I 

116TH CONGRESS 

1ST SESSION H. R. 4617 

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. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 8, 2019 

Ms. LOFGREN (for herself, Mr. SARBANES, Mr. RASKIN, Mrs. DAVIS of California, Mr. BUTTERFIELD, Ms. FUDGE, Mr. AGUILAR, Mr. NADLER, Mrs. 

MURPHY of Florida, Mr. MCEACHIN, Mr. MALINOWSKI, and Mr. KILMER) introduced the following bill; which was referred to the Committee 

on House Administration, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, 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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 4617 IH

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Stopping Harmful Interference in Elections for a Lasting 

4 Democracy Act’’ or the ‘‘SHIELD Act’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of 

6 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. 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. 

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. 

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. 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 4617 IH

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. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Effective dates of provisions. 

Sec. 402. Severability. 

1 TITLE I—ENHANCED 

2 REPORTING REQUIREMENTS 

3 Subtitle A—Establishing Duty To 

4 Report Foreign Election Inter5 ference 

6 SEC. 101. FEDERAL CAMPAIGN REPORTING OF FOREIGN 

7 CONTACTS. 

8 (a) INITIAL NOTICE.— 

9 (1) IN GENERAL.—Section 304 of the Federal 

10 Election Campaign Act of 1971 (52 U.S.C. 30104) 

11 is amended by adding at the end the following new 

12 subsection: 

13 ‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN CON14 TACTS.— 

15 ‘‘(1) COMMITTEE OBLIGATION TO NOTIFY.— 

16 Not later than 1 week after a reportable foreign con17 tact, each political committee shall notify the Fed18 eral Bureau of Investigation and the Commission of 

19 the reportable foreign contact and provide a sumVerDate Sep 11 2014 23:05 Oct 08, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.IH H4617

kjohnson on DSK79L0C42 with BILLS
4 

•HR 4617 IH

1 mary of the circumstances with respect to such re2 portable foreign contact. 

3 ‘‘(2) INDIVIDUAL OBLIGATION TO NOTIFY.— 

4 Not later than 3 days after a reportable foreign con5 tact— 

6 ‘‘(A) each candidate shall notify the treas7 urer or other designated official of the principal 

8 campaign committee of such candidate of the 

9 reportable foreign contact and provide a sum10 mary of the circumstances with respect to such 

11 reportable foreign contact; and 

12 ‘‘(B) each official, employee, or agent of a 

13 political committee shall notify the treasurer or 

14 other designated official of the committee of the 

15 reportable foreign contact and provide a sum16 mary of the circumstances with respect to such 

17 reportable foreign contact. 

18 ‘‘(3) REPORTABLE FOREIGN CONTACT.—In this 

19 subsection: 

20 ‘‘(A) IN GENERAL.—The term ‘reportable 

21 foreign contact’ means any direct or indirect 

22 contact or communication that— 

23 ‘‘(i) is between— 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 4617 IH

1 ‘‘(I) a candidate, a political com2 mittee, or any official, employee, or 

3 agent of such committee; and 

4 ‘‘(II) an individual that the per5 son described in subclause (I) knows, 

6 has reason to know, or reasonably be7 lieves is a covered foreign national; 

8 and 

9 ‘‘(ii) the person described in clause 

10 (i)(I) knows, has reason to know, or rea11 sonably believes involves— 

12 ‘‘(I) an offer or other proposal 

13 for a contribution, donation, expendi14 ture, disbursement, or solicitation de15 scribed in section 319; or 

16 ‘‘(II) coordination or collabora17 tion with, an offer or provision of in18 formation or services to or from, or 

19 persistent and repeated contact with, 

20 a covered foreign national in connec21 tion with an election. 

22 ‘‘(B) EXCEPTION.—The term ‘reportable 

23 foreign contact’ shall not include any contact or 

24 communication with a covered foreign national 

25 by an elected official or an employee of an electVerDate Sep 11 2014 23:05 Oct 08, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.IH H4617

kjohnson on DSK79L0C42 with BILLS
6 

•HR 4617 IH

1 ed official solely in an official capacity as such 

2 an official or employee. For purposes of the 

3 previous sentence, a contact or communication 

4 by an elected official or an employee of an elect5 ed official shall not be considered to be made 

6 solely in an official capacity if the contact or 

7 communication involves a contribution, dona8 tion, expenditure, disbursement, or solicitation 

9 described in section 319. 

10 ‘‘(C) COVERED FOREIGN NATIONAL DE11 FINED.— 

12 ‘‘(i) IN GENERAL.—In this paragraph, 

13 the term ‘covered foreign national’ 

14 means— 

15 ‘‘(I) a foreign principal (as de16 fined in section 1(b) of the Foreign 

17 Agents Registration Act of 1938 (22 

18 U.S.C. 611(b)) that is a government 

19 of a foreign country or a foreign polit20 ical party; 

21 ‘‘(II) any person who acts as an 

22 agent, representative, employee, or 

23 servant, or any person who acts in 

24 any other capacity at the order, re25 quest, or under the direction or conVerDate Sep 11 2014 23:05 Oct 08, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.IH H4617

kjohnson on DSK79L0C42 with BILLS
7 

•HR 4617 IH

1 trol, of a foreign principal described in 

2 subclause (I) or of a person any of 

3 whose activities are directly or indi4 rectly supervised, directed, controlled, 

5 financed, or subsidized in whole or in 

6 major part by a foreign principal de7 scribed in subclause (I); or 

8 ‘‘(III) any person included in the 

9 list of specially designated nationals 

10 and blocked persons maintained by 

11 the Office of Foreign Assets Control 

12 of the Department of the Treasury 

13 pursuant to authorities relating to the 

14 imposition of sanctions relating to the 

15 conduct of a foreign principal de16 scribed in subclause (I). 

17 ‘‘(ii) CLARIFICATION REGARDING AP18 PLICATION TO CITIZENS OF THE UNITED

19 STATES.—In the case of a citizen of the 

20 United States, subclause (II) of clause (i) 

21 applies only to the extent that the person 

22 involved acts within the scope of that per23 son’s status as the agent of a foreign prin24 cipal described in subclause (I) of clause 

25 (i).’’. 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 4617 IH

1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall apply with respect to report3 able foreign contacts which occur on or after the 

4 date of the enactment of this Act. 

5 (b) INFORMATION INCLUDED ON REPORT.— 

6 (1) IN GENERAL.—Section 304(b) of such Act 

7 (52 U.S.C. 30104(b)) is amended— 

8 (A) by striking ‘‘and’’ at the end of para9 graph (7); 

10 (B) by striking the period at the end of 

11 paragraph (8) and inserting ‘‘; and’’; and 

12 (C) by adding at the end the following new 

13 paragraph: 

14 ‘‘(9) for any reportable foreign contact (as de15 fined in subsection (j)(3))— 

16 ‘‘(A) the date, time, and location of the 

17 contact; 

18 ‘‘(B) the date and time of when a des19 ignated official of the committee was notified of 

20 the contact; 

21 ‘‘(C) the identity of individuals involved; 

22 and 

23 ‘‘(D) a description of the contact, including 

24 the nature of any contribution, donation, ex25 penditure, disbursement, or solicitation involved 


kjohnson on DSK79L0C42 with BILLS
9 

•HR 4617 IH

1 and the nature of any activity described in sub2 section (j)(3)(A)(ii)(II) involved.’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by paragraph (1) shall apply with respect to reports 

5 filed on or after the expiration of the 60-day period 

6 which begins on the date of the enactment of this 

7 Act. 

8 SEC. 102. FEDERAL CAMPAIGN FOREIGN CONTACT RE9 PORTING COMPLIANCE SYSTEM. 

10 (a) IN GENERAL.—Section 302 of the Federal Elec11 tion Campaign Act of 1971 (52 U.S.C. 30102) is amended 

12 by adding at the end the following new subsection: 

13 ‘‘(j) REPORTABLE FOREIGN CONTACTS COMPLIANCE

14 POLICY.— 

15 ‘‘(1) REPORTING.—Each political committee 

16 shall establish a policy that requires all officials, em17 ployees, and agents of such committee to notify the 

18 treasurer or other appropriate designated official of 

19 the committee of any reportable foreign contact (as 

20 defined in section 304(j)) not later than 3 days after 

21 such contact was made. 

