[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1171 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 1171

   To amend the Federal Election Campaign Act of 1971 to require the 
sponsors of certain general public political advertisements to include 
   in the advertisements information on the persons who provided the 
        funding for such advertisements, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 18, 2021

 Mr. Price of North Carolina introduced the following bill; which was 
           referred to the Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
   To amend the Federal Election Campaign Act of 1971 to require the 
sponsors of certain general public political advertisements to include 
   in the advertisements information on the persons who provided the 
        funding for such advertisements, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

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

SEC. 2. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE COMMUNICATIONS.

    (a) Application to Online Public Communications.--
            (1) In general.--Subsection (a) of section 318 of the 
        Federal Election Campaign Act of 1971 (52 U.S.C. 30120) is 
        amended--
                    (A) 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
                    (B) 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''.
            (2) Conforming amendment relating to definition of public 
        communication.--Paragraph (22) of section 301 of such Act (52 
        U.S.C. 30101(22)) is amended by striking ``or satellite 
        communication'' and inserting ``satellite, paid internet, or 
        paid digital communication''.
    (b) Clear and Conspicuous Manner Requirement.--Subsection (a) of 
section 318 of such Act (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.''.
    (c) 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 qualified internet or digital communication 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 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).
            ``(3) Qualified internet or digital communication 
        defined.--
                    ``(A) In general.--In this section, the term 
                `qualified internet or digital communication' means any 
                communication to which this section applies which is 
                placed or promoted for a fee on an online platform.
                    ``(B) Online platform.--For purposes of this 
                paragraph, the term `online platform' means any public-
                facing website, web application, or digital application 
                (including a social network, ad network, or search 
                engine) which--
                            ``(i) sells qualified political 
                        advertisements; and
                            ``(ii) has 50,000,000 or more unique 
                        monthly United States visitors or users for a 
                        majority of months during the preceding 12 
                        months.
                    ``(C) Qualified political advertisement.--For 
                purposes of this paragraph, the term `qualified 
                political advertisement' means any advertisement 
                (including search engine marketing, display 
                advertisements, video advertisements, native 
                advertisements, and sponsorships) that--
                            ``(i) is made by or on behalf of a 
                        candidate; or
                            ``(ii) 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.''.
            (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 318(e)(3) of the Federal 
        Election Campaign Act of 1971, as added by paragraph (1)).
    (d) 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. 3. DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS CONSISTING OF 
              CAMPAIGN-RELATED DISBURSEMENTS.

