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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3295 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3295

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

                             April 30, 2010

   Mr. Schumer (for himself, Mr. Feingold, Mr. Wyden, Mr. Bayh, Mr. 
 Franken, Mr. Durbin, Mrs. Murray, Mr. Leahy, Mr. Bennet, Mr. Brown of 
     Ohio, Mr. Reed, Mr. Whitehouse, Mr. Specter, Mr. Merkley, Ms. 
   Klobuchar, Mr. Kaufman, Mr. Udall of Colorado, Mr. Bingaman, Mrs. 
   Gillibrand, Mr. Casey, Mr. Begich, Ms. Mikulski, Mr. Sanders, Mr. 
 Harkin, Mr. Rockefeller, Mrs. McCaskill, Mr. Menendez, Mrs. Shaheen, 
  Mr. Lautenberg, Mrs. Feinstein, Mr. Tester, Mr. Baucus, Mr. Conrad, 
   Mrs. Boxer, Mr. Akaka, Mr. Nelson of Florida, Mr. Levin, and Mr. 
    Burris) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 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.
 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.
     Subtitle B--Expanded Requirements for Corporations and Other 
                             Organizations

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

Sec. 221. Requiring registered lobbyists to report information on 
                            independent expenditures and electioneering 
                            communications.
        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--TELEVISION MEDIA RATES

Sec. 401. Television media rates.
                       TITLE V--OTHER PROVISIONS

Sec. 501. Judicial review.
Sec. 502. Severability.
Sec. 503. 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 in 1947 reaffirmed was 
        intended to 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, reverses 
        established jurisprudence and sound policy to greatly increase 
        the dangers of undue special interest influence over the 
        democratic process. That decision has opened the floodgates for 
        corporations and labor unions to spend unlimited sums from 
        their general treasury accounts to influence the outcome of 
        elections.
            (3) Congress must take action to ensure that the American 
        public has all the information necessary to exercise its free 
        speech and voting rights, and must otherwise take narrowly 
        tailored steps to regulate independent expenditures and 
        electioneering communications in elections.
    (b) Findings Relating to Government Contractors.--Congress finds 
and declares as follows:
            (1) Government contracting is an activity that is 
        particularly susceptible to improper influence, and to the 
        appearance of improper influence. Government contracts must be 
        awarded based on an objective evaluation of how well bidders or 
        potential contractors meet relevant statutory criteria.
            (2) Independent expenditures and electioneering 
        communications that benefit particular candidates or elected 
        officials or disfavor their opponents can lead to apparent and 
        actual ingratiation, access, influence, and quid pro quo 
        arrangements. Government contracts should be awarded based on 
        an objective application of statutory criteria, not based on 
        other forms of inappropriate or corrupting influence.
            (3) Prohibiting independent expenditures and electioneering 
        communications by persons negotiating for or performing 
        government contracts will prevent government officials involved 
        in or with influence over the contracting process from 
        influencing the contracting process based, consciously or 
        otherwise, on this kind of inappropriate or corrupting 
        influence.
            (4) Prohibiting independent expenditures and electioneering 
        communications by persons negotiating for or performing 
        government contracts will likewise prevent such persons from 
        feeling pressure, whether actually exerted by government 
        officials or not, to make expenditures and to fund 
        communications in order to maximize their chances of receiving 
        contracts, or to match similar expenditures and communications 
        made by their competitors.
            (5) Furthermore, because government contracts often involve 
        large amounts of public money, it is critical that the public 
        perceive that the government contracts are awarded strictly in 
        accordance with prescribed statutory standards, and not based 
        on other forms of inappropriate or corrupting influence. The 
        public's confidence in government is undermined when 
        corporations that make significant expenditures during Federal 
        election campaigns later receive government funds.
            (6) Prohibiting independent expenditures and electioneering 
        communications by persons negotiating for or performing 
        government contracts will prevent any appearance that 
        government contracts were awarded based in whole or in part on 
        such expenditures or communications, or based on the 
        inappropriate or corrupting influence such expenditures and 
        communications can create and appear to create.
            (7) In these ways, prohibiting independent expenditures and 
        electioneering communications by persons negotiating for or 
        performing government contracts will protect the actual and 
        perceived integrity of the government contracting process.
            (8) Moreover, the risks of waste, fraud and abuse, all 
        resulting in economic losses to taxpayers, are significant when 
        would-be public contractors or applicants for public funds make 
        expenditures in Federal election campaigns in order to affect 
        electoral outcomes.
    (c) Findings Relating to Foreign Corporations.--Congress finds and 
declares as follows:
            (1) The Supreme Court's decision in the Citizens United 
        case has provided the means by which United States corporations 
        controlled by foreign entities can freely spend money to 
        influence United States elections.
            (2) Foreign corporations commonly own U.S. corporations in 
        whole or in part, and U.S. corporate equity and debt are also 
        held by foreign individuals, sovereign wealth funds, and even 
        foreign nations at levels which permit effective control over 
        those U.S. entities.
            (3) As recognized in many areas of the law, foreign 
        ownership interests and influences are exerted in a perceptible 
        way even when the entity is not majority-foreign-owned.
            (4) The Federal Government has broad constitutional power 
        to protect American interests and sovereignty from foreign 
        interference and intrusion.
            (5) Congress has a clear interest in minimizing foreign 
        intervention, and the perception of foreign intervention, in 
        United States elections.
    (d) Findings Relating to Coordinated Expenditures.--Congress finds 
and declares as follows:
            (1) It has been the consistent view of Congress and the 
        courts that coordinated expenditures in campaigns for election 
        are no different in nature from contributions.
            (2) Existing rules still allow donors to evade contribution 
        limits by making campaign expenditures which, while technically 
        qualifying as independent expenditures under law, are for all 
        relevant purposes coordinated with candidates and political 
        parties and thus raise the potential for corruption or the 
        appearance of corruption.
            (3) Such arrangements have the potential to give rise to 
        the reality or appearance of corruption to the same degree that 
        direct contributions to a candidate may give rise to the 
        reality or appearance of corruption. Moreover, expenditures 
        which are in fact made in coordination with a candidate or 
        political party have the potential to lessen the public's trust 
        and faith in the rules and the integrity of the electoral 
        process.
            (4) The government therefore has a compelling interest in 
        making sure that expenditures that are de facto coordinated 
        with a candidate are treated as such to prevent corruption, the 
        appearance of corruption, or the perception that some 
        participants are circumventing the laws and regulations which 
        govern the financing of election campaigns.
    (e) Findings Relating to Disclosures and Disclaimers.--Congress 
finds and declares as follows:
            (1) The American people have a compelling interest in 
        knowing who is funding independent expenditures and 
        electioneering communications to influence Federal elections, 
        and the government has a compelling interest in providing the 
        public with that information. Effective disclaimers and prompt 
        disclosure of expenditures, and the disclosure of the funding 
        sources for these expenditures, can provide shareholders, 
        voters, and citizens with the information needed to evaluate 
        the actions by special interests seeking influence over the 
        democratic process. Transparency promotes accountability, 
        increases the fund of information available to the public 
        concerning the support given to candidates by special 
        interests, sheds the light of publicity on political spending, 
        and encourages the leaders of organizations to act only upon 
        legitimate organizational purposes.
            (2) Protecting this compelling interest has become 
        particularly important to address the anticipated increase in 
        special interest spending on election-related communications 
        which will result from the Supreme Court's decision in the 
        Citizens United case. The current disclosure and disclaimer 
        requirements were designed for a campaign finance system in 
        which such expenditures were subject to prohibitions that no 
        longer apply.
            (3) More rigorous disclosure and disclaimer requirements 
        are necessary to protect against the evasion of current rules. 
        Organizations that engage in election-related communications 
        have used a variety of methods to attempt to obscure their 
        sponsorship of communications from the general public. Robust 
        disclosure and disclaimer requirements are necessary to ensure 
        that the electorate is informed about who is paying for 
        particular election-related communications, and so that the 
        shareholders and members of these organizations are aware of 
        their organizations' election-related spending.
            (4) The current lack of accountability and transparency 
        allow special interest political spending to serve as a private 
        benefit for the officials of special interest organizations, to 
        the detriment of the organizations and their shareholders and 
        members.
    (f) Findings Relating to Campaign Spending by Lobbyists.--Congress 
finds and declares as follows:
            (1) Lobbyists and lobbying organizations, and through them, 
        their clients, influence the public decision-making process in 
        a variety of ways.
            (2) In recent years, scandals involving undue lobbyist 
        influence have lowered public trust in government and 
        jeopardized the willingness of voters to take part in 
        democratic governance.
            (3) One way in which lobbyists may unduly influence Federal 
        officials is through their or their clients making independent 
        expenditures or electioneering communications targeting elected 
        officials.
            (4) Disclosure of such independent expenditures and 
        electioneering communications will allow the public to examine 
        connections between such spending and official actions, and 
        will therefore limit the ability of lobbyists to exert an undue 
        influence on elected officials.
    (g) Findings Relating to Lowest Unit Charge.--Congress finds and 
declares as follows:
            (1) The purpose of the First Amendment is to ensure a 
        robust marketplace of ideas. The government has a compelling 
        interest in ensuring that Americans have access to this robust 
        marketplace of ideas through the variety of media supported by 
        the government.
            (2) In recent years, the cost of political communication 
        has been artificially inflated as candidates, parties, interest 
        groups, and commercial advertisers compete for a dwindling 
        supply of airtime in the periods before elections. Candidates 
        for Federal election are currently forced to pay higher 
        premiums for ``nonpreemptible'' advertisement time so as not to 
        be replaced by commercial advertisements in such periods.
            (3) The high cost of advertising for Federal candidates and 
        their political parties makes it less likely that Americans 
        will receive information necessary to engage fully in the 
        electoral process and hear directly from all participants. The 
        high cost of advertising for Federal candidates and political 
        parties also drives the demand for large, potentially 
        corrupting contributions to Federal election campaigns and 
        forces elected officials to spend more time raising money and 
        less time performing their official responsibilities.
            (4) Lower advertising costs enhance the ability of 
        candidates to present and the public to receive information 
        necessary for the effective operation of the democratic 
        process. Lower advertising costs reduce the potential for 
        corrupting contributions to Federal election campaigns. Lower 
        advertising costs allow elected officials to spend more time 
        serving the public interest instead of raising funds to pay for 
        campaign advertisements.

