,i #aafth ,,congress #ast ,session ,h4 ,r4 #djed ,,in ,,the ,,house ,,of ,,representatives ,july #be1 #bjai,mr4 ,price of ,north ,carolina introduced the following bill2 which was referred to the ,committee on ,house ,administration ,a ,,bill ,to amend the ,federal ,election ,campaign ,act of #aiga 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 advertisements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stand ,by ,every ,ad ,act4 #b4 ,application of disclaimer statements to online communications 7a7 ,application to online public communications 7#a7 ,in general ,subsection 7a7 of section #cah of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj7 is amended-- 7,a7 by striking financing any communication through any broadcasting station1 newspaper1 magazine1 outdoor advertising facility1 mailing1 or any other type of general public political advertising and inserting financing any public communication2 and 7,b7 by striking solicits any contribution through any broadcasting station1 newspaper1 magazine1 outdoor advertising facility1 mailing1 or any other type of general public political advertising and inserting solicits any contribution through any public communication4 7#b7 ,conforming amendment relating to definition of public communication ,paragraph 7#bb7 of section #cja of such ,act 7#eb ,u4,s4,c4 #cjaja7bb77 is amended by striking or satellite communication and inserting satellite1 paid internet1 or paid digital communication4 7b7 ,clear and conspicuous manner requirement ,subsection 7a7 of section #cah of such ,act 7#eb ,u4,s4,c4 #cjabj7;a77 is amended-- 7#a7 by striking shall clearly state each place it appears in paragraphs 7#a71 7#b71 and 7#c7 and inserting shall state in a clear and conspicuous manner2 and 7#b7 by adding at the end the following flush sentence3 ,for purposes of this section1 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 overlooked44 7c7 ,special rules for qualified ,internet or digital communications 7#a7 ,in general ,section #cah of such ,act 7#eb ,u4,s4,c4 #cjabj7 is amended by adding at the end the following new subsection3 7e7 ,special rules for qualified ,internet or digital communications 7#a7 ,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 possible1 the communication shall1 in a clear and conspicuous manner-- 7,a7 state the name of the person who paid for the communication2 and 7,b7 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 information4 7#b7 ,safe harbor for determining clear and conspicuous manner ,a statement in qualified internet or digital communication shall be considered to be made in a clear and conspicuous manner as provided in subsection 7a7 if the communication meets the following requirements3 7,a7 ,text or graphic communications ,in the case of a text or graphic communication1 the statement-- 7i7 appears in letters at least as large as the majority of the text in the communication2 and 7ii7 meets the requirements of paragraphs 7#b7 and 7#c7 of subsection 7c74 7,b7 ,audio communications ,in the case of an audio communication1 the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least #c seconds4 7,c7 ,video communications ,in the case of a video communication which also includes audio1 the statement-- 7i7 is included at either the beginning or the end of the communication2 and 7ii7 is made both in-- 7,i7 a written format that meets the requirements of subparagraph 7,a7 and appears for at least #d seconds2 and 7,,ii7 an audible format that meets the requirements of subparagraph 7,b74 7,d7 ,other communications ,in the case of any other type of communication1 the statement is at least as clear and conspicuous as the statement specified in subparagraph 7,a71 7,b71 or 7,c74 7#c7 ,qualified internet or digital communication defined 7,a7 ,in general ,in this section1 the term qualified internet or digital communication means any communication which is placed or promoted for a fee on an online platform4 7,b7 ,online platform ,for purposes of this paragraph1 the term online platform means any public-facing website1 web application1 or digital application 7including a social network1 ad network1 or search engine7 which-- 7i7 sells qualified political advertisements2 and 7ii7 has #ej1jjj1jjj or more unique monthly ,united ,states visitors or users for a majority of months during the preceding #ab months4 7,c7 ,qualified political advertisement ,for purposes of this paragraph1 the term qualified political advertisement means any advertisement 7including search engine marketing1 display advertisements1 video advertisements1 native advertisements1 and sponsorships7 that-- 7i7 is made by or on behalf of a candidate2 or 7ii7 communicates a message relating to any political matter of national importance1 including-- 7,i7 a candidate2 7,,ii7 any election to ,federal office2 or 7,,iii7 a national legislative issue of public importance4 4 7#b7 ,nonapplication of certain exceptions ,the exceptions