II 

Calendar No. 120 

117TH CONGRESS 

1ST SESSION S. 2671 

To amend the Federal Election Campaign Act of 1971 to provide for additional disclosure requirements for corporations, labor organizations, 

Super PACs and other entities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 6 (legislative day, AUGUST 5), 2021 

Mr. SCHUMER introduced the following bill; which was read the first time 

AUGUST 7, 2021 

Read the second time and placed on the calendar 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

provide for additional disclosure requirements for corporations, labor organizations, Super PACs and other 

entities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

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1 ing in Elections Act of 2021’’ or the ‘‘DISCLOSE Act 

2 of 2021’’. 

3 (b) TABLE OF CONTENTS.—The table of contents of 

4 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—CLOSING LOOPHOLES ALLOWING SPENDING BY 

FOREIGN NATIONALS IN ELECTIONS 

Sec. 101. Clarification of prohibition on participation by foreign nationals in 

election-related activities. 

Sec. 102. Clarification of application of foreign money ban to certain disbursements and activities. 

Sec. 103. Audit and report on illicit foreign money in Federal elections. 

Sec. 104. Prohibition on contributions and donations by foreign nationals in 

connection with ballot initiatives and referenda. 

Sec. 105. Disbursements and activities subject to foreign money ban. 

Sec. 106. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. 

TITLE II—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS 

Sec. 201. Reporting of campaign-related disbursements. 

Sec. 202. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. 

Sec. 203. Effective date. 

TITLE III—OTHER ADMINISTRATIVE REFORMS 

Sec. 301. Petition for certiorari. 

Sec. 302. Judicial review of actions related to campaign finance laws. 


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1 TITLE I—CLOSING LOOPHOLES 

2 ALLOWING SPENDING BY 

3 FOREIGN NATIONALS IN 

4 ELECTIONS 

5 SEC. 101. CLARIFICATION OF PROHIBITION ON PARTICIPA6 TION BY FOREIGN NATIONALS IN ELECTION7 RELATED ACTIVITIES. 

8 (a) CLARIFICATION OF PROHIBITION.—Section 

9 319(a) of the Federal Election Campaign Act of 1971 (52 

10 U.S.C. 30121(a)) is amended— 

11 (1) by striking ‘‘or’’ at the end of paragraph 

12 (1); 

13 (2) by striking the period at the end of para14 graph (2) and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following new 

16 paragraph: 

17 ‘‘(3) a foreign national to direct, dictate, con18 trol, or directly or indirectly participate in the deci19 sion making process of any person (including a cor20 poration, labor organization, political committee, or 

21 political organization) with regard to such person’s 

22 Federal or non-Federal election-related activity, in23 cluding any decision concerning the making of con24 tributions, donations, expenditures, or disbursements 

25 in connection with an election for any Federal, 


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1 State, or local office or any decision concerning the 

2 administration of a political committee.’’. 

3 (b) CERTIFICATION OF COMPLIANCE.—Section 319 

4 of such Act (52 U.S.C. 30121) is amended by adding at 

5 the end the following new subsection: 

6 ‘‘(c) CERTIFICATION OF COMPLIANCE REQUIRED

7 PRIOR TO CARRYING OUT ACTIVITY.—Prior to the mak8 ing in connection with an election for Federal office of any 

9 contribution, donation, expenditure, independent expendi10 ture, or disbursement for an electioneering communication 

11 by a corporation, labor organization (as defined in section 

12 316(b)), limited liability corporation, or partnership dur13 ing a year, the chief executive officer of the corporation, 

14 labor organization, limited liability corporation, or part15 nership (or, if the corporation, labor organization, limited 

16 liability corporation, or partnership does not have a chief 

17 executive officer, the highest ranking official of the cor18 poration, labor organization, limited liability corporation, 

19 or partnership), shall file a certification with the Commis20 sion, under penalty of perjury, that a foreign national did 

21 not direct, dictate, control, or directly or indirectly partici22 pate in the decision making process relating to such activ23 ity in violation of subsection (a)(3), unless the chief execu24 tive officer has previously filed such a certification during 

25 that calendar year.’’. 


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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect upon the expiration of the 

3 180-day period which begins on the date of the enactment 

4 of this Act, and shall take effect without regard to whether 

5 or not the Federal Election Commission has promulgated 

6 regulations to carry out such amendments. 

7 SEC. 102. CLARIFICATION OF APPLICATION OF FOREIGN 

8 MONEY BAN TO CERTAIN DISBURSEMENTS 

9 AND ACTIVITIES. 

10 (a) APPLICATION TO DISBURSEMENTS TO SUPER

11 PACS AND OTHER PERSONS.—Section 319(b) of the Fed12 eral Election Campaign Act of 1971 (52 U.S.C. 30121(b)) 

13 is amended— 

14 (1) by redesignating paragraphs (1) and (2) as 

15 subparagraphs (A) and (B), respectively, and by 

16 moving such subparagraphs 2 ems to the right; 

17 (2) by striking ‘‘As used in this section, the 

18 term ‘foreign national’ means’’ and inserting the fol19 lowing: ‘‘DEFINITIONS.—For purposes of this sec20 tion— 

21 ‘‘(1) FOREIGN NATIONAL.—The term’’; 

22 (3) by moving paragraphs (1) and (2) two ems 

23 to the right and redesignating them as subpara24 graphs (A) and (B), respectively; and 


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1 (4) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) CONTRIBUTION AND DONATION.—For pur4 poses of paragraphs (1) and (2) of subsection (a), 

5 the term ‘contribution or donation’ includes any dis6 bursement to a political committee which accepts do7 nations or contributions that do not comply with any 

8 of the limitations, prohibitions, and reporting re9 quirements of this Act (or any disbursement to or on 

10 behalf of any account of a political committee which 

11 is established for the purpose of accepting such do12 nations or contributions), or to any other person for 

13 the purpose of funding an expenditure, independent 

14 expenditure, or electioneering communication (as de15 fined in section 304(f)(3)).’’. 