22 ‘‘(2) RETENTION AND PRESERVATION OF

23 RECORDS.—Each political committee shall establish 

24 a policy that provides for the retention and preserva25 tion of records and information related to reportable 


kjohnson on DSK79L0C42 with BILLS
10 

•HR 4617 IH

1 foreign contacts (as so defined) for a period of not 

2 less than 3 years. 

3 ‘‘(3) CERTIFICATION.— 

4 ‘‘(A) IN GENERAL.—Upon filing its state5 ment of organization under section 303(a), and 

6 with each report filed under section 304(a), the 

7 treasurer of each political committee (other 

8 than an authorized committee) shall certify 

9 that— 

10 ‘‘(i) the committee has in place poli11 cies that meet the requirements of para12 graphs (1) and (2); 

13 ‘‘(ii) the committee has designated an 

14 official to monitor compliance with such 

15 policies; and 

16 ‘‘(iii) not later than 1 week after the 

17 beginning of any formal or informal affili18 ation with the committee, all officials, em19 ployees, and agents of such committee 

20 will— 

21 ‘‘(I) receive notice of such poli22 cies; 

23 ‘‘(II) be informed of the prohibi24 tions under section 319; and 


kjohnson on DSK79L0C42 with BILLS
11 

•HR 4617 IH

1 ‘‘(III) sign a certification affirm2 ing their understanding of such poli3 cies and prohibitions. 

4 ‘‘(B) AUTHORIZED COMMITTEES.—With 

5 respect to an authorized committee, the can6 didate shall make the certification required 

7 under subparagraph (A).’’. 

8 (b) EFFECTIVE DATE.— 

9 (1) IN GENERAL.—The amendment made by 

10 subsection (a) shall apply with respect to political 

11 committees which file a statement of organization 

12 under section 303(a) of the Federal Election Cam13 paign Act of 1971 (52 U.S.C. 30103(a)) on or after 

14 the date of the enactment of this Act. 

15 (2) TRANSITION RULE FOR EXISTING COMMIT16 TEES.—Not later than 30 days after the date of the 

17 enactment of this Act, each political committee 

18 under the Federal Election Campaign Act of 1971 

19 shall file a certification with the Federal Election 

20 Commission that the committee is in compliance 

21 with the requirements of section 302(j) of such Act 

22 (as added by subsection (a)). 


kjohnson on DSK79L0C42 with BILLS
12 

•HR 4617 IH

1 SEC. 103. CRIMINAL PENALTIES. 

2 Section 309(d)(1) of the Federal Election Campaign 

3 Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by add4 ing at the end the following new subparagraphs: 

5 ‘‘(E) Any person who knowingly and willfully com6 mits a violation of subsection (j) or (b)(9) of section 304 

7 or section 302(j) shall be fined not more than $500,000, 

8 imprisoned not more than 5 years, or both. 

9 ‘‘(F) Any person who knowingly and willfully conceals 

10 or destroys any materials relating to a reportable foreign 

11 contact (as defined in section 304(j)) shall be fined not 

12 more than $1,000,000, imprisoned not more than 5 years, 

13 or both.’’. 

14 SEC. 104. RULE OF CONSTRUCTION. 

15 Nothing in this subtitle or the amendments made by 

16 this subtitle shall be construed— 

17 (1) to impede legitimate journalistic activities; 

18 or 

19 (2) to impose any additional limitation on the 

20 right to express political views or to participate in 

21 public discourse of any individual who— 

22 (A) resides in the United States; 

23 (B) is not a citizen of the United States or 

24 a national of the United States, as defined in 

25 section 101(a)(22) of the Immigration and Na26 tionality Act (8 U.S.C. 1101(a)(22)); and 


kjohnson on DSK79L0C42 with BILLS
13 

•HR 4617 IH

1 (C) is not lawfully admitted for permanent 

2 residence, as defined by section 101(a)(20) of 

3 the Immigration and Nationality Act (8 U.S.C. 

4 1101(a)(20)). 

5 Subtitle B—Strengthening Over6 sight of Online Political Adver7 tising 

8 SEC. 111. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Honest Ads Act’’. 

10 SEC. 112. PURPOSE. 

11 The purpose of this subtitle is to enhance the integ12 rity of American democracy and national security by im13 proving disclosure requirements for online political adver14 tisements in order to uphold the Supreme Court’s well15 established standard that the electorate bears the right to 

16 be fully informed. 

17 SEC. 113. EXPANSION OF DEFINITION OF PUBLIC COMMU18 NICATION. 

19 (a) IN GENERAL.—Paragraph (22) of section 301 of 

20 the Federal Election Campaign Act of 1971 (52 U.S.C. 

21 30101(22)) is amended by striking ‘‘or satellite commu22 nication’’ and inserting ‘‘satellite, paid internet, or paid 

23 digital communication’’. 


kjohnson on DSK79L0C42 with BILLS
14 

•HR 4617 IH

1 (b) TREATMENT OF CONTRIBUTIONS AND EXPENDI2 TURES.—Section 301 of such Act (52 U.S.C. 30101) is 

3 amended— 

4 (1) in paragraph (8)(B)(v), by striking ‘‘on 

5 broadcasting stations, or in newspapers, magazines, 

6 or similar types of general public political adver7 tising’’ and inserting ‘‘in any public communica8 tion’’; and 

9 (2) in paragraph (9)(B)— 

10 (A) by amending clause (i) to read as fol11 lows: 

12 ‘‘(i) any news story, commentary, or 

13 editorial distributed through the facilities 

14 of any broadcasting station or any print, 

15 online, or digital newspaper, magazine, 

16 blog, publication, or periodical, unless such 

17 broadcasting, print, online, or digital facili18 ties are owned or controlled by any polit19 ical party, political committee, or can20 didate;’’; and 

21 (B) in clause (iv), by striking ‘‘on broad22 casting stations, or in newspapers, magazines, 

23 or similar types of general public political ad24 vertising’’ and inserting ‘‘in any public commu25 nication’’. 


kjohnson on DSK79L0C42 with BILLS
15 

•HR 4617 IH

1 (c) DISCLOSURE AND DISCLAIMER STATEMENTS.— 

2 Subsection (a) of section 318 of such Act (52 U.S.C. 

3 30120) is amended— 

4 (1) by striking ‘‘financing any communication 

5 through any broadcasting station, newspaper, maga6 zine, outdoor advertising facility, mailing, or any 

7 other type of general public political advertising’’ 

8 and inserting ‘‘financing any public communication’’; 

9 and 

10 (2) by striking ‘‘solicits any contribution 

11 through any broadcasting station, newspaper, maga12 zine, outdoor advertising facility, mailing, or any 

13 other type of general public political advertising’’ 

14 and inserting ‘‘solicits any contribution through any 

15 public communication’’. 

16 SEC. 114. EXPANSION OF DEFINITION OF ELECTIONEERING 

17 COMMUNICATION. 

18 (a) EXPANSION TO ONLINE COMMUNICATIONS.— 

19 (1) APPLICATION TO QUALIFIED INTERNET AND

20 DIGITAL COMMUNICATIONS.— 

21 (A) IN GENERAL.—Subparagraph (A) of 

22 section 304(f)(3) of the Federal Election Cam23 paign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) 

24 is amended by striking ‘‘or satellite communica25 tion’’ each place it appears in clauses (i) and 


kjohnson on DSK79L0C42 with BILLS
16 

•HR 4617 IH

1 (ii) and inserting ‘‘satellite, or qualified internet 

2 or digital communication’’. 

3 (B) QUALIFIED INTERNET OR DIGITAL

4 COMMUNICATION.—Paragraph (3) of section 

5 304(f) of such Act (52 U.S.C. 30104(f)) is 

6 amended by adding at the end the following 

7 new subparagraph: 

8 ‘‘(D) QUALIFIED INTERNET OR DIGITAL

9 COMMUNICATION.—The term ‘qualified internet 

10 or digital communication’ means any commu11 nication which is placed or promoted for a fee 

12 on an online platform (as defined in subsection 

13 (k)(3)).’’. 

