Act. Nothing in the previous sentence shall be con-
strued 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 COMMUNICA-
TIONS MADE ON BEHALF OF CANDIDATES. 
(a) TREATMENT OF PAYMENT FOR COMMUNICATION 
AS CONTRIBUTION IF MADE UNDER CONTROL OR DIREC-
TION 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 com-
munication made on behalf of a candidate for 
Federal office who is affiliated with such party, 
but only if the communication is controlled by, 
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or made at the direction of, the candidate or an 
authorized committee of the candidate.’’. 
(b) REQUIRING CONTROL OR DIRECTION BY CAN-
DIDATE FOR TREATMENT AS COORDINATED PARTY EX-
PENDITURE.— 
(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 COMMU-
NICATIONS.—The direct costs incurred by a political com-
mittee 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 con-
trolled 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 amend-
ments made by this section shall apply with respect to pay-
ments 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 
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Commission has promulgated regulations to carry out 
such amendments. 
TITLE 
II—PROMOTING 
EFFEC-
TIVE DISCLOSURE OF CAM-
PAIGN-RELATED ACTIVITY 
Subtitle 
A—Treatment 
of 
Inde-
pendent Expenditures and Elec-
tioneering 
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, ex-
pressly 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 ad-
vocating 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 posi-
tion on a candidate’s character, qualifications, 
or fitness for office; and’’. 
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(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
EXCEED-
ING THRESHOLD AMOUNT.— 
‘‘(A) INITIAL REPORT.—A person (includ-
ing a political committee) that makes or con-
tracts 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 per-
son files a report under subparagraph (A), the 
person shall file an additional report within 24 
hours after each time the person makes or con-
tracts to make independent expenditures in an 
aggregate amount equal to or greater than the 
threshold amount with respect to the same elec-
tion as that to which the initial report relates. 
‘‘(2) THRESHOLD
AMOUNT
DESCRIBED.—In 
paragraph (1), the ‘threshold amount’ means— 
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‘‘(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 contribu-
tions and expenditures made on or after the expira-
tion 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 amend-
ments. 
(2) REPORTING REQUIREMENTS.—The amend-
ment made by subsection (b) shall apply with re-
spect 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 COVERING GENERAL 
ELECTION.—Section 304(f)(3)(A)(i)(II)(aa) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 
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434(f)(3)(A)(i)(II)(aa)) is amended by striking ‘‘60 
days’’ and inserting ‘‘120 days’’. 
(2) EFFECTIVE DATE; TRANSITION FOR COM-
MUNICATIONS
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 amend-
ments, 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 
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(2) by inserting ‘‘, and (if applicable) a state-
ment regarding whether the communications are in-
tended to support or oppose such candidates’’ before 
the period at the end. 
Subtitle 
B—Expanded 
Require-
ments 
for 
Corporations 
and 
Other Organizations 
SEC. 211. ADDITIONAL INFORMATION REQUIRED TO BE IN-
CLUDED IN REPORTS ON DISBURSEMENTS BY 
COVERED ORGANIZATIONS. 
(a) INDEPENDENT EXPENDITURE REPORTS.—Sec-
tion 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
INFORMA-
TION
BY
COVERED
ORGANIZATIONS
MAKING
PAY-
MENTS
FOR
PUBLIC
INDEPENDENT
EXPENDI-
TURES.— 
‘‘(A) ADDITIONAL
INFORMATION.—If a 
covered organization makes or contracts to 
make public independent expenditures in an ag-
gregate amount equal to or exceeding $10,000 
in a calendar year, the report filed by the orga-
nization under this subsection shall include, in 
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addition to the information required under 
paragraph (3), the following information: 
‘‘(i) If any person made a donation or 
payment to the covered organization dur-
ing the covered organization reporting pe-
riod 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 ex-
ceeding $600 during such period, pre-
sented in the order of the aggregate 
amount of donations or payments 
made by such persons during such pe-
riod (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 
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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 expendi-
ture, a description of the expenditure. 
