[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2242 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2242

   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 Presidential 
               campaigns to detect and report such acts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 23, 2019

Mr. Warner (for himself, Mrs. Shaheen, Mr. Reed, Mr. King, Mr. Bennet, 
and Ms. Harris) 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 Presidential 
               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.

    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 of a 
        candidate for the office of President shall notify the Federal 
        Bureau of Investigation and 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 for the office of President 
                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 of a candidate for the office of 
                President 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 for the office of 
                                President, an authorized committee of 
                                such 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.''.

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 of a 
                candidate for the office of President 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 of a candidate for the office of 
                President 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 for the office of President, 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 meet the requirements of subparagraphs (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 section 304(j) 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.
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