,,ii ,calendar ,no4 #dhd #aagth ,,congress #b;d ,session ,s4 #dhbb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ab1 #bjbb,mr4 ,whitehouse 7for himself1 ,mr4 ,wyden1 ,mr4 ,schumer1 ,mr4 ,van ,hollen1 ,mr4 ,leahy1 ,mrs4 ,feinstein1 ,mrs4 ,murray1 ,mr4 ,durbin1 ,mr4 ,reed1 ,mr4 ,carper1 ,ms4 ,stabenow1 ,ms4 ,cantwell1 ,mr4 ,menendez1 ,mr4 ,cardin1 ,mr4 ,sanders1 ,mr4 ,brown1 ,mr4 ,casey1 ,ms4 ,klobuchar1 ,mr4 ,tester1 ,mrs4 ,shaheen1 ,mr4 ,warner1 ,mr4 ,merkley1 ,mr4 ,bennet1 ,mrs4 ,gillibrand1 ,mr4 ,coons1 ,mr4 ,blumenthal1 ,mr4 ,schatz1 ,ms4 ,baldwin1 ,mr4 ,murphy1 ,ms4 ,hirono1 ,mr4 ,heinrich1 ,mr4 ,king1 ,mr4 ,kaine1 ,ms4 ,warren1 ,mr4 ,markey1 ,mr4 ,booker1 ,mr4 ,peters1 ,ms4 ,duckworth1 ,ms4 ,hassan1 ,ms4 ,cortez ,masto1 ,ms4 ,smith1 ,ms4 ,rosen1 ,mr4 ,lujn1 ,mr4 ,hickenlooper1 ,mr4 ,padilla1 ,mr4 ,ossoff1 ,mr4 ,warnock1 ,mr4 ,manchin1 ,mr4 ,kelly1 and ,ms4 ,sinema7 introduced the following bill2 which was read the first time ,september #ac1 #bjbb,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 #bjbb or the ,,disclose ,act of #bjbb4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,,title ,i--,closing ,loopholes ,allowing ,spending by ,foreign ,nationals in ,elections,sec4 #aja4 ,clarification of application of foreign money ban to certain disbursements and activities4,sec4 #ajb4 ,study and report on illicit foreign money in ,federal elections4,sec4 #ajc4 ,prohibition on contributions and donations by foreign nationals in connection with ballot initiatives and referenda4,sec4 #ajd4 ,disbursements and activities subject to foreign money ban4,sec4 #aje4 ,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 ,reporting of ,federal judicial nomination disbursements4,sec4 #bjc4 ,coordination with ,fin,c,e,n4,sec4 #bjd4 ,application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers4,sec4 #bje4 ,effective date4,,title ,,iii--,other ,administrative ,reforms,sec4 #cja4 ,petition for certiorari4,sec4 #cjb4 ,judicial review of actions related to campaign finance laws4,sec4 #cjc4 ,effective date4,,title ,,iv--,stand by every ad,sec4 #dja4 ,short title4,sec4 #djb4 ,stand by every ad4,sec4 #djc4 ,disclaimer requirements for communications made through prerecorded telephone calls4,sec4 #djd4 ,no expansion of persons subject to disclaimer requirements on internet communications4,sec4 #dje4 ,effective date4,,title ,v--,severability,sec4 #eja4 ,severability4 #b4 ,findings ,congress finds the following3 7#a7 ,campaign finance disclosure is a narrowly tailored and minimally restrictive means to advance substantial government interests1 including fostering an informed electorate capable of engaging in self-government and holding their elected officials accountable1 detecting and deterring quid pro quo corruption1 and identifying information necessary to enforce other campaign finance laws1 including campaign contribution limits and the prohibition on foreign money in ,u4,s4 campaigns4 ,to further these substantial interests1 campaign finance disclosure must be timely and complete1 and must disclose the true and original source of money given1 transferred1 and spent to influence ,federal elections4 ,current law does not meet this objective because corporations and other entities that the ,supreme ,court has permitted to spend money to influence ,federal elections are subject to few if any transparency requirements4 7#b7 ,as the ,supreme ,court recognized in its per curiam opinion in ,buckley v4 ,valeo1 #dbd ,u4,s4 #a1 7#aigf71 disclosure requirements certainly in most applications appear to be the least restrictive means of curbing the evils of campaign ignorance and corruption that ,congress found to exist4,buckley1 #dbd ,u4,s4 at #fh4 ,in ,citizens ,united v4 ,,fec1 the ,court reiterated that disclosure is a less restrictive alternative to more comprehensive regulations of speech4 #eeh ,u4,s4 #caj1 #cfi 7#bjaj74 7#c7 ,no subsequent decision has called these holdings into question1 including the ,court's decision in ,americans for ,prosperity ,foundation v4 ,bonta1 #ada ,s4 ,ct4 #bcgc 7#bjba74 ,that case did not involve campaign finance disclosure1 and the ,court did not overturn its longstanding recognition of the substantial interests furthered by such disclosure4 7#d7 ,campaign finance disclosure is also essential to enforce the ,federal ,election ,campaign ,act's prohibition on contributions by and solicitations of foreign nationals4 ,see section #cai of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba74 7#e7 ,congress should close loopholes allowing spending by foreign nationals in domestic elections4 ,for example1 in #bjba1 the ,federal ,election ,commission1 the independent ,federal agency charged with protecting the integrity of the ,federal campaign finance process1 found reason to believe and conciliated a matter where an experienced political consultant knowingly and willfully violated ,federal law by soliciting a contribution from a foreign national by offering to transmit a #b1jjj1jjj contribution to a super ,,pac through his company and two #eja7;c77#d7 organizations1 to conceal the origin of the funds4 ,this scheme was only unveiled after appearing in a ,the ,telegraph ,,uk article and video capturing the solicitation4 ,see ,conciliation ,agreement1 ,m,u,rs #gafe #gaif 7,great ,america ,,pac1 et al471 date ,june #bh1 #bjba2 ,factual and ,legal ,analysis1 ,m,u,rs #gafe #gaif 7,jesse ,benton71 dated ,mar4 #b1 #bjba4 ,i ,closing ,loopholes ,allowing ,spending by ,foreign ,nationals in ,elections #aja4 ,clarification of application of foreign money ban to certain disbursements and activities ,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 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 #ajb4 ,study and report on illicit foreign money in ,federal elections 7a7 ,study ,for each #d-year election cycle 7beginning with the #d-year election cycle ending in #bjbj71 the ,comptroller ,general shall conduct a study on the incidence of illicit foreign money in all elections for ,federal office held during the preceding #d-year election cycle1 including what information is known about the presence of such money in elections for ,federal office4 7b7 ,report 7#a7 ,in general ,not later than the applicable date with respect to any #d-year election cycle1 the ,comptroller ,general shall submit to the appropriate congressional committees a report on the study conducted under subsection 7a74 7#b7 ,matters included ,the report submitted under paragraph 7#a7 shall include a description of the extent to which illicit foreign money was used to target particular groups1 including rural communities1 ,african-,american and other minority communities1 and military and veteran communities1 based on such targeting information as is available and accessible to the ,comptroller ,general4 7#c7 ,applicable date ,for purposes of paragraph 7#a71 the term applicable date means-- 7,a7 in the case of the #d-year election cycle ending in #bjbj1 the date that is #a year after the date of the enactment of this ,act2 and 7,b7 in the case of any other #d-year election cycle1 the date that is #a year after the date on which such #d-year election cycle ends4 7c7 ,definitions ,as used in this section3 7#a7 #d-year election cycle ,the term #d-year election cycle means the #d-year period ending on the date of the general election for the offices of ,president and ,vice ,president4 7#b7 ,illicit foreign money ,the term illicit foreign money means any contribution1 donation1 expenditure1 or disbursement by a foreign national 7as defined in section #cai7;b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4#cjaba7;b777 prohibited under such section4 7#c7 ,election2 ,federal office ,the terms election and ,federal office have the meanings given such terms under section #cja of the ,federal ,election ,campaign ,act of #aiga 7#ec ,u4,s4,c4 #cjaja74 7#d7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,house ,administration of the ,house of ,representatives2 7,b7 the ,committee on ,rules and ,administration of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,d7 the ,committee on the ,judiciary of the ,senate4 7d7 ,sunset ,this section shall not apply to any #d-year election cycle beginning after the election for the offices of ,president and ,vice ,president in #bjcb4 #ajc4 ,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 #aja1 is amended by adding at the end the following new paragraphs3 7#c7 ,federal1 ,state1 or local election ,the term ,federal1 ,state1 or local election includes a ,state or local ballot initiative or referendum1 but only in the case of-- 7,a7 a covered foreign national as defined in paragraph 7#d72 or 7,b7 a foreign principal described in section #a7;b77#b7 or #a7;b77#c7 of the ,foreign ,agent ,registration ,act of #aich1 as amended 7#bb ,u4,s4,c4 #faa7;b77#b7 or 7b77#c77 or an agent of such a foreign principal under such ,act4 7#d7 ,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 in clause 7i7 of subparagraph 7,a74 4 7b7 ,effective date ,the amendment made by this section shall apply with respect to elections held in #bjbc or any succeeding year4 #ajd4 ,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#a77 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 by a covered foreign national 7as defined in subsection 7b77#d77 