,,ii ,calendar ,no4 #abj #aagth ,,congress #ast ,session ,s4 #bfga ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #f 7legislative day1 ,august #e71 #bjba,mr4 ,schumer introduced the following bill2 which was read the first time ,august #g1 #bjba,read the second time and placed on the calendar ,a ,,bill ,to amend the ,federal ,election ,campaign ,act of #aiga to provide for additional disclosure requirements for corporations1 labor organizations1 ,super ,p,a,cs and other entities1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,democracy ,is ,strengthened by ,casting ,light ,on ,spending in ,elections ,act of #bjba or the ,,disclose ,act of #bjba4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,closing ,loopholes ,allowing ,spending by ,foreign ,nationals in ,elections,sec4 #aja4 ,clarification of prohibition on participation by foreign nationals in election-related activities4,sec4 #ajb4 ,clarification of application of foreign money ban to certain disbursements and activities4,sec4 #ajc4 ,audit and report on illicit foreign money in ,federal elections4,sec4 #ajd4 ,prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda4,sec4 #aje4 ,disbursements and activities subject to foreign money ban4,sec4 #ajf4 ,prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals4,,title ,,ii--,reporting of ,campaign-,related ,disbursements,sec4 #bja4 ,reporting of campaign-related disbursements4,sec4 #bjb4 ,application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers4,sec4 #bjc4 ,effective date4,,title ,,iii--,other ,administrative ,reforms,sec4 #cja4 ,petition for certiorari4,sec4 #cjb4 ,judicial review of actions related to campaign finance laws4 ,i ,closing ,loopholes ,allowing ,spending by ,foreign ,nationals in ,elections #aja4 ,clarification of prohibition on participation by foreign nationals in election-related activities 7a7 ,clarification of prohibition ,section #cai7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;a77 is amended-- 7#a7 by striking or at the end of paragraph 7#a72 7#b7 by striking the period at the end of paragraph 7#b7 and inserting 2 or2 and 7#c7 by adding at the end the following new paragraph3 7#c7 a foreign national to direct1 dictate1 control1 or directly or indirectly participate in the decision making process of any person 7including a corporation1 labor organization1 political committee1 or political organization7 with regard to such person's ,federal or non-,federal election-related activity1 including any decision concerning the making of contributions1 donations1 expenditures1 or disbursements in connection with an election for any ,federal1 ,state1 or local office or any decision concerning the administration of a political committee4 4 7b7 ,certification of ,compliance ,section #cai of such ,act 7#eb ,u4,s4,c4 #cjaba7 is amended by adding at the end the following new subsection3 7c7 ,certification of compliance required prior to carrying out activity ,prior to the making in connection with an election for ,federal office of any contribution1 donation1 expenditure1 independent expenditure1 or disbursement for an electioneering communication by a corporation1 labor organization 7as defined in section #caf7;b771 limited liability corporation1 or partnership during a year1 the chief executive officer of the corporation1 labor organization1 limited liability corporation1 or partnership 7or1 if the corporation1 labor organization1 limited liability corporation1 or partnership does not have a chief executive officer1 the highest ranking official of the corporation1 labor organization1 limited liability corporation1 or partnership71 shall file a certification with the ,commission1 under penalty of perjury1 that a foreign national did not direct1 dictate1 control1 or directly or indirectly participate in the decision making process relating to such activity in violation of subsection 7a77#c71 unless the chief executive officer has previously filed such a certification during that calendar year4 4 7c7 ,effective date ,the amendments made by this section shall take effect upon the expiration of the #ahj-;day period which begins on the date of the enactment of this ,act1 and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 #ajb4 ,clarification of application of foreign money ban to certain disbursements and activities 7a7 ,application to disbursements to ,super ,p,a,cs and other persons ,section #cai7;b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;b77 is amended-- 7#a7 by redesignating paragraphs 7#a7 and 7#b7 as subparagraphs 7,a7 and 7,b71 respectively1 and by moving such subparagraphs #b ems to the right2 7#b7 by striking ,as used in this section1 the term foreign national means and inserting the following3 ,definitions4--,for purposes of this section-- 7#a7 ,foreign national ,the term 2 7#c7 by moving paragraphs 7#a7 and 7#b7 two ems to the right and redesignating them as subparagraphs 