[Congressional Record Volume 172, Number 48 (Tuesday, March 17, 2026)]
[Senate]
[Pages S1103-S1108]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4409. Mr. WHITEHOUSE submitted an amendment intended to be
proposed by him to the bill S. 1383, to establish the Veterans Advisory
Committee on Equal Access, and for other purposes; which was ordered to
lie on the table; 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 ``Democracy
Is Strengthened by Casting Light On Spending in Elections Act
of 2026'' or the ``DISCLOSE Act of 2026''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN
ELECTIONS
Sec. 101. Clarification of application of foreign money ban to certain
disbursements and activities.
Sec. 102. Study and report on illicit foreign money in Federal
elections.
Sec. 103. Prohibition on contributions and donations by foreign
nationals in connection with ballot initiatives and
referenda.
Sec. 104. Disbursements and activities subject to foreign money ban.
Sec. 105. Prohibiting establishment of corporation to conceal election
contributions and donations by foreign nationals.
TITLE II--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
Sec. 201. Reporting of campaign-related disbursements.
Sec. 202. Reporting of Federal judicial nomination disbursements.
Sec. 203. Coordination with FinCEN.
Sec. 204. Application of foreign money ban to disbursements for
campaign-related disbursements consisting of covered
transfers.
Sec. 205. Sense of Congress regarding implementation.
Sec. 206. Effective date.
TITLE III--OTHER ADMINISTRATIVE REFORMS
Sec. 301. Petition for certiorari.
Sec. 302. Judicial review of actions related to campaign finance laws.
Sec. 303. Effective date.
TITLE IV--STAND BY EVERY AD
Sec. 401. Short title.
Sec. 402. Stand by every ad.
Sec. 403. Disclaimer requirements for communications made through
prerecorded telephone calls.
Sec. 404. No expansion of persons subject to disclaimer requirements on
internet communications.
Sec. 405. Effective date.
TITLE V--SEVERABILITY
Sec. 501. Severability.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Campaign finance disclosure is a narrowly tailored and
minimally restrictive means to advance substantial government
interests, including fostering an informed electorate capable
of engaging in self-government and holding their elected
officials accountable, detecting and deterring quid pro quo
corruption, and identifying information necessary to enforce
other campaign finance laws, including campaign contribution
limits and the prohibition on foreign money in U.S.
campaigns. To further these substantial interests, campaign
finance disclosure must be timely and complete, and must
disclose the true and original source of money given,
transferred, and spent to influence Federal elections.
Current law does not meet this objective because corporations
and other entities that the Supreme Court has permitted to
spend money to influence Federal elections are subject to few
if any transparency requirements.
(2) As the Supreme Court recognized in its per curiam
opinion in Buckley v. Valeo, 424 U.S. 1, (1976), ``disclosure
requirements certainly in most applications appear to be the
least restrictive means of curbing the evils of campaign
ignorance and corruption that Congress found to exist.''
Buckley, 424 U.S. at 68. In Citizens United v. FEC, the Court
reiterated that ``disclosure is a less restrictive
alternative to more comprehensive regulations of speech.''
558 U.S. 310, 369 (2010).
(3) No subsequent decision has called these holdings into
question, including the Court's decision in Americans for
Prosperity Foundation v. Bonta, 141 S. Ct. 2373 (2021). That
case did not involve campaign finance disclosure, and the
Court did not overturn its longstanding recognition of the
substantial interests furthered by such disclosure.
(4) Campaign finance disclosure is also essential to
enforce the Federal Election Campaign Act's prohibition on
contributions by and solicitations of foreign nationals. See
section 319 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121).
(5) Congress should close loopholes allowing spending by
foreign nationals in domestic elections. For example, in
2021, the Federal Election Commission, the independent
Federal agency charged with protecting the integrity of the
Federal campaign finance process, found reason to believe and
conciliated a matter where an experienced political
consultant knowingly and willfully violated Federal law by
soliciting a contribution from a foreign national by offering
to transmit a $2,000,000 contribution to a super PAC through
his company and two 501(c)(4) organizations, to conceal the
origin of the funds. This scheme was only unveiled after
appearing in a The Telegraph UK article and video capturing
the solicitation. See Conciliation Agreement, MURs 7165 &
7196 (Great America PAC, et al.), date June 28, 2021; Factual
and Legal Analysis, MURs 7165 & 7196 (Jesse Benton), dated
Mar. 2, 2021.
TITLE I--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN
ELECTIONS
SEC. 101. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN
TO CERTAIN DISBURSEMENTS AND ACTIVITIES.
Section 319(b) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30121(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving such
subparagraphs 2 ems to the right;
(2) by striking ``As used in this section, the term'' and
inserting the following: ``Definitions.--For purposes of this
section--
``(1) Foreign national.--The term''; and
(3) by adding at the end the following new paragraph:
``(2) Contribution and donation.--For purposes of
paragraphs (1) and (2) of subsection (a), the term
`contribution or donation' includes any disbursement to a
political committee which accepts donations or contributions
that do not comply with any of the limitations, prohibitions,
and reporting requirements of this Act (or any disbursement
to or on behalf of any account of a political committee which
is established for the purpose of accepting such donations or
contributions), or to any other person for the purpose of
funding an expenditure, independent expenditure, or
electioneering communication (as defined in section
304(f)(3)).''.
