,i #aafth ,,congress #ast ,session ,h4 ,r4 #fgi ,,in ,,the ,,house ,,of ,,representatives ,january #ag1 #bjai,miss ,rice of ,new ,york 7for herself1 ,mr4 ,kilmer1 and ,mr4 ,gallagher7 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 apply the restrictions on the use of campaign funds for personal use to the funds of leadership ,p,a,cs and other political committees1 to clarify the treatment of certain coordinated expenditures as contributions to candidates1 to require the sponsors of certain political advertisements to identify the source of funds used for the advertisements1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,political ,accountability and ,transparency ,act4 #b4 ,applying personal use restrictions to leadership ,p,a,cs and other political committees 7a7 ,applying restrictions ,section #cac7;b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaad7;b77 is amended-- 7#a7 in paragraph 7#a71 by inserting or a receipt of any other political committee after subsection 7a72 7#b7 in paragraph 7#b71 by striking contribution or donation and inserting contribution1 donation1 or receipt2 and 7#c7 in paragraph 7#b71 by striking campaign or individual's duties as a holder of ,federal office and inserting campaign1 the individual's duties as a holder of ,federal office1 or the political committee's political activities44 7b7 ,effective date ,the amendments made by this section shall apply with respect to contributions and donations received on or after the date of the enactment of this ,act4 #c4 ,clarification of treatment of coordinated expenditures as contributions 7a7 ,treatment as contribution ,section #cja7h77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7h77;,a77 is amended-- 7#a7 by striking or at the end of clause 7i72 7#b7 by striking the period at the end of clause 7ii7 and inserting 2 or2 and 7#c7 by adding at the end the following new clause3 7iii7 any payment made by any person for a coordinated expenditure 7as such term is defined in section #cbd7 which is not otherwise treated as a contribution under clause 7i7 or clause 7ii74 4 7b7 ,definitions ,section #cbd of such ,act 7#eb ,u4,s4,c4 #cjabf7 is amended to read as follows3 #cbd4 ,payments for coordinated expenditures 7a7 ,coordinated expenditures 7#a7 ,in general ,for purposes of section #cja7h77;,a77iii71 the term coordinated expenditure means1 with respect to a candidate1 authorized committee1 or political party-- 7,a7 any payment for any communication which republishes1 disseminates1 or distributes1 in whole or in substantial part1 any video1 audio1 written1 graphic1 or other form of campaign material created or prepared by the candidate1 an authorized committee of a candidate1 or a committee of a political party1 but does not include-- 7i7 any payment made by the candidate1 the authorized committee1 or the political party which created or prepared the material involved2 or 7ii7 any payment for the republication1 dissemination1 or distribution of the material involved for purposes of opposing the candidate1 authorized committee1 or political party which created or prepared the material involved2 or 7,b7 any payment for a covered expenditure described in subsection 7c7 which is made in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate1 an authorized committee of a candidate1 or a political committee of a political party1 as defined in subsection 7b74 7#b7 ,clarification of individuals treated as candidates ,for purposes of this section1 an individual shall be treated as a candidate if the individual is a candidate at the time of a coordinated expenditure1 without regard to whether the individual was a candidate at the time the coordination occurred1 as described in subsection 7b74 7#c7 ,treatment of employees1 independent contractors1 and agents ,for purposes of this section1 any reference to a candidate1 committee1 officeholder1 or political party includes-- 7,a7 an employee or independent contractor of the candidate1 committee1 officeholder1 or party1 if such employee or contractor has executive or managerial authority 7or acts under the direction or control of an employee or contractor who has such executive or managerial authority7 for the candidate1 committee1 officeholder1 or political party at any time during the election cycle in which the expenditure is made 7in the case of a candidate or committee for an election for the office of ,president7 or during the #b-year period ending on the date the expenditure is made 7in the case of a candidate or committee for an election for any other ,federal office or any political party72 or 7,b7 an agent 7including an authorized fundraiser71 whether paid or unpaid1 of the candidate1 committee1 officeholder1 or party at any time during the election cycle in which the expenditure is made 7in the case of a candidate or committee for an election for the office of ,president7 or during the #b-year period ending on the date the expenditure is made 7in the case of a candidate or committee for an election for any other ,federal office or any political party71 without regard to whether the individual was such an agent at the time any of the coordination described in subsection 7b7 occurred4 7#d7 ,exceptions ,a payment shall not be treated as a coordinated expenditure under this section if-- 7,a7 the payment is for a communication which appears in a news