,i #aafth ,,congress #ast ,session ,h4 ,r4 #dfag ,,in ,,the ,,house ,,of ,,representatives ,october #h1 #bjai,ms4 ,lofgren 7for herself1 ,mr4 ,sarbanes1 ,mr4 ,raskin1 ,mrs4 ,davis of ,california1 ,mr4 ,butterfield1 ,ms4 ,fudge1 ,mr4 ,aguilar1 ,mr4 ,nadler1 ,mrs4 ,murphy of ,florida1 ,mr4 ,mc,eachin1 ,mr4 ,malinowski1 and ,mr4 ,kilmer7 introduced the following bill2 which was referred to the ,committee on ,house ,administration1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,federal ,election ,campaign ,act of #aiga 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 acts1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,stopping ,harmful ,interference in ,elections for a ,lasting ,democracy ,act or the ,,shield ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,enhanced ,reporting ,requirements ,subtitle ,a--,establishing ,duty ,to ,report ,foreign ,election ,interference ,sec4 #aja4 ,federal campaign reporting of foreign contacts4 ,sec4 #ajb4 ,federal campaign foreign contact reporting compliance system4 ,sec4 #ajc4 ,criminal penalties4 ,sec4 #ajd4 ,rule of construction4 ,subtitle ,b--,strengthening ,oversight of ,online ,political ,advertising ,sec4 #aaa4 ,short title4 ,sec4 #aab4 ,purpose4 ,sec4 #aac4 ,expansion of definition of public communication4 ,sec4 #aad4 ,expansion of definition of electioneering communication4 ,sec4 #aae4 ,application of disclaimer statements to online communications4 ,sec4 #aaf4 ,political record requirements for online platforms4 ,sec4 #aag4 ,preventing contributions1 expenditures1 independent expenditures1 and disbursements for electioneering communications by foreign nationals in the form of online advertising4 ,title ,,ii--,closing ,loopholes ,allowing ,spending by ,foreign ,nationals in ,elections ,sec4 #bja4 ,clarification of prohibition on participation by foreign nationals in election-related activities4 ,sec4 #bjb4 ,clarification of application of foreign money ban to certain disbursements and activities4 ,sec4 #bjc4 ,audit and report on illicit foreign money in ,federal elections4 ,sec4 #bjd4 ,prohibition on contributions and donations by foreign nationals in connections with ballot initiatives and referenda4 ,sec4 #bje4 ,expansion of limitations on foreign nationals participating in political advertising4 ,title ,,iii--,deterring ,foreign ,interference in ,elections ,subtitle ,a--,deterrence under ,federal ,election ,campaign ,act of #aiga ,sec4 #cja4 ,restrictions on exchange of campaign information between candidates and foreign powers4 ,sec4 #cjb4 ,clarification of standard for determining existence of coordination between campaigns and outside interests4 ,subtitle ,b--,prohibiting ,deceptive ,practices and ,preventing ,voter ,intimidation ,sec4 #caa4 ,short title4 ,sec4 #cab4 ,prohibition on deceptive practices in ,federal elections4 ,sec4 #cac4 ,corrective action4 ,sec4 #cad4 ,reports to ,congress4 ,title ,,iv--,miscellaneous ,provisions ,sec4 #dja4 ,effective dates of provisions4 ,sec4 #djb4 ,severability4 ,i ,enhanced ,reporting ,requirements ,a ,establishing ,duty ,to ,report ,foreign ,election ,interference #aja4 ,federal campaign reporting of foreign contacts 7a7 ,initial notice 7#a7 ,in general ,section #cjd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7 is amended by adding at the end the following new subsection3 7j7 ,disclosure of reportable foreign contacts 7#a7 ,committee obligation to notify ,not later than #a week after a reportable foreign contact1 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 contact4 7#b7 ,individual obligation to notify ,not later than #c days after a reportable foreign contact-- 7,a7 each candidate shall notify the treasurer or other designated official of the principal campaign committee of such candidate of the reportable foreign contact and provide a summary of the circumstances with respect to such reportable foreign contact2 and 7,b7 each official1 employee1 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 contact4 7#c7 ,reportable foreign contact ,in this subsection3 7,a7 ,in general ,the term reportable foreign contact means any direct or indirect contact or communication that-- 7i7 is between-- 7,i7 a candidate1 a political committee1 or any official1 employee1 or agent of such committee2 and 7,,ii7 an individual that the person described in subclause 7,i7 knows1 has reason to know1 or reasonably believes is a covered foreign national2 and 7ii7 the person described in clause 7i77,i7 knows1 has reason to know1 or reasonably believes involves-- 7,i7 an offer or other proposal for a contribution1 donation1 expenditure1 disbursement1 or solicitation described in section #cai2 or 7,,ii7 coordination or collaboration with1 an offer or provision of information or services to or from1 or persistent and repeated contact with1 a covered foreign national in connection with an election4 7,b7 ,exception ,the term reportable foreign contact shall not include any contact or communication with a covered foreign national by an elected official or an employee of an elected official solely in an official capacity as such an official or employee4 ,for purposes of the previous sentence1 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 if the contact or communication involves a contribution1 donation1 expenditure1 disbursement1 or solicitation described in section #cai4 7,c7 ,covered foreign national defined 7i7 ,in general ,in this paragraph1 the term covered foreign national means-- 7,i7 a foreign principal 7as defined in section #a7;b7 of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa7;b77 that is a government of a foreign country or a foreign political party2 7,,ii7 any person who acts as an agent1 representative1 employee1 or servant1 or any person who acts in any other capacity at the order1 request1 or under the direction or control1 of a foreign principal described in subclause 7,i7 or of a person any of whose activities are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized in whole or in major part by a foreign principal described in subclause 7,i72 or 7,,iii7 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 7,i74 7ii7 ,clarification regarding application to citizens of the ,united ,states ,in the case of a citizen of the ,united ,states1 subclause 7,,ii7 of clause 7i7 