SEC. 102. STUDY AND REPORT ON ILLICIT FOREIGN MONEY IN
FEDERAL ELECTIONS.
(a) Study.--For each 4-year election cycle (beginning with
the 4-year election cycle ending in 2024), the Comptroller
General shall conduct a study on the incidence of illicit
foreign money in all elections for Federal office held during
the preceding 4-year election cycle, including what
information is known about the presence of such money in
elections for Federal office.
(b) Report.--
(1) In general.--Not later than the applicable date with
respect to any 4-year election cycle, the Comptroller General
shall submit to the appropriate congressional committees a
report on the study conducted under subsection (a).
(2) Matters included.--The report submitted under paragraph
(1) shall include a description of the extent to which
illicit foreign money was used to target particular groups,
including rural communities, African-American and other
minority communities, and military and veteran communities,
based on such targeting information as is available and
accessible to the Comptroller General.
(3) Applicable date.--For purposes of paragraph (1), the
term ``applicable date'' means--
[[Page S1104]]
(A) in the case of the 4-year election cycle ending in
2024, the date that is 1 year after the date of the enactment
of this Act; and
(B) in the case of any other 4-year election cycle, the
date that is 1 year after the date on which such 4-year
election cycle ends.
(c) Definitions.--As used in this section:
(1) 4-year election cycle.--The term ``4-year election
cycle'' means the 4-year period ending on the date of the
general election for the offices of President and Vice
President.
(2) Illicit foreign money.--The term ``illicit foreign
money'' means any contribution, donation, expenditure, or
disbursement by a foreign national (as defined in section
319(b) of the Federal Election Campaign Act of 1971 (52
U.S.C.30121(b))) prohibited under such section.
(3) Election; federal office.--The terms ``election'' and
``Federal office'' have the meanings given such terms under
section 301 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30101).
(4) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on House Administration of the House of
Representatives;
(B) the Committee on Rules and Administration of the
Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on the Judiciary of the Senate.
(d) Sunset.--This section shall not apply to any 4-year
election cycle beginning after the election for the offices
of President and Vice President in 2036.
SEC. 103. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY
FOREIGN NATIONALS IN CONNECTION WITH BALLOT
INITIATIVES AND REFERENDA.
(a) In General.--Section 319(b) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(b)), as amended by
section 101, is amended by adding at the end the following
new paragraphs:
``(3) Federal, state, or local election.--The term
`Federal, State, or local election' includes a State or local
ballot initiative or referendum, but only in the case of--
``(A) a covered foreign national as defined in paragraph
(4); or
``(B) a foreign principal described in section 1(b)(2) or
1(b)(3) of the Foreign Agent Registration Act of 1938, as
amended (22 U.S.C. 611(b)(2), (b)(3)) or an agent of such a
foreign principal under such Act.
``(4) Covered foreign national.--
``(A) In general.--The term `covered foreign national'
means--
``(i) a foreign principal (as defined in section 1(b) of
the Foreign Agents Registration Act of 1938 (22 U.S.C.
611(b)) that is a government of a foreign country or a
foreign political party;
``(ii) any person who acts as an agent, representative,
employee, or servant, or any person who acts in any other
capacity at the order, request, or under the direction or
control, of a foreign principal described in clause (i) or of
a person any of whose activities are directly or indirectly
supervised, directed, controlled, financed, or subsidized in
whole or in major part by a foreign principal described in
clause (i); or
``(iii) any person included in the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury pursuant to authorities relating to the imposition
of sanctions relating to the conduct of a foreign principal
described in clause (i).
``(B) Clarification regarding application to citizens of
the united states.--In the case of a citizen of the United
States, clause (ii) of subparagraph (A) applies only to the
extent that the person involved acts within the scope of that
person's status as the agent of a foreign principal described
in clause (i) of subparagraph (A).''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to elections held in 2026 or any
succeeding year.
SEC. 104. DISBURSEMENTS AND ACTIVITIES SUBJECT TO FOREIGN
MONEY BAN.
(a) Disbursements Described.--Section 319(a)(1) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1))
is amended--
(1) by striking ``or'' at the end of subparagraph (B); and
(2) by striking subparagraph (C) and inserting the
following:
``(C) an expenditure;
``(D) an independent expenditure;
``(E) a disbursement for an electioneering communication
(within the meaning of section 304(f)(3));
``(F) a disbursement for a communication which is placed or
promoted for a fee on a website, web application, or digital
application that refers to a clearly identified candidate for
election for Federal office and is disseminated within 60
days before a general, special or runoff election for the
office sought by the candidate or 30 days before a primary or
preference election, or a convention or caucus of a political
party that has authority to nominate a candidate for the
office sought by the candidate;
``(G) a disbursement by a covered foreign national (as
defined in subsection (b)(4)) for a broadcast, cable or
satellite communication, or for a communication which is
placed or promoted for a fee on a website, web application,
or digital application, that promotes, supports, attacks, or
opposes the election of a clearly identified candidate for
Federal, State, or local office (regardless of whether the
communication contains express advocacy or the functional
equivalent of express advocacy);
``(H) a disbursement for a broadcast, cable, or satellite
communication, or for any communication which is placed or
promoted for a fee on an online platform (as defined in
subsection (b)(5)), that discusses a national legislative
issue of public importance in a year in which a regularly
scheduled general election for Federal office is held, but
only if the disbursement is made by a covered foreign
national (as defined in subsection (b)(4));
``(I) a disbursement by a covered foreign national (as
defined in subsection (b)(4)) to compensate any person for
internet activity that promotes, supports, attacks or opposes
the election of a clearly identified candidate for Federal,
State, or local office (regardless of whether the activity
contains express advocacy or the functional equivalent of
express advocacy); or
``(J) a disbursement by a covered foreign national (as
defined in subsection (b)(4)) for a Federal judicial
nomination communication (as defined in section
324(g)(2));''.