7,a7 and 7,b71 respectively2 and 7#d7 by adding at the end the following new paragraph3 7#b7 ,contribution and donation ,for purposes of paragraphs 7#a7 and 7#b7 of subsection 7a71 the term contribution or donation includes any disbursement to a political committee which accepts donations or contributions that do not comply with any of the limitations1 prohibitions1 and reporting requirements of this ,act 7or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions71 or to any other person for the purpose of funding an expenditure1 independent expenditure1 or electioneering communication 7as defined in section #cjd7;f77#c774 4 7b7 ,conditions under which corporate ,p,a,cs may make contributions and expenditures ,section #caf7;b7 of such ,act 7#eb ,u4,s4,c4 #cjaah7;b77 is amended by adding at the end the following new paragraph3 7#h7 ,a separate segregated fund established by a corporation may not make a contribution or expenditure during a year unless the fund has certified to the ,commission the following during the year3 7,a7 ,each individual who manages the fund1 and who is responsible for exercising decisionmaking authority for the fund1 is a citizen of the ,united ,states or is lawfully admitted for permanent residence in the ,united ,states4 7,b7 ,no foreign national under section #cai participates in any way in the decisionmaking processes of the fund with regard to contributions or expenditures under this ,act4 7,c7 ,the fund does not solicit or accept recommendations from any foreign national under section #cai with respect to the contributions or expenditures made by the fund4 7,d7 ,any member of the board of directors of the corporation who is a foreign national under section #cai abstains from voting on matters concerning the fund or its activities4 4 #ajc4 ,audit and report on illicit foreign money in ,federal elections 7a7 ,in general ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by inserting after section #cai the following new section3 #cai;,a4 ,audit and report on disbursements by foreign nationals 7a7 ,audit 7#a7 ,in general ,the ,commission shall conduct an audit after each ,federal election cycle to determine the incidence of illicit foreign money in such ,federal election cycle4 7#b7 ,procedures ,in carrying out paragraph 7#a71 the ,commission shall conduct random audits of any disbursements required to be reported under this ,act1 in accordance with procedures established by the ,commission4 7b7 ,report ,not later than #ahj days after the end of each ,federal election cycle1 the ,commission shall submit to ,congress a report containing-- 7#a7 results of the audit required by subsection 7a77#a72 7#b7 an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among rural communities and the success or failure of these efforts1 together with recommendations to address these efforts in future elections2 7#c7 an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on depressing turnout among ,african-,american and other minority communities and the success or failure of these efforts1 together with recommendations to address these efforts in future elections2 7#d7 an analysis of the extent to which illicit foreign money was used to carry out disinformation and propaganda campaigns focused on influencing military and veteran communities and the success or failure of these efforts1 together with recommendations to address these efforts in future elections2 and 7#e7 recommendations to address the presence of illicit foreign money in elections1 as appropriate4 7c7 ,definitions ,as used in this section3 7#a7 ,the term ,federal election cycle means the period which begins on the day after the date of a regularly scheduled general election for ,federal office and which ends on the date of the first regularly scheduled general election for ,federal office held after such date4 7#b7 ,the term illicit foreign money means any disbursement by a foreign national 7as defined in section #cai7;b77 prohibited under such section4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to the ,federal election cycle that began during ,november #bjbj1 and each succeeding ,federal election cycle4 #ajd4 ,prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda 7a7 ,in general ,section #cai7;b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;b771 as amended by section #ajb7;a71 is amended by adding at the end the following new paragraph3 7#c7 ,federal1 ,state1 or local election ,the term ,federal1 ,state1 or local election includes a ,state or local ballot initiative or referendum4 4 7b7 ,effective date ,the amendment made by this section shall apply with respect to elections held in #bjbb or any succeeding year4 #aje4 ,disbursements and activities subject to foreign money ban 7a7 ,disbursements described ,section #cai7;a77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;a77#a771 as amended by section #aja1 is amended-- 7#a7 by