I 
115TH CONGRESS 
2D SESSION 
H. R. 6239 
To amend the Federal Election Campaign Act of 1971 to provide for addi-
tional disclosure requirements for corporations, labor organizations, 
Super PACs and other entities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 27, 2018 
Mr. CICILLINE (for himself, Mr. BEYER, Mr. BRENDAN F. BOYLE of Pennsyl-
vania, Mr. BLUMENAUER, Ms. BROWNLEY of California, Mr. CAPUANO, 
Mr. CARBAJAL, Mr. CARSON of Indiana, Ms. CASTOR of Florida, Mr. 
COHEN, Mr. CONNOLLY, Mr. CRIST, Mr. CUMMINGS, Mrs. DAVIS of Cali-
fornia, Mr. DEFAZIO, Ms. DEGETTE, Ms. DELBENE, Mr. DESAULNIER, 
Mr. DEUTCH, Mr. ESPAILLAT, Ms. ESTY of Connecticut, Mr. EVANS, Ms. 
FRANKEL of Florida, Mr. GENE GREEN of Texas, Mr. GUTIE´RREZ, Mr. 
HASTINGS, Mr. HIMES, Mr. HUFFMAN, Ms. KAPTUR, Mr. KHANNA, Mr. 
KIHUEN, Mr. TED LIEU of California, Mr. LYNCH, Mrs. LOWEY, Mr. 
BEN RAY LUJA´N of New Mexico, Ms. MICHELLE LUJAN GRISHAM of 
New Mexico, Ms. JACKSON LEE, Mr. LANGEVIN, Mr. LARSON of Con-
necticut, Mrs. LAWRENCE, Ms. JAYAPAL, Mr. JEFFRIES, Ms. MATSUI, 
Mr. SEAN PATRICK MALONEY of New York, Mr. MCGOVERN, Ms. MENG, 
Mr. MEEKS, Mr. NADLER, Ms. NORTON, Mr. NORCROSS, Mr. 
O’HALLERAN, Mr. PALLONE, Mr. PANETTA, Mr. PERLMUTTER, Ms. PIN-
GREE, Mr. POCAN, Mr. PRICE of North Carolina, Mr. RASKIN, Miss RICE 
of New York, Mr. RICHMOND, Mr. RYAN of Ohio, Mr. SARBANES, Ms. 
SCHAKOWSKY, Ms. SHEA-PORTER, Mr. SIRES, Mr. SOTO, Ms. SPEIER, 
Mr. SWALWELL of California, Mr. TAKANO, Mr. THOMPSON of California, 
Mr. TONKO, Ms. VELA´ZQUEZ, Ms. WASSERMAN SCHULTZ, Mrs. WATSON 
COLEMAN, Mr. WELCH, Ms. WILSON of Florida, Mr. YARMUTH, Ms. 
BONAMICI, Mr. NEAL, Ms. MAXINE WATERS of California, Ms. SEWELL 
of Alabama, Mr. MCNERNEY, Mr. SCHIFF, Mr. HECK, Mrs. NAPOLI-
TANO, Ms. BARRAGA´N, Ms. MCCOLLUM, Ms. CLARK of Massachusetts, 
Mrs. BUSTOS, Mr. CLYBURN, Ms. DELAURO, Ms. ESHOO, Mr. GRIJALVA, 
Mr. HIGGINS of New York, Mr. KILMER, Mrs. CAROLYN B. MALONEY 
of New York, Mr. QUIGLEY, Mr. POLIS, Mr. VARGAS, Mrs. DEMINGS, Mr. 
BERA, Mr. GOMEZ, Mr. KENNEDY, Mr. WALZ, Mr. LOWENTHAL, Mr. 
SCHNEIDER, Ms. HANABUSA, Ms. ROSEN, Ms. ADAMS, Mr. BROWN of 
Maryland, Ms. BASS, Mr. CLEAVER, Mr. COOPER, Mr. GOTTHEIMER, Mr. 
