[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3428-S3433]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1949. Ms. KLOBUCHAR (for herself, Ms. Hirono, Ms. Baldwin, Mr. Van
Hollen, Mrs. Shaheen, Ms. Smith, and Mr. Tester) submitted an amendment
intended to be proposed by her to the bill S. 4049, to authorize
appropriations for fiscal year 2021 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION _--SHIELD ACT PROVISIONS
SEC. 100. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Stopping Harmful Interference in Elections for a Lasting
Democracy Act'' or the ``SHIELD Act''.
(b) Table of Contents.--The table of contents of this
division is as follows:
DIVISION _--SHIELD ACT PROVISIONS
Sec. 100. Short title; table of contents.
TITLE I--ENHANCED REPORTING REQUIREMENTS
Subtitle A--Establishing Duty To Report Foreign Election Interference
Sec. 101. Federal campaign reporting of foreign contacts.
Sec. 102. Federal campaign foreign contact reporting compliance system.
Sec. 103. Criminal penalties.
Sec. 104. Rule of construction.
Subtitle B--Strengthening Oversight of Online Political Advertising
Sec. 111. Short title.
Sec. 112. Purpose.
Sec. 113. Expansion of definition of public communication.
Sec. 114. Expansion of definition of electioneering communication.
Sec. 115. Application of disclaimer statements to online
communications.
Sec. 116. Political record requirements for online platforms.
Sec. 117. Preventing contributions, expenditures, independent
expenditures, and disbursements for electioneering
communications by foreign nationals in the form of online
advertising.
TITLE II--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN
ELECTIONS
Sec. 201. Clarification of prohibition on participation by foreign
nationals in election-related activities.
Sec. 202. Clarification of application of foreign money ban to certain
disbursements and activities.
Sec. 203. Audit and report on illicit foreign money in Federal
elections.
Sec. 204. Prohibition on contributions and donations by foreign
nationals in connections with ballot initiatives and
referenda.
Sec. 205. Expansion of limitations on foreign nationals participating
in political advertising.
TITLE III--DETERRING FOREIGN INTERFERENCE IN ELECTIONS
Subtitle A--Deterrence Under Federal Election Campaign Act of 1971
Sec. 301. Restrictions on exchange of campaign information between
candidates and foreign powers.
Sec. 302. Clarification of standard for determining existence of
coordination between campaigns and outside interests.
Subtitle B--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
Sec. 311. Short title.
Sec. 312. Prohibition on deceptive practices in Federal elections.
Sec. 313. Corrective action.
Sec. 314. Reports to Congress.
TITLE IV--MISCELLANEOUS PROVISIONS
Sec. 401. Effective dates of provisions.
Sec. 402. Severability.
TITLE I--ENHANCED REPORTING REQUIREMENTS
Subtitle A--Establishing Duty To Report Foreign Election Interference
SEC. 101. FEDERAL CAMPAIGN REPORTING OF FOREIGN CONTACTS.
(a) Initial Notice.--
(1) In general.--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 to notify.--Not later than 1
week after a reportable foreign contact, each political
committee 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 to notify.--Not later than 3
days 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 a political
committee shall notify the treasurer or other designated
official of the 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, a political committee, or any official,
employee, or agent of such committee; and
``(II) an individual that the person described in subclause
(I) knows, has reason to know, or reasonably believes is a
covered foreign national; and
``(ii) the person described in clause (i)(I) knows, has
reason to know, or reasonably believes involves--
``(I) an offer or other proposal for 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 covered foreign
national in connection with an election.
``(B) Exception.--The term `reportable foreign contact'
shall not include any contact or communication with a covered
foreign national by an elected official or an employee of an
elected official solely in an official capacity as such an
official or employee. For purposes of the previous sentence,
a contact or communication by an elected official or an
employee of an elected official shall not be considered to be
made solely in an official
[[Page S3429]]
capacity if the contact or communication involves a
contribution, donation, expenditure, disbursement, or
solicitation described in section 319.
``(C) Covered foreign national defined.--
``(i) In general.--In this paragraph, the term `covered
foreign national' means--
``(I) a foreign principal (as defined in section 1(b) of
the Foreign Agents Registration Act of 1938 (22 U.S.C.
611(b)) that is a government of a foreign country or a
foreign political party;
``(II) any person who acts as an agent, representative,
employee, or servant, or any person who acts in any other
capacity at the order, request, or under the direction or
control, of a foreign principal described in subclause (I) or
of a person any of whose activities are directly or
indirectly supervised, directed, controlled, financed, or
subsidized in whole or in major part by a foreign principal
described in subclause (I); or
``(III) any person included in the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury pursuant to authorities relating to the imposition
of sanctions relating to the conduct of a foreign principal
described in subclause (I).
``(ii) Clarification regarding application to citizens of
the united states.--In the case of a citizen of the United
States, subclause (II) of clause (i) applies only to the
extent that the person involved acts within the scope of that
person's status as the agent of a foreign principal described
in subclause (I) of clause (i).''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reportable foreign contacts which
occur on or after the date of the enactment of this Act.
