IB 
★
Union Calendar No. 196 
116TH CONGRESS 
1ST SESSION H. R. 4617 
[Report No. 116–246, Part I] 
To amend the Federal Election Campaign Act of 1971 to clarify the obligation 
to report acts of foreign election influence and require implementation 
of compliance and reporting systems by Federal campaigns to detect 
and report such acts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2019 
Ms. LOFGREN (for herself, Mr. SARBANES, Mr. RASKIN, Mrs. DAVIS of Cali-
fornia, Mr. BUTTERFIELD, Ms. FUDGE, Mr. AGUILAR, Mr. NADLER, Mrs. 
MURPHY of Florida, Mr. MCEACHIN, Mr. MALINOWSKI, and Mr. KIL-
MER) introduced the following bill; which was referred to the Committee 
on House Administration, and in addition to the Committee on the Judi-
ciary, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
OCTOBER 21, 2019 
Additional sponsors: Ms. BONAMICI, Ms. HAALAND, Ms. ESCOBAR, Ms. NOR-
TON, Mr. PHILLIPS, Ms. WILD, Ms. LEE of California, Mrs. BUSTOS, Mr. 
SUOZZI, Mr. VEASEY, Mr. MORELLE, Mr. CA´RDENAS, Mr. CISNEROS, Mr. 
WELCH, Mr. LANGEVIN, Mr. EVANS, Mr. RYAN, Mr. BLUMENAUER, Mr. 
PALLONE, Mr. COX of California, Ms. TLAIB, Mr. RUSH, Ms. JACKSON 
LEE, Mrs. NAPOLITANO, Mr. SEAN PATRICK MALONEY of New York, Mr. 
LYNCH, Mr. CARBAJAL, Mr. DEUTCH, Mr. COOPER, Mr. VELA, Mr. 
KRISHNAMOORTHI, Mr. MICHAEL
F. DOYLE
of Pennsylvania, Mr. 
CASTEN of Illinois, Mr. ESPAILLAT, Ms. DEAN, Ms. HOULAHAN, Mrs. 
KIRKPATRICK, Ms. CRAIG, Mr. GALLEGO, Mr. SABLAN, Mr. CICILLINE, 
Mr. CRIST, Mr. NEAL, Mrs. MCBATH, Ms. SLOTKIN, Ms. WASSERMAN 
SCHULTZ, Mr. LUJA´N, Mr. PANETTA, Mr. NORCROSS, Mr. GARCI´A of Illi-
nois, Mr. HIGGINS of New York, Mr. DANNY K. DAVIS of Illinois, Mr. 
MEEKS, Mr. MCGOVERN, Mr. HASTINGS, Mr. KILDEE, Mr. GRIJALVA, 
Mr. CASE, Ms. SHALALA, Mr. ROUDA, Mr. LOWENTHAL, Mr. KENNEDY, 
Mr. COURTNEY, Mr. PAPPAS, Mr. KIND, Mr. THOMPSON of California, 
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Ms. ROYBAL-ALLARD, Mr. DEFAZIO, Ms. SCANLON, Ms. MENG, Ms. 
VELA´ZQUEZ, Mr. TED LIEU of California, Ms. KENDRA S. HORN of 
Oklahoma, Ms. GARCIA of Texas, Mr. GONZALEZ of Texas, Mr. QUIGLEY, 
Mrs. LAWRENCE, Mr. COSTA, Miss RICE of New York, Mr. PRICE of 
North Carolina, Mrs. TORRES of California, Mrs. WATSON COLEMAN, Mr. 
BROWN of Maryland, Ms. SPANBERGER, Ms. SCHRIER, Ms. CASTOR of 
Florida, Mr. LARSEN of Washington, Mr. JOHNSON of Georgia, Mr. 
PERLMUTTER, Mr. DAVID
SCOTT
of Georgia, Mr. CORREA, Mr. 
SWALWELL of California, Ms. KUSTER of New Hampshire, Mr. GOLDEN, 
Ms. MCCOLLUM, Mr. VAN DREW, Ms. PINGREE, Mrs. DEMINGS, Ms. 
