis of a reasonable belief by the organization, 
                would not be treated as disbursements for an exempt 
                function for purposes of section 527(f) of the Internal 
                Revenue Code of 1986.
                    ``(C) Exclusive use of account for campaign-related 
                activity.--Amounts in the Account shall be used 
                exclusively for disbursements by the covered 
                organization for campaign-related activity. After such 
                disbursements are made, information with respect to 
                deposits made to the Account shall be disclosed in 
                accordance with section 304(g)(5) or section 304(f)(6).
            ``(2) Deposits described.--The deposits described in this 
        paragraph are deposits of the following amounts:
                    ``(A) Amounts donated or paid to the covered 
                organization by a person other than the organization 
                for the purpose of being used for campaign-related 
                activity, and for which the person providing the 
                amounts has designated that the amounts be used for 
                campaign-related activity with respect to a specific 
                election or specific candidate.
                    ``(B) Amounts donated or paid to the covered 
                organization by a person other than the organization 
                for the purpose of being used for campaign-related 
                activity, and for which the person providing the 
                amounts has not designated that the amounts be used for 
                campaign-related activity with respect to a specific 
                election or specific candidate.
                    ``(C) Amounts donated or paid to the covered 
                organization by a person other than the organization in 
                response to a solicitation for funds to be used for 
                campaign-related activity.
                    ``(D) Amounts transferred to the Account by the 
                covered organization from other accounts of the 
                organization, including from the organization's general 
                treasury funds.
            ``(3) No treatment as political committee.--The 
        establishment and administration of an Account in accordance 
        with this subsection shall not by itself be treated as the 
        establishment or administration of a political committee for 
        any purpose of this Act.
    ``(b) Reduction in Amounts Otherwise Available for Account in 
Response to Demand of General Donors.--
            ``(1) In general.--If a covered organization which has 
        established an Account obtains any revenues during a year which 
        are attributable to a donation or payment from a person other 
        than the covered organization, and if the organization and any 
        such person have mutually agreed (as provided in section 
        325(b)(1)) that the organization will not use the person's 
        donation, payment, or transfer for campaign-related activity, 
        the organization shall reduce the amount of its revenues 
        available for deposits to the Account which are described in 
        subsection (a)(3)(D) during the year by the amount of the 
        donation or payment which is subject to the mutual agreement.
            ``(2) Exception.--Paragraph (1) does not apply with respect 
        to any payment made pursuant to commercial activities in the 
        regular course of a covered organization's business.
    ``(c) Covered Organization Defined.--In this section, the term 
`covered organization' means any of the following:
            ``(1) Any corporation which is subject to section 316(a), 
        other than a corporation which is an organization described in 
        paragraph (3) of section 501(c) of the Internal Revenue Code of 
        1986 and exempt from tax under section 501(a) of such Code.
            ``(2) Any labor organization (as defined in section 316).
            ``(3) Any organization described in paragraph (4), (5), or 
        (6) of section 501(c) of the Internal Revenue Code of 1986 and 
        exempt from tax under section 501(a) of such Code, other than 
        an exempt section 501(c)(4) organization (as defined in section 
        301(27)).
            ``(4) Any political organization under section 527 of the 
        Internal Revenue Code of 1986, other than a political committee 
        under this Act.
    ``(d) Campaign-related Activity Defined.--In this section, the term 
`campaign-related activity' has the meaning given such term in section 
325.''.
    (b) Clarification of Treatment as Separate Segregated Fund.--A 
Campaign-Related Activity Account (within the meaning of section 326 of 
the Federal Election Campaign Act of 1971, as added by subsection (a)) 
may be treated as a separate segregated fund for purposes of section 
527(f)(3) of the Internal Revenue Code of 1986.