(b) Information Included on Report.--
(1) In general.--Section 304(b) of such Act (52 U.S.C.
30104(b)) is amended--
(A) by striking ``and'' at the end of paragraph (7);
(B) by striking the period at the end of paragraph (8) and
inserting ``; and''; and
(C) 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.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to reports filed on or after the
expiration of the 60-day period which begins on the date of
the enactment of this Act.
SEC. 102. FEDERAL CAMPAIGN FOREIGN CONTACT REPORTING
COMPLIANCE SYSTEM.
(a) In General.--Section 302 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding
at the end the following new subsection:
``(j) Reportable Foreign Contacts Compliance Policy.--
``(1) Reporting.--Each political 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 3 days after such contact was made.
``(2) Retention and preservation of records.--Each
political 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.
``(3) Certification.--
``(A) In general.--Upon filing its statement of
organization under section 303(a), and with each report filed
under section 304(a), the treasurer of each political
committee (other than an authorized committee) shall certify
that--
``(i) the committee has in place policies that meet the
requirements of paragraphs (1) and (2);
``(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.
``(B) Authorized committees.--With respect to an authorized
committee, the candidate shall make the certification
required under subparagraph (A).''.
(b) Effective Date.--
(1) In general.--The amendment made by subsection (a) shall
apply with respect to political committees which file a
statement of organization under section 303(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30103(a)) on or
after the date of the enactment of this Act.
(2) Transition rule for existing committees.--Not later
than 30 days after the date of the enactment of this Act,
each political committee under the Federal Election Campaign
Act of 1971 shall file a certification with the Federal
Election Commission that the committee is in compliance with
the requirements of section 302(j) of such Act (as added by
subsection (a)).
SEC. 103. 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(j) shall be fined not more than $500,000,
imprisoned not more than 5 years, or both.
``(F) Any person who knowingly and 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. 104. RULE OF CONSTRUCTION.
Nothing in this subtitle or the amendments made by this
subtitle shall be construed--
(1) to impede legitimate journalistic activities; or
(2) to impose any additional limitation on the right to
express political views or to participate in public discourse
of any individual who--
(A) resides in the United States;
(B) 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 (8 U.S.C. 1101(a)(22)); and
(C) 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)).
Subtitle B--Strengthening Oversight of Online Political Advertising
SEC. 111. SHORT TITLE.
This subtitle may be cited as the ``Honest Ads Act''.
SEC. 112. PURPOSE.
The purpose of this subtitle is to enhance the integrity of
American democracy and national security by improving
disclosure requirements for online political advertisements
in order to uphold the Supreme Court's well-established
standard that the electorate bears the right to be fully
informed.
SEC. 113. EXPANSION OF DEFINITION OF PUBLIC COMMUNICATION.
(a) In General.--Paragraph (22) of section 301 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30101(22))
is amended by striking ``or satellite communication'' and
inserting ``satellite, paid internet, or paid digital
communication''.
(b) Treatment of Contributions and Expenditures.--Section
301 of such Act (52 U.S.C. 30101) is amended--
(1) in paragraph (8)(B)--
(A) by striking ``on broadcasting stations, or in
newspapers, magazines, or similar types of general public
political advertising'' in clause (v) and inserting ``in any
public communication'';
(B) by striking ``broadcasting, newspaper, magazine,
billboard, direct mail, or similar type of general public
communication or political advertising'' in clause (ix)(1)
and inserting ``public communication''; and
(C) by striking ``but not including the use of
broadcasting, newspapers, magazines, billboards, direct mail,
or similar types of general public communication or political
advertising'' in clause (x) and inserting ``but not including
use in any public communication''; and
(2) in paragraph (9)(B)--
(A) by amending clause (i) to read as follows:
``(i) any news story, commentary, or editorial distributed
through the facilities of any broadcasting station or any
print, online, or digital newspaper, magazine, blog,
publication, or periodical, unless such broadcasting, print,
online, or digital facilities are owned or controlled by any
political party, political committee, or candidate;''; and
(B) in clause (iv), by striking ``on broadcasting stations,
or in newspapers, magazines, or similar types of general
public political advertising'' and inserting ``in any public
communication''.
(c) Disclosure and Disclaimer Statements.--Subsection (a)
of section 318 of such Act (52 U.S.C. 30120) is amended--
(1) by striking ``financing any communication through any
broadcasting station, newspaper, magazine, outdoor
advertising facility, mailing, or any other type of general
public political advertising'' and inserting ``financing any
public communication''; and
(2) by striking ``solicits any contribution through any
broadcasting station, newspaper, magazine, outdoor
advertising facility, mailing, or any other type of general
public political advertising'' and inserting ``solicits any
contribution through any public communication''.
SEC. 114. EXPANSION OF DEFINITION OF ELECTIONEERING
COMMUNICATION.
