IIB 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:41 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.RFS H4617 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 4617 RFS SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Stopping Harmful Interference in Elections for a Lasting 3 Democracy Act’’ or the ‘‘SHIELD Act’’. 4 (b) TABLE OF CONTENTS.—The table of contents of 5 this Act is as follows: 6 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 for- eign nationals in the form of online advertising. Sec. 118. Independent study on media literacy and online political content con- sumption. 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 disburse- ments 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 contribu- tions and donations by foreign nationals. TITLE III—DETERRING FOREIGN INTERFERENCE IN ELECTIONS Subtitle A—Deterrence Under Federal Election Campaign Act of 1971 VerDate Sep 11 2014 23:41 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H4617.RFS H4617 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 4617 RFS Sec. 301. Restrictions on exchange of campaign information between candidates and foreign powers. Sec. 302. Clarification of standard for determining existence of coordination be- tween campaigns and outside interests. Sec. 303. Prohibition on provision of substantial assistance relating to contribu- tion 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 inter- ference 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 1 REPORTING REQUIREMENTS 2 Subtitle A—Establishing Duty To 3 Report Foreign Election Inter- 4 ference 5 SEC. 101. FEDERAL CAMPAIGN REPORTING OF FOREIGN 6 CONTACTS. 7 (a) INITIAL NOTICE.— 8 VerDate Sep 11 2014 23:41 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.RFS H4617 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 4617 RFS (1) IN GENERAL.—Section 304 of the Federal 1 Election Campaign Act of 1971 (52 U.S.C. 30104) 2 is amended by adding at the end the following new 3 subsection: 4 ‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN CON- 5 TACTS.— 6 ‘‘(1) COMMITTEE OBLIGATION TO NOTIFY.— 7 Not later than 1 week after a reportable foreign con- 8 tact, each political committee shall notify the Fed- 9 eral Bureau of Investigation and the Commission of 10 the reportable foreign contact and provide a sum- 11 mary of the circumstances with respect to such re- 12 portable foreign contact. The Federal Bureau of In- 13 vestigation, not later than 1 week after receiving a 14 notification from a political committee under this 15 paragraph, shall submit to the political committee, 16 the Permanent Select Committee on Intelligence of 17 the House of Representatives, and the Select Com- 18 mittee on Intelligence of the Senate written or elec- 19 tronic confirmation of receipt of the notification. 20 ‘‘(2) INDIVIDUAL OBLIGATION TO NOTIFY.— 21 Not later than 3 days after a reportable foreign con- 22 tact— 23 ‘‘(A) each candidate and each immediate 24 family member of a candidate shall notify the 25 VerDate Sep 11 2014 23:41 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.RFS H4617 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 4617 RFS treasurer or other designated official of the 1 principal campaign committee of such candidate 2 of the reportable foreign contact and provide a 3 summary of the circumstances with respect to 4 such reportable foreign contact; and 5 ‘‘(B) each official, employee, or agent of a 6 political committee shall notify the treasurer or 7 other designated official of the committee of the 8 reportable foreign contact and provide a sum- 9 mary of the circumstances with respect to such 10 reportable foreign contact. 11 ‘‘(3) REPORTABLE FOREIGN CONTACT.—In this 12 subsection: 13 ‘‘(A) IN GENERAL.