Us Congress House Bill HB1118 Introduced / Bill

                    I 
118THCONGRESS 
1
STSESSION H. R. 1118 
To amend the Federal Election Campaign Act of 1971 to provide for addi-
tional disclosure requirements for corporations, labor organizations, 
Super PACs and other entities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY21, 2023 
Mr. C
ICILLINE(for himself, Mr. MULLIN, Ms. WASSERMANSCHULTZ, Ms. 
M
CCOLLUM, Mr. NADLER, Mrs. BEATTY, Ms. DEANof Pennsylvania, 
Mrs. W
ATSONCOLEMAN, Mr. DOGGETT, Mr. PAYNE, Ms. BARRAGA´N, 
Mr. K
IMof New Jersey, Mr. MFUME, Mr. COHEN, Mr. TAKANO, Mr. 
S
CHIFF, Mr. JOHNSONof Georgia, Ms. TLAIB, Mr. CARSON, Mr. LARSON 
of Connecticut, Mr. A
UCHINCLOSS, Mr. COSTA, Ms. BROWNLEY, Mr. 
G
OLDENof Maine, Mr. ALLRED, Ms. NORTON, Mr. CARBAJAL, Mr. 
D
AVISof Illinois, Mr. KILMER, Mr. CLEAVER, Ms. ESCOBAR, Mr. DAVID 
S
COTTof Georgia, Mr. SWALWELL, Mr. MOULTON, Ms. STEVENS, Mr. 
T
ONKO, Mr. CASTROof Texas, Mr. GARAMENDI, Mr. BOYLEof Pennsyl-
vania, Ms. C
ASTORof Florida, Mr. VARGAS, Mr. TORRESof New York, 
Ms. B
ONAMICI, Mr. BLUMENAUER, Mr. VEASEY, Mr. DESAULNIER, Mrs. 
D
INGELL, Mr. BERA, Ms. SA´NCHEZ, Mr. POCAN, Ms. CHU, Ms. STRICK-
LAND, Ms. TOKUDA, Mr. LEVIN, Ms. ROSS, Mr. SMITHof Washington, 
Mr. S
TANTON, Mr. QUIGLEY, Ms. SCHRIER, Mr. DELUZIO, Mr. CASAR, 
Ms. B
LUNTROCHESTER, Mr. PHILLIPS, Ms. HOYLEof Oregon, Mrs. 
T
RAHAN, Mr. GOTTHEIMER, Mr. CROW, Mr. LIEU, Mr. HIMES, Ms. 
T
ITUS, Mr. MCGOVERN, Mr. BISHOPof Georgia, Mr. MAGAZINER, Mr. 
M
ORELLE, Ms. PORTER, Mr. EVANS, Mr. SARBANES, Ms. SLOTKIN, Mr. 
B
OWMAN, Mr. RASKIN, Mr. GREENof Texas, Mr. HIGGINSof New York, 
Mrs. H
AYES, Mr. GARCI´Aof Illinois, Mr. CASTEN, Mr. HUFFMAN, Ms. 
W
ILSONof Florida, Ms. DELBENE, Ms. KUSTER, Ms. MENG, Mr. CASE, 
Ms. M
ANNING, Ms. MATSUI, Ms. SALINAS, Mr. COURTNEY, Ms. 
S
TANSBURY, Mr. RUPPERSBERGER, Mr. CARTERof Louisiana, Mr. 
T
HOMPSONof California, Mr. CA´RDENAS, Ms. DEGETTE, Ms. WILLIAMS 
of Georgia, Mrs. M
CBATH, Ms. GARCIAof Texas, Ms. KAPTUR, Mr. 
T
RONE, Mr. GRIJALVA, Mr. GALLEGO, Ms. SCHAKOWSKY, and Ms. 
J
AYAPAL) introduced the following bill; which was referred to the Com-
mittee on House Administration, and in addition to the Committees on 
Ways and Means, and the Judiciary, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
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A BILL 
To amend the Federal Election Campaign Act of 1971 to 
provide for additional disclosure requirements for cor-
porations, labor organizations, Super PACs and other 
entities, and for other purposes. 
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Democracy Is Strengthened by Casting Light On Spend-5
ing in Elections Act of 2023’’ or the ‘‘DISCLOSE Act 6
of 2023’’. 7
(b) T
ABLE OFCONTENTS.—The table of contents of 8
this Act is as follows: 9
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—CLOSING LOOPHOLES ALLOWING SPENDING BY 
FOREIGN NATIONALS IN ELECTIONS 
Sec. 101. Clarification of application of foreign money ban to certain disburse-
ments and activities. 
Sec. 102. Study and report on illicit foreign money in Federal elections. 
Sec. 103. Prohibition on contributions and donations by foreign nationals in 
connection with ballot initiatives and referenda. 
Sec. 104. Disbursements and activities subject to foreign money ban. 
Sec. 105. Prohibiting establishment of corporation to conceal election contribu-
tions and donations by foreign nationals. 
TITLE II—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS 
Sec. 201. Reporting of campaign-related disbursements. 
Sec. 202. Reporting of Federal judicial nomination disbursements. 
Sec. 203. Coordination with FinCEN. 
Sec. 204. Application of foreign money ban to disbursements for campaign-re-
lated disbursements consisting of covered transfers. 
Sec. 205. Sense of Congress regarding implementation. 
Sec. 206. Effective date. 
TITLE III—OTHER ADMINISTRATIVE REFORMS 
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Sec. 301. Petition for certiorari. 
Sec. 302. Judicial review of actions related to campaign finance laws. 
Sec. 303. Effective date. 
TITLE IV—STAND BY EVERY AD 
Sec. 401. Short title. 
Sec. 402. Stand by every ad. 
Sec. 403. Disclaimer requirements for communications made through 
prerecorded telephone calls. 
Sec. 404. No expansion of persons subject to disclaimer requirements on inter-
net communications. 
Sec. 405. Effective date. 
TITLE V—SEVERABILITY 
Sec. 501. Severability. 
SEC. 2. FINDINGS. 
1
Congress finds the following: 2
(1) Campaign finance disclosure is a narrowly 3
tailored and minimally restrictive means to advance 4
substantial government interests, including fostering 5
an informed electorate capable of engaging in self- 6
government and holding their elected officials ac-7
countable, detecting and deterring quid pro quo cor-8
ruption, and identifying information necessary to en-9
force other campaign finance laws, including cam-10
paign contribution limits and the prohibition on for-11
eign money in U.S. campaigns. To further these 12
substantial interests, campaign finance disclosure 13
must be timely and complete, and must disclose the 14
true and original source of money given, transferred, 15
and spent to influence Federal elections. Current law 16
does not meet this objective because corporations 17
and other entities that the Supreme Court has per-18
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mitted to spend money to influence Federal elections 1
are subject to few if any transparency requirements. 2
(2) As the Supreme Court recognized in its per 3
curiam opinion in Buckley v. Valeo, 424 U.S. 1, 4
(1976), ‘‘disclosure requirements certainly in most 5
applications appear to be the least restrictive means 6
of curbing the evils of campaign ignorance and cor-7
ruption that Congress found to exist.’’ Buckley, 424 8
U.S. at 68. In Citizens United v. FEC, the Court re-9
iterated that ‘‘disclosure is a less restrictive alter-10
native to more comprehensive regulations of speech.’’ 11
558 U.S. 310, 369 (2010). 12
(3) No subsequent decision has called these 13
holdings into question, including the Court’s decision 14
in Americans for Prosperity Foundation v. Bonta, 15
141 S. Ct. 2373 (2021). That case did not involve 16
campaign finance disclosure, and the Court did not 17
overturn its longstanding recognition of the substan-18
tial interests furthered by such disclosure. 19
(4) Campaign finance disclosure is also essen-20
tial to enforce the Federal Election Campaign Act’s 21
prohibition on contributions by and solicitations of 22
foreign nationals. See section 319 of the Federal 23
Election Campaign Act of 1971 (52 U.S.C. 30121). 24
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(5) Congress should close loopholes allowing 1
spending by foreign nationals in domestic elections. 2
For example, in 2021, the Federal Election Commis-3
sion, the independent Federal agency charged with 4
protecting the integrity of the Federal campaign fi-5
nance process, found reason to believe and concil-6
iated a matter where an experienced political con-7
sultant knowingly and willfully violated Federal law 8
by soliciting a contribution from a foreign national 9
by offering to transmit a $2,000,000 contribution to 10
a super PAC through his company and two 11
501(c)(4) organizations, to conceal the origin of the 12
funds. This scheme was only unveiled after appear-13
ing in a The Telegraph UK article and video cap-14
turing the solicitation. See Conciliation Agreement, 15
MURs 7165 & 7196 (Great America PAC, et al.), 16
date June 28, 2021; Factual and Legal Analysis, 17
MURs 7165 & 7196 (Jesse Benton), dated Mar. 2, 18
2021. 19
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TITLE I—CLOSING LOOPHOLES 1
ALLOWING SPENDING BY 2
FOREIGN NATIONALS IN 3
ELECTIONS 4
SEC. 101. CLARIFICATION OF APPLICATION OF FOREIGN 5
MONEY BAN TO CERTAIN DISBURSEMENTS 6
AND ACTIVITIES. 7
Section 319(b) of the Federal Election Campaign Act 8
of 1971 (52 U.S.C. 30121(b)) is amended— 9
(1) by redesignating paragraphs (1) and (2) as 10
subparagraphs (A) and (B), respectively, and by 11
moving such subparagraphs 2 ems to the right; 12
(2) by striking ‘‘As used in this section, the 13
term’’ and inserting the following: ‘‘D
EFINITIONS.— 14
For purposes of this section— 15
‘‘(1) F
OREIGN NATIONAL.—The term’’; 16
(3) by moving paragraphs (1) and (2) two ems 17
to the right and redesignating them as subpara-18
graphs (A) and (B), respectively; and 19
(4) by adding at the end the following new 20
paragraph: 21
‘‘(2) C
ONTRIBUTION AND DONATION .—For pur-22
poses of paragraphs (1) and (2) of subsection (a), 23
the term ‘contribution or donation’ includes any dis-24
bursement to a political committee which accepts do-25
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nations or contributions that do not comply with any 1
of the limitations, prohibitions, and reporting re-2
quirements of this Act (or any disbursement to or on 3
behalf of any account of a political committee which 4
is established for the purpose of accepting such do-5
nations or contributions), or to any other person for 6
the purpose of funding an expenditure, independent 7
expenditure, or electioneering communication (as de-8
fined in section 304(f)(3)).’’. 9