16 (b) CONDITIONS UNDER WHICH CORPORATE PACS

17 MAY MAKE CONTRIBUTIONS AND EXPENDITURES.—Sec18 tion 316(b) of such Act (52 U.S.C. 30118(b)) is amended 

19 by adding at the end the following new paragraph: 

20 ‘‘(8) A separate segregated fund established by a cor21 poration may not make a contribution or expenditure dur22 ing a year unless the fund has certified to the Commission 

23 the following during the year: 

24 ‘‘(A) Each individual who manages the fund, 

25 and who is responsible for exercising decisionmaking 


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1 authority for the fund, is a citizen of the United 

2 States or is lawfully admitted for permanent resi3 dence in the United States. 

4 ‘‘(B) No foreign national under section 319 

5 participates in any way in the decisionmaking proc6 esses of the fund with regard to contributions or ex7 penditures under this Act. 

8 ‘‘(C) The fund does not solicit or accept rec9 ommendations from any foreign national under sec10 tion 319 with respect to the contributions or expend11 itures made by the fund. 

12 ‘‘(D) Any member of the board of directors of 

13 the corporation who is a foreign national under sec14 tion 319 abstains from voting on matters concerning 

15 the fund or its activities.’’. 

16 SEC. 103. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY 

17 IN FEDERAL ELECTIONS. 

18 (a) IN GENERAL.—Title III of the Federal Election 

19 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

20 amended by inserting after section 319 the following new 

21 section: 

22 ‘‘SEC. 319A. AUDIT AND REPORT ON DISBURSEMENTS BY 

23 FOREIGN NATIONALS. 

24 ‘‘(a) AUDIT.— 


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1 ‘‘(1) IN GENERAL.—The Commission shall con2 duct an audit after each Federal election cycle to de3 termine the incidence of illicit foreign money in such 

4 Federal election cycle. 

5 ‘‘(2) PROCEDURES.—In carrying out paragraph 

6 (1), the Commission shall conduct random audits of 

7 any disbursements required to be reported under 

8 this Act, in accordance with procedures established 

9 by the Commission. 

10 ‘‘(b) REPORT.—Not later than 180 days after the end 

11 of each Federal election cycle, the Commission shall sub12 mit to Congress a report containing— 

13 ‘‘(1) results of the audit required by subsection 

14 (a)(1); 

15 ‘‘(2) an analysis of the extent to which illicit 

16 foreign money was used to carry out disinformation 

17 and propaganda campaigns focused on depressing 

18 turnout among rural communities and the success or 

19 failure of these efforts, together with recommenda20 tions to address these efforts in future elections; 

21 ‘‘(3) an analysis of the extent to which illicit 

22 foreign money was used to carry out disinformation 

23 and propaganda campaigns focused on depressing 

24 turnout among African-American and other minority 

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1 forts, together with recommendations to address 

2 these efforts in future elections; 

3 ‘‘(4) an analysis of the extent to which illicit 

4 foreign money was used to carry out disinformation 

5 and propaganda campaigns focused on influencing 

6 military and veteran communities and the success or 

7 failure of these efforts, together with recommenda8 tions to address these efforts in future elections; and 

9 ‘‘(5) recommendations to address the presence 

10 of illicit foreign money in elections, as appropriate. 

11 ‘‘(c) DEFINITIONS.—As used in this section: 

12 ‘‘(1) The term ‘Federal election cycle’ means 

13 the period which begins on the day after the date of 

14 a regularly scheduled general election for Federal of15 fice and which ends on the date of the first regularly 

16 scheduled general election for Federal office held 

17 after such date. 

18 ‘‘(2) The term ‘illicit foreign money’ means any 

19 disbursement by a foreign national (as defined in 

20 section 319(b)) prohibited under such section.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall apply with respect to the Federal elec23 tion cycle that began during November 2020, and each 

24 succeeding Federal election cycle. 


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1 SEC. 104. PROHIBITION ON CONTRIBUTIONS AND DONA2 TIONS BY FOREIGN NATIONALS IN CONNEC3 TION WITH BALLOT INITIATIVES AND 

4 REFERENDA. 

5 (a) IN GENERAL.—Section 319(b) of the Federal 

6 Election Campaign Act of 1971 (52 U.S.C. 30121(b)), as 

7 amended by section 102(a), is amended by adding at the 

8 end the following new paragraph: 

9 ‘‘(3) FEDERAL, STATE, OR LOCAL ELECTION.— 

10 The term ‘Federal, State, or local election’ includes 

11 a State or local ballot initiative or referendum.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 this section shall apply with respect to elections held in 

14 2022 or any succeeding year. 

15 SEC. 105. DISBURSEMENTS AND ACTIVITIES SUBJECT TO 

16 FOREIGN MONEY BAN. 

17 (a) DISBURSEMENTS DESCRIBED.—Section 

18 319(a)(1) of the Federal Election Campaign Act of 1971 

19 (52 U.S.C. 30121(a)(1)), as amended by section 101, is 

20 amended— 

21 (1) by striking ‘‘or’’ at the end of subparagraph 

22 (B); and 

23 (2) by striking subparagraph (C) and inserting 

24 the following: 

25 ‘‘(C) an expenditure; 

26 ‘‘(D) an independent expenditure; 


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1 ‘‘(E) a disbursement for an electioneering 

2 communication (within the meaning of section 

3 304(f)(3)); 

4 ‘‘(F) a disbursement for a communication 

5 which is placed or promoted for a fee on a 

6 website, web application, or digital application 

7 that refers to a clearly identified candidate for 

8 election for Federal office and is disseminated 

9 within 60 days before a general, special or run10 off election for the office sought by the can11 didate or 30 days before a primary or pref12 erence election, or a convention or caucus of a 

13 political party that has authority to nominate a 

14 candidate for the office sought by the can15 didate; 

16 ‘‘(G) a disbursement for a broadcast, cable 

17 or satellite communication, or for a communica18 tion which is placed or promoted for a fee on 