           TITLE I--REGULATION OF CERTAIN POLITICAL SPENDING

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

    (a) Prohibition Applicable to Government Contractors.--
            (1) Prohibition.--
                    (A) In general.--Section 317(a)(1) of the Federal 
                Election Campaign Act (2 U.S.C. 441c(a)(1)) is amended 
                by striking ``purpose or use; or'' and inserting the 
                following: ``purpose or use, to make any independent 
                expenditure, or to disburse any funds for an 
                electioneering communication; or''.
                    (B) Conforming amendment.--The heading of section 
                317 of such Act (2 U.S.C. 441c) is amended by striking 
                ``contributions'' and inserting ``contributions, 
                independent expenditures, and electioneering 
                communications''.
            (2) Threshold for application of ban.--Section 317 of such 
        Act (2 U.S.C. 441c) is amended--
                    (A) by redesignating subsections (b) and (c) as 
                subsections (c) and (d); and
                    (B) by inserting after subsection (a) the following 
                new subsection:
    ``(b) To the extent that subsection (a)(1) prohibits a person who 
enters into a contract described in such subsection from making any 
independent expenditure or disbursing funds for an electioneering 
communication, such subsection shall apply only if the value of the 
contract is equal to or greater than $50,000.''.
    (b) Application to Recipients of Assistance Under Troubled Asset 
Program.--Section 317(a) of such Act (2 U.S.C. 441c(a)) is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) who enters into negotiations for financial assistance 
        under title I of the Emergency Economic Stabilization Act of 
        2008 (12 U.S.C. 5211 et seq.) (relating to the purchase of 
        troubled assets by the Secretary of the Treasury), during the 
        period--
                    ``(A) beginning on the later of the commencement of 
                the negotiations or the date of the enactment of the 
                Democracy Is Strengthened by Casting Light On Spending 
                in Elections Act; and
                    ``(B) ending with the later of the termination of 
                such negotiations or the repayment of such financial 
                assistance;
        directly or indirectly to make any contribution of money or 
        other things of value, or to promise expressly or impliedly to 
        make any such contribution to any political party, committee, 
        or candidate for public office or to any person for any 
        political purpose or use, to make any independent expenditure, 
        or to disburse any funds for an electioneering communication; 
        or''.
    (c) Technical Amendment.--Section 317 of such Act (2 U.S.C. 441c) 
is amended by striking ``section 321'' each place it appears and 
inserting ``section 316''.

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

    (a) Application of Ban.--Section 319(b) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 441e(b)) is amended--
            (1) by striking ``or'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(3) any corporation which is not a foreign national 
        described in paragraph (1) and--
                    ``(A) in which a foreign national described in 
                paragraph (1) or (2) directly or indirectly owns 20 
                percent or more of the voting shares;
                    ``(B) with respect to which the majority of the 
                members of the board of directors are foreign nationals 
                described in paragraph (1) or (2);
                    ``(C) over which one or more foreign nationals 
                described in paragraph (1) or (2) has the power to 
                direct, dictate, or control the decision-making process 
                of the corporation with respect to its interests in the 
                United States; or
                    ``(D) over which one or more foreign nationals 
                described in paragraph (1) or (2) has the power to 
                direct, dictate, or control the decisionmaking 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 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.''.

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. 431 et seq.) is amended to read as follows:

``SEC. 324. COORDINATED COMMUNICATIONS.