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

    (a) Applying Requirements to All Independent Expenditure 
Communications.--Section 318(a) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 441d(a)) is amended by striking ``for the purpose of 
financing communications expressly advocating the election or defeat of 
a clearly identified candidate'' and inserting ``for an independent 
expenditure consisting of a public communication''.
    (b) Stand by Your Ad Requirements.--
            (1) Maintenance of existing requirements for communications 
        by political parties and other political committees.--Section 
        318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is amended--
                    (A) in the heading, by striking ``others'' and 
                inserting ``political committees'';
                    (B) by striking ``subsection (a)'' and inserting 
                ``subsection (a) which is paid for by a political 
                committee (including a political committee of a 
                political party), other than a political committee 
                which is described in subsection (e)(7)(B),''; and
                    (C) by striking ``or other person'' each place it 
                appears.
            (2) Special disclaimer requirements for certain 
        communications.--Section 318 of such Act (2 U.S.C. 441d) is 
        amended by adding at the end the following new subsection:
    ``(e) Communications by Others.--
            ``(1) In general.--Any communication described in paragraph 
        (3) of subsection (a) which is transmitted through radio or 
        television (other than a communication to which subsection 
        (d)(2) applies because the communication is paid for by a 
        political committee, including a political committee of a 
        political party) shall include, in addition to the requirements 
        of that paragraph, the following:
                    ``(A) The individual disclosure statement described 
                in paragraph (2) (if the person paying for the 
                communication is an individual) or the organizational 
                disclosure statement described in paragraph (3) (if the 
                person paying for the communication is not an 
                individual).
                    ``(B) If the communication is an electioneering 
                communication or an independent expenditure consisting 
                of a public communication and is paid for in whole or 
                in part with a payment which is treated as a 
                disbursement by a covered organization for campaign-
                related activity under section 325, the significant 
                funder disclosure statement described in paragraph (4) 
                (if applicable), unless, on the basis of criteria 
                established in regulations promulgated by the 
                Commission, the communication is of such short duration 
                that including the statement in the communication would 
                constitute a hardship to the person paying for the 
                communication by requiring a disproportionate amount of 
                the communication's content to consist of the 
                statement.
                    ``(C) If the communication is an electioneering 
                communication or an independent expenditure consisting 
                of a public communication and is paid for in whole or 
                in part with a payment which is treated as a 
                disbursement by a covered organization for campaign-
                related activity under section 325, the Top Five 
                Funders list described in paragraph (5) (if 
                applicable), unless, on the basis of criteria 
                established in regulations promulgated by the 
                Commission, the communication is of such short duration 
                that including the Top Five Funders list in the 
                communication would constitute a hardship to the person 
                paying for the communication by requiring a 
                disproportionate amount of the communication's content 
                to consist of the Top Five Funders list.
            ``(2) Individual disclosure statement described.--The 
        individual disclosure statement described in this paragraph is 
        the following: `I am _______, and I approve this message.', 
        with the blank filled in with the name of the applicable 
        individual.
            ``(3) Organizational disclosure statement described.--The 
        organizational disclosure statement described in this paragraph 
        is the following: `I am _______, the _______ of _______, and 
        _______ approves this message.', with--
                    ``(A) the first blank to be filled in with the name 
                of the applicable individual;
                    ``(B) the second blank to be filled in with the 
                title of the applicable individual; and
                    ``(C) the third and fourth blank each to be filled 
                in with the name of the organization or other person 
                paying for the communication.
            ``(4) Significant funder disclosure statement described.--
                    ``(A) Statement if significant funder is an 
                individual.--If the significant funder of a 
                communication paid for in whole or in part with a 
                payment which is treated as a disbursement by a covered 
                organization for campaign-related activity under 
                section 325 is an individual, the significant funder 
                disclosure statement described in this paragraph is the 
                following: `I am _______. I helped to pay for this 
                message, and I approve it.', with the blank filled in 
                with the name of the applicable individual.
                    ``(B) Statement if significant funder is not an 
                individual.--If the significant funder of a 
                communication paid for in whole or in part with a 
                payment which is treated as a disbursement by a covered 
                organization for campaign-related activity under 
                section 325 is not an individual, the significant 
                funder disclosure statement described in this paragraph 
                is the following: `I am _______, the _______ of 
                _______. _______ helped to pay for this message, and 
                _______ approves it.', with--
                            ``(i) the first blank to be filled in with 
                        the name of the applicable individual;
                            ``(ii) the second blank to be filled in 
                        with the title of the applicable individual; 
                        and
                            ``(iii) the third, fourth, and fifth blank 
                        each to be filled in with the name of the 
                        significant funder of the communication.
                    ``(C) Significant funder defined.--
                            ``(i) Independent expenditures.--For 
                        purposes of this paragraph, the `significant 
