§ Legislative Act
Based on my research, I now have sufficient information to draft the comprehensive legislation document. Let me compile this into the required format.
Democratic Information Integrity and Foreign Interference Prevention
Current Status
Existing Law:
- Foreign Agents Registration Act (FARA), 22 U.S.C. §§ 611-621 (1938, amended 1966)¹
- Help America Vote Act (HAVA), 52 U.S.C. §§ 20901-21145 (2002)²
- Cybersecurity and Infrastructure Security Agency Act, P.L. 115-278 (2018)³
- Executive Order 13848 - Foreign Interference in United States Election Sanctions (2018)⁴
- National Voter Registration Act (NVRA), 52 U.S.C. §§ 20501-20511 (1993)
Current Authority:
- The FARA Unit of the Counterintelligence and Export Control Section (CES) in the National Security Division (NSD) is responsible for the administration and enforcement of FARA.⁵
- In January 2017, the Department of Homeland Security officially designated election infrastructure as a subset of the government facilities sector, making clear that election infrastructure qualifies as critical infrastructure. This designation recognizes that the United States' election infrastructure is of such vital importance to the American way of life that its incapacitation or destruction would have a devastating effect on the country.⁶
- The U.S. Election Assistance Commission (EAC) is an independent, bipartisan commission whose mission is to help election officials improve the administration of elections and help Americans participate in the voting process. As the only federal agency solely focused on election administration, the EAC works to protect the nation's election equipment, support election officials, serve voters.⁷
Existing Limitations:
- FARA regulations last substantively amended in 2007, with proposed rulemaking only published January 2025⁸
- No federal requirements for platform disclosure of automated/bot accounts
- No mandatory federal standards for post-election audits (voluntary state adoption)
- No federal media literacy curriculum standards or dedicated funding stream
- Digital influence operations fall outside traditional FARA definitions
Problem
Specific Harm
Foreign Interference Scale:
- "By sheer volume, foreign interference in the 2024 US election has already surpassed the scale of adversarial operations in both 2016 and 2020."⁹
- Russia's efforts represented the most active threat of foreign interference in the 2024 United States elections. On September 4, 2024, the US Department of Justice indicted members of Tenet Media for having received $9.7 million as part of a covert Russian influence operation to co-opt American right-wing influencers to espouse pro-Russian content and conspiracy theories.¹⁰
- In 2024 the U.S. charged two Russian media executives in a $10 million scheme to illegally fund Tenet Media and influence it to promote Russian propaganda.¹¹
Bot and Automated Account Prevalence:
- In 2024, most of the global website traffic was still generated by humans, but bot traffic is constantly growing. Fraudulent traffic through bad bot actors accounted for 37 percent of global web traffic in the most recently measured period, representing an increase of 12 percent from the previous year.¹²
- Chatter on social media about global events comes from 20% bots and 80% humans.¹³
- Despite the fact that they represent less than 1 percent of all users, the social media bots posted over 30% of all impeachment-related content on X, formerly known as Twitter.¹⁴
FARA Enforcement Gaps:
- Since 2016, there has been a 30 percent increase in registrations; as of November 2022, there were over 500 active foreign agents registered with the FARA Unit.¹⁵
- The FARA Unit conducted 26 inspections in 2024, the most since 1977.¹⁶
- The Department typically conducts roughly 14 audits and sends approximately 20 Letters of Inquiry on an annual basis.¹⁷
Disinformation Economic Impact:
- The advertising spending on misinformation globally is estimated to be approximately $2.6 billion dollars a year.¹⁸
- A Eurobarometer survey revealed that a staggering 71% of Europeans reported frequently encountering disinformation, with 86% recognizing its grave threat to democracy. This aligns with the World Economic Forum's assessment, which ranked disinformation as the second most significant global risk in 2024.¹⁹
Who is Affected
- Voters: Nearly 65% of the citizen voting age population participated in the general election, resulting in more than 158 million counted ballots.²⁰
- Election Officials: CISA engaged 12,357 election stakeholders.²¹
- Digital Platform Users: 70% of Americans "are worried about how fake news might affect the upcoming election," and 58% already say they have been deceived by AI-generated news.²²
- Only 40% of people say they consistently trust news.²³
Gaps in Current Law
- FARA Digital Gap: No specific provisions address digital influence campaigns, social media activities, or algorithmically amplified foreign content
- Platform Transparency: No federal requirement for social media platforms to disclose automated account prevalence or coordinated inauthentic behavior
