160 
to my former employer or former clients, including 
regulations and contracts. 
‘‘(3) REVOLVING DOOR BAN; LOBBYISTS AND 
REGISTERED AGENTS ENTERING GOVERNMENT.—If, 
during the 2 year period before the date of my ap-
pointment, I was registered under the Lobbying Dis-
closure Act of 1995 (2 U.S.C. 1601 et seq.) or the 
Foreign Agents Registration Act of 1938, as amend-
ed, (22 U.S.C. 611 et seq.), in addition to abiding 
by the limitations of paragraph (2), I will not, for 
a period of 2 years beginning on the date of my ap-
pointment— 
‘‘(A) participate in any particular matter 
with respect to which I lobbied, or engaged in 
any activity that would require registration 
under the Foreign Agents Registration Act of 
1938, as amended (22 U.S.C. 611 et seq.), dur-
ing the 2-year period before the date of my ap-
pointment; 
‘‘(B) participate in the specific issue area 
involving the particular matter described in 
subparagraph (A); or 
‘‘(C) seek or accept employment with any 
Executive agency with respect to which I lob-
bied, or engaged in any activity that would re-
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
161 
quire registration under the Foreign Agents 
Registration Act of 1938, as amended (22 
U.S.C. 611 et seq.), during the 2-year period 
before the date of my appointment. 
‘‘(4) REVOLVING DOOR BAN; APPOINTEES LEAV-
ING GOVERNMENT.—If, upon my departure from the 
Government, the post-employment restrictions relat-
ing to communicating with employees of my former 
Executive agency under section 207(c) of title 18, 
United States Code, and any implementing regula-
tions, apply to me, I agree that I will abide by those 
restrictions for a period of 2 years beginning on the 
last date of my appointment. I will abide by those 
same restrictions with respect to communicating 
with the Senior White House staff. 
‘‘(5) REVOLVING DOOR BAN; SENIOR AND VERY 
SENIOR
APPOINTEES
LEAVING
GOVERNMENT.—If, 
upon my departure from the Government, the post- 
employment restrictions under subsections (c) or (d) 
of section 207 of title 18, United States Code, and 
any implementing regulations, apply to me, I agree 
that, in addition to abiding by those restrictions, for 
a period of 1 year beginning on the last date of my 
appointment, I will not materially assist any other 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
162 
person in making any communication or appearance 
that I am prohibited from undertaking myself by— 
‘‘(A) holding myself out as being available 
to engage in lobbying activities in support of 
any such communication or appearance; or 
‘‘(B) engaging in any such lobbying activi-
ties. 
‘‘(6) REVOLVING DOOR BAN; APPOINTEES LEAV-
ING GOVERNMENT TO LOBBY.—In addition to abid-
ing by the limitations under paragraph (4), I also 
agree, upon leaving Government service, not to lobby 
any covered executive branch official or non-career 
Senior Executive Service appointee, or engage in any 
activity on behalf of any foreign government or for-
eign political party that, if such activity was under-
taken on January 20, 2021, would require that I 
register under the Foreign Agents Registration Act 
of 1938, as amended (22 U.S.C. 611 et seq.), for 
the remainder of the Administration or the 2-year 
period beginning on the last date of my appoint-
ment, whichever is later. 
‘‘(7) GOLDEN PARACHUTE BAN.—I have not ac-
cepted and will not accept, including after entering 
Government, any salary or other cash payment from 
my former employer the eligibility for and payment 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
163 
of which is limited to individuals accepting a position 
in the United States Government. I also have not ac-
cepted and will not accept any non-cash benefit from 
my former employer that is provided in lieu of such 
a prohibited cash payment. 
‘‘(8) EMPLOYMENT
QUALIFICATION
COMMIT-
MENT.—I agree that any hiring or other employment 
decisions I make will be based on the qualifications, 
competence, and experience of the candidate. 
‘‘(9) ASSENT TO ENFORCEMENT.—I acknowl-
edge that subtitle B of title IX of the Protecting 
Our Democracy Act, which I have read before sign-
ing this document, defines certain of the terms ap-
plicable to the foregoing obligations and sets forth 
the methods for enforcing them. I expressly accept 
the provisions of that subtitle as a part of this 
agreement and as binding on me. I understand that 
the terms of this pledge are in addition to any statu-
tory or other legal restrictions applicable to me by 
virtue of Federal Government service.’’. 
SEC. 913. WAIVERS. 
(a) IN GENERAL.— 
(1) REQUIREMENTS FOR WAIVER.—The Direc-
tor of the Office of Management and Budget, in con-
sultation with the Counsel to the President, may 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
164 
grant to any current or former appointee a written 
waiver of any restrictions contained in the pledge 
signed by such appointee if, and to the extent that, 
the Director of the Office of Management and Budg-
et certifies in writing— 
(A) that the literal application of the re-
striction is inconsistent with the purposes of the 
restriction; or 
(B) that, subject to subsection (c), it is in 
the public interest to grant the waiver. 
(2) CONTENTS.—Any waiver granted under 
paragraph (1) shall— 
(A) reflect the basis for the waiver; and 
(B) in the case of a waiver of the restric-
tions under subparagraph (B) or (C) of para-
graph (3) of the pledge, include a discussion of 
the findings with respect to the considerations 
set forth in subsection (c)(2) of this section. 
(b) EFFECTIVE DATE; PUBLICATION.— 
(1) EFFECTIVE DATE.—A waiver granted under 
subsection (a) shall take effect on the date on which 
the Director of the Office of Management and Budg-
et signs the waiver. 
(2) PUBLICATION.—The Director of the Office 
of Management and Budget shall make any waiver 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
165 
granted under subsection (a) public not later than 
10 days after the waiver is granted. 
(c) PUBLIC INTEREST.— 
(1) IN
GENERAL.—With respect to consider-
ation of the public interest under subsection 
(a)(2)(B), the public interest shall include exigent 
circumstances relating to national security, the econ-
omy, public health, or the environment. 
(2) 
SPECIFIC
CONSIDERATIONS.—In 
deter-
mining whether it is in the public interest to grant 
a waiver under subsection (a)(2)(B) of the restric-
tions under subparagraph (B) or (C) of paragraph 
(3) of the pledge, the responsible official may con-
sider the following factors— 
(A) the need of the Government for the 
services of the individual, including the exist-
ence of special circumstances related to national 
security, the economy, public health, or the en-
vironment of the United States; 
(B) the uniqueness of the qualifications of 
the individual to meet the needs of the Govern-
ment; 
(C) the scope and nature of the prior lob-
bying activities of the individual, including 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
166 
whether such activities were de minimis or ren-
dered on behalf of a nonprofit organization; and 
(D) the extent to which the purposes of the 
restriction may be satisfied through other limi-
tations on the services of the individual, such as 
those required by paragraph (3)(A) of the 
pledge. 
SEC. 914. ADMINISTRATION. 
