Sec. 4. Strengthening prohibitions on expenditures by foreign nationals
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Section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 ) is amended— in subsection (a)(1)(C), by inserting , subject to subsection
(c)after within the meaning of section 304(f)(3) ; and by adding at the end the following new subsections: For purposes of applying subsection (a)(1)(C) and subsection (d), an electioneering communication — does not include a news story, commentary, editorial, or other communication produced and distributed in the ordinary course of bona fide press activity by a news or press service or association, newspaper, magazine, periodical, or other publication as determined under subparagraph (B); except as provided in clause (i), includes an Internet or digital communication that otherwise meets the requirements of section 304(f)(3) as modified by this paragraph; 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— the communication otherwise meets the requirements of such section as modified by this paragraph except that items
(aa)and
(bb)of subparagraph (A)(i)(II) of such section shall each be applied by substituting Federal, State, or local office for the office sought by the candidate ; the communication— references voting or a Federal, State, or local election; addresses an issue that is reasonably understood to distinguish one candidate for Federal, State, or local office from another; republishes or is substantially identical to the communications of a candidate for Federal, State, or local office on that same issue; expresses approval or disapproval of a position reasonably identified with a candidate for Federal, State, or local office and presented in substantially similar terms, regardless of whether there is a specific reference to that candidate; or references an employee of a candidate or campaign for Federal, State, or local office or a political party; and does not include a commercial advertisement for goods or services by a foreign corporation or business entity. For purposes of subparagraph (A)(i), a news story, commentary, editorial, or other communication is not produced and distributed in the ordinary course of bona fide press activity by a news or press service or association, newspaper, magazine, periodical, or other publication and the exception under such subparagraph shall not apply if— such media outlet is owned, directed, supervised, controlled, subsidized, or financed by a government of a foreign country, as defined in section 1 of the Foreign Agents Registration Act of 1938 ( 22 U.S.C. 611 ); and such news story, commentary, editorial, or other communication— is directed, produced, or distributed, at the direction of government or political party officials; and promotes, attacks, supports, or opposes any candidate for public office or political party in the United States. When an individual or a group of individuals engages in Internet activities for the purposes of influencing an election, neither of the following is a contribution or expenditure for purposes of this section by that individual or group of individuals: The uncompensated personal services of the individual related to such Internet activities. The exception under the preceding sentence shall not apply to individuals or a group of individuals acting on behalf of or in any capacity at the order, request, or under the direction or control, of a government of a foreign country, a foreign political party, or a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a government of a foreign country or a foreign political party. The use of equipment or services by the individual for uncompensated Internet activities, regardless of the identity of the owner of the equipment or services. The exception under the preceding sentence shall not apply to equipment or services supplied or provided directly or indirectly by a government of a foreign country, a foreign political party, or a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in major part by a government of a foreign country or a foreign political party. For purposes of this paragraph, the terms Internet activities and equipment and services have the meaning given such terms in section 100.94 of title 11, Code of Federal Regulations (or any successor regulation). No person shall knowingly provide substantial assistance to a foreign national, including a foreign government or foreign political party, with respect to directly or indirectly making a contribution or donation, or other thing of value, or an expenditure, independent expenditure, or disbursement for an electioneering communication (within the meaning of section 304(f)(3)), or any other act prohibited under subsection (a). As used in this subsection, the term providing substantial assistance means, with respect to an act described in paragraph (1), the facilitation of such act by a foreign national, including a foreign government or foreign political party. Such facilitation includes the knowing republication of foreign government and foreign political party electioneering communications referred to in subsection (b), regardless of whether the communication was made in concert or cooperation with or at the request or suggestion of a foreign government or foreign political party. .
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