Prohibiting Foreign Election Assistance Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 3395 To amend the Federal Election Campaign Act of 1971 to clarify the treatment of information sought or obtained for political advantage from foreign nationals, to require political committees under such Act to acknowledge in writing that they are aware of the provisions of such Act which prohibit the solicitation, acceptance, or receipt of money and other things of value from foreign nationals in elections, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 20, 2019 Mr. SCHIFF 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 clarify the treatment of information sought or obtained for political advantage from foreign nationals, to require political committees under such Act to acknowledge in writing that they are aware of the provisions of such Act which prohibit the solicitation, acceptance, or receipt of money and other things of value from foreign nation- als in elections, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 21:18 Jun 26, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3395.IH H3395 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3395 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Prohibiting Foreign 2 Election Assistance Act of 2019’’. 3 SEC. 2. TREATMENT OF INFORMATION SOUGHT OR OB- 4 TAINED FOR POLITICAL ADVANTAGE FROM 5 FOREIGN NATIONALS. 6 (a) CLARIFICATION OF TREATMENT AS THING OF 7 VALUE FOR PURPOSES OF FOREIGN MONEY BAN.—Sec- 8 tion 319(a)(1)(A) of the Federal Election Campaign Act 9 of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by strik- 10 ing ‘‘or other thing of value’’ and inserting ‘‘or other thing 11 of value (including information sought or obtained for po- 12 litical advantage)’’. 13 (b) ENHANCED PENALTY FOR VIOLATION.— 14 (1) IN GENERAL.—Section 309(d)(1) of such 15 Act (52 U.S.C. 30109(d)(1)) is amended by adding 16 at the end the following new subparagraph: 17 ‘‘(E) Any person who knowingly and willfully com- 18 mits a violation of section 319 which involves the making, 19 solicitation, acceptance, or receipt of any contribution, do- 20 nation, or expenditure involving information sought or ob- 21 tained for political advantage, shall be fined under title 22 18, United States Code, or imprisoned for not more than 23 5 years, or both.’’. 24 (2) EFFECTIVE DATE.—The amendment made 25 by paragraph (1) shall apply with respect to con- 26 VerDate Sep 11 2014 21:18 Jun 26, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3395.IH H3395 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3395 IH tributions, donations, and expenditures which are 1 made, solicited, accepted, or received on or after the 2 date of the enactment of this Act. 3 SEC. 3. REQUIRING ACKNOWLEDGMENT OF FOREIGN 4 MONEY BAN BY POLITICAL COMMITTEES. 5 (a) PROVISION OF INFORMATION BY FEDERAL ELEC- 6 TION COMMISSION.—Section 303 of the Federal Election 7 Campaign Act of 1971 (52 U.S.C. 30103) is amended by 8 adding at the end the following new subsection: 9 ‘‘(e) ACKNOWLEDGMENT OF FOREIGN MONEY 10 BAN.— 11 ‘‘(1) NOTIFICATION BY COMMISSION.—Not later 12 than 30 days after a political committee files its 13 statement of organization under subsection (a), and 14 biennially thereafter until the committee terminates, 15 the Commission shall provide the committee with a 16 written explanation of section 319. 17 ‘‘(2) ACKNOWLEDGMENT BY COMMITTEE.— 18 ‘‘(A) IN GENERAL.—Not later than 30 19 days after receiving the written explanation of 20 section 319 under paragraph (1), the committee 21 shall transmit to the Commission a signed cer- 22 tification that the committee has received such 23 written explanation and has provided a copy of 24 VerDate Sep 11 2014 21:18 Jun 26, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3395.IH H3395 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3395 IH the explanation to all members, employees, con- 1 tractors, and volunteers of the committee. 2 ‘‘(B) PERSON RESPONSIBLE FOR SIGNA- 3 TURE.—The certification required under sub- 4 paragraph (A) shall be signed— 5 ‘‘(i) in the case of an authorized com- 6 mittee of a candidate, by the candidate; or 7 ‘‘(ii) in the case of any other political 8 committee, by the treasurer of the com- 9 mittee.’’. 10 (b) EFFECTIVE DATE; TRANSITION FOR EXISTING 11 COMMITTEES.— 12 (1) IN GENERAL.—The amendment made by 13 subsection (a) shall apply with respect to political 14 committees which file statements of organization 15 under section 303 of the Federal Election Campaign 16 Act of 1971 (52 U.S.C. 30103) on or after the date 17 of the enactment of this Act. 18 (2) TRANSITION FOR EXISTING COMMITTEES.— 19 (A) NOTIFICATION BY FEDERAL ELECTION 20 COMMISSION.—Not later than 90 days after the 21 date of the enactment of this Act, the Federal 22 Election Commission shall provide each political 23 committee under such Act with the written ex- 24 planation of section 319 of such Act, as re- 25 VerDate Sep 11 2014 21:18 Jun 26, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3395.IH H3395 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3395 IH quired under section 303(e)(1) of such Act (as 1 added by subsection (a)). 2 (B) ACKNOWLEDGMENT BY COMMITTEE.— 3 Not later than 30 days after receiving the writ- 4 ten explanation under subparagraph (A), each 5 political committee under such Act shall trans- 6 mit to the Federal Election Commission the 7 signed certification, as required under section 8 303(e)(2) of such Act (as added by subsection 9 (a)). 10 Æ VerDate Sep 11 2014 21:18 Jun 26, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3395.IH H3395 pamtmann on DSKBFK8HB2PROD with BILLS