S 1469 — Prevention of Foreign Interference with Elections Act of 2019

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.

Bill Text

• Introduced Introduced in Senate Current html May 14, 2019

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill adds provisions to criminalize election interference by foreign nationals and expands definitions related to foreign influence in elections.

• 18 U.S.C. § 612

  Sec. 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.

  This creates a new offense related to conspiring to interfere with elections involving foreign nationals, establishing penalties for individuals and agents of foreign powers.

• 8 U.S.C. § 1182(a)(10)(D)

  Any alien who has voted in violation of any Federal, State, or local constitutional provision, statute, ordinance, or regulation is inadmissible. → 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.

  This expands the grounds for inadmissibility of aliens who interfere with elections by including those convicted of violations under the new section 612.

• 52 U.S.C. § 30121

  (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'-- (ii) 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-- (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;

  This clarifies and modifies the definition of electioneering communication to include a broader range of communications potentially influenced by foreign nationals.

Action History

1. May 14, 2019

   Introduced in Senate

2. May 14, 2019

   Read twice and referred to the Committee on the Judiciary. (Sponsor introductory remarks on measure: CR S2833)

Sponsors

• Dianne Feinstein · Primary

Subjects