227 
‘‘(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 orga-
nization and, in the case of a covered organiza-
tion that is a corporation (other than a business 
concern that is an issuer of a class of securities 
registered under section 12 of the Securities Ex-
change Act of 1934 (15 U.S.C. 78l) or that is re-
quired to file reports under section 15(d) of that 
Act (15 U.S.C. 78o(d))) or an entity 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, partnership, 
limited liability company, or trust, identi-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
228 
fies each such other legal entity and each 
such beneficial owner who will use that 
other entity to exercise control over the enti-
ty. 
‘‘(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 elec-
tion to which the campaign-related disbursement 
pertains and if the disbursement is made for a 
public communication, the name of any can-
didate identified in such communication and 
whether such communication is in support of or 
in opposition to a candidate. 
‘‘(D) A certification by the chief executive 
officer or person who is the head of the covered 
organization that the campaign-related disburse-
ment is not made in cooperation, consultation, 
or concert with or at the request or suggestion of 
a candidate, authorized committee, or agent of a 
candidate, political party, or agent of a political 
party. 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00228
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
229 
‘‘(E)(i) If the covered organization makes 
campaign-related disbursements using exclu-
sively funds in a segregated bank account con-
sisting of funds that were paid directly to such 
account by persons other than the covered orga-
nization that controls the account, for each such 
payment to the account— 
‘‘(I) the name and address of each 
person who made such payment during 
the period covered by the statement; 
‘‘(II) the date and amount of such 
payment; and 
‘‘(III) the aggregate amount of all 
such payments made by the person 
during the period beginning on the 
first day of the election reporting cycle 
(or, if earlier, the period beginning one 
year before the disclosure date) and 
ending on the disclosure date, 
but only if such payment was made by a person 
who made payments to the account in an aggre-
gate amount of $10,000 or more during the pe-
riod beginning on the first day of the election re-
porting cycle (or, if earlier, the period beginning 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00229
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
230 
one year before the disclosure date) and ending 
on the disclosure date. 
‘‘(ii) In any calendar year after 2020, sec-
tion 315(c)(1)(B) shall apply to the amount de-
scribed in clause (i) in the same manner as such 
section applies to the limitations established 
under subsections (a)(1)(A), (a)(1)(B), (a)(3), 
and (h) of such section, except that for purposes 
of applying such section to the amounts de-
scribed in subsection (b), the ‘base period’ shall 
be 2020. 
‘‘(F)(i) If the covered organization makes 
campaign-related disbursements using funds 
other than funds in a segregated bank account 
described in subparagraph (E), for each payment 
to the covered organization— 
‘‘(I) the name and address of each 
person who made such payment during 
the period covered by the statement; 
‘‘(II) the date and amount of such 
payment; and 
‘‘(III) the aggregate amount of all 
such payments made by the person 
during the period beginning on the 
first day of the election reporting cycle 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00230
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
231 
(or, if earlier, the period beginning one 
year before the disclosure date) and 
ending on the disclosure date, 
but only if such payment was made by a person 
who made payments to the covered organization 
in an aggregate amount of $10,000 or more dur-
ing the period beginning on the first day of the 
election reporting cycle (or, if earlier, the period 
beginning one year before the disclosure date) 
and ending on the disclosure date. 
‘‘(ii) In any calendar year after 2020, sec-
tion 315(c)(1)(B) shall apply to the amount de-
scribed in clause (i) in the same manner as such 
section applies to the limitations established 
under subsections (a)(1)(A), (a)(1)(B), (a)(3), 
and (h) of such section, except that for purposes 
of applying such section to the amounts de-
scribed in subsection (b), the ‘base period’ shall 
be 2020. 
‘‘(G) Such other information as required in 
rules established by the Commission to promote 
the purposes of this section. 
‘‘(3) EXCEPTIONS.— 
‘‘(A) AMOUNTS
RECEIVED
IN
ORDINARY 
COURSE OF BUSINESS.—The requirement to in-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00231
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
232 
clude in a statement filed under paragraph (1) 
the information described in paragraph (2) shall 
not apply to amounts received by the covered or-
ganization in commercial transactions in the or-
dinary course of any trade or business conducted 
by the covered organization or in the form of in-
vestments (other than investments by the prin-
cipal shareholder in a limited liability corpora-
tion) in the covered organization. For purposes 
of this subparagraph, amounts received by a cov-
ered organization as remittances from an em-
ployee to the employee’s collective bargaining 
representative shall be treated as amounts re-
ceived in commercial transactions in the ordi-
nary course of the business conducted by the cov-
ered organization. 
‘‘(B) DONOR
RESTRICTION
ON
USE
OF 
FUNDS.—The requirement to include in a state-
ment submitted under paragraph (1) the infor-
mation described in subparagraph (F) of para-
graph (2) shall not apply if— 
‘‘(i) the person described in such sub-
paragraph prohibited, in writing, the use of 
the payment made by such person for cam-
paign-related disbursements; and 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00232
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
233 
‘‘(ii) the covered organization agreed to 
follow the prohibition and deposited the 
payment in an account which is segregated 
from any account used to make campaign- 
related disbursements. 
‘‘(C) THREAT
OF
HARASSMENT
OR
RE-
PRISAL.—The requirement to include any infor-
mation relating to the name or address of any 
person (other than a candidate) in a statement 
submitted under paragraph (1) shall not apply 
if the inclusion of the information would subject 
the person to serious threats, harassment, or re-
prisals. 
‘‘(4) OTHER DEFINITIONS.—For purposes of this 
section: 
‘‘(A) BENEFICIAL OWNER DEFINED.— 
‘‘(i) IN GENERAL.—Except as provided 
in clause (ii), the term ‘beneficial owner’ 
means, with respect to any entity, a natural 
person who, directly or indirectly— 
‘‘(I) exercises substantial control 
over an entity through ownership, vot-
ing rights, agreement, or otherwise; or 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00233
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
234 
‘‘(II) has a substantial interest in 
or receives substantial economic bene-
fits from the assets of an entity. 
