[House Report 116-253]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-253
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 4617) 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, AND FOR OTHER PURPOSES
_______
October 22, 2019.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Hastings, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 650]
The Committee on Rules, having had under consideration
House Resolution 650, by a record vote of 9 to 2, report the
same to the House with the recommendation that the resolution
be adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 4617, the
SHIELD Act, under a structured rule. The resolution provides
one hour of general debate on the bill equally divided and
controlled by the chair and ranking minority member of the
Committee on House Administration. The resolution waives all
points of order against consideration of the bill. The
resolution makes in order as original text for the purpose of
amendment an amendment in the nature of a substitute consisting
of the text of Rules Committee Print 116-35, as modified by the
amendment printed in Part A of this report, and provides that
it shall be considered as read. The resolution waives all
points of order against that amendment in the nature of a
substitute. The resolution makes in order only those amendments
printed in Part B of this report. Each such amendment may be
offered only in the order printed in this report, may be
offered only by a Member designated in this report, shall be
considered as read, shall be debatable for the time specified
in this report equally divided and controlled by the proponent
and an opponent, shall not be subject to amendment, and shall
not be subject to a demand for division of the question in the
House or in the Committee of the Whole. The resolution waives
all points of order against the amendments printed in Part B of
this report. The resolution provides one motion to recommit
with or without instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 4617 includes waivers of the following:
Clause 12(b) of rule XXI, which prohibits
consideration of a bill unless there is a searchable
electronic comparative print that shows how the text of
the bill as proposed to be considered differs from the
text of the bill as reported.
Section 103(i) of H. Res. 6, which prohibits
consideration of a reported bill unless the committee
report designates a hearing used to develop or consider
the bill. This waiver is technical in nature--while the
report of the Committee on House Administration lists
three hearings that were used to develop or consider
H.R. 4617, it references an incorrect bill number.
The waiver of all points of order against the amendment in
the nature of a substitute includes a waiver of clause 12(a)(2)
of rule XXI, which prohibits consideration of an amendment in
the nature of a substitute unless there is a searchable
electronic comparative print that shows how the amendment in
the nature of a substitute proposes to change current law.
Although the resolution waives all points of order against
the amendments printed in Part B of this report, the Committee
is not aware of any points of order. The waiver is prophylactic
in nature.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 182
Motion by Mr. Cole to report an open rule. Defeated: 2-9
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Nay Mr. Cole.......................... Yea
Mrs. Torres..................................... Nay Mr. Woodall....................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... ............
Mr. Raskin...................................... Nay Mrs. Lesko........................ ............
Ms. Scanlon..................................... Nay
Mr. Morelle..................................... Nay
Ms. Shalala..................................... Nay
Mr. DeSaulnier.................................. Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------
Rules Committee record vote No. 183
Motion by Mr. Hastings to report the rule. Adopted: 9-2
----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mr. Hastings.................................... Yea Mr. Cole.......................... Nay
Mrs. Torres..................................... Yea Mr. Woodall....................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... ............
Mr. Raskin...................................... Yea Mrs. Lesko........................ ............
Ms. Scanlon..................................... Yea
Mr. Morelle..................................... Yea
Ms. Shalala..................................... Yea
Mr. DeSaulnier.................................. Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENT TO H.R. 4617 IN PART A CONSIDERED AS ADOPTED
1. Lofgren (CA): Amends the exception to the ``reportable
foreign contact'' for those contacts made for purposes of
enabling elections by international observers. Provides that
the exception does not apply if the contact involves illicit
campaign spending in contravention of the Federal Election
Campaign Act. Provides that improper interference in a United
States election is grounds for inadmissibility and
deportability. (10 minutes)
SUMMARY OF THE AMENDMENTS TO H.R. 4617 IN PART B
MADE IN ORDER
1. DeSaulnier (CA): Requires the FEC to notify states
within 30 days of making a determination that a foreign
national has initiated or attempted to initiate a
disinformation campaign targeted at an election in a state. (10
minutes)
2. Lesko (AZ): Strikes Section 313. (10 minutes)
3. Lynch (MA): Generally prohibits the use of deepfakes
within 60 days of a federal election and establishes
corresponding criminal and civil penalties. (10 minutes)
4. Levin, Andy (MI), McCaul (TX), Rouda (CA), Speier (CA),
Slotkin (MI): Prohibits foreign nationals from influencing
American elections by setting up shell companies. (10 minutes)
5. Langevin (RI), Slotkin (MI): Directs the Federal
Elections Commission to commission an independent study and
report on media literacy with respect to online political
content consumption among voting-age Americans. (10 minutes)
6. Swalwell (CA): Includes a candidate's immediate family
members among those whose direct or indirect contacts or
communications with a covered foreign national may amount to a
reportable foreign contact with the term immediate family
member meaning a candidate's parent, parent-in-law, spouse,
adult child, or sibling. (10 minutes)
7. Brown (MD): Requires the FBI to confirm receipt when a
political committee issues a notification that they have been
contacted by a reportable foreign contact. Additionally,
requires the FBI to submit a report to Congress on how they are
managing and responding to notifications from political
committees. (10 minutes)
8. Delgado (NY): Require the Federal Election Commission to
do an analysis of the extent to which illicit foreign money was
used to carry out disinformation and propaganda campaigns
focused on depressing turnout among rural communities and the
success or failure of these efforts, together with
recommendations to address these efforts in future elections.