story1 commentary1 or editorial distributed through the facilities of any broadcasting station1 newspaper1 magazine1 or other periodical publication1 unless such facilities are owned or controlled by any political party1 political committee1 or candidate2 or 7,b7 the payment is for a candidate debate or forum conducted pursuant to regulations adopted by the ,commission pursuant to section #cjd7;f77#c77;,b77iii71 or is for a communication which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum4 7b7 ,coordination described ,for purposes of this section1 a covered expenditure is made in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate1 an authorized committee of a candidate1 or a political committee of a political party if any of the following apply3 7#a7 ,the covered expenditure is not made totally independently of the candidate1 committee1 or political party4 ,for purposes of the previous sentence1 a covered expenditure not made totally independently of the candidate or committee includes any expenditure made pursuant to any express or implied agreement with1 or any general or particular understanding with1 or pursuant to any request by or communication with1 the candidate1 committee1 or political party about the expenditure4 7#b7 ,during the #b-year period ending on the date the covered expenditure is made 7in the case of a candidate or committee for an election for any other ,federal office or any political party7 or during the election cycle in which the covered expenditure is made 7in the case of a candidate or committee for an election for the office of ,president71 the person making the covered expenditure was directly or indirectly established1 maintained1 controlled1 or principally funded by the candidate1 an immediate family member of the candidate1 the committee1 or party4 ,for purposes of the previous sentence1 an immediate family member means1 with respect to a candidate1 a father1 mother1 son1 daughter1 brother1 sister1 spouse1 domestic partner1 father-in-law1 or mother-in-law4 7#c7 ,during the #b-year period ending on the date the covered expenditure is made 7in the case of a candidate or committee for an election for any other ,federal office or any political party7 or during the election cycle in which the covered expenditure is made 7in the case of a candidate or committee for an election for the office of ,president71 the candidate1 the committee1 or political party solicited funds for1 provided nonpublic fundraising information or strategy to1 appeared as a speaker or featured guest at a fundraiser for1 or gave permission to be featured in fundraising efforts for1 the person making the covered expenditure4 ,the previous sentence does not apply if the person making the covered expenditure is an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code4 7#d7 ,the covered expenditure is made on the basis of non-public information about the candidate's1 committee's1 or political party's campaign needs or plans that the candidate1 committee1 or political party provided directly or indirectly to the person making the covered expenditure1 including information about campaign messaging1 strategy1 fundraising1 planned expenditures1 or polling data4 ,the previous sentence does not apply to communications between the person making the covered expenditure and the candidate1 committee1 or political party solely for the purpose of either engaging in discussions regarding the person's position on a policy matter or regarding whether the person will endorse the candidate or party1 so long as such communications do not include any nonpublic information about the candidate's1 committee's1 or party's campaign needs or plans4 7#e7 7,a7 ,during the #b-year period ending on the date the covered expenditure is made 7in the case of a candidate or committee for an election for any other ,federal office or any political party7 or during the election cycle in which the covered expenditure is made 7in the case of a candidate or committee for an election for the office of ,president71 the person making the covered expenditure employed or otherwise retained the services 7other than accounting or legal services7 of a person who1 at any point during that cycle or two-year period-- 7i7 had executive or managerial authority for the candidate1 committee1 or party1 whether paid or unpaid2 7ii7 was authorized to raise or expend funds for the candidate1 committee1 or party and had nonpublic information from the candidate1 committee1 or party about the candidate's1 committee's or party's campaign's needs or plans2 or 7iii7 provided the candidate1 committee1 or party with professional services 7other than accounting or legal services7 related to campaign or fundraising strategy4 7,b7 ,subparagraph 7,a7 does not apply with respect to a person employed or otherwise retained by a person making a covered expenditure if1 at the time the person who was so employed or retained exercised the authority or provided the services described in clauses 7i7 through 7iii7 of such subparagraph1 the person making the covered expenditure had in effect a firewall policy which meets the requirements of subsection 7d74 7c7 ,covered expenditures 7#a7 ,candidates and authorized committees ,for purposes of this section1 the term covered expenditure means1 with respect to a candidate or an authorized committee of a