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(a) Expanded disclaimer requirements for certain communications Section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120) is amended by adding at the end the following new subsection: (e) Expanded disclaimer requirements for communications not authorized by candidates or committees (1) In general Except as provided in paragraph (6), any communication described in paragraph (3) of subsection (a) which is transmitted in an audio or video format (including an internet or digital communication), or which is an internet or digital communication transmitted in a text or graphic format, shall include, in addition to the requirements of paragraph (3) of subsection (a), the following: (A) The individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). (B) If the communication is transmitted in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under section 324— (i) the Top Five Funders list (if applicable); or (ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, 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 list, the name of a website which contains the Top Five Funders list (if applicable) or, in the case of an internet or digital communication, an adapted disclaimer (as defined in paragraph (6)(C)) that directs persons reading, observing, or listening to the communication to the Top Five Funders list (if applicable). (C) 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 324— (i) the Top Two Funders list (if applicable); or (ii) in the case of a communication which, as determined on the basis of criteria established in regulations issued by the Commission, 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 list, the name of a website which contains the Top Two Funders list (if applicable). (2) Disclosure statements described (A) Individual disclosure statements The individual disclosure statement described in this subparagraph is the following: I am ________, and I approve this message., with the blank filled in with the name of the applicable individual. (B) Organizational disclosure statements The organizational disclosure statement described in this subparagraph is the following: I am ________, the ________ of ________, and ________ approves this message., with— (i) the first blank to be filled in with the name of the applicable individual; (ii) the second blank to be filled in with the title of the applicable individual; and (iii) the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication. (3) Method of conveyance of statement (A) 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 format, the disclosure statements required under paragraph (1) shall appear in letters at least as large as the majority of the text in the communication. (B) Communications transmitted in audio format In the case of a communication to which this subsection applies which is transmitted in an audio format, the disclosure statements required under paragraph (1) shall be made by audio by the applicable individual in a clear and conspicuous manner. (C) Communications transmitted in video format In the case of a communication to which this subsection applies which is transmitted in a video format, the information required under paragraph (1) 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 manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 6 seconds. (4) Applicable individual defined The term applicable individual means, with respect to a communication to which this subsection applies— (A) if the communication is paid for by an individual, the individual involved; (B) if the communication is paid for by a corporation, the chief executive officer of the corporation (or, if the corporation does not have a chief executive officer, the highest ranking official of the corporation); (C) if the communication is paid for by a labor organization, the highest ranking officer of the labor organization; and (D) if the communication is paid for by any other person, the highest ranking official of such person. (5) Top Five Funders list and Top Two Funders list defined (A) Top Five Funders list The term Top Five Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the 5 persons who, during the 12-month period ending on the date of the disbursement, provided the largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If 2 or more people provided the fifth largest of such payments, the person paying for the communication shall select 1 of those persons to be included on the Top Five Funders list. (B) Top two funders list The term Top Two Funders list means, with respect to a communication which is paid for in whole or in part with a campaign-related disbursement (as defined in section 324), a list of the persons who, during the 12-month period ending on the date of the disbursement, provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding $10,000 to the person who is paying for the communication and the amount of the payments each such person provided. If 2 or more persons provided the second largest of such payments, the person paying for the communication shall select 1 of those persons to be included on the Top Two Funders list. (C) Exclusion of certain payments For purposes of subparagraphs (A) and (B), in determining the amount of payments made by a person to a person paying for a communication, there shall be excluded the following: (i) 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 communication. (ii) Any payment which the person prohibited, in writing, from being used for campaign-related disbursements, but only if the person paying for the communication followed the prohibition and deposited the payment in an account which is segregated from a campaign-related disbursement segregated fund (as defined in section 324) and any other account used to make campaign-related disbursements. (6) Special rules for certain communications (A) Exception for communications paid for by political parties and