(a) IN GENERAL.—The head of each Executive agen-
cy shall, in consultation with the Director of the Office 
of Government Ethics, establish such rules or procedures 
(conforming as nearly as practicable to the general ethics 
rules and procedures of the Executive agency, including 
those relating to designated agency ethics officials) as are 
necessary or appropriate to ensure— 
(1) that every appointee in the Executive agen-
cy signs the pledge upon assuming the appointed of-
fice or otherwise becoming an appointee; 
(2) that compliance with paragraph (3) of the 
pledge is addressed in a written ethics agreement 
with each appointee to whom it applies, which agree-
ment shall also be approved by the Counsel to the 
President prior to the appointee commencing work; 
(3) that any spousal employment issue or other 
conflict not expressly addressed by the pledge is ad-
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
167 
dressed in ethics agreements with appointees or, 
where no such agreements are required, through eth-
ics counseling; and 
(4) that the Executive agency generally com-
plies with this subtitle. 
(b) EXECUTIVE OFFICE OF THE PRESIDENT.—With 
respect to the Executive Office of the President, the duties 
set forth in subsection (a) shall be the responsibility of 
the Counsel to the President. 
(c) DIRECTOR OF THE OFFICE OF GOVERNMENT 
ETHICS GENERAL RESPONSIBILITIES.—The Director of 
the Office of Government Ethics shall— 
(1) ensure that the pledge and a copy of this 
subtitle are made available for use by each Executive 
agency in fulfilling the duties of the Executive agen-
cy under subsection (a); 
(2) in consultation with the Attorney General or 
the Counsel to the President, when appropriate, as-
sist designated agency ethics officials in providing 
advice to current or former appointees regarding the 
application of the pledge; and 
(3) in consultation with the Attorney General 
and the Counsel to the President, adopt such rules 
or procedures as are necessary or appropriate— 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
168 
(A) to carry out the foregoing responsibil-
ities; 
(B) to authorize limited exceptions to the 
lobbyist gift ban under paragraph (1) of the 
pledge for circumstances that do not implicate 
the purposes of the ban; 
(C) to make clear that no individual shall 
have violated the lobbyist gift ban under para-
graph (1) of the pledge if the individual prop-
erly disposes of a gift as provided under section 
2635.206 of title 5, Code of Federal Regula-
tions; 
(D) to ensure that existing rules and pro-
cedures for Government employees engaged in 
negotiations for future employment with private 
businesses that are affected by the official ac-
tions of the employees do not affect the integ-
rity of the programs and operations of the Gov-
ernment; and 
(E) to ensure, in consultation with the Di-
rector of the Office of Personnel Management, 
that the requirement set forth in paragraph (6) 
of the pledge is honored by every employee of 
the executive branch; 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
169 
(4) in consultation with the Director of the Of-
fice of Management and Budget, submit a report to 
the President on whether full compliance is being 
achieved with existing Federal laws and regulations 
governing executive branch procurement lobbying 
disclosure, provided that such report shall include— 
(A) recommendations relating to steps the 
executive branch can take to expand, to the 
fullest extent practicable, disclosure of both ex-
ecutive branch procurement lobbying and of lob-
bying for presidential pardons; and 
(B) recommendations relating to both im-
mediate actions the executive branch can take 
and, if necessary, recommendations for legisla-
tion; and 
(5) provide an annual report on the administra-
tion of the pledge and this subtitle. 
(d) REVOLVING DOOR BAN REPORT.—The Director 
of the Office of Government Ethics shall, in consultation 
with the Attorney General, the Counsel to the President, 
and the Director of the Office of Personnel Management, 
report to the President on steps the executive branch can 
take to expand to the fullest extent practicable the revolv-
ing door ban under paragraph (5) of the pledge to all exec-
utive branch employees who are involved in the procure-
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
170 
ment process such that those employees may not for 2 
years after leaving Government service lobby any Govern-
ment official regarding a Government contract that was 
under the official responsibility of the employee during the 
last 2 years of Government service of the employee. This 
report shall include both immediate actions the executive 
branch can take and, if necessary, recommendations for 
legislation. 
(e) FILING AND RETENTION.—Each pledge signed by 
an appointee, and any waiver granted under section 913 
with respect thereto, shall be filed with the head of the 
agency of the relevant appointee for permanent retention 
in the official personnel folder of the appointee or any 
equivalent folder. 
SEC. 915. ENFORCEMENT. 
(a) IN GENERAL.—The contractual, fiduciary, and 
ethical commitments in the pledge provided for herein are 
solely enforceable by the United States pursuant to this 
section by any legally available means, including— 
(1) debarment proceedings within any affected 
Executive agency; or 
(2) judicial civil proceedings for declaratory, in-
junctive, or monetary relief. 
(b) BAR ON LOBBYING.— 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
171 
(1) IN GENERAL.—Any former appointee who is 
determined, after notice and hearing, by the duly 
designated authority within any Executive agency, to 
have violated the pledge signed by the appointee may 
be barred from lobbying any officer or employee of 
the Executive agency to which the appointee was ap-
pointed for not more than 5 years in addition to any 
other restriction on lobbying under the pledge signed 
by the appointee. 
(2) PROCEDURES.—The head of each Executive 
agency shall, in consultation with the Director of the 
Office of Government Ethics, establish procedures to 
implement this subsection, which shall include pro-
viding for fact-finding and investigation of possible 
violations of this subtitle and for referrals to the At-
torney General for consideration pursuant to sub-
section (c). 
(c) AUTHORITY OF THE ATTORNEY GENERAL.— 
(1) 
IN
GENERAL.—The 
Attorney 
General 
may— 
(A) upon receiving information regarding 
the possible breach of any commitment in a 
signed pledge by an appointee, request any ap-
propriate Federal investigative authority to con-
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00171
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
172 
duct an investigation of the alleged breach, as 
may be appropriate; and 
(B) upon determining that there is a rea-
sonable basis to believe that a breach of a com-
mitment in a signed pledge by an appointee has 
occurred, will occur, or will continue to occur if 
not enjoined, commence a civil action against 
the former employee in any United States Dis-
trict Court with jurisdiction to consider the 
matter. 
(2) CIVIL
RELIEF.—In any civil action com-
menced under paragraph (1)(B), the Attorney Gen-
eral may request any and all relief authorized by 
Federal law, including— 
(A) such temporary restraining orders and 
preliminary and permanent injunctions as may 
be appropriate to restrain future, recurring, or 
continuing conduct by the former appointee in 
breach of the commitments in the pledge he or 
she signed; and 
(B) establishment of a constructive trust 
for the benefit of the United States, requiring 
an accounting and payment to the United 
States Treasury of all money and other things 
of value received by, or payable to, the former 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00172
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
173 
employee arising out of any breach or at-
tempted breach of the pledge signed by the 
former appointee. 
SEC. 916. GENERAL PROVISIONS. 
(a) SEVERABILITY.—If any provision of this subtitle 
or the application of such provision is held to be invalid, 
the remainder of this subtitle and other dissimilar applica-
tions of such provision shall not be affected. 
(b) RULE OF CONSTRUCTION.—Nothing in this sub-
title shall be construed to impair or otherwise affect— 
(1) the authority granted by Federal law to any 
Executive agency, or the head thereof; or 
(2) the functions of the Director of the Office 
of Management and Budget relating to budgetary, 
administrative, or legislative proposals. 
(c) IMPLEMENTATION.—This subtitle shall be imple-
mented consistent with applicable law and subject to the 
availability of appropriations. 
