[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1562 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1562

   To amend the Federal Election Campaign Act of 1971 to clarify the 
  obligation to report acts of foreign election influence and require 
implementation of compliance and reporting systems by Federal campaigns 
                    to detect and report such acts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 21, 2019

  Mr. Warner 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 clarify the 
  obligation to report acts of foreign election influence and require 
implementation of compliance and reporting systems by Federal campaigns 
                    to detect and report such acts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Influence Reporting in 
Elections Act''.

SEC. 2. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.

    (a) Initial Notice.--Section 304 of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30104) is amended by adding at the end the 
following new subsection:
    ``(j) Disclosure of Reportable Foreign Contacts.--
            ``(1) Committee obligation.--Not later than 1 week after a 
        reportable foreign contact, each authorized committee shall 
        notify the Commission of the reportable foreign contact and 
        provide a summary of the circumstances with respect to such 
        reportable foreign contact.
            ``(2) Individual obligation.--Not later than 1 week after a 
        reportable foreign contact--
                    ``(A) each candidate shall notify the treasurer or 
                other designated official of the principal campaign 
                committee of such candidate of the reportable foreign 
                contact and provide a summary of the circumstances with 
                respect to such reportable foreign contact; and
                    ``(B) each official, employee, or agent of an 
                authorized committee shall notify the treasurer or 
                other designated official of the authorized committee 
                of the reportable foreign contact and provide a summary 
                of the circumstances with respect to such reportable 
                foreign contact.
            ``(3) Reportable foreign contact.--In this subsection:
                    ``(A) In general.--The term `reportable foreign 
                contact' means any direct or indirect contact or 
                communication that--
                            ``(i) is between--
                                    ``(I) a candidate, an authorized 
                                committee of a candidate, or any 
                                official, employee, or agent of such 
                                authorized committee; and
                                    ``(II) a foreign national (as 
                                defined in section 319(b)) or a person 
                                that the person described in subclause 
                                (I) believes to be a foreign national; 
                                and
                            ``(ii) the person described in clause 
                        (i)(I) knows, has reason to know, or reasonably 
                        believes involves--
                                    ``(I) a contribution, donation, 
                                expenditure, disbursement, or 
                                solicitation described in section 319; 
                                or
                                    ``(II) coordination or 
                                collaboration with, an offer or 
                                provision of information or services to 
                                or from, or persistent and repeated 
                                contact with a government of a foreign 
                                country or an agent thereof.
                    ``(B) Exception.--Such term shall not include any 
                contact or communication with a foreign government or 
                an agent of a foreign principal by an elected official 
                or an employee of an elected official solely in an 
                official capacity as such an official or employee.''.
    (b) Information Included on Quarterly Report.--Section 304(b) of 
such Act (52 U.S.C. 30104(b)) is amended by striking ``and'' at the end 
of paragraph (7), by striking the period at the end of paragraph (8) 
and inserting ``; and'', and by adding at the end the following new 
paragraph:
            ``(9) for any reportable foreign contact (as defined in 
        subsection (j)(3))--
                    ``(A) the date, time, and location of the contact;
                    ``(B) the date and time of when a designated 
                official of the committee was notified of the contact;
                    ``(C) the identity of individuals involved; and
                    ``(D) a description of the contact, including the 
                nature of any contribution, donation, expenditure, 
                disbursement, or solicitation involved and the nature 
                of any activity described in subsection 
                (j)(3)(A)(ii)(II) involved.''.
    (c) Notification to the FBI.--Not later than 1 week after receiving 
a notification or report under section 304(j), the Federal Election 
Commission shall notify the Federal Bureau of Investigation of any 
reportable foreign contact (as defined in section 304(j) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30104), as added by this 
section).

SEC. 3. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING COMPLIANCE SYSTEM.

    Section 302(e) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30102(e)) is amended by adding at the end the following new 
paragraph:
            ``(6) Reportable foreign contacts compliance policy.--
                    ``(A) Reporting.--Each authorized committee shall 
                establish a policy that requires all officials, 
                employees, and agents of such committee to notify the 
                treasurer or other appropriate designated official of 
                the committee of any reportable foreign contact (as 
                defined in section 304(j)) not later than 1 week after 
                such contact was made.
                    ``(B) Retention and preservation of records.--Each 
                authorized committee shall establish a policy that 
                provides for the retention and preservation of records 
                and information related to reportable foreign contacts 
                (as so defined) for a period of not less than 3 years.
                    ``(C) Certification.--Upon designation of a 
                political committee as an authorized committee by a 
                candidate, and with each report filed by such committee 
                under section 304(a), the candidate shall certify 
                that--
                            ``(i) the committee has in place policies 
                        that meets the requirements of subparagraph (A) 
                        and (B);
                            ``(ii) the committee has designated an 
                        official to monitor compliance with such 
                        policies; and
                            ``(iii) not later than 1 week after the 
                        beginning of any formal or informal affiliation 
                        with the committee, all officials, employees, 
                        and agents of such committee will--
                                    ``(I) receive notice of such 
                                policies;
                                    ``(II) be informed of the 
                                prohibitions under section 319; and
                                    ``(III) sign a certification 
                                affirming their understanding of such 
                                policies and prohibitions.''.

SEC. 4. CRIMINAL PENALTIES.

    Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30109(d)(1)) is amended by adding at the end the following new 
subparagraphs:
                    ``(E) Any person who knowingly and willfully 
                commits a violation of subsection (j) or (b)(9) of 
                section 304 or section 302(e)(6) shall be fined not 
                more than $500,000, imprisoned not more than 5 years, 
                or both.
                    ``(F) Any person who knowingly or willfully 
                conceals or destroys any materials relating to a 
                reportable foreign contact (as defined in section 
                304(j)) shall be fined not more than $1,000,000, 
                imprisoned not more than 5 years, or both.''.

SEC. 5. RULE OF CONSTRUCTION.

    Nothing in this Act or the amendments made by this Act shall be 
construed--
            (1) to impede legitimate journalistic activities; or
            (2) to impose any additional limitation on the right of any 
        individual who is not a citizen of the United States or a 
        national of the United States (as defined in section 101(a)(22) 
        of the Immigration and Nationality Act) and who is not lawfully 
        admitted for permanent residence, as defined by section 
        101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 
        1101(a)(20)) to express political views or to participate in 
        public discourse.
                                 <all>