(10 minutes)
9. Houlahan (PA): Codifies the FEC definition of
``substantial assistance'' for an illegal foreign transaction
and defines what it means to ``knowingly'' abet a foreign
entity, consistent with FEC regulations. (10 minutes)
10. Slotkin (MI): Directs GAO to conduct an assessment of
current exemptions of FARA registration requirements and what
adjustments should be made to prevent foreign funding from
influencing U.S. elections and political processes. (10
minutes)
11. Sherrill (NJ): Expands from 60 days before an election
to 90 days the provisions on knowingly prohibiting deceptive
practices in federal elections, including knowingly providing
false information about the time or place of voting,
qualifications for voting, or public endorsements. (10 minutes)
12. Cunningham (SC): Requires the Federal Election
Commission to include in its report to Congress an analysis of
disinformation campaigns focused on depressing turnout among
African-American and other minority communities. (10 minutes)
13. Cunningham (SC): Requires the Federal Election
Commission to include in its report to Congress an analysis of
disinformation campaigns focused on influencing military
servicemembers and veterans along with recommendations to
address these efforts. (10 minutes)
14. Spanberger (VA): Requires that online platform records
of purchase requests for qualified political advertisements
include a statement that a person is acting as the agent of a
foreign principal and the identification of the foreign
principal involved, when applicable. Qualified political
advertisements include ads related to national legislative
issues of public importance. (10 minutes)
PART A--TEXT OF AMENDMENT TO H.R. 4617 CONSIDERED AS ADOPTED
Page 5, strike lines 5 through 17 and insert the following:
``(B) Exceptions.--
``(i) Contacts in official capacity
as elected official.--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.
``(ii) Contacts for purposes of
enabling observation of elections by
international observers.--The term
`reportable foreign contact' shall not
include any contact or communication
with a covered foreign national by any
person which is made for purposes of
enabling the observation of elections
in the United States by a foreign
national or the observation of
elections outside of the United States
by a candidate, political committee, or
any official, employee, or agent of
such committee.
``(iii) Exceptions not applicable if
contacts or communications involve
prohibited disbursements.--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 capacity for
purposes of clause (i), and a contact
or communication shall not be
considered to be made for purposes of
enabling the observation of elections
for purposes of clause (ii), if the
contact or communication involves a
contribution, donation, expenditure,
disbursement, or solicitation described
in section 319.''.
Page 54, insert after line 14 the following new subtitle:
Subtitle C--Inadmissibility and Deportability of Aliens Engaging in
Improper Election Interference
SEC. 321. INADMISSIBILITY AND DEPORTABILITY OF ALIENS ENGAGING IN
IMPROPER INTERFERENCE IN UNITED STATES ELECTIONS.
(a) Inadmissibility.--Section 212(a)(3) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)(3)) is amended by adding
at the end the following:
``(H) Improper interference in a united
states election.--Any alien who a consular
officer, the Secretary of Homeland Security,
the Secretary of State, or the Attorney General
knows, or has reasonable grounds to believe, is
seeking admission to the United States to
engage in improper interference in a United
States election, or has engaged in improper
interference in a United States election, is
inadmissible.''.
(b) Deportability.--Section 237(a) of such Act (8 U.S.C.
1227(a)) is amended by adding at the end the following:
``(8) Improper interference in a united states
election.--Any alien who has engaged, is engaged, or at
any time after admission engages in improper
interference in a United States election is
deportable.''.
(c) Definition.--Section 101(a) of such Act (8 U.S.C.