                        funder' with respect to an independent 
                        expenditure consisting of a public 
                        communication paid for in whole or in part with 
                        a payment which is treated as a disbursement by 
                        a covered organization for campaign-related 
                        activity under section 325 shall be determined 
                        as follows:
                                    ``(I) If any report filed by any 
                                organization with respect to the 
                                independent expenditure under section 
                                304 during the 12-month period which 
                                ends on the date of the disbursement 
                                includes information on any person who 
                                made a payment to the organization in 
                                an amount equal to or exceeding 
                                $100,000 which was designated by the 
                                person to be used for campaign-related 
                                activity consisting of that specific 
                                independent expenditure (as required to 
                                be included in the report under section 
                                304(g)(5)(A)(i)), the person who is 
                                identified among all such reports as 
                                making the largest such payment.
                                    ``(II) If any report filed by any 
                                organization with respect to the 
                                independent expenditure under section 
                                304 during the 12-month period which 
                                ends on the date of the disbursement 
                                includes information on any person who 
                                made a payment to the organization in 
                                an amount equal to or exceeding 
                                $100,000 which was designated by the 
                                person to be used for campaign-related 
                                activity with respect to the same 
                                election or in support of the same 
                                candidate (as required to be included 
                                in the report under section 
                                304(g)(5)(A)(i)) but subclause (I) does 
                                not apply, the person who is identified 
                                among all such reports as making the 
                                largest such payment.
                                    ``(III) If any report filed by any 
                                organization with respect to the 
                                independent expenditure under section 
                                304 during the 12-month period which 
                                ends on the date of the disbursement 
                                includes information on any person who 
                                made a payment to the organization in 
                                an amount equal to or exceeding $10,000 
                                which was provided for the purpose of 
                                being used for campaign-related 
                                activity or in response to a 
                                solicitation for funds to be used for 
                                campaign-related activity (as required 
                                to be included in the report under 
                                section 304(g)(5)(A)(i)) but subclause 
                                (I) or subclause (II) does not apply, 
                                the person who is identified among all 
                                such reports as making the largest such 
                                payment.
                                    ``(IV) If none of the reports filed 
                                by any organization with respect to the 
                                independent expenditure under section 
                                304 during the 12-month period which 
                                ends on the date of the disbursement 
                                includes information on any person 
                                (other than the organization) who made 
                                a payment to the organization in an 
                                amount equal to or exceeding $10,000 
                                which was provided for the purpose of 
                                being used for campaign-related 
                                activity or in response to a 
                                solicitation for funds to be used for 
                                campaign-related activity, but any of 
                                such reports includes information on 
                                any person who made an unrestricted 
                                donor payment to the organization (as 
                                required to be included in the report 
                                under section 304(g)(5)(A)(ii)) in an 
                                amount equal to or exceeding $10,000, 
                                the person who is identified among all 
                                such reports as making the largest such 
                                unrestricted donor payment.
                            ``(ii) Electioneering communications.--For 
                        purposes of this paragraph, the `significant 
                        funder' with respect to an electioneering 
                        communication paid for in whole or in part with 
                        a payment which is treated as a disbursement by 
                        a covered organization for campaign-related 
                        activity under section 325, shall be determined 
                        as follows:
                                    ``(I) If any report filed by any 
                                organization with respect to the 
                                electioneering communication under 
                                section 304 during the 12-month period 
                                which ends on the date of the 
                                disbursement includes information on 
                                any person who made a payment to the 
                                organization in an amount equal to or 
                                exceeding $100,000 which was designated 
                                by the person to be used for campaign-
                                related activity consisting of that 
                                specific electioneering communication 
                                (as required to be included in the 
                                report under section 304(f)(6)(A)(i)), 
                                the person who is identified among all 
                                such reports as making the largest such 
                                payment.
