439 
election reporting cycle (or, if earlier, the 
period beginning one year before the dis-
closure 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 
reporting cycle (or, if earlier, the period begin-
ning one year before the disclosure date) and 
ending on the disclosure date. 
‘‘(ii) In any calendar year after 2022, 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 estab-
lished 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 described in subsection (b), the ‘base 
period’ shall be 2022. 
‘‘(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 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 (or, if earlier, the 
period beginning one year before the dis-
closure 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 
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. 
‘‘(ii) In any calendar year after 2022, 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 estab-
lished under subsections (a)(1)(A), (a)(1)(B), 
(a)(3), and (h) of such section, except that for 
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441 
purposes of applying such section to the 
amounts described in subsection (b), the ‘base 
period’ shall be 2022. 
‘‘(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-
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. For 
purposes of this subparagraph, amounts re-
ceived by a covered organization as remittances 
from an employee to the employee’s collective 
bargaining representative shall be treated as 
amounts received in commercial transactions in 
the ordinary course of the business conducted 
by the covered organization. 
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442 
‘‘(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) 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 
reprisals. 
‘‘(4) OTHER
DEFINITIONS.—For purposes of 
this section: 
‘‘(A) BENEFICIAL OWNER DEFINED.— 
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‘‘(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 
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 
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444 
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 
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 
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445 
general election for Federal office, except that 
in the case of a campaign-related disbursement 
for a Federal judicial nomination communica-
tion, such term means any calendar year in 
which the campaign-related disbursement is 
made. 
‘‘(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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446 
‘‘(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 
clearly identified candidate for election for Fed-
eral office, or is the functional equivalent of ex-
press advocacy because, when taken as a whole, 
it can be interpreted by a reasonable person 
only as advocating 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). 
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‘‘(D) A Federal judicial nomination com-
munication. 
‘‘(E) A covered transfer. 
‘‘(2) FEDERAL JUDICIAL NOMINATION COMMU-
NICATION.— 
‘‘(A) IN GENERAL.—The term ‘Federal ju-
dicial nomination communication’ means any 
communication— 
‘‘(i) that is by means of any paid 
broadcast, cable, or satellite, paid internet, 
or paid digital communication, paid pro-
motion, newspaper, magazine, outdoor ad-
vertising facility, mass mailing, telephone 
bank, telephone messaging effort of more 
than 500 substantially similar calls or elec-
tronic messages within a 30-day period, or 
any other form of general public political 
advertising; and 
‘‘(ii) that is susceptible to no reason-
able interpretation other than promoting, 
supporting, attacking, or opposing the 
nomination or Senate confirmation of an 
individual as a Federal judge or justice. 
‘‘(B) EXCEPTION.—Such term shall not in-
clude any news story, commentary, or editorial 
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448 
distributed through the facilities of any broad-
casting station or any print, online, or digital 
newspaper, magazine, publication, or periodical, 
unless such facilities are owned or controlled by 
any political party, political committee, or can-
didate. 
‘‘(3) INTENT NOT REQUIRED.—A disbursement 
for an item described in subparagraph (A), (B), (C), 
(D), or (E) of paragraph (1) shall be treated as a 
campaign-related disbursement regardless of the in-
tent 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 
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 
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449 
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— 
‘‘(i) campaign-related disbursements 
(other than covered transfers); or 
‘‘(ii) making a transfer to another 
person for the purpose of making or pay-
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450 
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 
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 
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451 
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. 
‘‘(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 
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452 
‘‘(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 
transfer between affiliates under subparagraph 
(C) shall be considered a covered transfer by 
the covered organization which transfers the 
amount only if the aggregate amount trans-
ferred during the year by such covered organi-
zation to that same covered organization is 
equal to or greater than $50,000. 
‘‘(B) DETERMINATION
OF
AMOUNT
OF 
CERTAIN
PAYMENTS
AMONG
AFFILIATES.—In 
determining the amount of a transfer between 
affiliates for purposes of subparagraph (A), to 
the extent that the transfer consists of funds 
attributable to dues, fees, or assessments which 
are paid by individuals on a regular, periodic 
basis in accordance with a per-individual cal-
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453 
culation 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 attributed to the covered organization. 
‘‘(C) DESCRIPTION
OF
TRANSFERS
BE-
TWEEN
AFFILIATES.—A transfer of amounts 
from one covered organization to another cov-
ered organization shall be treated as a transfer 
between affiliates if— 
‘‘(i) one of the organizations is an af-
filiate of the other organization; or 
‘‘(ii) each of the organizations is an 
affiliate of the same organization, 
except that the transfer shall not be treated as 
a transfer between affiliates if one of the orga-
nizations is established for the purpose of mak-
ing campaign-related disbursements. 
