1.Short title; table of
contents
(a)This Act may be cited
as the Democracy is Strengthened by
Casting Light on Spending in Elections Act
or the
DISCLOSE
Act
.
(b)The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Title I—Regulation of Certain Political Spending
Sec. 101. Prohibiting independent expenditures and
electioneering communications by government contractors.
Sec. 102. Application of ban on contributions and expenditures
by foreign nationals to foreign-controlled domestic corporations.
Sec. 103. Treatment of payments for coordinated communications
as contributions.
Sec. 104. Treatment of political party communications made on
behalf of candidates.
Sec. 105. Restriction on internet communications treated as
public communications.
Title II—Promoting Effective Disclosure of Campaign-Related
Activity
Subtitle A—Treatment of Independent Expenditures and
Electioneering Communications Made by All Persons
Sec. 201. Independent expenditures.
Sec. 202. Electioneering communications.
Sec. 203. Mandatory electronic filing by persons making
independent expenditures or electioneering communications exceeding $10,000 at
any time.
Subtitle B—Expanded Requirements for Corporations and Other
Organizations
Sec. 211. Additional information required to be included in
reports on disbursements by covered organizations.
Sec. 212. Rules regarding use of general treasury funds by
covered organizations for campaign-related activity.
Sec. 213. Optional use of separate account by covered
organizations for campaign-related activity.
Sec. 214. Modification of rules relating to disclaimer
statements required for certain communications.
Sec. 215. Indexing of certain amounts.
Subtitle C—Reporting Requirements for Registered
Lobbyists
Sec. 221. Requiring registered lobbyists to report information
on independent expenditures and electioneering communications.
Title III—Disclosure by Covered Organizations of Information on
Campaign-Related Activity
Sec. 301. Requiring disclosure by covered organizations of
information on campaign-related activity.
Title IV—Other Provisions
Sec. 401. Judicial review.
Sec. 402. No Effect on Protections Against Threats,
Harassments, and Reprisals.
Sec. 403. Severability.
Sec. 404. Effective date.
<enum>I</enum><header>Regulation of
Certain Political Spending</header>
<section id="H491361F141F141D0AB1FD446B58E6273"><enum>101.</enum><header>Prohibiting
independent expenditures and electioneering communications by government
contractors</header>
<subsection id="HCAD6019D3E38479F8042502F10585F57"><enum>(a)</enum><header>Prohibition
Applicable to Government Contractors</header>
<paragraph id="H53B5D12319DA40BB8658DA1F92085CCA"><enum>(1)</enum><header>Prohibition</header>
<subparagraph id="H37E4B3DEDB834C319E0AA7D92D28BA67"><enum>(A)</enum><header>In
general</header><text>Section 317(a)(1) of the Federal Election Campaign Act of
1971 (<external-xref legal-doc="usc" parsable-cite="usc/2/441c">2 U.S.C.
441c(a)(1)</external-xref>) is amended by striking <quote>purpose or use;
or</quote> and inserting the following: <quote>purpose or use, to make any
independent expenditure, or to disburse any funds for an electioneering
communication; or</quote>.</text>
</subparagraph><subparagraph id="HA607DDE5B9C143D385E95B1E6EED33A1"><enum>(B)</enum><header>Conforming
amendment</header><text>The heading of section 317 of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/441c">2 U.S.C. 441c</external-xref>) is
amended by striking <quote><header-in-text level="section" other-style="archaic" style="other">contributions</header-in-text></quote> and
inserting <quote><header-in-text level="section" other-style="archaic" style="other">contributions, independent expenditures, and electioneering
communications</header-in-text></quote>.</text>
</subparagraph></paragraph><paragraph id="H1CDEF611CFAE47818A2EF8AA8103F224"><enum>(2)</enum><header>Threshold for
application of ban</header><text>Section 317 of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/441c">2 U.S.C. 441c</external-xref>) is
amended—</text>
<subparagraph id="H77B8AB6E30A9456592FDF0B04A427F06"><enum>(A)</enum><text>by redesignating
subsections (b) and (c) as subsections (c) and (d); and</text>
</subparagraph><subparagraph id="H331BD756A5544E0C8F8BF02EA715A4C0"><enum>(B)</enum><text>by inserting after
subsection (a) the following new subsection:</text>
<quoted-block display-inline="no-display-inline" id="HD0A6D8B677D646B1B031C9363668A793" style="OLC">
<subsection id="HC2B723DF526C4C5692070BFE3AA7CE75"><enum>(b)</enum><text display-inline="yes-display-inline">To the extent that subsection (a)(1)
prohibits a person who enters into a contract described in such subsection from
making any independent expenditure or disbursing funds for an electioneering
communication, such subsection shall apply only if the value of the contract is
equal to or greater than
$10,000,000.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subparagraph></paragraph></subsection><subsection id="H9418147D024842DABCCEE3F804E09294"><enum>(b)</enum><header>Application to
recipients of assistance under troubled asset program</header><text>Section
317(a) of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/441c">2
U.S.C. 441c(a)</external-xref>) is amended—</text>
<paragraph id="H42949E16B3524B5E96892FA845762EF8"><enum>(1)</enum><text>by striking
<quote>or</quote> at the end of paragraph (1);</text>
</paragraph><paragraph id="HB42E55F7FC2142E1B8574E6C69F022C0"><enum>(2)</enum><text>by redesignating
paragraph (2) as paragraph (3); and</text>
</paragraph><paragraph id="H5329DE6E3968438B986A73537898EC75"><enum>(3)</enum><text>by inserting after
paragraph (1) the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="H56F35766957848D9A7E259DCA7F3DC4A" style="OLC">
<paragraph id="H8F7DC77CAA9345588491FAF8BC2A9E4A"><enum>(2)</enum><text display-inline="yes-display-inline">who enters into negotiations for financial
assistance under title I of the Emergency Economic Stabilization Act of 2008
(<external-xref legal-doc="usc" parsable-cite="usc/12/5211">12 U.S.C. 5211 et
seq.</external-xref>) (relating to the purchase of troubled assets by the
Secretary of the Treasury), during the period—</text>
<subparagraph id="H37585286EDF44829B87E82548C0C6E5C"><enum>(A)</enum><text display-inline="yes-display-inline">beginning on the later of the commencement
of the negotiations or the date of the enactment of the Democracy is
Strengthened by Casting Light on Spending in Elections Act; and</text>
</subparagraph><subparagraph id="H961049362C0B4F2CA04558EECFC9D157"><enum>(B)</enum><text>ending with the
later of the termination of such negotiations or the repayment of such
financial assistance;</text>
</subparagraph><continuation-text continuation-text-level="paragraph">directly
or indirectly to make any contribution of money or other things of value, or to
promise expressly or impliedly to make any such contribution to any political
party, committee, or candidate for public office or to any person for any
political purpose or use, to make any independent expenditure, or to disburse
any funds for an electioneering communication;
or</continuation-text></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="H3D6AAFFA62704339B2C92CA4DE74CC20"><enum>(c)</enum><header>Application to
persons holding leases for drilling in Outer Continental
Shelf</header><text>Section 317(a) of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/441c">2 U.S.C. 441c(a)</external-xref>) is amended—</text>
<paragraph id="HD43D3DD7AD0A47C0A447821677C7BF9E"><enum>(1)</enum><text>by striking
<quote>or</quote> at the end of paragraph (1);</text>
</paragraph><paragraph id="HB7E34DE79D9C4369BA6420A644553DEC"><enum>(2)</enum><text>by redesignating
paragraph (2) as paragraph (3); and</text>
</paragraph><paragraph id="H0E366DFB5FBF4078BB3A62D53046D7C9"><enum>(3)</enum><text>by inserting after
paragraph (1) the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="H02BA02E944E746A2A86F04E19A5B7B49" style="OLC">
<paragraph id="H3BE0B0BF13CF4C33B04436AF77B558F2"><enum>(2)</enum><text display-inline="yes-display-inline">who enters into negotiations for a lease
for exploration for, and development and production of, oil and gas under the
Outer Continental Shelf Lands Act (<external-xref legal-doc="usc" parsable-cite="usc/43/1331">43 U.S.C. 1331 et
seq.</external-xref>), during the period—</text>
<subparagraph id="H7B63F588DFEE4F06A47A1D49713EE059"><enum>(A)</enum><text display-inline="yes-display-inline">beginning on the later of the commencement
of the negotiations or the date of the enactment of the Democracy is
Strengthened by Casting Light on Spending in Elections Act; and</text>
</subparagraph><subparagraph id="HB08C1F8319F84726A0CA793339C729FB"><enum>(B)</enum><text>ending with the
later of the termination of such negotiations or the termination of such lease;</text>
</subparagraph><continuation-text continuation-text-level="paragraph">directly
or indirectly to make any contribution of money or other things of value, or to
promise expressly or impliedly to make any such contribution to any political
party, committee, or candidate for public office or to any person for any
political purpose or use, to make any independent expenditure, or to disburse
any funds for an electioneering communication;
or</continuation-text></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="H78A7AA690E074233A841675BC8EB3A53"><enum>(d)</enum><header>Technical
amendment</header><text display-inline="yes-display-inline">Section 317 of such
Act (<external-xref legal-doc="usc" parsable-cite="usc/2/441c">2 U.S.C.
441c</external-xref>) is amended by striking <quote>section 321</quote> each
place it appears and inserting <quote>section 316</quote>.</text>
</subsection></section><section id="H5E49EBE466F74826956E4C16B0E3861F"><enum>102.</enum><header>Application of
ban on contributions and expenditures by foreign nationals to
foreign-controlled domestic corporations</header>
<subsection id="HC9BD413BE40D41C5AF61FA160884F27C"><enum>(a)</enum><header>Application of
ban</header><text display-inline="yes-display-inline">Section 319(b) of the
Federal Election Campaign Act of 1971 (<external-xref legal-doc="usc" parsable-cite="usc/2/441e">2 U.S.C. 441e(b)</external-xref>) is amended—</text>
<paragraph id="H7195DB900AF145DBAD0E85EB8799642A"><enum>(1)</enum><text>by striking
<quote>or</quote> at the end of paragraph (1);</text>
</paragraph><paragraph id="H8E93E473A8E4472186FBF495208142F0"><enum>(2)</enum><text>by striking the
period at the end of paragraph (2) and inserting <quote>; or</quote>;
and</text>
</paragraph><paragraph id="H97FD71D30F8E4DDB832DDE89AB404803"><enum>(3)</enum><text>by adding at the
end the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="HB5A1F426D45F4A94AD5F8B02FD602378" style="OLC">
<paragraph id="H28B2190A623E40D1AF49A74F7054B05C"><enum>(3)</enum><text>any corporation
which is not a foreign national described in paragraph (1) and—</text>
<subparagraph id="H6FA4C6F47C524768A897700E9F8B6E61"><enum>(A)</enum><text>in which a foreign
national described in paragraph (1) or (2) directly or indirectly owns or
controls—</text>
<clause id="HB9170EAADBBC495A9E7224A2AFD9DA0B"><enum>(i)</enum><text>5
percent or more of the voting shares, if the foreign national is a foreign
country, a foreign government official, or a corporation principally owned or
controlled by a foreign country or foreign government official; or</text>
</clause><clause id="HDAD237E5C4FB477CB4FF93CCCE221308"><enum>(ii)</enum><text>20 percent or
more of the voting shares, if the foreign national is not described in clause
(i);</text>
</clause></subparagraph><subparagraph id="H2F518D6D87AD4ABD9097FC5440AB5CAD"><enum>(B)</enum><text>in which two or
more foreign nationals described in paragraph (1) or (2), each of whom owns or
controls at least 5 percent of the voting shares, directly or indirectly own or
control 50 percent or more of the voting shares;</text>
</subparagraph><subparagraph display-inline="no-display-inline" id="H152D2F5480C543798FA0DF7C648D428B"><enum>(C)</enum><text>with respect to
which the majority of the members of the board of directors are foreign
nationals described in paragraph (1) or (2);</text>
</subparagraph><subparagraph id="H9F08585FD0E9446AB3F0DD382A821DD5"><enum>(D)</enum><text>over which one or
more foreign nationals described in paragraph (1) or (2) has the power to
direct, dictate, or control the decision-making process of the corporation with
respect to its interests in the United States; or</text>
</subparagraph><subparagraph id="H934FD4A83E244B068154810D203ABDF9"><enum>(E)</enum><text>over which one or
more foreign nationals described in paragraph (1) or (2) has the power to
direct, dictate, or control the decision-making process of the corporation with
respect to activities in connection with a Federal, State, or local election,
including—</text>
<clause id="HE728FE50B112456FBC87C1CB140014D8"><enum>(i)</enum><text>the making of a
contribution, donation, expenditure, independent expenditure, or disbursement
for an electioneering communication (within the meaning of section 304(f)(3));
or</text>
</clause><clause id="H45953A8FC44A4F7588E0A1C9B6C6BE0B"><enum>(ii)</enum><text>the
administration of a political committee established or maintained by the
corporation.</text>
</clause></subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="HE0EECDFCD4514E4EBD94E17FE9B396B6"><enum>(b)</enum><header>Certification of
Compliance</header><text>Section 319 of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/441e">2 U.S.C. 441e</external-xref>) is
amended by adding at the end the following new subsection:</text>
<quoted-block display-inline="no-display-inline" id="H107DAA5ECEEE46CDBB6E7960C30B8524" style="OLC">
<subsection id="H8A6A3A841A6D4122B693AA4D33DC2C34"><enum>(c)</enum><header>Certification of
compliance required prior to carrying out activity</header><text display-inline="yes-display-inline">Prior
to the making in connection with an election for Federal office of any
contribution, donation, expenditure, independent expenditure, or disbursement
for an electioneering communication by a corporation during a year, the chief
executive officer of the corporation (or, if the corporation does not have a
chief executive officer, the highest ranking official of the corporation),
shall file a certification with the Commission, under penalty of perjury, that
the corporation is not prohibited from carrying out such activity under
subsection (b)(3), unless the chief executive officer has previously filed such
a certification during the year. Nothing in this subsection shall be construed
to apply to any contribution, donation, expenditure, independent expenditure,
or disbursement from a separate segregated fund established and administered by
a corporation under section
316(b)(2)(C).</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection display-inline="no-display-inline" id="H6A0B087FCE6C4C1C91499A38E81418E5"><enum>(c)</enum><header>No Effect on
Certain Activities of Domestic Corporations</header><text display-inline="yes-display-inline">Section 319 of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/441e">2 U.S.C. 441e</external-xref>), as
amended by subsection (b), is further amended by adding at the end the
following new subsection:</text>
<quoted-block display-inline="no-display-inline" id="HEC024D5C492345D6B092D2538538F0A8" style="OLC">
<subsection id="H3D24B107F57B4B9F9846EAE87BA8FCC7"><enum>(d)</enum><header>No Effect on
Certain Activities of Domestic Corporations</header>
<paragraph id="H5D12CA70E7D44205BDBF5CF29BF51AD9"><enum>(1)</enum><header>Separate
segregated funds</header><text>Nothing in this section shall be construed to
prohibit any corporation which is not a foreign national described in paragraph
(1) of subsection (b) from establishing, administering, and soliciting
contributions to a separate segregated fund under section 316(b)(2)(C), so long
as none of the amounts in the fund are provided by any foreign national
described in paragraph (1) or (2) of subsection (b) and no foreign national
described in paragraph (1) or (2) of subsection (b) has the power to direct,
dictate, or control the establishment or administration of the fund.</text>
</paragraph><paragraph id="H87A0BDED7A894330B57FD47BF21C7D6B"><enum>(2)</enum><header>State and local
elections</header><text display-inline="yes-display-inline">Nothing in this
section shall be construed to prohibit any corporation which is not a foreign
national described in paragraph (1) of subsection (b) from making a
contribution or donation in connection with a State or local election to the
extent permitted under State or local law, so long as no foreign national
described in paragraph (1) or (2) of subsection (b) has the power to direct,
dictate, or control such contribution or donation.</text>
</paragraph><paragraph id="HA4377BD1CBE94C368FE3FE8F1EF22704"><enum>(3)</enum><header>Other
permissible corporate contributions and expenditures</header><text display-inline="yes-display-inline">Nothing in this section shall be construed
to prohibit any corporation which is not a foreign national described in
paragraph (1) of subsection (b) from carrying out any activity described in
subparagraph (A) or (B) of section 316(b)(2), so long as none of the amounts
used to carry out the activity are provided by any foreign national described
in paragraph (1) or (2) of subsection (b) and no foreign national described in
paragraph (1) or (2) of subsection (b) has the power to direct, dictate, or
control such
activity.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="HD86ABB3187CC4E239C5EEE9846AE3262"><enum>(d)</enum><header>No Effect on
Other Laws</header><text>Section 319 of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/441e">2 U.S.C. 441e</external-xref>), as
amended by subsections (b) and (c), is further amended by adding at the end the
following new subsection:</text>
<quoted-block display-inline="no-display-inline" id="HE47905CDBFDF459DB45159AD60BA2268" style="OLC">
<subsection id="HBFC8C46C2CE142F1980923485B98945E"><enum>(e)</enum><header>No Effect on
Other Laws</header><text display-inline="yes-display-inline">Nothing in this
section shall be construed to affect the determination of whether a corporation
is treated as a foreign national for purposes of any law other than this
Act.</text>
</subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section display-inline="no-display-inline" id="HA1659289F7E34183BA8B9746700B7A1E" section-type="subsequent-section"><enum>103.</enum><header>Treatment of
payments for coordinated communications as contributions</header>
<subsection id="H9EDD13BA316B4EADA749B167F9473E67"><enum>(a)</enum><header>In
general</header><text>Section 301(8)(A) of the Federal Election Campaign Act of
1971 (<external-xref legal-doc="usc" parsable-cite="usc/2/431">2 U.S.C.
