DISCLOSE Act of 2022
Bill: S.4822 | Sponsor: Sen. Whitehouse, Sheldon (D-RI)
Policy area: Government Operations and Politics

Summary:
Democracy Is Strengthened by Casting Light On Spending in Elections Act of 2022 or the DISCLOSE Act of 2022
This bill addresses campaign finance, including by expanding the prohibition on campaign spending by foreign nationals, requiring additional disclosures of campaign expenditures, and requiring additional disclosures regarding certain political advertisements.
Specifically, the bill expands existing foreign money prohibitions to include disbursements for paid web-based or digital communications and federal judicial nomination communications. It also prohibits foreign nationals from contributing to campaigns related to ballot initiatives and referenda.
The Government Accountability Office must, for each four-year election cycle, study and report on the incidence of illicit foreign money in federal elections.
Next, the bill makes it unlawful to establish or use a corporation, company, or other entity with the intent to conceal an election contribution or donation by a foreign national. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.
Covered organizations (e.g., corporations, labor organizations, and political organizations) must, within 24 hours, file reports with the Federal Election Commission to disclose campaign expenditures of more than $10,000 during an election cycle.
The bill also requires organizations to provide additional disclosures regarding political advertisements, including the donors who contributed the most money to that organization in the last year.

To amend the Federal Election Campaign Act of 1971 to provide for 
      additional disclosure requirements for corporations, labor 
 organizations, Super PACs and other entities, and for other purposes.

    Be it enacted by the Senate and House of Representatives 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 Spending in Elections Act of 2022'' or 
the ``DISCLOSE Act of 2022''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
 TITLE I--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN 
                               ELECTIONS

Sec. 101. Clarification of application of foreign money ban to certain 
                            disbursements and activities.
Sec. 102. Study and report on illicit foreign money in Federal 
                            elections.
Sec. 103. Prohibition on contributions and donations by foreign 
                            nationals in connection with ballot 
                            initiatives and referenda.
Sec. 104. Disbursements and activities subject to foreign money ban.
Sec. 105. Prohibiting establishment of corporation to conceal election 
                            contributions and donations by foreign 
                            nationals.
         TITLE II--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

Sec. 201. Reporting of campaign-related disbursements.
Sec. 202. Reporting of Federal judicial nomination disbursements.
Sec. 203. Coordination with FinCEN.
Sec. 204. Application of foreign money ban to disbursements for 
                            campaign-related disbursements consisting 
                            of covered transfers.
Sec. 205. Effective date.
                TITLE III--OTHER ADMINISTRATIVE REFORMS

Sec. 301. Petition for certiorari.
Sec. 302. Judicial review of actions related to campaign finance laws.
Sec. 303. Effective date.
                      TITLE IV--STAND BY EVERY AD

Sec. 401. Short title.
Sec. 402. Stand by every ad.
Sec. 403. Disclaimer requirements for communications made through 
                            prerecorded telephone calls.
Sec. 404. No expansion of persons subject to disclaimer requirements on 
                            internet communications.
Sec. 405. Effective date.
                         TITLE V--SEVERABILITY

Sec. 501. Severability.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Campaign finance disclosure is a narrowly tailored and 
        minimally restrictive means to advance substantial government 
        interests, including fostering an informed electorate capable 
        of engaging in self-government and holding their elected 
        officials accountable, detecting and deterring quid pro quo 
        corruption, and identifying information necessary to enforce 
        other campaign finance laws, including campaign contribution 
        limits and the prohibition on foreign money in U.S. campaigns. 
        To further these substantial interests, campaign finance 
        disclosure must be timely and complete, and must disclose the 
        true and original source of money given, transferred, and spent 
        to influence Federal elections. Current law does not meet this 
        objective because corporations and other entities that the 
        Supreme Court has permitted to spend money to influence Federal 
        elections are subject to few if any transparency requirements.
            (2) As the Supreme Court recognized in its per curiam 
        opinion in Buckley v. Valeo, 424 U.S. 1, (1976), ``disclosure 
        requirements certainly in most applications appear to be the 
        least restrictive means of curbing the evils of campaign 
        ignorance and corruption that Congress found to exist.'' 
        Buckley, 424 U.S. at 68. In Citizens United v. FEC, the Court 
        reiterated that ``disclosure is a less restrictive alternative 
        to more comprehensive regulations of speech.'' 558 U.S. 310, 
        369 (2010).
            (3) No subsequent decision has called these holdings into 
        question, including the Court's decision in Americans for 
        Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). That 
        case did not involve campaign finance disclosure, and the Court 
        did not overturn its longstanding recognition of the 
        substantial interests furthered by such disclosure.
            (4) Campaign finance disclosure is also essential to 
        enforce the Federal Election Campaign Act's prohibition on 
        contributions by and solicitations of foreign nationals. See 
        section 319 of the Federal Election Campaign Act of 1971 (52 
        U.S.C. 30121).
            (5) Congress should close loopholes allowing spending by 
        foreign nationals in domestic elections. For example, in 2021, 
        the Federal Election Commission, the independent Federal agency 
        charged with protecting the integrity of the Federal campaign 
        finance process, found reason to believe and conciliated a 
        matter where an experienced political consultant knowingly and 
        willfully violated Federal law by soliciting a contribution 
        from a foreign national by offering to transmit a $2,000,000 
        contribution to a super PAC through his company and two 
        501(c)(4) organizations, to conceal the origin of the funds. 
        This scheme was only unveiled after appearing in a The 
        Telegraph UK article and video capturing the solicitation. See 
        Conciliation Agreement, MURs 7165 & 7196 (Great America PAC, et 
        al.), date June 28, 2021; Factual and Legal Analysis, MURs 7165 
        & 7196 (Jesse Benton), dated Mar. 2, 2021.

 TITLE I--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN 
                               ELECTIONS

SEC. 101. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN 
              DISBURSEMENTS AND ACTIVITIES.