(d) RULE OF CONSTRUCTION.—This subtitle is not 
intended to, and does not, create any right or benefit, sub-
stantive or procedural, enforceable at law or in equity by 
any party against the United States, its departments, 
agencies, or entities, its officers, employees, or agents, or 
any other person. 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00173
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
174 
TITLE 
X—PRESIDENTIAL 
AND 
VICE 
PRESIDENTIAL 
TAX 
TRANSPARENCY 
SEC. 1001. PRESIDENTIAL AND VICE PRESIDENTIAL TAX 
TRANSPARENCY. 
(a) DEFINITIONS.—In this section— 
(1) The term ‘‘covered candidate’’ means a can-
didate of a major party in a general election for the 
office of President or Vice President. 
(2) The term ‘‘income tax return’’ means, with 
respect to an individual, any return (as such term is 
defined in section 6103(b)(1) of the Internal Rev-
enue Code of 1986, except that such term shall not 
include declarations of estimated tax) of— 
(A) such individual, other than information 
returns issued to persons other than such indi-
vidual; or 
(B) of any corporation, partnership, or 
trust in which such individual holds, directly or 
indirectly, a significant interest as the sole or 
principal owner or the sole or principal bene-
ficial owner (as such terms are defined in regu-
lations prescribed by the Secretary). 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
175 
(3) The term ‘‘major party’’ has the meaning 
given the term in section 9002 of the Internal Rev-
enue Code of 1986. 
(4) The term ‘‘Secretary’’ means the Secretary 
of the Treasury or the delegate of the Secretary. 
(b) DISCLOSURE.— 
(1) IN GENERAL.— 
(A) CANDIDATES
FOR
PRESIDENT
AND 
VICE PRESIDENT.—Not later than the date that 
is 15 days after the date on which an individual 
becomes a covered candidate, the individual 
shall submit to the Federal Election Commis-
sion a copy of the individual’s income tax re-
turns for the 10 most recent taxable years for 
which a return has been filed with the Internal 
Revenue Service. 
(B) PRESIDENT AND VICE PRESIDENT.— 
With respect to an individual who is the Presi-
dent or Vice President, not later than the due 
date for the return of tax for each taxable year, 
such individual shall submit to the Federal 
Election Commission a copy of the individual’s 
income tax returns for the taxable year and for 
the 9 preceding taxable years. 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
176 
(C) TRANSITION RULE FOR SITTING PRESI-
DENTS AND VICE PRESIDENTS.—Not later than 
the date that is 30 days after the date of enact-
ment of this section, an individual who is the 
President or Vice President on such date of en-
actment shall submit to the Federal Election 
Commission a copy of the income tax returns 
for the 10 most recent taxable years for which 
a return has been filed with the Internal Rev-
enue Service. 
(2) FAILURE
TO
DISCLOSE.—If any require-
ment under paragraph (1) to submit an income tax 
return is not met, the chairman of the Federal Elec-
tion Commission shall submit to the Secretary a 
written request that the Secretary provide the Fed-
eral Election Commission with the income tax re-
turn. 
(3) PUBLICLY
AVAILABLE.—The chairman of 
the Federal Election Commission shall make publicly 
available each income tax return submitted under 
paragraph (1) in the same manner as a return pro-
vided under section 6103(l)(23) of the Internal Rev-
enue Code of 1986 (as added by this section). 
(4) TREATMENT UNDER THE FEDERAL ELEC-
TION CAMPAIGN ACT OF 1971.—Section 304(a)(11) 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
177 
of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30104(a)(11)) is amended by adding at the 
end the following: 
‘‘(E) An income tax return filed under the 
Protecting Our Democracy Act shall be filed in 
electronic form accessible by computers and 
shall be treated as a report filed under and re-
quired by this Act for purposes of subpara-
graphs (B) and (C), except that if it would re-
quire considerable, extensive, and significant 
time for the Commission to make redactions to 
such a return, as required under section 
1001(b)(3) of the Protecting Our Democracy 
Act 
or 
subparagraph 
(B)(ii) 
of 
section 
6103(l)(23) of the Internal Revenue Code of 
1986, the Commission may make the return 
available for public inspection more than 48 
hours after receipt by the Commission, but in 
no event later than 30 days after receipt by the 
Commission.’’. 
(c) DISCLOSURE OF RETURNS OF PRESIDENTS AND 
VICE
PRESIDENTS
AND
CERTAIN
CANDIDATES
FOR 
PRESIDENT AND VICE PRESIDENT.— 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
178 
(1) IN GENERAL.—Section 6103(l) of the Inter-
nal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph: 
‘‘(23) DISCLOSURE OF RETURN INFORMATION 
OF PRESIDENTS AND VICE PRESIDENTS AND CER-
TAIN CANDIDATES FOR PRESIDENT AND VICE PRESI-
DENT.— 
‘‘(A) IN GENERAL.—Upon written request 
by the chairman of the Federal Election Com-
mission under section 1001(b)(2) of the Pro-
tecting Our Democracy Act, not later than the 
date that is 15 days after the date of such re-
quest, the Secretary shall provide copies of any 
return which is so requested to officers and em-
ployees of the Federal Election Commission 
whose official duties include disclosure or redac-
tion of such return under this paragraph. 
‘‘(B) DISCLOSURE TO THE PUBLIC.— 
‘‘(i) IN GENERAL.—The chairman of 
the Federal Election Commission shall 
make publicly available any return which is 
provided under subparagraph (A). 
‘‘(ii) REDACTION OF CERTAIN INFOR-
MATION.—Before making publicly available 
under clause (i) any return, the chairman 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
179 
of the Federal Election Commission shall 
redact such information as the Federal 
Election Commission and the Secretary 
jointly determine is necessary for pro-
tecting against identity theft, such as so-
cial security numbers.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
6103(p)(4) of such Code is amended— 
(A) in the matter preceding subparagraph 
(A) by striking ‘‘or (22)’’ and inserting ‘‘(22), 
or (23)’’; and 
(B) in subparagraph (F)(ii) by striking ‘‘or 
(22)’’ and inserting ‘‘(22), or (23)’’. 
(3) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to disclosures made on 
or after the date of enactment of this Act. 
DIVISION C—MISCELLANEOUS 
TITLE XI—REPORTING FOREIGN 
INTERFERENCE IN ELECTIONS 
SEC. 1101. FEDERAL CAMPAIGN REPORTING OF FOREIGN 
CONTACTS. 
(a) INITIAL NOTICE.— 
(1) IN GENERAL.—Section 304 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30104), 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
180 
as amended by section 309, is amended by adding 
at the end the following new subsection: 
‘‘(i) DISCLOSURE OF REPORTABLE FOREIGN CON-
TACTS.— 
‘‘(1) COMMITTEE
OBLIGATION
TO
NOTIFY.— 
Not later than 1 week after a reportable foreign con-
tact, each political committee shall notify the Fed-
eral Bureau of Investigation and the Commission of 
the reportable foreign contact and provide a sum-
mary of the circumstances with respect to such re-
portable foreign contact. The Federal Bureau of In-
vestigation, not later than 1 week after receiving a 
notification from a political committee under this 
paragraph, shall submit to the political committee, 
the Permanent Select Committee on Intelligence of 
the House of Representatives, and the Select Com-
mittee on Intelligence of the Senate written or elec-
tronic confirmation of receipt of the notification. 