HOYER, Mr. KIND, Mr. LAMB, Mr. LEWIS of Georgia, Mr. MOULTON, 
Mrs. MURPHY of Florida, Mr. PETERSON, Ms. SA´NCHEZ, Mr. SUOZZI, 
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Mr. VEASEY, Mr. AGUILAR, Mr. CA´RDENAS, Mr. ENGEL, Ms. EDDIE 
BERNICE JOHNSON of Texas, Mr. KEATING, Ms. KUSTER of New Hamp-
shire, Mr. LARSEN of Washington, Ms. LEE, Mr. LEVIN, Mr. PETERS, 
Mr. SERRANO, Mrs. TORRES, Ms. PELOSI, Mr. AL GREEN of Texas, Mr. 
GARAMENDI, Mr. ELLISON, Ms. BLUNT ROCHESTER, Ms. CLARKE of 
New York, Ms. MOORE, Mr. RUIZ, Mr. NOLAN, Mrs. DINGELL, Mr. 
LOEBSACK, Ms. JUDY CHU of California, Mr. KILDEE, Mr. O’ROURKE, 
Mr. MCEACHIN, Mr. DELANEY, Ms. GABBARD, Mr. CASTRO of Texas, 
Ms. KELLY of Illinois, Mr. KRISHNAMOORTHI, Mr. LAWSON of Florida, 
Ms. LOFGREN, Mr. SHERMAN, and Mr. CORREA) introduced the following 
bill; which was referred to the Committee on House Administration, and 
in addition to the Committees on Ways and Means, Financial Services, 
and Oversight and Government Reform, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Federal Election Campaign Act of 1971 to 
provide for additional disclosure requirements for cor-
porations, labor organizations, Super PACs and other 
entities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Democracy Is Strengthened by Casting Light On Spend-
ing in Elections Act of 2018’’ or the ‘‘DISCLOSE Act 
of 2018’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—REGULATION OF CERTAIN POLITICAL SPENDING 
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Sec. 101. Application of ban on contributions and expenditures by foreign na-
tionals to domestic corporations that are foreign-controlled, for-
eign-influenced, and foreign-owned. 
Sec. 102. Clarification of application of foreign money ban to certain disburse-
ments and activities. 
TITLE II—CAMPAIGN DISBURSEMENT REPORTING 
Sec. 201. Campaign disbursement reporting. 
Sec. 202. Effective date. 
TITLE III—STAND BY YOUR AD 
Sec. 301. Stand By Your Ad. 
TITLE IV—USE OF FUNDS 
Sec. 401. Repeal of restrictions on use of certain funds. 
TITLE V—OTHER PROVISIONS 
Sec. 501. Severability. 
TITLE I—REGULATION OF 
CERTAIN POLITICAL SPENDING 
SEC. 101. APPLICATION OF BAN ON CONTRIBUTIONS AND 
EXPENDITURES BY FOREIGN NATIONALS TO 
DOMESTIC CORPORATIONS THAT ARE FOR-
EIGN-CONTROLLED, 
FOREIGN-INFLUENCED, 
AND FOREIGN-OWNED. 
(a) APPLICATION OF BAN.—Section 319(b) of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 
30121(b)) 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: 
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‘‘(3) any corporation which is not a foreign na-
tional described in paragraph (1) and— 
‘‘(A) in which a foreign national described 
in paragraph (1) or (2) directly or indirectly 
owns or controls— 
‘‘(i) 5 percent or more of the voting 
shares, if the foreign national is a foreign 
country, a foreign government official, or a 
corporation principally owned or controlled 
by a foreign country or foreign government 
official; or 
‘‘(ii) 20 percent or more of the voting 
shares, if the foreign national is not de-
scribed in clause (i); 
‘‘(B) in which two or more foreign nation-
als described in paragraph (1) or (2), each of 
whom owns or controls at least 5 percent of the 
voting shares, directly or indirectly own or con-
trol 50 percent or more of the voting shares; 
‘‘(C) over which one or more foreign na-
tionals described in paragraph (1) or (2) has 
the power to direct, dictate, or control the deci-
sionmaking process of the corporation with re-
spect to its interests in the United States; or 
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‘‘(D) over which one or more foreign na-
tionals described in paragraph (1) or (2) has 
the power to direct, dictate, or control the deci-
sionmaking process of the corporation with re-
spect to activities in connection with a Federal, 
State, or local election, including— 
‘‘(i) the making of a contribution, do-
nation, expenditure, independent expendi-
ture, or disbursement for an electioneering 
communication (within the meaning of sec-
tion 304(f)(3)); or 
‘‘(ii) the administration of a political 
committee established or maintained by the 
corporation.’’. 