(a) Expansion to Online Communications.--
(1) Application to qualified internet and digital
communications.--
(A) In general.--Subparagraph (A) of section 304(f)(3) of
the Federal Election Campaign Act of 1971 (52 U.S.C.
30104(f)(3)(A)) is amended by striking ``or satellite
communication'' each place it appears in clauses (i) and (ii)
and inserting ``satellite, or qualified internet or digital
communication''.
[[Page S3430]]
(B) Qualified internet or digital communication.--Paragraph
(3) of section 304(f) of such Act (52 U.S.C. 30104(f)) is
amended by adding at the end the following new subparagraph:
``(D) Qualified internet or digital communication.--The
term `qualified internet or digital communication' means any
communication which is placed or promoted for a fee on an
online platform (as defined in subsection (k)(3)).''.
(2) Nonapplication of relevant electorate to online
communications.--Section 304(f)(3)(A)(i)(III) of such Act (52
U.S.C. 30104(f)(3)(A)(i)(III)) is amended by inserting ``any
broadcast, cable, or satellite'' before ``communication''.
(3) News exemption.--Section 304(f)(3)(B)(i) of such Act
(52 U.S.C. 30104(f)(3)(B)(i)) is amended to read as follows:
``(i) a communication appearing in a news story,
commentary, or editorial distributed through the facilities
of any broadcasting station or any online or digital
newspaper, magazine, blog, publication, or periodical, unless
such broadcasting, online, or digital facilities are owned or
controlled by any political party, political committee, or
candidate;''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to communications made on or after
January 1, 2021.
SEC. 115. APPLICATION OF DISCLAIMER STATEMENTS TO ONLINE
COMMUNICATIONS.
(a) Clear and Conspicuous Manner Requirement.--Subsection
(a) of section 318 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30120(a)) is amended--
(1) by striking ``shall clearly state'' each place it
appears in paragraphs (1), (2), and (3) and inserting ``shall
state in a clear and conspicuous manner''; and
(2) by adding at the end the following flush sentence:
``For purposes of this section, a communication does not make
a statement in a clear and conspicuous manner if it is
difficult to read or hear or if the placement is easily
overlooked.''.
(b) Special Rules for Qualified Internet or Digital
Communications.--
(1) In general.--Section 318 of such Act (52 U.S.C. 30120)
is amended by adding at the end the following new subsection:
``(e) Special Rules for Qualified Internet or Digital
Communications.--
``(1) Special rules with respect to statements.--In the
case of any communication to which this section applies which
is a qualified internet or digital communication (as defined
in section 304(f)(3)(D)) which is disseminated through a
medium in which the provision of all of the information
specified in this section is not possible, the communication
shall, in a clear and conspicuous manner--
``(A) state the name of the person who paid for the
communication; and
``(B) provide a means for the recipient of the
communication to obtain the remainder of the information
required under this section with minimal effort and without
receiving or viewing any additional material other than such
required information.
``(2) Safe harbor for determining clear and conspicuous
manner.--A statement in a qualified internet or digital
communication (as defined in section 304(f)(3)(D)) shall be
considered to be made in a clear and conspicuous manner as
provided in subsection (a) if the communication meets the
following requirements:
``(A) Text or graphic communications.--In the case of a
text or graphic communication, the statement--
``(i) appears in letters at least as large as the majority
of the text in the communication; and
``(ii) meets the requirements of paragraphs (2) and (3) of
subsection (c).
``(B) Audio communications.--In the case of an audio
communication, the statement is spoken in a clearly audible
and intelligible manner at the beginning or end of the
communication and lasts at least 3 seconds.
``(C) Video communications.--In the case of a video
communication which also includes audio, the statement--
``(i) is included at either the beginning or the end of the
communication; and
``(ii) is made both in--
``(I) a written format that meets the requirements of
subparagraph (A) and appears for at least 4 seconds; and
``(II) an audible format that meets the requirements of
subparagraph (B).
``(D) Other communications.--In the case of any other type
of communication, the statement is at least as clear and
conspicuous as the statement specified in subparagraph (A),
(B), or (C).''.
(2) Nonapplication of certain exceptions.--The exceptions
provided in section 110.11(f)(1)(i) and (ii) of title 11,
Code of Federal Regulations, or any successor to such rules,
shall have no application to qualified internet or digital
communications (as defined in section 304(f)(3)(D) of the
Federal Election Campaign Act of 1971, as added by this Act).
(c) Modification of Additional Requirements for Certain
Communications.--Section 318(d) of such Act (52 U.S.C.
30120(d)) is amended--
(1) in paragraph (1)(A)--
(A) by striking ``which is transmitted through radio'' and
inserting ``which is in an audio format''; and
(B) by striking ``By radio'' in the heading and inserting
``Audio format'';
(2) in paragraph (1)(B)--
(A) by striking ``which is transmitted through television''
and inserting ``which is in video format''; and
(B) by striking ``By television'' in the heading and
inserting ``Video format''; and
(3) in paragraph (2)--
(A) by striking ``transmitted through radio or television''
and inserting ``made in audio or video format''; and
(B) by striking ``through television'' in the second
sentence and inserting ``in video format''.