provided in section #aaj4aa7;f77#a77;i7 and 7ii7 of title #aa1 ,code of ,federal ,regulations1 or any successor to such rules1 shall have no application to qualified internet or digital communications 7as defined in section #cah7;e77#c7 of the ,federal ,election ,campaign ,act of #aiga1 as added by paragraph 7#a774 7d7 ,modification of additional requirements for certain communications ,section #cah7;d7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;d77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 by striking which is transmitted through radio and inserting which is in an audio format2 and 7,b7 by striking ,by radio in the heading and inserting ,audio format2 7#b7 in paragraph 7#a77;,b7-- 7,a7 by striking which is transmitted through television and inserting which is in video format2 and 7,b7 by striking ,by television in the heading and inserting ,video format2 and 7#c7 in paragraph 7#b7-- 7,a7 by striking transmitted through radio or television and inserting made in audio or video format2 and 7,b7 by striking through television in the second sentence and inserting in video format4 #c4 ,disclaimer requirements for communications consisting of campaign-related disbursements 7a7 ,disclaimer requirements for campaign-,related disbursements ,section #cah7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj7;a77 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 disbursement1 as defined in subsection 7f71 consisting of a public communication4 7b7 ,campaign-,related disbursements defined ,section #cah of such ,act 7#eb ,u4,s4,c4 #cjabj71 as amended by section #b7;c77#a71 is further amended by adding at the end the following new subsection3 7f7 ,campaign-,related disbursement defined 7#a7 ,in general ,in this section1 the term campaign-related disbursement means a disbursement by a covered organization for any of the following 7regardless of the intent of the person making the disbursement73 7,a7 ,an independent expenditure which expressly advocates the election or defeat of a clearly identified candidate for election for ,federal office1 or is the functional equivalent of express advocacy because1 when taken as a whole1 it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate for election for ,federal office4 7,b7 ,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 office1 or attacks or opposes the election of a candidate for that office1 without regard to whether the communication expressly advocates a vote for or against a candidate for that office4 7,c7 ,an electioneering communication1 as defined in section #cjd7;f77#c74 7,d7 ,a covered transfer4 7#b7 ,covered organization defined ,in this subsection1 the term covered organization means any of the following3 7,a7 ,a corporation 7other than an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf74 7,b7 ,a limited liability corporation that is not otherwise treated as a corporation for purposes of this ,act 7other than an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf74 7,c7 ,an organization described in section #eja7;c7 of such ,code and exempt from taxation under section #eja7;a7 of such ,code 7other than an organization described in section #eja7;c77#c7 of such ,code74 7,d7 ,a labor organization 7as defined in section #caf7;b774 7,e7 ,any political organization under section #ebg of the ,internal ,revenue ,code of #aihf1 other than a political committee under this ,act 7except as provided in subparagraph 7,f774 7,f7 ,a political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this ,act1 but only with respect to such accounts4 7#c7 ,covered transfer defined 7,a7 ,in general ,in this subsection1 the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization-- 7i7 designates1 requests1 or suggests that the amounts be used for-- 7,i7 campaign-related disbursements 7other than covered transfers72 or 7,,ii7 making a transfer to another person for the purpose of making or paying for such campaign-related disbursements2 7ii7 made such transfer or payment in response to a solicitation or other request for a donation or payment for-- 7,i7 the making of or paying for campaign-related disbursements 7other than covered transfers72 or 7,,ii7 making a transfer to another person for the purpose of making or paying for such campaign-related disbursements2 7iii7 engaged in discussions with the recipient of the transfer or payment regarding-- 7,i7 the making of or paying for campaign-related disbursements 7other than covered transfers72 or 7,,ii7 donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements2 7iv7 made campaign-related disbursements 7other than a covered transfer7 in an aggregate amount of #ej1jjj or more during the #b-year period ending on the date of the transfer or payment1 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 #b-year period2 or 7v7 knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of #ej1jjj or more during the #b-year period beginning on the date of the transfer or