1101(a)) is amended by adding at the end the following:
``(53) The term `improper interference in a United
States election' means conduct by an alien that--
``(A)(i) violates Federal criminal, voting
rights, or campaign finance law, or
``(ii) is performed by any person acting as
an agent of or on behalf of a foreign
government or criminal enterprise; and
``(B) includes any covert, fraudulent,
deceptive, or unlawful act or attempted act,
undertaken with the purpose or effect of
undermining public confidence in election
processes or institutions, or influencing,
undermining confidence in, or altering the
result or reported result of, a general or
primary Federal, State, or local election or
caucus, including--
``(i) the campaign of a candidate; or
``(ii) a ballot measure, including an
amendment, a bond issue, an initiative,
a recall, a referral, or a
referendum.''.
----------
PART B--TEXT OF AMENDMENTS TO H.R. 4617 MADE IN ORDER
1. An Amendment To Be Offered by Representative Desaulnier of
California or His Designee, Debatable for 10 Minutes
Page 54, insert after line 14 the following:
Subtitle C--Notifying States of Disinformation Campaigns by Foreign
Nationals
SEC. 321. NOTIFYING STATES OF DISINFORMATION CAMPAIGNS BY FOREIGN
NATIONALS.
(a) Requiring Disclosure.--If the Federal Election Commission
makes a determination that a foreign national has initiated or
has attempted to initiate a disinformation campaign targeted at
an election for public office held in a State, the Commission
shall notify the State involved of the determination not later
than 30 days after making the determination.
(b) Definitions.--In this section the term ``foreign
national'' has the meaning given such term in section 319(b) of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)).
----------
2. An Amendment To Be Offered by Representative Lesko of Arizona or Her
Designee, Debatable for 10 Minutes
Strike section 313 (and redesignate the succeeding sections
accordingly).
----------
3. An Amendment To Be Offered by Representative Lynch of Massachusetts
or His Designee, Debatable for 10 Minutes
Page 54, insert after line 14 the following:
Subtitle C--Prohibiting Use of Deepfakes in Election Campaigns
SEC. 321. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE AUDIO OR
VISUAL MEDIA PRIOR TO ELECTION.
(a) In General.--Title III of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30101 et seq.), as amended by section
203, is further amended by adding at the end the following new
section:
``SEC. 325. PROHIBITION ON DISTRIBUTION OF MATERIALLY DECEPTIVE MEDIA
PRIOR TO ELECTION.
``(a) In General.--Except as provided in subsections (b) and
(c), a person, political committee, or other entity shall not,
within 60 days of a election for Federal office at which a
candidate for elective office will appear on the ballot,
distribute, with actual malice, materially deceptive audio or
visual media of the candidate with the intent to injure the
candidate's reputation or to deceive a voter into voting for or
against the candidate.
``(b) Exception.--
``(1) Required language.--The prohibition in
subsection (a) does not apply if the audio or visual
media includes--
``(A) a disclosure stating: ``This _____ has
been manipulated.''; and
``(B) filled in the blank in the disclosure
under subparagraph (A), the term `image',
`video', or `audio', as most accurately
describes the media.
``(2) Visual media.--For visual media, the text of
the disclosure shall appear in a size that is easily
readable by the average viewer and no smaller than the
largest font size of other text appearing in the visual
media. If the visual media does not include any other
text, the disclosure shall appear in a size that is
easily readable by the average viewer. For visual media
that is video, the disclosure shall appear for the
duration of the video.
``(3) Audio-only media.--If the media consists of
audio only, the disclosure shall be read in a clearly
spoken manner and in a pitch that can be easily heard
by the average listener, at the beginning of the audio,
at the end of the audio, and, if the audio is greater
than two minutes in length, interspersed within the
audio at intervals of not greater than two minutes
each.
``(c) Inapplicability to Certain Entities.--This section does
not apply to the following:
``(1) A radio or television broadcasting station,
including a cable or satellite television operator,
programmer, or producer, that broadcasts materially
deceptive audio or visual media prohibited by this
section as part of a bona fide newscast, news
interview, news documentary, or on-the-spot coverage of
bona fide news events, if the broadcast clearly
acknowledges through content or a disclosure, in a
manner that can be easily heard or read by the average
listener or viewer, that there are questions about the
authenticity of the materially deceptive audio or
visual media.
``(2) A radio or television broadcasting station,
including a cable or satellite television operator,
programmer, or producer, when it is paid to broadcast
materially deceptive audio or visual media.