‘‘(2) INDIVIDUAL
OBLIGATION
TO
NOTIFY.— 
Not later than 3 days after a reportable foreign con-
tact— 
‘‘(A) each candidate and each immediate 
family member of a candidate shall notify the 
treasurer or other designated official of the 
principal campaign committee of such candidate 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
181 
of the reportable foreign contact and provide a 
summary of the circumstances with respect to 
such reportable foreign contact; and 
‘‘(B) each official, employee, or agent of a 
political committee shall notify the treasurer or 
other designated official of the committee of the 
reportable foreign contact and provide a sum-
mary of the circumstances with respect to such 
reportable foreign contact. 
‘‘(3) REPORTABLE FOREIGN CONTACT.—In this 
subsection: 
‘‘(A) IN GENERAL.—The term ‘reportable 
foreign contact’ means any direct or indirect 
contact or communication that— 
‘‘(i) is between— 
‘‘(I) a candidate, an immediate 
family member of the candidate, a po-
litical committee, or any official, em-
ployee, or agent of such committee; 
and 
‘‘(II) an individual that the per-
son described in subclause (I) knows, 
has reason to know, or reasonably be-
lieves is a covered foreign national; 
and 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
182 
‘‘(ii) the person described in clause 
(i)(I) knows, has reason to know, or rea-
sonably believes involves— 
‘‘(I) an offer or other proposal 
for a contribution, donation, expendi-
ture, disbursement, or solicitation de-
scribed in section 319; or 
‘‘(II) coordination or collabora-
tion with, an offer or provision of in-
formation or services to or from, or 
persistent and repeated contact with, 
a covered foreign national in connec-
tion with an election. 
‘‘(B) EXCEPTIONS.— 
‘‘(i) CONTACTS IN OFFICIAL CAPACITY 
AS ELECTED OFFICIAL.—The term ‘report-
able foreign contact’ shall not include any 
contact or communication with a covered 
foreign national by an elected official or an 
employee of an elected official solely in an 
official capacity as such an official or em-
ployee. 
‘‘(ii) CONTACTS
FOR
PURPOSES
OF 
ENABLING
OBSERVATION
OF
ELECTIONS 
BY
INTERNATIONAL
OBSERVERS.—The 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
183 
term ‘reportable foreign contact’ shall not 
include any contact or communication with 
a covered foreign national by any person 
which is made for purposes of enabling the 
observation of elections in the United 
States by a foreign national or the obser-
vation of elections outside of the United 
States by a candidate, political committee, 
or any official, employee, or agent of such 
committee. 
‘‘(iii) EXCEPTIONS
NOT
APPLICABLE 
IF
CONTACTS
OR
COMMUNICATIONS
IN-
VOLVE
PROHIBITED
DISBURSEMENTS.—A 
contact or communication by an elected of-
ficial or an employee of an elected official 
shall not be considered to be made solely 
in an official capacity for purposes of 
clause (i), and a contact or communication 
shall not be considered to be made for pur-
poses of enabling the observation of elec-
tions for purposes of clause (ii), if the con-
tact or communication involves a contribu-
tion, donation, expenditure, disbursement, 
or solicitation described in section 319. 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
184 
‘‘(C) COVERED
FOREIGN
NATIONAL
DE-
FINED.— 
‘‘(i) IN GENERAL.—In this paragraph, 
the 
term 
‘covered 
foreign 
national’ 
means— 
‘‘(I) a foreign principal (as de-
fined in section 1(b) of the Foreign 
Agents Registration Act of 1938 (22 
U.S.C. 611(b))) that is a government 
of a foreign country or a foreign polit-
ical party; 
‘‘(II) any person who acts as an 
agent, representative, employee, or 
servant, or any person who acts in 
any other capacity at the order, re-
quest, or under the direction or con-
trol, of a foreign principal described in 
subclause (I) or of a person any of 
whose activities are directly or indi-
rectly supervised, directed, controlled, 
financed, or subsidized in whole or in 
major part by a foreign principal de-
scribed in subclause (I); or 
‘‘(III) any person included in the 
list of specially designated nationals 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
185 
and blocked persons maintained by 
the Office of Foreign Assets Control 
of the Department of the Treasury 
pursuant to authorities relating to the 
imposition of sanctions relating to the 
conduct of a foreign principal de-
scribed in subclause (I). 
‘‘(ii) CLARIFICATION REGARDING AP-
PLICATION TO CITIZENS OF THE UNITED 
STATES.—In the case of a citizen of the 
United States, subclause (II) of clause (i) 
applies only to the extent that the person 
involved acts within the scope of that per-
son’s status as the agent of a foreign prin-
cipal described in subclause (I) of clause 
(i). 
‘‘(4) IMMEDIATE
FAMILY
MEMBER.—In this 
subsection, the term ‘immediate family member’ 
means, with respect to a candidate, a parent, parent- 
in-law, spouse, adult child, or sibling.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to report-
able foreign contacts which occur on or after the 
date of the enactment of this Act. 
(b) INFORMATION INCLUDED ON REPORT.— 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
186 
(1) IN GENERAL.—Section 304(b) of such Act 
(52 U.S.C. 30104(b)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (7); 
(B) by striking the period at the end of 
paragraph (8) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(9) for any reportable foreign contact (as de-
fined in subsection (i)(3))— 
‘‘(A) the date, time, and location of the 
contact; 
‘‘(B) the date and time of when a des-
ignated official of the committee was notified of 
the contact; 
‘‘(C) the identity of individuals involved; 
and 
‘‘(D) a description of the contact, including 
the nature of any contribution, donation, ex-
penditure, disbursement, or solicitation involved 
and the nature of any activity described in sub-
section (i)(3)(A)(ii)(II) involved.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply with respect to reports 
filed on or after the expiration of the 60-day period 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
187 
which begins on the date of the enactment of this 
Act. 
SEC. 1102. FEDERAL CAMPAIGN FOREIGN CONTACT RE-
PORTING COMPLIANCE SYSTEM. 
(a) IN GENERAL.—Section 302 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30102) is amended 
by adding at the end the following new subsection: 
‘‘(j) REPORTABLE FOREIGN CONTACTS COMPLIANCE 
POLICY.— 
‘‘(1) REPORTING.—Each political committee 
shall establish a policy that requires all officials, em-
ployees, and agents of such committee to notify the 
treasurer or other appropriate designated official of 
the committee of any reportable foreign contact (as 
defined in section 304(i)) not later than 3 days after 
such contact was made. 
‘‘(2) 
RETENTION
AND
PRESERVATION
OF 
RECORDS.—Each political committee shall establish 
a policy that provides for the retention and preserva-
tion of records and information related to reportable 
foreign contacts (as so defined) for a period of not 
less than 3 years. 
‘‘(3) CERTIFICATION.— 
‘‘(A) IN GENERAL.—Upon filing its state-
ment of organization under section 303(a), and 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
188 
with each report filed under section 304(a), the 
treasurer of each political committee (other 
than an authorized committee) shall certify 
that— 
‘‘(i) the committee has in place poli-
cies that meet the requirements of para-
graphs (1) and (2); 
‘‘(ii) the committee has designated an 
official to monitor compliance with such 
policies; and 
‘‘(iii) not later than 1 week after the 
beginning of any formal or informal affili-
ation with the committee, all officials, em-
ployees, and agents of such committee 
will— 
‘‘(I) receive notice of such poli-
cies; 
‘‘(II) be informed of the prohibi-
tions under section 319; and 
‘‘(III) sign a certification affirm-
ing their understanding of such poli-
cies and prohibitions. 
