Public Markup

Applying Requirements to All Independent Expenditure and Electioneering Communications-­‐ Section 318(a) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d(a)) is amended by striking `for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate’ and inserting `for an independent expenditure or electioneering communication consisting of a public communication’.

Stand by Your Ad Requirements-­‐

1. MAINTENANCE OF EXISTING REQUIREMENTS FOR COMMUNICATIONS BY POLITICAL PARTIES AND OTHER POLITICAL COMMITTEES-­‐ Section 318(d)(2) of such Act (2 U.S.C. 441d(d)(2)) is amended—

   1. in the heading, by striking `OTHERS’ and inserting `POLITICAL COMMITTEES’;

   2. by striking `subsection (a)’ and inserting `subsection (a) which is paid for by a political committee (including a political committee of a political party)’; and

   3. by striking `or other person’ each place it appears.

2. SPECIAL DISCLAIMER REQUIREMENTS FOR CERTAIN COMMUNICATIONS-­‐ Section 318 of such Act (2 U.S.C. 441d) is amended by adding at the end the following new subsection:

   `(e) Communications by Others-­‐

   `(1) IN GENERAL-­‐ Any communication 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) shall include, in addition to the requirements of that paragraph, the following:

   `(A) The individual disclosure statement described in paragraph (2) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (3) (if the person paying for the communication is not an individual).

   `(B) 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).

   `(C) If the communication is transmitted through television and 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.

   `(2) INDIVIDUAL DISCLOSURE STATEMENT DESCRIBED-­‐ The individual disclosure statement described in this paragraph is the following: `I am XXXXXXX, and I approve this message.’, with the blank filled in with the name of the applicable individual.

   `(3) ORGANIZATIONAL DISCLOSURE STATEMENT DESCRIBED-­‐ The organizational disclosure statement described in this paragraph is the following: `I am XXXXXXX, the XXXXXXX of XXXXXXX, and XXXXXXX approves this message.’, with—

   `(A) the first blank to be filled in with the name of the applicable individual;

   `(B) the second blank to be filled in with the title of the applicable individual; and

   `(C) the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication.

   `(4) SIGNIFICANT FUNDER DISCLOSURE STATEMENT DESCRIBED-­‐

   `(A) STATEMENT IF SIGNIFICANT FUNDER IS AN INDIVIDUAL-­‐ If the significant funder of a communication paid for in whole or in part with a payment which is treated as a 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: `I am XXXXXXX. I helped to pay for this message, and I approve it.’, with the blank filled in with the name of the applicable individual.

   `(B) STATEMENT IF SIGNIFICANT FUNDER IS NOT AN INDIVIDUAL-­‐ If the significant funder of a communication paid for in whole or in part with a payment which is treated as a disbursement by a covered organization for campaign-­‐related activity under section 325 is not an individual, the significant funder disclosure statement described in this paragraph is the following: `I am XXXXXXX, the XXXXXXX of XXXXXXX. XXXXXXX helped to pay for this message, and XXXXXXX approves it.’, with-­‐-­‐

   `(i) the first blank to be filled in with the name of the applicable individual;

   `(ii) the second blank to be filled in with the title of the applicable individual; and

   `(iii) the third, fourth, and fifth blank each to be filled in with the name of the significant funder of the communication.

   `(C) SIGNIFICANT FUNDER DEFINED-­‐

   `(i) INDEPENDENT EXPENDITURES-­‐ For purposes of this paragraph, the `significant funder’ 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:

   `(I) If any report filed by any organization with respect to the independent expenditure under section 304 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.

   `(II) If any report filed by any organization with respect to the independent expenditure under section 304 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.

   `(III) If any report filed by any organization with respect to the independent expenditure under section 304 includes information on any person who made a payment to the organization 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.

   `(IV) If none of the reports filed by any organization with respect to the independent expenditure under section 304 includes information on any person (other than the organization) who made a payment to the organization 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)), the person who is identified among all such reports as making the largest such unrestricted donor payment.

   `(ii) ELECTIONEERING COMMUNICATIONS-­‐ For purposes of this paragraph, the `significant funder’ 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:

   `(I) If any report filed by any organization with respect to the electioneering communication under section 304 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.

   `(II) If any report filed by any organization with respect to the electioneering communication under section 304 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.

   `(III) If any report filed by any organization with respect to the electioneering communication under section 304 includes information on any person who made a payment to the organization 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.

   `(IV) If none of the reports filed by any organization with respect to the electioneering communication under section 304 includes information on any person who made a payment to the organization 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)), the person who is identified among all such reports as making the largest such unrestricted donor payment.

   `(5) TOP 5 FUNDERS LIST DESCRIBED-­‐ 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—

   `(A) in the case of a disbursement for an independent expenditure consisting of a public communication, a list of the 5 persons who provided the largest payments of any type 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, together with the amount of the payments each such person provided; or

   `(B) in the case of a disbursement for an electioneering communication, a list of the 5 persons who provided the largest payments of any type 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, together with the amount of the payments each such person provided.

   `(6) METHOD OF CONVEYANCE OF STATEMENT-­‐

   `(A) COMMUNICATIONS TRANSMITTED THROUGH RADIO-­‐ 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.

   `(B) COMMUNICATIONS TRANSMITTED THROUGH TELEVISION-­‐ In the case of a communication to which this subsection applies which is transmitted through television, the information required under paragraph (1)—

   `(i) 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

   `(ii) 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.

   `(7) APPLICABLE INDIVIDUAL DEFINED-­‐ In this subsection, the term `applicable individual’ means, with respect to a communication to which this paragraph applies—

   `(A) 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;

   `(B) 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);

   `(C) 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

   `(D) 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.

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