(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 during a year, the chief executive officer 
of the corporation (or, if the corporation does not have 
a chief executive officer, the highest ranking official of the 
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corporation), shall file a certification with the Commission, 
under penalty of perjury, that the corporation is not pro-
hibited from carrying out such activity under subsection 
(b)(3), unless the chief executive 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 
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. 102. CLARIFICATION OF APPLICATION OF FOREIGN 
MONEY BAN TO CERTAIN DISBURSEMENTS 
AND ACTIVITIES. 
(a) APPLICATION
TO DISBURSEMENTS
TO SUPER 
PACS.—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 fol-
lowing: ‘‘, including any disbursement to a political com-
mittee which accepts donations or contributions that do 
not comply with the limitations, prohibitions, and report-
ing requirements of this Act (or any disbursement to or 
on behalf of any account of a political committee which 
is established for the purpose of accepting such donations 
or contributions);’’. 
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(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: 
‘‘(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.’’. 
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TITLE II—CAMPAIGN 
DISBURSEMENT REPORTING 
SEC. 201. CAMPAIGN DISBURSEMENT REPORTING. 
(a) INFORMATION REQUIRED TO BE REPORTED.— 
(1) TREATMENT OF FUNCTIONAL EQUIVALENT 
OF EXPRESS ADVOCACY AS INDEPENDENT EXPENDI-
TURE.—Subparagraph (A) of section 301(17) of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 
30101(17)) is amended to read as follows: 
‘‘(A) that expressly advocates the election 
or defeat of a clearly identified candidate, or is 
the functional equivalent of express advocacy 
because, when taken as a whole, it can be inter-
preted by a reasonable person only as advo-
cating the election or defeat of a candidate, tak-
ing into account whether the communication in-
volved mentions a candidacy, a political party, 
or a challenger to a candidate, or takes a posi-
tion on a candidate’s character, qualifications, 
or fitness for office; and’’. 
(2) EXPANSION
OF
PERIOD
DURING
WHICH 
COMMUNICATIONS
ARE
TREATED
AS
ELECTION-
EERING COMMUNICATIONS.—Section 304(f)(3)(A)(i) 
of such Act (52 U.S.C. 30104(f)(3)(A)(i)) is amend-
ed— 
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(A) by redesignating subclause (III) as 
subclause (IV); and 
(B) by striking subclause (II) and insert-
ing the following: 
‘‘(II) in the case of a communica-
tion which refers to a candidate for an 
office other than the President or Vice 
President, is made during the period 
beginning on January 1 of the cal-
endar year in which a general or run-
off election is held and ending on the 
date of the general or runoff election 
(or in the case of a special election, 
during the period beginning on the 
date on which the announcement with 
respect to such election is made and 
ending on the date of the special elec-
tion); 
‘‘(III) in the case of a commu-
nication which refers to a candidate 
for the office of President or Vice 
President, is made in any State dur-
ing the period beginning 120 days be-
fore the first primary election, caucus, 
or preference election held for the se-
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lection of delegates to a national 
nominating convention of a political 
party is held in any State (or, if no 
such election or caucus is held in any 
State, the first convention or caucus 
of a political party which has the au-
thority to nominate a candidate for 
the office of President or Vice Presi-
dent) and ending on the date of the 
general election; and’’. 
(3) EFFECTIVE DATE; TRANSITION FOR ELEC-
TIONEERING COMMUNICATIONS MADE PRIOR TO EN-
ACTMENT.—The amendment made by paragraph (2) 
shall apply with respect to communications made on 
or after January 1, 2019, except that no commu-
nication which is made prior to such date shall be 
treated as an electioneering communication under 
subclause (II) or (III) of section 304(f)(3)(A)(i) of 
the Federal Election Campaign Act of 1971 (as 
amended by paragraph (2)) unless the communica-
tion would be treated as an electioneering commu-
nication under such section if the amendment made 
by paragraph (2) did not apply. 
