420 
‘‘(1) REPORTING.—Each political committee 
shall establish a policy that requires all officials, em-
ployees, and agents of such committee (and, in the 
case of an authorized committee, the candidate and 
each immediate family member of the candidate) to 
notify the treasurer or other appropriate designated 
official of the committee of any reportable foreign 
contact (as defined in section 304(j)) 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 
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); 
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‘‘(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-
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-
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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. 4004. 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 willfully com-
mits a violation of subsection (j) or (b)(9) of section 304 
or section 302(j) shall be fined not more than $500,000, 
imprisoned not more than 5 years, or both. 
‘‘(F) Any person who knowingly and willfully conceals 
or destroys any materials relating to a reportable foreign 
contact (as defined in section 304(j)) shall be fined not 
more than $1,000,000, imprisoned not more than 5 years, 
or both.’’. 
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SEC. 4005. 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(j)(1) of the Fed-
eral Election Campaign Act of 1971 (as added by section 
4002(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. 
(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-
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424 
ligence committees’’ has the meaning given that term in 
section 3 of the National Security Act of 1947 (50 U.S.C. 
3003). 
SEC. 4006. RULE OF CONSTRUCTION. 
Nothing in this subtitle or the amendments made by 
this subtitle 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 
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)). 
Subtitle B—DISCLOSE Act 
SEC. 4100. SHORT TITLE. 
This subtitle may be cited as the ‘‘Democracy Is 
Strengthened by Casting Light On Spending in Elections 
Act of 2021’’ or the ‘‘DISCLOSE Act of 2021’’. 
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PART 
1—CLOSING 
LOOPHOLES 
ALLOWING 
SPENDING BY FOREIGN NATIONALS IN ELEC-
TIONS 
SEC. 4101. CLARIFICATION OF PROHIBITION ON PARTICI-
PATION BY FOREIGN NATIONALS IN ELEC-
TION-RELATED ACTIVITIES. 
(a) 
CLARIFICATION
OF
PROHIBITION.—Section 
319(a) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30121(a)) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) a foreign national to direct, dictate, con-
trol, or directly or indirectly participate in the deci-
sion making process of any person (including a cor-
poration, labor organization, political committee, or 
political organization) with regard to such person’s 
Federal or non-Federal election-related activity, in-
cluding any decision concerning the making of con-
tributions, donations, expenditures, or disbursements 
in connection with an election for any Federal, 
State, or local office or any decision concerning the 
administration of a political committee.’’. 
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(b) CERTIFICATION OF COMPLIANCE.—Section 319 
of such Act (52 U.S.C. 30121) is amended by adding at 
the end the following new subsection: 
‘‘(c) CERTIFICATION
OF COMPLIANCE REQUIRED 
PRIOR TO CARRYING OUT ACTIVITY.—Prior to the mak-
ing in connection with an election for Federal office of any 
contribution, donation, expenditure, independent expendi-
ture, or disbursement for an electioneering communication 
by a corporation, labor organization (as defined in section 
316(b)), limited liability corporation, or partnership dur-
ing a year, the chief executive officer of the corporation, 
labor organization, limited liability corporation, or part-
nership (or, if the corporation, labor organization, limited 
liability corporation, or partnership does not have a chief 
executive officer, the highest ranking official of the cor-
poration, labor organization, limited liability corporation, 
or partnership), shall file a certification with the Commis-
sion, under penalty of perjury, that a foreign national did 
not direct, dictate, control, or directly or indirectly partici-
pate in the decision making process relating to such activ-
ity in violation of subsection (a)(3), unless the chief execu-
tive officer has previously filed such a certification during 
that calendar year.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect upon the expiration of the 
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180-day period which begins 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 
regulations to carry out such amendments. 
SEC. 4102. CLARIFICATION OF APPLICATION OF FOREIGN 
MONEY BAN TO CERTAIN DISBURSEMENTS 
AND ACTIVITIES. 
(a) APPLICATION
TO DISBURSEMENTS
TO SUPER 
PACS AND OTHER PERSONS.—Section 319(a)(1)(A) of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121(a)(1)(A)) is amended by striking the semicolon and 
inserting the following: ‘‘, including any disbursement to 
a political committee which accepts donations or contribu-
tions that do not comply with any of the limitations, prohi-
bitions, and reporting requirements of this Act (or any dis-
bursement to or on behalf of any account of a political 
committee which is established for the purpose of accept-
ing such donations or contributions), or to any other per-
son for the purpose of funding an expenditure, inde-
pendent expenditure, or electioneering communication (as 
defined in section 304(f)(3));’’. 
(b) CONDITIONS UNDER WHICH CORPORATE PACS 
MAY MAKE CONTRIBUTIONS AND EXPENDITURES.—Sec-
tion 316(b) of such Act (52 U.S.C. 30118(b)) is amended 
by adding at the end the following new paragraph: 
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‘‘(8) A separate segregated fund established by a cor-
poration may not make a contribution or expenditure dur-
ing a year unless the fund has certified to the Commission 
the following during the year: 
‘‘(A) Each individual who manages the fund, 
and who is responsible for exercising decisionmaking 
authority for the fund, is a citizen of the United 
States or is lawfully admitted for permanent resi-
dence in the United States. 
