Follow the Money Transparency Act of 2024
Purpose:
To enhance public trust and combat corruption by ensuring transparency in affiliations that influence public policy, decision-making, and opinion formation, specifically addressing areas not adequately covered by the Corporate Transparency Act (CTA) while respecting individual liberties and promoting voluntary compliance.
Section 1: Short Title
This Act may be cited as the “Follow the Money Transparency Act of 2024.”
Section 2: Findings
- Transparency in the sources of influence is vital for an informed public and to prevent corruption.
- Financial and influential relationships can significantly affect the impartiality of individuals and organizations in public life.
Section 3: Definitions
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Public Figure: Any individual with a significant capacity to influence public opinion on policy, including elected officials, appointees, journalists, or content creators with over 10,000 followers/subscribers or notable public reach.
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Media Entity: Organizations that produce or distribute news, information, or opinion content.
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Affiliation: Any relationship where:
- Financial support exceeds $10,000 USD annually or constitutes 5% or more of total revenue, or
- Non-financial influence that materially affects public policy or opinion is exerted, including strategic roles like board memberships or advisory positions.
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Beneficial Owner: An individual who, directly or indirectly:
- Exercises substantial control over the entity, or
- Owns or controls at least 5% of the voting rights or equity interests of the entity.
Section 4: Disclosure Requirements
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Voluntary Opt-In for Small Entities: Entities with less than $500,000 USD in revenue or under 10,000 followers/subscribers can opt into the disclosure system unless they engage in significant political lobbying or advocacy.
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Public Figures and Media Entities must:
- Report affiliations relevant to their public actions or statements in a government-managed, anonymized database, accessible via their official platforms.
- Update disclosures within 30 days of significant changes related to policy or opinion influence, reducing to 10 days for changes that could materially affect current public debates or policy decisions.
- For entities formed on or after January 1, 2024, report company applicants in addition to beneficial owners.
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Entities Subject to CTA: Must report additional details not covered by CTA if they fall within the above definitions of Public Figure or Media Entity.
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Exemption for Personal Expression: No disclosure is required that would infringe on free speech rights related to personal opinions or artistic expressions.
Section 5: Integration with CTA
- This Act complements the CTA by focusing on transparency regarding entities influencing public policy and opinion, where CTA addresses ownership transparency to combat financial crimes.
Section 6: Privacy Protections
- All disclosures will have personal identifiers redacted in public records, with full details only accessible to authorized oversight bodies under strict confidentiality.
Section 7: Enforcement and Incentives
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A Transparency Oversight Commission will:
- Oversee compliance with AI-assisted monitoring for efficiency.
- Offer incentives such as tax credits for entities exceeding compliance standards.
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Penalties for non-compliance include:
- Fines up to $10,000 per instance for non-disclosure or misleading disclosure, focusing on intentional violations.
- Requirement for public correction.
Section 8: Government Data Usage Limitation
- The use of disclosed information by government entities is strictly limited to oversight for corruption prevention, with severe penalties for misuse.
Section 9: State Flexibility
- States may implement stricter transparency regulations, but this Act sets the minimum federal standard.
Section 10: Sunset Clause
- This Act shall expire 10 years after enactment unless Congress votes to extend it.
Section 11: Implementation
- Effective 180 days post-passage, with establishment of:
- The Transparency Oversight Commission.
- Guidelines for what constitutes “significant influence” on policy or public opinion, ensuring no duplication with CTA requirements.
Section 12: Severability
- If any provision of this Act is invalidated, the remainder shall remain in effect.