Public Markup

1. Revision of Definition-­‐ Subparagraph (A) of section 301(17) of the Federal Election Campaign Act of 1971 (2 U.S.C. 431(17)) is amended to read as follows:

   `(A) that, when taken as a whole, expressly advocates the election or defeat of a clearly identified candidate, or is the functional equivalent of express advocacy because it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate, taking into account whether the communication involved mentions a candidacy, a political party, or a challenger to a candidate, or takes a position on a candidate's character, qualifications, or fitness for office; and'

1. Period During Which Communications Treated as Electioneering Communications-­‐

   1. EXPANSION OF PERIOD-­‐ Section 304(f)(3)(A)(i)(II) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(f)(3)(A)(i)(II)) is amended to read as follows:

      `(II) is made during the period beginning with the date that is 90 days before the earliest of the primary election, preference election, or nominating convention with respect to the nomination for the office that the candidate is seeking and ending with the date of the general election for such office.'.

   2. EFFECTIVE DATE; TRANSITION FOR COMMUNICATIONS MADE PRIOR TO ENACTMENT-­‐ The amendment made by paragraph (1) shall apply with respect to communications made on or after the date of the enactment of this Act, without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments, except that no communication which is made prior to the date of the enactment of this Act shall be treated as an electioneering communication under section 304(f)(3)(A)(i)(II) of the Federal Election Campaign Act of 1971 (as amended by paragraph (1)) unless the communication would be treated as an electioneering communication under such section if the amendment made by paragraph (1) did not apply.

2. Requiring Reports To Include Information on Intended Target of Communications-­‐ Section 304(f)(2)(D) of such Act (2 U.S.C. 434(f)(2)(D)) is amended-­‐-­‐

   1. by striking `and the names' and inserting `, the names'; and

   2. by inserting `, and (if applicable) a statement regarding whether the communications are intended to support or oppose such candidates' before the period at the end.

1. Independent Expenditure Reports-­‐ Section 304(g) of the Federal Election Campaign Act of 1971 (2 U.S.C. 434(g)) is amended by adding at the end the following new paragraph:

   `(5) DISCLOSURE OF ADDITIONAL INFORMATION BY COVERED ORGANIZATIONS MAKING PAYMENTS FOR PUBLIC INDEPENDENT EXPENDITURES-­‐

   `(A) ADDITIONAL INFORMATION-­‐ If a covered organization makes or contracts to make public independent expenditures in an aggregate amount equal to or exceeding $10,000 in a calendar year, the report filed by the organization under this subsection shall include, in addition to the information required under paragraph (3), the following information:

   `(i) If any person made a donation or payment to the covered organization during the covered organization reporting period which was provided for the purpose of being used for campaign-­‐related activity or in response to a solicitation for funds to be used for campaign-­‐related activity-­‐-­‐

   `(I) subject to subparagraph (C), the identification of each person who made such donations or payments in an aggregate amount equal to or exceeding $1,000 during such period, presented in the order of the aggregate amount of donations or payments made by such persons during such period (with the identification of the person making the largest donation or payment appearing first); and

   `(II) if any person identified under subclause (I) designated that the donation or payment be used for campaign-­‐related activity with respect to a specific election or in support of a specific candidate, the name of the election or candidate involved, and if any such person designated that the donation or payment be used for a specific public independent expenditure, a description of the expenditure.

   `(ii) The identification of each person who made unrestricted donor payments to the organization during the covered organization reporting period—

   `(I) in an aggregate amount equal to or exceeding $1,000 during such period, if any of the disbursements made by the organization for any of the public independent expenditures which are covered by the report were not made from the organization's Campaign-­‐Related Activity Account under section 326; or

   `(II) in an aggregate amount equal to or exceeding $10,000 during such period, if the disbursements made by the organization for all of the public independent expenditures which are covered by the report were made exclusively from the organization's Campaign-­‐Related Activity Account under section 326 (but only if the organization has made deposits described in subparagraph (D) of section 326(a)(2) into that Account during such period in an aggregate amount equal to or greater than $10,000), presented in the order of the aggregate amount of payments made by such persons during such period (with the identification of the person making the largest payment appearing first).

