1. Short title
This Act may be cited as the “Defending Elections From Foreign Efforts to Negate Democracy Act” or the “DEFEND Act”.
Defending Elections From Foreign Efforts to Negate Democracy Act
A BILL
To amend the Federal Election Campaign Act of 1971 to prohibit certain foreign nationals from making disbursements to compensate persons engaging in internet activity promoting, supporting, attacking, or opposing the election of a candidate for public office.
2. Prohibiting disbursements by certain foreign nationals to compensate persons engaging in internet activity promoting, supporting, attacking, or opposing the election of a candidate for public office
Disbursements described— Section 319(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended—
by striking “or” at the end of subparagraph (B); and
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)); or
“(F) a disbursement by a covered foreign national (as defined in subsection (c)) to compensate any person for internet activity that 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 express advocacy or the functional equivalent of express advocacy); or”
Definition— Section 319 of such Act (52 U.S.C. 30121) is amended by adding at the end the following new subsection:
“(c) Covered foreign national defined
“(1) In general—In this subsection, the term covered foreign national means—
“(A) 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;
“(B) 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 subparagraph (A) 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 subparagraph (A); or
“(C) 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 subparagraph (A).
“(2) Clarification regarding application to citizens of the United States—In the case of a citizen of the United States, subparagraph (B) of paragraph (1) 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 subparagraph (A) of paragraph (1).”
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.