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KEL19475 S.L.C.

AMENDMENT NO.llll Calendar No.lll


Purpose: To amend the Federal Election Campaign Act of
1971 to clarify the obligation to report acts of foreign
election influence and require implementation of compli-
ance and reporting systems by Federal campaigns to
detect and report such acts.

IN THE SENATE OF THE UNITED STATES—116th Cong., 1st Sess.

S. 1790

To authorize appropriations for fiscal year 2020 for military


activities of the Department of Defense, for military
construction, and for defense activities of the Depart-
ment of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT intended to be proposed by Mr. WARNER
Viz:
1 At the end of subtitle H of title X, insert the fol-
2 lowing:
3 SEC. l. FOREIGN INFLUENCE REPORTING IN ELECTIONS.

4 (a) FEDERAL CAMPAIGN REPORTING OF FOREIGN


5 CONTACTS.—Section 304 of the Federal Election Cam-
6 paign Act of 1971 (52 U.S.C. 30104) is amended by add-
7 ing at the end the following new subsection:
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1 ‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN CON-
2 TACTS.—

3 ‘‘(1) COMMITTEE OBLIGATION.—Not later than


4 1 week after a reportable foreign contact, each au-
5 thorized committee of a candidate for the office of
6 President shall notify the Federal Bureau of Inves-
7 tigation and the Commission of the reportable for-
8 eign contact and provide a summary of the cir-
9 cumstances with respect to such reportable foreign
10 contact.
11 ‘‘(2) INDIVIDUAL OBLIGATION.—Not later than
12 1 week after a reportable foreign contact—
13 ‘‘(A) each candidate for the office of Presi-
14 dent shall notify the treasurer or other des-
15 ignated official of the principal campaign com-
16 mittee of such candidate of the reportable for-
17 eign contact and provide a summary of the cir-
18 cumstances with respect to such reportable for-
19 eign contact; and
20 ‘‘(B) each official, employee, or agent of an
21 authorized committee of a candidate for the of-
22 fice of President shall notify the treasurer or
23 other designated official of the authorized com-
24 mittee of the reportable foreign contact and
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1 provide a summary of the circumstances with
2 respect to such reportable foreign contact.
3 ‘‘(3) REPORTABLE FOREIGN CONTACT.—In this
4 subsection:
5 ‘‘(A) IN GENERAL.—The term ‘reportable
6 foreign contact’ means any direct or indirect
7 contact or communication that—
8 ‘‘(i) is between—
9 ‘‘(I) a candidate for the office of
10 President, an authorized committee of
11 such a candidate, or any official, em-
12 ployee, or agent of such authorized
13 committee; and
14 ‘‘(II) a foreign national (as de-
15 fined in section 319(b)) or a person
16 that the person described in subclause
17 (I) believes to be a foreign national;
18 and
19 ‘‘(ii) the person described in clause
20 (i)(I) knows, has reason to know, or rea-
21 sonably believes involves—
22 ‘‘(I) a contribution, donation, ex-
23 penditure, disbursement, or solicita-
24 tion described in section 319; or
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1 ‘‘(II) coordination or collabora-
2 tion with, an offer or provision of in-
3 formation or services to or from, or
4 persistent and repeated contact with a
5 government of a foreign country or an
6 agent thereof.
7 ‘‘(B) EXCEPTION.—Such term shall not in-
8 clude any contact or communication with a for-
9 eign government or an agent of a foreign prin-
10 cipal by an elected official or an employee of an
11 elected official solely in an official capacity as
12 such an official or employee.’’.
13 (b) FEDERAL CAMPAIGN FOREIGN CONTACT RE-
14 PORTING COMPLIANCE SYSTEM.—Section 302(e) of the
15 Federal Election Campaign Act of 1971 (52 U.S.C.
16 30102(e)) is amended by adding at the end the following
17 new paragraph:
18 ‘‘(6) REPORTABLE FOREIGN CONTACTS COMPLI-

19 ANCE POLICY.—

20 ‘‘(A) REPORTING.—Each authorized com-


21 mittee of a candidate for the office of President
22 shall establish a policy that requires all officials,
23 employees, and agents of such committee to no-
24 tify the treasurer or other appropriate des-
25 ignated official of the committee of any report-
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1 able foreign contact (as defined in section
2 304(j)) not later than 1 week after such contact
3 was made.
4 ‘‘(B) RETENTION AND PRESERVATION OF

5 RECORDS.—Each authorized committee of a


6 candidate for the office of President shall estab-
7 lish a policy that provides for the retention and
8 preservation of records and information related
9 to reportable foreign contacts (as so defined)
10 for a period of not less than 3 years.
11 ‘‘(C) CERTIFICATION.—Upon designation
12 of a political committee as an authorized com-
13 mittee by a candidate for the office of Presi-
14 dent, and with each report filed by such com-
15 mittee under section 304(a), the candidate shall
16 certify that—
17 ‘‘(i) the committee has in place poli-
18 cies that meets the requirements of sub-
19 paragraph (A) and (B);
20 ‘‘(ii) the committee has designated an
21 official to monitor compliance with such
22 policies; and
23 ‘‘(iii) not later than 1 week after the
24 beginning of any formal or informal affili-
25 ation with the committee, all officials, em-
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1 ployees, and agents of such committee
2 will—
3 ‘‘(I) receive notice of such poli-
4 cies; and
5 ‘‘(II) be informed of the prohibi-
6 tions under section 319; and
7 ‘‘(III) sign a certification affirm-
8 ing their understanding of such poli-
9 cies and prohibitions.’’.
10 (c) CRIMINAL PENALTIES.—Section 309(d)(1) of the
11 Federal Election Campaign Act of 1971 (52 U.S.C.
12 30109(d)(1)) is amended by adding at the end the fol-
13 lowing new subparagraphs:
14 ‘‘(E) Any person who knowingly and will-
15 fully commits a violation of section 304(j) or
16 section 302(e)(6) shall be fined not more than
17 $500,000, imprisoned not more than 5 years, or
18 both.
19 ‘‘(F) Any person who knowingly or will-
20 fully conceals or destroys any materials relating
21 to a reportable foreign contact (as defined in
22 section 304(j)) shall be fined not more than
23 $1,000,000, imprisoned not more than 5 years,
24 or both.’’.
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1 (d) RULE OF CONSTRUCTION.—Nothing in this sec-
2 tion or the amendments made by this section shall be con-
3 strued—
4 (1) to impede legitimate journalistic activities;
5 or
6 (2) to impose any additional limitation on the
7 right of any individual who is not a citizen of the
8 United States or a national of the United States (as
9 defined in section 101(a)(22) of the Immigration
10 and Nationality Act) and who is not lawfully admit-
11 ted for permanent residence, as defined by section
12 101(a)(20) of the Immigration and Nationality Act
13 (8 U.S.C. 1101(a)(20)) to express political views or
14 to participate in public discourse.