(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to report-
able foreign contacts which occur on or after the 
date of the enactment of this Act. 
(b) INFORMATION INCLUDED ON REPORT.— 
(1) IN GENERAL.—Section 304(b) of such Act 
(52 U.S.C. 30104(b)) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (7); 
(B) by striking the period at the end of 
paragraph (8) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(9) for any reportable foreign contact (as de-
fined in subsection (j)(3))— 
‘‘(A) the date, time, and location of the 
contact; 
‘‘(B) the date and time of when a des-
ignated official of the committee was notified of 
the contact; 
‘‘(C) the identity of individuals involved; 
and 
‘‘(D) a description of the contact, including 
the nature of any contribution, donation, ex-
penditure, disbursement, or solicitation involved 
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and the nature of any activity described in sub-
section (j)(3)(A)(ii)(II) involved.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to reports 
filed on or after the expiration of the 60-day period 
which begins on the date of the enactment of this 
Act. 
SEC. 102. FEDERAL CAMPAIGN FOREIGN CONTACT RE-
PORTING COMPLIANCE SYSTEM. 
(a) IN GENERAL.—Section 302 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30102) is amended 
by adding at the end the following new subsection: 
‘‘(j) REPORTABLE FOREIGN CONTACTS COMPLIANCE 
POLICY.— 
‘‘(1) REPORTING.—Each political committee 
shall establish a policy that requires all officials, em-
ployees, and agents of such committee to notify the 
treasurer or other appropriate designated official of 
the committee of any reportable foreign contact (as 
defined in section 304(j)) not later than 3 days after 
such contact was made. 
‘‘(2) 
RETENTION
AND
PRESERVATION
OF 
RECORDS.—Each political committee shall establish 
a policy that provides for the retention and preserva-
tion of records and information related to reportable 
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foreign contacts (as so defined) for a period of not 
less than 3 years. 
‘‘(3) CERTIFICATION.— 
‘‘(A) IN GENERAL.—Upon filing its state-
ment of organization under section 303(a), and 
with each report filed under section 304(a), the 
treasurer of each political committee (other 
than an authorized committee) shall certify 
that— 
‘‘(i) the committee has in place poli-
cies that meet the requirements of para-
graphs (1) and (2); 
‘‘(ii) the committee has designated an 
official to monitor compliance with such 
policies; and 
‘‘(iii) not later than 1 week after the 
beginning of any formal or informal affili-
ation with the committee, all officials, em-
ployees, and agents of such committee 
will— 
‘‘(I) receive notice of such poli-
cies; 
‘‘(II) be informed of the prohibi-
tions under section 319; and 
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‘‘(III) sign a certification affirm-
ing their understanding of such poli-
cies and prohibitions. 
‘‘(B) AUTHORIZED
COMMITTEES.—With 
respect to an authorized committee, the can-
didate shall make the certification required 
under subparagraph (A).’’. 
(b) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendment made by 
subsection (a) shall apply with respect to political 
committees which file a statement of organization 
under section 303(a) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30103(a)) on or after 
the date of the enactment of this Act. 
(2) TRANSITION RULE FOR EXISTING COMMIT-
TEES.—Not later than 30 days after the date of the 
enactment of this Act, each political committee 
under the Federal Election Campaign Act of 1971 
shall file a certification with the Federal Election 
Commission that the committee is in compliance 
with the requirements of section 302(j) of such Act 
(as added by subsection (a)). 
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SEC. 103. CRIMINAL PENALTIES. 
Section 309(d)(1) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by add-
ing at the end the following new subparagraphs: 
‘‘(E) Any person who knowingly and willfully com-
mits a violation of subsection (j) or (b)(9) of section 304 
or section 302(j) shall be fined not more than $500,000, 
imprisoned not more than 5 years, or both. 
‘‘(F) Any person who knowingly and willfully conceals 
or destroys any materials relating to a reportable foreign 
contact (as defined in section 304(j)) shall be fined not 
more than $1,000,000, imprisoned not more than 5 years, 
or both.’’. 