    ``(a) Coordinated Communications Defined.--For purposes of this 
Act, the term `coordinated communication' means--
            ``(1) a covered communication which is made in cooperation, 
        consultation, or concert with, or at the request or suggestion 
        of, a candidate, an authorized committee of a candidate, or a 
        political committee of a political party; or
            ``(2) any communication that republishes, disseminates, or 
        distributes, in whole or in part, any broadcast or any written, 
        graphic, or other form of campaign material prepared by a 
        candidate, an authorized committee of a candidate, or their 
        agents.
    ``(b) Covered Communication Defined.--
            ``(1) In general.--Except as provided in paragraph (4), for 
        purposes of this subsection, the term `covered communication' 
        means, for purposes of the applicable election period described 
        in paragraph (2), a publicly distributed or disseminated 
        communication that refers to a clearly identified candidate for 
        Federal office and is publicly distributed or publicly 
        disseminated during such period.
            ``(2) Applicable election period.--For purposes of 
        paragraph (1), the `applicable election period' with respect to 
        a communication means--
                    ``(A) in the case of a communication which refers 
                to a candidate for the office of President or Vice 
                President, the period--
                            ``(i) beginning with the date that is 120 
                        days before the date of the first primary 
                        election, preference election, or nominating 
                        convention for nomination for the office of 
                        President which is held in any State; and
                            ``(ii) ending with the date of the general 
                        election for such office; or
                    ``(B) in the case of a communication which refers 
                to a candidate for any other Federal office, the 
                period--
                            ``(i) beginning with the date that is 90 
                        days before the earliest of the primary 
                        election, preference election, or nominating 
                        convention with respect to the nomination for 
                        the office that the candidate is seeking; and
                            ``(ii) ending with the date of the general 
                        election for such office.
            ``(3) Special rule for public distribution of 
        communications involving congressional candidates.--For 
        purposes of paragraph (1), in the case of a communication 
        involving a candidate for an office other than President or 
        Vice President, the communication shall be considered to be 
        publicly distributed or publicly disseminated only if the 
        dissemination or distribution occurs in the jurisdiction of the 
        office that the candidate is seeking.
            ``(4) Exception.--The term `covered communication' does not 
        include--
                    ``(A) a communication appearing in a news story, 
                commentary, or editorial distributed through the 
                facilities of any broadcasting station, newspaper, 
                magazine, or other periodical publication, unless such 
                facilities are owned or controlled by any political 
                party, political committee, or candidate; or
                    ``(B) a communication which constitutes a candidate 
                debate or forum conducted pursuant to the regulations 
                adopted by the Commission to carry out section 
                304(f)(3)(B)(iii), or which solely promotes such a 
                debate or forum and is made by or on behalf of the 
                person sponsoring the debate or forum.
    ``(c) 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 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 communication 
                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.

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

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

SEC. 201. INDEPENDENT EXPENDITURES.

    (a) Revision of Definition.--Subparagraph (A) of section 301(17) of 
the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)) is amended 
to read as follows:
                    ``(A) that, when taken as a whole, expressly 
                advocates the election or defeat of a clearly 
                identified candidate, or is the functional equivalent 
                of express advocacy because it can be interpreted by a 
                reasonable person only as advocating the election or 
                defeat of a candidate, taking into account whether the 
                communication involved mentions a candidacy, a 
                political party, or a challenger to a candidate, or 
                takes a position on a candidate's character, 
                qualifications, or fitness for office; and''.
    (b) Uniform 24-Hour Reporting For Persons Making Independent 
Expenditures Exceeding $10,000 at Any Time.--Section 304(g) of such Act 
(2 U.S.C. 434(g)) is amended by striking paragraphs (1) and (2) and 
inserting the following:
            ``(1) Independent expenditures exceeding threshold 
        amount.--
                    ``(A) Initial report.--A person (including a 
                political committee) that makes or contracts to make 
                independent expenditures in an aggregate amount equal 
                to or greater than the threshold amount described in 
                paragraph (2) shall file a report describing the 
                expenditures within 24 hours.
                    ``(B) Additional reports.--After a person files a 
                report under subparagraph (A), the person shall file an 
                additional report within 24 hours after each time the 
                person makes or contracts to make independent 
                expenditures in an aggregate amount equal to or greater 
                than the threshold amount with respect to the same 
                election as that to which the initial report relates.
            ``(2) Threshold amount described.--In paragraph (1), the 
        `threshold amount' means--
                    ``(A) during the period up to and including the 
                20th day before the date of an election, $10,000; or
                    ``(B) during the period after the 20th day, but 
                more than 24 hours, before the date of an election, 
                $1,000.''.
    (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) Period During Which Communications Treated as Electioneering 
Communications.--
            (1) Expansion of period.--Section 304(f)(3)(A)(i)(II) of 
        the Federal Election Campaign Act of 1971 (2 U.S.C. 
        434(f)(3)(A)(i)(II)) is amended to read as follows:
                                    ``(II) is made during the period 
                                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 ending with 
                                the date of the general election for 
                                such office.''.
            (2) Effective date; transition for communications made 
        prior to enactment.--The amendment made by paragraph (1) 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 paragraph (1)) unless the communication 
        would be treated as an electioneering communication under such 
        section if the amendment made by paragraph (1) did not apply.
    (b) Requiring Reports To Include Information on Intended Target of 
Communications.--Section 304(f)(2)(D) of such Act (2 U.S.C. 
434(f)(2)(D)) is amended--
            (1) by striking ``and the names'' and inserting ``, the 
        names''; and
            (2) by inserting ``, and (if applicable) a statement 
        regarding whether the communications are intended to support or 
        oppose such candidates'' before the period at the end.

     Subtitle B--Expanded Requirements for Corporations and Other 
                             Organizations