   `(B) TREATMENT OF TRANSFERS MADE TO OTHER PERSONS-­‐

   `(i) IN GENERAL-­‐ For purposes of the requirement to file reports under this subsection (including the requirement under subparagraph (A) to include additional information in such reports), a covered organization which transfers amounts to another person for the purpose of making a public independent expenditure by that person or by any other person, or (in accordance with clause (ii)) which is deemed to have transferred amounts to another person for the purpose of making a public independent expenditure by that person or by any other person, shall be considered to have made a public independent expenditure.

   `(ii) RULES FOR DEEMING TRANSFERS MADE FOR PURPOSE OF MAKING EXPENDITURES-­‐ For purposes of clause (i), in determining whether a covered organization or any other person who transfers amounts to another person shall be deemed to have transferred the amounts for the purpose of making a public independent expenditure, the following rules apply:

   `(I) The person shall be deemed to have transferred the amounts for the purpose of making a public independent expenditure if—

   `(aa) the person making the public independent expenditure or another person acting on that person's behalf solicited funding from the person or from the person to whom the amounts were transferred for making any public independent expenditures,

   `(bb) the person and the person to whom the amounts were transferred engaged in substantial discussion (whether written or verbal) regarding the making of public independent expenditures,

   `(cc) the person or the person to whom the amounts were transferred knew or should have known of the covered organization's intent to make public independent expenditures, or

   `(dd) the person or the person to whom the amounts were transferred made a public independent expenditure during the election cycle involved or the previous election cycle (as defined in section 301(25)).

   `(II) The person shall not be deemed to have transferred the amounts for the purpose of making a public independent expenditure if the transfer was a commercial transaction occurring in the ordinary course of business between the person and the person to whom the amounts were transferred.

   `(C) EXCLUSION OF AMOUNTS DESIGNATED FOR OTHER CAMPAIGN-­‐RELATED ACTIVITY-­‐ For purposes of subparagraph (A)(i), in determining the amount of a donation or payment made by a person which was provided for the purpose of being used for campaign-­‐related activity or in response to a solicitation for funds to be used for campaign-­‐related activity, there shall be excluded any amount which was designated by the person to be used—

   `(i) for campaign-­‐related activity described in clause (i) of section 325(d)(2)(A) (relating to independent expenditures) with respect to a different election, or with respect to a candidate in a different election, than an election which is the subject of any of the public independent expenditures covered by the report involved; or

   `(ii) for any campaign-­‐related activity described in clause (ii) of section 325(d)(2)(A) (relating to electioneering communications).

   `(D) EXCLUSION OF AMOUNTS PAID FROM SEPARATE SEGREGATED FUND-­‐ In determining the amount of public independent expenditures made by a covered organization for purposes of this paragraph, there shall be excluded any amounts paid from a separate segregated fund established and administered by the organization under section 316(b)(2)(C).

   `(E) COVERED ORGANIZATION REPORTING PERIOD DESCRIBED-­‐ In this paragraph, the `covered organization reporting period' is, with respect to a report filed by a covered organization under this subsection-­‐-­‐

   `(i) in the case of the first report filed by a covered organization under this subsection which includes information required under this paragraph, the shorter of-­‐-­‐

   `(I) the period which begins on the effective date of this Act and ends on the last day covered by the report, or

   `(II) the 12-­‐month period ending on the last day covered by the report; and

   `(ii) in the case of any subsequent report filed by a covered organization under this subsection which includes information required under this paragraph, the period occurring since the most recent report filed by the organization which includes such information.

   `(F) DEFINITIONS-­‐ In this paragraph-­‐-­‐

   `(i) the terms `covered organization', `campaign-­‐related activity', and `unrestricted donor payment' have the meaning given such terms in section 325; and

   `(ii) the term `public independent expenditure' means an independent expenditure for a public communication (as defined in section 301(22)).'.