SEC. 116. POLITICAL RECORD REQUIREMENTS FOR ONLINE PLATFORMS.
(a) In General.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104), as amended by section
101(a), is further amended by adding at the end the following
new subsection:
``(k) Disclosure of Certain Online Advertisements.--
``(1) In general.--
``(A) Requirements for online platforms.--An online
platform shall maintain, and make available for online public
inspection in machine readable format, a complete record of
any request to purchase on such online platform a qualified
political advertisement which is made by a person whose
aggregate requests to purchase qualified political
advertisements on such online platform during the calendar
year exceeds $500.
``(B) Requirements for advertisers.--Any person who
requests to purchase a qualified political advertisement on
an online platform shall provide the online platform with
such information as is necessary for the online platform to
comply with the requirements of subparagraph (A).
``(2) Contents of record.--A record maintained under
paragraph (1)(A) shall contain--
``(A) a digital copy of the qualified political
advertisement;
``(B) a description of the audience targeted by the
advertisement, the number of views generated from the
advertisement, and the date and time that the advertisement
is first displayed and last displayed; and
``(C) information regarding--
``(i) the average rate charged for the advertisement;
``(ii) the name of the candidate to which the advertisement
refers and the office to which the candidate is seeking
election, the election to which the advertisement refers, or
the national legislative issue to which the advertisement
refers (as applicable);
``(iii) in the case of a request made by, or on behalf of,
a candidate, the name of the candidate, the authorized
committee of the candidate, and the treasurer of such
committee; and
``(iv) in the case of any request not described in clause
(iii), the name of the person purchasing the advertisement,
the name, address, and phone number of a contact person for
such person, and a list of the chief executive officers or
members of the executive committee or of the board of
directors of such person.
``(3) Online platform.--For purposes of this subsection,
the term `online platform' means any public-facing website,
web application, or digital application (including a social
network, ad network, or search engine) which--
``(A) sells qualified political advertisements; and
``(B) has 50,000,000 or more unique monthly United States
visitors or users for a majority of months during the
preceding 12 months.
``(4) Qualified political advertisement.--For purposes of
this subsection, the term `qualified political advertisement'
means any advertisement (including search engine marketing,
display advertisements, video advertisements, native
advertisements, and sponsorships) that--
``(A) is made by or on behalf of a candidate; or
``(B) communicates a message relating to any political
matter of national importance, including--
``(i) a candidate;
``(ii) any election to Federal office; or
``(iii) a national legislative issue of public importance.
``(5) Time to maintain file.--The information required
under this subsection shall be made available as soon as
possible and shall be retained by the online platform for a
period of not less than 4 years.
``(6) Penalties.--For penalties for failure by online
platforms, and persons requesting to purchase a qualified
political advertisement on online platforms, to comply with
the requirements of this subsection, see section 309.''.
(b) Rulemaking.--Not later than 90 days after the date of
the enactment of this Act, the Federal Election Commission
shall establish rules--
(1) requiring common data formats for the record required
to be maintained under section 304(k) of the Federal Election
Campaign Act of 1971 (as added by subsection (a)) so that all
online platforms submit and maintain data online in a common,
machine-readable and publicly accessible format; and
(2) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date.
(c) Reporting.--Not later than 2 years after the date of
the enactment of this Act, and biannually thereafter, the
Chairman of the Federal Election Commission shall submit a
report to Congress on--
[[Page S3431]]
(1) matters relating to compliance with and the enforcement
of the requirements of section 304(k) of the Federal Election
Campaign Act of 1971, as added by subsection (a);
(2) recommendations for any modifications to such section
to assist in carrying out its purposes; and
(3) identifying ways to bring transparency and
accountability to political advertisements distributed online
for free.
SEC. 117. PREVENTING CONTRIBUTIONS, EXPENDITURES, INDEPENDENT
EXPENDITURES, AND DISBURSEMENTS FOR
ELECTIONEERING COMMUNICATIONS BY FOREIGN
NATIONALS IN THE FORM OF ONLINE ADVERTISING.
Section 319 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30121) is amended by adding at the end the
following new subsection:
``(c) Each television or radio broadcast station, provider
of cable or satellite television, or online platform (as
defined in section 304(j)(3)) shall make reasonable efforts
to ensure that communications described in section 318(a) and
made available by such station, provider, or platform are not
purchased by a foreign national, directly or indirectly.''.
TITLE II--CLOSING LOOPHOLES ALLOWING SPENDING BY FOREIGN NATIONALS IN
ELECTIONS
SEC. 201. CLARIFICATION OF PROHIBITION ON PARTICIPATION BY
FOREIGN NATIONALS IN ELECTION-RELATED
ACTIVITIES.