WEXTON, Mrs. FLETCHER, Ms. STEVENS, Mr. LIPINSKI, Mr. PETERS, 
Mr. SOTO, Mr. YARMUTH, Mr. SCHNEIDER, Mr. ALLRED, Ms. SCHA-
KOWSKY, Mr. TRONE, Mr. GOMEZ, Mrs. LOWEY, Mr. MOULTON, Mr. 
O’HALLERAN, Mr. FOSTER, Ms. BROWNLEY of California, Ms. UNDER-
WOOD, Mrs. AXNE, Ms. CLARKE of New York, Ms. SPEIER, Mr. COHEN, 
Mr. KIM, Mr. BERA, Mr. BRENDAN F. BOYLE of Pennsylvania, Mrs. LEE 
of Nevada, Mr. SMITH of Washington, and Ms. CLARK of Massachusetts 
OCTOBER 21, 2019 
Reported from the Committee on House Administration with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
OCTOBER 21, 2019 
Committee on the Judiciary discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on October 8, 2019] 
A BILL 
To amend the Federal Election Campaign Act of 1971 to 
clarify the obligation to report acts of foreign election 
influence and require implementation of compliance and 
reporting systems by Federal campaigns to detect and 
report such acts, and for other purposes. 
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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 
‘‘Stopping Harmful Interference in Elections for a Lasting 
Democracy Act’’ or the ‘‘SHIELD Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—ENHANCED REPORTING REQUIREMENTS 
Subtitle A—Establishing Duty to Report Foreign Election Interference 
Sec. 101. Federal campaign reporting of foreign contacts. 
Sec. 102. Federal campaign foreign contact reporting compliance system. 
Sec. 103. Criminal penalties. 
Sec. 104. Rule of construction. 
Subtitle B—Strengthening Oversight of Online Political Advertising 
Sec. 111. Short title. 
Sec. 112. Purpose. 
Sec. 113. Expansion of definition of public communication. 
Sec. 114. Expansion of definition of electioneering communication. 
Sec. 115. Application of disclaimer statements to online communications. 
Sec. 116. Political record requirements for online platforms. 
Sec. 117. Preventing contributions, expenditures, independent expenditures, and 
disbursements for electioneering communications by foreign na-
tionals in the form of online advertising. 
TITLE II—CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN 
NATIONALS IN ELECTIONS 
Sec. 201. Clarification of prohibition on participation by foreign nationals in 
election-related activities. 
Sec. 202. Clarification of application of foreign money ban to certain disburse-
ments and activities. 
Sec. 203. Audit and report on illicit foreign money in Federal elections. 
Sec. 204. Prohibition on contributions and donations by foreign nationals in con-
nections with ballot initiatives and referenda. 
Sec. 205. Expansion of limitations on foreign nationals participating in political 
advertising. 
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TITLE III—DETERRING FOREIGN INTERFERENCE IN ELECTIONS 
Subtitle A—Deterrence Under Federal Election Campaign Act of 1971 
Sec. 301. Restrictions on exchange of campaign information between candidates 
and foreign powers. 
Sec. 302. Clarification of standard for determining existence of coordination be-
tween campaigns and outside interests. 
Subtitle B—[Reserved] 
TITLE IV—MISCELLANEOUS PROVISIONS 
Sec. 401. Effective dates of provisions. 
Sec. 402. Severability. 
TITLE I—ENHANCED REPORTING 
REQUIREMENTS 
Subtitle A—Establishing Duty to 
Report Foreign Election Inter-
ference 
SEC. 101. FEDERAL CAMPAIGN REPORTING OF FOREIGN 
CONTACTS. 
(a) INITIAL NOTICE.— 
(1) IN GENERAL.—Section 304 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30104) is 
amended by adding at the end the following new sub-
section: 
‘‘(j) DISCLOSURE
OF REPORTABLE FOREIGN CON-
TACTS.— 
‘‘(1) COMMITTEE OBLIGATION TO NOTIFY.—Not 
later than 1 week after a reportable foreign contact, 
each political committee shall notify the Federal Bu-
reau of Investigation and the Commission of the re-
portable foreign contact and provide a summary of 
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the circumstances with respect to such reportable for-
eign contact. 
