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116th Congress    }                                 {    Rept. 116-246
                        HOUSE OF REPRESENTATIVES
 1st Session      }                                 {           Part 1

======================================================================



 
 STOPPING HARMFUL INTERFERENCE IN ELECTIONS FOR A LASTING DEMOCRACY ACT

                                _______
                                

October 21, 2019.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Ms. Lofgren, from the Committee on House Administration, submitted the 
                               following

                              R E P O R T

                             together with

                           SUPPLEMENTAL VIEWS

                        [To accompany H.R. 4617]

    The Committee on House Administration, to whom was referred 
the bill (H.R. 4617) to amend the Federal Election Campaign Act 
of 1971 to clarify the obligation to report acts of foreign 
election influence and require implementation of compliance and 
reporting systems by Federal campaigns to detect and report 
such acts, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................     2
Purpose and Summary..............................................    12
Background and Need for Legislation..............................    12
Hearings.........................................................    22
Committee Consideration..........................................    22
Committee Votes..................................................    22
Committee Oversight Findings.....................................    24
Statement of General Performance Goals and Objectives............    24
New Budget Authority, Entitlement Authority, and Tax Expenditures    24
Earmarks and Tax and Tariff Benefits.............................    25
Committee Cost Estimate..........................................    25
Congressional Budget Office Estimate.............................    25
Federal Mandates Statement.......................................    25
Non-Duplication of Federal Programs..............................    25
Advisory Committee Statement.....................................    25
Applicability to Legislative Branch..............................    25
Section-by-Section Analysis of the Legislation...................    25
Changes in Existing Law Made by the Bill as Reported.............    32
Supplemental Views...............................................    87

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Stopping Harmful 
Interference in Elections for a Lasting Democracy Act'' or the ``SHIELD 
Act''.
  (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.

                TITLE I--ENHANCED REPORTING REQUIREMENTS

 Subtitle A--Establishing Duty to Report Foreign Election Interference

Sec. 101. Federal campaign reporting of foreign contacts.
Sec. 102. Federal campaign foreign contact reporting compliance system.
Sec. 103. Criminal penalties.
Sec. 104. Rule of construction.

  Subtitle B--Strengthening Oversight of Online Political Advertising

Sec. 111. Short title.
Sec. 112. Purpose.
Sec. 113. Expansion of definition of public communication.
Sec. 114. Expansion of definition of electioneering communication.
Sec. 115. Application of disclaimer statements to online 
communications.
Sec. 116. Political record requirements for online platforms.
Sec. 117. Preventing contributions, expenditures, independent 
expenditures, and disbursements for electioneering communications by 
foreign nationals in the form of online advertising.

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

Sec. 201. Clarification of prohibition on participation by foreign 
nationals in election-related activities.
Sec. 202. Clarification of application of foreign money ban to certain 
disbursements and activities.
Sec. 203. Audit and report on illicit foreign money in Federal 
elections.
Sec. 204. Prohibition on contributions and donations by foreign 
nationals in connections with ballot initiatives and referenda.
Sec. 205. Expansion of limitations on foreign nationals participating 
in political advertising.

         TITLE III--DETERRING FOREIGN INTERFERENCE IN ELECTIONS

   Subtitle A--Deterrence Under Federal Election Campaign Act of 1971

Sec. 301. Restrictions on exchange of campaign information between 
candidates and foreign powers.
Sec. 302. Clarification of standard for determining existence of 
coordination between campaigns and outside interests.

                         Subtitle B--[Reserved]

                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Effective dates of provisions.
Sec. 402. Severability.

                TITLE I--ENHANCED REPORTING REQUIREMENTS

 Subtitle A--Establishing Duty to Report Foreign Election Interference

SEC. 101. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.

  (a) Initial Notice.--
          (1) In general.--Section 304 of the Federal Election Campaign 
        Act of 1971 (52 U.S.C. 30104) is amended by adding at the end 
        the following new subsection:
  ``(j) Disclosure of Reportable Foreign Contacts.--
          ``(1) Committee obligation to notify.--Not later than 1 week 
        after a reportable foreign contact, each political committee 
        shall notify the Federal Bureau of Investigation and the 
        Commission of the reportable foreign contact and provide a 
        summary of the circumstances with respect to such reportable 
        foreign contact.
          ``(2) Individual obligation to notify.--Not later than 3 days 
        after a reportable foreign contact--
                  ``(A) each candidate shall notify the treasurer or 
                other designated official of the principal campaign 
                committee of such candidate of the reportable foreign 
                contact and provide a summary of the circumstances with 
                respect to such reportable foreign contact; and
                  ``(B) each official, employee, or agent of a 
                political committee shall notify the treasurer or other 
                designated official of the committee of the reportable 
                foreign contact and provide a summary of the 
                circumstances with respect to such reportable foreign 
                contact.
          ``(3) Reportable foreign contact.--In this subsection:
                  ``(A) In general.--The term `reportable foreign 
                contact' means any direct or indirect contact or 
                communication that--
                          ``(i) is between--
                                  ``(I) a candidate, a political 
                                committee, or any official, employee, 
                                or agent of such committee; and
                                  ``(II) an individual that the person 
                                described in subclause (I) knows, has 
                                reason to know, or reasonably believes 
                                is a covered foreign national; and
                          ``(ii) the person described in clause (i)(I) 
                        knows, has reason to know, or reasonably 
                        believes involves--
                                  ``(I) an offer or other proposal for 
                                a contribution, donation, expenditure, 
                                disbursement, or solicitation described 
                                in section 319; or
                                  ``(II) coordination or collaboration 
                                with, an offer or provision of 
                                information or services to or from, or 
                                persistent and repeated contact with, a 
                                covered foreign national in connection 
                                with an election.
                  ``(B) Exception.--The term `reportable foreign 
                contact' shall not include any contact or communication 
                with a covered foreign national by an elected official 
                or an employee of an elected official solely in an 
                official capacity as such an official or employee. For 
                purposes of the previous sentence, a contact or 
                communication by an elected official or an employee of 
                an elected official shall not be considered to be made 
                solely in an official capacity if the contact or 
                communication involves a contribution, donation, 
                expenditure, disbursement, or solicitation described in 
                section 319.
                  ``(C) Covered foreign national defined.--
                          ``(i) In general.--In this paragraph, 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 
                                subclause (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 subclause (I); 
                                or
                                  ``(III) any person included in the 
                                list of specially designated nationals 
                                and blocked persons maintained by the 
                                Office of Foreign Assets Control of the 
                                Department of the Treasury pursuant to 
                                authorities relating to the imposition 
                                of sanctions relating to the conduct of 
                                a foreign principal described in 
                                subclause (I).
                          ``(ii) Clarification regarding application to 
                        citizens of the united states.--In the case of 
                        a citizen of the United States, subclause (II) 
                        of clause (i) applies only to the extent that 
                        the person involved acts within the scope of 
                        that person's status as the agent of a foreign 
                        principal described in subclause (I) of clause 
                        (i).''.
          (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to reportable foreign contacts which 
        occur on or after the date of the enactment of this Act.
  (b) Information Included on Report.--
          (1) In general.--Section 304(b) of such Act (52 U.S.C. 
        30104(b)) is amended--
                  (A) by striking ``and'' at the end of paragraph (7);
                  (B) by striking the period at the end of paragraph 
                (8) and inserting ``; and''; and
                  (C) by adding at the end the following new paragraph:
          ``(9) for any reportable foreign contact (as defined in 
        subsection (j)(3))--
                  ``(A) the date, time, and location of the contact;
                  ``(B) the date and time of when a designated official 
                of the committee was notified of the contact;
                  ``(C) the identity of individuals involved; and
                  ``(D) a description of the contact, including the 
                nature of any contribution, donation, expenditure, 
                disbursement, or solicitation involved and the nature 
                of any activity described in subsection 
                (j)(3)(A)(ii)(II) involved.''.
          (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to reports filed on or after the 
        expiration of the 60-day period which begins on the date of the 
        enactment of this Act.

SEC. 102. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE SYSTEM.

  (a) In General.--Section 302 of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30102) is amended by adding at the end the following 
new subsection:
  ``(j) Reportable Foreign Contacts Compliance Policy.--
          ``(1) Reporting.--Each political committee shall establish a 
        policy that requires all officials, employees, and agents of 
        such committee to notify the treasurer or other appropriate 
        designated official of the committee of any reportable foreign 
        contact (as defined in section 304(j)) not later than 3 days 
        after such contact was made.
          ``(2) Retention and preservation of records.--Each political 
        committee shall establish a policy that provides for the 
        retention and preservation of records and information related 
        to reportable foreign contacts (as so defined) for a period of 
        not less than 3 years.
          ``(3) Certification.--
                  ``(A) In general.--Upon filing its statement of 
                organization under section 303(a), and with each report 
                filed under section 304(a), the treasurer of each 
                political committee (other than an authorized 
                committee) shall certify that--
                          ``(i) the committee has in place policies 
                        that meet the requirements of paragraphs (1) 
                        and (2);
                          ``(ii) the committee has designated an 
                        official to monitor compliance with such 
                        policies; and
                          ``(iii) not later than 1 week after the 
                        beginning of any formal or informal affiliation 
                        with the committee, all officials, employees, 
                        and agents of such committee will--
                                  ``(I) receive notice of such 
                                policies;
                                  ``(II) be informed of the 
                                prohibitions under section 319; and
                                  ``(III) sign a certification 
                                affirming their understanding of such 
                                policies and prohibitions.
                  ``(B) Authorized committees.--With respect to an 
                authorized committee, the candidate shall make the 
                certification required under subparagraph (A).''.
  (b) Effective Date.--
          (1) In general.--The amendment made by subsection (a) shall 
        apply with respect to political committees which file a 
        statement of organization under section 303(a) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or after 
        the date of the enactment of this Act.
          (2) Transition rule for existing committees.--Not later than 
        30 days after the date of the enactment of this Act, each 
        political committee under the Federal Election Campaign Act of 
        1971 shall file a certification with the Federal Election 
        Commission that the committee is in compliance with the 
        requirements of section 302(j) of such Act (as added by 
        subsection (a)).

SEC. 103. CRIMINAL PENALTIES.

  Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30109(d)(1)) is amended by adding at the end the following new 
subparagraphs:
  ``(E) Any person who knowingly and willfully commits a violation of 
subsection (j) or (b)(9) of section 304 or section 302(j) shall be 
fined not more than $500,000, imprisoned not more than 5 years, or 
both.
  ``(F) Any person who knowingly and willfully conceals or destroys any 
materials relating to a reportable foreign contact (as defined in 
section 304(j)) shall be fined not more than $1,000,000, imprisoned not 
more than 5 years, or both.''.

SEC. 104. RULE OF CONSTRUCTION.

  Nothing in this subtitle or the amendments made by this subtitle 
shall be construed--
          (1) to impede legitimate journalistic activities; or
          (2) to impose any additional limitation on the right to 
        express political views or to participate in public discourse 
        of any individual who--
                  (A) resides in the United States;
                  (B) is not a citizen of the United States or a 
                national of the United States, as defined in section 
                101(a)(22) of the Immigration and Nationality Act (8 
                U.S.C. 1101(a)(22)); and
                  (C) is not lawfully admitted for permanent residence, 
                as defined by section 101(a)(20) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(20)).

  Subtitle B--Strengthening Oversight of Online Political Advertising

SEC. 111. SHORT TITLE.

  This subtitle may be cited as the ``Honest Ads Act''.

SEC. 112. PURPOSE.

  The purpose of this subtitle is to enhance the integrity of American 
democracy and national security by improving disclosure requirements 
for online political advertisements in order to uphold the Supreme 
Court's well-established standard that the electorate bears the right 
to be fully informed.

SEC. 113. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.

  (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 communication'' and inserting ``satellite, paid 
internet, or paid digital communication''.
  (b) Treatment of Contributions and Expenditures.--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 advertising'' and inserting ``in any 
        public communication''; and
          (2) in paragraph (9)(B)--
                  (A) by amending clause (i) to read as follows:
                          ``(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 
                        facilities are owned or controlled by any 
                        political party, political committee, or 
                        candidate;''; and
                  (B) in clause (iv), by striking ``on broadcasting 
                stations, or in newspapers, magazines, or similar types 
                of general public political advertising'' and inserting 
                ``in any public communication''.
  (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, magazine, outdoor advertising 
        facility, mailing, or any other type of general public 
        political advertising'' and inserting ``financing any public 
        communication''; and
          (2) by striking ``solicits any contribution through any 
        broadcasting station, newspaper, magazine, outdoor advertising 
        facility, mailing, or any other type of general public 
        political advertising'' and inserting ``solicits any 
        contribution through any public communication''.

SEC. 114. EXPANSION OF DEFINITION OF ELECTIONEERING COMMUNICATION.

  (a) Expansion to Online Communications.--
          (1) Application to qualified internet and digital 
        communications.--
                  (A) In general.--Subparagraph (A) of section 
                304(f)(3) of the Federal Election Campaign Act of 1971 
                (52 U.S.C. 30104(f)(3)(A)) is amended by striking ``or 
                satellite communication'' each place it appears in 
                clauses (i) and (ii) and inserting ``satellite, or 
                qualified internet or digital communication''.
                  (B) Qualified internet or digital communication.--
                Paragraph (3) of section 304(f) of such Act (52 U.S.C. 
                30104(f)) is amended by adding at the end the following 
                new subparagraph:
                  ``(D) Qualified internet or digital communication.--
                The term `qualified internet or digital communication' 
                means any communication which is placed or promoted for 
                a fee on an online platform (as defined in subsection 
                (k)(3)).''.
          (2) Nonapplication of relevant electorate to online 
        communications.--Section 304(f)(3)(A)(i)(III) of such Act (52 
        U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any 
        broadcast, cable, or satellite'' before ``communication''.
          (3) News exemption.--Section 304(f)(3)(B)(i) of such Act (52 
        U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
                          ``(i) a communication appearing in a news 
                        story, commentary, or editorial distributed 
                        through the facilities of any broadcasting 
                        station or any online or digital newspaper, 
                        magazine, blog, publication, or periodical, 
                        unless such broadcasting, online, or digital 
                        facilities are owned or controlled by any 
                        political party, political committee, or 
                        candidate;''.
  (b) Effective Date.--The amendments made by this section shall apply 
with respect to communications made on or after January 1, 2020.

SEC. 115. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE 
                    COMMUNICATIONS.

  (a) Clear and Conspicuous Manner Requirement.--Subsection (a) of 
section 318 of the Federal Election 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 inserting ``shall state in 
        a clear and conspicuous manner''; and
          (2) by adding at the end the following flush sentence: ``For 
        purposes of this section, a communication does not make a 
        statement in a clear and conspicuous manner if it is difficult 
        to read or hear or if the placement is easily overlooked.''.
  (b) Special Rules for Qualified Internet or Digital Communications.--
          (1) In general.--Section 318 of such Act (52 U.S.C. 30120) is 
        amended by adding at the end the following new subsection:
  ``(e) Special Rules for Qualified Internet or Digital 
Communications.--
          ``(1) Special rules with respect to statements.--In the case 
        of any communication to which this section applies which is a 
        qualified internet or digital communication (as defined in 
        section 304(f)(3)(D)) which is disseminated through a medium in 
        which the provision of all of the information specified in this 
        section is not possible, the communication shall, in a clear 
        and conspicuous manner--
                  ``(A) state the name of the person who paid for the 
                communication; and
                  ``(B) provide a means for the recipient of the 
                communication to obtain the remainder of the 
                information required under this section with minimal 
                effort and without receiving or viewing any additional 
                material other than such required information.
          ``(2) Safe harbor for determining clear and conspicuous 
        manner.--A statement in a qualified 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 
        following requirements:
                  ``(A) Text or graphic communications.--In the case of 
                a text or graphic communication, the statement--
                          ``(i) appears in letters at least as large as 
                        the majority of the text in the communication; 
                        and
                          ``(ii) meets the requirements of paragraphs 
                        (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 communication and lasts at least 3 seconds.
                  ``(C) Video communications.--In the case of a video 
                communication which also includes audio, the 
                statement--
                          ``(i) is included at either the beginning or 
                        the end of the communication; and
                          ``(ii) is made both in--
                                  ``(I) a written format that meets the 
                                requirements of subparagraph (A) and 
                                appears for at least 4 seconds; and
                                  ``(II) an audible format that meets 
                                the requirements of subparagraph (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 exceptions.--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, as added by this Act).
  (c) Modification of Additional Requirements for Certain 
Communications.--Section 318(d) of such Act (52 U.S.C. 30120(d)) is 
amended--
          (1) in paragraph (1)(A)--
                  (A) by striking ``which is transmitted through 
                radio'' and inserting ``which is in an audio format''; 
                and
                  (B) by striking ``By radio'' in the heading and 
                inserting ``Audio format'';
          (2) in paragraph (1)(B)--
                  (A) by striking ``which is transmitted through 
                television'' and inserting ``which is in video 
                format''; and
                  (B) by striking ``By television'' in the heading and 
                inserting ``Video format''; and
          (3) in paragraph (2)--
                  (A) by striking ``transmitted through radio or 
                television'' and inserting ``made in audio or video 
                format''; and
                  (B) by striking ``through television'' in the second 
                sentence and inserting ``in video format''.

SEC. 116. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.

  (a) In General.--Section 304 of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30104), as amended by section 101(a), is further 
amended by adding at the end the following new subsection:
  ``(k) Disclosure of Certain Online Advertisements.--
          ``(1) In general.--
                  ``(A) Requirements for online platforms.--An online 
                platform shall maintain, and make available for online 
                public inspection in machine readable format, a 
                complete record of any request to purchase on such 
                online platform a qualified political advertisement 
                which is made by a person whose aggregate requests to 
                purchase qualified political advertisements on such 
                online platform during the calendar year exceeds $500.
                  ``(B) Requirements for advertisers.--Any person who 
                requests to purchase a qualified political 
                advertisement on an online platform shall provide the 
                online platform with such information as is necessary 
                for the online platform to comply with the requirements 
                of subparagraph (A).
          ``(2) Contents of record.--A record maintained under 
        paragraph (1)(A) shall contain--
                  ``(A) a digital copy of the qualified political 
                advertisement;
                  ``(B) a description of the audience targeted by the 
                advertisement, the number of views generated from the 
                advertisement, and the date and time that the 
                advertisement is first displayed and last displayed; 
                and
                  ``(C) information regarding--
                          ``(i) the average rate charged for the 
                        advertisement;
                          ``(ii) the name of the candidate to which the 
                        advertisement refers and the office to which 
                        the candidate is seeking election, the election 
                        to which the advertisement refers, or the 
                        national legislative issue to which the 
                        advertisement refers (as applicable);
                          ``(iii) in the case of a request made by, or 
                        on behalf of, a candidate, the name of the 
                        candidate, the authorized committee of the 
                        candidate, and the treasurer of such committee; 
                        and
                          ``(iv) in the case of any request not 
                        described in clause (iii), the name of the 
                        person purchasing the advertisement, the name 
                        and address of a contact person for such 
                        person, and a list of the chief executive 
                        officers or members of the executive committee 
                        or of the board of directors of such person.
          ``(3) Online platform.--For purposes of this subsection, the 
        term `online platform' means any public-facing website, web 
        application, or digital application (including a social 
        network, ad network, or search engine) which--
                  ``(A) sells qualified political advertisements; and
                  ``(B) has 50,000,000 or more unique monthly United 
                States visitors or users for a majority of months 
                during the preceding 12 months.
          ``(4) Qualified political advertisement.--For purposes of 
        this subsection, the term `qualified political advertisement' 
        means any advertisement (including search engine marketing, 
        display advertisements, video advertisements, native 
        advertisements, and sponsorships) that--
                  ``(A) is made by or on behalf of a candidate; or
                  ``(B) communicates a message relating to any 
                political matter of national importance, including--
                          ``(i) a candidate;
                          ``(ii) any election to Federal office; or
                          ``(iii) a national legislative issue of 
                        public importance.
          ``(5) Time to maintain file.--The information required under 
        this subsection shall be made available as soon as possible and 
        shall be retained by the online platform for a period of not 
        less than 4 years.
          ``(6) Safe harbor for platforms making best efforts to 
        identify requests which are subject to record maintenance 
        requirements.--In accordance with rules established by the 
        Commission, if an online platform shows that the platform used 
        best efforts to determine whether or not a request to purchase 
        a qualified political advertisement was subject to the 
        requirements of this subsection, the online platform shall not 
        be considered to be in violation of such requirements.
          ``(7) Penalties.--For penalties for failure by online 
        platforms, and persons requesting to purchase a qualified 
        political advertisement on online platforms, to comply with the 
        requirements of this subsection, see section 309.''.
  (b) Rulemaking.--Not later than 120 days after the date of the 
enactment of this Act, the Federal Election Commission shall establish 
rules--
          (1) requiring common data formats for the record required to 
        be maintained under section 304(k) of the Federal Election 
        Campaign Act of 1971 (as added by subsection (a)) so that all 
        online platforms submit and maintain data online in a common, 
        machine-readable and publicly accessible format;
          (2) establishing search interface requirements relating to 
        such record, including searches by candidate name, issue, 
        purchaser, and date; and
          (3) establishing the criteria for the safe harbor exception 
        provided under paragraph (6) of section 304(k) of such Act (as 
        added by subsection (a)).
  (c) Reporting.--Not later than 2 years after the date of the 
enactment of this Act, and biannually thereafter, the Chairman of the 
Federal Election Commission shall submit a report to Congress on--
          (1) matters relating to compliance with and the enforcement 
        of the requirements of section 304(k) of the Federal Election 
        Campaign Act of 1971, as added by subsection (a);
          (2) recommendations for any modifications to such section to 
        assist in carrying out its purposes; and
          (3) identifying ways to bring transparency and accountability 
        to political advertisements distributed online for free.

SEC. 117. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT 
                    EXPENDITURES, AND DISBURSEMENTS FOR ELECTIONEERING 
                    COMMUNICATIONS BY FOREIGN NATIONALS IN THE FORM OF 
                    ONLINE ADVERTISING.

  Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121) is amended by adding at the end the following new subsection:
  ``(c) Responsibilities of Broadcast Stations, Providers of Cable and 
Satellite Television, and Online Platforms.--
          ``(1) Responsibilities described.--Each television or radio 
        broadcast station, provider of cable or satellite television, 
        or online platform (as defined in section 304(k)(3)) shall make 
        reasonable efforts to ensure that communications described in 
        section 318(a) and made available by such station, provider, or 
        platform are not purchased by a foreign national, directly or 
        indirectly. For purposes of the previous sentence, a station, 
        provider, or online platform shall not be considered to have 
        made reasonable efforts under this paragraph in the case of the 
        availability of a communication unless the station, provider, 
        or online platform directly inquires from the individual or 
        entity making such purchase whether the purchase is to be made 
        by a foreign national, directly or indirectly.
          ``(2) Special rules for disbursement paid with credit card.--
        For purposes of paragraph (1), a television or radio broadcast 
        station, provider of cable or satellite television, or online 
        platform shall be considered to have made reasonable efforts 
        under such paragraph in the case of a purchase of the 
        availability of a communication which is made with a credit 
        card if--
                  ``(A) the individual or entity making such purchase 
                is required, at the time of making such purchase, to 
                disclose the credit verification value of such credit 
                card; and
                  ``(B) the billing address associated with such credit 
                card is located in the United States or, in the case of 
                a purchase made by an individual who is a United States 
                citizen living outside of the United States, the 
                individual provides the television or radio broadcast 
                station, provider of cable or satellite television, or 
                online platform with the United States mailing address 
                the individual uses for voter registration purposes.''.

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

SEC. 201. CLARIFICATION OF PROHIBITION ON PARTICIPATION BY FOREIGN 
                    NATIONALS IN ELECTION-RELATED ACTIVITIES.

  (a) Clarification of Prohibition.--Section 319(a) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is amended--
          (1) by striking ``or'' at the end of paragraph (1);
          (2) by striking the period at the end of paragraph (2) and 
        inserting ``; or''; and
          (3) by adding at the end the following new paragraph:
          ``(3) a foreign national to direct, dictate, control, or 
        directly or indirectly participate in the decision making 
        process of any person (including a corporation, labor 
        organization, political committee, or political organization) 
        with regard to such person's Federal or non-Federal election-
        related activity, including any decision concerning the making 
        of contributions, donations, expenditures, or disbursements in 
        connection with an election for any Federal, State, or local 
        office or any decision concerning the administration of a 
        political committee.''.
  (b) Certification of Compliance.--Section 319 of such Act (52 U.S.C. 
30121), as amended by section 117, is further amended by adding at the 
end the following new subsection:
  ``(d) Certification of Compliance Required Prior to Carrying Out 
Activity.--Prior to the making in connection with an election for 
Federal office of any contribution, donation, expenditure, independent 
expenditure, or disbursement for an electioneering communication by a 
corporation, labor organization (as defined in section 316(b)), limited 
liability corporation, or partnership during a year, the chief 
executive officer of the corporation, labor organization, limited 
liability corporation, or partnership (or, if the corporation, labor 
organization, limited liability corporation, or partnership does not 
have a chief executive officer, the highest ranking official of the 
corporation, labor organization, limited liability corporation, or 
partnership), shall file a certification with the Commission, under 
penalty of perjury, that a foreign national did not direct, dictate, 
control, or directly or indirectly participate in the decision making 
process relating to such activity in violation of subsection (a)(3), 
unless the chief executive officer has previously filed such a 
certification during that calendar year.''.
  (c) Effective Date.--The amendments made by this section shall take 
effect upon the expiration of the 180-day period which begins on the 
date of the enactment of this Act.

SEC. 202. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN TO CERTAIN 
                    DISBURSEMENTS AND ACTIVITIES.

  (a) Application to Disbursements to Super PACs.--Section 319(a)(1)(A) 
of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) 
is amended by striking the semicolon and inserting the following: ``, 
including any disbursement to a political committee which accepts 
donations or contributions that do not comply with the limitations, 
prohibitions, and reporting requirements of this Act (or any 
disbursement to or on behalf of any account of a political committee 
which is established for the purpose of accepting such donations or 
contributions);''.
  (b) Conditions Under Which Corporate PACs May Make Contributions and 
Expenditures.--Section 316(b) of such Act (52 U.S.C. 30118(b)) is 
amended by adding at the end the following new paragraph:
  ``(8) A separate segregated fund established by a corporation may not 
make a contribution or expenditure during a year unless the fund has 
certified to the Commission the following during the year:
          ``(A) Each individual who manages the fund, and who is 
        responsible for exercising decisionmaking authority for the 
        fund, is a citizen of the United States or is lawfully admitted 
        for permanent residence in the United States.
          ``(B) No foreign national under section 319 participates in 
        any way in the decisionmaking processes of the fund with regard 
        to contributions or expenditures under this Act.
          ``(C) The fund does not solicit or accept recommendations 
        from any foreign national under section 319 with respect to the 
        contributions or expenditures made by the fund.
          ``(D) Any member of the board of directors of the corporation 
        who is a foreign national under section 319 abstains from 
        voting on matters concerning the fund or its activities.''.

SEC. 203. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN FEDERAL 
                    ELECTIONS.

  (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section 
319 the following new section:

``SEC. 319A. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS.

  ``(a) Audit.--
          ``(1) In general.--The Commission shall conduct an audit 
        after each Federal election cycle to determine the incidence of 
        illicit foreign money in such Federal election cycle.
          ``(2) Procedures.--In carrying out paragraph (1), the 
        Commission shall conduct random audits of any disbursements 
        required to be reported under this Act, in accordance with 
        procedures established by the Commission.
  ``(b) Report.--Not later than 180 days after the end of each Federal 
election cycle, the Commission shall submit to Congress a report 
containing--
          ``(1) results of the audit required by subsection (a)(1); and
          ``(2) recommendations to address the presence of illicit 
        foreign money in elections, as appropriate.
  ``(c) Definitions.--As used in this section:
          ``(1) The term `Federal election cycle' means the period 
        which begins on the day after the date of a regularly scheduled 
        general election for Federal office and which ends on the date 
        of the first regularly scheduled general election for Federal 
        office held after such date.
          ``(2) The term `illicit foreign money' means any disbursement 
        by a foreign national (as defined in section 319(b)) prohibited 
        under such section.''.
  (b) Effective Date.--The amendment made by subsection (a) shall apply 
with respect to the Federal election cycle that began during November 
2018, and each succeeding Federal election cycle.