‘‘(ii) EXCEPTIONS.—The term ‘bene-
ficial owner’ shall not include— 
‘‘(I) a minor child; 
‘‘(II) a person acting as a nomi-
nee, intermediary, custodian, or agent 
on behalf of another person; 
‘‘(III) a person acting solely as an 
employee of an entity and whose con-
trol over or economic benefits from the 
entity derives solely from the employ-
ment status of the person; 
‘‘(IV) a person whose only interest 
in an entity is through a right of in-
heritance, unless the person also meets 
the requirements of clause (i); or 
‘‘(V) a creditor of an entity, un-
less the creditor also meets the require-
ments of clause (i). 
‘‘(iii) ANTI-ABUSE RULE.—The excep-
tions under clause (ii) shall not apply if 
used for the purpose of evading, circum-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00234
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
235 
venting, or abusing the provisions of clause 
(i) or paragraph (2)(A). 
‘‘(B) DISCLOSURE DATE.—The term ‘disclo-
sure date’ means— 
‘‘(i) the first date during any election 
reporting cycle by which a person has made 
campaign-related disbursements aggregating 
more than $10,000; and 
‘‘(ii) any other date during such elec-
tion reporting cycle by which a person has 
made campaign-related disbursements ag-
gregating more than $10,000 since the most 
recent disclosure date for such election re-
porting cycle. 
‘‘(C) ELECTION
REPORTING
CYCLE.—The 
term ‘election reporting cycle’ means the 2-year 
period beginning on the date of the most recent 
general election for Federal office. 
‘‘(D) PAYMENT.—The term ‘payment’ in-
cludes any contribution, donation, transfer, pay-
ment of dues, or other payment. 
‘‘(b) COORDINATION WITH OTHER PROVISIONS.— 
‘‘(1) OTHER REPORTS FILED WITH THE COMMIS-
SION.—Information included in a statement filed 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00235
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
236 
under this section may be excluded from statements 
and reports filed under section 304. 
‘‘(2) TREATMENT
AS
SEPARATE
SEGREGATED 
FUND.—A segregated bank account referred to in sub-
section (a)(2)(E) may be treated as a separate seg-
regated fund for purposes of section 527(f)(3) of the 
Internal Revenue Code of 1986. 
‘‘(c) FILING.—Statements required to be filed under 
subsection (a) shall be subject to the requirements of section 
304(d) to the same extent and in the same manner as if 
such reports had been required under subsection (c) or (g) 
of section 304. 
‘‘(d) 
CAMPAIGN-RELATED
DISBURSEMENT
DE-
FINED.— 
‘‘(1) IN
GENERAL.—In this section, the term 
‘campaign-related disbursement’ means a disburse-
ment by a covered organization for any of the fol-
lowing: 
‘‘(A) An independent expenditure which ex-
pressly advocates the election or defeat of a clear-
ly identified candidate for election for Federal 
office, or is the functional equivalent of express 
advocacy because, when taken as a whole, it can 
be interpreted by a reasonable person only as ad-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00236
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
237 
vocating the election or defeat of a candidate for 
election for Federal office. 
‘‘(B) Any public communication which re-
fers to a clearly identified candidate for election 
for Federal office and which promotes or sup-
ports the election of a candidate for that office, 
or attacks or opposes the election of a candidate 
for that office, without regard to whether the 
communication expressly advocates a vote for or 
against a candidate for that office. 
‘‘(C) An electioneering communication, as 
defined in section 304(f)(3). 
‘‘(D) A covered transfer. 
‘‘(2) INTENT NOT REQUIRED.—A disbursement 
for an item described in subparagraph (A), (B), (C), 
or (D) of paragraph (1) shall be treated as a cam-
paign-related disbursement regardless of the intent of 
the person making the disbursement. 
‘‘(e) COVERED ORGANIZATION DEFINED.—In this sec-
tion, the term ‘covered organization’ means any of the fol-
lowing: 
‘‘(1) A corporation (other than an organization 
described in section 501(c)(3) of the Internal Revenue 
Code of 1986). 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00237
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
238 
‘‘(2) A limited liability corporation that is not 
otherwise treated as a corporation for purposes of this 
Act (other than an organization described in section 
501(c)(3) of the Internal Revenue Code of 1986). 
‘‘(3) An organization described in section 501(c) 
of such Code and exempt from taxation under section 
501(a) of such Code (other than an organization de-
scribed in section 501(c)(3) of such Code). 
‘‘(4) A labor organization (as defined in section 
316(b)). 
‘‘(5) Any political organization under section 
527 of the Internal Revenue Code of 1986, other than 
a political committee under this Act (except as pro-
vided in paragraph (6)). 
‘‘(6) A political committee with an account that 
accepts donations or contributions that do not comply 
with the contribution limits or source prohibitions 
under this Act, but only with respect to such accounts. 
‘‘(f) COVERED TRANSFER DEFINED.— 
‘‘(1) IN
GENERAL.—In this section, the term 
‘covered transfer’ means any transfer or payment of 
funds by a covered organization to another person if 
the covered organization— 
‘‘(A) designates, requests, or suggests that 
the amounts be used for— 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00238
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
239 
‘‘(i) campaign-related disbursements 
(other than covered transfers); or 
‘‘(ii) making a transfer to another per-
son for the purpose of making or paying for 
such campaign-related disbursements; 
‘‘(B) made such transfer or payment in re-
sponse to a solicitation or other request for a do-
nation or payment for— 
‘‘(i) the making of or paying for cam-
paign-related disbursements (other than cov-
ered transfers); or 
‘‘(ii) making a transfer to another per-
son for the purpose of making or paying for 
such campaign-related disbursements; 
‘‘(C) engaged in discussions with the recipi-
ent of the transfer or payment regarding— 
‘‘(i) the making of or paying for cam-
paign-related disbursements (other than cov-
ered transfers); or 
‘‘(ii) donating or transferring any 
amount of such transfer or payment to an-
other person for the purpose of making or 
paying for such campaign-related disburse-
ments; 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00239
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
240 
‘‘(D) made campaign-related disbursements 
(other than a covered transfer) in an aggregate 
amount of $50,000 or more during the 2-year pe-
riod ending on the date of the transfer or pay-
ment, or knew or had reason to know that the 
person receiving the transfer or payment made 
such disbursements in such an aggregate amount 
during that 2-year period; or 
‘‘(E) knew or had reason to know that the 
person receiving the transfer or payment would 
make campaign-related disbursements in an ag-
gregate amount of $50,000 or more during the 2- 
year period beginning on the date of the transfer 
or payment. 
‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ 
does not include any of the following: 
‘‘(A) A disbursement made by a covered or-
ganization in a commercial transaction in the 
ordinary course of any trade or business con-
ducted by the covered organization or in the 
form of investments made by the covered organi-
zation. 
‘‘(B) A disbursement made by a covered or-
ganization if— 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00240
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
241 
‘‘(i) the covered organization prohib-
ited, in writing, the use of such disburse-
ment for campaign-related disbursements; 
and 
‘‘(ii) the recipient of the disbursement 
agreed to follow the prohibition and depos-
ited the disbursement in an account which 
is segregated from any account used to 
make campaign-related disbursements. 
‘‘(3) SPECIAL
RULE
REGARDING
TRANSFERS 
AMONG AFFILIATES.— 
‘‘(A) SPECIAL
RULE.—A transfer of an 
amount by one covered organization to another 
covered organization which is treated as a trans-
fer between affiliates under subparagraph (C) 
shall be considered a covered transfer by the cov-
ered organization which transfers the amount 
only if the aggregate amount transferred during 
the year by such covered organization to that 
same covered organization is equal to or greater 
than $50,000. 
‘‘(B) DETERMINATION OF AMOUNT OF CER-
TAIN PAYMENTS AMONG AFFILIATES.—In deter-
mining the amount of a transfer between affili-
ates for purposes of subparagraph (A), to the ex-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00241
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
242 
tent that the transfer consists of funds attrib-
utable to dues, fees, or assessments which are 
paid by individuals on a regular, periodic basis 
in accordance with a per-individual calculation 
which is made on a regular basis, the transfer 
shall be attributed to the individuals paying the 
dues, fees, or assessments and shall not be attrib-
uted to the covered organization. 
‘‘(C) DESCRIPTION
OF
TRANSFERS
BE-
TWEEN
AFFILIATES.—A transfer of amounts 
from one covered organization to another covered 
organization shall be treated as a transfer be-
tween affiliates if— 
‘‘(i) one of the organizations is an af-
filiate of the other organization; or 
‘‘(ii) each of the organizations is an af-
filiate of the same organization, 
except that the transfer shall not be treated as a 
transfer between affiliates if one of the organiza-
tions is established for the purpose of making 
campaign-related disbursements. 
‘‘(D) DETERMINATION OF AFFILIATE STA-
TUS.—For purposes of subparagraph (C), a cov-
ered organization is an affiliate of another cov-
ered organization if— 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00242
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
243 
‘‘(i) the governing instrument of the or-
ganization requires it to be bound by deci-
sions of the other organization; 
‘‘(ii) the governing board of the organi-
zation includes persons who are specifically 
designated representatives of the other orga-
nization or are members of the governing 
board, officers, or paid executive staff mem-
bers of the other organization, or whose 
service on the governing board is contingent 
upon the approval of the other organization; 
or 
‘‘(iii) the organization is chartered by 
the other organization. 
‘‘(E) COVERAGE OF TRANSFERS TO AFFILI-
ATED SECTION 501(c)(3) ORGANIZATIONS.—This 
paragraph shall apply with respect to an 
amount transferred by a covered organization to 
an organization described in paragraph (3) of 
section 501(c) of the Internal Revenue Code of 
1986 and exempt from tax under section 501(a) 
of such Code in the same manner as this para-
graph applies to an amount transferred by a 
covered organization to another covered organi-
zation. 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00243
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
244 
‘‘(g) NO EFFECT ON OTHER REPORTING REQUIRE-
MENTS.—Nothing in this section shall be construed to waive 
or otherwise affect any other requirement of this Act which 
relates to the reporting of campaign-related disburse-
ments.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
304(f)(6) of such Act (52 U.S.C. 30104) is amended 
by striking ‘‘Any requirement’’ and inserting ‘‘Except 
as provided in section 324(b), any requirement’’. 
(b) COORDINATION WITH FINCEN.— 
(1) IN GENERAL.—The Director of the Financial 
Crimes Enforcement Network of the Department of 
the Treasury shall provide the Federal Election Com-
mission with such information as necessary to assist 
in administering and enforcing section 324 of the 
Federal Election Campaign Act of 1971, as added by 
this section. 
(2) REPORT.—Not later than 6 months after the 
date of the enactment of this Act, the Chairman of the 
Federal Election Commission, in consultation with 
the Director of the Financial Crimes Enforcement 
Network of the Department of the Treasury, shall sub-
mit to Congress a report with recommendations for 
providing further legislative authority to assist in the 
administration and enforcement of such section 324. 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00244
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
245 
SEC. 4112. APPLICATION OF FOREIGN MONEY BAN TO DIS-
BURSEMENTS FOR CAMPAIGN-RELATED DIS-
BURSEMENTS 
CONSISTING 
OF 
COVERED 
TRANSFERS. 
Section 319(a)(1)(A) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended 
by section 4102, is amended by striking the semicolon and 
inserting the following: ‘‘, and any disbursement, other than 
an disbursement described in section 324(a)(3)(A), to an-
other person who made a campaign-related disbursement 
consisting of a covered transfer (as described in section 324) 
during the 2-year period ending on the date of the disburse-
ment;’’. 
SEC. 4113. EFFECTIVE DATE. 