‘‘(ii) The identification of each person 
who made unrestricted donor payments to 
the organization during the covered organi-
zation reporting period— 
‘‘(I) in an aggregate amount 
equal to or exceeding $600 during 
such period, if any of the disburse-
ments made by the organization for 
any of the public independent expendi-
tures which are covered by the report 
were not made from the organization’s 
Campaign-Related Activity Account 
under section 326; or 
‘‘(II) in an aggregate amount 
equal to or exceeding $6,000 during 
such period, if the disbursements 
made by the organization for all of 
the public independent expenditures 
which are covered by the report were 
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made exclusively from the organiza-
tion’s Campaign-Related Activity Ac-
count under section 326 (but only if 
the organization has made deposits 
described in subparagraph (D) of sec-
tion 326(a)(2) into that Account dur-
ing 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 addi-
tional information in such reports), a cov-
ered organization which transfers amounts 
to another person for the purpose of mak-
ing a public independent expenditure by 
that person or by any other person, or (in 
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accordance with clause (ii)) which is 
deemed to have transferred amounts to an-
other 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 inde-
pendent expenditure. 
‘‘(ii) RULES
FOR
DEEMING
TRANS-
FERS MADE FOR PURPOSE OF MAKING EX-
PENDITURES.—For purposes of clause (i), 
in determining whether a covered organiza-
tion 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 inde-
pendent 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 per-
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son to whom the amounts were 
transferred for making any pub-
lic independent expenditures, 
‘‘(bb) the person and the 
person to whom the amounts 
were transferred engaged in sub-
stantial discussion (whether writ-
ten or verbal) regarding the mak-
ing of public independent expend-
itures, 
‘‘(cc) the person or the per-
son to whom the amounts were 
transferred knew or should have 
known of the covered organiza-
tion’s intent to make public inde-
pendent expenditures, or 
‘‘(dd) the person or the per-
son to whom the amounts were 
transferred made a public inde-
pendent expenditure during the 
election cycle involved or the pre-
vious election cycle (as defined in 
section 301(25)). 
‘‘(II) The person shall not be 
deemed 
to 
have 
transferred 
the 
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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
DES-
IGNATED FOR OTHER CAMPAIGN-RELATED AC-
TIVITY.—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-re-
lated 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 de-
scribed 
in 
clause 
(i) 
of 
section 
325(d)(2)(A) (relating to independent ex-
penditures) with respect to a different elec-
tion, or with respect to a candidate in a 
different election, than an election which is 
the subject of any of the public inde-
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pendent 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 
deter-
mining the amount of public independent ex-
penditures made by a covered organization for 
purposes of this paragraph, there shall be ex-
cluded any amounts paid from a separate seg-
regated 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 organiza-
tion under this subsection— 
‘‘(i) in the case of the first report filed 
by a covered organization under this sub-
section which includes information required 
under this paragraph, the shorter of— 
‘‘(I) the period which begins on 
the effective date of the Democracy is 
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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 re-
port 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 in-
formation. 
‘‘(F) COVERED ORGANIZATION DEFINED.— 
In this paragraph, the term ‘covered organiza-
tion’ means any of the following: 
‘‘(i) Any corporation which is subject 
to section 316(a). 
‘‘(ii) Any labor organization (as de-
fined in section 316). 
‘‘(iii) Any organization described in 
paragraph (4), (5), or (6) of section 501(c) 
of the Internal Revenue Code of 1986 and 
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exempt from tax under section 501(a) of 
such Code. 
‘‘(iv) Any political organization under 
section 527 of the Internal Revenue Code 
of 1986, other than a political committee 
under this Act. 
‘‘(G) OTHER DEFINITIONS.—In this para-
graph— 
‘‘(i) the terms ‘campaign-related activ-
ity’ and ‘unrestricted donor payment’ have 
the meaning given such terms in section 
325; and 
‘‘(ii) the term ‘public independent ex-
penditure’ means an independent expendi-
ture for a public communication (as de-
fined in section 301(22)).’’. 