(b) Definition of Online Platform.--Section 319(b) of such
Act (52 U.S.C. 30121(b)), as amended by sections 101 and 103,
is amended by adding at the end the following new paragraph:
``(5) Online platform.--
``(A) In general.--For purposes of this section, subject to
subparagraph (B), the term `online platform' means any
public-facing website, web application, or digital
application (including a social network, ad network, or
search engine) which--
``(i)(I) sells qualified political advertisements; and
``(II) has 50,000,000 or more unique monthly United States
visitors or users for a majority of months during the
preceding 12 months; or
``(ii) is a third-party advertising vendor that has
50,000,000 or more unique monthly United States visitors in
the aggregate on any advertisement space that it has sold or
bought for a majority of months during the preceding 12
months, as measured by an independent digital ratings service
accredited by the Media Ratings Council (or its successor).
``(B) Exemption.--Such term shall not include any online
platform that is a distribution facility of any broadcasting
station or newspaper, magazine, blog, publication, or
periodical.
``(C) Third-party advertising vendor defined.--For purposes
of this subsection, the term `third-party advertising vendor'
includes, but is not limited to, any third-party advertising
vendor network, advertising agency, advertiser, or third-
party advertisement serving company that buys and sells
advertisement space on behalf of unaffiliated third-party
websites, search engines, digital applications, or social
media sites.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to disbursements made on or after
the date of the enactment of this Act.
SEC. 105. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL
ELECTION CONTRIBUTIONS AND DONATIONS BY FOREIGN
NATIONALS.
(a) Prohibition.--Chapter 29 of title 18, United States
Code is amended by adding at the end the following:
``Sec. 612. Establishment of corporation to conceal election
contributions and donations by foreign nationals
``(a) Offense.--It shall be unlawful for an owner, officer,
attorney, or incorporation agent of a corporation, company,
or other entity to establish or use the corporation, company,
or other entity with the intent to conceal an activity of a
foreign national (as defined in section 319 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited
under such section 319.
``(b) Penalty.--Any person who violates subsection (a)
shall be imprisoned for not more than 5 years, fined under
this title, or both.''.
(b) Table of Sections.--The table of sections for chapter
29 of title 18, United States Code is amended by adding at
the end the following new item:
``612. Establishment of corporation to conceal election contributions
and donations by foreign nationals.''.
TITLE II--REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS
SEC. 201. REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS.
(a) In General.--Section 324 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30126) is amended to read as
follows:
``SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSEMENTS BY
COVERED ORGANIZATIONS.
``(a) Disclosure Statement.--
``(1) In general.--Any covered organization that makes
campaign-related disbursements aggregating more than $10,000
in an election reporting cycle shall, not later than 24 hours
after each disclosure date, file a statement with the
Commission made under penalty of perjury that contains the
information described in paragraph (2)--
``(A) in the case of the first statement filed under this
subsection, for the period beginning on the first day of the
election reporting cycle (or, if earlier, the period
beginning one year before the first such disclosure date) and
ending on the first such disclosure date; and
``(B) in the case of any subsequent statement filed under
this subsection, for the period beginning on the previous
disclosure date and ending on such disclosure date.
[[Page S1105]]
``(2) Information described.--The information described in
this paragraph is as follows:
``(A) The name of the covered organization and the
principal place of business of such organization and, in the
case of a covered organization that is a corporation (other
than a business concern that is an issuer of a class of
securities registered under section 12 of the Securities
Exchange Act of 1934 (15 U.S.C. 78l) or that is required to
file reports under section 15(d) of that Act (15 U.S.C.
78o(d))) or an entity described in subsection (e)(2), a list
of the beneficial owners (as defined in paragraph (4)(A)) of
the entity that--
``(i) identifies each beneficial owner by name and current
residential or business street address; and
``(ii) if any beneficial owner exercises control over the
entity through another legal entity, such as a corporation,
partnership, limited liability company, or trust, identifies
each such other legal entity and each such beneficial owner
who will use that other entity to exercise control over the
entity.
``(B) The amount of each campaign-related disbursement made
by such organization during the period covered by the
statement of more than $1,000, and the name and address of
the person to whom the disbursement was made.
``(C) In the case of a campaign-related disbursement that
is not a covered transfer, the election to which the
campaign-related disbursement pertains and if the
disbursement is made for a public communication, the name of
any candidate identified in such communication and if such
communication is in support of or in opposition to the
identified candidate.
``(D) A certification by the chief executive officer or
person who is the head of the covered organization that the
campaign-related disbursement is not made in cooperation,
consultation, or concert with or at the request or suggestion
of a candidate, authorized committee, or agent of a
candidate, political party, or agent of a political party.