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(b) 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 
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 
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. 
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‘‘(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-
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. 
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‘‘(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 
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 dis-
bursement is not made in cooperation, consulta-
tion, or concert with or at the request or sug-
gestion of a candidate, authorized committee, or 
agent of a candidate, political party, or agent of 
a political party. 
‘‘(E) 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 
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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 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 
reporting cycle and ending on the disclosure 
date. 
‘‘(F) If the covered organization makes 
campaign-related disbursements using funds 
other than funds in a segregated bank account 
described in subparagraph (E), for each pay-
ment to the covered organization— 
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‘‘(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 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 
during the period beginning on the first day of 
the election reporting cycle and ending on the 
disclosure date. 
‘‘(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-
clude in a statement filed under paragraph (1) 
the information described in paragraph (2) 
shall not apply to amounts received by the cov-
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ered organization in commercial transactions in 
the ordinary course of any trade or business 
conducted by the covered organization or in the 
form of investments (other than investments by 
the principal shareholder in a limited liability 
corporation) in the covered 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 
‘‘(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) AMOUNTS
RECEIVED
FROM
AFFILI-
ATES.—The requirement to include in a state-
ment submitted under paragraph (1) the infor-
mation described in subparagraph (F) of para-
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graph (2) shall not apply to any amount which 
is described in subsection (f)(3)(A)(i). 
‘‘(4) OTHER
DEFINITIONS.—For purposes of 
this section: 
‘‘(A) BENEFICIAL OWNER DEFINED.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), the term ‘beneficial 
owner’ means, with respect to any entity, 
a natural person who, directly or indi-
rectly— 
‘‘(I) exercises substantial control 
over an entity through ownership, vot-
ing rights, agreement, or otherwise; or 
‘‘(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 
control over or economic benefits from 
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the entity derives solely from the em-
ployment status of the person; 
‘‘(IV) a person whose only inter-
est in an entity is through a right of 
inheritance, unless the person also 
meets the requirements of clause (i); 
or 
‘‘(V) a creditor of an entity, un-
less the creditor also meets the re-
quirements of clause (i). 
‘‘(iii) ANTI-ABUSE RULE.—The excep-
tions under clause (ii) shall not apply if 
used for the purpose of evading, circum-
venting, or abusing the provisions of clause 
(i) or paragraph (2)(A). 
‘‘(B) DISCLOSURE DATE.—The term ‘dis-
closure date’ means— 
‘‘(i) the first date during any election 
reporting cycle by which a person has 
made campaign-related disbursements ag-
gregating 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 
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most recent disclosure date for such elec-
tion reporting 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 COM-
MISSION.—Information included in a statement filed 
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 
subsection (a)(2)(E) may be treated as a separate 
segregated 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 sec-
tion 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. 
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‘‘(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 con-
sisting of a public communication. 
‘‘(B) An electioneering communication, as 
defined in section 304(f)(3). 
‘‘(C) A covered transfer. 
‘‘(2) INTENT NOT REQUIRED.—A disbursement 
for an item described in subparagraph (A), (B), or 
(C) of paragraph (1) shall be treated as a campaign- 
related disbursement regardless of the intent of the 
person making the disbursement. 
‘‘(e) COVERED ORGANIZATION DEFINED.—In this 
section, the term ‘covered organization’ means any of the 
following: 
‘‘(1) A corporation (other than an organization 
described in section 501(c)(3) of the Internal Rev-
enue Code of 1986). 
‘‘(2) A limited liability corporation that is not 
otherwise treated as a corporation for purposes of 
this Act (other than an organization described in 
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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 described 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 
provided in paragraph (6)). 