(b) ELECTIONEERING COMMUNICATION REPORTS.— 
(1) IN GENERAL.—Section 304(f) of such Act 
(2 U.S.C. 434(f)) is amended— 
(A) by redesignating paragraphs (6) and 
(7) as paragraphs (7) and (8); and 
(B) by inserting after paragraph (5) the 
end the following new paragraph: 
‘‘(6) DISCLOSURE
OF
ADDITIONAL
INFORMA-
TION BY COVERED ORGANIZATIONS.— 
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‘‘(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 dur-
ing the covered organization reporting pe-
riod 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 ex-
ceeding $1,000 during such period, 
presented in the order of the aggre-
gate amount of donations or payments 
made by such persons during such pe-
riod (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 
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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 organi-
zation reporting period— 
‘‘(I) in an aggregate amount 
equal to or exceeding $1,000 during 
such period, if any of the disburse-
ments made by the organization for 
any of the electioneering communica-
tions which are covered by the state-
ment were not made from the organi-
zation’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 
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made by the organization for all of 
the 
electioneering 
communications 
which are covered by the statement 
were made exclusively from the orga-
nization’s Campaign-Related Activity 
Account under section 326 (but only 
if the organization has made deposits 
described in subparagraph (D) of sec-
tion 326(a)(2) into that Account dur-
ing 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 addi-
tional information in such statements), a 
covered 
organization 
which 
transfers 
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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 an-
other person for the purpose of making an 
electioneering communication by that per-
son or by any other person, shall be con-
sidered to have made a disbursement for 
an electioneering communication. 
‘‘(ii) RULES
FOR
DEEMING
TRANS-
FERS
MADE
FOR
PURPOSE
OF
MAKING 
COMMUNICATIONS.—For 
purposes 
of 
clause (i), in determining whether a cov-
ered 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 election-
eering communication, the following rules 
apply: 
‘‘(I) The person shall be deemed 
to have transferred the amounts for 
the purpose of making an election-
eering communication if— 
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‘‘(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 per-
son to whom the amounts were 
transferred for making any elec-
tioneering communications, 
‘‘(bb) the person and the 
person to whom the amounts 
were transferred engaged in sub-
stantial discussion (whether writ-
ten or verbal) regarding the mak-
ing of electioneering communica-
tions, 
‘‘(cc) the person or the per-
son to whom the amounts were 
transferred knew or should have 
known of the covered organiza-
tion’s intent to make election-
eering communications, or 
‘‘(dd) the person or the per-
son to whom the amounts were 
transferred made an election-
eering communication during the 
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election cycle involved or the pre-
vious 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
DES-
IGNATED FOR OTHER CAMPAIGN-RELATED AC-
TIVITY.—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-re-
lated 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 de-
scribed 
in 
clause 
(ii) 
of 
section 
325(d)(2)(A) (relating to electioneering 
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communications) with respect to a dif-
ferent election, or with respect to a can-
didate in a different election, than an elec-
tion which is the subject of any of the elec-
tioneering 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 ex-
penditures consisting of a public commu-
nication). 
‘‘(D) COVERED ORGANIZATION REPORTING 
PERIOD
DESCRIBED.—In this paragraph, the 
‘covered organization reporting period’ is, with 
respect to a statement filed by a covered orga-
nization under this subsection— 
‘‘(i) in the case of the first statement 
filed by a covered organization under this 
subsection which includes information re-
quired 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 
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on the disclosure date for the state-
ment, or 
‘‘(II) the 12-month period ending 
on the disclosure date for the state-
ment; and 
‘‘(ii) in the case of any subsequent 
statement filed by a covered organization 
under this subsection which includes infor-
mation required under this paragraph, the 
period occurring since the most recent 
statement filed by the organization which 
includes such information. 
‘‘(E) 
COVERED
ORGANIZATION
DE-
FINED.—In this paragraph, the term ‘covered 
organization’ means any of the following: 
‘‘(i) Any corporation which is subject 
to section 316(a). 
‘‘(ii) Any labor organization (as de-
fined in section 316). 
‘‘(iii) Any organization described in 
paragraph (4), (5), or (6) of section 501(c) 
of the Internal Revenue Code of 1986 and 
exempt from tax under section 501(a) of 
such Code. 