2. Electioneering Communication Reports-­‐ Section 304(f) of such Act (2 U.S.C. 434(f)) is amended—

   1. by redesignating paragraphs (6) and (7) as paragraphs (7) and (8); and

   2. by inserting after paragraph (5) the end the following new paragraph:

      `(6) DISCLOSURE OF ADDITIONAL INFORMATION BY COVERED ORGANIZATIONS-­‐

      `(A) ADDITIONAL INFORMATION-­‐ If a covered organization files a statement under this subsection, the statement shall include, in addition to the information required under paragraph (2), the following information:

      `(i) If any person made a donation or payment to the covered organization during the covered organization reporting period which was provided for the purpose of being used for campaign-­‐related activity or in response to a solicitation for funds to be used for campaign-­‐ related activity—

      `(I) subject to subparagraph (C), the identification of each person who made such donations or payments in an aggregate amount equal to or exceeding $1,000 during such period, presented in the order of the aggregate amount of donations or payments made by such persons during such period (with the identification of the person making the largest donation or payment appearing first); and

      `(II) if any person identified under subclause (I) designated that the donation or payment be used for campaign-­‐related activity with respect to a specific election or in support of a specific candidate, the name of the election or candidate involved, and if any such person designated that the donation or payment be used for a specific electioneering communication, a description of the communication.

      `(ii) The identification of each person who made unrestricted donor payments to the organization during the covered organization reporting period—

      `(I) in an aggregate amount equal to or exceeding $1,000 during such period, if any of the disbursements made by the organization for any of the electioneering communications which are covered by the statement were not made from the organization's Campaign-­‐Related Activity Account under section 326; or

      `(II) in an aggregate amount equal to or exceeding $10,000 during such period, if the disbursements made by the organization for all of the electioneering communications which are covered by the statement were made exclusively from the organization's Campaign-­‐Related Activity Account under section 326 (but only if the organization has made deposits described in subparagraph (D) of section 326(a)(2) into that Account during such period in an aggregate amount equal to or greater than $10,000), presented in the order of the aggregate amount of payments made by such persons during such period (with the identification of the person making the largest payment appearing first).

      `(B) TREATMENT OF TRANSFERS MADE TO OTHER PERSONS-­‐

      `(i) IN GENERAL-­‐ For purposes of the requirement to file statements under this subsection (including the requirement under subparagraph (A) to include additional information in such statements), a covered organization which transfers amounts to another person for the purpose of making an electioneering communication by that person or by any other person, or (in accordance with clause (ii)) which is deemed to have transferred amounts to another person for the purpose of making an electioneering communication by that person or by any other person, shall be considered to have made a disbursement for an electioneering communication.

      `(ii) RULES FOR DEEMING TRANSFERS MADE FOR PURPOSE OF MAKING COMMUNICATIONS-­‐ For purposes of clause (i), in determining whether a covered organization or any other person who transfers amounts to another person shall be deemed to have transferred the amounts for the purpose of making an electioneering communication, the following rules apply:

      `(I) The person shall be deemed to have transferred the amounts for the purpose of making an electioneering communication if—

      `(aa) the person making the public independent expenditure or another person acting on that person's behalf solicited funding from the person or from the person to whom the amounts were transferred for making any electioneering communications,

      `(bb) the person and the person to whom the amounts were transferred engaged in substantial discussion (whether written or verbal) regarding the making of electioneering communications,

      `(cc) the person or the person to whom the amounts were transferred knew or should have known of the covered organization's intent to make electioneering communications, or

      `(dd) the person or the person to whom the amounts were transferred made an electioneering communication during the election cycle involved or the previous election cycle (as defined in section 301(25)).

      `(II) The person shall not be considered to have transferred the amounts for the purpose of making an electioneering communication if the transfer was a commercial transaction occurring in the ordinary course of business between the person and the person to whom the amounts were transferred.