    Section 319(b) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30121(b)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively, and by moving such 
        subparagraphs 2 ems to the right;
            (2) by striking ``As used in this section, the term'' and 
        inserting the following: ``Definitions.--For purposes of this 
        section--
            ``(1) Foreign national.--The term'';
            (3) by moving paragraphs (1) and (2) two ems to the right 
        and redesignating them as subparagraphs (A) and (B), 
        respectively; and
            (4) by adding at the end the following new paragraph:
            ``(2) Contribution and donation.--For purposes of 
        paragraphs (1) and (2) of subsection (a), the term 
        `contribution or donation' includes any disbursement to a 
        political committee which accepts donations or contributions 
        that do not comply with any of 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), or to any other person for the purpose of 
        funding an expenditure, independent expenditure, or 
        electioneering communication (as defined in section 
        304(f)(3)).''.

SEC. 102. STUDY AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL 
              ELECTIONS.

    (a) Study.--For each 4-year election cycle (beginning with the 4-
year election cycle ending in 2020), the Comptroller General shall 
conduct a study on the incidence of illicit foreign money in all 
elections for Federal office held during the preceding 4-year election 
cycle, including what information is known about the presence of such 
money in elections for Federal office.
    (b) Report.--
            (1) In general.--Not later than the applicable date with 
        respect to any 4-year election cycle, the Comptroller General 
        shall submit to the appropriate congressional committees a 
        report on the study conducted under subsection (a).
            (2) Matters included.--The report submitted under paragraph 
        (1) shall include a description of the extent to which illicit 
        foreign money was used to target particular groups, including 
        rural communities, African-American and other minority 
        communities, and military and veteran communities, based on 
        such targeting information as is available and accessible to 
        the Comptroller General.
            (3) Applicable date.--For purposes of paragraph (1), the 
        term ``applicable date'' means--
                    (A) in the case of the 4-year election cycle ending 
                in 2020, the date that is 1 year after the date of the 
                enactment of this Act; and
                    (B) in the case of any other 4-year election cycle, 
                the date that is 1 year after the date on which such 4-
                year election cycle ends.
    (c) Definitions.--As used in this section:
            (1) 4-year election cycle.--The term ``4-year election 
        cycle'' means the 4-year period ending on the date of the 
        general election for the offices of President and Vice 
        President.
            (2) Illicit foreign money.--The term ``illicit foreign 
        money'' means any contribution, donation, expenditure, or 
        disbursement by a foreign national (as defined in section 
        319(b) of the Federal Election Campaign Act of 1971 (52 
        U.S.C.30121(b))) prohibited under such section.
            (3) Election; federal office.--The terms ``election'' and 
        ``Federal office'' have the meanings given such terms under 
        section 301 of the Federal Election Campaign Act of 1971 (53 
        U.S.C. 30101).
            (4) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on House Administration of the 
                House of Representatives;
                    (B) the Committee on Rules and Administration of 
                the Senate;
                    (C) the Committee on the Judiciary of the House of 
                Representatives; and
                    (D) the Committee on the Judiciary of the Senate.
    (d) Sunset.--This section shall not apply to any 4-year election 
cycle beginning after the election for the offices of President and 
Vice President in 2032.

SEC. 103. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN 
              NATIONALS IN CONNECTION WITH BALLOT INITIATIVES AND 
              REFERENDA.

    (a) In General.--Section 319(b) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30121(b)), as amended by section 101, is amended 
by adding at the end the following new paragraphs:
            ``(3) Federal, state, or local election.--The term 
        `Federal, State, or local election' includes a State or local 
        ballot initiative or referendum, but only in the case of--
                    ``(A) a covered foreign national as defined in 
                paragraph (4); or
                    ``(B) a foreign principal described in section 
                1(b)(2) or 1(b)(3) of the Foreign Agent Registration 
                Act of 1938, as amended (22 U.S.C. 611(b)(2) or (b)(3)) 
                or an agent of such a foreign principal under such Act.
            ``(4) Covered foreign national.--
                    ``(A) In general.--The term `covered foreign 
                national' means--
                            ``(i) a foreign principal (as defined 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 foreign principal described in 
                        clause (i) or of a person any of whose 
                        activities are directly or indirectly 
                        supervised, directed, controlled, financed, or 
                        subsidized in whole or in major part by a 
                        foreign principal described in clause (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 imposition of sanctions relating to the 
                        conduct of a foreign principal described in 
                        clause (i).
                    ``(B) Clarification regarding application to 
                citizens of the united states.--In the case of a 
                citizen of the United States, clause (ii) of 
                subparagraph (A) applies only to the extent that the 
                person involved acts within the scope of that person's 
                status as the agent of a foreign principal described in 
                clause (i) of subparagraph (A).''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to elections held in 2023 or any succeeding year.

SEC. 104. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN MONEY BAN.