—The term ‘reportable 14 foreign contact’ means any direct or indirect 15 contact or communication that— 16 ‘‘(i) is between— 17 ‘‘(I) a candidate, an immediate 18 family member of the candidate, a po- 19 litical committee, or any official, em- 20 ployee, or agent of such committee; 21 and 22 ‘‘(II) an individual that the per- 23 son described in subclause (I) knows, 24 has reason to know, or reasonably be- 25 VerDate Sep 11 2014 23:41 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.RFS H4617 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 4617 RFS lieves is a covered foreign national; 1 and 2 ‘‘(ii) the person described in clause 3 (i)(I) knows, has reason to know, or rea- 4 sonably believes involves— 5 ‘‘(I) an offer or other proposal 6 for a contribution, donation, expendi- 7 ture, disbursement, or solicitation de- 8 scribed in section 319; or 9 ‘‘(II) coordination or collabora- 10 tion with, an offer or provision of in- 11 formation or services to or from, or 12 persistent and repeated contact with, 13 a covered foreign national in connec- 14 tion with an election. 15 ‘‘(B) EXCEPTIONS.— 16 ‘‘(i) CONTACTS IN OFFICIAL CAPACITY 17 AS ELECTED OFFICIAL.—The term ‘report- 18 able foreign contact’ shall not include any 19 contact or communication with a covered 20 foreign national by an elected official or an 21 employee of an elected official solely in an 22 official capacity as such an official or em- 23 ployee. 24 VerDate Sep 11 2014 23:41 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.RFS H4617 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 4617 RFS ‘‘(ii) CONTACTS FOR PURPOSES OF 1 ENABLING OBSERVATION OF ELECTIONS 2 BY INTERNATIONAL OBSERVERS.—The 3 term ‘reportable foreign contact’ shall not 4 include any contact or communication with 5 a covered foreign national by any person 6 which is made for purposes of enabling the 7 observation of elections in the United 8 States by a foreign national or the obser- 9 vation of elections outside of the United 10 States by a candidate, political committee, 11 or any official, employee, or agent of such 12 committee. 13 ‘‘(iii) EXCEPTIONS NOT APPLICABLE 14 IF CONTACTS OR COMMUNICATIONS IN- 15 VOLVE PROHIBITED DISBURSEMENTS.—A 16 contact or communication by an elected of- 17 ficial or an employee of an elected official 18 shall not be considered to be made solely 19 in an official capacity for purposes of 20 clause (i), and a contact or communication 21 shall not be considered to be made for pur- 22 poses of enabling the observation of elec- 23 tions for purposes of clause (ii), if the con- 24 tact or communication involves a contribu- 25 VerDate Sep 11 2014 23:41 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.RFS H4617 pamtmann on DSKBC07HB2PROD with BILLS 8 HR 4617 RFS tion, donation, expenditure, disbursement, 1 or solicitation described in section 319. 2 ‘‘(C) COVERED FOREIGN NATIONAL DE- 3 FINED.— 4 ‘‘(i) IN GENERAL.—In this paragraph, 5 the term ‘covered foreign national’ 6 means— 7 ‘‘(I) a foreign principal (as de- 8 fined in section 1(b) of the Foreign 9 Agents Registration Act of 1938 (22 10 U.S.C. 611(b)) that is a government 11 of a foreign country or a foreign polit- 12 ical party; 13 ‘‘(II) any person who acts as an 14 agent, representative, employee, or 15 servant, or any person who acts in 16 any other capacity at the order, re- 17 quest, or under the direction or con- 18 trol, of a foreign principal described in 19 subclause (I) or of a person any of 20 whose activities are directly or indi- 21 rectly supervised, directed, controlled, 22 financed, or subsidized in whole or in 23 major part by a foreign principal de- 24 scribed in subclause (I); or 25 VerDate Sep 11 2014 23:41 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.RFS H4617 pamtmann on DSKBC07HB2PROD with BILLS 9 HR 4617 RFS ‘‘(III) any person included in the 1 list of specially designated nationals 2 and blocked persons maintained by 3 the Office of Foreign Assets Control 4 of the Department of the Treasury 5 pursuant to authorities relating to the 6 imposition of sanctions relating to the 7 conduct of a foreign principal de- 8 scribed in subclause (I). 