``(3) An internet website, or a regularly published
newspaper, magazine, or other periodical of general
circulation, including an internet or electronic
publication, that routinely carries news and commentary
of general interest, and that publishes materially
deceptive audio or visual media prohibited by this
section, if the publication clearly states that the
materially deceptive audio or visual media does not
accurately represent the speech or conduct of the
candidate.
``(4) Materially deceptive audio or visual media that
constitutes satire or parody.
``(d) Civil Action.--
``(1) Injunctive or other equitable relief.--A
candidate for elective office whose voice or likeness
appears in a materially deceptive audio or visual media
distributed in violation of this section may seek
injunctive or other equitable relief prohibiting the
distribution of audio or visual media in violation of
this section. An action under this paragraph shall be
entitled to precedence in accordance with the Federal
Rules of Civil Procedure.
``(2) Damages.--A candidate for elective office whose
voice or likeness appears in a materially deceptive
audio or visual media distributed in violation of this
section may bring an action for general or special
damages against the person, committee, or other entity
that distributed the materially deceptive audio or
visual media. The court may also award a prevailing
party reasonable attorney's fees and costs. This
paragraph shall not be construed to limit or preclude a
plaintiff from securing or recovering any other
available remedy.
``(3) Burden of proof.--In any civil action alleging
a violation of this section, the plaintiff shall bear
the burden of establishing the violation through clear
and convincing evidence.
``(e) Rule of Construction.--This section shall not be
construed to alter or negate any rights, obligations, or
immunities of an interactive service provider under section 230
of title 47, United States Code.
``(f) Materially Deceptive Audio or Visual Media Defined.--In
this section, the term `materially deceptive audio or visual
media' means an image or an audio or video recording of a
candidate's appearance, speech, or conduct that has been
intentionally manipulated in a manner such that both of the
following conditions are met:
``(1) The image or audio or video recording would
falsely appear to a reasonable person to be authentic.
``(2) The image or audio or video recording would
cause a reasonable person to have a fundamentally
different understanding or impression of the expressive
content of the image or audio or video recording than
that person would have if the person were hearing or
seeing the unaltered, original version of the image or
audio or video recording.''.
(b) Criminal Penalties.--Section 309(d)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)), as
amended by section 103, is further amended by adding at the end
the following new subparagraph:
``(G) Any person who knowingly and willfully
commits a violation of section 325 shall be
fined not more than $100,000, imprisoned not
more than 5 years, or both.''.
(c) Effect on Defamation Action.--For purposes of an action
for defamation, a violation of section 325 of the Federal
Election Campaign Act of 1971, as added by subsection (a),
shall constitute defamation per se.
----------
4. An Amendment To Be Offered by Representative Levin of Michigan or
His Designee, Debatable for 10 Minutes
Page 36, insert after line 22 the following:
SEC. 206. PROHIBITING ESTABLISHMENT OF CORPORATION TO CONCEAL ELECTION
CONTRIBUTIONS AND DONATIONS BY FOREIGN NATIONALS.
(a) Prohibition.--Chapter 29 of title 18, United States Code
is amended by adding at the end the following:
``Sec. 612. Establishment of corporation to conceal election
contributions and donations by foreign nationals
``(a) Offense.--It shall be unlawful for an owner, officer,
attorney, or incorporation agent of a corporation, company, or
other entity to establish or use the corporation, company, or
other entity with the intent to conceal an activity of a
foreign national (as defined in section 319 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121)) prohibited
under such section 319.
``(b) Penalty.--Any person who violates subsection (a) shall
be imprisoned for not more than 5 years, fined under this
title, or both.''.
(b) Table of Sections.--The table of sections for chapter 29
of title 18, United States Code, is amended by inserting after
the item relating to section 611 the following:
``612. Establishment of corporation to conceal election contributions
and donations by foreign nationals.''.
____________________________________________________
5. An Amendment To Be Offered by Representative Langevin of Rhode
Island or His Designee, Debatable for 10 Minutes
Page 28, insert after line 12 the following:
SEC. 118. INDEPENDENT STUDY ON MEDIA LITERACY AND ONLINE POLITICAL
CONTENT CONSUMPTION.
(a) Independent Study.--Not later than 30 days after the date
of enactment of this Act, the Federal Election Commission shall
commission an independent study and report on media literacy
with respect to online political content consumption among
voting-age Americans.