      `(C) EXCLUSION OF AMOUNTS DESIGNATED FOR OTHER CAMPAIGN-­‐RELATED ACTIVITY-­‐ For purposes of subparagraph (A)(i), in determining the amount of a donation or payment made by a person which was provided for the purpose of being used for campaign-­‐related activity or in response to a solicitation for funds to be used for campaign-­‐related activity, there shall be excluded any amount which was designated by the person to be used --

      `(i) for campaign-­‐related activity described in clause (ii) of section 325(d)(2)(A) (relating to electioneering communications) with respect to a different election, or with respect to a candidate in a different election, than an election which is the subject of any of the electioneering communications covered by the statement involved; or

      `(ii) for any campaign-­‐related activity described in clause (i) of section 325(d)(2)(A) (relating to independent expenditures consisting of a public communication).

      `(D) COVERED ORGANIZATION REPORTING PERIOD DESCRIBED-­‐ In this paragraph, the `covered organization reporting period' is, with respect to a statement filed by a covered organization under this subsection --

      `(i) in the case of the first statement filed by a covered organization under this subsection which includes information required under this paragraph, the shorter of --

      `(I) the period which begins on the effective date of this Act and ends on the disclosure date for the statement, or

      `(II) the 12-­‐month period ending on the disclosure date for the statement; and

      `(ii) in the case of any subsequent statement filed by a covered organization under this subsection which includes information required under this paragraph, the period occurring since the most recent statement filed by the organization which includes such information.

      `(E) DEFINITIONS-­‐ In this paragraph, the terms `covered organization', `campaign-­‐related activity', and `unrestricted donor payment' have the meaning given such terms in section 325.'.

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

`SEC. 325. SPECIAL RULES FOR USE OF GENERAL TREASURY FUNDS BY COVERED ORGANIZATIONS FOR CAMPAIGN-­RELATED ACTIVITY.

`(a) Use of Funds for Campaign-­‐Related Activity-­‐

`(1) IN GENERAL-­‐ Subject to any applicable restrictions and prohibitions under this Act, a covered organization may make disbursements for campaign-­‐related activity using—

`(A) amounts paid or donated to the organization which are designated by the person providing the amounts to be used for campaign-­‐related activity;

`(B) unrestricted donor payments made to the organization; and

`(C) other funds of the organization, including amounts received pursuant to commercial activities in the regular course of a covered organization's business.

`(2) NO EFFECT ON USE OF SEPARATE SEGREGATED FUND-­‐ Nothing in this section shall be construed to affect the authority of a covered organization to make disbursements from a separate segregated fund established and administered by the organization under section 316(b)(2)(C).

`(b) Restrictions on Use of Funds for Campaign-­‐Related Activity-­‐

`(1) CERTIFICATION AFTER RECEIVING NOTIFICATION BY DONOR TO NOT USE FUNDS FOR ACTIVITY-­‐ If any person who makes a donation, payment, or transfer to a covered organization (other than the covered organization) notifies the organization in writing (at the time of making the donation, payment, or transfer) that the organization may not use the donation, payment, or transfer for campaign-­‐related activity, not later than 7 days after the organization receives the donation, payment, or transfer the organization shall transmit to the person a written certification by the chief financial officer of the covered organization (or, if the organization does not have a chief financial officer, the highest ranking financial official of the organization), under penalty of perjury, that—

`(A) the organization will not use the donation, payment, or transfer for campaign-­‐related activity; and

`(B) the organization will not include any information on the person in any report filed by the organization under section 304 with respect to independent expenditures or electioneering communications, so that the person will not be required to appear in a significant funder statement or a Top 5 Funders list under section 318(e).

`(2) EXCEPTION FOR PAYMENTS MADE PURSUANT TO COMMERCIAL ACTIVITIES-­‐ Paragraph (1) does not apply with respect to any payment or transfer made pursuant to commercial activities in the regular course of a covered organization's business.

