[Congressional Record Volume 165, Number 106 (Monday, June 24, 2019)]
[Senate]
[Pages S4463-S4464]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 845. Mr. WARNER (for himself, Mrs. Shaheen, Mr. Reed, Mr. King,
Mr. Bennet, and Ms. Harris) submitted an amendment intended to be
proposed by him to the bill 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;
which was referred to the Committee on Rules and Administration; as
follows:
Strike all after the enacting clause and insert the
following:
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--
[[Page S4464]]
``(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 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; and
``(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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