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 7,i7 of clause 7i74 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to reportable foreign contacts which occur on or after the date of the enactment of this ,act4 7b7 ,information included on report 7#a7 ,in general ,section #cjd7;b7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;b77 is amended-- 7,a7 by striking and at the end of paragraph 7#g72 7,b7 by striking the period at the end of paragraph 7#h7 and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#i7 for any reportable foreign contact 7as defined in subsection 7j77#c77-- 7,a7 the date1 time1 and location of the contact2 7,b7 the date and time of when a designated official of the committee was notified of the contact2 7,c7 the identity of individuals involved2 and 7,d7 a description of the contact1 including the nature of any contribution1 donation1 expenditure1 disbursement1 or solicitation involved and the nature of any activity described in subsection 7j77#c77;,a77ii77,,ii7 involved4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to reports filed on or after the expiration of the #fj-;day period which begins on the date of the enactment of this ,act4 #ajb4 ,federal campaign foreign contact reporting compliance system 7a7 ,in general ,section #cjb of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajb7 is amended by adding at the end the following new subsection3 7j7 ,reportable foreign contacts compliance policy 7#a7 ,reporting ,each political committee shall establish a policy that requires all officials1 employees1 and agents of such committee to notify the treasurer or other appropriate designated official of the committee of any reportable foreign contact 7as defined in section #cjd7;j77 not later than #c days after such contact was made4 7#b7 ,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 7as so defined7 for a period of not less than #c years4 7#c7 ,certification 7,a7 ,in general ,upon filing its statement of organization under section #cjc7;a71 and with each report filed under section #cjd7;a71 the treasurer of each political committee 7other than an authorized committee7 shall certify that-- 7i7 the committee has in place policies that meet the requirements of paragraphs 7#a7 and 7#b72 7ii7 the committee has designated an official to monitor compliance with such policies2 and 7iii7 not later than #a week after the beginning of any formal or informal affiliation with the committee1 all officials1 employees1 and agents of such committee will-- 7,i7 receive notice of such policies2 7,,ii7 be informed of the prohibitions under section #cai2 and 7,,iii7 sign a certification affirming their understanding of such policies and prohibitions4 7,b7 ,authorized committees ,with respect to an authorized committee1 the candidate shall make the certification required under subparagraph 7,a74 4 7b7 ,effective date 7#a7 ,in general ,the amendment made by subsection 7a7 shall apply with respect to political committees which file a statement of organization under section #cjc7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajc7;a77 on or after the date of the enactment of this ,act4 7#b7 ,transition rule for existing committees ,not later than #cj days after the date of the enactment of this ,act1 each political committee under the ,federal ,election ,campaign ,act of #aiga shall file a certification with the ,federal ,election ,commission that the committee is in compliance with the requirements of section #cjb7;j7 of such ,act 7as added by subsection 7a774 #ajc4 ,criminal penalties ,section #cji7;d77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;d77#a77 is amended by adding at the end the following new subparagraphs3 7,e7 ,any person who knowingly and willfully commits a violation of subsection 7j7 or 7b77#i7 of section #cjd or section #cjb7;j7 shall be fined not more than #ejj1jjj1 imprisoned not more than #e years1 or both4 7,f7 ,any person who knowingly and willfully conceals or destroys any materials relating to a reportable foreign contact 7as defined in section #cjd7;j77 shall be fined not more than #a1jjj1jjj1 imprisoned not more than #e years1 or both4 4 #ajd4 ,rule of construction ,nothing in this subtitle or the amendments made by this subtitle shall be construed-- 7#a7 to impede legitimate journalistic activities2 or 7#b7 to impose any additional limitation on the right to express political views or to participate in public discourse of any individual who-- 7,a7 resides in the ,united ,states2 7,b7 is not a citizen of the ,united ,states or a national of the ,united ,states1 as defined in section #aja7;a77#bb7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bb772 and 7,c7 is not lawfully admitted for permanent residence1 as defined by section #aja7;a77#bj7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#bj774 ,b ,strengthening ,oversight of ,online ,political ,advertising #aaa4 ,short title ,this subtitle may be cited as the ,honest ,ads ,act4 #aab4 ,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 informed4 #aac4 ,expansion of definition of public communication 7a7 ,in general ,paragraph 7#bb7 of section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7bb77 is amended by striking or satellite communication and inserting satellite1 paid internet1 or paid digital communication4 7b7 ,treatment of contributions and expenditures ,section #cja of such ,act 7#eb ,u4,s4,c4 #cjaja7 is amended-- 7#a7 in paragraph 7#h77;,b77v71 by striking on broadcasting stations1 or in newspapers1 magazines1 or similar types of general public political advertising and inserting in any public communication2 and 7#b7 in paragraph 7#i77;,b7-- 7,a7 by amending clause 7i7 to read as follows3 7i7 any news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any print1 online1 or digital newspaper1 magazine1 blog1 publication1 or periodical1 unless such broadcasting1 print1 online1 or digital facilities are owned or controlled by any political party1 political committee1 or candidate2 2 and 7,b7 in clause 7iv71 by striking on broadcasting stations1 or in newspapers1 magazines1 or similar types of general public political advertising and inserting in any public communication4 7c7 ,disclosure and disclaimer statements ,subsection 7a7 of section #cah of such ,act 