`(c) Certifications Regarding Disbursements for Campaign-­‐Related Activity-­‐

`(1) CERTIFICATION BY CHIEF EXECUTIVE OFFICER-­‐ If, at any time during a calendar quarter, a covered organization makes a disbursement of funds for campaign-­‐related activity using funds described in subsection (a)(1), the chief executive officer of the covered organization (or, if the organization does not have a chief executive officer, the highest ranking official of the organization), under penalty of perjury, shall file a statement with the Commission which contains the following certifications:

`(A) None of the campaign-­‐related activity for which the organization disbursed the funds during the quarter was made in cooperation, consultation, or concert with, or at the request or suggestion of, any candidate or any authorized committee or agent of such candidate, or political committee of a political party or agent of any political party.

`(B) The chief executive officer or highest ranking official of the covered organization (as the case may be) has reviewed and approved each statement and report filed by the organization under section 304 with respect to any such disbursement made during the quarter.

`(C) Each statement and report filed by the organization under section 304 with respect to any such disbursement made during the quarter is complete and accurate and does not contain an untrue statement of a material fact.

`(D) All such disbursements made during the quarter are in compliance with this Act and all other applicable Federal laws.

`(E) No portion of the amounts used to make any such disbursements during the quarter is attributable to funds received by the organization that were restricted by the person who provided the funds from being used for campaign-­‐related activity pursuant to subsection (b).

`(2) APPLICATION OF ELECTRONIC FILING RULES-­‐ Section 304(d)(1) shall apply with respect to a statement required under this subsection in the same manner as such section applies with respect to a statement under subsection (c) or (g) of section 304.

`(3) DEADLINE-­‐ The chief executive officer or highest ranking official of a covered organization (as the case may be) shall file the statement required under this subsection with respect to a calendar quarter not later than 15 days after the end of the quarter.

`(d) Definitions-­‐ For purposes of this section, the following definitions apply:

`(1) COVERED ORGANIZATION-­‐ The term `covered organization' means any of the following:

`(A) Any corporation which is subject to section 316(a).

`(B) Any labor organization (as defined in section 316).

`(C) Any organization described in paragraph (4), (5), or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code.

`(D) Any political organization under section 527 of the Internal Revenue Code of 1986, other than a political committee under this Act.

`(2) CAMPAIGN-­‐RELATED ACTIVITY-­‐

`(A) IN GENERAL-­‐ The term `campaign-­‐related activity' means—

`(i) an independent expenditure consisting of a public communication (as defined in section 301(22)), a transfer of funds to another person for the purpose of making such an independent expenditure by that person or by any other person, or (in accordance with subparagraph (B)) a transfer of funds to another person which is deemed to have been made for the purpose of making such an independent expenditure by that person or by any other person; or

`(ii) an electioneering communication, a transfer of funds to another person for the purpose of making an electioneering communication by that person or by any other person, or (in accordance with subparagraph (B)) a transfer of funds to another person which is deemed to have been made for the purpose of making an electioneering communication by that person or by any other person.

`(B) RULE FOR DEEMING TRANSFERS MADE FOR PURPOSE OF CAMPAIGN-­‐RELATED ACTIVITY-­‐ For purposes of subparagraph (A), in determining whether a transfer of funds by one person to another person shall be deemed to have been made for the purpose of making an independent expenditure consisting of a public communication or an electioneering communication, the following rules apply:

`(i) The transfer shall be deemed to have been made for the purpose of making such an independent expenditure or an electioneering communication if—

`(I) the person making the independent expenditure or electioneering communication or another person acting on that person's behalf solicited funding from the person or from the person to whom the amounts were transferred for the purpose of making any such independent expenditures or electioneering communications,

`(II) the person and the person to whom the amounts were transferred engaged in substantial discussion (whether written or verbal) regarding the making of such independent expenditures or electioneering communications,

`(III) the person or the person to whom the amounts were transferred knew or should have known of the covered organization's intent to disburse funds for campaign-­‐related activity, or

`(IV) the person or the person to whom the amounts were transferred made such an independent expenditure or electioneering communication during the election cycle involved or the previous election cycle (as defined in section 301(25)).