19 a website, web application, or digital applica20 tion, that promotes, supports, attacks or op21 poses the election of a clearly identified can22 didate for Federal, State, or local office (re23 gardless of whether the communication contains 

24 express advocacy or the functional equivalent of 

25 express advocacy); 


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1 ‘‘(H) a disbursement for a broadcast, 

2 cable, or satellite communication, or for any 

3 communication which is placed or promoted for 

4 a fee on an online platform, that discusses a 

5 national legislative issue of public importance in 

6 a year in which a regularly scheduled general 

7 election for Federal office is held, but only if 

8 the disbursement is made by a covered foreign 

9 national; 

10 ‘‘(I) a disbursement by a covered foreign 

11 national to compensate any person for internet 

12 activity that promotes, supports, attacks or op13 poses the election of a clearly identified can14 didate for Federal, State, or local office (re15 gardless of whether the activity contains ex16 press advocacy or the functional equivalent of 

17 express advocacy); or 

18 ‘‘(J) a disbursement for a Federal judicial 

19 nomination communication (as defined in sec20 tion 324(d)(3));’’. 

21 (b) ONLINE PLATFORM.—Section 319(b) of such Act 

22 (51 U.S.C. 30121(b)), as amended by sections 102(a) and 

23 104, is amended by adding at the end the following new 

24 paragraphs: 

25 ‘‘(4) ONLINE PLATFORM.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), the term ‘online platform’ means 

3 any public-facing website, web application, or 

4 digital application (including a social network, 

5 ad network, or search engine) which— 

6 ‘‘(i)(I) sells qualified political adver7 tisements; and 

8 ‘‘(II) has 50,000,000 or more unique 

9 monthly United States visitors or users for 

10 a majority of months during the preceding 

11 12 months; or 

12 ‘‘(ii) is a third-party advertising ven13 dor that has 50,000,000 or more unique 

14 monthly United States visitors in the ag15 gregate on any advertisement space that it 

16 has sold or bought for a majority of 

17 months during the preceding 12 months, 

18 as measured by an independent digital rat19 ings service accredited by the Media Rat20 ings Council (or its successor). 

21 ‘‘(B) EXEMPTION.—Such term shall not 

22 include any online platform that is a distribu23 tion facility of any broadcasting station or 

24 newspaper, magazine, blog, publication, or peri25 odical. 


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1 ‘‘(C) QUALIFIED POLITICAL ADVERTISE2 MENT.—For purposes of this paragraph, the 

3 term ‘qualified political advertisement’ means 

4 any advertisement (including search engine 

5 marketing, display advertisements, video adver6 tisements, native advertisements, and sponsor7 ships) that— 

8 ‘‘(i) is made by or on behalf of a can9 didate; or 

10 ‘‘(ii) communicates a message relating 

11 to any political matter of national impor12 tance, including— 

13 ‘‘(I) a candidate; 

14 ‘‘(II) any election to Federal of15 fice; or 

16 ‘‘(III) a national legislative issue 

17 of public importance. 

18 ‘‘(D) THIRD-PARTY ADVERTISING VENDOR

19 DEFINED.—For purposes of this paragraph, the 

20 term ‘third-party advertising vendor’ includes, 

21 but is not limited to, any third-party adver22 tising vendor network, advertising agency, ad23 vertiser, or third-party advertisement serving 

24 company that buys and sells advertisement 

25 space on behalf of unaffiliated third-party 


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1 websites, search engines, digital applications, or 

2 social media sites. 

3 ‘‘(5) COVERED FOREIGN NATIONAL.— 

4 ‘‘(A) IN GENERAL.—The term ‘covered for5 eign national’ means— 

6 ‘‘(i) a foreign principal (as defined in 

7 section 1(b) of the Foreign Agents Reg8 istration Act of 1938 (22 U.S.C. 611(b)) 

9 that is a government of a foreign country 

10 or a foreign political party; 

11 ‘‘(ii) any person who acts as an agent, 

12 representative, employee, or servant, or 

13 any person who acts in any other capacity 

14 at the order, request, or under the direc15 tion or control, of a foreign principal de16 scribed in clause (i) or of a person any of 

17 whose activities are directly or indirectly 

18 supervised, directed, controlled, financed, 

19 or subsidized in whole or in major part by 

20 a foreign principal described in clause (i); 

21 or 

22 ‘‘(iii) any person included in the list of 

23 specially designated nationals and blocked 

24 persons maintained by the Office of For25 eign Assets Control of the Department of 


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1 the Treasury pursuant to authorities relat2 ing to the imposition of sanctions relating 

3 to the conduct of a foreign principal de4 scribed in clause (i). 

5 ‘‘(B) CLARIFICATION REGARDING APPLICA6 TION TO CITIZENS OF THE UNITED STATES.— 

7 In the case of a citizen of the United States, 

8 clause (ii) of subparagraph (A) applies only to 

9 the extent that the person involved acts within 

10 the scope of that person’s status as the agent 

11 of a foreign principal described clause (i) of 

12 subparagraph (A).’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply with respect to disbursements 

15 made on or after the date of the enactment of this Act. 

16 SEC. 106. PROHIBITING ESTABLISHMENT OF CORPORATION 

17 TO CONCEAL ELECTION CONTRIBUTIONS 

18 AND DONATIONS BY FOREIGN NATIONALS. 

19 (a) PROHIBITION.—Chapter 29 of title 18, United 

20 States Code, is amended by adding at the end the fol21 lowing: 


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1 ‘‘§ 612. Establishment of corporation to conceal elec2 tion contributions and donations by for3 eign nationals 

4 ‘‘(a) OFFENSE.—It shall be unlawful for an owner, 

5 officer, attorney, or incorporation agent of a corporation, 

6 company, or other entity to establish or use the corpora7 tion, company, or other entity with the intent to conceal 

8 an activity of a foreign national (as defined in section 319 

9 of the Federal Election Campaign Act of 1971 (52 U.S.C. 

10 30121)) prohibited under such section 319. 