7#eb ,u4,s4,c4 #cjabj7 is amended-- 7#a7 by striking financing any communication through any broadcasting station1 newspaper1 magazine1 outdoor advertising facility1 mailing1 or any other type of general public political advertising and inserting financing any public communication2 and 7#b7 by striking solicits any contribution through any broadcasting station1 newspaper1 magazine1 outdoor advertising facility1 mailing1 or any other type of general public political advertising and inserting solicits any contribution through any public communication4 #aad4 ,expansion of definition of electioneering communication 7a7 ,expansion to online communications 7#a7 ,application to qualified internet and digital communications 7,a7 ,in general ,subparagraph 7,a7 of section #cjd7;f77#c7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77 is amended by striking or satellite communication each place it appears in clauses 7i7 and 7ii7 and inserting satellite1 or qualified internet or digital communication4 7,b7 ,qualified internet or digital communication ,paragraph 7#c7 of section #cjd7;f7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77 is amended by adding at the end the following new subparagraph3 7,d7 ,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 7as defined in subsection 7k77#c774 4 7#b7 ,nonapplication of relevant electorate to online communications ,section #cjd7;f77#c77;,a77i77,,iii7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77i77,,iii77 is amended by inserting any broadcast1 cable1 or satellite before communication4 7#c7 ,news exemption ,section #cjd7;f77#c77;,b77i7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,b77i77 is amended to read as follows3 7i7 a communication appearing in a news story1 commentary1 or editorial distributed through the facilities of any broadcasting station or any online or digital newspaper1 magazine1 blog1 publication1 or periodical1 unless such broadcasting1 online1 or digital facilities are owned or controlled by any political party1 political committee1 or candidate2 4 7b7 ,effective date ,the amendments made by this section shall apply with respect to communications made on or after ,january #a1 #bjbj4 #aae4 ,application of disclaimer statements to online communications 7a7 ,clear and conspicuous manner requirement ,subsection 7a7 of section #cah of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabj7;a77 is amended-- 7#a7 by striking shall clearly state each place it appears in paragraphs 7#a71 7#b71 and 7#c7 and inserting shall state in a clear and conspicuous manner2 and 7#b7 by adding at the end the following flush sentence3 ,for purposes of this section1 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 overlooked44 7b7 ,special rules for qualified internet or digital communications 7#a7 ,in general ,section #cah of such ,act 7#eb ,u4,s4,c4 #cjabj7 is amended by adding at the end the following new subsection3 7e7 ,special rules for qualified internet or digital communications 7#a7 ,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 7as defined in section #cjd7;f77#c77;,d77 which is disseminated through a medium in which the provision of all of the information specified in this section is not possible1 the communication shall1 in a clear and conspicuous manner-- 7,a7 state the name of the person who paid for the communication2 and 7,b7 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 information4 7#b7 ,safe harbor for determining clear and conspicuous manner ,a statement in a qualified internet or digital communication 7as defined in section #cjd7;f77#c77;,d77 shall be considered to be made in a clear and conspicuous manner as provided in subsection 7a7 if the communication meets the following requirements3 7,a7 ,text or graphic communications ,in the case of a text or graphic communication1 the statement-- 7i7 appears in letters at least as large as the majority of the text in the communication2 and 7ii7 meets the requirements of paragraphs 7#b7 and 7#c7 of subsection 7c74 7,b7 ,audio communications ,in the case of an audio communication1 the statement is spoken in a clearly audible and intelligible manner at the beginning or end of the communication and lasts at least #c seconds4 7,c7 ,video communications ,in the case of a video communication which also includes audio1 the statement-- 7i7 is included at either the beginning or the end of the communication2 and 7ii7 is made both in-- 7,i7 a written format that meets the requirements of subparagraph 7,a7 and appears for at least #d seconds2 and 7,,ii7 an audible format that meets the requirements of subparagraph 7,b74 7,d7 ,other communications ,in the case of any other type of communication1 the statement is at least as clear and conspicuous as the statement specified in subparagraph 7,a71 7,b71 or 7,c74 4 7#b7 ,nonapplication of certain exceptions ,the exceptions provided in section #aaj4aa7;f77#a77;i7 and 7ii7 of title #aa1 ,code of ,federal ,regulations1 or any successor to such rules1 shall have no application to qualified internet or digital communications 7as defined in section #cjd7;f77#c77;,d7 of the ,federal ,election ,campaign ,act of #aiga1 as added by this ,act74 7c7 ,modification of additional requirements for certain communications ,section #cah7;d7 of such ,act 7#eb ,u4,s4,c4 #cjabj7;d77 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 by striking which is transmitted through radio and inserting which is in an audio format2 and 7,b7 by striking ,by radio in the heading and inserting ,audio format2 7#b7 in paragraph 7#a77;,b7-- 7,a7 by striking which is transmitted through television and inserting which is in video format2 and 7,b7 by striking ,by television in the heading and inserting ,video format2 and 7#c7 in paragraph 7#b7-- 7,a7 by striking transmitted through radio or television and inserting made in audio or video format2 and 7,b7 by striking through television in the second sentence and inserting in video format4 #aaf4 ,political record requirements for online platforms 7a7 ,in general ,section #cjd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd71 as amended by section #aja7;a71 is further amended by adding at the end the following new subsection3 7k7 ,disclosure of certain online advertisements 7#a7 ,in general 7,a7 ,requirements for