‘‘(B) AUTHORIZED
COMMITTEES.—With 
respect to an authorized committee, the can-
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
189 
didate shall make the certification required 
under subparagraph (A).’’. 
(b) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall apply with respect to political 
committees which file a statement of organization 
under section 303(a) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30103(a)) on or after 
the date of the enactment of this Act. 
(2) TRANSITION RULE FOR EXISTING COMMIT-
TEES.—Not later than 30 days after the date of the 
enactment of this Act, each political committee 
under the Federal Election Campaign Act of 1971 
shall file a certification with the Federal Election 
Commission that the committee is in compliance 
with the requirements of section 302(j) of such Act 
(as added by subsection (a)). 
SEC. 1103. CRIMINAL PENALTIES. 
Section 309(d)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by add-
ing at the end the following new subparagraphs: 
‘‘(E) Any person who knowingly and will-
fully commits a violation of subsection (i) or 
(b)(9) of section 304 or section 302(j) shall be 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
190 
fined not more than $500,000, imprisoned not 
more than 5 years, or both. 
‘‘(F) Any person who knowingly and will-
fully conceals or destroys any materials relating 
to a reportable foreign contact (as defined in 
section 304(i)) shall be fined not more than 
$1,000,000, imprisoned not more than 5 years, 
or both.’’. 
SEC. 1104. REPORT TO CONGRESSIONAL INTELLIGENCE 
COMMITTEES. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, and annually thereafter, 
the Director of the Federal Bureau of Investigation shall 
submit to the congressional intelligence committees a re-
port relating to notifications received by the Federal Bu-
reau of Investigation under section 304(i)(1) of the Fed-
eral Election Campaign Act of 1971 (as added by section 
1101(a) of this Act). 
(b) ELEMENTS.—Each report under subsection (a) 
shall include, at a minimum, the following with respect 
to notifications described in subsection (a): 
(1) The number of such notifications received 
from political committees during the year covered by 
the report. 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
191 
(2) A description of protocols and procedures 
developed by the Federal Bureau of Investigation re-
lating to receipt and maintenance of records relating 
to such notifications. 
(3) With respect to such notifications received 
during the year covered by the report, a description 
of any subsequent actions taken by the Director re-
sulting from the receipt of such notifications. 
(c) CONGRESSIONAL INTELLIGENCE COMMITTEES 
DEFINED.—In this section, the term ‘‘congressional intel-
ligence committees’’ has the meaning given that term in 
section 3 of the National Security Act of 1947 (50 U.S.C. 
3003). 
SEC. 1105. RULE OF CONSTRUCTION. 
Nothing in this title or the amendments made by this 
title shall be construed— 
(1) to impede legitimate journalistic activities; 
or 
(2) to impose any additional limitation on the 
right to express political views or to participate in 
public discourse of any individual who— 
(A) resides in the United States; 
(B) is not a citizen of the United States or 
a national of the United States, as defined in 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
192 
section 101(a)(22) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(22)); and 
(C) is not lawfully admitted for permanent 
residence, as defined by section 101(a)(20) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(20)). 
TITLE 
XII—ELIMINATING 
FOR-
EIGN 
INTERFERENCE 
IN 
ELECTIONS 
SEC. 1201. CLARIFICATION OF APPLICATION OF FOREIGN 
MONEY BAN. 
(a) CLARIFICATION OF TREATMENT OF PROVISION 
OF CERTAIN INFORMATION AS CONTRIBUTION OR DONA-
TION OF A THING OF VALUE.—Section 319 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30121) is 
amended by adding at the end the following new sub-
section: 
‘‘(c) CLARIFICATION OF TREATMENT OF PROVISION 
OF CERTAIN INFORMATION AS CONTRIBUTION OR DONA-
TION OF A THING OF VALUE.—For purposes of this sec-
tion, a ‘contribution or donation of money or other thing 
of value’ includes the provision of opposition research, 
polling, or other non-public information relating to a can-
didate for election for a Federal, State, or local office for 
the purpose of influencing the election, regardless of 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
193 
whether such research, polling, or information has mone-
tary value, except that nothing in this subsection shall be 
construed to treat the mere provision of an opinion about 
a candidate as a thing of value for purposes of this sec-
tion.’’. 
(b) CLARIFICATION OF APPLICATION OF FOREIGN 
MONEY BAN TO ALL CONTRIBUTIONS AND DONATIONS 
OF THINGS OF VALUE AND TO ALL SOLICITATIONS OF 
CONTRIBUTIONS
AND
DONATIONS
OF
THINGS
OF 
VALUE.—Section 319(a) of such Act (52 U.S.C. 
30121(a)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘promise 
to make a contribution or donation’’ and inserting 
‘‘promise to make such a contribution or donation’’; 
(2) in paragraph (1)(B), by striking ‘‘donation’’ 
and inserting ‘‘donation of money or other thing of 
value, or to make an express or implied promise to 
make such a contribution or donation,’’; and 
(3) by amending paragraph (2) to read as fol-
lows: 
‘‘(2) a person to solicit, accept, or receive (di-
rectly or indirectly) a contribution or donation de-
scribed in subparagraph (A) or (B) of paragraph 
(1), or to solicit, accept, or receive (directly or indi-
rectly) an express or implied promise to make such 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
194 
a contribution or donation, from a foreign na-
tional.’’. 
(c) ENHANCED
PENALTY
FOR
CERTAIN
VIOLA-
TIONS.— 
(1) IN GENERAL.—Section 309(d)(1) of such 
Act (52 U.S.C. 30109(d)(1)), as amended by section 
1103, is further amended by adding at the end the 
following new subparagraph: 
‘‘(G)(i) Any person who knowingly and 
willfully commits a violation of section 319 
which involves a foreign national which is a 
government of a foreign country or a foreign 
political party, or which involves a thing of 
value consisting of the provision of opposition 
research, polling, or other non-public informa-
tion relating to a candidate for election for a 
Federal, State, or local office for the purpose of 
influencing the election, shall be fined under 
title 18, United States Code, or imprisoned for 
not more than 5 years, or both. 
‘‘(ii) In clause (i), each of the terms ‘gov-
ernment of a foreign country’ and ‘foreign polit-
ical party’ has the meaning given such term in 
section 1 of the Foreign Agents Registration 
Act of 1938, as Amended (22 U.S.C. 611).’’. 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
195 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to viola-
tions committed on or after the date of the enact-
ment of this Act. 
SEC. 1202. REQUIRING ACKNOWLEDGMENT OF FOREIGN 
MONEY BAN BY POLITICAL COMMITTEES. 
(a) PROVISION OF INFORMATION BY FEDERAL ELEC-
TION COMMISSION.—Section 303 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30103) is amended by 
adding at the end the following new subsection: 
‘‘(e) ACKNOWLEDGMENT
OF
FOREIGN
MONEY 
BAN.— 
‘‘(1) NOTIFICATION BY COMMISSION.—Not later 
than 30 days after a political committee files its 
statement of organization under subsection (a), and 
biennially thereafter until the committee terminates, 
the Commission shall provide the committee with a 
written explanation of section 319. 