(a) Clarification of Prohibition.--Section 319(a) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)) is
amended--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) a foreign national to direct, dictate, control, or
directly or indirectly participate in the decision-making
process of any person (including a corporation, labor
organization, political committee, or political organization)
with regard to such person's Federal or non-Federal election-
related activity, including any decision concerning the
making of contributions, donations, expenditures, or
disbursements in connection with an election for any Federal,
State, or local office or any decision concerning the
administration of a political committee.''.
(b) Certification of Compliance.--Section 319 of such Act
(52 U.S.C. 30121), as amended by section 117, is further
amended by adding at the end the following new subsection:
``(d) Certification of Compliance Required Prior to
Carrying Out Activity.--Prior to the making in connection
with an election for Federal office of any contribution,
donation, expenditure, independent expenditure, or
disbursement for an electioneering communication by a
corporation, limited liability corporation, or partnership
during a year, the chief executive officer of the
corporation, limited liability corporation, or partnership
(or, if the corporation, limited liability corporation, or
partnership does not have a chief executive officer, the
highest ranking official of the corporation, limited
liability corporation, or partnership), shall file a
certification with the Commission, under penalty of perjury,
that a foreign national did not direct, dictate, control, or
directly or indirectly participate in the decision-making
process relating to such activity in violation of subsection
(a)(3), unless the chief executive officer has previously
filed such a certification during that calendar year.''.
(c) Effective Date.--The amendments made by this section
shall take effect upon the expiration of the 180-day period
which begins on the date of the enactment of this Act.
SEC. 202. CLARIFICATION OF APPLICATION OF FOREIGN MONEY BAN
TO CERTAIN DISBURSEMENTS AND ACTIVITIES.
(a) Application to Disbursements to Super PACs.--Section
319(a)(1)(A) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121(a)(1)(A)) is amended by striking the semicolon
and inserting the following: ``, including any disbursement
to a political committee which accepts donations or
contributions that do not comply with the limitations,
prohibitions, and reporting requirements of this Act (or any
disbursement to or on behalf of any account of a political
committee which is established for the purpose of accepting
such donations or contributions);''.
(b) Conditions Under Which Corporate PACs May Make
Contributions and Expenditures.--Section 316(b) of such Act
(52 U.S.C. 30118(b)) is amended by adding at the end the
following new paragraph:
``(8) A separate segregated fund established by a
corporation may not make a contribution or expenditure during
a year unless the fund has certified to the Commission the
following during the year:
``(A) Each individual who manages the fund, and who is
responsible for exercising decision-making authority for the
fund, is a citizen of the United States or is lawfully
admitted for permanent residence in the United States.
``(B) No foreign national under section 319 participates in
any way in the decision-making processes of the fund with
regard to contributions or expenditures under this Act.
``(C) The fund does not solicit or accept recommendations
from any foreign national under section 319 with respect to
the contributions or expenditures made by the fund.
``(D) Any member of the board of directors of the
corporation who is a foreign national under section 319
abstains from voting on matters concerning the fund or its
activities.''.
SEC. 203. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY IN
FEDERAL ELECTIONS.
(a) In General.--Title III of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101 et seq.) is amended by inserting
after section 319 the following new section:
``SEC. 319A. AUDIT AND REPORT ON DISBURSEMENTS BY FOREIGN
NATIONALS.
``(a) Audit.--
``(1) In general.--The Commission shall conduct an audit
after each Federal election cycle to determine the incidence
of illicit foreign money in such Federal election cycle.
``(2) Procedures.--In carrying out paragraph (1), the
Commission shall conduct random audits of any disbursements
required to be reported under this Act, in accordance with
procedures established by the Commission.
``(b) Report.--Not later than 180 days after the end of
each Federal election cycle, the Commission shall submit to
Congress a report containing--
``(1) results of the audit required by subsection (a)(1);
and
``(2) recommendations to address the presence of illicit
foreign money in elections, as appropriate.
``(c) Definitions.--As used in this section:
``(1) The term `Federal election cycle' means the period
which begins on the day after the date of a regularly
scheduled general election for Federal office and which ends
on the date of the first regularly scheduled general election
for Federal office held after such date.
``(2) The term `illicit foreign money' means any
disbursement by a foreign national (as defined in section
319(b)) prohibited under such section.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to the Federal election cycle that
began during November 2018, and each succeeding Federal
election cycle.
SEC. 204. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY
FOREIGN NATIONALS IN CONNECTIONS WITH BALLOT
INITIATIVES AND REFERENDA.
(a) In General.--Section 319(a)(1)(A) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is
amended by striking ``election'' and inserting the following:
``election, including a State or local ballot initiative or
referendum''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to elections held in 2021 or any
succeeding year.
SEC. 205. EXPANSION OF LIMITATIONS ON FOREIGN NATIONALS
PARTICIPATING IN POLITICAL ADVERTISING.