    (a) Disbursements Described.--Section 319(a)(1) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (B); and
            (2) by striking subparagraph (C) and inserting the 
        following:
                    ``(C) an expenditure;
                    ``(D) an independent expenditure;
                    ``(E) a disbursement for an electioneering 
                communication (within the meaning of section 
                304(f)(3));
                    ``(F) a disbursement for a communication which is 
                placed or promoted for a fee on a website, web 
                application, or digital application that refers to a 
                clearly identified candidate for election for Federal 
                office and is disseminated within 60 days before a 
                general, special or runoff election for the office 
                sought by the candidate or 30 days before a primary or 
                preference election, or a convention or caucus of a 
                political party that has authority to nominate a 
                candidate for the office sought by the candidate;
                    ``(G) a disbursement by a covered foreign national 
                (as defined in subsection (b)(4)) for a broadcast, 
                cable or satellite communication, or for a 
                communication which is placed or promoted for a fee on 
                a website, web application, or digital application, 
                that promotes, supports, attacks or opposes the 
                election of a clearly identified candidate for Federal, 
                State, or local office (regardless of whether the 
                communication contains express advocacy or the 
                functional equivalent of express advocacy);
                    ``(H) a disbursement for a broadcast, cable, or 
                satellite communication, or for any communication which 
                is placed or promoted for a fee on an online platform 
                (as defined in subsection (b)(5)), that discusses a 
                national legislative issue of public importance in a 
                year in which a regularly scheduled general election 
                for Federal office is held, but only if the 
                disbursement is made by a covered foreign national (as 
                defined in subsection (b)(4));
                    ``(I) a disbursement by a covered foreign national 
                (as defined in subsection (b)(4)) to compensate any 
                person for internet activity that promotes, supports, 
                attacks or opposes the election of a clearly identified 
                candidate for Federal, State, or local office 
                (regardless of whether the activity contains express 
                advocacy or the functional equivalent of express 
                advocacy); or
                    ``(J) a disbursement by a covered foreign national 
                (as defined in subsection (b)(4)) for a Federal 
                judicial nomination communication (as defined in 
                section 324(g)(2));''.
    (b) Definition of Online Platform.--Section 319(b) of such Act (52 
U.S.C. 30121(b)), as amended by sections 101 and 103, is amended by 
adding at the end the following new paragraph:
            ``(5) Online platform.--
                    ``(A) In general.--For purposes of this section, 
                subject to subparagraph (B), the term `online platform' 
                means any public-facing website, web application, or 
                digital application (including a social network, ad 
                network, or search engine) which--
                            ``(i)(I) sells qualified political 
                        advertisements; and
                            ``(II) has 50,000,000 or more unique 
                        monthly United States visitors or users for a 
                        majority of months during the preceding 12 
                        months; or
                            ``(ii) is a third-party advertising vendor 
                        that has 50,000,000 or more unique monthly 
                        United States visitors in the aggregate on any 
                        advertisement space that it has sold or bought 
                        for a majority of months during the preceding 
                        12 months, as measured by an independent 
                        digital ratings service accredited by the Media 
                        Ratings Council (or its successor).
                    ``(B) Exemption.--Such term shall not include any 
                online platform that is a distribution facility of any 
                broadcasting station or newspaper, magazine, blog, 
                publication, or periodical.
                    ``(C) Third-party advertising vendor defined.--For 
                purposes of this subsection, the term `third-party 
                advertising vendor' includes, but is not limited to, 
                any third-party advertising vendor network, advertising 
                agency, advertiser, or third-party advertisement 
                serving company that buys and sells advertisement space 
                on behalf of unaffiliated third-party websites, search 
                engines, digital applications, or social media 
                sites.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to disbursements made on or after the date of the 
enactment of this Act.

SEC. 105. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL ELECTION 
              CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS.

    (a) Prohibition.--Chapter 29 of title 18, United States Code is 
amended by adding at the end the following:
``Sec. 612. Establishment of corporation to conceal election 
              contributions and donations by foreign nationals
    ``(a) Offense.--It shall be unlawful for an owner, officer, 
attorney, or incorporation agent of a corporation, company, or other 
entity to establish or use the corporation, company, or other entity 
with the intent to conceal an activity of a foreign national (as 
defined in section 319 of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30121)) prohibited under such section 319.
    ``(b) Penalty.--Any person who violates subsection (a) shall be 
imprisoned for not more than 5 years, fined under this title, or 
both.''.
    (b) Table of Sections.--The table of sections for chapter 29 of 
title 18, United States Code is amended by adding at the end the 
following new item:

``612. Establishment of corporation to conceal election contributions 
                            and donations by foreign nationals.''.

         TITLE II--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS

SEC. 201. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.

    (a) 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 DISBURSEMENTS BY COVERED 
              ORGANIZATIONS.

