IB 
Union Calendar No. 280 
111TH CONGRESS 
2D SESSION 
H. R. 5175 
[Report No. 111–492, Part I] 
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 elec-
tions, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 29, 2010 
Mr. VAN HOLLEN (for himself, Mr. CASTLE, Mr. BRADY of Pennsylvania, and 
Mr. JONES) introduced the following bill; which was referred to the Com-
mittee on House Administration, and in addition to the Committee on the 
Judiciary, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
MAY 25, 2010 
Additional sponsors: Mr. HEINRICH, Mr. CLYBURN, Mr. GEORGE MILLER of 
California, Mr. ELLSWORTH, Mr. SHULER, Mr. BRALEY of Iowa, Mr. 
LARSON of Connecticut, Mr. BECERRA, Ms. DELAURO, Mr. WAXMAN, 
Mr. CONYERS, Mr. NADLER of New York, Mr. SKELTON, Mr. BISHOP 
of New York, Mr. LARSEN of Washington, Mr. SCHIFF, Mr. DEUTCH, 
Mr. MCGOVERN, Mr. HINCHEY, Mr. MCDERMOTT, Mr. TONKO, Ms. 
NORTON, Ms. EDWARDS of Maryland, Mr. ANDREWS, Ms. HIRONO, Mr. 
STARK, Mrs. MALONEY, Mr. HOLT, Mr. WALZ, Mr. TEAGUE, Mr. BOS-
WELL, Ms. MATSUI, Mr. FARR, Mr. GARAMENDI, Mr. KAGEN, Mr. 
PALLONE, Ms. ZOE
LOFGREN
of California, Mr. LOEBSACK, Mr. 
YARMUTH, Ms. HARMAN, Ms. CHU, Mr. ISRAEL, Mr. SCHAUER, Mrs. 
CAPPS, Ms. MCCOLLUM, Ms. SLAUGHTER, Mr. ELLISON, Mr. PATRICK 
J. MURPHY of Pennsylvania, Ms. WASSERMAN SCHULTZ, Mr. SARBANES, 
Mr. SALAZAR, Mr. LEVIN, Mr. POLIS of Colorado, Mr. ROTHMAN of New 
Jersey, Ms. BERKLEY, Ms. GIFFORDS, Mr. HARE, Mr. KISSELL, Mr. 
HALL of New York, Mr. SCHRADER, Mr. ARCURI, Ms. SHEA-PORTER, 
Mr. KIND, Ms. KILROY, Mr. JACKSON of Illinois, Mr. PERRIELLO, Ms. 
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SUTTON, Mr. FOSTER, Mr. SERRANO, Mr. COURTNEY, Mr. COHEN, Mr. 
BOCCIERI, Ms. TITUS, Ms. WATERS, Mr. REYES, Mr. LUJA´N, Ms. ROY-
BAL-ALLARD, Mr. MOLLOHAN, Mr. PIERLUISI, Mr. FILNER, Mr. DIN-
GELL, Mr. LIPINSKI, Mr. WELCH, Ms. LINDA T. SA´NCHEZ of California, 
Mr. VISCLOSKY, Mr. SMITH
of Washington, Mr. CHANDLER, Mr. 
BLUMENAUER, Mr. POMEROY, Ms. LORETTA SANCHEZ of California, Mr. 
HIMES, Mrs. DAVIS of California, Ms. SPEIER, Mr. TIERNEY, Ms. 
SCHAKOWSKY, Mr. INSLEE, Mr. ETHERIDGE, Mr. MEEK of Florida, Mr. 
ACKERMAN, Mr. PRICE of North Carolina, Mr. HODES, Ms. CASTOR of 
Florida, Mr. MORAN of Virginia, Mrs. MCCARTHY of New York, Mr. 
CARNAHAN, Ms. CLARKE, Ms. MOORE of Wisconsin, Mr. THOMPSON of 
California, Mr. SHERMAN, Mr. LANGEVIN, and Ms. ESHOO 
MAY 25, 2010 
Reported from the Committee on House Administration with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
MAY 25, 2010 
Committee on the Judiciary discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on April 29, 2010] 
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 dis-
closure requirements with respect to spending in such 
elections, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 ‘‘De-
mocracy 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 communica-
tions by government contractors. 
Sec. 102. Application of ban on contributions and expenditures by foreign nation-
als to foreign-controlled domestic corporations. 
Sec. 103. Treatment of payments for coordinated communications as contribu-
tions. 
Sec. 104. Treatment of political party communications made on behalf of can-
didates. 
Sec. 105. Restriction on internet communications treated as public communica-
tions. 
TITLE II—PROMOTING EFFECTIVE DISCLOSURE OF CAMPAIGN- 
RELATED ACTIVITY 
Subtitle A—Treatment of Independent Expenditures and Electioneering 
Communications Made by All Persons 
Sec. 201. Independent expenditures. 
Sec. 202. Electioneering communications. 
Sec. 203. Mandatory electronic filing by persons making independent expendi-
tures or electioneering communications exceeding $10,000 at any 
time. 
Subtitle B—Expanded Requirements for Corporations and Other Organizations 
Sec. 211. Additional information required to be included in reports on disburse-
ments 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 cam-
paign-related activity. 
Sec. 214. Modification of rules relating to disclaimer statements required for cer-
tain communications. 
