,,ii #aafth ,,congress #ast ,session ,s4 #adfi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ad1 #bjai ,mrs4 ,feinstein 7for herself1 ,mr4 ,blumenthal1 ,mr4 ,leahy1 ,mr4 ,durbin1 ,mr4 ,whitehouse1 ,ms4 ,klobuchar1 ,ms4 ,harris1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to prohibit interfering in elections with agents of a foreign government4 #a4 ,short title ,this ,act may be cited as the ,prevention of ,foreign ,interference with ,elections ,act of #bjai4 #b4 ,interference in elections by foreign nationals 7a7 ,in general ,chapter #bi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #fab4 ,interference in elections by foreign nationals 7a7 ,penalty 7#a7 ,in general ,whoever-- 7,a7 conspires with an individual1 while having knowledge or reasonable cause to believe such individual is a foreign national1 to prevent1 obstruct1 impede1 interfere with1 promote1 support1 or oppose the nomination or the election of any candidate for any ,federal1 ,state1 or local office1 or any ballot measure1 initiative1 or referendum2 and 7,b7 knows or has reasonable cause to believe that an interfering act would be or has been committed to effect the object of the conspiracy2 shall be fined under this title1 imprisoned for not more than #e years1 or both4 7#b7 ,agents of foreign powers ,whoever violates paragraph 7#a7 by conspiring with an agent of a foreign power shall be fined under this title1 imprisoned for not more than #aj years1 or both4 7b7 ,consecutive sentence ,no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law4 7c7 ,injunctions 7#a7 ,in general ,whenever it shall appear that any person is engaged or is about to engage in any act which constitutes a violation of this section1 the ,attorney ,general may bring a civil action in a district court of the ,united ,states seeking an order to enjoin such act4 7#b7 ,action by court ,the court shall proceed as soon as practicable to the hearing and determination of a civil action brought under this subsection1 and may1 at any time before final determination1 enter such a restraining order or prohibition1 or take such other action1 as is warranted to prevent a continuing and substantial injury to the ,united ,states1 a ,state1 or a locality1 or to any person or class of persons for whose protection the civil action is brought4 7#c7 ,procedure 7,a7 ,in general ,a proceeding under this subsection shall be governed by the ,federal ,rules of ,civil ,procedure1 except that1 if an indictment has been returned against the respondent1 discovery shall be governed by the ,federal ,rules of ,criminal ,procedure4 7,b7 ,sealed proceedings ,if a civil action is brought under this subsection1 before an indictment is returned against the respondent or while an indictment against the respondent is under seal-- 7i7 the court shall place the civil action under seal2 and 7ii7 when the indictment is unsealed1 the court shall unseal the civil action unless good cause exists to keep the civil action under seal4 7#d7 ,classified information if indictment has not been returned against respondent ,for any civil proceeding brought by the ,attorney ,general under this subsection in which an indictment has not been returned against the respondent1 classified information in the civil proceeding shall be subject to the procedures described in section #bcci;,b7f74 7d7 ,definitions ,in this section-- 7#a7 the term agent of a foreign power-- 7,a7 has the meaning given to the term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja72 and 7,b7 does not include a ,united ,states person 7as defined under section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja772 7#b7 the term classified information has the meaning given the term in section #a of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app472 7#c7 the term foreign national-- 7,a7 means a foreign principal1 as such term is defined by section #a7;b7 of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa7;b772 and 7,b7 does not include any individual who is a citizen of the ,united ,states or a lawful permanent resident of the ,united ,states2 and 7#d7 the term interfering act means any offense1 that does have to be otherwise proven1 under or violation of-- 7,a7 this title2 7,b7 section #ab of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajcjh72 7,c7 the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq472 or 7,d7 chapter #ie or #if of the ,internal ,revenue ,code of #aihf4 7e7 ,rule of construction ,nothing in this section shall be construed or applied to abridge the exercise of rights guaranteed under the ,first ,amendment to the ,constitution of the ,united ,states4 4 7b7 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act1 the amendments made by this ,act1 and the applications of the provisions of such to any other person or circumstance shall not be affected thereby4 7c7 ,technical and conforming amendment ,the table of sections for chapter #bi of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #fab4 ,interference in elections by foreign nationals4 4 #c4 ,inadmissibility for interference in elections by foreign nationals ,section #bab7;a77#aj77;,d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#aj77;,d77 is amended to read as follows3 7,d7 ,unlawful voters and election interference by foreign nationals 7i7 ,unlawful voters ,except as provided in clause 7iii71 any alien who has voted in violation of any ,federal1 ,state1 or local constitutional provision1 statute1 ordinance1 or regulation is inadmissible4 7ii7 ,election interference by foreign nationals 7,i7 ,in general ,except as provided in subclause 7,,ii7 and clause 7iii71 any alien convicted of violating section #fab of title #ah1 ,united ,states ,code1 is inadmissible4 7,,ii7 ,exception ,if an alien described in subclause 7,i7 is eligible under section #bde7;j7 for an adjustment of status to that of an alien lawfully admitted for permanent residence1 the ,secretary of ,homeland ,security1 in the ,secretary's sole1 unreviewable discretion1 may waive the applicability of subclause 7,i7 with respect to such alien4 7iii7 ,exception ,an alien shall not be considered to be inadmissible under this subparagraph if-- 7,i7 the alien voted in a ,federal1 ,state1 or local election 7including an initiative1 recall1 or referendum7 in violation of a lawful restriction of voting to citizens2 7,,ii7 each natural parent of the alien 7or1 in the case of an adopted alien1 each