11 ‘‘(b) PENALTY.—Any person who violates subsection 

12 (a) shall be imprisoned for not more than 5 years, fined 

13 under this title, or both.’’. 

14 (b) TABLE OF SECTIONS.—The table of sections for 

15 chapter 29 of title 18, United States Code, is amended 

16 by inserting after the item relating to section 611 the fol17 lowing: 

‘‘612. Establishment of corporation to conceal election contributions and donations by foreign nationals.’’. 


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1 TITLE II—REPORTING OF CAM2 PAIGN-RELATED DISBURSE3 MENTS 

4 SEC. 201. REPORTING OF CAMPAIGN-RELATED DISBURSE5 MENTS. 

6 (a) DISCLOSURE REQUIREMENTS FOR CORPORA7 TIONS, LABOR ORGANIZATIONS, AND CERTAIN OTHER

8 ENTITIES.— 

9 (1) IN GENERAL.—Section 324 of the Federal 

10 Election Campaign Act of 1971 (52 U.S.C. 30126) 

11 is amended to read as follows: 

12 ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE13 MENTS BY COVERED ORGANIZATIONS. 

14 ‘‘(a) DISCLOSURE STATEMENT.— 

15 ‘‘(1) IN GENERAL.—Any covered organization 

16 that makes campaign-related disbursements aggre17 gating more than $10,000 in an election reporting 

18 cycle shall, not later than 24 hours after each disclo19 sure date, file a statement with the Commission 

20 made under penalty of perjury that contains the in21 formation described in paragraph (2)— 

22 ‘‘(A) in the case of the first statement filed 

23 under this subsection, for the period beginning 

24 on the first day of the election reporting cycle 

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1 fore the first such disclosure date) and ending 

2 on the first such disclosure date; and 

3 ‘‘(B) in the case of any subsequent state4 ment filed under this subsection, for the period 

5 beginning on the previous disclosure date and 

6 ending on such disclosure date. 

7 ‘‘(2) INFORMATION DESCRIBED.—The informa8 tion described in this paragraph is as follows: 

9 ‘‘(A) The name of the covered organization 

10 and the principal place of business of such or11 ganization and, in the case of a covered organi12 zation that is a corporation (other than a busi13 ness concern that is an issuer of a class of secu14 rities registered under section 12 of the Securi15 ties Exchange Act of 1934 (15 U.S.C. 78l) or 

16 that is required to file reports under section 

17 15(d) of that Act (15 U.S.C. 78o(d))) or an en18 tity described in subsection (e)(2), a list of the 

19 beneficial owners (as defined in paragraph 

20 (4)(A)) of the entity that— 

21 ‘‘(i) identifies each beneficial owner by 

22 name and current residential or business 

23 street address; and 

24 ‘‘(ii) if any beneficial owner exercises 

25 control over the entity through another 


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1 legal entity, such as a corporation, partner2 ship, limited liability company, or trust, 

3 identifies each such other legal entity and 

4 each such beneficial owner who will use 

5 that other entity to exercise control over 

6 the entity. 

7 ‘‘(B) The amount of each campaign-related 

8 disbursement made by such organization during 

9 the period covered by the statement of more 

10 than $1,000, and the name and address of the 

11 person to whom the disbursement was made. 

12 ‘‘(C) In the case of a campaign-related dis13 bursement that is not a covered transfer, the 

14 election to which the campaign-related disburse15 ment pertains and if the disbursement is made 

16 for a public communication, the name of any 

17 candidate identified in such communication and 

18 whether such communication is in support of or 

19 in opposition to a candidate. 

20 ‘‘(D) A certification by the chief executive 

21 officer or person who is the head of the covered 

22 organization that the campaign-related dis23 bursement is not made in cooperation, consulta24 tion, or concert with or at the request or sug25 gestion of a candidate, authorized committee, or 


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1 agent of a candidate, political party, or agent of 

2 a political party. 

3 ‘‘(E)(i) If the covered organization makes 

4 campaign-related disbursements using exclu5 sively funds in a segregated bank account con6 sisting of funds that were paid directly to such 

7 account by persons other than the covered orga8 nization that controls the account, for each 

9 such payment to the account— 

10 ‘‘(I) the name and address of each 

11 person who made such payment during the 

12 period covered by the statement; 

13 ‘‘(II) the date and amount of such 

14 payment; and 

15 ‘‘(III) the aggregate amount of all 

16 such payments made by the person during 

17 the period beginning on the first day of the 

18 election reporting cycle (or, if earlier, the 

19 period beginning one year before the dis20 closure date) and ending on the disclosure 

21 date, 

22 but only if such payment was made by a person 

23 who made payments to the account in an aggre24 gate amount of $10,000 or more during the pe25 riod beginning on the first day of the election 


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1 reporting cycle (or, if earlier, the period begin2 ning one year before the disclosure date) and 

3 ending on the disclosure date. 

4 ‘‘(ii) In any calendar year after 2022, sec5 tion 315(c)(1)(B) shall apply to the amount de6 scribed in clause (i) in the same manner as 

7 such section applies to the limitations estab8 lished under subsections (a)(1)(A), (a)(1)(B), 

9 (a)(3), and (h) of such section, except that for 

10 purposes of applying such section to the 

11 amounts described in subsection (b), the ‘base 

12 period’ shall be calendar year 2022. 

13 ‘‘(F)(i) If the covered organization makes 

14 campaign-related disbursements using funds 

15 other than funds in a segregated bank account 

16 described in subparagraph (E), for each pay17 ment to the covered organization— 

18 ‘‘(I) the name and address of each 

19 person who made such payment during the 

20 period covered by the statement; 

21 ‘‘(II) the date and amount of such 

22 payment; and 

23 ‘‘(III) the aggregate amount of all 

24 such payments made by the person during 

25 the period beginning on the first day of the 


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1 election reporting cycle (or, if earlier, the 

2 period beginning one year before the dis3 closure date) and ending on the disclosure 

4 date, 

5 but only if such payment was made by a person 

6 who made payments to the covered organization 

7 in an aggregate amount of $10,000 or more 

8 during the period beginning on the first day of 

9 the election reporting cycle (or, if earlier, the 

10 period beginning one year before the disclosure 

11 date) and ending on the disclosure date. 