SEC. 104. RULE OF CONSTRUCTION. 
Nothing in this subtitle or the amendments made by 
this subtitle shall be construed— 
(1) to impede legitimate journalistic activities; 
or 
(2) to impose any additional limitation on the 
right to express political views or to participate in 
public discourse of any individual who— 
(A) resides in the United States; 
(B) is not a citizen of the United States or 
a national of the United States, as defined in 
section 101(a)(22) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(22)); and 
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(C) is not lawfully admitted for permanent 
residence, as defined by section 101(a)(20) of 
the Immigration and Nationality Act (8 U.S.C. 
1101(a)(20)). 
Subtitle 
B—Strengthening 
Over-
sight of Online Political Adver-
tising 
SEC. 111. SHORT TITLE. 
This subtitle may be cited as the ‘‘Honest Ads Act’’. 
SEC. 112. PURPOSE. 
The purpose of this subtitle is to enhance the integ-
rity of American democracy and national security by im-
proving disclosure requirements for online political adver-
tisements in order to uphold the Supreme Court’s well- 
established standard that the electorate bears the right to 
be fully informed. 
SEC. 113. EXPANSION OF DEFINITION OF PUBLIC COMMU-
NICATION. 
(a) IN GENERAL.—Paragraph (22) of section 301 of 
the Federal Election Campaign Act of 1971 (52 U.S.C. 
30101(22)) is amended by striking ‘‘or satellite commu-
nication’’ and inserting ‘‘satellite, paid internet, or paid 
digital communication’’. 
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(b) TREATMENT OF CONTRIBUTIONS AND EXPENDI-
TURES.—Section 301 of such Act (52 U.S.C. 30101) is 
amended— 
(1) in paragraph (8)(B)(v), by striking ‘‘on 
broadcasting stations, or in newspapers, magazines, 
or similar types of general public political adver-
tising’’ and inserting ‘‘in any public communica-
tion’’; and 
(2) in paragraph (9)(B)— 
(A) by amending clause (i) to read as fol-
lows: 
‘‘(i) any news story, commentary, or 
editorial distributed through the facilities 
of any broadcasting station or any print, 
online, or digital newspaper, magazine, 
blog, publication, or periodical, unless such 
broadcasting, print, online, or digital facili-
ties are owned or controlled by any polit-
ical party, political committee, or can-
didate;’’; and 
(B) in clause (iv), by striking ‘‘on broad-
casting stations, or in newspapers, magazines, 
or similar types of general public political ad-
vertising’’ and inserting ‘‘in any public commu-
nication’’. 
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(c) DISCLOSURE AND DISCLAIMER STATEMENTS.— 
Subsection (a) of section 318 of such Act (52 U.S.C. 
30120) is amended— 
(1) by striking ‘‘financing any communication 
through any broadcasting station, newspaper, maga-
zine, outdoor advertising facility, mailing, or any 
other type of general public political advertising’’ 
and inserting ‘‘financing any public communication’’; 
and 
(2) by striking ‘‘solicits any contribution 
through any broadcasting station, newspaper, maga-
zine, outdoor advertising facility, mailing, or any 
other type of general public political advertising’’ 
and inserting ‘‘solicits any contribution through any 
public communication’’. 
SEC. 114. EXPANSION OF DEFINITION OF ELECTIONEERING 
COMMUNICATION. 
(a) EXPANSION TO ONLINE COMMUNICATIONS.— 
(1) APPLICATION TO QUALIFIED INTERNET AND 
DIGITAL COMMUNICATIONS.— 
(A) IN
GENERAL.—Subparagraph (A) of 
section 304(f)(3) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30104(f)(3)(A)) 
is amended by striking ‘‘or satellite communica-
tion’’ each place it appears in clauses (i) and 
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(ii) and inserting ‘‘satellite, or qualified internet 
or digital communication’’. 