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

    (a) Independent Expenditure Reports.--Section 304(g) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 434(g)) is amended by adding at 
the end the following new paragraph:
            ``(5) Disclosure of additional information by covered 
        organizations making payments for public independent 
        expenditures.--
                    ``(A) Additional information.--If a covered 
                organization makes or contracts to make public 
                independent expenditures in an aggregate amount equal 
                to or exceeding $10,000 in a calendar year, the report 
                filed by the organization under this subsection shall 
                include, in addition to the information required under 
                paragraph (3), the following information:
                            ``(i) If any person made a donation or 
                        payment to the covered organization during the 
                        covered organization reporting period which was 
                        provided for the purpose of being used for 
                        campaign-related activity or in response to a 
                        solicitation for funds to be used for campaign-
                        related activity--
                                    ``(I) subject to subparagraph (C), 
                                the identification of each person who 
                                made such donations or payments in an 
                                aggregate amount equal to or exceeding 
                                $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 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 $1,000 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 $10,000 during such 
                                period, if the disbursements made by 
                                the organization for all of the public 
                                independent expenditures which are 
                                covered by the report were made 
                                exclusively from the organization's 
                                Campaign-Related Activity Account under 
                                section 326 (but only if the 
                                organization has made deposits 
                                described in subparagraph (D) of 
                                section 326(a)(2) into that Account 
                                during such period in an aggregate 
                                amount equal to or greater than 
                                $10,000),
                        presented in the order of the aggregate amount 
                        of payments made by such persons during such 
                        period (with the identification of the person 
                        making the largest payment appearing first).
                    ``(B) Treatment of transfers made to other 
                persons.--
                            ``(i) In general.--For purposes of the 
                        requirement to file reports under this 
                        subsection (including the requirement under 
                        subparagraph (A) to include additional 
                        information in such reports), a covered 
                        organization which transfers amounts to another 
                        person 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 for the purpose of 
                        making a public independent expenditure by that 
                        person or by any other person, shall be 
                        considered to have made a public independent 
                        expenditure.
                            ``(ii) Rules for deeming transfers made for 
                        purpose of making expenditures.--For purposes 
                        of clause (i), in determining whether a covered 
                        organization or any other person who transfers 
                        amounts to another person shall be deemed to 
                        have transferred the amounts for the purpose of 
                        making a public independent expenditure, the 
                        following rules apply:
                                    ``(I) The person shall be deemed to 
                                have transferred the amounts for the 
                                purpose of making a public independent 
                                expenditure if--
                                            ``(aa) the person making 
                                        the public independent 
                                        expenditure or another person 
                                        acting on that person's behalf 
                                        solicited funding from the 
                                        person or from the person to 
                                        whom the amounts were 
                                        transferred for making any 
                                        public independent 
                                        expenditures,
                                            ``(bb) the person and the 
                                        person to whom the amounts were 
                                        transferred engaged in 
                                        substantial discussion (whether 
                                        written or verbal) regarding 
                                        the making of public 
                                        independent expenditures,
                                            ``(cc) the person or the 
                                        person to whom the amounts were 
                                        transferred knew or should have 
                                        known of the covered 
                                        organization's intent to make 
                                        public independent 
                                        expenditures, or
                                            ``(dd) the person or the 
                                        person to whom the amounts were 
                                        transferred made a public 
                                        independent expenditure during 
                                        the election cycle involved or 
                                        the previous election cycle (as 
                                        defined in section 301(25)).
                                    ``(II) The person shall not be 
                                deemed to have transferred the amounts 
                                for the purpose of making a public 
                                independent expenditure if the transfer 
                                was a commercial transaction occurring 
                                in the ordinary course of business 
                                between the person and the person to 
                                whom the amounts were transferred.
                    ``(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) Definitions.--In this paragraph--
                            ``(i) the terms `covered organization', 
                        `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.--Section 304(f) of such 
Act (2 U.S.C. 434(f)) is amended--
            (1) by redesignating paragraphs (6) and (7) as paragraphs 
        (7) and (8); and
            (2) by inserting after paragraph (5) the end the following 
        new paragraph:
            ``(6) Disclosure of additional information by covered 
        organizations.--
                    ``(A) Additional information.--If a covered 
                organization files a statement under this subsection, 
                the statement shall include, in addition to the 
                information required under paragraph (2), the following 
                information:
                            ``(i) If any person made a donation or 
                        payment to the covered organization during the 
                        covered organization reporting period which was 
                        provided for the purpose of being used for 
                        campaign-related activity or in response to a 
                        solicitation for funds to be used for campaign-
                        related activity--
                                    ``(I) subject to subparagraph (C), 
                                the identification of each person who 
                                made such donations or payments in an 
                                aggregate amount equal to or exceeding 
                                $1,000 during such period, presented in 
                                the order of the aggregate amount of 
                                donations or payments made by such 
                                persons during such period (with the 
                                identification of the person making the 
                                largest donation or payment appearing 
                                first); and
                                    ``(II) if any person identified 
                                under subclause (I) designated that the 
                                donation or payment be used for 
                                campaign-related activity with respect 
                                to a specific election or in support of 
                                a specific candidate, the name of the 
                                election or candidate involved, and if 
                                any such person designated that the 
                                donation or payment be used for a 
                                specific electioneering communication, 
                                a description of the communication.
                            ``(ii) The identification of each person 
                        who made unrestricted donor payments to the 
                        organization during the covered organization 
                        reporting period--
                                    ``(I) in an aggregate amount equal 
                                to or exceeding $1,000 during such 
                                period, if any of the disbursements 
                                made by the organization for any of the 
                                electioneering communications which are 
                                covered by the statement were not made 
                                from the organization's Campaign-
                                Related Activity Account under section 
                                326; or
                                    ``(II) in an aggregate amount equal 
                                to or exceeding $10,000 during such 
                                period, if the disbursements made by 
                                the organization for all of the 
                                electioneering communications which are 
                                covered by the statement were made 
                                exclusively from the organization's 
                                Campaign-Related Activity Account under 
                                section 326 (but only if the 
                                organization has made deposits 
                                described in subparagraph (D) of 
                                section 326(a)(2) into that Account 
                                during such period in an aggregate 
                                amount equal to or greater than 
                                $10,000),
                        presented in the order of the aggregate amount 
                        of payments made by such persons during such 
                        period (with the identification of the person 
                        making the largest payment appearing first).
                    ``(B) Treatment of transfers made to other 
                persons.--
                            ``(i) In general.--For purposes of the 
                        requirement to file statements under this 
                        subsection (including the requirement under 
                        subparagraph (A) to include additional 
                        information in such statements), a covered 
                        organization which transfers amounts to another 
                        person 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 for the 
                        purpose of making an electioneering 
                        communication by that person or by any other 
                        person, shall be considered to have made a 
                        disbursement for an electioneering 
                        communication.
                            ``(ii) Rules for deeming transfers made for 
                        purpose of making communications.--For purposes 
                        of clause (i), in determining whether a covered 
                        organization or any other person who transfers 
                        amounts to another person shall be deemed to 
                        have transferred the amounts for the purpose of 
                        making an electioneering communication, the 
                        following rules apply:
                                    ``(I) The person shall be deemed to 
                                have transferred the amounts for the 
