Prevention of Foreign Interference with Elections Act of 2019

To amend title 18, United States Code, to prohibit interfering in elections with agents of a foreign government. 1. Short title This Act may be cited as the Prevention of Foreign Interference with Elections Act of 2019 2. Interference in elections by foreign nationals (a) In general Chapter 29 612. Interference in elections by foreign nationals (a) Penalty (1) In general Whoever— (A) conspires with an individual, while having knowledge or reasonable cause to believe such individual is a foreign national, to prevent, obstruct, impede, interfere with, promote, support, or oppose the nomination or the election of any candidate for any Federal, State, or local office, or any ballot measure, initiative, or referendum; and (B) knows or has reasonable cause to believe that an interfering act would be or has been committed to effect the object of the conspiracy; shall be fined under this title, imprisoned for not more than 5 years, or both. (2) Agents of foreign powers Whoever violates paragraph (1) by conspiring with an agent of a foreign power shall be fined under this title, imprisoned for not more than 10 years, or both. (b) 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 law. (c) Injunctions (1) 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 section, the Attorney General may bring a civil action in a district court of the United States seeking an order to enjoin such act. (2) Action by court The court shall proceed as soon as practicable to the hearing and determination of a civil action brought under this subsection, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States, a State, or a locality, or to any person or class of persons for whose protection the civil action is brought. (3) Procedure (A) In general A proceeding under this subsection shall be governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery shall be governed by the Federal Rules of Criminal Procedure. (B) Sealed proceedings If a civil action is brought under this subsection, before an indictment is returned against the respondent or while an indictment against the respondent is under seal— (i) the court shall place the civil action under seal; and (ii) when the indictment is unsealed, the court shall unseal the civil action unless good cause exists to keep the civil action under seal. (4) 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 respondent, classified information in the civil proceeding shall be subject to the procedures described in section 2339B(f). (d) Definitions In this section— (1) the term agent of a foreign power (A) has the meaning given to the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 (B) does not include a United States person (as defined under section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 (2) the term classified information (3) the term foreign national (A) means a foreign principal, as such term is defined by section 1(b) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(b) (B) does not include any individual who is a citizen of the United States or a lawful permanent resident of the United States; and (4) the term interfering act (A) this title; (B) section 12 of the Voting Rights Act of 1965 ( 52 U.S.C. 10308 (C) the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 (D) chapter 95 or 96 of the Internal Revenue Code of 1986. (e) 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 States. . (b) Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the applications of the provisions of such to any other person or circumstance shall not be affected thereby. (c) Technical and conforming amendment The table of sections for chapter 29 612. Interference in elections by foreign nationals. . 3. Inadmissibility for interference in elections by foreign nationals Section 212(a)(10)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(10)(D) (D) Unlawful voters and election interference by foreign nationals (i) Unlawful voters Except as provided in clause (iii), any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible. (ii) Election interference by foreign nationals (I) In general Except as provided in subclause (II) and clause (iii), any alien convicted of violating section 612 of title 18, United States Code, is inadmissible. (II) Exception If an alien described in subclause (I) is eligible under section 245(j) for an adjustment of status to that of an alien lawfully admitted for permanent residence, the Secretary of Homeland Security, in the Secretary’s sole, un­re­view­able discretion, may waive the applicability of subclause (I) with respect to such alien. (iii) Exception An alien shall not be considered to be inadmissible under this subparagraph if— (I) the alien voted in a Federal, State, or local election (including an initiative, recall, or referendum) in violation of a lawful restriction of voting to citizens; (II) each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a United States citizen (whether by birth or naturalization); (III) the alien permanently resided in the United States before reaching 16 years of age; and (IV) the alien reasonably believed at the time of the violation described in clause (i) or (ii)(I) that he or she was a United States citizen. . 