(B) QUALIFIED
INTERNET
OR
DIGITAL 
COMMUNICATION.—Paragraph (3) of section 
304(f) of such Act (52 U.S.C. 30104(f)) is 
amended by adding at the end the following 
new subparagraph: 
‘‘(D) QUALIFIED
INTERNET
OR
DIGITAL 
COMMUNICATION.—The term ‘qualified internet 
or digital communication’ means any commu-
nication which is placed or promoted for a fee 
on an online platform (as defined in subsection 
(k)(3)).’’. 
(2) NONAPPLICATION
OF
RELEVANT
ELEC-
TORATE
TO
ONLINE
COMMUNICATIONS.—Section 
304(f)(3)(A)(i)(III) 
of 
such 
Act 
(52 
U.S.C. 
30104(f)(3)(A)(i)(III)) is amended by inserting ‘‘any 
broadcast, cable, or satellite’’ before ‘‘communica-
tion’’. 
(3) 
NEWS
EXEMPTION.—Section 
304(f)(3)(B)(i) 
of 
such 
Act 
(52 
U.S.C. 
30104(f)(3)(B)(i)) is amended to read as follows: 
‘‘(i) a communication appearing in a 
news story, commentary, or editorial dis-
tributed through the facilities of any 
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broadcasting station or any online or dig-
ital newspaper, magazine, blog, publica-
tion, or periodical, unless such broad-
casting, online, or digital facilities are 
owned or controlled by any political party, 
political committee, or candidate;’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to communications 
made on or after January 1, 2020. 
SEC. 115. APPLICATION OF DISCLAIMER STATEMENTS TO 
ONLINE COMMUNICATIONS. 
(a) CLEAR AND CONSPICUOUS MANNER REQUIRE-
MENT.—Subsection (a) of section 318 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30120(a)) is 
amended— 
(1) by striking ‘‘shall clearly state’’ each place 
it appears in paragraphs (1), (2), and (3) and in-
serting ‘‘shall state in a clear and conspicuous man-
ner’’; and 
(2) by adding at the end the following flush 
sentence: ‘‘For purposes of this section, a commu-
nication does not make a statement in a clear and 
conspicuous manner if it is difficult to read or hear 
or if the placement is easily overlooked.’’. 
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(b) SPECIAL RULES FOR QUALIFIED INTERNET OR 
DIGITAL COMMUNICATIONS.— 
(1) IN GENERAL.—Section 318 of such Act (52 
U.S.C. 30120) is amended by adding at the end the 
following new subsection: 
‘‘(e) SPECIAL RULES FOR QUALIFIED INTERNET OR 
DIGITAL COMMUNICATIONS.— 
‘‘(1) SPECIAL RULES WITH RESPECT TO STATE-
MENTS.—In the case of any communication to which 
this section applies which is a qualified internet or 
digital 
communication 
(as 
defined 
in 
section 
304(f)(3)(D)) which is disseminated through a me-
dium in which the provision of all of the information 
specified in this section is not possible, the commu-
nication shall, in a clear and conspicuous manner— 
‘‘(A) state the name of the person who 
paid for the communication; and 
‘‘(B) provide a means for the recipient of 
the communication to obtain the remainder of 
the information required under this section with 
minimal effort and without receiving or viewing 
any additional material other than such re-
quired information. 
‘‘(2) SAFE HARBOR FOR DETERMINING CLEAR 
AND
CONSPICUOUS
MANNER.—A statement in a 
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qualified internet or digital communication (as de-
fined in section 304(f)(3)(D)) shall be considered to 
be made in a clear and conspicuous manner as pro-
vided in subsection (a) if the communication meets 
the following requirements: 
‘‘(A) TEXT
OR
GRAPHIC
COMMUNICA-
TIONS.—In the case of a text or graphic com-
munication, the statement— 
‘‘(i) appears in letters at least as large 
as the majority of the text in the commu-
nication; and 
‘‘(ii) meets the requirements of para-
graphs (2) and (3) of subsection (c). 
‘‘(B) AUDIO
COMMUNICATIONS.—In the 
case of an audio communication, the statement 
is spoken in a clearly audible and intelligible 
manner at the beginning or end of the commu-
nication and lasts at least 3 seconds. 