‘‘(2) ACKNOWLEDGMENT BY COMMITTEE.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after receiving the written explanation of 
section 319 under paragraph (1), the committee 
shall transmit to the Commission a signed cer-
tification that the committee has received such 
written explanation and has provided a copy of 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
196 
the explanation to all members, employees, con-
tractors, and volunteers of the committee. 
‘‘(B) PERSON
RESPONSIBLE
FOR
SIGNA-
TURE.—The certification required under sub-
paragraph (A) shall be signed— 
‘‘(i) in the case of an authorized com-
mittee of a candidate, by the candidate; or 
‘‘(ii) in the case of any other political 
committee, by the treasurer of the com-
mittee.’’. 
(b) EFFECTIVE DATE; TRANSITION FOR EXISTING 
COMMITTEES.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall apply with respect to political 
committees which file statements of organization 
under section 303 of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30103) on or after the date 
of the enactment of this Act. 
(2) TRANSITION FOR EXISTING COMMITTEES.— 
(A) NOTIFICATION BY FEDERAL ELECTION 
COMMISSION.—Not later than 90 days after the 
date of the enactment of this Act, the Federal 
Election Commission shall provide each political 
committee under such Act with the written ex-
planation of section 319 of such Act, as re-
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
197 
quired under section 303(e)(1) of such Act (as 
added by subsection (a)). 
(B) ACKNOWLEDGMENT BY COMMITTEE.— 
Not later than 30 days after receiving the writ-
ten explanation under subparagraph (A), each 
political committee under such Act shall trans-
mit to the Federal Election Commission the 
signed certification, as required under section 
303(e)(2) of such Act (as added by subsection 
(a)). 
SEC. 1203. PROHIBITION ON CONTRIBUTIONS AND DONA-
TIONS BY FOREIGN NATIONALS IN CONNEC-
TION 
WITH 
BALLOT 
INITIATIVES 
AND 
REFERENDA. 
(a) IN GENERAL.—Section 319(a)(1)(A) of the Fed-
eral Election Campaign Act of 1971 (52 U.S.C. 
30121(a)(1)(A)) is amended by striking ‘‘State, or local 
election’’ and inserting the following: ‘‘State, or local elec-
tion, including a State or local ballot initiative or ref-
erendum’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to elections held in 
2024 or any succeeding year. 
VerDate Sep 11 2014 
20:34 Aug 29, 2023
Jkt 039200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
198 
TITLE XIII—HONEST ADS 
SEC. 1301. SHORT TITLE. 
This title may be cited as the ‘‘Honest Ads Act’’. 
SEC. 1302. PURPOSE. 
The purpose of this title is to enhance the integrity 
of American democracy and national security by improving 
disclosure requirements for online political advertisements 
in order to uphold the Supreme Court’s well-established 
standard that the electorate bears the right to be fully in-
formed. 
SEC. 1303. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the dramatic increase in digital political ad-
vertisements, and the growing centrality of online 
platforms in the lives of Americans, requires the 
Congress and the Federal Election Commission to 
take meaningful action to ensure that laws and reg-
ulations provide the accountability and transparency 
that is fundamental to our democracy; 
(2) free and fair elections require both trans-
parency and accountability which give the public a 
right to know the true sources of funding for polit-
ical advertisements, be they foreign or domestic, in 
order to make informed political choices and hold 
elected officials accountable; and 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
199 
(3) transparency of funding for political adver-
tisements is essential to enforce other campaign fi-
nance laws, including the prohibition on campaign 
spending by foreign nationals. 
SEC. 1304. EXPANSION OF DEFINITION OF PUBLIC COMMU-
NICATION. 
(a) IN GENERAL.—Paragraph (22) of section 301 of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 
30101(22)) is amended by striking ‘‘or satellite commu-
nication’’ and inserting ‘‘satellite, paid internet, or paid 
digital communication’’. 
(b) TREATMENT OF CONTRIBUTIONS AND EXPENDI-
TURES.—Section 301 of such Act (52 U.S.C. 30101) is 
amended— 
(1) in paragraph (8)(B)(v), by striking ‘‘on 
broadcasting stations, or in newspapers, magazines, 
or similar types of general public political adver-
tising’’ and inserting ‘‘in any public communica-
tion’’; and 
(2) in paragraph (9)(B)— 
(A) by amending clause (i) to read as fol-
lows: 
‘‘(i) any news story, commentary, or 
editorial distributed through the facilities 
of any broadcasting station or any print, 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
200 
online, or digital newspaper, magazine, 
publication, periodical, blog, or platform, 
unless such broadcasting, print, online, or 
digital facilities are owned or controlled by 
any political party, political committee, or 
candidate;’’; and 
(B) in clause (iv), by striking ‘‘on broad-
casting stations, or in newspapers, magazines, 
or similar types of general public political ad-
vertising’’ and inserting ‘‘in any public commu-
nication’’. 
(c) DISCLOSURE AND DISCLAIMER STATEMENTS.— 
Subsection (a) of section 318 of such Act (52 U.S.C. 
30120) is amended— 
(1) by striking ‘‘financing any communication 
through any broadcasting station, newspaper, maga-
zine, outdoor advertising facility, mailing, or any 
other type of general public political advertising’’ 
and inserting ‘‘financing any public communication’’; 
and 
(2) by striking ‘‘solicits any contribution 
through any broadcasting station, newspaper, maga-
zine, outdoor advertising facility, mailing, or any 
other type of general public political advertising’’ 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
201 
and inserting ‘‘solicits any contribution through any 
public communication’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall take effect without regard to whether 
or not the Federal Election Commission has promulgated 
the final regulations necessary to carry out this part and 
the amendments made by this part by the deadline set 
forth in subsection (e). 
(e) REGULATION.—Not later than 1 year after the 
date of the enactment of this Act, the Federal Election 
Commission shall promulgate regulations on what con-
stitutes a paid internet or paid digital communication for 
purposes of paragraph (22) of section 301 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101(22)), 
as amended by subsection (a), except that such regulation 
shall not define a paid internet or paid digital communica-
tion to include communications for which the only pay-
ment consists of internal resources, such as employee com-
pensation, of the entity paying for the communication. 
SEC. 1305. EXPANSION OF DEFINITION OF ELECTION-
EERING COMMUNICATION. 
(a) EXPANSION TO ONLINE COMMUNICATIONS.— 
(1) APPLICATION TO QUALIFIED INTERNET AND 
DIGITAL COMMUNICATIONS.— 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
202 
(A) IN
GENERAL.—Subparagraph (A) of 
section 304(f)(3) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) 
is amended by striking ‘‘or satellite communica-
tion’’ each place it appears in clauses (i) and 
(ii) and inserting ‘‘satellite, or qualified internet 
or digital communication’’. 
(B) QUALIFIED
INTERNET
OR
DIGITAL 
COMMUNICATION.—Paragraph (3) of section 
304(f) of such Act (52 U.S.C. 30104(f)) is 
amended by adding at the end the following 
new subparagraph: 
‘‘(D) QUALIFIED
INTERNET
OR
DIGITAL 
COMMUNICATION.—The term ‘qualified internet 
or digital communication’ means any commu-
nication which is placed or promoted for a fee 
on an online platform (as defined in subsection 
(j)(3)).’’. 