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 platform 7as defined in subsection 7b77#e771 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 national 7as defined in subsection 7b77#d772 7,i7 a disbursement by a covered foreign national 7as defined in subsection 7b77#d77 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 by a covered foreign national 7as defined in subsection 7b77#d77 for a ,federal judicial nomination communication 7as defined in section #cbd7;g77#b772 4 7b7 ,definition of online platform ,section #cai7;b7 of such ,act 7#eb ,u4,s4,c4 #cjaba7;b771 as amended by sections #aja and #ajc1 is amended by adding at the end the following new paragraph3 7#e7 ,online platform 7,a7 ,in general ,for purposes of this section1 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 ,third-party advertising vendor defined ,for purposes of this subsection1 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 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 #aje4 ,prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals 7a7 ,prohibition ,chapter #bi of title #ah1 ,united ,states ,code 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 ,code is amended by adding at the end the following new item3 #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 ,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 #bjbc1 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 #bjbc4 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 #bjbc1 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 #bjbc4 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 office4 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 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 ,intent not required ,a disbursement for an item described in subparagraph 7,a71 7,b71 7,c7 or 7,d7 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 or 7,d7 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 ,except as provided in subsection 7b77#a71 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 7b7 ,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 7c7 ,regulations ,not later than #f months after the date of the enactment of this ,act1 the ,federal ,election ,commission shall promulgate regulations relating the application of the exemption under section #cbd7;a77#c77;,c7 of the ,federal ,election ,campaign ,act of #aiga 7as added by subsection 7a774 ,such regulations-- 7#a7 shall require that the legal burden of establishing eligibility for such exemption is upon the organization required to make the report required under section #cbd7;a77#a7 of such ,act 7as added by subsection 7a771 and 7#b7 shall be consistent with the principles applied in ,citizens ,united v4 ,federal ,election ,commission1 #eeh ,u4,s4 #caj 7#bjaj74 #bjb4 ,reporting of ,federal judicial nomination disbursements 7a7 ,findings ,congress makes the following findings3 7#a7 ,a fair and impartial judiciary is critical for our democracy and crucial to maintain the faith of the people of the ,united ,states in the justice system4 ,as the ,supreme ,court held in ,caperton v4 ,massey1 there is a serious risk of actual bias--based on objective and reasonable perceptions--when a person with a personal stake in a particular case had a significant and disproportionate influence in placing the judge on the case4 7,caperton v4 ,a4 ,t4 ,massey ,coal ,co41 #eef ,u4,s4 #hfh1 #hhd 7#bjji774 7#b7 ,public trust in government is at a historic low4 ,according to polling1 most ,americans believe that corporations have too much power and influence in politics and the courts4 7#c7 ,the prevalence and pervasiveness of dark money drives public concern about corruption in politics and the courts4 ,dark money is funding for organizations and political activities that cannot be traced to actual donors4 ,it is made possible by loopholes in our tax laws and regulations1 weak oversight by the ,internal ,revenue ,service1 and donor-friendly court decisions4 7#d7 ,under current law1 social welfare organizations and business leagues can use funds to influence elections so long as political activity is not their primary activity4 ,super ,p,a,cs can accept and spend unlimited contributions from any non-foreign source4 ,these groups can spend tens of millions of dollars on political activities4 ,such dark money groups spent an estimated #a1jej1jjj1jjj in the #bjbj election cycle4 7#e7 ,dark money is used to shape judicial decision-making4 ,this can take many forms1 akin to agency capture3 influencing judicial selection by controlling who gets nominated and funding candidate advertisements2 creating public relations campaigns aimed at mobilizing the judiciary around particular issues2 and