    ``(a) Disclosure Statement.--
            ``(1) In general.--Any covered organization that makes 
        campaign-related disbursements aggregating more than $10,000 in 
        an election reporting cycle shall, not later than 24 hours 
        after each disclosure date, file a statement with the 
        Commission made under penalty of perjury that contains the 
        information 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 (or, if 
                earlier, the period beginning one year before the first 
                such disclosure date) and ending on the first such 
                disclosure date; and
                    ``(B) in the case of any subsequent statement filed 
                under this subsection, for the period beginning on the 
                previous disclosure date and ending on such disclosure 
                date.
            ``(2) Information described.--The information described in 
        this paragraph is as follows:
                    ``(A) The name of the covered organization and the 
                principal place of business of such organization and, 
                in the case of a covered organization that is a 
                corporation (other than a business concern that is an 
                issuer of a class of securities registered under 
                section 12 of the Securities 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 
                entity described in subsection (e)(2), a list of the 
                beneficial owners (as defined in paragraph (4)(A)) of 
                the entity that--
                            ``(i) identifies each beneficial owner by 
                        name and current residential or business street 
                        address; and
                            ``(ii) if any beneficial owner exercises 
                        control over the entity through another legal 
                        entity, such as a corporation, partnership, 
                        limited liability company, or trust, identifies 
                        each such other legal entity and each such 
                        beneficial owner who will use that other entity 
                        to exercise control over the entity.
                    ``(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 
                disbursement that is not a covered transfer, the 
                election to which the campaign-related disbursement 
                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 disbursement is 
                not made in cooperation, consultation, or concert with 
                or at the request or suggestion of a candidate, 
                authorized committee, or agent of a candidate, 
                political party, or agent of a political party.
                    ``(E)(i) If the covered organization makes 
                campaign-related disbursements using exclusively funds 
                in a segregated bank account consisting of funds that 
                were paid directly to such account by persons other 
                than the covered organization that controls the 
                account, for each such payment to the account--
                            ``(I) the name and address of each person 
                        who made such payment during the period covered 
                        by the statement;
                            ``(II) the date and amount of such payment; 
                        and
                            ``(III) the aggregate amount of all such 
                        payments made by the person during the period 
                        beginning on the first day of the election 
                        reporting cycle (or, if earlier, the period 
                        beginning one year before the disclosure date) 
                        and ending on the disclosure date,
                but only if such payment was made by a person who made 
                payments to the account in an 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 2023, section 
                315(c)(1)(B) shall apply to the amount described in 
                clause (i) in the same manner as such section applies 
                to the limitations established under subsections 
                (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, 
                except that for purposes of applying such section to 
                the amounts described in subsection (b), the `base 
                period' shall be calendar year 2023.
                    ``(F)(i) If the covered organization makes 
                campaign-related disbursements using funds other than 
                funds in a segregated bank account described in 
                subparagraph (E), for each payment to the covered 
                organization--
                            ``(I) the name and address of each person 
                        who made such payment during the period covered 
                        by the statement;
                            ``(II) the date and amount of such payment; 
                        and
                            ``(III) the aggregate amount of all such 
                        payments made by the person during the period 
                        beginning on the first day of the election 
                        reporting cycle (or, if earlier, the period 
                        beginning one year before the disclosure date) 
                        and ending on the disclosure date,
                but only if such payment was made by a person who made 
                payments to the covered organization in an aggregate 
                amount of $10,000 or more 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 2023, section 
                315(c)(1)(B) shall apply to the amount described in 
                clause (i) in the same manner as such section applies 
                to the limitations established under subsections 
                (a)(1)(A), (a)(1)(B), (a)(3), and (h) of such section, 
                except that for purposes of applying such section to 
                the amounts described in subsection (b), the `base 
                period' shall be calendar year 2023.
                    ``(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 include in a statement 
                filed under paragraph (1) the information described in 
                paragraph (2) shall not apply to amounts received by 
                the covered 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 received 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.
                    ``(B) Donor restriction on use of funds.--The 
                requirement to include in a statement submitted under 
                paragraph (1) the information described in subparagraph 
                (F) of paragraph (2) shall not apply if--
                            ``(i) the person described in such 
                        subparagraph prohibited, in writing, the use of 
                        the payment made by such person for campaign-
                        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 reprisal.--The 
                requirement to include any information 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.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the term `beneficial owner' means, 
                        with respect to any entity, a natural person 
                        who, directly or indirectly--
                                    ``(I) exercises substantial control 
                                over an entity through ownership, 
                                voting rights, agreement, or otherwise; 
                                or
                                    ``(II) has a substantial interest 
                                in or receives substantial economic 
                                benefits from the assets of an entity.
                            ``(ii) Exceptions.--The term `beneficial 
                        owner' shall not include--
                                    ``(I) a minor child;
                                    ``(II) a person acting as a 
                                nominee, 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 
                                employment status of the person;
                                    ``(IV) a person whose only interest 
                                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, 
                                unless the creditor also meets the 
                                requirements of clause (i).
                            ``(iii) Anti-abuse rule.--The exceptions 
                        under clause (ii) shall not apply if used for 
                        the purpose of evading, circumventing, or 
                        abusing the provisions of clause (i) or 
                        paragraph (2)(A).
                    ``(B) Disclosure date.--The term `disclosure date' 
                means--
                            ``(i) the first date during any election 
                        reporting cycle by which a person has made 
                        campaign-related disbursements aggregating more 
                        than $10,000; and
                            ``(ii) any other date during such election 
                        reporting cycle by which a person has made 
                        campaign-related disbursements aggregating more 
                        than $10,000 since the most recent disclosure 
                        date for such election 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' includes any 
                contribution, donation, transfer, payment of dues, or 
                other payment.
    ``(b) Coordination With Other Provisions.--
            ``(1) Other reports filed with the commission.--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 section 304(d) to the same 
extent and in the same manner as if such reports had been required 
under subsection (c) or (g) of section 304.
    ``(d) Campaign-Related Disbursement Defined.--
            ``(1) In general.--In this section, the term `campaign-
        related disbursement' means a disbursement by a covered 
        organization for any of the following:
                    ``(A) An independent expenditure which expressly 
                advocates the election or defeat of a clearly 
                identified candidate for election for Federal office, 
                or is the functional equivalent of express advocacy 
                because, when taken as a whole, it can be interpreted 
                by a reasonable person only as advocating the election 
                or defeat of a candidate for election for Federal 
                office.
                    ``(B) An applicable public communication.
                    ``(C) An electioneering communication, as defined 
                in section 304(f)(3).
                    ``(D) A covered transfer.
            ``(2) Applicable public communications.--
                    ``(A) In general.--The term `applicable public 
                communication' means any public communication that 
                refers to a clearly identified candidate for election 
                for Federal office and which promotes or supports 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.
                    ``(B) Exception.--Such term shall not include any 
                news story, commentary, or editorial distributed 
                through the facilities of any broadcasting 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 candidate.
            ``(3) Intent not required.--A disbursement for an item 
        described in subparagraph (A), (B), (C) or (D) 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 Revenue 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 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 comply with the 
        contribution limits or source prohibitions under this Act, but 
        only with respect to such accounts.
    ``(f) Covered Transfer Defined.--
            ``(1) In general.--In this section, the term `covered 
        transfer' means any transfer or payment of funds by a covered 
        organization to another person if the covered organization--
                    ``(A) designates, requests, or suggests that the 
                amounts be used for--
                            ``(i) campaign-related disbursements (other 
                        than covered transfers); or
                            ``(ii) making a transfer to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(B) made such transfer or payment in response to 
                a solicitation or other request for a donation or 
                payment for--
                            ``(i) the making of or paying for campaign-
                        related disbursements (other than covered 
                        transfers); or
                            ``(ii) making a transfer to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements;
                    ``(C) engaged in discussions with the recipient of 
                the transfer or payment regarding--
                            ``(i) the making of or paying for campaign-
                        related disbursements (other than covered 
                        transfers); or
                            ``(ii) donating or transferring any amount 
                        of such transfer or payment to another person 
                        for the purpose of making or paying for such 
                        campaign-related disbursements; or
                    ``(D) knew or had reason to know that the person 
                receiving the transfer or payment would make campaign-
                related disbursements in an aggregate 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 conducted by the covered 
                organization or in the form of investments made by the 
                covered organization.
                    ``(B) A disbursement made by a covered organization 
                if--
                            ``(i) the covered organization prohibited, 
                        in writing, the use of such disbursement for 
                        campaign-related disbursements; and
                            ``(ii) the recipient of the disbursement 
                        agreed to follow the prohibition and deposited 
                        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 transferred during the 
                year by such covered organization to that same covered 
                organization is equal to or greater than $50,000.
                    ``(B) Determination of amount of 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 
                calculation which is made on a regular basis, the 
                transfer shall be attributed to the individuals paying 
                the dues, fees, or assessments and shall not be 
                attributed to the covered organization.
                    ``(C) Description of transfers between 
                affiliates.--A transfer of amounts from one covered 
                organization to another covered organization shall be 
                treated as a transfer between affiliates if--
                            ``(i) one of the organizations is an 
                        affiliate 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 organizations 
                is established for the purpose of making campaign-
                related disbursements.
                    ``(D) Determination of affiliate status.--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 
                        decisions of the other organization;
                            ``(ii) the governing board of the 
                        organization includes persons who are 
                        specifically 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 affiliated section 
                501(c)(3) organizations.--This paragraph shall apply 
                with respect to an amount transferred by a covered 
                organization to an organization described in paragraph 
                (3) of section 501(c) of the Internal Revenue Code of 
                1986 and exempt from tax under section 501(a) of such 
                Code in the same manner as this paragraph applies to an 
                amount transferred by a covered organization to another 
                covered organization.
    ``(g) No Effect on Other Reporting Requirements.--Except as 
provided in subsection (b)(1), nothing in this section shall be 
construed to waive or otherwise affect any other requirement of this 
Act which relates to the reporting of campaign-related 
disbursements.''.
    (b) Conforming Amendment.--Section 304(f)(6) of such Act (52 U.S.C. 
30104) is amended by striking ``Any requirement'' and inserting 
``Except as provided in section 324(b), any requirement''.
    (c) Regulations.--Not later than 6 months after the date of the 
enactment of this Act, the Federal Election Commission shall promulgate 
regulations relating the application of the exemption under section 
324(a)(3)(C) of the Federal Election Campaign Act of 1971 (as added by 
subsection (a)). Such regulations--
            (1) shall require that the legal burden of establishing 
        eligibility for such exemption is upon the organization 
        required to make the report required under section 324(a)(1) of 
        such Act (as added by subsection (a)), and
            (2) shall be consistent with the principles applied in 
        Citizens United v. Federal Election Commission, 558 U.S. 310 
        (2010).