candidate1 any of the following3 7,a7 ,an expenditure for a public communication 7as defined in section #cja7bb77 which-- 7i7 expressly advocates for the nomination or election of the candidate or for the defeat of an opponent of the candidate 7or contains the functional equivalent of express advocacy72 7ii7 promotes or supports the candidate1 or attacks or opposes an opponent of the candidate 7regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy72 or 7iii7 refers to the candidate or an opponent of the candidate but is not described in clause 7i7 or clause 7ii71 but only if1 during the period which begins #abj days before the date of the primary election for the office involved and ends on the date of the general election for such office 7or1 if necessary1 the date of a runoff election following such general election71 the communication is disseminated in the jurisdiction of the office the candidate is seeking4 7,b7 ,an expenditure to pay for partisan voter activity 7such as partisan voter registration1 get-out-the-vote activity1 phone banking1 or generic campaign activity7 in the jurisdiction of the office the candidate is seeking4 7,c7 ,an expenditure to pay for research1 design or production costs1 polling expenses1 data analytics1 creating or purchasing mailing or social media lists1 or other activities related to the expenditures described in subparagraphs 7,a7 or 7,b74 7#b7 ,political parties ,for purposes of this section1 the term covered expenditure means1 with respect to a political party1 any of the following3 7,a7 ,an expenditure for a public communication 7as defined in section #cja7bb77 which-- 7i7 expressly advocates for the nomination or election of a candidate of the party or for the defeat of an opponent of a candidate of the party1 including a communication which expressly advocates generically for the election of candidates of the party or for the defeat of opponents of candidates of the party 7or contains the functional equivalent of express advocacy72 7ii7 promotes or supports a candidate of the party1 or attacks or opposes an opponent of a candidate of the party 7regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy72 or 7iii7 refers to a candidate of the party or an opponent of a candidate of the party but is not described in clause 7i7 or clause 7ii71 but only if1 during the period which begins #abj days before the date of the primary election for the office involved and ends on the date of the general election for such office 7or1 if necessary1 the date of a runoff election following such general election71 the communication is disseminated in the jurisdiction of the office the candidate is seeking4 7,b7 ,an expenditure to pay for partisan voter activity 7such as partisan voter registration1 get-out-the-vote activity1 phone banking1 or generic campaign activity7 in the jurisdiction of the office a candidate of the party is seeking4 7,c7 ,an expenditure to pay for research1 design or production costs1 polling expenses1 data analytics1 creating or purchasing mailing or social media lists1 or other activities related to the expenditures described in subparagraphs 7,a7 or 7,b74 7d7 ,firewall policy requirements ,for purposes of paragraph 7#e7 of subsection 7b71 a firewall policy of a person making a covered expenditure meets the requirements of this subsection if all of the following apply3 7#a7 ,the policy separates the specific staff of such person who provide services related to the making of the covered expenditure from the distinct1 specific staff who have engaged or will engage in any of the authorities or services described in clauses 7i7 through 7iii7 of subparagraph 7,b7 of paragraph 7#e7 of subsection 7b7 with the candidate1 authorized committee1 or political party supported by the covered expenditure4 7#b7 ,the policy forbids owners of such person and executives1 managers1 and supervisors within such person's organization1 to simultaneously oversee the work of staff being separated by a firewall4 7#c7 ,the policy imposes a prohibition on the flow of strategic nonpublic information1 including by imposing physical and technological separations1 between such person and the candidate1 committee1 or party supported by the covered expenditure1 and between the specific staff who are being separated by the firewall4 7#d7 ,the policy is memorialized in writing and distributed to all relevant staff 7including consultants7 before such staff provide any services relating to the making of the covered expenditure1 and the written policy described both the general firewall policy and any specific firewall created pursuant to such policy1 and the person making the covered expenditure provides such written policy upon request to the ,commission4 7e7 ,no limitation on application of other coordination rules ,nothing in this section may be construed to limit the application of section #cae7;a77#g7 to any contribution1 expenditure1 disbursement1 or person4 4 7c7 ,effective date2 effect on existing regulations 7#a7 ,effective date ,the amendments made by this section shall apply with respect to payments made on or after the expiration of the #fj-;day period which begins on the date of the enactment of this ,act1 without regard to whether or not the ,federal ,election ,commission has promulgated regulations in accordance with paragraph 7#b77;,b7 as of the expiration of