14 (2) NONAPPLICATION OF RELEVANT ELEC15 TORATE TO ONLINE COMMUNICATIONS.—Section 

16 304(f)(3)(A)(i)(III) of such Act (52 U.S.C. 

17 30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any 

18 broadcast, cable, or satellite’’ before ‘‘communica19 tion’’. 

20 (3) NEWS EXEMPTION.—Section 

21 304(f)(3)(B)(i) of such Act (52 U.S.C. 

22 30104(f)(3)(B)(i)) is amended to read as follows: 

23 ‘‘(i) a communication appearing in a 

24 news story, commentary, or editorial dis25 tributed through the facilities of any 


kjohnson on DSK79L0C42 with BILLS
17 

•HR 4617 IH

1 broadcasting station or any online or dig2 ital newspaper, magazine, blog, publica3 tion, or periodical, unless such broad4 casting, online, or digital facilities are 

5 owned or controlled by any political party, 

6 political committee, or candidate;’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply with respect to communications 

9 made on or after January 1, 2020. 

10 SEC. 115. APPLICATION OF DISCLAIMER STATEMENTS TO 

11 ONLINE COMMUNICATIONS. 

12 (a) CLEAR AND CONSPICUOUS MANNER REQUIRE13 MENT.—Subsection (a) of section 318 of the Federal Elec14 tion Campaign Act of 1971 (52 U.S.C. 30120(a)) is 

15 amended— 

16 (1) by striking ‘‘shall clearly state’’ each place 

17 it appears in paragraphs (1), (2), and (3) and in18 serting ‘‘shall state in a clear and conspicuous man19 ner’’; and 

20 (2) by adding at the end the following flush 

21 sentence: ‘‘For purposes of this section, a commu22 nication does not make a statement in a clear and 

23 conspicuous manner if it is difficult to read or hear 

24 or if the placement is easily overlooked.’’. 


kjohnson on DSK79L0C42 with BILLS
18 

•HR 4617 IH

1 (b) SPECIAL RULES FOR QUALIFIED INTERNET OR

2 DIGITAL COMMUNICATIONS.— 

3 (1) IN GENERAL.—Section 318 of such Act (52 

4 U.S.C. 30120) is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR

7 DIGITAL COMMUNICATIONS.— 

8 ‘‘(1) SPECIAL RULES WITH RESPECT TO STATE9 MENTS.—In the case of any communication to which 

10 this section applies which is a qualified internet or 

11 digital communication (as defined in section 

12 304(f)(3)(D)) which is disseminated through a me13 dium in which the provision of all of the information 

14 specified in this section is not possible, the commu15 nication shall, in a clear and conspicuous manner— 

16 ‘‘(A) state the name of the person who 

17 paid for the communication; and 

18 ‘‘(B) provide a means for the recipient of 

19 the communication to obtain the remainder of 

20 the information required under this section with 

21 minimal effort and without receiving or viewing 

22 any additional material other than such re23 quired information. 

24 ‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR

25 AND CONSPICUOUS MANNER.—A statement in a 


kjohnson on DSK79L0C42 with BILLS
19 

•HR 4617 IH

1 qualified internet or digital communication (as de2 fined in section 304(f)(3)(D)) shall be considered to 

3 be made in a clear and conspicuous manner as pro4 vided in subsection (a) if the communication meets 

5 the following requirements: 

6 ‘‘(A) TEXT OR GRAPHIC COMMUNICA7 TIONS.—In the case of a text or graphic com8 munication, the statement— 

9 ‘‘(i) appears in letters at least as large 

10 as the majority of the text in the commu11 nication; and 

12 ‘‘(ii) meets the requirements of para13 graphs (2) and (3) of subsection (c). 

14 ‘‘(B) AUDIO COMMUNICATIONS.—In the 

15 case of an audio communication, the statement 

16 is spoken in a clearly audible and intelligible 

17 manner at the beginning or end of the commu18 nication and lasts at least 3 seconds. 

19 ‘‘(C) VIDEO COMMUNICATIONS.—In the 

20 case of a video communication which also in21 cludes audio, the statement— 

22 ‘‘(i) is included at either the beginning 

23 or the end of the communication; and 

24 ‘‘(ii) is made both in— 


kjohnson on DSK79L0C42 with BILLS
20 

•HR 4617 IH

1 ‘‘(I) a written format that meets 

2 the requirements of subparagraph (A) 

3 and appears for at least 4 seconds; 

4 and 

5 ‘‘(II) an audible format that 

6 meets the requirements of subpara7 graph (B). 

8 ‘‘(D) OTHER COMMUNICATIONS.—In the 

9 case of any other type of communication, the 

10 statement is at least as clear and conspicuous 

11 as the statement specified in subparagraph (A), 

12 (B), or (C).’’. 

13 (2) NONAPPLICATION OF CERTAIN EXCEP14 TIONS.—The exceptions provided in section 

15 110.11(f)(1)(i) and (ii) of title 11, Code of Federal 

16 Regulations, or any successor to such rules, shall 

17 have no application to qualified internet or digital 

18 communications (as defined in section 304(f)(3)(D) 

19 of the Federal Election Campaign Act of 1971, as 

20 added by this Act). 

21 (c) MODIFICATION OF ADDITIONAL REQUIREMENTS

22 FOR CERTAIN COMMUNICATIONS.—Section 318(d) of such 

23 Act (52 U.S.C. 30120(d)) is amended— 

24 (1) in paragraph (1)(A)— 


kjohnson on DSK79L0C42 with BILLS
21 

•HR 4617 IH

1 (A) by striking ‘‘which is transmitted 

2 through radio’’ and inserting ‘‘which is in an 

3 audio format’’; and 

4 (B) by striking ‘‘BY RADIO’’ in the heading 

5 and inserting ‘‘AUDIO FORMAT’’; 

6 (2) in paragraph (1)(B)— 

7 (A) by striking ‘‘which is transmitted 

8 through television’’ and inserting ‘‘which is in 

9 video format’’; and 

10 (B) by striking ‘‘BY TELEVISION’’ in the 

11 heading and inserting ‘‘VIDEO FORMAT’’; and 

12 (3) in paragraph (2)— 

13 (A) by striking ‘‘transmitted through radio 

14 or television’’ and inserting ‘‘made in audio or 

15 video format’’; and 

16 (B) by striking ‘‘through television’’ in the 

17 second sentence and inserting ‘‘in video for18 mat’’. 

19 SEC. 116. POLITICAL RECORD REQUIREMENTS FOR ONLINE 

20 PLATFORMS. 

21 (a) IN GENERAL.—Section 304 of the Federal Elec22 tion Campaign Act of 1971 (52 U.S.C. 30104), as amend23 ed by section 101(a), is further amended by adding at the 

24 end the following new subsection: 


kjohnson on DSK79L0C42 with BILLS
22 

•HR 4617 IH

1 ‘‘(k) DISCLOSURE OF CERTAIN ONLINE ADVERTISE2 MENTS.— 

3 ‘‘(1) IN GENERAL.— 

4 ‘‘(A) REQUIREMENTS FOR ONLINE PLAT5 FORMS.—An online platform shall maintain, 

6 and make available for online public inspection 

7 in machine readable format, a complete record 

8 of any request to purchase on such online plat9 form a qualified political advertisement which is 

10 made by a person whose aggregate requests to 

11 purchase qualified political advertisements on 

12 such online platform during the calendar year 

13 exceeds $500. 

14 ‘‘(B) REQUIREMENTS FOR ADVER15 TISERS.—Any person who requests to purchase 

16 a qualified political advertisement on an online 

17 platform shall provide the online platform with 

18 such information as is necessary for the online 

19 platform to comply with the requirements of 

20 subparagraph (A). 