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Subtitle C—Reporting Requirements for Registered Lobbyists 
Sec. 221. Requiring registered lobbyists to report information on independent ex-
penditures and electioneering communications. 
TITLE III—DISCLOSURE BY COVERED ORGANIZATIONS OF 
INFORMATION ON CAMPAIGN-RELATED ACTIVITY 
Sec. 301. Requiring disclosure by covered organizations of information on cam-
paign-related activity. 
TITLE IV—OTHER PROVISIONS 
Sec. 401. Judicial review. 
Sec. 402. Severability. 
Sec. 403. Effective date. 
SEC. 2. FINDINGS. 
(a) GENERAL FINDINGS.—Congress finds and declares 
as follows: 
(1) Throughout the history of the United States, 
the American people have been rightly concerned 
about the power of special interests to control our 
democratic processes. That was true over 100 years 
ago when Congress first enacted legislation intended 
to restrict corporate funds from being used in Federal 
elections, legislation that Congress amended in 1947 
to expressly include independent expenditures. The 
Supreme Court held such legislation to be constitu-
tional in 1990 in Austin v. Michigan Chamber of 
Commerce (494 U.S. 652) and again in 2003 in 
McConnell v. F.E.C. (540 U.S. 93). 
(2) The Supreme Court’s decision in Citizens 
United v. Federal Election Commission on January 
21, 2010, invalidated legislation restricting the abil-
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ity of corporations and labor unions to spend funds 
from their general treasury accounts to influence the 
outcome of elections. 
(b) FINDINGS RELATING TO GOVERNMENT CONTRAC-
TORS.—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 eval-
uation 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 con-
tracts should be awarded based on an objective appli-
cation 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 con-
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tracting 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 con-
tracts, or to match similar expenditures and commu-
nications 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 gov-
ernment funds. 
(6) Prohibiting independent expenditures and 
electioneering communications by persons negotiating 
for or performing government contracts will prevent 
any appearance that government contracts were 
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awarded based in whole or in part on such expendi-
tures or communications, or based on the inappro-
priate or corrupting influence such expenditures and 
communications can create and appear to create. 
(7) In these ways, prohibiting independent ex-
penditures and electioneering communications by per-
sons negotiating for or performing government con-
tracts 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 sig-
nificant when would-be public contractors or appli-
cants for public funds make expenditures in Federal 
election campaigns in order to affect electoral out-
comes. 
(c) FINDINGS
RELATING
TO
FOREIGN
CORPORA-
TIONS.—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 elec-
tions. 
(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, 
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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, for-
eign ownership interests and influences are exerted in 
a perceptible way even when the entity is not major-
ity-foreign-owned. 
(4) The Federal Government has broad constitu-
tional power to protect American interests and sov-
ereignty 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 EXPENDI-
TURES.—Congress finds and declares as follows: 
(1) It has been the consistent view of Congress 
and the courts that coordinated expenditures in cam-
paigns 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 ex-
penditures under law, are for all relevant purposes 
coordinated with candidates and political parties and 
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thus raise the potential for corruption or the appear-
ance 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 corrup-
tion. 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 circum-
venting the laws and regulations which govern the fi-
nancing of election campaigns. 
(e) FINDINGS RELATING TO DISCLOSURES AND DIS-
CLAIMERS.—Congress finds and declares as follows: 
(1) The American people have a compelling in-
terest in knowing who is funding independent expend-
itures and electioneering communications to influence 
Federal elections, and the government has a compel-
ling interest in providing the public with that infor-
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mation. Effective disclaimers and prompt disclosure 
of expenditures, and the disclosure of the funding 
sources for these expenditures, can provide share-
holders, voters, and citizens with the information 
needed to evaluate the actions by special interests 
seeking influence over the democratic process. Trans-
parency 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 en-
courages the leaders of organizations to act only upon 
legitimate organizational purposes. 
(2) Protecting this compelling interest has be-
come particularly important to address the antici-
pated increase in special interest spending on elec-
tion-related communications which will result from 
the Supreme Court’s decision in the Citizens United 
case. The current disclosure and disclaimer require-
ments were designed for a campaign finance system 
in which such expenditures were subject to prohibi-
tions that no longer apply. 
(3) More rigorous disclosure and disclaimer re-
quirements are necessary to protect against the eva-
sion of current rules. Organizations that engage in 
election-related communications have used a variety 
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of methods to attempt to obscure their sponsorship of 
communications from the general public. Robust dis-
closure and disclaimer requirements are necessary to 
ensure that the electorate is informed about who is 
paying for particular election-related communica-
tions, 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 trans-
parency allow special interest political spending to 
serve as a private benefit for the officials of special 
interest organizations, to the detriment of the organi-
zations and their shareholders and members. 
(5) Various factors, including the advent of the 
Internet, where particular communications can be 
circulated and remain available for viewing long 
after they are first broadcast, and the frequency of po-
litical campaigns that effectively begin long before 
election day, have also rendered the existing system of 
disclosure and disclaimer requirements (including the 
limited time periods during which some of those re-
quirements currently apply) inadequate to protect 
fully the government’s interest in ensuring that the 
electorate is fully informed about the sources of elec-
tion-related spending, and that shareholders and citi-
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zens alike have the information they need to hold cor-
porations and elected officials accountable for their 
positions and supporters. 