‘‘(C) VIDEO
COMMUNICATIONS.—In the 
case of a video communication which also in-
cludes audio, the statement— 
‘‘(i) is included at either the beginning 
or the end of the communication; and 
‘‘(ii) is made both in— 
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‘‘(I) a written format that meets 
the requirements of subparagraph (A) 
and appears for at least 4 seconds; 
and 
‘‘(II) an audible format that 
meets the requirements of subpara-
graph (B). 
‘‘(D) OTHER
COMMUNICATIONS.—In the 
case of any other type of communication, the 
statement is at least as clear and conspicuous 
as the statement specified in subparagraph (A), 
(B), or (C).’’. 
(2) NONAPPLICATION
OF
CERTAIN
EXCEP-
TIONS.—The 
exceptions 
provided 
in 
section 
110.11(f)(1)(i) and (ii) of title 11, Code of Federal 
Regulations, or any successor to such rules, shall 
have no application to qualified internet or digital 
communications (as defined in section 304(f)(3)(D) 
of the Federal Election Campaign Act of 1971, as 
added by this Act). 
(c) MODIFICATION OF ADDITIONAL REQUIREMENTS 
FOR CERTAIN COMMUNICATIONS.—Section 318(d) of such 
Act (52 U.S.C. 30120(d)) is amended— 
(1) in paragraph (1)(A)— 
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tive officers or members of the executive 
committee or of the board of directors of 
such person. 
‘‘(3) ONLINE PLATFORM.—For purposes of this 
subsection, the term ‘online platform’ means any 
public-facing website, web application, or digital ap-
plication (including a social network, ad network, or 
search engine) which— 
‘‘(A) sells qualified political advertise-
ments; and 
‘‘(B) has 50,000,000 or more unique 
monthly United States visitors or users for a 
majority of months during the preceding 12 
months. 
‘‘(4) QUALIFIED POLITICAL ADVERTISEMENT.— 
For purposes of this subsection, the term ‘qualified 
political advertisement’ means any advertisement 
(including search engine marketing, display adver-
tisements, video advertisements, native advertise-
ments, and sponsorships) that— 
‘‘(A) is made by or on behalf of a can-
didate; or 
‘‘(B) communicates a message relating to 
any political matter of national importance, in-
cluding— 
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‘‘(i) a candidate; 
‘‘(ii) any election to Federal office; or 
‘‘(iii) a national legislative issue of 
public importance. 
‘‘(5) TIME TO MAINTAIN FILE.—The informa-
tion required under this subsection shall be made 
available as soon as possible and shall be retained by 
the online platform for a period of not less than 4 
years. 
‘‘(6) SAFE HARBOR FOR PLATFORMS MAKING 
BEST EFFORTS TO IDENTIFY REQUESTS WHICH ARE 
SUBJECT
TO
RECORD
MAINTENANCE
REQUIRE-
MENTS.—In accordance with rules established by the 
Commission, if an online platform shows that the 
platform used best efforts to determine whether or 
not a request to purchase a qualified political adver-
tisement was subject to the requirements of this sub-
section, the online platform shall not be considered 
to be in violation of such requirements. 
‘‘(7) PENALTIES.—For penalties for failure by 
online platforms, and persons requesting to purchase 
a qualified political advertisement on online plat-
forms, to comply with the requirements of this sub-
section, see section 309.’’. 
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(b) RULEMAKING.—Not later than 120 days after the 
date of the enactment of this Act, the Federal Election 
Commission shall establish rules— 
(1) requiring common data formats for the 
record required to be maintained under section 
304(k) of the Federal Election Campaign Act of 
1971 (as added by subsection (a)) so that all online 
platforms submit and maintain data online in a com-
mon, machine-readable and publicly accessible for-
mat; 
(2) establishing search interface requirements 
relating to such record, including searches by can-
didate name, issue, purchaser, and date; and 
(3) establishing the criteria for the safe harbor 
exception provided under paragraph (6) of section 
304(k) of such Act (as added by subsection (a)). 