12 ‘‘(ii) In any calendar year after 2022, sec13 tion 315(c)(1)(B) shall apply to the amount de14 scribed in clause (i) in the same manner as 

15 such section applies to the limitations estab16 lished under subsections (a)(1)(A), (a)(1)(B), 

17 (a)(3), and (h) of such section, except that for 

18 purposes of applying such section to the 

19 amounts described in subsection (b), the ‘base 

20 period’ shall be calendar year 2022. 

21 ‘‘(G) Such other information as required in 

22 rules established by the Commission to promote 

23 the purposes of this section. 

24 ‘‘(3) EXCEPTIONS.— 


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1 ‘‘(A) AMOUNTS RECEIVED IN ORDINARY

2 COURSE OF BUSINESS.—The requirement to in3 clude in a statement filed under paragraph (1) 

4 the information described in paragraph (2) 

5 shall not apply to amounts received by the cov6 ered organization in commercial transactions in 

7 the ordinary course of any trade or business 

8 conducted by the covered organization or in the 

9 form of investments (other than investments by 

10 the principal shareholder in a limited liability 

11 corporation) in the covered organization. For 

12 purposes of this subparagraph, amounts re13 ceived by a covered organization as remittances 

14 from an employee to the employee’s collective 

15 bargaining representative shall be treated as 

16 amounts received in commercial transactions in 

17 the ordinary course of the business conducted 

18 by the covered organization. 

19 ‘‘(B) DONOR RESTRICTION ON USE OF

20 FUNDS.—The requirement to include in a state21 ment submitted under paragraph (1) the infor22 mation described in subparagraph (F) of para23 graph (2) shall not apply if— 

24 ‘‘(i) the person described in such sub25 paragraph prohibited, in writing, the use of 


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1 the payment made by such person for cam2 paign-related disbursements; and 

3 ‘‘(ii) the covered organization agreed 

4 to follow the prohibition and deposited the 

5 payment in an account which is segregated 

6 from any account used to make campaign7 related disbursements. 

8 ‘‘(C) THREAT OF HARASSMENT OR RE9 PRISAL.—The requirement to include any infor10 mation relating to the name or address of any 

11 person (other than a candidate) in a statement 

12 submitted under paragraph (1) shall not apply 

13 if the inclusion of the information would subject 

14 the person to serious threats, harassment, or 

15 reprisals. 

16 ‘‘(4) OTHER DEFINITIONS.—For purposes of 

17 this section: 

18 ‘‘(A) BENEFICIAL OWNER DEFINED.— 

19 ‘‘(i) IN GENERAL.—Except as pro20 vided in clause (ii), the term ‘beneficial 

21 owner’ means, with respect to any entity, 

22 a natural person who, directly or indi23 rectly— 


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1 ‘‘(I) exercises substantial control 

2 over an entity through ownership, vot3 ing rights, agreement, or otherwise; or 

4 ‘‘(II) has a substantial interest in 

5 or receives substantial economic bene6 fits from the assets of an entity. 

7 ‘‘(ii) EXCEPTIONS.—The term ‘bene8 ficial owner’ shall not include— 

9 ‘‘(I) a minor child; 

10 ‘‘(II) a person acting as a nomi11 nee, intermediary, custodian, or agent 

12 on behalf of another person; 

13 ‘‘(III) a person acting solely as 

14 an employee of an entity and whose 

15 control over or economic benefits from 

16 the entity derives solely from the em17 ployment status of the person; 

18 ‘‘(IV) a person whose only inter19 est in an entity is through a right of 

20 inheritance, unless the person also 

21 meets the requirements of clause (i); 

22 or 

23 ‘‘(V) a creditor of an entity, un24 less the creditor also meets the re25 quirements of clause (i). 


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1 ‘‘(iii) ANTI-ABUSE RULE.—The excep2 tions under clause (ii) shall not apply if 

3 used for the purpose of evading, circum4 venting, or abusing the provisions of clause 

5 (i) or paragraph (2)(A). 

6 ‘‘(B) DISCLOSURE DATE.—The term ‘dis7 closure date’ means— 

8 ‘‘(i) the first date during any election 

9 reporting cycle by which a person has 

10 made campaign-related disbursements ag11 gregating more than $10,000; and 

12 ‘‘(ii) any other date during such elec13 tion reporting cycle by which a person has 

14 made campaign-related disbursements ag15 gregating more than $10,000 since the 

16 most recent disclosure date for such elec17 tion reporting cycle. 

18 ‘‘(C) ELECTION REPORTING CYCLE.—The 

19 term ‘election reporting cycle’ means the 2-year 

20 period beginning on the date of the most recent 

21 general election for Federal office, except that 

22 in the case of a campaign-related disbursement 

23 for a Federal judicial nomination communica24 tion, such term means any calendar year in 


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1 which the campaign-related disbursement is 

2 made. 

3 ‘‘(D) PAYMENT.—The term ‘payment’ in4 cludes any contribution, donation, transfer, pay5 ment of dues, or other payment. 

6 ‘‘(b) COORDINATION WITH OTHER PROVISIONS.— 

7 ‘‘(1) OTHER REPORTS FILED WITH THE COM8 MISSION.—Information included in a statement filed 

9 under this section may be excluded from statements 

10 and reports filed under section 304. 

11 ‘‘(2) TREATMENT AS SEPARATE SEGREGATED

12 FUND.—A segregated bank account referred to in 

13 subsection (a)(2)(E) may be treated as a separate 

14 segregated fund for purposes of section 527(f)(3) of 

15 the Internal Revenue Code of 1986. 

16 ‘‘(c) FILING.—Statements required to be filed under 

17 subsection (a) shall be subject to the requirements of sec18 tion 304(d) to the same extent and in the same manner 

19 as if such reports had been required under subsection (c) 

20 or (g) of section 304. 