(a) Disbursements Described.--Section 319(a)(1) of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1))
is amended--
(1) by striking ``or'' at the end of subparagraph (B); and
(2) by striking subparagraph (C) and inserting the
following:
``(C) an expenditure;
``(D) an independent expenditure;
``(E) a disbursement for an electioneering communication
(within the meaning of section 304(f)(3));
``(F) a disbursement for a communication which is placed or
promoted for a fee on a website, web application, or digital
application that refers to a clearly identified candidate for
election for Federal office and is disseminated within 60
days before a general, special, or runoff election for the
office sought by the candidate or 30 days before a primary or
preference election, or a convention or caucus of a political
party that has authority to nominate a candidate for the
office sought by the candidate;
``(G) a disbursement for a broadcast, cable or satellite
communication, or for a communication which is placed or
promoted for a fee on a website, web application, or digital
application, that promotes, supports, attacks, or opposes the
election of a clearly identified candidate for Federal,
State, or local office (regardless of whether the
communication contains express advocacy or the functional
equivalent of express advocacy);
``(H) a disbursement for a broadcast, cable, or satellite
communication, or for any communication which is placed or
promoted for a fee on an online platform (as defined in
section 304(k)(3)), that discusses a national legislative
issue of public importance in a year in which a regularly
scheduled general election for Federal office is held, but
only if the disbursement is made by a covered foreign
national described in section 304(j)(3)(C); or
``(I) a disbursement by a covered foreign national
described in section 304(j)(3)(C) to compensate any person
for internet activity that promotes, supports, attacks, or
opposes the election of a clearly identified candidate for
Federal, State, or local office (regardless of whether the
activity communication contains express advocacy or the
functional equivalent of express advocacy);''.
(b) Effective Date.--The amendments made by this section
shall apply with respect to disbursements made on or after
the date of the enactment of this Act.
[[Page S3432]]
TITLE III--DETERRING FOREIGN INTERFERENCE IN ELECTIONS
Subtitle A--Deterrence Under Federal Election Campaign Act of 1971
SEC. 301. RESTRICTIONS ON EXCHANGE OF CAMPAIGN INFORMATION
BETWEEN CANDIDATES AND FOREIGN POWERS.
Section 319 of the Federal Election Campaign Act of 1971
(52 U.S.C. 30121), as amended by section 117 and section
201(b), is further amended by adding at the end the following
new subsection:
``(e) Restrictions on Exchange of Information Between
Candidates and Foreign Powers.--
``(1) Treatment of offer to share nonpublic campaign
material as solicitation of contribution from foreign
national.--If a candidate or an individual affiliated with
the campaign of a candidate, or if a political committee or
an individual affiliated with a political committee, provides
or offers to provide nonpublic campaign material to a covered
foreign national or to another person whom the candidate,
committee, or individual knows or has reason to know will
provide the material to a covered foreign national, the
candidate, committee, or individual (as the case may be)
shall be considered for purposes of this section to have
solicited a contribution or donation described in subsection
(a)(1)(A) from a foreign national.
``(2) Definitions.--In this subsection, the following
definitions apply:
``(A) The term `candidate' means an individual who seeks
nomination for, or election to, any Federal, State, or local
public office.
``(B) The term `covered foreign national' has the meaning
given such term in section 304(j)(3)(C).
``(C) The term `individual affiliated with a campaign'
means, with respect to a candidate, an employee of any
organization legally authorized under Federal, State, or
local law to support the candidate's campaign for nomination
for, or election to, any Federal, State, or local public
office, as well as any independent contractor of such an
organization and any individual who performs services on
behalf of the organization, whether paid or unpaid.
``(D) The term `individual affiliated with a political
committee' means, with respect to a political committee, an
employee of the committee as well as any independent
contractor of the committee and any individual who performs
services on behalf of the committee, whether paid or unpaid.
``(E) The term `nonpublic campaign material' means, with
respect to a candidate or a political committee, campaign
material that is produced by the candidate or the committee
or produced at the candidate or committee's expense or
request which is not distributed or made available to the
general public or otherwise in the public domain, including
polling and focus group data and opposition research, except
that such term does not include material produced for
purposes of consultations relating solely to the candidate's
or committee's position on a legislative or policy matter.''.
SEC. 302. CLARIFICATION OF STANDARD FOR DETERMINING EXISTENCE
OF COORDINATION BETWEEN CAMPAIGNS AND OUTSIDE
INTERESTS.
Section 315(a) of the Federal Election Campaign Act of 1971
(52 U.S.C. 30116(a)) is amended by adding at the end the
following new paragraph:
``(10) For purposes of paragraph (7), an expenditure or
disbursement may be considered to have been made in
cooperation, consultation, or concert with, or coordinated
with, a person without regard to whether or not the
cooperation, consultation, or coordination is carried out
pursuant to agreement or formal collaboration.''.
Subtitle B--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ``Deceptive Practices and
Voter Intimidation Prevention Act of 2020''.
SEC. 312. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL
ELECTIONS.