21 ‘‘(2) CONTENTS OF RECORD.—A record main22 tained under paragraph (1)(A) shall contain— 

23 ‘‘(A) a digital copy of the qualified political 

24 advertisement; 


kjohnson on DSK79L0C42 with BILLS
23 

•HR 4617 IH

1 ‘‘(B) a description of the audience targeted 

2 by the advertisement, the number of views gen3 erated from the advertisement, and the date 

4 and time that the advertisement is first dis5 played and last displayed; and 

6 ‘‘(C) information regarding— 

7 ‘‘(i) the average rate charged for the 

8 advertisement; 

9 ‘‘(ii) the name of the candidate to 

10 which the advertisement refers and the of11 fice to which the candidate is seeking elec12 tion, the election to which the advertise13 ment refers, or the national legislative 

14 issue to which the advertisement refers (as 

15 applicable); 

16 ‘‘(iii) in the case of a request made 

17 by, or on behalf of, a candidate, the name 

18 of the candidate, the authorized committee 

19 of the candidate, and the treasurer of such 

20 committee; and 

21 ‘‘(iv) in the case of any request not 

22 described in clause (iii), the name of the 

23 person purchasing the advertisement, the 

24 name and address of a contact person for 

25 such person, and a list of the chief execuVerDate Sep 11 2014 23:05 Oct 08, 2019 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.IH H4617

kjohnson on DSK79L0C42 with BILLS
24 

•HR 4617 IH

1 tive officers or members of the executive 

2 committee or of the board of directors of 

3 such person. 

4 ‘‘(3) ONLINE PLATFORM.—For purposes of this 

5 subsection, the term ‘online platform’ means any 

6 public-facing website, web application, or digital ap7 plication (including a social network, ad network, or 

8 search engine) which— 

9 ‘‘(A) sells qualified political advertise10 ments; and 

11 ‘‘(B) has 50,000,000 or more unique 

12 monthly United States visitors or users for a 

13 majority of months during the preceding 12 

14 months. 

15 ‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.— 

16 For purposes of this subsection, the term ‘qualified 

17 political advertisement’ means any advertisement 

18 (including search engine marketing, display adver19 tisements, video advertisements, native advertise20 ments, and sponsorships) that— 

21 ‘‘(A) is made by or on behalf of a can22 didate; or 

23 ‘‘(B) communicates a message relating to 

24 any political matter of national importance, in25 cluding— 


kjohnson on DSK79L0C42 with BILLS
25 

•HR 4617 IH

1 ‘‘(i) a candidate; 

2 ‘‘(ii) any election to Federal office; or 

3 ‘‘(iii) a national legislative issue of 

4 public importance. 

5 ‘‘(5) TIME TO MAINTAIN FILE.—The informa6 tion required under this subsection shall be made 

7 available as soon as possible and shall be retained by 

8 the online platform for a period of not less than 4 

9 years. 

10 ‘‘(6) SAFE HARBOR FOR PLATFORMS MAKING

11 BEST EFFORTS TO IDENTIFY REQUESTS WHICH ARE

12 SUBJECT TO RECORD MAINTENANCE REQUIRE13 MENTS.—In accordance with rules established by the 

14 Commission, if an online platform shows that the 

15 platform used best efforts to determine whether or 

16 not a request to purchase a qualified political adver17 tisement was subject to the requirements of this sub18 section, the online platform shall not be considered 

19 to be in violation of such requirements. 

20 ‘‘(7) PENALTIES.—For penalties for failure by 

21 online platforms, and persons requesting to purchase 

22 a qualified political advertisement on online plat23 forms, to comply with the requirements of this sub24 section, see section 309.’’. 


kjohnson on DSK79L0C42 with BILLS
26 

•HR 4617 IH

1 (b) RULEMAKING.—Not later than 120 days after the 

2 date of the enactment of this Act, the Federal Election 

3 Commission shall establish rules— 

4 (1) requiring common data formats for the 

5 record required to be maintained under section 

6 304(k) of the Federal Election Campaign Act of 

7 1971 (as added by subsection (a)) so that all online 

8 platforms submit and maintain data online in a com9 mon, machine-readable and publicly accessible for10 mat; 

11 (2) establishing search interface requirements 

12 relating to such record, including searches by can13 didate name, issue, purchaser, and date; and 

14 (3) establishing the criteria for the safe harbor 

15 exception provided under paragraph (6) of section 

16 304(k) of such Act (as added by subsection (a)). 

17 (c) REPORTING.—Not later than 2 years after the 

18 date of the enactment of this Act, and biannually there19 after, the Chairman of the Federal Election Commission 

20 shall submit a report to Congress on— 

21 (1) matters relating to compliance with and the 

22 enforcement of the requirements of section 304(k) of 

23 the Federal Election Campaign Act of 1971, as 

24 added by subsection (a); 


kjohnson on DSK79L0C42 with BILLS
27 

•HR 4617 IH

1 (2) recommendations for any modifications to 

2 such section to assist in carrying out its purposes; 

3 and 

4 (3) identifying ways to bring transparency and 

5 accountability to political advertisements distributed 

6 online for free. 

7 SEC. 117. PREVENTING CONTRIBUTIONS, EXPENDITURES, 

8 INDEPENDENT EXPENDITURES, AND DIS9 BURSEMENTS FOR ELECTIONEERING COM10 MUNICATIONS BY FOREIGN NATIONALS IN 

11 THE FORM OF ONLINE ADVERTISING. 

12 Section 319 of the Federal Election Campaign Act 

13 of 1971 (52 U.S.C. 30121) is amended by adding at the 

14 end the following new subsection: 

15 ‘‘(c) RESPONSIBILITIES OF BROADCAST STATIONS, 

16 PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND

17 ONLINE PLATFORMS.— 

18 ‘‘(1) RESPONSIBILITIES DESCRIBED.—Each tel19 evision or radio broadcast station, provider of cable 

20 or satellite television, or online platform (as defined 

21 in section 304(k)(3)) shall make reasonable efforts 

22 to ensure that communications described in section 

23 318(a) and made available by such station, provider, 

24 or platform are not purchased by a foreign national, 

25 directly or indirectly. For purposes of the previous 


kjohnson on DSK79L0C42 with BILLS
28 

•HR 4617 IH

1 sentence, a station, provider, or online platform shall 

2 not be considered to have made reasonable efforts 

3 under this paragraph in the case of the availability 

4 of a communication unless the station, provider, or 

5 online platform directly inquires from the individual 

6 or entity making such purchase whether the pur7 chase is to be made by a foreign national, directly 

8 or indirectly. 

9 ‘‘(2) SPECIAL RULES FOR DISBURSEMENT PAID

10 WITH CREDIT CARD.—For purposes of paragraph 

11 (1), a television or radio broadcast station, provider 

12 of cable or satellite television, or online platform 

13 shall be considered to have made reasonable efforts 

14 under such paragraph in the case of a purchase of 

15 the availability of a communication which is made 

16 with a credit card if— 

17 ‘‘(A) the individual or entity making such 

18 purchase is required, at the time of making 

19 such purchase, to disclose the credit verification 

20 value of such credit card; and 

21 ‘‘(B) the billing address associated with 

22 such credit card is located in the United States 

23 or, in the case of a purchase made by an indi24 vidual who is a United States citizen living out25 side of the United States, the individual proVerDate Sep 11 2014 23:05 Oct 08, 2019 Jkt 099200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.IH H4617

kjohnson on DSK79L0C42 with BILLS
29 

•HR 4617 IH

1 vides the television or radio broadcast station, 

2 provider of cable or satellite television, or online 

3 platform with the United States mailing ad4 dress the individual uses for voter registration 

5 purposes.’’. 