4. Strengthening prohibitions on expenditures by foreign nationals Section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 (1) in subsection (a)(1)(C), by inserting , subject to subsection (c) within the meaning of section 304(f)(3) (2) by adding at the end the following new subsections: (c) Application to electioneering communications (1) Electioneering communications (A) In general For purposes of applying subsection (a)(1)(C) and subsection (d), an electioneering communication (i) does not include a news story, commentary, editorial, or other communication produced and distributed in the ordinary course of bona fide press activity by a news or press service or association, newspaper, magazine, periodical, or other publication as determined under subparagraph (B); (ii) except as provided in clause (i), includes an Internet or digital communication that otherwise meets the requirements of section 304(f)(3) as modified by this paragraph; (iii) includes a communication that does not refer to a clearly identified candidate for Federal office as described in subparagraph (A)(i)(I) of section 304(f)(3) if— (I) the communication otherwise meets the requirements of such section as modified by this paragraph except that items (aa) and (bb) of subparagraph (A)(i)(II) of such section shall each be applied by substituting Federal, State, or local office the office sought by the candidate (II) the communication— (aa) references voting or a Federal, State, or local election; (bb) addresses an issue that is reasonably understood to distinguish one candidate for Federal, State, or local office from another; (cc) republishes or is substantially identical to the communications of a candidate for Federal, State, or local office on that same issue; (dd) expresses approval or disapproval of a position reasonably identified with a candidate for Federal, State, or local office and presented in substantially similar terms, regardless of whether there is a specific reference to that candidate; or (ee) references an employee of a candidate or campaign for Federal, State, or local office or a political party; and (iv) does not include a commercial advertisement for goods or services by a foreign corporation or business entity. (B) Determination of bona fide press activity For purposes of subparagraph (A)(i), a news story, commentary, editorial, or other communication is not produced and distributed in the ordinary course of bona fide press activity by a news or press service or association, newspaper, magazine, periodical, or other publication and the exception under such subparagraph shall not apply if— (i) such media outlet is owned, directed, supervised, controlled, subsidized, or financed by a government of a foreign country, as defined in section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 (ii) such news story, commentary, editorial, or other communication— (I) is directed, produced, or distributed, at the direction of government or political party officials; and (II) promotes, attacks, supports, or opposes any candidate for public office or political party in the United States. (2) Foreign individual Internet activity exception (A) In general When an individual or a group of individuals engages in Internet activities for the purposes of influencing an election, neither of the following is a contribution or expenditure for purposes of this section by that individual or group of individuals: (i) The uncompensated personal services of the individual related to such Internet activities. 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 order, request, or under the direction or control, of a government of a foreign country, a foreign political party, or a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a government of a foreign country or a foreign political party. (ii) The use of equipment or services by the individual for uncompensated Internet activities, regardless of the identity of the owner of the equipment or services. 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 country, a foreign political party, or a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a government of a foreign country or a foreign political party. (B) Definition For purposes of this paragraph, the terms Internet activities equipment and services (d) Prohibition on providing substantial assistance to a foreign governments and foreign political parties in making contributions, donations, or expenditures (1) In general No person shall knowingly provide substantial assistance to a foreign national, including a foreign government or foreign political party, with respect to directly or indirectly making a contribution or donation, or other thing of value, or an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)), or any other act prohibited under subsection (a). (2) Definition As used in this subsection, the term providing substantial assistance .

Summary: Prevention of Foreign Interference with Elections Act of 2019 This bill establishes new criminal penalties and revises certain prohibitions related to the interference of elections by foreign nationals. Specifically, the bill establishes a new criminal offense for conspiring with a foreign national to interfere with an election. A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both. Further, a person who conspires with an agent of a foreign power to interfere with an election is subject to criminal penalties—a fine, a prison term of up to 10 years, or both. In addition, an alien that engages in election interference is inadmissible into the United States. However, the Department of Homeland Security may waive this prohibition if the alien receives an adjustment of status for assisting in certain criminal prosecutions. The bill also (1) expands the prohibition on a foreign national making an expenditure or disbursement for an electioneering communication; and (2) prohibits an individual from knowingly providing substantial assistance to foreign governments or foreign political parties, such as by making an expenditure or disbursement for an electioneering communication.