                                    ``(II) If any report filed by any 
                                organization with respect to the 
                                electioneering communication under 
                                section 304 during the 12-month period 
                                which ends on the date of the 
                                disbursement includes information on 
                                any person who made a payment to the 
                                organization in an amount equal to or 
                                exceeding $100,000 which was designated 
                                by the person to be used for campaign-
                                related activity with respect to the 
                                same election or in support of the same 
                                candidate (as required to be included 
                                in the report under section 
                                304(f)(6)(A)(i)) but subclause (I) does 
                                not apply, the person who is identified 
                                among all such reports as making the 
                                largest such payment.
                                    ``(III) If any report filed by any 
                                organization with respect to the 
                                electioneering communication under 
                                section 304 during the 12-month period 
                                which ends on the date of the 
                                disbursement includes information on 
                                any person who made a payment to the 
                                organization in an amount equal to or 
                                exceeding $10,000 which was provided 
                                for the purpose of being used for 
                                campaign-related activity or in 
                                response to a solicitation for funds to 
                                be used for campaign-related activity 
                                (as required to be included in the 
                                report under section 304(f)(6)(A)(i)) 
                                but subclause (I) or subclause (II) 
                                does not apply, the person who is 
                                identified among all such reports as 
                                making the largest such payment.
                                    ``(IV) If none of the reports filed 
                                by any organization with respect to the 
                                electioneering communication under 
                                section 304 during the 12-month period 
                                which ends on the date of the 
                                disbursement includes information on 
                                any person who made a payment to the 
                                organization in an amount equal to or 
                                exceeding $10,000 which was provided 
                                for the purpose of being used for 
                                campaign-related activity or in 
                                response to a solicitation for funds to 
                                be used for campaign-related activity, 
                                but any of such reports includes 
                                information on any person who made an 
                                unrestricted donor payment to the 
                                organization (as required to be 
                                included in the report under section 
                                304(f)(6)(A)(ii)) in an amount equal to 
                                or exceeding $10,000, the person who is 
                                identified among all such reports as 
                                making the largest such unrestricted 
                                donor payment.
            ``(5) Top 5 funders list described.--With respect to a 
        communication paid for in whole or in part with a payment which 
        is treated as a disbursement by a covered organization for 
        campaign-related activity under section 325, the Top 5 Funders 
        list described in this paragraph is--
                    ``(A) in the case of a disbursement for an 
                independent expenditure consisting of a public 
                communication, a list of the 5 persons who provided the 
                largest payments of any type in an aggregate amount 
                equal to or exceeding $10,000 which are required under 
                section 304(g)(5)(A) to be included in the reports 
                filed by any organization with respect to that 
                independent expenditure under section 304 during the 
                12-month period which ends on the date of the 
                disbursement, together with the amount of the payments 
                each such person provided; or
                    ``(B) in the case of a disbursement for an 
                electioneering communication, a list of the 5 persons 
                who provided the largest payments of any type in an 
                aggregate amount equal to or exceeding $10,000 which 
                are required under section 304(f)(6)(A) to be included 
                in the reports filed by any organization with respect 
                to that electioneering communication under section 304 
                during the 12-month period which ends on the date of 
                the disbursement, together with the amount of the 
                payments each such person provided.
            ``(6) Method of conveyance of statement.--
                    ``(A) Communications transmitted through radio.--In 
                the case of a communication to which this subsection 
                applies which is transmitted through radio, the 
                disclosure statements required under paragraph (1) 
                shall be made by audio by the applicable individual in 
                a clearly spoken manner.
                    ``(B) Communications transmitted through 
                television.--In the case of a communication to which 
                this subsection applies which is transmitted through 
                television, the information required under paragraph 
                (1)--
                            ``(i) shall appear in writing at the end of 
                        the communication in a clearly readable manner, 
                        with a reasonable degree of color contrast 
                        between the background and the printed 
                        statement, for a period of at least 6 seconds; 
                        and
                            ``(ii) except in the case of a Top 5 
                        Funders list described in paragraph (5), shall 
                        also be conveyed by an unobscured, full-screen 
                        view of the applicable individual, or by the 
                        applicable individual making the statement in 
                        voice-over accompanied by a clearly 
                        identifiable photograph or similar image of the 