‘‘(B) No foreign national under section 319 
participates in any way in the decisionmaking proc-
esses of the fund with regard to contributions or ex-
penditures under this Act. 
‘‘(C) The fund does not solicit or accept rec-
ommendations from any foreign national under sec-
tion 319 with respect to the contributions or expend-
itures made by the fund. 
‘‘(D) Any member of the board of directors of 
the corporation who is a foreign national under sec-
tion 319 abstains from voting on matters concerning 
the fund or its activities.’’. 
SEC. 4103. AUDIT AND REPORT ON ILLICIT FOREIGN 
MONEY IN FEDERAL ELECTIONS. 
(a) IN GENERAL.—Title III of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101 et seq.), as 
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amended by section 1821, is further amended by inserting 
after section 319A the following new section: 
‘‘SEC. 319B. AUDIT AND REPORT ON DISBURSEMENTS BY 
FOREIGN NATIONALS. 
‘‘(a) AUDIT.— 
‘‘(1) IN GENERAL.—The Commission shall con-
duct an audit after each Federal election cycle to de-
termine the incidence of illicit foreign money in such 
Federal election cycle. 
‘‘(2) PROCEDURES.—In carrying out paragraph 
(1), the Commission shall conduct random audits of 
any disbursements required to be reported under 
this Act, in accordance with procedures established 
by the Commission. 
‘‘(b) REPORT.—Not later than 180 days after the end 
of each Federal election cycle, the Commission shall sub-
mit to Congress a report containing— 
‘‘(1) results of the audit required by subsection 
(a)(1); 
‘‘(2) an analysis of the extent to which illicit 
foreign money was used to carry out disinformation 
and propaganda campaigns focused on depressing 
turnout among rural communities and the success or 
failure of these efforts, together with recommenda-
tions to address these efforts in future elections; 
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‘‘(3) an analysis of the extent to which illicit 
foreign money was used to carry out disinformation 
and propaganda campaigns focused on depressing 
turnout among African-American and other minority 
communities and the success or failure of these ef-
forts, together with recommendations to address 
these efforts in future elections; 
‘‘(4) an analysis of the extent to which illicit 
foreign money was used to carry out disinformation 
and propaganda campaigns focused on influencing 
military and veteran communities and the success or 
failure of these efforts, together with recommenda-
tions to address these efforts in future elections; and 
‘‘(5) recommendations to address the presence 
of illicit foreign money in elections, as appropriate. 
‘‘(c) DEFINITIONS.—As used in this section: 
‘‘(1) The term ‘Federal election cycle’ means 
the period which begins on the day after the date of 
a regularly scheduled general election for Federal of-
fice and which ends on the date of the first regularly 
scheduled general election for Federal office held 
after such date. 
‘‘(2) The term ‘illicit foreign money’ means any 
disbursement by a foreign national (as defined in 
section 319(b)) prohibited under such section.’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to the Federal elec-
tion cycle that began during November 2020, and each 
succeeding Federal election cycle. 
SEC. 4104. PROHIBITION ON CONTRIBUTIONS AND DONA-
TIONS BY FOREIGN NATIONALS IN CONNEC-
TIONS 
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 
2022 or any succeeding year. 
SEC. 4105. DISBURSEMENTS AND ACTIVITIES SUBJECT TO 
FOREIGN MONEY BAN. 
(a) 
DISBURSEMENTS
DESCRIBED.—Section 
319(a)(1) of the Federal Election Campaign Act of 1971 
(52 U.S.C. 30121(a)(1)) is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(B); and 
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(2) by striking subparagraph (C) and inserting 
the following: 
‘‘(C) an expenditure; 
‘‘(D) an independent expenditure; 
‘‘(E) a disbursement for an electioneering 
communication (within the meaning of section 
304(f)(3)); 
‘‘(F) a disbursement for a communication 
which is placed or promoted for a fee on a 
website, web application, or digital application 
that refers to a clearly identified candidate for 
election for Federal office and is disseminated 
within 60 days before a general, special, or run-
off election for the office sought by the can-
didate or 30 days before a primary or pref-
erence election, or a convention or caucus of a 
political party that has authority to nominate a 
candidate for the office sought by the can-
didate; 
‘‘(G) a disbursement for a broadcast, cable 
or satellite communication, or for a communica-
tion which is placed or promoted for a fee on 
a website, web application, or digital applica-
tion, that promotes, supports, attacks, or op-
poses the election of a clearly identified can-
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didate for Federal, State, or local office (re-
gardless of whether the communication contains 
express advocacy or the functional equivalent of 
express advocacy); 
‘‘(H) a disbursement for a broadcast, 
cable, or satellite communication, or for any 
communication which is placed or promoted for 
a fee on an online platform (as defined in sec-
tion 304(k)(3)), that discusses a national legis-
lative issue of public importance in a year in 
which a regularly scheduled general election for 
Federal office is held, but only if the disburse-
ment is made by a covered foreign national de-
scribed in section 304(j)(3)(C); 
‘‘(I) a disbursement by a covered foreign 
national described in section 304(j)(3)(C) to 
compensate any person for internet activity that 
promotes, supports, attacks, or opposes the 
election of a clearly identified candidate for 
Federal, State, or local office (regardless of 
whether the activity contains express advocacy 
or the functional equivalent of express advo-
cacy); and 
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‘‘(J) a disbursement for a Federal judicial 
nomination communication (as defined in sec-
tion 324(d)(2)).’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to disbursements 
made on or after the date of the enactment of this Act. 