(6) To serve the interests of accountability and 
transparency, it is also important that information 
about who is funding independent expenditures and 
electioneering communications be presented to the 
electorate in a manner that is readily accessible and 
that can be quickly and easily understood. 
(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 deci-
sion-making process in a variety of ways. 
(2) In recent years, scandals involving undue 
lobbyist influence have lowered public trust in govern-
ment and jeopardized the willingness of voters to take 
part in democratic governance. 
(3) One way in which lobbyists may unduly in-
fluence Federal officials is through their or their cli-
ents making independent expenditures or election-
eering communications targeting elected officials. 
(4) Disclosure of such independent expenditures 
and electioneering communications will allow the 
public to examine connections between such spending 
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and official actions, and will therefore limit the abil-
ity of lobbyists to exert an undue influence on elected 
officials. 
TITLE I—REGULATION OF 
CERTAIN POLITICAL SPENDING 
SEC. 101. PROHIBITING INDEPENDENT EXPENDITURES AND 
ELECTIONEERING COMMUNICATIONS BY GOV-
ERNMENT CONTRACTORS. 
(a) PROHIBITION APPLICABLE TO GOVERNMENT CON-
TRACTORS.— 
(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 commu-
nication; or’’. 
(B) CONFORMING AMENDMENT.—The head-
ing of section 317 of such Act (2 U.S.C. 441c) 
is amended by striking ‘‘CONTRIBUTIONS’’ and 
inserting ‘‘CONTRIBUTIONS, INDEPENDENT
EX-
PENDITURES, AND ELECTIONEERING COMMUNICA-
TIONS’’. 
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(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 fol-
lowing new subsection: 
‘‘(b) To the extent that subsection (a)(1) prohibits a 
person who enters into a contract described in such sub-
section from making any independent expenditure or dis-
bursing funds for an electioneering communication, such 
subsection shall apply only if the value of the contract is 
equal to or greater than $7,000,000.’’. 
(b) APPLICATION
TO RECIPIENTS
OF ASSISTANCE 
UNDER TROUBLED ASSET PROGRAM.—Section 317(a) of 
such Act (2 U.S.C. 441c(a)) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph (1); 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing 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.) (re-
lating to the purchase of troubled assets by the Sec-
retary of the Treasury), during the period— 
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‘‘(A) beginning on the later of the com-
mencement 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 termi-
nation 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 ex-
pressly or impliedly to make any such contribution to 
any political party, committee, or candidate for pub-
lic office or to any person for any political purpose 
or use, to make any independent expenditure, or to 
disburse any funds for an electioneering communica-
tion; 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 CORPORA-
TIONS. 
(a) APPLICATION OF BAN.—Section 319(b) of the Fed-
eral Election Campaign Act of 1971 (2 U.S.C. 441e(b)) is 
amended— 
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(1) by striking ‘‘or’’ at the end of paragraph (1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(3) any corporation which is not a foreign na-
tional 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 nation-
als 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 nation-
als described in paragraph (1) or (2) has the 
power to direct, dictate, or control the decision- 
making process of the corporation with respect to 
activities in connection with a Federal, State, or 
local election, including— 
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‘‘(i) the making of a contribution, do-
nation, expenditure, independent expendi-
ture, or disbursement for an electioneering 
communication (within the meaning of sec-
tion 304(f)(3)); or 
‘‘(ii) the administration of a political 
committee established or maintained by the 
corporation.’’. 
(b) CERTIFICATION OF COMPLIANCE.—Section 319 of 
such Act (2 U.S.C. 441e) is amended by adding at the end 
the following new subsection: 
‘‘(c) CERTIFICATION
OF
COMPLIANCE
REQUIRED 
PRIOR TO CARRYING OUT ACTIVITY.—Prior to the making 
in connection with an election for Federal office of any con-
tribution, 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 ex-
ecutive officer, the highest ranking official of the corpora-
tion), 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), un-
less the chief executive officer has previously filed such a 
certification during the year. Nothing in this subsection 
shall be construed to apply to any contribution, donation, 
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expenditure, independent expenditure, or disbursement 
from a separate segregated fund established and adminis-
tered by a corporation under section 316(b)(2)(C).’’. 
(c) NO EFFECT ON SEPARATE SEGREGATED FUNDS OF 
DOMESTIC CORPORATIONS.—Section 319 of such Act (2 
U.S.C. 441e), as amended by subsection (b), is further 
amended by adding at the end the following new subsection: 
‘‘(d) NO EFFECT ON SEPARATE SEGREGATE FUNDS OF 
DOMESTIC CORPORATIONS.—Nothing in this section shall 
be construed to prohibit any corporation which is not a for-
eign national described in paragraph (1) of subsection (b) 
from establishing, administering, and soliciting contribu-
tions to a separate segregated fund under section 
316(b)(2)(C), so long as none of the amounts in the fund 
are provided by any foreign national described in para-
graph (1) or (2) of subsection (b) and no foreign national 
described in paragraph (1) or (2) of subsection (b) has the 
power to direct, dictate, or control the establishment or ad-
ministration of the fund.’’. 
(d) NO EFFECT ON OTHER LAWS.—Section 319 of 
such Act (2 U.S.C. 441e), as amended by subsections (b) 
and (c), is further amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) NO EFFECT ON OTHER LAWS.—Nothing in this 
section shall be construed to affect the determination of 
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whether a corporation is treated as a foreign national for 
purposes of any law other than this Act.’’. 