431(8)(A)</external-xref>) is amended—</text>
<paragraph id="HFD904034603345ED9B02A98E2F15DB92"><enum>(1)</enum><text>by striking
<quote>or</quote> at the end of clause (i);</text>
</paragraph><paragraph id="H60B864D84AAB472684529A154C81FC48"><enum>(2)</enum><text>by striking the
period at the end of clause (ii) and inserting <quote>; or</quote>; and</text>
</paragraph><paragraph id="HEEC2E9E839784BF1AD20A4B36810DCEE"><enum>(3)</enum><text>by adding at the
end the following new clause:</text>
<quoted-block display-inline="no-display-inline" id="HCFFA39BBC4DB4163BBA9B7824A3E71DF" style="OLC">
<clause id="HBFAED89F4666480285825D3D49480F0F" indent="up1"><enum>(iii)</enum><text>any payment made by any person
(other than a candidate, an authorized committee of a candidate, or a political
committee of a political party) for a coordinated communication (as determined
under section
324).</text>
</clause><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="HB6EC4D473C0644A39C592B3129672270"><enum>(b)</enum><header>Coordinated
communications described</header><text>Section 324 of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/441k">2 U.S.C. 441k</external-xref>) is
amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H8C3F8DDDBFF34920866C9A682F58C220" style="OLC">
<section id="H3B61885645F14A1AB19D1B346F2C6914"><enum>324.</enum><header>Coordinated
communications</header>
<subsection id="HF867083724944AEBAE2CBE6B3077B3D6"><enum>(a)</enum><header>Coordinated
Communications Defined</header>
<paragraph id="H7AC0AF7326FA4782BFD09045304A2872"><enum>(1)</enum><header>In
general</header><text>For purposes of this Act, the term <term>coordinated
communication</term> means—</text>
<subparagraph id="H9CE5DA676F864C0CA3B541FD19CAF438"><enum>(A)</enum><text display-inline="yes-display-inline">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</text>
</subparagraph><subparagraph id="H23BF77D8655847E99BC402C13A83AED7"><enum>(B)</enum><text display-inline="yes-display-inline">any communication that republishes,
disseminates, or distributes, in whole or in part, any broadcast or any
written, graphic, or other form of campaign material prepared by a candidate,
an authorized committee of a candidate, or their agents.</text>
</subparagraph></paragraph><paragraph display-inline="no-display-inline" id="H3A1EE22517E64E3789A05F8D901A882F"><enum>(2)</enum><header>Exception</header><text>The
term <term>coordinated communication</term> does not include—</text>
<subparagraph id="H0922548A7FC749DE99A41819AB55D9FF"><enum>(A)</enum><text>a communication
appearing in a news story, commentary, or editorial distributed through the
facilities of any broadcasting station, newspaper, magazine, or other
periodical publication, unless such facilities are owned or controlled by any
political party, political committee, or candidate; or</text>
</subparagraph><subparagraph id="HF1C7214D7A3A476CA6215EAFB3CD59AA"><enum>(B)</enum><text display-inline="yes-display-inline">a communication which constitutes a
candidate debate or forum conducted pursuant to the regulations adopted by the
Commission to carry out section 304(f)(3)(B)(iii), or which solely promotes
such a debate or forum and is made by or on behalf of the person sponsoring the
debate or forum.</text>
</subparagraph></paragraph></subsection><subsection id="H74E3396CFBAC4099A4697DF7250C9D12"><enum>(b)</enum><header>Covered
communication defined</header>
<paragraph id="H52F55F2A909C4348A2F97BA76D1CE638"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">Except as provided in
paragraph (4), for purposes of this subsection, the term <term>covered
communication</term> means, for purposes of the applicable election period
described in paragraph (2) and with respect to the coordinated communication
involved, a public communication (as defined in section 301(22)) that refers to
the candidate described in subsection (a)(1)(A) or an opponent of such
candidate and is publicly distributed or publicly disseminated during such
period.</text>
</paragraph><paragraph id="H16806E7B6B4740339B0A755CDA1D3A87"><enum>(2)</enum><header>Applicable
election period</header><text>For purposes of paragraph (1), the
<quote>applicable election period</quote> with respect to a communication
means—</text>
<subparagraph id="H1DF5F1D0C5794736ADBA418D533641F3"><enum>(A)</enum><text>in the case of a
communication which refers to a candidate for the office of President or Vice
President, the period—</text>
<clause id="H4C016131A21644F7BA96D5819D96E23F"><enum>(i)</enum><text>beginning with the
date that is 120 days before the date of the first primary election, preference
election, or nominating convention for nomination for the office of President
which is held in any State; and</text>
</clause><clause id="H4E3EB2B6E0FA42B8B17C7BFFA9D830E2"><enum>(ii)</enum><text>ending with the
date of the general election for such office; or</text>
</clause></subparagraph><subparagraph id="HF3B451713D7248CEB2CD2288763B43FE"><enum>(B)</enum><text>in the case of a
communication which refers to a candidate for any other Federal office, the
period—</text>
<clause id="HFAA470983CFB4046B2650FD758BFE02C"><enum>(i)</enum><text>beginning with the
date that is 90 days before the earliest of the primary election, preference
election, or nominating convention with respect to the nomination for the
office that the candidate is seeking; and</text>
</clause><clause id="H17FF21DECCAB43F3BDE57AC5B0767F3B"><enum>(ii)</enum><text display-inline="yes-display-inline">ending with the date of the general
election for such office.</text>
</clause></subparagraph></paragraph><paragraph display-inline="no-display-inline" id="HB83DD541E4854BA0B96191800027C669"><enum>(3)</enum><header>Special rule for
public distribution of communications involving Congressional
candidates</header><text display-inline="yes-display-inline">For purposes of
paragraph (1), in the case of a communication involving a candidate for an
office other than President or Vice President, the communication shall be
considered to be publicly distributed or publicly disseminated only if the
dissemination or distribution occurs in the jurisdiction of the office that the
candidate is seeking.</text>
</paragraph></subsection><subsection display-inline="no-display-inline" id="H85B84210883E4E0982441C6BB071F347"><enum>(c)</enum><header>No finding of
coordination based solely on sharing of information regarding legislative or
policy position</header><text display-inline="yes-display-inline">For purposes
of subsection (a)(1), a covered communication shall not be considered to be
made in cooperation, consultation, or concert with, or at the request or
suggestion of, a candidate, an authorized committee of a candidate, or a
political committee of a political party solely on the grounds that a person or
an agent thereof engaged in discussions with to the candidate or committee
regarding that person’s position on a legislative or policy matter (including
urging the candidate or party to adopt that person’s position), so long as
there is no discussion between the person and the candidate or committee
regarding the candidate’s campaign plans, projects, activities, or
needs.</text>
</subsection><subsection display-inline="no-display-inline" id="H31C9CAEA687444B69ED32362D65D94AD"><enum>(d)</enum><header>Preservation of
Certain Safe Harbors and Firewalls</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection commented="no" id="HB63B624F3A9D4EFA824CD05D57D9B314"><enum>(e)</enum><header>Treatment of
coordination with political parties for communications referring to
candidates</header><text display-inline="yes-display-inline">For purposes of
this section, if a communication which refers to any clearly identified
candidate or candidates of a political party or any opponent of such a
candidate or candidates is determined to have been made in cooperation,
consultation, or concert with or at the request or suggestion of a political
committee of the political party but not in cooperation, consultation, or
concert with or at the request or suggestion of such clearly identified
candidate or candidates, the communication shall be treated as having been made
in cooperation, consultation, or concert with or at the request or suggestion
of the political committee of the political party but not with or at the
request or suggestion of such clearly identified candidate or
candidates.</text>
</subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="H9FDF026E88F24E919D0BB2720CCE0B05"><enum>(c)</enum><header>Effective
Date</header>
<paragraph id="H459405A3219049B7AB97D82FDD39F2FC"><enum>(1)</enum><header>In
general</header><text>This section and the amendments made by this section
shall apply with respect to payments made on or after the expiration of the
30-day period which begins on the date of the enactment of this Act, without
regard to whether or not the Federal Election Commission has promulgated
regulations to carry out such amendments.</text>
</paragraph><paragraph id="H17C19938797E4558839D997E129449C1"><enum>(2)</enum><header>Transition rule
for actions taken prior to enactment</header><text display-inline="yes-display-inline">No person shall be considered to have made
a payment for a coordinated communication under section 324 of the Federal
Election Campaign Act of 1971 (as amended by subsection (b)) by reason of any
action taken by the person prior to the date of the enactment of this Act.
Nothing in the previous sentence shall be construed to affect any determination
under any other provision of such Act which is in effect on the date of the
enactment of this Act regarding whether a communication is made in cooperation,
consultation, or concert with, or at the request or suggestion of, a candidate,
an authorized committee of a candidate, or a political committee of a political
party.</text>
</paragraph></subsection></section><section id="HD24DFA42455145F6B0A56C5705DCA67E"><enum>104.</enum><header>Treatment of
political party communications made on behalf of candidates</header>
<subsection id="HA7AB949D160B41628EC4A3031639B489"><enum>(a)</enum><header>Treatment of
Payment for Public Communication as Contribution if Made Under control or
direction of Candidate</header><text display-inline="yes-display-inline">Section 301(8)(A) of the Federal Election
Campaign Act of 1971 (<external-xref legal-doc="usc" parsable-cite="usc/2/431">2 U.S.C. 431(8)(A)</external-xref>), as amended by
section 103(a), is amended—</text>
<paragraph id="H78C954B2BF194FDD9DB2023796B8C359"><enum>(1)</enum><text>by striking
<quote>or</quote> at the end of clause (ii);</text>
</paragraph><paragraph id="H9DFDA352843F404FB730D0EFF1ACD0A3"><enum>(2)</enum><text>by striking the
period at the end of clause (iii) and inserting <quote>; or</quote>; and</text>
</paragraph><paragraph id="H62DD7A25E9204F05BE2AC7AA638069C8"><enum>(3)</enum><text>by adding at the
end the following new clause:</text>
<quoted-block display-inline="no-display-inline" id="H1DAAB255166346AEA21DEFD1D159286C" style="traditional">
<clause id="HA825EE24333D449EB5886E172F71389D" indent="up1"><enum>(iv)</enum><text display-inline="yes-display-inline">any payment by a political committee of a
political party for the direct costs of a public communication (as defined in
paragraph (22)) made on behalf of a candidate for Federal office who is
affiliated with such party, but only if the communication is controlled by, or
made at the direction of, the candidate or an authorized committee of the
candidate.</text>
</clause><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="HC4B5355E3B1E4250B2D3A87FCEBBBB2D"><enum>(b)</enum><header>Requiring
control or direction by candidate for treatment as coordinated party
expenditure</header>
<paragraph id="H85C1C884E4E642D09FA075F1D5C66FEB"><enum>(1)</enum><header>In
general</header><text>Paragraph (4) of section 315(d) of such Act
(<external-xref legal-doc="usc" parsable-cite="usc/2/441a">2 U.S.C.
441a(d)</external-xref>) is amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HE021A5F2F5A14136841F8DADDE376FB1" style="OLC">
<paragraph id="H3B26654A37C04414A0A6493721C3F0B4" indent="up1"><enum>(4)</enum><header>Special rule for direct costs of
communications</header><text display-inline="yes-display-inline">The direct
costs incurred by a political committee of a political party for a
communication made in connection with the campaign of a candidate for Federal
office shall not be subject to the limitations contained in paragraphs (2) and
(3) unless the communication is controlled by, or made at the direction of, the
candidate or an authorized committee of the
candidate.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="H6ACCF51A527D45E0A7BC110CAF375E7A"><enum>(2)</enum><header>Conforming
amendment</header><text>Paragraph (1) of section 315(d) of such Act
(<external-xref legal-doc="usc" parsable-cite="usc/2/441a">2 U.S.C.
441a(d)</external-xref>) is amended by striking <quote>paragraphs (2), (3), and
(4)</quote> and inserting <quote>paragraphs (2) and (3)</quote>.</text>
</paragraph></subsection><subsection id="HFA5934A559D14661B6A5A0FF915252AC"><enum>(c)</enum><header>Effective
Date</header><text>This section and the amendments made by this section shall
apply with respect to payments made on or after the expiration of the 30-day
period which begins on the date of the enactment of this Act, without regard to
whether or not the Federal Election Commission has promulgated regulations to
carry out such amendments.</text>
</subsection></section><section display-inline="no-display-inline" id="HBCBD73E7AFD645A8BE7F4986D53CC114" section-type="subsequent-section"><enum>105.</enum><header>Restriction on
internet communications treated as public communications</header>
<subsection id="H55D0CB512EF046A09D32B87329D53AE1"><enum>(a)</enum><header>In
General</header><text display-inline="yes-display-inline">Section 301(22) of
the Federal Election Campaign Act of 1971 (<external-xref legal-doc="usc" parsable-cite="usc/2/431">2 U.S.C. 431(22)</external-xref>) is amended by
adding at the end the following new sentence: <quote>A communication which is
disseminated through the Internet shall not be treated as a form of general
public political advertising under this paragraph unless the communication was
placed for a fee on another person’s Web site.</quote>.</text>
</subsection><subsection id="HB85D95AED0A245168AC9512D6388DB5C"><enum>(b)</enum><header>Effective
Date</header><text>The amendment made by subsection (a) shall take effect on
the date of the enactment of this Act.</text>
</subsection></section><enum>II</enum><header>Promoting
Effective Disclosure of Campaign-Related Activity</header>
<subtitle id="H3C44310D14EB43D49B05D23122A2A951"><enum>A</enum><header>Treatment of
Independent Expenditures and Electioneering Communications Made by All
Persons</header>
<section display-inline="no-display-inline" id="H02109F87C7174AE7A80594B3B9C6D4D4" section-type="subsequent-section"><enum>201.</enum><header>Independent
expenditures</header>
<subsection id="H7393FE9341494B7091CCAF5F0E9B62FB"><enum>(a)</enum><header>Revision of
Definition</header><text display-inline="yes-display-inline">Subparagraph (A)
of section 301(17) of the Federal Election Campaign Act of 1971 (<external-xref legal-doc="usc" parsable-cite="usc/2/431">2 U.S.C. 431(17)</external-xref>) is
amended to read as follows:</text>
<quoted-block display-inline="no-display-inline" id="H861270DBB0D445BAA073238E81113516" style="OLC">
<subparagraph display-inline="no-display-inline" id="H998A2FD2865243D58E44A988B96A1F6F"><enum>(A)</enum><text>that, when taken
as a whole, expressly advocates the election or defeat of a clearly identified
candidate, or is the functional equivalent of express advocacy because it can
be interpreted by a reasonable person only as advocating the election or defeat
of a candidate, taking into account whether the communication involved mentions
a candidacy, a political party, or a challenger to a candidate, or takes a
position on a candidate’s character, qualifications, or fitness for office;
and</text>
</subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection display-inline="no-display-inline" id="HA29F9DE674744FB2866F3E947BD0E984"><enum>(b)</enum><header>Uniform 24-Hour
Reporting For Persons Making Independent Expenditures Exceeding $10,000 at Any
Time</header><text>Section 304(g) of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/434">2 U.S.C. 434(g)</external-xref>) is amended by
striking paragraphs (1) and (2) and inserting the following:</text>
<quoted-block display-inline="no-display-inline" id="H52D57CA681BF42418F853DD34F926E24" style="OLC">
<paragraph id="H27CAC97BB31C435DBFC6C65C01849C9F"><enum>(1)</enum><header>Independent
expenditures exceeding threshold amount</header>
<subparagraph id="HE599EC6448994088BC60608532D906E1"><enum>(A)</enum><header>Initial
report</header><text display-inline="yes-display-inline">A person (including a
political committee) that makes or contracts to make independent expenditures
in an aggregate amount equal to or greater than the threshold amount described
in subparagraph (C) shall electronically file a report describing the
expenditures within 24 hours.</text>
</subparagraph><subparagraph id="H4F9D04AC73D344EBAB4D772B1C879B8D"><enum>(B)</enum><header>Additional
reports</header><text>After a person files a report under subparagraph (A), the
person shall electronically file an additional report within 24 hours after
each time the person makes or contracts to make independent expenditures in an
aggregate amount equal to or greater than the threshold amount with respect to
the same election as that to which the initial report relates.</text>
</subparagraph><subparagraph id="HEA89C3E3BA344258A7B9E59CE2F77DBA"><enum>(C)</enum><header>Threshold amount
described</header><text>In this paragraph, the <quote>threshold amount</quote>
means—</text>
<clause id="HB7C2EC2FBD3E405E9575B0033865D3B9"><enum>(i)</enum><text>during the period
up to and including the 20th day before the date of an election, $10,000;
or</text>
</clause><clause id="H2895BAC0B76643089C73A9427F568BA4"><enum>(ii)</enum><text>during the period
after the 20th day, but more than 24 hours, before the date of an election,
$1,000.</text>
</clause></subparagraph></paragraph><paragraph display-inline="no-display-inline" id="HE7DF3B5129AA4CED939B90E0EBD69597"><enum>(2)</enum><header>Public
availability</header><text display-inline="yes-display-inline">Notwithstanding
any other provision of this section, the Commission shall ensure that the
information required to be disclosed under this subsection is publicly
available through the Commission website not later than 24 hours after receipt
in a manner that is downloadable in bulk and machine readable.</text>
</paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection commented="no" display-inline="no-display-inline" id="H53341DF923E54E23B19774A2E2E62DD2"><enum>(c)</enum><header>Effective
date</header>
<paragraph commented="no" display-inline="no-display-inline" id="HF181F8EACE7A45D294F6A04F5D4973BD"><enum>(1)</enum><header>In
general</header><text>The amendment made by subsection (a) shall apply with
respect to contributions and expenditures made on or after the expiration of
the 30-day period which begins on the date of the enactment of this Act,
without regard to whether or not the Federal Election Commission has
promulgated regulations to carry out such amendments.</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="H1E989BA9F87644A29CA2551F6FD19CB8"><enum>(2)</enum><header>Reporting
requirements</header><text>The amendment made by subsection (b) shall apply
with respect to reports required to be filed after the date of the enactment of
this Act.</text>
</paragraph></subsection></section><section display-inline="no-display-inline" id="HB2B522104AB444568F17BA18E46C7DE5" section-type="subsequent-section"><enum>202.</enum><header>Electioneering
communications</header>
<subsection id="HDFB355E864EC4651972AC412FA6881E5"><enum>(a)</enum><header>Expansion of
period covering general election</header><text display-inline="yes-display-inline">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 <quote>60 days</quote> and inserting <quote>120
days</quote>.</text>
</subsection><subsection id="H71F49018EF9746078F8EFE483C00A144"><enum>(b)</enum><header>Effective date;
transition for communications made prior to enactment</header><text display-inline="yes-display-inline">The amendment made by subsection (a) shall
apply with respect to communications made on or after the date of the enactment