‘‘(6) A political committee with an account that 
accepts donations or contributions that do not com-
ply with the contribution limits or source prohibi-
tions 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— 
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‘‘(i) campaign-related disbursements 
(other than covered transfers); or 
‘‘(ii) making a transfer to another 
person for the purpose of making or pay-
ing for such campaign-related disburse-
ments; 
‘‘(B) made such transfer or payment in re-
sponse to a solicitation or other request for a 
donation or payment for— 
‘‘(i) the making of or paying for cam-
paign-related disbursements (other than 
covered transfers); or 
‘‘(ii) making a transfer to another 
person for the purpose of making or pay-
ing for such campaign-related disburse-
ments; 
‘‘(C) engaged in discussions with the re-
cipient of the transfer or payment regarding— 
‘‘(i) the making of or paying for cam-
paign-related disbursements (other than 
covered transfers); or 
‘‘(ii) donating or transferring any 
amount of such transfer or payment to an-
other person for the purpose of making or 
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paying for such campaign-related disburse-
ments; 
‘‘(D) made campaign-related disburse-
ments (other than a covered transfer) in an ag-
gregate amount of $50,000 or more during the 
2-year period ending on the date of the transfer 
or payment, or knew or had reason to know 
that the person receiving the transfer or pay-
ment made such disbursements in such an ag-
gregate 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 
organization 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 orga-
nization. 
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‘‘(B) A disbursement made by a covered 
organization if— 
‘‘(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) EXCEPTION
FOR
CERTAIN
TRANSFERS 
AMONG AFFILIATES.— 
‘‘(A) EXCEPTION
FOR
CERTAIN
TRANS-
FERS AMONG AFFILIATES.— 
‘‘(i) IN GENERAL.—The term ‘covered 
transfer’ does not include an amount 
transferred by one covered organization to 
another covered organization if such trans-
fer— 
‘‘(I) is not made directly into a 
separate segregated bank account de-
scribed in subsection (a)(2)(E); and 
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‘‘(II) is treated as a transfer be-
tween affiliates under subparagraph 
(B). 
‘‘(ii) SPECIAL
RULE.—If the aggre-
gate amount of transfers described in 
clause (i) exceeds $50,000 in any election 
reporting cycle— 
‘‘(I) the covered organization 
which makes such transfers shall pro-
vide to the covered organization re-
ceiving such transfers the information 
required under subsection (a)(2)(F) 
(applied by substituting ‘the period 
beginning on the first day of the elec-
tion reporting cycle and ending on the 
date of the most recent transfer de-
scribed in subsection (f)(3)(A)(i)’ for 
‘the period covered by the statement’ 
in clause (i) thereof); and 
‘‘(II) the covered organization re-
ceiving such transfers shall report the 
information described in subclause (I) 
on any statement filed under sub-
section (a)(1) as if any contribution, 
donation, or transfer to which such 
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‘‘(ii) A national or international labor 
organization and its State or local unions, 
or an organization of national or inter-
national unions and its State and local en-
tities. 
‘‘(iii) A corporation and its wholly 
owned subsidiaries. 
‘‘(D) COVERAGE
OF
TRANSFERS
TO
AF-
FILIATED
SECTION
501(c)(3) 
ORGANIZA-
TIONS.—This paragraph shall apply with re-
spect to an amount transferred by a covered or-
ganization to an organization described in para-
graph (3) of section 501(c) of the Internal Rev-
enue Code of 1986 and exempt from tax under 
section 501(a) of such Code in the same man-
ner as this paragraph applies to an amount 
transferred by a covered organization to an-
other covered organization.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
304(f)(6) of such Act (52 U.S.C. 30104) is amended 
by striking ‘‘Any requirement’’ and inserting ‘‘Ex-
cept as provided in section 324(b), any require-
ment’’. 
(3) COORDINATION WITH FINCEN.— 
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(A) IN GENERAL.—The Director of the Fi-
nancial Crimes Enforcement Network of the 
Department of the Treasury shall provide the 
Federal Election Commission with such infor-
mation as necessary to assist in administering 
and enforcing section 324 of the Federal Elec-
tion Campaign Act of 1971, as added by this 
subsection. 
(B) 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 Finan-
cial Crimes Enforcement Network of the De-
partment of the Treasury, shall submit to Con-
gress a report with recommendations for pro-
viding further legislative authority to assist in 
the administration and enforcement of such sec-
tion 324. 