SEC. 204. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN 
                    NATIONALS IN CONNECTIONS WITH BALLOT INITIATIVES 
                    AND REFERENDA.

  (a) In General.--Section 319(a)(1)(A) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by striking 
``election'' and inserting the following: ``election, including a State 
or local ballot initiative or referendum''.
  (b) Effective Date.--The amendment made by this section shall apply 
with respect to elections held in 2020 or any succeeding year.

SEC. 205. EXPANSION OF LIMITATIONS ON FOREIGN NATIONALS PARTICIPATING 
                    IN POLITICAL ADVERTISING.

  (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 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 section 304(k)(3)), 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 
                described in section 304(j)(3)(C); or
                  ``(I) a disbursement by a covered foreign national 
                described in section 304(j)(3)(C) 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 communication 
                contains express advocacy or the functional equivalent 
                of express advocacy);''.
  (b) 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.

         TITLE III--DETERRING FOREIGN INTERFERENCE IN ELECTIONS

   Subtitle A--Deterrence Under Federal Election Campaign Act of 1971

SEC. 301. RESTRICTIONS ON EXCHANGE OF CAMPAIGN INFORMATION BETWEEN 
                    CANDIDATES AND FOREIGN POWERS.

  Section 319 of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121), as amended by section 117 and section 201(b), is further 
amended by adding at the end the following new subsection:
  ``(e) Restrictions on Exchange of Information Between Candidates and 
Foreign Powers.--
          ``(1) Treatment of offer to share nonpublic campaign material 
        as solicitation of contribution from foreign national.--If a 
        candidate or an individual affiliated with the campaign of a 
        candidate, or if a political committee or an individual 
        affiliated with a political committee, provides or offers to 
        provide nonpublic campaign material to a covered foreign 
        national or to another person whom the candidate, committee, or 
        individual knows or has reason to know will provide the 
        material to a covered foreign national, the candidate, 
        committee, or individual (as the case may be) shall be 
        considered for purposes of this section to have solicited a 
        contribution or donation described in subsection (a)(1)(A) from 
        a foreign national.
          ``(2) Definitions.--In this subsection, the following 
        definitions apply:
                  ``(A) The term `candidate' means an individual who 
                seeks nomination for, or election to, any Federal, 
                State, or local public office.
                  ``(B) The term `covered foreign national' has the 
                meaning given such term in section 304(j)(3)(C).
                  ``(C) The term `individual affiliated with a 
                campaign' means, with respect to a candidate, an 
                employee of any organization legally authorized under 
                Federal, State, or local law to support the candidate's 
                campaign for nomination for, or election to, any 
                Federal, State, or local public office, as well as any 
                independent contractor of such an organization and any 
                individual who performs services on behalf of the 
                organization, whether paid or unpaid.
                  ``(D) The term `individual affiliated with a 
                political committee' means, with respect to a political 
                committee, an employee of the committee as well as any 
                independent contractor of the committee and any 
                individual who performs services on behalf of the 
                committee, whether paid or unpaid.
                  ``(E) The term `nonpublic campaign material' means, 
                with respect to a candidate or a political committee, 
                campaign material that is produced by the candidate or 
                the committee or produced at the candidate or 
                committee's expense or request which is not distributed 
                or made available to the general public or otherwise in 
                the public domain, including polling and focus group 
                data and opposition research, except that such term 
                does not include material produced for purposes of 
                consultations relating solely to the candidate's or 
                committee's position on a legislative or policy 
                matter.''.

SEC. 302. CLARIFICATION OF STANDARD FOR DETERMINING EXISTENCE OF 
                    COORDINATION BETWEEN CAMPAIGNS AND OUTSIDE 
                    INTERESTS.

  Section 315(a) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30116(a)) is amended by adding at the end the following new 
paragraph:
  ``(10) For purposes of paragraph (7), an expenditure or disbursement 
may be considered to have been made in cooperation, consultation, or 
concert with, or coordinated with, a person without regard to whether 
or not the cooperation, consultation, or coordination is carried out 
pursuant to agreement or formal collaboration.''.

                         Subtitle B--[Reserved]

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. EFFECTIVE DATES OF PROVISIONS.

  Each provision of this Act and each amendment made by a provision of 
this Act shall take effect on the effective date provided under this 
Act for such provision or such amendment without regard to whether or 
not the Federal Election Commission, the Attorney General, or any other 
person has promulgated regulations to carry out such provision or such 
amendment.

SEC. 402. SEVERABILITY.

  If any provision of this Act or any amendment made by this Act, or 
the application of a provision of this Act or an amendment made by this 
Act to any person or circumstance, is held to be unconstitutional, the 
remainder of this Act, and the application of the provisions to any 
person or circumstance, shall not be affected by the holding.

                          Purpose and Summary

    H.R. 4617, the ``Stopping Harmful Interference in Elections 
for a Lasting Democracy'' or the ``SHIELD Act,'' as amended, is 
comprehensive legislation to strengthen the resilience of our 
democracy and protect against foreign interference in 
elections, including by foreign governments.
    The SHIELD Act requires political committees to report 
foreign contacts that involve offers of unlawful campaign 
assistance to the Federal Bureau of Investigation (FBI) and 
Federal Election Commission (FEC). The bill modernizes campaign 
finance law to uphold Americans' right to know who is behind 
election-related advertising and disinformation, including 
better disclosure of the sources of online political 
advertisements. It also closes gaps in the law that foreign 
nationals (including foreign governments) can exploit to 
influence elections.

                  Background and Need for Legislation

    The 2020 Federal elections are fast approaching. Public 
confidence and trust in our elections is of utmost importance. 
The SHIELD Act responds to vulnerabilities in the rules that 
govern our democracy. The need for action is urgent.
    Top intelligence and law enforcement officials have warned 
repeatedly about the need to bolster the security of our 
elections. This includes guarding against interference from 
foreign powers using online influence operations and tactics.
    Special Counsel Robert Mueller concluded in his March 2019 
report on the investigation into Russian election interference 
that the ``Russian government interfered in the 2016 
presidential election in sweeping and systematic fashion.''\1\ 
The report detailed how Russian operatives used social media 
and cyberattacks to influence the 2016 presidential election. 
As to future involvement in American elections, Mueller 
testified at a hearing before the House Permanent Select 
Committee on Intelligence that ``[t]hey're doing it as we sit 
here.''\2\
---------------------------------------------------------------------------
    \1\Special Counsel Robert S. Mueller, III, Report on the 
Investigation Into Russian Interference in the 2016 Presidential 
Election, Volume I, pg. 1, https://www.justice.gov/storage/report.pdf.
    \2\Transcript of the Hearing: ``Former Special Counsel Robert S. 
Mueller III on the Investigation Into Russian Interference in the 2016 
Presidential Election,'' July 24, 2019, U.S. House of Representatives, 
Permanent Select Committee on Intelligence, at 66.
---------------------------------------------------------------------------
    In January 2017, the Office of the Director of National 
Intelligence published key judgments in its assessment of 
Russian activities and intentions in the 2016 presidential 
election.\3\ Among the key judgments, Russian actions to 
influence the 2016 election represented ``Moscow's longstanding 
desire to undermine the US-led liberal democratic order. . . . 
Moscow's influence campaign followed a Russian messaging 
strategy that blends covert intelligence operations--such as 
cyber activity--with overt efforts by Russian Government 
agencies, state-funded media, third-party intermediaries, and 
paid social media users or `trolls.'''\4\
---------------------------------------------------------------------------
    \3\Office of the Director of National Intelligence, ``Intelligence 
Community Assessment: Assessing Russian Activities and Intentions in 
Recent US Elections,'' Jan. 6, 2017, https://www.dni.gov/files/
documents/ICA_2017_01.pdf.
    \4\Id. at ii.
---------------------------------------------------------------------------
    Interference is not limited to the Russian government. 
Other adversaries, including nonstate actors, could also 
exploit vulnerabilities in the rules that govern American 
elections. In January 2019, then-Director of National 
Intelligence (``DNI'') Daniel R. Coats issued a stern warning 
about likely foreign interference in the upcoming 2020 
elections:

          Our adversaries and strategic competitors probably 
        already are looking to the 2020 US elections as an 
        opportunity to advance their interests. More broadly, 
        US adversaries and strategic competitors almost 
        certainly will use online influence operations to try 
        to weaken democratic institutions, undermine US 
        alliances and partnerships, and shape policy outcomes 
        in the United States and elsewhere. We expect our 
        adversaries and strategic competitors to refine their 
        capabilities and add new tactics as they learn from 
        each other's experiences, suggesting the threat 
        landscape could look very different in 2020 and future 
        elections. . . . Moscow may employ additional influence 
        toolkits--such as spreading disinformation, conducting 
        hack-and-leak operations, or manipulating data--in a 
        more targeted fashion to influence US policy, actions, 
        and elections.\5\
---------------------------------------------------------------------------
    \5\Daniel R. Coats, Statement for the Record: Worldwide Threat 
Assessment of the U.S. Intelligence Community, Jan. 29, 2019, pg. 7, 
https://www.dni.gov/files/ODNI/documents/2019-ATA-SFR---SSCI.pdf.

    These views are shared by other law enforcement officials. 
In July 2019, FBI Director Christopher Wray testified in a 
Senate Judiciary Committee hearing that ``[t]he Russians are 
absolutely intent on trying to interfere with our 
elections.''\6\ He said that his ``view is until they stop, 
they haven't been deterred enough.''\7\ In April 2019, Director 
Wray spoke to an audience at the Council on Foreign Relations, 
where he said that ``malign foreign influence . . . [describes] 
the fairly aggressive campaign that we saw in 2016 and that's 
described in the Special Counsel's report, and that has 
continued pretty much unabated. . . . The use of social media, 
fake news, propaganda, false personas, et cetera, to spin us 
up, pit us against each other, sow divisiveness and discord, 
undermine Americans' faith in democracy. That is not just an 
election-cycle threat; it's pretty much a 365-days-a-year 
threat. And that has absolutely continued.''\8\ He said that he 
viewed ``2018 as just kind of a dress rehearsal for the big 
show in 2020.''\9\
---------------------------------------------------------------------------
    \6\Doina Chiacu, ``FBI Director Wray: Russia Intent on Interfering 
with U.S. Elections,'' July 23, 2019, https://www.reuters.com/article/
us-usa-election-security/fbi-director-wray-russia-intent-on-
interfering-with-us-elections-idUSKCN1UI1XW.
    \7\Id.
    \8\Council on Foreign Relations, ``A Conversation with Christopher 
Wray,'' April 26, 2019, https://www.cfr.org/event/conversation-
christopher-wray-0/.
    \9\Id.
---------------------------------------------------------------------------
    Recent investigations have exposed other vulnerabilities to 
foreign interference in American elections that extend beyond 
cyberthreats and disinformation. Special Counsel Mueller wrote, 
for example, that the ``social media campaign and the GRU 
hacking operations coincided with a series of contacts between 
Trump Campaign officials and individuals with ties to the 
Russian government.''\10\ Contacts between high level campaign 
officials and agents of foreign governments in connection with 
an election, coupled with offers of their assistance and 
valuable information, undermine long-established principles of 
democratic sovereignty.
---------------------------------------------------------------------------
    \10\Mueller, supra note 1, at 5.
---------------------------------------------------------------------------
    The ease through which foreign entities interfered in the 
2016 presidential election emboldens future adversaries to 
interfere in elections to come. Recent events demonstrate that 
there are steps Congress must take to shore up laws governing 
the integrity of our democracy.

Enhanced reporting requirements

    Disclosure curbs corruption and the appearance of 
corruption. It is also an important tool to ensure compliance 
with the law and advance the public's right to information.
    Special Counsel Mueller's report details how a major aspect 
of the Russian influence campaign was repeated outreach to 
members of the Trump campaign.\11\ The Special Counsel wrote 
that ``the investigation established that the Russian 
government perceived it would benefit from a Trump presidency 
and worked to secure that outcome, and that the Campaign 
expected it would benefit electorally from information stolen 
and released through Russian efforts.''\12\
---------------------------------------------------------------------------
    \11\Mueller, supra note 1, at 5-7.
    \12\Mueller, supra note 1, at 5.
---------------------------------------------------------------------------
    Analysis of Special Counsel Mueller's investigation and 
public reporting established that then-candidate ``Donald J. 
Trump and 18 of his associates had at least 140 contacts with 
Russian nationals and WikiLeaks, or their intermediaries, 
during the 2016 campaign and presidential transition.''\13\
---------------------------------------------------------------------------
    \13\Karen Yourish and Larry Buchanan, ``Mueller Report Shows Depth 
of Connections Between Trump Campaign and Russians,'' N.Y. Times, April 
19, 2019, https://www.nytimes.com/interactive/2019/01/26/us/politics/
trump-contacts-russians-wikileaks.html.
---------------------------------------------------------------------------
    For example, George Papadopoulos, a foreign policy advisor 
to the Trump campaign, ``suggested to a representative of a 
foreign government that the Trump campaign had received 
indications from the Russian government that it could assist 
the campaign through the anonymous release of information 
damaging to candidate Clinton. Throughout this period of time 
and for several months thereafter, Papadopoulos worked with 
[Joseph] Mifsud and two Russian nationals to arrange a meeting 
between the Campaign and the Russian government,'' although no 
meeting took place.\14\
---------------------------------------------------------------------------
    \14\Mueller, supra note 1, at 5-6.
---------------------------------------------------------------------------
    In another example, Special Counsel Mueller wrote that in 
June 2016, ``senior representatives of the Trump campaign met 
in Trump Tower with a Russian attorney expecting to receive 
derogatory information about Hillary Clinton from the Russian 
Government.''\15\ The meeting came about after Donald Trump 
Jr., the presidential candidate's son, received an email from a 
publicist, Rob Goldstone, about the ``Crown prosecutor of 
Russia'' [sic] and an offer ``to provide the Trump campaign 
with some official documents and information that would 
incriminate Hillary [Clinton] and her dealings with Russia and 
would be very useful to your father. This is obviously very 
high level and sensitive information but is part of Russia and 
its government's support for Mr. Trump.''\16\ Donald Trump Jr., 
responded in an email that ``if it's what you say I love it.'' 
The Trump Tower meeting took place less than a week later.
---------------------------------------------------------------------------
    \15\Id. at 110.
    \16\Id. at 113.
---------------------------------------------------------------------------
    The campaign did not report these repeated contacts to law 
enforcement.
    It is unlawful for any person to solicit from a foreign 
national, including a foreign government, a contribution or 
donation of money or other thing of value in connection with an 
election.\17\ Moreover, a contribution is defined as ``any gift 
or anything of value made by any person for the purpose of 
influencing any election for Federal office.''\18\ A ``thing of 
value'' can include opposition research on a political 
opponent. According to the Chair of the FEC, ``[i]information 
can qualify as a thing of value political campaigns pay 
millions of dollars to acquire polling data, contact lists, and 
opposition research services.''\19\
---------------------------------------------------------------------------
    \17\52 U.S.C. Sec. 30121(a)(1)-(2).
    \18\52 U.S.C. Sec. 30108(8).
    \19\Letter from FEC Chair Ellen L. Weintraub to Senator Lindsey 
Graham and Senator Dianne Feinstein, June 18, 2019, https://
www.fec.gov/resources/cms-content/documents/2019-06-
18_Letter_to_Senate_Judiciary_on_Illegal_Foreign_Contributions.pdf.
---------------------------------------------------------------------------
    At a hearing before the United States House of 
Representatives Permanent Select Committee on Intelligence, in 
response to a question about whether it should be the 
responsibility of political campaigns to inform the FBI if they 
receive information from a foreign government, Special Counsel 
Mueller testified that he ``would think that that's something 
they would and should do,'' because knowingly accepting foreign 
assistance during a presidential campaign is ``a crime in 
certain circumstances.''\20\
---------------------------------------------------------------------------
    \20\Transcript of the Hearing: ``Former Special Counsel Robert S. 
Mueller III on the Investigation Into Russian Interference in the 2016 
Presidential Election,'' July 24, 2019, U.S. House of Representatives, 
Permanent Select Committee on Intelligence, at 30 and 88.
---------------------------------------------------------------------------
    FEC Chair Weintraub echoed this sentiment in a statement:

          Let me make something 100% clear to the American 
        public and anyone running for public office: It is 
        illegal for any person to solicit, accept, or receive 
        anything of value from a foreign national in connection 
        with a U.S. election. This is not a novel concept. 
        Electoral intervention from foreign governments has 
        been considered unacceptable since the beginnings of 
        our nation. Our Founding Fathers sounded the alarm 
        about ``foreign Interference, Intrigue, and 
        Influence.'' They knew that when foreign governments 
        seek to influence American politics, it is always to 
        advance their own interests, not America's. Anyone who 
        solicits or accepts foreign assistance risks being on 
        the wrong end of a federal investigation. Any political 
        campaign that receives an offer of a prohibited 
        donation from a foreign source should report that offer 
        to the Federal Bureau of Investigation.\21\
---------------------------------------------------------------------------
    \21\Chair Ellen L. Weintraub, Chair, FEC, ``Statement Regarding 
Illegal Contributions from Foreign Governments,'' June 13, 2019, 
https://www.fec.gov/resources/cms-content/documents/
Chair_Weintraub_on_Illegal_Foreign_Contributions.pdf.
---------------------------------------------------------------------------
            Establishing a Duty to Report Foreign Election Interference
    The SHIELD Act establishes a duty to report foreign 
election interference.
    The bill designates a reportable foreign contact as any 
direct or indirect contact or communication between a 
candidate, a political committee, or any official, employee, or 
agent of a committee, and an individual that such a person 
knows or has reason to know is a ``covered foreign national.'' 
Moreover, the contact or communication must involve an offer or 
other proposal for an unlawful contribution, donation, 
expenditure, disbursement, or solicitation, or coordination or 
collaboration in connection with an election.
    A ``covered foreign national'' is defined as a foreign 
government; foreign political party; any of their agents; and 
anyone 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 (referred elsewhere 
in this report as the ``sanctions list'').
    The SHIELD Act also requires political committees to 
establish compliance systems, including policies to provide for 
retention and preservation of records.
            Strengthened Disclosure Rules Governing Online Political 
                    Advertising--Honest Ads Act
    The SHIELD Act establishes disclosure rules for online 
political advertising and guards against foreign interference 
via digital platforms. Digital political advertising continues 
to skyrocket. According to the Center for Responsive Politics, 
spending on digital ads in the 2018 midterms was expected to 
cost $1.9 billion, or approximately 22 percent of overall 
political advertising.\22\ Digital advertising is a relatively 
inexpensive and effective medium to spread a message quickly 
and efficiently.\23\
---------------------------------------------------------------------------
    \22\Megan Janetsky, ``Low Transparency, Low Regulation Online 
Political Ads Skyrocket,'' Center for Responsive Politics, Mar. 7, 
2018, https://www.opensecrets.org/news/2018/03/low-transparency-low-
regulation-online-political-ads-skyrocket/.
    \23\Written Testimony of Wendy R. Weiser, Director, Democracy 
Program at the Brennan Center for Justice at NYU School of Law, 
Hearing: ``For the People: Our American Democracy,'' Feb. 14, 2019, at 
23.
---------------------------------------------------------------------------
    The failure of campaign finance laws to keep pace with 
technology, especially with the emergence of social media, has 
opened up our system to vulnerabilities.\24\
---------------------------------------------------------------------------
    \24\See generally Hamsini Sridharan and Ann M. Ravel, 
``Illuminating Dark Digital Politics: Campaign Finance Disclosure for 
the 21st Century,'' October 2017 (finding that the ``lack of a 21st 
century disclosure system is all the more stark when considering the 
pace with which communication is moving online.'').
---------------------------------------------------------------------------
    Russia's efforts to sow division and distrust in democracy 
during the 2016 election included ``overt efforts by Russian 
Government agencies, state-funded media, third-party 
intermediaries, and paid social media users or `trolls.'''\25\ 
Facebook disclosed that it ``identified more than $100,000 
worth of divisive ads on hot-button issues purchased by a 
shadowy Russian company linked to the Kremlin.''\26\ The 
Washington Post reported that ``two teams of independent 
researchers found that the 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.''\27\
---------------------------------------------------------------------------
    \25\Office of the Director of National Intelligence, ``Assessing 
Russian Activities and Intentions in Recent US Elections,'' Jan. 6, 
2017, at ii, https://www.dni.gov/files/documents/ICA_2017_01.pdf.
    \26\Scott Shane and Vindu Goel, ``Fake Russian Facebook Accounts 
Bought $100,000 in Political Ads,'' N.Y. Times, Sept. 6, 2017, https://
www.nytimes.com/2017/09/06/technology/facebook-russian-political-
ads.html.
    \27\Craig Timberg, ``Russian Propaganda Effort Helped Spread `Fake 
News' During Election, Experts Say,'' Wash. Post, Nov. 24, 2016, 
https://www.washingtonpost.com/business/economy/russian-propaganda-
effort-helped-spread-fake-news-during-election-experts-say/2016/11/24/
793903b6-a40-4ca9-b712-716af66098fe_story.html?utm_term=.24841509a330.
---------------------------------------------------------------------------
    According to Special Counsel Mueller, the Internet Research 
Agency (IRA), based in St. Petersburg, Russia, ``used social 
media accounts and interest groups to sow discord in the U.S. 
political system through what it termed `information 
warfare.'''\28\ He also wrote that to ``reach larger U.S. 
audiences, the IRA purchased advertisements from Facebook that 
promoted the IRA groups on the newsfeeds of U.S. audience 
members. . . . [M]any IRA-purchased advertisements explicitly 
supported or opposed as presidential candidate or promoted U.S. 
rallies organized by the IRA. . . . As early as March 2016, the 
IRA purchased advertisements that overtly opposed the Clinton 
Campaign. . . . IRA-purchased advertisements referencing 
candidate Trump largely supported his campaign. . . . 
Collectively, the IRA's social media accounts reached tens of 
millions of U.S. persons.''\29\
---------------------------------------------------------------------------
    \28\Mueller, supra note 1, at 4.
    \29\Id. at 25-26.
---------------------------------------------------------------------------
    The SHIELD Act incorporates provisions from the Honest Ads 
Act (H.R. 2592), which updates the rules that apply to online 
political advertising by incorporating disclosure and 
disclaimer requirements that apply to traditional media, while 
providing regulatory flexibility for new forms of digital 
advertising. This will help ensure that voters make informed 
decisions at the ballot box and know who is spending money on 
digital political advertisements.
    It also expands the definition of public communication to 
include paid internet or paid digital communications and amends 
the definition of electioneering communication to include 
certain digital or internet communications placed or promoted 
for a fee online.
    In addition, the bill requires that large online platforms 
(defined to include those with 50 million or more unique 
monthly United States visitors or users) maintain public 
databases of political ad purchases. This is a concept that 
already applies to broadcasters, who must maintain public files 
of political advertisements. The online databases maintained by 
the platforms will provide the public with information about 
the purchasers of online political ads, including how the 
audience is targeted. Political advertisements are defined to 
include those that communicate messages relating to political 
matters of national importance, including about candidates, 
elections, and national legislative issues of public 
importance.
    The SHIELD Act, by incorporating the Honest Ads Act, 
requires broadcasters, providers of cable or satellite 
television, and online platforms to make reasonable efforts to 
ensure that political advertising is not purchased by foreign 
nationals, directly or indirectly.

Closing Loopholes Allowing Spending by Foreign Nationals in Elections

    Citizens United v. Federal Election Commission unleashed 
new modes of dark money spending through artificial entities, 
including Super PACs, corporations, and certain nonprofit 
organizations.\30\ The SHIELD Act takes steps to close 
loopholes that could permit foreign nationals, including 
foreign governments, to spend money to influence and interfere 
in United States elections in contravention of the existing 
prohibition on campaign spending by foreign nationals.\31\
---------------------------------------------------------------------------
    \30\Citizens United v. Federal Election Commission, 558 U.S. 310 
(2010).
    \31\52 U.S.C. Sec. 30121.
---------------------------------------------------------------------------
            Clarifying the Prohibition on Foreign Nationals in 
                    Decision-Making Concerning Campaign Spending
    The SHIELD Act codifies existing FEC regulations that 
prohibit foreign nationals from directing, dictating, 
controlling, or participating in decision-making concerning 
campaign spending. Moreover, it makes explicit that foreign 
nationals may not make contributions to independent 
expenditure-only committees (Super PACs) and enacts strong 
compliance rules.
            Auditing and Reporting on Illicit Foreign Money in Federal 
                    Elections
    The SHIELD Act would require the FEC to determine the 
incidence of illicit foreign money in each Federal Election 
Cycle and provide a report to Congress after each Federal 
election cycle with the results of the audit as well as 
recommendations to address the presence of any illicit foreign 
money.
            Prohibition on Contributions and Donations by Foreign 
                    Nationals in Connection with Ballot Initiatives and 
                    Referenda
    The SHIELD Act would extend the existing foreign money 
prohibition to include ballot initiatives and referenda, which 
are currently not explicitly considered Federal, State or local 
elections for purposes of the existing foreign money 
prohibition.\32\
---------------------------------------------------------------------------
    \32\Id.
---------------------------------------------------------------------------
            Expansion on Campaign-Related Spending Prohibitions
    As described earlier, Special Counsel Mueller's report 
detailed how the St. Petersburg, Russia-based Internet Research 
Agency (IRA) used social media to influence the election, 
including by purchasing digital political advertisements that 
explicitly named candidates and major political issues at stake 
in the election. Moreover, the United States Senate Select 
Committee on Intelligence issued a report finding that ``no 
single group of Americans was targeted by IRA information 
operatives more than African-Americans. By far, race and 
related issues were the preferred target of the information 
warfare designed to divide the country in 2016.''\33\
---------------------------------------------------------------------------
    \33\Report of the United States Select Committee on Intelligence on 
Russian Active Measures Campaigns and Interference in the 2016 U.S. 
Election, Volume 2, pg. 4, https://www.intelligence.senate.gov/sites/
default/files/documents/Report_Volume2.pdf.
---------------------------------------------------------------------------
    The SHIELD Act clarifies and expands the scope of the 
prohibition on spending by foreign nationals, including foreign 
governments. It extends the foreign national spending 
prohibition to digital and online campaign advertisements that 
refer to a clearly identified candidate within 60 days of a 
general, special or runoff election or 30 days before a primary 
or preference election, convention or caucus. This foreign 
national spending prohibition already applies to broadcast, 
cable, or satellite communications.\34\
---------------------------------------------------------------------------
    \34\Id. at Sec. 30121 (a)(1)(C).
---------------------------------------------------------------------------
    The SHIELD Act also applies the foreign spending 
prohibition to campaign advertisements that promote, support, 
attack, or oppose [``PASO''] the election of candidates, 
irrespective of whether the advertisement explicitly calls for 
the election or defeat of a candidate. In upholding this 
``PASO'' test against a constitutional challenge, the Supreme 
Court stated in McConnell v. FEC that the ``words provide 
explicit standards for those who apply them.''\35\ This 
provision of the SHIELD Act would address the Russian campaign 
advertisements that mentioned specific candidates, but fell 
short of explicitly calling for a candidate's election or 
defeat.
---------------------------------------------------------------------------
    \35\McConnell v. FEC, 540 U.S. 93, 170 note 64 (2003).
---------------------------------------------------------------------------
    The SHIELD Act also prohibits foreign governments, foreign 
political parties, their agents, and those on the 
aforementioned sanctions list from spending money on 
advertisements that discuss national legislative issues of 
public importance during a year in which a regularly-scheduled 
general election for Federal office is held. Such 
advertisements, promoted during an election year, could affect 
how Americans vote. According to Special Counsel Mueller's 
report, the IRA created a number of ``Facebook groups active 
during the 2016 campaign cover[ing] a range of political issues 
and included purported conservative groups (with names such as 
``Being Patriotic,'' ``Stop All Immigrants,'' ``Secured 
Borders,'' and ``Tea Party News,),'' purported Black social 
justice groups (``Black Matters,'' ``Blacktivist,'' and ``Don't 
Shoot Us''), LGBTQ groups 
(``LGBT United''), and religious groups (``United Muslims of 
America''). . . . To reach larger U.S. audiences, the IRA 
purchased advertisements from Facebook that promoted the IRA 
groups on the newsfeeds of U.S. audience members.''\36\ As 
described earlier, IRA accounts then began publishing ``an 
increasing number of materials supporting the Trump Campaign 
and opposing the Clinton Campaign.''\37\
---------------------------------------------------------------------------
    \36\Mueller, supra note 1, at 25.
    \37\Id.
---------------------------------------------------------------------------
    The SHIELD Act would prohibit many of the foreign 
government-sponsored advertisements with divisive social 
content intended to affect the outcome of an election during an 
election year, and that were used to recruit unwitting 
Americans to social media groups that later received content 
concerning the election.
    Still, a significant amount of the information warfare did 
not include paid advertisements. In addition to using 
advertising and viral content to recruit members of various 
Facebook groups, the Mueller report details how employees of 
the IRA created false personas on certain online platforms and 
then ``claimed (falsely) to be affiliated with U.S. political 
and grassroots organizations.''\38\ The purpose of these false 
accounts was ``to attempt to influence U.S. audiences on the 
election.''\39\ The ``IRA-controlled social media accounts 
criticized Clinton's record as Secretary of State and promoted 
various critiques of her candidacy.''\40\ The social media 
accounts ``reached tens of millions of U.S. persons.''\41\ Some 
of these fake social media persons (on both Facebook and 
Twitter) announced and promoted political rallies and 
events.\42\ According to Special Counsel Mueller, ``almost all 
of the U.S. rallies organized by the IRA focused on the U.S. 
election, often promoting the Trump campaign and opposing the 
Clinton campaign.''\43\
---------------------------------------------------------------------------
    \38\Id. at 22.
    \39\Id. at 27.
    \40\Id. at 23, note 49.
    \41\Id. at 26.
    \42\Id. at 29.
    \43\Id. at 31.
---------------------------------------------------------------------------
    The aforementioned report by the United States Senate 
Select Committee on Intelligence also found that paid 
advertisements were not the IRA's sole tactic, finding that 
``more than 61,500 Facebook posts, 116,000 Instagram posts, and 
10.4 million Tweets were the original creations of IRA 
influence operatives, disseminated under the guise of authentic 
user activity.''\44\ It also found that ``Kremlin-backed 
entities have spent years professionalizing a cadre of paid 
trolls, investing in large-scale, industrialized `troll farms,' 
in order to obscure Moscow's hand and advance the aims of 
Russia's information operations both domestically and 
abroad.''\45\
---------------------------------------------------------------------------
    \44\Report of the United States Select Committee on Intelligence on 
Russian Active Measures Campaigns and Interference in the 2016 U.S. 
Election, Volume 2, pg. 7, https://www.intelligence.senate.gov/sites/
default/files/documents/Report_Volume2.pdf.
    \45\Id. at 18.
---------------------------------------------------------------------------
    The SHIELD Act would render unlawful this sort of campaign-
related activity that is intended to affect the outcome of an 
election. It prohibits foreign governments, foreign political 
parties, their agents, and those on the aforementioned 
sanctions list from compensating any person for internet 
activity that promotes, supports, attacks, or opposes the 
election of clearly identified candidates for Federal, State, 
or local office.