6 TITLE II—CLOSING LOOPHOLES 

7 ALLOWING SPENDING BY 

8 FOREIGN NATIONALS IN 

9 ELECTIONS 

10 SEC. 201. CLARIFICATION OF PROHIBITION ON PARTICIPA11 TION BY FOREIGN NATIONALS IN ELECTION12 RELATED ACTIVITIES. 

13 (a) CLARIFICATION OF PROHIBITION.—Section 

14 319(a) of the Federal Election Campaign Act of 1971 (52 

15 U.S.C. 30121(a)) is amended— 

16 (1) by striking ‘‘or’’ at the end of paragraph 

17 (1); 

18 (2) by striking the period at the end of para19 graph (2) and inserting ‘‘; or’’; and 

20 (3) by adding at the end the following new 

21 paragraph: 

22 ‘‘(3) a foreign national to direct, dictate, con23 trol, or directly or indirectly participate in the deci24 sion-making process of any person (including a cor25 poration, labor organization, political committee, or 


kjohnson on DSK79L0C42 with BILLS
30 

•HR 4617 IH

1 political organization) with regard to such person’s 

2 Federal or non-Federal election-related activity, in3 cluding any decision concerning the making of con4 tributions, donations, expenditures, or disbursements 

5 in connection with an election for any Federal, 

6 State, or local office or any decision concerning the 

7 administration of a political committee.’’. 

8 (b) CERTIFICATION OF COMPLIANCE.—Section 319 

9 of such Act (52 U.S.C. 30121), as amended by section 

10 117, is further amended by adding at the end the following 

11 new subsection: 

12 ‘‘(d) CERTIFICATION OF COMPLIANCE REQUIRED

13 PRIOR TO CARRYING OUT ACTIVITY.—Prior to the mak14 ing in connection with an election for Federal office of any 

15 contribution, donation, expenditure, independent expendi16 ture, or disbursement for an electioneering communication 

17 by a corporation, limited liability corporation, or partner18 ship during a year, the chief executive officer of the cor19 poration, limited liability corporation, or partnership (or, 

20 if the corporation, limited liability corporation, or partner21 ship does not have a chief executive officer, the highest 

22 ranking official of the corporation, limited liability cor23 poration, or partnership), shall file a certification with the 

24 Commission, under penalty of perjury, that a foreign na25 tional did not direct, dictate, control, or directly or indiVerDate Sep 11 2014 23:05 Oct 08, 2019 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.IH H4617

kjohnson on DSK79L0C42 with BILLS
31 

•HR 4617 IH

1 rectly participate in the decision-making process relating 

2 to such activity in violation of subsection (a)(3), unless 

3 the chief executive officer has previously filed such a cer4 tification during that calendar year.’’. 

5 (c) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect upon the expiration of the 

7 180-day period which begins on the date of the enactment 

8 of this Act. 

9 SEC. 202. CLARIFICATION OF APPLICATION OF FOREIGN 

10 MONEY BAN TO CERTAIN DISBURSEMENTS 

11 AND ACTIVITIES. 

12 (a) APPLICATION TO DISBURSEMENTS TO SUPER

13 PACS.—Section 319(a)(1)(A) of the Federal Election 

14 Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is 

15 amended by striking the semicolon and inserting the fol16 lowing: ‘‘, including any disbursement to a political com17 mittee which accepts donations or contributions that do 

18 not comply with the limitations, prohibitions, and report19 ing requirements of this Act (or any disbursement to or 

20 on behalf of any account of a political committee which 

21 is established for the purpose of accepting such donations 

22 or contributions);’’. 

23 (b) CONDITIONS UNDER WHICH CORPORATE PACS

24 MAY MAKE CONTRIBUTIONS AND EXPENDITURES.—SecVerDate Sep 11 2014 23:05 Oct 08, 2019 Jkt 099200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.IH H4617

kjohnson on DSK79L0C42 with BILLS
32 

•HR 4617 IH

1 tion 316(b) of such Act (52 U.S.C. 30118(b)) is amended 

2 by adding at the end the following new paragraph: 

3 ‘‘(8) A separate segregated fund established by a cor4 poration may not make a contribution or expenditure dur5 ing a year unless the fund has certified to the Commission 

6 the following during the year: 

7 ‘‘(A) Each individual who manages the fund, 

8 and who is responsible for exercising decision-mak9 ing authority for the fund, is a citizen of the United 

10 States or is lawfully admitted for permanent resi11 dence in the United States. 

12 ‘‘(B) No foreign national under section 319 

13 participates in any way in the decision-making proc14 esses of the fund with regard to contributions or ex15 penditures under this Act. 

16 ‘‘(C) The fund does not solicit or accept rec17 ommendations from any foreign national under sec18 tion 319 with respect to the contributions or expend19 itures made by the fund. 

20 ‘‘(D) Any member of the board of directors of 

21 the corporation who is a foreign national under sec22 tion 319 abstains from voting on matters concerning 

23 the fund or its activities.’’. 


kjohnson on DSK79L0C42 with BILLS
33 

•HR 4617 IH

1 SEC. 203. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY 

2 IN FEDERAL ELECTIONS. 

3 (a) IN GENERAL.—Title III of the Federal Election 

4 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

5 amended by inserting after section 319 the following new 

6 section: 

7 ‘‘SEC. 319A. AUDIT AND REPORT ON DISBURSEMENTS BY 

8 FOREIGN NATIONALS. 

9 ‘‘(a) AUDIT.— 

10 ‘‘(1) IN GENERAL.—The Commission shall con11 duct an audit after each Federal election cycle to de12 termine the incidence of illicit foreign money in such 

13 Federal election cycle. 

14 ‘‘(2) PROCEDURES.—In carrying out paragraph 

15 (1), the Commission shall conduct random audits of 

16 any disbursements required to be reported under 

17 this Act, in accordance with procedures established 

18 by the Commission. 

19 ‘‘(b) REPORT.—Not later than 180 days after the end 

20 of each Federal election cycle, the Commission shall sub21 mit to Congress a report containing— 

22 ‘‘(1) results of the audit required by subsection 

23 (a)(1); and 

24 ‘‘(2) recommendations to address the presence 

25 of illicit foreign money in elections, as appropriate. 

26 ‘‘(c) DEFINITIONS.—As used in this section: 


kjohnson on DSK79L0C42 with BILLS
34 

•HR 4617 IH

1 ‘‘(1) The term ‘Federal election cycle’ means 

2 the period which begins on the day after the date of 

3 a regularly scheduled general election for Federal of4 fice and which ends on the date of the first regularly 

5 scheduled general election for Federal office held 

6 after such date. 

7 ‘‘(2) The term ‘illicit foreign money’ means any 

8 disbursement by a foreign national (as defined in 

9 section 319(b)) prohibited under such section.’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall apply with respect to the Federal elec12 tion cycle that began during November 2018, and each 

13 succeeding Federal election cycle. 

14 SEC. 204. PROHIBITION ON CONTRIBUTIONS AND DONA15 TIONS BY FOREIGN NATIONALS IN CONNEC16 TIONS WITH BALLOT INITIATIVES AND 

17 REFERENDA. 

18 (a) IN GENERAL.—Section 319(a)(1)(A) of the Fed19 eral Election Campaign Act of 1971 (52 U.S.C. 

20 30121(a)(1)(A)) is amended by striking ‘‘election’’ and in21 serting the following: ‘‘election, including a State or local 

22 ballot initiative or referendum’’. 