                        individual.
            ``(7) Applicable individual defined.--In this subsection, 
        the term `applicable individual' means, with respect to a 
        communication to which this paragraph applies--
                    ``(A) if the communication is paid for by an 
                individual or if the significant funder of the 
                communication under paragraph (4) is an individual, the 
                individual involved;
                    ``(B) if the communication is paid for by a 
                corporation or if the significant funder of the 
                communication under paragraph (4) is a corporation, the 
                chief executive officer of the corporation (or, if the 
                corporation does not have a chief executive officer, 
                the highest ranking official of the corporation);
                    ``(C) if the communication is paid for by a labor 
                organization or if the significant funder of the 
                communication under paragraph (4) is a labor 
                organization, the highest ranking officer of the labor 
                organization; or
                    ``(D) if the communication is paid for by any other 
                person or if the significant funder of the 
                communication under paragraph (4) is any other person, 
                the highest ranking official of such person.
            ``(8) Covered organization defined.--In this subsection, 
        the term `covered organization' means any of the following:
                    ``(A) Any corporation which is subject to section 
                316(a), other than a corporation which is an 
                organization described in paragraph (3) of section 
                501(c) of the Internal Revenue Code of 1986 and exempt 
                from tax under section 501(a) of such Code.
                    ``(B) Any labor organization (as defined in section 
                316).
                    ``(C) Any organization described in paragraph (4), 
                (5), or (6) of section 501(c) of the Internal Revenue 
                Code of 1986 and exempt from tax under section 501(a) 
                of such Code, other than an exempt section 501(c)(4) 
                organization (as defined in section 301(27)).
                    ``(D) Any political organization under section 527 
                of the Internal Revenue Code of 1986, other than a 
                political committee under this Act.
            ``(9) Other definitions.--In this subsection, the terms 
        `campaign-related activity' and `unrestricted donor payment' 
        have the meaning given such terms in section 325.''.
            (3) Application to certain mass mailings.--Section 
        318(a)(3) of such Act (2 U.S.C. 441d(a)(3)) is amended to read 
        as follows:
            ``(3) if not authorized by a candidate, an authorized 
        political committee of a candidate, or its agents, shall 
        clearly state--
                    ``(A) the name and permanent street address, 
                telephone number, or World Wide Web address of the 
                person who paid for the communication;
                    ``(B) if the communication is an independent 
                expenditure consisting of a mass mailing (as defined in 
                section 301(23)) which is paid for in whole or in part 
                with a payment which is treated as a disbursement by a 
                covered organization for campaign-related activity 
                under section 325, or which is paid for in whole or in 
                part by a political committee described in subsection 
                (e)(7)(B), the name and permanent street address, 
                telephone number, or World Wide Web address of--
                            ``(i) the significant funder of the 
                        communication, if any (as determined in 
                        accordance with subsection (e)(4)(C)(i) or 
                        (e)(7)(A)(i); and
                            ``(ii) each person who would be included in 
                        the Top 5 Funders list which would be submitted 
                        with respect to the communication if the 
                        communication were transmitted through 
                        television, if any (as determined in accordance 
                        with subsection (e)(5) or (e)(7)(A)(ii)); and
                    ``(C) that the communication is not authorized by 
                any candidate or candidate's committee.''.
            (4) Application to political robocalls.--Section 318 of 
        such Act (2 U.S.C. 441d), as amended by paragraph (2), is 
        further amended by adding at the end the following new 
        subsection:
    ``(f) Special Rules for Political Robocalls.--
            ``(1) Requiring communications to include certain 
        disclaimer statements.--Any communication consisting of a 
        political robocall which would be subject to the requirements 
        of subsection (e) if the communication were transmitted through 
        radio or television shall include the following:
                    ``(A) The individual disclosure statement described 
                in subsection (e)(2) (if the person paying for the 
                communication is an individual) or the organizational 
                disclosure statement described in subsection (e)(3) (if 
                the person paying for the communication is not an 
                individual).
                    ``(B) If the communication is an electioneering 
                communication or an independent expenditure consisting 
                of a public communication and is paid for in whole or 
                in part with a payment which is treated as a 
                disbursement by a covered organization for campaign-
                related activity under section 325, or which is paid 
                for in whole or in part by a political committee 
                described in subsection (e)(7)(B), the significant 
                funder disclosure statement described in subsection 
                (e)(4) or (e)(7) (if applicable).
            ``(2) Timing of certain statement.--The statements required 
        to be included under paragraph (1) shall be made at the 
        beginning of the political robocall, unless, on the basis of 
        criteria established in regulations promulgated by the 
        Commission, the communication is of such short duration that 
        including the statement in the communication would constitute a 
        hardship to the person paying for the communication by 
        requiring a disproportionate amount of the communication's 
        content to consist of the statement.
            ``(3) Political robocall defined.--In this subsection, the 
        term `political robocall' means any outbound telephone call--
                    ``(A) in which a person is not available to speak 
                with the person answering the call, and the call 
                instead plays a recorded message; and
                    ``(B) which promotes, supports, attacks, or opposes 
                a candidate for election for Federal office.''.