(c) REPORTING.—Not later than 2 years after the 
date of the enactment of this Act, and biannually there-
after, the Chairman of the Federal Election Commission 
shall submit a report to Congress on— 
(1) matters relating to compliance with and the 
enforcement of the requirements of section 304(k) of 
the Federal Election Campaign Act of 1971, as 
added by subsection (a); 
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(2) recommendations for any modifications to 
such section to assist in carrying out its purposes; 
and 
(3) identifying ways to bring transparency and 
accountability to political advertisements distributed 
online for free. 
SEC. 117. PREVENTING CONTRIBUTIONS, EXPENDITURES, 
INDEPENDENT 
EXPENDITURES, 
AND 
DIS-
BURSEMENTS FOR ELECTIONEERING COM-
MUNICATIONS BY FOREIGN NATIONALS IN 
THE FORM OF ONLINE ADVERTISING. 
Section 319 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30121) is amended by adding at the 
end the following new subsection: 
‘‘(c) RESPONSIBILITIES OF BROADCAST STATIONS, 
PROVIDERS OF CABLE AND SATELLITE TELEVISION, AND 
ONLINE PLATFORMS.— 
‘‘(1) RESPONSIBILITIES DESCRIBED.—Each tel-
evision or radio broadcast station, provider of cable 
or satellite television, or online platform (as defined 
in section 304(k)(3)) shall make reasonable efforts 
to ensure that communications described in section 
318(a) and made available by such station, provider, 
or platform are not purchased by a foreign national, 
directly or indirectly. For purposes of the previous 
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sentence, a station, provider, or online platform shall 
not be considered to have made reasonable efforts 
under this paragraph in the case of the availability 
of a communication unless the station, provider, or 
online platform directly inquires from the individual 
or entity making such purchase whether the pur-
chase is to be made by a foreign national, directly 
or indirectly. 
‘‘(2) SPECIAL RULES FOR DISBURSEMENT PAID 
WITH
CREDIT
CARD.—For purposes of paragraph 
(1), a television or radio broadcast station, provider 
of cable or satellite television, or online platform 
shall be considered to have made reasonable efforts 
under such paragraph in the case of a purchase of 
the availability of a communication which is made 
with a credit card if— 
‘‘(A) the individual or entity making such 
purchase is required, at the time of making 
such purchase, to disclose the credit verification 
value of such credit card; and 
‘‘(B) the billing address associated with 
such credit card is located in the United States 
or, in the case of a purchase made by an indi-
vidual who is a United States citizen living out-
side of the United States, the individual pro-
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vides the television or radio broadcast station, 
provider of cable or satellite television, or online 
platform with the United States mailing ad-
dress the individual uses for voter registration 
purposes.’’. 
TITLE II—CLOSING LOOPHOLES 
ALLOWING 
SPENDING 
BY 
FOREIGN 
NATIONALS 
IN 
ELECTIONS 
SEC. 201. CLARIFICATION OF PROHIBITION ON PARTICIPA-
TION BY FOREIGN NATIONALS IN ELECTION- 
RELATED ACTIVITIES. 
(a) 
CLARIFICATION
OF
PROHIBITION.—Section 
319(a) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30121(a)) is amended— 
(1) by striking ‘‘or’’ at the end of paragraph 
(1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) a foreign national to direct, dictate, con-
trol, or directly or indirectly participate in the deci-
sion-making process of any person (including a cor-
poration, labor organization, political committee, or 
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political organization) with regard to such person’s 
Federal or non-Federal election-related activity, in-
cluding any decision concerning the making of con-
tributions, donations, expenditures, or disbursements 
in connection with an election for any Federal, 
State, or local office or any decision concerning the 
administration of a political committee.’’. 