striking or at the end of subparagraph 7,b72 and 7#b7 by striking subparagraph 7,c7 and inserting the following3 7,c7 an expenditure2 7,d7 an independent expenditure2 7,e7 a disbursement for an electioneering communication 7within the meaning of section #cjd7;f77#c772 7,f7 a disbursement for a communication which is placed or promoted for a fee on a website1 web application1 or digital application that refers to a clearly identified candidate for election for ,federal office and is disseminated within #fj days before a general1 special or runoff election for the office sought by the candidate or #cj days before a primary or preference election1 or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate2 7,g7 a disbursement for a broadcast1 cable or satellite communication1 or for a communication which is placed or promoted for a fee on a website1 web application1 or digital application1 that promotes1 supports1 attacks or opposes the election of a clearly identified candidate for ,federal1 ,state1 or local office 7regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy72 7,h7 a disbursement for a broadcast1 cable1 or satellite communication1 or for any communication which is placed or promoted for a fee on an online platform1 that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for ,federal office is held1 but only if the disbursement is made by a covered foreign national2 7,i7 a disbursement by a covered foreign national to compensate any person for internet activity that promotes1 supports1 attacks or opposes the election of a clearly identified candidate for ,federal1 ,state1 or local office 7regardless of whether the activity contains express advocacy or the functional equivalent of express advocacy72 or 7,j7 a disbursement for a ,federal judicial nomination communication 7as defined in section #cbd7;d77#c772 4 7b7 ,online platform ,section #cai7;b7 of such ,act 7#ea ,u4,s4,c4 #cjaba7;b771 as amended by sections #ajb7;a7 and #ajd1 is amended by adding at the end the following new paragraphs3 7#d7 ,online platform 7,a7 ,in general ,subject to subparagraph 7,b71 the term online platform means any public-facing website1 web application1 or digital application 7including a social network1 ad network1 or search engine7 which-- 7i7 7,i7 sells qualified political advertisements2 and 7,,ii7 has #ej1jjj1jjj or more unique monthly ,united ,states visitors or users for a majority of months during the preceding #ab months2 or 7ii7 is a third-party advertising vendor that has #ej1jjj1jjj or more unique monthly ,united ,states visitors in the aggregate on any advertisement space that it has sold or bought for a majority of months during the preceding #ab months1 as measured by an independent digital ratings service accredited by the ,media ,ratings ,council 7or its successor74 7,b7 ,exemption ,such term shall not include any online platform that is a distribution facility of any broadcasting station or newspaper1 magazine1 blog1 publication1 or periodical4 7,c7 ,qualified political advertisement ,for purposes of this paragraph1 the term qualified political advertisement means any advertisement 7including search engine marketing1 display advertisements1 video advertisements1 native advertisements1 and sponsorships7 that-- 7i7 is made by or on behalf of a candidate2 or 7ii7 communicates a message relating to any political matter of national importance1 including-- 7,i7 a candidate2 7,,ii7 any election to ,federal office2 or 7,,iii7 a national legislative issue of public importance4 7,d7 ,third-party advertising vendor defined ,for purposes of this paragraph1 the term third-party advertising vendor includes1 but is not limited to1 any third-party advertising vendor network1 advertising agency1 advertiser1 or third-party advertisement serving company that buys and sells advertisement space on behalf of unaffiliated third-party websites1 search engines1 digital applications1 or social media sites4 7#e7 ,covered foreign national 7,a7 ,in general ,the term covered foreign national means-- 7i7 a foreign principal 7as defined in section #a7;b7 of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa7;b77 that is a government of a foreign country or a foreign political party2 7ii7 any person who acts as an agent1 representative1 employee1 or servant1 or any person who acts in any other capacity at the order1 request1 or under the direction or control1 of a foreign principal described in clause 7i7 or of a person any of whose activities are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized in whole or in major part by a foreign principal described in clause 7i72 or 7iii7 any person included in the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury pursuant to authorities relating to the imposition of sanctions relating to the conduct of a foreign principal described in clause 7i74 7,b7 ,clarification regarding application to citizens of