of this Act, without regard to whether or not the Federal Election Commission
has promulgated regulations to carry out such amendments, except that no
communication which is made prior to the date of the enactment of this Act
shall be treated as an electioneering communication under section
304(f)(3)(A)(i)(II) of the Federal Election Campaign Act of 1971 (as amended by
subsection (a)) unless the communication would be treated as an electioneering
communication under such section if the amendment made by subsection (a) did
not apply.</text>
</subsection></section><section display-inline="no-display-inline" id="HD60F2023F26149FC84727CF126ED5878" section-type="subsequent-section"><enum>203.</enum><header>Mandatory electronic
filing by persons making independent expenditures or electioneering
communications exceeding $10,000 at any time</header><text display-inline="no-display-inline">Section 304(d)(1) of the Federal Election
Campaign Act of 1971 (<external-xref legal-doc="usc" parsable-cite="usc/2/434">2 U.S.C. 434(d)(1)</external-xref>) is
amended—</text>
<paragraph id="H11D54BC4378F4D7DBFAD47EB9BE5570D"><enum>(1)</enum><text>by striking
<quote>or (g)</quote>; and</text>
</paragraph><paragraph id="H45FF10B7822B4AE6A1874EE3FDD6B674"><enum>(2)</enum><text>by adding at the
end the following: <quote>Notwithstanding any other provision of this section,
any person who is required to file a statement under subsection (f) or
subsection (g) shall file the statement in electronic form accessible by
computers, in a manner which ensures that the information provided is
searchable, sortable, and downloadable.</quote>.</text>
</paragraph></section></subtitle><subtitle id="H0B50705CF9EC4BD399BFA8B2C26307D0"><enum>B</enum><header>Expanded
Requirements for Corporations and Other Organizations</header>
<section id="HD7154300A83C4755AD8E8FA4384171F4"><enum>211.</enum><header>Additional
information required to be included in reports on disbursements by covered
organizations</header>
<subsection id="HBCE81C8D14FE474D93F103722EF1D891"><enum>(a)</enum><header>Independent
expenditure reports</header><text>Section 304(g) of the Federal Election
Campaign Act of 1971 (<external-xref legal-doc="usc" parsable-cite="usc/2/434">2 U.S.C. 434(g)</external-xref>) is amended by adding
at the end the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="HD1789BDCB4AB4A00B40FA249D24FC645" style="OLC">
<paragraph id="H0FEF98FB8BFF4B3197ADC63E2F1EB182"><enum>(5)</enum><header>Disclosure of
additional information by covered organizations making payments for public
independent expenditures</header>
<subparagraph id="HCBB8A81371B947DC9C3DFA77D2E2AC75"><enum>(A)</enum><header>Additional
information</header><text display-inline="yes-display-inline">If a covered
organization makes or contracts to make public independent expenditures in an
aggregate amount equal to or exceeding $10,000 in a calendar year, the report
filed by the organization under this subsection shall include, in addition to
the information required under paragraph (3), the following information
(subject to subparagraph (B)(iv)):</text>
<clause id="HD103289667EA437A8CD437149189D2F3"><enum>(i)</enum><text display-inline="yes-display-inline">If any person made a donation or payment to
the covered organization during the covered organization reporting period which
was provided for the purpose of being used for campaign-related activity or in
response to a solicitation for funds to be used for campaign-related
activity—</text>
<subclause id="H41BA3186114B4ABAA8687E616A6AFB4F"><enum>(I)</enum><text>subject to
subparagraph (C), the identification of each person who made such donations or
payments in an aggregate amount equal to or exceeding $600 during such period,
presented in the order of the aggregate amount of donations or payments made by
such persons during such period (with the identification of the person making
the largest donation or payment appearing first); and</text>
</subclause><subclause id="H74BFF3C9E1E749DC9B21E6C4D86E3D30"><enum>(II)</enum><text>if any person
identified under subclause (I) designated that the donation or payment be used
for campaign-related activity with respect to a specific election or in support
of a specific candidate, the name of the election or candidate involved, and if
any such person designated that the donation or payment be used for a specific
public independent expenditure, a description of the expenditure.</text>
</subclause></clause><clause id="H0167C6B7806F4E15996BCAC8A6F0CCC9"><enum>(ii)</enum><text>The
identification of each person who made unrestricted donor payments to the
organization during the covered organization reporting period—</text>
<subclause id="H27151ED9CD0B481E9F7779B54074008B"><enum>(I)</enum><text display-inline="yes-display-inline">in an aggregate amount equal to or
exceeding $600 during such period, if any of the disbursements made by the
organization for any of the public independent expenditures which are covered
by the report were not made from the organization’s Campaign-Related Activity
Account under section 326; or</text>
</subclause><subclause id="H58BAA74F0372432891594A3A71B314AC"><enum>(II)</enum><text>in an aggregate
amount equal to or exceeding $6,000 during such period, if the disbursements
made by the organization for all of the public independent expenditures which
are covered by the report were made exclusively from the organization’s
Campaign-Related Activity Account under section 326 (but only if the
organization has made deposits described in subparagraph (D) of section
326(a)(2) into that Account during such period in an aggregate amount equal to
or greater than $10,000),</text>
</subclause><continuation-text continuation-text-level="clause">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).</continuation-text></clause></subparagraph><subparagraph id="HC8C1233BA43240118214360C2C492598"><enum>(B)</enum><header>Treatment of
transfers made to other persons</header>
<clause id="HCD1611182A9F45A7BBBDE42DFED59C1C"><enum>(i)</enum><header>In
general</header><text display-inline="yes-display-inline">Subject to clause
(iii), for purposes of the requirement to file reports under this subsection
(including the requirement under subparagraph (A) to include additional
information in such reports), a covered organization which transfers amounts to
another person (other than the covered organization itself) for the purpose of
making a public independent expenditure by that person or by any other person,
or (in accordance with clause (ii)) which is deemed to have transferred amounts
to another person (other than the covered organization itself) for the purpose
of making a public independent expenditure by that person or by any other
person, shall be considered to have made a public independent
expenditure.</text>
</clause><clause id="HB65656718395477089A93122C0B7FBAA"><enum>(ii)</enum><header>Rules for
deeming transfers made for purpose of making expenditures</header><text display-inline="yes-display-inline">For purposes of clause (i), in determining
whether a covered organization which transfers amounts to another person shall
be deemed to have transferred the amounts for the purpose of making a public
independent expenditure, the following rules apply:</text>
<subclause id="H7439B079721246138995FCEC1E69746A"><enum>(I)</enum><text display-inline="yes-display-inline">The covered organization shall be deemed to
have transferred the amounts for the purpose of making a public independent
expenditure if—</text>
<item id="H7B59DF05AD6E409D9619DAC264F0572D"><enum>(aa)</enum><text display-inline="yes-display-inline">the covered organization designates,
requests, or suggests that the amounts be used for public independent
expenditures and the person to whom the amounts were transferred agrees to do
so;</text>
</item><item id="HCE02BF40983742B9A3FC39B564DA4165"><enum>(bb)</enum><text display-inline="yes-display-inline">the person making the public independent
expenditure or another person acting on that person’s behalf expressly
solicited the covered organization for a donation or payment for making or
paying for any public independent expenditures;</text>
</item><item id="H5F52892636D04357971C0480B13A02DB"><enum>(cc)</enum><text display-inline="yes-display-inline">the covered organization and the person to
whom the amounts were transferred engaged in written or oral discussion
regarding the person either making, or paying for, any public independent
expenditure, or donating or transferring the amounts to another person for that
purpose;</text>
</item><item id="HF00B68FF12474C94BD933CD108C0EF8F"><enum>(dd)</enum><text>the
covered organization which transferred the funds knew or had reason to know
that the person to whom the amounts were transferred intended to make public
independent expenditures; or</text>
</item><item id="H782C14985C7C4261988B1B1C50A77D09"><enum>(ee)</enum><text display-inline="yes-display-inline">the covered organization which transferred
the funds or the person to whom the amounts were transferred made one or more
public independent expenditures in an aggregate amount of $50,000 or more
during the 2-year period which ends on the date on which the amounts were
transferred.</text>
</item></subclause><subclause id="H1ED048591FA840FFB7135990B5816AFD"><enum>(II)</enum><text display-inline="yes-display-inline">The covered organization shall not be
deemed to have transferred the amounts for the purpose of making a public
independent expenditure if—</text>
<item id="H22F125CFAC5D42E584A5670306E3E023"><enum>(aa)</enum><text>the
transfer was a commercial transaction occurring in the ordinary course of
business between the covered organization and the person to whom the amounts
were transferred, unless there is affirmative evidence that the amounts were
transferred for the purpose of making a public independent expenditure;
or</text>
</item><item id="HCEACA063FD604842B300FA0E540203FB"><enum>(bb)</enum><text display-inline="yes-display-inline">the covered organization and the person to
whom the amounts were transferred mutually agreed (as provided in section
325(b)(1)) that the person will not use the amounts for campaign-related
activity.</text>
</item></subclause></clause><clause id="HA7451D4A27264C4FA0716CBDF9B0D9C5"><enum>(iii)</enum><header>Special rule
regarding transfers among affiliates</header>
<subclause id="H18EAF00AF1D444EBB0C8F5670017AA32"><enum>(I)</enum><header>Special
rule</header><text>In the case of an amount transferred by one covered
organization to another covered organization which is treated as a transfer
between affiliates under subclause (II), clause (i) and (ii) shall apply to the
covered organization which transfers the amount only if the aggregate amount
transferred during the year by such covered organization to that same covered
organization is equal to or greater than $50,000.</text>
</subclause><subclause id="H2CF187A9B0EB4DB195628B22B9DBBECC"><enum>(II)</enum><header>Description of
transfers between affiliates</header><text display-inline="yes-display-inline">A transfer of amounts from one covered
organization to another covered organization shall be treated as a transfer
between affiliates if—</text>
<item id="H49A848479CEF498EA78C6ED896304C57"><enum>(aa)</enum><text>one
of the organizations is an affiliate of the other organization; or</text>
</item><item id="H7AD50FB5AC62477EB79CD7CAD690ED6E"><enum>(bb)</enum><text>each of the
organizations is an affiliate of the same organization,</text>
</item><continuation-text continuation-text-level="subclause">except
that the transfer shall not be treated as a transfer between affiliates if one
of the organizations is established for the purpose of disbursing funds for
campaign-related activity.</continuation-text></subclause><subclause id="H9DADC1532AA34C98A15E7FD2283B0866"><enum>(III)</enum><header>Determination
of affiliate status</header><text>For purposes of subclause (II), a covered
organization is an affiliate of another covered organization if—</text>
<item id="H30E425AF9DA645FBB02BEA4AA32438EF"><enum>(aa)</enum><text display-inline="yes-display-inline">the governing instrument of the
organization requires it to be bound by decisions of the other organization;</text>
</item><item id="HFD789CFC58F04282A35E080C69C810A9"><enum>(bb)</enum><text display-inline="yes-display-inline">the governing board of the organization
includes persons who are specifically designated representatives of the other
organization or are members of the governing board, officers, or paid executive
staff members of the other organization, or whose service on the governing
board is contingent upon the approval of the other organization; or</text>
</item><item id="H44B0594FE55348FF896A951552A8B805"><enum>(cc)</enum><text>the
organization is chartered by the other organization.</text>
</item></subclause><subclause id="H28824E0DFEF140F99BD1E35362F8C9B2"><enum>(IV)</enum><header>Coverage of
transfers to affiliated section 501(c)(3) organizations</header><text display-inline="yes-display-inline">This clause shall apply with respect to an
amount transferred by a covered organization to an organization described in
paragraph (3) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in
the same manner as this clause applies to an amount transferred by a covered
organization to another covered organization.</text>
</subclause></clause><clause display-inline="no-display-inline" id="HECF94D9554604A4FA342A7EDA7AFFA5B"><enum>(iv)</enum><header>Special
threshold for disclosure of donors</header><text display-inline="yes-display-inline">Notwithstanding clause (i) or (ii) of
subparagraph (A), if a covered organization is required to include the
identification of a person described in such clause in a report filed under
this subsection because the covered organization is deemed (in accordance with
clause (ii)) to have transferred amounts for the purpose of making a public
independent expenditure, the organization shall include the identification of
the person only if the person made donations or payments (in the case of a
person described in clause (i)(I) of subparagraph (A)) or unrestricted donor
payments (in the case of a person described in clause (ii) of subparagraph (A))
to the covered organization during the covered organization reporting period
involved in an aggregate amount equal to or exceeding $10,000.</text>
</clause><clause id="H1FB3A473DEE442ACB7B972E4107654FE"><enum>(v)</enum><header>Waiver of
requirement to file report</header><text display-inline="yes-display-inline">Notwithstanding clause (i), a covered
organization which is considered to have made a public independent expenditure
under such clause shall not be required to file a report under this subsection
if—</text>
<subclause id="H62B77DBF9C0547508B39749D2963201D"><enum>(I)</enum><text>the organization
would be required to file the report solely because the organization is deemed
(in accordance with clause (ii)) to have transferred amounts for the purpose of
making a public independent expenditure;</text>
</subclause><subclause id="H820A751D3BBF44F288BDA5663C8B1E72"><enum>(II)</enum><text display-inline="yes-display-inline">no person made donations or payments (in
the case of a person described in clause (i)(I) of subparagraph (A)) or
unrestricted donor payments (in the case of a person described in clause (ii)
of subparagraph (A)) to the covered organization during the covered
organization reporting period involved in an aggregate amount equal to or
exceeding $10,000; and</text>
</subclause><subclause id="H6839CC042B494EE0879106A9172FB636"><enum>(III)</enum><text display-inline="yes-display-inline">all of the persons who made donations or
payments (in the case of a person described in clause (i)(I) of subparagraph
(A)) or unrestricted donor payments (in the case of a person described in
clause (ii) of subparagraph (A)) to the covered organization during the covered
organization reporting period in any amount were individuals.</text>
</subclause></clause></subparagraph><subparagraph id="HEB4AC93865044418966C5404C437321F"><enum>(C)</enum><header>Exclusion of
amounts designated for other campaign-related activity</header><text display-inline="yes-display-inline">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—</text>
<clause id="H273E380076F64F12B2403F679D134680"><enum>(i)</enum><text>for
campaign-related activity described in clause (i) of section 325(d)(2)(A)
(relating to independent expenditures) with respect to a different election, or
with respect to a candidate in a different election, than an election which is
the subject of any of the public independent expenditures covered by the report
involved; or</text>
</clause><clause id="HF217B5FBF5EC42998548FDD3167612A9"><enum>(ii)</enum><text>for any
campaign-related activity described in clause (ii) of section 325(d)(2)(A)
(relating to electioneering communications).</text>
</clause></subparagraph><subparagraph id="H7B64A35AA83B47199F14F960FAA53EB5"><enum>(D)</enum><header>Exclusion of
amounts paid from separate segregated fund</header><text display-inline="yes-display-inline">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).</text>
</subparagraph><subparagraph id="HF1F3CE0EA835403080E5C1603CBE274F"><enum>(E)</enum><header>Determination of
amount of certain payments among affiliates</header><text display-inline="yes-display-inline">For purposes of determining the amount of
any donation, payment, or transfer under this subsection which is made by a
covered organization to another covered organization which is an affiliate of
the covered organization or each of which is an affiliate of the same
organization (as determined in accordance with subparagraph (B)(iii)), to the
extent that the donation, payment, or transfer consists of funds attributable
to dues, fees, or assessments which are paid by individuals on a regular,
periodic basis in accordance with a per-individual calculation which is made on
a regular basis, the donation, payment, or transfer shall be attributed to the
individuals paying the dues, fees, or assessments and shall not be attributed
to the covered organization.</text>
</subparagraph><subparagraph id="H3788AD56DB2A45C8AC8D5FED5475BA8D"><enum>(F)</enum><header>Covered
organization reporting period described</header><text>In this paragraph, the
<quote>covered organization reporting period</quote> is, with respect to a
report filed by a covered organization under this subsection—</text>
<clause id="H1A85E7FF3FC8452F811FDD0E605F57D5"><enum>(i)</enum><text display-inline="yes-display-inline">in the case of the first report filed by a
covered organization under this subsection which includes information required
under this paragraph, the shorter of—</text>
<subclause id="H19638F284C9D41BB8E70A6578BE07CEB"><enum>(I)</enum><text display-inline="yes-display-inline">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</text>
</subclause><subclause id="H8F6F92179DAA46B793DCCA7140EF6A02"><enum>(II)</enum><text>the 12-month
period ending on the last day covered by the report; and</text>
</subclause></clause><clause id="HA1C6EB107504424888DC81DC481A6FF7"><enum>(ii)</enum><text display-inline="yes-display-inline">in the case of any subsequent report filed
by a covered organization under this subsection which includes information
required under this paragraph, the period occurring since the most recent
report filed by the organization which includes such information.</text>
</clause></subparagraph><subparagraph id="H8CEE4619883342FD959F4B63A759CDEF"><enum>(G)</enum><header>Covered
organization defined</header><text>In this paragraph, the term <term>covered
organization</term> means any of the following:</text>
<clause id="H1B8DE3226EEF4A5499D2954A7927D8D5"><enum>(i)</enum><text display-inline="yes-display-inline">Any corporation which is subject to section
316(a), other than a corporation which is an organization described in
paragraph (3) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such
Code.</text>
</clause><clause id="HD50DA8E3737B4784849CE96F2583ADCD"><enum>(ii)</enum><text>Any labor
organization (as defined in section 316).</text>
</clause><clause id="H9D6A3FF5B7EE4A70AADC50A14B49D02D"><enum>(iii)</enum><text display-inline="yes-display-inline">Any organization described in paragraph
(4), (5), or (6) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such Code,
other than an exempt section 501(c)(4) organization (as defined in section
301(27)).</text>
</clause><clause id="H81AED05D389C478CA78BD236FEDA5A3A"><enum>(iv)</enum><text>Any political