Deterring Foreign Interference in Elections

            Restrictions on Exchanges of Campaign Information Between 
                    Candidates and Foreign Powers
    Special Counsel Mueller reported multiple contacts that the 
Trump campaign chairman Paul Manafort had with a longtime 
associate Konstantin Kilimnik, an individual with ``ties to 
Russian intelligence.''\46\ For example, Manafort ``instructed 
Rick Gates, his deputy on the Campaign and a longtime employee, 
to provide Kilimnik with updates on the Trump Campaign--
including internal polling data. . . . Manafort expected 
Kilimnik to share that information with others in Ukraine and 
with [Russian oligarch Oleg] Deripaska [who is ``closely 
aligned with Vladimir Putin''].\47\ Gates periodically sent 
such polling data to Kilimnik during the campaign.''\48\ 
According to the report, ``Manafort [REDACTED] did not see a 
downside to sharing campaign information.''\49\
---------------------------------------------------------------------------
    \46\Id. at 6.
    \47\Id. at 129; 131.
    \48\Id. at 129.
    \49\Id. at 130.
---------------------------------------------------------------------------
    Moreover, Kilimnik and Manafort met in person, where 
Manafort ``conveyed campaign information,'' including a meeting 
that Kilimnik requested to deliver a message from a former 
Ukranian President who was living in Russia ``about a peace 
plan for Ukraine that Manafort has since acknowledged was a 
`backdoor' means for Russia to control eastern Ukraine.''\50\ 
According to Special Counsel Mueller, they ``also discussed the 
status of the Trump Campaign and Manafort's strategy for 
winning Democratic votes in Midwestern states.''\51\ Manafort's 
campaign strategy briefing ``encompassed the Campaign's 
messaging and its internal polling data. According to Gates, it 
also included discussion of `battleground' states, which 
Manafort identified as Michigan, Wisconsin, Pennsylvania, and 
Minnesota.''\52\
---------------------------------------------------------------------------
    \50\Id. at 130.
    \51\Id. at 6-7.
    \52\Id. at 140.
---------------------------------------------------------------------------
    Existing law prohibits a person from soliciting, accepting, 
or receiving a contribution or donation of money or other thing 
of value from a foreign national, including foreign 
government.\53\ But the law does not explicitly prohibit 
sharing nonpublic, internal polling data with a foreign power, 
even when sharing such information would violate campaign 
finance coordination rules if, for example, the materials were 
shared with a Super PAC.\54\
---------------------------------------------------------------------------
    \53\52 U.S.C. Sec. 30121(a)(1)-(2).
    \54\See Id. Sec. 30116(a)(7)(B)(i); 11 C.F.R. Sec. 109.20.
---------------------------------------------------------------------------
    The SHIELD Act closes this gap in the law and further 
protects American elections from interference by a foreign 
power. It does so by treating an offer to share nonpublic 
campaign materials with a covered foreign national (including a 
foreign government, foreign political party, their agent, or an 
individual on the sanctions list) as a prohibited solicitation 
from a covered foreign national.
    Specifically, if a candidate or an individual affiliated 
with the campaign of a candidate (or a political committee) 
provides or offers to provide nonpublic campaign material to 
such a covered foreign national, or to another person whomthe 
candidate, committee, or individual knows or has reason to know will 
provide that material to a covered foreign national, such an action 
will be deemed a prohibited solicitation. Nonpublic campaign material 
includes polling and focus group data and opposition research.
            Clarification of standard for determining existence of 
                    coordination between campaigns and outside 
                    interests.
    Special Counsel Robert Mueller wrote that he ``understood 
coordination to require an agreement--tacit or express--between 
the Trump Campaign and the Russian government on election 
interference. That requires more than the two parties taking 
actions that were informed by or responsive to the other's 
actions or interests.''\55\
---------------------------------------------------------------------------
    \55\Mueller, supra note 1, at 2.
---------------------------------------------------------------------------
    However, in amending the FECA, Congress made clear that any 
new coordination communication regulations issued by the FEC 
``shall not require agreement or formal collaboration to 
establish coordination.''\56\ This is in keeping with Supreme 
Court precedent that campaign spending made ``after a `wink or 
nod' often will be `as useful to the candidates as cash.'''\57\
---------------------------------------------------------------------------
    \56\Note to 52 U.S.C. Sec. 30116(a)(7).
    \57\McConnell v. FEC, 540 U.S. 93, 221 (2003) (quoting FEC v. 
Colorado Republican Federal Campaign Comm., 533 U.S. 431, 442, 446 
(2001).
---------------------------------------------------------------------------
    The SHIELD Act clarifies and makes explicit that agreement 
or formal collaboration is not necessary to find coordination, 
but in fact, coordination can occur absent a formal agreement.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress the following hearings were used to develop or 
consider H.R. 2722:

          (1) On Wednesday, May 8, 2019 the Committee held a 
        hearing titled ``Election Security.'' The following 
        witnesses testified: Mr. Larry Norden, Brennan Center 
        for Justice; Ms. Marian Schneider, Verified Voting; Mr. 
        Joseph Lorenzo Hall, Center for Democracy and 
        Technology; The Honorable Jocelyn Benson, Secretary of 
        State, State of Michigan; and The Honorable John 
        Merrill, Secretary of State, State of Alabama.
          (2) On Tuesday, May 21, 2019, the Committee held a 
        hearing titled ``Oversight of the Election Assistance 
        Commission.'' The following witnesses testified: The 
        Honorable Christy McCormick, Commissioner and 
        Chairwoman, Election Assistance Commission, accompanied 
        by The Honorable Benjamin Hovland, Commissioner and 
        Vice Chair, Election Assistance Commission; The 
        Honorable Don Palmer, Commissioner, Election Assistance 
        Commission; and The Honorable Thomas Hicks, 
        Commissioner, Election Assistance Commission.
          (3) On Thursday, February 14, 2019, the Committee 
        held a hearing titled ``For the People: Our American 
        Democracy.'' The following witnesses testified: Mr. 
        Chiraag Bains, Director of Legal Strategies, Demos; Ms. 
        Wendy Weiser, Director, Democracy Program, Brennan 
        Center for Justice at NYU School of Law; Mr. Fred 
        Wertheimer, President, Democracy 21; The Honorable Kim 
        Wyman, Secretary of State, State of Washington; Mr. 
        Alejandro Rangel-Lopez, Senior at Dodge City High 
        School, Dodge City Kansas, and plaintiff in LULAC & 
        Rangel-Lopez v. Cox; Mr. Peter Earle, Wisconsin Civil 
        Rights Trial Lawyer; Mr. Brandon A. Jessup, Data 
        Science and Information Systems Professional; Executive 
        Director, Michigan Forward; and David Keating, 
        President, Institute for Free Speech.

                        Committee Consideration

    On Wednesday, October 16, 2019, the Committee met in open 
session and ordered the bill H.R. 4617 favorably reported with 
an amendment to the House, by a roll call vote of 6 to 1, a 
quorum being present. During consideration of the bill an 
amendment (Amendment No. 5) was offered by Mr. Davis of 
Illinois and was agreed to by voice vote:

          An amendment (No. 5) offered by Mr. Davis of Illinois 
        to amend section 201(b) of the amendment in the nature 
        of a substitute to insert ``labor organization'' after 
        ``a corporation'' and after ``the corporation'' each 
        place that it appears.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following rollcall votes occurred during the Committee's 
consideration of H.R. 4617:
    1. Motion to report H.R. 4617, as amended, favorably was 
agreed to by a rollcall vote of 6 to 1. The vote was as 
follows:

----------------------------------------------------------------------------------------------------------------
          Representative             Yea      Nay     Present      Representative      Yea      Nay     Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren......................       X   .......  .........  Mr. Davis (IL).....  .......       X   .........
Mr. Raskin.......................       X   .......  .........  Mr. Walker.........  .......  .......  .........
Ms. Davis (CA)...................       X   .......  .........  Mr. Loudermilk.....  .......  .......  .........
Mr. Butterfield..................       X   .......  .........
Ms. Fudge........................       X   .......  .........
Mr. Aguilar......................       X   .......  .........
----------------------------------------------------------------------------------------------------------------

    2. An amendment (No. 1) offered by Mr. Davis of Illinois to 
strike ``legitimate'' in section 104(l) was defeated by a 
rollcall vote of 1 to 5. The vote was as follows:

----------------------------------------------------------------------------------------------------------------
          Representative             Yea      Nay     Present      Representative      Yea      Nay     Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren......................  .......       X   .........  Mr. Davis (IL).....       X   .......  .........
Mr. Raskin.......................  .......       X   .........  Mr. Walker.........  .......  .......  .........
Ms. Davis (CA)...................  .......       X   .........  Mr. Loudermilk.....  .......  .......  .........
Mr. Butterfield..................  .......       X   .........
Ms. Fudge........................  .......  .......  .........
Mr. Aguilar......................  .......       X   .........
----------------------------------------------------------------------------------------------------------------

    3. An amendment (No. 2) offered by Mr. Davis of Illinois to 
strike subtitle B if title I by a rollcall vote of 1 to 3. The 
vote was as follows:

----------------------------------------------------------------------------------------------------------------
          Representative             Yea      Nay     Present      Representative      Yea      Nay     Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren......................  .......       X   .........  Mr. Davis (IL).....       X   .......  .........
Mr. Raskin.......................  .......  .......  .........  Mr. Walker.........  .......  .......  .........
Ms. Davis (CA)...................  .......       X   .........  Mr. Loudermilk.....  .......  .......  .........
Mr. Butterfield..................  .......  .......  .........
Ms. Fudge........................  .......  .......  .........
Mr. Aguilar......................  .......       X   .........
----------------------------------------------------------------------------------------------------------------

    4. An amendment (No. 3) offered by Mr. Davis of Illinois to 
strike section 115 was defeated by a rollcall vote of 1 to 5. 
The vote was as follows:

----------------------------------------------------------------------------------------------------------------
          Representative             Yea      Nay     Present      Representative      Yea      Nay     Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren......................  .......       X   .........  Mr. Davis (IL).....       X   .......  .........
Mr. Raskin.......................  .......  .......  .........  Mr. Walker.........  .......  .......  .........
Ms. Davis (CA)...................  .......       X   .........  Mr. Loudermilk.....  .......  .......  .........
Mr. Butterfield..................  .......       X   .........
Ms. Fudge........................  .......       X   .........
Mr. Aguilar......................  .......       X   .........
----------------------------------------------------------------------------------------------------------------

    5. An amendment (No. 4) offered by Mr. Davis of Illinois to 
strike section 116 was defeated by a rollcall vote of 1 to 5. 
The vote was as follows:

----------------------------------------------------------------------------------------------------------------
          Representative             Yea      Nay     Present      Representative      Yea      Nay     Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren......................  .......       X   .........  Mr. Davis (IL).....       X   .......  .........
Mr. Raskin.......................  .......  .......  .........  Mr. Walker.........  .......  .......  .........
Ms. Davis (CA)...................  .......       X   .........  Mr. Loudermilk.....  .......  .......  .........
Mr. Butterfield..................  .......       X   .........
Ms. Fudge........................  .......       X   .........
Mr. Aguilar......................  .......       X   .........
----------------------------------------------------------------------------------------------------------------

    6. An amendment (No. 6) offered by Mr. Davis of Illinois to 
insert a new title IV prohibiting ballot harvesting was 
defeated by a rollcall vote of 1 to 6. The vote was as follows:

----------------------------------------------------------------------------------------------------------------
          Representative             Yea      Nay     Present      Representative      Yea      Nay     Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren......................  .......       X   .........  Mr. Davis (IL).....       X   .......  .........
Mr. Raskin.......................  .......       X   .........  Mr. Walker.........  .......  .......  .........
Ms. Davis (CA)...................  .......       X   .........  Mr. Loudermilk.....  .......  .......  .........
Mr. Butterfield..................  .......       X   .........
Ms. Fudge........................  .......       X   .........
Mr. Aguilar......................  .......       X   .........
----------------------------------------------------------------------------------------------------------------

    7. An amendment (No. 8) offered by Mr. Davis of Illinois to 
insert a new section 303 to amend section 319(a) of FECA to 
prohibit direct or indirect disbursement of funds to foreign 
nationals by political committees by a rollcall vote of 1 to 6. 
The vote was as follows:

----------------------------------------------------------------------------------------------------------------
          Representative             Yea      Nay     Present      Representative      Yea      Nay     Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren......................  .......       X   .........  Mr. Davis (IL).....       X   .......  .........
Mr. Raskin.......................  .......       X   .........  Mr. Walker.........  .......  .......  .........
Ms. Davis (CA)...................  .......       X   .........  Mr. Loudermilk.....  .......  .......  .........
Mr. Butterfield..................  .......       X   .........
Ms. Fudge........................  .......       X   .........
Mr. Aguilar......................  .......       X   .........
----------------------------------------------------------------------------------------------------------------

    8. A motion to table an appeal to the ruling of the Chair 
offered by Mr. Raskin was agreed to by a rollcall vote of 6 to 
1. The vote was as follows:

----------------------------------------------------------------------------------------------------------------
          Representative             Yea      Nay     Present      Representative      Yea      Nay     Present
----------------------------------------------------------------------------------------------------------------
Ms. Lofgren......................       X   .......  .........  Mr. Davis (IL).....  .......       X   .........
Mr. Raskin.......................       X   .......  .........  Mr. Walker.........  .......  .......  .........
Ms. Davis (CA)...................       X   .......  .........  Mr. Loudermilk.....  .......  .......  .........
Mr. Butterfield..................       X   .......  .........
Ms. Fudge........................       X   .......  .........
Mr. Aguilar......................       X   .......  .........
----------------------------------------------------------------------------------------------------------------

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goals and objectives of this legislation is to 
protect elections from foreign influence and interference.

   New Budget Authority, Entitlement Authority, and Tax Expenditures

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee will adopt as 
its own the estimate of new budget authority, entitlement 
authority, or tax expenditures or revenues contained in the 
cost estimate prepared by the Director of the Congressional 
Budget Office pursuant to section 402 of the Congressional 
Budget Act of 1974.

                  Earmarks and Tax and Tariff Benefits

    H.R. 4617, as amended, contains no congressional earmarks, 
limited tax benefits, or limited tariff benefits as described 
in clauses 9(e), 9(f), and 9(g) of House rule XXI.

                        Committee Cost Estimate

    The Committee will adopt as its own the cost estimate on 
H.R. 4617, as amended, prepared by the Director of the 
Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, a cost estimate for H.R. 4617, as 
amended, provided by the Congressional Budget Office pursuant 
to section 402 of the Congressional Budget Act of 1974 was not 
available when the Committee filed this report.

                       Federal Mandates Statement

    The Committee will adopt as its own the estimate of Federal 
mandates regarding H.R. 4617, as amended, prepared by the 
Director of the Congressional Budget Office pursuant to section 
423 of the Unfunded Mandates Reform Act.

                  Non-Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of House rule XIII, the 
Committee states that no provision of this establishes or 
reauthorizes a program of the Federal Government known to be 
duplicative of another Federal program, a program that was 
included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most 
recent Catalog of Federal Domestic Assistance.

                      Advisory Committee Statement

    H.R. 4617, as amended, does not establish or authorize any 
new advisory committees.

                  Applicability to Legislative Branch

    H.R. 4617, as amended, does not apply to terms and 
conditions of employment or to access to public services or 
accommodations within the legislative branch.

             Section-by-Section Analysis of the Legislation


Section 1. Short title; table of contents

    Subsection (a) of this section would provide the short 
title of H.R. 4617, as amended, as the ``Stopping Harmful 
Interference in Elections for a Lasting Democracy Act'' or the 
``SHIELD Act.'' Subsection (b) would provide the table of 
contents.

                TITLE I--ENHANCED REPORTING REQUIREMENTS

 Subtitle A--Establishing Duty to Report Foreign Election Interference


Sec. 101. Federal campaign reporting of foreign contacts

    This section would amend section 304 of the Federal 
Election Campaign Act of 1971 (FECA) to add a new subsection to 
require disclosing reportable foreign contacts. It would create 
an obligation for each political committee to notify the 
Federal Bureau of Investigation (FBI) and the Federal Election 
Commission (FEC) of the contact and provide a summary of the 
circumstances of such contact not later than one week after 
said contact. It would also create an individual obligation for 
each candidate to notify the treasurer or other designated 
official of the principal campaign committee of the reportable 
foreign contact and to provide a summary of the circumstances 
of the contact not later than three days after said contact. It 
would require each official, employee, or agent of a political 
committee to notify the treasurer or other designated official 
of the committee of a contact and provide a summary of the 
circumstances of the contact, not later than three days after 
said contact.
    This section would define ``reportable foreign contact'' to 
mean any direct or indirect contact or communication between a 
candidate, political committee, or any official, employee, or 
agent of such committee, and an individual that any of the 
aforementioned individuals knows, or has reason to know, or 
reasonably believes, is a ``covered foreign national''; where 
any of the aforementioned individuals further knows, has reason 
to know, or reasonably believes the contact or communication 
involves an offer or other proposal for a contribution, 
donation, expenditure, disbursement, or solicitation forbidden 
in Section 319 of FECA, or involves a coordination or 
collaboration with, an offer or provision of information or 
services to or from, or persistent and repeated contact in 
connection with an election with a covered foreign national. It 
would create an exception such that ``reportable foreign 
contact'' does not include contact or communication between a 
covered foreign national and an elected official or such 
official's employee solely in their official capacity as an 
official or employee. This section would also preclude contact 
or communication that involves a contribution, donation, 
expenditure, disbursement or solicitation as defined in Section 
319 of the FECA Act from being considered exempt.
    This section would define a ``covered foreign national'' as 
a foreign principal that is a government of a foreign country 
or a foreign political party, an agent of such a foreign 
government or foreign political party, and persons on the list 
of specially designated nationals and blocked persons 
maintained by the Office of Foreign Assets Control of the 
Department of the Treasury subject to sanctions related to the 
conduct of a foreign government or foreign political party. The 
agent definition would apply to United States citizens only to 
the extent that person involved acts within the scope of that 
person's status as the agent of a foreign government or foreign 
political party. It would make this section applicable with 
respect to reportable foreign contacts occurring on or after 
the date of enactment.
    Finally, this section would provide that required reports 
for any reportable foreign contact shall include the date, 
time, and location of the contact, the date and time a 
designated committee official was notified of the contact, the 
identity of the individuals involved, and a description of the 
contact, including the nature of any contribution, donation, 
expenditure, disbursement, or solicitation involved or any 
prohibited activities discussed above. This section would be 
applicable to reports filed on or after the expiration of a 60-
day period beginning on the date of enactment.

Sec. 102. Federal campaign foreign contact reporting compliance system

    This section would establish a Federal campaign foreign 
contact reporting compliance system, whereby each political 
committee must establish a policy requiring all officials, 
employees and agents of such committee to notify the treasurer 
or other designated official of the committee of any reportable 
foreign contact not later than three days following the 
contact. It would require each political committee to establish 
a policy that provides for retention and preservation of 
records and information related to reportable foreign contacts 
for no fewer than three years. When filing a statement of 
organization or certain reports, it would require the treasurer 
of each political committee (except for an authorized 
committee) to certify that the committee has the aforementioned 
required policies in place, has designated an official to 
monitor compliance with such policies, and that not later than 
a week after the beginning of a formal or informal affiliation 
with the committee, all officials, employees, and agents of 
said committee will receive notice of such policies, be 
informed of contact restrictions, and sign a certification 
affirming their understanding of these policies and 
prohibitions. For authorized committees, the candidate would be 
required to make the required certification.
    Subsection (b) would provide an effective date of on or 
after the date of enactment and would allow existing political 
committees to file the aforementioned certification not later 
than 30 days after enactment.

Sec. 103. Criminal penalties

    Amends FECA to include penalties such that anyone who 
knowingly and willfully commits a violation these provisions 
shall be fined not more than $500,000, imprisoned not more than 
five years, or both. Further provides that anyone who knowingly 
and willfully conceals or destroys materials relating to a 
reportable foreign contact is to be fined not more than 
$1,000,000, imprisoned not more than five years, or both.

Sec. 104. Rule of construction

    This section would establish a rule of construction such 
that nothing in the title or amendments made by the title shall 
be construed to impede legitimate journalistic activities or to 
impose any additional limitation on the right to express 
political views or engage in public discourse for any 
individual who resides in the United States, is not a citizen 
or national, and is not lawfully admitted for permanent 
residence.

  Subtitle B--Strengthening Oversight of Online Political Advertising


Sec. 111. Short title

    This section would provide the short title of this subtitle 
as the ``Honest Ads Act.''

Sec. 112. Purpose

    This section would provide that the purpose of this 
subtitle is to improve disclosure requirements for online 
political advertisements to enhance the integrity of American 
democracy and national security, in order uphold the Supreme 
Court's well-established standard that the electorate bears the 
right to be fully informed.

Sec. 113. Expansion of definition of public communication

    This section would add ``paid internet or paid digital 
communication'' to the definition of public communication and 
amend the press exception to the definition of expenditure to 
account for online or digital outlets, including blogs and 
digital newspapers, unless such online or digital facilities 
are owned or controlled by any political party, political 
committee, or candidate.

Sec. 114. Expansion of definition of electioneering communication

    This section would add ``qualified internet or digital 
communication'' to the definition of electioneering 
communication and define ``qualified internet or digital 
communication'' to mean any communication which is placed or 
promoted for a fee on an online platform. It would not require 
electioneering communications by means of online communications 
to be targeted to the relevant electorate. It would amend the 
news exemption to the definition of electioneering 
communication to include communications appearing in a news 
story, commentary, or editorial distributed through the 
facilities of any broadcasting station or any online or digital 
newspaper, magazine, blog, publication, or periodical, unless 
such broadcasting, online, or digital facilities are owned or 
controlled by any political party, political committee, or 
candidate. Finally, it would provide that these amendments 
would apply with respect to communications made on or after 
January 1, 2020.

Sec. 115. Application of disclaimer statements to online communications

    This section would substitute ``shall state in a clear and 
conspicuous manner'' for ``shall clearly state'' when 
describing disclaimer requirements. It would clarify that 
communications are not made in a clear and conspicuous manner 
if it is difficult to read or hear or if the placement is 
easily overlooked. It would also provide special rules for 
disclaimers that apply to qualified internet or digital 
communications if the communication is disseminated through a 
medium in which providing all of the information is not 
possible. Specifically, it would require the communication to 
include in a clear and conspicuous manner the name of the 
person who paid for the communication, and provide a means for 
the recipient of the communication to obtain the remainder of 
the information with minimal effort. It would also include a 
safe harbor for clear and conspicuous statements for text, 
audio, and video communications. For text or graphic 
communications, letters would be required to appear at least as 
large as the majority of the text in the communication, 
contained in a printed box, and printed with a reasonable 
degree of color contrast between the background and the printed 
statement. Audio statements would be required to be clearly 
audible and intelligible at the beginning or end of a 
communication and last at least 3 seconds. Video with audio 
would be required to include the statement at the beginning or 
end of the communication, and be both in a written format that 
appears for 4 seconds and with audio that is clearly audible 
and intelligible for at least 3 seconds. All other types of 
communications would be required to be at least as clear and 
conspicuous as what is otherwise required for text, video, and 
audio. The ``small items'' regulatory exception for bumper 
stickers, pins, buttons, pens, and similar small items upon 
which disclaimers cannot be conveniently printed would not 
apply to qualified internet or digital communications, nor 
would the impracticability regulatory exception (for 
skywriting, water towers, wearing apparel) (specifically, 11 
CFR 110.11(f)(1)(i) and (ii), or any successor to these rules). 
Finally, it would modify ``stand by your ad'' requirements for 
candidates or authorized persons by substituting ``audio 
format'' for ``radio,'' and ``video format'' for 
``television.''