the ,united ,states ,in the case of a citizen of the ,united ,states1 clause 7ii7 of subparagraph 7,a7 applies only to the extent that the person involved acts within the scope of that person's status as the agent of a foreign principal described clause 7i7 of subparagraph 7,a74 4 7c7 ,effective date ,the amendments made by this section shall apply with respect to disbursements made on or after the date of the enactment of this ,act4 #ajf4 ,prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals 7a7 ,prohibition ,chapter #bi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #fab4 ,establishment of corporation to conceal election contributions and donations by foreign nationals 7a7 ,offense ,it shall be unlawful for an owner1 officer1 attorney1 or incorporation agent of a corporation1 company1 or other entity to establish or use the corporation1 company1 or other entity with the intent to conceal an activity of a foreign national 7as defined in section #cai of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba77 prohibited under such section #cai4 7b7 ,penalty ,any person who violates subsection 7a7 shall be imprisoned for not more than #e years1 fined under this title1 or both4 4 7b7 ,table of sections ,the table of sections for chapter #bi of title #ah1 ,united ,states ,code1 is amended by inserting after the item relating to section #faa the following3 #fab4 ,establishment of corporation to conceal election contributions and donations by foreign nationals4 4 ,,ii ,reporting of ,campaign-,related ,disbursements #bja4 ,reporting of campaign-related disbursements 7a7 ,disclosure requirements for corporations1 labor organizations1 and certain other entities 7#a7 ,in general ,section #cbd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabf7 is amended to read as follows3 #cbd4 ,disclosure of campaign-related disbursements by covered organizations 7a7 ,disclosure statement 7#a7 ,in general ,any covered organization that makes campaign-related disbursements aggregating more than #aj1jjj in an election reporting cycle shall1 not later than #bd hours after each disclosure date1 file a statement with the ,commission made under penalty of perjury that contains the information described in paragraph 7#b7-- 7,a7 in the case of the first statement filed under this subsection1 for the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the first such disclosure date7 and ending on the first such disclosure date2 and 7,b7 in the case of any subsequent statement filed under this subsection1 for the period beginning on the previous disclosure date and ending on such disclosure date4 7#b7 ,information described ,the information described in this paragraph is as follows3 7,a7 ,the name of the covered organization and the principal place of business of such organization and1 in the case of a covered organization that is a corporation 7other than a business concern that is an issuer of a class of securities registered under section #ab of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #ghl7 or that is required to file reports under section #ae7;d7 of that ,act 7#ae ,u4,s4,c4 #gho7d777 or an entity described in subsection 7e77#b71 a list of the beneficial owners 7as defined in paragraph 7#d77;,a77 of the entity that-- 7i7 identifies each beneficial owner by name and current residential or business street address2 and 7ii7 if any beneficial owner exercises control over the entity through another legal entity1 such as a corporation1 partnership1 limited liability company1 or trust1 identifies each such other legal entity and each such beneficial owner who will use that other entity to exercise control over the entity4 7,b7 ,the amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than #a1jjj1 and the name and address of the person to whom the disbursement was made4 7,c7 ,in the case of a campaign-related disbursement that is not a covered transfer1 the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication1 the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate4 7,d7 ,a certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation1 consultation1 or concert with or at the request or suggestion of a candidate1 authorized committee1 or agent of a candidate1 political party1 or agent of a political party4 7,e7 7i7 ,if the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account1 for each such payment to the account-- 7,i7 the name and address of each person who made such payment during the period covered by the statement2 7,,ii7 the date and amount of such payment2 and 7,,iii7 the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the disclosure date7 and ending on the disclosure date1 but only if such payment was made by a person who made payments to the account in an aggregate amount of #aj1jjj or more during the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the disclosure date7 and ending on the disclosure date4 7ii7 ,in