SEC. 102. STUDY AND REPORT ON ILLICIT FOREIGN MONEY 10
IN FEDERAL ELECTIONS. 11
(a) S
TUDY.—For each 4-year election cycle (begin-12
ning with the 4-year election cycle ending in 2020), the 13
Comptroller General shall conduct a study on the inci-14
dence of illicit foreign money in all elections for Federal 15
office held during the preceding 4-year election cycle, in-16
cluding what information is known about the presence of 17
such money in elections for Federal office. 18
(b) R
EPORT.— 19
(1) I
N GENERAL.—Not later than the applicable 20
date with respect to any 4-year election cycle, the 21
Comptroller General shall submit to the appropriate 22
congressional committees a report on the study con-23
ducted under subsection (a). 24
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(2) MATTERS INCLUDED .—The report sub-1
mitted under paragraph (1) shall include a descrip-2
tion of the extent to which illicit foreign money was 3
used to target particular groups, including rural 4
communities, African-American and other minority 5
communities, and military and veteran communities, 6
based on such targeting information as is available 7
and accessible to the Comptroller General. 8
(3) A
PPLICABLE DATE.—For purposes of para-9
graph (1), the term ‘‘applicable date’’ means— 10
(A) in the case of the 4-year election cycle 11
ending in 2020, the date that is 1 year after 12
the date of the enactment of this Act; and 13
(B) in the case of any other 4-year election 14
cycle, the date that is 1 year after the date on 15
which such 4-year election cycle ends. 16
(c) D
EFINITIONS.—As used in this section: 17
(1) 4-
YEAR ELECTION CYCLE .—The term ‘‘4- 18
year election cycle’’ means the 4-year period ending 19
on the date of the general election for the offices of 20
President and Vice President. 21
(2) I
LLICIT FOREIGN MONEY.—The term ‘‘illicit 22
foreign money’’ means any contribution, donation, 23
expenditure, or disbursement by a foreign national 24
(as defined in section 319(b) of the Federal Election 25
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Campaign Act of 1971 (52 U.S.C. 30121(b))) pro-1
hibited under such section. 2
(3) E
LECTION; FEDERAL OFFICE.—The terms 3
‘‘election’’ and ‘‘Federal office’’ have the meanings 4
given such terms under section 301 of the Federal 5
Election Campaign Act of 1971 (53 U.S.C. 30101). 6
(4) A
PPROPRIATE CONGRESSIONAL COMMIT -7
TEES.—The term ‘‘appropriate congressional com-8
mittees’’ means— 9
(A) the Committee on House Administra-10
tion of the House of Representatives; 11
(B) the Committee on Rules and Adminis-12
tration of the Senate; 13
(C) the Committee on the Judiciary of the 14
House of Representatives; and 15
(D) the Committee on the Judiciary of the 16
Senate. 17
(d) S
UNSET.—This section shall not apply to any 4- 18
year election cycle beginning after the election for the of-19
fices of President and Vice President in 2032. 20
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SEC. 103. PROHIBITION ON CONTRIBUTIONS AND DONA-1
TIONS BY FOREIGN NATIONALS IN CONNEC-2
TION WITH BALLOT INITIATIVES AND 3
REFERENDA. 4
(a) I
NGENERAL.—Section 319(b) of the Federal 5
Election Campaign Act of 1971 (52 U.S.C. 30121(b)), as 6
amended by section 101, is amended by adding at the end 7
the following new paragraphs: 8
‘‘(3) F
EDERAL, STATE, OR LOCAL ELECTION.— 9
The term ‘Federal, State, or local election’ includes 10
a State or local ballot initiative or referendum, but 11
only in the case of— 12
‘‘(A) a covered foreign national as defined 13
in paragraph (4); or 14
‘‘(B) a foreign principal described in sec-15
tion 1(b)(2) or 1(b)(3) of the Foreign Agent 16
Registration Act of 1938, as amended (22 17
U.S.C. 611(b)(2) or (b)(3)) or an agent of such 18
a foreign principal under such Act. 19
‘‘(4) C
OVERED FOREIGN NATIONAL .— 20
‘‘(A) I
N GENERAL.—The term ‘covered for-21
eign national’ means— 22
‘‘(i) a foreign principal (as defined in 23
section 1(b) of the Foreign Agents Reg-24
istration Act of 1938 (22 U.S.C. 611(b))) 25
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that is a government of a foreign country 1
or a foreign political party; 2
‘‘(ii) any person who acts as an agent, 3
representative, employee, or servant, or 4
any person who acts in any other capacity 5
at the order, request, or under the direc-6
tion or control, of a foreign principal de-7
scribed in clause (i) or of a person any of 8
whose activities are directly or indirectly 9
supervised, directed, controlled, financed, 10
or subsidized in whole or in major part by 11
a foreign principal described in clause (i); 12
or 13
‘‘(iii) any person included in the list of 14
specially designated nationals and blocked 15
persons maintained by the Office of For-16
eign Assets Control of the Department of 17
the Treasury pursuant to authorities relat-18
ing to the imposition of sanctions relating 19
to the conduct of a foreign principal de-20
scribed in clause (i). 21
‘‘(B) C
LARIFICATION REGARDING APPLICA -22
TION TO CITIZENS OF THE UNITED STATES .— 23
In the case of a citizen of the United States, 24
clause (ii) of subparagraph (A) applies only to 25
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the extent that the person involved acts within 1
the scope of that person’s status as the agent 2
of a foreign principal described in clause (i) of 3
subparagraph (A).’’. 4
(b) E
FFECTIVEDATE.—The amendment made by 5
this section shall apply with respect to elections held in 6
2024 or any succeeding year. 7
SEC. 104. DISBURSEMENTS AND ACTIVITIES SUBJECT TO 8
FOREIGN MONEY BAN. 9
(a) D
ISBURSEMENTS DESCRIBED.—Section 10
319(a)(1) of the Federal Election Campaign Act of 1971 11
(52 U.S.C. 30121(a)(1)) is amended— 12
(1) by striking ‘‘or’’ at the end of subparagraph 13
(B); and 14
(2) by striking subparagraph (C) and inserting 15
the following: 16
‘‘(C) an expenditure; 17
‘‘(D) an independent expenditure; 18
‘‘(E) a disbursement for an electioneering 19
communication (within the meaning of section 20
304(f)(3)); 21
‘‘(F) a disbursement for a communication 22
which is placed or promoted for a fee on a 23
website, web application, or digital application 24
that refers to a clearly identified candidate for 25
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election for Federal office and is disseminated 1
within 60 days before a general, special or run-2
off election for the office sought by the can-3
didate or 30 days before a primary or pref-4
erence election, or a convention or caucus of a 5
political party that has authority to nominate a 6
candidate for the office sought by the can-7
didate; 8
‘‘(G) a disbursement by a covered foreign 9
national (as defined in subsection (b)(4)) for a 10
broadcast, cable or satellite communication, or 11
for a communication which is placed or pro-12
moted for a fee on a website, web application, 13
or digital application, that promotes, supports, 14
attacks or opposes the election of a clearly iden-15
tified candidate for Federal, State, or local of-16
fice (regardless of whether the communication 17
contains express advocacy or the functional 18
equivalent of express advocacy); 19
‘‘(H) a disbursement for a broadcast, 20
cable, or satellite communication, or for any 21
communication which is placed or promoted for 22
a fee on an online platform (as defined in sub-23
section (b)(5)), that discusses a national legisla-24
tive issue of public importance in a year in 25
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which a regularly scheduled general election for 1
Federal office is held, but only if the disburse-2
ment is made by a covered foreign national (as 3
defined in subsection (b)(4)); 4
‘‘(I) a disbursement by a covered foreign 5
national (as defined in subsection (b)(4)) to 6
compensate any person for internet activity that 7
promotes, supports, attacks or opposes the elec-8
tion of a clearly identified candidate for Fed-9
eral, State, or local office (regardless of whether 10
the activity contains express advocacy or the 11
functional equivalent of express advocacy); or 12
‘‘(J) a disbursement by a covered foreign 13
national (as defined in subsection (b)(4)) for a 14
Federal judicial nomination communication (as 15
defined in section 324(g)(2));’’. 16
(b) D
EFINITION OFONLINEPLATFORM.—Section 17
319(b) of such Act (52 U.S.C. 30121(b)), as amended by 18
sections 101 and 103, is amended by adding at the end 19
the following new paragraph: 20
‘‘(5) O
NLINE PLATFORM.— 21
‘‘(A) I
N GENERAL.—For purposes of this 22
section, subject to subparagraph (B), the term 23
‘online platform’ means any public-facing 24
website, web application, or digital application 25
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(including a social network, ad network, or 1
search engine) which— 2
‘‘(i)(I) sells qualified political adver-3
tisements; and 4
‘‘(II) has 50,000,000 or more unique 5
monthly United States visitors or users for 6
a majority of months during the preceding 7
12 months; or 8
‘‘(ii) is a third-party advertising ven-9
dor that has 50,000,000 or more unique 10
monthly United States visitors in the ag-11
gregate on any advertisement space that it 12
has sold or bought for a majority of 13
months during the preceding 12 months, 14
as measured by an independent digital rat-15