SEC. 202. EFFECTIVE DATE. 
Except as provided in section 201(a)(3), the amend-
ments made by this title shall apply with respect to dis-
bursements made on or after January 1, 2019, and shall 
take effect without regard to whether or not the Federal 
Election Commission has promulgated regulations to carry 
out such amendments. 
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TITLE III—STAND BY YOUR AD 
SEC. 301. STAND BY YOUR AD. 
(a) DISCLAIMER REQUIREMENTS FOR CAMPAIGN-RE-
LATED DISBURSEMENTS.—Section 318(a) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is 
amended by striking ‘‘for the purpose of financing commu-
nications expressly advocating the election or defeat of a 
clearly identified candidate’’ and inserting ‘‘for a cam-
paign-related disbursement, as defined in section 324, con-
sisting of a public communication’’. 
(b) STAND BY YOUR AD REQUIREMENTS.— 
(1) MAINTENANCE OF REQUIREMENTS FOR PO-
LITICAL PARTIES AND CERTAIN POLITICAL COMMIT-
TEES.—Section 318(d)(2) of such Act (52 U.S.C. 
30120(d)(2)) is amended— 
(A) in the heading, by striking ‘‘OTHERS’’ 
and inserting ‘‘CERTAIN
POLITICAL
COMMIT-
TEES’’; 
(B) by striking ‘‘Any communication’’ and 
inserting ‘‘(A) Any communication’’; 
(C) by inserting ‘‘which (except to the ex-
tent provided in the last sentence of this para-
graph) is paid for by a political committee (in-
cluding a political committee of a political 
party) and’’ after ‘‘subsection (a)’’; 
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(D) by striking ‘‘or other person’’ each 
place it appears; and 
(E) by adding at the end the following new 
subparagraph: 
‘‘(B) This paragraph does not apply to a com-
munication paid for in whole or in part with a pay-
ment which is treated as a campaign-related dis-
bursement under section 324 and with respect to 
which a covered organization files a statement under 
such section.’’. 
(2) MODIFICATION OF ADDITIONAL REQUIRE-
MENTS
FOR
CERTAIN
COMMUNICATIONS.—Section 
318(d) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30120(d)) is amended— 
(A) in paragraph (1)(A)— 
(i) by striking ‘‘which is transmitted 
through radio’’ and inserting ‘‘which is in 
an audio format’’; and 
(ii) by striking ‘‘BY
RADIO’’ in the 
heading and inserting ‘‘AUDIO FORMAT’’; 
(B) in paragraph (1)(B)— 
(i) by striking ‘‘which is transmitted 
through television’’ and inserting ‘‘which is 
in video format’’; and 
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(ii) by striking ‘‘BY TELEVISION’’ in 
the heading and inserting ‘‘VIDEO
FOR-
MAT’’; and 
(C) in paragraph (2)— 
(i) by striking ‘‘transmitted through 
radio or television’’ and inserting ‘‘made in 
audio or video format’’; and 
(ii) by striking ‘‘through television’’ in 
the second sentence and inserting ‘‘in video 
format’’. 
(3) SPECIAL DISCLAIMER REQUIREMENTS FOR 
CERTAIN
COMMUNICATIONS.—Section 318 of such 
Act (52 U.S.C. 30120) is amended by adding at the 
end the following new subsection: 
‘‘(e) COMMUNICATIONS BY OTHERS.— 
‘‘(1) IN
GENERAL.—Any communication de-
scribed in paragraph (3) of subsection (a) which is 
transmitted in audio or video format (other than a 
communication to which subsection (d)(2) applies) 
shall include, in addition to the requirements of such 
paragraph, the following: 
‘‘(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-
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scribed in paragraph (2)(B) (if the person pay-
ing for the communication is not an individual). 
‘‘(B) If the communication is transmitted 
in video 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, 
the Top Five Funders list (if applicable), un-
less, on the basis of criteria established in regu-
lations issued by the Commission, the commu-
nication is of such short duration that including 
the Top Five Funders list in the communication 
would constitute a hardship to the person pay-
ing for the communication by requiring a dis-
proportionate amount of the content of the 
communication to consist of the Top Five 
Funders list. 