SEC. 103. TREATMENT OF PAYMENTS FOR COORDINATED 
COMMUNICATIONS AS CONTRIBUTIONS. 
(a) IN GENERAL.—Section 301(8)(A) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431(8)(A)) is 
amended— 
(1) by striking ‘‘or’’ at the end of clause (i); 
(2) by striking the period at the end of clause 
(ii) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(iii) any payment made by any person 
(other than a candidate, an authorized com-
mittee of a candidate, or a political committee of 
a political party) for a coordinated communica-
tion (as determined under section 324).’’. 
(b) COORDINATED COMMUNICATIONS DESCRIBED.— 
Section 324 of such Act (2 U.S.C. 441k) is amended to read 
as follows: 
‘‘SEC. 324. COORDINATED COMMUNICATIONS. 
‘‘(a) COORDINATED COMMUNICATIONS DEFINED.—For 
purposes of this Act, the term ‘coordinated communication’ 
means— 
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‘‘(1) a covered communication which, subject to 
subsection (c), is made in cooperation, consultation, 
or concert with, or at the request or suggestion of, a 
candidate, an authorized committee of a candidate, or 
a political committee of a political party; or 
‘‘(2) any communication that republishes, dis-
seminates, or distributes, in whole or in part, any 
broadcast or any written, graphic, or other form of 
campaign material prepared by a candidate, an au-
thorized committee of a candidate, or their agents. 
‘‘(b) COVERED COMMUNICATION DEFINED.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (4), for purposes of this subsection, the term 
‘covered communication’ means, for purposes of the 
applicable election period described in paragraph (2), 
a public communication (as defined in section 
301(22)) that refers to a clearly identified candidate 
for Federal office and is publicly distributed or pub-
licly disseminated during such period. 
‘‘(2) APPLICABLE ELECTION PERIOD.—For pur-
poses 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— 
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tion or distribution occurs in the jurisdiction of the 
office that the candidate is seeking. 
‘‘(4) EXCEPTION.—The term ‘covered commu-
nication’ 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 publi-
cation, unless such facilities are owned or con-
trolled by any political party, political com-
mittee, 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 sole-
ly promotes such a debate or forum and is made 
by or on behalf of the person sponsoring the de-
bate or forum. 
‘‘(c) NO FINDING OF COORDINATION BASED SOLELY 
ON SHARING OF INFORMATION REGARDING LEGISLATIVE 
OR POLICY POSITION.—For purposes of subsection (a)(1), 
a covered communication may not be considered to be made 
in cooperation, consultation, or concert with, or at the re-
quest or suggestion of, a candidate, an authorized committee 
of a candidate, or a political committee of a political party 
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solely on the grounds that a person provided information 
to the candidate or committee regarding that person’s posi-
tion on a legislative or policy matter (including urging the 
candidate or party to adopt that person’s position), so long 
as there is no discussion between the person and the can-
didate or committee regarding the candidate’s campaign for 
election for Federal office. 
‘‘(d) PRESERVATION OF CERTAIN SAFE HARBORS AND 
FIREWALLS.—Nothing in this section may be construed to 
affect 11 CFR 109.21(g) or (h), as in effect on the date of 
the enactment of the Democracy is Strengthened by Casting 
Light on Spending in Elections Act. 
‘‘(e) TREATMENT OF COORDINATION WITH POLITICAL 
PARTIES
FOR
COMMUNICATIONS
REFERRING
TO
CAN-
DIDATES.—For purposes of this section, if a communication 
which refers to any clearly identified candidate or can-
didates of a political party or any opponent of such a can-
didate 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 
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the political party but not with or at the request or sugges-
tion of such clearly identified candidate or candidates.’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—This section and the amend-
ments 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 enact-
ment of this Act, without regard to whether or not the 
Federal Election Commission has promulgated regu-
lations 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 commu-
nication 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 de-
termination 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. 
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SEC. 104. TREATMENT OF POLITICAL PARTY COMMUNICA-
TIONS MADE ON BEHALF OF CANDIDATES. 
(a) TREATMENT OF PAYMENT FOR PUBLIC COMMU-
NICATION AS CONTRIBUTION IF MADE UNDER CONTROL OR 
DIRECTION OF CANDIDATE.—Section 301(8)(A) of the Fed-
eral 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 pub-
lic communication (as defined in paragraph 
(22)) made on behalf of a candidate for Federal 
office who is affiliated with such party, but only 
if the communication is controlled by, or made 
at the direction of, the candidate or an author-
ized 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: 
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‘‘(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, with-
out regard to whether or not the Federal Election Commis-
sion has promulgated regulations to carry out such amend-
ments. 
SEC. 105. RESTRICTION ON INTERNET COMMUNICATIONS 
TREATED AS PUBLIC COMMUNICATIONS. 
(a) IN GENERAL.—Section 301(22) of the Federal 
Election Campaign Act of 1971 (2 U.S.C. 431(22)) is 
amended by adding at the end the following new sentence: 
‘‘A communication which is disseminated through the 
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Internet shall not be treated as a form of general public 
political advertising under this paragraph unless the com-
munication was placed for a fee on another person’s Web 
site.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act. 
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, expressly 
advocates the election or defeat of a clearly iden-
tified 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 ac-
count whether the communication involved men-
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tions a candidacy, a political party, or a chal-
lenger 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 elec-
tronically file a report describing the expendi-
tures within 24 hours. 