ings service accredited by the Media Rat-16
ings Council (or its successor). 17
‘‘(B) E
XEMPTION.—Such term shall not 18
include any online platform that is a distribu-19
tion facility of any broadcasting station or 20
newspaper, magazine, blog, publication, or peri-21
odical. 22
‘‘(C) T
HIRD-PARTY ADVERTISING VENDOR 23
DEFINED.—For purposes of this subsection, the 24
term ‘third-party advertising vendor’ includes, 25
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but is not limited to, any third-party adver-1
tising vendor network, advertising agency, ad-2
vertiser, or third-party advertisement serving 3
company that buys and sells advertisement 4
space on behalf of unaffiliated third-party 5
websites, search engines, digital applications, or 6
social media sites.’’. 7
(c) E
FFECTIVEDATE.—The amendments made by 8
this section shall apply with respect to disbursements 9
made on or after the date of the enactment of this Act. 10
SEC. 105. PROHIBITING ESTABLISHMENT OF CORPORATION 11
TO CONCEAL ELECTION CONTRIBUTIONS 12
AND DONATIONS BY FOREIGN NATIONALS. 13
(a) P
ROHIBITION.—Chapter 29 of title 18, United 14
States Code is amended by adding at the end the fol-15
lowing: 16
‘‘§ 612. Establishment of corporation to conceal elec-17
tion contributions and donations by for-18
eign nationals 19
‘‘(a) O
FFENSE.—It shall be unlawful for an owner, 20
officer, attorney, or incorporation agent of a corporation, 21
company, or other entity to establish or use the corpora-22
tion, company, or other entity with the intent to conceal 23
an activity of a foreign national (as defined in section 319 24
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of the Federal Election Campaign Act of 1971 (52 U.S.C. 1
30121)) prohibited under such section 319. 2
‘‘(b) P
ENALTY.—Any person who violates subsection 3
(a) shall be imprisoned for not more than 5 years, fined 4
under this title, or both.’’. 5
(b) T
ABLE OFSECTIONS.—The table of sections for 6
chapter 29 of title 18, United States Code is amended by 7
adding at the end the following new item: 8
‘‘612. Establishment of corporation to conceal election contributions and dona-
tions by foreign nationals.’’. 
TITLE II—REPORTING OF CAM-9
PAIGN-RELATED DISBURSE-10
MENTS 11
SEC. 201. REPORTING OF CAMPAIGN-RELATED DISBURSE-12
MENTS. 13
(a) I
NGENERAL.—Section 324 of the Federal Elec-14
tion Campaign Act of 1971 (52 U.S.C. 30126) is amended 15
to read as follows: 16
‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE-17
MENTS BY COVERED ORGANIZATIONS. 18
‘‘(a) D
ISCLOSURESTATEMENT.— 19
‘‘(1) I
N GENERAL.—Any covered organization 20
that makes campaign-related disbursements aggre-21
gating more than $10,000 in an election reporting 22
cycle shall, not later than 24 hours after each disclo-23
sure date, file a statement with the Commission 24
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made under penalty of perjury that contains the in-1
formation described in paragraph (2)— 2
‘‘(A) in the case of the first statement filed 3
under this subsection, for the period beginning 4
on the first day of the election reporting cycle 5
(or, if earlier, the period beginning one year be-6
fore the first such disclosure date) and ending 7
on the first such disclosure date; and 8
‘‘(B) in the case of any subsequent state-9
ment filed under this subsection, for the period 10
beginning on the previous disclosure date and 11
ending on such disclosure date. 12
‘‘(2) I
NFORMATION DESCRIBED .—The informa-13
tion described in this paragraph is as follows: 14
‘‘(A) The name of the covered organization 15
and the principal place of business of such or-16
ganization and, in the case of a covered organi-17
zation that is a corporation (other than a busi-18
ness concern that is an issuer of a class of secu-19
rities registered under section 12 of the Securi-20
ties Exchange Act of 1934 (15 U.S.C. 78l) or 21
that is required to file reports under section 22
15(d) of that Act (15 U.S.C. 78o(d))) or an en-23
tity described in subsection (e)(2), a list of the 24
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beneficial owners (as defined in paragraph 1
(4)(A)) of the entity that— 2
‘‘(i) identifies each beneficial owner by 3
name and current residential or business 4
street address; and 5
‘‘(ii) if any beneficial owner exercises 6
control over the entity through another 7
legal entity, such as a corporation, partner-8
ship, limited liability company, or trust, 9
identifies each such other legal entity and 10
each such beneficial owner who will use 11
that other entity to exercise control over 12
the entity. 13
‘‘(B) The amount of each campaign-related 14
disbursement made by such organization during 15
the period covered by the statement of more 16
than $1,000, and the name and address of the 17
person to whom the disbursement was made. 18
‘‘(C) In the case of a campaign-related dis-19
bursement that is not a covered transfer, the 20
election to which the campaign-related disburse-21
ment pertains and if the disbursement is made 22
for a public communication, the name of any 23
candidate identified in such communication and 24
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•HR 1118 IH
if such communication is in support of or in op-1
position to the identified candidate. 2
‘‘(D) A certification by the chief executive 3
officer or person who is the head of the covered 4
organization that the campaign-related dis-5
bursement is not made in cooperation, consulta-6
tion, or concert with or at the request or sug-7
gestion of a candidate, authorized committee, or 8
agent of a candidate, political party, or agent of 9
a political party. 10
‘‘(E)(i) If the covered organization makes 11
campaign-related disbursements using exclu-12
sively funds in a campaign-related disbursement 13
segregated fund, for each payment made to the 14
account by a person other than the covered or-15
ganization— 16
‘‘(I) the name and address of each 17
person who made such payment to the ac-18
count during the period covered by the 19
statement; 20
‘‘(II) the date and amount of such 21
payment; and 22
‘‘(III) the aggregate amount of all 23
such payments made by the person during 24
the period beginning on the first day of the 25
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election reporting cycle (or, if earlier, the 1
period beginning one year before the dis-2
closure date) and ending on the disclosure 3
date, 4
but only if such payment was made by a person 5
who made payments to the account in an aggre-6
gate amount of $10,000 or more during the pe-7
riod beginning on the first day of the election 8
reporting cycle (or, if earlier, the period begin-9
ning one year before the disclosure date) and 10
ending on the disclosure date. 11
‘‘(ii) In any calendar year after 2024, sec-12
tion 315(c)(1)(B) shall apply to the amount de-13
scribed in clause (i) in the same manner as 14
such section applies to the limitations estab-15
lished under subsections (a)(1)(A), (a)(1)(B), 16
(a)(3), and (h) of such section, except that for 17
purposes of applying such section to the 18
amounts described in subsection (b), the ‘base 19
period’ shall be calendar year 2024. 20
‘‘(F)(i) If the covered organization makes 21
campaign-related disbursements using funds 22
other than funds in a campaign-related dis-23
bursement segregated fund, for each payment 24
to the covered organization— 25
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‘‘(I) the name and address of each 1
person who made such payment during the 2
period covered by the statement; 3
‘‘(II) the date and amount of such 4
payment; and 5
‘‘(III) the aggregate amount of all 6
such payments made by the person during 7
the period beginning on the first day of the 8
election reporting cycle (or, if earlier, the 9
period beginning one year before the dis-10
closure date) and ending on the disclosure 11
date, 12
but only if such payment was made by a person 13
who made payments to the covered organization 14
in an aggregate amount of $10,000 or more 15
during the period beginning on the first day of 16
the election reporting cycle (or, if earlier, the 17
period beginning one year before the disclosure 18
date) and ending on the disclosure date. 19
‘‘(ii) In any calendar year after 2024, sec-20
tion 315(c)(1)(B) shall apply to the amount de-21
scribed in clause (i) in the same manner as 22
such section applies to the limitations estab-23
lished under subsections (a)(1)(A), (a)(1)(B), 24
(a)(3), and (h) of such section, except that for 25
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•HR 1118 IH
purposes of applying such section to the 1
amounts described in subsection (b), the ‘base 2
period’ shall be calendar year 2024. 3
‘‘(G) Such other information as required in 4
rules established by the Commission to promote 5
the purposes of this section. 6
‘‘(3) E
XCEPTIONS.— 7
‘‘(A) A
MOUNTS RECEIVED IN ORDINARY 8
COURSE OF BUSINESS.—The requirement to in-9
clude in a statement filed under paragraph (1) 10
the information described in paragraph (2) 11
shall not apply to amounts received by the cov-12
ered organization in commercial transactions in 13
the ordinary course of any trade or business 14
conducted by the covered organization or in the 15
form of investments (other than investments by 16