SEC. 202. REPORTING OF FEDERAL JUDICIAL NOMINATION DISBURSEMENTS.

    (a) Findings.--Congress makes the following findings:
            (1) A fair and impartial judiciary is critical for our 
        democracy and crucial to maintain the faith of the people of 
        the United States in the justice system. As the Supreme Court 
        held in Caperton v. Massey, ``there is a serious risk of actual 
        bias--based on objective and reasonable perceptions--when a 
        person with a personal stake in a particular case had a 
        significant and disproportionate influence in placing the judge 
        on the case.'' ( Caperton v. A. T. Massey Coal Co., 556 U.S. 
        868, 884 (2009)).
            (2) Public trust in government is at a historic low. 
        According to polling, most Americans believe that corporations 
        have too much power and influence in politics and the courts.
            (3) The prevalence and pervasiveness of dark money drives 
        public concern about corruption in politics and the courts. 
        Dark money is funding for organizations and political 
        activities that cannot be traced to actual donors. It is made 
        possible by loopholes in our tax laws and regulations, weak 
        oversight by the Internal Revenue Service, and donor-friendly 
        court decisions.
            (4) Under current law, ``social welfare'' organizations and 
        business leagues can use funds to influence elections so long 
        as political activity is not their ``primary'' activity. Super 
        PACs can accept and spend unlimited contributions from any non-
        foreign source. These groups can spend tens of millions of 
        dollars on political activities. Such dark money groups spent 
        an estimated $1,050,000,000 in the 2020 election cycle.
            (5) Dark money is used to shape judicial decision-making. 
        This can take many forms, akin to agency capture: influencing 
        judicial selection by controlling who gets nominated and 
        funding candidate advertisements; creating public relations 
        campaigns aimed at mobilizing the judiciary around particular 
        issues; and drafting law review articles, amicus briefs, and 
        other products which tell judges how to decide a given case and 
        provide ready-made arguments for willing judges to adopt.
            (6) Over the past decade, nonprofit organizations that do 
        not disclose their donors have spent hundreds of millions of 
        dollars to influence the nomination and confirmation process 
        for Federal judges. One organization alone has spent nearly 
        $40,000,000 on advertisements supporting or opposing Supreme 
        Court nominees since 2016.
            (7) Anonymous money spent on judicial nominations is not 
        subject to any disclosure requirements. Federal election laws 
        only regulate contributions and expenditures relating to 
        electoral politics; thus, expenditures, contributions, and 
        advocacy efforts for Federal judgeships are not covered under 
        the Federal Election Campaign Act of 1971. Without more 
        disclosure, the public has no way of knowing whether the people 
        spending money supporting or opposing judicial nominations have 
        business before the courts.
            (8) Congress and the American people have a compelling 
        interest in knowing who is funding these campaigns to select 
        and confirm judges to lifetime appointments on the Federal 
        bench.
    (b) Reporting.--Section 324 of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30126), as amended by section 201, is amended by 
redesignating subsection (g) as subsection (h) and by inserting after 
subsection (f) the following new subsection:
    ``(g) Application to Federal Judicial Nominations.--
            ``(1) In general.--For purposes of this section--
                    ``(A) a disbursement by a covered organization for 
                a Federal judicial nomination communication shall be 
                treated as a campaign-related disbursement; and
                    ``(B) in the case of campaign-related disbursements 
                which are for Federal judicial nomination 
                communications--
                            ``(i) the dollar amounts in paragraphs (1) 
                        and (2) of subsection (a) shall be applied 
                        separately with respect to such disbursements 
                        and other campaign-related disbursements;
                            ``(ii) the election reporting cycle shall 
                        be the calendar year in which the disbursement 
                        for the Federal judicial nomination 
                        communication is made;
                            ``(iii) references to a candidate in 
                        subsections (a)(2)(C), (a)(2)(D), and (a)(3)(C) 
                        shall be treated as references to a nominee for 
                        a Federal judge or justice;
                            ``(iv) the reference to an election in 
                        subsection (a)(2)(C) shall be treated as a 
                        reference to the nomination of such nominee.
            ``(2) Federal judicial nomination communication.--
                    ``(A) In general.--The term `Federal judicial 
                nomination communication' means any communication--
                            ``(i) that is by means of any broadcast, 
                        cable, or satellite, paid internet, or paid 
                        digital communication, paid promotion, 
                        newspaper, magazine, outdoor advertising 
                        facility, mass mailing, telephone bank, 
                        telephone messaging effort of more than 500 
                        substantially similar calls or electronic 
                        messages within a 30-day period, or any other 
                        form of general public political advertising; 
                        and
                            ``(ii) which promotes, supports, attacks, 
                        or opposes the nomination or Senate 
                        confirmation of an individual as a Federal 
                        judge or justice.
                    ``(B) Exception.--Such term shall not include any 
                news story, commentary, or editorial distributed 
                through the facilities of any broadcasting 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 candidate.
                    ``(C) Intent not required.--A disbursement for an 
                item described in subparagraph (A) shall be treated as 
                a disbursement for a Federal judicial nomination 
                communication regardless of the intent of the person 
                making the disbursement.''.