‘‘(2) INDIVIDUAL OBLIGATION TO NOTIFY.—Not 
later than 3 days after a reportable foreign contact— 
‘‘(A) each candidate shall notify the treas-
urer or other designated official of the principal 
campaign committee of such candidate of the re-
portable foreign contact and provide a summary 
of the circumstances with respect to such report-
able foreign contact; and 
‘‘(B) each official, employee, or agent of a 
political committee shall notify the treasurer or 
other designated official of the committee of the 
reportable foreign contact and provide a sum-
mary of the circumstances with respect to such 
reportable foreign contact. 
‘‘(3) REPORTABLE FOREIGN CONTACT.—In this 
subsection: 
‘‘(A) IN
GENERAL.—The term ‘reportable 
foreign contact’ means any direct or indirect 
contact or communication that— 
‘‘(i) is between— 
‘‘(I) a candidate, a political com-
mittee, or any official, employee, or 
agent of such committee; and 
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‘‘(II) an individual that the per-
son described in subclause (I) knows, 
has reason to know, or reasonably be-
lieves is a covered foreign national; 
and 
‘‘(ii) the person described in clause 
(i)(I) knows, has reason to know, or reason-
ably believes involves— 
‘‘(I) an offer or other proposal for 
a contribution, donation, expenditure, 
disbursement, or solicitation described 
in section 319; or 
‘‘(II) coordination or collabora-
tion with, an offer or provision of in-
formation or services to or from, or 
persistent and repeated contact with, a 
covered foreign national in connection 
with an election. 
‘‘(B) EXCEPTION.—The term ‘reportable for-
eign contact’ shall not include any contact or 
communication with a covered foreign national 
by an elected official or an employee of an elect-
ed official solely in an official capacity as such 
an official or employee. For purposes of the pre-
vious sentence, a contact or communication by 
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an elected official or an employee of an elected 
official shall not be considered to be made solely 
in an official capacity if the contact or commu-
nication involves a contribution, donation, ex-
penditure, disbursement, or solicitation described 
in section 319. 
‘‘(C) COVERED
FOREIGN
NATIONAL
DE-
FINED.— 
‘‘(i) IN GENERAL.—In this paragraph, 
the term ‘covered foreign national’ means— 
‘‘(I) a foreign principal (as de-
fined in section 1(b) of the Foreign 
Agents Registration Act of 1938 (22 
U.S.C. 611(b)) that is a government of 
a foreign country or a foreign political 
party; 
‘‘(II) any person who acts as an 
agent, 
representative, 
employee, 
or 
servant, or any person who acts in any 
other capacity at the order, request, or 
under the direction or control, of a for-
eign principal described in subclause 
(I) or of a person any of whose activi-
ties are directly or indirectly super-
vised, directed, controlled, financed, or 
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subsidized in whole or in major part 
by a foreign principal described in 
subclause (I); or 
‘‘(III) any person included in the 
list of specially designated nationals 
and blocked persons maintained by the 
Office of Foreign Assets Control of the 
Department of the Treasury pursuant 
to authorities relating to the imposi-
tion of sanctions relating to the con-
duct of a foreign principal described in 
subclause (I). 
‘‘(ii) CLARIFICATION
REGARDING
AP-
PLICATION
TO
CITIZENS
OF
THE
UNITED 
STATES.—In the case of a citizen of the 
United States, subclause (II) of clause (i) 
applies only to the extent that the person 
involved acts within the scope of that per-
son’s status as the agent of a foreign prin-
cipal described in subclause (I) of clause 
(i).’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall apply with respect to reportable 
foreign contacts which occur on or after the date of 
the enactment of this Act. 