the principal shareholder in a limited liability 17
corporation) in the covered organization. For 18
purposes of this subparagraph, amounts re-19
ceived by a covered organization as remittances 20
from an employee to the employee’s collective 21
bargaining representative shall be treated as 22
amounts received in commercial transactions in 23
the ordinary course of the business conducted 24
by the covered organization. 25
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‘‘(B) DONOR RESTRICTION ON USE OF 1
FUNDS.—The requirement to include in a state-2
ment submitted under paragraph (1) the infor-3
mation described in subparagraph (F) of para-4
graph (2) shall not apply if— 5
‘‘(i) the person described in such sub-6
paragraph prohibited, in writing, the use of 7
the payment made by such person for cam-8
paign-related disbursements; and 9
‘‘(ii) the covered organization agreed 10
to follow the prohibition and deposited the 11
payment in an account which is segregated 12
from a campaign-related disbursement seg-13
regated fund and any other account used 14
to make campaign-related disbursements. 15
‘‘(C) T
HREAT OF HARASSMENT OR RE -16
PRISAL.—The requirement to include any infor-17
mation relating to the name or address of any 18
person (other than a candidate) in a statement 19
submitted under paragraph (1) shall not apply 20
if the inclusion of the information would subject 21
the person to serious threats, harassment, or 22
reprisals. 23
‘‘(4) O
THER DEFINITIONS.—For purposes of 24
this section: 25
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‘‘(A) BENEFICIAL OWNER DEFINED .— 1
‘‘(i) I
N GENERAL.—Except as pro-2
vided in clause (ii), the term ‘beneficial 3
owner’ means, with respect to any entity, 4
a natural person who, directly or indi-5
rectly— 6
‘‘(I) exercises substantial control 7
over an entity through ownership, vot-8
ing rights, agreement, or otherwise; or 9
‘‘(II) has a substantial interest in 10
or receives substantial economic bene-11
fits from the assets of an entity. 12
‘‘(ii) E
XCEPTIONS.—The term ‘bene-13
ficial owner’ shall not include— 14
‘‘(I) a minor child; 15
‘‘(II) a person acting as a nomi-16
nee, intermediary, custodian, or agent 17
on behalf of another person; 18
‘‘(III) a person acting solely as 19
an employee of an entity and whose 20
control over or economic benefits from 21
the entity derives solely from the em-22
ployment status of the person; 23
‘‘(IV) a person whose only inter-24
est in an entity is through a right of 25
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•HR 1118 IH
inheritance, unless the person also 1
meets the requirements of clause (i); 2
or 3
‘‘(V) a creditor of an entity, un-4
less the creditor also meets the re-5
quirements of clause (i). 6
‘‘(iii) A
NTI-ABUSE RULE.—The excep-7
tions under clause (ii) shall not apply if 8
used for the purpose of evading, circum-9
venting, or abusing the provisions of clause 10
(i) or paragraph (2)(A). 11
‘‘(B) C
AMPAIGN-RELATED DISBURSEMENT 12
SEGREGATED FUND .—The term ‘campaign-re-13
lated disbursement segregated fund’ means a 14
segregated bank account consisting of funds 15
that were paid directly to such account by per-16
sons other than the covered organization that 17
controls the account. 18
‘‘(C) D
ISCLOSURE DATE.—The term ‘dis-19
closure date’ means— 20
‘‘(i) the first date during any election 21
reporting cycle by which a person has 22
made campaign-related disbursements ag-23
gregating more than $10,000; and 24
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•HR 1118 IH
‘‘(ii) any other date during such elec-1
tion reporting cycle by which a person has 2
made campaign-related disbursements ag-3
gregating more than $10,000 since the 4
most recent disclosure date for such elec-5
tion reporting cycle. 6
‘‘(D) E
LECTION REPORTING CYCLE .—The 7
term ‘election reporting cycle’ means the 2-year 8
period beginning on the date of the most recent 9
general election for Federal office. 10
‘‘(E) P
AYMENT.—The term ‘payment’ in-11
cludes any contribution, donation, transfer, pay-12
ment of dues, or other payment. 13
‘‘(b) C
OORDINATIONWITHOTHERPROVISIONS.— 14
‘‘(1) O
THER REPORTS FILED WITH THE COM -15
MISSION.—Information included in a statement filed 16
under this section may be excluded from statements 17
and reports filed under section 304. 18
‘‘(2) T
REATMENT AS SEPARATE SEGREGATED 19
FUND.—A campaign-related disbursement seg-20
regated fund may be treated as a separate seg-21
regated fund for purposes of section 527(f)(3) of the 22
Internal Revenue Code of 1986. 23
‘‘(c) F
ILING.—Statements required to be filed under 24
subsection (a) shall be subject to the requirements of sec-25
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•HR 1118 IH
tion 304(d) to the same extent and in the same manner 1
as if such reports had been required under subsection (c) 2
or (g) of section 304. 3
‘‘(d) C
AMPAIGN-RELATED DISBURSEMENT DE-4
FINED.— 5
‘‘(1) I
N GENERAL.—In this section, the term 6
‘campaign-related disbursement’ means a disburse-7
ment by a covered organization for any of the fol-8
lowing: 9
‘‘(A) An independent expenditure which ex-10
pressly advocates the election or defeat of a 11
clearly identified candidate for election for Fed-12
eral office, or is the functional equivalent of ex-13
press advocacy because, when taken as a whole, 14
it can be interpreted by a reasonable person 15
only as advocating the election or defeat of a 16
candidate for election for Federal office. 17
‘‘(B) An applicable public communication. 18
‘‘(C) An electioneering communication, as 19
defined in section 304(f)(3). 20
‘‘(D) A covered transfer. 21
‘‘(2) A
PPLICABLE PUBLIC COMMUNICATIONS .— 22
‘‘(A) I
N GENERAL.—The term ‘applicable 23
public communication’ means any public com-24
munication that refers to a clearly identified 25
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•HR 1118 IH
candidate for election for Federal office and 1
which promotes or supports the election of a 2
candidate for that office, or attacks or opposes 3
the election of a candidate for that office, with-4
out regard to whether the communication ex-5
pressly advocates a vote for or against a can-6
didate for that office. 7
‘‘(B) E
XCEPTION.—Such term shall not in-8
clude any news story, commentary, or editorial 9
distributed through the facilities of any broad-10
casting station or any print, online, or digital 11
newspaper, magazine, publication, or periodical, 12
unless such facilities are owned or controlled by 13
any political party, political committee, or can-14
didate. 15
‘‘(e) C
OVEREDORGANIZATIONDEFINED.—In this 16
section, the term ‘covered organization’ means any of the 17
following: 18
‘‘(1) A corporation (other than an organization 19
described in section 501(c)(3) of the Internal Rev-20
enue Code of 1986). 21
‘‘(2) A limited liability corporation that is not 22
otherwise treated as a corporation for purposes of 23
this Act (other than an organization described in 24
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•HR 1118 IH
section 501(c)(3) of the Internal Revenue Code of 1
1986). 2
‘‘(3) An organization described in section 3
501(c) of such Code and exempt from taxation 4
under section 501(a) of such Code (other than an 5
organization described in section 501(c)(3) of such 6
Code). 7
‘‘(4) A labor organization (as defined in section 8
316(b)). 9
‘‘(5) Any political organization under section 10
527 of the Internal Revenue Code of 1986, other 11
than a political committee under this Act (except as 12
provided in paragraph (6)). 13
‘‘(6) A political committee with an account that 14
accepts donations or contributions that do not com-15
ply with the contribution limits or source prohibi-16
tions under this Act, but only with respect to such 17
accounts. 18
‘‘(f) C
OVEREDTRANSFERDEFINED.— 19
‘‘(1) I
N GENERAL.—In this section, the term 20
‘covered transfer’ means any transfer or payment of 21
funds by a covered organization to another person if 22
the covered organization— 23
‘‘(A) designates, requests, or suggests that 24
the amounts be used for— 25
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•HR 1118 IH
‘‘(i) campaign-related disbursements 1
(other than covered transfers); or 2
‘‘(ii) making a transfer to another 3
person for the purpose of making or pay-4
ing for such campaign-related disburse-5
ments; 6
‘‘(B) made such transfer or payment in re-7
sponse to a solicitation or other request for a 8
donation or payment for— 9
‘‘(i) the making of or paying for cam-10
paign-related disbursements (other than 11
covered transfers); or 12
‘‘(ii) making a transfer to another 13
person for the purpose of making or pay-14
ing for such campaign-related disburse-15
ments; 16
‘‘(C) engaged in discussions with the re-17
cipient of the transfer or payment regarding— 18
‘‘(i) the making of or paying for cam-19
paign-related disbursements (other than 20
covered transfers); or 21
‘‘(ii) donating or transferring any 22
amount of such transfer or payment to an-23
other person for the purpose of making or 24
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•HR 1118 IH
paying for such campaign-related disburse-1
ments; or 2
‘‘(D) knew or had reason to know that the 3
person receiving the transfer or payment would 4
make campaign-related disbursements in an ag-5