``(E)(i) If the covered organization makes campaign-related
disbursements using exclusively funds in a campaign-related
disbursement segregated fund, for each payment made to the
account by a person other than the covered organization--
``(I) the name and address of each person who made such
payment to the account during the period covered by the
statement;
``(II) the date and amount of such payment; and
``(III) the aggregate amount of all such payments made by
the person during the period beginning on the first day of
the election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date,
but only if such payment was made by a person who made
payments to the account in an aggregate amount of $10,000 or
more during the period beginning on the first day of the
election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date.
``(ii) In any calendar year after 2027, section
315(c)(1)(B) shall apply to the amount described in clause
(i) in the same manner as such section applies to the
limitations established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section, except that for
purposes of applying such section to the amounts described in
subsection (b), the `base period' shall be calendar year
2027.
``(F)(i) If the covered organization makes campaign-related
disbursements using funds other than funds in a campaign-
related disbursement segregated fund, for each payment to the
covered organization--
``(I) the name and address of each person who made such
payment during the period covered by the statement;
``(II) the date and amount of such payment; and
``(III) the aggregate amount of all such payments made by
the person during the period beginning on the first day of
the election reporting cycle (or, if earlier, the period
beginning one year before the disclosure date) and ending on
the disclosure date,
but only if such payment was made by a person who made
payments to the covered organization in an aggregate amount
of $10,000 or more during the period beginning on the first
day of the election reporting cycle (or, if earlier, the
period beginning one year before the disclosure date) and
ending on the disclosure date.
``(ii) In any calendar year after 2027, section
315(c)(1)(B) shall apply to the amount described in clause
(i) in the same manner as such section applies to the
limitations established under subsections (a)(1)(A),
(a)(1)(B), (a)(3), and (h) of such section, except that for
purposes of applying such section to the amounts described in
subsection (b), the `base period' shall be calendar year
2027.
``(G) Such other information as required in rules
established by the Commission to promote the purposes of this
section.
``(3) Exceptions.--
``(A) Amounts received in ordinary course of business.--The
requirement to include in a statement filed under paragraph
(1) the information described in paragraph (2) shall not
apply to amounts received by the covered organization in
commercial transactions in the ordinary course of any trade
or business conducted by the covered organization or in the
form of investments (other than investments by the principal
shareholder in a limited liability corporation) in the
covered organization. For purposes of this subparagraph,
amounts received by a covered organization as remittances
from an employee to the employee's collective bargaining
representative shall be treated as amounts received in
commercial transactions in the ordinary course of the
business conducted by the covered organization.
``(B) Donor restriction on use of funds.--The requirement
to include in a statement submitted under paragraph (1) the
information described in subparagraph (F) of paragraph (2)
shall not apply if--
``(i) the person described in such subparagraph prohibited,
in writing, the use of the payment made by such person for
campaign-related disbursements; and
``(ii) the covered organization followed the prohibition
and deposited the payment in an account which is segregated
from a campaign-related disbursement segregated fund and any
other account used to make campaign-related disbursements.
``(C) Threat of harassment or reprisal.--The requirement to
include any information relating to the name or address of
any person (other than a candidate) in a statement submitted
under paragraph (1) shall not apply to any person or persons
who provide specific and particular evidence establishing
that the inclusion of such information would subject that
person or persons to serious threats, harassment, or
reprisals. For purposes of the preceding sentence, the terms
`threats', `harassment', and `reprisals' do not include
social ostracism, negative commentary, or criticism.
``(4) Other definitions.--For purposes of this section:
``(A) Beneficial owner defined.--
``(i) In general.--Except as provided in clause (ii), the
term `beneficial owner' means, with respect to any entity, a
natural person who, directly or indirectly--
``(I) exercises substantial control over an entity through
ownership, voting rights, agreement, or otherwise; or
``(II) has a substantial interest in, or receives
substantial economic benefits from, the assets of an entity.
``(ii) Exceptions.--The term `beneficial owner' shall not
include--
``(I) a minor child;
``(II) a person acting as a nominee, intermediary,
custodian, or agent on behalf of another person;
``(III) a person acting solely as an employee of an entity
and whose control over, or economic benefits from, the entity
derives solely from the employment status of the person;
``(IV) a person whose only interest in an entity is through
a right of inheritance, unless the person also meets the
requirements of clause (i); or
``(V) a creditor of an entity, unless the creditor also
meets the requirements of clause (i).
``(iii) Anti-abuse rule.--The exceptions under clause (ii)
shall not apply if used for the purpose of evading,
circumventing, or abusing the provisions of clause (i) or
paragraph (2)(A).
``(B) Campaign-related disbursement segregated fund.--The
term `campaign-related disbursement segregated fund' means a
segregated bank account consisting of funds that were paid
directly to such account by persons other than the covered
organization that controls the account.
``(C) Disclosure date.--The term `disclosure date' means--
``(i) the first date during any election reporting cycle by
which a person has made campaign-related disbursements
aggregating more than $10,000; and
``(ii) any other date during such election reporting cycle
by which a person has made campaign-related disbursements
aggregating more than $10,000 since the most recent
disclosure date for such election reporting cycle.
