Sec. 6. Disclosure of true identity of source of funding of campaign advertisements
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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: The person making a disbursement of funds for a communication described in paragraph
(3)of subsection
(a)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 funds. For purposes of this paragraph, such best efforts shall include the making of multiple requests (if necessary) to contributors to determine whether the funds provided by the contributors were transferred (either directly or indirectly) by other persons. For purposes of this subsection, a political committee shall not be considered a source of funds used for a disbursement for a communication described in paragraph
(3)of subsection (a), 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 Act. . Section 318 of such Act ( 52 U.S.C. 30120 ), as amended by subsection (a), is further amended by adding at the end the following new subsection: Any communication described in paragraph
(3)of subsection (a), shall, in addition to including the information required under such paragraph and under paragraph
(2)of subsection (d), include the Top Three Funders list (if applicable). This subsection does not apply with respect to a communication paid for exclusively by a political committee of a political party. In the case of a communication to which this subsection applies which is transmitted through a video format (including through television or through the Internet or similar digital format if the transmission includes a video component), the information required under paragraph
(1)shall appear in writing at the end of the communication in a clearly readable manner, with a reasonable degree of color contrast between the background and the printed statement, for a period of at least 4 seconds. In the case of a communication to which this subsection applies which is transmitted in audio format (including through radio or through the Internet or similar digital format if the transmission includes an audio component), the information required under paragraph
(1)shall include, in a clearly spoken manner, the following audio statement: Top funders include _______ , with the blank filled in with the names of the persons on the Top Three Funders list. 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
(2)or paragraph (3), the information required under paragraph
(1)shall appear in a clearly readable manner, with a reasonable degree of color contrast between the background and the printed statement. The term Top Three Funders list means, with respect to a communication, a list of the three persons who, during the 12-month period ending on the date of the transmission of the communication or the date on which funds were disbursed for the communication (whichever is earlier), 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 provided. If two or more people provided the third largest of such payments, the person who provided the most recent of such payments shall be included on the Top Three Funders list. For purposes of subparagraph (A), in determining the amount of payments made by a person to a person paying for a communication, there shall be excluded the following: Any amounts provided in the ordinary course of any trade or business conducted by the person paying for the communication or in the form of investments in the person paying for the communication. Any payment which the person prohibited, in writing, from being used for communications under this section, 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 communications. For purposes of subparagraph (A), the applicable threshold with respect to a communication is— $10,000, if the funds used to pay for the costs of the communication were derived exclusively from a separate, segregated account which meets the requirements of subparagraph (B); or $50,000, if the funds used to pay for the costs of the communication were not derived exclusively from such an account. An account meets the requirements of this subparagraph if— 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 subsection; and 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 12-month period ending on the date of the transmission of the communication or the date on which funds were disbursed for the communication (whichever is earlier) and the person who provided the funds to the general treasury gave written permission for the funds to be transferred to the account. . The amendments made by this section shall apply with respect to communications made on or after January 1, 2020.
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Sec. 6
Disclosure of true identity of source of funding of campaign advertisements
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