(2) NONAPPLICATION
OF
RELEVANT
ELEC-
TORATE
TO
ONLINE
COMMUNICATIONS.—Section 
304(f)(3)(A)(i)(III) 
of 
such 
Act 
(52 
U.S.C. 
30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any 
broadcast, cable, or satellite’’ before ‘‘communica-
tion’’. 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
203 
(3) 
NEWS
EXEMPTION.—Section 
304(f)(3)(B)(i) 
of 
such 
Act 
(52 
U.S.C. 
30104(f)(3)(B)(i)) is amended to read as follows: 
‘‘(i) a communication appearing in a 
news story, commentary, or editorial dis-
tributed through the facilities of any 
broadcasting station or any online or dig-
ital newspaper, magazine, publication, peri-
odical, blog, or platform, unless such 
broadcasting, online, or digital facilities are 
owned or controlled by any political party, 
political committee, or candidate;’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to communications 
made on or after January 1, 2024, and shall take effect 
without regard to whether or not the Federal Election 
Commission has promulgated regulations to carry out 
such amendments. 
SEC. 1306. APPLICATION OF DISCLAIMER STATEMENTS TO 
ONLINE COMMUNICATIONS. 
(a) CLEAR AND CONSPICUOUS MANNER REQUIRE-
MENT.—Subsection (a) of section 318 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30120(a)) is 
amended— 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
204 
(1) by striking ‘‘shall clearly state’’ each place 
it appears in paragraphs (1), (2), and (3) and in-
serting ‘‘shall state in a clear and conspicuous man-
ner’’; and 
(2) by adding at the end the following flush 
sentence: ‘‘For purposes of this section, a commu-
nication does not make a statement in a clear and 
conspicuous manner if it is difficult to read or hear 
or if the placement is easily overlooked.’’. 
(b) SPECIAL RULES FOR QUALIFIED INTERNET OR 
DIGITAL COMMUNICATIONS.— 
(1) IN GENERAL.—Section 318 of such Act (52 
U.S.C. 30120) is amended by adding at the end the 
following new subsection: 
‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR 
DIGITAL COMMUNICATIONS.— 
‘‘(1) SPECIAL RULES WITH RESPECT TO STATE-
MENTS.—In the case of any qualified internet or 
digital 
communication 
(as 
defined 
in 
section 
304(f)(3)(D)) which is disseminated through a me-
dium in which the provision of all of the information 
specified in this section is not possible, the commu-
nication shall, in a clear and conspicuous manner— 
‘‘(A) state the name of the person who 
paid for the communication; and 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
205 
‘‘(B) provide a means for the recipient of 
the communication to obtain the remainder of 
the information required under this section with 
minimal effort and without receiving or viewing 
any additional material other than such re-
quired information. 
‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR 
AND CONSPICUOUS MANNER.—A statement in quali-
fied internet or digital communication (as defined in 
section 304(f)(3)(D)) shall be considered to be made 
in a clear and conspicuous manner as provided in 
subsection (a) if the communication meets the fol-
lowing requirements: 
‘‘(A) TEXT
OR
GRAPHIC
COMMUNICA-
TIONS.—In the case of a text or graphic com-
munication, the statement— 
‘‘(i) appears in letters at least as large 
as the majority of the text in the commu-
nication; and 
‘‘(ii) meets the requirements of para-
graphs (2) and (3) of subsection (c). 
‘‘(B) AUDIO
COMMUNICATIONS.—In the 
case of an audio communication, the statement 
is spoken in a clearly audible and intelligible 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
206 
manner at the beginning or end of the commu-
nication and lasts at least 3 seconds. 
‘‘(C) VIDEO
COMMUNICATIONS.—In the 
case of a video communication which also in-
cludes audio, the statement— 
‘‘(i) is included at either the beginning 
or the end of the communication; and 
‘‘(ii) is made both in— 
‘‘(I) a written format that meets 
the requirements of subparagraph (A) 
and appears for at least 4 seconds; 
and 
‘‘(II) an audible format that 
meets the requirements of subpara-
graph (B). 
‘‘(D) OTHER
COMMUNICATIONS.—In the 
case of any other type of communication, the 
statement is at least as clear and conspicuous 
as the statement specified in subparagraph (A), 
(B), or (C).’’. 
(2) NONAPPLICATION
OF
CERTAIN
EXCEP-
TIONS.—The 
exceptions 
provided 
in 
section 
110.11(f)(1)(i) and (ii) of title 11, Code of Federal 
Regulations, or any successor to such rules, shall 
have no application to qualified internet or digital 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
207 
communications (as defined in section 304(f)(3)(D) 
of the Federal Election Campaign Act of 1971). 
(c) MODIFICATION OF ADDITIONAL REQUIREMENTS 
FOR CERTAIN COMMUNICATIONS.—Section 318(d) of such 
Act (52 U.S.C. 30120(d)) is amended— 
(1) in paragraph (1)(A)— 
(A) by striking ‘‘which is transmitted 
through radio’’ and inserting ‘‘which is in an 
audio format’’; and 
(B) by striking ‘‘BY RADIO’’ in the heading 
and inserting ‘‘AUDIO FORMAT’’; 
(2) in paragraph (1)(B)— 
(A) by striking ‘‘which is transmitted 
through television’’ and inserting ‘‘which is in 
video format’’; and 
(B) by striking ‘‘BY TELEVISION’’ in the 
heading and inserting ‘‘VIDEO FORMAT’’; and 
(3) in paragraph (2)— 
(A) by striking ‘‘transmitted through radio 
or television’’ and inserting ‘‘made in audio or 
video format’’; and 
(B) by striking ‘‘through television’’ in the 
second sentence and inserting ‘‘in video for-
mat’’. 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
208 
(d) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall take effect without regard to 
whether or not the Federal Election Commission has pro-
mulgated regulations to carry out such amendments. 
SEC. 1307. POLITICAL RECORD REQUIREMENTS FOR ON-
LINE PLATFORMS. 
(a) IN GENERAL.—Section 304 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30104), as amend-
ed by sections 309 and 1101, is amended by adding at 
the end the following new subsection: 
‘‘(j) DISCLOSURE OF CERTAIN ONLINE ADVERTISE-
MENTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) REQUIREMENTS FOR ONLINE PLAT-
FORMS.— 
‘‘(i) IN
GENERAL.—An online plat-
form shall maintain, and make available 
for online public inspection in machine 
readable format, a complete record of any 
qualified political advertisement which is 
purchased by a person whose aggregate 
purchases of qualified political advertise-
ments on such online platform during the 
calendar year exceeds $500. 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00208
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
209 
‘‘(ii) REQUIREMENT RELATING TO PO-
LITICAL ADS SOLD BY THIRD-PARTY AD-
VERTISING VENDORS.—An online platform 
that displays a qualified political advertise-
ment sold by a third-party advertising ven-
dor shall include on its own platform— 
‘‘(I) an easily accessible and 
identifiable link to the records main-
tained by the third-party advertising 
vendor under clause (i) regarding 
such qualified political advertisement; 
or 
‘‘(II) in any case in which the 
third-party advertising vendor does 
not make such records available, a 
statement that no records from the 
third-party 
advertising 
vendors 
records are available. 