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(b) INFORMATION INCLUDED ON REPORT.— 
(1) IN GENERAL.—Section 304(b) of such Act (52 
U.S.C. 30104(b)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (7); 
(B) by striking the period at the end of 
paragraph (8) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(9) for any reportable foreign contact (as de-
fined in subsection (j)(3))— 
‘‘(A) the date, time, and location of the con-
tact; 
‘‘(B) the date and time of when a des-
ignated official of the committee was notified of 
the contact; 
‘‘(C) the identity of individuals involved; 
and 
‘‘(D) a description of the contact, including 
the nature of any contribution, donation, ex-
penditure, disbursement, or solicitation involved 
and the nature of any activity described in sub-
section (j)(3)(A)(ii)(II) involved.’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall apply with respect to reports 
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filed on or after the expiration of the 60-day period 
which begins on the date of the enactment of this Act. 
SEC. 102. FEDERAL CAMPAIGN FOREIGN CONTACT REPORT-
ING COMPLIANCE SYSTEM. 
(a) IN GENERAL.—Section 302 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30102) is amended by 
adding at the end the following new subsection: 
‘‘(j) REPORTABLE FOREIGN CONTACTS COMPLIANCE 
POLICY.— 
‘‘(1) REPORTING.—Each political committee 
shall establish a policy that requires all officials, em-
ployees, and agents of such committee to notify the 
treasurer or other appropriate designated official of 
the committee of any reportable foreign contact (as 
defined in section 304(j)) not later than 3 days after 
such contact was made. 
‘‘(2) 
RETENTION
AND
PRESERVATION
OF 
RECORDS.—Each political committee shall establish a 
policy that provides for the retention and preserva-
tion of records and information related to reportable 
foreign contacts (as so defined) for a period of not less 
than 3 years. 
‘‘(3) CERTIFICATION.— 
‘‘(A) IN GENERAL.—Upon filing its state-
ment of organization under section 303(a), and 
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with each report filed under section 304(a), the 
treasurer of each political committee (other than 
an authorized committee) shall certify that— 
‘‘(i) the committee has in place policies 
that meet the requirements of paragraphs 
(1) and (2); 
‘‘(ii) the committee has designated an 
official to monitor compliance with such 
policies; and 
‘‘(iii) not later than 1 week after the 
beginning of any formal or informal affili-
ation with the committee, all officials, em-
ployees, and agents of such committee 
will— 
‘‘(I) receive notice of such policies; 
‘‘(II) be informed of the prohibi-
tions under section 319; and 
‘‘(III) sign a certification affirm-
ing their understanding of such poli-
cies and prohibitions. 
‘‘(B) AUTHORIZED COMMITTEES.—With re-
spect to an authorized committee, the candidate 
shall make the certification required under sub-
paragraph (A).’’. 
(b) EFFECTIVE DATE.— 
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(1) IN GENERAL.—The amendment made by sub-
section (a) shall apply with respect to political com-
mittees which file a statement of organization under 
section 303(a) of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30103(a)) on or after the date of 
the enactment of this Act. 
(2) TRANSITION RULE FOR EXISTING COMMIT-
TEES.—Not later than 30 days after the date of the 
enactment of this Act, each political committee under 
the Federal Election Campaign Act of 1971 shall file 
a certification with the Federal Election Commission 
that the committee is in compliance with the require-
ments of section 302(j) of such Act (as added by sub-
section (a)). 
SEC. 103. CRIMINAL PENALTIES. 
Section 309(d)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by adding 
at the end the following new subparagraphs: 
‘‘(E) Any person who knowingly and willfully commits 
a violation of subsection (j) or (b)(9) of section 304 or sec-
tion 302(j) shall be fined not more than $500,000, impris-
oned not more than 5 years, or both. 
‘‘(F) Any person who knowingly and willfully conceals 
or destroys any materials relating to a reportable foreign 
contact (as defined in section 304(j)) shall be fined not more 
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than $1,000,000, imprisoned not more than 5 years, or 
both.’’. 
SEC. 104. RULE OF CONSTRUCTION. 
Nothing in this subtitle or the amendments made by 
this subtitle shall be construed— 
(1) to impede legitimate journalistic activities; 
or 
(2) to impose any additional limitation on the 
right to express political views or to participate in 
public discourse of any individual who— 
(A) resides in the United States; 
(B) is not a citizen of the United States or 
a national of the United States, as defined in 
section 101(a)(22) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(22)); and 
(C) is not lawfully admitted for permanent 
residence, as defined by section 101(a)(20) of the 
Immigration and Nationality Act (8 U.S.C. 