any calendar year after #bjbb1 section #cae7;c77#a77;,b7 shall apply to the amount described in clause 7i7 in the same manner as such section applies to the limitations established under subsections 7a77#a77;,a71 7a77#a77;,b71 7a77#c71 and 7h7 of such section1 except that for purposes of applying such section to the amounts described in subsection 7b71 the base period shall be calendar year #bjbb4 7,f7 7i7 ,if the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph 7,e71 for each payment to the covered organization-- 7,i7 the name and address of each person who made such payment during the period covered by the statement2 7,,ii7 the date and amount of such payment2 and 7,,iii7 the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the disclosure date7 and ending on the disclosure date1 but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of #aj1jjj or more during the period beginning on the first day of the election reporting cycle 7or1 if earlier1 the period beginning one year before the disclosure date7 and ending on the disclosure date4 7ii7 ,in any calendar year after #bjbb1 section #cae7;c77#a77;,b7 shall apply to the amount described in clause 7i7 in the same manner as such section applies to the limitations established under subsections 7a77#a77;,a71 7a77#a77;,b71 7a77#c71 and 7h7 of such section1 except that for purposes of applying such section to the amounts described in subsection 7b71 the base period shall be calendar year #bjbb4 7,g7 ,such other information as required in rules established by the ,commission to promote the purposes of this section4 7#c7 ,exceptions 7,a7 ,amounts received in ordinary course of business ,the requirement to include in a statement filed under paragraph 7#a7 the information described in paragraph 7#b7 shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments 7other than investments by the principal shareholder in a limited liability corporation7 in the covered organization4 ,for purposes of this subparagraph1 amounts received by a covered organization as remittances from an employee to the employee's collective bargaining representative shall be treated as amounts received in commercial transactions in the ordinary course of the business conducted by the covered organization4 7,b7 ,donor restriction on use of funds ,the requirement to include in a statement submitted under paragraph 7#a7 the information described in subparagraph 7,f7 of paragraph 7#b7 shall not apply if-- 7i7 the person described in such subparagraph prohibited1 in writing1 the use of the payment made by such person for campaign-related disbursements2 and 7ii7 the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements4 7,c7 ,threat of harassment or reprisal ,the requirement to include any information relating to the name or address of any person 7other than a candidate7 in a statement submitted under paragraph 7#a7 shall not apply if the inclusion of the information would subject the person to serious threats1 harassment1 or reprisals4 7#d7 ,other definitions ,for purposes of this section3 7,a7 ,beneficial owner defined 7i7 ,in general ,except as provided in clause 7ii71 the term beneficial owner means1 with respect to any entity1 a natural person who1 directly or indirectly-- 7,i7 exercises substantial control over an entity through ownership1 voting rights1 agreement1 or otherwise2 or 7,,ii7 has a substantial interest in or receives substantial economic benefits from the assets of an entity4 7ii7 ,exceptions ,the term beneficial owner shall not include-- 7,i7 a minor child2 7,,ii7 a person acting as a nominee1 intermediary1 custodian1 or agent on behalf of another person2 7,,iii7 a person acting solely as an employee of an entity and whose control over or economic benefits from the entity derives solely from the employment status of the person2 7,,iv7 a person whose only interest in an entity is through a right of inheritance1 unless the person also meets the requirements of clause 7i72 or 7,v7 a creditor of an entity1 unless the creditor also meets the requirements of clause 7i74 7iii7 ,anti-abuse rule ,the exceptions under clause 7ii7 shall not apply if used for the purpose of evading1 circumventing1 or abusing the provisions of clause 7i7 or paragraph 7#b77;,a74 7,b7 ,disclosure date ,the term disclosure date means-- 7i7 the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than #aj1jjj2 and 7ii7 any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than #aj1jjj since the most recent disclosure date for such election reporting cycle4 7,c7 ,election reporting cycle ,the term election reporting cycle means the #b-year period beginning on the date of the most recent general election for ,federal office1 except that in the case of a campaign-related disbursement for a ,federal judicial nomination communication1 such term means any calendar year in which the campaign-related disbursement is made4 7,d7 ,payment ,the term payment includes any contribution1 donation1 transfer1 payment of dues1 or other payment4 7b7 ,coordination with other provisions 7#a7 ,other reports filed with the ,commission ,information included in a statement filed under this section may be excluded from statements and reports filed under section #cjd4 7#b7 ,treatment as separate segregated fund ,a segregated bank account referred to in subsection 7a77#b77;,e7 may be treated as a separate segregated fund for purposes of section #ebg7;f77#c7 of the ,internal ,revenue ,code of #aihf4 7c7 ,filing ,statements required to be filed under subsection 7a7 shall be subject to the requirements of section #cjd7;d7 to the same extent and in the same manner as if such reports had been required under subsection 7c7 or 7g7 of section #cjd4 7d7 ,campaign-,related disbursement defined 7#a7 ,in general ,in this section1 the term campaign-related disbursement means a disbursement by a covered organization for any of the following3 7,a7 ,an independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for ,federal office1 or is the functional equivalent of express advocacy because1 when taken as a whole1 it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for ,federal office4 7,b7 ,an applicable public communication4 7,c7 ,an electioneering communication1 as defined in section #cjd7;f77#c74 7,d7 ,a ,federal judicial nomination communication4 7,e7 ,a covered transfer4 7#b7 ,applicable public communications 7,a7 ,in general ,the term applicable public communication means any public communication that refers to a clearly identified candidate for election for ,federal office and which promotes or supports the election of a candidate for that office1 or attacks or opposes the election of a candidate for that office1 without regard to whether the communication expressly advocates a vote for or against a candidate for that office4 7,b7 ,exception ,such term shall not include any news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any print1 online1 or digital newspaper1 magazine1 publication1 or periodical1 unless such facilities are owned or controlled by any political party1 political committee1 or candidate4 7#c7 ,federal judicial nomination communication 7,a7 ,in general ,the term ,federal judicial nomination communication means any communication-- 7i7 that is by means of any broadcast1 cable1 or satellite1 paid internet1 or paid digital communication1 paid promotion1 newspaper1 magazine1 outdoor advertising facility1 mass mailing1 telephone bank1 telephone messaging effort of more than #ejj substantially similar calls or electronic messages within a #cj-;day period1 or any other form of general public political advertising2 and 7ii7 which promotes1 supports1 attacks1 or opposes the nomination or ,senate confirmation of an individual as a ,federal judge or justice4 7,b7 ,exception ,such term shall not include any news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any print1 online1 or digital newspaper1 magazine1 publication1 or periodical1 unless such facilities are owned or controlled by any political party1 political committee1 or candidate4 7#d7 ,intent not required ,a disbursement for an item described in subparagraph 7,a71 7,b71 7,c71 7,d71 or 7,e7 of paragraph 7#a7 shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement4 7e7 ,covered organization defined ,in this section1 the term covered organization means any of the following3 7#a7 ,a corporation 7other than an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf74 7#b7 ,a limited liability corporation that is not otherwise treated as a corporation for purposes of this ,act 7other than an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf74 7#c7 ,an organization described in section #eja7;c7 of such ,code and exempt from taxation under section #eja7;a7 of such ,code 7other than an organization described in section #eja7;c77#c7 of such ,code74 7#d7 ,a labor organization 7as defined in section #caf7;b774 7#e7 ,any political organization under section #ebg of the ,internal ,revenue ,code of #aihf1 other than a political committee under this ,act 7except as provided in paragraph 7#f774 7#f7 ,a political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this ,act1 but only with respect to such accounts4 7f7 ,covered transfer defined 7#a7 ,in general ,in this section1 the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization-- 7,a7 designates1 requests1 or suggests that the amounts be used for-- 7i7 campaign-related disbursements 7other than covered transfers72 or 7ii7 making a transfer to another person for the purpose of making or paying for such campaign-related disbursements2 7,b7 made such transfer or payment in response to a solicitation or other request for a donation or payment for-- 7i7 the making of or paying for campaign-related disbursements 7other than covered transfers72 or 7ii7 making a transfer