organization under <external-xref legal-doc="usc" parsable-cite="usc/26/527">section 527</external-xref> of the Internal Revenue
Code of 1986, other than a political committee under this Act.</text>
</clause></subparagraph><subparagraph id="H194B426C23854203B8A331E68370579E"><enum>(H)</enum><header>Other
definitions</header><text>In this paragraph—</text>
<clause id="H58E096B2A7454E7EA30C5DFBEA68490F"><enum>(i)</enum><text>the terms
<term>campaign-related activity</term> and <term>unrestricted donor
payment</term> have the meaning given such terms in section 325; and</text>
</clause><clause id="H864A849B73854EB19616DB63C1432A67"><enum>(ii)</enum><text display-inline="yes-display-inline">the term <term>public independent
expenditure</term> means an independent expenditure for a public communication
(as defined in section
301(22)).</text>
</clause></subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="HDBB7E095BD0147A28FE17247A62AD1C3"><enum>(b)</enum><header>Electioneering
communication reports</header>
<paragraph id="HBA69095D8F2F4E258B80ABA0CA83BB26"><enum>(1)</enum><header>In
general</header><text>Section 304(f) of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/434">2 U.S.C. 434(f)</external-xref>) is
amended—</text>
<subparagraph id="HDA1FF01E7E8044F88363943FA450B35D"><enum>(A)</enum><text>by redesignating
paragraphs (6) and (7) as paragraphs (7) and (8); and</text>
</subparagraph><subparagraph id="HB74951D9A85C45A29A66463E4F5BCF3D"><enum>(B)</enum><text>by inserting after
paragraph (5) the end the following new paragraph:</text>
<quoted-block display-inline="no-display-inline" id="HFD9BB0CC87EE416F8818848346176966" style="OLC">
<paragraph id="H20DFBA350F55453AB06ECF01D042F4E6"><enum>(6)</enum><header>Disclosure of
additional information by covered organizations</header>
<subparagraph id="H59C058549E734101B0365063D752D048"><enum>(A)</enum><header>Additional
information</header><text display-inline="yes-display-inline">If a covered
organization files a statement under this subsection, the statement shall
include, in addition to the information required under paragraph (2), the
following information (subject to subparagraph (B)(iv)):</text>
<clause id="H9E6694C3396A445883A26346135F4C35"><enum>(i)</enum><text display-inline="yes-display-inline">If any person made a donation or payment to
the covered organization during the covered organization reporting period which
was provided for the purpose of being used for campaign-related activity or in
response to a solicitation for funds to be used for campaign-related
activity—</text>
<subclause id="H5FA5C02ED6A44875B487C3B90D74DFDE"><enum>(I)</enum><text>subject to
subparagraph (C), the identification of each person who made such donations or
payments in an aggregate amount equal to or exceeding $1,000 during such
period, presented in the order of the aggregate amount of donations or payments
made by such persons during such period (with the identification of the person
making the largest donation or payment appearing first); and</text>
</subclause><subclause id="H1DE2B26B1A1F4786B58423189A5C59C6"><enum>(II)</enum><text>if any person
identified under subclause (I) designated that the donation or payment be used
for campaign-related activity with respect to a specific election or in support
of a specific candidate, the name of the election or candidate involved, and if
any such person designated that the donation or payment be used for a specific
electioneering communication, a description of the communication.</text>
</subclause></clause><clause id="H8890C0A2439B40D0815DD0B7B312E279"><enum>(ii)</enum><text>The
identification of each person who made unrestricted donor payments to the
organization during the covered organization reporting period—</text>
<subclause id="HD9B8DF8300F5481AAEC2C76006065410"><enum>(I)</enum><text>in an aggregate
amount equal to or exceeding $1,000 during such period, if the organization
made any of the disbursements which are described in subclause (II) from a
source other than the organization’s Campaign-Related Activity Account under
section 326; or</text>
</subclause><subclause id="H751FCEAE92484148ADBB9176C5B1BD4B"><enum>(II)</enum><text display-inline="yes-display-inline">in an aggregate amount equal to or
exceeding $10,000 during such period, if the organization made from its
Campaign-Related Activity Account under section 326 all of its disbursements
for electioneering communications during such period which are, on the basis of
a reasonable belief by the organization, subject to treatment as disbursements
for an exempt function for purposes of
<external-xref legal-doc="usc" parsable-cite="usc/26/527">section
527(f)</external-xref> of the Internal Revenue Code of 1986 (but only if the
organization has made deposits described in subparagraph (D) of section
326(a)(2) into that Account during such period in an aggregate amount equal to
or greater than $10,000),</text>
</subclause><continuation-text continuation-text-level="clause">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).</continuation-text></clause></subparagraph><subparagraph id="H06DE1AAE7DF34460AF2A2C0AE952B783"><enum>(B)</enum><header>Treatment of
transfers made to other persons</header>
<clause id="H19876AF4D9624EA187F3DDF4097686DA"><enum>(i)</enum><header>In
general</header><text display-inline="yes-display-inline">Subject to clause
(iii), for purposes of the requirement to file statements under this subsection
(including the requirement under subparagraph (A) to include additional
information in such statements), a covered organization which transfers amounts
to another person (other than the covered organization itself) for the purpose
of making an electioneering communication by that person or by any other
person, or (in accordance with clause (ii)) which is deemed to have transferred
amounts to another person (other than the covered organization itself) for the
purpose of making an electioneering communication by that person or by any
other person, shall be considered to have made a disbursement for an
electioneering communication.</text>
</clause><clause id="HB8DF91D989294B638057954268BAA361"><enum>(ii)</enum><header>Rules for
deeming transfers made for purpose of making communications</header><text display-inline="yes-display-inline">For purposes of clause (i), in determining
whether a covered organization which transfers amounts to another person shall
be deemed to have transferred the amounts for the purpose of making an
electioneering communication, the following rules apply:</text>
<subclause id="H3EE83869C0F74D46A330187B2E500DAD"><enum>(I)</enum><text display-inline="yes-display-inline">The covered organization shall be deemed to
have transferred the amounts for the purpose of making an electioneering
communication if—</text>
<item id="HFFD169E7892F477EA3AEEAC9A185FDF0"><enum>(aa)</enum><text display-inline="yes-display-inline">the covered organization designates,
requests, or suggests that the amounts be used for electioneering
communications and the person to whom the amounts were transferred agrees to do
so;</text>
</item><item id="H6E22642FF1E04FD0811EC5F5A9E65C30"><enum>(bb)</enum><text display-inline="yes-display-inline">the person making the electioneering
communication or another person acting on that person’s behalf expressly
solicited the covered organization for a donation or payment for making or
paying for any electioneering communications;</text>
</item><item id="H00571C8F4E694AA09A0309B59BA411B5"><enum>(cc)</enum><text display-inline="yes-display-inline">the covered organization and the person to
whom the amounts were transferred engaged in written or oral discussion
regarding the person either making, or paying for, any electioneering
communication, or donating or transferring the amounts to another person for
that purpose;</text>
</item><item id="HD17C038A9EBA4909AEEE95FF3F8C3989"><enum>(dd)</enum><text>the
covered organization which transferred the funds knew or had reason to know
that the person to whom the amounts were transferred intended to make
electioneering communications; or</text>
</item><item id="HF778A76CB2564B69BB8174CB203EAE3F"><enum>(ee)</enum><text display-inline="yes-display-inline">the covered organization which transferred
the funds or the person to whom the amounts were transferred made one or more
electioneering communications in an aggregate amount of $50,000 or more during
the 2-year period which ends on the date on which the amounts were
transferred.</text>
</item></subclause><subclause id="H081AC7E1EB3C4B2386A61340C056B491"><enum>(II)</enum><text display-inline="yes-display-inline">The covered organization shall not be
deemed to have transferred the amounts for the purpose of making an
electioneering communication if—</text>
<item id="HC3AE1DD934CD402FB2B54DC91E9264D6"><enum>(aa)</enum><text>the
transfer was a commercial transaction occurring in the ordinary course of
business between the covered organization and the person to whom the amounts
were transferred, unless there is affirmative evidence that the amounts were
transferred for the purpose of making an electioneering communication;
or</text>
</item><item id="HAD73488FEA61471BA0E17BB5E1DCF2F8"><enum>(bb)</enum><text display-inline="yes-display-inline">the covered organization and the person to
whom the amounts were transferred mutually agreed (as provided in section
325(b)(1)) that the person will not use the amounts for campaign-related
activity.</text>
</item></subclause></clause><clause id="HED9159B01E2F4DFF866B09745B84E7E3"><enum>(iii)</enum><header>Special rule
regarding transfers among affiliates</header>
<subclause id="HC1AFDA92A493458291603B4CC7071519"><enum>(I)</enum><header>Special
rule</header><text>In the case of an amount transferred by one covered
organization to another covered organization which is treated as a transfer
between affiliates under subclause (II), clause (i) and (ii) shall apply to the
covered organization which transfers the amount only if the aggregate amount
transferred during the year by such covered organization to that same covered
organization is equal to or greater than $50,000.</text>
</subclause><subclause id="HBA4FB6DCA1AD45069511EEB007D75E91"><enum>(II)</enum><header>Description of
transfers between affiliates</header><text display-inline="yes-display-inline">A transfer of amounts from one covered
organization to another covered organization shall be treated as a transfer
between affiliates if—</text>
<item id="H8090203DBC97452AAB29DF915671971C"><enum>(aa)</enum><text>one
of the organizations is an affiliate of the other organization; or</text>
</item><item id="H489F1EE1EC8847EFA9BA273A8515E955"><enum>(bb)</enum><text>each of the
organizations is an affiliate of the same organization,</text>
</item><continuation-text continuation-text-level="subclause">except
that the transfer shall not be treated as a transfer between affiliates if one
of the organizations is established for the purpose of disbursing funds for
campaign-related activity.</continuation-text></subclause><subclause id="H34440AA36C224634B59B8B21E279765A"><enum>(III)</enum><header>Determination
of affiliate status</header><text>For purposes of subclause (II), a covered
organization is an affiliate of another covered organization if—</text>
<item id="HEE17B114DACD4DDFB3377BCCAFACD248"><enum>(aa)</enum><text display-inline="yes-display-inline">the governing instrument of the
organization requires it to be bound by decisions of the other organization;</text>
</item><item id="H22F411874E754CF2B64535C78FDB7A4C"><enum>(bb)</enum><text display-inline="yes-display-inline">the governing board of the organization
includes persons who are specifically designated representatives of the other
organization or are members of the governing board, officers, or paid executive
staff members of the other organization, or whose service on the governing
board is contingent upon the approval of the other organization; or</text>
</item><item id="H4C028DF9F3F1438E8B69256CE922813D"><enum>(cc)</enum><text>the
organization is chartered by the other organization.</text>
</item></subclause><subclause display-inline="no-display-inline" id="HB07C44FE553641EC98584282F32BEE1D"><enum>(IV)</enum><header>Coverage of
transfers to affiliated section 501(c)(3) organizations</header><text display-inline="yes-display-inline">This clause shall apply with respect to an
amount transferred by a covered organization to an organization described in
paragraph (3) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in
the same manner as this clause applies to an amount transferred by a covered
organization to another covered organization.</text>
</subclause></clause><clause display-inline="no-display-inline" id="H207E7853108B4E2E87B5F7ABB39E6713"><enum>(iv)</enum><header>Special
threshold for disclosure of donors</header><text display-inline="yes-display-inline">Notwithstanding clause (i) or (ii) of
subparagraph (A), if a covered organization is required to include the
identification of a person described in such clause in a statement filed under
this subsection because the covered organization is deemed (in accordance with
clause (ii)) to have transferred amounts for the purpose of making an
electioneering communication, the organization shall include the identification
of the person only if the person made donations or payments (in the case of a
person described in clause (i)(I) of subparagraph (A)) or unrestricted donor
payments (in the case of a person described in clause (ii) of subparagraph (A))
to the covered organization during the covered organization reporting period
involved in an aggregate amount equal to or exceeding $10,000.</text>
</clause><clause display-inline="no-display-inline" id="H71003DF3E9614FF8AB48215F3AAC556D"><enum>(v)</enum><header>Waiver of
requirement to file statement</header><text display-inline="yes-display-inline">Notwithstanding clause (i), a covered
organization which is considered to have made a disbursement for an
electioneering communication under such clause shall not be required to file a
report under this subsection if—</text>
<subclause id="H838DE7D9494544E1B0C8E7D8A41A0AB8"><enum>(I)</enum><text>the organization
would be required to file the report solely because the organization is deemed
(in accordance with clause (ii)) to have transferred amounts for the purpose of
making an electioneering communication;</text>
</subclause><subclause id="H484C27EF08E44F508B96349B2CA1CFCC"><enum>(II)</enum><text display-inline="yes-display-inline">no person made donations or payments (in
the case of a person described in clause (i)(I) of subparagraph (A)) or
unrestricted donor payments (in the case of a person described in clause (ii)
of subparagraph (A)) to the covered organization during the covered
organization reporting period involved in an aggregate amount equal to or
exceeding $10,000; and</text>
</subclause><subclause id="H00FEB04C13A04B45BCDD5ED125E8063D"><enum>(III)</enum><text display-inline="yes-display-inline">all of the persons who made donations or
payments (in the case of a person described in clause (i)(I) of subparagraph
(A)) or unrestricted donor payments (in the case of a person described in
clause (ii) of subparagraph (A)) to the covered organization during the covered
organization reporting period in any amount were individuals.</text>
</subclause></clause></subparagraph><subparagraph display-inline="no-display-inline" id="HA5C7DA25470F4934A7D4E1807F7D19DA"><enum>(C)</enum><header>Exclusion of
amounts designated for other campaign-related activity</header><text display-inline="yes-display-inline">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—</text>
<clause id="HDCBD6FD614B04EA1BC59B3E8ACEFC63F"><enum>(i)</enum><text>for
campaign-related activity described in clause (i) of section 325(d)(2)(A)
(relating to independent expenditures) with respect to a different election, or
with respect to a candidate in a different election, than an election which is
the subject of any of the public independent expenditures covered by the report
involved; or</text>
</clause><clause id="HD9236ADB8F9746EFBDD248E6842F9EE9"><enum>(ii)</enum><text>for any
campaign-related activity described in clause (ii) of section 325(d)(2)(A)
(relating to electioneering communications).</text>
</clause></subparagraph><subparagraph id="HE4384F38D7FC4378971521D1610C8B79"><enum>(D)</enum><header>Determination of
amount of certain payments among affiliates</header><text display-inline="yes-display-inline">For purposes of determining the amount of
any donation, payment, or transfer under this subsection which is made by a
covered organization to another covered organization which is an affiliate of
the covered organization or each of which is an affiliate of the same
organization (as determined in accordance with subparagraph (B)(iii)), to the
extent that the donation, payment, or transfer consists of funds attributable
to dues, fees, or assessments which are paid by individuals on a regular,
periodic basis in accordance with a per-individual calculation which is made on
a regular basis, the donation, payment, or transfer shall be attributed to the
individuals paying the dues, fees, or assessments and shall not be attributed
to the covered organization.</text>
</subparagraph><subparagraph display-inline="no-display-inline" id="H382041DCA62349CBA0DE23391A0DEC8C"><enum>(E)</enum><header>Covered
organization reporting period described</header><text>In this paragraph, the
<quote>covered organization reporting period</quote> is, with respect to a
statement filed by a covered organization under this subsection—</text>
<clause id="H44513B9398B1424ABE7757758805530C"><enum>(i)</enum><text display-inline="yes-display-inline">in the case of the first statement filed by
a covered organization under this subsection which includes information
required under this paragraph, the shorter of—</text>
<subclause id="HCE5749766C12489E9D1D0689DD4B4AA3"><enum>(I)</enum><text display-inline="yes-display-inline">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</text>
</subclause><subclause id="HE7F9C2965BAD4C61BAB507E7953705A7"><enum>(II)</enum><text>the 12-month
period ending on the disclosure date for the statement; and</text>
</subclause></clause><clause id="HA5D45CC756414D2F9F11F25B4F41F3C9"><enum>(ii)</enum><text display-inline="yes-display-inline">in the case of any subsequent statement
filed by a covered organization under this subsection which includes
information required under this paragraph, the period occurring since the most
recent statement filed by the organization which includes such
information.</text>
</clause></subparagraph><subparagraph id="H1BB800A55A8A4047AE38EB21E4681E66"><enum>(F)</enum><header>Covered
organization defined</header><text>In this paragraph, the term <term>covered
organization</term> means any of the following:</text>
<clause id="H4DE9562B9E9D4A2D8A29411C88F8C8A8"><enum>(i)</enum><text display-inline="yes-display-inline">Any corporation which is subject to section
316(a), other than a corporation which is an organization described in
paragraph (3) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such
Code.</text>
</clause><clause id="H61A13B308F89480C820CCCD1EF28FCCF"><enum>(ii)</enum><text>Any labor
organization (as defined in section 316).</text>
</clause><clause id="H6EC957B9028A4B6B84AE997EB083D8A1"><enum>(iii)</enum><text display-inline="yes-display-inline">Any organization described in paragraph
(4), (5), or (6) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such Code,
other than an exempt section 501(c)(4) organization (as defined in section
301(27)).</text>
</clause><clause id="H2F15284B9D394CE3A6EB33F1D3B7EE29"><enum>(iv)</enum><text>Any political
organization under <external-xref legal-doc="usc" parsable-cite="usc/26/527">section 527</external-xref> of the Internal Revenue
Code of 1986, other than a political committee under this Act.</text>
</clause></subparagraph><subparagraph id="H9E85C5E85EC748899AFD683A3D944A37"><enum>(G)</enum><header>Other
definitions</header><text display-inline="yes-display-inline">In this
paragraph, the terms <term>campaign-related activity</term> and
<term>unrestricted donor payment</term> have the meaning given such terms in
section
325.</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subparagraph></paragraph><paragraph id="H4A7207B66AA64AD7AFCFAC5A06BC113D"><enum>(2)</enum><header>Conforming
amendment</header><text display-inline="yes-display-inline">Section 304(f)(2)
of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/434">2 U.S.C.