such period4 7#b7 ,repeal of existing regulations on coordination ,effective upon the expiration of the #fj-;day period which begins on the date of the enactment of this ,act-- 7,a7 the regulations on coordinated communications adopted by the ,federal ,election ,commission which are in effect on the date of the enactment of this ,act 7as set forth in #aa ,,cfr ,part #aji1 ,subpart ,c1 under the heading ,coordination7 are repealed2 and 7,b7 the ,federal ,election ,commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this ,act4 7#c7 ,termination of validity of advisory opinions ,to the extent that any advisory opinion issued by the ,federal ,election ,commission prior to expiration of the period described in paragraph 7#b7 was based on the regulations referred to in subparagraph 7,a7 of paragraph 7#b71 the validity of the opinion is hereby terminated1 and no person may rely upon the opinion with respect to conduct occurring after the expiration of such period4 #d4 ,expansion of definition of public communication 7a7 ,in general ,paragraph 7#bb7 of section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7bb77 is amended by striking or satellite communication and inserting satellite1 paid ,internet1 or paid digital communication4 7b7 ,treatment of contributions and expenditures ,section #cja of such ,act 7#eb ,u4,s4,c4 #cjaja7 is amended-- 7#a7 in paragraph 7#h77;,b7-- 7,a7 by striking on broadcasting stations1 or in newspapers1 magazines1 or similar types of general public political advertising in clause 7v7 and inserting in any public communication2 7,b7 by striking broadcasting1 newspaper1 magazine1 billboard1 direct mail1 or similar type of general public communication or political advertising in clause 7ix77#a7 and inserting public communication2 and 7,c7 by striking but not including the use of broadcasting1 newspapers1 magazines1 billboards1 direct mail1 or similar types of general public communication or political advertising in clause 7x7 and inserting but not including use in any public communication2 and 7#b7 in paragraph 7#i77;,b7-- 7,a7 by striking clause 7i7 and inserting the following3 7i7 any news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any print1 online1 or digital newspaper1 magazine1 blog1 publication1 or periodical1 unless such broadcasting1 print1 online1 or digital facilities are owned or controlled by any political party1 political committee1 or candidate2 2 and 7,b7 by striking on broadcasting stations1 or in newspapers1 magazines1 or similar types of general public political advertising in clause 7iv7 and inserting in any public communication4 7c7 ,disclosure and disclaimer statements ,subsection 7a7 of section #cah of such ,act 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 7d7 ,effective date ,the amendments made by this section shall apply with respect to communications disseminated on or after ,january #a1 #bjbj4 #e4 ,expansion of definition of electioneering communication 7a7 ,expansion to online communications 7#a7 ,application to qualified ,internet and digital communications 7,a7 ,in general ,subparagraph 7,a7 of section #cjd7;f77#c7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77 is amended by striking or satellite communication each place it appears in clauses 7i7 and 7ii7 and inserting satellite1 or qualified ,internet or digital communication4 7,b7 ,qualified ,internet or digital communication ,paragraph 7#c7 of section #cjd7;f7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77 is amended by adding at the end the following new subparagraph3 7,d7 ,qualified ,internet or digital communication ,the term qualified ,internet or digital communication means any communication which is placed or promoted for a fee on any public-facing website1 ,web application1 or digital application 7including a social network1 ad network1 or search engine74 4 7#b7 ,nonapplication of relevant electorate to online communications ,section #cjd7;f77#c77;,a77i77,,iii7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77i77,,iii77 is amended by inserting any broadcast1 cable1 or satellite before communication4 7#c7 ,news exemption ,section #cjd7;f77#c77;,b77i7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,b77i77 is amended to read as follows3 7i7 a communication appearing in a news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper1 magazine1 blog1 publication1 or periodical1 unless such broadcasting1 online1 or digital facilities are owned or controlled by any political party1 political committee1 or candidate2 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to communications made on or after the date of the enactment of this ,act4 #f4 ,disclosure of true identity of source of funding of campaign advertisements 7a7 ,requiring best efforts ,to determine true source of funds used ,to pay for campaign advertisements ,section #cah of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj7 is amended by adding at the end the following new subsection3 7e7 ,requiring best efforts ,to determine true source of funds used ,to pay for certain advertisements 7#a7 ,best efforts required ,the person making a disbursement of funds for a communication described in paragraph 7#c7 of subsection 7a7 shall make best efforts to determine the true source of the funds used for the disbursement to ensure that the names of the persons included in