SEC. 215. INDEXING OF CERTAIN AMOUNTS.

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

``SEC. 327. INDEXING OF CERTAIN AMOUNTS.

    ``(a) Indexing.--In any calendar year after 2010--
            ``(1) each of the amounts referred to in subsection (b) 
        shall be increased by the percent difference determined under 
        subparagraph (A) of section 315(c)(1), except that for purposes 
        of this paragraph, such percent difference shall be determined 
        as if the base year referred to in such subparagraph were 2009;
            ``(2) each amount so increased shall remain in effect for 
        the calendar year; and
            ``(3) if any amount after adjustment under paragraph (1) is 
        not a multiple of $100, such amount shall be rounded to the 
        nearest multiple of $100.
    ``(b) Amounts Described.--The amounts referred to in this 
subsection are as follows:
            ``(1) The amount referred to in section 304(g)(5)(A)(i)(I).
            ``(2) The amount referred to in section 
        304(g)(5)(A)(ii)(I).
            ``(3) Each of the amounts referred to in section 
        304(g)(5)(A)(ii)(II).
            ``(4) The amount referred to in section 
        304(g)(5)(B)(ii)(I)(ee).
            ``(5) Each amount referred to in section 
        304(g)(5)(B)(iii)(I)(bb).
            ``(6) The amount referred to in section 304(f)(6)(A)(i)(I).
            ``(7) The amount referred to in section 
        304(f)(6)(A)(ii)(I).
            ``(8) Each of the amounts referred to in section 
        304(f)(6)(A)(ii)(II).
            ``(9) The amount referred to in section 
        304(f)(6)(B)(ii)(I)(ee).
            ``(10) Each amount referred to in section 
        304(f)(6)(B)(iii)(I)(bb).
            ``(11) The amount referred to in section 317(b).
            ``(12) Each of the amounts referred to in section 
        318(e)(4)(C). 
            ``(13) The amount referred to in section 
        325(d)(2)(B)(i)(V).
            ``(14) Each amount referred to in section 
        325(d)(2)(C)(i)(II).''.

      Subtitle C--Reporting Requirements for Registered Lobbyists

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

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

        Subtitle D--Filing by Senate Candidates With Commission

SEC. 231. FILING BY SENATE CANDIDATES WITH COMMISSION.

    Section 302(g) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 432(g)) is amended to read as follows:
            ``(g) Filing With the Commission.--All designations, 
        statements, and reports required to be filed under this Act 
        shall be filed with the Commission.''.

