[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4617 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
1st Session
H. R. 4617
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 28, 2019
Received; read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act 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 Act is as
follows:
Sec. 1. 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. Report to congressional intelligence committees.
Sec. 105. 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.
Sec. 118. Independent study on media literacy and online political
content consumption.
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.
Sec. 206. Prohibiting establishment of corporation to conceal election
contributions and donations by foreign
nationals.
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.
Sec. 303. Prohibition on provision of substantial assistance relating
to contribution or donation by foreign
nationals.
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.
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.
Subtitle D--Notifying States of Disinformation Campaigns by Foreign
Nationals
Sec. 331. Notifying States of disinformation campaigns by foreign
nationals.
Subtitle E--Prohibiting Use of Deepfakes in Election Campaigns
Sec. 341. Prohibition on distribution of materially deceptive audio or
visual media prior to election.
Subtitle F--Assessment of Exemption of Registration Requirements Under
FARA for Registered Lobbyists
Sec. 351. Assessment of exemption of registration requirements under
FARA for registered lobbyists.
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. 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.
``(2) Individual obligation to notify.--Not later than 3
days after a reportable foreign contact--
``(A) each candidate and each immediate family
member of a 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, an immediate
family member of the 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) 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.
``(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).
``(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.''.
(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. REPORT TO CONGRESSIONAL INTELLIGENCE COMMITTEES.
(a) In General.--Not later than 1 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).
SEC. 105. 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)(v), by striking ``on broadcasting
stations, or in newspapers, magazines, or similar types of
general public political advertising'' and inserting ``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''.
(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, 2020.
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
and address of a contact person for such
person, a list of the chief executive officers
or members of the executive committee or of the
board of directors of such person, 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.
``(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) Safe harbor for platforms making best efforts to
identify requests which are subject to record maintenance
requirements.--In accordance with rules established by the
Commission, if an online platform shows that the platform used
best efforts to determine whether or not a request to purchase
a qualified political advertisement was subject to the
requirements of this subsection, the online platform shall not
be considered to be in violation of such requirements.
``(7) 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 120 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;
(2) establishing search interface requirements relating to
such record, including searches by candidate name, issue,
purchaser, and date; and
(3) establishing the criteria for the safe harbor exception
provided under paragraph (6) of section 304(k) of such Act (as
added by subsection (a)).
(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--
(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) Responsibilities of Broadcast Stations, Providers of Cable
and Satellite Television, and Online Platforms.--
``(1) Responsibilities described.--Each television or radio
broadcast station, provider of cable or satellite television,
or online platform (as defined in section 304(k)(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. For purposes of the previous sentence, a station,
provider, or online platform shall not be considered to have
made reasonable efforts under this paragraph in the case of the
availability of a communication unless the station, provider,
or online platform directly inquires from the individual or
entity making such purchase whether the purchase is to be made
by a foreign national, directly or indirectly.
``(2) Special rules for disbursement paid with credit
card.--For purposes of paragraph (1), a television or radio
broadcast station, provider of cable or satellite television,
or online platform shall be considered to have made reasonable
efforts under such paragraph in the case of a purchase of the
availability of a communication which is made with a credit
card if--
``(A) the individual or entity making such purchase
is required, at the time of making such purchase, to
disclose the credit verification value of such credit
card; and
``(B) the billing address associated with such
credit card is located in the United States or, in the
case of a purchase made by an individual who is a
United States citizen living outside of the United
States, the individual provides the television or radio
broadcast station, provider of cable or satellite
television, or online platform with the United States
mailing address the individual uses for voter
registration purposes.''.
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.
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, labor organization (as defined in section 316(b)), limited
liability corporation, or partnership during a year, the chief
executive officer of the corporation, labor organization, limited
liability corporation, or partnership (or, if the corporation, labor
organization, limited liability corporation, or partnership does not
have a chief executive officer, the highest ranking official of the
corporation, labor organization, 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 decisionmaking 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 decisionmaking 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);
``(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;
``(3) 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;
``(4) 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
``(5) 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 2020 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.
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.''.
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.''.
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.''.
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 2019''.
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 90 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 90 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 90 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
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.
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.''.
Subtitle D--Notifying States of Disinformation Campaigns by Foreign
Nationals
SEC. 331. 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)).
Subtitle E--Prohibiting Use of Deepfakes in Election Campaigns
SEC. 341. 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 2 minutes in length,
interspersed within the audio at intervals of not greater than
2 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.
Subtitle F--Assessment of Exemption of Registration Requirements Under
FARA for Registered Lobbyists
SEC. 351. 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.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. EFFECTIVE DATES OF PROVISIONS.
Each provision of this Act and each amendment made by a provision
of this Act shall take effect on the effective date provided under this
Act 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 Act or any amendment made by this Act, or
the application of a provision of this Act or an amendment made by this
Act to any person or circumstance, is held to be unconstitutional, the
remainder of this Act, and the application of the provisions to any
person or circumstance, shall not be affected by the holding.
Passed the House of Representatives October 23, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.
SHIELD Act
#4617 | HR Congress #116
Policy Area: Government Operations and Politics
Subjects: Accounting and auditingAdministrative law and regulatory proceduresCivil actions and liabilityCongressional electionsCongressional oversightCriminal investigation, prosecution, interrogationCriminal procedure and sentencingDiplomacy, foreign officials, Americans abroadElections, voting, political campaign regulationFraud offenses and financial crimesGovernment ethics and transparency, public corruptionGovernment information and archivesGovernment studies and investigationsImmigration status and proceduresInternet and video servicesInternet, web applications, social mediaLicensing and registrationsNews media and reportingPhotography and imaging
Last Action: Received in the Senate and Read twice and referred to the Committee on Rules and Administration. (10/28/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text