(b) Elements.--The study and report under subsection (a)
shall include the following:
(1) An evaluation of media literacy skills, such as
the ability to evaluate sources, synthesize multiple
accounts into a coherent understanding of an issue,
understand the context of communications, and
responsibly create and share information, among voting-
age Americans.
(2) An analysis of the effects of media literacy
education and particular media literacy skills on the
ability to critically consume online political content,
including political advertising.
(3) Recommendations for improving voting-age
Americans' ability to critically consume online
political content, including political advertising.
(c) Deadline.--Not later than 270 days after the date of
enactment of this Act, the entity conducting the study and
report under subsection (a) shall submit the report to the
Commission.
(d) Submission to Congress.--Not later than 30 days after
receiving the report under subsection (c), the Commission shall
submit the report to the Committee on House Administration of
the House of Representatives and the Committee on Rules and
Administration of the Senate, together with such comments on
the report as the Commission considers appropriate.
(e) Definition of Media Literacy.--The term ``media
literacy'' means the ability to--
(1) access relevant and accurate information through
media;
(2) critically analyze media content and the
influences of media;
(3) evaluate the comprehensiveness, relevance,
credibility, authority, and accuracy of information;
(4) make educated decisions based on information
obtained from media and digital sources;
(5) operate various forms of technology and digital
tools; and
(6) reflect on how the use of media and technology
may affect private and public life.
----------
6. An Amendment To Be Offered by Representative Swalwell of California
or His Designee, Debatable for 10 Minutes
Page 3, line 15, insert ``and each immediate family member of
a candidate'' after ``each candidate''.
Page 4, line 9, insert ``an immediate family member of the
candidate,'' after ``a candidate,''.
Page 7, line 9, strike the closing quotation mark and the
second period.
Page 7, insert after line 9 the following:
``(4) Immediate family member.--In this subsection,
the term `immediate family member' means, with respect
to a candidate, a parent, parent-in-law, spouse, adult
child, or sibling.''.
----------
7. An Amendment To Be Offered by Representative Brown of Maryland or
His Designee, Debatable for 10 Minutes
Page 3, line 11, insert after ``foreign contact.'' the
following: ``The Federal Bureau of Investigation, not later
than 1 week after receiving a notification from a political
committee under this paragraph, shall submit to the political
committee, the Permanent Select Committee on Intelligence of
the House of Representatives, and the Select Committee on
Intelligence of the Senate written or electronic confirmation
of receipt of the notification.''
Page 11, insert after line 23 the following (and redesignate
the succeeding section):
SEC. 104. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.
(a) In General.--Not later than one year after the date of
enactment of this Act, and annually thereafter, the Director of
the Federal Bureau of Investigation shall submit to the
congressional intelligence committees a report relating to
notifications received by the Federal Bureau of Investigation
under section 304(j)(1) of the Federal Election Campaign Act of
1971 (as added by section 101(a) of this Act).
(b) Elements.--Each report under subsection (a) shall
include, at a minimum, the following with respect to
notifications described in subsection (a):
(1) The number of such notifications received from
political committees during the year covered by the
report.
(2) A description of protocols and procedures
developed by the Federal Bureau of Investigation
relating to receipt and maintenance of records relating
to such notifications.
(3) With respect to such notifications received
during the year covered by the report, a description of
any subsequent actions taken by the Director resulting
from the receipt of such notifications.
(c) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees'' has
the meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
----------
8. An Amendment To Be Offered by Representative Delgado of New York or
His Designee, Debatable for 10 Minutes
Page 33, line 7, strike ``and''
Page 33, insert after line 7 the following (and redesignate
the succeeding provision accordingly):
``(2) an analysis of the extent to which illicit
foreign money was used to carry out disinformation and
propaganda campaigns focused on depressing turnout
among rural communities and the success or failure of
these efforts, together with recommendations to address
these efforts in future elections; and''.
----------
9. An Amendment To Be Offered by Representative Houlahan of
Pennsylvania or Her Designee, Debatable for 10 Minutes
Page 40, insert after line 6 the following:
SEC. 303. PROHIBITION ON PROVISION OF SUBSTANTIAL ASSISTANCE RELATING
TO CONTRIBUTION OR DONATION BY FOREIGN NATIONALS.