(b) CERTIFICATION OF COMPLIANCE.—Section 319 
of such Act (52 U.S.C. 30121), as amended by section 
117, is further amended by adding at the end the following 
new subsection: 
‘‘(d) CERTIFICATION
OF COMPLIANCE REQUIRED 
PRIOR TO CARRYING OUT ACTIVITY.—Prior to the mak-
ing in connection with an election for Federal office of any 
contribution, donation, expenditure, independent expendi-
ture, or disbursement for an electioneering communication 
by a corporation, limited liability corporation, or partner-
ship during a year, the chief executive officer of the cor-
poration, limited liability corporation, or partnership (or, 
if the corporation, limited liability corporation, or partner-
ship does not have a chief executive officer, the highest 
ranking official of the corporation, limited liability cor-
poration, or partnership), shall file a certification with the 
Commission, under penalty of perjury, that a foreign na-
tional did not direct, dictate, control, or directly or indi-
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rectly participate in the decision-making process relating 
to such activity in violation of subsection (a)(3), unless 
the chief executive officer has previously filed such a cer-
tification during that calendar year.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect upon the expiration of the 
180-day period which begins on the date of the enactment 
of this Act. 
SEC. 202. CLARIFICATION OF APPLICATION OF FOREIGN 
MONEY BAN TO CERTAIN DISBURSEMENTS 
AND ACTIVITIES. 
(a) APPLICATION
TO DISBURSEMENTS
TO SUPER 
PACS.—Section 319(a)(1)(A) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is 
amended by striking the semicolon and inserting the fol-
lowing: ‘‘, including any disbursement to a political com-
mittee which accepts donations or contributions that do 
not comply with the limitations, prohibitions, and report-
ing requirements of this Act (or any disbursement to or 
on behalf of any account of a political committee which 
is established for the purpose of accepting such donations 
or contributions);’’. 
(b) CONDITIONS UNDER WHICH CORPORATE PACS 
MAY MAKE CONTRIBUTIONS AND EXPENDITURES.—Sec-
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tion 316(b) of such Act (52 U.S.C. 30118(b)) is amended 
by adding at the end the following new paragraph: 
‘‘(8) A separate segregated fund established by a cor-
poration may not make a contribution or expenditure dur-
ing a year unless the fund has certified to the Commission 
the following during the year: 
‘‘(A) Each individual who manages the fund, 
and who is responsible for exercising decision-mak-
ing authority for the fund, is a citizen of the United 
States or is lawfully admitted for permanent resi-
dence in the United States. 
‘‘(B) No foreign national under section 319 
participates in any way in the decision-making proc-
esses of the fund with regard to contributions or ex-
penditures under this Act. 
‘‘(C) The fund does not solicit or accept rec-
ommendations from any foreign national under sec-
tion 319 with respect to the contributions or expend-
itures made by the fund. 
‘‘(D) Any member of the board of directors of 
the corporation who is a foreign national under sec-
tion 319 abstains from voting on matters concerning 
the fund or its activities.’’. 
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SEC. 203. AUDIT AND REPORT ON ILLICIT FOREIGN MONEY 
IN FEDERAL ELECTIONS. 
(a) IN GENERAL.—Title III of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 
amended by inserting after section 319 the following new 
section: 
‘‘SEC. 319A. AUDIT AND REPORT ON DISBURSEMENTS BY 
FOREIGN NATIONALS. 
‘‘(a) AUDIT.— 
‘‘(1) IN GENERAL.—The Commission shall con-
duct an audit after each Federal election cycle to de-
termine the incidence of illicit foreign money in such 
Federal election cycle. 
‘‘(2) PROCEDURES.—In carrying out paragraph 
(1), the Commission shall conduct random audits of 
any disbursements required to be reported under 
this Act, in accordance with procedures established 
by the Commission. 
‘‘(b) REPORT.—Not later than 180 days after the end 
of each Federal election cycle, the Commission shall sub-
mit to Congress a report containing— 
‘‘(1) results of the audit required by subsection 
(a)(1); and 
‘‘(2) recommendations to address the presence 
of illicit foreign money in elections, as appropriate. 
‘‘(c) DEFINITIONS.—As used in this section: 
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‘‘(1) The term ‘Federal election cycle’ means 
the period which begins on the day after the date of 
a regularly scheduled general election for Federal of-
fice and which ends on the date of the first regularly 
scheduled general election for Federal office held 
after such date. 