online platforms ,an online platform shall maintain1 and make available for online public inspection in machine readable format1 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 #ejj4 7,b7 ,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 7,a74 7#b7 ,contents of record ,a record maintained under paragraph 7#a77;,a7 shall contain-- 7,a7 a digital copy of the qualified political advertisement2 7,b7 a description of the audience targeted by the advertisement1 the number of views generated from the advertisement1 and the date and time that the advertisement is first displayed and last displayed2 and 7,c7 information regarding-- 7i7 the average rate charged for the advertisement2 7ii7 the name of the candidate to which the advertisement refers and the office to which the candidate is seeking election1 the election to which the advertisement refers1 or the national legislative issue to which the advertisement refers 7as applicable72 7iii7 in the case of a request made by1 or on behalf of1 a candidate1 the name of the candidate1 the authorized committee of the candidate1 and the treasurer of such committee2 and 7iv7 in the case of any request not described in clause 7iii71 the name of the person purchasing the advertisement1 the name and address of a contact person for such person1 and a list of the chief executive officers or members of the executive committee or of the board of directors of such person4 7#c7 ,online platform ,for purposes of this subsection1 the term online platform means any public-facing website1 web application1 or digital application 7including a social network1 ad network1 or search engine7 which-- 7,a7 sells qualified political advertisements2 and 7,b7 has #ej1jjj1jjj or more unique monthly ,united ,states visitors or users for a majority of months during the preceding #ab months4 7#d7 ,qualified political advertisement ,for purposes of this subsection1 the term qualified political advertisement means any advertisement 7including search engine marketing1 display advertisements1 video advertisements1 native advertisements1 and sponsorships7 that-- 7,a7 is made by or on behalf of a candidate2 or 7,b7 communicates a message relating to any political matter of national importance1 including-- 7i7 a candidate2 7ii7 any election to ,federal office2 or 7iii7 a national legislative issue of public importance4 7#e7 ,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 #d years4 7#f7 ,safe harbor for platforms making best efforts to identify requests which are subject to record maintenance requirements ,in accordance with rules established by the ,commission1 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 subsection1 the online platform shall not be considered to be in violation of such requirements4 7#g7 ,penalties ,for penalties for failure by online platforms1 and persons requesting to purchase a qualified political advertisement on online platforms1 to comply with the requirements of this subsection1 see section #cji4 4 7b7 ,rulemaking ,not later than #abj days after the date of the enactment of this ,act1 the ,federal ,election ,commission shall establish rules-- 7#a7 requiring common data formats for the record required to be maintained under section #cjd7k7 of the ,federal ,election ,campaign ,act of #aiga 7as added by subsection 7a77 so that all online platforms submit and maintain data online in a common1 machine-readable and publicly accessible format2 7#b7 establishing search interface requirements relating to such record1 including searches by candidate name1 issue1 purchaser1 and date2 and 7#c7 establishing the criteria for the safe harbor exception provided under paragraph 7#f7 of section #cjd7k7 of such ,act 7as added by subsection 7a774 7c7 ,reporting ,not later than #b years after the date of the enactment of this ,act1 and biannually thereafter1 the ,chairman of the ,federal ,election ,commission shall submit a report to ,congress on-- 7#a7 matters relating to compliance with and the enforcement of the requirements of section #cjd7k7 of the ,federal ,election ,campaign ,act of #aiga1 as added by subsection 7a72 7#b7 recommendations for any modifications to such section to assist in carrying out its purposes2 and 7#c7 identifying ways to bring transparency and accountability to political advertisements distributed online for free4 #aag4 ,preventing contributions1 expenditures1 independent expenditures1 and disbursements for electioneering communications by foreign nationals in the form of online advertising ,section #cai of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7 is amended by adding at the end the following new subsection3 7c7 ,responsibilities of broadcast stations1 providers of cable and satellite television1 and online platforms 7#a7 ,responsibilities described ,each television or radio broadcast station1 provider of cable or satellite television1 or online platform 7as defined in section #cjd7k77#c77 shall make reasonable efforts to ensure that communications described in section #cah7;a7 and made available by such station1 provider1 or platform are not purchased by a foreign national1 directly or indirectly4 ,for purposes of the previous sentence1 a station1 provider1 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 station1 provider1 or online platform directly inquires from the individual or entity making such purchase whether the purchase is to be made by a foreign national1 directly or indirectly4 7#b7 ,special rules for disbursement paid with credit card ,for purposes of paragraph 7#a71 a television or radio broadcast station1 provider of cable or satellite television1 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-- 7,a7 the individual or entity making such purchase is required1 at the time of making such purchase1 to disclose the credit verification value of such credit card2 and 7,b7 the billing address associated with such credit card is located in the ,united ,states or1 in the case of a purchase made by an individual who is a ,united ,states citizen living outside of the ,united ,states1 the individual provides the television or radio broadcast station1 provider of cable or satellite television1 or online platform with the ,united ,states mailing address the individual uses for voter registration purposes4 4 ,,ii ,closing ,loopholes ,allowing ,spending by ,foreign ,nationals in ,elections #bja4 ,clarification of prohibition on participation by foreign nationals in election-related activities 7a7 ,clarification of prohibition ,section #cai7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;a77 is amended-- 7#a7 by striking or at the end of paragraph 7#a72 7#b7 by striking the period at the end of paragraph 7#b7 and inserting 2 or2 and 7#c7 by adding at the end the following new paragraph3 7#c7 a foreign national to direct1 dictate1 control1 or directly or indirectly participate in the decision-making process of any person 7including a corporation1 labor organization1 political committee1 or political organization7 with regard to such person's ,federal or non-,federal election-related activity1 including any decision concerning the making of contributions1 donations1 expenditures1 or disbursements in connection with an election for any ,federal1 ,state1 or local office or any decision concerning the administration of a political committee4 4 7b7 ,certification of ,compliance ,section #cai of such ,act 7#eb ,u4,s4,c4 #cjaba71 as amended by section #aag1 is further amended by adding at the end the following new subsection3 7d7 ,certification of compliance required prior to carrying out activity ,prior to the making in connection with an election for ,federal office of any contribution1 donation1 expenditure1 independent expenditure1 or disbursement for an electioneering communication by a corporation1 limited liability corporation1 or partnership during a year1 the chief executive officer of the corporation1 limited liability corporation1 or partnership 7or1 if the corporation1 limited liability corporation1 or partnership does not have a chief executive officer1 the highest ranking official of the corporation1 limited liability corporation1 or partnership71 shall file a certification with the ,commission1 under penalty of perjury1 that a foreign national did not direct1 dictate1 control1 or directly or indirectly participate in the decision-making process relating to such activity in violation of subsection 7a77#c71 unless the chief executive officer has previously filed such a certification during that calendar year4 4 7c7 ,effective date ,the amendments made by this section shall take effect upon the expiration of the #ahj-;day period which begins on the date of the enactment of this ,act4 #bjb4 ,clarification of application of foreign money ban to certain disbursements and activities 7a7 ,application to disbursements to ,super ,p,a,cs ,section #cai7;a77#a77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;a77#a77;,a77 is amended by striking the semicolon and inserting the following3 1 including any disbursement to a political committee which accepts donations or contributions that do not comply with the limitations1 prohibitions1 and reporting requirements of this ,act 7or any disbursement to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions724 7b7 ,conditions under which corporate ,p,a,cs may make contributions and expenditures ,section #caf7;b7 of such ,act 7#eb ,u4,s4,c4 #cjaah7;b77 is amended by adding at the end the following new paragraph3 7#h7 ,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 year3 7,a7 ,each individual who manages the fund1 and who is responsible for exercising decision-making authority for the fund1 is a citizen of the ,united ,states or is lawfully admitted for permanent residence in the ,united ,states4 7,b7 ,no foreign national under section #cai participates in any way in the decision-making processes of the fund with regard to contributions or expenditures under this ,act4 7,c7 ,the fund does not solicit or accept recommendations from any foreign national under section #cai with respect to the contributions or expenditures made by the fund4 7,d7 ,any member of the board of directors of the corporation who is a foreign national under section #cai abstains from voting on matters concerning the fund or its activities4 4 #bjc4 ,audit and report on illicit foreign money in ,federal elections 7a7 ,in general ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by inserting after section #cai the following new section3 #cai;,a4 ,audit and report on disbursements by foreign nationals 7a7 ,audit 7#a7 ,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 cycle4 7#b7 ,procedures ,in carrying out paragraph 7#a71 the ,commission shall conduct random audits of any disbursements required to be reported under this ,act1 in accordance with procedures established by the ,commission4 7b7 ,report ,not later than #ahj days after the end of each ,federal election cycle1 the ,commission shall submit to ,congress a report containing-- 7#a7 results of the audit required by subsection 7a77#a72 and 7#b7 recommendations to address the presence of illicit foreign money in elections1 as appropriate4 7c7 ,definitions ,as used in this section3 7#a7 ,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 date4 7#b7 ,the term illicit foreign money means any disbursement by a foreign national 7as defined in section #cai7;b77 prohibited under such section4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to the ,federal election cycle that began during ,november #bjah1 and each succeeding ,federal election cycle4 #bjd4 ,prohibition on contributions and donations by foreign nationals in connections with ballot initiatives and referenda 7a7 ,in general ,section #cai7;a77#a77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;a77#a77;,a77 is amended by striking election and inserting the following3 election1 including a ,state or local ballot initiative or referendum4 7b7 ,effective date ,the amendment made by this section shall apply with respect to elections held in #bjbj or any succeeding year4 #bje4 ,expansion of limitations on foreign nationals participating in political advertising 7a7 ,disbursements described ,section #cai7;a77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;a77#a77 is amended-- 7#a7 by striking or at the end of subparagraph 7,b72 and 7#b7 by striking subparagraph 7,c7 and inserting the following3 7,c7 an expenditure2 7,d7 an independent expenditure2 7,e7 a disbursement for an electioneering communication 7within the meaning of section #cjd7;f77#c772 7,f7 a disbursement