                                purpose of making an electioneering 
                                communication if--
                                            ``(aa) the person making 
                                        the public independent 
                                        expenditure or another person 
                                        acting on that person's behalf 
                                        solicited funding from the 
                                        person or from the person to 
                                        whom the amounts were 
                                        transferred for making any 
                                        electioneering communications,
                                            ``(bb) the person and the 
                                        person to whom the amounts were 
                                        transferred engaged in 
                                        substantial discussion (whether 
                                        written or verbal) regarding 
                                        the making of electioneering 
                                        communications,
                                            ``(cc) the person or the 
                                        person to whom the amounts were 
                                        transferred knew or should have 
                                        known of the covered 
                                        organization's intent to make 
                                        electioneering communications, 
                                        or
                                            ``(dd) the person or the 
                                        person to whom the amounts were 
                                        transferred made an 
                                        electioneering communication 
                                        during the election cycle 
                                        involved or the previous 
                                        election cycle (as defined in 
                                        section 301(25)).
                                    ``(II) The person shall not be 
                                considered to have transferred the 
                                amounts for the purpose of making an 
                                electioneering communication if the 
                                transfer was a commercial transaction 
                                occurring in the ordinary course of 
                                business between the person and the 
                                person to whom the amounts were 
                                transferred.
                    ``(C) Exclusion of amounts designated for other 
                campaign-related activity.--For purposes of 
                subparagraph (A)(i), in determining the amount of a 
                donation or payment made by a person which was provided 
                for the purpose of being used for campaign-related 
                activity or in response to a solicitation for funds to 
                be used for campaign-related activity, there shall be 
                excluded any amount which was designated by the person 
                to be used--
                            ``(i) for campaign-related activity 
                        described in clause (ii) of section 
                        325(d)(2)(A) (relating to electioneering 
                        communications) with respect to a different 
                        election, or with respect to a candidate in a 
                        different election, than an election which is 
                        the subject of any of the electioneering 
                        communications covered by the statement 
                        involved; or
                            ``(ii) for any campaign-related activity 
                        described in clause (i) of section 325(d)(2)(A) 
                        (relating to independent expenditures 
                        consisting of a public communication).
                    ``(D) Covered organization reporting period 
                described.--In this paragraph, the `covered 
                organization reporting period' is, with respect to a 
                statement filed by a covered organization under this 
                subsection--
                            ``(i) in the case of the first statement 
                        filed by a covered organization under this 
                        subsection which includes information required 
                        under this paragraph, the shorter of--
                                    ``(I) the period which begins on 
                                the effective date of the Democracy Is 
                                Strengthened by Casting Light On 
                                Spending in Elections Act and ends on 
                                the disclosure date for the statement, 
                                or
                                    ``(II) the 12-month period ending 
                                on the disclosure date for the 
                                statement; and
                            ``(ii) in the case of any subsequent 
                        statement filed by a covered organization under 
                        this subsection which includes information 
                        required under this paragraph, the period 
                        occurring since the most recent statement filed 
                        by the organization which includes such 
                        information.
                    ``(E) Definitions.--In this paragraph, the terms 
                `covered organization', `campaign-related activity', 
                and `unrestricted donor payment' have the meaning given 
                such terms 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) Restrictions on Use of Funds for Campaign-Related Activity.--
            ``(1) Certification after receiving notification by donor 
        to not use funds for activity.--If any person who makes a 
        donation, payment, or transfer to a covered organization (other 
        than the covered organization) notifies the organization in 
        writing (at the time of making the donation, payment, or 
        transfer) that the organization may not use the donation, 
        payment, or transfer for campaign-related activity, not later 
        than 7 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), under penalty of perjury, 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, if the organization does not have 
        a chief executive officer, the highest ranking official of the 
        organization), under penalty of perjury, 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 and does not contain an untrue statement of a 
                material fact.
                    ``(D) All such disbursements made during the 
                quarter are in compliance with this Act and all other 
                applicable Federal laws.
                    ``(E) No portion of the amounts used to make any 
                such disbursements during the quarter is attributable 
                to funds received by the organization that were 
                restricted by the person who provided the funds from 
                being used for campaign-related activity pursuant to 
                subsection (b).
            ``(2) Application of electronic filing rules.--Section 
        304(d)(1) shall apply with respect to a statement required 
        under this subsection in the same manner as such section 
        applies with respect to a statement under subsection (c) or (g) 
        of section 304.
            ``(3) Deadline.--The chief executive officer or highest 
        ranking official of a covered organization (as the case may be) 
        shall file the statement required under this subsection with 
        respect to a calendar quarter not later than 15 days after the 
        end of the quarter.
    ``(d) Definitions.--For purposes of this section, the following 
definitions apply:
            ``(1) Covered organization.--The term `covered 
        organization' means any of the following:
                    ``(A) Any corporation which is subject to section 
                316(a).
                    ``(B) Any labor organization (as defined in section 
                316).
                    ``(C) Any organization described in paragraph (4), 
                (5), or (6) of section 501(c) of the Internal Revenue 
                Code of 1986 and exempt from tax under section 501(a) 
                of such Code.
                    ``(D) Any political organization under section 527 
                of the Internal Revenue Code of 1986, other than a 
                political committee under this Act.
            ``(2) Campaign-related activity.--
                    ``(A) In general.--The term `campaign-related 
                activity' means--
                            ``(i) an independent expenditure consisting 
                        of a public communication (as defined in 
                        section 301(22)), a transfer of funds to 
                        another person for the purpose of making such 
                        an independent expenditure by that person or by 
                        any other person, or (in accordance with 
                        subparagraph (B)) a transfer of funds to 
                        another person 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 for the 
                        purpose of making an electioneering 
                        communication by that person or by any other 
                        person, or (in accordance with subparagraph 
                        (B)) a transfer of funds to another person 
                        which is deemed to have been made for the 
                        purpose of making an electioneering 
                        communication by that person or by any other 
                        person.
                    ``(B) Rule for deeming transfers made for purpose 
                of campaign-related activity.--For purposes of 
                subparagraph (A), in determining whether a transfer of 
                funds by one person to another person shall be deemed 
                to have been made for the purpose of making an 
                independent expenditure consisting of a public 
                communication or an electioneering communication, the 
                following rules apply:
                            ``(i) The transfer shall be deemed to have 
                        been made for the purpose of making such an 
                        independent expenditure or an electioneering 
                        communication if--
                                    ``(I) the person making the 
                                independent expenditure or 
                                electioneering communication or another 
                                person acting on that person's behalf 
                                solicited funding from the person or 
                                from the person to whom the amounts 
                                were transferred for the purpose of 
                                making any such independent 
                                expenditures or electioneering 
                                communications,
                                    ``(II) the person and the person to 
                                whom the amounts were transferred 
                                engaged in substantial discussion 
                                (whether written or verbal) regarding 
                                the making of such independent 
                                expenditures or electioneering 
                                communications,
                                    ``(III) the person or the person to 
                                whom the amounts were transferred knew 
                                or should have known of the covered 
                                organization's intent to disburse funds 
                                for campaign-related activity, or
                                    ``(IV) the person or the person to 
                                whom the amounts were transferred made 
                                such an independent expenditure or 
                                electioneering communication during the 
                                election cycle involved or the previous 
                                election cycle (as defined in section 
                                301(25)).
                            ``(ii) The transfer shall not be deemed to 
                        have been made for the purpose of making such 
                        an independent expenditure or an electioneering 
                        communication if the transfer was a commercial 
                        transaction occurring in the ordinary course of 
                        business between the person and the person to 
                        whom the amounts were transferred.
            ``(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;
                    ``(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; or
                    ``(C) any donation or payment made by a person who 
                notifies the organization in writing (at the time of 
                making the payment) that the organization may not use 
                the donation or payment for campaign-related 
                activity.''.