‘‘(B) ADDITIONAL REPORTS.—After a per-
son files a report under subparagraph (A), the 
person shall electronically file an additional re-
port within 24 hours after each time the person 
makes or contracts to make independent expendi-
tures in an aggregate amount equal to or greater 
than the threshold amount with respect to the 
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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. 
‘‘(3) PUBLIC
AVAILABILITY.—Notwithstanding 
any other provision of this section, the Commission 
shall ensure that the information required to be dis-
closed under this subsection is publicly available 
through the Commission website not later than 24 
hours after receipt in a manner that is downloadable 
in bulk and machine readable.’’. 
(c) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendment made by sub-
section (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 en-
actment of this Act, without regard to whether or not 
the Federal Election Commission has promulgated 
regulations to carry out such amendments. 
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(2) REPORTING
REQUIREMENTS.—The amend-
ment made by subsection (b) shall apply with respect 
to reports required to be filed after the date of the en-
actment of this Act. 
SEC. 202. ELECTIONEERING COMMUNICATIONS. 
(a) EXPANSION
OF
PERIOD
COVERING
GENERAL 
ELECTION.—Section 304(f)(3)(A)(i)(II)(aa) of the Federal 
Election 
Campaign 
Act 
of 
1971 
(2 
U.S.C. 
434(f)(3)(A)(i)(II)(aa)) is amended by striking ‘‘60 days’’ 
and inserting ‘‘120 days’’. 
(b) 
MANDATORY
ELECTRONIC
FILING.—Section 
304(f)(1) of such Act (2 U.S.C. 434(f)(1)) is amended— 
(1) by striking ‘‘file with’’ and inserting ‘‘elec-
tronically file with’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘Notwithstanding any other provision of this 
section, the Commission shall ensure that the infor-
mation required to be disclosed under this subsection 
is publicly available through the Commission website 
not later than 24 hours after receipt in a manner 
that is downloadable in bulk and machine readable.’’. 
(c) EFFECTIVE DATE; TRANSITION FOR COMMUNICA-
TIONS MADE PRIOR
TO ENACTMENT.—The amendment 
made by subsection (a) shall apply with respect to commu-
nications made on or after the date of the enactment of this 
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Act, without regard to whether or not the Federal Election 
Commission has promulgated regulations to carry out such 
amendments, except that no communication which is made 
prior to the date of the enactment of this Act shall be treated 
as 
an 
electioneering 
communication 
under 
section 
304(f)(3)(A)(i)(II) of the Federal Election Campaign Act 
of 1971 (as amended by subsection (a)) unless the commu-
nication would be treated as an electioneering communica-
tion under such section if the amendment made by sub-
section (a) did not apply. 
SEC. 203. MANDATORY ELECTRONIC FILING BY PERSONS 
MAKING INDEPENDENT EXPENDITURES OR 
ELECTIONEERING 
COMMUNICATIONS 
EX-
CEEDING $10,000 AT ANY TIME. 
Section 304(d)(1) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 434(d)(1)) is amended— 
(1) by striking ‘‘or (g)’’; and 
(2) by adding at the end the following: ‘‘Notwith-
standing any other provision of this section, any per-
son who is required to file a statement under sub-
section (f) or subsection (g) shall file the statement in 
electronic form accessible by computers, in a manner 
which ensures that the information provided is 
searchable, sortable, and downloadable.’’. 
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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.—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 fol-
lowing new paragraph: 
‘‘(5) DISCLOSURE OF ADDITIONAL INFORMATION 
BY COVERED ORGANIZATIONS MAKING PAYMENTS FOR 
PUBLIC INDEPENDENT EXPENDITURES.— 
‘‘(A) ADDITIONAL INFORMATION.—If a cov-
ered organization makes or contracts to make 
public independent expenditures in an aggregate 
amount equal to or exceeding $10,000 in a cal-
endar 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 
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used for campaign-related activity or in re-
sponse 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 per-
son 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 cam-
paign-related activity with respect to a 
specific election or in support of a spe-
cific candidate, the name of the elec-
tion or candidate involved, and if any 
such person designated that the dona-
tion or payment be used for a specific 
public independent expenditure, a de-
scription of the expenditure. 
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‘‘(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 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 Cam-
paign-Related Activity Account under 
section 326; or 
‘‘(II) in an aggregate amount 
equal to or exceeding $6,000 during 
such period, if the disbursements made 
by the organization for all of the public 
independent expenditures which are 
covered by the report were made exclu-
sively from the organization’s Cam-
paign-Related Activity Account under 
section 326 (but only if the organiza-
tion has made deposits described in 
subparagraph (D) of section 326(a)(2) 
into that Account during such period 
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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 sub-
section (including the requirement under 
subparagraph (A) to include additional in-
formation in such reports), a covered orga-
nization which transfers amounts to another 
person (other than the covered organization 
itself) for the purpose of making a public 
independent expenditure by that person or 
by any other person, or (in accordance with 
clause (ii)) which is deemed to have trans-
ferred amounts to another person (other 
than the covered organization itself) for the 
purpose of making a public independent ex-
penditure by that person or by any other 
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person, shall be considered to have made a 
public independent expenditure. 