‘‘(D) DETERMINATION OF AFFILIATE STA-
TUS.—For purposes of subparagraph (C), a 
covered organization is an affiliate of another 
covered organization if— 
‘‘(i) the governing instrument of the 
organization requires it to be bound by de-
cisions of the other organization; 
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454 
‘‘(ii) the governing board of the orga-
nization includes persons who are specifi-
cally designated representatives of the 
other organization or are members of the 
governing board, officers, or paid executive 
staff members 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
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. 
‘‘(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 
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455 
Act which relates to the reporting of campaign-related dis-
bursements.’’. 
(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’’. 
(b) COORDINATION WITH FINCEN.— 
(1) IN GENERAL.—The Director of the Finan-
cial Crimes Enforcement Network of the Depart-
ment of the Treasury shall provide the Federal Elec-
tion Commission 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 Enforce-
ment Network of the Department of the Treasury, 
shall submit to Congress a report with recommenda-
tions for providing further legislative authority to as-
sist in the administration and enforcement of such 
section 324. 
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456 
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 amend-
ed by section 4102, is amended by striking the semicolon 
at the end and inserting the following: ‘‘, and any dis-
bursement, other than an disbursement described in sec-
tion 324(a)(3)(A), to another person who made a cam-
paign-related disbursement consisting of a covered trans-
fer (as described in section 324) during the 2-year period 
ending on the date of the disbursement;’’. 
SEC. 4113. EFFECTIVE DATE. 
The amendments made by this part shall apply with 
respect to disbursements made on or after January 1, 
2022, 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 in-
serting ‘‘(including a proceeding before the Supreme 
Court on certiorari)’’ after ‘‘appeal’’. 
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457 
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, whether facially or as-applied, the constitu-
tionality 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 Dis-
trict of Columbia Circuit. 
‘‘(2) In the case of an action relating to declar-
atory or injunctive relief to challenge the constitu-
tionality of a provision, the party filing the action 
shall concurrently deliver a copy the complaint to 
the Clerk of the House of Representatives and the 
Secretary of the Senate. 
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458 
‘‘(3) It shall be the duty of the United States 
District Court for the District of Columbia, the 
Court of Appeals for the District of Columbia Cir-
cuit, and the Supreme Court of the United States to 
advance on the docket and to expedite to the great-
est possible extent the disposition of the action and 
appeal. 
‘‘(b) INTERVENTION BY MEMBERS OF CONGRESS.— 
In any action described in subsection (a) relating to de-
claratory or injunctive relief to challenge the constitu-
tionality of a provision, any Member of the House of Rep-
resentatives (including a Delegate or Resident Commis-
sioner 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 
special rules described in subsection (a), for declaratory 
or injunctive relief to challenge, whether facially or as-ap-
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459 
plied, the constitutionality of any provision of this Act or 
chapter 95 or 96 of the Internal Revenue Code of 1986.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) 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.’’. 
(2) 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.’’. 
(3) Section 403 of the Bipartisan Campaign 
Reform Act of 2002 (52 U.S.C. 30110 note) is re-
pealed. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to actions brought on or after Jan-
uary 1, 2021. 
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460 
Subtitle 
C—Strengthening 
Over-
sight of Online Political Adver-
tising 
SEC. 4201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Honest Ads Act’’. 
SEC. 4202. PURPOSE. 
The purpose of this subtitle is to enhance the integ-
rity of American democracy and national security by im-
proving disclosure requirements for online political adver-
tisements in order to uphold the Supreme Court’s well- 
established standard that the electorate bears the right to 
be fully informed. 
SEC. 4203. FINDINGS. 
Congress makes the following findings: 
(1) On January 6, 2017, the Office of the Di-
rector of National Intelligence published a report ti-
tled ‘‘Assessing Russian Activities and Intentions in 
Recent U.S. Elections’’, noting that ‘‘Russian Presi-
dent Vladimir Putin ordered an influence campaign 
in 2016 aimed at the US presidential election * * 
*’’. Moscow’s influence campaign followed a Russian 
messaging strategy that blends covert intelligence 
operation—such as cyber activity—with overt efforts 
by Russian Government agencies, state-funded 
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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 
researchers that concluded Russians ‘‘exploited 
American-made technology platforms to attack U.S. 
democracy at a particularly vulnerable moment * * 
* as part 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, 
propaganda constituted 40 percent of the sampled 
election-related tweets that went to Pennsylvanians, 
34 percent to Michigan voters, and 30 percent to 
those in Wisconsin. In other swing States, the figure 
reached 42 percent in Missouri, 41 percent in Flor-
ida, 40 percent in North Carolina, 38 percent in 
Colorado, and 35 percent in Ohio. 