434(f)(2)</external-xref>) is amended by striking <quote>If the
disbursements</quote> each place it appears in subparagraph (E) and (F) and
inserting the following: <quote>Except in the case of a statement which is
required to include additional information under paragraph (6), if the
disbursements</quote>.</text>
</paragraph></subsection><subsection id="HA5DC381D8DEC4E34852A815C712340C5"><enum>(c)</enum><header>Exemption of
Certain Section 501(c)(4) Organizations</header><text display-inline="yes-display-inline">Section 301 of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/431">2 U.S.C. 431</external-xref>) is
amended by adding at the end the following:</text>
<quoted-block display-inline="no-display-inline" id="HD2011C80B50D4B60A3EFAEDD9EA4BEC5" style="OLC">
<paragraph id="HE3E2269FFB124E898A0182386A804639"><enum>(27)</enum><header>Exempt section
501(c)(4) organization</header><text display-inline="yes-display-inline">The
term <quote>exempt section 501(c)(4) organization</quote> means, with respect
to disbursements made by an organization during a calendar year, an
organization for which the chief executive officer of the organization
certifies to the Commission (prior to the first disbursement made by the
organization during the year) that each of the following applies:</text>
<subparagraph id="H6B509209361149E580028B0B6349A3A6"><enum>(A)</enum><text>The organization
is described in paragraph (4) of
<external-xref legal-doc="usc" parsable-cite="usc/26/501">section
501(c)</external-xref> of the Internal Revenue Code of 1986 and exempt from tax
under section 501(a) of such Code, and was so described and so exempt during
each of the 10 previous calendar years.</text>
</subparagraph><subparagraph id="H7DB7C6B2F2494B94B37628AB7373EB95"><enum>(B)</enum><text>The organization
has at least 500,000 individuals who paid membership dues during the previous
calendar year (determined as of the last day of that year).</text>
</subparagraph><subparagraph id="HB5D714EEFBF1453E9597E11CAAF402E9"><enum>(C)</enum><text>The dues-paying
membership of the organization includes at least one individual from each
State. For purposes of this subparagraph, the term <quote>State</quote> means
each of the several States, the District of Columbia, and the Commonwealth of
Puerto Rico.</text>
</subparagraph><subparagraph id="H55C6E2AFC78D4A98A6C891BE08F9523C"><enum>(D)</enum><text>During the
previous calendar year, the portion of funds provided to the organization by
corporations (as described in section 316) or labor organizations (as defined
in section 316), other than funds provided pursuant to commercial transactions
occurring in the ordinary course of business, did not exceed 15 percent of the
total amount of all funds provided to the organization from all sources.</text>
</subparagraph><subparagraph id="H6325885632BB41C7BAFF5CFEFFEFD4E5"><enum>(E)</enum><text>The organization
does not use any of the funds provided to the organization by corporations (as
described in section 316) or labor organizations (as defined in section 316)
for campaign-related activity (as defined in section
325).</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section id="H5DC1242D62D74148ABD79757091A384D"><enum>212.</enum><header>Rules regarding
use of general treasury funds by covered organizations for campaign-related
activity</header><text display-inline="no-display-inline">Title III of the
Federal Election Campaign Act of 1971 (<external-xref legal-doc="usc" parsable-cite="usc/2/431">2 U.S.C. 431 et seq.</external-xref>) is amended by
adding at the end the following new section:</text>
<quoted-block display-inline="no-display-inline" id="H8B0DF2CA067444EC9B060F2491BB3F31" style="OLC">
<section id="HCCCB245614BF4B45852A9A5D1E79BE99"><enum>325.</enum><header>Special rules
for use of general treasury funds by covered organizations for campaign-related
activity</header>
<subsection id="H77BE793D073946619A453A151C6195C0"><enum>(a)</enum><header>Use of Funds for
Campaign-Related Activity</header>
<paragraph id="H0E4F3E6641144630B4200EA52A9D623C"><enum>(1)</enum><header>In
general</header><text>Subject to any applicable restrictions and prohibitions
under this Act, a covered organization may make disbursements for
campaign-related activity using—</text>
<subparagraph id="H6B303786725641F382C1D339C4E61D29"><enum>(A)</enum><text>amounts paid or
donated to the organization which are designated by the person providing the
amounts to be used for campaign-related activity;</text>
</subparagraph><subparagraph id="HC6E0E6567BA64048B0EBFF5673B6B44F"><enum>(B)</enum><text>unrestricted donor
payments made to the organization; and</text>
</subparagraph><subparagraph id="HF471DF40855747658FB653AF98F44891"><enum>(C)</enum><text display-inline="yes-display-inline">other funds of the organization, including
amounts received pursuant to commercial activities in the regular course of a
covered organization’s business.</text>
</subparagraph></paragraph><paragraph id="H33B007879A854DCDA32F1A9221EAA7D4"><enum>(2)</enum><header>No effect on use
of separate segregated fund</header><text>Nothing in this section shall be
construed to affect the authority of a covered organization to make
disbursements from a separate segregated fund established and administered by
the organization under section 316(b)(2)(C).</text>
</paragraph></subsection><subsection id="HB3F291A2B70D40CDA9C29A47FE2F077C"><enum>(b)</enum><header>Mutually Agreed
Restrictions on Use of Funds for Campaign-Related Activity</header>
<paragraph id="HD7AE615553124739982587C1EDCC88BE"><enum>(1)</enum><header>Agreement and
certification</header><text display-inline="yes-display-inline">If a covered
organization and a person mutually agree, at the time the person makes a
donation, payment, or transfer to the organization which would require the
organization to disclose the person’s identification under section
304(g)(5)(A)(ii) or section 304(f)(6)(A)(ii), that the organization will not
use the donation, payment, or transfer for campaign-related activity, then not
later than 30 days after the organization receives the donation, payment, or
transfer the organization shall transmit to the person a written certification
by the chief financial officer of the covered organization (or, if the
organization does not have a chief financial officer, the highest ranking
financial official of the organization) that—</text>
<subparagraph id="H5C67CE952F5B46CEA2C937FD7B8601DF"><enum>(A)</enum><text display-inline="yes-display-inline">the organization will not use the donation,
payment, or transfer for campaign-related activity; and</text>
</subparagraph><subparagraph id="H191CDFF517E4412093C37FC80C4A1A45"><enum>(B)</enum><text display-inline="yes-display-inline">the organization will not include any
information on the person in any report filed by the organization under section
304 with respect to independent expenditures or electioneering communications,
so that the person will not be required to appear in a significant funder
statement or a Top 5 Funders list under section 318(e).</text>
</subparagraph></paragraph><paragraph id="H40AFBCE3A0164A0584580594F4063F2A"><enum>(2)</enum><header>Exception for
payments made pursuant to commercial activities</header><text display-inline="yes-display-inline">Paragraph (1) does not apply with respect
to any payment or transfer made pursuant to commercial activities in the
regular course of a covered organization’s business.</text>
</paragraph></subsection><subsection id="H8C8BED28C07849439DB017D33D2AA345"><enum>(c)</enum><header>Certifications
Regarding Disbursements for Campaign-Related Activity</header>
<paragraph id="HB6903FBAAE7347BFB32E5022DF03CCEC"><enum>(1)</enum><header>Certification by
chief executive officer</header><text display-inline="yes-display-inline">If,
at any time during a calendar quarter, a covered organization makes a
disbursement of funds for campaign-related activity using funds described in
subsection (a)(1), the chief executive officer of the covered organization or
the chief executive officer’s designee (or, if the organization does not have a
chief executive officer, the highest ranking official of the organization or
the highest ranking official’s designee) shall file a statement with the
Commission which contains the following certifications:</text>
<subparagraph id="H20A70EB4738C4C178F7DDAE3945F102F"><enum>(A)</enum><text display-inline="yes-display-inline">None of the campaign-related activity for
which the organization disbursed the funds during the quarter was made in
cooperation, consultation, or concert with, or at the request or suggestion of,
any candidate or any authorized committee or agent of such candidate, or
political committee of a political party or agent of any political
party.</text>
</subparagraph><subparagraph id="HF0FE9CDC67754314985297B0CCBD595C"><enum>(B)</enum><text display-inline="yes-display-inline">The chief executive officer or highest
ranking official of the covered organization (as the case may be) has reviewed
and approved each statement and report filed by the organization under section
304 with respect to any such disbursement made during the quarter.</text>
</subparagraph><subparagraph id="HF67BBD93B2694181A74766653D616454"><enum>(C)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph><subparagraph id="H0F6E515A27D24BD3AFFBB4E0C7169A53"><enum>(D)</enum><text>All such
disbursements made during the quarter are in compliance with this Act.</text>
</subparagraph><subparagraph id="HCFB4100F76984BF48EB847BE1B276AEF"><enum>(E)</enum><text display-inline="yes-display-inline">No portion of the amounts used to make any
such disbursements during the quarter is attributable to funds received by the
organization that were subject to a mutual agreement (as provided in subsection
(b)(1)) that the organization will not use the funds for campaign-related
activity by the person who provided the funds from being used for
campaign-related activity pursuant to subsection (b).</text>
</subparagraph></paragraph><paragraph id="H5C49C9E61D6943CF985684851753AAD9"><enum>(2)</enum><header>Application of
electronic filing rules</header><text>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.</text>
</paragraph><paragraph id="H8E6326D6BB254E87B7A2E2C2C23FE23C"><enum>(3)</enum><header>Deadline</header><text>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.</text>
</paragraph></subsection><subsection id="H0A405D38E1E24B1CA1F8C9C2E387D870"><enum>(d)</enum><header>Definitions</header><text display-inline="yes-display-inline">For purposes of this section, the following
definitions apply:</text>
<paragraph id="H00B2AB0035794688828948C7F34F39C2"><enum>(1)</enum><header>Covered
Organization</header><text>The term <term>covered organization</term> means any
of the following:</text>
<subparagraph id="HAB6B7C3A78074595A4C1704B42410532"><enum>(A)</enum><text display-inline="yes-display-inline">Any corporation which is subject to section
316(a), other than a corporation which is an organization described in
paragraph (3) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such
Code.</text>
</subparagraph><subparagraph id="H59820AFDE3BB41CE9179AF03BB11F5A4"><enum>(B)</enum><text>Any labor
organization (as defined in section 316).</text>
</subparagraph><subparagraph id="HF1AB2FBC1C4D4CFA8729B94BF2BAAD3C"><enum>(C)</enum><text display-inline="yes-display-inline">Any organization described in paragraph
(4), (5), or (6) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such Code,
other than an exempt section 501(c)(4) organization (as defined in section
301(27)).</text>
</subparagraph><subparagraph id="HBE904C505635402996451D3706F4EEE2"><enum>(D)</enum><text>Any political
organization under <external-xref legal-doc="usc" parsable-cite="usc/26/527">section 527</external-xref> of the Internal Revenue
Code of 1986, other than a political committee under this Act.</text>
</subparagraph></paragraph><paragraph id="HFF6ADDCA84004F7B873791089A84337D"><enum>(2)</enum><header>Campaign-Related
Activity</header>
<subparagraph id="H199ADA96917E408CB2B037807D61F752"><enum>(A)</enum><header>In
general</header><text>The term <term>campaign-related activity</term>
means—</text>
<clause id="HB36030B414A742FA8E1513AEEE45D0EB"><enum>(i)</enum><text display-inline="yes-display-inline">an independent expenditure consisting of a
public communication (as defined in section 301(22)), a transfer of funds to
another person (other than the transferor itself) for the purpose of making
such an independent expenditure by that person or by any other person (subject
to subparagraph (C)), or (in accordance with subparagraph (B) and subject to
subparagraph (C)) a transfer of funds to another person (other than the
transferor itself) which is deemed to have been made for the purpose of making
such an independent expenditure by that person or by any other person;
or</text>
</clause><clause id="H8A14B3E77F8146588AC10F092E1E7CE2"><enum>(ii)</enum><text display-inline="yes-display-inline">an electioneering communication, a transfer
of funds to another person (other than the transferor itself) for the purpose
of making an electioneering communication by that person or by any other person
(subject to subparagraph (C)), or (in accordance with subparagraph (B) and
subject to subparagraph (C)) a transfer of funds to another person (other than
the transferor itself)which is deemed to have been made for the purpose of
making an electioneering communication by that person or by any other
person.</text>
</clause></subparagraph><subparagraph id="H37CCEA0944B04A2C8A26C9291C79932F"><enum>(B)</enum><header>Rule for deeming
transfers made for purpose of campaign-related activity</header><text display-inline="yes-display-inline">For purposes of subparagraph (A), in
determining whether a transfer of funds by a covered organization to another
person shall be deemed to have been made for the purpose of making an
independent expenditure consisting of a public communication or an
electioneering communication, the following rules apply:</text>
<clause id="HE15E560B0F6244B3B75C940E79A64386"><enum>(i)</enum><text>The transfer shall
be deemed to have been made for the purpose of making such an independent
expenditure or an electioneering communication if—</text>
<subclause id="HA1B527D46DAD41D5B903F35069CE828E"><enum>(I)</enum><text display-inline="yes-display-inline">the covered organization designates,
requests, or suggests that the amounts be used for such independent
expenditures or electioneering communications and the person to whom the
amounts were transferred agrees to do so;</text>
</subclause><subclause id="H01014D08DF924873AF6C5950E31B1BAF"><enum>(II)</enum><text display-inline="yes-display-inline">the person making such independent
expenditures or electioneering communications or another person acting on that
person’s behalf expressly solicited the covered organization for a donation or
payment for making or paying for any such independent expenditure or
electioneering communication;</text>
</subclause><subclause id="H44163801D6DA47F4B5BEF81A0A4FDD02"><enum>(III)</enum><text display-inline="yes-display-inline">the covered organization and the person to
whom the amounts were transferred engaged in written or oral discussion
regarding the person either making, or paying for, such independent
expenditures or electioneering communications, or donating or transferring the
amounts to another person for that purpose;</text>
</subclause><subclause id="HA3F07F6002664223A698F0388B3A93A7"><enum>(IV)</enum><text display-inline="yes-display-inline">the covered organization which transferred
the funds knew or had reason to know that the person to whom the amounts were
transferred intended to make such independent expenditures or electioneering
communications; or</text>
</subclause><subclause id="H4D87839F5E674A69A5317E409F7758C2"><enum>(V)</enum><text>the covered
organization which transferred the funds or the person to whom the amounts were
transferred made one or more such independent expenditures or electioneering
communications in an aggregate amount of $50,000 or more during the 2-year
period which ends on the date on which the amounts were transferred.</text>
</subclause></clause><clause id="H4C67B4D591304068845A359CD563ACA4"><enum>(ii)</enum><text display-inline="yes-display-inline">The transfer shall not be deemed to have
been made for the purpose of making such an independent expenditure or an
electioneering communication if—</text>
<subclause id="HA121DEECBF644107B31BE7C124C84CB4"><enum>(I)</enum><text>the transfer was a
commercial transaction occurring in the ordinary course of business between the
covered organization and the person to whom the amounts were transferred,
unless there is affirmative evidence that the amounts were transferred for the
purpose of making such an independent expenditure or electioneering
communication; or</text>
</subclause><subclause id="H560068C4B4E74DB6BCA2413F04903D0E"><enum>(II)</enum><text display-inline="yes-display-inline">the covered organization and the person to
whom the amounts were transferred mutually agreed (as provided in subsection
(b)(1)) that the person will not use the amounts for campaign-related
activity.</text>
</subclause></clause></subparagraph><subparagraph id="HC280D200FB184017B98216ABC9BB8DA9"><enum>(C)</enum><header>Special rule
regarding transfers among affiliates</header>
<clause id="HCDABDC03A82E4172A7AF42E0C281B6ED"><enum>(I)</enum><header>Special
rule</header><text>In the case of a transfer of an amount by one covered
organization to another covered organization which is treated as a transfer
between affiliates under clause (ii), subparagraphs (A) and (B) shall apply to
the transfer only if the aggregate amount transferred during the year by such
covered organization to that same covered organization is equal to or greater
than $50,000.</text>
</clause><clause display-inline="no-display-inline" id="HC8E6D1397856472582652407F3ECCCB0"><enum>(ii)</enum><header>Determination
of amount of certain transfers among affiliates</header><text display-inline="yes-display-inline">In determining the amount of a transfer
between affiliates for purposes of clause (I), to the extent that the transfer
consists of funds attributable to dues, fees, or assessments which are paid by
individuals on a regular, periodic basis in accordance with a per-individual
calculation which is made on a regular basis, the transfer shall be attributed
to the individuals paying the dues, fees, or assessments and shall not be
attributed to the covered organization.</text>
</clause><clause id="HB7301744AB4C48129AA25A236570AE55"><enum>(iii)</enum><header>Description of
transfers between affiliates</header><text display-inline="yes-display-inline">A transfer of amounts from one covered
organization to another covered organization shall be treated as a transfer
between affiliates if—</text>
<subclause id="H0A50ADFDF5F0435D82F03D3A7F63454C"><enum>(I)</enum><text>one of the
organizations is an affiliate of the other organization; or</text>
</subclause><subclause id="HC9EBF9EE872840358DCE29DEE7E88CCF"><enum>(II)</enum><text>each of the
organizations is an affiliate of the same organization,</text>
</subclause><continuation-text continuation-text-level="clause">except that
the transfer shall not be treated as a transfer between affiliates if one of
the organizations is established for the purpose of disbursing funds for
campaign-related activity.</continuation-text></clause><clause id="HB05B06CA8EFD490387BB0237DA68EC06"><enum>(iv)</enum><header>Determination
of affiliate status</header><text>For purposes of clause (ii), a covered
organization is an affiliate of another covered organization if—</text>
<subclause id="H2522D8E3ED6F4FB1A559DCDE279B5914"><enum>(I)</enum><text display-inline="yes-display-inline">the governing instrument of the
organization requires it to be bound by decisions of the other organization;</text>
</subclause><subclause id="HAD6F18E27FBE4772A95A7FCE02C4111F"><enum>(II)</enum><text display-inline="yes-display-inline">the governing board of the organization
includes persons who are specifically designated representatives of the other
organization or are members of the governing board, officers, or paid executive