``(D) Election reporting cycle.--The term `election
reporting cycle' means the 2-year period beginning on the
date of the most recent general election for Federal office.
``(E) Payment.--The term `payment' includes any
contribution, donation, transfer, payment of dues, or other
payment.
``(b) Coordination With Other Provisions.--
``(1) Other reports filed with the commission.--Information
included in a statement filed under this section may be
excluded from statements and reports filed under section 304.
``(2) Treatment as separate segregated fund.--A campaign-
related disbursement segregated fund may be treated as a
separate segregated fund for purposes of section 527(f)(3) of
the Internal Revenue Code of 1986.
``(c) Filing.--Statements required to be filed under
subsection (a) shall be subject to the requirements of
section 304(d) to the same extent and in the same manner as
if such reports had been required under subsection (c) or (g)
of section 304.
``(d) Campaign-Related Disbursement Defined.--
``(1) In general.--In this section, the term `campaign-
related disbursement' means a disbursement by a covered
organization for any of the following:
``(A) An independent expenditure which expressly advocates
the election or defeat of a clearly identified candidate for
election for Federal office, or is the functional equivalent
of express advocacy because, when taken as a whole, it can be
interpreted by a reasonable person only as advocating the
[[Page S1106]]
election or defeat of a candidate for election for Federal
office.
``(B) An applicable public communication.
``(C) An electioneering communication, as defined in
section 304(f)(3).
``(D) A covered transfer.
``(2) Applicable public communications.--
``(A) In general.--The term `applicable public
communication' means any public communication, including any
communication that is produced for a fee or is placed or
promoted for a fee on a website or digital device,
application, service, or platform, that refers to a clearly
identified candidate for election for Federal office and
which promotes or supports the election of a candidate for
that office, or attacks or opposes the election of a
candidate for that office, without regard to whether the
communication expressly advocates a vote for or against a
candidate for that office.
``(B) Exception.--Such term shall not include any news
story, commentary, or editorial distributed through the
facilities of any broadcasting station or any print, online,
or digital newspaper, magazine, publication, or periodical,
unless such facilities are owned or controlled by any
political party, political committee, or candidate.
``(e) Covered Organization Defined.--In this section, the
term `covered organization' means any of the following:
``(1) A corporation (other than an organization described
in section 501(c)(3) of the Internal Revenue Code of 1986).
``(2) A limited liability corporation that is not otherwise
treated as a corporation for purposes of this Act (other than
an organization described in section 501(c)(3) of the
Internal Revenue Code of 1986).
``(3) An organization described in section 501(c) of such
Code and exempt from taxation under section 501(a) of such
Code (other than an organization described in section
501(c)(3) of such Code).
``(4) A labor organization (as defined in section 316(b)).
``(5) Any political organization under section 527 of the
Internal Revenue Code of 1986, other than a political
committee under this Act (except as provided in paragraph
(6)).
``(6) A political committee with an account that accepts
donations or contributions that do not comply with the
contribution limits or source prohibitions under this Act,
but only with respect to such accounts.
``(f) Covered Transfer Defined.--
``(1) In general.--In this section, the term `covered
transfer' means any transfer or payment of funds by a covered
organization to another person if the covered organization--
``(A) designates, requests, or suggests that the amounts be
used for--
``(i) campaign-related disbursements (other than covered
transfers); or
``(ii) making a transfer to another person for the purpose
of making or paying for such campaign-related disbursements;
``(B) made such transfer or payment in response to a
solicitation or other request for a donation or payment for--
``(i) the making of or paying for campaign-related
disbursements (other than covered transfers); or
``(ii) making a transfer to another person for the purpose
of making or paying for such campaign-related disbursements;
``(C) engaged in discussions with the recipient of the
transfer or payment regarding--
``(i) the making of or paying for campaign-related
disbursements (other than covered transfers); or
``(ii) donating or transferring any amount of such transfer
or payment to another person for the purpose of making or
paying for such campaign-related disbursements; or
``(D) knew or had reason to know that the person receiving
the transfer or payment would make campaign-related
disbursements in an aggregate amount of $50,000 or more
during the 2-year period beginning on the date of the
transfer or payment.
``(2) Exclusions.--The term `covered transfer' does not
include any of the following:
``(A) A disbursement made by a covered organization in a
commercial transaction in the ordinary course of any trade or
business conducted by the covered organization or in the form
of investments made by the covered organization.
``(B) A disbursement made by a covered organization if--
``(i) the covered organization prohibited, in writing, the
use of such disbursement for campaign-related disbursements;
and
``(ii) the recipient of the disbursement followed the
prohibition and deposited the disbursement in an account
which is segregated from a campaign-related disbursement
segregated fund and any other account used to make campaign-
related disbursements.
``(3) Special rule regarding transfers among affiliates.--
``(A) Special rule.--A transfer of an amount by one covered
organization to another covered organization which is treated
as a transfer between affiliates under subparagraph (C) shall
be considered a covered transfer by the covered organization
which transfers the amount only if the aggregate amount
transferred during the year by such covered organization to
that same covered organization is equal to or greater than
$50,000.