`(ii) The transfer shall not be deemed to have been made for the purpose of making such an independent expenditure or an electioneering communication if the transfer was a commercial transaction occurring in the ordinary course of business between the person and the person to whom the amounts were transferred.

`(3) UNRESTRICTED DONOR PAYMENT-­‐ The term `unrestricted donor payment' means a payment to a covered organization which consists of a donation or payment from a person other than the covered organization, except that such term does not include—

`(A) any payment made pursuant to commercial activities in the regular course of a covered organization's business;

`(B) any donation or payment which is designated by the person making the donation or payment to be used for campaign-­‐related activity or made in response to a solicitation for funds to be used for campaign-­‐related activity; or

`(C) any donation or payment made by a person who notifies the organization in writing (at the time of making the payment) that the organization may not use the donation or payment for campaign-­‐ related activity.'.

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

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

`(a) Optional Use of Separate Account-­‐

`(1) ESTABLISHMENT OF ACCOUNT-­‐

`(A) IN GENERAL-­‐ At its option, a covered organization described in section 325 may make disbursements for campaign-­‐related activity using amounts from a bank account established and controlled by the organization to be known as the Campaign-­‐Related Activity Account (hereafter in this section referred to as the `Account'), which shall be maintained separately from all other accounts of the organization and which shall consist exclusively of the deposits described in paragraph (2).

`(B) MANDATORY USE OF ACCOUNT AFTER ESTABLISHMENT-­‐ If a covered organization establishes an Account under this section, it may not make disbursements for campaign-­‐related activity from any source other than amounts from the Account.

`(C) EXCLUSIVE USE OF ACCOUNT FOR CAMPAIGN-­‐RELATED ACTIVITY-­‐ Amounts in the Account shall be used exclusively for disbursements by the covered organization for campaign-­‐ related activity. After such disbursements are made, information with respect to deposits made to the Account shall be disclosed in accordance with section 304(g)(5) or section 304(f)(6).

`(2) DEPOSITS DESCRIBED-­‐ The deposits described in this paragraph are deposits of the following amounts:

`(A) Amounts donated or paid to the covered organization by a person other than the organization for the purpose of being used for campaign-­‐related activity, and for which the person providing the amounts has designated that the amounts be used for campaign-­‐related activity with respect to a specific election or specific candidate.

`(B) Amounts donated or paid to the covered organization by a person other than the organization for the purpose of being used for campaign-­‐related activity, and for which the person providing the amounts has not designated that the amounts be used for campaign-­‐related activity with respect to a specific election or specific candidate.

`(C) Amounts donated or paid to the covered organization by a person other than the organization in response to a solicitation for funds to be used for campaign-­‐related activity.

`(D) Amounts transferred to the Account by the covered organization from other accounts of the organization, including from the organization's general treasury funds.

`(3) NO TREATMENT AS POLITICAL COMMITTEE-­‐ The establishment and administration of an Account in accordance with this subsection shall not by itself be treated as the establishment or administration of a political committee for any purpose of this Act.

`(b) Reduction in Amounts Otherwise Available for Account in Response to Demand of General Donors-­‐

`(1) IN GENERAL-­‐ If a covered organization which has established an Account obtains any revenues during a year which are attributable to a donation or payment from a person other than the covered organization, and if any person who makes such a donation or payment to the organization notifies the organization in writing (at the time of making the donation or payment) that the organization may not use the donation or payment for campaign-­‐related activity, the organization shall reduce the amount of its revenues available for deposits to the Account which are described in subsection (a)(3)(D) during the year by the amount of the donation or payment.

`(2) EXCEPTION-­‐ Paragraph (1) does not apply with respect to any payment made pursuant to commercial activities in the regular course of a covered organization's business.

`(c) Definitions-­‐ In this section, the terms `campaign-­‐related activity' and `covered organization' have the meaning given such terms in section 325.'.