‘‘(ii) RULES FOR DEEMING TRANSFERS 
MADE FOR PURPOSE OF MAKING EXPENDI-
TURES.—For purposes of clause (i), in de-
termining 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 inde-
pendent expenditure if— 
‘‘(aa) the person designates, 
requests, or suggests that the 
amounts be used for public inde-
pendent expenditures and the per-
son to whom the amounts were 
transferred agrees to do so or does 
so; 
‘‘(bb) the person making the 
public independent expenditure or 
another person acting on that per-
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son’s behalf expressly solicited the 
person for a donation or payment 
for making or paying for any 
public independent expenditures; 
‘‘(cc) the person and the per-
son to whom the amounts were 
transferred engaged in substantial 
written or oral discussion regard-
ing the person either making, or 
donating or paying for, any pub-
lic independent expenditures; 
‘‘(dd) the person or the per-
son to whom the amounts were 
transferred knew or had reason to 
know of the covered organization’s 
intent to make public independent 
expenditures; or 
‘‘(ee) the person or the person 
to whom the amounts were trans-
ferred made a public independent 
expenditure during the 2-year pe-
riod which ends on the date on 
which the amounts were trans-
ferred. 
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‘‘(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, unless there is affirmative 
evidence that the amounts were trans-
ferred for the purpose of making a pub-
lic independent expenditure. 
‘‘(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 de-
scribed in clause (i) of section 325(d)(2)(A) 
(relating to independent expenditures) with 
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respect to a different election, or with re-
spect to a candidate in a different election, 
than an election which is the subject of any 
of the public independent expenditures cov-
ered 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 organiza-
tion under this subsection— 
‘‘(i) in the case of the first report filed 
by a covered organization under this sub-
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section 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 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). 
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‘‘(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. 
‘‘(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 defined 
in section 301(22)).’’. 
(b) ELECTIONEERING COMMUNICATION REPORTS.— 
(1) IN GENERAL.—Section 304(f) of such Act (2 
U.S.C. 434(f)) is amended— 
(A) by redesignating paragraphs (6) and 
(7) as paragraphs (7) and (8); and 
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(B) by inserting after paragraph (5) the 
end the following new paragraph: 
‘‘(6) DISCLOSURE OF ADDITIONAL INFORMATION 
BY COVERED ORGANIZATIONS.— 
‘‘(A) ADDITIONAL INFORMATION.—If a cov-
ered organization files a statement under this 
subsection, the statement shall include, in addi-
tion to the information required under para-
graph (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 re-
sponse 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 aggregate 
amount of donations or payments 
made by such persons during such pe-
riod (with the identification of the per-
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son 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 cam-
paign-related activity with respect to a 
specific election or in support of a spe-
cific candidate, the name of the elec-
tion or candidate involved, and if any 
such person designated that the dona-
tion or payment be used for a specific 
electioneering communication, a de-
scription 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-
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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 made 
by the organization for all of the elec-
tioneering communications which are 
covered by the statement were made ex-
clusively from the organization’s Cam-
paign-Related Activity Account under 
section 326 (but only if the organiza-
tion 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 
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subsection (including the requirement under 
subparagraph (A) to include additional in-
formation in such statements), a covered or-
ganization which transfers amounts to an-
other person (other than the covered organi-
zation itself) for the purpose of making an 
electioneering communication by that per-
son or by any other person, or (in accord-
ance with clause (ii)) which is deemed to 
have transferred amounts to another person 
(other than the covered organization itself) 
for the purpose of making an electioneering 
communication by that person or by any 
other person, shall be considered to have 
made a disbursement for an electioneering 
communication. 
‘‘(ii) RULES FOR DEEMING TRANSFERS 
MADE
FOR
PURPOSE
OF
MAKING
COMMU-
NICATIONS.—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: 
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‘‘(I) The person shall be deemed to 
have transferred the amounts for the 
purpose of making an electioneering 
communication if— 
‘‘(aa) the person designates, 
requests, or suggests that the 
amounts be used for electioneering 
communications and the person to 
whom the amounts were trans-
ferred agrees to do so or does so; 
‘‘(bb) the person making the 
electioneering communication or 
another person acting on that per-
son’s behalf expressly solicited the 
person for a donation or payment 
for making or paying for any 
electioneering communications; 
‘‘(cc) the person and the per-
son to whom the amounts were 
transferred engaged in substantial 
written or oral discussion regard-
ing the person either making, or 
donating or paying for, any elec-
tioneering communications; 
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‘‘(dd) the person or the per-
son to whom the amounts were 
transferred knew or had reason to 
know of the covered organization’s 
intent to make electioneering com-
munications; or 
‘‘(ee) the person or the person 
to whom the amounts were trans-
ferred made an electioneering 
communication during the 2-year 
period which ends on the date on 
which the amounts were trans-
ferred. 
‘‘(II) The person shall not be con-
sidered to have transferred the amounts 
for the purpose of making an election-
eering communication if the transfer 
was a commercial transaction occur-
ring in the ordinary course of business 
between the person and the person to 
whom the amounts were transferred, 
unless there is affirmative evidence 
that the amounts were transferred for 
the purpose of making an election-
eering communication. 
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‘‘(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 de-
scribed 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 elec-
tion, 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 ex-
penditures consisting of a public commu-
nication). 
‘‘(D) COVERED ORGANIZATION REPORTING 
PERIOD
DESCRIBED.—In this paragraph, the 
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‘covered organization reporting period’ is, with 
respect to a statement filed by a covered organi-
zation 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 on 
the disclosure date for the statement, 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 state-
ment filed by the organization which in-
cludes such information. 