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

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

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

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

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

    (a) Applying Requirements to All Independent Expenditure 
Communications.--Section 318(a) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 441d(a)) is amended by striking ``for the purpose of 
financing communications expressly advocating the election or defeat of 
a clearly identified candidate'' and inserting ``for an independent 
expenditure consisting of a public communication''.
    (b) Stand by Your Ad Requirements.--
            (1) Maintenance of existing requirements for communications 
        by political parties and other political committees.--Section 
        318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is amended--
                    (A) in the heading, by striking ``others'' and 
                inserting ``political committees'';
                    (B) by striking ``subsection (a)'' and inserting 
                ``subsection (a) which is paid for by a political 
                committee (including a political committee of a 
                political party)''; 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).
                    ``(C) If the communication is transmitted through 
                television and is an electioneering communication or an 
                independent expenditure consisting of a public 
                communication and is paid for in whole or in part with 
                a payment which is treated as a disbursement by a 
                covered organization for campaign-related activity 
                under section 325, the Top Five Funders list described 
                in paragraph (5) (if applicable), unless, on the basis 
                of criteria established in regulations promulgated by 
                the Commission, the communication is of such short 
                duration that including the Top Five Funders list in 
                the communication would constitute a hardship to the 
                person paying for the communication by requiring a 
                disproportionate amount of the communication's content 
                to consist of the Top Five Funders list.
            ``(2) Individual disclosure statement described.--The 
        individual disclosure statement described in this paragraph is 
        the following: `I am _______, and I approve this message.', 
        with the blank filled in with the name of the applicable 
        individual.
            ``(3) Organizational disclosure statement described.--The 
        organizational disclosure statement described in this paragraph 
        is the following: `I am _______, the _______ of _______, and 
        _______ approves this message.', with--
                    ``(A) the first blank to be filled in with the name 
                of the applicable individual;
                    ``(B) the second blank to be filled in with the 
                title of the applicable individual; and
                    ``(C) the third and fourth blank each to be filled 
                in with the name of the organization or other person 
                paying for the communication.
            ``(4) Significant funder disclosure statement described.--
                    ``(A) Statement if significant funder is an 
                individual.--If the significant funder of a 
                communication paid for in whole or in part with a 
                payment which is treated as a disbursement by a covered 
                organization for campaign-related activity under 
                section 325 is an individual, the significant funder 
                disclosure statement described in this paragraph is the 
                following: `I am _______. I helped to pay for this 
                message, and I approve it.', with the blank filled in 
                with the name of the applicable individual.
                    ``(B) Statement if significant funder is not an 
                individual.--If the significant funder of a 
                communication paid for in whole or in part with a 
                payment which is treated as a disbursement by a covered 
                organization for campaign-related activity under 
                section 325 is not an individual, the significant 
                funder disclosure statement described in this paragraph 
                is the following: `I am _______, the _______ of 
                _______. _______ helped to pay for this message, and 
                _______ approves it.', with--
                            ``(i) the first blank to be filled in with 
                        the name of the applicable individual;
                            ``(ii) the second blank to be filled in 
                        with the title of the applicable individual; 
                        and
                            ``(iii) the third, fourth, and fifth blank 
                        each to be filled in with the name of the 
                        significant funder of the communication.
                    ``(C) Significant funder defined.--
                            ``(i) Independent expenditures.--For 
                        purposes of this paragraph, the `significant 
                        funder' with respect to an independent 
                        expenditure consisting of a public 
                        communication paid for in whole or in part with 
                        a payment which is treated as a disbursement by 
                        a covered organization for campaign-related 
                        activity under section 325 shall be determined 
                        as follows:
                                    ``(I) If any report filed by any 
                                organization with respect to the 
                                independent expenditure under section 
                                304 includes information on any person 
                                who made a payment to the organization 
                                in an amount equal to or exceeding 
                                $100,000 which was designated by the 
                                person to be used for campaign-related 
                                activity consisting of that specific 
                                independent expenditure (as required to 
                                be included in the report under section 
                                304(g)(5)(A)(i)), the person who is 
                                identified among all such reports as 
                                making the largest such payment.
                                    ``(II) If any report filed by any 
                                organization with respect to the 
                                independent expenditure under section 
                                304 includes information on any person 
                                who made a payment to the organization 
                                in an amount equal to or exceeding 
                                $100,000 which was designated by the 
                                person to be used for campaign-related 
                                activity with respect to the same 
                                election or in support of the same 
                                candidate (as required to be included 
                                in the report under section 
                                304(g)(5)(A)(i)) but subclause (I) does 
                                not apply, the person who is identified 
                                among all such reports as making the 
                                largest such payment.
                                    ``(III) If any report filed by any 
                                organization with respect to the 
                                independent expenditure under section 
                                304 includes information on any person 
                                who made a payment to the organization 
                                which was provided for the purpose of 
                                being used for campaign-related 
                                activity or in response to a 
                                solicitation for funds to be used for 
                                campaign-related activity (as required 
                                to be included in the report under 
                                section 304(g)(5)(A)(i)) but subclause 
                                (I) or subclause (II) does not apply, 
                                the person who is identified among all 
                                such reports as making the largest such 
                                payment.
                                    ``(IV) If none of the reports filed 
                                by any organization with respect to the 
                                independent expenditure under section 
                                304 includes information on any person 
                                (other than the organization) who made 
                                a payment to the organization which was 
                                provided for the purpose of being used 
                                for campaign-related activity or in 
                                response to a solicitation for funds to 
                                be used for campaign-related activity, 
                                but any of such reports includes 
                                information on any person who made an 
                                unrestricted donor payment to the 
                                organization (as required to be 
                                included in the report under section 
                                304(g)(5)(A)(ii)), the person who is 
                                identified among all such reports as 
                                making the largest such unrestricted 
                                donor payment.
                            ``(ii) Electioneering communications.--For 
                        purposes of this paragraph, the `significant 
                        funder' with respect to an electioneering 
                        communication paid for in whole or in part with 
                        a payment which is treated as a disbursement by 
                        a covered organization for campaign-related 
                        activity under section 325, shall be determined 
                        as follows:
                                    ``(I) If any report filed by any 
                                organization with respect to the 
                                electioneering communication under 
                                section 304 includes information on any 
                                person who made a payment to the 
                                organization in an amount equal to or 
                                exceeding $100,000 which was designated 
                                by the person to be used for campaign-
                                related activity consisting of that 
                                specific electioneering communication 
                                (as required to be included in the 
                                report under section 304(f)(6)(A)(i)), 
                                the person who is identified among all 
                                such reports as making the largest such 
                                payment.
                                    ``(II) If any report filed by any 
                                organization with respect to the 
                                electioneering communication under 
                                section 304 includes information on any 
                                person who made a payment to the 
                                organization in an amount equal to or 
                                exceeding $100,000 which was designated 
                                by the person to be used for campaign-
                                related activity with respect to the 
                                same election or in support of the same 
                                candidate (as required to be included 
                                in the report under section 
                                304(f)(6)(A)(i)) but subclause (I) does 
                                not apply, the person who is identified 
                                among all such reports as making the 
                                largest such payment.
                                    ``(III) If any report filed by any 
                                organization with respect to the 
                                electioneering communication under 
                                section 304 includes information on any 
                                person who made a payment to the 
                                organization which was provided for the 
                                purpose of being used for campaign-
                                related activity or in response to a 
                                solicitation for funds to be used for 
                                campaign-related activity (as required 
                                to be included in the report under 
                                section 304(f)(6)(A)(i)) but subclause 
                                (I) or subclause (II) does not apply, 
                                the person who is identified among all 
                                such reports as making the largest such 
                                payment.
                                    ``(IV) If none of the reports filed 
                                by any organization with respect to the 
                                electioneering communication under 
                                section 304 includes information on any 
                                person who made a payment to the 
                                organization which was provided for the 
                                purpose of being used for campaign-
                                related activity or in response to a 
                                solicitation for funds to be used for 
                                campaign-related activity, but any of 
                                such reports includes information on 
                                any person who made an unrestricted 
                                donor payment to the organization (as 
                                required to be included in the report 
                                under section 304(f)(6)(A)(ii)), the 
                                person who is identified among all such 
                                reports as making the largest such 
                                unrestricted donor payment.
            ``(5) Top 5 funders list described.--With respect to a 
        communication paid for in whole or in part with a payment which 
        is treated as a disbursement by a covered organization for 
        campaign-related activity under section 325, the Top 5 Funders 
        list described in this paragraph is--
                    ``(A) in the case of a disbursement for an 
                independent expenditure consisting of a public 
                communication, a list of the 5 persons who provided the 
                largest payments of any type which are required under 
                section 304(g)(5)(A) to be included in the reports 
                filed by any organization with respect to that 
                independent expenditure under section 304, together 
                with the amount of the payments each such person 
                provided; or
                    ``(B) in the case of a disbursement for an 
                electioneering communication, a list of the 5 persons 
                who provided the largest payments of any type which are 
                required under section 304(f)(6)(A) to be included in 
                the reports filed by any organization with respect to 
                that electioneering communication under section 304, 
                together with the amount of the payments each such 
                person provided.
            ``(6) Method of conveyance of statement.--
                    ``(A) Communications transmitted through radio.--In 
                the case of a communication to which this subsection 
                applies which is transmitted through radio, the 
                disclosure statements required under paragraph (1) 
                shall be made by audio by the applicable individual in 
                a clearly spoken manner.
                    ``(B) Communications transmitted through 
                television.--In the case of a communication to which 
                this subsection applies which is transmitted through 
                television, the information required under paragraph 
                (1)--
                            ``(i) shall appear in writing at the end of 
                        the communication in a clearly readable manner, 
                        with a reasonable degree of color contrast 
                        between the background and the printed 
                        statement, for a period of at least 6 seconds; 
                        and
                            ``(ii) except in the case of a Top 5 
                        Funders list described in paragraph (5), shall 
                        also be conveyed by an unobscured, full-screen 
                        view of the applicable individual, or by the 
                        applicable individual making the statement in 
                        voice-over accompanied by a clearly 
                        identifiable photograph or similar image of the 
                        individual.
            ``(7) Applicable individual defined.--In this subsection, 
        the term `applicable individual' means, with respect to a 
        communication to which this paragraph applies--
                    ``(A) if the communication is paid for by an 
                individual or if the significant funder of the 
                communication under paragraph (4) is an individual, the 
                individual involved;
                    ``(B) if the communication is paid for by a 
                corporation or if the significant funder of the 
                communication under paragraph (4) is a corporation, the 
                chief executive officer of the corporation (or, if the 
                corporation does not have a chief executive officer, 
                the highest ranking official of the corporation);
                    ``(C) if the communication is paid for by a labor 
                organization or if the significant funder of the 
                communication under paragraph (4) is a labor 
                organization, the highest ranking officer of the labor 
                organization; or
                    ``(D) if the communication is paid for by any other 
                person or if the significant funder of the 
                communication under paragraph (4) is any other person, 
                the highest ranking official of such person.
            ``(8) Other definitions.--In this subsection, the terms 
        `campaign-related activity', `covered organization', and 
        `unrestricted donor payment' have the meaning given such terms 
        in section 325.''.