(a) Prohibition.--Subsection (b) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by inserting at the end the following new paragraphs:
``(2) False statements regarding federal elections.--
``(A) Prohibition.--No person, whether acting under color
of law or otherwise, shall, within 60 days before an election
described in paragraph (5), by any means, including by means
of written, electronic, or telephonic communications,
communicate or cause to be communicated information described
in subparagraph (B), or produce information described in
subparagraph (B) with the intent that such information be
communicated, if such person--
``(i) knows such information to be materially false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
paragraph (5).
``(B) Information described.--Information is described in
this subparagraph if such information is regarding--
``(i) the time, place, or manner of holding any election
described in paragraph (5); or
``(ii) the qualifications for or restrictions on voter
eligibility for any such election, including--
``(I) any criminal penalties associated with voting in any
such election; or
``(II) information regarding a voter's registration status
or eligibility.
``(3) False statements regarding public endorsements.--
``(A) Prohibition.--No person, whether acting under color
of law or otherwise, shall, within 60 days before an election
described in paragraph (5), by any means, including by means
of written, electronic, or telephonic communications,
communicate, or cause to be communicated, a materially false
statement about an endorsement, if such person--
``(i) knows such statement to be false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
paragraph (5).
``(B) Definition of `materially false'.--For purposes of
subparagraph (A), a statement about an endorsement is
`materially false' if, with respect to an upcoming election
described in paragraph (5)--
``(i) the statement states that a specifically named
person, political party, or organization has endorsed the
election of a specific candidate for a Federal office
described in such paragraph; and
``(ii) such person, political party, or organization has
not endorsed the election of such candidate.
``(4) Hindering, interfering with, or preventing voting or
registering to vote.--No person, whether acting under color
of law or otherwise, shall intentionally hinder, interfere
with, or prevent another person from voting, registering to
vote, or aiding another person to vote or register to vote in
an election described in paragraph (5).
``(5) Election described.--An election described in this
paragraph is any general, primary, run-off, or special
election held solely or in part for the purpose of nominating
or electing a candidate for the office of President, Vice
President, presidential elector, Member of the Senate, Member
of the House of Representatives, or Delegate or Commissioner
from a Territory or possession.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and inserting the
following:
``(1) Whenever any person''; and
(B) by adding at the end the following new paragraph:
``(2) Any person aggrieved by a violation of subsection
(b)(2), (b)(3), or (b)(4) may institute a civil action for
preventive relief, including an application in a United
States district court for a permanent or temporary
injunction, restraining order, or other order. In any such
action, the court, in its discretion, may allow the
prevailing party a reasonable attorney's fee as part of the
costs.''.
(2) Conforming amendments.--
(A) Subsection (e) of section 2004 of the Revised Statutes
(52 U.S.C. 10101(e)) is amended by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''.
(B) Subsection (g) of section 2004 of the Revised Statutes
(52 U.S.C. 10101(g)) is amended by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever'' and inserting the following:
``(a) Intimidation.--Whoever'';
(B) in subsection (a), as inserted by subparagraph (A), by
striking ``at any election'' and inserting ``at any general,
primary, run-off, or special election''; and
(C) by adding at the end the following new subsections:
``(b) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, within 60
days before an election described in subsection (e), by any
means, including by means of written, electronic, or
telephonic communications, to communicate or cause to be
communicated information described in subparagraph (B), or
produce information described in subparagraph (B) with the
intent that such information be communicated, if such
person--
``(i) knows such information to be materially false; and
``(ii) has the intent to mislead voters, or the intent to
impede or prevent another person from exercising the right to
vote in an election described in subsection (e).
``(B) Information described.--Information is described in
this subparagraph if such information is regarding--
``(i) the time or place of holding any election described
in subsection (e); or
``(ii) the qualifications for or restrictions on voter
eligibility for any such election, including--
``(I) any criminal penalties associated with voting in any
such election; or
``(II) information regarding a voter's registration status
or eligibility.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than
5 years, or both.
``(c) Hindering, Interfering With, or Preventing Voting or
Registering To Vote.--
``(1) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to
intentionally hinder, interfere with, or prevent another
person
[[Page S3433]]
from voting, registering to vote, or aiding another person to
vote or register to vote in an election described in
subsection (e).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than
5 years, or both.
``(d) Attempt.--Any person who attempts to commit any
offense described in subsection (a), (b)(1), or (c)(1) shall
be subject to the same penalties as those prescribed for the
offense that the person attempted to commit.
``(e) Election Described.--An election described in this
subsection is any general, primary, run-off, or special
election held solely or in part for the purpose of nominating
or electing a candidate for the office of President, Vice
President, presidential elector, Member of the Senate, Member
of the House of Representatives, or Delegate or Commissioner
from a Territory or possession.''.
(2) Modification of penalty for voter intimidation.--
Section 594(a) of title 18, United States Code, as amended by
paragraph (1), is amended by striking ``fined under this
title or imprisoned not more than one year'' and inserting
``fined not more than $100,000, imprisoned for not more than
5 years''.
(3) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 days after
the date of enactment of this Act, the United States
Sentencing Commission, pursuant to its authority under
section 994 of title 28, United States Code, and in
accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and
policy statements applicable to persons convicted of any
offense under section 594 of title 18, United States Code, as
amended by this section.