``(B) Determination of amount of certain payments among
affiliates.--In determining the amount of a transfer between
affiliates for purposes of subparagraph (A), to the extent
that the transfer consists of funds attributable to dues,
fees, or assessments which are paid by individuals on a
regular, periodic basis in accordance with a per-individual
calculation which is made on a regular basis, the transfer
shall be attributed to the individuals paying the dues, fees,
or assessments and shall not be attributed to the covered
organization.
``(C) Description of transfers between affiliates.--A
transfer of amounts from one covered organization to another
covered organization shall be treated as a transfer between
affiliates if--
``(i) one of the organizations is an affiliate of the other
organization; or
``(ii) each of the organizations is an affiliate of the
same organization,
except that the transfer shall not be treated as a transfer
between affiliates if one of the organizations is established
for the purpose of making campaign-related disbursements.
``(D) Determination of affiliate status.--For purposes of
subparagraph (C), a covered organization is an affiliate of
another covered organization if--
``(i) the governing instrument of the organization requires
it to be bound by decisions of the other organization;
``(ii) the governing board of the organization includes
persons who are specifically designated representatives of
the other organization or are members of the governing board,
officers, or paid executive staff members of the other
organization, or whose service on the governing board is
contingent upon the approval of the other organization; or
``(iii) the organization is chartered by the other
organization.
``(E) Coverage of transfers to affiliated section 501(c)(3)
organizations.--This paragraph shall apply with respect to an
amount transferred by a covered organization to an
organization described in paragraph (3) of section 501(c) of
the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code in the same manner as this
paragraph applies to an amount transferred by a covered
organization to another covered organization.
``(g) No Effect on Other Reporting Requirements.--Except as
provided in subsection (b)(1), nothing in this section shall
be construed to waive or otherwise affect any other
requirement of this Act which relates to the reporting of
campaign-related disbursements.''.
(b) Conforming Amendment.--Section 304(f)(6) of such Act
(52 U.S.C. 30104) is amended by striking ``Any requirement''
and inserting ``Except as provided in section 324(b), any
requirement''.
(c) Regulations.--Not later than 6 months after the date of
the enactment of this Act, the Federal Election Commission
shall promulgate regulations relating to the application of
the exemption under section 324(a)(3)(C) of the Federal
Election Campaign Act of 1971 (as added by subsection (a)).
Such regulations--
(1) shall require that the legal burden of establishing
eligibility for such exemption is upon the organization
required to make the report required under section 324(a)(1)
of such Act (as added by subsection (a));
(2) shall require reapplication for such exemption every 4
years;
(3) shall provide that applications for such exemption, and
documents reflecting the Federal Election Commission's
consideration thereof, with appropriate redactions necessary
to protect the personal information of any person or persons
to whom such exemption applies, be published or made
available for public inspection; and
(4) shall be consistent with the principles applied in
Citizens United v. Federal Election Commission, 558 U.S. 310
(2010).
SEC. 202. REPORTING OF FEDERAL JUDICIAL NOMINATION
DISBURSEMENTS.
(a) Findings.--Congress makes the following findings:
(1) A fair and impartial judiciary is critical for our
democracy and crucial to maintain the faith of the people of
the United States in the justice system. As the Supreme Court
held in Caperton v. Massey, ``there is a serious risk of
actual bias--based on objective and reasonable perceptions--
when a person with a personal stake in a particular case had
a significant and disproportionate influence in placing the
judge on the case.'' ( Caperton v. A. T. Massey Coal Co., 556
U.S. 868, 884 (2009)).
(2) Public trust in government is at a historic low.
According to polling, most Americans believe that
corporations have too much power and influence in politics
and the courts.
(3) The prevalence and pervasiveness of dark money drives
public concern about corruption in politics and the courts.
Dark money is funding for organizations and political
activities that cannot be traced to actual donors. It is made
possible by loopholes in our tax laws and regulations, weak
oversight by the Internal Revenue Service, and donor-friendly
court decisions.
(4) Under current law, ``social welfare'' organizations and
business leagues can use funds to influence elections so long
as political activity is not their ``primary'' activity.
Super PACs can accept and spend unlimited contributions from
any non-foreign source. These groups can spend tens of
millions of dollars on political activities. Such dark money
groups spent an estimated $1,050,000,000 in the 2020 election
cycle.
(5) Dark money is used to shape judicial decision-making.
This can take many forms, akin to agency capture: influencing
judicial selection by controlling who gets nominated and
funding candidate advertisements; creating public relations
campaigns aimed at mobilizing the judiciary around particular
[[Page S1107]]
issues; and drafting law review articles, amicus briefs, and
other products which tell judges how to decide a given case
and provide ready-made arguments for willing judges to adopt.
(6) Over the past decade, nonprofit organizations that do
not disclose their donors have spent hundreds of millions of
dollars to influence the nomination and confirmation process
for Federal judges. One organization alone has spent nearly
$40,000,000 on advertisements supporting or opposing Supreme
Court nominees since 2016.
(7) Anonymous money spent on judicial nominations is not
subject to any disclosure requirements. Federal election laws
only regulate contributions and expenditures relating to
electoral politics; thus, expenditures, contributions, and
advocacy efforts for Federal judgeships are not covered under
the Federal Election Campaign Act of 1971. Without more
disclosure, the public has no way of knowing whether the
people spending money supporting or opposing judicial
nominations have business before the courts.
