‘‘(E) INJURY IN FACT.—If a court finds 
that the defendant violated this section, the 
court shall find that such violation constitutes 
a concrete and particularized injury in fact to 
the plaintiff. 
‘‘(F) 
TREATMENT
OF
MANDATORY 
PREDISPUTE
ARBITRATION
AGREEMENTS
AND 
PREDISPUTE
JOINT
ACTION
WAIVERS.—Any 
agreement to arbitrate an alleged dispute of 
this subsection that has not yet arisen at the 
time of making the agreement or any agree-
ment that would otherwise prohibit, or waive 
the right of, one of the parties to the agreement 
to participate in a joint, class, or collection ac-
tion in federal court, concerning a dispute due 
to an alleged violation of this subsection that 
has not yet arisen at the time of making the 
agreement shall be deemed invalid and unen-
forceable for purposes of civil action arising out 
of an alleged violation of this subsection, not-
withstanding any other provision of law. 
‘‘(b) MAINTENANCE OF RECORDS OF QUALIFIED PO-
LITICAL ADVERTISEMENTS.— 
‘‘(1) IN GENERAL.— 
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‘‘(A) REQUIREMENTS FOR ONLINE PLAT-
FORMS AND COVERED INTERMEDIARIES.— 
‘‘(i) RECORDS OF REQUESTS TO PUR-
CHASE ADVERTISEMENTS.—A covered on-
line platform and a covered intermediary 
shall maintain, and make available for on-
line public inspection in a machine read-
able format which is searchable on the 
basis of any of the information described 
in paragraph (2), a complete record of any 
request to purchase on such platform (or, 
in the case of a covered intermediary, of 
any request to purchase an arrangement 
for the dissemination by the intermediary 
of) a qualified political advertisement 
which is made by a person the value of 
whose aggregate requests to purchase 
qualified political advertisements on such 
online platform or to purchase arrange-
ments for the dissemination of qualified 
political advertisements by the inter-
mediary (as the case may be) during the 
calendar year exceeds $500. 
‘‘(ii) ASSIGNMENT OF UNIQUE IDENTI-
FICATION
NUMBER.—The covered online 
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platform and the covered intermediary 
shall assign a unique identification number 
to each person described in clause (i), and 
shall use that same number with respect to 
all information relating to such person 
which is included in the record the plat-
form or intermediary maintains and makes 
available under this subsection. If the per-
son is a candidate, the platform or inter-
mediary shall assign to the person the 
same identification number assigned to the 
person by the Commission for purposes of 
filing reports under this Act. 
‘‘(B) 
REQUIREMENTS
FOR
ADVER-
TISERS.— 
‘‘(i) PROVISION
OF
INFORMATION.— 
Any person who requests to purchase a 
qualified political advertisement on a cov-
ered online platform, or who requests to 
purchase an arrangement for the dissemi-
nation of a qualified political advertisement 
by a covered intermediary, shall provide 
the online platform or intermediary with 
such information as is necessary for the 
online platform or intermediary to comply 
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with the requirements of subparagraph 
(A). 
‘‘(ii) 
ASSISTANCE
FROM
PLAT-
FORMS.—Each covered online platform and 
covered intermediary shall provide such as-
sistance as may be required to enable a 
person to provide the platform or inter-
mediary with the information required 
under clause (i). 
‘‘(2) CONTENTS OF RECORD.—A record main-
tained under paragraph (1)(A) shall contain— 
‘‘(A) the unique identification number as-
signed under such paragraph to the person 
making the request (and, if the person is a can-
didate, a statement that such number is the 
same identification number assigned to the per-
son by the Commission for purposes of filing re-
ports under this Act); 
‘‘(B) a digital copy of the qualified political 
advertisement; 
‘‘(C) a description of the advertisement’s 
targeted audience, including information on the 
audience’s age, gender, and geographic location; 
‘‘(D) a description of the advertisement’s 
audience as predicted by an algorithm, includ-
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ing information on the audience’s age, gender, 
geographic location, race, ethnicity, and polit-
ical affiliation, except that a covered online 
platform or a covered intermediary may exclude 
this information from the record maintained 
under paragraph (1)(A) with respect to an ad-
vertisement if the platform or intermediary does 
not, in the ordinary course of business, collect 
such information with respect to such an adver-
tisement; 
‘‘(E) a description of the advertisement’s 
actual audience as determined on the basis of 
data provided in an online platform user’s pro-
file, including information on the audience’s 
age, gender, geographic location, race, ethnicity, 
and political affiliation, except that a covered 
online platform or a covered intermediary may 
exclude this information from the record main-
tained under paragraph (1)(A) with respect to 
an advertisement if the platform or inter-
mediary does not, in the ordinary course of 
business, collect such information with respect 
to such an advertisement; 
‘‘(F) the number of views generated from 
the advertisement; 
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‘‘(G) the date and time that the advertise-
ment is first displayed and last displayed; and 
‘‘(H) information regarding— 
‘‘(i) the average rate charged for the 
advertisement; 
‘‘(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); and 
‘‘(iii) the amount such person budg-
eted for the purchase of the advertisement 
on the platform, as well as the amount 
such person paid for the purchase of the 
advertisement on the platform. 