Sec. 116. Political record requirements for online platforms

    This section would require online platforms to maintain and 
make public in machine-readable format a complete record of any 
request to purchase qualified political advertisements made by 
a person whose aggregate requests on the online platform during 
the calendar year exceeds $500. It would require advertisers to 
provide the online platform with the necessary information for 
the online platform to comply. It would require the contents of 
the record to include a digital copy of the political 
advertisement, a description of the audience targeted, the 
number of views generated and the date and timing that the 
advertisement was first and last displayed, the average rate 
charged for the advertisement, the name of the candidate to 
which the advertisement refers (and the office sought) or the 
national legislative issue to which the advertisement refers. 
If a candidate is the advertiser, the record would be required 
to include the name of the candidate, the committee of the 
candidate, and the treasurer of the candidate. All other 
records would be required to include the name of the person 
purchasing the advertisement, the name and address of a contact 
person, and a list of the chief executive officers or members 
of the executive committee or of the board of directors of such 
person.
    Further, this section would define online platforms as any 
public-facing website, web application, or digital application 
(including a social network, ad network, or search engine) 
which sells qualified political advertisements and has 
50,000,000 or more unique monthly United States visitors or 
users for a majority of the months during the preceding 12 
months. Qualified political advertisements would be defined to 
mean any advertisements (including search engine marketing, 
display advertisements, video advertisements, native 
advertisements, and sponsorships) that are made by or on behalf 
of a candidate, or communicate a message relating to any 
political matter of national importance, including (i) a 
candidate; (ii) any election to Federal office, or (iii) a 
national legislative issue of public importance. Online 
platforms would be required to make the record public as soon 
as possible and retain the record for a period of not less than 
4 years. It would provide a safe harbor from enforcement for 
online platforms making their best efforts to identify requests 
which would be subject to record maintenance requirements. The 
FEC would be responsible for crafting these best efforts rules. 
Provides penalties for failure to otherwise comply.
    Finally, this section would require the FEC to establish 
rules, no later than 120 days after enactment, requiring common 
data formats for the online platform records so that they are 
machine-readable and publicly accessible, and establishing 
search interface requirements relating to such record, 
including searches by candidate name, issue, purchaser, and 
date. In addition, it would require the FEC to report 
biannually to Congress on matters relating to compliance, 
recommendations for modifications, and identifying other ways 
to bring transparency to online political advertisements 
distributed for free.

Sec. 117. Preventing contributions, expenditures, independent 
        expenditures, and disbursements for electioneering 
        communications by foreign nationals in the form of online 
        advertising

    This section would require broadcasters, providers of cable 
or satellite television and online platforms to make reasonable 
efforts to ensure that foreign nationals, either directly or 
indirectly, would not purchase political advertising. A 
reasonable effort would require that the station, provider, or 
online platform directly inquires from the individual or entity 
making the purchase whether the purchase is to be made by a 
foreign national, directly or indirectly. It would establish 
special rules constituting reasonable efforts for disbursements 
paid with credit card if, at the time of purchase, the 
purchaser had to disclose the credit verification value of the 
card, and the billing address associated with the card is in 
the United States, or, for United States citizens living 
abroad, the United States address used for voter registration 
purposes is provided.

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

Sec. 201. Clarification of prohibition on participation by foreign 
        nationals in election-related activities

    This section would amend FECA's ban on foreign nationals 
making contributions and expenditures in connection with 
elections by codifying language from an FEC regulation 
rendering it unlawful for a foreign national to direct, 
dictate, control, or directly or indirectly participate in the 
decision making process of any person (including a corporation, 
labor organization, political committee, or political 
organization) with regard to such person's election activity, 
including any decision making concerning the making of 
contributions, donations, expenditures, or disbursements in 
connection with elections; under certain circumstances, 
requires annual certification of compliance with ban on foreign 
national spending by chief executive officer or highest ranking 
official before any corporation or labor organization makes any 
contribution, donation or expenditure in connection with an 
election

Sec. 202. Clarification of application of foreign money ban to certain 
        disbursements and activities

    This section would prohibit foreign national contributions 
to Super PACs and prohibit any foreign national from 
participating in decision making by any corporate PAC. It would 
require annual certification of compliance before any 
contribution or expenditure.

Sec. 203. Audit and report on illicit foreign money in Federal 
        elections

    This section would require the FEC to conduct random audits 
to determine the incidence of illicit foreign money in each 
Federal election cycle. The FEC would submit a report to 
Congress no later than 180 days after the end of a Federal 
election cycle with the results of the audit as well as 
recommendations to address the presence of any illicit foreign 
money.

Sec. 204. Prohibition on contributions and donations by foreign 
        nationals in connections with ballot initiatives and referenda

    Currently, FECA prohibits the solicitation of a 
contribution or donation from a foreign national in connection 
with a Federal, state, or local election. This section would 
extend this prohibition to apply to state or local ballot 
initiatives or referenda.

Sec. 205. Expansion of limitations on foreign nationals participating 
        in political advertising

    Currently, FECA prohibits foreign nationals from making 
expenditures, independent expenditures, or disbursements for 
electioneering communications. This section would extend this 
prohibition to include: 1) disbursements for communications 
placed or promoted for a fee on a website, web application, or 
digital application that refer to a clearly identified 
candidate for Federal office and is disseminated within 60 days 
before a general, special, or runoff election, and within 30 
days of a primary election or a convention or caucus of a 
political party to nominate a candidate; 2) disbursements for a 
broadcast, cable or satellite communication, or for 
communications 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; 3) 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 that discusses an issue of national legislative 
importance (in an election year) but only ifthe disbursement is 
made by a covered foreign national as defined in section 101 of this 
measure (such as foreign governments or foreign political parties or 
their agents); and 4) a disbursement by a covered foreign national (as 
defined in Section 101) to compensate any person for internet activity 
that promotes, supports, attacks or opposes the election of a clearly 
identified candidate.

         TITLE III--DETERRING FOREIGN INTERFERENCE IN ELECTIONS

   Subtitle A--Deterrence under Federal Election Campaign Act of 1971


Sec. 301. Restrictions on exchange of campaign information between 
        candidates and foreign powers

    This section would amend FECA to clarify that if a 
candidate or political campaign (or their agent) or a political 
committee or individual affiliated with a political committee 
provides or offers to provide nonpublic campaign material to a 
covered foreign national, that act will be considered a 
solicitation for the purposes of the Act. Nonpublic campaign 
material would be defined to mean campaign material that is 
produced by the candidate or the committee or produced at the 
candidate or committee's expense or request which is not 
distributed or made available to the general public or 
otherwise in the public domain, including polling and focus 
group data and opposition research.

Sec. 302. Clarification of standard for determining existence of 
        coordination between campaigns and outside interests

    This section would amend FECA to clarify that an agreement 
or formal collaboration is not required in order to find 
``coordination'' between a candidate and outside spender.

   Subtitle B--Prohibiting deceptive practices and preventing voter 
                              intimidation


                               [RESERVED]


                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Effective dates of provisions

    This section would provide that each provision of this Act 
shall take effective without regard to whether or not the FEC, 
the Attorney General, or any other person has promulgated 
regulations to carry out such provision or such amendment.

Sec. 402. Severability

    This section would provide that if any provision of the Act 
is held to be unconstitutional, the remainder of the Act shall 
not be affected by the holding.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

                 FEDERAL ELECTION CAMPAIGN ACT OF 1971




           *       *       *       *       *       *       *
            TITLE III--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS


                              definitions

  Sec. 301. When used in this Act:
  (1) The term ``election'' means--
          (A) a general, special, primary, or runoff election;
          (B) a convention or caucus of a political party which 
        has authority to nominate a candidate;
          (C) a primary election held for the selection of 
        delegates to a national nominating convention of a 
        political party; and
          (D) a primary election held for the expression of a 
        preference for the nomination of individuals for 
        election to the office of President.
  (2) The term ``candidate'' means an individual who seeks 
nomination for election, or election, to Federal office, and 
for purposes of this paragraph, an individual shall be deemed 
to seek nomination for election, or election--
          (A) if such individual has received contributions 
        aggregating in excess of $5,000 or has made 
        expenditures aggregating in excess of $5,000; or
          (B) if such individual has given his or her consent 
        to another person to receive contributions or make 
        expenditures on behalf of such individual and if such 
        person has received such contributions aggregating in 
        excess of $5,000 or has made such expenditures 
        aggregating in excess of $5,000.
  (3) The term ``Federal office'' means the office of President 
or Vice President, or of Senator or Representative in, or 
Delegate or Resident Commissioner to, the Congress.
  (4) The term ``political committee'' means--
          (A) any committee, club, association, or other group 
        of persons which receives contributions aggregating in 
        excess of $1,000 during a calendar year or which makes 
        expenditures aggregating in excess of $1,000 during a 
        calendar year; or
          (B) any separate segregated fund established under 
        the provisions of section 316(b); or
          (C) any local committee of a political party which 
        receives contributions aggregating in excess of $5,000 
        during a calendar year, or makes payments exempted from 
        the definition of contribution or expenditure as 
        defined in section 301 (8) and (9) aggregating in 
        excess of $5,000 during a calendar year, or makes 
        contributions aggregating in excess of $1,000 during a 
        calendar year or makes expenditures aggregating in 
        excess of $1,000 during a calendar year.
  (5) The term ``principal campaign committee'' means a 
political committee designated and authorized by a candidate 
under section 302(e)(1).
  (6) The term ``authorized committee'' means the principal 
campaign committee or any other political committee authorized 
by a candidate under section 302(e)(1) to receive contributions 
or make expenditures on behalf of such candidate.
  (7) The term ``connected organization'' means any 
organization which is not a political committee but which 
directly or indirectly establishes, administers, or financially 
supports a political committee.
  (8)(A) The term ``contribution'' includes--
          (i) any gift, subscription, loan, advance, or deposit 
        of money or anything of value made by any person for 
        the purpose of influencing any election for Federal 
        office; or
          (ii) the payment by any person of compensation for 
        the personal services of another person which are 
        rendered to a political committee without charge for 
        any purpose.
  (B) The term ``contribution'' does not include--
          (i) the value of services provided without 
        compensation by any individual who volunteers on behalf 
        of a candidate or political committee;
          (ii) the use of real or personal property, including 
        a church or community room used on a regular basis by 
        members of a community for noncommercial purposes, and 
        the cost of invitations, food, and beverages, 
        voluntarily provided by an individual to any candidate 
        or any political committee of a political party in 
        rendering voluntary personal services on the 
        individual's residential premises or in the church or 
        community room for candidate-related or political 
        party-related activities, to the extent that the 
        cumulative value of such invitations, food, and 
        beverages provided by such individual on behalf of any 
        single candidate does not exceed $1,000 with respect to 
        any single election, and on behalf of all political 
        committees of a political party does not exceed $2,000 
        in any calendar year;
          (iii) the sale of any food or beverage by a vendor 
        for use in any candidate's campaign or for use by or on 
        behalf of any political committee of a political party 
        at a charge less than the normal comparable charge, if 
        such charge is at least equal to the cost of such food 
        or beverage to the vendor, to the extent that the 
        cumulative value of such activity by such vendor on 
        behalf of any single candidate does not exceed $1,000 
        with respect to any single election, and on behalf of 
        all political committees of a political party does not 
        exceed $2,000 in any calendar year;
          (iv) any unreimbursed payment for travel expenses 
        made by any individual on behalf of any candidate or 
        any political committee of a political party, to the 
        extent that the cumulative value of such activity by 
        such individual on behalf of any single candidate does 
        not exceed $1,000 with respect to any single election, 
        and on behalf of all political committees of a 
        political party does not exceed $2,000 in any calendar 
        year;
          (v) the payment by a State or local committee of a 
        political party of the costs of preparation, display, 
        or mailing or other distribution incurred by such 
        committee with respect to a printed slate card or 
        sample ballot, or other printed listing, of 3 or more 
        candidates for any public office for which an election 
        is held in the State in which such committee is 
        organized, except that this clause shall not apply to 
        any cost incurred by such committee with respect to a 
        display of any such listing made [on broadcasting 
        stations, or in newspapers, magazines, or similar types 
        of general public political advertising] in any public 
        communication;
          (vi) any payment made or obligation incurred by a 
        corporation or a labor organization which, under 
        section 316(b), would not constitute an expenditure by 
        such corporation or labor organization;
          (vii) any loan of money by a State bank, a federally 
        chartered depository institution, or a depository 
        institution the deposits or accounts of which are 
        insured by the Federal Deposit Insurance Corporation, 
        Federal Savings and Loan Insurance Corporation, or the 
        National Credit Union Administration, other than any 
        overdraft made with respect to a checking or savings 
        account, made in accordance with applicable law and in 
        the ordinary course of business, but such loan--
                  (I) shall be considered a loan by each 
                endorser or guarantor, in that proportion of 
                the unpaid balance that each endorser or 
                guarantor bears to the total number of 
                endorsers or guarantors;
                  (II) shall be made on basis which assures 
                repayment, evidenced by a written instrument, 
                and subject to a due date or amortization 
                schedule; and
                  (III) shall bear the usual and customary 
                interest rate of the lending institution;
          (viii) any legal or accounting services rendered to 
        or on behalf of--
                  (I) any political committee of a political 
                party if the person paying for such services is 
                the regular employer of the person rendering 
                such services and if such services are not 
                attributable to activities which directly 
                further the election of any designated 
                candidate to Federal office; or
                  (II) an authorized committee of a candidate 
                or any other political committee, if the person 
                paying for such services is the regular 
                employer of the individual rendering such 
                services and if such services are solely for 
                the purpose of ensuring compliance with this 
                Act or chapter 95 or chapter 96 of the Internal 
                Revenue Code of 1954,
        but amounts paid or incurred by the regular employer 
        for such legal or accounting services shall be reported 
        in accordance with section 304(b) by the committee 
        receiving such services;
          (ix) the payment by a State or local committee of a 
        political party of the costs of campaign materials 
        (such as pins, bumper stickers, handbills, brochures, 
        posters, party tabloids, and yard signs) used by such 
        committee in connection with volunteer activities on 
        behalf of nominees of such party: Provided, That--
                  (1) such payments are not for the costs of 
                campaign materials or activities used in 
                connection with any broadcasting, newspaper, 
                magazine, billboard, direct mail, or similar 
                type of general public communication or 
                political advertising;
                  (2) such payments are made from contributions 
                subject to the limitations and prohibitions of 
                this Act; and
                  (3) such payments are not made from 
                contributions designated to be spent on behalf 
                of a particular candidate or particular 
                candidates;
                          
          (x) the payment by a candidate, for nomination or 
        election to any public office (including State or local 
        office), or authorized committee of a candidate, of the 
        costs of campaign materials which include information 
        on or reference to any other candidate and which are 
        used in connection with volunteer activities (including 
        pins, bumper stickers, handbills, brochures, posters, 
        and yard signs, but not including the use of 
        broadcasting, newspapers, magazines, billboards, direct 
        mail, or similar types of general public communication 
        or political advertising): Provided, That such payments 
        are made from contributions subject to the limitations 
        and prohibitions of this Act;
          (xi) the payment by a State or local committee of a 
        political party of the costs of voter registration and 
        get-out-the-vote activities conducted by such committee 
        on behalf of nominees of such party for President and 
        Vice President: Provided, That--
                  (1) such payments are not for the costs of 
                campaign materials or activities used in 
                connection with any broadcasting, newspaper, 
                magazine, billboard, direct mail, or similar 
                type of general public communication or 
                political advertising;
                  (2) such payments are made from contributions 
                subject to the limitations and prohibitions of 
                this Act; and
                  (3) such payments are not made from 
                contributions designated to be spent on behalf 
                of a particular candidate or candidates;
                          
          (xii) payments made by a candidate or the authorized 
        committee of a candidate as a condition of ballot 
        access and payments received by any political party 
        committee as a condition of ballot access;
          (xiii) any honorarium (within the meaning of section 
        323 of this Act); and
          (xiv) any loan of money derived from an advance on a 
        candidate's brokerage account, credit card, home equity 
        line of credit, or other line of credit available to 
        the candidate, if such loan is made in accordance with 
        applicable law and under commercially reasonable terms 
        and if the person making such loan makes loans derived 
        from an advance on the candidate's brokerage account, 
        credit card, home equity line of credit, or other line 
        of credit in the normal course of the person's 
        business.
  (9)(A) The term ``expenditure'' includes--
          (i) any purchase, payment, distribution, loan, 
        advance, deposit, or gift of money or anything of 
        value, made by any person for the purpose of 
        influencing any election for Federal office; and
          (ii) a written contract, promise, or agreement to 
        make an expenditure.
  (B) The term ``expenditure'' does not include--
          [(i) any news story, commentary, or editorial 
        distributed through the facilities of any broadcasting 
        station, newspaper, magazine, or other periodical 
        publication, unless such facilities are owned or 
        controlled by any political party, political committee, 
        or candidate;]
          (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 facilities are 
        owned or controlled by any political party, political 
        committee, or candidate;
          (ii) nonpartisan activity designed to encourage 
        individuals to vote or to register to vote;
          (iii) any communication by any membership 
        organization or corporation to its members, 
        stockholders, or executive or administrative personnel, 
        if such membership organization or corporation is not 
        organized primarily for the purpose of influencing the 
        nomination for election, or election, of any individual 
        to Federal office, except that the costs incurred by a 
        membership organization (including a labor 
        organization) or by a corporation directly attributable 
        to a communication expressly advocating the election or 
        defeat of a clearly identified candidate (other than a 
        communication primarily devoted to subjects other than 
        the express advocacy of the election or defeat of a 
        clearly identified candidate), shall, if such costs 
        exceed $2,000 for any election, be reported to the 
        Commission in accordance with section 304(a)(4)(A)(i), 
        and in accordance with section 304(a)(4)(A)(ii) with 
        respect to any general election;
          (iv) the payment by a State or local committee of a 
        political party of the costs of preparation, display, 
        or mailing or other distribution incurred by such 
        committee with respect to a printed slate card or 
        sample ballot, or other printed listing, of 3 or more 
        candidates for any public office for which an election 
        is held in the State in which such committee is 
        organized, except that this clause shall not apply to 
        costs incurred by such committee with respect to a 
        display of any such listing made [on broadcasting 
        stations, or in newspapers, magazines, or similar types 
        of general public political advertising] in any public 
        communication;
          (v) any payment made or obligation incurred by a 
        corporation or a labor organization which, under 
        section 316(b), would not constitute an expenditure by 
        such corporation or labor organization;
          (vi) any costs incurred by an authorized committee or 
        candidate in connection with the solicitation of 
        contributions on behalf of such candidate, except that 
        this clause shall not apply with respect to costs 
        incurred by an authorized committee of a candidate in 
        excess of an amount equal to 20 percent of the 
        expenditure limitation applicable to such candidate 
        under section 315(b), but all such costs shall be 
        reported in accordance with section 304(b);
          (vii) the payment of compensation for legal or 
        accounting services--
                  (I) rendered to or on behalf of any political 
                committee of a political party if the person 
                paying for such services is the regular 
                employer of the individual rendering such 
                services, and if such services are not 
                attributable to activities which directly 
                further the election of any designated 
                candidate to Federal office; or
                  (II) rendered to or on behalf of a candidate 
                or political committee if the person paying for 
                such services is the regular employer of the 
                individual rendering such services, and if such 
                services are solely for the purpose of ensuring 
                compliance with this Act or chapter 95 or 
                chapter 96 of the Internal Revenue Code of 
                1954,
        but amounts paid or incurred by the regular employer 
        for such legal or accounting services shall be reported 
        in accordance with section 304(b) by the committee 
        receiving such services;
          (viii) the payment by a State or local committee of a 
        political party of the costs of campaign materials 
        (such as pins, bumper stickers, handbills, brochures, 
        posters, party tabloids, and yard signs) used by such 
        committee in connection with volunteer activities on 
        behalf of nominees of such party: Provided, That--
                  (1) such payments are not for the costs of 
                campaign materials or activities used in 
                connection with any broadcasting, newspaper, 
                magazine, billboard, direct mail, or similar 
                type of general public communication or 
                political advertising;
                  (2) such payments are made from contributions 
                subject to the limitations and prohibitions of 
                this Act; and
                  (3) such payments are not made from 
                contributions designated to be spent on behalf 
                of a particular candidate or particular 
                candidates;
                          
          (ix) the payment by a State or local committee of a 
        political party of the costs of voter registration and 
        get-out-the-vote activities conducted by such committee 
        on behalf of nominees of such party for President and 
        Vice President: Provided, That--
                  (1) such payments are not for the costs of 
                campaign materials or activities used in 
                connection with any broadcasting, newspaper, 
                magazine, billboard, direct mail, or similar 
                type of general public communication or 
                political advertising;
                  (2) such payments are made from contributions 
                subject to the limitations and prohibitions of 
                this Act; and
                  (3) such payments are not made from 
                contributions designated to be spent on behalf 
                of a particular candidate or candidates; and
                          
          (x) payments received by a political party committee 
        as a condition of ballot access which are transferred 
        to another political party committee or the appropriate 
        State official.
  (10) The term ``Commission'' means the Federal Election 
Commission.
  (11) The term ``person'' includes an individual, partnership, 
committee, association, corporation, labor organization, or any 
other organization or group of persons, but such term does not 
include the Federal Government or any authority of the Federal 
Government.
  (12) The term ``State'' means a State of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, or a 
territory or possession of the United States.
  (13) The term ``identification'' means--
          (A) in the case of any individual, the name, the 
        mailing address, and the occupation of such individual, 
        as well as the name of his or her employer; and
          (B) in the case of any other person, the full name 
        and address of such person.
  (14) The term ``national committee'' means the organization 
which, by virtue of the bylaws of a political party, is 
responsible for the day-to-day operation of such political 
party at the national level, as determined by the Commission.
  (15) The term ``State committee'' means the organization 
which, by virtue of the bylaws of a political party, is 
responsible for the day-to-day operation of such political 
party at the State level, as determined by the Commission.
  (16) The term ``political party'' means an association, 
committee, or organization which nominates a candidate for 
election to any Federal office whose name appears on the 
election ballot as the candidate of such association, 
committee, or organization.
          (17) Independent expenditure.--The term ``independent 
        expenditure'' means an expenditure by a person--
                  (A) expressly advocating the election or 
                defeat of a clearly identified candidate; and
                  (B) that is not made in concert or 
                cooperation with or at the request or 
                suggestion of such candidate, the candidate's 
                authorized political committee, or their 
                agents, or a political party committee or its 
                agents.
  (18) The term ``clearly identified'' means that--
          (A) the name of the candidate involved appears;
          (B) a photograph or drawing of the candidate appears; 
        or
          (C) the identity of the candidate is apparent by 
        unambiguous reference.
  (19) The term ``Act'' means the Federal Election Campaign Act 
of 1971 as amended.
          (20) Federal election activity.--
                  (A) In general.--The term ``Federal election 
                activity'' means--
                          (i) voter registration activity 
                        during the period that begins on the 
                        date that is 120 days before the date a 
                        regularly scheduled Federal election is 
                        held and ends on the date of the 
                        election;
                          (ii) voter identification, get-out-
                        the-vote activity, or generic campaign 
                        activity conducted in connection with 
                        an election in which a candidate for 
                        Federal office appears on the ballot 
                        (regardless of whether a candidate for 
                        State or local office also appears on 
                        the ballot);
                          (iii) a public communication that 
                        refers to a clearly identified 
                        candidate for Federal office 
                        (regardless of whether a candidate for 
                        State or local office is also mentioned 
                        or identified) and that promotes or 
                        supports a candidate for that office, 
                        or attacks or opposes a candidate for 
                        that office (regardless of whether the 
                        communication expressly advocates a 
                        vote for or against a candidate); or
                          (iv) services provided during any 
                        month by an employee of a State, 
                        district, or local committee of a 
                        political party who spends more than 25 
                        percent of that individual's 
                        compensated time during that month on 
                        activities in connection with a Federal 
                        election.
                  (B) Excluded activity.--The term ``Federal 
                election activity'' does not include an amount 
                expended or disbursed by a State, district, or 
                local committee of a political party for--
                          (i) a public communication that 
                        refers solely to a clearly identified 
                        candidate for State or local office, if 
                        the communication is not a Federal 
                        election activity described in 
                        subparagraph (A)(i) or (ii);
                          (ii) a contribution to a candidate 
                        for State or local office, provided the 
                        contribution is not designated to pay 
                        for a Federal election activity 
                        described in subparagraph (A);
                          (iii) the costs of a State, district, 
                        or local political convention; and
                          (iv) the costs of grassroots campaign 
                        materials, including buttons, bumper 
                        stickers, and yard signs, that name or 
                        depict only a candidate for State or 
                        local office.
          (21) Generic campaign activity.--The term ``generic 
        campaign activity'' means a campaign activity that 
        promotes a political party and does not promote a 
        candidate or non-Federal candidate.
          (22) Public communication.--The term ``public 
        communication'' means a communication by means of any 
        broadcast, cable, [or satellite communication] 
        satellite, paid internet, or paid digital 
        communication, newspaper, magazine, outdoor advertising 
        facility, mass mailing, or telephone bank to the 
        general public, or any other form of general public 
        political advertising.
          (23) Mass mailing.--The term ``mass mailing'' means a 
        mailing by United States mail or facsimile of more than 
        500 pieces of mail matter of an identical or 
        substantially similar nature within any 30-day period.
          (24) Telephone bank.--The term ``telephone bank'' 
        means more than 500 telephone calls of an identical or 
        substantially similar nature within any 30-day period.
          (25) Election cycle.--For purposes of sections 315(i) 
        and 315A and paragraph (26), the term ``election 
        cycle'' means the period beginning on the day after the 
        date of the most recent election for the specific 
        office or seat that a candidate is seeking and ending 
        on the date of the next election for that office or 
        seat. For purposes of the preceding sentence, a primary 
        election and a general election shall be considered to 
        be separate elections.
          (26) Personal funds.--The term ``personal funds'' 
        means an amount that is derived from--
                  (A) any asset that, under applicable State 
                law, at the time the individual became a 
                candidate, the candidate had legal right of 
                access to or control over, and with respect to 
                which the candidate had--
                          (i) legal and rightful title; or
                          (ii) an equitable interest;
                  (B) income received during the current 
                election cycle of the candidate, including--
                          (i) a salary and other earned income 
                        from bona fide employment;
                          (ii) dividends and proceeds from the 
                        sale of the candidate's stocks or other 
                        investments;
                          (iii) bequests to the candidate;
                          (iv) income from trusts established 
                        before the beginning of the election 
                        cycle;
                          (v) income from trusts established by 
                        bequest after the beginning of the 
                        election cycle of which the candidate 
                        is the beneficiary;
                          (vi) gifts of a personal nature that 
                        had been customarily received by the 
                        candidate prior to the beginning of the 
                        election cycle; and
                          (vii) proceeds from lotteries and 
                        similar legal games of chance; and
                  (C) a portion of assets that are jointly 
                owned by the candidate and the candidate's 
                spouse equal to the candidate's share of the 
                asset under the instrument of conveyance or 
                ownership, but if no specific share is 
                indicated by an instrument of conveyance or 
                ownership, the value of \1/2\ of the property.