23 (b) EFFECTIVE DATE.—The amendment made by 

24 this section shall apply with respect to elections held in 

25 2020 or any succeeding year. 


kjohnson on DSK79L0C42 with BILLS
35 

•HR 4617 IH

1 SEC. 205. EXPANSION OF LIMITATIONS ON FOREIGN NA2 TIONALS PARTICIPATING IN POLITICAL AD3 VERTISING. 

4 (a) DISBURSEMENTS DESCRIBED.—Section 

5 319(a)(1) of the Federal Election Campaign Act of 1971 

6 (52 U.S.C. 30121(a)(1)) is amended— 

7 (1) by striking ‘‘or’’ at the end of subparagraph 

8 (B); and 

9 (2) by striking subparagraph (C) and inserting 

10 the following: 

11 ‘‘(C) an expenditure; 

12 ‘‘(D) an independent expenditure; 

13 ‘‘(E) a disbursement for an electioneering 

14 communication (within the meaning of section 

15 304(f)(3)); 

16 ‘‘(F) a disbursement for a communication 

17 which is placed or promoted for a fee on a 

18 website, web application, or digital application 

19 that refers to a clearly identified candidate for 

20 election for Federal office and is disseminated 

21 within 60 days before a general, special, or run22 off election for the office sought by the can23 didate or 30 days before a primary or pref24 erence election, or a convention or caucus of a 

25 political party that has authority to nominate a 


kjohnson on DSK79L0C42 with BILLS
36 

•HR 4617 IH

1 candidate for the office sought by the can2 didate; 

3 ‘‘(G) a disbursement for a broadcast, cable 

4 or satellite communication, or for a communica5 tion which is placed or promoted for a fee on 

6 a website, web application, or digital applica7 tion, that promotes, supports, attacks or op8 poses the election of a clearly identified can9 didate for Federal, State, or local office (re10 gardless of whether the communication contains 

11 express advocacy or the functional equivalent of 

12 express advocacy); 

13 ‘‘(H) a disbursement for a broadcast, 

14 cable, or satellite communication, or for any 

15 communication which is placed or promoted for 

16 a fee on an online platform (as defined in sec17 tion 304(k)(3)), that discusses a national legis18 lative issue of public importance in a year in 

19 which a regularly scheduled general election for 

20 Federal office is held, but only if the disburse21 ment is made by a covered foreign national de22 scribed in section 304(j)(3)(C); or 

23 ‘‘(I) a disbursement by a covered foreign 

24 national described in section 304(j)(3)(C) to 

25 compensate any person for internet activity that 


kjohnson on DSK79L0C42 with BILLS
37 

•HR 4617 IH

1 promotes, supports, attacks, or opposes the 

2 election of a clearly identified candidate for 

3 Federal, State, or local office (regardless of 

4 whether the activity communication contains ex5 press advocacy or the functional equivalent of 

6 express advocacy);’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply with respect to disbursements 

9 made on or after the date of the enactment of this Act. 

10 TITLE III—DETERRING FOREIGN 

11 INTERFERENCE IN ELECTIONS 

12 Subtitle A—Deterrence Under Fed13 eral Election Campaign Act of 

14 1971 

15 SEC. 301. RESTRICTIONS ON EXCHANGE OF CAMPAIGN IN16 FORMATION BETWEEN CANDIDATES AND 

17 FOREIGN POWERS. 

18 Section 319 of the Federal Election Campaign Act 

19 of 1971 (52 U.S.C. 30121), as amended by section 117 

20 and section 201(b), is further amended by adding at the 

21 end the following new subsection: 

22 ‘‘(e) RESTRICTIONS ON EXCHANGE OF INFORMATION

23 BETWEEN CANDIDATES AND FOREIGN POWERS.— 

24 ‘‘(1) TREATMENT OF OFFER TO SHARE NON25 PUBLIC CAMPAIGN MATERIAL AS SOLICITATION OF


kjohnson on DSK79L0C42 with BILLS
38 

•HR 4617 IH

1 CONTRIBUTION FROM FOREIGN NATIONAL.—If a 

2 candidate or an individual affiliated with the cam3 paign of a candidate, or if a political committee or 

4 an individual affiliated with a political committee, 

5 provides or offers to provide nonpublic campaign 

6 material to a covered foreign national or to another 

7 person whom the candidate, committee, or individual 

8 knows or has reason to know will provide the mate9 rial to a covered foreign national, the candidate, 

10 committee, or individual (as the case may be) shall 

11 be considered for purposes of this section to have so12 licited a contribution or donation described in sub13 section (a)(1)(A) from a foreign national. 

14 ‘‘(2) DEFINITIONS.—In this subsection, the fol15 lowing definitions apply: 

16 ‘‘(A) The term ‘candidate’ means an indi17 vidual who seeks nomination for, or election to, 

18 any Federal, State, or local public office. 

19 ‘‘(B) The term ‘covered foreign national’ 

20 has the meaning given such term in section 

21 304(j)(3)(C). 

22 ‘‘(C) The term ‘individual affiliated with a 

23 campaign’ means, with respect to a candidate, 

24 an employee of any organization legally author25 ized under Federal, State, or local law to supVerDate Sep 11 2014 23:05 Oct 08, 2019 Jkt 099200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.IH H4617

kjohnson on DSK79L0C42 with BILLS
39 

•HR 4617 IH

1 port the candidate’s campaign for nomination 

2 for, or election to, any Federal, State, or local 

3 public office, as well as any independent con4 tractor of such an organization and any indi5 vidual who performs services on behalf of the 

6 organization, whether paid or unpaid. 

7 ‘‘(D) The term ‘individual affiliated with a 

8 political committee’ means, with respect to a 

9 political committee, an employee of the com10 mittee as well as any independent contractor of 

11 the committee and any individual who performs 

12 services on behalf of the committee, whether 

13 paid or unpaid. 

14 ‘‘(E) The term ‘nonpublic campaign mate15 rial’ means, with respect to a candidate or a po16 litical committee, campaign material that is 

17 produced by the candidate or the committee or 

18 produced at the candidate or committee’s ex19 pense or request which is not distributed or 

20 made available to the general public or other21 wise in the public domain, including polling and 

22 focus group data and opposition research, ex23 cept that such term does not include material 

24 produced for purposes of consultations relating 


kjohnson on DSK79L0C42 with BILLS
40 

•HR 4617 IH

1 solely to the candidate’s or committee’s position 

2 on a legislative or policy matter.’’. 

3 SEC. 302. CLARIFICATION OF STANDARD FOR DETER4 MINING EXISTENCE OF COORDINATION BE5 TWEEN CAMPAIGNS AND OUTSIDE INTER6 ESTS. 

7 Section 315(a) of the Federal Election Campaign Act 

8 of 1971 (52 U.S.C. 30116(a)) is amended by adding at 

9 the end the following new paragraph: 

10 ‘‘(10) For purposes of paragraph (7), an expenditure 

11 or disbursement may be considered to have been made in 

12 cooperation, consultation, or concert with, or coordinated 

13 with, a person without regard to whether or not the co14 operation, consultation, or coordination is carried out pur15 suant to agreement or formal collaboration.’’. 

16 Subtitle B—Prohibiting Deceptive 

17 Practices and Preventing Voter 

18 Intimidation 

19 SEC. 311. SHORT TITLE. 

20 This subtitle may be cited as the ‘‘Deceptive Prac21 tices and Voter Intimidation Prevention Act of 2019’’. 

22 SEC. 312. PROHIBITION ON DECEPTIVE PRACTICES IN FED23 ERAL ELECTIONS. 

24 (a) PROHIBITION.—Subsection (b) of section 2004 of 

25 the Revised Statutes (52 U.S.C. 10101(b)) is amended— 


kjohnson on DSK79L0C42 with BILLS
41 

•HR 4617 IH

1 (1) by striking ‘‘No person’’ and inserting the 

2 following: 

3 ‘‘(1) IN GENERAL.—No person’’; and 

4 (2) by inserting at the end the following new 

5 paragraphs: 

6 ‘‘(2) FALSE STATEMENTS REGARDING FEDERAL

7 ELECTIONS.— 

8 ‘‘(A) PROHIBITION.—No person, whether 

9 acting under color of law or otherwise, shall, 

10 within 60 days before an election described in 

11 paragraph (5), by any means, including by 

12 means of written, electronic, or telephonic com13 munications, communicate or cause to be com14 municated information described in subpara15 graph (B), or produce information described in 

16 subparagraph (B) with the intent that such in17 formation be communicated, if such person— 

18 ‘‘(i) knows such information to be ma19 terially false; and 

20 ‘‘(ii) has the intent to impede or pre21 vent another person from exercising the 

22 right to vote in an election described in 

23 paragraph (5). 


kjohnson on DSK79L0C42 with BILLS
42 

•HR 4617 IH

1 ‘‘(B) INFORMATION DESCRIBED.—Infor2 mation is described in this subparagraph if such 

3 information is regarding— 

4 ‘‘(i) the time, place, or manner of 

5 holding any election described in para6 graph (5); or 

7 ‘‘(ii) the qualifications for or restric8 tions on voter eligibility for any such elec9 tion, including— 

10 ‘‘(I) any criminal penalties asso11 ciated with voting in any such elec12 tion; or 

13 ‘‘(II) information regarding a 

14 voter’s registration status or eligi15 bility. 