payment4 7,b7 ,exclusions ,the term covered transfer does not include any of the following3 7i7 ,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 organization4 7ii7 ,a disbursement made by a covered organization if-- 7,i7 the covered organization prohibited1 in writing1 the use of such disbursement for campaign-related disbursements2 and 7,,ii7 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 disbursements4 7,c7 ,special rule regarding transfers among affiliates 7i7 ,special rule ,a transfer of an amount by one covered organization to another covered organization which is treated as a transfer between affiliates under clause 7iii7 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 #ej1jjj4 7ii7 ,determination of amount of certain payments among affiliates ,in determining the amount of a transfer between affiliates for purposes of clause 7i71 to the extent that the transfer consists of funds attributable to dues1 fees1 or assessments which are paid by individuals on a regular1 periodic basis in accordance with a per-individual calculation which is made on a regular basis1 the transfer shall be attributed to the individuals paying the dues1 fees1 or assessments and shall not be attributed to the covered organization4 7iii7 ,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-- 7,i7 one of the organizations is an affiliate of the other organization2 or 7,,ii7 each of the organizations is an affiliate of the same organization1 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 disbursements4 7iv7 ,determination of affiliate status ,for purposes of clause 7iii71 a covered organization is an affiliate of another covered organization if-- 7,i7 the governing instrument of the organization requires it to be bound by decisions of the other organization2 7,,ii7 the governing board of the organization includes persons who are specifically designated representatives of the other organization or are members of the governing board1 officers1 or paid executive staff members of the other organization1 or whose service on the governing board is contingent upon the approval of the other organization2 or 7,,iii7 the organization is chartered by the other organization4 7v7 ,coverage of transfers to affiliated section #eja7;c77#c7 organizations ,this subparagraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph 7#c7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code in the same manner as this subparagraph applies to an amount transferred by a covered organization to another covered organization4 4 #d4 ,stand ,by ,every ,ad 7a7 ,expanded disclaimer requirements for certain communications ,section #cah of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj71 as amended by section #b7;c77#a7 and section #c7;b71 is further amended by adding at the end the following new subsection3 7g7 ,expanded disclaimer requirements for communications not authorized by candidates or committees 7#a7 ,in general ,except as provided in paragraph 7#f71 any communication described in paragraph 7#c7 of subsection 7a7 which is transmitted in an audio or video format 7including an ,internet or digital communication71 or which is an ,internet or digital communication transmitted in a text or graphic format1 shall include1 in addition to the requirements of paragraph 7#c7 of subsection 7a71 the following3 7,a7 ,the individual disclosure statement described in paragraph 7#b77;,a7 7if the person paying for the communication is an individual7 or the organizational disclosure statement described in paragraph 7#b77;,b7 7if the person paying for the communication is not an individual74 7,b7 ,if the communication is transmitted in a video format1 or is an ,internet or digital communication which is transmitted in a text or graphic format1 and is paid for in whole or in part with a payment which is treated as a campaign-related disbursement under subsection 7f7-- 7i7 the ,top ,five ,funders list 7if applicable72 or 7ii7 in the case of a communication which1 as determined on the basis of criteria established in regulations issued by the ,commission1 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 list1 the name of a website which contains the ,top ,five ,funders list 7if applicable7 or1 in the case of an ,internet or digital communication1 a hyperlink to such website4 7,c7 ,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 7f7-- 7i7 the ,top ,two ,funders list 7if applicable72 or 7ii7 in the case of a communication which1 as determined on the basis of criteria established in regulations issued by the ,commission1 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 list1 the name of a website which contains the ,top ,two ,funders list 7if applicable74 7#b7 ,disclosure statements described 7,a7 ,individual disclosure statements ,the individual disclosure statement described in this subparagraph is the following3 ,i am 1 and ,i approve this message41 with the blank filled in with the name of