I 

116TH CONGRESS 

1ST SESSION H. R. 4703 

To amend the Federal Election Campaign Act of 1971 to prohibit certain 

foreign nationals from making disbursements to compensate persons engaging in internet activity promoting, supporting, attacking, or opposing 

the election of a candidate for public office. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 16, 2019 

Mr. LAMB introduced the following bill; which was referred to the Committee 

on House Administration 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

prohibit certain foreign nationals from making disbursements to compensate persons engaging in internet activity promoting, supporting, attacking, or opposing the 

election of a candidate for public office. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defending Elections 

5 From Foreign Efforts to Negate Democracy Act’’ or the 

6 ‘‘DEFEND Act’’. 


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1 SEC. 2. PROHIBITING DISBURSEMENTS BY CERTAIN FOR2 EIGN NATIONALS TO COMPENSATE PERSONS 

3 ENGAGING IN INTERNET ACTIVITY PRO4 MOTING, SUPPORTING, ATTACKING, OR OP5 POSING THE ELECTION OF A CANDIDATE FOR 

6 PUBLIC OFFICE. 

7 (a) DISBURSEMENTS DESCRIBED.—Section 

8 319(a)(1) of the Federal Election Campaign Act of 1971 

9 (52 U.S.C. 30121(a)(1)) is amended— 

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

11 (B); and 

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

13 the following: 

14 ‘‘(C) an expenditure; 

15 ‘‘(D) an independent expenditure; 

16 ‘‘(E) a disbursement for an electioneering 

17 communication (within the meaning of section 

18 304(f)(3)); or 

19 ‘‘(F) a disbursement by a covered foreign 

20 national (as defined in subsection (c)) to com21 pensate any person for internet activity that 

22 promotes, supports, attacks or opposes the elec23 tion of a clearly identified candidate for Fed24 eral, State, or local office (regardless of whether 

25 the activity communication contains express adVerDate Sep 11 2014 04:10 Oct 23, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4703.IH H4703

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1 vocacy or the functional equivalent of express 

2 advocacy); or’’. 

3 (b) DEFINITION.—Section 319 of such Act (52 

4 U.S.C. 30121) is amended by adding at the end the fol5 lowing new subsection: 

6 ‘‘(c) COVERED FOREIGN NATIONAL DEFINED.— 

7 ‘‘(1) IN GENERAL.—In this subsection, the term 

8 ‘covered foreign national’ means— 

9 ‘‘(A) a foreign principal (as defined in sec10 tion 1(b) of the Foreign Agents Registration 

11 Act of 1938 (22 U.S.C. 611(b)) that is a gov12 ernment of a foreign country or a foreign polit13 ical party; 

14 ‘‘(B) any person who acts as an agent, 

15 representative, employee, or servant, or any per16 son who acts in any other capacity at the order, 

17 request, or under the direction or control, of a 

18 foreign principal described in subparagraph (A) 

19 or of a person any of whose activities are di20 rectly or indirectly supervised, directed, con21 trolled, financed, or subsidized in whole or in 

22 major part by a foreign principal described in 

23 subparagraph (A); or 

24 ‘‘(C) any person included in the list of spe25 cially designated nationals and blocked persons 


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1 maintained by the Office of Foreign Assets 

2 Control of the Department of the Treasury pur3 suant to authorities relating to the imposition 

4 of sanctions relating to the conduct of a foreign 

5 principal described in subparagraph (A). 

6 ‘‘(2) CLARIFICATION REGARDING APPLICATION

7 TO CITIZENS OF THE UNITED STATES.—In the case 

8 of a citizen of the United States, subparagraph (B) 

9 of paragraph (1) applies only to the extent that the 

10 person involved acts within the scope of that per11 son’s status as the agent of a foreign principal de12 scribed in subparagraph (A) of paragraph (1).’’. 

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

14 this section shall apply with respect to disbursements 

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

Æ 


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