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‘‘(iv) Any political organization under 
section 527 of the Internal Revenue Code 
of 1986, other than a political committee 
under this Act. 
‘‘(F) OTHER DEFINITIONS.—In this para-
graph, the terms ‘campaign-related activity’ and 
‘unrestricted donor payment’ have the meaning 
given such terms in section 325.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
304(2) of such Act (2 U.S.C. 434(f)(2)) is amended 
by striking ‘‘If the disbursements’’ each place it ap-
pears in subparagraph (E) and (F) and inserting the 
following: ‘‘Except in the case of a statement which 
is required to include additional information under 
paragraph (6), if the disbursements’’. 
SEC. 212. RULES REGARDING USE OF GENERAL TREASURY 
FUNDS BY COVERED ORGANIZATIONS FOR 
CAMPAIGN-RELATED ACTIVITY. 
Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.) is amended by adding at the 
end the following new section: 
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‘‘SEC. 325. SPECIAL RULES FOR USE OF GENERAL TREAS-
URY FUNDS BY COVERED ORGANIZATIONS 
FOR CAMPAIGN-RELATED ACTIVITY. 
‘‘(a) USE OF FUNDS FOR CAMPAIGN-RELATED AC-
TIVITY.— 
‘‘(1) IN GENERAL.—Subject to any applicable 
restrictions and prohibitions under this Act, a cov-
ered organization may make disbursements for cam-
paign-related activity using— 
‘‘(A) amounts paid or donated to the orga-
nization 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, in-
cluding amounts received pursuant to commer-
cial activities in the regular course of a covered 
organization’s business. 
‘‘(2) NO EFFECT ON USE OF SEPARATE SEG-
REGATED FUND.—Nothing in this section shall be 
construed to affect the authority of a covered organi-
zation to make disbursements from a separate seg-
regated fund established and administered by the or-
ganization under section 316(b)(2)(C). 
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‘‘(b) RESTRICTIONS ON USE OF FUNDS FOR CAM-
PAIGN-RELATED ACTIVITY.— 
‘‘(1) CERTIFICATION AFTER RECEIVING NOTIFI-
CATION BY DONOR TO NOT USE FUNDS FOR ACTIV-
ITY.—If any person who makes a donation, pay-
ment, or transfer to a covered organization (other 
than the covered organization) notifies the organiza-
tion in writing (at the time of making the donation, 
payment, or transfer) that the organization may not 
use the donation, payment, or transfer for cam-
paign-related activity, not later than 7 days after the 
organization receives the donation, payment, or 
transfer the organization shall transmit to the per-
son a written certification by the chief financial offi-
cer of the covered organization (or, if the organiza-
tion does not have a chief financial officer, the high-
est ranking financial official of the organization), 
under penalty of perjury, that— 
‘‘(A) the organization will not use the do-
nation, payment, or transfer for campaign-re-
lated 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 
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communications, so that the person will not be 
required to appear in a significant funder state-
ment or a Top 5 Funders list under section 
318(e). 
‘‘(2) EXCEPTION FOR PAYMENTS MADE PURSU-
ANT TO COMMERCIAL ACTIVITIES.—Paragraph (1) 
does not apply with respect to any payment or trans-
fer 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 OF-
FICER.—If, at any time during a calendar quarter, 
a covered organization makes a disbursement of 
funds for campaign-related activity using funds de-
scribed in subsection (a)(1), the chief executive offi-
cer of the covered organization (or, if the organiza-
tion does not have a chief executive officer, the high-
est ranking official of the organization), under pen-
alty of perjury, shall file a statement with the Com-
mission 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 
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or suggestion of, any candidate or any author-
ized 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 organi-
zation 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 quar-
ter is attributable to funds received by the orga-
nization that were restricted by the person who 
provided the funds from being used for cam-
paign-related activity pursuant to subsection 
(b). 
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‘‘(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 ‘cov-
ered 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 para-
graph (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. 