21 ‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DE22 FINED.— 

23 ‘‘(1) IN GENERAL.—In this section, the term 

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1 ment by a covered organization for any of the fol2 lowing: 

3 ‘‘(A) An independent expenditure which ex4 pressly advocates the election or defeat of a 

5 clearly identified candidate for election for Fed6 eral office, or is the functional equivalent of ex7 press advocacy because, when taken as a whole, 

8 it can be interpreted by a reasonable person 

9 only as advocating the election or defeat of a 

10 candidate for election for Federal office. 

11 ‘‘(B) An applicable public communication. 

12 ‘‘(C) An electioneering communication, as 

13 defined in section 304(f)(3). 

14 ‘‘(D) A Federal judicial nomination com15 munication. 

16 ‘‘(E) A covered transfer. 

17 ‘‘(2) APPLICABLE PUBLIC COMMUNICATIONS.— 

18 ‘‘(A) IN GENERAL.—The term ‘applicable 

19 public communication’ means any public com20 munication that refers to a clearly identified 

21 candidate for election for Federal office and 

22 which promotes or supports the election of a 

23 candidate for that office, or attacks or opposes 

24 the election of a candidate for that office, with25 out regard to whether the communication exVerDate Sep 11 2014 23:01 Aug 07, 2021 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S2671.PCS S2671

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1 pressly advocates a vote for or against a can2 didate for that office. 

3 ‘‘(B) EXCEPTION.—Such term shall not in4 clude any news story, commentary, or editorial 

5 distributed through the facilities of any broad6 casting station or any print, online, or digital 

7 newspaper, magazine, publication, or periodical, 

8 unless such facilities are owned or controlled by 

9 any political party, political committee, or can10 didate. 

11 ‘‘(3) FEDERAL JUDICIAL NOMINATION COMMU12 NICATION.— 

13 ‘‘(A) IN GENERAL.—The term ‘Federal ju14 dicial nomination communication’ means any 

15 communication— 

16 ‘‘(i) that is by means of any broad17 cast, cable, or satellite, paid internet, or 

18 paid digital communication, paid pro19 motion, newspaper, magazine, outdoor ad20 vertising facility, mass mailing, telephone 

21 bank, telephone messaging effort of more 

22 than 500 substantially similar calls or elec23 tronic messages within a 30-day period, or 

24 any other form of general public political 

25 advertising; and 


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1 ‘‘(ii) which promotes, supports, at2 tacks, or opposes the nomination or Senate 

3 confirmation of an individual as a Federal 

4 judge or justice. 

5 ‘‘(B) EXCEPTION.—Such term shall not in6 clude any news story, commentary, or editorial 

7 distributed through the facilities of any broad8 casting station or any print, online, or digital 

9 newspaper, magazine, publication, or periodical, 

10 unless such facilities are owned or controlled by 

11 any political party, political committee, or can12 didate. 

13 ‘‘(4) INTENT NOT REQUIRED.—A disbursement 

14 for an item described in subparagraph (A), (B), (C), 

15 (D), or (E) of paragraph (1) shall be treated as a 

16 campaign-related disbursement regardless of the in17 tent of the person making the disbursement. 

18 ‘‘(e) COVERED ORGANIZATION DEFINED.—In this 

19 section, the term ‘covered organization’ means any of the 

20 following: 

21 ‘‘(1) A corporation (other than an organization 

22 described in section 501(c)(3) of the Internal Rev23 enue Code of 1986). 

24 ‘‘(2) A limited liability corporation that is not 

25 otherwise treated as a corporation for purposes of 


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1 this Act (other than an organization described in 

2 section 501(c)(3) of the Internal Revenue Code of 

3 1986). 

4 ‘‘(3) An organization described in section 

5 501(c) of such Code and exempt from taxation 

6 under section 501(a) of such Code (other than an 

7 organization described in section 501(c)(3) of such 

8 Code). 

9 ‘‘(4) A labor organization (as defined in section 

10 316(b)). 

11 ‘‘(5) Any political organization under section 

12 527 of the Internal Revenue Code of 1986, other 

13 than a political committee under this Act (except as 

14 provided in paragraph (6)). 

15 ‘‘(6) A political committee with an account that 

16 accepts donations or contributions that do not com17 ply with the contribution limits or source prohibi18 tions under this Act, but only with respect to such 

19 accounts. 

20 ‘‘(f) COVERED TRANSFER DEFINED.— 

21 ‘‘(1) IN GENERAL.—In this section, the term 

22 ‘covered transfer’ means any transfer or payment of 

23 funds by a covered organization to another person if 

24 the covered organization— 


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1 ‘‘(A) designates, requests, or suggests that 

2 the amounts be used for— 

3 ‘‘(i) campaign-related disbursements 

4 (other than covered transfers); or 

5 ‘‘(ii) making a transfer to another 

6 person for the purpose of making or pay7 ing for such campaign-related disburse8 ments; 

9 ‘‘(B) made such transfer or payment in re10 sponse to a solicitation or other request for a 

11 donation or payment for— 

12 ‘‘(i) the making of or paying for cam13 paign-related disbursements (other than 

14 covered transfers); or 

15 ‘‘(ii) making a transfer to another 

16 person for the purpose of making or pay17 ing for such campaign-related disburse18 ments; 

19 ‘‘(C) engaged in discussions with the re20 cipient of the transfer or payment regarding— 

21 ‘‘(i) the making of or paying for cam22 paign-related disbursements (other than 

23 covered transfers); or 

24 ‘‘(ii) donating or transferring any 

25 amount of such transfer or payment to anVerDate Sep 11 2014 23:01 Aug 07, 2021 Jkt 019200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S2671.PCS S2671

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1 other person for the purpose of making or 

2 paying for such campaign-related disburse3 ments; 

4 ‘‘(D) made campaign-related disburse5 ments (other than a covered transfer) in an ag6 gregate amount of $50,000 or more during the 

7 2-year period ending on the date of the transfer 

8 or payment, or knew or had reason to know 

9 that the person receiving the transfer or pay10 ment made such disbursements in such an ag11 gregate amount during that 2-year period; or 

12 ‘‘(E) knew or had reason to know that the 

13 person receiving the transfer or payment would 

14 make campaign-related disbursements in an ag15 gregate amount of $50,000 or more during the 

16 2-year period beginning on the date of the 

17 transfer or payment. 