    (a) Disclaimer Requirements for Campaign-Related Disbursements.--
            (1) In general.--Section 318(a) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30120(a)) is amended by 
        striking ``for the purpose of financing communications 
        expressly advocating the election or defeat of a clearly 
        identified candidate'' and inserting ``for a campaign-related 
        disbursement, as defined in subsection (f), consisting of a 
        public communication''.
            (2) Clarification of exemption from inclusion of candidate 
        disclaimer statement in federal judicial nomination 
        communications.--Section 318(a)(3) of such Act (52 U.S.C. 
        30120(a)(3)) is amended by striking ``shall state'' and 
        inserting ``shall (except in the case of a Federal judicial 
        nomination communication, as defined in subsection (f)(4)) 
        state''.
    (b) Campaign-Related Disbursements Defined.--Section 318 of such 
Act (52 U.S.C. 30120), as amended by section 2(c)(1), is further 
amended by adding at the end the following new subsection:
    ``(f) Campaign-Related Disbursement Defined.--
            ``(1) Definition.--
                    ``(A) In general.--In this section, the term 
                `campaign-related disbursement' means a disbursement by 
                a covered organization for any of the following:
                            ``(i) An independent expenditure which 
                        expressly advocates the election or defeat of a 
                        clearly identified candidate for election for 
                        Federal office, or is the functional equivalent 
                        of express advocacy because, when taken as a 
                        whole, it can be interpreted by a reasonable 
                        person only as advocating the election or 
                        defeat of a candidate for election for Federal 
                        office.
                            ``(ii) Any public communication which 
                        refers to a clearly identified candidate for 
                        election for Federal office and which promotes 
                        or supports the election of a candidate for 
                        that office, or attacks or opposes the election 
                        of a candidate for that office, without regard 
                        to whether the communication expressly 
                        advocates a vote for or against a candidate for 
                        that office.
                            ``(iii) An electioneering communication, as 
                        defined in section 304(f)(3).
                            ``(iv) A Federal judicial nomination 
                        communication.
                            ``(v) A covered transfer.
                    ``(B) Intent not required.--A disbursement for an 
                item described in clause (i), (ii), (iii), (iv), or (v) 
                of subparagraph (A) shall be treated as a campaign-
                related disbursement regardless of the intent of the 
                person making the disbursement.
            ``(2) Covered organization defined.--In this subsection, 
        the term `covered organization' means any of the following:
                    ``(A) A corporation (other than an organization 
                described in section 501(c)(3) of the Internal Revenue 
                Code of 1986).
                    ``(B) A limited liability corporation that is not 
                otherwise treated as a corporation for purposes of this 
                Act (other than an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986).
                    ``(C) An organization described in section 501(c) 
                of such Code and exempt from taxation under section 
                501(a) of such Code (other than an organization 
                described in section 501(c)(3) of such Code).
                    ``(D) A labor organization (as defined in section 
                316(b)).
                    ``(E) Any political organization under section 527 
                of the Internal Revenue Code of 1986, other than a 
                political committee under this Act (except as provided 
                in paragraph (6)).
                    ``(F) A political committee with an account that 
                accepts donations or contributions that do not comply 
                with the contribution limits or source prohibitions 
                under this Act, but only with respect to such accounts.
            ``(3) Covered transfer defined.--
                    ``(A) In general.--In this subsection, the term 
                `covered transfer' means any transfer or payment of 
                funds by a covered organization to another person if 
                the covered organization--
                            ``(i) designates, requests, or suggests 
                        that the amounts be used for--
                                    ``(I) campaign-related 
                                disbursements (other than covered 
                                transfers); or
                                    ``(II) making a transfer to another 
                                person for the purpose of making or 
                                paying for such campaign-related 
                                disbursements;
                            ``(ii) made such transfer or payment in 
                        response to a solicitation or other request for 
                        a donation or payment for--
                                    ``(I) the making of or paying for 
                                campaign-related disbursements (other 
                                than covered transfers); or
                                    ``(II) making a transfer to another 
                                person for the purpose of making or 
                                paying for such campaign-related 
                                disbursements;
                            ``(iii) engaged in discussions with the 
                        recipient of the transfer or payment 
                        regarding--
                                    ``(I) the making of or paying for 
                                campaign-related disbursements (other 
                                than covered transfers); or
                                    ``(II) donating or transferring any 
                                amount of such transfer or payment to 
                                another person for the purpose of 
                                making or paying for such campaign-
                                related disbursements;
                            ``(iv) made campaign-related disbursements 
                        (other than a covered transfer) in an aggregate 
                        amount of $50,000 or more during the 2-year 
                        period ending on the date of the transfer or 
                        payment, or knew or had reason to know that the 
                        person receiving the transfer or payment made 
                        such disbursements in such an aggregate amount 
                        during that 2-year period; or
                            ``(v) knew or had reason to know that the 
                        person receiving the transfer or payment would 
                        make campaign-related disbursements in an 
                        aggregate amount of $50,000 or more during the 
                        2-year period beginning on the date of the 
                        transfer or payment.
                    ``(B) Exclusions.--The term `covered transfer' does 
                not include any of the following:
                            ``(i) A disbursement made by a covered 
                        organization in a commercial transaction in the 
                        ordinary course of any trade or business 
                        conducted by the covered organization or in the 
                        form of investments made by the covered 
                        organization.
                            ``(ii) A disbursement made by a covered 
                        organization if--
                                    ``(I) the covered organization 
                                prohibited, in writing, the use of such 
                                disbursement for campaign-related 
                                disbursements; and
                                    ``(II) the recipient of the 
                                disbursement agreed to follow the 
                                prohibition and deposited the 
                                disbursement in an account which is 
                                segregated from any account used to 
                                make campaign-related disbursements.
                    ``(C) Special rule regarding transfers among 
                affiliates.--
                            ``(i) Special rule.--A transfer of an 
                        amount by one covered organization to another 
                        covered organization which is treated as a 
                        transfer between affiliates under subparagraph 
                        (C) shall be considered a covered transfer by 
                        the covered organization which transfers the 
                        amount only if the aggregate amount transferred 
                        during the year by such covered organization to 
                        that same covered organization is equal to or 
                        greater than $50,000.
                            ``(ii) Determination of amount of certain 
                        payments among affiliates.--In determining the 
                        amount of a transfer between affiliates for 
                        purposes of subparagraph (A), to the extent 
                        that the transfer consists of funds 
                        attributable to dues, fees, or assessments 
                        which are paid by individuals on a regular, 
                        periodic basis in accordance with a per-
                        individual calculation which is made on a 
                        regular basis, the transfer shall be attributed 
                        to the individuals paying the dues, fees, or 
                        assessments and shall not be attributed to the 
                        covered organization.
                            ``(iii) Description of transfers between 
                        affiliates.--A transfer of amounts from one 
                        covered organization to another covered 
                        organization shall be treated as a transfer 
                        between affiliates if--
                                    ``(I) one of the organizations is 
                                an affiliate of the other organization; 
                                or
                                    ``(II) each of the organizations is 
                                an affiliate of the same organization,
                        except that the transfer shall not be treated 
                        as a transfer between affiliates if one of the 
                        organizations is established for the purpose of 
                        making campaign-related disbursements.
                            ``(iv) Determination of affiliate status.--
                        For purposes of subparagraph (C), a covered 
                        organization is an affiliate of another covered 
                        organization if--
                                    ``(I) the governing instrument of 
                                the organization requires it to be 
                                bound by decisions of the other 
                                organization;
                                    ``(II) the governing board of the 
                                organization includes persons who are 
                                specifically designated representatives 
                                of the other organization or are 
                                members of the governing board, 
                                officers, or paid executive staff 
                                members of the other organization, or 
                                whose service on the governing board is 
                                contingent upon the approval of the 
                                other organization; or
                                    ``(III) the organization is 
                                chartered by the other organization.
                            ``(v) Coverage of transfers to affiliated 
                        section 501(c)(3) organizations.--This 
                        paragraph shall apply with respect to an amount 
                        transferred by a covered organization to an 
                        organization described in paragraph (3) of 
                        section 501(c) of the Internal Revenue Code of 
                        1986 and exempt from tax under section 501(a) 
                        of such Code in the same manner as this 
                        paragraph applies to an amount transferred by a 
                        covered organization to another covered 
                        organization.
            ``(4) Federal judicial nomination communication.--
                    ``(A) In general.--The term `Federal judicial 
                nomination communication' means any communication--
                            ``(i) that is by means of any paid 
                        broadcast, cable, or satellite, paid internet, 
                        or paid digital communication, paid promotion, 
                        newspaper, magazine, outdoor advertising 
                        facility, mass mailing, telephone bank, 
                        telephone messaging effort of more than 500 
                        substantially similar calls or electronic 
                        messages within a 30-day period, or any other 
                        form of general public political advertising; 
                        and
                            ``(ii) that is susceptible to no reasonable 
                        interpretation other than promoting, 
                        supporting, attacking, or opposing the 
                        nomination or Senate confirmation of an 
                        individual as a Federal judge or justice.
                    ``(B) Exception.--Such term shall not include any 
                news story, commentary, or editorial distributed 
                through the facilities of any broadcasting station or 
                any print, online, or digital newspaper, magazine, 
                publication, or periodical, unless such facilities are 
                owned or controlled by any political party, political 
                committee, or candidate.''.