‘‘(C) If the communication is transmitted 
in audio 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, 
the Top Two Funders list (if applicable), un-
less, on the basis of criteria established in regu-
lations issued by the Commission, the commu-
nication is of such short duration that including 
the Top Two Funders list in the communication 
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would constitute a hardship to the person pay-
ing for the communication by requiring a dis-
proportionate amount of the content of the 
communication to consist of the Top Two 
Funders list. 
‘‘(2) DISCLOSURE STATEMENTS DESCRIBED.— 
‘‘(A) INDIVIDUAL
DISCLOSURE
STATE-
MENTS.—The individual disclosure statement 
described in this subparagraph is the following: 
‘I am llllllll, and I approve this 
message.’, with the blank filled in with the 
name of the applicable individual. 
‘‘(B) 
ORGANIZATIONAL
DISCLOSURE 
STATEMENTS.—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 
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‘‘(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
AUDIO
FOR-
MAT.—In the case of a communication to which 
this subsection applies which is transmitted in 
audio format, the disclosure statements re-
quired under paragraph (1) shall be made by 
audio by the applicable individual in a clearly 
spoken manner. 
‘‘(B) COMMUNICATIONS TRANSMITTED IN 
VIDEO FORMAT.—In the case of a communica-
tion to which this subsection applies which is 
transmitted in 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 
clearly readable manner, with a reasonable 
degree of color contrast between the back-
ground and the printed statement, for a 
period of at least 6 seconds; and 
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‘‘(ii) shall also be conveyed by an 
unobscured, full-screen view of the applica-
ble individual or by the applicable indi-
vidual making the statement in voice-over 
accompanied by a clearly identifiable pho-
tograph or similar image of the individual, 
except in the case of a Top Five Funders 
list. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) APPLICABLE INDIVIDUAL.—The term 
‘applicable individual’ means, with respect to a 
communication to which this subsection ap-
plies— 
‘‘(i) if the communication is paid for 
by an individual, the individual involved; 
‘‘(ii) if the communication is paid for 
by a corporation, the chief executive officer 
of the corporation (or, if the corporation 
does not have a chief executive officer, the 
highest ranking official of the corporation); 
and 
‘‘(iii) if the communication is paid for 
by a labor organization, trade association, 
or any other organization, the highest 
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ranking officer or official of the organiza-
tion. 
‘‘(B) COVERED ORGANIZATION AND CAM-
PAIGN-RELATED
DISBURSEMENT.—The terms 
‘campaign-related disbursement’ and ‘covered 
organization’ have the meaning given such 
terms in section 324. 
‘‘(C) TOP FIVE FUNDERS LIST.—The term 
‘Top Five Funders list’ means, with respect to 
a communication paid for in whole or in part 
with a payment which is treated as a campaign- 
related disbursement under section 324, a list 
of the five persons who provided the largest 
payments of any type in an aggregate amount 
equal to or exceeding $10,000 which are re-
quired under section 324(a) to be included in 
the reports filed by a covered organization with 
respect to such communication during the 12- 
month period ending on the date of the dis-
bursement and the amount of the payments 
each such person provided. If two or more peo-
ple provided the fifth largest of such payments, 
the covered organization involved shall select 
one of those persons to be included on the Top 
Five Funders list. 
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‘‘(D) TOP TWO FUNDERS LIST.—The term 
‘Top Two Funders list’ means, with respect to 
a communication paid for in whole or in part 
with a payment which is treated as a campaign- 
related disbursement under section 324, a list 
of the persons who provided the largest and the 
second largest payments of any type in an ag-
gregate amount equal to or exceeding $10,000 
which are required under section 324(a) to be 
included in the reports filed by a covered orga-
nization with respect to such communication 
during the 12-month period ending on the date 
of the disbursement and the amount of the pay-
ments each such person provided. If two or 
more persons provided the second largest of 
such payments, the covered organization in-
volved shall select one of those persons to be in-
cluded on the Top Two Funders list.’’. 