SEC. 203. COORDINATION WITH FINCEN.

    (a) In General.--The Director of the Financial Crimes Enforcement 
Network of the Department of the Treasury shall provide the Federal 
Election Commission with such information as necessary to assist in 
administering and enforcing section 324 of the Federal Election 
Campaign Act of 1971, as amended by this title.
    (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 Financial Crimes Enforcement 
Network of the Department of the Treasury, shall submit to Congress a 
report with recommendations for providing further legislative authority 
to assist in the administration and enforcement of such section 324.

SEC. 204. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS FOR 
              CAMPAIGN-RELATED DISBURSEMENTS CONSISTING OF COVERED 
              TRANSFERS.

    Section 319(b)(2) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30121(a)(1)(A)), as amended by section 101, is amended--
            (1) by striking ``includes any disbursement'' and inserting 
        ``includes--
                    ``(A) any disbursement'';
            (2) by striking the period at the end and inserting ``; 
        and'', and
            (3) by adding at the end the following new subparagraph:
                    ``(B) any disbursement, other than a disbursement 
                described in section 324(a)(3)(A), to another person 
                who made a campaign-related disbursement consisting of 
                a covered transfer (as described in section 324) during 
                the 2-year period ending on the date of the 
                disbursement.''.

SEC. 205. EFFECTIVE DATE.

    The amendments made by this title shall apply with respect to 
disbursements made on or after January 1, 2023, and shall take effect 
without regard to whether or not the Federal Election Commission has 
promulgated regulations to carry out such amendments.

                TITLE III--OTHER ADMINISTRATIVE REFORMS

SEC. 301. 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 inserting ``(including a proceeding 
before the Supreme Court on certiorari)'' after ``appeal''.

SEC. 302. 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.--If any action is brought for declaratory or 
injunctive relief to challenge, whether facially or as-applied, the 
constitutionality or lawfulness of any provision of this Act, including 
title V, or of chapter 95 or 96 of the Internal Revenue Code of 1986, 
or is brought to with respect to any action of the Commission under 
chapter 95 or 96 of the Internal Revenue Code of 1986, the following 
rules shall apply:
            ``(1) The action shall be filed in the United States 
        District Court for the District of Columbia and an appeal from 
        the decision of the district court may be taken to the Court of 
        Appeals for the District of Columbia Circuit.
            ``(2) In the case of an action relating to declaratory or 
        injunctive relief to challenge the constitutionality of a 
        provision, the party filing the action shall concurrently 
        deliver a copy of the complaint to the Clerk of the House of 
        Representatives and the Secretary of the Senate.
            ``(3) It shall be the duty of the United States District 
        Court for the District of Columbia and the Court of Appeals for 
        the District of Columbia Circuit to advance on the docket and 
        to expedite to the greatest possible extent the disposition of 
        the action and appeal.
    ``(b) Clarifying Scope of Jurisdiction.--If an action at the time 
of its commencement is not subject to subsection (a), but an amendment, 
counterclaim, cross-claim, affirmative defense, or any other pleading 
or motion is filed challenging, whether facially or as-applied, the 
constitutionality or lawfulness 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 district court shall transfer the action to the 
District Court for the District of Columbia, and the action shall 
thereafter be conducted pursuant to subsection (a).
    ``(c) Intervention by Members of Congress.--In any action described 
in subsection (a) relating to declaratory or injunctive relief to 
challenge the constitutionality of a provision, any Member of the House 
of Representatives (including a Delegate or Resident Commissioner to 
the Congress) or Senate shall have the right to intervene either in 
support of or opposition to the position of a party to the case 
regarding the constitutionality of the provision. To avoid duplication 
of efforts and reduce the burdens placed on the parties to the action, 
the court in any such action may make such orders as it considers 
necessary, including orders to require interveners taking similar 
positions to file joint papers or to be represented by a single 
attorney at oral argument.
    ``(d) 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-applied, 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 certifications, 
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 310 of the Federal Election Campaign Act of 
        1971 (52 U.S.C. 30110) is repealed.
            (4) Section 403 of the Bipartisan Campaign Reform Act of 
        2002 (52 U.S.C. 30110 note) is repealed.

SEC. 303. EFFECTIVE DATE.

    The amendments made by this title shall take effect and apply on 
the date of the enactment of this Act, without regard to whether or not 
the Federal Election Commission has promulgated regulations to carry 
out this title and the amendments made by this title.

                      TITLE IV--STAND BY EVERY AD

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Stand By Every Ad Act''.

SEC. 402. STAND BY EVERY AD.