adoptive parent of the alien7 is or was a ,united ,states citizen 7whether by birth or naturalization72 7,,iii7 the alien permanently resided in the ,united ,states before reaching #af years of age2 and 7,,iv7 the alien reasonably believed at the time of the violation described in clause 7i7 or 7ii77,i7 that he or she was a ,united ,states citizen4 4 #d4 ,strengthening prohibitions on expenditures by foreign nationals ,section #cai of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7 is amended-- 7#a7 in subsection 7a77#a77;,c71 by inserting 1 subject to subsection 7c7 after within the meaning of section #cjd7;f77#c72 and 7#b7 by adding at the end the following new subsections3 7c7 ,application to electioneering communications 7#a7 ,electioneering communications 7,a7 ,in general ,for purposes of applying subsection 7a77#a77;,c7 and subsection 7d71 an electioneering communication-- 7i7 does not include a news story1 commentary1 editorial1 or other communication produced and distributed in the ordinary course of bona fide press activity by a news or press service or association1 newspaper1 magazine1 periodical1 or other publication as determined under subparagraph 7,b72 7ii7 except as provided in clause 7i71 includes an ,internet or digital communication that otherwise meets the requirements of section #cjd7;f77#c7 as modified by this paragraph2 7iii7 includes a communication that does not refer to a clearly identified candidate for ,federal office as described in subparagraph 7,a77i77,i7 of section #cjd7;f77#c7 if-- 7,i7 the communication otherwise meets the requirements of such section as modified by this paragraph except that items 7aa7 and 7bb7 of subparagraph 7,a77i77,,ii7 of such section shall each be applied by substituting ,federal1 ,state1 or local office for the office sought by the candidate2 7,,ii7 the communication-- 7aa7 references voting or a ,federal1 ,state1 or local election2 7bb7 addresses an issue that is reasonably understood to distinguish one candidate for ,federal1 ,state1 or local office from another2 7cc7 republishes or is substantially identical to the communications of a candidate for ,federal1 ,state1 or local office on that same issue2 7dd7 expresses approval or disapproval of a position reasonably identified with a candidate for ,federal1 ,state1 or local office and presented in substantially similar terms1 regardless of whether there is a specific reference to that candidate2 or 7ee7 references an employee of a candidate or campaign for ,federal1 ,state1 or local office or a political party2 and 7iv7 does not include a commercial advertisement for goods or services by a foreign corporation or business entity4 7,b7 ,determination of bona fide press activity ,for purposes of subparagraph 7,a77i71 a news story1 commentary1 editorial1 or other communication is not produced and distributed in the ordinary course of bona fide press activity by a news or press service or association1 newspaper1 magazine1 periodical1 or other publication and the exception under such subparagraph shall not apply if-- 7i7 such media outlet is owned1 directed1 supervised1 controlled1 subsidized1 or financed by a government of a foreign country1 as defined in section #a of the ,foreign ,agents ,registration ,act of #aich 7#bb ,u4,s4,c4 #faa72 and 7ii7 such news story1 commentary1 editorial1 or other communication-- 7,i7 is directed1 produced1 or distributed1 at the direction of government or political party officials2 and 7,,ii7 promotes1 attacks1 supports1 or opposes any candidate for public office or political party in the ,united ,states4 7#b7 ,foreign individual ,internet activity exception 7,a7 ,in general ,when an individual or a group of individuals engages in ,internet activities for the purposes of influencing an election1 neither of the following is a contribution or expenditure for purposes of this section by that individual or group of individuals3 7i7 ,the uncompensated personal services of the individual related to such ,internet activities4 ,the exception under the preceding sentence shall not apply to individuals or a group of individuals acting on behalf of or in any capacity at the order1 request1 or under the direction or control1 of a government of a foreign country1 a foreign political party1 or a person whose activities are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized in whole or in major part by a government of a foreign country or a foreign political party4 7ii7 ,the use of equipment or services by the individual for uncompensated ,internet activities1 regardless of the identity of the owner of the equipment or services4 ,the exception under the preceding sentence shall not apply to equipment or services supplied or provided directly or indirectly by a government of a foreign country1 a foreign political party1 or a person whose activities are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized in whole or in major part by a government of a foreign country or a foreign political party4 7,b7 ,definition ,for purposes of this paragraph1 the terms ,internet activities and equipment and services have the meaning given such terms in section #ajj4id of title #aa1 ,code of ,federal ,regulations 7or any successor regulation74 7d7 ,prohibition on providing substantial assistance to a foreign governments and foreign political parties in making contributions1 donations1 or expenditures 7#a7 ,in general ,no person shall knowingly provide substantial assistance to a foreign national1 including a foreign government or foreign political party1 with respect to directly or indirectly making a contribution or donation1 or other thing of value1 or an expenditure1 independent expenditure1 or disbursement for an electioneering communication 7within the meaning of section #cjd7;f77#c771 or any other act prohibited under subsection 7a74 7#b7 ,definition ,as used in this subsection1 the term providing substantial assistance means1 with respect to an act described in paragraph 7#a71 the facilitation of such act by a foreign national1 including a foreign government or foreign political party4 ,such facilitation includes the knowing republication of foreign government and foreign political party electioneering communications referred to in subsection 7b71 regardless of whether the communication was made in concert or cooperation with or at the request or suggestion of a foreign government or foreign political party4 4