broadcast, cable, or satellite communication
which promotes or supports a candidate for
that office, or attacks or opposes a candidate
for that office (regardless of whether the com-
munication expressly advocates a vote for or
against a candidate) and which also is sugges-
tive of no plausible meaning other than an ex-
hortation to vote for or against a specific can-
didate.
‘‘(iii) Nothing in this subparagraph shall
be construed to affect the interpretation or ap-
plication of section 100.22(b) of title 11, Code
of Federal Regulations, or any other regulation
promulgated by the Commission to carry out
the definition of the term ‘expressly advocating’
for purposes of any other provision of this Act.
‘‘(B) EXCEPTIONS.—The term ‘election-
eering communication’ does not include—
‘‘(i) a communication appearing in a
news story, commentary, or editorial dis-
tributed through the facilities of any
broadcasting station, unless such facilities
are owned or controlled by any political
party, political committee, or candidate;
‘‘(ii) a communication which con-
stitutes an expenditure or an independent
expenditure under this Act;
‘‘(iii) a communication which con-
stitutes a candidate debate or forum con-
ducted pursuant to regulations adopted by
the Commission, or which solely promotes
such a debate or forum and is made by or
on behalf of the person sponsoring the de-
bate or forum; or
‘‘(iv) any other communication ex-
empted under such regulations as the
Commission may promulgate (consistent
with the requirements of this paragraph)
to ensure the appropriate implementation
of this paragraph, except that under any
such regulation a communication may not
be exempted if the communication—
‘‘(I) meets the requirements of
this paragraph; and
‘‘(II) is a public communication
which refers to a clearly identified
candidate for Federal office (regard-
less of whether a candidate for State
or local office is also mentioned or
identified) and which promotes or
supports a candidate for that office,
or attacks or opposes a candidate for
that office (regardless of whether the
communication expressly advocates a
vote for or against a candidate).
‘‘(4) TARGETED
MASS
COMMUNICATION
DE-
FINED.—
‘‘(A) IN GENERAL.—In this subsection, the
term ‘targeted mass communication’ means any
communication—
‘‘(i) which refers to or depicts a clear-
ly identified candidate for such election (by
name, image, or likeness); and
‘‘(ii) which is targeted to the relevant
electorate.
‘‘(B) TARGETING
TO
RELEVANT
ELEC-
TORATE.—
‘‘(i) BROADCAST COMMUNICATIONS.—
For purposes of this paragraph, a commu-
nication disseminated to the public by
means of any broadcast, cable, or satellite
communication which refers to or depicts a
clearly identified candidate for Federal of-
fice is ‘targeted to the relevant electorate’
if the communication is disseminated by a
broadcaster whose audience includes—
‘‘(I) a substantial number of resi-
dents of the district the candidate
seeks to represent (as determined in
accordance with regulations of the
Commission), in the case of a can-
didate for Representative in, or Dele-
gate or Resident Commissioner to, the
Congress; or
‘‘(II) a substantial number of
residents of the State the candidate
seeks to represent (as determined in
accordance with regulations of the
Commission), in the case of a can-
didate for Senator.
‘‘(ii) OTHER COMMUNICATIONS.—For
purposes of this paragraph, a communica-
tion which is not described in clause (i)
which refers to or depicts a clearly identi-
fied candidate for Federal office is ‘tar-
geted to the relevant electorate’ if—
‘‘(I) more than 10 percent of the
total number of intended recipients of
the communication are members of
the electorate involved with respect to
such Federal office; or
‘‘(II) more than 10 percent of
the total number of members of the
electorate involved with respect to
such Federal office receive the com-
munication.
‘‘(C) EXCEPTIONS.—The term ‘targeted
mass communication’ does not include—
‘‘(i) a communication appearing in a
news story, commentary, or editorial dis-
tributed 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 can-
didate;
‘‘(ii) a communication made by any
membership 
organization 
(including 
a
labor organization) or corporation solely to
its members, stockholders, or executive or
administrative personnel, if such member-
ship organization or corporation is not or-
ganized primarily for the purpose of influ-
encing the nomination for election, or elec-
tion, of any individual to Federal office; or
‘‘(iii) a communication which con-
stitutes an expenditure under this Act.
‘‘(5) DISCLOSURE DATE.—For purposes of this
subsection, the term ‘disclosure date’ means—
‘‘(A) the first date during any calendar
year by which a person has made disbursements
for the direct costs of producing or airing elec-
tioneering communications aggregating in ex-
cess of $10,000; and
‘‘(B) any other date during such calendar
year by which a person has made disbursements
for the direct costs of producing or airing elec-
tioneering communications aggregating in ex-
cess of $10,000 since the most recent disclosure
date for such calendar year.
‘‘(6) CONTRACTS TO DISBURSE.—For purposes
of this subsection, a person shall be treated as hav-
ing made a disbursement if the person has executed
a contract to make the disbursement.
‘‘(7) COORDINATION
WITH
OTHER
REQUIRE-
MENTS.—Any requirement to report under this sub-
section shall be in addition to any other reporting
requirement under this Act.
‘‘(8) COORDINATION
WITH
INTERNAL
REV-
ENUE CODE.—Nothing in this subsection may be
construed to establish, modify, or otherwise affect
the definition of political activities or electioneering
activities (including the definition of participating in,
intervening in, or influencing or attempting to influ-
ence a political campaign on behalf of or in opposi-
tion to any candidate for public office) for purposes
of the Internal Revenue Code of 1986.’’.
(b) RESPONSIBILITIES
OF FEDERAL COMMUNICA-
TIONS COMMISSION.—The Federal Communications Com-
mission shall compile and maintain any information the
Federal Election Commission may require to carry out
section 304(e) of the Federal Election Campaign Act of
1971 (as added by subsection (a)), and shall make such
information available to the public on the Federal Commu-
nication Commission’s website.
SEC. 3. EFFECTIVE DATE.
The amendments made by section 2 shall take effect
30 days after the date of the enactment of this Act.
Æ