the applicable individual4 7,b7 ,organizational disclosure statements ,the organizational disclosure statement described in this subparagraph is the following3 ,i am 1 the of 1 and approves this message41 with-- 7i7 the first blank to be filled in with the name of the applicable individual2 7ii7 the second blank to be filled in with the title of the applicable individual2 and 7iii7 the third and fourth blank each to be filled in with the name of the organization or other person paying for the communication4 7#c7 ,method of conveyance of statement 7,a7 ,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 format1 the disclosure statements required under paragraph 7#a7 shall appear in letters at least as large as the majority of the text in the communication4 7,b7 ,communications transmitted in audio format ,in the case of a communication to which this subsection applies which is transmitted in an audio format1 the disclosure statements required under paragraph 7#a7 shall be made by audio by the applicable individual in a clear and conspicuous manner4 7,c7 ,communications transmitted in video format ,in the case of a communication to which this subsection applies which is transmitted in a video format1 the information required under paragraph 7#a7-- 7i7 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 manner1 with a reasonable degree of color contrast between the background and the printed statement1 for a period of at least #f seconds2 and 7ii7 shall also be conveyed by an unobscured1 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 individual1 except in the case of a ,top ,five ,funders list4 7#d7 ,applicable individual defined ,the term applicable individual means1 with respect to a communication to which this subsection applies-- 7,a7 if the communication is paid for by an individual1 the individual involved2 7,b7 if the communication is paid for by a corporation1 the chief executive officer of the corporation 7or1 if the corporation does not have a chief executive officer1 the highest ranking official of the corporation72 7,c7 if the communication is paid for by a labor organization1 the highest ranking officer of the labor organization2 and 7,d7 if the communication is paid for by any other person1 the highest ranking official of such person4 7#e7 ,top ,five ,funders list and ,top ,two ,funders list defined 7,a7 ,top ,five ,funders list ,the term ,top ,five ,funders list means1 with respect to a communication which is paid for in whole or in part with a campaign-related disbursement 7as defined in subsection 7f771 a list of the five persons who1 during the #ab-month period ending on the date of the disbursement1 provided the largest payments of any type in an aggregate amount equal to or exceeding #aj1jjj to the person who is paying for the communication and the amount of the payments each such person provided4 ,if two or more people provided the fifth largest of such payments1 the person paying for the communication shall select one of those persons to be included on the ,top ,five ,funders list4 7,b7 ,top ,two ,funders list ,the term ,top ,two ,funders list means1 with respect to a communication which is paid for in whole or in part with a campaign-related disbursement 7as defined in subsection 7f771 a list of the persons who1 during the #ab-month period ending on the date of the disbursement1 provided the largest and the second largest payments of any type in an aggregate amount equal to or exceeding #aj1jjj to the person who is paying for the communication and the amount of the payments each such person provided4 ,if two or more persons provided the second largest of such payments1 the person paying for the communication shall select one of those persons to be included on the ,top ,two ,funders list4 7,c7 ,exclusion of certain payments ,for purposes of subparagraphs 7,a7 and 7,b71 in determining the amount of payments made by a person to a person paying for a communication1 there shall be excluded the following3 7i7 ,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 communication4 7ii7 ,any payment which the person prohibited1 in writing1 from being used for campaign-related disbursements1 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 disbursements4 7#f7 ,special rules for certain communications 7,a7 ,exception for communications paid for by political parties and certain political committees ,this subsection does not apply to any communication to which subsection 7d77#b7 applies4 7,b7 ,treatment of video communications lasting #aj seconds or less ,in the case of a communication to which this subsection applies which is transmitted in a video format1 or is an ,internet or digital communication which is transmitted in a text or graphic format1 the communication shall meet the following requirements3 7i7 ,the communication shall include the individual disclosure statement described in paragraph 7#b77;,a7 7if the person paying for the communication