‘‘(2) The term ‘illicit foreign money’ means any 
disbursement by a foreign national (as defined in 
section 319(b)) prohibited under such section.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to the Federal elec-
tion cycle that began during November 2018, and each 
succeeding Federal election cycle. 
SEC. 204. PROHIBITION ON CONTRIBUTIONS AND DONA-
TIONS BY FOREIGN NATIONALS IN CONNEC-
TIONS 
WITH 
BALLOT 
INITIATIVES 
AND 
REFERENDA. 
(a) IN GENERAL.—Section 319(a)(1)(A) of the Fed-
eral Election Campaign Act of 1971 (52 U.S.C. 
30121(a)(1)(A)) is amended by striking ‘‘election’’ and in-
serting the following: ‘‘election, including a State or local 
ballot initiative or referendum’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to elections held in 
2020 or any succeeding year. 
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SEC. 205. EXPANSION OF LIMITATIONS ON FOREIGN NA-
TIONALS PARTICIPATING IN POLITICAL AD-
VERTISING. 
(a) 
DISBURSEMENTS
DESCRIBED.—Section 
319(a)(1) of the Federal Election Campaign Act of 1971 
(52 U.S.C. 30121(a)(1)) is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(B); and 
(2) by striking subparagraph (C) and inserting 
the following: 
‘‘(C) an expenditure; 
‘‘(D) an independent expenditure; 
‘‘(E) a disbursement for an electioneering 
communication (within the meaning of section 
304(f)(3)); 
‘‘(F) a disbursement for a communication 
which is placed or promoted for a fee on a 
website, web application, or digital application 
that refers to a clearly identified candidate for 
election for Federal office and is disseminated 
within 60 days before a general, special, or run-
off election for the office sought by the can-
didate or 30 days before a primary or pref-
erence election, or a convention or caucus of a 
political party that has authority to nominate a 
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candidate for the office sought by the can-
didate; 
‘‘(G) a disbursement for a broadcast, cable 
or satellite communication, or for a communica-
tion which is placed or promoted for a fee on 
a website, web application, or digital applica-
tion, that promotes, supports, attacks or op-
poses the election of a clearly identified can-
didate for Federal, State, or local office (re-
gardless of whether the communication contains 
express advocacy or the functional equivalent of 
express advocacy); 
‘‘(H) a disbursement for a broadcast, 
cable, or satellite communication, or for any 
communication which is placed or promoted for 
a fee on an online platform (as defined in sec-
tion 304(k)(3)), that discusses a national legis-
lative issue of public importance in a year in 
which a regularly scheduled general election for 
Federal office is held, but only if the disburse-
ment is made by a covered foreign national de-
scribed in section 304(j)(3)(C); or 
‘‘(I) a disbursement by a covered foreign 
national described in section 304(j)(3)(C) to 
compensate any person for internet activity that 
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promotes, supports, attacks, or opposes the 
election of a clearly identified candidate for 
Federal, State, or local office (regardless of 
whether the activity communication contains ex-
press advocacy or the functional equivalent of 
express advocacy);’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to disbursements 
made on or after the date of the enactment of this Act. 
TITLE III—DETERRING FOREIGN 
INTERFERENCE IN ELECTIONS 
Subtitle A—Deterrence Under Fed-
eral Election Campaign Act of 
1971 
SEC. 301. RESTRICTIONS ON EXCHANGE OF CAMPAIGN IN-
FORMATION 
BETWEEN 
CANDIDATES 
AND 
FOREIGN POWERS. 