gregate amount of $50,000 or more during the 6
2-year period beginning on the date of the 7
transfer or payment. 8
‘‘(2) E
XCLUSIONS.—The term ‘covered transfer’ 9
does not include any of the following: 10
‘‘(A) A disbursement made by a covered 11
organization in a commercial transaction in the 12
ordinary course of any trade or business con-13
ducted by the covered organization or in the 14
form of investments made by the covered orga-15
nization. 16
‘‘(B) A disbursement made by a covered 17
organization if— 18
‘‘(i) the covered organization prohib-19
ited, in writing, the use of such disburse-20
ment for campaign-related disbursements; 21
and 22
‘‘(ii) the recipient of the disbursement 23
agreed to follow the prohibition and depos-24
ited the disbursement in an account which 25
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•HR 1118 IH
is segregated from a campaign-related dis-1
bursement segregated fund and any other 2
account used to make campaign-related 3
disbursements. 4
‘‘(3) S
PECIAL RULE REGARDING TRANSFERS 5
AMONG AFFILIATES.— 6
‘‘(A) S
PECIAL RULE.—A transfer of an 7
amount by one covered organization to another 8
covered organization which is treated as a 9
transfer between affiliates under subparagraph 10
(C) shall be considered a covered transfer by 11
the covered organization which transfers the 12
amount only if the aggregate amount trans-13
ferred during the year by such covered organi-14
zation to that same covered organization is 15
equal to or greater than $50,000. 16
‘‘(B) D
ETERMINATION OF AMOUNT OF 17
CERTAIN PAYMENTS AMONG AFFILIATES .—In 18
determining the amount of a transfer between 19
affiliates for purposes of subparagraph (A), to 20
the extent that the transfer consists of funds 21
attributable to dues, fees, or assessments which 22
are paid by individuals on a regular, periodic 23
basis in accordance with a per-individual cal-24
culation which is made on a regular basis, the 25
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•HR 1118 IH
transfer shall be attributed to the individuals 1
paying the dues, fees, or assessments and shall 2
not be attributed to the covered organization. 3
‘‘(C) D
ESCRIPTION OF TRANSFERS BE -4
TWEEN AFFILIATES .—A transfer of amounts 5
from one covered organization to another cov-6
ered organization shall be treated as a transfer 7
between affiliates if— 8
‘‘(i) one of the organizations is an af-9
filiate of the other organization; or 10
‘‘(ii) each of the organizations is an 11
affiliate of the same organization, 12
except that the transfer shall not be treated as 13
a transfer between affiliates if one of the orga-14
nizations is established for the purpose of mak-15
ing campaign-related disbursements. 16
‘‘(D) D
ETERMINATION OF AFFILIATE STA -17
TUS.—For purposes of subparagraph (C), a 18
covered organization is an affiliate of another 19
covered organization if— 20
‘‘(i) the governing instrument of the 21
organization requires it to be bound by de-22
cisions of the other organization; 23
‘‘(ii) the governing board of the orga-24
nization includes persons who are specifi-25
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•HR 1118 IH
cally designated representatives of the 1
other organization or are members of the 2
governing board, officers, or paid executive 3
staff members of the other organization, or 4
whose service on the governing board is 5
contingent upon the approval of the other 6
organization; or 7
‘‘(iii) the organization is chartered by 8
the other organization. 9
‘‘(E) C
OVERAGE OF TRANSFERS TO AF -10
FILIATED SECTION 501(c)(3) ORGANIZA-11
TIONS.—This paragraph shall apply with re-12
spect to an amount transferred by a covered or-13
ganization to an organization described in para-14
graph (3) of section 501(c) of the Internal Rev-15
enue Code of 1986 and exempt from tax under 16
section 501(a) of such Code in the same man-17
ner as this paragraph applies to an amount 18
transferred by a covered organization to an-19
other covered organization. 20
‘‘(g) N
OEFFECT ONOTHERREPORTINGREQUIRE-21
MENTS.—Except as provided in subsection (b)(1), nothing 22
in this section shall be construed to waive or otherwise 23
affect any other requirement of this Act which relates to 24
the reporting of campaign-related disbursements.’’. 25
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•HR 1118 IH
(b) CONFORMINGAMENDMENT.—Section 304(f)(6) 1
of such Act (52 U.S.C. 30104) is amended by striking 2
‘‘Any requirement’’ and inserting ‘‘Except as provided in 3
section 324(b), any requirement’’. 4
(c) R
EGULATIONS.—Not later than 6 months after 5
the date of the enactment of this Act, the Federal Election 6
Commission shall promulgate regulations relating the ap-7
plication of the exemption under section 324(a)(3)(C) of 8
the Federal Election Campaign Act of 1971 (as added by 9
subsection (a)). Such regulations— 10
(1) shall require that the legal burden of estab-11
lishing eligibility for such exemption is upon the or-12
ganization required to make the report required 13
under section 324(a)(1) of such Act (as added by 14
subsection (a)), and 15
(2) shall be consistent with the principles ap-16
plied in Citizens United v. Federal Election Commis-17
sion, 558 U.S. 310 (2010). 18
SEC. 202. REPORTING OF FEDERAL JUDICIAL NOMINATION 19
DISBURSEMENTS. 20
(a) F
INDINGS.—Congress makes the following find-21
ings: 22
(1) A fair and impartial judiciary is critical for 23
our democracy and crucial to maintain the faith of 24
the people of the United States in the justice sys-25
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•HR 1118 IH
tem. As the Supreme Court held in Caperton v. 1
Massey, ‘‘there is a serious risk of actual bias— 2
based on objective and reasonable perceptions— 3
when a person with a personal stake in a particular 4
case had a significant and disproportionate influence 5
in placing the judge on the case.’’ (Caperton v. A. 6
T. Massey Coal Co., 556 U.S. 868, 884 (2009)). 7
(2) Public trust in government is at a historic 8
low. According to polling, most Americans believe 9
that corporations have too much power and influence 10
in politics and the courts. 11
(3) The prevalence and pervasiveness of dark 12
money drives public concern about corruption in pol-13
itics and the courts. Dark money is funding for or-14
ganizations and political activities that cannot be 15
traced to actual donors. It is made possible by loop-16
holes in our tax laws and regulations, weak oversight 17
by the Internal Revenue Service, and donor-friendly 18
court decisions. 19
(4) Under current law, ‘‘social welfare’’ organi-20
zations and business leagues can use funds to influ-21
ence elections so long as political activity is not their 22
‘‘primary’’ activity. Super PACs can accept and 23
spend unlimited contributions from any non-foreign 24
source. These groups can spend tens of millions of 25
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•HR 1118 IH
dollars on political activities. Such dark money 1
groups spent an estimated $1,050,000,000 in the 2
2020 election cycle. 3
(5) Dark money is used to shape judicial deci-4
sion-making. This can take many forms, akin to 5
agency capture: influencing judicial selection by con-6
trolling who gets nominated and funding candidate 7
advertisements; creating public relations campaigns 8
aimed at mobilizing the judiciary around particular 9
issues; and drafting law review articles, amicus 10
briefs, and other products which tell judges how to 11
decide a given case and provide ready-made argu-12
ments for willing judges to adopt. 13
(6) Over the past decade, nonprofit organiza-14
tions that do not disclose their donors have spent 15
hundreds of millions of dollars to influence the nomi-16
nation and confirmation process for Federal judges. 17
One organization alone has spent nearly 18
$40,000,000 on advertisements supporting or oppos-19
ing Supreme Court nominees since 2016. 20
(7) Anonymous money spent on judicial nomi-21
nations is not subject to any disclosure require-22
ments. Federal election laws only regulate contribu-23
tions and expenditures relating to electoral politics; 24
thus, expenditures, contributions, and advocacy ef-25
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•HR 1118 IH
forts for Federal judgeships are not covered under 1
the Federal Election Campaign Act of 1971. With-2
out more disclosure, the public has no way of know-3
ing whether the people spending money supporting 4
or opposing judicial nominations have business be-5
fore the courts. 6
(8) Congress and the American people have a 7
compelling interest in knowing who is funding these 8
campaigns to select and confirm judges to lifetime 9
appointments on the Federal bench. 10
(b) R
EPORTING.—Section 324 of the Federal Elec-11
tion Campaign Act of 1971 (52 U.S.C. 30126), as amend-12
ed by section 201, is amended by redesignating subsection 13
(g) as subsection (h) and by inserting after subsection (f) 14
the following new subsection: 15
‘‘(g) A
PPLICATION TOFEDERALJUDICIALNOMINA-16
TIONS.— 17
‘‘(1) I
N GENERAL.—For purposes of this sec-18
tion— 19
‘‘(A) a disbursement by a covered organi-20
zation for a Federal judicial nomination com-21
munication shall be treated as a campaign-re-22
lated disbursement; and 23