    (a) Expanded Disclaimer Requirements for Certain Communications.--
Section 318 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30120) is amended by adding at the end the following new subsection:
    ``(e) Expanded Disclaimer Requirements for Communications Not 
Authorized by Candidates or Committees.--
            ``(1) In general.--Except as provided in paragraph (6), any 
        communication described in paragraph (3) of subsection (a) 
        which is transmitted in an audio or video format (including an 
        internet or digital communication), or which is an internet or 
        digital communication transmitted in a text or graphic format, 
        shall include, in addition to the requirements of paragraph (3) 
        of subsection (a), 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 described in paragraph (2)(B) (if 
                the person paying for the communication is not an 
                individual).
                    ``(B) If the communication is transmitted in a 
                video format, or is an internet or digital 
                communication which is transmitted in a text or graphic 
                format, and is paid for in whole or in part with a 
                payment which is treated as a campaign-related 
                disbursement under section 324--
                            ``(i) the Top Five Funders list (if 
                        applicable); or
                            ``(ii) in the case of a communication 
                        which, as determined on the basis of criteria 
                        established in regulations issued by the 
                        Commission, is of such short duration that 
                        including the Top Five Funders list in the 
                        communication would constitute a hardship to 
                        the person paying for the communication by 
                        requiring a disproportionate amount of the 
                        content of the communication to consist of the 
                        Top Five Funders list, the name of a website 
                        which contains the Top Five Funders list (if 
                        applicable) or, in the case of an internet or 
                        digital communication, a hyperlink to such 
                        website.
                    ``(C) If the communication is transmitted in an 
                audio format and is paid for in whole or in part with a 
                payment which is treated as a campaign-related 
                disbursement under section 324--
                            ``(i) the Top Two Funders list (if 
                        applicable); or
                            ``(ii) in the case of a communication 
                        which, as determined on the basis of criteria 
                        established in regulations issued by the 
                        Commission, is of such short duration that 
                        including the Top Two Funders list in the 
                        communication would constitute a hardship to 
                        the person paying for the communication by 
                        requiring a disproportionate amount of the 
                        content of the communication to consist of the 
                        Top Two Funders list, the name of a website 
                        which contains the Top Two Funders list (if 
                        applicable).
            ``(2) Disclosure statements described.--
                    ``(A) Individual disclosure statements.--The 
                individual disclosure statement described in this 
                subparagraph is the following: `I am ________, 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 ________, the 
                ________ of ________, and ________ approves this 
                message.', with--
                            ``(i) the first blank to be filled in with 
                        the name of the applicable individual;
                            ``(ii) the second blank to be filled in 
                        with the title of the applicable individual; 
                        and
                            ``(iii) the third and fourth blank each to 
                        be filled in with the name of the organization 
                        or other person paying for the communication.
            ``(3) Method of conveyance of statement.--
                    ``(A) Communications in text or graphic format.--In 
                the case of a communication to which this subsection 
                applies which is transmitted in a text or graphic 
                format, the disclosure statements required under 
                paragraph (1) shall appear in letters at least as large 
                as the majority of the text in the communication.
                    ``(B) Communications transmitted in audio format.--
                In the case of a communication to which this subsection 
                applies which is transmitted in an audio format, the 
                disclosure statements required under paragraph (1) 
                shall be made by audio by the applicable individual in 
                a clear and conspicuous manner.
                    ``(C) Communications transmitted in video format.--
                In the case of a communication to which this subsection 
                applies which is transmitted in a video format, the 
                information required under paragraph (1)--
                            ``(i) shall appear in writing at the end of 
                        the communication or in a crawl along the 
                        bottom of the communication in a clear and 
                        conspicuous manner, with a reasonable degree of 
                        color contrast between the background and the 
                        printed statement, for a period of at least 6 
                        seconds; and
                            ``(ii) shall also be conveyed by an 
                        unobscured, full-screen view of the applicable 
                        individual or by the applicable individual 
                        making the statement in voice-over accompanied 
                        by a clearly identifiable photograph or similar 
                        image of the individual, except in the case of 
                        a Top Five Funders list.
            ``(4) Applicable individual defined.--The term `applicable 
        individual' means, with respect to a communication to which 
        this subsection applies--
                    ``(A) if the communication is paid for by an 
                individual, the individual involved;
                    ``(B) if the communication is paid for by a 
                corporation, the chief executive officer of the 
                corporation (or, if the corporation does not have a 
                chief executive officer, the highest ranking official 
                of the corporation);
                    ``(C) if the communication is paid for by a labor 
                organization, the highest ranking officer of the labor 
                organization; and
                    ``(D) if the communication is paid for by any other 
                person, the highest ranking official of such person.
            ``(5) Top five funders list and top two funders list 
        defined.--
                    ``(A) Top five funders list.--The term `Top Five 
                Funders list' means, with respect to a communication 
                which is paid for in whole or in part with a campaign-
                related disbursement (as defined in section 324), a 
                list of the 5 persons who, during the 12-month period 
                ending on the date of the disbursement, provided the 
                largest payments of any type in an aggregate amount 
                equal to or exceeding $10,000 to the person who is 
                paying for the communication and the amount of the 
                payments each such person provided. If 2 or more people 
                provided the fifth largest of such payments, the person 
                paying for the communication shall select 1 of those 
                persons to be included on the Top Five Funders list.
                    ``(B) Top two funders list.--The term `Top Two 
                Funders list' means, with respect to a communication 
                which is paid for in whole or in part with a campaign-
                related disbursement (as defined in section 324), a 
                list of the persons who, during the 12-month period 
                ending on the date of the disbursement, provided the 
                largest and the second largest payments of any type in 
                an aggregate amount equal to or exceeding $10,000 to 
                the person who is paying for the communication and the 
                amount of the payments each such person provided. If 2 
                or more persons provided the second largest of such 
                payments, the person paying for the communication shall 
                select 1 of those persons to be included on the Top Two 
                Funders list.
                    ``(C) Exclusion of certain payments.--For purposes 
                of subparagraphs (A) and (B), in determining the amount 
                of payments made by a person to a person paying for a 
                communication, there shall be excluded the following:
                            ``(i) Any amounts provided in the ordinary 
                        course of any trade or business conducted by 
                        the person paying for the communication or in 
                        the form of investments in the person paying 
                        for the communication.
                            ``(ii) Any payment which the person 
                        prohibited, in writing, from being used for 
                        campaign-related disbursements, but only if the 
                        person paying for the communication agreed to 
                        follow the prohibition and deposited the 
                        payment in an account which is segregated from 
                        any account used to make campaign-related 
                        disbursements.
            ``(6) Special rules for certain communications.--
                    ``(A) Exception for communications paid for by 
                political parties and certain political committees.--
                This subsection does not apply to any communication to 
                which subsection (d)(2) applies.
                    ``(B) Treatment of video communications lasting 10 
                seconds or less.--In the case of a communication to 
                which this subsection applies which is transmitted in a 
                video format, or is an internet or digital 
                communication which is transmitted in a text or graphic 
                format, the communication shall meet the following 
                requirements:
                            ``(i) The communication shall include the 
                        individual disclosure statement described in 
                        paragraph (2)(A) (if the person paying for the 
                        communication is an individual) or the 
                        organizational disclosure statement described 
                        in paragraph (2)(B) (if the person paying for 
                        the communication is not an individual).
                            ``(ii) The statement described in clause 
                        (i) shall appear in writing at the end of the 
                        communication, or in a crawl along the bottom 
                        of the communication, in a clear and 
                        conspicuous manner, with a reasonable degree of 
                        color contrast between the background and the 
                        printed statement, for a period of at least 4 
                        seconds.
                            ``(iii) The communication shall include, in 
                        a clear and conspicuous manner, a website 
                        address with a landing page which will provide 
                        all of the information described in paragraph 
                        (1) with respect to the communication. Such 
                        address shall appear for the full duration of 
                        the communication.
                            ``(iv) To the extent that the format in 
                        which the communication is made permits the use 
                        of a hyperlink, the communication shall include 
                        a hyperlink to the website address described in 
                        clause (iii).''.
    (b) Application of Expanded Requirements to Public Communications 
Consisting of Campaign-related Disbursements.--
            (1) In general.--Section 318(a) of such Act (52 U.S.C. 
        30120(a)) is amended by striking ``for the purpose of financing 
        communications expressly advocating the election or defeat of a 
        clearly identified candidate'' and inserting ``for a campaign-
        related disbursement, as defined in section 324, consisting of 
        a public communication''.
            (2) Clarification of exemption from inclusion of candidate 
        disclaimer statement in federal judicial nomination 
        communications.--Section 318(a)(3) of such Act (52 U.S.C. 
        30120(a)(3)) is amended by striking ``shall clearly state'' and 
        inserting ``shall (except in the case of a Federal judicial 
        nomination communication, as defined in section 324(d)(3)) 
        clearly state''.
    (c) Exception for Communications Paid for by Political Parties and 
Certain Political Committees.--Section 318(d)(2) of such Act (52 U.S.C. 
30120(d)(2)) is amended--
            (1) in the heading, by striking ``others'' and inserting 
        ``certain political committees'';
            (2) by striking ``Any communication'' and inserting ``(A) 
        Any communication'';
            (3) by inserting ``which (except to the extent provided in 
        subparagraph (B)) is paid for by a political committee 
        (including a political committee of a political party) and'' 
        after ``subsection (a)'';
            (4) by striking ``or other person'' each place it appears; 
        and
            (5) by adding at the end the following new subparagraph:
                    ``(B)(i) This paragraph does not apply to a 
                communication paid for in whole or in part during a 
                calendar year with a campaign-related disbursement, but 
                only if the covered organization making the campaign-
                related disbursement made campaign-related 
                disbursements (as defined in section 324) aggregating 
                more than $10,000 during such calendar year.
                    ``(ii) For purposes of clause (i), in determining 
                the amount of campaign-related disbursements made by a 
                covered organization during a year, there shall be 
                excluded the following:
                            ``(I) Any amounts received by the covered 
                        organization in the ordinary course of any 
                        trade or business conducted by the covered 
                        organization or in the form of investments in 
                        the covered organization.
                            ``(II) Any amounts received by the covered 
                        organization from a person who prohibited, in 
                        writing, the organization from using such 
                        amounts for campaign-related disbursements, but 
                        only if the covered organization agreed to 
                        follow the prohibition and deposited the 
                        amounts in an account which is segregated from 
                        any account used to make campaign-related 
                        disbursements.''.
    (d) Modification of Additional Requirements for Certain 
Communications.--Section 318(d) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30120(d)) is amended--
            (1) in paragraph (1)(A)--
                    (A) by striking ``which is transmitted through 
                radio'' and inserting ``which is in an audio format''; 
                and
                    (B) by striking ``By radio'' in the heading and 
                inserting ``Audio format'';
            (2) in paragraph (1)(B)--
                    (A) by striking ``which is transmitted through 
                television'' and inserting ``which is in video 
                format''; and
                    (B) by striking ``By television'' in the heading 
                and inserting ``Video format''; and
            (3) in paragraph (2)--
                    (A) by striking ``transmitted through radio or 
                television'' and inserting ``made in audio or video 
                format''; and
                    (B) by striking ``through television'' in the 
                second sentence and inserting ``in video format''.

