S. 5136

119 S5136 IS: Promoting Authenticity with Influencer Disclaimers Act
 U.S. Senate
 2026-07-27
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 EN
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 II  119th CONGRESS  2d Session  S. 5136  IN THE SENATE OF THE UNITED STATES   July 27, 2026   Mr. Schiff  introduced the following bill; which was read twice and referred to the  Committee on Rules and Administration    A BILL
To amend the Federal Election Campaign Act of 1971 to require a disclaimer for certain communications paid for by a political committee, and for other purposes.
1.
Short title
This Act may be cited as the   Promoting Authenticity with Influencer Disclaimers Act  .
2.
Requiring disclaimers on certain communications
(a)
Requirement
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)
Special disclaimer for certain communications
(1)
Requirement
Whenever a political committee makes a disbursement for the purpose of financing any communication by a person to post content on an internet website, web application, or digital application, such communication shall state in a clear and conspicuous manner that the communication has been paid for by such political committee.
(2)
Clear and conspicuous manner
A statement required under this subsection shall be considered to be made in a clear and conspicuous manner if the statement meets the following requirements:
(A)
Audiovisual, text, or graphic communication
In the case of an audiovisual, text, or graphic communication, the statement is readily legible to an average viewer.
(B)
Audio only communications
In the case of an audio communication, the statement is spoken in a clearly audible and intelligible manner.
(3)
Notification requirement
A political committee described under paragraph (1) shall notify the person to whom the disbursement is made of the requirement under paragraph (1) at the time such disbursement is made for the communication.
(4)
Exception
(A)
In general
This subsection shall not apply to—
(i)
content posted on a political committee’s own website; or
(ii)
content posted by a compensated employee of a committee on the employee’s own social media page or account where the only expense or cost of the communication is compensated staff time.
(B)
Special rule
This exception shall not apply if the compensated employee’s principal duties are to post content on their own social media page or account.
(5)
Regulations
Not later than January 1, 2027, the Commission shall promulgate regulations to carry out this subsection.
 .
(b)
Effective date
The amendments made by this section shall apply with respect to communications 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.