SEC. 4. STAND BY EVERY AD.

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

SEC. 5. DISCLAIMER REQUIREMENTS FOR COMMUNICATIONS MADE THROUGH 
              PRERECORDED TELEPHONE CALLS.

    (a) Application of Requirements.--
            (1) In general.--Section 318(a) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30120(a)), as amended by 
        section 2(a)(1), is further amended by striking ``public 
        communication'' each place it appears and inserting the 
        following: ``public communication (including a telephone call 
        consisting in substantial part of a prerecorded audio 
        message)''
            (2) Application to communications subject to expanded 
        disclaimer requirements.--Section 318(g)(1) of such Act (52 
        U.S.C. 30120(e)(1)), as added by section 4(a), is amended in 
        the matter preceding subparagraph (A) by striking ``which is 
        transmitted in an audio or video format'' and inserting ``which 
        is transmitted in an audio or video format or which consists of 
        a telephone call consisting in substantial part of a 
        prerecorded audio message''.
    (b) Treatment as Communication Transmitted in Audio Format.--
            (1) Communications by candidates or authorized persons.--
        Section 318(d) of such Act (52 U.S.C. 30120(d)) is amended by 
        adding at the end the following new paragraph:
            ``(3) Prerecorded telephone calls.--Any communication 
        described in paragraph (1), (2), or (3) of subsection (a) 
        (other than a communication which is subject to subsection (e)) 
        which is a telephone call consisting in substantial part of a 
        prerecorded audio message shall include, in addition to the 
        requirements of such paragraph, the audio statement required 
        under subparagraph (A) of paragraph (1) or the audio statement 
        required under paragraph (2) (whichever is applicable), except 
        that the statement shall be made at the beginning of the 
        telephone call.''.
            (2) Communications subject to expanded disclaimer 
        requirements.--Section 318(g)(3) of such Act (52 U.S.C. 
        30120(e)(3)), as added by section 4(a), is amended by adding at 
        the end the following new subparagraph:
                    ``(D) Prerecorded telephone calls.--In the case of 
                a communication to which this subsection applies which 
                is a telephone call consisting in substantial part of a 
                prerecorded audio message, the communication shall be 
                considered to be transmitted in an audio format.''.

SEC. 6. NO EXPANSION OF PERSONS SUBJECT TO DISCLAIMER REQUIREMENTS ON 
              INTERNET COMMUNICATIONS.

    Nothing in this Act or the amendments made by this Act may be 
construed to require any person who is not required under section 318 
of the Federal Election Campaign Act of 1971 (as provided under section 
110.11 of title 11 of the Code of Federal Regulations) to include a 
disclaimer on communications made by the person through the internet to 
include any disclaimer on any such communications.

SEC. 7. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to 
communications made on or after January 1, 2022, and shall take effect 
without regard to whether or not the Federal Election Commission has 
promulgated regulations to carry out such amendments.
                                 <all>