staff members of the other organization, or whose service on the governing
board is contingent upon the approval of the other organization; or</text>
</subclause><subclause id="HEFA6854CFE6C42EBB34412DE09D2CA1A"><enum>(III)</enum><text>the organization
is chartered by the other organization.</text>
</subclause></clause><clause id="HB635F5CD585547CF8927CF78E88BB5FF"><enum>(v)</enum><header>Coverage of
transfers to affiliated section 501(c)(3) organizations</header><text display-inline="yes-display-inline">This subparagraph shall apply with respect
to an amount transferred by a covered organization to an organization described
in paragraph (3) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in
the same manner as this subparagraph applies to an amount transferred by a
covered organization to another covered organization.</text>
</clause></subparagraph></paragraph><paragraph id="H9032184DF9494B83B6DC82573B9F52C9"><enum>(3)</enum><header>Unrestricted
donor payment</header><text display-inline="yes-display-inline">The term
<term>unrestricted donor payment</term> means a payment to a covered
organization which consists of a donation or payment from a person other than
the covered organization, except that such term does not include—</text>
<subparagraph id="HE45FA87AFCDC4E6C8FFE6E5043B8A5C3"><enum>(A)</enum><text display-inline="yes-display-inline">any payment made pursuant to commercial
activities in the regular course of a covered organization’s business;
or</text>
</subparagraph><subparagraph id="H5FAC94F7616A4FB798B5F22433E5960C"><enum>(B)</enum><text display-inline="yes-display-inline">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.</text>
</subparagraph></paragraph></subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</section><section id="HC8A835E2AB024446835F7D924FF7497F"><enum>213.</enum><header>Optional use of
separate account by covered organizations for campaign-related
activity</header>
<subsection id="H0F4C22FBBBB54DDCB9DFA5B03552D515"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">Title III of the
Federal Election Campaign Act of 1971 (<external-xref legal-doc="usc" parsable-cite="usc/2/431">2 U.S.C. 431 et seq.</external-xref>), as amended by
section 212, is further amended by adding at the end the following new
section:</text>
<quoted-block display-inline="no-display-inline" id="H5F3255CF2CDF4574A88BD143B8792800" style="OLC">
<section id="H5DBA2DD42FB743499F70447314D3DDEF"><enum>326.</enum><header>Optional Use of
Separate Account by Covered Organizations for Campaign-Related
Activity</header>
<subsection id="H8DE492AA92554D299AF9D2CA336EEE18"><enum>(a)</enum><header>Optional Use of
Separate Account</header>
<paragraph id="H780F57B2116E426C95E7E04B68FBFF25"><enum>(1)</enum><header>Establishment of
account</header>
<subparagraph id="H38F10EB4E92A4BBE85CE8E2008AC559E"><enum>(A)</enum><header>In
general</header><text>At its option, a covered organization may make
disbursements for campaign-related activity using amounts from a bank account
established and controlled by the organization to be known as the
Campaign-Related Activity Account (hereafter in this section referred to as the
<quote>Account</quote>), which shall be maintained separately from all other
accounts of the organization and which shall consist exclusively of the
deposits described in paragraph (2).</text>
</subparagraph><subparagraph id="HDD46A2061CCF4929A2A481496D0808F7"><enum>(B)</enum><header>Mandatory use of
account after establishment</header><text display-inline="yes-display-inline">If a covered organization establishes an
Account under this section, it may not make disbursements for campaign-related
activity from any source other than amounts from the Account, other than
disbursements for campaign-related activity which, on the basis of a reasonable
belief by the organization, would not be treated as disbursements for an exempt
function for purposes of
<external-xref legal-doc="usc" parsable-cite="usc/26/527">section
527(f)</external-xref> of the Internal Revenue Code of 1986.</text>
</subparagraph><subparagraph id="HE65FDB3BD21B498DA829AD84DB3C9EF7"><enum>(C)</enum><header>Exclusive use of
account for campaign-related activity</header><text>Amounts in the Account
shall be used exclusively for disbursements by the covered organization for
campaign-related activity. After such disbursements are made, information with
respect to deposits made to the Account shall be disclosed in accordance with
section 304(g)(5) or section 304(f)(6).</text>
</subparagraph></paragraph><paragraph id="H8E27305B9FD04D9D91F8CEAA3AF11B4E"><enum>(2)</enum><header>Deposits
described</header><text>The deposits described in this paragraph are deposits
of the following amounts:</text>
<subparagraph id="H102188FFBB7D43F7867507740BF30743"><enum>(A)</enum><text display-inline="yes-display-inline">Amounts donated or paid to the covered
organization by a person other than the organization for the purpose of being
used for campaign-related activity, and for which the person providing the
amounts has designated that the amounts be used for campaign-related activity
with respect to a specific election or specific candidate.</text>
</subparagraph><subparagraph id="HD222977E8A0049119E3B6B20AA9CF3DA"><enum>(B)</enum><text>Amounts donated or
paid to the covered organization by a person other than the organization for
the purpose of being used for campaign-related activity, and for which the
person providing the amounts has not designated that the amounts be used for
campaign-related activity with respect to a specific election or specific
candidate.</text>
</subparagraph><subparagraph id="HD194D2B50A3B489BB78EB9AB88C638B4"><enum>(C)</enum><text>Amounts donated or
paid to the covered organization by a person other than the organization in
response to a solicitation for funds to be used for campaign-related
activity.</text>
</subparagraph><subparagraph id="H7FB515A397E74F49AAC2CEA239D1D056"><enum>(D)</enum><text>Amounts
transferred to the Account by the covered organization from other accounts of
the organization, including from the organization’s general treasury
funds.</text>
</subparagraph></paragraph><paragraph id="H4AA9ECC5CD4D4A4D82903F9C9F102F7E"><enum>(3)</enum><header>No treatment as
political committee</header><text>The establishment and administration of an
Account in accordance with this subsection shall not by itself be treated as
the establishment or administration of a political committee for any purpose of
this Act.</text>
</paragraph></subsection><subsection id="HE0A04E6DB4944B35BE31A87B8E7818E0"><enum>(b)</enum><header>Reduction in
amounts otherwise available for Account in Response to Demand of General
Donors</header>
<paragraph id="HE8E9CD0EAF1F4989A11D9435D5DBA3D7"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">If a covered
organization which has established an Account obtains any revenues during a
year which are attributable to a donation or payment from a person other than
the covered organization, and if the organization and any such person have
mutually agreed (as provided in section 325(b)(1)) that the organization will
not use the person’s donation, payment, or transfer for campaign-related
activity, the organization shall reduce the amount of its revenues available
for deposits to the Account which are described in subsection (a)(3)(D) during
the year by the amount of the donation or payment which is subject to the
mutual agreement.</text>
</paragraph><paragraph id="H3ED695E215C647AEB6735509EC95525D"><enum>(2)</enum><header>Exception</header><text>Paragraph
(1) does not apply with respect to any payment made pursuant to commercial
activities in the regular course of a covered organization’s business.</text>
</paragraph></subsection><subsection id="H58F323F176554A739F2E60C7BEE9B2B6"><enum>(c)</enum><header>Covered
Organization Defined</header><text>In this section, the term <term>covered
organization</term> means any of the following:</text>
<paragraph id="H82176D557B5945C7A21CA55DC1D85DA0"><enum>(1)</enum><text display-inline="yes-display-inline">Any corporation which is subject to section
316(a), other than a corporation which is an organization described in
paragraph (3) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such
Code.</text>
</paragraph><paragraph id="HD6C2A79F67784B669E481F1F4779CCE1"><enum>(2)</enum><text>Any labor
organization (as defined in section 316).</text>
</paragraph><paragraph id="HD5C5AAEB9DA94E2BB23F28E8C2AEB749"><enum>(3)</enum><text display-inline="yes-display-inline">Any organization described in paragraph
(4), (5), or (6) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such Code,
other than an exempt section 501(c)(4) organization (as defined in section
301(27)).</text>
</paragraph><paragraph id="H204FEF26B5494687873F66A90797218D"><enum>(4)</enum><text>Any political
organization under <external-xref legal-doc="usc" parsable-cite="usc/26/527">section 527</external-xref> of the Internal Revenue
Code of 1986, other than a political committee under this Act.</text>
</paragraph></subsection><subsection id="H78921AD0957F4EBFB28AB96560C5152D"><enum>(d)</enum><header>Campaign-Related
Activity Defined</header><text>In this section, the term <term>campaign-related
activity</term> has the meaning given such term in section
325.</text>
</subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection><subsection id="H5C8FF848C15747A8B571BCB5E76F7C8F"><enum>(b)</enum><header>Clarification of
treatment as separate segregated fund</header><text display-inline="yes-display-inline">A Campaign-Related Activity Account (within
the meaning of section 326 of the Federal Election Campaign Act of 1971, as
added by subsection (a)) may be treated as a separate segregated fund for
purposes of <external-xref legal-doc="usc" parsable-cite="usc/26/527">section
527(f)(3)</external-xref> of the Internal Revenue Code of 1986.</text>
</subsection></section><section display-inline="no-display-inline" id="H5181A79A0B774CEF9278B148AC7824A4" section-type="subsequent-section"><enum>214.</enum><header>Modification of
rules relating to disclaimer statements required for certain
communications</header>
<subsection id="H47DA86885E074164B7E3DF073B3AE5C6"><enum>(a)</enum><header>Applying
requirements to all independent expenditure communications</header><text display-inline="yes-display-inline">Section 318(a) of the Federal Election
Campaign Act of 1971 (<external-xref legal-doc="usc" parsable-cite="usc/2/441d">2 U.S.C. 441d(a)</external-xref>) is amended by
striking <quote>for the purpose of financing communications expressly
advocating the election or defeat of a clearly identified candidate</quote> and
inserting <quote>for an independent expenditure consisting of a public
communication</quote>.</text>
</subsection><subsection id="HAA71413EBBEA4BF0971C99D056494232"><enum>(b)</enum><header>Stand by your ad
requirements</header>
<paragraph id="H8A704CAE5B8842568318F54C2A98BB18"><enum>(1)</enum><header>Maintenance of
existing requirements for communications by political parties and other
political committees</header><text>Section 318(d)(2) of such Act
(<external-xref legal-doc="usc" parsable-cite="usc/2/441d">2 U.S.C.
441d(d)(2)</external-xref>) is amended—</text>
<subparagraph id="H9E0EF353254A45A2AF332E6C28F4FC4D"><enum>(A)</enum><text>in the heading, by
striking <quote><header-in-text level="paragraph" style="OLC">others</header-in-text></quote> and inserting
<quote><header-in-text level="paragraph" style="OLC">political
committees</header-in-text></quote>;</text>
</subparagraph><subparagraph id="H188EC35FE03D4CF59F0184504DFF02FD"><enum>(B)</enum><text>by striking
<quote>subsection (a)</quote> and inserting <quote>subsection (a) which is paid
for by a political committee (including a political committee of a political
party), other than a political committee which is described in subsection
(e)(7)(B),</quote>; and</text>
</subparagraph><subparagraph id="HB132E2B645EA472D97504290D53D535E"><enum>(C)</enum><text>by striking
<quote>or other person</quote> each place it appears.</text>
</subparagraph></paragraph><paragraph id="H1FB93BF7AA43469BB5FD59B605E9A010"><enum>(2)</enum><header>Special
disclaimer requirements for certain communications</header><text>Section 318 of
such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/441d">2 U.S.C.
441d</external-xref>) is amended by adding at the end the following new
subsection:</text>
<quoted-block display-inline="no-display-inline" id="HDA25F2BCBA0640AE93E23FC9C5A7E41A" style="OLC">
<subsection commented="no" display-inline="no-display-inline" id="H439A0C319B2E40C581408FDF41C4C495"><enum>(e)</enum><header display-inline="yes-display-inline">Communications by others</header>
<paragraph commented="no" display-inline="no-display-inline" id="HBE8186E1A95F427E92C5C7A1191D8C80"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">Any communication
described in paragraph (3) of subsection (a) which is transmitted through radio
or television (other than a communication to which subsection (d)(2) applies
because the communication is paid for by a political committee, including a
political committee of a political party, other than a political committee
which is described in paragraph (7)(B)) shall include, in addition to the
requirements of that paragraph, the following:</text>
<subparagraph id="HEDAF95A1E32A4317804548226F5F8783"><enum>(A)</enum><text>The individual
disclosure statement described in paragraph (2) (if the person paying for the
communication is an individual) or the organizational disclosure statement
described in paragraph (3) (if the person paying for the communication is not
an individual).</text>
</subparagraph><subparagraph id="H7C8F5BB369D3473AB06B7C3E3561DD69"><enum>(B)</enum><text display-inline="yes-display-inline">If the communication is an electioneering
communication or an independent expenditure consisting of a public
communication and is paid for in whole or in part with a payment which is
treated as a disbursement by a covered organization for campaign-related
activity under section 325, the significant funder disclosure statement
described in paragraph (4) (if applicable), unless, on the basis of criteria
established in regulations promulgated by the Commission, the communication is
of such short duration that including the statement in the communication would
constitute a hardship to the person paying for the communication by requiring a
disproportionate amount of the communication’s content to consist of the
statement.</text>
</subparagraph><subparagraph id="HAE442438A0424035A5FC6C2D04FD609F"><enum>(C)</enum><text display-inline="yes-display-inline">If the communication is an electioneering
communication or an independent expenditure consisting of a public
communication and is paid for in whole or in part with a payment which is
treated as a disbursement by a covered organization for campaign-related
activity under section 325, the Top Five Funders list described in paragraph
(5) (if applicable), unless, on the basis of criteria established in
regulations promulgated by the Commission, the communication is of such short
duration that including the Top Five Funders list in the communication would
constitute a hardship to the person paying for the communication by requiring a
disproportionate amount of the communication’s content to consist of the Top
Five Funders list.</text>
</subparagraph></paragraph><paragraph display-inline="no-display-inline" id="H9A41F1BAFE6E44CDAD3BA8ACEA382002"><enum>(2)</enum><header>Individual
disclosure statement described</header><text>The individual disclosure
statement described in this paragraph is the following: <quote>I am _______, of
_______, _______, and I approve this message.</quote>, with—</text>
<subparagraph id="HFB9F538CD153424DB737F82A8ACF8195"><enum>(A)</enum><text>the first blank
filled in with the name of the applicable individual;</text>
</subparagraph><subparagraph id="H574D5A111B6F430F94735A9525C64AF8"><enum>(B)</enum><text display-inline="yes-display-inline">the second blank filled in with the local
jurisdiction in which the applicable individual resides; and</text>
</subparagraph><subparagraph id="HABFD7A6D85734134BF43109C8EB3BBDA"><enum>(C)</enum><text>the third blank
filled in with the State in which the applicable individual resides.</text>
</subparagraph></paragraph><paragraph display-inline="no-display-inline" id="HEAF86F33506F4F19B475A7DFDB2B10A1"><enum>(3)</enum><header>Organizational
disclosure statement described</header><text>The organizational disclosure
statement described in this paragraph is the following: <quote>I am _______,
the _______ of _______, located in _______, _______, and _______ approves this
message.</quote>, with—</text>
<subparagraph id="HB2944B6033A44EC39B013DA83BF29671"><enum>(A)</enum><text>the first blank to
be filled in with the name of the applicable individual;</text>
</subparagraph><subparagraph id="HC35653FCED524E3FACD04C0349FD529D"><enum>(B)</enum><text>the second blank
to be filled in with the title of the applicable individual;</text>
</subparagraph><subparagraph id="H78BB1FB06A9B4BB6B901A4B6C9D3DC49"><enum>(C)</enum><text>the third blank to
be filled in with the name of the organization or other person paying for the
communication;</text>
</subparagraph><subparagraph id="H130B6AEFF97E4D2897ED551E320D4EFE"><enum>(D)</enum><text display-inline="yes-display-inline">the fourth blank to be filled in with the
local jurisdiction in which such organization’s or person’s principal office is
located;</text>
</subparagraph><subparagraph id="H8AEB66EE6CFA43078E4FEFD5DC8D2F59"><enum>(E)</enum><text display-inline="yes-display-inline">the fifth blank to be filled in with the
State in which such organization’s or person’s principal office is located;
and</text>
</subparagraph><subparagraph id="H6EEE68AADE264AF29AE2A9AEEA53DDCD"><enum>(F)</enum><text>the sixth blank to
be filled in with the name of such organization or person.</text>
</subparagraph></paragraph><paragraph display-inline="no-display-inline" id="H8E95600922C14BF1AF146670C1B4545C"><enum>(4)</enum><header>Significant
funder disclosure statement described</header>
<subparagraph id="H75906FB1F5D74CECB8831D52F897BECE"><enum>(A)</enum><header>Statement if
significant funder is an individual</header><text display-inline="yes-display-inline">If the significant funder of a
communication paid for in whole or in part with a payment which is treated as a
disbursement by a covered organization for campaign-related activity under
section 325 is an individual, the significant funder disclosure statement
described in this paragraph is the following: <quote>I am _______, of _______,
_______. I helped to pay for this message, and I approve it.</quote>,
with—</text>
<clause id="H1B4A227A8F7C4668AE44623C0C37AEA9"><enum>(i)</enum><text>the first blank
filled in with the name of the applicable individual;</text>
</clause><clause id="H35F8BD46F7474518A611186E8D6731A0"><enum>(ii)</enum><text>the second blank
filled in with the local jurisdiction in which the applicable individual
resides; and</text>
</clause><clause id="H6E697FC646784C62A85F53525DB464CB"><enum>(iii)</enum><text>the third blank
filled in with the State in which the applicable individual resides.</text>
</clause></subparagraph><subparagraph id="HD6431DFE090F42E1916CDB99E491B527"><enum>(B)</enum><header>Statement if
significant funder is not an individual</header><text display-inline="yes-display-inline">If the significant funder of a
communication paid for in whole or in part with a payment which is treated as a
disbursement by a covered organization for campaign-related activity under
section 325 is not an individual, the significant funder disclosure statement
described in this paragraph is the following: <quote>I am _______, the _______
of _______, located in _______, _______. _______ helped to pay for this
message, and _______ approves it.</quote>, with—</text>
<clause id="H8B72352315A04923818B2A2635C66626"><enum>(i)</enum><text>the first blank to
be filled in with the name of the applicable individual;</text>
</clause><clause id="H6D21F4B6D60D4186AC6599376C8B06DC"><enum>(ii)</enum><text>the second blank
to be filled in with the title of the applicable individual;</text>
</clause><clause id="H6AAFA43CDCFB424DB374EEF0AD14C8EA"><enum>(iii)</enum><text>the third blank