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

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

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

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

    ``(a) Including Information in Regular Periodic Reports.--
            ``(1) In general.--A covered organization which submits 
        regular, periodic reports to its shareholders, members, or 
        donors on its finances or activities shall include in each such 
        report, in a clear and conspicuous manner, the information 
        described in paragraph (2) with respect to the disbursements 
        made by the organization for campaign-related activity during 
        the period covered by the report.
            ``(2) Information described.--The information described in 
        this paragraph is, for each disbursement for campaign-related 
        activity--
                    ``(A) the date of the independent expenditure or 
                electioneering communication involved;
                    ``(B) the amount of the independent expenditure or 
                electioneering communication involved;
                    ``(C) the name of the candidate identified in the 
                independent expenditure or electioneering communication 
                involved and the office sought by the candidate;
                    ``(D) in the case of a transfer of funds to another 
                person, the information required by subparagraphs (A) 
                through (C), as well as the name of the recipient of 
                the funds and the date and amount of the funds 
                transferred;
                    ``(E) the source of such funds; and
                    ``(F) such other information as the Commission 
                determines is appropriate to further the purposes of 
                this subsection.
    ``(b) Posting of or Hyperlink to Information Included in Reports 
Filed With Commission.--
            ``(1) Requiring posting of or hyperlink to certain 
        information.--If a covered organization maintains an Internet 
        site, the organization shall--
                    ``(A) post on such Internet site, in a machine 
                readable, searchable, sortable, and downloadable manner 
                and through a direct link from the homepage of the 
                organization, the information described in paragraph 
                (2); or
                    ``(B) post on such Internet site a hyperlink from 
                its homepage to the location on the Internet site of 
                the Commission which contains the information described 
                in paragraph (2).
            ``(2) Information described.--The following information is 
        described in this paragraph:
                    ``(A) The information the organization is required 
                to report under section 304(g)(5)(A) with respect to 
                public independent expenditures.
                    ``(B) The information the organization is required 
                to include in a statement of disbursements for 
                electioneering communications under section 304(f)(6).
            ``(3) Deadline; duration of posting.--The covered 
        organization shall post the information or the hyperlink 
        described in paragraph (1) not later than 24 hours after the 
        Commission posts the information described in paragraph (2) on 
        the Internet site of the Commission, and shall ensure that the 
        information or the hyperlink remains on the Internet site of 
        the covered organization until the expiration of the 1-year 
        period which begins on the date of the election with respect to 
        which the public independent expenditures or electioneering 
        communications are made.
    ``(c) Covered Organization Defined.--In this section, the term 
`covered organization' means any of the following:
            ``(1) Any corporation which is subject to section 316(a), 
        other than a corporation which is an organization described in 
        paragraph (3) of section 501(c) of the Internal Revenue Code of 
        1986 and exempt from tax under section 501(a) of such Code.
            ``(2) Any labor organization (as defined in section 316).
            ``(3) Any organization described in paragraph (4), (5), or 
        (6) of section 501(c) of the Internal Revenue Code of 1986 and 
        exempt from tax under section 501(a) of such Code, other than 
        an exempt section 501(c)(4) organization (as defined in section 
        301(27)).
            ``(4) Any political organization under section 527 of the 
        Internal Revenue Code of 1986, other than a political committee 
        under this Act.''.

                       TITLE IV--OTHER PROVISIONS

SEC. 401. JUDICIAL REVIEW.

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

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

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

SEC. 403. SEVERABILITY.

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

SEC. 404. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act shall take effect upon the expiration of the 30-day period 
which begins on the date of the enactment of this Act, and shall take 
effect without regard to whether or not the Federal Election Commission 
has promulgated regulations to carry out such amendments.
                                                       Calendar No. 476

111th CONGRESS

  2d Session

                                S. 3628

_______________________________________________________________________

                                 A BILL

To amend the Federal Election Campaign Act of 1971 to prohibit foreign 
influence in Federal elections, to prohibit government contractors from 
 making expenditures with respect to such elections, and to establish 
  additional disclosure requirements with respect to spending in such 
                   elections, and for other purposes.

_______________________________________________________________________

                             July 22, 2010

            Read the second time and placed on the calendar
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