The amendments made by this part shall apply with 
respect to disbursements made on or after January 1, 2020, 
and shall take effect without regard to whether or not the 
Federal Election Commission has promulgated regulations 
to carry out such amendments. 
PART 3—OTHER ADMINISTRATIVE REFORMS 
SEC. 4121. PETITION FOR CERTIORARI. 
Section 307(a)(6) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30107(a)(6)) is amended by insert-
ing ‘‘(including a proceeding before the Supreme Court on 
certiorari)’’ after ‘‘appeal’’. 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00245
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
246 
SEC. 4122. JUDICIAL REVIEW OF ACTIONS RELATED TO 
CAMPAIGN FINANCE LAWS. 
(a) IN GENERAL.—Title IV of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is amended 
by inserting after section 406 the following new section: 
‘‘SEC. 407. JUDICIAL REVIEW. 
‘‘(a) IN GENERAL.—Notwithstanding section 373(f), if 
any action is brought for declaratory or injunctive relief 
to challenge the constitutionality of any provision of this 
Act or of chapter 95 or 96 of the Internal Revenue Code 
of 1986, or is brought to with respect to any action of the 
Commission under chapter 95 or 96 of the Internal Revenue 
Code of 1986, the following rules shall apply: 
‘‘(1) The action shall be filed in the United 
States District Court for the District of Columbia and 
an appeal from the decision of the district court may 
be taken to the Court of Appeals for the District of 
Columbia Circuit. 
‘‘(2) In the case of an action relating to declara-
tory or injunctive relief to challenge the constitu-
tionality of a provision— 
‘‘(A) a copy of the complaint shall be deliv-
ered promptly to the Clerk of the House of Rep-
resentatives and the Secretary of the Senate; and 
‘‘(B) it shall be the duty of the United 
States District Court for the District of Colum-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00246
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
247 
bia, the Court of Appeals for the District of Co-
lumbia, and the Supreme Court of the United 
States to advance on the docket and to expedite 
to the greatest possible extent the disposition of 
the action and appeal. 
‘‘(b) INTERVENTION BY MEMBERS OF CONGRESS.—In 
any action in which the constitutionality of any provision 
of this Act or chapter 95 or 96 of the Internal Revenue Code 
of 1986 is raised, any Member of the House of Representa-
tives (including a Delegate or Resident Commissioner to the 
Congress) or Senate shall have the right to intervene either 
in support of or opposition to the position of a party to 
the case regarding the constitutionality of the provision. To 
avoid duplication of efforts and reduce the burdens placed 
on the parties to the action, the court in any such action 
may make such orders as it considers necessary, including 
orders to require interveners taking similar positions to file 
joint papers or to be represented by a single attorney at 
oral argument. 
‘‘(c) CHALLENGE BY MEMBERS OF CONGRESS.—Any 
Member of Congress may bring an action, subject to the spe-
cial rules described in subsection (a), for declaratory or in-
junctive relief to challenge the constitutionality of any pro-
vision of this Act or chapter 95 or 96 of the Internal Rev-
enue Code of 1986.’’. 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00247
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
248 
(b) CONFORMING AMENDMENTS.— 
(1) IN GENERAL.— 
(A) Section 9011 of the Internal Revenue 
Code of 1986 is amended to read as follows: 
‘‘SEC. 9011. JUDICIAL REVIEW. 
‘‘For provisions relating to judicial review of certifi-
cations, determinations, and actions by the Commission 
under this chapter, see section 407 of the Federal Election 
Campaign Act of 1971.’’. 
(B) Section 9041 of the Internal Revenue 
Code of 1986 is amended to read as follows: 
‘‘SEC. 9041. JUDICIAL REVIEW. 
‘‘For provisions relating to judicial review of actions 
by the Commission under this chapter, see section 407 of 
the Federal Election Campaign Act of 1971.’’. 
(C) Section 403 of the Bipartisan Cam-
paign Reform Act of 2002 (52 U.S.C. 30110 
note) is repealed. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to actions brought on or after January 
1, 2019. 
Subtitle C—Honest Ads 
SEC. 4201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Honest Ads Act’’. 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00248
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
249 
SEC. 4202. PURPOSE. 
The purpose of this subtitle 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. 4203. FINDINGS. 
Congress makes the following findings: 
(1) On January 6, 2017, the Office of the Direc-
tor of National Intelligence published a report titled 
‘‘Assessing Russian Activities and Intentions in Re-
cent U.S. Elections’’, noting that ‘‘Russian President 
Vladimir Putin ordered an influence campaign in 
2016 aimed at the US presidential election . . .’’. 
Moscow’s influence campaign followed a Russian mes-
saging strategy that blends covert intelligence oper-
ation—such as cyber activity—with overt efforts by 
Russian Government agencies, state-funded media, 
third-party intermediaries, and paid social media 
users or ‘‘trolls’’. 
(2) On November 24, 2016, The Washington Post 
reported findings from 2 teams of independent re-
searchers that concluded Russians ‘‘exploited Amer-
ican-made technology platforms to attack U.S. democ-
racy at a particularly vulnerable moment . . . as part 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00249
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
250 
of a broadly effective strategy of sowing distrust in 
U.S. democracy and its leaders.’’. 
(3) Findings from a 2017 study on the manipu-
lation of public opinion through social media con-
ducted by the Computational Propaganda Research 
Project at the Oxford Internet Institute found that the 
Kremlin is using pro-Russian bots to manipulate 
public discourse to a highly targeted audience. With 
a sample of nearly 1,300,000 tweets, researchers found 
that in the 2016 election’s 3 decisive States, propa-
ganda constituted 40 percent of the sampled election- 
related tweets that went to Pennsylvanians, 34 per-
cent to Michigan voters, and 30 percent to those in 
Wisconsin. In other swing States, the figure reached 
42 percent in Missouri, 41 percent in Florida, 40 per-
cent in North Carolina, 38 percent in Colorado, and 
35 percent in Ohio. 