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•HR 1118 IH
‘‘(B) in the case of campaign-related dis-1
bursements which are for Federal judicial nomi-2
nation communications— 3
‘‘(i) the dollar amounts in paragraphs 4
(1) and (2) of subsection (a) shall be ap-5
plied separately with respect to such dis-6
bursements and other campaign-related 7
disbursements; 8
‘‘(ii) the election reporting cycle shall 9
be the calendar year in which the disburse-10
ment for the Federal judicial nomination 11
communication is made; 12
‘‘(iii) references to a candidate in sub-13
sections (a)(2)(C), (a)(2)(D), and 14
(a)(3)(C) shall be treated as references to 15
a nominee for a Federal judge or justice; 16
and 17
‘‘(iv) the reference to an election in 18
subsection (a)(2)(C) shall be treated as a 19
reference to the nomination of such nomi-20
nee. 21
‘‘(2) F
EDERAL JUDICIAL NOMINATION COMMU -22
NICATION.— 23
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‘‘(A) IN GENERAL.—The term ‘Federal ju-1
dicial nomination communication’ means any 2
communication— 3
‘‘(i) that is by means of any broad-4
cast, cable, or satellite, paid internet, or 5
paid digital communication, paid pro-6
motion, newspaper, magazine, outdoor ad-7
vertising facility, mass mailing, telephone 8
bank, telephone messaging effort of more 9
than 500 substantially similar calls or elec-10
tronic messages within a 30-day period, or 11
any other form of general public political 12
advertising; and 13
‘‘(ii) which promotes, supports, at-14
tacks, or opposes the nomination or Senate 15
confirmation of an individual as a Federal 16
judge or justice. 17
‘‘(B) E
XCEPTION.—Such term shall not in-18
clude any news story, commentary, or editorial 19
distributed through the facilities of any broad-20
casting station or any print, online, or digital 21
newspaper, magazine, publication, or periodical, 22
unless such facilities are owned or controlled by 23
any political party, political committee, or can-24
didate. 25
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‘‘(C) INTENT NOT REQUIRED .—A disburse-1
ment for an item described in subparagraph (A) 2
shall be treated as a disbursement for a Federal 3
judicial nomination communication regardless 4
of the intent of the person making the disburse-5
ment.’’. 6
SEC. 203. COORDINATION WITH FINCEN. 7
(a) I
NGENERAL.—The Director of the Financial 8
Crimes Enforcement Network of the Department of the 9
Treasury shall provide the Federal Election Commission 10
with such information as necessary to assist in admin-11
istering and enforcing section 324 of the Federal Election 12
Campaign Act of 1971, as amended by this title. 13
(b) R
EPORT.—Not later than 6 months after the date 14
of the enactment of this Act, the Chairman of the Federal 15
Election Commission, in consultation with the Director of 16
the Financial Crimes Enforcement Network of the De-17
partment of the Treasury, shall submit to Congress a re-18
port with recommendations for providing further legisla-19
tive authority to assist in the administration and enforce-20
ment of such section 324. 21
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•HR 1118 IH
SEC. 204. APPLICATION OF FOREIGN MONEY BAN TO DIS-1
BURSEMENTS FOR CAMPAIGN-RELATED DIS-2
BURSEMENTS CONSISTING OF COVERED 3
TRANSFERS. 4
Section 319(b)(2) of the Federal Election Campaign 5
Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by 6
section 101, is amended— 7
(1) by striking ‘‘includes any disbursement’’ 8
and inserting ‘‘includes— 9
‘‘(A) any disbursement’’; 10
(2) by striking the period at the end and insert-11
ing ‘‘; and’’, and 12
(3) by adding at the end the following new sub-13
paragraph: 14
‘‘(B) any disbursement, other than a dis-15
bursement described in section 324(a)(3)(A), to 16
another person who made a campaign-related 17
disbursement consisting of a covered transfer 18
(as described in section 324) during the 2-year 19
period ending on the date of the disburse-20
ment.’’. 21
SEC. 205. SENSE OF CONGRESS REGARDING IMPLEMENTA-22
TION. 23
It is the sense of Congress that the Federal Election 24
Commission should simplify the process for filing any dis-25
closure required under the provisions of, and amendments 26
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•HR 1118 IH
made by, this title in order to ensure that such process 1
is as easy and accessible as possible. 2
SEC. 206. EFFECTIVE DATE. 3
The amendments made by this title shall apply with 4
respect to disbursements made on or after January 1, 5
2024, and shall take effect without regard to whether or 6
not the Federal Election Commission has promulgated 7
regulations to carry out such amendments. 8
TITLE III—OTHER 9
ADMINISTRATIVE REFORMS 10
SEC. 301. PETITION FOR CERTIORARI. 11
Section 307(a)(6) of the Federal Election Campaign 12
Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in-13
serting ‘‘(including a proceeding before the Supreme 14
Court on certiorari)’’ after ‘‘appeal’’. 15
SEC. 302. JUDICIAL REVIEW OF ACTIONS RELATED TO CAM-16
PAIGN FINANCE LAWS. 17
(a) I
NGENERAL.—Title IV of the Federal Election 18
Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is 19
amended by inserting after section 406 the following new 20
section: 21
‘‘SEC. 407. JUDICIAL REVIEW. 22
‘‘(a) I
NGENERAL.—If any action is brought for de-23
claratory or injunctive relief to challenge, whether facially 24
or as-applied, the constitutionality or lawfulness of any 25
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•HR 1118 IH
provision of this Act, including title V, or of chapter 95 1
or 96 of the Internal Revenue Code of 1986, or is brought 2
to with respect to any action of the Commission under 3
chapter 95 or 96 of the Internal Revenue Code of 1986, 4
the following rules shall apply: 5
‘‘(1) The action shall be filed in the United 6
States District Court for the District of Columbia 7
and an appeal from the decision of the district court 8
may be taken to the Court of Appeals for the Dis-9
trict of Columbia Circuit. 10
‘‘(2) In the case of an action relating to declar-11
atory or injunctive relief to challenge the constitu-12
tionality of a provision, the party filing the action 13
shall concurrently deliver a copy of the complaint to 14
the Clerk of the House of Representatives and the 15
Secretary of the Senate. 16
‘‘(3) It shall be the duty of the United States 17
District Court for the District of Columbia and the 18
Court of Appeals for the District of Columbia Cir-19
cuit to advance on the docket and to expedite to the 20
greatest possible extent the disposition of the action 21
and appeal. 22
‘‘(b) C
LARIFYINGSCOPE OFJURISDICTION.—If an 23
action at the time of its commencement is not subject to 24
subsection (a), but an amendment, counterclaim, cross- 25
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•HR 1118 IH
claim, affirmative defense, or any other pleading or motion 1
is filed challenging, whether facially or as-applied, the con-2
stitutionality or lawfulness of this Act or of chapter 95 3
or 96 of the Internal Revenue Code of 1986, or is brought 4
to with respect to any action of the Commission under 5
chapter 95 or 96 of the Internal Revenue Code of 1986, 6
the district court shall transfer the action to the District 7
Court for the District of Columbia, and the action shall 8
thereafter be conducted pursuant to subsection (a). 9
‘‘(c) I
NTERVENTION BY MEMBERS OFCONGRESS.— 10
In any action described in subsection (a) relating to de-11
claratory or injunctive relief to challenge the constitu-12
tionality of a provision, any Member of the House of Rep-13
resentatives (including a Delegate or Resident Commis-14
sioner to the Congress) or Senate shall have the right to 15
intervene either in support of or opposition to the position 16
of a party to the case regarding the constitutionality of 17
the provision. To avoid duplication of efforts and reduce 18
the burdens placed on the parties to the action, the court 19
in any such action may make such orders as it considers 20
necessary, including orders to require interveners taking 21
similar positions to file joint papers or to be represented 22
by a single attorney at oral argument. 23
‘‘(d) C
HALLENGE BYMEMBERS OFCONGRESS.—Any 24
Member of Congress may bring an action, subject to the 25
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•HR 1118 IH
special rules described in subsection (a), for declaratory 1
or injunctive relief to challenge, whether facially or as-ap-2
plied, the constitutionality of any provision of this Act or 3
chapter 95 or 96 of the Internal Revenue Code of 1986.’’. 4
(b) C
ONFORMINGAMENDMENTS.— 5
(1) Section 9011 of the Internal Revenue Code 6
of 1986 is amended to read as follows: 7
‘‘SEC. 9011. JUDICIAL REVIEW. 8
‘‘For provisions relating to judicial review of certifi-9
cations, determinations, and actions by the Commission 10
under this chapter, see section 407 of the Federal Election 11
Campaign Act of 1971.’’. 12
(2) Section 9041 of the Internal Revenue Code 13
of 1986 is amended to read as follows: 14
‘‘SEC. 9041. JUDICIAL REVIEW. 15
‘‘For provisions relating to judicial review of actions 16
by the Commission under this chapter, see section 407 of 17
the Federal Election Campaign Act of 1971.’’. 18
(3) Section 310 of the Federal Election Cam-19