18 ‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ 

19 does not include any of the following: 

20 ‘‘(A) A disbursement made by a covered 

21 organization in a commercial transaction in the 

22 ordinary course of any trade or business con23 ducted by the covered organization or in the 

24 form of investments made by the covered orga25 nization. 


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1 ‘‘(B) A disbursement made by a covered 

2 organization if— 

3 ‘‘(i) the covered organization prohib4 ited, in writing, the use of such disburse5 ment for campaign-related disbursements; 

6 and 

7 ‘‘(ii) the recipient of the disbursement 

8 agreed to follow the prohibition and depos9 ited the disbursement in an account which 

10 is segregated from any account used to 

11 make campaign-related disbursements. 

12 ‘‘(3) SPECIAL RULE REGARDING TRANSFERS

13 AMONG AFFILIATES.— 

14 ‘‘(A) SPECIAL RULE.—A transfer of an 

15 amount by one covered organization to another 

16 covered organization which is treated as a 

17 transfer between affiliates under subparagraph 

18 (C) shall be considered a covered transfer by 

19 the covered organization which transfers the 

20 amount only if the aggregate amount trans21 ferred during the year by such covered organi22 zation to that same covered organization is 

23 equal to or greater than $50,000. 

24 ‘‘(B) DETERMINATION OF AMOUNT OF

25 CERTAIN PAYMENTS AMONG AFFILIATES.—In 


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1 determining the amount of a transfer between 

2 affiliates for purposes of subparagraph (A), to 

3 the extent that the transfer consists of funds 

4 attributable to dues, fees, or assessments which 

5 are paid by individuals on a regular, periodic 

6 basis in accordance with a per-individual cal7 culation which is made on a regular basis, the 

8 transfer shall be attributed to the individuals 

9 paying the dues, fees, or assessments and shall 

10 not be attributed to the covered organization. 

11 ‘‘(C) DESCRIPTION OF TRANSFERS BE12 TWEEN AFFILIATES.—A transfer of amounts 

13 from one covered organization to another cov14 ered organization shall be treated as a transfer 

15 between affiliates if— 

16 ‘‘(i) one of the organizations is an af17 filiate of the other organization; or 

18 ‘‘(ii) each of the organizations is an 

19 affiliate of the same organization, 

20 except that the transfer shall not be treated as 

21 a transfer between affiliates if one of the orga22 nizations is established for the purpose of mak23 ing campaign-related disbursements. 

24 ‘‘(D) DETERMINATION OF AFFILIATE STA25 TUS.—For purposes of subparagraph (C), a 


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1 covered organization is an affiliate of another 

2 covered organization if— 

3 ‘‘(i) the governing instrument of the 

4 organization requires it to be bound by de5 cisions of the other organization; 

6 ‘‘(ii) the governing board of the orga7 nization includes persons who are specifi8 cally designated representatives of the 

9 other organization or are members of the 

10 governing board, officers, or paid executive 

11 staff members of the other organization, or 

12 whose service on the governing board is 

13 contingent upon the approval of the other 

14 organization; or 

15 ‘‘(iii) the organization is chartered by 

16 the other organization. 

17 ‘‘(E) COVERAGE OF TRANSFERS TO AF18 FILIATED SECTION 501(c)(3) ORGANIZA19 TIONS.—This paragraph shall apply with re20 spect to an amount transferred by a covered or21 ganization to an organization described in para22 graph (3) of section 501(c) of the Internal Rev23 enue Code of 1986 and exempt from tax under 

24 section 501(a) of such Code in the same man25 ner as this paragraph applies to an amount 


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1 transferred by a covered organization to an2 other covered organization. 

3 ‘‘(g) NO EFFECT ON OTHER REPORTING REQUIRE4 MENTS.—Nothing in this section shall be construed to 

5 waive or otherwise affect any other requirement of this 

6 Act which relates to the reporting of campaign-related dis7 bursements.’’. 

8 (2) CONFORMING AMENDMENT.—Section 

9 304(f)(6) of such Act (52 U.S.C. 30104) is amended 

10 by striking ‘‘Any requirement’’ and inserting ‘‘Ex11 cept as provided in section 324(b), any require12 ment’’. 

13 (b) COORDINATION WITH FINCEN.— 

14 (1) IN GENERAL.—The Director of the Finan15 cial Crimes Enforcement Network of the Depart16 ment of the Treasury shall provide the Federal Elec17 tion Commission with such information as necessary 

18 to assist in administering and enforcing section 324 

19 of the Federal Election Campaign Act of 1971, as 

20 amended by this section. 

21 (2) REPORT.—Not later than 6 months after 

22 the date of the enactment of this Act, the Chairman 

23 of the Federal Election Commission, in consultation 

24 with the Director of the Financial Crimes Enforce25 ment Network of the Department of the Treasury, 


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1 shall submit to Congress a report with recommenda2 tions for providing further legislative authority to as3 sist in the administration and enforcement of such 

4 section 324. 

5 SEC. 202. APPLICATION OF FOREIGN MONEY BAN TO DIS6 BURSEMENTS FOR CAMPAIGN-RELATED DIS7 BURSEMENTS CONSISTING OF COVERED 

8 TRANSFERS. 

9 Section 319(b)(2) of the Federal Election Campaign 

10 Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by 

11 section 102, is amended— 

12 (1) by striking ‘‘includes any disbursement’’ 

13 and inserting ‘‘includes— 

14 ‘‘(A) any disbursement’’; 

15 (2) by striking the period at the end and insert16 ing ‘‘; and’’, and 

17 (3) by adding at the end the following new sub18 paragraph: 

19 ‘‘(B) any disbursement, other than a dis20 bursement described in section 324(a)(3)(A), to 

21 another person who made a campaign-related 

22 disbursement consisting of a covered transfer 

23 (as described in section 324) during the 2-year 

24 period ending on the date of the disburse25 ment.’’. 