for a communication which is placed or promoted for a fee on a website1 web application1 or digital application that refers to a clearly identified candidate for election for ,federal office and is disseminated within #fj days before a general1 special1 or runoff election for the office sought by the candidate or #cj days before a primary or preference election1 or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate2 7,g7 a disbursement for a broadcast1 cable or satellite communication1 or for a communication which is placed or promoted for a fee on a website1 web application1 or digital application1 that promotes1 supports1 attacks1 or opposes the election of a clearly identified candidate for ,federal1 ,state1 or local office 7regardless of whether the communication contains express advocacy or the functional equivalent of express advocacy72 7,h7 a disbursement for a broadcast1 cable1 or satellite communication1 or for any communication which is placed or promoted for a fee on an online platform 7as defined in section #cjd7k77#c771 that discusses a national legislative issue of public importance in a year in which a regularly scheduled general election for ,federal office is held1 but only if the disbursement is made by a covered foreign national described in section #cjd7;j77#c77;,c72 or 7,i7 a disbursement by a covered foreign national described in section #cjd7;j77#c77;,c7 to compensate any person for internet activity that promotes1 supports1 attacks1 or opposes the election of a clearly identified candidate for ,federal1 ,state1 or local office 7regardless of whether the activity communication contains express advocacy or the functional equivalent of express advocacy72 4 7b7 ,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 ,act4 ,,iii ,deterring ,foreign ,interference in ,elections ,a ,deterrence under ,federal ,election ,campaign ,act of #aiga #cja4 ,restrictions on exchange of campaign information between candidates and foreign powers ,section #cai of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba71 as amended by section #aag and section #bja7;b71 is further amended by adding at the end the following new subsection3 7e7 ,restrictions on exchange of information between candidates and foreign powers 7#a7 ,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 candidate1 or if a political committee or an individual affiliated with a political committee1 provides or offers to provide nonpublic campaign material to a covered foreign national or to another person whom the candidate1 committee1 or individual knows or has reason to know will provide the material to a covered foreign national1 the candidate1 committee1 or individual 7as the case may be7 shall be considered for purposes of this section to have solicited a contribution or donation described in subsection 7a77#a77;,a7 from a foreign national4 7#b7 ,definitions ,in this subsection1 the following definitions apply3 7,a7 ,the term candidate means an individual who seeks nomination for1 or election to1 any ,federal1 ,state1 or local public office4 7,b7 ,the term covered foreign national has the meaning given such term in section #cjd7;j77#c77;,c74 7,c7 ,the term individual affiliated with a campaign means1 with respect to a candidate1 an employee of any organization legally authorized under ,federal1 ,state1 or local law to support the candidate's campaign for nomination for1 or election to1 any ,federal1 ,state1 or local public office1 as well as any independent contractor of such an organization and any individual who performs services on behalf of the organization1 whether paid or unpaid4 7,d7 ,the term individual affiliated with a political committee means1 with respect to a political committee1 an employee of the committee as well as any independent contractor of the committee and any individual who performs services on behalf of the committee1 whether paid or unpaid4 7,e7 ,the term nonpublic campaign material means1 with respect to a candidate or a political committee1 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 domain1 including polling and focus group data and opposition research1 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 matter4 4 #cjb4 ,clarification of standard for determining existence of coordination between campaigns and outside interests ,section #cae7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaf7;a77 is amended by adding at the end the following new paragraph3 7#aj7 ,for purposes of paragraph 7#g71 an expenditure or disbursement may be considered to have been made in cooperation1 consultation1 or concert with1 or coordinated with1 a person without regard to whether or not the cooperation1 consultation1 or coordination is carried out pursuant to agreement or formal collaboration4 4 ,b ,prohibiting ,deceptive ,practices and ,preventing ,voter ,intimidation #caa4 ,short title ,this subtitle may be cited as the ,deceptive ,practices and ,voter ,intimidation ,prevention ,act of #bjai4 #cab4 ,prohibition on deceptive practices in ,federal elections 7a7 ,prohibition ,subsection 7b7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b77 is amended-- 7#a7 by striking ,no person and inserting the following3 7#a7 ,in general ,no person 2 and 7#b7 by inserting at the end the following new paragraphs3 7#b7 ,false statements regarding ,federal elections 7,a7 ,prohibition ,no person1 whether acting under color of law or otherwise1 shall1 within #fj days before an election described in paragraph 7#e71 by any means1 including by means of written1 electronic1 or telephonic communications1 communicate or cause to be communicated information described in subparagraph 7,b71 or produce information described in subparagraph 7,b7 with the intent that such information be communicated1 if such person-- 7i7 knows such information to be materially false2 and 7ii7 has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph 7#e74 7,b7 ,information described ,information is described in this subparagraph if such information is regarding-- 7i7 the time1 place1 or manner of holding any election described in paragraph 7#e72 or 7ii7 the qualifications for or restrictions on voter eligibility for any such election1 including-- 7,i7 any criminal penalties associated with voting in any such election2 or 7,,ii7 information