Sec. 2. Interference in elections by foreign nationals
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Chapter 29 of title 18, United States Code, is amended by adding at the end the following: Whoever— 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 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. 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. 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. 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. The court shall proceed as soon as practicable to the hearing and determination of a civil action brought under this subsection, and may, at any time before final determination, enter such a restraining order or prohibition, or take such other action, as is warranted to prevent a continuing and substantial injury to the United States, a State, or a locality, or to any person or class of persons for whose protection the civil action is brought. A proceeding under this subsection shall be governed by the Federal Rules of Civil Procedure, except that, if an indictment has been returned against the respondent, discovery shall be governed by the Federal Rules of Criminal Procedure. If a civil action is brought under this subsection, before an indictment is returned against the respondent or while an indictment against the respondent is under seal— the court shall place the civil action under seal; and when the indictment is unsealed, the court shall unseal the civil action unless good cause exists to keep the civil action under seal. For any civil proceeding brought by the Attorney General under this subsection in which an indictment has not been returned against the respondent, classified information in the civil proceeding shall be subject to the procedures described in section 2339B(f). In this section— the term agent of a foreign power — has the meaning given to the term in section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 ); and does not include a United States person (as defined under section 101 of the Foreign Intelligence Surveillance Act of 1978 ( 50 U.S.C. 1801 )); the term classified information has the meaning given the term in section 1 of the Classified Information Procedures Act (18 U.S.C. App.); the term foreign national — means a foreign principal, as such term is defined by section 1(b) of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611(b) ); and does not include any individual who is a citizen of the United States or a lawful permanent resident of the United States; and the term interfering act means any offense, that does have to be otherwise proven, under or violation of— this title; section 12 of the Voting Rights Act of 1965 ( 52 U.S.C. 10308 ); the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 et seq.); or chapter 95 or 96 of the Internal Revenue Code of 1986. Nothing in this section shall be construed or applied to abridge the exercise of rights guaranteed under the First Amendment to the Constitution of the United States. . If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act, the amendments made by this Act, and the applications of the provisions of such to any other person or circumstance shall not be affected thereby. The table of sections for chapter 29 of title 18, United States Code, is amended by adding at the end the following: 612. Interference in elections by foreign nationals. .
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Sec. 2
Interference in elections by foreign nationals
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