Section 319 of the Federal Election Campaign Act of 1971 (52
U.S.C. 30121), as amended by section 117, section 201(a),
section 201(b), and section 301, is further amended--
(1) in subsection (a)--
(A) by striking ``or'' at the end of
paragraph (2);
(B) by striking the period at the end of
paragraph (3) and inserting ``; or''; and
(C) by adding at the end the following:
``(4) a person to knowingly provide substantial
assistance to another person in carrying out an
activity described in paragraph (1), (2), or (3).'';
and
(2) by adding at the end the following new
subsections:
``(f) Knowingly Described.--
``(1) In general.--For purposes of subsection (a)(4),
the term `knowingly' means actual knowledge,
constructive knowledge, awareness of pertinent facts
that would lead a reasonable person to conclude there
is a substantial probability, or awareness of pertinent
facts that would lead a reasonable person to conduct a
reasonable inquiry to establish--
``(A) with respect to an activity described
in subsection (a)(1), that the contribution,
donation, expenditure, independent expenditure,
or disbursement is from a foreign national;
``(B) with respect to an activity described
in subsection (a)(2), that the contribution or
donation solicited, accepted, or received is
from a foreign national; and
``(C) with respect to an activity described
in subsection (a)(3), that the person
directing, dictating, controlling, or directly
or indirectly participating in the decision
making process is a foreign national.
``(2) Pertinent facts.--For purposes of paragraph
(1), pertinent facts include, but are not limited to,
that the person making the contribution, donation,
expenditure, independent expenditure, or disbursement,
or that the person from whom the contribution or
donation is solicited, accepted, or received, or that
the person directing, dictating, controlling, or
directly or indirectly participating in the decision
making process--
``(A) uses a foreign passport or passport
number for identification purposes;
``(B) provides a foreign address;
``(C) uses a check or other written
instrument drawn on a foreign bank, or by a
wire transfer from a foreign bank, in carrying
out the activity; or
``(D) resides abroad.
``(g) Substantial Assistance Defined.--As used in this
section, the term `substantial assistance' means, with respect
to an activity prohibited by paragraph (1), (2), or (3) of
subsection (a), involvement with an intent to facilitate
successful completion of the activity.''.
----------
10. An Amendment To Be Offered by Representative Slotkin of Michigan or
Her Designee, Debatable for 10 Minutes
Page 54, insert after line 14 the following:
Subtitle C--Assessment of Exemption of Registration Requirements Under
FARA for Registered Lobbyists
SEC. 321. ASSESSMENT OF EXEMPTION OF REGISTRATION REQUIREMENTS UNDER
FARA FOR REGISTERED LOBBYISTS.
Not later than 90 days after the date of the enactment of
this Act, the Comptroller General of the United States shall
conduct and submit to Congress an assessment of the
implications of the exemption provided under the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 611 et seq.)
for agents of foreign principals who are also registered
lobbyists under the Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.), and shall include in the assessment an analysis
of the extent to which revisions in such Acts might mitigate
the risk of foreign government money influencing elections or
political processes in the United States.
----------
11. An Amendment To Be Offered by Representative Sherrill of New Jersey
or Her Designee, Debatable for 10 Minutes
Page 41, line 1, strike ``60'' and insert ``90''.
Page 42, line 11, strike ``60'' and insert ``90''.
Page 45, line 20, strike ``60'' and insert ``90''.
----------
12. An Amendment To Be Offered by Representative Cunningham of South
Carolina or His Designee, Debatable for 10 Minutes
Page 33, line 7, strike ``and''
Page 33, insert after line 7 the following (and redesignate
the succeeding provision accordingly):
``(2) an analysis of the extent to which illicit
foreign money was used to carry out disinformation and
propaganda campaigns focused on depressing turnout
among African-American and other minority communities
and the success or failure of these efforts, together
with recommendations to address these efforts in future
elections; and''.
----------
13. An Amendment To Be Offered by Representative Cunningham of South
Carolina or His Designee, Debatable for 10 Minutes
Page 33, line 7, strike ``and''
Page 33, insert after line 7 the following (and redesignate
the succeeding provision accordingly):
``(2) an analysis of the extent to which illicit
foreign money was used to carry out disinformation and
propaganda campaigns focused on influencing military
and veteran communities and the success or failure of
these efforts, together with recommendations to address
these efforts in future elections; and''.
----------
14. An Amendment To Be Offered by Representative Spanberger of Virginia
or Her Designee, Debatable for 10 Minutes
Page 23, line 8, strike ``and a list'' and insert ``a list''.
Page 23, line 11, strike the period and insert the following:
``, and, if the person purchasing the advertisement is acting
as the agent of a foreign principal under the Foreign Agents
Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), a
statement that the person is acting as the agent of a foreign
principal and the identification of the foreign principal
involved.''.
[all]