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(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 
organization. According to the company, the ads 
purchased focused ‘‘on amplifying divisive social and 
political 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 Associ-
ates, in 2016, $1,415,000,000 was spent on online 
advertising, more than quadruple the amount in 
2012. 
(7) The reach of a few large internet plat-
forms—larger than any broadcast, satellite, or cable 
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provider—has greatly facilitated the scope and effec-
tiveness of disinformation campaigns. For instance, 
the largest platform has over 210,000,000 Ameri-
cans users—over 160,000,000 of them on a daily 
basis. By contrast, the largest cable television pro-
vider has 22,430,000 subscribers, while the largest 
satellite television provider has 21,000,000 sub-
scribers. And the 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 accessible to the press, fact-checkers, and polit-
ical opponents; this creates strong disincentives for 
a candidate to disseminate materially false, inflam-
matory, or contradictory messages to the public. So-
cial media platforms, in contrast, can target portions 
of the electorate with direct, ephemeral advertise-
ments often on the basis of private information the 
platform has on individuals, enabling political adver-
tisements that are contradictory, racially or socially 
inflammatory, or materially false. 
(9) According to comScore, 2 companies own 8 
of the 10 most popular smart phone applications as 
of June 2017, including the most popular social 
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media and email services—which deliver information 
and news to users without requiring proactivity by 
the user. Those same 2 companies accounted for 99 
percent of revenue growth from digital advertising in 
2016, including 77 percent of gross spending. 79 
percent of online Americans—representing 68 per-
cent of all Americans—use the single largest social 
network, 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 per-
cent of Americans identified an internet-based 
source as their leading source of information for the 
2016 election. 
(11) The Federal Election Commission, the 
independent Federal agency charged with protecting 
the integrity of the Federal campaign finance proc-
ess by providing transparency and administering 
campaign finance laws, has failed to take action to 
address online political advertisements. 
(12) In testimony before the Senate Select 
Committee on Intelligence titled, ‘‘Disinformation: A 
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Primer in Russian Active Measures and Influence 
Campaigns’’, multiple expert witnesses testified that 
while the disinformation tactics of foreign adver-
saries have not necessarily changed, social media 
services now provide ‘‘platform[s] practically pur-
pose-built for active measures[.]’’ Similarly, as Gen. 
Keith B. Alexander (RET.), the former Director of 
the National 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 ac-
tive 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 manipulate because it would have 
required actual control of the organs of media, which 
took long-term efforts to penetrate. Today, however, 
because the clear majority of the information on so-
cial media sites is uncurated and there is a rapid 
proliferation of information sources and other sites 
that can reinforce information, 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.’’. 
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(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 
platforms in the lives of Americans, requires the 
Congress and the Federal Election Commission to 
take meaningful action to ensure that laws and reg-
ulations 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 polit-
ical advertisements in order to make informed polit-
ical 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. 
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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 commu-
nication’’ 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: 
‘‘(i) any news story, commentary, or 
editorial distributed through the facilities 
of any broadcasting station or any print, 
online, or digital newspaper, magazine, 
blog, publication, or periodical, unless such 
broadcasting, print, online, or digital facili-
ties are owned or controlled by any polit-
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ical party, political committee, or can-
didate;’’; and 
(B) in clause (iv), by striking ‘‘on broad-
casting stations, or in newspapers, magazines, 
or similar types of general public political ad-
vertising’’ 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, maga-
zine, outdoor advertising facility, mailing, or any 
other type of general public political advertising’’ 
and inserting ‘‘solicits any contribution through any 
public communication’’. 
SEC. 4206. EXPANSION OF DEFINITION OF ELECTION-
EERING COMMUNICATION. 
(a) EXPANSION TO ONLINE COMMUNICATIONS.— 
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broadcast, cable, or satellite’’ before ‘‘communica-
tion’’. 
(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 
broadcasting station or any online or dig-
ital newspaper, magazine, blog, publica-
tion, or periodical, unless such broad-
casting, 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, 2022. 
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 
amended— 
(1) by striking ‘‘shall clearly state’’ each place 
it appears in paragraphs (1), (2), and (3) and in-
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serting ‘‘shall state in a clear and conspicuous man-
ner’’; and 
(2) by adding at the end the following flush 
sentence: ‘‘For purposes of this section, a commu-
nication 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 
digital 
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 
‘‘(B) provide a means for the recipient of 
the communication to obtain the remainder of 
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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 com-
munication, 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 
manner at the beginning or end of the commu-
nication and lasts at least 3 seconds. 
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‘‘(C) VIDEO
COMMUNICATIONS.—In the 
case of a video communication which also in-
cludes 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 
communications (as defined in section 304(f)(3)(D) 
of the Federal Election Campaign Act of 1971). 
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(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 for-
mat’’. 
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