(4) CLARIFICATION
RELATED
TO
INTERNET 
COMMUNICATIONS.—Section 318 of such Act (52 
U.S.C. 30120), as amended by paragraph (3), is 
amended by adding at the end the following new 
subsection: 
‘‘(f) AUDIO AND VIDEO FORMATS.—For purposes of 
this section, any reference to a communication transmitted 
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in audio format or video format shall include a reference 
to a communication transmitted over the Internet in such 
format.’’. 
(c) DISCLOSURE REQUIREMENTS
FOR CAMPAIGN 
COMMUNICATIONS
MADE
THROUGH
PRERECORDED 
TELEPHONE CALLS.— 
(1) APPLICATION OF REQUIREMENTS.—Section 
318(a) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30120(a)) is amended by inserting 
after ‘‘mailing,’’ each place it appears the following: 
‘‘telephone call which consists in substantial part of 
a prerecorded audio message,’’. 
(2) TREATMENT AS AUDIO COMMUNICATION.— 
(A) COMMUNICATIONS BY CANDIDATES OR 
AUTHORIZED
PERSONS.—Section 318(d)(1) of 
such Act (52 U.S.C. 30120(d)(1)) is amended 
by adding at the end the following new sub-
paragraph: 
‘‘(C) PRERECORDED TELEPHONE CALLS.— 
Any communication described in paragraph (1) 
or (2) of subsection (a) which is a telephone call 
which consists in substantial part of a 
prerecorded audio message shall meet the re-
quirements applicable under subparagraph (A) 
to communications transmitted in an audio for-
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mat, except that the statement required under 
such subparagraph shall be made at the begin-
ning of the telephone call.’’. 
(B) COMMUNICATIONS BY OTHERS.— 
(i) IN
GENERAL.—Section 318(d)(2) 
of such Act (52 U.S.C. 30120(d)(2)), as 
amended by subsection (b)(1), is further 
amended— 
(I) by redesignating subpara-
graph (B) as subparagraph (C); and 
(II) by inserting after subpara-
graph (A) the following new subpara-
graph: 
‘‘(B) Any communication described in para-
graph (3) of subsection (a) which is a telephone call 
which consists in substantial part of a prerecorded 
audio message shall meet the requirements applica-
ble under this paragraph to communications trans-
mitted in an audio format, except that the statement 
required shall be made at the beginning of the tele-
phone call.’’. 
(ii) APPLICATION
OF
SPECIAL
PER-
SONAL DISCLOSURE RULES FOR CERTAIN 
COMMUNICATIONS.—Section 318(e) of such 
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Act, as added by subsection (b)(3), is 
amended— 
(I) in paragraph (1) in the mat-
ter preceding subparagraph (A), by 
striking ‘‘audio or video format’’ and 
inserting ‘‘audio or video format, or 
which is a telephone call which con-
sists 
in 
substantial 
part 
of 
a 
prerecorded audio message,’’; and 
(II) in paragraph (3), by adding 
at the end the following new subpara-
graph: 
‘‘(C) COMMUNICATIONS
MADE
THROUGH 
PRERECORDED TELEPHONE CALLS.—Any com-
munication to which this paragraph applies 
which is a telephone call which consists in sub-
stantial part of a prerecorded audio message 
shall meet the requirements applicable under 
this paragraph to communications transmitted 
in audio format.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to disbursements 
made on or after January 1, 2019. 
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TITLE IV—USE OF FUNDS 
SEC. 401. REPEAL OF RESTRICTIONS ON USE OF CERTAIN 
FUNDS. 
The following provisions of the Consolidated Appro-
priations Act, 2018 are repealed: 
(1) Section 125 of Division E. 
(2) Section 631 of Division E. 
(3) Section 735 of Division E. 
TITLE V—OTHER PROVISIONS 
SEC. 501. SEVERABILITY. 
If any provision of this Act or amendment made by 
this Act, or the application of a provision or amendment 
to any person or circumstance, is held to be unconstitu-
tional, the remainder of this Act and amendments made 
by this Act, and the application of the provisions and 
amendment to any person or circumstance, shall not be 
affected by the holding. 
Æ 
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