paign Act of 1971 (52 U.S.C. 30110) is repealed. 20
(4) Section 403 of the Bipartisan Campaign 21
Reform Act of 2002 (52 U.S.C. 30110 note) is re-22
pealed. 23
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SEC. 303. EFFECTIVE DATE. 1
The amendments made by this title shall take effect 2
and apply on the date of the enactment of this Act, with-3
out regard to whether or not the Federal Election Com-4
mission has promulgated regulations to carry out this title 5
and the amendments made by this title. 6
TITLE IV—STAND BY EVERY AD 7
SEC. 401. SHORT TITLE. 8
This title may be cited as the ‘‘Stand By Every Ad 9
Act’’. 10
SEC. 402. STAND BY EVERY AD. 11
(a) E
XPANDEDDISCLAIMERREQUIREMENTS FOR 12
C
ERTAINCOMMUNICATIONS.—Section 318 of the Federal 13
Election Campaign Act of 1971 (52 U.S.C. 30120) is 14
amended by adding at the end the following new sub-15
section: 16
‘‘(e) E
XPANDEDDISCLAIMERREQUIREMENTS FOR 17
C
OMMUNICATIONS NOTAUTHORIZED BYCANDIDATES OR 18
C
OMMITTEES.— 19
‘‘(1) I
N GENERAL.—Except as provided in para-20
graph (6), any communication described in para-21
graph (3) of subsection (a) which is transmitted in 22
an audio or video format (including an internet or 23
digital communication), or which is an internet or 24
digital communication transmitted in a text or 25
graphic format, shall include, in addition to the re-26
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•HR 1118 IH
quirements of paragraph (3) of subsection (a), the 1
following: 2
‘‘(A) The individual disclosure statement 3
described in paragraph (2)(A) (if the person 4
paying for the communication is an individual) 5
or the organizational disclosure statement de-6
scribed in paragraph (2)(B) (if the person pay-7
ing for the communication is not an individual). 8
‘‘(B) If the communication is transmitted 9
in a video format, or is an internet or digital 10
communication which is transmitted in a text or 11
graphic format, and is paid for in whole or in 12
part with a payment which is treated as a cam-13
paign-related disbursement under section 324— 14
‘‘(i) the Top Five Funders list (if ap-15
plicable); or 16
‘‘(ii) in the case of a communication 17
which, as determined on the basis of cri-18
teria established in regulations issued by 19
the Commission, is of such short duration 20
that including the Top Five Funders list in 21
the communication would constitute a 22
hardship to the person paying for the com-23
munication by requiring a disproportionate 24
amount of the content of the communica-25
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•HR 1118 IH
tion to consist of the Top Five Funders 1
list, the name of a website which contains 2
the Top Five Funders list (if applicable) 3
or, in the case of an internet or digital 4
communication, a hyperlink to such 5
website. 6
‘‘(C) If the communication is transmitted 7
in an audio format and is paid for in whole or 8
in part with a payment which is treated as a 9
campaign-related disbursement under section 10
324— 11
‘‘(i) the Top Two Funders list (if ap-12
plicable); or 13
‘‘(ii) in the case of a communication 14
which, as determined on the basis of cri-15
teria established in regulations issued by 16
the Commission, is of such short duration 17
that including the Top Two Funders list in 18
the communication would constitute a 19
hardship to the person paying for the com-20
munication by requiring a disproportionate 21
amount of the content of the communica-22
tion to consist of the Top Two Funders 23
list, the name of a website which contains 24
the Top Two Funders list (if applicable). 25
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‘‘(2) DISCLOSURE STATEMENTS DESCRIBED .— 1
‘‘(A) I
NDIVIDUAL DISCLOSURE STATE -2
MENTS.—The individual disclosure statement 3
described in this subparagraph is the following: 4
‘I am llllllll , and I approve this 5
message.’, with the blank filled in with the 6
name of the applicable individual. 7
‘‘(B) O
RGANIZATIONAL DISCLOSURE 8
STATEMENTS.—The organizational disclosure 9
statement described in this subparagraph is the 10
following: ‘I am llllllll , the 11
llllllll of llllllll , and 12
llllllll approves this message.’, 13
with— 14
‘‘(i) the first blank to be filled in with 15
the name of the applicable individual; 16
‘‘(ii) the second blank to be filled in 17
with the title of the applicable individual; 18
and 19
‘‘(iii) the third and fourth blank each 20
to be filled in with the name of the organi-21
zation or other person paying for the com-22
munication. 23
‘‘(3) M
ETHOD OF CONVEYANCE OF STATE -24
MENT.— 25
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‘‘(A) COMMUNICATIONS IN TEXT OR 1
GRAPHIC FORMAT.—In the case of a commu-2
nication to which this subsection applies which 3
is transmitted in a text or graphic format, the 4
disclosure statements required under paragraph 5
(1) shall appear in letters at least as large as 6
the majority of the text in the communication. 7
‘‘(B) C
OMMUNICATIONS TRANSMITTED IN 8
AUDIO FORMAT.—In the case of a communica-9
tion to which this subsection applies which is 10
transmitted in an audio format, the disclosure 11
statements required under paragraph (1) shall 12
be made by audio by the applicable individual 13
in a clear and conspicuous manner. 14
‘‘(C) C
OMMUNICATIONS TRANSMITTED IN 15
VIDEO FORMAT.—In the case of a communica-16
tion to which this subsection applies which is 17
transmitted in a video format, the information 18
required under paragraph (1) shall appear in 19
writing at the end of the communication or in 20
a crawl along the bottom of the communication 21
in a clear and conspicuous manner, with a rea-22
sonable degree of color contrast between the 23
background and the printed statement, for a 24
period of at least 6 seconds. 25
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‘‘(4) APPLICABLE INDIVIDUAL DEFINED .—The 1
term ‘applicable individual’ means, with respect to a 2
communication to which this subsection applies— 3
‘‘(A) if the communication is paid for by 4
an individual, the individual involved; 5
‘‘(B) if the communication is paid for by a 6
corporation, the chief executive officer of the 7
corporation (or, if the corporation does not have 8
a chief executive officer, the highest ranking of-9
ficial of the corporation); 10
‘‘(C) if the communication is paid for by a 11
labor organization, the highest ranking officer 12
of the labor organization; and 13
‘‘(D) if the communication is paid for by 14
any other person, the highest ranking official of 15
such person. 16
‘‘(5) T
OP FIVE FUNDERS LIST AND TOP TWO 17
FUNDERS LIST DEFINED .— 18
‘‘(A) T
OP FIVE FUNDERS LIST.—The term 19
‘Top Five Funders list’ means, with respect to 20
a communication which is paid for in whole or 21
in part with a campaign-related disbursement 22
(as defined in section 324), a list of the 5 per-23
sons who, during the 12-month period ending 24
on the date of the disbursement, provided the 25
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•HR 1118 IH
largest payments of any type in an aggregate 1
amount equal to or exceeding $10,000 to the 2
person who is paying for the communication 3
and the amount of the payments each such per-4
son provided. If 2 or more people provided the 5
fifth largest of such payments, the person pay-6
ing for the communication shall select 1 of 7
those persons to be included on the Top Five 8
Funders list. 9
‘‘(B) T
OP TWO FUNDERS LIST .—The term 10
‘Top Two Funders list’ means, with respect to 11
a communication which is paid for in whole or 12
in part with a campaign-related disbursement 13
(as defined in section 324), a list of the persons 14
who, during the 12-month period ending on the 15
date of the disbursement, provided the largest 16
and the second largest payments of any type in 17
an aggregate amount equal to or exceeding 18
$10,000 to the person who is paying for the 19
communication and the amount of the pay-20
ments each such person provided. If 2 or more 21
persons provided the second largest of such 22
payments, the person paying for the commu-23
nication shall select 1 of those persons to be in-24
cluded on the Top Two Funders list. 25
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‘‘(C) EXCLUSION OF CERTAIN PAY -1
MENTS.—For purposes of subparagraphs (A) 2
and (B), in determining the amount of pay-3
ments made by a person to a person paying for 4
a communication, there shall be excluded the 5
following: 6
‘‘(i) Any amounts provided in the or-7
dinary course of any trade or business con-8
ducted by the person paying for the com-9
munication or in the form of investments 10
in the person paying for the communica-11
tion. 12
‘‘(ii) Any payment which the person 13
prohibited, in writing, from being used for 14
campaign-related disbursements, but only 15
if the person paying for the communication 16
agreed to follow the prohibition and depos-17
ited the payment in an account which is 18
segregated from a campaign-related dis-19
bursement segregated fund (as defined in 20
section 324) and any other account used to 21
make campaign-related disbursements. 22
‘‘(6) S
PECIAL RULES FOR CERTAIN COMMU -23
NICATIONS.— 24
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•HR 1118 IH
‘‘(A) EXCEPTION FOR COMMUNICATIONS 1
PAID FOR BY POLITICAL PARTIES AND CERTAIN 2