SEC. 403. DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS MADE THROUGH 
              PRERECORDED TELEPHONE CALLS.

    (a) Application of Requirements.--
            (1) In general.--Section 318(a) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30120(a)) is amended by 
        striking ``mailing'' each place it appears and inserting 
        ``mailing, telephone call consisting in substantial part of a 
        prerecorded audio message''.
            (2) Application to communications subject to expanded 
        disclaimer requirements.--Section 318(e)(1) of such Act (52 
        U.S.C. 30120(e)(1)), as added by section 302(a), is amended in 
        the matter preceding subparagraph (A) by striking ``which is 
        transmitted in an audio or video format'' and inserting ``which 
        is transmitted in an audio or video format or which consists of 
        a telephone call consisting in substantial part of a 
        prerecorded audio message''.
    (b) Treatment as Communication Transmitted in Audio Format.--
            (1) Communications by candidates or authorized persons.--
        Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended by 
        adding at the end the following new paragraph:
            ``(3) Prerecorded telephone calls.--Any communication 
        described in paragraph (1), (2), or (3) of subsection (a) 
        (other than a communication which is subject to subsection (e)) 
        which is a telephone call consisting in substantial part of a 
        prerecorded audio message shall include, in addition to the 
        requirements of such paragraph, the audio statement required 
        under subparagraph (A) of paragraph (1) or the audio statement 
        required under paragraph (2) (whichever is applicable), except 
        that the statement shall be made at the beginning of the 
        telephone call.''.
            (2) Communications subject to expanded disclaimer 
        requirements.--Section 318(e)(3) of such Act (52 U.S.C. 
        30120(e)(3)), as added by section 302(a), is amended by adding 
        at the end the following new subparagraph:
                    ``(D) Prerecorded telephone calls.--In the case of 
                a communication to which this subsection applies which 
                is a telephone call consisting in substantial part of a 
                prerecorded audio message, the communication shall be 
                considered to be transmitted in an audio format.''.

SEC. 404. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS ON 
              INTERNET COMMUNICATIONS.

    Nothing in this title or the amendments made by this title may be 
construed to require any person who is not required under section 318 
of the Federal Election Campaign Act of 1971 to include a disclaimer on 
communications made by the person through the internet to include any 
disclaimer on any such communications.

SEC. 405. EFFECTIVE DATE.

    The amendments made by this title shall apply with respect to 
communications made on or after January 1, 2023, and shall take effect 
without regard to whether or not the Federal Election Commission has 
promulgated regulations to carry out such amendments.

                         TITLE V--SEVERABILITY

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 unconstitutional, 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.
                                                       Calendar No. 484

117th CONGRESS

  2d Session

                                S. 4822

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