                  organization of political committees

  Sec. 302. (a) Every political committee shall have a 
treasurer. No contribution or expenditure shall be accepted or 
made by or on behalf of a political committee during any period 
in which the office of treasurer is vacant. No expenditures 
shall be made for or on behalf of a political committee without 
the authorization of the treasurer or his or her designated 
agent.
  (b)(1) Every person who receives a contribution for an 
authorized political committee shall, no later than 10 days 
after receiving such contribution, forward to the treasurer 
such contribution, and if the amount of the contribution is in 
excess of $50 the name and address of the person making the 
contribution and the date of receipt.
  (2) Every person who receives a contribution for a political 
committee which is not an authorized committee shall--
          (A) if the amount of the contribution is $50 or less, 
        forward to the treasurer such contribution no later 
        than 30 days after receiving the contribution; and
          (B) if the amount of the contribution is in excess of 
        $50, forward to the treasurer such contribution, the 
        name and address of the person making the contribution, 
        and the date of receipt of the contribution, no later 
        than 10 days after receiving the contribution.
  (3) All funds of a political committee shall be segregated 
from, and may not be commingled with, the personal funds of any 
individual.
  (c) The treasurer of a political committee shall keep an 
account of--
          (1) all contributions received by or on behalf of 
        such political committee;
          (2) the name and address of any person who makes any 
        contribution in excess of $50, together with the date 
        and amount of such contribution by any person;
          (3) the identification of any person who makes a 
        contribution or contributions aggregating more than 
        $200 during a calendar year, together with the date and 
        amount of any such contribution;
          (4) the identification of any political committee 
        which makes a contribution, together with the date and 
        amount of any such contribution; and
          (5) the name and address of every person to whom any 
        disbursement is made, the date, amount, and purpose of 
        the disbursement, and the name of the candidate and the 
        office sought by the candidate, if any, for whom the 
        disbursement was made, including a receipt, invoice, or 
        canceled check for each disbursement in excess of $200.
  (d) The treasurer shall preserve all records required to be 
kept by this section and copies of all reports required to be 
filed by this title for 3 years after the report is filed. For 
any report filed in electronic format under section 304(a)(11), 
the treasurer shall retain a machine-readable copy of the 
report as the copy preserved under the preceding sentence.
  (e)(1) Each candidate for Federal office (other than the 
nominee for the office of Vice President) shall designate in 
writing a political committee in accordance with paragraph (3) 
to serve as the principal campaign committee of such candidate. 
Such designation shall be made no later than 15 days after 
becoming a candidate. A candidate may designate additional 
political committees in accordance with paragraph (3) to serve 
as authorized committees of such candidate. Such designation 
shall be in writing and filed with the principal campaign 
committee of such candidate in accordance with subsection 
(f)(1).
  (2) Any candidate described in paragraph (1) who receives a 
contribution, or any loan for use in connection with the 
campaign of such candidate for election, or makes a 
disbursement in connection with such campaign, shall be 
considered, for purposes of this Act, as having received the 
contribution or loan, or as having made the disbursement, as 
the case may be, as an agent of the authorized committee or 
committees of such candidate.
  (3)(A) No political committee which supports or has supported 
more than one candidate may be designated as an authorized 
committee, except that--
          (i) the candidate for the office of President 
        nominated by a political party may designate the 
        national committee of such political party as a 
        principal campaign committee, but only if that national 
        committee maintains separate books of account with 
        respect to its function as a principal campaign 
        committee; and
          (ii) candidates may designate a political committee 
        established solely for the purpose of joint fundraising 
        by such candidates as an authorized committee.
  (B) As used in this section, the term ``support'' does not 
include a contribution by any authorized committee in amounts 
of $2,000 or less to an authorized committee of any other 
candidate.
  (4) The name of each authorized committee shall include the 
name of the candidate who authorized such committee under 
paragraph (1). In the case of any political committee which is 
not an authorized committee, such political committee shall not 
include the name of any candidate in its name.
  (5) The name of any separate segregated fund established 
pursuant to section 316(b) shall include the name of its 
connected organization.
  (f)(1) Notwithstanding any other provision of this Act, each 
designation, statement, or report of receipts or disbursements 
made by an authorized committee of a candidate shall be filed 
with the candidate's principal campaign committee.
  (2) Each principal campaign committee shall receive all 
designations, statements, and reports required to be filed with 
it under paragraph (1) and shall compile and file such 
designations, statements, and reports in accordance with this 
Act.
  (g) Filing With the Commission.--All designations, 
statements, and reports required to be filed under this Act 
shall be filed with the Commission.
  (h)(1) Each political committee shall designate one or more 
State banks, federally chartered depository institutions, or 
depository institutions the deposits or accounts of which are 
insured by the Federal Deposit Insurance Corporation, the 
Federal Savings and Loan Insurance Corporation, or the National 
Credit Union Administration, as its campaign depository or 
depositories. Each political committee shall maintain at least 
one checking account and such other accounts as the committee 
determines at a depository designated by such committee. All 
receipts received by such committee shall be deposited in such 
accounts. No disbursements may be made (other than petty cash 
disbursements under paragraph (2)) by such committee except by 
check drawn on such accounts in accordance with this section.
  (2) A political committee may maintain a petty cash fund for 
disbursements not in excess of $100 to any person in connection 
with a single purchase or transaction. A record of all petty 
cash disbursements shall be maintained in accordance with 
subsection (c)(5).
  (i) When the treasurer of a political committee shows that 
best efforts have been used to obtain, maintain, and submit the 
information required by this Act for the political committee, 
any report or any records of such committee shall be considered 
in compliance with this Act or chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954.
  (j) Reportable Foreign Contacts Compliance Policy.--
          (1) Reporting.--Each political committee shall 
        establish a policy that requires all officials, 
        employees, and agents of such committee to notify the 
        treasurer or other appropriate designated official of 
        the committee of any reportable foreign contact (as 
        defined in section 304(j)) not later than 3 days after 
        such contact was made.
          (2) Retention and preservation of records.--Each 
        political committee shall establish a policy that 
        provides for the retention and preservation of records 
        and information related to reportable foreign contacts 
        (as so defined) for a period of not less than 3 years.
          (3) Certification.--
                  (A) In general.--Upon filing its statement of 
                organization under section 303(a), and with 
                each report filed under section 304(a), the 
                treasurer of each political committee (other 
                than an authorized committee) shall certify 
                that--
                          (i) the committee has in place 
                        policies that meet the requirements of 
                        paragraphs (1) and (2);
                          (ii) the committee has designated an 
                        official to monitor compliance with 
                        such policies; and
                          (iii) not later than 1 week after the 
                        beginning of any formal or informal 
                        affiliation with the committee, all 
                        officials, employees, and agents of 
                        such committee will--
                                  (I) receive notice of such 
                                policies;
                                  (II) be informed of the 
                                prohibitions under section 319; 
                                and
                                  (III) sign a certification 
                                affirming their understanding 
                                of such policies and 
                                prohibitions.
                  (B) Authorized committees.--With respect to 
                an authorized committee, the candidate shall 
                make the certification required under 
                subparagraph (A).