to another person for the purpose of making or paying for such campaign-related disbursements2 7,c7 engaged in discussions with the recipient of the transfer or payment regarding-- 7i7 the making of or paying for campaign-related disbursements 7other than covered transfers72 or 7ii7 donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements2 7,d7 made campaign-related disbursements 7other than a covered transfer7 in an aggregate amount of #ej1jjj or more during the #b-year period ending on the date of the transfer or payment1 or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that #b-year period2 or 7,e7 knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of #ej1jjj or more during the #b-year period beginning on the date of the transfer or payment4 7#b7 ,exclusions ,the term covered transfer does not include any of the following3 7,a7 ,a disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization4 7,b7 ,a disbursement made by a covered organization if-- 7i7 the covered organization prohibited1 in writing1 the use of such disbursement for campaign-related disbursements2 and 7ii7 the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements4 7#c7 ,special rule regarding transfers among affiliates 7,a7 ,special rule ,a transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under subparagraph 7,c7 shall be considered a covered transfer by 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 #ej1jjj4 7,b7 ,determination of amount of certain payments among affiliates ,in determining the amount of a transfer between affiliates for purposes of subparagraph 7,a71 to the extent that the transfer consists of funds attributable to dues1 fees1 or assessments which are paid by individuals on a regular1 periodic basis in accordance with a per-individual calculation which is made on a regular basis1 the transfer shall be attributed to the individuals paying the dues1 fees1 or assessments and shall not be attributed to the covered organization4 7,c7 ,description of transfers between affiliates ,a transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if-- 7i7 one of the organizations is an affiliate of the other organization2 or 7ii7 each of the organizations is an affiliate of the same organization1 except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements4 7,d7 ,determination of affiliate status ,for purposes of subparagraph 7,c71 a covered organization is an affiliate of another covered organization if-- 7i7 the governing instrument of the organization requires it to be bound by decisions of the other organization2 7ii7 the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board1 officers1 or paid executive staff members of the other organization1 or whose service on the governing board is contingent upon the approval of the other organization2 or 7iii7 the organization is chartered by the other organization4 7,e7 ,coverage of transfers to affiliated section #eja7;c77#c7 organizations ,this paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph 7#c7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization4 7g7 ,no effect on other reporting requirements ,nothing in this section shall be construed to waive or otherwise affect any other requirement of this ,act which relates to the reporting of campaign-related disbursements4 4 7#b7 ,conforming amendment ,section #cjd7;f77#f7 of such ,act 7#eb ,u4,s4,c4 #cjajd7 is amended by striking ,any requirement and inserting ,except as provided in section #cbd7;b71 any requirement4 7b7 ,coordination with ,fin,c,e,n 7#a7 ,in general ,the ,director of the ,financial ,crimes ,enforcement ,network of the ,department of the ,treasury shall provide the ,federal ,election ,commission with such information as necessary to assist in administering and enforcing section #cbd of the ,federal ,election ,campaign ,act of #aiga1 as amended by this section4 7#b7 ,report ,not later than #f months after the date of the enactment of this ,act1 the ,chairman of the ,federal ,election ,commission1 in consultation with the ,director of the ,financial ,crimes ,enforcement ,network of the ,department of the ,treasury1 shall submit to ,congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section #cbd4 #bjb4 ,application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers ,section #cai7;b77#b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;a77#a77;,a771 as amended by section #ajb1 is amended-- 7#a7 by striking includes any disbursement and inserting includes-- 7,a7 any disbursement 2 7#b7 by striking the period at the end and inserting 2 and1 and 7#c7 by adding at the end the following new subparagraph3 7,b7 any disbursement1 other than a disbursement described in section #cbd7;a77#c77;,a71 to another person who made a campaign-related disbursement consisting of a covered transfer 7as described in section #cbd7 during the #b-year period ending on the date of the disbursement4 4 #bjc4 ,effective date ,the amendments made by this title shall apply with respect to disbursements made on or after ,january #a1 #bjbb1 and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 ,,iii ,other ,administrative ,reforms #cja4 ,petition for certiorari ,section #cjg7;a77#f7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajg7;a77#f77 is amended by inserting 7including a proceeding before the ,supreme ,court on certiorari7 after appeal4 #cjb4 ,judicial review of actions related to campaign finance laws 7a7 ,in general ,title ,,iv of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjada et seq47 is amended by inserting after section #djf the following new section3 #djg4 ,judicial review 7a7 ,in general ,if any action is brought for declaratory or injunctive relief to challenge1 whether facially or as-applied1 the constitutionality or lawfulness of any provision of this ,act or of chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 or is brought to with respect to any action of the ,commission under chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 the following rules shall apply3 7#a7 ,the action shall be filed in the ,united ,states ,district ,court for the ,district of ,columbia and an appeal from the decision of the district court may be taken to the ,court of ,appeals for the ,district of ,columbia ,circuit4 7#b7 ,in the case of an action relating to declaratory or injunctive relief to challenge the constitutionality of a provision1 the party filing the action shall concurrently deliver a copy of the complaint to the ,clerk of the ,house of ,representatives and the ,secretary of the ,senate4 7#c7 ,it shall be the duty of the ,united ,states ,district ,court for the ,district of ,columbia and the ,court of ,appeals for the ,district of ,columbia ,circuit to advance on the docket and to expedite to the greatest possible extent the disposition of the action and appeal4 7b7 ,clarifying scope of jurisdiction ,if an action at the time of its commencement is not subject to subsection 7a71 but an amendment1 counterclaim1 cross-claim1 affirmative defense1 or any other pleading or motion is filed challenging1 whether facially or as-applied1 the constitutionality or lawfulness of this ,act or of chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 or is brought to with respect to any action of the ,commission under chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 the district court shall transfer the action to the ,district ,court for the ,district of ,columbia1 and the action shall thereafter be conducted pursuant to subsection 7a74 7c7 ,intervention by ,members of ,congress ,in any action described in subsection 7a7 relating to declaratory or injunctive relief to challenge the constitutionality of a provision1 any ,member of the ,house of ,representatives 7including a ,delegate or ,resident ,commissioner to the ,congress7 or ,senate 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 provision4 ,to avoid duplication of efforts and reduce the burdens placed on the parties to the action1 the court in any such action may make such orders as it considers necessary1 including orders to require interveners taking similar positions to file joint papers or to be represented by a single attorney at oral argument4 7d7 ,challenge by ,members of ,congress ,any ,member of ,congress may bring an action1 subject to the special rules described in subsection 7a71 for declaratory or injunctive relief to challenge1 whether facially or as-applied1 the constitutionality of any provision of this ,act or chapter #ie or #if of the ,internal ,revenue ,code of #aihf4 4 7b7 ,conforming amendments 7#a7 ,section #ijaa of the ,internal ,revenue ,code of #aihf is amended to read as follows3 #ijaa4 ,judicial review ,for provisions relating to judicial review of certifications1 determinations1 and actions by the ,commission under this chapter1 see section #djg of the ,federal ,election ,campaign ,act of #aiga4 4 7#b7 ,section #ijda of the ,internal ,revenue ,code of #aihf is amended to read as follows3 #ijda4 ,judicial review ,for provisions relating to judicial review of actions by the ,commission under this chapter1 see section #djg of the ,federal ,election ,campaign ,act of #aiga4 4 7#c7 ,section #caj of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaj7 is repealed4 7#d7 ,section #djc of the ,bipartisan ,campaign ,reform ,act of #bjjb 7#eb ,u4,s4,c4 #cjaaj note7 is repealed4 7c7 ,effective date ,the amendments made by this section shall apply to actions brought on or after ,january #a1 #bjba4 ,,iv ,severability #dja4 ,severability ,if any provision of this ,act or amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act and amendments made by this ,act1 and the application of the provisions and amendment to any person or circumstance1 shall not be affected by the holding4 ,august #g1 #bjba,read the second time and placed on the calendar