drafting law review articles1 amicus briefs1 and other products which tell judges how to decide a given case and provide ready-made arguments for willing judges to adopt4 7#f7 ,over the past decade1 nonprofit organizations that do not disclose their donors have spent hundreds of millions of dollars to influence the nomination and confirmation process for ,federal judges4 ,one organization alone has spent nearly #dj1jjj1jjj on advertisements supporting or opposing ,supreme ,court nominees since #bjaf4 7#g7 ,anonymous money spent on judicial nominations is not subject to any disclosure requirements4 ,federal election laws only regulate contributions and expenditures relating to electoral politics2 thus1 expenditures1 contributions1 and advocacy efforts for ,federal judgeships are not covered under the ,federal ,election ,campaign ,act of #aiga4 ,without more disclosure1 the public has no way of knowing whether the people spending money supporting or opposing judicial nominations have business before the courts4 7#h7 ,congress and the ,american people have a compelling interest in knowing who is funding these campaigns to select and confirm judges to lifetime appointments on the ,federal bench4 7b7 ,reporting ,section #cbd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabf71 as amended by section #bja1 is amended by redesignating subsection 7g7 as subsection 7h7 and by inserting after subsection 7f7 the following new subsection3 7g7 ,application to ,federal judicial nominations 7#a7 ,in general ,for purposes of this section-- 7,a7 a disbursement by a covered organization for a ,federal judicial nomination communication shall be treated as a campaign-related disbursement2 and 7,b7 in the case of campaign-related disbursements which are for ,federal judicial nomination communications-- 7i7 the dollar amounts in paragraphs 7#a7 and 7#b7 of subsection 7a7 shall be applied separately with respect to such disbursements and other campaign-related disbursements2 7ii7 the election reporting cycle shall be the calendar year in which the disbursement for the ,federal judicial nomination communication is made2 7iii7 references to a candidate in subsections 7a77#b77;,c71 7a77#b77;,d71 and 7a77#c77;,c7 shall be treated as references to a nominee for a ,federal judge or justice2 7iv7 the reference to an election in subsection 7a77#b77;,c7 shall be treated as a reference to the nomination of such nominee4 7#b7 ,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,c7 ,intent not required ,a disbursement for an item described in subparagraph 7,a7 shall be treated as a disbursement for a ,federal judicial nomination communication regardless of the intent of the person making the disbursement4 4 #bjc4 ,coordination with ,fin,c,e,n 7a7 ,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 title4 7b7 ,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 #bjd4 ,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 #aja1 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 #bje4 ,effective date ,the amendments made by this title shall apply with respect to disbursements made on or after ,january #a1 #bjbc1 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 ,act1 including title ,v1 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 #cjc4 ,effective date ,the amendments made by this title shall take effect and apply on the date of the enactment of this ,act1 without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out this title and the amendments made by this title4 ,,iv ,stand by every ad #dja4 ,short title ,this title may be cited as the ,stand ,by ,every ,ad ,act4 #djb4 ,stand by every ad 7a7 ,expanded disclaimer requirements for certain communications ,section #cah of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj7 is amended by adding at the end the following new subsection3 7e7 ,expanded disclaimer requirements for communications not authorized by candidates or committees 7#a7 ,in general ,except as provided in paragraph 7#f71 any communication described in paragraph 7#c7 of subsection 7a7 which is transmitted in an audio or video format 7including an internet or digital communication71 or which is an internet or digital communication transmitted in a text or graphic format1 shall include1 in addition to the requirements of paragraph 7#c7 of subsection 7a71 the following3 7,a7 ,the individual disclosure statement described in paragraph 7#b77;,a7 7if the person paying for the communication is an individual7 or the organizational disclosure statement described in paragraph 7#b77;,b7 7if the person paying for the communication is not an individual74 7,b7 ,if the communication is transmitted