S.Amdt. 4646

SA 4646. Ms. ALSOBROOKS submitted an amendment intended to be

[[Page S1304]]

proposed by her to the bill S. 1383, to establish the Veterans Advisory
Committee on Equal Access, and for other purposes; which was ordered to
lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROHIBITION ON DECEPTIVE COMMUNICATIONS REGARDING
FEDERAL ELECTIONS.

(a) Prohibition.--Subsection (b) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by adding at the end the following new paragraphs:
``(2) Prohibition on deceptive communications regarding
federal elections.--
``(A) False statements.--No person, whether acting under
color of law or otherwise, shall, within 60 days before an
election described in paragraph (4), by any means, including
by means of written, electronic, or telephonic
communications, communicate or cause to be communicated
information described in subparagraph (C), or produce
information described in subparagraph (C) with the intent
that such information be communicated, if such person--
``(i) knows such information to be materially false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
paragraph (4).
``(B) Use of generative artificial intelligence.--No
person, whether acting under color of law or otherwise, shall
use an artificial intelligence system, including a generative
artificial intelligence system, to produce information
described in subparagraph (C) within 60 days before an
election described in paragraph (4) if such person--
``(i) has the intent to use the system to produce false
information; and
``(ii) has the intent to use the system to impede or
prevent another person from exercising the right to vote in
an election described in paragraph (4).
``(C) Information described.--Information is described in
this subparagraph if such information is regarding--
``(i) the time, place, or manner of holding any election
described in paragraph (4); or
``(ii) the qualifications for or restrictions on voter
eligibility for any such election, including--

``(I) any criminal, civil, or other legal penalties
associated with voting in any such election; or
``(II) information regarding a voter's registration status
or eligibility.

``(3) Hindering, interfering with, or preventing voting or
registering to vote.--No person, whether acting under color
of law or otherwise, shall intentionally hinder, interfere
with, or prevent another person from voting, registering to
vote, or aiding another person to vote or register to vote in
an election described in paragraph (4), including by
operating a polling place or ballot box that falsely purports
to be an official location established for such an election
by a unit of government.
``(4) Election described.--An election described in this
paragraph is any general, primary, runoff, or special
election held solely or in part for the purpose of nominating
or electing a candidate for the office of President, Vice
President, Presidential elector, Member of the Senate, Member
of the House of Representatives, or Delegate or Commissioner
from a Territory or possession.
``(5) Definitions.--
``(A) Artificial intelligence.--The term `artificial
intelligence' has the meaning given the term in section 5002
of the National Artificial Intelligence Initiative Act of
2020 (15 U.S.C. 9401).
``(B) Generative artificial intelligence.--The term
`generative artificial intelligence' means the class of
artificial intelligence models that emulate the structure and
characteristics of input data in order to generate derived
synthetic content. This can include images, videos, audio,
text, and other digital content.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and inserting the
following:
``(1) In general.--Whenever any person''; and
(B) by adding at the end the following new paragraph:
``(2) Civil action.--Any person aggrieved by a violation of
this section may institute a civil action for preventive
relief, including an application in a United States district
court for a permanent or temporary injunction, restraining
order, or other order. In any such action, the court, in its
discretion, may allow the prevailing party a reasonable
attorney's fee as part of the costs.''.
(2) Conforming amendments.--Section 2004 of the Revised
Statutes (52 U.S.C. 10101) is amended--
(A) in subsection (e), by striking ``subsection (c)'' and
inserting ``subsection (c)(1)''; and
(B) in subsection (g), by striking ``subsection (c)'' and
inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever intimidates'' and inserting ``(a)
In General.--Whoever intimidates'';
(B) by striking ``at any election'' and inserting ``at any
general, primary, runoff, or special election''; and
(C) by adding at the end the following new subsections:
``(b) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, within 60
days before an election described in subsection (d), by any
means, including by means of written, electronic, or
telephonic communications, to communicate or cause to be
communicated information described in subparagraph (B), or
produce information described in subparagraph (B) with the
intent that such information be communicated, if such
person--
``(i) knows such information to be materially false; and
``(ii) has the intent to impede or prevent another person
from exercising the right to vote in an election described in
subsection (d).
``(B) Information described.--Information is described in
this subparagraph if such information is regarding--
``(i) the time or place of holding any election described
in subsection (d); or
``(ii) the qualifications for or restrictions on voter
eligibility for any such election, including--

``(I) any criminal, civil, or other legal penalties
associated with voting in any such election; or
``(II) information regarding a voter's registration status
or eligibility.

``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 1
year, or both.
``(c) Hindering, Interfering With, or Preventing Voting or
Registering To Vote.--
``(1) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to corruptly
hinder, interfere with, or prevent another person from
voting, registering to vote, or aiding another person to vote
or register to vote in an election described in subsection
(d).
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined under this title, imprisoned for not more than 1
year, or both.
``(d) Election Described.--An election described in this
subsection is any general, primary, runoff, or special
election held solely or in part for the purpose of nominating
or electing a candidate for the office of President, Vice
President, Presidential elector, Senator, Member of the House
of Representatives, or Delegate or Resident Commissioner to
the Congress.''.
(2) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 days after
the date of enactment of this Act, the United States
Sentencing Commission, pursuant to its authority under
section 994 of title 28, United States Code, and in
accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and
policy statements applicable to persons convicted of any
offense under section 594 of title 18, United States Code, as
amended by this section.
(B) Authorization.--The United States Sentencing Commission
may amend the Federal Sentencing Guidelines in accordance
with the procedures set forth in section 21(a) of the
Sentencing Act of 1987 (28 U.S.C. 994 note) as though the
authority under that section had not expired.
(3) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or
for voting'' and inserting ``for registration to vote, for
voting, or for not voting''.
(d) Corrective Action.--
(1) Corrective action.--
(A) In general.--If the Attorney General receives a
credible report that materially false information has been or
is being communicated in violation of section 2004(b)(2) of
the Revised Statutes (52 U.S.C. 10101(b)(2)), as added by
subsection (a), and if the Attorney General determines that
State and local election officials have not taken adequate
steps to promptly communicate accurate information to correct
the materially false information, the Attorney General shall,
pursuant to the written procedures and standards under
paragraph (2), communicate to the public, by any means,
including by means of written, electronic, or telephonic
communications, accurate information designed to correct the
materially false information.
(B) Communication of corrective information.--Any
information communicated by the Attorney General under
subparagraph (A)--
(i) shall--

(I) be accurate and objective;
(II) consist of only the information necessary to correct
the materially false information that has been or is being
communicated; and
(III) to the extent practicable, be by a means that the
Attorney General determines will reach the persons to whom
the materially false information has been or is being
communicated; and

(ii) shall not be designed to favor or disfavor any
particular candidate, organization, or political party.
(2) Written procedures and standards for taking corrective
action.--

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(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish
written procedures and standards for determining when and how
corrective action will be taken under this subsection.
(B) Inclusion of appropriate deadlines.--The procedures and
standards under subparagraph (A) shall include appropriate
deadlines, based in part on the number of days remaining
before the upcoming election.
(C) Consultation.--In developing the procedures and
standards under subparagraph (A), the Attorney General shall
consult with the Election Assistance Commission, State and
local election officials, civil rights organizations, voting
rights groups, voter protection groups, and other interested
community organizations.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Attorney General such sums as may
be necessary to carry out this subsection.
______