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‘‘(D) Any political organization under sec-
tion 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 con-
sisting of a public communication (as de-
fined 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 pur-
pose of making such an independent ex-
penditure 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 sub-
paragraph (B)) a transfer of funds to an-
other person which is deemed to have been 
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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 dona-
tion or payment from a person other than the cov-
ered organization, except that such term does not in-
clude— 
‘‘(A) any payment made pursuant to com-
mercial activities in the regular course of a cov-
ered 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 ac-
tivity 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 pay-
ment for campaign-related activity.’’. 
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SEC. 213. OPTIONAL USE OF SEPARATE ACCOUNT BY COV-
ERED ORGANIZATIONS FOR CAMPAIGN-RE-
LATED 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 COV-
ERED ORGANIZATIONS FOR CAMPAIGN-RE-
LATED ACTIVITY. 
‘‘(a) OPTIONAL USE OF SEPARATE ACCOUNT.— 
‘‘(1) ESTABLISHMENT OF ACCOUNT.— 
‘‘(A) IN GENERAL.—At its option, a cov-
ered organization may make disbursements for 
campaign-related activity using amounts from a 
bank account established and controlled by the 
organization to be known as the Campaign-Re-
lated 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 ex-
clusively of the deposits described in paragraph 
(2). 
‘‘(B) 
MANDATORY
USE
OF
ACCOUNT 
AFTER ESTABLISHMENT.—If a covered organi-
zation establishes an Account under this sec-
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tion, it may not make disbursements for cam-
paign-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 dis-
bursements by the covered organization for 
campaign-related activity. After such disburse-
ments are made, information with respect to de-
posits made to the Account shall be disclosed in 
accordance with section 304(g)(5) or section 
304(f)(6). 
‘‘(2) DEPOSITS DESCRIBED.—The deposits de-
scribed in this paragraph are deposits of the fol-
lowing amounts: 
‘‘(A) Amounts donated or paid to the cov-
ered 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 cov-
ered organization by a person other than the 
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organization for the purpose of being used for 
campaign-related activity, and for which the 
person providing the amounts has not des-
ignated that the amounts be used for campaign- 
related activity with respect to a specific elec-
tion or specific candidate. 
‘‘(C) Amounts donated or paid to the cov-
ered 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 organi-
zation’s general treasury funds. 
‘‘(3) NO
TREATMENT
AS
POLITICAL
COM-
MITTEE.—The establishment and administration of 
an Account in accordance with this subsection shall 
not by itself be treated as the establishment or ad-
ministration of a political committee for any purpose 
of this Act. 
‘‘(b) REDUCTION IN AMOUNTS OTHERWISE AVAIL-
ABLE FOR ACCOUNT IN RESPONSE TO DEMAND OF GEN-
ERAL DONORS.— 
‘‘(1) IN GENERAL.—If a covered organization 
which has established an Account obtains any reve-
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nues during a year which are attributable to a dona-
tion or payment from a person other than the cov-
ered organization, and if any person who makes 
such a donation or payment to the organization noti-
fies the organization in writing (at the time of mak-
ing 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 cov-
ered organization’s business. 
‘‘(c) COVERED ORGANIZATION DEFINED.—In this 
section, the term ‘covered organization’ means any of the 
following: 
‘‘(1) Any corporation which is subject to section 
316(a). 
‘‘(2) Any labor organization (as defined in sec-
tion 316). 
‘‘(3) Any organization described in paragraph 
(4), (5), or (6) of section 501(c) of the Internal Rev-
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enue Code of 1986 and exempt from tax under sec-
tion 501(a) of such Code. 
‘‘(4) Any political organization under section 
527 of the Internal Revenue Code of 1986, other 
than a political committee under this Act. 
‘‘(d) CAMPAIGN-RELATED ACTIVITY DEFINED.—In 
this section, the term ‘covered organization’ has the mean-
ing given such term in section 325.’’. 
SEC. 214. MODIFICATION OF RULES RELATING TO DIS-
CLAIMER STATEMENTS REQUIRED FOR CER-
TAIN COMMUNICATIONS. 