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‘‘(E) 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 
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. 
‘‘(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 strik-
ing ‘‘If the disbursements’’ each place it appears in 
subparagraph (E) and (F) and inserting the fol-
lowing: ‘‘Except in the case of a statement which is 
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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: 
‘‘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 ACTIV-
ITY.— 
‘‘(1) IN GENERAL.—Subject to any applicable re-
strictions and prohibitions under this Act, a covered 
organization may make disbursements for campaign- 
related activity using— 
‘‘(A) amounts paid or donated to the orga-
nization which are designated by the person pro-
viding the amounts to be used for campaign-re-
lated activity; 
‘‘(B) unrestricted donor payments made to 
the organization; and 
‘‘(C) other funds of the organization, includ-
ing amounts received pursuant to commercial 
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activities in the regular course of a covered orga-
nization’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). 
‘‘(b) MUTUALLY AGREED RESTRICTIONS ON USE OF 
FUNDS FOR CAMPAIGN-RELATED ACTIVITY.— 
‘‘(1) AGREEMENT AND CERTIFICATION.—If a cov-
ered organization and a person mutually agree, at the 
time the person makes a donation, payment, or trans-
fer to the organization which would require the orga-
nization to disclose the person’s identification under 
section 304(g)(5)(A)(ii) or section 304(f)(6)(A)(ii), 
that the organization will not use the donation, pay-
ment, or transfer for campaign-related activity, then 
not later than 30 days after the organization receives 
the donation, payment, or transfer the organization 
shall transmit to the person a written certification by 
the chief financial officer of the covered organization 
(or, if the organization does not have a chief financial 
officer, the highest ranking financial official of the or-
ganization) that— 
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‘‘(A) the organization will not use the dona-
tion, 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 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 reg-
ular course of a covered organization’s business. 
‘‘(c) CERTIFICATIONS REGARDING DISBURSEMENTS 
FOR CAMPAIGN-RELATED ACTIVITY.— 
‘‘(1) CERTIFICATION BY CHIEF EXECUTIVE OFFI-
CER.—If, at any time during a calendar quarter, a 
covered organization makes a disbursement of funds 
for campaign-related activity using funds described 
in subsection (a)(1), the chief executive officer of the 
covered organization or the chief executive officer’s 
designee (or, if the organization does not have a chief 
VerDate Mar 15 2010 
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executive officer, the highest ranking official of the or-
ganization or the highest ranking official’s designee) 
shall file a statement with the Commission which con-
tains 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 polit-
ical 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 dis-
bursement made during the quarter. 
‘‘(C) Each statement and report filed by the 
organization under section 304 with respect to 
any such disbursement made during the quarter 
is complete and accurate. 
‘‘(D) All such disbursements made during 
the quarter are in compliance with this Act. 
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‘‘(E) No portion of the amounts used to 
make any such disbursements during the quarter 
is attributable to funds received by the organiza-
tion that were restricted by the person who pro-
vided 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 quar-
ter 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). 
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‘‘(C) Any organization described in para-
graph (4), (5), or (6) of section 501(c) of the In-
ternal Revenue Code of 1986 and exempt from 
tax under section 501(a) of such Code. 
‘‘(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-re-
lated 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 (other than the 
transferor itself) for the purpose of making 
such an independent expenditure by that 
person or by any other person, or (in ac-
cordance with subparagraph (B)) a transfer 
of funds to another person (other than the 
transferor itself) which is deemed to have 
been made for the purpose of making such 
an independent expenditure by that person 
or by any other person; or 
‘‘(ii) an electioneering communication, 
a transfer of funds to another person (other 
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than the transferor itself) for the purpose of 
making an electioneering communication by 
that person or by any other person, or (in 
accordance with subparagraph (B)) a trans-
fer of funds to another person (other than 
the transferor itself)which is deemed to have 
been made for the purpose of making an 
electioneering communication by that per-
son or by any other person. 
‘‘(B) RULE FOR DEEMING TRANSFERS MADE 
FOR
PURPOSE
OF
CAMPAIGN-RELATED
ACTIV-
ITY.—For purposes of subparagraph (A), in de-
termining whether a transfer of funds by one 
person to another person shall be deemed to have 
been made for the purpose of making an inde-
pendent expenditure consisting of a public com-
munication 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 elec-
tioneering communication if— 
‘‘(I) the person designates, re-
quests, or suggests that the amounts be 
used for such independent expenditures 
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or electioneering communications and 
the person to whom the amounts were 
transferred agrees to do so or does so; 
‘‘(II) the person making such 
independent expenditures or election-
eering communications or another per-
son acting on that person’s behalf ex-
pressly solicited the person for a dona-
tion or payment for making or paying 
for any such independent expenditure 
or electioneering communication; 
‘‘(III) the person and the person 
to whom the amounts were transferred 
engaged in substantial written or oral 
discussion regarding the person either 
making, or donating or paying for, 
such independent expenditures or elec-
tioneering communications; 
‘‘(IV) the person or the person to 
whom the amounts were transferred 
knew or had reason to know of the cov-
ered organization’s intent to disburse 
funds for such independent expendi-
tures or electioneering communications; 
or 
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‘‘(V) the person or the person to 
whom the amounts were transferred 
made such an independent expenditure 
or electioneering communication dur-
ing the 2-year period which ends on 
the date on which the amounts were 
transferred. 