(4) On September 6, 2017, the nation’s largest 
social media platform disclosed that between June 
2015 and May 2017, Russian entities purchased 
$100,000 in political advertisements, publishing 
roughly 3,000 ads linked to fake accounts associated 
with the Internet Research Agency, a pro-Kremlin or-
ganization. According to the company, the ads pur-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00250
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
251 
chased focused ‘‘on amplifying divisive social and po-
litical messages . . .’’. 
(5) In 2002, the Bipartisan Campaign Reform 
Act became law, establishing disclosure requirements 
for political advertisements distributed from a tele-
vision or radio broadcast station or provider of cable 
or satellite television. In 2003, the Supreme Court 
upheld regulations on electioneering communications 
established under the Act, noting that such require-
ments ‘‘provide the electorate with information and 
insure that the voters are fully informed about the 
person or group who is speaking.’’. 
(6) According to a study from Borrell Associates, 
in 2016, $1,415,000,000 was spent on online adver-
tising, more than quadruple the amount in 2012. 
(7) The reach of a few large internet platforms— 
larger than any broadcast, satellite, or cable pro-
vider—has greatly facilitated the scope and effective-
ness of disinformation campaigns. For instance, the 
largest platform has over 210,000,000 Americans 
users—over 160,000,000 of them on a daily basis. By 
contrast, the largest cable television provider has 
22,430,000 subscribers, while the largest satellite tele-
vision provider has 21,000,000 subscribers. And the 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00251
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
252 
most-watched television broadcast in United States 
history had 118,000,000 viewers. 
(8) The public nature of broadcast television, 
radio, and satellite ensures a level of publicity for any 
political advertisement. These communications are ac-
cessible to the press, fact-checkers, and political oppo-
nents; this creates strong disincentives for a candidate 
to disseminate materially false, inflammatory, or con-
tradictory messages to the public. Social media plat-
forms, in contrast, can target portions of the elec-
torate with direct, ephemeral advertisements often on 
the basis of private information the platform has on 
individuals, enabling political advertisements that are 
contradictory, racially or socially inflammatory, or 
materially false. 
(9) According to comScore, 2 companies own 8 
of the 10 most popular smartphone applications as of 
June 2017, including the most popular social media 
and email services—which deliver information and 
news to users without requiring proactivity by the 
user. Those same 2 companies accounted for 99 per-
cent of revenue growth from digital advertising in 
2016, including 77 percent of gross spending. 79 per-
cent of online Americans—representing 68 percent of 
all Americans—use the single largest social network, 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00252
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
253 
while 66 percent of these users are most likely to get 
their news from that site. 
(10) In its 2006 rulemaking, the Federal Elec-
tion Commission noted that only 18 percent of all 
Americans cited the internet as their leading source 
of news about the 2004 Presidential election; by con-
trast, the Pew Research Center found that 65 percent 
of Americans identified an internet-based source as 
their leading source of information for the 2016 elec-
tion. 
(11) The Federal Election Commission, the inde-
pendent Federal agency charged with protecting the 
integrity of the Federal campaign finance process by 
providing transparency and administering campaign 
finance laws, has failed to take action to address on-
line political advertisements. 
(12) In testimony before the Senate Select Com-
mittee on Intelligence titled, ‘‘Disinformation: A 
Primer in Russian Active Measures and Influence 
Campaigns’’, multiple expert witnesses testified that 
while the disinformation tactics of foreign adversaries 
have not necessarily changed, social media services 
now provide ‘‘platform[s] practically purpose-built 
for active measures[.]’’ Similarly, as Gen. Keith B. 
Alexander (RET.), the former Director of the National 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00253
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
254 
Security Agency, testified, during the Cold War ‘‘if 
the Soviet Union sought to manipulate information 
flow, it would have to do so principally through its 
own propaganda outlets or through active measures 
that would generate specific news: planting of leaflets, 
inciting of violence, creation of other false materials 
and narratives. But the news itself was hard to ma-
nipulate because it would have required actual control 
of the organs of media, which took long-term efforts 
to penetrate. Today, however, because the clear major-
ity of the information on social media sites is 
uncurated and there is a rapid proliferation of infor-
mation sources and other sites that can reinforce in-
formation, there is an increasing likelihood that the 
information available to average consumers may be 
inaccurate (whether intentionally or otherwise) and 
may be more easily manipulable than in prior eras.’’. 
(13) Current regulations on political advertise-
ments do not provide sufficient transparency to up-
hold the public’s right to be fully informed about po-
litical advertisements made online. 
SEC. 4204. 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 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00254
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
255 
platforms in the lives of Americans, requires the Con-
gress and the Federal Election Commission to take 
meaningful action to ensure that laws and regulations 
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 political 
advertisements in order to make informed political 
choices and hold elected officials accountable; and 
(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. 4205. 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 communica-
tion’’ 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)— 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00255
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
256 
(A) in clause (v), by striking ‘‘on broad-
casting stations, or in newspapers, magazines, or 
similar types of general public political adver-
tising’’ and inserting ‘‘in any public commu-
nication’’; 
(B) in clause (ix), by striking ‘‘broad-
casting, newspaper, magazine, billboard, direct 
mail, or similar type of general public commu-
nication or political advertising’’ and inserting 
‘‘public communication’’; and 
(C) in clause (x), by striking ‘‘but not in-
cluding the use of broadcasting, newspapers, 
magazines, billboards, direct mail, or similar 
types of general public communication or polit-
ical advertising’’ and inserting ‘‘but not includ-
ing use in any public communication’’; 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, on-
line, or digital newspaper, magazine, blog, 
publication, or periodical, unless such 
broadcasting, print, online, or digital facili-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00256
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
257 
ties 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 adver-
tising’’ 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, magazine, out-
door advertising facility, mailing, or any other type 
of general public political advertising’’ and inserting 
‘‘solicits any contribution through any public commu-
nication’’. 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00257
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
258 
SEC. 4206. EXPANSION OF DEFINITION OF ELECTION-
EERING COMMUNICATION. 