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1 SEC. 203. EFFECTIVE DATE. 

2 The amendments made by this title shall apply with 

3 respect to disbursements made on or after January 1, 

4 2022, and shall take effect without regard to whether or 

5 not the Federal Election Commission has promulgated 

6 regulations to carry out such amendments. 

7 TITLE III—OTHER 

8 ADMINISTRATIVE REFORMS 

9 SEC. 301. PETITION FOR CERTIORARI. 

10 Section 307(a)(6) of the Federal Election Campaign 

11 Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by in12 serting ‘‘(including a proceeding before the Supreme 

13 Court on certiorari)’’ after ‘‘appeal’’. 

14 SEC. 302. JUDICIAL REVIEW OF ACTIONS RELATED TO CAM15 PAIGN FINANCE LAWS. 

16 (a) IN GENERAL.—Title IV of the Federal Election 

17 Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is 

18 amended by inserting after section 406 the following new 

19 section: 

20 ‘‘SEC. 407. JUDICIAL REVIEW. 

21 ‘‘(a) IN GENERAL.—If any action is brought for de22 claratory or injunctive relief to challenge, whether facially 

23 or as-applied, the constitutionality or lawfulness of any 

24 provision of this Act or of chapter 95 or 96 of the Internal 

25 Revenue Code of 1986, or is brought to with respect to 

26 any action of the Commission under chapter 95 or 96 of 


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1 the Internal Revenue Code of 1986, the following rules 

2 shall apply: 

3 ‘‘(1) The action shall be filed in the United 

4 States District Court for the District of Columbia 

5 and an appeal from the decision of the district court 

6 may be taken to the Court of Appeals for the Dis7 trict of Columbia Circuit. 

8 ‘‘(2) In the case of an action relating to declar9 atory or injunctive relief to challenge the constitu10 tionality of a provision, the party filing the action 

11 shall concurrently deliver a copy of the complaint to 

12 the Clerk of the House of Representatives and the 

13 Secretary of the Senate. 

14 ‘‘(3) It shall be the duty of the United States 

15 District Court for the District of Columbia and the 

16 Court of Appeals for the District of Columbia Cir17 cuit to advance on the docket and to expedite to the 

18 greatest possible extent the disposition of the action 

19 and appeal. 

20 ‘‘(b) CLARIFYING SCOPE OF JURISDICTION.—If an 

21 action at the time of its commencement is not subject to 

22 subsection (a), but an amendment, counterclaim, cross23 claim, affirmative defense, or any other pleading or motion 

24 is filed challenging, whether facially or as-applied, the con25 stitutionality or lawfulness of this Act or of chapter 95 


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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 district court shall transfer the action to the District 

5 Court for the District of Columbia, and the action shall 

6 thereafter be conducted pursuant to subsection (a). 

7 ‘‘(c) INTERVENTION BY MEMBERS OF CONGRESS.— 

8 In any action described in subsection (a) relating to de9 claratory or injunctive relief to challenge the constitu10 tionality of a provision, any Member of the House of Rep11 resentatives (including a Delegate or Resident Commis12 sioner to the Congress) or Senate shall have the right to 

13 intervene either in support of or opposition to the position 

14 of a party to the case regarding the constitutionality of 

15 the provision. To avoid duplication of efforts and reduce 

16 the burdens placed on the parties to the action, the court 

17 in any such action may make such orders as it considers 

18 necessary, including orders to require interveners taking 

19 similar positions to file joint papers or to be represented 

20 by a single attorney at oral argument. 

21 ‘‘(d) CHALLENGE BY MEMBERS OF CONGRESS.—Any 

22 Member of Congress may bring an action, subject to the 

23 special rules described in subsection (a), for declaratory 

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1 plied, the constitutionality of any provision of this Act or 

2 chapter 95 or 96 of the Internal Revenue Code of 1986.’’. 

3 (b) CONFORMING AMENDMENTS.— 

4 (1) Section 9011 of the Internal Revenue Code 

5 of 1986 is amended to read as follows: 

6 ‘‘SEC. 9011. JUDICIAL REVIEW. 

7 ‘‘For provisions relating to judicial review of certifi8 cations, determinations, and actions by the Commission 

9 under this chapter, see section 407 of the Federal Election 

10 Campaign Act of 1971.’’. 

11 (2) Section 9041 of the Internal Revenue Code 

12 of 1986 is amended to read as follows: 

13 ‘‘SEC. 9041. JUDICIAL REVIEW. 

14 ‘‘For provisions relating to judicial review of actions 

15 by the Commission under this chapter, see section 407 of 

16 the Federal Election Campaign Act of 1971.’’. 

17 (3) Section 310 of the Federal Election Cam18 paign Act of 1971 (52 U.S.C. 30110) is repealed. 

19 (4) Section 403 of the Bipartisan Campaign 

20 Reform Act of 2002 (52 U.S.C. 30110 note) is re21 pealed. 

22 (c) EFFECTIVE DATE.—The amendments made by 

23 this section shall apply to actions brought on or after Jan24 uary 1, 2021. 


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1 TITLE IV—SEVERABILITY 

2 SEC. 401. SEVERABILITY. 

3 If any provision of this Act or amendment made by 

4 this Act, or the application of a provision or amendment 

5 to any person or circumstance, is held to be unconstitu6 tional, the remainder of this Act and amendments made 

7 by this Act, and the application of the provisions and 

8 amendment to any person or circumstance, shall not be 

9 affected by the holding. 


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Calendar No. 120 

117TH CONGRESS 

1ST SESSION S. 2671 

A BILL 

To amend the Federal Election Campaign Act of 

purposes. Super PACs and other entities, and for other ments for corporations, labor organizations, 1971 to provide for additional disclosure requireAUGUST 7, 2021 

Read the second time and placed on the calendar 


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