POLITICAL COMMITTEES .—This subsection does 3
not apply to any communication to which sub-4
section (d)(2) applies. 5
‘‘(B) T
REATMENT OF VIDEO COMMUNICA -6
TIONS LASTING 10 SECONDS OR LESS .—In the 7
case of a communication to which this sub-8
section applies which is transmitted in a video 9
format, or is an internet or digital communica-10
tion which is transmitted in a text or graphic 11
format, the communication shall meet the fol-12
lowing requirements: 13
‘‘(i) The communication shall include 14
the individual disclosure statement de-15
scribed in paragraph (2)(A) (if the person 16
paying for the communication is an indi-17
vidual) or the organizational disclosure 18
statement described in paragraph (2)(B) 19
(if the person paying for the communica-20
tion is not an individual). 21
‘‘(ii) The statement described in 22
clause (i) shall appear in writing at the 23
end of the communication, or in a crawl 24
along the bottom of the communication, in 25
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•HR 1118 IH
a clear and conspicuous manner, with a 1
reasonable degree of color contrast between 2
the background and the printed statement, 3
for a period of at least 4 seconds. 4
‘‘(iii) The communication shall in-5
clude, in a clear and conspicuous manner, 6
a website address with a landing page 7
which will provide all of the information 8
described in paragraph (1) with respect to 9
the communication. Such address shall ap-10
pear for the full duration of the commu-11
nication. 12
‘‘(iv) To the extent that the format in 13
which the communication is made permits 14
the use of a hyperlink, the communication 15
shall include a hyperlink to the website ad-16
dress described in clause (iii).’’. 17
(b) A
PPLICATION OFEXPANDEDREQUIREMENTS TO 18
P
UBLICCOMMUNICATIONS CONSISTING OFCAMPAIGN- 19
R
ELATEDDISBURSEMENTS.— 20
(1) I
N GENERAL.—Section 318(a) of such Act 21
(52 U.S.C. 30120(a)) is amended by striking ‘‘for 22
the purpose of financing communications expressly 23
advocating the election or defeat of a clearly identi-24
fied candidate’’ and inserting ‘‘for a campaign-re-25
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•HR 1118 IH
lated disbursement, as defined in section 324, con-1
sisting of a public communication’’. 2
(2) C
LARIFICATION OF EXEMPTION FROM IN -3
CLUSION OF CANDIDATE DISCLAIMER STATEMENT IN 4
FEDERAL JUDICIAL NOMINATION COMMUNICA -5
TIONS.—Section 318(a)(3) of such Act (52 U.S.C. 6
30120(a)(3)) is amended by striking ‘‘shall clearly 7
state’’ and inserting ‘‘shall (except in the case of a 8
Federal judicial nomination communication, as de-9
fined in section 324(d)(3)) clearly state’’. 10
(c) E
XCEPTION FORCOMMUNICATIONS PAID FOR BY 11
P
OLITICALPARTIES ANDCERTAINPOLITICALCOMMIT-12
TEES.—Section 318(d)(2) of such Act (52 U.S.C. 13
30120(d)(2)) is amended— 14
(1) in the heading, by striking ‘‘
OTHERS’’ and 15
inserting ‘‘
CERTAIN POLITICAL COMMITTEES ’’; 16
(2) by striking ‘‘Any communication’’ and in-17
serting ‘‘(A) Any communication’’; 18
(3) by inserting ‘‘which (except to the extent 19
provided in subparagraph (B)) is paid for by a polit-20
ical committee (including a political committee of a 21
political party) and’’ after ‘‘subsection (a)’’; 22
(4) by striking ‘‘or other person’’ each place it 23
appears; and 24
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(5) by adding at the end the following new sub-1
paragraph: 2
‘‘(B)(i) This paragraph does not apply to 3
a communication paid for in whole or in part 4
during a calendar year with a campaign-related 5
disbursement, but only if the covered organiza-6
tion making the campaign-related disbursement 7
made campaign-related disbursements (as de-8
fined in section 324) aggregating more than 9
$10,000 during such calendar year. 10
‘‘(ii) For purposes of clause (i), in deter-11
mining the amount of campaign-related dis-12
bursements made by a covered organization 13
during a year, there shall be excluded the fol-14
lowing: 15
‘‘(I) Any amounts received by the cov-16
ered organization in the ordinary course of 17
any trade or business conducted by the 18
covered organization or in the form of in-19
vestments in the covered organization. 20
‘‘(II) Any amounts received by the 21
covered organization from a person who 22
prohibited, in writing, the organization 23
from using such amounts for campaign-re-24
lated disbursements, but only if the cov-25
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ered organization agreed to follow the pro-1
hibition and deposited the amounts in an 2
account which is segregated from a cam-3
paign-related disbursement segregated 4
fund (as defined in section 324) and any 5
other account used to make campaign-re-6
lated disbursements.’’. 7
(d) M
ODIFICATION OFADDITIONALREQUIREMENTS 8
FORCERTAINCOMMUNICATIONS.—Section 318(d) of the 9
Federal Election Campaign Act of 1971 (52 U.S.C. 10
30120(d)) is amended— 11
(1) in paragraph (1)(A)— 12
(A) by striking ‘‘which is transmitted 13
through radio’’ and inserting ‘‘which is in an 14
audio format’’; and 15
(B) by striking ‘‘B
Y RADIO’’ in the heading 16
and inserting ‘‘A
UDIO FORMAT’’; 17
(2) in paragraph (1)(B)— 18
(A) by striking ‘‘which is transmitted 19
through television’’ and inserting ‘‘which is in 20
video format’’; and 21
(B) by striking ‘‘B
Y TELEVISION’’ in the 22
heading and inserting ‘‘V
IDEO FORMAT’’; and 23
(3) in paragraph (2)— 24
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(A) by striking ‘‘transmitted through radio 1
or television’’ and inserting ‘‘made in audio or 2
video format’’; and 3
(B) by striking ‘‘through television’’ in the 4
second sentence and inserting ‘‘in video for-5
mat’’. 6
SEC. 403. DISCLAIMER REQUIREMENTS FOR COMMUNICA-7
TIONS MADE THROUGH PRERECORDED TELE-8
PHONE CALLS. 9
(a) A
PPLICATION OFREQUIREMENTS.— 10
(1) I
N GENERAL.—Section 318(a) of the Fed-11
eral Election Campaign Act of 1971 (52 U.S.C. 12
30120(a)) is amended by striking ‘‘mailing’’ each 13
place it appears and inserting ‘‘mailing, telephone 14
call consisting in substantial part of a prerecorded 15
audio message’’. 16
(2) A
PPLICATION TO COMMUNICATIONS SUB -17
JECT TO EXPANDED DISCLAIMER REQUIREMENTS .— 18
Section 318(e)(1) of such Act (52 U.S.C. 19
30120(e)(1)), as added by section 302(a), is amend-20
ed in the matter preceding subparagraph (A) by 21
striking ‘‘which is transmitted in an audio or video 22
format’’ and inserting ‘‘which is transmitted in an 23
audio or video format or which consists of a tele-24
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phone call consisting in substantial part of a 1
prerecorded audio message’’. 2
(b) T
REATMENT ASCOMMUNICATION TRANSMITTED 3
INAUDIOFORMAT.— 4
(1) C
OMMUNICATIONS BY CANDIDATES OR AU -5
THORIZED PERSONS .—Section 318(d) of such Act 6
(52 U.S.C. 30120(d)) is amended by adding at the 7
end the following new paragraph: 8
‘‘(3) P
RERECORDED TELEPHONE CALLS .—Any 9
communication described in paragraph (1), (2), or 10
(3) of subsection (a) (other than a communication 11
which is subject to subsection (e)) which is a tele-12
phone call consisting in substantial part of a 13
prerecorded audio message shall include, in addition 14
to the requirements of such paragraph, the audio 15
statement required under subparagraph (A) of para-16
graph (1) or the audio statement required under 17
paragraph (2) (whichever is applicable), except that 18
the statement shall be made at the beginning of the 19
telephone call.’’. 20
(2) C
OMMUNICATIONS SUBJECT TO EXPANDED 21
DISCLAIMER REQUIREMENTS .—Section 318(e)(3) of 22
such Act (52 U.S.C. 30120(e)(3)), as added by sec-23
tion 302(a), is amended by adding at the end the 24
following new subparagraph: 25
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‘‘(D) PRERECORDED TELEPHONE 1
CALLS.—In the case of a communication to 2
which this subsection applies which is a tele-3
phone call consisting in substantial part of a 4
prerecorded audio message, the communication 5
shall be considered to be transmitted in an 6
audio format.’’. 7
SEC. 404. NO EXPANSION OF PERSONS SUBJECT TO DIS-8
CLAIMER REQUIREMENTS ON INTERNET 9
COMMUNICATIONS. 10
Nothing in this title or the amendments made by this 11
title may be construed to require any person who is not 12
required under section 318 of the Federal Election Cam-13
paign Act of 1971 to include a disclaimer on communica-14
tions made by the person through the internet to include 15
any disclaimer on any such communications. 16
SEC. 405. EFFECTIVE DATE. 17
The amendments made by this title shall apply with 18
respect to communications made on or after January 1, 19
2024, and shall take effect without regard to whether or 20
not the Federal Election Commission has promulgated 21
regulations to carry out such amendments. 22
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TITLE V—SEVERABILITY 1
SEC. 501. SEVERABILITY. 2
If any provision of this Act or amendment made by 3
this Act, or the application of a provision or amendment 4
to any person or circumstance, is held to be unconstitu-5
tional, the remainder of this Act and amendments made 6
by this Act, and the application of the provisions and 7
amendment to any person or circumstance, shall not be 8
affected by the holding. 9
Æ 
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