to be filled in with the name of the significant funder of the
communication;</text>
</clause><clause id="H03632673728942A7B785A1CB3B6F2A3A"><enum>(iv)</enum><text>the fourth blank
to be filled in with the local jurisdiction in which the significant funder’s
principal office is located;</text>
</clause><clause id="H13F145DBFA0C469DBB5C142199EC360D"><enum>(v)</enum><text>the fifth blank to
be filled in with the State in which the significant funder’s principal office
is located; and</text>
</clause><clause id="H8A143BE47385418BA7954FD67BF06947"><enum>(vi)</enum><text>the sixth and
seventh blank each to be filled in with the name of the significant funder of
the communication.</text>
</clause></subparagraph><subparagraph id="H12B11F50FB9B483C8A6C22FDAFF3ACFD"><enum>(C)</enum><header>Significant
funder defined</header>
<clause id="H5444D598CD99446F8C217341127D91FF"><enum>(i)</enum><header>Independent
expenditures</header><text display-inline="yes-display-inline">For purposes of
this paragraph, the <quote>significant funder</quote> with respect to an
independent expenditure consisting of a public communication paid for in whole
or in part with a payment which is treated as a disbursement by a covered
organization for campaign-related activity under section 325 shall be
determined as follows:</text>
<subclause id="H29DAF843D98043928AACD4A1C0380B7F"><enum>(I)</enum><text display-inline="yes-display-inline">If any report filed by any organization
with respect to the independent expenditure under section 304 during the
12-month period which ends on the date of the disbursement includes information
on any person who made a payment to the organization in an amount equal to or
exceeding $100,000 which was designated by the person to be used for
campaign-related activity consisting of that specific independent expenditure
(as required to be included in the report under section 304(g)(5)(A)(i)), the
person who is identified among all such reports as making the largest such
payment.</text>
</subclause><subclause id="HF4705117008C46BE8C01F1E9AFF06D66"><enum>(II)</enum><text display-inline="yes-display-inline">If any report filed by any organization
with respect to the independent expenditure under section 304 during the
12-month period which ends on the date of the disbursement includes information
on any person who made a payment to the organization in an amount equal to or
exceeding $100,000 which was designated by the person to be used for
campaign-related activity with respect to the same election or in support of
the same candidate (as required to be included in the report under section
304(g)(5)(A)(i)) but subclause (I) does not apply, the person who is identified
among all such reports as making the largest such payment.</text>
</subclause><subclause id="H5CEFD71ADA9A45D2AD4159D1F683DA0B"><enum>(III)</enum><text display-inline="yes-display-inline">If any report filed by any organization
with respect to the independent expenditure under section 304 during the
12-month period which ends on the date of the disbursement includes information
on any person who made a payment to the organization in an amount equal to or
exceeding $10,000 which was provided for the purpose of being used for
campaign-related activity or in response to a solicitation for funds to be used
for campaign-related activity (as required to be included in the report under
section 304(g)(5)(A)(i)) but subclause (I) or subclause (II) does not apply,
the person who is identified among all such reports as making the largest such
payment.</text>
</subclause><subclause id="HABB16B6E468246BA83446AF4A811F575"><enum>(IV)</enum><text display-inline="yes-display-inline">If none of the reports filed by any
organization with respect to the independent expenditure under section 304
during the 12-month period which ends on the date of the disbursement includes
information on any person (other than the organization) who made a payment to
the organization in an amount equal to or exceeding $10,000 which was provided
for the purpose of being used for campaign-related activity or in response to a
solicitation for funds to be used for campaign-related activity, but any of
such reports includes information on any person who made an unrestricted donor
payment to the organization (as required to be included in the report under
section 304(g)(5)(A)(ii)) in an amount equal to or exceeding $10,000, the
person who is identified among all such reports as making the largest such
unrestricted donor payment.</text>
</subclause></clause><clause display-inline="no-display-inline" id="HA03EB156B3324406BD6173C32DEDB039"><enum>(ii)</enum><header>Electioneering
communications</header><text display-inline="yes-display-inline">For purposes
of this paragraph, the <quote>significant funder</quote> with respect to an
electioneering communication paid for in whole or in part with a payment which
is treated as a disbursement by a covered organization for campaign-related
activity under section 325, shall be determined as follows:</text>
<subclause id="H61B71B90D8444A9B981D72C428DC7F33"><enum>(I)</enum><text display-inline="yes-display-inline">If any report filed by any organization
with respect to the electioneering communication under section 304 during the
12-month period which ends on the date of the disbursement includes information
on any person who made a payment to the organization in an amount equal to or
exceeding $100,000 which was designated by the person to be used for
campaign-related activity consisting of that specific electioneering
communication (as required to be included in the report under section
304(f)(6)(A)(i)), the person who is identified among all such reports as making
the largest such payment.</text>
</subclause><subclause id="HB8E8C8A5C0AD45C48A8FEC150007C5C0"><enum>(II)</enum><text display-inline="yes-display-inline">If any report filed by any organization
with respect to the electioneering communication under section 304 during the
12-month period which ends on the date of the disbursement includes information
on any person who made a payment to the organization in an amount equal to or
exceeding $100,000 which was designated by the person to be used for
campaign-related activity with respect to the same election or in support of
the same candidate (as required to be included in the report under section
304(f)(6)(A)(i)) but subclause (I) does not apply, the person who is identified
among all such reports as making the largest such payment.</text>
</subclause><subclause id="H8ACA526BF94A4EB6B8E31EFCDF52FAFF"><enum>(III)</enum><text display-inline="yes-display-inline">If any report filed by any organization
with respect to the electioneering communication under section 304 during the
12-month period which ends on the date of the disbursement includes information
on any person who made a payment to the organization in an amount equal to or
exceeding $10,000 which was provided for the purpose of being used for
campaign-related activity or in response to a solicitation for funds to be used
for campaign-related activity (as required to be included in the report under
section 304(f)(6)(A)(i)) but subclause (I) or subclause (II) does not apply,
the person who is identified among all such reports as making the largest such
payment.</text>
</subclause><subclause id="H27D10F6532514D289E05F61C5A7DC2D6"><enum>(IV)</enum><text display-inline="yes-display-inline">If none of the reports filed by any
organization with respect to the electioneering communication under section 304
during the 12-month period which ends on the date of the disbursement includes
information on any person who made a payment to the organization in an amount
equal to or exceeding $10,000 which was provided for the purpose of being used
for campaign-related activity or in response to a solicitation for funds to be
used for campaign-related activity, but any of such reports includes
information on any person who made an unrestricted donor payment to the
organization (as required to be included in the report under section
304(f)(6)(A)(ii)) in an amount equal to or exceeding $10,000, the person who is
identified among all such reports as making the largest such unrestricted donor
payment.</text>
</subclause></clause></subparagraph></paragraph><paragraph id="H263EFCFDB46B49E189DE1000DF6EFC5C"><enum>(5)</enum><header>Top 5 Funders
list described</header><text display-inline="yes-display-inline">With respect
to a communication paid for in whole or in part with a payment which is treated
as a disbursement by a covered organization for campaign-related activity under
section 325, the Top 5 Funders list described in this paragraph is—</text>
<subparagraph id="HB3A780DBB1A4487AAADF900515776EDF"><enum>(A)</enum><text display-inline="yes-display-inline">in the case of a disbursement for an
independent expenditure consisting of a public communication, a list of the 5
persons (or, in the case of a communication transmitted through radio, the 2
persons) who provided the largest payments of any type in an aggregate amount
equal to or exceeding $10,000 which are required under section 304(g)(5)(A) to
be included in the reports filed by any organization with respect to that
independent expenditure under section 304 during the 12-month period which ends
on the date of the disbursement, together with the amount of the payments each
such person provided and the local jurisdiction and State in which each such
person lives (in the case of a person who is an individual) or is located (in
the case of any other person); or</text>
</subparagraph><subparagraph id="H47472F1ED0044CAA9BE35142704A59FB"><enum>(B)</enum><text display-inline="yes-display-inline">in the case of a disbursement for an
electioneering communication, a list of the 5 persons (or, in the case of a
communication transmitted through radio, the 2 persons) who provided the
largest payments of any type in an aggregate amount equal to or exceeding
$10,000 which are required under section 304(f)(6)(A) to be included in the
reports filed by any organization with respect to that electioneering
communication under section 304 during the 12-month period which ends on the
date of the disbursement, together with the amount of the payments each such
person provided and the local jurisdiction and State in which each such person
lives (in the case of a person who is an individual) or is located (in the case
of any other person).</text>
</subparagraph></paragraph><paragraph display-inline="no-display-inline" id="H5E92EBE9EDDF4CA0AC0EDE7096D506A6"><enum>(6)</enum><header>Method of
conveyance of statement</header>
<subparagraph id="HFFB9F69048624D279426D787F4361490"><enum>(A)</enum><header>Communications
transmitted through radio</header><text display-inline="yes-display-inline">In
the case of a communication to which this subsection applies which is
transmitted through radio, the disclosure statements required under paragraph
(1) shall be made by audio by the applicable individual in a clearly spoken
manner.</text>
</subparagraph><subparagraph id="H7424EC64965B44D3AA3ED408D771763F"><enum>(B)</enum><header>Communications
transmitted through television</header><text display-inline="yes-display-inline">In the case of a communication to which
this subsection applies which is transmitted through television, the
information required under paragraph (1)—</text>
<clause id="HAE92ED928E514035B44A8B90AD01A93A"><enum>(i)</enum><text>shall appear in
writing at the end of the communication in a clearly readable manner, with a
reasonable degree of color contrast between the background and the printed
statement, for a period of at least 6 seconds; and</text>
</clause><clause id="H888BDE18D7A941B9B168DE6181E17A6D"><enum>(ii)</enum><text>except in the
case of a Top 5 Funders list described in paragraph (5), shall also be conveyed
by an unobscured, full-screen view of the applicable individual, or by the
applicable individual making the statement in voice-over accompanied by a
clearly identifiable photograph or similar image of the individual.</text>
</clause></subparagraph></paragraph><paragraph id="H8D7AE74FA7334434B71A0ACDD40A13ED"><enum>(7)</enum><header>Application to
certain pacs</header>
<subparagraph id="H71F58048C4FE46EA80A142295470A940"><enum>(A)</enum><header>Application</header><text display-inline="yes-display-inline">This subsection shall apply with respect to
an electioneering communication, and to an independent expenditure consisting
of a public communication, which is paid for in whole or in part with a payment
by a political committee described in subparagraph (B) in the same manner as
this subsection applies with respect to an electioneering communication and an
independent expenditure consisting of a public communication which is paid for
in whole or in part with a payment which is treated as a disbursement by a
covered organization under section 325, except that—</text>
<clause id="HD18D2FF49A5C4B5A96C2F8C7CDA810C4"><enum>(i)</enum><text display-inline="yes-display-inline">in applying paragraph (4)(C), the
<quote>significant funder</quote> with respect to such an electioneering
communication or such an independent expenditure shall be the person who is
identified as providing the largest aggregate amount of contributions,
donations, or payments to the political committee during the 12-month period
which ends on the date the committee made the disbursement for the
electioneering communication or independent expenditure (as determined on the
basis of the information contained in all reports filed by the committee under
section 304 during such period); and</text>
</clause><clause id="HA62D83322AEF4BA5948F0E74C4FDE158"><enum>(ii)</enum><text display-inline="yes-display-inline">in applying paragraph (5), the <quote>Top 5
Funders list</quote> shall be a list of the 5 persons who are identified as
providing the largest aggregate amounts of contributions, donations, or
payments to the political committee during such 12-month period (as determined
on the basis of the information contained in all such reports).</text>
</clause></subparagraph><subparagraph id="H0B0938F21181462A99CBEE8939A94D98"><enum>(B)</enum><header>Political
committee described</header><text display-inline="yes-display-inline">A
political committee described in this subparagraph is a political committee
which receives or accepts contributions or donations which do not comply with
the contribution limits or source prohibitions of this Act.</text>
</subparagraph></paragraph><paragraph display-inline="no-display-inline" id="HCAD3ADCF00024FFB88502304CC07A712"><enum>(8)</enum><header>Applicable
individual defined</header><text>In this subsection, the term <term>applicable
individual</term> means, with respect to a communication to which this
paragraph applies—</text>
<subparagraph id="H153C8F557FA24F9E9AD8C3E3DDAF638C"><enum>(A)</enum><text display-inline="yes-display-inline">if the communication is paid for by an
individual or if the significant funder of the communication under paragraph
(4) is an individual, the individual involved;</text>
</subparagraph><subparagraph id="H65443E1D511A4A3F9A5308663CDE34B1"><enum>(B)</enum><text>if the
communication is paid for by a corporation or if the significant funder of the
communication under paragraph (4) is a corporation, the chief executive officer
of the corporation (or, if the corporation does not have a chief executive
officer, the highest ranking official of the corporation);</text>
</subparagraph><subparagraph id="H86733125415D42B9A80A6A6D5F4A0ACF"><enum>(C)</enum><text>if the
communication is paid for by a labor organization or if the significant funder
of the communication under paragraph (4) is a labor organization, the highest
ranking officer of the labor organization; or</text>
</subparagraph><subparagraph id="HAD9AF458521F4A1F861FE8A3EE446A3C"><enum>(D)</enum><text>if the
communication is paid for by any other person or if the significant funder of
the communication under paragraph (4) is any other person, the highest ranking
official of such person.</text>
</subparagraph></paragraph><paragraph display-inline="no-display-inline" id="HD8D78F84433E4CC08D95A323F92EE91D"><enum>(9)</enum><header>Covered
organization defined</header><text>In this subsection, the term <term>covered
organization</term> means any of the following:</text>
<subparagraph id="H33728559AA86470EA8946DF3D4CE8DD2"><enum>(A)</enum><text display-inline="yes-display-inline">Any corporation which is subject to section
316(a), other than a corporation which is an organization described in
paragraph (3) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such
Code.</text>
</subparagraph><subparagraph id="H9E98EF0919FA47789FA4BDAB473D06A7"><enum>(B)</enum><text>Any labor
organization (as defined in section 316).</text>
</subparagraph><subparagraph id="H46FC4C14D5E3414CA84BCF9A03115C6A"><enum>(C)</enum><text display-inline="yes-display-inline">Any organization described in paragraph
(4), (5), or (6) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such Code,
other than an exempt section 501(c)(4) organization (as defined in section
301(27)).</text>
</subparagraph><subparagraph id="HFB0128904EFB4E038C959AA21002EF14"><enum>(D)</enum><text>Any political
organization under <external-xref legal-doc="usc" parsable-cite="usc/26/527">section 527</external-xref> of the Internal Revenue
Code of 1986, other than a political committee under this Act.</text>
</subparagraph></paragraph><paragraph id="HBAB8139D28094CF38EBEE0280088C714"><enum>(10)</enum><header>Other
definitions</header><text>In this subsection, the terms <term>campaign-related
activity</term> and <term>unrestricted donor payment</term> have the meaning
given such terms in section
325.</text>
</paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="HBCF6B6DECD044CF18B945FF20DE0674D"><enum>(3)</enum><header>Application to
certain mass mailings</header><text display-inline="yes-display-inline">Section
318(a)(3) of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/441d">2 U.S.C. 441d(a)(3)</external-xref>) is amended to
read as follows:</text>
<quoted-block display-inline="no-display-inline" id="HA20DC0AE44ED40B7A418D53A3E8E1268" style="traditional">
<paragraph id="H00FFF44234CB483686B0DAC00590E2CD"><enum>(3)</enum><text>if not authorized
by a candidate, an authorized political committee of a candidate, or its
agents, shall clearly state—</text>
<subparagraph id="H110C021CB500421F984AF345B4C1754B"><enum>(A)</enum><text>the name and
permanent street address, telephone number, or World Wide Web address of the
person who paid for the communication;</text>
</subparagraph><subparagraph id="HD7CE36F2EF59474D8B313402175AA91F"><enum>(B)</enum><text display-inline="yes-display-inline">if the communication is an independent
expenditure consisting of a mass mailing (as defined in section 301(23)) which
is paid for in whole or in part with a payment which is treated as a
disbursement by a covered organization for campaign-related activity under
section 325, or which is paid for in whole or in part by a political committee
described in subsection (e)(7)(B), the name and permanent street address,
telephone number, or World Wide Web address of—</text>
<clause id="HCEA75592E5D14DB9907096E807E81E0E"><enum>(i)</enum><text display-inline="yes-display-inline">the significant funder of the
communication, if any (as determined in accordance with subsection (e)(4)(C)(i)
or (e)(7)(A)(i); and</text>
</clause><clause id="H62BC3D4313AD49FB914BE4F6EA95AC3F"><enum>(ii)</enum><text display-inline="yes-display-inline">each person who would be included in the
Top 5 Funders list which would be submitted with respect to the communication
if the communication were transmitted through television, if any (as determined
in accordance with subsection (e)(5) or (e)(7)(A)(ii)); and</text>
</clause></subparagraph><subparagraph id="H8DD6E10C648E49AEBCAFF8DD3C064506"><enum>(C)</enum><text>that the
communication is not authorized by any candidate or candidate’s
committee.</text>
</subparagraph></paragraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph><paragraph id="HA174CF150F9C42C884BE70FE013832D9"><enum>(4)</enum><header>Application to
political robocalls</header><text display-inline="yes-display-inline">Section