(a) EXPANSION TO ONLINE COMMUNICATIONS.— 
(1) APPLICATION TO QUALIFIED INTERNET AND 
DIGITAL COMMUNICATIONS.— 
(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 COM-
MUNICATION.—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 subpara-
graph: 
‘‘(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 ELECTORATE 
TO
ONLINE
COMMUNICATIONS.—Section 
304(f)(3)(A)(i)(III) 
of 
such 
Act 
(52 
U.S.C. 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00258
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
259 
30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any 
broadcast, cable, or satellite’’ before ‘‘communication’’. 
(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 broad-
casting station or any online or digital 
newspaper, magazine, blog, publication, or 
periodical, 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, 2020. 
SEC. 4207. 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 amend-
ed— 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00259
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
260 
(1) by striking ‘‘shall clearly state’’ each place it 
appears in paragraphs (1), (2), and (3) and inserting 
‘‘shall state in a clear and conspicuous manner’’; and 
(2) by adding at the end the following flush sen-
tence: ‘‘For purposes of this section, a communication 
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 dig-
ital 
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 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00260
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
261 
‘‘(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 commu-
nication, 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 man-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00261
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
262 
ner at the beginning or end of the communica-
tion and lasts at least 3 seconds. 
‘‘(C) VIDEO COMMUNICATIONS.—In the case 
of a video communication which also includes 
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 commu-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00262
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
263 
nications (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 format’’. 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00263
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
264 
SEC. 4208. POLITICAL RECORD REQUIREMENTS FOR ON-
LINE PLATFORMS. 
(a) IN GENERAL.—Section 304 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30104) 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.—An online platform shall maintain, 
and make available for online public inspection 
in machine readable format, a complete record of 
any request to purchase on such online platform 
a qualified political advertisement which is 
made by a person whose aggregate requests to 
purchase qualified political advertisements on 
such online platform during the calendar year 
exceeds $500. 
‘‘(B) REQUIREMENTS FOR ADVERTISERS.— 
Any person who requests to purchase a qualified 
political advertisement on an online platform 
shall provide the online platform with such in-
formation as is necessary for the online platform 
to comply with the requirements of subparagraph 
(A). 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00264
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
265 
‘‘(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 targeted 
by the advertisement, the number of views gen-
erated from the advertisement, and the date and 
time that the advertisement is first displayed 
and last displayed; and 
‘‘(C) information regarding— 
‘‘(i) the average rate charged for the 
advertisement; 
‘‘(ii) the name of the candidate to 
which the advertisement refers and the office 
to which the candidate is seeking election, 
the election to which the advertisement re-
fers, or the national legislative issue to 
which the advertisement refers (as applica-
ble); 
‘‘(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 com-
mittee; and 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00265
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
266 
‘‘(iv) in the case of any request not de-
scribed in clause (iii), the name of the per-
son purchasing the advertisement, the name 
and address of a contact person for such 
person, and a list of the chief executive offi-
cers or members of the executive committee 
or of the board of directors of such person. 
‘‘(3) ONLINE PLATFORM.—For purposes of this 
subsection, the term ‘online platform’ means any pub-
lic-facing website, web application, or digital applica-
tion (including a social network, ad network, or 
search engine) which— 
‘‘(A) sells qualified political advertisements; 
and 
‘‘(B) has 50,000,000 or more unique month-
ly United States visitors or users for a majority 
of months during the preceding 12 months. 
‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.— 
For purposes of this subsection, the term ‘qualified 
political advertisement’ means any advertisement (in-
cluding search engine marketing, display advertise-
ments, video advertisements, native advertisements, 
and sponsorships) that— 
‘‘(A) is made by or on behalf of a candidate; 
or 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00266
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
267 
‘‘(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 information 
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) SAFE
HARBOR
FOR
PLATFORMS
MAKING 
BEST EFFORTS TO IDENTIFY REQUESTS WHICH ARE 
SUBJECT
TO
RECORD
MAINTENANCE
REQUIRE-
MENTS.—In accordance with rules established by the 
Commission, if an online platform shows that the 
platform used best efforts to determine whether or not 
a request to purchase a qualified political advertise-
ment was subject to the requirements of this sub-
section, the online platform shall not be considered to 
be in violation of such requirements. 
‘‘(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 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00267
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
268 
forms, to comply with the requirements of this sub-
section, see section 309.’’. 
(b) RULEMAKING.—Not later than 120 days after the 
date of the enactment of this Act, the Federal Election Com-
mission shall establish rules— 
(1) requiring common data formats for the 
record required to be maintained under section 304(j) 
of the Federal Election Campaign Act of 1971 (as 
added by subsection (a)) so that all online platforms 
submit and maintain data online in a common, ma-
chine-readable and publicly accessible format; and 
(2) establishing search interface requirements re-
lating to such record, including searches by candidate 
name, issue, purchaser, and date; and 
(3) establishing the criteria for the safe harbor 
exception provided under paragraph (6) of section 
304(j) of such Act (as added by subsection (a)). 
(c) REPORTING.—Not later than 2 years after the date 
of the enactment of this Act, and biannually thereafter, 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); 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00268
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
269 
(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. 4209. PREVENTING CONTRIBUTIONS, EXPENDITURES, 
INDEPENDENT 
EXPENDITURES, 
AND 
DIS-
BURSEMENTS FOR ELECTIONEERING COMMU-
NICATIONS 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 4101(a)(2) 
and section 4101(b), is further amended by adding at the 
end the following new subsection: 
‘‘(e) RESPONSIBILITIES
OF BROADCAST STATIONS, 
PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND 
ONLINE PLATFORMS.—Each television or radio broadcast 
station, provider of cable or satellite television, or online 
platform (as defined in section 304(j)(3)) shall make rea-
sonable efforts to ensure that communications described in 
section 318(a) and made available by such station, pro-
vider, or platform are not purchased by a foreign national, 
directly or indirectly.’’. 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00269
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
270 
Subtitle D—Stand By Every Ad 
SEC. 4301. SHORT TITLE. 
