S.Amdt. 2219

SA 2219. Mr. WARNER (for himself, Mr. Bennet, Ms. Harris, Mr. King,
Mr. Heinrich, Mr. Wyden, and Ms. Collins) submitted an amendment
intended to be proposed by him to the bill S. 4049, to authorize
appropriations for fiscal year 2021 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. DUTY TO REPORT COUNTERINTELLIGENCE THREATS TO
CAMPAIGNS.

(a) In General.--Section 304 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104) is amended by adding
at the end the following new subsection:
``(j) Disclosure of Reportable Foreign Contacts.--
``(1) Committee obligation.--Not later than 1 week after a
reportable foreign contact, each authorized committee of a
candidate for President shall notify the Federal Bureau of
Investigation of the reportable foreign contact and provide a
summary of the circumstances with respect to such reportable
foreign contact.
``(2) Individual obligation.--Not later than 1 week after a
reportable foreign contact--
``(A) each candidate for the office of President shall
notify the treasurer or other designated official of the
principal campaign committee of such candidate of the
reportable foreign contact and provide a summary of the
circumstances with respect to such reportable foreign
contact; and
``(B) each official, employee, or agent of an authorized
committee of a candidate for the office of President shall
notify the treasurer or other designated official of the
authorized committee of the reportable foreign contact and
provide a summary of the circumstances with respect to such
reportable foreign contact.
``(3) Reportable foreign contact.--In this subsection:
``(A) In general.--The term `reportable foreign contact'
means any direct or indirect contact or communication that--
``(i) is between--

``(I) a candidate for the office of President, an
authorized committee of such a candidate, or any official,
employee, or agent of such authorized committee; and
``(II) an individual that the person described in subclause
(I) knows, has reason to know, or reasonably believes is a
covered foreign national; and

``(ii) the person described in clause (i)(I) knows, has
reason to know, or reasonably believes involves--

``(I) a contribution, donation, expenditure, disbursement,
or solicitation described in section 319; or
``(II) coordination or collaboration with an offer or
provision of information or services to or from, or
persistent and repeated contact with a covered foreign
national in connection with an election.

``(B) Exception.--Such term shall not include any contact
or communication with a covered foreign national by an
elected official or an employee of an elected official solely
in an official capacity as such an official or employee.
``(C) Covered foreign national defined.--
``(i) In general.--In this paragraph, the term `covered
foreign national' means--

``(I) a foreign principal (as defined in section 1(b) of
the Foreign Agents Registration Act of 1938 (22 U.S.C.
611(b)) that is a government of a foreign country or a
foreign political party;
``(II) any person who acts as an agent, representative,
employee, or servant, or any person who acts in any other
capacity at the order, request, or under the direction or
control, of a foreign principal described in subclause (I) or
of a person any of whose activities are directly or
indirectly supervised, directed, controlled, financed, or
subsidized in whole or in major part by a foreign principal
described in subclause (I); or
``(III) any person included in the list of specially
designated nationals and blocked persons maintained by the
Office of Foreign Assets Control of the Department of the
Treasury pursuant to authorities relating to the imposition
of sanctions relating to the conduct of a foreign principal
described in subclause (I).

``(ii) Clarification regarding application to citizens of
the united states.--In the case of a citizen of the United
States, subclause (II) of clause (i) applies only to the
extent that the person involved acts within the scope of that
person's status as the agent of a foreign principal described
in subclause (I) of clause (i).
``(4) Clarification regarding volunteers.--For purposes of
paragraphs (2)(B) and (3)(A)(i)(I), an unpaid volunteer shall
not be treated as an official, employee, or agent of an
authorized committee unless such unpaid volunteer has a
significant supervisory role or provides advice or input to
the candidate or to senior officials of the authorized
committee.''.
(b) Federal Campaign Foreign Contact Reporting Compliance
System.--Section 302(e) of the Federal Election Campaign Act
of 1971 (52 U.S.C. 30102(e)) is amended by adding at the end
the following new paragraph:
``(6) Reportable foreign contacts compliance policy.--
``(A) Reporting.--Each authorized committee of a candidate
for the office of President shall establish a policy that
requires all officials, employees, 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
1 week after such contact was made.

[[Page S3662]]

``(B) Retention and preservation of records.--Each
authorized committee of a candidate for the office of
President shall establish a policy that provides for the
retention and preservation of records and information related
to reportable foreign contacts (as so defined) for a period
of not less than 3 years.
``(C) Certification.--Upon designation of a political
committee as an authorized committee by a candidate for the
office of President, and with each report filed by such
committee under section 304(a), the candidate shall certify
that--
``(i) the committee has in place policies that meet the
requirements of subparagraphs (A) and (B);
``(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 affiliation with the committee, all
officials, employees, and agents of such committee will--

``(I) receive notice of such policies;
``(II) be informed of the prohibitions under section 319;
and
``(III) sign a certification affirming their understanding
of such policies and prohibitions.''.

(c) Criminal Penalties.--Section 309(d)(1) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is
amended by adding at the end the following new subparagraphs:
``(E) Any person who knowingly and willfully commits a
violation of section 304(j) or section 302(e)(6) shall be
fined under title 18, United States Code, imprisoned for not
more than 3 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 under
title 18, United States Code, imprisoned for not more than 3
years, or both.''.
(d) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed--
(1) to impede legitimate journalistic activities; or
(2) to impose any additional limitation on the right of any
individual who 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 Nationality Act) and who 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)) to express political views or to
participate in public discourse.
______