the statement required under such paragraph are the names of the persons who served as the true source of such funds4 ,for purposes of this paragraph1 such best efforts shall include the making of multiple requests 7if necessary7 to contributors to determine whether the funds provided by the contributors were transferred 7either directly or indirectly7 by other persons4 7#b7 ,treatment of political committees ,for purposes of this subsection1 a political committee shall not be considered a source of funds used for a disbursement for a communication described in paragraph 7#c7 of subsection 7a71 other than an account of a political committee established for the purpose of accepting donations or contributions that do not comply with the contribution limits or source prohibitions under this ,act4 4 7b7 ,inclusion in advertisements of identification of ,top ,three ,funders ,section #cah of such ,act 7#eb ,u4,s4,c4 #cjabj71 as amended by subsection 7a71 is further amended by adding at the end the following new subsection3 7f7 ,disclosure of ,top ,three ,funders 7#a7 ,requiring disclosure in certain advertisements 7,a7 ,requirement ,any communication described in paragraph 7#c7 of subsection 7a71 shall1 in addition to including the information required under such paragraph and under paragraph 7#b7 of subsection 7d71 include the ,top ,three ,funders list 7if applicable74 7,b7 ,exclusion of communications paid for by political parties ,this subsection does not apply with respect to a communication paid for exclusively by a political committee of a political party4 7#b7 ,method of conveyance of statement through video format ,in the case of a communication to which this subsection applies which is transmitted through a video format 7including through television or through the ,internet or similar digital format if the transmission includes a video component71 the information required under paragraph 7#a7 shall appear in writing at the end of the communication in a clearly readable manner1 with a reasonable degree of color contrast between the background and the printed statement1 for a period of at least #d seconds4 7#c7 ,method of conveyance of statement through audio format ,in the case of a communication to which this subsection applies which is transmitted in audio format 7including through radio or through the ,internet or similar digital format if the transmission includes an audio component71 the information required under paragraph 7#a7 shall include1 in a clearly spoken manner1 the following audio statement3 ,top funders include 1 with the blank filled in with the names of the persons on the ,top ,three ,funders list4 7#d7 ,method of conveyance of statement through text and images ,in the case of a communication to which this subsection applies which is a printed communication or which is transmitted through the ,internet or similar digital manner and is not described in paragraphs 7#b7 or paragraph 7#c71 the information required under paragraph 7#a7 shall appear in a clearly readable manner1 with a reasonable degree of color contrast between the background and the printed statement4 7#e7 ,top ,three ,funders list defined 7,a7 ,in general ,the term ,top ,three ,funders list means1 with respect to a communication1 a list of the three persons who1 during the #ab-month period ending on the date of the transmission of the communication or the date on which funds were disbursed for the communication 7whichever is earlier71 provided the largest payments of any type in an aggregate amount exceeding the applicable threshold 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 third largest of such payments1 the person who provided the most recent of such payments shall be included on the ,top ,three ,funders list4 7,b7 ,exclusion of certain payments ,for purposes of subparagraph 7,a71 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 communications under this section1 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 payments for such communications4 7#f7 ,applicable threshold defined 7,a7 ,in general ,for purposes of subparagraph 7,a71 the applicable threshold with respect to a communication is-- 7i7 #aj1jjj1 if the funds used to pay for the costs of the communication were derived exclusively from a separate1 segregated account which meets the requirements of subparagraph 7,b72 or 7ii7 #ej1jjj1 if the funds used to pay for the costs of the communication were not derived exclusively from such an account4 7,b7 ,requirements for accounts ,an account meets the requirements of this subparagraph if-- 7i7 the account is separate and segregated from the general fund of the person paying for the costs of communications which are subject to the requirements of this subsection2 and 7ii7 the account does not include any funds transferred from the general treasury of the person paying for the costs of such communications unless the funds were transferred during the #ab-month period ending on the date of the transmission of the communication or the date on which funds were disbursed for the communication 7whichever is earlier7 and the person who provided the funds to the general treasury gave written permission for the funds to be transferred to the account4 4 7c7 ,effective date ,the amendments made by this section shall apply with respect to communications made on or after ,january #a1 #bjbj4