1101(a)(20)). 
Subtitle 
B—Strengthening 
Over-
sight of Online Political Adver-
tising 
SEC. 111. SHORT TITLE. 
This subtitle may be cited as the ‘‘Honest Ads Act’’. 
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SEC. 112. 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. 113. 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)(v), by striking ‘‘on 
broadcasting stations, or in newspapers, magazines, 
or similar types of general public political adver-
tising’’ and inserting ‘‘in any public communica-
tion’’; and 
(2) in paragraph (9)(B)— 
(A) by amending clause (i) to read as fol-
lows: 
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‘‘(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-
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-
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door advertising facility, mailing, or any other type 
of general public political advertising’’ and inserting 
‘‘solicits any contribution through any public commu-
nication’’. 
SEC. 114. EXPANSION OF DEFINITION OF ELECTIONEERING 
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 
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an online platform (as defined in subsection 
(k)(3)).’’. 
(2) NONAPPLICATION OF RELEVANT ELECTORATE 
TO
ONLINE
COMMUNICATIONS.—Section 
304(f)(3)(A)(i)(III) 
of 
such 
Act 
(52 
U.S.C. 
30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any 
broadcast, cable, or satellite’’ before ‘‘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. 
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SEC. 115. 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— 
(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 communication to which 
this section applies which is a qualified internet or 
digital 
communication 
(as 
defined 
in 
section 
304(f)(3)(D)) which is disseminated through a me-
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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 
‘‘(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 a 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 
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‘‘(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-
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).’’. 
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(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-
nications (as defined in section 304(f)(3)(D) of the 
Federal Election Campaign Act of 1971, as added by 
this Act). 
(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)— 
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(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’’. 
SEC. 116. POLITICAL RECORD REQUIREMENTS FOR ONLINE 
PLATFORMS. 
(a) IN GENERAL.—Section 304 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30104), as amended by 
section 101(a), is further amended by adding at the end 
the following new subsection: 
‘‘(k) 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. 
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‘‘(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). 
‘‘(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 
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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 
‘‘(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. 
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‘‘(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 
‘‘(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 
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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-
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(k) 
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; 
(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(k) of such Act (as added by subsection (a)). 
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(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(k) of 
the Federal Election Campaign Act of 1971, as added 
by subsection (a); 
(2) recommendations for any modifications to 
such section to assist in carrying out its purposes; 
and 
(3) identifying ways to bring transparency and 
accountability to political advertisements distributed 
online for free. 
SEC. 117. 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) is amended by adding at the end 
the following new subsection: 
‘‘(c) RESPONSIBILITIES
OF BROADCAST STATIONS, 
PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND 
ONLINE PLATFORMS.— 
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‘‘(1) RESPONSIBILITIES DESCRIBED.—Each tele-
vision or radio broadcast station, provider of cable or 
satellite television, or online platform (as defined in 
section 304(k)(3)) shall make reasonable efforts to en-
sure that communications described in section 318(a) 
and made available by such station, provider, or plat-
form are not purchased by a foreign national, directly 
or indirectly. For purposes of the previous sentence, 
a station, provider, or online platform shall not be 
considered to have made reasonable efforts under this 
paragraph in the case of the availability of a commu-
nication unless the station, provider, or online plat-
form directly inquires from the individual or entity 
making such purchase whether the purchase is to be 
made by a foreign national, directly or indirectly. 
‘‘(2) SPECIAL RULES FOR DISBURSEMENT PAID 
WITH CREDIT CARD.—For purposes of paragraph (1), 
a television or radio broadcast station, provider of 
cable or satellite television, or online platform shall be 
considered to have made reasonable efforts under such 
paragraph in the case of a purchase of the avail-
ability of a communication which is made with a 
credit card if— 
‘‘(A) the individual or entity making such 
purchase is required, at the time of making such 
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purchase, to disclose the credit verification value 
of such credit card; and 
‘‘(B) the billing address associated with 
such credit card is located in the United States 
or, in the case of a purchase made by an indi-
vidual who is a United States citizen living out-
side of the United States, the individual provides 
the television or radio broadcast station, pro-
vider of cable or satellite television, or online 
platform with the United States mailing address 
the individual uses for voter registration pur-
poses.’’. 