      Subtitle C--Reporting Requirements for Registered Lobbyists

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

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

        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.

    Section 325 of the Federal Election Campaign Act of 1971, as added 
by section 212, is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (e) and (f); and
            (2) by inserting after subsection (b) the following new 
        subsections:
    ``(c) Disclosures to Shareholders, Members, and Donors of 
Information on Disbursements for Campaign-Related Activity.--
            ``(1) Including information in regular periodic reports.--A 
        covered organization which submits regular, periodic reports to 
        its shareholders, members, or donors on its finances or 
        activities shall include in each such report the information 
        described in paragraph (2) with respect to the disbursements 
        made by the organization for campaign-related activity during 
        the period covered by the report.
            ``(2) Information described.--The information described in 
        this paragraph is, for each disbursement for campaign-related 
        activity--
                    ``(A) the date of the independent expenditure or 
                electioneering communication involved;
                    ``(B) the amount of the independent expenditure or 
                electioneering communication involved;
                    ``(C) the name of the candidate identified in the 
                independent expenditure or electioneering communication 
                involved, the office sought by the candidate, and (if 
                applicable) whether the independent expenditure or 
                electioneering communication involved was in support of 
                or in opposition to the candidate;
                    ``(D) in the case of a transfer of funds to another 
                person, the information required by subparagraphs (A) 
                through (C), as well as the name of the recipient of 
                the funds and the date and amount of the funds 
                transferred;
                    ``(E) the source of such funds; and
                    ``(F) such other information as the Commission 
                determines is appropriate to further the purposes of 
                this subsection.
    ``(d) Public Dissemination of Certain Information.--
            ``(1) Information included in reports.--
                    ``(A) Requiring dissemination.--If a covered 
                organization maintains an Internet site, the 
                organization shall 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 following 
                information:
                            ``(i) The information the organization is 
                        required to report under section 304(g)(5)(A) 
                        with respect to public independent 
                        expenditures.
                            ``(ii) The information the organization is 
                        required to include in a statement of 
                        disbursements for electioneering communications 
                        under section 304(f)(6).
                    ``(B) Deadline; duration of posting.--The covered 
                organization shall post the information described in 
                subparagraph (A) not later than 24 hours after the 
                organization files the information with the Commission 
                under the applicable provision of this Act, and shall 
                ensure that the information remains on the website 
                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.
            ``(2) Information on breakdown of disbursements among types 
        of recipients.--
                    ``(A) Requiring dissemination.--If a covered 
                organization maintains an Internet site, the 
                organization shall 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 following information 
                with respect to the aggregate amount of disbursements 
                made by the organization for campaign-related activity 
                during a calendar year:
                            ``(i) A breakdown by political party of the 
                        total amount disbursed in support of and in 
                        opposition to candidates of each political 
                        party.
                            ``(ii) The total amount disbursed in 
                        support of or opposition to--
                                    ``(I) incumbent candidates;
                                    ``(II) candidates challenging 
                                incumbent candidates; and
                                    ``(III) candidates for election to 
                                an office for which no incumbent is 
                                seeking re-election.
                    ``(B) Deadline; duration of posting.--A covered 
                organization shall post the information described in 
                subparagraph (A) with respect to a calendar year not 
                later than the first January 31 which follows that 
                calendar year, and shall ensure that the information 
                remains on the website until the end of the calendar 
                year in which the information is posted.''.

                    TITLE IV--TELEVISION MEDIA RATES

SEC. 401. TELEVISION MEDIA RATES.

    (a) Application of Equal Opportunities Requirement and Prohibition 
of Censorship to Candidate and National Committees of Political 
Parties.--
            (1) In general.--The matter preceding paragraph (1) of 
        section 315(a) of the Communications Act of 1934 (47 U.S.C. 
        315(a)) is amended to read as follows:
    ``(a) In General.--If any licensee shall permit any person who is a 
legally qualified candidate for any public office or any national 
committee of a political party in connection with a campaign of a 
legally qualified candidate for Federal office to use a broadcasting 
station, the licensee shall afford equal opportunities in the use of 
such broadcasting station to all other such candidates for that office 
or national committees of political parties in connection with such 
campaign for such office: Provided, That such licensee shall have no 
power of censorship over the material broadcast under the provisions of 
this section. No obligation is imposed under this subsection upon any 
licensee to allow the use of its station by any such candidate or 
national committee. Appearance by a legally qualified candidate or a 
representative of a national committee of a political party on behalf 
of any legally qualified candidate for Federal office on any--''.
            (2) Conforming amendment.--Section 315(a)(3) of such Act 
        (47 U.S.C. 315(a)(3)) is amended by striking ``candidate'' and 
        inserting ``candidate or representative''.
    (b) Reasonable Access To Purchase Broadcasting Time.--
            (1) Reasonable access by political parties.--Section 
        312(a)(7) of such Act (47 U.S.C. 312(a)(7)) is amended--
                    (A) by striking ``reasonable amounts of time'' and 
                inserting ``reasonable amounts of time, including 
                reasonable amounts of time purchased at the lowest unit 
                charge under section 315(b),'';
                    (B) by striking ``elective''; and
                    (C) by striking the period at the end and inserting 
                the following: ``or by a national committee of a 
                political party (including a national congressional 
                campaign committee of a political party) in connection 
                with the campaign of such candidate.''.
            (2) Determination.--Section 312(c) of such Act (47 U.S.C. 
        312(c)) is amended by inserting after the second sentence the 
        following: ``In determining whether reasonable amounts of time, 
        including reasonable amounts of time purchased at the lowest 
        unit charge under section 315(b), have been provided under 
        subsection (a)(7), the Commission shall examine and consider 
        the time provided by the licensee, permittee, or person to 
        purchase time, including nonpreemptible time, by purchasers 
        other than a legally qualified candidate for Federal office on 
        behalf of his candidacy or by a national committee of a 
        political party (including a national congressional campaign 
        committee of a political party) in connection with such 
        campaign.''
    (c) Lowest Unit Charge.--
            (1) Charges for candidates for federal office.--Section 
        315(b) of such Act (47 U.S.C. 315(b)) is amended--
                    (A) in paragraph (1)(A), by striking ``paragraph 
                (2)'' and inserting ``paragraphs (2) and (3)'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3); and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Charges for candidates for federal office.--
                    ``(A) Limitation on charges.--Subject to 
                subparagraphs (B) and (C), the charges made for the use 
                of any broadcasting station by any person who is a 
                legally qualified candidate for any Federal office in 
                connection with the campaign of such candidate for 
                election to such office, or by a national committee of 
                a political party in connection with such campaign, 
                shall not exceed--
                            ``(i) subject to paragraph (3), during the 
                        45 days preceding the date of a primary or 
                        primary runoff election and during the 60 days 
                        preceding the date of a general or special 
                        election in which such person is a candidate, 
                        the lowest unit charge of the station for the 
                        same amount of time that was offered at any 
                        time during the 180 days preceding the date of 
                        use; and
                            ``(ii) at any other time, the charges made 
                        for comparable use of such station by other 
                        users thereof.
                    ``(B) Geographic limitation.--The limitation on 
                charges under subparagraph (A) shall only apply for the 
                use of a broadcasting station in the media markets that 
                cover the State (or States) in which the candidate is 
                seeking election to Federal office.
                    ``(C) Eligibility.--
                            ``(i) In general.--The limitation on 
                        charges under subparagraph (A) shall only apply 
                        if, in an election for a Federal office, a 
                        covered organization under section 325 of the 
                        Federal Election Campaign Act of 1971 makes 
                        disbursements for electioneering communications 
                        in connection with any legally qualified 
                        candidate for Federal office or for independent 
                        expenditures in an aggregate amount of $50,000 
                        or more during a calendar year.
                            ``(ii) Application.--In such circumstances, 
                        the limitation on charges under subparagraph 
                        (A) shall apply to all legally qualified 
                        candidates for Federal office in such election 
                        and national committees of political parties in 
                        connection with such election.
                            ``(iii) Requirement.--In an election for 
                        Federal office in which no covered organization 
                        has made the disbursements described in clause 
                        (i), all legally qualified candidates in such 
                        election shall be entitled to receive the 
                        lowest unit charge described in paragraph (1) 
                        for as long as no such disbursements are made 
                        in such election.
                    ``(D) Severability.--If the operation of 
                subparagraph (C) is enjoined by any court of competent 
                jurisdiction, or if subparagraph (C) is held to be 
                constitutionally insufficient by final judicial 
                decision, then subparagraph (A) shall take effect 
                immediately without any limitation imposed by 
                subparagraph (C).''.
            (2) National committee charges.--Section 315(b)(1) of such 
        Act (47 U.S.C. 315(b)(1)) is amended in the matter preceding 
        subparagraph (A) by striking ``office shall'' and inserting 
        ``office or by a national committee of a political party in 
        connection with the campaign of a legally qualified candidate 
        for Federal office shall''.
            (3) Adequate access at lowest unit charge.--Section 315(b) 
        of such Act (47 U.S.C. 315(b)) is amended by adding at the end 
        the following:
            ``(4) Adequate access at lowest unit charge.--A licensee 
        shall take all actions necessary to ensure access to the use of 
        a broadcasting station, in accordance with the requirements 
        under paragraph (2), to meet the obligations under section 
        312(a)(7) for the use of such station by a legally qualified 
        candidate for Federal office on behalf of his candidacy and by 
        a national committee of a political party in connection with 
        the campaign of such candidate.''.
            (4) Conforming amendment.--Section 315(b)(3) of such Act 
        (as redesignated by paragraph (1)(A)) is amended by striking 
        ``under paragraph (1)(A)'' each place it appears and inserting 
        ``under paragraph (1)(A) or (2)(A)(i)''.
            (5) Requiring organizations to notify commission if 
        disbursements equal or exceed threshold.--Title III of the 
        Federal Election Campaign Act of 1971 (2 U.S.C. 431 et seq.), 
        as amended by section 213(a), is further amended by adding at 
        the end the following new section:

``SEC. 327. REQUIRING COVERED ORGANIZATIONS TO NOTIFY COMMISSION AND 
              FCC IF DISBURSEMENTS EQUAL OR EXCEED THRESHOLD.

    ``(a) Notification Required if Election- or Candidate-Specific 
Disbursements Equal or Exceed Threshold.--Not later than 24 hours after 
the date by which the aggregate amount of disbursements made by a 
covered organization for campaign-related activity with respect to a 
specific election or a specific candidate (together with the amount of 
any disbursements contracted to be made by the organization for such 
activity) first equals or exceeds $50,000, the organization shall file 
a report with the Commission and with the Federal Communications 
Commission which states the amount of the disbursements and identifies 
the election or candidate involved.
    ``(b) Definitions.--For purposes of subsection (a), the terms 
`campaign-related activity' and `covered organization' have the meaning 
given such terms in section 325.''.
    (d) Preemption; Random Audits.--Section 315 of the Communications 
Act of 1934 (47 U.S.C. 315) is amended--
            (1) by redesignating subsection (c) as subsection (g);
            (2) by redesignating subsection (d) as subsection (f); and
            (3) by inserting after subsection (b) the following:
    ``(c) Preemption.--
            ``(1) In general.--Except as provided in paragraph (2), a 
        licensee shall not preempt the use of a broadcasting station by 
        a legally qualified candidate for Federal office or a national 
        committee of a political party in connection with the campaign 
        of such candidate.
            ``(2) Circumstances beyond control of licensee.--If a 
        program to be broadcast by a broadcasting station is preempted 
        because of circumstances beyond the control of the station, any 
        scheduled use of a broadcasting station by such candidate or 
        committee scheduled during that program may also be preempted.
    ``(d) Random Audits.--
            ``(1) In general.--During the 45 days preceding a primary 
        election and the 60 days preceding a general election, the 
        Commission shall conduct random audits of designated market 
        areas to ensure that each broadcasting station to which this 
        section applies is allocating broadcast time for legally 
        qualified candidates for Federal office in accordance with this 
        section and section 312.
            ``(2) Markets.--Each audit conducted under paragraph (1) 
        shall cover the following markets:
                    ``(A) At least 6 of the top 50 largest designated 
                market areas.
                    ``(B) At least 3 of the 51-100 largest designated 
                market areas.
                    ``(C) At least 3 of the 101-150 largest designated 
                market areas.
                    ``(D) At least 3 of the 151-210 largest designated 
                market areas.
            ``(3) Broadcast stations.--Each random audit shall include 
        each of the 3 largest television broadcast networks, 1 
        independent television network, 1 cable network, 1 provider of 
        satellite services, and 1 radio network.''.
    (e) Political File.--Section 315(e) of such Act (47 U.S.C. 315(e)) 
is amended by adding at the end the following:
            ``(4) Public access to political file.--In making a record 
        available for public inspection under paragraph (1), a licensee 
        shall make available on a timely basis on the station's Web 
        site the record of a request to purchase broadcast time that is 
        made by or on behalf of a legally qualified candidate for 
        Federal office, a national committee of a political party in 
        connection with a campaign for such office, or by a covered 
        organization under section 325(c) of the Federal Election 
        Campaign Act of 1971 for electioneering communications in 
        connection with any legally qualified candidate for Federal 
        office or for independent expenditures.''.
    (f) Definitions.--Section 315(g) of such Act (as redesignated by 
subsection (d)(1)) is amended--
            (1) by striking ``For purposes'' and inserting 
        ``Definitions.--For purposes'';
            (2) in paragraph (1), by striking ``; and'' and inserting 
        the following: ``and a provider of cable or satellite 
        television service, except that such term does not include a 
        noncommercial educational broadcast station as defined under 
        section 397;''
            (3) in paragraph (2), by striking the period at the end and 
        inserting a semicolon; and
            (4) by adding at the end the following:
            ``(3) the terms `authorized committee', `election', 
        `electioneering communications', `Federal office', and 
        `independent expenditure' have the meanings given such terms by 
        section 301 of the Federal Election Campaign Act of 1971 (2 
        U.S.C. 431);
            ``(4) the term `designated market area' has the meaning 
        given such term in section 122(j)(2)(C) of title 17, United 
        States Code; and
            ``(5) the term `national committee of a political party' 
        includes a national congressional campaign committee of a 
        political party.''.
    (g) Stylistic Amendment.--Section 315(f) of such Act (as 
redesignated by subsection (d)(2)), is amended by striking ``The 
Commission'' and inserting ``Regulations.--The Commission''.

                       TITLE V--OTHER PROVISIONS

SEC. 501. JUDICIAL REVIEW.

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

SEC. 502. 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. 503. 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.
                                 <all>
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