‘‘(ii) The transfer shall not be deemed 
to have been made for the purpose of mak-
ing 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, unless there is affirmative 
evidence that the amounts were transferred 
for the purpose of making such an inde-
pendent expenditure or electioneering com-
munication. 
‘‘(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 or-
ganization, except that such term does not include— 
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‘‘(A) any payment made pursuant to com-
mercial activities in the regular course of a cov-
ered organization’s business; or 
‘‘(B) any donation or payment which is 
designated by the person making the donation or 
payment to be used for campaign-related activity 
or made in response to a solicitation for funds 
to be used for campaign-related activity.’’. 
SEC. 213. OPTIONAL USE OF SEPARATE ACCOUNT BY 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 covered 
organization may make disbursements for cam-
paign-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 
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hsrobinson on DSK69SOYB1PROD with BILLS
referred to as the ‘Account’), which shall be 
maintained separately from all other accounts of 
the organization and which shall consist exclu-
sively of the deposits described in paragraph (2). 
‘‘(B) MANDATORY USE OF ACCOUNT AFTER 
ESTABLISHMENT.—If a covered organization es-
tablishes an Account under this section, it may 
not make disbursements for campaign-related ac-
tivity 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 disburse-
ments 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 de-
scribed in this paragraph are deposits of the following 
amounts: 
‘‘(A) Amounts donated or paid to the cov-
ered organization by a person other than the or-
ganization for the purpose of being used for cam-
paign-related activity, and for which the person 
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providing the amounts has designated that the 
amounts be used for campaign-related activity 
with respect to a specific election or specific can-
didate. 
‘‘(B) Amounts donated or paid to the cov-
ered organization by a person other than the or-
ganization for the purpose of being used for cam-
paign-related activity, and for which the person 
providing the amounts has not designated that 
the amounts be used for campaign-related activ-
ity with respect to a specific election or specific 
candidate. 
‘‘(C) Amounts donated or paid to the cov-
ered organization by a person other than the or-
ganization 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 organiza-
tion’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 admin-
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hsrobinson on DSK69SOYB1PROD with BILLS
istration of a political committee for any purpose of 
this Act. 
‘‘(b) REDUCTION IN AMOUNTS OTHERWISE AVAILABLE 
FOR ACCOUNT IN RESPONSE TO DEMAND OF GENERAL DO-
NORS.— 
‘‘(1) IN
GENERAL.—If a covered organization 
which has established an Account obtains any reve-
nues during a year which are attributable to a dona-
tion 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 ac-
tivity, 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 com-
mercial activities in the regular course of a covered 
organization’s business. 
‘‘(c) COVERED ORGANIZATION DEFINED.—In this sec-
tion, the term ‘covered organization’ means any of the fol-
lowing: 
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‘‘(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-
enue Code of 1986 and exempt from tax under section 
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 ‘campaign-related activity’ has the 
meaning 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 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 com-
munications expressly advocating the election or defeat of 
a clearly identified candidate’’ and inserting ‘‘for an inde-
pendent expenditure consisting of a public communica-
tion’’. 
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(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 insert-
ing ‘‘subsection (a) which is paid for by a polit-
ical committee (including a political committee 
of a political party), other than a political com-
mittee which makes only electioneering commu-
nications or independent expenditures consisting 
of public communications,’’; 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 be-
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cause the communication is paid for by a political 
committee, including a political committee of a polit-
ical party, other than a political committee which 
makes only electioneering communications or inde-
pendent expenditures consisting of public communica-
tions) 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 com-
munication 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 dis-
closure statement described in paragraph (4) (if 
applicable), unless, on the basis of criteria estab-
lished in regulations promulgated by the Com-
mission, the communication is of such short du-
ration that including the statement in the com-
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munication would constitute a hardship to the 
person paying for the communication by requir-
ing a disproportionate amount of the commu-
nication’s content to consist of the statement. 
‘‘(C) 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 Top Five Funders list 
described in paragraph (5) (if applicable), un-
less, on the basis of criteria established in regula-
tions promulgated by the Commission, the com-
munication is of such short duration that includ-
ing the Top Five Funders list in the communica-
tion 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 DE-
SCRIBED.—The individual disclosure statement de-
scribed in this paragraph is the following: ‘I am 
lllllll, and I approve this message.’, with 
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the blank filled in with the name of the applicable in-
dividual. 
‘‘(3) ORGANIZATIONAL DISCLOSURE STATEMENT 
DESCRIBED.—The organizational disclosure statement 
described in this paragraph is the following: ‘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.— 
‘‘(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-re-
lated activity under section 325 is an indi-
vidual, the significant funder disclosure state-
ment described in this paragraph is the fol-
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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 cam-
paign-related activity under section 325 is not 
an individual, the significant funder disclosure 
statement described in this paragraph is the fol-
lowing: 
‘I 
am 
lllllll, 
the 
lllllll 
of 
lllllll. 
lllllll helped to pay for this message, 
and lllllll 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 sig-
nificant funder of the communication. 
‘‘(C) SIGNIFICANT FUNDER DEFINED.— 
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(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 Sen-
ate 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 Dele-
gate 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 chal-
lenge the constitutionality of any provision of this Act or 
any amendment made by this Act. 
SEC. 402. 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 unconstitu-
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