Section 319 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30121), as amended by section 117 
and section 201(b), is further amended by adding at the 
end the following new subsection: 
‘‘(e) RESTRICTIONS ON EXCHANGE OF INFORMATION 
BETWEEN CANDIDATES AND FOREIGN POWERS.— 
‘‘(1) TREATMENT OF OFFER TO SHARE NON-
PUBLIC CAMPAIGN MATERIAL AS SOLICITATION OF 
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CONTRIBUTION
FROM
FOREIGN
NATIONAL.—If a 
candidate or an individual affiliated with the cam-
paign of a candidate, or if a political committee or 
an individual affiliated with a political committee, 
provides or offers to provide nonpublic campaign 
material to a covered foreign national or to another 
person whom the candidate, committee, or individual 
knows or has reason to know will provide the mate-
rial to a covered foreign national, the candidate, 
committee, or individual (as the case may be) shall 
be considered for purposes of this section to have so-
licited a contribution or donation described in sub-
section (a)(1)(A) from a foreign national. 
‘‘(2) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) The term ‘candidate’ means an indi-
vidual who seeks nomination for, or election to, 
any Federal, State, or local public office. 
‘‘(B) The term ‘covered foreign national’ 
has the meaning given such term in section 
304(j)(3)(C). 
‘‘(C) The term ‘individual affiliated with a 
campaign’ means, with respect to a candidate, 
an employee of any organization legally author-
ized under Federal, State, or local law to sup-
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port the candidate’s campaign for nomination 
for, or election to, any Federal, State, or local 
public office, as well as any independent con-
tractor of such an organization and any indi-
vidual who performs services on behalf of the 
organization, whether paid or unpaid. 
‘‘(D) The term ‘individual affiliated with a 
political committee’ means, with respect to a 
political committee, an employee of the com-
mittee as well as any independent contractor of 
the committee and any individual who performs 
services on behalf of the committee, whether 
paid or unpaid. 
‘‘(E) The term ‘nonpublic campaign mate-
rial’ means, with respect to a candidate or a po-
litical committee, campaign material that is 
produced by the candidate or the committee or 
produced at the candidate or committee’s ex-
pense or request which is not distributed or 
made available to the general public or other-
wise in the public domain, including polling and 
focus group data and opposition research, ex-
cept that such term does not include material 
produced for purposes of consultations relating 
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solely to the candidate’s or committee’s position 
on a legislative or policy matter.’’. 
SEC. 302. CLARIFICATION OF STANDARD FOR DETER-
MINING EXISTENCE OF COORDINATION BE-
TWEEN CAMPAIGNS AND OUTSIDE INTER-
ESTS. 
Section 315(a) of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30116(a)) is amended by adding at 
the end the following new paragraph: 
‘‘(10) For purposes of paragraph (7), an expenditure 
or disbursement may be considered to have been made in 
cooperation, consultation, or concert with, or coordinated 
with, a person without regard to whether or not the co-
operation, consultation, or coordination is carried out pur-
suant to agreement or formal collaboration.’’. 
Subtitle B—Prohibiting Deceptive 
Practices and Preventing Voter 
Intimidation 
SEC. 311. SHORT TITLE. 
This subtitle may be cited as the ‘‘Deceptive Prac-
tices and Voter Intimidation Prevention Act of 2019’’. 
SEC. 312. PROHIBITION ON DECEPTIVE PRACTICES IN FED-
ERAL ELECTIONS. 
(a) PROHIBITION.—Subsection (b) of section 2004 of 
the Revised Statutes (52 U.S.C. 10101(b)) is amended— 
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(1) by striking ‘‘No person’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—No person’’; and 
(2) by inserting at the end the following new 
paragraphs: 
‘‘(2) FALSE STATEMENTS REGARDING FEDERAL 
ELECTIONS.— 
‘‘(A) PROHIBITION.—No person, whether 
acting under color of law or otherwise, shall, 
within 60 days before an election described in 
paragraph (5), by any means, including by 
means of written, electronic, or telephonic com-
munications, communicate or cause to be com-
municated information described in subpara-
graph (B), or produce information described in 
subparagraph (B) with the intent that such in-
formation be communicated, if such person— 
‘‘(i) knows such information to be ma-
terially false; and 
‘‘(ii) has the intent to impede or pre-
vent another person from exercising the 
right to vote in an election described in 
paragraph (5). 
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