This Act may be cited as the ‘‘Stand By Every Ad 
Act’’. 
SEC. 4302. STAND BY EVERY AD. 
(a) EXPANDED
DISCLAIMER
REQUIREMENTS
FOR 
CERTAIN COMMUNICATIONS.—Section 318 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30120), as 
amended by section 4207(b)(1), is further amended— 
(1) by redesignating subsection (e) as subsection 
(f); and 
(2) by inserting after subsection (d) the following 
new subsection: 
‘‘(e) EXPANDED DISCLAIMER REQUIREMENTS
FOR 
COMMUNICATIONS NOT AUTHORIZED BY CANDIDATES OR 
COMMITTEES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (6), any communication described in para-
graph (3) of subsection (a) which is transmitted in an 
audio or video format (including an Internet or dig-
ital communication), or which is an Internet or dig-
ital communication transmitted in a text or graphic 
format, shall include, in addition to the requirements 
of paragraph (3) of subsection (a), the following: 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00270
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
271 
‘‘(A) The individual disclosure statement 
described in paragraph (2)(A) (if the person 
paying for the communication is an individual) 
or the organizational disclosure statement de-
scribed in paragraph (2)(B) (if the person pay-
ing for the communication is not an individual). 
‘‘(B) If the communication is transmitted 
in a video format, or is an Internet or digital 
communication which is transmitted in a text or 
graphic format, and is paid for in whole or in 
part with a payment which is treated as a cam-
paign-related disbursement under section 324— 
‘‘(i) the Top Five Funders list (if ap-
plicable); or 
‘‘(ii) in the case of a communication 
which, as determined on the basis of criteria 
established in regulations issued by the 
Commission, is of such short duration that 
including the Top Five Funders list in the 
communication would constitute a hardship 
to the person paying for the communication 
by requiring a disproportionate amount of 
the content of the communication to consist 
of the Top Five Funders list, the name of a 
website which contains the Top Five 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00271
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
272 
Funders list (if applicable) or, in the case 
of an Internet or digital communication, a 
hyperlink to such website. 
‘‘(C) If the communication is transmitted 
in an audio format and is paid for in whole or 
in part with a payment which is treated as a 
campaign-related disbursement under section 
324— 
‘‘(i) the Top Two Funders list (if ap-
plicable); or 
‘‘(ii) in the case of a communication 
which, as determined on the basis of criteria 
established in regulations issued by the 
Commission, is of such short duration that 
including the Top Two Funders list in the 
communication would constitute a hardship 
to the person paying for the communication 
by requiring a disproportionate amount of 
the content of the communication to consist 
of the Top Two Funders list, the name of a 
website which contains the Top Two 
Funders list (if applicable). 
‘‘(2) DISCLOSURE STATEMENTS DESCRIBED.— 
‘‘(A) 
INDIVIDUAL
DISCLOSURE
STATE-
MENTS.—The individual disclosure statement de-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00272
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
273 
scribed in this subparagraph is the following: ‘I 
am llllllll, and I approve this mes-
sage.’, with the blank filled in with the name of 
the applicable individual. 
‘‘(B) ORGANIZATIONAL DISCLOSURE STATE-
MENTS.—The organizational disclosure statement 
described in this subparagraph is the following: 
‘I 
am 
llllllll, 
the 
llllllll of llllllll, and 
llllllll approves 
this 
message.’, 
with— 
‘‘(i) the first blank to be filled in with 
the name of the applicable individual; 
‘‘(ii) the second blank to be filled in 
with the title of the applicable individual; 
and 
‘‘(iii) the third and fourth blank each 
to be filled in with the name of the organi-
zation or other person paying for the com-
munication. 
‘‘(3) METHOD
OF
CONVEYANCE
OF
STATE-
MENT.— 
‘‘(A) COMMUNICATIONS IN TEXT OR GRAPH-
IC FORMAT.—In the case of a communication to 
which this subsection applies which is trans-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00273
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
274 
mitted in a text or graphic format, the disclosure 
statements required under paragraph (1) shall 
appear in letters at least as large as the majority 
of the text in the communication. 
‘‘(B) COMMUNICATIONS
TRANSMITTED
IN 
AUDIO FORMAT.—In the case of a communica-
tion to which this subsection applies which is 
transmitted in an audio format, the disclosure 
statements required under paragraph (1) shall be 
made by audio by the applicable individual in 
a clear and conspicuous manner. 
‘‘(C) COMMUNICATIONS
TRANSMITTED
IN 
VIDEO FORMAT.—In the case of a communication 
to which this subsection applies which is trans-
mitted in a video format, the information re-
quired under paragraph (1)— 
‘‘(i) shall appear in writing at the end 
of the communication or in a crawl along 
the bottom of the communication in a clear 
and conspicuous manner, with a reasonable 
degree of color contrast between the back-
ground and the printed statement, for a pe-
riod of at least 6 seconds; and 
‘‘(ii) shall also be conveyed by an 
unobscured, full-screen view of the applica-
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00274
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
275 
ble individual or by the applicable indi-
vidual making the statement in voice-over 
accompanied by a clearly identifiable photo-
graph or similar image of the individual, 
except in the case of a Top Five Funders 
list. 
‘‘(4) APPLICABLE
INDIVIDUAL
DEFINED.—The 
term ‘applicable individual’ means, with respect to a 
communication to which this subsection applies— 
‘‘(A) if the communication is paid for by an 
individual, the individual involved; 
‘‘(B) if the communication is paid for by a 
corporation, the chief executive officer of the cor-
poration (or, if the corporation does not have a 
chief executive officer, the highest ranking official 
of the corporation); 
‘‘(C) if the communication is paid for by a 
labor organization, the highest ranking officer of 
the labor organization; and 
‘‘(D) if the communication is paid for by 
any other person, the highest ranking official of 
such person. 