           *       *       *       *       *       *       *


                                reports

  Sec. 304. (a)(1) Each treasurer of a political committee 
shall file reports of receipts and disbursements in accordance 
with the provisions of this subsection. The treasurer shall 
sign each such report.
  (2) If the political committee is the principal campaign 
committee of a candidate for the House of Representatives or 
for the Senate--
          (A) in any calendar year during which there is 
        regularly scheduled election for which such candidate 
        is seeking election, or nomination for election, the 
        treasurer shall file the following reports:
                  (i) a pre-election report, which shall be 
                filed no later than the 12th day before (or 
                posted by any of the following: registered 
                mail, certified mail, priority mail having a 
                delivery confirmation, or express mail having a 
                delivery confirmation, or delivered to an 
                overnight delivery service with an on-line 
                tracking system, if posted or delivered no 
                later than the 15th day before) any election in 
                which such candidate is seeking election, or 
                nomination for election, and which shall be 
                complete as of the 20th day before such 
                election;
                  (ii) a post-general election report, which 
                shall be filed no later than the 30th day after 
                any general election in which such candidate 
                has sought election, and which shall be 
                complete as of the 20th day after such general 
                election; and
                  (iii) additional quarterly reports, which 
                shall be filed no later than the 15th day after 
                the last day of each calendar quarter, and 
                which shall be complete as of the last day of 
                each calendar quarter: except that the report 
                for the quarter ending December 31 shall be 
                filed no later than January 31 of the following 
                calendar year; and
          (B) in any other calendar year the treasurer shall 
        file quarterly reports, which shall be filed not later 
        than the 15th day after the last day of each calendar 
        quarter, and which shall be complete as of the last day 
        of each calendar quarter, except that the report for 
        the quarter ending December 31 shall be filed not later 
        than January 31 of the following calendar year.
  (3) If the committee is the principal campaign committee of a 
candidate for the office of President--
          (A) in any calendar year during which a general 
        election is held to fill such office--
                  (i) the treasurer shall file monthly reports 
                if such committee has on January 1 of such 
                year, received contributions aggregating 
                $100,000 or made expenditures aggregating 
                $100,000 or anticipates receiving contributions 
                aggregating $100,000 or more or making 
                expenditures aggregating $100,000 or more 
                during such year: such monthly reports shall be 
                filed no later than the 20th day after the last 
                day of each month and shall be complete as of 
                the last day of the month, except that, in lieu 
                of filing the report otherwise due in November 
                and December, a pre-general election report 
                shall be filed in accordance with paragraph 
                (2)(A)(i), a post-general election report shall 
                be filed in accordance with paragraph 
                (2)(A)(ii), and a year end report shall be 
                filed no later than January 31 of the following 
                calendar year;
                  (ii) the treasurer of the other principal 
                campaign committees of a candidate for the 
                office of President shall file a pre-election 
                report or reports in accordance with paragraph 
                (2)(A)(i), a post-general election report in 
                accordance with paragraph (2)(A)(ii), and 
                quarterly reports in accordance with paragraph 
                (2)(A)(iii); and
                  (iii) if at any time during the election year 
                a committee filing under paragraph (3)(A)(ii) 
                receives contributions in excess of $100,000 or 
                makes expenditures in excess of $100,000, the 
                treasurer shall begin filing monthly reports 
                under paragraph (3)(A)(i) at the next reporting 
                period; and
          (B) in any other calendar year, the treasurer shall 
        file either--
                  (i) monthly reports, which shall be filed no 
                later than the 20th day after the last day of 
                each month and shall be compete as of the last 
                day of the month; or
                  (ii) quarterly reports, which shall be filed 
                no later than the 15th day after the last day 
                of each calendar quarter and which shall be 
                complete as of the last day of each calendar 
                quarter.
  (4) All political committees other than authorized committees 
of a candidate shall file either--
          (A)(i) quarterly reports, in a calendar year in which 
        a regularly scheduled general election is held, which 
        shall be filed no later than the 15th day after the 
        last day of each calendar quarter: except that the 
        report for the quarter ending on December 31 of such 
        calendar year shall be filed no later than January 31 
        of the following calendar year.
          (ii) a pre-election report, which shall be filed no 
        later than the 12th day before (or posted by any of the 
        following: registered mail, certified mail, priority 
        mail having a delivery confirmation, or express mail 
        having a delivery confirmation, or delivered to an 
        overnight delivery service with an on-line tracking 
        system, if posted or delivered no later than the 15th 
        day before) any election in which the committee makes a 
        contribution to or expenditure on behalf of a candidate 
        in such election, and which shall be complete as of the 
        20th day before the election;
          (iii) a post-general election report, which shall be 
        filed no later than the 30th day after the general 
        election and which shall be complete as of the 20th day 
        after such general election; and
          (iv) in any other calendar year, a report covering 
        the period beginning January 1 and ending June 30, 
        which shall be filed no later than July 31 and a report 
        covering the period beginning July 1 and ending 
        December 31, which shall be filed no later than January 
        31 of the following calendar year; or
          (B) monthly reports in all calendar years which shall 
        be filed no later than the 20th day after the last day 
        of the month and shall be complete as of the last day 
        of the month, except that, in lieu of filing the 
        reports otherwise due in November and December of any 
        year in which a regularly scheduled general election is 
        held, a pre-general election report shall be filed in 
        accordance with paragraph (2)(A)(i), a post-general 
        election report shall be filed in accordance with 
        paragraph (2)(A)(ii), and a year end report shall be 
        filed no later than January 31 of the following 
        calendar year.
Notwithstanding the preceding sentence, a national committee of 
a political party shall file the reports required under 
subparagraph (B).
          (5) If a designation, report, or statement filed 
        pursuant to this Act (other than under paragraph 
        (2)(A)(i) or (4)(A)(ii) or subsection (g)(1)) is sent 
        by registered mail, certified mail, priority mail 
        having a delivery confirmation, or express mail having 
        a delivery confirmation, the United States postmark 
        shall be considered the date of filing the designation, 
        report or statement. If a designation, report or 
        statement filed pursuant to this Act (other than under 
        paragraph (2)(A)(i) or (4)(A)(ii), or subsection 
        (g)(1)) is sent by an overnight delivery service with 
        an on-line tracking system, the date on the proof of 
        delivery to the delivery service shall be considered 
        the date of filing of the designation, report, or 
        statement.
  (6)(A) The principal campaign committee of a candidate shall 
notify the Secretary or the Commission, and the Secretary of 
State, as appropriate, in writing, of any contribution of 
$1,000 or more received by any authorized committee of such 
candidate after the 20th day, but more than 48 hours before, 
any election. This notification shall be made within 48 hours 
after the receipt of such contribution and shall include the 
name of the candidate and the office sought by the candidate, 
the identification of the contributor, and the date of receipt 
and amount of the contribution.
  (B) Notification of expenditure from personal funds.--
          (i) Definition of expenditure from personal funds.--
        In this subparagraph, the term ``expenditure from 
        personal funds'' means--
                  (I) an expenditure made by a candidate using 
                personal funds; and
                  (II) a contribution or loan made by a 
                candidate using personal funds or a loan 
                secured using such funds to the candidate's 
                authorized committee.
          (ii) Declaration of intent.--Not later than the date 
        that is 15 days after the date on which an individual 
        becomes a candidate for the office of Senator, the 
        candidate shall file a declaration stating the total 
        amount of expenditures from personal funds that the 
        candidate intends to make, or to obligate to make, with 
        respect to the election that will exceed the State-by-
        State competitive and fair campaign formula with--
                  (I) the Commission; and
                  (II) each candidate in the same election.
          (iii) Initial notification.--Not later than 24 hours 
        after a candidate described in clause (ii) makes or 
        obligates to make an aggregate amount of expenditures 
        from personal funds in excess of 2 times the threshold 
        amount in connection with any election, the candidate 
        shall file a notification with--
                  (I) the Commission; and
                  (II) each candidate in the same election.
          (iv) Additional notification.--After a candidate 
        files an initial notification under clause (iii), the 
        candidate shall file an additional notification each 
        time expenditures from personal funds are made or 
        obligated to be made in an aggregate amount that exceed 
        $10,000 with--
                  (I) the Commission; and
                  (II) each candidate in the same election.
        Such notification shall be filed not later than 24 
        hours after the expenditure is made.
          (v) Contents.--A notification under clause (iii) or 
        (iv) shall include--
                  (I) the name of the candidate and the office 
                sought by the candidate;
                  (II) the date and amount of each expenditure; 
                and
                  (III) the total amount of expenditures from 
                personal funds that the candidate has made, or 
                obligated to make, with respect to an election 
                as of the date of the expenditure that is the 
                subject of the notification.
  (C) Notification of disposal of excess contributions.--In the 
next regularly scheduled report after the date of the election 
for which a candidate seeks nomination for election to, or 
election to, Federal office, the candidate or the candidate's 
authorized committee shall submit to the Commission a report 
indicating the source and amount of any excess contributions 
(as determined under paragraph (1) of section 315(i)) and the 
manner in which the candidate or the candidate's authorized 
committee used such funds.
  (D) Enforcement.--For provisions providing for the 
enforcement of the reporting requirements under this paragraph, 
see section 309.
  (E) The notification required under this paragraph shall be 
in addition to all other reporting requirements under this Act.
  (7) The reports required to be filed by this subsection shall 
be cumulative during the calendar year to which they relate, 
but where there has been no change in an item reported in a 
previous report during such year, only the amount need be 
carried forward.
  (8) The requirement for a political committee to file a 
quarterly report under paragraph (2)(A)(iii) or paragraph 
(4)(A)(i) shall be waived if such committee is required to file 
a pre-election report under paragraph (2)(A)(i), or paragraph 
(4)(A)(ii) during the period beginning on the 5th day after the 
close of the calendar quarter and ending on the 15th day after 
the close of the calendar quarter.
  (9) The Commission shall set filing dates for reports to be 
filed by principal campaign committees of candidates seeking 
election, or nomination for election, in special elections and 
political committees filing under paragraph (4)(A) which make 
contributions to or expenditures on behalf of a candidate or 
candidates in special elections. The Commission shall require 
no more than one pre-election report for each election and one 
post-election report for the election which fills the vacancy. 
The Commission may waive any reporting obligation of committees 
required to file for special elections if any report required 
by paragraph (2) or (4) is required to be filed within 10 days 
of a report required under this subsection. The Commission 
shall establish the reporting dates within 5 days of the 
setting of such election and shall publish such dates and 
notify the principal campaign committees of all candidates in 
such election of the reporting dates.
  (10) The treasurer of a committee supporting a candidate for 
the office of Vice President (other than the nominee of a 
political party) shall file reports in accordance with 
paragraph (3).
  (11)(A) The Commission shall promulgate a regulation under 
which a person required to file a designation, statement, or 
report under this Act--
          (i) is required to maintain and file a designation, 
        statement, or report for any calendar year in 
        electronic form accessible by computers if the person 
        has, or has reason to expect to have, aggregate 
        contributions or expenditures in excess of a threshold 
        amount determined by the Commission; and
          (ii) may maintain and file a designation, statement, 
        or report in electronic form or an alternative form if 
        not required to do so under the regulation promulgated 
        under clause (i).
  (B) The Commission shall make a designation, statement, 
report, or notification that is filed with the Commission under 
this Act available for inspection by the public in the offices 
of the Commission and accessible to the public on the Internet 
not later than 48 hours (or not later than 24 hours in the case 
of a designation, statement, report, or notification filed 
electronically) after receipt by the Commission.
  (C) In promulgating a regulation under this paragraph, the 
Commission shall provide methods (other than requiring a 
signature on the document being filed) for verifying 
designations, statements, and reports covered by the 
regulation. Any document verified under any of the methods 
shall be treated for all purposes (including penalties for 
perjury) in the same manner as a document verified by 
signature.
  (D) As used in this paragraph, the term ``report'' means, 
with respect to the Commission, a report, designation, or 
statement required by this Act to be filed with the Commission.
          (12) Software for filing of reports.--
                  (A) In general.--The Commission shall--
                          (i) promulgate standards to be used 
                        by vendors to develop software that--
                                  (I) permits candidates to 
                                easily record information 
                                concerning receipts and 
                                disbursements required to be 
                                reported under this Act at the 
                                time of the receipt or 
                                disbursement;
                                  (II) allows the information 
                                recorded under subclause (I) to 
                                be transmitted immediately to 
                                the Commission; and
                                  (III) allows the Commission 
                                to post the information on the 
                                Internet immediately upon 
                                receipt; and
                          (ii) make a copy of software that 
                        meets the standards promulgated under 
                        clause (i) available to each person 
                        required to file a designation, 
                        statement, or report in electronic form 
                        under this Act.
                  (B) Additional information.--To the extent 
                feasible, the Commission shall require vendors 
                to include in the software developed under the 
                standards under subparagraph (A) the ability 
                for any person to file any designation, 
                statement, or report required under this Act in 
                electronic form.
                  (C) Required use.--Notwithstanding any 
                provision of this Act relating to times for 
                filing reports, each candidate for Federal 
                office (or that candidate's authorized 
                committee) shall use software that meets the 
                standards promulgated under this paragraph once 
                such software is made available to such 
                candidate.
                  (D) Required posting.--The Commission shall, 
                as soon as practicable, post on the Internet 
                any information received under this paragraph.
  (b) Each report under this section shall disclose--
          (1) the amount of cash on hand at the beginning of 
        the reporting period;
          (2) for the reporting period and the calendar year 
        (or election cycle, in the case of an authorized 
        committee of a candidate for Federal office), the total 
        amount of all receipts, and the total amount of all 
        receipts in the following categories:
                  (A) contributions from persons other than 
                political committees;
                  (B) for an authorized committee, 
                contributions from the candidate;
                  (C) contributions from political party 
                committees;
                  (D) contributions from other political 
                committees;
                  (E) for an authorized committee, transfers 
                from other authorized committees of the same 
                candidate;
                  (F) transfers from affiliated committees and, 
                where the reporting committee is a political 
                party committee, transfers from other political 
                party committees, regardless of whether such 
                committees are affiliated;
                  (G) for an authorized committee, loans made 
                by or guaranteed by the candidate;
                  (H) all other loans;
                  (I) rebates, refunds, and other offsets to 
                operating expenditures;
                  (J) dividends, interest, and other forms of 
                receipts; and
                  (K) for an authorized committee of a 
                candidate for the office of President, Federal 
                funds received under chapter 95 and chapter 96 
                of the Internal Revenue Code of 1954;
          (3) the identification of each--
                  (A) person (other than a political committee) 
                who makes a contribution to the reporting 
                committee during the reporting period, whose 
                contribution or contributions have an aggregate 
                amount or value in excess of $200 within the 
                calendar year (or election cycle, in the case 
                of an authorized committee of a candidate for 
                Federal office), or in any lesser amount if the 
                reporting committee should so elect, together 
                with the date and amount of any such 
                contribution;
                  (B) political committee which makes a 
                contribution to the reporting committee during 
                the reporting period, together with the date 
                and amount of any such contribution;
                  (C) authorized committee which makes a 
                transfer to the reporting committee;
                  (D) affiliated committee which makes a 
                transfer to the reporting committee during the 
                reporting period and, where the reporting 
                committee is a political party committee, each 
                transfer of funds to the reporting committee 
                from another political party committee, 
                regardless of whether such committees are 
                affiliated, together with the date and amount 
                of such transfer;
                  (E) person who makes a loan to the reporting 
                committee during the reporting period, together 
                with the identification of any endorser or 
                guarantor of such loan, and the date and amount 
                or value of such loan;
                  (F) person who provides a rebate, refund, or 
                other offset to operating expenditures to the 
                reporting committee in an aggregate amount or 
                value in excess of $200 within the calendar 
                year (or election cycle, in the case of an 
                authorized committee of a candidate for Federal 
                office), together with the date and amount of 
                such receipt; and
                  (G) person who provides any dividend, 
                interest, or other receipt to the reporting 
                committee in an aggregate value or amount in 
                excess of $200 within the calendar year (or 
                election cycle, in the case of an authorized 
                committee of a candidate for Federal office), 
                together with the date and amount of any such 
                receipt;
          (4) for the reporting period and the calendar year 
        (or election cycle, in the case of an authorized 
        committee of a candidate for Federal office), the total 
        amount of all disbursements, and all disbursements in 
        the following categories:
                  (A) expenditures made to meet candidate or 
                committee operating expenses;
                  (B) for authorized committees, transfers to 
                other committees authorized by the same 
                candidate;
                  (C) transfers to affiliated committees and, 
                where the reporting committee is a political 
                party committee, transfers to other political 
                party committees, regardless of whether they 
                are affiliated;
                  (D) for an authorized committee, repayment of 
                loans made by or guaranteed by the candidate;
                  (E) repayment of all other loans;
                  (F) contribution refunds and other offsets to 
                contributions;
                  (G) for an authorized committee, any other 
                disbursements;
                  (H) for any political committee other than an 
                authorized committee--
                          (i) contributions made to other 
                        political committees;
                          (ii) loans made by the reporting 
                        committees;
                          (iii) independent expenditures;
                          (iv) expenditures made under section 
                        315(d) of this Act; and
                          (v) any other disbursements; and
                  (I) for an authorized committee of a 
                candidate for the office of President, 
                disbursements not subject to the limitation of 
                section 315(b);
          (5) the name and address of each--
                  (A) person to whom an expenditure in an 
                aggregate amount or value in excess of $200 
                within the calendar year is made by the 
                reporting committee to meet a candidate or 
                committee operating expense, together with the 
                date, amount, and purpose of such operating 
                expenditure;
                  (B) authorized committee to which a transfer 
                is made by the reporting committee;
                  (C) affiliated committee to which a transfer 
                is made by the reporting committee during the 
                reporting period and, where the reporting 
                committee is a political party committee, each 
                transfer of funds by the reporting committee to 
                another political party committee, regardless 
                of whether such committees are affiliated, 
                together with the date and amount of such 
                transfers;
                  (D) person who receives a loan repayment from 
                the reporting committee during the reporting 
                period, together with the date and amount of 
                such loan repayment; and
                  (E) person who receives a contribution refund 
                or other offset to contributions from the 
                reporting committee where such contribution was 
                reported under paragraph (3)(A) of this 
                subsection, together with the date and amount 
                of such disbursement;
          (6)(A) for an authorized committee, the name and 
        address of each person who has received any 
        disbursement not disclosed under paragraph (5) in an 
        aggregate amount or value in excess of $200 within the 
        calendar year (or election cycle, in the case of an 
        authorized committee of a candidate for Federal 
        office), together with the date and amount of any such 
        disbursement;
          (B) for any other political committee, the name and 
        address of each--
                  (i) political committee which has received a 
                contribution from the reporting committee 
                during the reporting period, together with the 
                date and amount of any such contribution;
                  (ii) person who has received a loan from the 
                reporting committee during the reporting 
                period, together with the date and amount of 
                such loan;
                  (iii) person who receives any disbursement 
                during the reporting period in an aggregate 
                amount or value in excess of $200 within the 
                calendar year (or election cycle, in the case 
                of an authorized committee of a candidate for 
                Federal office) in connection with an 
                independent expenditure by the reporting 
                committee, together with the date, amount, and 
                purpose of any such independent expenditure and 
                a statement which indicates whether such 
                independent expenditure is in support of, or in 
                opposition to, a candidate, as well as the name 
                and office sought by such candidate, and a 
                certification, under penalty of perjury, 
                whether such independent expenditure is made in 
                cooperation, consultation, or concert, with, or 
                at the request or suggestion of, any candidate 
                or any authorized committee or agent of such 
                committee;
                  (iv) person who receives any expenditure from 
                the reporting committee during the reporting 
                period in connection with an expenditure under 
                section 315(d) in the Act, together with the 
                date, amount, and purpose of any such 
                expenditure as well as the name of, and office 
                sought by, the candidate on whose behalf the 
                expenditure is made; and
                  (v) person who has received any disbursement 
                not otherwise disclosed in this paragraph or 
                paragraph (5) in an aggregate amount or value 
                in excess of $200 within the calendar year (or 
                election cycle, in the case of an authorized 
                committee of a candidate for Federal office) 
                from the reporting committee within the 
                reporting period, together with the date, 
                amount, and purpose of any such disbursement;
          (7) the total sum of all contributions to such 
        political committee, together with the total 
        contributions less offsets to contributions and the 
        total sum of all operating expenditures made by such 
        political committee, together with total operating 
        expenditures less offsets to operating expenditures, 
        for both the reporting period and the calendar year (or 
        election cycle, in the case of an authorized committee 
        of a candidate for Federal office); [and]
          (8) the amount and nature of outstanding debts and 
        obligations owed by or to such political committee; and 
        where such debts and obligations are settled for less 
        than their reported amount or value, a statement as to 
        the circumstances and conditions under which such debts 
        or obligations were extinguished and the consideration 
        therefor[.]; and
          (9) for any reportable foreign contact (as defined in 
        subsection (j)(3))--
                  (A) the date, time, and location of the 
                contact;
                  (B) the date and time of when a designated 
                official of the committee was notified of the 
                contact;
                  (C) the identity of individuals involved; and
                  (D) a description of the contact, including 
                the nature of any contribution, donation, 
                expenditure, disbursement, or solicitation 
                involved and the nature of any activity 
                described in subsection (j)(3)(A)(ii)(II) 
                involved.
  (c)(1) Every person (other than a political committee) who 
makes independent expenditures in an aggregate amount or value 
in excess of $250 during a calendar year shall file a statement 
containing the information required under subsection (b)(3)(A) 
for all contributions received by such person.
  (2) Statements required to be filed by this subsection shall 
be filed in accordance with subsection (a)(2), and shall 
include--
          (A) the information required by subsection 
        (b)(6)(B)(iii), indicating whether the independent 
        expenditure is in support of, or in opposition to, the 
        candidate involved;
          (B) under penalty of perjury, a certification whether 
        or not such independent expenditure is made in 
        cooperation, consultation, or concert, with, or at the 
        request or suggestion of, any candidate or any 
        authorized committee or agent of such candidate; and
          (C) the identification of each person who made a 
        contribution in excess of $200 to the person filing 
        such statement which was made for the purpose of 
        furthering an independent expenditure.
  (3) The Commission shall be responsible for expeditiously 
preparing indices which set forth, on a candidate-by-candidate 
basis, all independent expenditures separately, including those 
reported under subsection (b)(6)(B)(iii), made by or for each 
candidate, as reported under this subsection, and for 
periodically publishing such indices on a timely pre-election 
basis.
  (d)(1) Any person who is required to file a statement under 
subsection (c) or (g) of this section, except statements 
required to be filed electronically pursuant to subsection 
(a)(11)(A)(i) may file the statement by facsimile device or 
electronic mail, in accordance with such regulations as the 
Commission may promulgate.
  (2) The Commission shall make a document which is filed 
electronically with the Commission pursuant to this paragraph 
accessible to the public on the Internet not later than 24 
hours after the document is received by the Commission.
  (3) In promulgating a regulation under this paragraph, the 
Commission shall provide methods (other than requiring a 
signature on the document being filed) for verifying the 
documents covered by the regulation. Any document verified 
under any of the methods shall be treated for all purposes 
(including penalties for perjury) in the same manner as a 
document verified by signature.
  (e) Political Committees.--
          (1) National and congressional political 
        committees.--The national committee of a political 
        party, any national congressional campaign committee of 
        a political party, and any subordinate committee of 
        either, shall report all receipts and disbursements 
        during the reporting period.
          (2) Other political committees to which section 323 
        applies.--
                  (A) In general.--In addition to any other 
                reporting requirements applicable under this 
                Act, a political committee (not described in 
                paragraph (1)) to which section 323(b)(1) 
                applies shall report all receipts and 
                disbursements made for activities described in 
                section 301(20)(A), unless the aggregate amount 
                of such receipts and disbursements during the 
                calendar year is less than $5,000.
                  (B) Specific disclosure by state and local 
                parties of certain non-federal amounts 
                permitted to be spent on federal election 
                activity.--Each report by a political committee 
                under subparagraph (A) of receipts and 
                disbursements made for activities described in 
                section 301(20)(A) shall include a disclosure 
                of all receipts and disbursements described in 
                section 323(b)(2)(A) and (B).
          (3) Itemization.--If a political committee has 
        receipts or disbursements to which this subsection 
        applies from or to any person aggregating in excess of 
        $200 for any calendar year, the political committee 
        shall separately itemize its reporting for such person 
        in the same manner as required in paragraphs (3)(A), 
        (5), and (6) of subsection (b).
          (4) Reporting periods.--Reports required to be filed 
        under this subsection shall be filed for the same time 
        periods required for political committees under 
        subsection (a)(4)(B).
  (f) Disclosure of Electioneering Communications.--
          (1) Statement required.--Every person who makes a 
        disbursement for the direct costs of producing and 
        airing electioneering communications in an aggregate 
        amount in excess of $10,000 during any calendar year 
        shall, within 24 hours of each disclosure date, file 
        with the Commission a statement containing the 
        information described in paragraph (2).
          (2) Contents of statement.--Each statement required 
        to be filed under this subsection shall be made under 
        penalty of perjury and shall contain the following 
        information:
                  (A) The identification of the person making 
                the disbursement, of any person sharing or 
                exercising direction or control over the 
                activities of such person, and of the custodian 
                of the books and accounts of the person making 
                the disbursement.
                  (B) The principal place of business of the 
                person making the disbursement, if not an 
                individual.
                  (C) The amount of each disbursement of more 
                than $200 during the period covered by the 
                statement and the identification of the person 
                to whom the disbursement was made.
                  (D) The elections to which the electioneering 
                communications pertain and the names (if known) 
                of the candidates identified or to be 
                identified.
                  (E) If the disbursements were paid out of a 
                segregated bank account which consists of funds 
                contributed solely by individuals who are 
                United States citizens or nationals or lawfully 
                admitted for permanent residence (as defined in 
                section 101(a)(20) of the Immigration and 
                Nationality Act (8 U.S.C. 1101(a)(20))) 
                directly to this account for electioneering 
                communications, the names and addresses of all 
                contributors who contributed an aggregate 
                amount of $1,000 or more to that account during 
                the period beginning on the first day of the 
                preceding calendar year and ending on the 
                disclosure date. Nothing in this subparagraph 
                is to be construed as a prohibition on the use 
                of funds in such a segregated account for a 
                purpose other than electioneering 
                communications.
                  (F) If the disbursements were paid out of 
                funds not described in subparagraph (E), the 
                names and addresses of all contributors who 
                contributed an aggregate amount of $1,000 or 
                more to the person making the disbursement 
                during the period beginning on the first day of 
                the preceding calendar year and ending on the 
                disclosure date.
          (3) Electioneering communication.--For purposes of 
        this subsection--
                  (A) In general.--(i) The term 
                ``electioneering communication'' means any 
                broadcast, cable, [or satellite communication] 
                satellite, or qualified internet or digital 
                communication which--
                          (I) refers to a clearly identified 
                        candidate for Federal office;
                          (II) is made within--
                                  (aa) 60 days before a 
                                general, special, or runoff 
                                election for the office sought 
                                by the candidate; or
                                  (bb) 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; and
                          (III) in the case of a any broadcast, 
                        cable, or satellite communication which 
                        refers to a candidate for an office 
                        other than President or Vice President, 
                        is targeted to the relevant electorate.
                  (ii) If clause (i) is held to be 
                constitutionally insufficient by final judicial 
                decision to support the regulation provided 
                herein, then the term ``electioneering 
                communication'' means any broadcast, cable, [or 
                satellite communication] satellite, or 
                qualified internet or digital communication 
                which promotes or supports a candidate for that 
                office, or attacks or opposes a candidate for 
                that office (regardless of whether the 
                communication expressly advocates a vote for or 
                against a candidate) and which also is 
                suggestive of no plausible meaning other than 
                an exhortation to vote for or against a 
                specific candidate. Nothing in this 
                subparagraph shall be construed to affect the 
                interpretation or application of section 
                100.22(b) of title 11, Code of Federal 
                Regulations.
                  (B) Exceptions.--The term ``electioneering 
                communication'' does not include--
                          [(i) a communication appearing in a 
                        news story, commentary, or editorial 
                        distributed through the facilities of 
                        any broadcasting station, unless such 
                        facilities are owned or controlled by 
                        any political party, political 
                        committee, or candidate;]
                          (i) a communication appearing in a 
                        news story, commentary, or editorial 
                        distributed through the facilities of 
                        any broadcasting station or any online 
                        or digital newspaper, magazine, blog, 
                        publication, or periodical, unless such 
                        broadcasting, online, or digital 
                        facilities are owned or controlled by 
                        any political party, political 
                        committee, or candidate;
                          (ii) a communication which 
                        constitutes an expenditure or an 
                        independent expenditure under this Act;
                          (iii) a communication which 
                        constitutes a candidate debate or forum 
                        conducted pursuant to regulations 
                        adopted by the Commission, or which 
                        solely promotes such a debate or forum 
                        and is made by or on behalf of the 
                        person sponsoring the debate or forum; 
                        or
                          (iv) any other communication exempted 
                        under such regulations as the 
                        Commission may promulgate (consistent 
                        with the requirements of this 
                        paragraph) to ensure the appropriate 
                        implementation of this paragraph, 
                        except that under any such regulation a 
                        communication may not be exempted if it 
                        meets the requirements of this 
                        paragraph and is described in section 
                        301(20)(A)(iii).
                  (C) Targeting to relevant electorate.--For 
                purposes of this paragraph, a communication 
                which refers to a clearly identified candidate 
                for Federal office is ``targeted to the 
                relevant electorate'' if the communication can 
                be received by 50,000 or more persons--
                          (i) in the district the candidate 
                        seeks to represent, in the case of a 
                        candidate for Representative in, or 
                        Delegate or Resident Commissioner to, 
                        the Congress; or
                          (ii) in the State the candidate seeks 
                        to represent, in the case of a 
                        candidate for Senator.
                  (D) Qualified internet or digital 
                communication.--The term ``qualified internet 
                or digital communication'' means any 
                communication which is placed or promoted for a 
                fee on an online platform (as defined in 
                subsection (k)(3)).
          (4) Disclosure date.--For purposes of this 
        subsection, the term ``disclosure date'' means--
                  (A) the first date during any calendar year 
                by which a person has made disbursements for 
                the direct costs of producing or airing 
                electioneering communications aggregating in 
                excess of $10,000; and
                  (B) any other date during such calendar year 
                by which a person has made disbursements for 
                the direct costs of producing or airing 
                electioneering communications aggregating in 
                excess of $10,000 since the most recent 
                disclosure date for such calendar year.
          (5) Contracts to disburse.--For purposes of this 
        subsection, a person shall be treated as having made a 
        disbursement if the person has executed a contract to 
        make the disbursement.
          (6) Coordination with other requirements.--Any 
        requirement to report under this subsection shall be in 
        addition to any other reporting requirement under this 
        Act.
          (7) Coordination with internal revenue code.--Nothing 
        in this subsection may be construed to establish, 
        modify, or otherwise affect the definition of political 
        activities or electioneering activities (including the 
        definition of participating in, intervening in, or 
        influencing or attempting to influence a political 
        campaign on behalf of or in opposition to any candidate 
        for public office) for purposes of the Internal Revenue 
        Code of 1986.
  (g) Time for Reporting Certain Expenditures.--
          (1) Expenditures aggregating $1,000.--
                  (A) Initial report.--A person (including a 
                political committee) that makes or contracts to 
                make independent expenditures aggregating 
                $1,000 or more after the 20th day, but more 
                than 24 hours, before the date of an election 
                shall file a report describing the expenditures 
                within 24 hours.
                  (B) Additional reports.--After a person files 
                a report under subparagraph (A), the person 
                shall file an additional report within 24 hours 
                after each time the person makes or contracts 
                to make independent expenditures aggregating an 
                additional $1,000 with respect to the same 
                election as that to which the initial report 
                relates.
          (2) Expenditures aggregating $10,000.--
                  (A) Initial report.--A person (including a 
                political committee) that makes or contracts to 
                make independent expenditures aggregating 
                $10,000 or more at any time up to and including 
                the 20th day before the date of an election 
                shall file a report describing the expenditures 
                within 48 hours.
                  (B) Additional reports.--After a person files 
                a report under subparagraph (A), the person 
                shall file an additional report within 48 hours 
                after each time the person makes or contracts 
                to make independent expenditures aggregating an 
                additional $10,000 with respect to the same 
                election as that to which the initial report 
                relates.
          (3) Place of filing; contents.--A report under this 
        subsection--
                  (A) shall be filed with the Commission; and
                  (B) shall contain the information required by 
                subsection (b)(6)(B)(iii), including the name 
                of each candidate whom an expenditure is 
                intended to support or oppose.
          (4) Time of filing for expenditures aggregating 
        $1,000.--Notwithstanding subsection (a)(5), the time at 
        which the statement under paragraph (1) is received by 
        the Commission or any other recipient to whom the 
        notification is required to be sent shall be considered 
        the time of filing of the statement with the recipient.
  (h) Reports From Inaugural Committees.--The Federal Election 
Commission shall make any report filed by an Inaugural 
Committee under section 510 of title 36, United States Code, 
accessible to the public at the offices of the Commission and 
on the Internet not later than 48 hours after the report is 
received by the Commission.
  (i) Disclosure of Bundled Contributions.--
          (1) Required disclosure.--Each committee described in 
        paragraph (6) shall include in the first report 
        required to be filed under this section after each 
        covered period (as defined in paragraph (2)) a separate 
        schedule setting forth the name, address, and employer 
        of each person reasonably known by the committee to be 
        a person described in paragraph (7) who provided 2 or 
        more bundled contributions to the committee in an 
        aggregate amount greater than the applicable threshold 
        (as defined in paragraph (3)) during the covered 
        period, and the aggregate amount of the bundled 
        contributions provided by each such person during the 
        covered period.
          (2) Covered period.--In this subsection, a ``covered 
        period'' means, with respect to a committee--
                  (A) the period beginning January 1 and ending 
                June 30 of each year;
                  (B) the period beginning July 1 and ending 
                December 31 of each year; and
                  (C) any reporting period applicable to the 
                committee under this section during which any 
                person described in paragraph (7) provided 2 or 
                more bundled contributions to the committee in 
                an aggregate amount greater than the applicable 
                threshold.
          (3) Applicable threshold.--
                  (A) In general.--In this subsection, the 
                ``applicable threshold'' is $15,000, except 
                that in determining whether the amount of 
                bundled contributions provided to a committee 
                by a person described in paragraph (7) exceeds 
                the applicable threshold, there shall be 
                excluded any contribution made to the committee 
                by the person or the person's spouse.
                  (B) Indexing.--In any calendar year after 
                2007, section 315(c)(1)(B) shall apply to the 
                amount applicable under subparagraph (A) 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 amount applicable under 
                subparagraph (A), the ``base period'' shall be 
                2006.
          (4) Public availability.--The Commission shall ensure 
        that, to the greatest extent practicable--
                  (A) information required to be disclosed 
                under this subsection is publicly available 
                through the Commission website in a manner that 
                is searchable, sortable, and downloadable; and
                  (B) the Commission's public database 
                containing information disclosed under this 
                subsection is linked electronically to the 
                websites maintained by the Secretary of the 
                Senate and the Clerk of the House of 
                Representatives containing information filed 
                pursuant to the Lobbying Disclosure Act of 
                1995.
          (5) Regulations.--Not later than 6 months after the 
        date of enactment of the Honest Leadership and Open 
        Government Act of 2007, the Commission shall promulgate 
        regulations to implement this subsection. Under such 
        regulations, the Commission--
                  (A) may, notwithstanding paragraphs (1) and 
                (2), provide for quarterly filing of the 
                schedule described in paragraph (1) by a 
                committee which files reports under this 
                section more frequently than on a quarterly 
                basis;
                  (B) shall provide guidance to committees with 
                respect to whether a person is reasonably known 
                by a committee to be a person described in 
                paragraph (7), which shall include a 
                requirement that committees consult the 
                websites maintained by the Secretary of the 
                Senate and the Clerk of the House of 
                Representatives containing information filed 
                pursuant to the Lobbying Disclosure Act of 
                1995;
                  (C) may not exempt the activity of a person 
                described in paragraph (7) from disclosure 
                under this subsection on the grounds that the 
                person is authorized to engage in fundraising 
                for the committee or any other similar grounds; 
                and
                  (D) shall provide for the broadest possible 
                disclosure of activities described in this 
                subsection by persons described in paragraph 
                (7) that is consistent with this subsection.
          (6) Committees described.--A committee described in 
        this paragraph is an authorized committee of a 
        candidate, a leadership PAC, or a political party 
        committee.
          (7) Persons described.--A person described in this 
        paragraph is any person, who, at the time a 
        contribution is forwarded to a committee as described 
        in paragraph (8)(A)(i) or is received by a committee as 
        described in paragraph (8)(A)(ii), is--
                  (A) a current registrant under section 4(a) 
                of the Lobbying Disclosure Act of 1995;
                  (B) an individual who is listed on a current 
                registration filed under section 4(b)(6) of 
                such Act or a current report under section 
                5(b)(2)(C) of such Act; or
                  (C) a political committee established or 
                controlled by such a registrant or individual.
          (8) Definitions.--For purposes of this subsection, 
        the following definitions apply:
                  (A) Bundled contribution.--The term ``bundled 
                contribution'' means, with respect to a 
                committee described in paragraph (6) and a 
                person described in paragraph (7), a 
                contribution (subject to the applicable 
                threshold) which is--
                          (i) forwarded from the contributor or 
                        contributors to the committee by the 
                        person; or
                          (ii) received by the committee from a 
                        contributor or contributors, but 
                        credited by the committee or candidate 
                        involved (or, in the case of a 
                        leadership PAC, by the individual 
                        referred to in subparagraph (B) 
                        involved) to the person through 
                        records, designations, or other means 
                        of recognizing that a certain amount of 
                        money has been raised by the person.
                  (B) Leadership pac.--The term ``leadership 
                PAC'' means, with respect to a candidate for 
                election to Federal office or an individual 
                holding Federal office, a political committee 
                that is directly or indirectly established, 
                financed, maintained or controlled by the 
                candidate or the individual but which is not an 
                authorized committee of the candidate or 
                individual and which is not affiliated with an 
                authorized committee of the candidate or 
                individual, except that such term does not 
                include a political committee of a political 
                party.
  (j) Disclosure of Reportable Foreign Contacts.--
          (1) Committee obligation to notify.--Not later than 1 
        week after a reportable foreign contact, each political 
        committee shall notify the Federal Bureau of 
        Investigation and the Commission of the reportable 
        foreign contact and provide a summary of the 
        circumstances with respect to such reportable foreign 
        contact.
          (2) Individual obligation to notify.--Not later than 
        3 days after a reportable foreign contact--
                  (A) each candidate shall notify the treasurer 
                or other designated official of the principal 
                campaign committee of such candidate of the 
                reportable foreign contact and provide a 
                summary of the circumstances with respect to 
                such reportable foreign contact; and
                  (B) each official, employee, or agent of a 
                political committee shall notify the treasurer 
                or other designated official of the committee 
                of the reportable foreign contact and provide a 
                summary of the circumstances with respect to 
                such reportable foreign contact.
          (3) Reportable foreign contact.--In this subsection:
                  (A) In general.--The term ``reportable 
                foreign contact'' means any direct or indirect 
                contact or communication that--
                          (i) is between--
                                  (I) a candidate, a political 
                                committee, or any official, 
                                employee, or agent of such 
                                committee; and
                                  (II) an individual that the 
                                person described in subclause 
                                (I) knows, has reason to know, 
                                or reasonably believes is a 
                                covered foreign national; and
                          (ii) the person described in clause 
                        (i)(I) knows, has reason to know, or 
                        reasonably believes involves--
                                  (I) an offer or other 
                                proposal for a contribution, 
                                donation, expenditure, 
                                disbursement, or solicitation 
                                described in section 319; or
                                  (II) coordination or 
                                collaboration with, an offer or 
                                provision of information or 
                                services to or from, or 
                                persistent and repeated contact 
                                with, a covered foreign 
                                national in connection with an 
                                election.
                  (B) Exception.--The term ``reportable foreign 
                contact'' shall not include any contact or 
                communication with a covered foreign national 
                by an elected official or an employee of an 
                elected official solely in an official capacity 
                as such an official or employee. For purposes 
                of the previous sentence, a contact or 
                communication by an elected official or an 
                employee of an elected official shall not be 
                considered to be made solely in an official 
                capacity if the contact or communication 
                involves a contribution, donation, expenditure, 
                disbursement, or solicitation described in 
                section 319.
                  (C) Covered foreign national defined.--
                          (i) In general.--In this paragraph, 
                        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 subclause (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 
                                subclause (I); or
                                  (III) any person included in 
                                the list of specially 
                                designated nationals and 
                                blocked persons maintained by 
                                the Office of Foreign Assets 
                                Control of the Department of 
                                the Treasury pursuant to 
                                authorities relating to the 
                                imposition of sanctions 
                                relating to the conduct of a 
                                foreign principal described in 
                                subclause (I).
                          (ii) Clarification regarding 
                        application to citizens of the united 
                        states.--In the case of a citizen of 
                        the United States, subclause (II) of 
                        clause (i) applies only to the extent 
                        that the person involved acts within 
                        the scope of that person's status as 
                        the agent of a foreign principal 
                        described in subclause (I) of clause 
                        (i).
  (k) Disclosure of Certain Online Advertisements.--
          (1) In general.--
                  (A) Requirements for online platforms.--An 
                online platform shall maintain, and make 
                available for online public inspection in 
                machine readable format, a complete record of 
                any request to purchase on such online platform 
                a qualified political advertisement which is 
                made by a person whose aggregate requests to 
                purchase qualified political advertisements on 
                such online platform during the calendar year 
                exceeds $500.
                  (B) Requirements for advertisers.--Any person 
                who requests to purchase a qualified political 
                advertisement on an online platform shall 
                provide the online platform with such 
                information as is necessary for the online 
                platform to comply with the requirements of 
                subparagraph (A).
          (2) Contents of record.--A record maintained under 
        paragraph (1)(A) shall contain--
                  (A) a digital copy of the qualified political 
                advertisement;
                  (B) a description of the audience targeted by 
                the advertisement, the number of views 
                generated from the advertisement, and the date 
                and time that the advertisement is first 
                displayed and last displayed; and
                  (C) information regarding--
                          (i) the average rate charged for the 
                        advertisement;
                          (ii) the name of the candidate to 
                        which the advertisement refers and the 
                        office to which the candidate is 
                        seeking election, the election to which 
                        the advertisement refers, or the 
                        national legislative issue to which the 
                        advertisement refers (as applicable);
                          (iii) in the case of a request made 
                        by, or on behalf of, a candidate, the 
                        name of the candidate, the authorized 
                        committee of the candidate, and the 
                        treasurer of such committee; and
                          (iv) in the case of any request not 
                        described in clause (iii), the name of 
                        the person purchasing the 
                        advertisement, the name and address of 
                        a contact person for such person, and a 
                        list of the chief executive officers or 
                        members of the executive committee or 
                        of the board of directors of such 
                        person.
          (3) Online platform.--For purposes of this 
        subsection, the term ``online platform'' means any 
        public-facing website, web application, or digital 
        application (including a social network, ad network, or 
        search engine) which--
                  (A) sells qualified political advertisements; 
                and
                  (B) has 50,000,000 or more unique monthly 
                United States visitors or users for a majority 
                of months during the preceding 12 months.
          (4) Qualified political advertisement.--For purposes 
        of this subsection, the term ``qualified political 
        advertisement'' means any advertisement (including 
        search engine marketing, display advertisements, video 
        advertisements, native advertisements, and 
        sponsorships) that--
                  (A) is made by or on behalf of a candidate; 
                or
                  (B) communicates a message relating to any 
                political matter of national importance, 
                including--
                          (i) a candidate;
                          (ii) any election to Federal office; 
                        or
                          (iii) a national legislative issue of 
                        public importance.
          (5) Time to maintain file.--The information required 
        under this subsection shall be made available as soon 
        as possible and shall be retained by the online 
        platform for a period of not less than 4 years.
          (6) Safe harbor for platforms making best efforts to 
        identify requests which are subject to record 
        maintenance requirements.--In accordance with rules 
        established by the Commission, if an online platform 
        shows that the platform used best efforts to determine 
        whether or not a request to purchase a qualified 
        political advertisement was subject to the requirements 
        of this subsection, the online platform shall not be 
        considered to be in violation of such requirements.
          (7) Penalties.--For penalties for failure by online 
        platforms, and persons requesting to purchase a 
        qualified political advertisement on online platforms, 
        to comply with the requirements of this subsection, see 
        section 309.