(8) Congress and the American people have a compelling
interest in knowing who is funding these campaigns to select
and confirm judges to lifetime appointments on the Federal
bench.
(b) Reporting.--Section 324 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30126), as amended by section
201, is amended by redesignating subsection (g) as subsection
(h) and by inserting after subsection (f) the following new
subsection:
``(g) Application to Federal Judicial Nominations.--
``(1) In general.--For purposes of this section--
``(A) a disbursement by a covered organization for a
Federal judicial nomination communication shall be treated as
a campaign-related disbursement; and
``(B) in the case of campaign-related disbursements which
are for Federal judicial nomination communications--
``(i) the dollar amounts in paragraphs (1) and (2) of
subsection (a) shall be applied separately with respect to
such disbursements and other campaign-related disbursements;
``(ii) the election reporting cycle shall be the calendar
year in which the disbursement for the Federal judicial
nomination communication is made;
``(iii) references to a candidate in subsections (a)(2)(C),
(a)(2)(D), and (a)(3)(C) shall be treated as references to a
nominee for a Federal judge or justice;
``(iv) the reference to an election in subsection (a)(2)(C)
shall be treated as a reference to the nomination of such
nominee.
``(2) Federal judicial nomination communication.--
``(A) In general.--The term `Federal judicial nomination
communication' means any communication--
``(i) that is by means of any broadcast, cable, or
satellite, paid internet, or paid digital communication, paid
promotion, newspaper, magazine, outdoor advertising facility,
mass mailing, telephone bank, telephone messaging effort of
more than 500 substantially similar calls or electronic
messages within a 30-day period, or any other form of general
public political advertising; and
``(ii) which promotes, supports, attacks, or opposes the
nomination or Senate confirmation of an individual as a
Federal judge or justice.
``(B) Exception.--Such term shall not include any news
story, commentary, or editorial distributed through the
facilities of any broadcasting station or any print, online,
or digital newspaper, magazine, publication, or periodical,
unless such facilities are owned or controlled by any
political party, political committee, or candidate.
``(C) Intent not required.--A disbursement for an item
described in subparagraph (A) shall be treated as a
disbursement for a Federal judicial nomination communication
regardless of the intent of the person making the
disbursement.''.
SEC. 203. COORDINATION WITH FINCEN.
(a) In General.--The Director of the Financial Crimes
Enforcement Network of the Department of the Treasury shall
provide the Federal Election Commission with such information
as necessary to assist in administering and enforcing section
324 of the Federal Election Campaign Act of 1971, as amended
by this title.
(b) Report.--Not later than 6 months after the date of the
enactment of this Act, the Chairman of the Federal Election
Commission, in consultation with the Director of the
Financial Crimes Enforcement Network of the Department of the
Treasury, shall submit to Congress a report with
recommendations for providing further legislative authority
to assist in the administration and enforcement of such
section 324.
SEC. 204. APPLICATION OF FOREIGN MONEY BAN TO DISBURSEMENTS
FOR CAMPAIGN-RELATED DISBURSEMENTS CONSISTING
OF COVERED TRANSFERS.
Section 319(b)(2) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30121(a)(1)(A)), as amended by section 101,
is amended--
(1) by striking ``includes any disbursement'' and inserting
``includes--
``(A) any disbursement'';
(2) by striking the period at the end and inserting ``;
and'', and
(3) by adding at the end the following new subparagraph:
``(B) any disbursement, other than a disbursement described
in section 324(a)(3)(A), to another person who made a
campaign-related disbursement consisting of a covered
transfer (as described in section 324) during the 2-year
period ending on the date of the disbursement.''.
SEC. 205. SENSE OF CONGRESS REGARDING IMPLEMENTATION.
It is the sense of Congress that the Federal Election
Commission should simplify the process for filing any
disclosure required under the provisions of, and amendments
made by, this title in order to ensure that such process is
as easy and accessible as possible.
SEC. 206. EFFECTIVE DATE.
The amendments made by this title shall apply with respect
to disbursements made on or after January 1, 2027, and shall
take effect without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out
such amendments.
TITLE III--OTHER ADMINISTRATIVE REFORMS
SEC. 301. PETITION FOR CERTIORARI.
Section 307(a)(6) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30107(a)(6)) is amended by inserting
``(including a proceeding before the Supreme Court on
certiorari)'' after ``appeal''.
SEC. 302. JUDICIAL REVIEW OF ACTIONS RELATED TO CAMPAIGN
FINANCE LAWS.
(a) In General.--Title IV of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30141 et seq.) is amended by inserting
after section 406 the following new section:
``SEC. 407. JUDICIAL REVIEW.
``(a) In General.--If any action is brought for declaratory
or injunctive relief to challenge, whether facially or as-
applied, the constitutionality or lawfulness of any provision
of this Act, including title V, or of chapter 95 or 96 of the
Internal Revenue Code of 1986, or is brought to with respect
to any action of the Commission under chapter 95 or 96 of the
Internal Revenue Code of 1986, the following rules shall
apply:
``(1) The action shall be filed in the United States
District Court for the District of Columbia and an appeal
from the decision of the district court may be taken to the
Court of Appeals for the District of Columbia Circuit.