‘‘(5) TOP
FIVE
FUNDERS
LIST
AND
TOP
TWO 
FUNDERS LIST DEFINED.— 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00275
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
276 
‘‘(A) TOP FIVE FUNDERS LIST.—The term 
‘Top Five Funders list’ means, with respect to a 
communication which is paid for in whole or in 
part with a campaign-related disbursement (as 
defined in section 324), a list of the five persons 
who, during the 12-month period ending on the 
date of the disbursement, provided the largest 
payments of any type in an aggregate amount 
equal to or exceeding $10,000 to the person who 
is paying for the communication and the 
amount of the payments each such person pro-
vided. If two or more people provided the fifth 
largest of such payments, the person paying for 
the communication shall select one of those per-
sons to be included on the Top Five Funders list. 
‘‘(B) TOP TWO FUNDERS LIST.—The term 
‘Top Two Funders list’ means, with respect to a 
communication which is paid for in whole or in 
part with a campaign-related disbursement (as 
defined in section 324), a list of the persons who, 
during the 12-month period ending on the date 
of the disbursement, provided the largest and the 
second largest payments of any type in an aggre-
gate amount equal to or exceeding $10,000 to the 
person who is paying for the communication and 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00276
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
277 
the amount of the payments each such person 
provided. If two or more persons provided the 
second largest of such payments, the person pay-
ing for the communication shall select one of 
those persons to be included on the Top Two 
Funders list. 
‘‘(C) EXCLUSION OF CERTAIN PAYMENTS.— 
For purposes of subparagraphs (A) and (B), in 
determining the amount of payments made by a 
person to a person paying for a communication, 
there shall be excluded the following: 
‘‘(i) Any amounts provided in the or-
dinary course of any trade or business con-
ducted by the person paying for the commu-
nication or in the form of investments in 
the person paying for the communication. 
‘‘(ii) Any payment which the person 
prohibited, in writing, from being used for 
campaign-related disbursements, but only if 
the person paying for the communication 
agreed to follow the prohibition and depos-
ited the payment in an account which is 
segregated from any account used to make 
campaign-related disbursements. 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00277
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
278 
‘‘(6) SPECIAL RULES FOR CERTAIN COMMUNICA-
TIONS.— 
‘‘(A) EXCEPTION
FOR
COMMUNICATIONS 
PAID FOR BY POLITICAL PARTIES AND CERTAIN 
POLITICAL
COMMITTEES.—This subsection does 
not apply to any communication to which sub-
section (d)(2) applies. 
‘‘(B) TREATMENT
OF
VIDEO
COMMUNICA-
TIONS LASTING 10 SECONDS OR LESS.—In the 
case of a communication to which this subsection 
applies which is transmitted in a video format, 
or is an Internet or digital communication 
which is transmitted in a text or graphic format, 
the communication shall meet the following re-
quirements: 
‘‘(i) The communication shall include 
the individual disclosure statement de-
scribed in paragraph (2)(A) (if the person 
paying for the communication is an indi-
vidual) or the organizational disclosure 
statement described in paragraph (2)(B) (if 
the person paying for the communication is 
not an individual). 
‘‘(ii) The statement described in clause 
(i) shall appear in writing at the end of the 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00278
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
291 
Subtitle I—Severability 
SEC. 4801. SEVERABILITY. 
If any provision of this title or amendment made by 
this title, or the application of a provision or amendment 
to any person or circumstance, is held to be unconstitu-
tional, the remainder of this title and amendments made 
by this title, and the application of the provisions and 
amendment to any person or circumstance, shall not be af-
fected by the holding. 
TITLE V—CAMPAIGN FINANCE 
EMPOWERMENT 
Subtitle A—Findings Relating to Citizens United Decision 
Sec. 5001. Findings relating to Citizens United decision. 
Subtitle B—Congressional Elections 
Sec. 5100. Short title. 
PART 1—MY VOICE VOUCHER PILOT PROGRAM 
Sec. 5101. Establishment of pilot program. 
Sec. 5102. Voucher program described. 
Sec. 5103. Reports. 
Sec. 5104. Definitions. 
PART 2—SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS 
Sec. 5111. Benefits and eligibility requirements for candidates. 
‘‘TITLE V—SMALL DOLLAR FINANCING OF CONGRESSIONAL 
ELECTION CAMPAIGNS 
‘‘Subtitle A—Benefits 
‘‘Sec. 501. Benefits for participating candidates. 
‘‘Sec. 502. Procedures for making payments. 
‘‘Sec. 503. Use of funds. 
‘‘Sec. 504. Qualified small dollar contributions described. 
‘‘Subtitle B—Eligibility and Certification 
‘‘Sec. 511. Eligibility. 
‘‘Sec. 512. Qualifying requirements. 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00291
Fmt 6652
Sfmt 6213
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS
309 
(b) DEFINITIONS RELATING
TO PERIODS.—In this 
part, the following definitions apply: 
(1) PROGRAM APPLICATION PERIOD.—The term 
‘‘program application period’’ means the first election 
cycle which begins after the date of the enactment of 
this Act. 
(2) PROGRAM PREPARATION PERIOD.—The term 
‘‘program preparation period’’ means the first elec-
tion cycle which begins after the program application 
period. 
(3) PROGRAM
OPERATION
PERIOD.—The term 
‘‘program operation period’’ means the first 2 election 
cycles which begin after the program preparation pe-
riod. 
PART 2—SMALL DOLLAR FINANCING OF 
CONGRESSIONAL ELECTION CAMPAIGNS 
SEC. 5111. BENEFITS AND ELIGIBILITY REQUIREMENTS FOR 
CANDIDATES. 
The Federal Election Campaign Act of 1971 (52 
U.S.C. 30101 et seq.) is amended by adding at the end the 
following: 
VerDate Sep 11 2014 
01:44 Mar 05, 2019
Jkt 089200
PO 00000
Frm 00309
Fmt 6652
Sfmt 6203
E:\BILLS\H1.RH
H1
pamtmann on DSKBFK8HB2PROD with BILLS