16 ‘‘(3) FALSE STATEMENTS REGARDING PUBLIC

17 ENDORSEMENTS.— 

18 ‘‘(A) PROHIBITION.—No person, whether 

19 acting under color of law or otherwise, shall, 

20 within 60 days before an election described in 

21 paragraph (5), by any means, including by 

22 means of written, electronic, or telephonic com23 munications, communicate, or cause to be com24 municated, a materially false statement about 

25 an endorsement, if such person— 


kjohnson on DSK79L0C42 with BILLS
43 

•HR 4617 IH

1 ‘‘(i) knows such statement to be false; 

2 and 

3 ‘‘(ii) has the intent to impede or pre4 vent another person from exercising the 

5 right to vote in an election described in 

6 paragraph (5). 

7 ‘‘(B) DEFINITION OF ‘MATERIALLY

8 FALSE’.—For purposes of subparagraph (A), a 

9 statement about an endorsement is ‘materially 

10 false’ if, with respect to an upcoming election 

11 described in paragraph (5)— 

12 ‘‘(i) the statement states that a spe13 cifically named person, political party, or 

14 organization has endorsed the election of a 

15 specific candidate for a Federal office de16 scribed in such paragraph; and 

17 ‘‘(ii) such person, political party, or 

18 organization has not endorsed the election 

19 of such candidate. 

20 ‘‘(4) HINDERING, INTERFERING WITH, OR PRE21 VENTING VOTING OR REGISTERING TO VOTE.—No 

22 person, whether acting under color of law or other23 wise, shall intentionally hinder, interfere with, or 

24 prevent another person from voting, registering to 


kjohnson on DSK79L0C42 with BILLS
44 

•HR 4617 IH

1 vote, or aiding another person to vote or register to 

2 vote in an election described in paragraph (5). 

3 ‘‘(5) ELECTION DESCRIBED.—An election de4 scribed in this paragraph is any general, primary, 

5 run-off, or special election held solely or in part for 

6 the purpose of nominating or electing a candidate 

7 for the office of President, Vice President, presi8 dential elector, Member of the Senate, Member of 

9 the House of Representatives, or Delegate or Com10 missioner from a Territory or possession.’’. 

11 (b) PRIVATE RIGHT OF ACTION.— 

12 (1) IN GENERAL.—Subsection (c) of section 

13 2004 of the Revised Statutes (52 U.S.C. 10101(c)) 

14 is amended— 

15 (A) by striking ‘‘Whenever any person’’ 

16 and inserting the following: 

17 ‘‘(1) Whenever any person’’; and 

18 (B) by adding at the end the following new 

19 paragraph: 

20 ‘‘(2) Any person aggrieved by a violation of 

21 subsection (b)(2), (b)(3), or (b)(4) may institute a 

22 civil action for preventive relief, including an appli23 cation in a United States district court for a perma24 nent or temporary injunction, restraining order, or 

25 other order. In any such action, the court, in its disVerDate Sep 11 2014 23:05 Oct 08, 2019 Jkt 099200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.IH H4617

kjohnson on DSK79L0C42 with BILLS
45 

•HR 4617 IH

1 cretion, may allow the prevailing party a reasonable 

2 attorney’s fee as part of the costs.’’. 

3 (2) CONFORMING AMENDMENTS.— 

4 (A) Subsection (e) of section 2004 of the 

5 Revised Statutes (52 U.S.C. 10101(e)) is 

6 amended by striking ‘‘subsection (c)’’ and in7 serting ‘‘subsection (c)(1)’’. 

8 (B) Subsection (g) of section 2004 of the 

9 Revised Statutes (52 U.S.C. 10101(g)) is 

10 amended by striking ‘‘subsection (c)’’ and in11 serting ‘‘subsection (c)(1)’’. 

12 (c) CRIMINAL PENALTIES.— 

13 (1) DECEPTIVE ACTS.—Section 594 of title 18, 

14 United States Code, is amended— 

15 (A) by striking ‘‘Whoever’’ and inserting 

16 the following: 

17 ‘‘(a) INTIMIDATION.—Whoever’’; 

18 (B) in subsection (a), as inserted by sub19 paragraph (A), by striking ‘‘at any election’’ 

20 and inserting ‘‘at any general, primary, run-off, 

21 or special election’’; and 

22 (C) by adding at the end the following new 

23 subsections: 

24 ‘‘(b) DECEPTIVE ACTS.— 


kjohnson on DSK79L0C42 with BILLS
46 

•HR 4617 IH

1 ‘‘(1) FALSE STATEMENTS REGARDING FEDERAL

2 ELECTIONS.— 

3 ‘‘(A) PROHIBITION.—It shall be unlawful 

4 for any person, whether acting under color of 

5 law or otherwise, within 60 days before an elec6 tion described in subsection (e), by any means, 

7 including by means of written, electronic, or tel8 ephonic communications, to communicate or 

9 cause to be communicated information de10 scribed in subparagraph (B), or produce infor11 mation described in subparagraph (B) with the 

12 intent that such information be communicated, 

13 if such person— 

14 ‘‘(i) knows such information to be ma15 terially false; and 

16 ‘‘(ii) has the intent to mislead voters, 

17 or the intent to impede or prevent another 

18 person from exercising the right to vote in 

19 an election described in subsection (e). 

20 ‘‘(B) INFORMATION DESCRIBED.—Infor21 mation is described in this subparagraph if such 

22 information is regarding— 

23 ‘‘(i) the time or place of holding any 

24 election described in subsection (e); or 


kjohnson on DSK79L0C42 with BILLS
47 

•HR 4617 IH

1 ‘‘(ii) the qualifications for or restric2 tions on voter eligibility for any such elec3 tion, including— 

4 ‘‘(I) any criminal penalties asso5 ciated with voting in any such elec6 tion; or 

7 ‘‘(II) information regarding a 

8 voter’s registration status or eligi9 bility. 

10 ‘‘(2) PENALTY.—Any person who violates para11 graph (1) shall be fined not more than $100,000, 

12 imprisoned for not more than 5 years, or both. 

13 ‘‘(c) HINDERING, INTERFERING WITH, OR PRE14 VENTING VOTING OR REGISTERING TO VOTE.— 

15 ‘‘(1) PROHIBITION.—It shall be unlawful for 

16 any person, whether acting under color of law or 

17 otherwise, to intentionally hinder, interfere with, or 

18 prevent another person from voting, registering to 

19 vote, or aiding another person to vote or register to 

20 vote in an election described in subsection (e). 

21 ‘‘(2) PENALTY.—Any person who violates para22 graph (1) shall be fined not more than $100,000, 

23 imprisoned for not more than 5 years, or both. 

24 ‘‘(d) ATTEMPT.—Any person who attempts to commit 

25 any offense described in subsection (a), (b)(1), or (c)(1) 


kjohnson on DSK79L0C42 with BILLS
48 

•HR 4617 IH

1 shall be subject to the same penalties as those prescribed 

2 for the offense that the person attempted to commit. 

3 ‘‘(e) ELECTION DESCRIBED.—An election described 

4 in this subsection is any general, primary, run-off, or spe5 cial election held solely or in part for the purpose of nomi6 nating or electing a candidate for the office of President, 

7 Vice President, presidential elector, Member of the Senate, 

8 Member of the House of Representatives, or Delegate or 

9 Commissioner from a Territory or possession.’’. 

10 (2) MODIFICATION OF PENALTY FOR VOTER IN11 TIMIDATION.—Section 594(a) of title 18, United 

12 States Code, as amended by paragraph (1), is 

13 amended by striking ‘‘fined under this title or im14 prisoned not more than one year’’ and inserting 

15 ‘‘fined not more than $100,000, imprisoned for not 

16 more than 5 years’’. 