in a video format1 or is an internet or digital communication which is transmitted in a text or graphic format1 and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section #cbd-- 7i7 the ,top ,five ,funders list 7if applicable72 or 7ii7 in the case of a communication which1 as determined on the basis of criteria established in regulations issued by the ,commission1 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 content of the communication to consist of the ,top ,five ,funders list1 the name of a website which contains the ,top ,five ,funders list 7if applicable7 or1 in the case of an internet or digital communication1 a hyperlink to such website4 7,c7 ,if the communication is transmitted in an audio format and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section #cbd-- 7i7 the ,top ,two ,funders list 7if applicable72 or 7ii7 in the case of a communication which1 as determined on the basis of criteria established in regulations issued by the ,commission1 is of such short duration that including the ,top ,two ,funders list in the communication would constitute a hardship to the person paying for the communication by requiring a disproportionate amount of the content of the communication to consist of the ,top ,two ,funders list1 the name of a website which contains the ,top ,two ,funders list 7if applicable74 7#b7 ,disclosure statements described 7,a7 ,individual disclosure statements ,the individual disclosure statement described in this subparagraph is the following3 ,i am 1 and ,i approve this message41 with the blank filled in with the name of the applicable individual4 7,b7 ,organizational disclosure statements ,the organizational disclosure statement described in this subparagraph is the following3 ,i am 1 the of 1 and approves this message41 with-- 7i7 the first blank to be filled in with the name of the applicable individual2 7ii7 the second blank to be filled in with the title of the applicable individual2 and 7iii7 the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication4 7#c7 ,method of conveyance of statement 7,a7 ,communications in text or graphic format ,in the case of a communication to which this subsection applies which is transmitted in a text or graphic format1 the disclosure statements required under paragraph 7#a7 shall appear in letters at least as large as the majority of the text in the communication4 7,b7 ,communications transmitted in audio format ,in the case of a communication to which this subsection applies which is transmitted in an audio format1 the disclosure statements required under paragraph 7#a7 shall be made by audio by the applicable individual in a clear and conspicuous manner4 7,c7 ,communications transmitted in video format ,in the case of a communication to which this subsection applies which is transmitted in a video format1 the information required under paragraph 7#a7-- 7i7 shall appear in writing at the end of the communication or in a crawl along the bottom of the communication in a clear and conspicuous manner1 with a reasonable degree of color contrast between the background and the printed statement1 for a period of at least #f seconds2 and 7ii7 shall also be conveyed by an unobscured1 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 individual1 except in the case of a ,top ,five ,funders list4 7#d7 ,applicable individual defined ,the term applicable individual means1 with respect to a communication to which this subsection applies-- 7,a7 if the communication is paid for by an individual1 the individual involved2 7,b7 if the communication is paid for by a corporation1 the chief executive officer of the corporation 7or1 if the corporation does not have a chief executive officer1 the highest ranking official of the corporation72 7,c7 if the communication is paid for by a labor organization1 the highest ranking officer of the labor organization2 and 7,d7 if the communication is paid for by any other person1 the highest ranking official of such person4 7#e7 ,top ,five ,funders list and ,top ,two ,funders list defined 7,a7 ,top ,five ,funders list ,the term ,top ,five ,funders list means1 with respect to a communication which is paid for in whole or in part with a campaign-related disbursement 7as defined in section #cbd71 a list of the #e persons who1 during the #ab-month period ending on the date of the disbursement1 provided the largest payments of any type in an aggregate amount equal to or exceeding #aj1jjj to the person who is paying for the communication and the amount of the payments each such person provided4 ,if #b or more people provided the fifth largest of such payments1 the person paying for the