(a) APPLYING
REQUIREMENTS
TO
ALL
INDE-
PENDENT
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
REQUIRE-
MENTS FOR COMMUNICATIONS BY POLITICAL PAR-
TIES AND OTHER POLITICAL COMMITTEES.—Section 
318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is 
amended— 
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(A) in the heading, by striking ‘‘OTHERS’’ 
and inserting ‘‘POLITICAL COMMITTEES’’; 
(B) by striking ‘‘subsection (a)’’ and in-
serting ‘‘subsection (a) which is paid for by a 
political committee (including a political com-
mittee 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 de-
scribed 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 polit-
ical party) shall include, in addition to the require-
ments of that paragraph, the following: 
‘‘(A) The individual disclosure statement 
described in paragraph (2) (if the person pay-
ing for the communication is an individual) or 
the organizational disclosure statement de-
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scribed in paragraph (3) (if the person paying 
for the communication is not an individual). 
‘‘(B) If the communication is an election-
eering communication or an independent ex-
penditure consisting of a public communication 
and is paid for in whole or in part with a pay-
ment which is treated as a disbursement by a 
covered organization for campaign-related activ-
ity 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 com-
munication or an independent expenditure con-
sisting 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 orga-
nization for campaign-related activity under 
section 325, the Top Five Funders list de-
scribed in paragraph (5) (if applicable), unless, 
on the basis of criteria established in regula-
tions promulgated by the Commission, the com-
munication is of such short duration that in-
cluding the Top Five Funders list in the com-
munication would constitute a hardship to the 
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person paying for the communication by requir-
ing a disproportionate amount of the commu-
nication’s content to consist of the Top Five 
Funders list. 
‘‘(2) INDIVIDUAL DISCLOSURE STATEMENT DE-
SCRIBED.—The individual disclosure statement de-
scribed in this paragraph is the following: ‘I am 
lllllll, and I approve this message.’, with 
the blank filled in with the name of the applicable 
individual. 
‘‘(3) ORGANIZATIONAL
DISCLOSURE
STATE-
MENT
DESCRIBED.—The organizational disclosure 
statement described in this paragraph is the fol-
lowing: ‘I am lllllll, the lllllll 
of lllllll, and lllllll 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 STATE-
MENT DESCRIBED.— 
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‘‘(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 disburse-
ment by a covered organization for campaign- 
related activity under section 325 is an indi-
vidual, the significant funder disclosure state-
ment described in this paragraph is the fol-
lowing: ‘I am lllllll. 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 disclo-
sure statement described in this paragraph is 
the following: ‘I am lllllll, the 
lllllll 
of 
lllllll. 
lllllll helped to pay for this mes-
sage, and lllllll approves it.’, with— 
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‘‘(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 ‘sig-
nificant funder’ with respect to an inde-
pendent expenditure consisting of a public 
communication paid for in whole or in part 
with a payment which is treated as a dis-
bursement by a covered organization for 
campaign-related activity under section 
325 shall be determined as follows: 
‘‘(I) If any report filed by any or-
ganization with respect to the inde-
pendent expenditure under section 
304 includes information on any per-
son who made a payment to the orga-
nization in an amount equal to or ex-
ceeding $100,000 which was des-
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ignated by the person to be used for 
campaign-related activity consisting of 
that specific independent expenditure 
(as required to be included in the re-
port 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 inde-
pendent expenditure under section 
304 includes information on any per-
son who made a payment to the orga-
nization in an amount equal to or ex-
ceeding $100,000 which was des-
ignated 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. 
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‘‘(III) If any report filed by any 
organization with respect to the inde-
pendent expenditure under section 
304 includes information on any per-
son who made a payment to the orga-
nization which was provided for the 
purpose of being used for campaign- 
related activity or in response to a so-
licitation for funds to be used for 
campaign-related activity (as required 
to be included in the report under sec-
tion 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 organiza-
tion) who made a payment to the or-
ganization which was provided for the 
purpose of being used for campaign- 
related activity or in response to a so-
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00:40 Apr 30, 2010
Jkt 089200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H5175.IH
H5175
jbell on DSKDVH8Z91PROD with BILLS