TITLE II—CLOSING LOOPHOLES 
ALLOWING 
SPENDING 
BY 
FOREIGN 
NATIONALS 
IN 
ELECTIONS 
SEC. 201. CLARIFICATION OF PROHIBITION ON PARTICIPA-
TION BY FOREIGN NATIONALS IN ELECTION- 
RELATED ACTIVITIES. 
(a) CLARIFICATION OF PROHIBITION.—Section 319(a) 
of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121(a)) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph (1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and 
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(3) by adding at the end the following new para-
graph: 
‘‘(3) a foreign national to direct, dictate, control, 
or directly or indirectly participate in the decision 
making process of any person (including a corpora-
tion, labor organization, political committee, or polit-
ical organization) with regard to such person’s Fed-
eral or non-Federal election-related activity, includ-
ing any decision concerning the making of contribu-
tions, donations, expenditures, or disbursements in 
connection with an election for any Federal, State, or 
local office or any decision concerning the adminis-
tration of a political committee.’’. 
(b) CERTIFICATION OF COMPLIANCE.—Section 319 of 
such Act (52 U.S.C. 30121), as amended by section 117, 
is further amended by adding at the end the following new 
subsection: 
‘‘(d) CERTIFICATION
OF
COMPLIANCE
REQUIRED 
PRIOR TO CARRYING OUT ACTIVITY.—Prior to the making 
in connection with an election for Federal office of any con-
tribution, donation, expenditure, independent expenditure, 
or disbursement for an electioneering communication by a 
corporation, labor organization (as defined in section 
316(b)), limited liability corporation, or partnership dur-
ing a year, the chief executive officer of the corporation, 
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labor organization, limited liability corporation, or part-
nership (or, if the corporation, labor organization, limited 
liability corporation, or partnership does not have a chief 
executive officer, the highest ranking official of the corpora-
tion, labor organization, limited liability corporation, or 
partnership), shall file a certification with the Commission, 
under penalty of perjury, that a foreign national did not 
direct, dictate, control, or directly or indirectly participate 
in the decision making process relating to such activity in 
violation of subsection (a)(3), unless the chief executive offi-
cer has previously filed such a certification during that cal-
endar 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. 
SEC. 202. 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 Cam-
paign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended 
by striking the semicolon and inserting the following: ‘‘, in-
cluding any disbursement to a political committee which 
accepts donations or contributions that do not comply with 
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the limitations, prohibitions, and reporting 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);’’. 
(b) CONDITIONS UNDER WHICH CORPORATE PACS 
MAY MAKE CONTRIBUTIONS AND EXPENDITURES.—Section 
316(b) of such Act (52 U.S.C. 30118(b)) is amended by add-
ing 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 par-
ticipates in any way in the decisionmaking processes 
of the fund with regard to contributions or expendi-
tures 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 expendi-
tures made by the fund. 
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‘‘(D) Any member of the board of directors of the 
corporation who is a foreign national under section 
319 abstains from voting on matters concerning the 
fund or its activities.’’. 
SEC. 203. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY 
IN FEDERAL ELECTIONS. 
(a) IN GENERAL.—Title III of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is amended 
by inserting after section 319 the following new section: 
‘‘SEC. 319A. AUDIT AND REPORT ON DISBURSEMENTS BY 
FOREIGN NATIONALS. 
‘‘(a) AUDIT.— 
‘‘(1) IN GENERAL.—The Commission shall con-
duct an audit after each Federal election cycle to de-
termine the incidence of illicit foreign money in such 
Federal election cycle. 
‘‘(2) PROCEDURES.—In carrying out paragraph 
(1), the Commission shall conduct random audits of 
any disbursements required to be reported under this 
Act, in accordance with procedures established by the 
Commission. 
‘‘(b) REPORT.—Not later than 180 days after the end 
of each Federal election cycle, the Commission shall submit 
to Congress a report containing— 
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