communication shall select #a of those persons to be included on the ,top ,five ,funders list4 7,b7 ,top two funders list ,the term ,top ,two ,funders list means1 with respect to a communication which is paid for in whole or in part with a campaign-related disbursement 7as defined in section #cbd71 a list of the persons who1 during the #ab-month period ending on the date of the disbursement1 provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding #aj1jjj to the person who is paying for the communication and the amount of the payments each such person provided4 ,if #b or more persons provided the second largest of such payments1 the person paying for the communication shall select #a of those persons to be included on the ,top ,two ,funders list4 7,c7 ,exclusion of certain payments ,for purposes of subparagraphs 7,a7 and 7,b71 in determining the amount of payments made by a person to a person paying for a communication1 there shall be excluded the following3 7i7 ,any amounts provided in the ordinary course of any trade or business conducted by the person paying for the communication or in the form of investments in the person paying for the communication4 7ii7 ,any payment which the person prohibited1 in writing1 from being used for campaign-related disbursements1 but only if the person paying for the communication 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#f7 ,special rules for certain communications 7,a7 ,exception for communications paid for by political parties and certain political committees ,this subsection does not apply to any communication to which subsection 7d77#b7 applies4 7,b7 ,treatment of video communications lasting #aj seconds or less ,in the case of a communication to which this subsection applies which is transmitted in a video format1 or is an internet or digital communication which is transmitted in a text or graphic format1 the communication shall meet the following requirements3 7i7 ,the communication shall include the individual disclosure statement described in paragraph 7#b77;,a7 7if the person paying for the communication is an individual7 or the organizational disclosure statement described in paragraph 7#b77;,b7 7if the person paying for the communication is not an individual74 7ii7 ,the statement described in clause 7i7 shall appear in writing at the end of the communication1 or in a crawl along the bottom of the communication1 in a clear and conspicuous manner1 with a reasonable degree of color contrast between the background and the printed statement1 for a period of at least #d seconds4 7iii7 ,the communication shall include1 in a clear and conspicuous manner1 a website address with a landing page which will provide all of the information described in paragraph 7#a7 with respect to the communication4 ,such address shall appear for the full duration of the communication4 7iv7 ,to the extent that the format in which the communication is made permits the use of a hyperlink1 the communication shall include a hyperlink to the website address described in clause 7iii74 4 7b7 ,application of expanded requirements to public communications consisting of campaign-related disbursements 7#a7 ,in general ,section #cah7;a7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;a77 is amended by striking for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate and inserting for a campaign-related disbursement1 as defined in section #cbd1 consisting of a public communication4 7#b7 ,clarification of exemption from inclusion of candidate disclaimer statement in ,federal judicial nomination communications ,section #cah7;a77#c7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;a77#c77 is amended by striking shall clearly state and inserting shall 7except in the case of a ,federal judicial nomination communication1 as defined in section #cbd7;d77#c77 clearly state4 7c7 ,exception for communications paid for by political parties and certain political committees ,section #cah7;d77#b7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;d77#b77 is amended-- 7#a7 in the heading1 by striking ,others and inserting ,certain political committees2 7#b7 by striking ,any communication and inserting 7,a7 ,any communication2 7#c7 by inserting which 7except to the extent provided in subparagraph 7,b77 is paid for by a political committee 7including a political committee of a political party7 and after subsection 7a72 7#d7 by striking or other person each place it appears2 and 7#e7 by adding at the end the following new subparagraph3 7,b7 7i7 ,this paragraph does not apply to a communication paid for in whole or in part during a calendar year with a campaign-related disbursement1 