           *       *       *       *       *       *       *


                              enforcement

  Sec. 309. (a)(1) Any person who believes a violation of this 
Act or of chapter 95 or chapter 96 of the Internal Revenue Code 
of 1954 has occurred, may file a complaint with the Commission. 
Such complaint shall be in writing, signed and sworn to by the 
person filing such complaint, shall be notarized, and shall be 
made under penalty of perjury and subject to the provisions of 
section 1001 of title 18, United States Code. Within 5 days 
after receipt of a complaint, the Commission shall notify, in 
writing, any person alleged in the complaint to have committed 
such a violation. Before the Commission conducts any vote on 
the complaint, other than a vote to dismiss, any person so 
notified shall have the opportunity to demonstrate, in writing, 
to the Commission within 15 days after notification that no 
action should be taken against such person on the basis of the 
complaint. The Commission may not conduct any investigation or 
take any other action under this section solely on the basis of 
a complaint of a person whose identity is not disclosed to the 
Commission.
  (2) If the Commission, upon receiving a complaint under 
paragraph (1) or on the basis of information ascertained in the 
normal course of carrying out its supervisory responsibilities, 
determines, by an affirmative vote of 4 of its members, that it 
has reason to believe that a person has committed, or is about 
to commit, a violation of this Act or chapter 95 or chapter 96 
of the Internal Revenue Code of 1954, the Commission shall, 
through its chairman or vice chairman, notify the person of the 
alleged violation. Such notification shall set forth the 
factual basis for such alleged violation. The Commission shall 
make an investigation of such alleged violation, which may 
include a field investigation or audit, in accordance with the 
provisions of this section.
  (3) The general counsel of the Commission shall notify the 
respondent of any recommendation to the Commission by the 
general counsel to proceed to a vote on probable cause pursuant 
to paragraph (4)(A)(i). With such notification, the general 
counsel shall include a brief stating the position of the 
general counsel on the legal and factual issues of the case. 
Within 15 days of receipt of such brief, respondent may submit 
a brief stating the position of such respondent on the legal 
and factual issues of the case, and replying to the brief of 
general counsel. Such briefs shall be filed with the Secretary 
of the Commission and shall be considered by the Commission 
before proceeding under paragraph (4).
  (4)(A)(i) Except as provided in clauses (ii) and subparagraph 
(C), if the Commission determines, by an affirmative vote of 4 
of its members, that there is probable cause to believe that 
any person has committed, or is about to commit, a violation of 
this Act or of chapter 95 or chapter 96 of the Internal Revenue 
Code of 1954, the Commission shall attempt, for a period of at 
least 30 days, to correct or prevent such violation by informal 
methods of conference, conciliation, and persuasion, and to 
enter into a conciliation agreement with any person involved. 
Such attempt by the Commission to correct or prevent such 
violation may continue for a period of not more than 90 days. 
The Commission may not enter into a conciliation agreement 
under this clause except pursuant to an affirmative vote of 4 
of its members. A conciliation agreement, unless violated, is a 
complete bar to any further action by the Commission, including 
the bringing of a civil proceeding under paragraph (6)(A).
  (ii) If any determination of the Commission under clause (i) 
occurs during the 45-day period immediately preceding any 
election, then the Commission shall attempt, for a period of at 
least 15 days, to correct or prevent the violation involved by 
the methods specified in clause (i).
  (B)(i) No action by the Commission or any person, and no 
information derived, in connection with any conciliation 
attempt by the Commission under subparagraph (A) may be made 
public by the Commission without the written consent of the 
respondent and the Commission.
  (ii) If a conciliation agreement is agreed upon by the 
Commission and the respondent, the Commission shall make public 
any conciliation agreement signed by both the Commission and 
the respondent. If the Commission makes a determination that a 
person has not violated this Act or chapter 95 or chapter 96 of 
the Internal Revenue Code of 1954, the Commission shall make 
public such determination.
  (C)(i) Notwithstanding subparagraph (A), in the case of a 
violation of a qualified disclosure requirement, the Commission 
may--
          (I) find that a person committed such a violation on 
        the basis of information obtained pursuant to the 
        procedures described in paragraphs (1) and (2); and
          (II) based on such finding, require the person to pay 
        a civil money penalty in an amount determined, for 
        violations of each qualified disclosure requirement, 
        under a schedule of penalties which is established and 
        published by the Commission and which takes into 
        account the amount of the violation involved, the 
        existence of previous violations by the person, and 
        such other factors as the Commission considers 
        appropriate.
  (ii) The Commission may not make any determination adverse to 
a person under clause (i) until the person has been given 
written notice and an opportunity to be heard before the 
Commission.
  (iii) Any person against whom an adverse determination is 
made under this subparagraph may obtain a review of such 
determination in the district court of the United States for 
the district in which the person resides, or transacts 
business, by filing in such court (prior to the expiration of 
the 30-day period which begins on the date the person receives 
notification of the determination) a written petition 
requesting that the determination be modified or set aside.
                  (iv) In this subparagraph, the term 
                ``qualified disclosure requirement'' means any 
                requirement of--
                          (I) subsections (a), (c), (e), (f), 
                        (g), or (i) of section 304; or
                          (II) section 305.
  (v) This subparagraph shall apply with respect to violations 
that relate to reporting periods that begin on or after January 
1, 2000, and that end on or before December 31, 2023.
  (5)(A) If the Commission believes that a violation of this 
Act or of chapter 95 or chapter 96 of the Internal Revenue Code 
of 1954 has been committed, a conciliation agreement entered 
into by the Commission under paragraph (4)(A) may include a 
requirement that the person involved in such conciliation 
agreement shall pay a civil penalty which does not exceed the 
greater of $5,000 or an amount equal to any contribution or 
expenditure involved in such violation.
  (B) If the Commission believes that a knowing and willful 
violation of this Act or of chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954 has been committed, a 
conciliation agreement entered into by the Commission under 
paragraph (4)(A) may require that the person involved in such 
conciliation agreement shall pay a civil penalty which does not 
exceed the greater of $10,000 or an amount equal to 200 percent 
of any contribution or expenditure involved in such violation 
(or, in the case of a violation of section 320, which is not 
less than 300 percent of the amount involved in the violation 
and is not more than the greater of $50,000 or 1,000 percent of 
the amount involved in the violation).
  (C) If the Commission by an affirmative vote of 4 of its 
members, determined that there is probable cause to believe 
that a knowing and willful violation of this Act which is 
subject to subsection (d), or a knowing and willful violation 
of chapter 95 or chapter 96 of the Internal Revenue Code of 
1954, has occurred or is about to occur, it may refer such 
apparent violation to the Attorney General of the United States 
without regard to any limitations set forth in paragraph 
(4)(A).
  (D) In any case in which a person has entered into a 
conciliation agreement with the Commission under paragraph 
(4)(A), the Commission may institute a civil action for relief 
under paragraph (6)(A) if it believes that the person has 
violated any provision of such conciliation agreement. For the 
Commission to obtain relief in any civil action, the Commission 
need only establish that the person has violated, in whole or 
in part, any requirement of such conciliation agreement.
  (6)(A) If the Commission is unable to correct or prevent any 
violation of this Act or of chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954, by the methods specified in 
paragraph (4), the Commission may, upon an affirmative vote of 
4 of its members, institute a civil action for relief, 
including a permanent or temporary injunction, restraining 
order, or any other appropriate order (including an order for a 
civil penalty which does not exceed the greater of $5,000 or an 
amount equal to any contribution or expenditure involved in 
such violation) in the district court of the United States for 
the district in which the person against whom such action is 
brought is found, resides, or transacts business.
  (B) In any civil action instituted by the Commission under 
subparagraph (A), the court may grant a permanent or temporary 
injunction, restraining order, or other order, including a 
civil penalty which does not exceed the greater of $5,000 or an 
amount equal to any contribution or expenditure involved in 
such violation, upon a proper showing that the person involved 
has committed, or is about to commit (if the relief sought is a 
permanent or temporary injunction or a restraining order), a 
violation of this Act or chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954.
  (C) In any civil action for relief instituted by the 
Commission under subparagraph (A), if the court determines that 
the Commission has established that the person involved in such 
civil action has committed a knowing and willful violation of 
this Act or of chapter 95 or chapter 96 of the Internal Revenue 
Code of 1954, the court may impose a civil penalty which does 
not exceed the greater of $10,000 or an amount equal to 200 
percent of any contribution or expenditure involved in such 
violation (or, in the case of a violation of section 320, which 
is not less than 300 percent of the amount involved in the 
violation and is not more than the greater of $50,000 or 1,000 
percent of the amount involved in the violation).
  (7) In any action brought under paragraph (5) or (6), 
subpenas for witnesses who are required to attend a United 
States district court may run into any other district.
  (8)(A) Any party aggrieved by an order to the Commission 
dismissing a complaint filed by such party under paragraph (1), 
or by a failure of the Commission to act on such complaint 
during the 120-day period beginning on the date the complaint 
is filed, may file a petition with the United States District 
Court for the District of Columbia.
  (B) Any petition under subparagraph (A) shall be filed, in 
the case of a dismissal of a compliant by the Commission, 
within 60 days after the date of the dismissal.
  (C) In any proceeding under this paragraph the court may 
declare that the dismissal of the complaint or the failure to 
act is contrary to law, and may direct the Commission to 
conform with such declaration within 30 days, failing which the 
complainant may bring, in the name of such complainant, a civil 
action to remedy the violation involved in the original 
complaint.
  (9) Any judgment of a district court under this subsection 
may be appealed to the court of appeals, and the judgment of 
the court of appeals affirming or setting aside, in whole or in 
part, any such order of the district court shall be final, 
subject to review by the Supreme Court of the United States 
upon certiorari or certification as provided in section 1254 of 
title 28, United States Code.
  (11) If the Commission determines after an investigation that 
any person has violated an order of the court entered in a 
proceeding brought under paragraph (6), it may petition the 
court for an order to hold such person in civil contempt, but 
if it believes the violation to be knowing and willful it may 
petition the court for an order to hold such person in criminal 
contempt.
  (12)(A) Any notification or investigation made under this 
section shall not be made public by the Commission or by any 
person without the written consent of the person receiving such 
notification or the person with respect to whom such 
investigation is made.
  (B) Any member or employee of the Commission, or any other 
person, who violates the provisions of subparagraph (A) shall 
be fined not more than $2,000. Any such member, employee, or 
other person who knowingly and willfully violates the 
provisions of subparagraph (A) shall be fined not more than 
$5,000.
  (b) Before taking any action under subsection (a) against any 
person who has failed to file a report required under section 
304(a)(2)(A)(iii) for the calendar quarter immediately 
preceding the election involved, or in accordance with section 
304(a)(2)(A)(i), the Commission shall notify the person of such 
failure to file the required reports. If a satisfactory 
response is not received within 4 business days after the date 
of notification, the Commission shall, pursuant to section 
311(a)(7), publish before the election the name of the person 
and the report or reports such person has failed to file.
  (c) Whenever the Commission refers an apparent violation to 
the Attorney General, the Attorney General shall report to the 
Commission any action taken by the Attorney General regarding 
the apparent violation. Each report shall be transmitted within 
60 days after the date the Commission refers an apparent 
violation, and every 30 days thereafter until the final 
disposition of the apparent violation.
  (d)(1)(A) Any person who knowingly and willfully commits a 
violation of any provision of this Act which involves the 
making, receiving, or reporting of any contribution, donation, 
or expenditure--
          (i) aggregating $25,000 or more during a calendar 
        year shall be fined under title 18, United States Code, 
        or imprisoned for not more than 5 years, or both; or
          (ii) aggregating $2,000 or more (but less than 
        $25,000) during a calendar year shall be fined under 
        such title, or imprisoned for not more than 1 year, or 
        both.
  (B) In the case of a knowing and willful violation of section 
316(b)(3), the penalties set forth in this subsection shall 
apply to a violation involving an amount aggregating $250 or 
more during a calendar year. Such violation of section 
316(b)(3) may incorporate a violation of section 317(b), 320, 
or 321.
  (C) In the case of a knowing and willful violation of section 
322, the penalties set forth in this subsection shall apply 
without regard to whether the making, receiving, or reporting 
of a contribution or expenditure of $1,000 or more is involved.
  (D) Any person who knowingly and willfully commits a 
violation of section 320 involving an amount aggregating more 
than $10,000 during a calendar year shall be--
          (i) imprisoned for not more than 2 years if the 
        amount is less than $25,000 (and subject to 
        imprisonment under subparagraph (A) if the amount is 
        $25,000 or more);
          (ii) fined not less than 300 percent of the amount 
        involved in the violation and not more than the greater 
        of--
                  (I) $50,000; or
                  (II) 1,000 percent of the amount involved in 
                the violation; or
          (iii) both imprisoned under clause (i) and fined 
        under clause (ii).
  (E) Any person who knowingly and willfully commits a 
violation of subsection (j) or (b)(9) of section 304 or section 
302(j) shall be fined not more than $500,000, imprisoned not 
more than 5 years, or both.
  (F) Any person who knowingly and willfully conceals or 
destroys any materials relating to a reportable foreign contact 
(as defined in section 304(j)) shall be fined not more than 
$1,000,000, imprisoned not more than 5 years, or both.
  (2) In any criminal action brought for a violation of any 
provision of this Act or of chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954, any defendant may evidence their 
lack of knowledge or intent to commit the alleged violation by 
introducing as evidence a conciliation agreement entered into 
between the defendant and the Commission under subsection 
(a)(4)(A) which specifically deals with the act or failure to 
act constituting such violation and which is still in effect.
  (3) In any criminal action brought for a violation of any 
provision of this Act or of chapter 95 or chapter 96 of the 
Internal Revenue Code of 1954, the court before which such 
action is brought shall take into account, in weighing the 
seriousness of the violation and in considering the 
appropriateness of the penalty to be imposed if the defendant 
is found guilty, whether--
          (A) the specific act or failure to act which 
        constitutes the violation for which the action was 
        brought is the subject of a conciliation agreement 
        entered into between the defendant and the Commission 
        under subparagraph (a)(4)(A);
          (B) the conciliation agreement is in effect; and
          (C) the defendant is, with respect to the violation 
        involved, in compliance with the conciliation 
        agreement.

           *       *       *       *       *       *       *


             limitations on contributions and expenditures

  Sec. 315. (a)(1) Except as provided in subsection (i) and 
section 315A, no person shall make contributions--
          (A) to any candidate and his authorized political 
        committees with respect to any election for Federal 
        office which, in the aggregate, exceed $2,000;
          (B) to the political committees established and 
        maintained by a national political party, which are not 
        the authorized political committees of any candidate, 
        in any calendar year which, in the aggregate, exceed 
        $25,000, or, in the case of contributions made to any 
        of the accounts described in paragraph (9), exceed 300 
        percent of the amount otherwise applicable under this 
        subparagraph with respect to such calendar year;
          (C) to any other political committee (other than a 
        committee described in subparagraph (D)) in any 
        calendar year which, in the aggregate, exceed $5,000; 
        or
          (D) to a political committee established and 
        maintained by a State committee of a political party in 
        any calendar year which, in the aggregate, exceed 
        $10,000.
  (2) No multicandidate political committee shall make 
contributions--
          (A) to any candidate and his authorized political 
        committees with respect to any election for Federal 
        office which, in the aggregate, exceed $5,000;
          (B) to the political committees established and 
        maintained by a national political party, which are not 
        the authorized political committees of any candidate, 
        in any calendar year, which, in the aggregate, exceed 
        $15,000, or, in the case of contributions made to any 
        of the accounts described in paragraph (9), exceed 300 
        percent of the amount otherwise applicable under this 
        subparagraph with respect to such calendar year; or
          (C) to any other political committee in any calendar 
        year which, in the aggregate, exceed $5,000.
  (3) During the period which begins on January 1 of an odd-
numbered year and ends on December 31 of the next even-numbered 
year, no individual may make contributions aggregating more 
than--
          (A) $37,500, in the case of contributions to 
        candidates and the authorized committees of candidates;
          (B) $57,500, in the case of any other contributions, 
        of which not more than $37,500 may be attributable to 
        contributions to political committees which are not 
        political committees of national political parties.
  (4) The limitations on contributions contained in paragraphs 
(1) and (2) do not apply to transfers between and among 
political committees which are national, State, district, or 
local committees (including any subordinate committee thereof) 
of the same political party. For purposes of paragraph (2), the 
term ``multicandidate political committee'' means a political 
committee which has been registered under section 303 for a 
period of not less than 6 months, which has received 
contributions from more than 50 persons, and, except for any 
State political party organization, has made contributions to 5 
or more candidates for Federal office.
  (5) For purposes of the limitations provided by paragraph (1) 
and paragraph (2), all contributions made by political 
committees established or financed or maintained or controlled 
by any corporation, labor organization, or any other person, 
including any parent, subsidiary, branch, division, department, 
or local unit of such corporation, labor organization, or any 
other person, or by any group of such persons, shall be 
considered to have been made by a single political committee, 
except that (A) nothing in this sentence shall limit transfers 
between political committees of funds raised through joint fund 
raising efforts; (B) for purposes of the limitations provided 
by paragraph (1) and paragraph (2) all contributions made by a 
single political committee established or financed or 
maintained or controlled by a national committee of a political 
party and by a single political committee established or 
financed or maintained or controlled by the State committee of 
a political party shall not be considered to have been made by 
a single political committee; and (C) nothing in this section 
shall limit the transfer of funds between the principal 
campaign committee of a candidate seeking nomination or 
election to a Federal office and the principal campaign 
committee of that candidate for nomination or election to 
another Federal office if (i) such transfer is not made when 
the candidate is actively seeking nomination or election to 
both such offices; (ii) the limitations contained in this Act 
on contributions by persons are not exceeded by such transfer; 
and (iii) the candidate has not elected to receive any funds 
under chapter 95 or chapter 96 of the Internal Revenue Code of 
1954. In any case in which a corporation and any of its 
subsidiaries, branches, divisions, departments, or local units, 
or a labor organization and any of its subsidiaries, branches, 
divisions, departments, or local units establish or finance or 
maintain or control more than one separate segregated fund, all 
such separate segregated funds shall be treated as a single 
segregated fund for purposes of the limitations provided by 
paragraph (1) and paragraph (2).
  (6) The limitations on contributions to a candidate imposed 
by paragraphs (1) and (2) of this subsection shall apply 
separately with respect to each election, except that all 
elections held in any calendar year for the office of President 
of the United States (except a general election for such 
office) shall be considered to be one election.
  (7) For purposes of this subsection--
          (A) contributions to a named candidate made to any 
        political committee authorized by such candidate to 
        accept contributions on his behalf shall be considered 
        to be contributions made to such candidate;
          (B)(i) expenditures made by any person in 
        cooperation, consultation, or concert, with, or at the 
        request or suggestion of, a candidate, his authorized 
        political committees, or their agents shall be 
        considered to be a contribution to such candidate;
          (ii) expenditures made by any person (other than a 
        candidate or candidate's authorized committee) in 
        cooperation, consultation, or concert with, or at the 
        request or suggestion of, a national, State, or local 
        committee of a political party, shall be considered to 
        be contributions made to such party committee; and
          (iii) the financing by any person of the 
        dissemination, distribution, or republication, in whole 
        or in part, of any broadcast or any written, graphic, 
        or other form of campaign materials prepared by the 
        candidate, his campaign committees, or their authorized 
        agents shall be considered to be an expenditure for 
        purposes of this paragraph; and
          (C) if--
                  (i) any person makes, or contracts to make, 
                any disbursement for any electioneering 
                communication (within the meaning of section 
                304(f)(3)); and
                  (ii) such disbursement is coordinated with a 
                candidate or an authorized committee of such 
                candidate, a Federal, State, or local political 
                party or committee thereof, or an agent or 
                official of any such candidate, party, or 
                committee;
        such disbursement or contracting shall be treated as a 
        contribution to the candidate supported by the 
        electioneering communication or that candidate's party 
        and as an expenditure by that candidate or that 
        candidate's party; and
          (D) contributions made to or for the benefit of any 
        candidate nominated by a political party for election 
        to the office of Vice President of the United States 
        shall be considered to be contributions made to or for 
        the benefit of the candidate of such party for election 
        to the office of President of the United States.
  (8) For purposes of the limitations imposed by this section, 
all contributions made by a person, either directly or 
indirectly, on behalf of a particular candidate, including 
contributions which are in any way earmarked or otherwise 
directed through an intermediary or conduit to such candidate, 
shall be treated as contributions from such person to such 
candidate. The intermediary or conduit shall report the 
original source and the intended recipient of such contribution 
to the Commission and to the intended recipient.
  (9) An account described in this paragraph is any of the 
following accounts:
          (A) A separate, segregated account of a national 
        committee of a political party (other than a national 
        congressional campaign committee of a political party) 
        which is used solely to defray expenses incurred with 
        respect to a presidential nominating convention 
        (including the payment of deposits) or to repay loans 
        the proceeds of which were used to defray such 
        expenses, or otherwise to restore funds used to defray 
        such expenses, except that the aggregate amount of 
        expenditures the national committee of a political 
        party may make from such account may not exceed 
        $20,000,000 with respect to any single convention.
          (B) A separate, segregated account of a national 
        committee of a political party (including a national 
        congressional campaign committee of a political party) 
        which is used solely to defray expenses incurred with 
        respect to the construction, purchase, renovation, 
        operation, and furnishing of one or more headquarters 
        buildings of the party or to repay loans the proceeds 
        of which were used to defray such expenses, or 
        otherwise to restore funds used to defray such expenses 
        (including expenses for obligations incurred during the 
        2-year period which ends on the date of the enactment 
        of this paragraph).
          (C) A separate, segregated account of a national 
        committee of a political party (including a national 
        congressional campaign committee of a political party) 
        which is used to defray expenses incurred with respect 
        to the preparation for and the conduct of election 
        recounts and contests and other legal proceedings.
  (10) For purposes of paragraph (7), an expenditure or 
disbursement may be considered to have been made in 
cooperation, consultation, or concert with, or coordinated 
with, a person without regard to whether or not the 
cooperation, consultation, or coordination is carried out 
pursuant to agreement or formal collaboration.
  (b)(1) No candidate for the office of President of the United 
States who is eligible under section 9003 of the Internal 
Revenue Code of 1954 (relating to condition for eligibility for 
payments) or under section 9033 of the Internal Revenue Code of 
1954 (relating to eligibility for payments) to receive payments 
from the Secretary of the Treasury may make expenditures in 
excess of--
          (A) $10,000,000, in the case of a campaign for 
        nomination for election to such office, except the 
        aggregate of expenditures under this subparagraph in 
        any one State shall not exceed the greater of 16 cents 
        multiplied by the voting age population of the State 
        (as certified under subsection (e)), or $200,000; or
          (B) $20,000,000 in the case of a campaign for 
        election to such office.
  (2) For purposes of this subsection--
          (A) expenditures made by or on behalf of any 
        candidate nominated by a political party for election 
        to the office of Vice President of the United States 
        shall be considered to be expenditures made by or on 
        behalf of the candidate of such party for election to 
        the office of President of the United States; and
          (B) an expenditure is made on behalf of a candidate, 
        including a vice presidential candidate, if it is made 
        by--
                  (i) an authorized committee or any other 
                agent of the candidate for purposes of making 
                any expenditure; or
                  (ii) any person authorized or requested by 
                the candidate, an authorized committee of the 
                candidate, or an agent of the candidate to make 
                the expenditures.
  (c)(1)(A) At the beginning of each calendar year (commencing 
in 1976), as there become available necessary data from the 
Bureau of Labor Statistics of the Department of Labor, the 
Secretary of Labor shall certify to the Commission and publish 
in the Federal Register the percent difference between the 
price index for the 12 months preceding the beginning of such 
calendar year and the price index for the base period.
  (B) Except as provided in subparagraph (C), in any calendar 
year after 2002--
          (i) a limitation established by subsections 
        (a)(1)(A), (a)(1)(B), (a)(3), (b), (d), or (h) shall be 
        increased by the percent difference determined under 
        subparagraph (A);
          (ii) each amount so increased shall remain in effect 
        for the calendar year; and
          (iii) if any amount after adjustment under clause (i) 
        is not a multiple of $100, such amount shall be rounded 
        to the nearest multiple of $100.
  (C) In the case of limitations under subsections (a)(1)(A), 
(a)(1)(B), (a)(3), and (h), increases shall only be made in 
odd-numbered years and such increases shall remain in effect 
for the 2-year period beginning on the first day following the 
date of the last general election in the year preceding the 
year in which the amount is increased and ending on the date of 
the next general election.
  (2) For purposes of paragraph (1)--
          (A) the term ``price index'' means the average over a 
        calendar year of the Consumer Price Index (all items--
        United States city average) published monthly by the 
        Bureau of Labor Statistics; and
          (B) the term ``base period'' means--
                  (i) for purposes of subsections (b) and (d), 
                calendar year 1974; and
                  (ii) for purposes of subsections (a)(1)(A), 
                (a)(1)(B), (a)(3), and (h), calendar year 2001.
  (d)(1) Notwithstanding any other provision of law with 
respect to limitations on expenditures or limitations on 
contributions, the national committee of a political party and 
a State committee of a political party, including any 
subordinate committee of a State committee, may make 
expenditures in connection with the general election campaign 
of candidates for Federal office, subject to the limitations 
contained in paragraphs (2), (3), and (4) of this subsection.
  (2) The national committee of a political party may not make 
any expenditure in connection with the general election 
campaign of any candidate for President of the United States 
who is affiliated with such party which exceeds an amount equal 
to 2 cents multiplied by the voting age population of the 
United States (as certified under subsection (e)). Any 
expenditure under this paragraph shall be in addition to any 
expenditure by a national committee of a political party 
serving as the principal campaign committee of a candidate for 
the office of President of the United States.
  (3) The national committee of a political party, or a State 
committee of a political party, including any subordinate 
committee of a State committee, may not make any expenditure in 
connection with the general election campaign of a candidate 
for Federal office in a State who is affiliated with such party 
which exceeds--
          (A) in the case of a candidate for election to the 
        office of Senator, or of Representative from a State 
        which is entitled to only one Representative, the 
        greater of--
                  (i) 2 cents multiplied by the voting age 
                population of the State (as certified under 
                subsection (e)); or
                  (ii) $20,000; and
          (B) in the case of a candidate for election to the 
        office of Representative, Delegate, or Resident 
        Commissioner in any other State, $10,000.
          (4) Independent versus coordinated expenditures by 
        party.--
                  (A) In general.--On or after the date on 
                which a political party nominates a candidate, 
                no committee of the political party may make--
                          (i) any coordinated expenditure under 
                        this subsection with respect to the 
                        candidate during the election cycle at 
                        any time after it makes any independent 
                        expenditure (as defined in section 
                        301(17)) with respect to the candidate 
                        during the election cycle; or
                          (ii) any independent expenditure (as 
                        defined in section 301(17)) with 
                        respect to the candidate during the 
                        election cycle at any time after it 
                        makes any coordinated expenditure under 
                        this subsection with respect to the 
                        candidate during the election cycle.
                  (B) Application.--For purposes of this 
                paragraph, all political committees established 
                and maintained by a national political party 
                (including all congressional campaign 
                committees) and all political committees 
                established and maintained by a State political 
                party (including any subordinate committee of a 
                State committee) shall be considered to be a 
                single political committee.
                  (C) Transfers.--A committee of a political 
                party that makes coordinated expenditures under 
                this subsection with respect to a candidate 
                shall not, during an election cycle, transfer 
                any funds to, assign authority to make 
                coordinated expenditures under this subsection 
                to, or receive a transfer of funds from, a 
                committee of the political party that has made 
                or intends to make an independent expenditure 
                with respect to the candidate.
  (5) The limitations contained in paragraphs (2), (3), and (4) 
of this subsection shall not apply to expenditures made from 
any of the accounts described in subsection (a)(9).
  (e) During the first week of January 1975, and every 
subsequent year, the Secretary of Commerce shall certify to the 
Commission and publish in the Federal Register an estimate of 
the voting age population of the United States, of each State, 
and of each congressional district as of the first day of July 
next preceding the date of certification. The term ``voting age 
population'' means resident population, 18 years of age or 
older.
  (f) No candidate or political committee shall knowingly 
accept any contribution or make any expenditure in violation of 
the provisions of this section. No officer or employee of a 
political committee shall knowingly accept a contribution made 
for the benefit or use of a candidate, or knowingly make any 
expenditure on behalf of a candidate, in violation of any 
limitation imposed on contributions and expenditures under this 
section.
  (g) The Commission shall prescribe rules under which any 
expenditure by a candidate for presidential nominations for use 
in 2 or more States shall be attributed to such candidate's 
expenditure limitation in each such State, based on the voting 
age population in such State which can reasonably be expected 
to be influenced by such expenditure.
  (h) Notwithstanding any other provision of this Act, amounts 
totaling not more than $35,000 may be contributed to a 
candidate for nomination for election, or for election, to the 
United States Senate during the year in which an election is 
held in which he is such a candidate, by the Republican or 
Democratic Senatorial Campaign Committee, or the national 
committee of a political party, or any combination of such 
committees.
  (i) Increased Limit To Allow Response to Expenditures From 
Personal Funds.--
          (1) Increase.--
                  (A) In general.--Subject to paragraph (2), if 
                the opposition personal funds amount with 
                respect to a candidate for election to the 
                office of Senator exceeds the threshold amount, 
                the limit under subsection (a)(1)(A) (in this 
                subsection referred to as the ``applicable 
                limit'') with respect to that candidate shall 
                be the increased limit.
                  (B) Threshold amount.--
                          (i) State-by-state competitive and 
                        fair campaign formula.--In this 
                        subsection, the threshold amount with 
                        respect to an election cycle of a 
                        candidate described in subparagraph (A) 
                        is an amount equal to the sum of--
                                  (I) $150,000; and
                                  (II) $0.04 multiplied by the 
                                voting age population.
                          (ii) Voting age population.--In this 
                        subparagraph, the term ``voting age 
                        population'' means in the case of a 
                        candidate for the office of Senator, 
                        the voting age population of the State 
                        of the candidate (as certified under 
                        section 315(e)).
                  (C) Increased limit.--Except as provided in 
                clause (ii), for purposes of subparagraph (A), 
                if the opposition personal funds amount is 
                over--
                          (i) 2 times the threshold amount, but 
                        not over 4 times that amount--
                                  (I) the increased limit shall 
                                be 3 times the applicable 
                                limit; and
                                  (II) the limit under 
                                subsection (a)(3) shall not 
                                apply with respect to any 
                                contribution made with respect 
                                to a candidate if such 
                                contribution is made under the 
                                increased limit of subparagraph 
                                (A) during a period in which 
                                the candidate may accept such a 
                                contribution;
                          (ii) 4 times the threshold amount, 
                        but not over 10 times that amount--
                                  (I) the increased limit shall 
                                be 6 times the applicable 
                                limit; and
                                  (II) the limit under 
                                subsection (a)(3) shall not 
                                apply with respect to any 
                                contribution made with respect 
                                to a candidate if such 
                                contribution is made under the 
                                increased limit of subparagraph 
                                (A) during a period in which 
                                the candidate may accept such a 
                                contribution; and
                          (iii) 10 times the threshold amount--
                                  (I) the increased limit shall 
                                be 6 times the applicable 
                                limit;
                                  (II) the limit under 
                                subsection (a)(3) shall not 
                                apply with respect to any 
                                contribution made with respect 
                                to a candidate if such 
                                contribution is made under the 
                                increased limit of subparagraph 
                                (A) during a period in which 
                                the candidate may accept such a 
                                contribution; and
                                  (III) the limits under 
                                subsection (d) with respect to 
                                any expenditure by a State or 
                                national committee of a 
                                political party shall not 
                                apply.
                  (D) Opposition personal funds amount.--The 
                opposition personal funds amount is an amount 
                equal to the excess (if any) of--
                          (i) the greatest aggregate amount of 
                        expenditures from personal funds (as 
                        defined in section 304(a)(6)(B)) that 
                        an opposing candidate in the same 
                        election makes; over
                          (ii) the aggregate amount of 
                        expenditures from personal funds made 
                        by the candidate with respect to the 
                        election.
                  (E) Special rule for candidate's campaign 
                funds.--
                          (i) In general.--For purposes of 
                        determining the aggregate amount of 
                        expenditures from personal funds under 
                        subparagraph (D)(ii), such amount shall 
                        include the gross receipts advantage of 
                        the candidate's authorized committee.
                          (ii) Gross receipts advantage.--For 
                        purposes of clause (i), the term 
                        ``gross receipts advantage'' means the 
                        excess, if any, of--
                                  (I) the aggregate amount of 
                                50 percent of gross receipts of 
                                a candidate's authorized 
                                committee during any election 
                                cycle (not including 
                                contributions from personal 
                                funds of the candidate) that 
                                may be expended in connection 
                                with the election, as 
                                determined on June 30 and 
                                December 31 of the year 
                                preceding the year in which a 
                                general election is held, over
                                  (II) the aggregate amount of 
                                50 percent of gross receipts of 
                                the opposing candidate's 
                                authorized committee during any 
                                election cycle (not including 
                                contributions from personal 
                                funds of the candidate) that 
                                may be expended in connection 
                                with the election, as 
                                determined on June 30 and 
                                December 31 of the year 
                                preceding the year in which a 
                                general election is held.
          (2) Time to accept contributions under increased 
        limit.--
                  (A) In general.--Subject to subparagraph (B), 
                a candidate and the candidate's authorized 
                committee shall not accept any contribution, 
                and a party committee shall not make any 
                expenditure, under the increased limit under 
                paragraph (1)--
                          (i) until the candidate has received 
                        notification of the opposition personal 
                        funds amount under section 
                        304(a)(6)(B); and
                          (ii) to the extent that such 
                        contribution, when added to the 
                        aggregate amount of contributions 
                        previously accepted and party 
                        expenditures previously made under the 
                        increased limits under this subsection 
                        for the election cycle, exceeds 110 
                        percent of the opposition personal 
                        funds amount.
                  (B) Effect of withdrawal of an opposing 
                candidate.--A candidate and a candidate's 
                authorized committee shall not accept any 
                contribution and a party shall not make any 
                expenditure under the increased limit after the 
                date on which an opposing candidate ceases to 
                be a candidate to the extent that the amount of 
                such increased limit is attributable to such an 
                opposing candidate.
          (3) Disposal of excess contributions.--
                  (A) In general.--The aggregate amount of 
                contributions accepted by a candidate or a 
                candidate's authorized committee under the 
                increased limit under paragraph (1) and not 
                otherwise expended in connection with the 
                election with respect to which such 
                contributions relate shall, not later than 50 
                days after the date of such election, be used 
                in the manner described in subparagraph (B).
                  (B) Return to contributors.--A candidate or a 
                candidate's authorized committee shall return 
                the excess contribution to the person who made 
                the contribution.
  (j) Limitation on Repayment of Personal Loans.--Any candidate 
who incurs personal loans made after the effective date of the 
Bipartisan Campaign Reform Act of 2002 in connection with the 
candidate's campaign for election shall not repay (directly or 
indirectly), to the extent such loans exceed $250,000, such 
loans from any contributions made to such candidate or any 
authorized committee of such candidate after the date of such 
election.