9 ‘‘(ii) CLARIFICATION REGARDING AP- 10 PLICATION TO CITIZENS OF THE UNITED 11 STATES.—In the case of a citizen of the 12 United States, subclause (II) of clause (i) 13 applies only to the extent that the person 14 involved acts within the scope of that per- 15 son’s status as the agent of a foreign prin- 16 cipal described in subclause (I) of clause 17 (i). 18 ‘‘(4) IMMEDIATE FAMILY MEMBER.—In this 19 subsection, the term ‘immediate family member’ 20 means, with respect to a candidate, a parent, parent- 21 in-law, spouse, adult child, or sibling.’’. 22 (2) EFFECTIVE DATE.—The amendment made 23 by paragraph (1) shall apply with respect to report- 24 VerDate Sep 11 2014 23:41 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.RFS H4617 pamtmann on DSKBC07HB2PROD with BILLS 10 HR 4617 RFS able foreign contacts which occur on or after the 1 date of the enactment of this Act. 2 (b) INFORMATION INCLUDED ON REPORT.— 3 (1) IN GENERAL.—Section 304(b) of such Act 4 (52 U.S.C. 30104(b)) is amended— 5 (A) by striking ‘‘and’’ at the end of para- 6 graph (7); 7 (B) by striking the period at the end of 8 paragraph (8) and inserting ‘‘; and’’; and 9 (C) by adding at the end the following new 10 paragraph: 11 ‘‘(9) for any reportable foreign contact (as de- 12 fined in subsection (j)(3))— 13 ‘‘(A) the date, time, and location of the 14 contact; 15 ‘‘(B) the date and time of when a des- 16 ignated official of the committee was notified of 17 the contact; 18 ‘‘(C) the identity of individuals involved; 19 and 20 ‘‘(D) a description of the contact, including 21 the nature of any contribution, donation, ex- 22 penditure, disbursement, or solicitation involved 23 and the nature of any activity described in sub- 24 section (j)(3)(A)(ii)(II) involved.’’. 25 VerDate Sep 11 2014 23:41 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.RFS H4617 pamtmann on DSKBC07HB2PROD with BILLS 11 HR 4617 RFS (2) EFFECTIVE DATE.—The amendment made 1 by paragraph (1) shall apply with respect to reports 2 filed on or after the expiration of the 60-day period 3 which begins on the date of the enactment of this 4 Act. 5 SEC. 102. FEDERAL CAMPAIGN FOREIGN CONTACT RE- 6 PORTING COMPLIANCE SYSTEM. 7 (a) IN GENERAL.—Section 302 of the Federal Elec- 8 tion Campaign Act of 1971 (52 U.S.C. 30102) is amended 9 by adding at the end the following new subsection: 10 ‘‘(j) REPORTABLE FOREIGN CONTACTS COMPLIANCE 11 POLICY.— 12 ‘‘(1) REPORTING.—Each political committee 13 shall establish a policy that requires all officials, em- 14 ployees, and agents of such committee to notify the 15 treasurer or other appropriate designated official of 16 the committee of any reportable foreign contact (as 17 defined in section 304(j)) not later than 3 days after 18 such contact was made. 19 ‘‘(2) RETENTION AND PRESERVATION OF 20 RECORDS.—Each political committee shall establish 21 a policy that provides for the retention and preserva- 22 tion of records and information related to reportable 23 foreign contacts (as so defined) for a period of not 24 less than 3 years. 25 VerDate Sep 11 2014 23:41 Oct 28, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.RFS H4617 pamtmann on DSKBC07HB2PROD with BILLS 12 HR 4617 RFS ‘‘(3) CERTIFICATION.— 1 ‘‘(A) IN GENERAL.—Upon filing its state- 2 ment of organization under section 303(a), and 3 with each report filed under section 304(a), the 4 treasurer of each political committee (other 5 than an authorized committee) shall certify 6 that— 7 ‘‘(i) the committee has in place poli- 8 cies that meet the requirements of para- 9 graphs (1) and (2); 10 ‘‘(ii) the committee has designated an 11 official to monitor compliance with such 12 polic [Text truncated for display. 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