SEC. 4106. PROHIBITING ESTABLISHMENT OF CORPORA-
TION TO CONCEAL ELECTION CONTRIBU-
TIONS AND DONATIONS BY FOREIGN NATION-
ALS. 
(a) PROHIBITION.—Chapter 29 of title 18, United 
States Code, as amended by section 1071(a) and section 
1201(a), is amended by adding at the end the following: 
‘‘§ 614. Establishment of corporation to conceal elec-
tion contributions and donations by for-
eign nationals 
‘‘(a) OFFENSE.—It shall be unlawful for an owner, 
officer, attorney, or incorporation agent of a corporation, 
company, or other entity to establish or use the corpora-
tion, company, or other entity with the intent to conceal 
an activity of a foreign national (as defined in section 319 
of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121)) prohibited under such section 319. 
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‘‘(b) PENALTY.—Any person who violates subsection 
(a) shall be imprisoned for not more than 5 years, fined 
under this title, or both.’’. 
(b) TABLE OF SECTIONS.—The table of sections for 
chapter 29 of title 18, United States Code, as amended 
by section 1071(b) and section 1201(b), is amended by 
inserting after the item relating to section 613 the fol-
lowing: 
‘‘614. Establishment of corporation to conceal election contributions and dona-
tions by foreign nationals.’’. 
PART 2—REPORTING OF CAMPAIGN-RELATED 
DISBURSEMENTS 
SEC. 4111. REPORTING OF CAMPAIGN-RELATED DISBURSE-
MENTS. 
(a) DISCLOSURE REQUIREMENTS
FOR CORPORA-
TIONS, LABOR ORGANIZATIONS, AND CERTAIN OTHER 
ENTITIES.— 
(1) IN GENERAL.—Section 324 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30126) 
is amended to read as follows: 
‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE-
MENTS BY COVERED ORGANIZATIONS. 
‘‘(a) DISCLOSURE STATEMENT.— 
‘‘(1) IN GENERAL.—Any covered organization 
that makes campaign-related disbursements aggre-
gating more than $10,000 in an election reporting 
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cycle shall, not later than 24 hours after each disclo-
sure date, file a statement with the Commission 
made under penalty of perjury that contains the in-
formation described in paragraph (2)— 
‘‘(A) in the case of the first statement filed 
under this subsection, for the period beginning 
on the first day of the election reporting cycle 
(or, if earlier, the period beginning one year be-
fore the first such disclosure date) and ending 
on the first such disclosure date; and 
‘‘(B) in the case of any subsequent state-
ment filed under this subsection, for the period 
beginning on the previous disclosure date and 
ending on such disclosure date. 
‘‘(2) INFORMATION DESCRIBED.—The informa-
tion described in this paragraph is as follows: 
‘‘(A) The name of the covered organization 
and the principal place of business of such or-
ganization and, in the case of a covered organi-
zation that is a corporation (other than a busi-
ness concern that is an issuer of a class of secu-
rities registered under section 12 of the Securi-
ties Exchange Act of 1934 (15 U.S.C. 78l) or 
that is required to file reports under section 
15(d) of that Act (15 U.S.C. 78o(d))) or an en-
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tity described in subsection (e)(2), a list of the 
beneficial owners (as defined in paragraph 
(4)(A)) of the entity that— 
‘‘(i) identifies each beneficial owner by 
name and current residential or business 
street address; and 
‘‘(ii) if any beneficial owner exercises 
control over the entity through another 
legal entity, such as a corporation, partner-
ship, limited liability company, or trust, 
identifies each such other legal entity and 
each such beneficial owner who will use 
that other entity to exercise control over 
the entity. 
‘‘(B) The amount of each campaign-related 
disbursement made by such organization during 
the period covered by the statement of more 
than $1,000, and the name and address of the 
person to whom the disbursement was made. 
‘‘(C) In the case of a campaign-related dis-
bursement that is not a covered transfer, the 
election to which the campaign-related disburse-
ment pertains and if the disbursement is made 
for a public communication, the name of any 
candidate identified in such communication and 
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