regarding a voter's registration status or eligibility4 7#c7 ,false statements regarding public endorsements 7,a7 ,prohibition ,no person1 whether acting under color of law or otherwise1 shall1 within #fj days before an election described in paragraph 7#e71 by any means1 including by means of written1 electronic1 or telephonic communications1 communicate1 or cause to be communicated1 a materially false statement about an endorsement1 if such person-- 7i7 knows such statement to be false2 and 7ii7 has the intent to impede or prevent another person from exercising the right to vote in an election described in paragraph 7#e74 7,b7 ,definition of materially false ,for purposes of subparagraph 7,a71 a statement about an endorsement is materially false if1 with respect to an upcoming election described in paragraph 7#e7-- 7i7 the statement states that a specifically named person1 political party1 or organization has endorsed the election of a specific candidate for a ,federal office described in such paragraph2 and 7ii7 such person1 political party1 or organization has not endorsed the election of such candidate4 7#d7 ,hindering1 interfering with1 or preventing voting or registering to vote ,no person1 whether acting under color of law or otherwise1 shall intentionally hinder1 interfere with1 or prevent another person from voting1 registering to vote1 or aiding another person to vote or register to vote in an election described in paragraph 7#e74 7#e7 ,election described ,an election described in this paragraph is any general1 primary1 run-off1 or special election held solely or in part for the purpose of nominating or electing a candidate for the office of ,president1 ,vice ,president1 presidential elector1 ,member of the ,senate1 ,member of the ,house of ,representatives1 or ,delegate or ,commissioner from a ,territory or possession4 4 7b7 ,private right of action 7#a7 ,in general ,subsection 7c7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;c77 is amended-- 7,a7 by striking ,whenever any person and inserting the following3 7#a7 ,whenever any person 2 and 7,b7 by adding at the end the following new paragraph3 7#b7 ,any person aggrieved by a violation of subsection 7b77#b71 7b77#c71 or 7b77#d7 may institute a civil action for preventive relief1 including an application in a ,united ,states district court for a permanent or temporary injunction1 restraining order1 or other order4 ,in any such action1 the court1 in its discretion1 may allow the prevailing party a reasonable attorney's fee as part of the costs4 4 7#b7 ,conforming amendments 7,a7 ,subsection 7e7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;e77 is amended by striking subsection 7c7 and inserting subsection 7c77#a74 7,b7 ,subsection 7g7 of section #bjjd of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;g77 is amended by striking subsection 7c7 and inserting subsection 7c77#a74 7c7 ,criminal penalties 7#a7 ,deceptive acts ,section #eid of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking ,whoever and inserting the following3 7a7 ,intimidation ,whoever 2 7,b7 in subsection 7a71 as inserted by subparagraph 7,a71 by striking at any election and inserting at any general1 primary1 run-off1 or special election2 and 7,c7 by adding at the end the following new subsections3 7b7 ,deceptive acts 7#a7 ,false statements regarding ,federal elections 7,a7 ,prohibition ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 within #fj days before an election described in subsection 7e71 by any means1 including by means of written1 electronic1 or telephonic communications1 to communicate or cause to be communicated information described in subparagraph 7,b71 or produce information described in subparagraph 7,b7 with the intent that such information be communicated1 if such person-- 7i7 knows such information to be materially false2 and 7ii7 has the intent to mislead voters1 or the intent to impede or prevent another person from exercising the right to vote in an election described in subsection 7e74 7,b7 ,information described ,information is described in this subparagraph if such information is regarding-- 7i7 the time or place of holding any election described in subsection 7e72 or 7ii7 the qualifications for or restrictions on voter eligibility for any such election1 including-- 7,i7 any criminal penalties associated with voting in any such election2 or 7,,ii7 information regarding a voter's registration status or eligibility4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj1 imprisoned for not more than #e years1 or both4 7c7 ,hindering1 interfering with1 or preventing voting or registering ,to vote 7#a7 ,prohibition ,it shall be unlawful for any person1 whether acting under color of law or otherwise1 to intentionally hinder1 interfere with1 or prevent another person from voting1 registering to vote1 or aiding another person to vote or register to vote in an election described in subsection 7e74 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be fined not more than #ajj1jjj1 imprisoned for not more than #e years1 or both4 7d7 ,attempt ,any person who attempts to commit any offense described in subsection 7a71 7b77#a71 or 7c77#a7 shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit4 7e7 ,election described ,an election described in this subsection is any general1 primary1 run-off1 or special election held solely or in part for the purpose of nominating or electing a candidate for the office of ,president1 ,vice ,president1 presidential elector1 ,member of the ,senate1 ,member of the ,house of ,representatives1 or ,delegate or ,commissioner from a ,territory or possession4 4 7#b7 ,modification of penalty for voter intimidation ,section #eid7;a7 of title #ah1 ,united ,states ,code1 as amended by paragraph 7#a71 is amended by striking fined under this title or imprisoned not more than one year and inserting fined not more than #ajj1jjj1 imprisoned for not more than #e years4 7#c7 ,sentencing guidelines 7,a7 ,review and amendment ,not later than #ahj days after the date of enactment of this ,act1 the ,united ,states ,sentencing ,commission1 pursuant to its authority under section #iid of title #bh1 ,united ,states ,code1 and in accordance with this section1 shall review and1 if appropriate1 amend the ,federal sentencing