‘‘(3) 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 covered online platform or covered intermediary 
for a period of not less than 4 years. 
‘‘(4) SAFE
HARBOR
FOR
PLATFORMS
AND 
INTERMEDIARIES MAKING BEST EFFORTS TO IDEN-
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‘‘(i) the individual or entity making 
such purchase is required, at the time of 
making such purchase, to disclose the cred-
it verification value of such credit card; 
and 
‘‘(ii) the billing address associated 
with such credit card is located in the 
United States or, in the case of a purchase 
made by an individual who is a United 
States citizen living outside of the United 
States, the individual provides the platform 
or intermediary with the United States 
mailing address the individual uses for 
voter registration purposes. 
‘‘(c) COVERED ONLINE PLATFORM DEFINED.—In 
this section, the term ‘covered online platform’ means any 
public facing website, web application, or digital applica-
tion (including a social network or search engine) which 
sells qualified political advertisements and has 50,000,000 
or more unique monthly United States visitors or users 
for a majority of months during the preceding 12 months, 
except that such term does not include a website or appli-
cation that displays qualified political advertisements sole-
ly pursuant to an arrangement entered into with a covered 
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pamtmann on DSKBC07HB2PROD with BILLS
intermediary between the website or application and the 
sponsor of the qualified political advertisement. 
‘‘(d) COVERED INTERMEDIARY DEFINED.—In this 
section, the term ‘covered intermediary’ means a digital 
advertising platform or advertising system (including an 
ad server, ad network, ad exchange, and any other adver-
tising technology intermediary) which participates in the 
delivery of 100,000,000 advertisements that can be viewed 
in the United States for a majority of months during the 
preceding 12 months. 
‘‘(e) QUALIFIED POLITICAL ADVERTISEMENT DE-
FINED.—In this section, the term ‘qualified political ad-
vertisement’ means any advertisement (including search 
engine marketing, display advertisements, video advertise-
ments, native advertisements, and sponsorships) that— 
‘‘(1) is made by or on behalf of a candidate; or 
‘‘(2) communicates a message relating to any 
political matter of national importance, including— 
‘‘(A) a candidate; 
‘‘(B) any election to Federal office; or 
‘‘(C) a national legislative issue of public 
importance.’’. 
(b) ENHANCED CRIMINAL PENALTY
FOR VIOLA-
TIONS.—Section 309(d)(1) of such Act (52 U.S.C. 
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30109(d)(1)) is amended by adding at the end the fol-
lowing new subparagraph: 
‘‘(E) Any covered online platform or covered inter-
mediary, or an officer or director of a covered online plat-
form or covered intermediary, who knowingly and willfully 
commits a violation of section 325 shall be imprisoned not 
more than 5 years, fined under title 18, United States 
Code, or both.’’. 
(c) RULEMAKING.— 
(1) RESPONSIBILITIES OF FEDERAL ELECTION 
COMMISSION.—Not later than 90 days after the date 
of the enactment of this Act, the Federal Election 
Commission shall establish rules— 
(A) regarding the definition of any term 
whose definition is set forth in section 325 of 
the Federal Election Campaign Act of 1971 (as 
added by subsection (a)); 
(B) regarding the restrictions established 
under section 325(a) of such Act (as added by 
subsection (a)) on targeting the dissemination 
of qualified political advertisements to a specific 
group of individuals on the basis of any demo-
graphic characteristic shared by members of 
such group, including establishing the criteria 
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for the safe harbors described in paragraphs 
(1)(B)(ii) and (4)(B) of such section; 
(C) requiring common data formats for the 
record required to be maintained under section 
325(b) of such Act (as added by subsection (a)) 
so that all online platforms and intermediaries 
submit and maintain data online in a common, 
machine-readable and publicly accessible for-
mat; 
(D) establishing search interface require-
ments relating to such record, including 
searches by candidate name, issue, purchaser, 
and date; and 
(E) establishing the criteria for the safe 
harbor exception provided under paragraph (4) 
of section 325(b) of such Act (as added by sub-
section (a)). 
(2) REVISION.—After the Commission first es-
tablishes rules pursuant to this subsection, the Com-
mission shall revise the rules every 5 years there-
after. 
(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— 
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(1) matters relating to compliance with and the 
enforcement of the requirements of section 325(b) 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. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to qualified political 
advertisements disseminated after the expiration of the 
120-day period which begins on the date of the enactment 
of this Act. 
Æ 
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