17 (3) SENTENCING GUIDELINES.— 

18 (A) REVIEW AND AMENDMENT.—Not later 

19 than 180 days after the date of enactment of 

20 this Act, the United States Sentencing Commis21 sion, pursuant to its authority under section 

22 994 of title 28, United States Code, and in ac23 cordance with this section, shall review and, if 

24 appropriate, amend the Federal sentencing 

25 guidelines and policy statements applicable to 


kjohnson on DSK79L0C42 with BILLS
49 

•HR 4617 IH

1 persons convicted of any offense under section 

2 594 of title 18, United States Code, as amend3 ed by this section. 

4 (B) AUTHORIZATION.—The United States 

5 Sentencing Commission may amend the Federal 

6 Sentencing Guidelines in accordance with the 

7 procedures set forth in section 21(a) of the Sen8 tencing Act of 1987 (28 U.S.C. 994 note) as 

9 though the authority under that section had not 

10 expired. 

11 (4) PAYMENTS FOR REFRAINING FROM VOT12 ING.—Subsection (c) of section 11 of the Voting 

13 Rights Act of 1965 (52 U.S.C. 10307) is amended 

14 by striking ‘‘either for registration to vote or for vot15 ing’’ and inserting ‘‘for registration to vote, for vot16 ing, or for not voting’’. 

17 SEC. 313. CORRECTIVE ACTION. 

18 (a) CORRECTIVE ACTION.— 

19 (1) IN GENERAL.—If the Attorney General re20 ceives a credible report that materially false informa21 tion has been or is being communicated in violation 

22 of paragraphs (2) and (3) of section 2004(b) of the 

23 Revised Statutes (52 U.S.C. 10101(b)), as added by 

24 section 312(a), and if the Attorney General deter25 mines that State and local election officials have not 


kjohnson on DSK79L0C42 with BILLS
50 

•HR 4617 IH

1 taken adequate steps to promptly communicate accu2 rate information to correct the materially false infor3 mation, the Attorney General shall, pursuant to the 

4 written procedures and standards under subsection 

5 (b), communicate to the public, by any means, in6 cluding by means of written, electronic, or telephonic 

7 communications, accurate information designed to 

8 correct the materially false information. 

9 (2) COMMUNICATION OF CORRECTIVE INFORMA10 TION.—Any information communicated by the Attor11 ney General under paragraph (1)— 

12 (A) shall— 

13 (i) be accurate and objective; 

14 (ii) consist of only the information 

15 necessary to correct the materially false in16 formation that has been or is being com17 municated; and 

18 (iii) to the extent practicable, be by a 

19 means that the Attorney General deter20 mines will reach the persons to whom the 

21 materially false information has been or is 

22 being communicated; and 

23 (B) shall not be designed to favor or dis24 favor any particular candidate, organization, or 

25 political party. 


kjohnson on DSK79L0C42 with BILLS
51 

•HR 4617 IH

1 (b) WRITTEN PROCEDURES AND STANDARDS FOR

2 TAKING CORRECTIVE ACTION.— 

3 (1) IN GENERAL.—Not later than 180 days 

4 after the date of enactment of this Act, the Attorney 

5 General shall publish written procedures and stand6 ards for determining when and how corrective action 

7 will be taken under this section. 

8 (2) INCLUSION OF APPROPRIATE DEADLINES.— 

9 The procedures and standards under paragraph (1) 

10 shall include appropriate deadlines, based in part on 

11 the number of days remaining before the upcoming 

12 election. 

13 (3) CONSULTATION.—In developing the proce14 dures and standards under paragraph (1), the Attor15 ney General shall consult with the Election Assist16 ance Commission, State and local election officials, 

17 civil rights organizations, voting rights groups, voter 

18 protection groups, and other interested community 

19 organizations. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Attorney General 

22 such sums as may be necessary to carry out this subtitle. 

23 SEC. 314. REPORTS TO CONGRESS. 

24 (a) IN GENERAL.—Not later than 180 days after 

25 each general election for Federal office, the Attorney GenVerDate Sep 11 2014 23:05 Oct 08, 2019 Jkt 099200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4617.IH H4617

kjohnson on DSK79L0C42 with BILLS
52 

•HR 4617 IH

1 eral shall submit to Congress a report compiling all allega2 tions received by the Attorney General of deceptive prac3 tices described in paragraphs (2), (3), and (4) of section 

4 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 

5 added by section 312(a), relating to the general election 

6 for Federal office and any primary, run-off, or a special 

7 election for Federal office held in the 2 years preceding 

8 the general election. 

9 (b) CONTENTS.— 

10 (1) IN GENERAL.—Each report submitted 

11 under subsection (a) shall include— 

12 (A) a description of each allegation of a 

13 deceptive practice described in subsection (a), 

14 including the geographic location, racial and 

15 ethnic composition, and language minority16 group membership of the persons toward whom 

17 the alleged deceptive practice was directed; 

18 (B) the status of the investigation of each 

19 allegation described in subparagraph (A); 

20 (C) a description of each corrective action 

21 taken by the Attorney General under section 

22 4(a) in response to an allegation described in 

23 subparagraph (A); 


kjohnson on DSK79L0C42 with BILLS
53 

•HR 4617 IH

1 (D) a description of each referral of an al2 legation described in subparagraph (A) to other 

3 Federal, State, or local agencies; 

4 (E) to the extent information is available, 

5 a description of any civil action instituted under 

6 section 2004(c)(2) of the Revised Statutes (52 

7 U.S.C. 10101(c)(2)), as added by section 

8 312(b), in connection with an allegation de9 scribed in subparagraph (A); and 

10 (F) a description of any criminal prosecu11 tion instituted under section 594 of title 18, 

12 United States Code, as amended by section 

13 3(c), in connection with the receipt of an allega14 tion described in subparagraph (A) by the At15 torney General. 

16 (2) EXCLUSION OF CERTAIN INFORMATION.— 

17 (A) IN GENERAL.—The Attorney General 

18 shall not include in a report submitted under 

19 subsection (a) any information protected from 

20 disclosure by rule 6(e) of the Federal Rules of 

21 Criminal Procedure or any Federal criminal 

22 statute. 

23 (B) EXCLUSION OF CERTAIN OTHER IN24 FORMATION.—The Attorney General may deter25 mine that the following information shall not be 


kjohnson on DSK79L0C42 with BILLS
54 

•HR 4617 IH

1 included in a report submitted under subsection 

2 (a): 

3 (i) Any information that is privileged. 

4 (ii) Any information concerning an 

5 ongoing investigation. 

6 (iii) Any information concerning a 

7 criminal or civil proceeding conducted 

8 under seal. 

9 (iv) Any other nonpublic information 

10 that the Attorney General determines the 

11 disclosure of which could reasonably be ex12 pected to infringe on the rights of any in13 dividual or adversely affect the integrity of 

14 a pending or future criminal investigation. 

15 (c) REPORT MADE PUBLIC.—On the date that the 

16 Attorney General submits the report under subsection (a), 

17 the Attorney General shall also make the report publicly 

18 available through the internet and other appropriate 

19 means. 

20 TITLE IV—MISCELLANEOUS 

21 PROVISIONS 

22 SEC. 401. EFFECTIVE DATES OF PROVISIONS. 

23 Each provision of this Act and each amendment made 

24 by a provision of this Act shall take effect on the effective 

25 date provided under this Act for such provision or such 


kjohnson on DSK79L0C42 with BILLS
55 

•HR 4617 IH

1 amendment without regard to whether or not the Federal 

2 Election Commission, the Attorney General, or any other 

3 person has promulgated regulations to carry out such pro4 vision or such amendment. 

5 SEC. 402. SEVERABILITY. 

6 If any provision of this Act or any amendment made 

7 by this Act, or the application of a provision of this Act 

8 or an amendment made by this Act to any person or cir9 cumstance, is held to be unconstitutional, the remainder 

10 of this Act, and the application of the provisions to any 

11 person or circumstance, shall not be affected by the hold12 ing. 

Æ 


kjohnson on DSK79L0C42 with BILLS