guidelines and policy statements applicable to persons convicted of any offense under section #eid of title #ah1 ,united ,states ,code1 as amended by this section4 7,b7 ,authorization ,the ,united ,states ,sentencing ,commission may amend the ,federal ,sentencing ,guidelines in accordance with the procedures set forth in section #ba7;a7 of the ,sentencing ,act of #aihg 7#bh ,u4,s4,c4 #iid note7 as though the authority under that section had not expired4 7#d7 ,payments for refraining from voting ,subsection 7c7 of section #aa of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjg7 is amended by striking either for registration to vote or for voting and inserting for registration to vote1 for voting1 or for not voting4 #cac4 ,corrective action 7a7 ,corrective action 7#a7 ,in general ,if the ,attorney ,general receives a credible report that materially false information has been or is being communicated in violation of paragraphs 7#b7 and 7#c7 of section #bjjd7;b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b771 as added by section #cab7;a71 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 information1 the ,attorney ,general shall1 pursuant to the written procedures and standards under subsection 7b71 communicate to the public1 by any means1 including by means of written1 electronic1 or telephonic communications1 accurate information designed to correct the materially false information4 7#b7 ,communication of corrective information ,any information communicated by the ,attorney ,general under paragraph 7#a7-- 7,a7 shall-- 7i7 be accurate and objective2 7ii7 consist of only the information necessary to correct the materially false information that has been or is being communicated2 and 7iii7 to the extent practicable1 be by a means that the ,attorney ,general determines will reach the persons to whom the materially false information has been or is being communicated2 and 7,b7 shall not be designed to favor or disfavor any particular candidate1 organization1 or political party4 7b7 ,written procedures and standards for taking corrective action 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall publish written procedures and standards for determining when and how corrective action will be taken under this section4 7#b7 ,inclusion of appropriate deadlines ,the procedures and standards under paragraph 7#a7 shall include appropriate deadlines1 based in part on the number of days remaining before the upcoming election4 7#c7 ,consultation ,in developing the procedures and standards under paragraph 7#a71 the ,attorney ,general shall consult with the ,election ,assistance ,commission1 ,state and local election officials1 civil rights organizations1 voting rights groups1 voter protection groups1 and other interested community organizations4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to the ,attorney ,general such sums as may be necessary to carry out this subtitle4 #cad4 ,reports to ,congress 7a7 ,in general ,not later than #ahj days after each general election for ,federal office1 the ,attorney ,general shall submit to ,congress a report compiling all allegations received by the ,attorney ,general of deceptive practices described in paragraphs 7#b71 7#c71 and 7#d7 of section #bjjd7;b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;b771 as added by section #cab7;a71 relating to the general election for ,federal office and any primary1 run-off1 or a special election for ,federal office held in the #b years preceding the general election4 7b7 ,contents 7#a7 ,in general ,each report submitted under subsection 7a7 shall include-- 7,a7 a description of each allegation of a deceptive practice described in subsection 7a71 including the geographic location1 racial and ethnic composition1 and language minority-group membership of the persons toward whom the alleged deceptive practice was directed2 7,b7 the status of the investigation of each allegation described in subparagraph 7,a72 7,c7 a description of each corrective action taken by the ,attorney ,general under section #d7;a7 in response to an allegation described in subparagraph 7,a72 7,d7 a description of each referral of an allegation described in subparagraph 7,a7 to other ,federal1 ,state1 or local agencies2 7,e7 to the extent information is available1 a description of any civil action instituted under section #bjjd7;c77#b7 of the ,revised ,statutes 7#eb ,u4,s4,c4 #ajaja7;c77#b771 as added by section #cab7;b71 in connection with an allegation described in subparagraph 7,a72 and 7,f7 a description of any criminal prosecution instituted under section #eid of title #ah1 ,united ,states ,code1 as amended by section #c7;c71 in connection with the receipt of an allegation described in subparagraph 7,a7 by the ,attorney ,general4 7#b7 ,exclusion of certain information 7,a7 ,in general ,the ,attorney ,general shall not include in a report submitted under subsection 7a7 any information protected from disclosure by rule #f7;e7 of the ,federal ,rules of ,criminal ,procedure or any ,federal criminal statute4 7,b7 ,exclusion of certain other information ,the ,attorney ,general may determine that the following information shall not be included in a report submitted under subsection 7a73 7i7 ,any information that is privileged4 7ii7 ,any information concerning an ongoing investigation4 7iii7 ,any information concerning a criminal or civil proceeding conducted under seal4 7iv7 ,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 investigation4 7c7 ,report made public ,on the date that the ,attorney ,general submits the report under subsection 7a71 the ,attorney ,general shall also make the report publicly available through the internet and other appropriate means4 ,,iv ,miscellaneous ,provisions #dja4 ,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 ,commission1 the ,attorney ,general1 or any other person has promulgated regulations to carry out such provision or such amendment4 #djb4 ,severability ,if any provision of this ,act or any amendment made by this ,act1 or the application of a provision of this ,act or an amendment made by this ,act to any person or circumstance1 is held to be unconstitutional1 the remainder of this ,act1 and the application of the provisions to any person or circumstance1 shall not be affected by the holding4