           *       *       *       *       *       *       *


contributions or expenditures by national banks, corporations, or labor 
                             organizations

  Sec. 316. (a) It is unlawful for any national bank, or any 
corporation organized by authority of any law of Congress, to 
make a contribution or expenditure in connection with any 
election to any political office, or in connection with any 
primary election or political convention or caucus held to 
select candidates for any political office, or for any 
corporation whatever, or any labor organization, to make a 
contribution or expenditure in connection with any election at 
which presidential and vice presidential electors or a Senator 
or Representative in, or a Delegate or Resident Commissioner 
to, Congress are to be voted for, or in connection with any 
primary election or political convention or caucus held to 
select candidates for any of the foregoing offices, or for any 
candidate, political committee, or other person knowingly to 
accept or receive any contribution prohibited by this section, 
or any officer or any director of any corporation or any 
national bank or any officer of any labor organization to 
consent to any contribution or expenditure by the corporation, 
national bank, or labor organization, as the case may be, 
prohibited by this section.
  (b)(1) For the purposes of this section the term ``labor 
organization'' means any organization of any kind, or any 
agency or employee representation committee or plan, in which 
employees participate and which exists for the purpose, in 
whole or in part, of dealing with employers concerning 
grievances, labor disputes, wages, rates of pay, hours of 
employment, or conditions of work.
  (2) For purposes of this section and section 12(h) of the 
Public Utility Holding Company Act (15 U.S.C. 79l(h)), the term 
``contribution or expenditure'' includes a contribution or 
expenditure, as those terms are defined in section 301, and 
also includes any direct or indirect payment, distribution, 
loan, advance, deposit, or gift of money, or any services, or 
anything of value (except a loan of money by a national or 
State bank made in accordance with the applicable banking laws 
and regulations and in the ordinary course of business) to any 
candidate, campaign committee, or political party or 
organization, in connection with any election to any of the 
offices referred to in this section or for any applicable 
electioneering communication, but shall not include (A) 
communications by a corporation to its stockholders and 
executive or administrative personnel and their families or by 
a labor organization to its members and their families on any 
subject; (B) nonpartisan registration and get-out-the-vote 
campaigns by a corporation aimed at its stockholders and 
executive or administrative personnel and their families, or by 
a labor organization aimed at its members and their families; 
and (C) the establishment, administration, and solicitation of 
contributions to a separate segregated fund to be utilized for 
political purposes by a corporation, labor organization, 
membership organization, cooperative, or corporation without 
capital stock.
  (3) It shall be unlawful--
          (A) for such a fund to make a contribution or 
        expenditure by utilizing money or anything of value 
        secured by physical force, job discrimination, 
        financial reprisals, or the threat of force, job 
        discrimination, or financial reprisal; or by dues, 
        fees, or other moneys required as a condition of 
        membership in a labor organization or as a condition of 
        employment, or by moneys obtained in any commercial 
        transaction;
          (B) for any person soliciting an employee for a 
        contribution to such a fund to fail to inform such 
        employee of the political purposes of such fund at the 
        time of such solicitation; and
          (C) for any person soliciting an employee for a 
        contribution to such a fund to fail to inform such 
        employee, at the time of such solicitation, of his 
        right to refuse to so contribute without any reprisal.
  (4)(A) Except as provided in subparagraphs (B), (C), and (D), 
it shall be unlawful--
          (i) for a corporation, or a separate segregated fund 
        established by a corporation, to solicit contributions 
        to such a fund from any person other than its 
        stockholders and their families and its executive or 
        administrative personnel and their families, and
          (ii) for a labor organization, or a separate 
        segregated fund established by a labor organization, to 
        solicit contributions to such a fund from any person 
        other than its members and their families.
  (B) It shall not be unlawful under this section for a 
corporation, a labor organization, or a separate segregated 
fund established by such corporation or such labor 
organization, to make 2 written solicitations for contributions 
during the calendar year from any stockholder, executive or 
administrative personnel, or employee of a corporation or the 
families of such persons. A solicitation under this 
subparagraph may be made only by mail addressed to 
stockholders, executive or administrative personnel, or 
employees at their residence and shall be so designed that the 
corporation, labor organization, or separate segregated fund 
conducting such solicitation cannot determine who makes a 
contribution of $50 or less as a result of such solicitation 
and who does not make such a contribution.
  (C) This paragraph shall not prevent a membership 
organization, cooperative, or corporation without capital 
stock, or a separate segregated fund established by a 
membership organization, cooperative, or corporation without 
capital stock, from soliciting contributions to such a fund 
from members of such organizations, cooperative, or corporation 
without capital stock.
  (D) This paragraph shall not prevent a trade association or a 
separate segregated fund established by a trade association 
from soliciting contributions from the stockholders and 
executive or administrative personnel of the member 
corporations of such trade association and the families of such 
stockholders or personnel to the extent that such solicitation 
of such stockholders and personnel, and their families, has 
been separately and specifically approved by the member 
corporation involved, and such member corporation does not 
approve any such solicitation by more than one such trade 
association in any calendar year.
  (5) Notwithstanding any other law, any method of soliciting 
voluntary contributions or of facilitating the making of 
voluntary contributions to a separate segregated fund 
established by a corporation, permitted by law to corporations 
with regard to stockholders and executive or administrative 
personnel, shall also be permitted to labor organizations with 
regard to their members.
  (6) Any corporation, including its subsidiaries, branches, 
divisions, and affiliates, that utilizes a method of soliciting 
voluntary contributions or facilitating the making of voluntary 
contributions, shall make available such method, on written 
request and at a cost sufficient only to reimburse the 
corporation for the expenses incurred thereby, to a labor 
organization representing any members working for such 
corporation, its subsidiaries, branches, divisions, and 
affiliates.
  (7) For purposes of this section, the term ``executive or 
administrative personnel'' means individuals employed by a 
corporation who are paid on a salary, rather than hourly, basis 
and who have policymaking, managerial, professional, or 
supervisory responsibilities.
  (8) A separate segregated fund established by a corporation 
may not make a contribution or expenditure during a year unless 
the fund has certified to the Commission the following during 
the year:
          (A) Each individual who manages the fund, and who is 
        responsible for exercising decisionmaking authority for 
        the fund, is a citizen of the United States or is 
        lawfully admitted for permanent residence in the United 
        States.
          (B) No foreign national under section 319 
        participates in any way in the decisionmaking processes 
        of the fund with regard to contributions or 
        expenditures under this Act.
          (C) The fund does not solicit or accept 
        recommendations from any foreign national under section 
        319 with respect to the contributions or expenditures 
        made by the fund.
          (D) Any member of the board of directors of the 
        corporation who is a foreign national under section 319 
        abstains from voting on matters concerning the fund or 
        its activities.
  (c) Rules Relating to Electioneering Communications.--
          (1) Applicable electioneering communication.--For 
        purposes of this section, the term ``applicable 
        electioneering communication'' means an electioneering 
        communication (within the meaning of section 304(f)(3)) 
        which is made by any entity described in subsection (a) 
        of this section or by any other person using funds 
        donated by an entity described in subsection (a) of 
        this section.
          (2) Exception.--Notwithstanding paragraph (1), the 
        term ``applicable electioneering communication'' does 
        not include a communication by a section 501(c)(4) 
        organization or a political organization (as defined in 
        section 527(e)(1) of the Internal Revenue Code of 1986) 
        made under section 304(f)(2)(E) or (F) of this Act if 
        the communication is paid for exclusively by funds 
        provided directly by individuals who are United States 
        citizens or nationals or lawfully admitted for 
        permanent residence (as defined in section 101(a)(20) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(20))). For purposes of the preceding sentence, 
        the term ``provided directly by individuals'' does not 
        include funds the source of which is an entity 
        described in subsection (a) of this section.
          (3) Special operating rules.--
                  (A) Definition under paragraph (1).--An 
                electioneering communication shall be treated 
                as made by an entity described in subsection 
                (a) if an entity described in subsection (a) 
                directly or indirectly disburses any amount for 
                any of the costs of the communication.
                  (B) Exception under paragraph (2).--A section 
                501(c)(4) organization that derives amounts 
                from business activities or receives funds from 
                any entity described in subsection (a) shall be 
                considered to have paid for any communication 
                out of such amounts unless such organization 
                paid for the communication out of a segregated 
                account to which only individuals can 
                contribute, as described in section 
                304(f)(2)(E).
          (4) Definitions and rules.--For purposes of this 
        subsection--
                  (A) the term ``section 501(c)(4) 
                organization'' means--
                          (i) an organization described in 
                        section 501(c)(4) of the Internal 
                        Revenue Code of 1986 and exempt from 
                        taxation under section 501(a) of such 
                        Code; or
                          (ii) an organization which has 
                        submitted an application to the 
                        Internal Revenue Service for 
                        determination of its status as an 
                        organization described in clause (i); 
                        and
                  (B) a person shall be treated as having made 
                a disbursement if the person has executed a 
                contract to make the disbursement.
          (5) Coordination with internal revenue code.--Nothing 
        in this subsection shall be construed to authorize an 
        organization exempt from taxation under section 501(a) 
        of the Internal Revenue Code of 1986 to carry out any 
        activity which is prohibited under such Code.
          (6) Special rules for targeted communications.--
                  (A) Exception does not apply.--Paragraph (2) 
                shall not apply in the case of a targeted 
                communication that is made by an organization 
                described in such paragraph.
                  (B) Targeted communication.--For purposes of 
                subparagraph (A), the term ``targeted 
                communication'' means an electioneering 
                communication (as defined in section 304(f)(3)) 
                that is distributed from a television or radio 
                broadcast station or provider of cable or 
                satellite television service and, in the case 
                of a communication which refers to a candidate 
                for an office other than President or Vice 
                President, is targeted to the relevant 
                electorate.
                  (C) Definition.--For purposes of this 
                paragraph, a communication is ``targeted to the 
                relevant electorate'' if it meets the 
                requirements described in section 304(f)(3)(C).

           *       *       *       *       *       *       *


      publication and distribution of statements and solicitations

  Sec. 318. (a) Whenever a political committee makes a 
disbursement for the purpose of [financing any communication 
through any broadcasting station, newspaper, magazine, outdoor 
advertising facility, mailing, or any other type of general 
public political advertising] financing any public 
communication, or whenever any person makes a disbursement for 
the purpose of financing communications expressly advocating 
the election or defeat of a clearly identified candidate, or 
[solicits any contribution through any broadcasting station, 
newspaper, magazine, outdoor advertising facility, mailing, or 
any other type of general public political advertising] 
solicits any contribution through any public communication or 
makes a disbursement for an electioneering communication (as 
defined in section 304(f)(3)), such communication--
          (1) if paid for and authorized by a candidate, an 
        authorized political committee of a candidate, or its 
        agents, [shall clearly state] shall state in a clear 
        and conspicuous manner that the communication has been 
        paid for by such authorized political committee, or
          (2) if paid for by other persons but authorized by a 
        candidate, an authorized political committee of a 
        candidate, or its agents, [shall clearly state] shall 
        state in a clear and conspicuous manner that the 
        communication is paid for by such other persons and 
        authorized by such authorized political committee;
          (3) if not authorized by a candidate, an authorized 
        political committee of a candidate, or its agents, 
        [shall clearly state] shall state in a clear and 
        conspicuous manner the name and permanent street 
        address, telephone number, or World Wide Web address of 
        the person who paid for the communication and state 
        that the communication is not authorized by any 
        candidate or candidate's committee.
For purposes of this section, a communication does not make a 
statement in a clear and conspicuous manner if it is difficult 
to read or hear or if the placement is easily overlooked.
  (b) No person who sells space in a newspaper or magazine to a 
candidate or to the agent of a candidate, for use in connection 
with such candidate's campaign, may charge any amount for such 
space which exceeds the amount charged for comparable use of 
such space for other purposes.
  (c) Specification.--Any printed communication described in 
subsection (a) shall--
          (1) be of sufficient type size to be clearly readable 
        by the recipient of the communication;
          (2) be contained in a printed box set apart from the 
        other contents of the communication; and
          (3) be printed with a reasonable degree of color 
        contrast between the background and the printed 
        statement.
  (d) Additional Requirements.--
          (1) Communications by candidates or authorized 
        persons.--
                  (A)  [By radio] Audio format.--Any 
                communication described in paragraph (1) or (2) 
                of subsection (a) [which is transmitted through 
                radio] which is in an audio format shall 
                include, in addition to the requirements of 
                that paragraph, an audio statement by the 
                candidate that identifies the candidate and 
                states that the candidate has approved the 
                communication.
                  (B)  [By television] Video format.--Any 
                communication described in paragraph (1) or (2) 
                of subsection (a) [which is transmitted through 
                television] which is in video format shall 
                include, in addition to the requirements of 
                that paragraph, a statement that identifies the 
                candidate and states that the candidate has 
                approved the communication. Such statement--
                          (i) shall be conveyed by--
                                  (I) an unobscured, full-
                                screen view of the candidate 
                                making the statement, or
                                  (II) the candidate in voice-
                                over, accompanied by a clearly 
                                identifiable photographic or 
                                similar image of the candidate; 
                                and
                          (ii) shall also appear in writing at 
                        the end of the communication in a 
                        clearly readable manner with a 
                        reasonable degree of color contrast 
                        between the background and the printed 
                        statement, for a period of at least 4 
                        seconds.
          (2) Communications by others.--Any communication 
        described in paragraph (3) of subsection (a) which is 
        [transmitted through radio or television] made in audio 
        or video format shall include, in addition to the 
        requirements of that paragraph, in a clearly spoken 
        manner, the following audio statement: ``_____ is 
        responsible for the content of this advertising.'' 
        (with the blank to be filled in with the name of the 
        political committee or other person paying for the 
        communication and the name of any connected 
        organization of the payor). If transmitted [through 
        television] in video format, the statement shall be 
        conveyed by an unobscured, full-screen view of a 
        representative of the political committee or other 
        person making the statement, or by a representative of 
        such political committee or other person in voice-over, 
        and shall also appear in a clearly readable manner with 
        a reasonable degree of color contrast between the 
        background and the printed statement, for a period of 
        at least 4 seconds.
  (e) Special Rules for Qualified Internet or Digital 
Communications.--
          (1) Special rules with respect to statements.--In the 
        case of any communication to which this section applies 
        which is a qualified internet or digital communication 
        (as defined in section 304(f)(3)(D)) which is 
        disseminated through a medium in which the provision of 
        all of the information specified in this section is not 
        possible, the communication shall, in a clear and 
        conspicuous manner--
                  (A) state the name of the person who paid for 
                the communication; and
                  (B) provide a means for the recipient of the 
                communication to obtain the remainder of the 
                information required under this section with 
                minimal effort and without receiving or viewing 
                any additional material other than such 
                required information.
          (2) Safe harbor for determining clear and conspicuous 
        manner.--A statement in a qualified 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 following requirements:
                  (A) Text or graphic communications.--In the 
                case of a text or graphic communication, the 
                statement--
                          (i) appears in letters at least as 
                        large as the majority of the text in 
                        the communication; and
                          (ii) meets the requirements of 
                        paragraphs (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 communication and 
                lasts at least 3 seconds.
                  (C) Video communications.--In the case of a 
                video communication which also includes audio, 
                the statement--
                          (i) is included at either the 
                        beginning or the end of the 
                        communication; and
                          (ii) is made both in--
                                  (I) a written format that 
                                meets the requirements of 
                                subparagraph (A) and appears 
                                for at least 4 seconds; and
                                  (II) an audible format that 
                                meets the requirements of 
                                subparagraph (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).

            contributions and donations by foreign nationals

  Sec. 319. (a) Prohibition.--It shall be unlawful for--
          (1) a foreign national, directly or indirectly, to 
        make--
                  (A) a contribution or donation of money or 
                other thing of value, or to make an express or 
                implied promise to make a contribution or 
                donation, in connection with a Federal, State, 
                or local [election;] election, including a 
                State or local ballot initiative or referendum, 
                including any disbursement to a political 
                committee which accepts donations or 
                contributions that do not comply with the 
                limitations, prohibitions, and reporting 
                requirements of this Act (or any disbursement 
                to or on behalf of any account of a political 
                committee which is established for the purpose 
                of accepting such donations or contributions);
                  (B) a contribution or donation to a committee 
                of a political party; [or]
                  [(C) an expenditure, independent expenditure, 
                or disbursement for an electioneering 
                communication (within the meaning of section 
                304(f)(3)); or]
                  (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 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 
                section 304(k)(3)), 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 described in section 
                304(j)(3)(C); or
                  (I) a disbursement by a covered foreign 
                national described in section 304(j)(3)(C) 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 communication contains 
                express advocacy or the functional equivalent 
                of express advocacy);
          (2) a person to solicit, accept, or receive a 
        contribution or donation described in subparagraph (A) 
        or (B) of paragraph (1) from a foreign national[.]; or
          (3) a foreign national to direct, dictate, control, 
        or directly or indirectly participate in the decision 
        making process of any person (including a corporation, 
        labor organization, political committee, or political 
        organization) with regard to such person's Federal or 
        non-Federal election-related activity, including any 
        decision concerning the making of contributions, 
        donations, expenditures, or disbursements in connection 
        with an election for any Federal, State, or local 
        office or any decision concerning the administration of 
        a political committee.
  (b) As used in this section, the term ``foreign national'' 
means--
          (1) a foreign principal, as such term is defined by 
        section 1(b) of the Foreign Agents Registration Act of 
        1938 (22 U.S.C. 611(b)), except that the term ``foreign 
        national'' shall not include any individual who is a 
        citizen of the United States; or
          (2) an individual who is not a citizen of the United 
        States or a national of the United States (as defined 
        in section 101(a)(22) of the Immigration and 
        Nationality Act) and who is not lawfully admitted for 
        permanent residence, as defined by section 101(a)(20) 
        of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(20)).
  (c) Responsibilities of Broadcast Stations, Providers of 
Cable and Satellite Television, and Online Platforms.--
          (1) Responsibilities described.--Each television or 
        radio broadcast station, provider of cable or satellite 
        television, or online platform (as defined in section 
        304(k)(3)) shall make reasonable efforts to ensure that 
        communications described in section 318(a) and made 
        available by such station, provider, or platform are 
        not purchased by a foreign national, directly or 
        indirectly. For purposes of the previous sentence, a 
        station, provider, or online platform shall not be 
        considered to have made reasonable efforts under this 
        paragraph in the case of the availability of a 
        communication unless the station, provider, or online 
        platform directly inquires from the individual or 
        entity making such purchase whether the purchase is to 
        be made by a foreign national, directly or indirectly.
          (2) Special rules for disbursement paid with credit 
        card.--For purposes of paragraph (1), a television or 
        radio broadcast station, provider of cable or satellite 
        television, or online platform shall be considered to 
        have made reasonable efforts under such paragraph in 
        the case of a purchase of the availability of a 
        communication which is made with a credit card if--
                  (A) the individual or entity making such 
                purchase is required, at the time of making 
                such purchase, to disclose the credit 
                verification value of such credit card; and
                  (B) the billing address associated with such 
                credit card is located in the United States or, 
                in the case of a purchase made by an individual 
                who is a United States citizen living outside 
                of the United States, the individual provides 
                the television or radio broadcast station, 
                provider of cable or satellite television, or 
                online platform with the United States mailing 
                address the individual uses for voter 
                registration purposes.
  (d) Certification of Compliance Required Prior to Carrying 
Out Activity.--Prior to the making in connection with an 
election for Federal office of any contribution, donation, 
expenditure, independent expenditure, or disbursement for an 
electioneering communication by a corporation, labor 
organization (as defined in section 316(b)), limited liability 
corporation, or partnership during a year, the chief executive 
officer of the corporation, labor organization, limited 
liability corporation, or partnership (or, if the corporation, 
labor organization, limited liability corporation, or 
partnership does not have a chief executive officer, the 
highest ranking official of the corporation, labor 
organization, limited liability corporation, or partnership), 
shall file a certification with the Commission, under penalty 
of perjury, that a foreign national did not direct, dictate, 
control, or directly or indirectly participate in the decision 
making process relating to such activity in violation of 
subsection (a)(3), unless the chief executive officer has 
previously filed such a certification during that calendar 
year.
  (e) Restrictions on Exchange of Information Between 
Candidates and Foreign Powers.--
          (1) Treatment of offer to share nonpublic campaign 
        material as solicitation of contribution from foreign 
        national.--If a candidate or an individual affiliated 
        with the campaign of a candidate, or if a political 
        committee or an individual affiliated with a political 
        committee, provides or offers to provide nonpublic 
        campaign material to a covered foreign national or to 
        another person whom the candidate, committee, or 
        individual knows or has reason to know will provide the 
        material to a covered foreign national, the candidate, 
        committee, or individual (as the case may be) shall be 
        considered for purposes of this section to have 
        solicited a contribution or donation described in 
        subsection (a)(1)(A) from a foreign national.
          (2) Definitions.--In this subsection, the following 
        definitions apply:
                  (A) The term ``candidate'' means an 
                individual who seeks nomination for, or 
                election to, any Federal, State, or local 
                public office.
                  (B) The term ``covered foreign national'' has 
                the meaning given such term in section 
                304(j)(3)(C).
                  (C) The term ``individual affiliated with a 
                campaign'' means, with respect to a candidate, 
                an employee of any organization legally 
                authorized under Federal, State, or local law 
                to support the candidate's campaign for 
                nomination for, or election to, any Federal, 
                State, or local public office, as well as any 
                independent contractor of such an organization 
                and any individual who performs services on 
                behalf of the organization, whether paid or 
                unpaid.
                  (D) The term ``individual affiliated with a 
                political committee'' means, with respect to a 
                political committee, an employee of the 
                committee as well as any independent contractor 
                of the committee and any individual who 
                performs services on behalf of the committee, 
                whether paid or unpaid.
                  (E) The term ``nonpublic campaign material'' 
                means, with respect to a candidate or a 
                political committee, campaign material that is 
                produced by the candidate or the committee or 
                produced at the candidate or committee's 
                expense or request which is not distributed or 
                made available to the general public or 
                otherwise in the public domain, including 
                polling and focus group data and opposition 
                research, except that such term does not 
                include material produced for purposes of 
                consultations relating solely to the 
                candidate's or committee's position on a 
                legislative or policy matter.

SEC. 319A. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN NATIONALS.

  (a) Audit.--
          (1) In general.--The Commission shall conduct an 
        audit after each Federal election cycle to determine 
        the incidence of illicit foreign money in such Federal 
        election cycle.
          (2) Procedures.--In carrying out paragraph (1), the 
        Commission shall conduct random audits of any 
        disbursements required to be reported under this Act, 
        in accordance with procedures established by the 
        Commission.
  (b) Report.--Not later than 180 days after the end of each 
Federal election cycle, the Commission shall submit to Congress 
a report containing--
          (1) results of the audit required by subsection 
        (a)(1); and
          (2) recommendations to address the presence of 
        illicit foreign money in elections, as appropriate.
  (c) Definitions.--As used in this section:
          (1) The term ``Federal election cycle'' means the 
        period which begins on the day after the date of a 
        regularly scheduled general election for Federal office 
        and which ends on the date of the first regularly 
        scheduled general election for Federal office held 
        after such date.
          (2) The term ``illicit foreign money'' means any 
        disbursement by a foreign national (as defined in 
        section 319(b)) prohibited under such section.

           *       *       *       *       *       *       *


                           SUPPLEMENTAL VIEW

    The Republicans of the Committee on House Administration 
believe that a 21st century approach to political advertisement 
disclaimers is needed in order to address foreign meddling in 
our nation's elections. This bill, however, is not the 
solution. Russia conducted most of its election interference 
efforts in the form of non-paid posts on free social media 
sites, but this bill would only address paid ads on platforms 
with 50 million unique monthly visitors. This bill would be 
regulating the $1.4 billion in political advertisements 
purchased legally by U.S. citizens because of only $100,000 in 
ads purchased illegally by foreign actors. The Department of 
Justice (DOJ) is currently limited as to which global 
propagandists it can legally pursue, but this bill deputizes 
American media sites to enforce the law--and holds them 
criminally liable if they fail to detect lawbreakers. Once 
again, the Majority of the Committee on House Administration 
will rush a bill to the floor without holding a single hearing 
and only one markup.
    This rushed process has also led to several significant 
flaws with the legislation as drafted, including: Sec. 101--
Duty to Report--which contains numerous vague terms and leaves 
unclear how political committees are to comply, and how the DOJ 
or Federal Election Commission (FEC) are supposed to enforce 
this law. Sec. 104--Rules of Construction--this section 
introduces a new, undefined, term to the FEC, ``legitimate 
journalistic activities,'' which could potentially make its way 
into other areas under the FEC's authority and be used to 
pursue journalists the FEC disagrees with. Sec. 203--Audit and 
report on illicit foreign money in Federal elections--this 
section potentially weaponizes audits at the FEC under the 
guise of examining foreign money in elections. This section 
potentially provides value to the FEC, yet in its current 
underdefined form this section has too much potential for 
abuse. Sec. 312 and Sec. 313, Prohibition on deceptive 
practices in Federal elections and Corrective Action--these 
sections provide the Department of Justice wide-reaching 
authority to intercede in state and local elections with 
virtually no recourse for states or political committees. These 
sections continue the Majority's attempt to fully federalize 
elections.
    Republicans introduced ten amendments in the committee 
markup, including striking Sec. 313, a very concerning 
provision that would give the U.S. Attorney General unilateral 
power to intercede in state elections; striking sections 115 
(Application of disclaimer statements to online communications) 
and 116 (political record requirements for online platforms), 
which would have removed the most free speech-chilling 
provisions of Title I, Subtitle B; prohibiting the practice of 
ballot harvesting; and prohibiting non-citizen voting. These 
commonsense amendments would have at least attempted to limit 
the assault on the 1st Amendment and truly targeted foreign 
inference. Shortly after the Committee concluded its meeting on 
H.R. 4617, Ranking Member Davis introduced H.R. 4736, the 
Honest Elections Act, which would solve the problem the SHIELD 
Act purports to address--meddling by foreign adversaries in our 
elections--by targeting the foreign powers directly, not 
targeting the free speech rights of American citizens. 
Democrats adopted only one amendment--addressing a drafting 
error--and rejected the other nine amendments in the markup 
process.

                                   Rodney Davis,
                                           Ranking Member.

                                  [all]