‘‘(B) 
REQUIREMENTS
FOR
ADVER-
TISERS.—Any person who purchases a qualified 
political advertisement on an online platform 
shall provide the online platform with such in-
formation as is necessary for the online plat-
form to comply with the requirements of sub-
paragraph (A). 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00209
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
210 
‘‘(2) CONTENTS OF RECORD.—A record main-
tained under paragraph (1)(A) shall contain— 
‘‘(A) a digital copy of the qualified political 
advertisement; 
‘‘(B) a description of the audience that re-
ceived the advertisement, the number of views 
generated from the advertisement, and the date 
and time that the advertisement is first dis-
played and last displayed; and 
‘‘(C) information regarding— 
‘‘(i) the total cost of the advertise-
ment (which may be rounded to the near-
est $100); 
‘‘(ii) the name of the candidate to 
which the advertisement refers and the of-
fice to which the candidate is seeking elec-
tion, the election to which the advertise-
ment refers, or the national legislative 
issue to which the advertisement refers (as 
applicable); 
‘‘(iii) in the case of a request made 
by, or on behalf of, a candidate, the name 
of the candidate, the authorized committee 
of the candidate, and the treasurer of such 
committee; and 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
211 
‘‘(iv) in the case of any request not 
described in clause (iii), the name of the 
person purchasing the advertisement, the 
name and address of a contact person for 
such person, and a list of the chief execu-
tive officers or members of the executive 
committee or of the board of directors of 
such person. 
‘‘(3) ONLINE PLATFORM.— 
‘‘(A) IN GENERAL.—For purposes of this 
subsection, subject to subparagraph (B), the 
term ‘online platform’ means any public-facing 
website, web application, or digital application 
(including a social network, ad network, or 
search engine) which— 
‘‘(i)(I) sells qualified political adver-
tisements; and 
‘‘(II) has 50,000,000 or more unique 
monthly United States visitors or users for 
a majority of months during the preceding 
12 months; or 
‘‘(ii) is a third-party advertising ven-
dor that has 50,000,000 or more unique 
monthly United States visitors in the ag-
gregate on any advertisement space that it 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
212 
has sold or bought for a majority of 
months during the preceding 12 months, 
as measured by an independent digital rat-
ings service accredited by the Media Rat-
ings Council (or its successor). 
‘‘(B) EXEMPTION.—Such term shall not 
include any online platform that is a distribu-
tion facility of any broadcasting station or 
newspaper, magazine, blog, publication, or peri-
odical. 
‘‘(C) THIRD-PARTY ADVERTISING VENDOR 
DEFINED.—For purposes of this subsection, the 
term ‘third-party advertising vendor’ includes 
any third-party advertising vendor network, ad-
vertising agency, advertiser, or third-party ad-
vertisement serving company that buys and 
sells advertisement space on behalf of unaffili-
ated third-party websites, search engines, dig-
ital applications, or social media sites. 
‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.— 
For purposes of this subsection, the term ‘qualified 
political advertisement’ means any advertisement 
(including search engine marketing, display adver-
tisements, video advertisements, native advertise-
ments, and sponsorships) that— 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
213 
‘‘(A) is made by or on behalf of a can-
didate; or 
‘‘(B) communicates a message relating to 
any political matter of national importance, in-
cluding— 
‘‘(i) a candidate; 
‘‘(ii) any election to Federal office; or 
‘‘(iii) a national legislative issue of 
public importance. 
‘‘(5) TIME TO MAINTAIN FILE.—The informa-
tion required under this subsection shall be made 
available as soon as possible and shall be retained by 
the online platform for a period of not less than 4 
years. 
‘‘(6) SPECIAL RULE.—For purposes of this sub-
section, multiple versions of an advertisement that 
contain no material differences (such as versions 
that differ only because they contain a recipient’s 
name, or differ only in size, color, font, or layout) 
may be treated as a single qualified political adver-
tisement. 
‘‘(7) PENALTIES.—For penalties for failure by 
online platforms, and persons requesting to purchase 
a qualified political advertisement on online plat-
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
214 
forms, to comply with the requirements of this sub-
section, see section 309.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall take effect without regard to whether 
or not the Federal Election Commission has promulgated 
the final regulations necessary to carry out this part and 
the amendments made by this part by the deadline set 
forth in subsection (c). 
(c) RULEMAKING.—Not later than 120 days after the 
date of the enactment of this Act, the Federal Election 
Commission shall establish rules— 
(1) for determining whether an advertisement 
communicates a national legislative issue for pur-
poses of section 304(j) of the Federal Election Cam-
paign Act of 1971 (as added by subsection (a)); 
(2) requiring common data formats for the 
record required to be maintained under such section 
304(j) so that all online platforms submit and main-
tain data online in a common, machine-readable and 
publicly accessible format; and 
(3) establishing search interface requirements 
relating to such record, including searches by can-
didate name, issue, purchaser, and date. 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
215 
(d) REPORTING.—Not later than 2 years after the 
date of the enactment of this Act, and biannually there-
after, the Chairman of the Federal Election Commission 
shall submit a report to Congress on— 
(1) matters relating to compliance with and the 
enforcement of the requirements of section 304(j) of 
the Federal Election Campaign Act of 1971, as 
added by subsection (a); 
(2) recommendations for any modifications to 
such section to assist in carrying out its purposes; 
and 
(3) identifying ways to bring transparency and 
accountability to political advertisements distributed 
online for free. 
SEC. 1308. PREVENTING CONTRIBUTIONS, EXPENDITURES, 
INDEPENDENT 
EXPENDITURES, 
AND 
DIS-
BURSEMENTS FOR ELECTIONEERING COM-
MUNICATIONS BY FOREIGN NATIONALS IN 
THE FORM OF ONLINE ADVERTISING. 
Section 319 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30121), as amended by section 1201, 
is amended by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively, and by inserting after 
subsection (a) the following new subsection: 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS
216 
‘‘(b) RESPONSIBILITIES OF BROADCAST STATIONS, 
PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND 
ONLINE PLATFORMS.— 
‘‘(1) IN
GENERAL.—Each television or radio 
broadcast station, provider of cable or satellite tele-
vision, or online platform (as defined in section 
304(j)(3)) shall make reasonable efforts to ensure 
that communications described in section 318(a) and 
made available by such station, provider, or platform 
are not purchased by a foreign national, directly or 
indirectly. 
‘‘(2) REGULATIONS.—Not later than 1 year 
after the date of the enactment of this subsection, 
the Commission shall promulgate regulations on 
what constitutes reasonable efforts under paragraph 
(1).’’. 
SEC. 1309. REQUIRING ONLINE PLATFORMS TO DISPLAY 
NOTICES IDENTIFYING SPONSORS OF POLIT-
ICAL ADVERTISEMENTS AND TO ENSURE NO-
TICES CONTINUE TO BE PRESENT WHEN AD-
VERTISEMENTS ARE SHARED. 
(a) IN GENERAL.—Section 304 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30104), as amend-
ed by sections 309, 1101, and 1307(a), is amended by 
adding at the end the following new subsection: 
VerDate Sep 11 2014 
01:58 Aug 18, 2023
Jkt 039200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6201
E:\BILLS\H5048.IH
H5048
tkelley on DSK125TN23PROD with BILLS