(B) Authorization.--The United States Sentencing Commission
may amend the Federal Sentencing Guidelines in accordance
with the procedures set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note) as though the
authority under that section had not expired.
(4) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or
for voting'' and inserting ``for registration to vote, for
voting, or for not voting''.
SEC. 313. CORRECTIVE ACTION.
(a) Corrective Action.--
(1) In general.--If the Attorney General receives a
credible report that materially false information has been or
is being communicated in violation of paragraphs (2) and (3)
of section 2004(b) of the Revised Statutes (52 U.S.C.
10101(b)), as added by section 312(a), and if the Attorney
General determines that State and local election officials
have not taken adequate steps to promptly communicate
accurate information to correct the materially false
information, the Attorney General shall, pursuant to the
written procedures and standards under subsection (b),
communicate to the public, by any means, including by means
of written, electronic, or telephonic communications,
accurate information designed to correct the materially false
information.
(2) Communication of corrective information.--Any
information communicated by the Attorney General under
paragraph (1)--
(A) shall--
(i) be accurate and objective;
(ii) consist of only the information necessary to correct
the materially false information that has been or is being
communicated; and
(iii) to the extent practicable, be by a means that the
Attorney General determines will reach the persons to whom
the materially false information has been or is being
communicated; and
(B) shall not be designed to favor or disfavor any
particular candidate, organization, or political party.
(b) Written Procedures and Standards for Taking Corrective
Action.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish
written procedures and standards for determining when and how
corrective action will be taken under this section.
(2) Inclusion of appropriate deadlines.--The procedures and
standards under paragraph (1) shall include appropriate
deadlines, based in part on the number of days remaining
before the upcoming election.
(3) Consultation.--In developing the procedures and
standards under paragraph (1), the Attorney General shall
consult with the Election Assistance Commission, State and
local election officials, civil rights organizations, voting
rights groups, voter protection groups, and other interested
community organizations.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General such sums as may
be necessary to carry out this subtitle.
SEC. 314. REPORTS TO CONGRESS.
(a) In General.--Not later than 180 days after each general
election for Federal office, the Attorney General shall
submit to Congress a report compiling all allegations
received by the Attorney General of deceptive practices
described in paragraphs (2), (3), and (4) of section 2004(b)
of the Revised Statutes (52 U.S.C. 10101(b)), as added by
section 312(a), relating to the general election for Federal
office and any primary, run-off, or a special election for
Federal office held in the 2 years preceding the general
election.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include--
(A) a description of each allegation of a deceptive
practice described in subsection (a), including the
geographic location, racial and ethnic composition, and
language minority-group membership of the persons toward whom
the alleged deceptive practice was directed;
(B) the status of the investigation of each allegation
described in subparagraph (A);
(C) a description of each corrective action taken by the
Attorney General under section 4(a) in response to an
allegation described in subparagraph (A);
(D) a description of each referral of an allegation
described in subparagraph (A) to other Federal, State, or
local agencies;
(E) to the extent information is available, a description
of any civil action instituted under section 2004(c)(2) of
the Revised Statutes (52 U.S.C. 10101(c)(2)), as added by
section 312(b), in connection with an allegation described in
subparagraph (A); and
(F) a description of any criminal prosecution instituted
under section 594 of title 18, United States Code, as amended
by section 3(c), in connection with the receipt of an
allegation described in subparagraph (A) by the Attorney
General.
(2) Exclusion of certain information.--
(A) In general.--The Attorney General shall not include in
a report submitted under subsection (a) any information
protected from disclosure by rule 6(e) of the Federal Rules
of Criminal Procedure or any Federal criminal statute.
(B) Exclusion of certain other information.--The Attorney
General may determine that the following information shall
not be included in a report submitted under subsection (a):
(i) Any information that is privileged.
(ii) Any information concerning an ongoing investigation.
(iii) Any information concerning a criminal or civil
proceeding conducted under seal.
(iv) Any other nonpublic information that the Attorney
General determines the disclosure of which could reasonably
be expected to infringe on the rights of any individual or
adversely affect the integrity of a pending or future
criminal investigation.
(c) Report Made Public.--On the date that the Attorney
General submits the report under subsection (a), the Attorney
General shall also make the report publicly available through
the internet and other appropriate means.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. EFFECTIVE DATES OF PROVISIONS.
Each provision of this division and each amendment made by
a provision of this division shall take effect on the
effective date provided under this division for such
provision or such amendment without regard to whether or not
the Federal Election Commission, the Attorney General, or any
other person has promulgated regulations to carry out such
provision or such amendment.
SEC. 402. SEVERABILITY.
If any provision of this division or any amendment made by
this division, or the application of a provision of this
division or an amendment made by this division to any person
or circumstance, is held to be unconstitutional, the
remainder of this division, and the application of the
provisions to any person or circumstance, shall not be
affected by the holding.
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