is an individual7 or the organizational disclosure statement described in paragraph 7#b77;,b7 7if the person paying for the communication is not an individual74 7ii7 ,the statement described in clause 7i7 shall appear in writing at the end of the communication1 or in a crawl along the bottom of the communication1 in a clear and conspicuous manner1 with a reasonable degree of color contrast between the background and the printed statement1 for a period of at least #d seconds4 7iii7 ,the communication shall include1 in a clear and conspicuous manner1 a website address with a landing page which will provide all of the information described in paragraph 7#a7 with respect to the communication4 ,such address shall appear for the full duration of the communication4 7iv7 ,to the extent that the format in which the communication is made permits the use of a hyperlink1 the communication shall include a hyperlink to the website address described in clause 7iii74 4 7b7 ,exception for communications paid for by political parties and certain political committees ,section #cah7;d77#b7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;d77#b77 is amended-- 7#a7 in the heading1 by striking others and inserting certain political committees2 7#b7 by striking ,any communication and inserting 7,a7 ,any communication2 7#c7 by inserting which 7except to the extent provided in subparagraph 7,b77 is paid for by a political committee 7including a political committee of a political party7 and after subsection 7a72 7#d7 by striking or other person each place it appears2 and 7#e7 by adding at the end the following new subparagraph3 7,b7 7i7 ,this paragraph does not apply to a communication paid for in whole or in part during a calendar year with a campaign-related disbursement1 but only if the covered organization making the campaign-related disbursement made campaign-related disbursements 7as defined in subsection 7f77 aggregating more than #aj1jjj during such calendar year4 7ii7 ,for purposes of clause 7i71 in determining the amount of campaign-related disbursements made by a covered organization during a year1 there shall be excluded the following3 7,i7 ,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 organization4 7,,ii7 ,any amounts received by the covered organization from a person who prohibited1 in writing1 the organization from using such amounts for campaign-related disbursements1 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 disbursements4 4 #e4 ,disclaimer requirements for communications made through prerecorded telephone calls 7a7 ,application of requirements 7#a7 ,in general ,section #cah7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj7;a771 as amended by section #b7;a77#a71 is further amended by inserting after public communication each place it appears the following3 7including a telephone call consisting in substantial part of a prerecorded audio message74 7#b7 ,application to communications subject to expanded disclaimer requirements ,section #cah7;g77#a7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;e77#a771 as added by section #d7;a71 is amended in the matter preceding subparagraph 7,a7 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 message4 7b7 ,treatment as communication transmitted in audio format 7#a7 ,communications by candidates or authorized persons ,section #cah7;d7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;d77 is amended by adding at the end the following new paragraph3 7#c7 ,prerecorded telephone calls ,any communication described in paragraph 7#a71 7#b71 or 7#c7 of subsection 7a7 7other than a communication which is subject to subsection 7e77 which is a telephone call consisting in substantial part of a prerecorded audio message shall include1 in addition to the requirements of such paragraph1 the audio statement required under subparagraph 7,a7 of paragraph 7#a7 or the audio statement required under paragraph 7#b7 7whichever is applicable71 except that the statement shall be made at the beginning of the telephone call4 4 7#b7 ,communications subject to expanded disclaimer requirements ,section #cah7;g77#c7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;e77#c771 as added by section #d7;a71 is amended by adding at the end the following new subparagraph3 7,d7 ,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 message1 the communication shall be considered to be transmitted in an audio format4 4 #f4 ,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 #cah of the ,federal ,election ,campaign ,act of #aiga 7as provided under section #aaj4aa of title #aa of the ,code of ,federal ,regulations7 to include a disclaimer on communications made by the person through the internet to include any disclaimer on any such communications4 #g4 ,effective date ,the amendments made by this ,act shall apply with respect to communications made on or after ,january #a1 #bjbj1 and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4