certain political committees This subsection does not apply to any communication to which subsection (d)(2) applies. (B) Treatment of video communications lasting 10 seconds or less In the case of a communication to which this subsection applies which is transmitted in a video format, or is an internet or digital communication which is transmitted in a text or graphic format, the communication shall meet the following requirements: (i) The communication shall include the individual disclosure statement described in paragraph (2)(A) (if the person paying for the communication is an individual) or the organizational disclosure statement described in paragraph (2)(B) (if the person paying for the communication is not an individual). (ii) The statement described in clause (i) 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 manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. (iii) To the extent that the format in which the communication is made permits the use of an adapted disclaimer, the communication shall include an adapted disclaimer that directs persons reading, observing, or listening to the communication to all of the information described in paragraph (1)(B)(i) of this subsection with respect to the communication. If the format will not allow for an adapted disclaimer, the communication shall include, in a clear and conspicuous manner, a website address with a landing page which will provide all of the information described in paragraph (1)(B)(i) of this subsection with respect to the communication. The adapted disclaimer or website address shall appear for the full duration of the communication. (C) Definitions In this subsection: (i) Adapted disclaimer The term adapted disclaimer means a statement that satisfies the requirements of paragraph (1)(B)(i) of this subsection and includes an indicator and a mechanism. (ii) Indicator The term indicator means any visible or audible element associated with a communication that is presented in a clear and conspicuous manner and gives notice to persons reading, observing, or listening to the communication that they may read, observe, or listen to a disclaimer satisfying the requirements of paragraph (1)(B)(i) of this subsection through a mechanism. An indicator may take any form, including words, images, sounds, symbols, and icons. (iii) Mechanism The term mechanism means any use of technology that enables the person reading, observing, or listening to a communication to read, observe, or listen to a disclaimer satisfying the requirements of paragraph (1)(B)(i) of this subsection after not more than 1 action by a recipient of the communication. A mechanism may take any form, including hover-over text, pop-up screens, scrolling text, rotating panels, and hyperlinks to a landing page.. (b) Application of expanded requirements to campaign-Related disbursements (1) In general Section 318(a) of such Act (52 U.S.C. 30120(a)) is amended by striking for the purpose of financing communications expressly advocating the election or defeat of a clearly identified candidate and inserting for a campaign-related disbursement described in subparagraph (A), (B), or (C) of section 324(d)(1). (2) Clarification of exemption from inclusion of candidate disclaimer statement in Federal judicial nomination communications Section 318(a)(3) of such Act (52 U.S.C. 30120(a)(3)) is amended by striking shall clearly state and inserting shall (except in the case of a Federal judicial nomination communication, as defined in section 324(d)(3)) clearly state. (c) Exception for communications paid for by political parties and certain political committees Section 318(d)(2) of such Act (52 U.S.C. 30120(d)(2)) is amended— (1) in the heading, by striking Others and inserting Certain political committees; (2) by striking Any communication and inserting (A) Any communication; (3) by inserting which (except to the extent provided in subparagraph (B)) is paid for by a political committee (including a political committee of a political party) and after subsection (a); (4) by striking or other person each place it appears; and (5) by adding at the end the following new subparagraph: (B) (i) This paragraph does not apply to a communication paid for in whole or in part during a calendar year with a campaign-related disbursement, but only if the covered organization making the campaign-related disbursement made campaign-related disbursements (as defined in section 324) aggregating more than $10,000 during such calendar year. (ii) For purposes of clause (i), in determining the amount of campaign-related disbursements made by a covered organization during a year, there shall be excluded the following: (I) 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 organization. (II) Any amounts received by the covered organization from a person who prohibited, in writing, the organization from using such amounts for campaign-related disbursements, but only if the covered organization followed the prohibition and deposited the amounts in an account which is segregated from a campaign-related disbursement segregated fund (as defined in section 324) and any other account used to make campaign-related disbursements.. (d) Modification of additional requirements for certain communications Section 318(d) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30120(d)) is amended— (1) in paragraph (1)(A)— (A) by striking which is transmitted through radio and inserting which is in an audio format; and (B) by striking By radio in the heading and inserting Audio format; (2) in paragraph (1)(B)— (A) by striking which is transmitted through television and inserting which is in video format; and (B) by striking By television in the heading and inserting Video format; and (3) in paragraph (2)— (A) by striking transmitted through radio or television and inserting made in audio or video format; and (B) by striking through television in the second sentence and inserting in video format.