(1)

in paragraph (7)(B)(i), by striking or their agents and inserting or their agents, including expenditures described in paragraph (10),;

(2)

in paragraph (7)(B)(ii) by striking political party, and inserting political party, including expenditures described in paragraph (10),; and

(3)

by adding at the end the following new paragraph:

(10)

(A)

For purposes of paragraph (7)(B)(i) and (ii), an expenditure is described in this paragraph if the making of the expenditure is materially consistent with instructions, directions, guidance, or suggestions from a candidate, an authorized committee of a candidate, or a national, State, or local committee of a political party, or from an agent of any such candidate or committee, regardless of whether the instructions, directions, guidance, or suggestions are made available to the general public or are communicated directly or indirectly to the person making the expenditure.

(B)

To determine whether the making of an expenditure is materially consistent with instructions, directions, guidance, or suggestions from a candidate or committee for purposes of this paragraph, the Commission shall consider each of the factors described in subparagraph (C), and if the Commission determines that one or more of such factors apply with respect to the making of the expenditure, the making of the expenditure shall be presumed to be materially consistent with instructions, directions, guidance, or suggestions from a candidate or committee for purposes of this paragraph.

(C)

The factors described in this subparagraph are the following:

(i)

Whether the instructions, directions, guidance, or suggestions indicate that information regarding a clearly identified candidate or political party should be communicated or disseminated to voters or any subset of voters.

(ii)

In the case of an expenditure consisting of Federal election activity or a communication which disseminates to any person information about a candidate or political party, whether the instructions, directions, guidance, or suggestions include information regarding the target audience for the communication or the information, such as the demographics, location, or political party affiliation of recipients.

(iii)

Whether the instructions, directions, guidance, or suggestions include suggested methods of making a communication or disseminating information, such as references to the distribution or receipt of direct mail, audio, video, social media, digital, or other media.

(iv)

In the case of an expenditure consisting of Federal election activity or a communication which disseminates to any person information about a candidate or political party, whether the instructions, directions, guidance, or suggestions include or are accompanied by any phrase, image, video, or audio is subsequently used, in whole or in part, in communicating or disseminating the information.

(v)

Whether the instructions, directions, guidance, or suggestions containing one or more other factors identified in this subparagraph are set apart using a signal or cue.

(vi)

Such other factors as the Commission considers appropriate.