but only if the covered organization making the campaign-related disbursement made campaign-related disbursements 7as defined in section #cbd7 aggregating more than #aj1jjj during such calendar year4 7ii7 ,for purposes of clause 7i71 in determining the amount of campaign-related disbursements made by a covered organization during a year1 there shall be excluded the following3 7,i7 ,any amounts received by the covered organization in the ordinary course of any trade or business conducted by the covered organization or in the form of investments in the covered organization4 7,,ii7 ,any amounts received by the covered organization from a person who prohibited1 in writing1 the organization from using such amounts for campaign-related disbursements1 but only if the covered organization agreed to follow the prohibition and deposited the amounts in an account which is segregated from any account used to make campaign-related disbursements4 4 7d7 ,modification of additional requirements for certain communications ,section #cah7;d7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj7;d77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 by striking which is transmitted through radio and inserting which is in an audio format2 and 7,b7 by striking ,by radio in the heading and inserting ,audio format2 7#b7 in paragraph 7#a77;,b7-- 7,a7 by striking which is transmitted through television and inserting which is in video format2 and 7,b7 by striking ,by television in the heading and inserting ,video format2 and 7#c7 in paragraph 7#b7-- 7,a7 by striking transmitted through radio or television and inserting made in audio or video format2 and 7,b7 by striking through television in the second sentence and inserting in video format4 #djc4 ,disclaimer requirements for communications made through prerecorded telephone calls 7a7 ,application of requirements 7#a7 ,in general ,section #cah7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj7;a77 is amended by striking mailing each place it appears and inserting mailing1 telephone call consisting in substantial part of a prerecorded audio message4 7#b7 ,application to communications subject to expanded disclaimer requirements ,section #cah7;e77#a7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;e77#a771 as added by section #cjb7;a71 is amended in the matter preceding subparagraph 7,a7 by striking which is transmitted in an audio or video format and inserting which is transmitted in an audio or video format or which consists of a telephone call consisting in substantial part of a prerecorded audio message4 7b7 ,treatment as communication transmitted in audio format 7#a7 ,communications by candidates or authorized persons ,section #cah7;d7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;d77 is amended by adding at the end the following new paragraph3 7#c7 ,prerecorded telephone calls ,any communication described in paragraph 7#a71 7#b71 or 7#c7 of subsection 7a7 7other than a communication which is subject to subsection 7e77 which is a telephone call consisting in substantial part of a prerecorded audio message shall include1 in addition to the requirements of such paragraph1 the audio statement required under subparagraph 7,a7 of paragraph 7#a7 or the audio statement required under paragraph 7#b7 7whichever is applicable71 except that the statement shall be made at the beginning of the telephone call4 4 7#b7 ,communications subject to expanded disclaimer requirements ,section #cah7;e77#c7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;e77#c771 as added by section #cjb7;a71 is amended by adding at the end the following new subparagraph3 7,d7 ,prerecorded telephone calls ,in the case of a communication to which this subsection applies which is a telephone call consisting in substantial part of a prerecorded audio message1 the communication shall be considered to be transmitted in an audio format4 4 #djd4 ,no expansion of persons subject to disclaimer requirements on internet communications ,nothing in this title or the amendments made by this title may be construed to require any person who is not required under section #cah of the ,federal ,election ,campaign ,act of #aiga to include a disclaimer on communications made by the person through the internet to include any disclaimer on any such communications4 #dje4 ,effective date ,the amendments made by this title shall apply with respect to communications made on or after ,january #a1 #bjbc1 and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 ,v ,severability #eja4 ,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 ,september #ac1 #bjbb,read the second time and placed on the calendar