``(2) In the case of an action relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision, the party filing the action shall concurrently
deliver a copy of the complaint to the Clerk of the House of
Representatives and the Secretary of the Senate.
``(3) It shall be the duty of the United States District
Court for the District of Columbia and the Court of Appeals
for the District of Columbia Circuit to advance on the docket
and to expedite to the greatest possible extent the
disposition of the action and appeal.
``(b) Clarifying Scope of Jurisdiction.--If an action at
the time of its commencement is not subject to subsection
(a), but an amendment, counterclaim, cross-claim, affirmative
defense, or any other pleading or motion is filed
challenging, whether facially or as-applied, the
constitutionality or lawfulness of this Act or of chapter 95
or 96 of the Internal Revenue Code of 1986, or is brought to
with respect to any action of the Commission under chapter 95
or 96 of the Internal Revenue Code of 1986, the district
court shall transfer the action to the District Court for the
District of Columbia, and the action shall thereafter be
conducted pursuant to subsection (a).
``(c) Intervention by Members of Congress.--In any action
described in subsection (a) relating to declaratory or
injunctive relief to challenge the constitutionality of a
provision, any Member of the House of Representatives
(including a Delegate or Resident Commissioner to the
Congress) or Senate shall have the right to intervene either
in support of or opposition to the position of a party to the
case regarding the constitutionality of the provision. To
avoid duplication of efforts and reduce the burdens placed on
the parties to the action, the court in any such action may
make such orders as it considers necessary, including orders
to require interveners taking similar positions to file joint
papers or to be represented by a single attorney at oral
argument.
``(d) Challenge by Members of Congress.--Any Member of
Congress may bring an action, subject to the special rules
described in subsection (a), for declaratory or injunctive
relief to challenge, whether facially or as-applied, the
constitutionality of any provision of this Act or chapter 95
or 96 of the Internal Revenue Code of 1986.''.
(b) Conforming Amendments.--
(1) Section 9011 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9011. JUDICIAL REVIEW.
``For provisions relating to judicial review of
certifications, determinations, and actions by the Commission
under this chapter, see section 407 of the Federal Election
Campaign Act of 1971.''.
(2) Section 9041 of the Internal Revenue Code of 1986 is
amended to read as follows:
``SEC. 9041. JUDICIAL REVIEW.
``For provisions relating to judicial review of actions by
the Commission under this chapter, see section 407 of the
Federal Election Campaign Act of 1971.''.
(3) Section 310 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30110) is repealed.
(4) Section 403 of the Bipartisan Campaign Reform Act of
2002 (52 U.S.C. 30110 note) is repealed.
[[Page S1108]]
SEC. 303. EFFECTIVE DATE.
The amendments made by this title shall take effect and
apply on the date of the enactment of this Act, without
regard to whether or not the Federal Election Commission has
promulgated regulations to carry out this title and the
amendments made by this title.
TITLE IV--STAND BY EVERY AD
SEC. 401. SHORT TITLE.
This title may be cited as the ``Stand By Every Ad Act''.
SEC. 402. STAND BY EVERY AD.
(a) Expanded Disclaimer Requirements for Certain
Communications.--Section 318 of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30120) is amended by adding at the end
the following new subsection:
``(e) Expanded Disclaimer Requirements for Communications
Not Authorized by Candidates or Committees.--
``(1) In general.--Except as provided in paragraph (6), any
communication described in paragraph (3) of subsection (a)
which is transmitted in an audio or video format (including
an internet or digital communication), or which is an
internet or digital communication transmitted in a text or
graphic format, shall include, in addition to the
requirements of paragraph (3) of subsection (a), the
following:
``(A) The individual disclosure statement described in
paragraph (2)(A) (if the person paying for the communication
is an individual) or the organizational disclosure statement
described in paragraph (2)(B) (if the person paying for the
communication is not an individual).
``(B) If the communication is transmitted in a video
format, or is an internet or digital communication which is
transmitted in a text or graphic format, and is paid for in
whole or in part with a payment which is treated as a
campaign-related disbursement under section 324--
``(i) the Top Five Funders list (if applicable); or
``(ii) in the case of a communication which, as determined
on the basis of criteria established in regulations issued by
the Commission, is of such short duration that including the
Top Five Funders list in the communication would constitute a
hardship to the person paying for the communication by
requiring a disproportionate amount of the content of the
communication to consist of the Top Five Funders list, the
name of a website which contains the Top Five Funders list
(if applicable) or, in the case of an internet or digital
communication, an adapted disclaimer (as defined in paragraph
(6)(C)) that directs persons reading, observing, or listening
to the communication to the Top Five Funders list (if
applicable).
``(C) If the communication is transmitted in an audio
format and is paid for in whole or in part with a payment
which is treated as a campaign-related disbursement under
section 324--
``(i) the Top Two Funders list (if applicable); or
``(ii) in the case of a communication which, as determined
on the basis of criteria established in regulations issued by
the Commission, is of such short duration that including the
Top Two Funders list in the communication would constitute a
hardship to the person paying for the communication by
requiring a disproportionate amount of the content of the
communication to consist of the Top Two Funders list, the
name of a website which contains the Top Two Funders list (if
applicable).
``(2) Disclosure statements described.--
``(A) Individual disclosure statements.--The individual
disclosure statement described in this subparagraph is the
following: `I am ________