318 of such Act (<external-xref legal-doc="usc" parsable-cite="usc/2/441d">2
U.S.C. 441d</external-xref>), as amended by paragraph (2), is further amended
by adding at the end the following new subsection:</text>
<quoted-block display-inline="no-display-inline" id="HC480FB50A8204A2791D84D2799070168" style="OLC">
<subsection id="HBD51371490D140748FE88CD3C35006B1"><enum>(f)</enum><header>Special Rules
for Political Robocalls</header>
<paragraph id="H5C486522AA3349968C1E35376EE7A01E"><enum>(1)</enum><header>Requiring
communications to include certain disclaimer statements</header><text display-inline="yes-display-inline">Any communication consisting of a political
robocall which would be subject to the requirements of subsection (e) if the
communication were transmitted through radio or television shall include the
following:</text>
<subparagraph id="H3549CE22CDE940B3A255675E0D025E46"><enum>(A)</enum><text>The individual
disclosure statement described in subsection (e)(2) (if the person paying for
the communication is an individual) or the organizational disclosure statement
described in subsection (e)(3) (if the person paying for the communication is
not an individual).</text>
</subparagraph><subparagraph id="H90F64B44C1FB41598DFB1265907A4213"><enum>(B)</enum><text display-inline="yes-display-inline">If the communication is an electioneering
communication or an independent expenditure consisting of a public
communication and is paid for in whole or in part with a payment which is
treated as a disbursement by a covered organization for campaign-related
activity under section 325, or which is paid for in whole or in part by a
political committee described in subsection (e)(7)(B), the significant funder
disclosure statement described in subsection (e)(4) or (e)(7) (if
applicable).</text>
</subparagraph></paragraph><paragraph id="H0E766B36876F4EF39EF324F6BED4D4B9"><enum>(2)</enum><header>Timing of
certain statement</header><text display-inline="yes-display-inline">The
statements required to be included under paragraph (1) shall be made at the
beginning of the political robocall, unless, on the basis of criteria
established in regulations promulgated by the Commission, the communication is
of such short duration that including the statement in the communication would
constitute a hardship to the person paying for the communication by requiring a
disproportionate amount of the communication’s content to consist of the
statement.</text>
</paragraph><paragraph id="H66751A88D4FA40EBAB4AD10A05FFF2B9"><enum>(3)</enum><header>Political
robocall defined</header><text>In this subsection, the term <quote>political
robocall</quote> means any outbound telephone call—</text>
<subparagraph id="H0E1EA554BC754091B6B64C5D20E90D0D"><enum>(A)</enum><text display-inline="yes-display-inline">in which a person is not available to speak
with the person answering the call, and the call instead plays a recorded
message; and</text>
</subparagraph><subparagraph id="HFF5470A1595E42428299C28916831671"><enum>(B)</enum><text display-inline="yes-display-inline">which promotes, supports, attacks, or
opposes a candidate for election for Federal
office.</text>
</subparagraph></paragraph></subsection><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection></section><section id="HEDA715295B1D43A49A6B6EAF01EFF0E5"><enum>215.</enum><header>Indexing of
certain amounts</header><text display-inline="no-display-inline">Title III of
the Federal Election Campaign Act of 1971, as amended by section 213, is
amended by adding at the end the following new section:</text>
<quoted-block display-inline="no-display-inline" id="HE2DC3DB62BC64332A5ED2D286347CE42" style="OLC">
<section id="H3AD41223AE89463EBA1BD4956DAC1C7C"><enum>327.</enum><header>Indexing of
certain amounts</header>
<subsection id="H16D48167748940808C8C035F7ABE0F31"><enum>(a)</enum><header>Indexing</header><text display-inline="yes-display-inline">In any calendar year after 2010—</text>
<paragraph id="H3DE2242E85E74E479CFCA7356584BD19"><enum>(1)</enum><text>each of the
amounts referred to in subsection (b) shall be increased by the percent
difference determined under subparagraph (A) of section 315(c)(1), except that
for purposes of this paragraph, such percent difference shall be determined as
if the base year referred to in such subparagraph were 2009;</text>
</paragraph><paragraph id="H04039D96881F45948E5FD4B56C349757"><enum>(2)</enum><text>each amount so
increased shall remain in effect for the calendar year; and</text>
</paragraph><paragraph id="HD60136FD000F4D83A692B23BACF8B937"><enum>(3)</enum><text display-inline="yes-display-inline">if any amount after adjustment under
paragraph (1) is not a multiple of $100, such amount shall be rounded to the
nearest multiple of $100.</text>
</paragraph></subsection><subsection id="HFBF2BFF560374C4FA6E991A04B949A6F"><enum>(b)</enum><header>Amounts
described</header><text>The amounts referred to in this subsection are as
follows:</text>
<paragraph id="H8F75E04A3C2F4144969159073C7FDD6F"><enum>(1)</enum><text>The amount
referred to in section 304(g)(5)(A)(i)(I).</text>
</paragraph><paragraph id="H8BFA4B32B0A946B49FCB8617C1723A60"><enum>(2)</enum><text>The amount
referred to in section 304(g)(5)(A)(ii)(I).</text>
</paragraph><paragraph id="H658AD1476D3845869E7753B3885AD635"><enum>(3)</enum><text>Each of the
amounts referred to in section 304(g)(5)(A)(ii)(II).</text>
</paragraph><paragraph id="HAD44413A0C5748C9918BBC47BE0600A0"><enum>(4)</enum><text>The amount
referred to in section 304(g)(5)(B)(ii)(I)(ee).</text>
</paragraph><paragraph id="H85DA51877B4A4639990B2420FB4D7A9F"><enum>(5)</enum><text>The amount
referred to in section 304(g)(5)(B)(iii)(I).</text>
</paragraph><paragraph id="H25509E9767BE46048CDF2ECC68BFDD07"><enum>(6)</enum><text display-inline="yes-display-inline">The amount referred to in section
304(f)(6)(A)(i)(I).</text>
</paragraph><paragraph id="H54E6E0D6BE6842CA9C24462E66B0E933"><enum>(7)</enum><text display-inline="yes-display-inline">The amount referred to in section
304(f)(6)(A)(ii)(I).</text>
</paragraph><paragraph id="H41C5B50A99304F0F83DB2225D6C40DDF"><enum>(8)</enum><text display-inline="yes-display-inline">Each of the amounts referred to in section
304(f)(6)(A)(ii)(II).</text>
</paragraph><paragraph id="H3CD80CB3DD404642AC4B42801D3167EE"><enum>(9)</enum><text>The amount
referred to in section 304(f)(6)(B)(ii)(I)(ee).</text>
</paragraph><paragraph id="HA021C552809349D7B184F92A4D51AE5F"><enum>(10)</enum><text>The amount
referred to in section 304(f)(6)(B)(iii)(I).</text>
</paragraph><paragraph id="HB12442A0B99F4AB0947C00BEC3C8E99B"><enum>(11)</enum><text>The amount
referred to in section 317(b).</text>
</paragraph><paragraph id="HEB3A0E5E2FF74F72900389688C2F32CA"><enum>(12)</enum><text>Each of the
amounts referred to in section 318(e)(4)(C). <italic></italic></text>
</paragraph><paragraph id="HBDC2555E26E04286B0AD8DEADBB1C7A0"><enum>(13)</enum><text>The amount
referred to in section 325(d)(2)(B)(i)(V).</text>
</paragraph><paragraph id="HA48E519CE699491FBF4667311E5910F2"><enum>(14)</enum><text>The amount
referred to in section
325(d)(2)(C)(i).</text>
</paragraph></subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</section></subtitle><subtitle id="H43D0255E82D54336A3062A05A540B494"><enum>C</enum><header>Reporting
Requirements for Registered Lobbyists</header>
<section id="HC5277D15F6F24D3E96C4D4C5021D52E5"><enum>221.</enum><header>Requiring
registered lobbyists to report information on independent expenditures and
electioneering communications</header>
<subsection id="H2B04777380B24EB0B4152B384BA462C7"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">Section 5(d)(1) of
the Lobbying Disclosure Act of 1995 (<external-xref legal-doc="usc" parsable-cite="usc/2/1604">2 U.S.C. 1604(d)(1)</external-xref>) is
amended—</text>
<paragraph id="HC6B6FE5B6F554909A15443DF88251250"><enum>(1)</enum><text display-inline="yes-display-inline">by striking <quote>and</quote> at the end
of subparagraph (F);</text>
</paragraph><paragraph id="H4074D6B462294DCA9B14BABA08DC9F8D"><enum>(2)</enum><text display-inline="yes-display-inline">by redesignating subparagraph (G) as
subparagraph (I); and</text>
</paragraph><paragraph id="HC8E1AE19A755452C81FE3F16C3312A76"><enum>(3)</enum><text>by inserting after
subparagraph (F) the following new subparagraphs:</text>
<quoted-block display-inline="no-display-inline" id="H0E8D6789777D41B58F14FBC4800BE977" style="OLC">
<subparagraph id="H0AF3D678D23D4B818567F47062CD5A2C"><enum>(G)</enum><text display-inline="yes-display-inline">the amount of any independent expenditure
(as defined in section 301(17) of the Federal Election Campaign Act of 1971
(<external-xref legal-doc="usc" parsable-cite="usc/2/431">2 U.S.C.
431(17)</external-xref>) equal to or greater than $1,000 made by such person or
organization, and for each such expenditure the name of each candidate being
supported or opposed and the amount spent supporting or opposing each such
candidate;</text>
</subparagraph><subparagraph id="H92C92A1A3FD945EC9CB3087205498388"><enum>(H)</enum><text>the amount of any
electioneering communication (as defined in section 304(f)(3) of such Act
(<external-xref legal-doc="usc" parsable-cite="usc/2/434">2 U.S.C.
434(f)(3)</external-xref>) equal to or greater than $1,000 made by such person
or organization, and for each such communication the name of the candidate
referred to in the communication;
and</text>
</subparagraph><after-quoted-block>.</after-quoted-block></quoted-block>
</paragraph></subsection><subsection id="H5A9B00DA8EDC44AE81A2A0F28A71C279"><enum>(b)</enum><header>Effective
date</header><text>The amendments made by this section shall apply with respect
to reports for semiannual periods described in section 5(d)(1) of the Lobbying
Disclosure Act of 1995 that begin after the date of the enactment of this
Act.</text>
</subsection></section></subtitle><enum>III</enum><header>Disclosure by
Covered Organizations of Information on Campaign-Related Activity </header>
<section id="H4894D1A4A7E64F81BEF754273A309435"><enum>301.</enum><header>Requiring
disclosure by covered organizations of information on campaign-related
activity</header><text display-inline="no-display-inline">Title III of the
Federal Election Campaign Act of 1971 (<external-xref legal-doc="usc" parsable-cite="usc/2/431">2 U.S.C. 431 et seq.</external-xref>), as amended by
section 215, is amended by adding at the end the following new section:</text>
<quoted-block display-inline="no-display-inline" id="H929B504C476542048C5501FDCD1F3683" style="OLC">
<section id="H2559800FBC29470BB8C33F7E7877F17F"><enum>328.</enum><header>Disclosures by
Covered Organizations to Shareholders, Members, and Donors of Information on
Disbursements for Campaign-Related Activity</header>
<subsection id="H6D2855C6B8254888B5743C77C2780905"><enum>(a)</enum><header>Including
information in regular periodic reports</header>
<paragraph id="H359DF7F6F60F445DBFE3A84AB448E687"><enum>(1)</enum><header>In
general</header><text display-inline="yes-display-inline">A covered
organization which submits regular, periodic reports to its shareholders,
members, or donors on its finances or activities shall include in each such
report, in a clear and conspicuous manner, the information described in
paragraph (2) with respect to the disbursements made by the organization for
campaign-related activity during the period covered by the report.</text>
</paragraph><paragraph id="H132AB735364A474E8EE1779E3B040C31"><enum>(2)</enum><header>Information
described</header><text>The information described in this paragraph is, for
each disbursement for campaign-related activity—</text>
<subparagraph id="H040D45798CD0406FBC2A639F711D20AE"><enum>(A)</enum><text>the date of the
independent expenditure or electioneering communication involved;</text>
</subparagraph><subparagraph id="HD47AC6F53C004299969A64EF2B161089"><enum>(B)</enum><text>the amount of the
independent expenditure or electioneering communication involved;</text>
</subparagraph><subparagraph id="H8702813088444A2E9D1C970F3D6C4EDD"><enum>(C)</enum><text display-inline="yes-display-inline">the name of the candidate identified in the
independent expenditure or electioneering communication involved and the office
sought by the candidate;</text>
</subparagraph><subparagraph id="H3AAA551877CD42A09C5D0C625DF85061"><enum>(D)</enum><text>in the case of a
transfer of funds to another person, the information required by subparagraphs
(A) through (C), as well as the name of the recipient of the funds and the date
and amount of the funds transferred;</text>
</subparagraph><subparagraph id="H0E6B086BE3084704958C18FFC6EC1E77"><enum>(E)</enum><text>the source of such
funds; and</text>
</subparagraph><subparagraph id="H56D4E5494E0349488FB510517A396819"><enum>(F)</enum><text display-inline="yes-display-inline">such other information as the Commission
determines is appropriate to further the purposes of this subsection.</text>
</subparagraph></paragraph></subsection><subsection display-inline="no-display-inline" id="H26576823F4244ABAAE9279A9F27FEC4D"><enum>(b)</enum><header>Hyperlink to
information included in reports filed with commission</header>
<paragraph id="H2F6B0A27213646A68F7971A250D10334"><enum>(1)</enum><header>Requiring
posting of hyperlink</header><text display-inline="yes-display-inline">If a
covered organization maintains an Internet site, the organization shall post on
such Internet site a hyperlink from its homepage to the location on the
Internet site of the Commission which contains the following
information:</text>
<subparagraph id="HDA62002683F24FFD9B288EC2F5D3555C"><enum>(A)</enum><text>The information
the organization is required to report under section 304(g)(5)(A) with respect
to public independent expenditures.</text>
</subparagraph><subparagraph id="H267B6B73B7694F74A0357202FCD62411"><enum>(B)</enum><text>The information
the organization is required to include in a statement of disbursements for
electioneering communications under section 304(f)(6).</text>
</subparagraph></paragraph><paragraph id="HEFD5ED90B9D24CAAB35CF26697C0C50E"><enum>(2)</enum><header>Deadline;
duration of posting</header><text>The covered organization shall post the
hyperlink described in paragraph (1) not later than 24 hours after the
Commission posts the information described in such paragraph on the Internet
site of the Commission, and shall ensure that the hyperlink remains on the
Internet site of the covered organization until the expiration of the 1-year
period which begins on the date of the election with respect to which the
public independent expenditures or electioneering communications are
made.</text>
</paragraph></subsection><subsection id="H8BCD76EB76EB4B19BEBAF754FE253794"><enum>(c)</enum><header>Covered
Organization Defined</header><text>In this section, the term <term>covered
organization</term> means any of the following:</text>
<paragraph id="H4600E3AC3A0644D89837953E0DAFB9B3"><enum>(1)</enum><text display-inline="yes-display-inline">Any corporation which is subject to section
316(a), other than a corporation which is an organization described in
paragraph (3) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such
Code.</text>
</paragraph><paragraph id="H41C4C6F8C78F40EB9358CE1FFAE6B3D4"><enum>(2)</enum><text>Any labor
organization (as defined in section 316).</text>
</paragraph><paragraph id="H001208730A754A759186612439D94F7B"><enum>(3)</enum><text display-inline="yes-display-inline">Any organization described in paragraph
(4), (5), or (6) of <external-xref legal-doc="usc" parsable-cite="usc/26/501">section 501(c)</external-xref> of the Internal
Revenue Code of 1986 and exempt from tax under section 501(a) of such Code,
other than an exempt section 501(c)(4) organization (as defined in section
301(27)).</text>
</paragraph><paragraph id="H3E2C8716D8374A77BA4A7A6952466A2C"><enum>(4)</enum><text>Any political
organization under <external-xref legal-doc="usc" parsable-cite="usc/26/527">section 527</external-xref> of the Internal Revenue
Code of 1986, other than a political committee under this
Act.</text>
</paragraph></subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</section><enum>IV</enum><header>Other
Provisions</header>
<section id="HCFC3569F85314DB383C6D19D662274EC"><enum>401.</enum><header>Judicial
review</header>
<subsection id="H71AD902F9C9F4C749F14BCF240A4503E"><enum>(a)</enum><header>Special rules
for actions brought on constitutional grounds</header><text display-inline="yes-display-inline">If any action is brought for declaratory or
injunctive relief to challenge the constitutionality of any provision of this
Act or any amendment made by this Act, the following rules shall apply:</text>
<paragraph id="H883EDACDDEE345B28701B5162E125E50"><enum>(1)</enum><text display-inline="yes-display-inline">The action shall be filed in the United
States District Court for the District of Columbia, and an appeal from a
decision of the District Court may be taken to the Court of Appeals for the
District of Columbia Circuit.</text>
</paragraph><paragraph id="H9F628EB6E9CB4F91B702FB1DDC4C9181"><enum>(2)</enum><text>A
copy of the complaint shall be delivered promptly to the Clerk of the House of
Representatives and the Secretary of the Senate.</text>
</paragraph></subsection><subsection id="H2BDA9E437C624A48A1CCB99F155F681D"><enum>(b)</enum><header>Intervention by
members of congress</header><text display-inline="yes-display-inline">In any
action in which the constitutionality of any provision of this Act or any
amendment made by this Act is raised, any member of the House of
Representatives (including a Delegate or Resident Commissioner to the Congress)
or Senate who satisfies the requirements for standing under article III of the
Constitution shall have the right to intervene either in support of or
opposition to the position of a party to the case regarding the
constitutionality of the provision or amendment. To avoid duplication of
efforts and reduce the burdens placed on the parties to the action, the court
in any such action may make such orders as it considers necessary, including
orders to require intervenors taking similar positions to file joint papers or
to be represented by a single attorney at oral argument.</text>
</subsection><subsection id="H1449FAEE4E3C4E21A3E301CFFEA8C524"><enum>(c)</enum><header>Challenge by
Members of Congress</header><text>Any Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress) or Senate may
bring an action, subject to the special rules described in subsection (a), for
declaratory or injunctive relief to challenge the constitutionality of any
provision of this Act or any amendment made by this Act.</text>
</subsection></section><section id="HD98D41BB1ADB46C7A21912B8CAD93C96"><enum>402.</enum><header>No Effect on
Protections Against Threats, Harassments, and Reprisals</header><text display-inline="no-display-inline">Nothing in this Act or in any amendment made
by this Act shall be construed to affect any provision of law or any rule or
regulation which waives a requirement to disclose information relating to any
person in any case in which there is a reasonable probability that the
disclosure of the information would subject the person to threats, harassments,
or reprisals.</text>
</section><section id="H4144995583264F07912002B329A4FC5F"><enum>403.</enum><header>Severability</header><text display-inline="no-display-inline">If any provision of this Act or amendment
made by this Act, or the application of a provision or amendment to any person
or circumstance, is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.</text>
</section><section commented="no" display-inline="no-display-inline" id="H6C7925AD76394D3D8F7CDA5EFDE54853" section-type="subsequent-section"><enum>404.</enum><header>Effective
date</header><text display-inline="no-display-inline">Except as otherwise
provided, this Act and the amendments made by this Act shall take effect upon
the expiration of the 30-day period which begins on the date of the enactment
of this Act, and shall take effect without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out such
amendments.</text>
</section>
Passed the House of
Representatives June 24, 2010.
Lorraine C. Miller,
Clerk
June 29, 2010
Read the second time and placed on the
calendar