- Election Audit Standards: There is no national auditing standard, and methods can vary from procedural, traditional, risk-limiting, tiered, or a combination of one or more types.²⁴
- Media Literacy: California has become the fourth state to mandate media literacy education for all students, spanning from kindergarten through grade 12. It joins the ranks of New Jersey, Delaware, and Texas.²⁵ (Only 4 states mandate K-12 media literacy)
- Voter Registration Security: Voter registration databases designated as critical infrastructure but subject to inconsistent security protocols across 10,000+ local jurisdictions
Accountability Failures
- The U.S. Department of Justice (DOJ) in 2023 filed its first affirmative civil enforcement lawsuit in over 20 years and brought a number of civil and criminal enforcement actions under FARA.²⁶
- The cuts mark a significant shift in the federal government's relationship with state election offices, which have depended on CISA and its partners for cybersecurity support. The EI-ISAC, which was established in 2018 following concerns over Russian interference in the 2016 election, has been completely defunded.²⁷
- No private right of action is available under FARA.²⁸
Proposed Reform
Primary Policy Change
Establish a comprehensive transparency-based framework to counter foreign interference and strengthen election integrity through:
- Modernized FARA digital disclosure requirements
- Mandatory platform transparency on automated accounts and coordinated behavior
- Federal election audit standards with paper ballot mandates
- Codified and funded election infrastructure protection
- Federal support for media literacy education
New Requirements
Title I: FARA Modernization
- Expand FARA "informational materials" definition to explicitly include digital content, algorithmically promoted materials, and sponsored social media content
- Require disclosure labels on all digital content produced by or on behalf of foreign principals with audiences exceeding 10,000
- Mandate quarterly reporting of digital engagement metrics for registered foreign agents
- Establish Civil Investigative Demand (CID) authority for DOJ FARA Unit
Title II: Platform Transparency
- Platforms with >50 million monthly active U.S. users must publish quarterly reports on:
- Estimated percentage of automated/bot accounts
- Detected coordinated inauthentic behavior networks
- Foreign state-linked account activity
- Require public API access for academic researchers studying coordinated influence operations
- Mandate disclosure of paid foreign-origin political advertising
- Report coordinated inauthentic behavior to CISA within 72 hours of detection
Title III: Election Security Infrastructure
- Codify election infrastructure as critical infrastructure (permanent statutory basis)
- Mandate voter-verified paper audit trails for all voting systems in federal elections
- Require post-election risk-limiting audits for all federal contests
- Establish minimum cybersecurity standards for voter registration databases
- Authorize $200 million annually for election security grants through EAC
Title IV: Media Literacy
- Authorize federal grants to states for K-12 media literacy curriculum development ($20 million annually)
- Direct CISA to conduct public awareness campaigns on foreign influence detection
- Establish interagency working group on AI-generated disinformation (DHS, FEC, State Department)
New Prohibitions
- Prohibition on knowingly receiving compensation from foreign principals for political content without disclosure
- Prohibition on operating or facilitating undisclosed automated accounts for political influence above de minimis thresholds
- Prohibition on purchasing or deploying voting systems without voter-verified paper records for federal elections
- Prohibition on certifying federal election results without completion of required audit procedures
Enforcement
FARA Violations (Enhanced):
- A "willful" violation carries a penalty for the violator of up to five years in prison and up to a $10,000 fine.²⁹ (Current law maintained)
- New civil penalties: Up to $50,000 per day for failure to file required digital disclosures
- Grant DOJ authority to seek civil injunctions nationwide (addressing DC Circuit limitation)
Platform Non-Compliance:
- FTC enforcement authority for transparency requirement violations
- Civil penalties: $50,000 per day per violation, with cap of $10 million per quarterly reporting period
- GAO audit authority for platform compliance
Election Security:
- Conditioning of federal election security funds on compliance with paper ballot and audit requirements
- EAC certification required for voting systems used in federal elections
- GAO audit of state compliance with election security standards
Oversight:
- GAO required to conduct biennial assessment of FARA enforcement effectiveness
- Inspector General of DOJ to review FARA Unit operations annually
- Judicial Conference to develop expedited procedures for FARA-related litigation
- EAC to publish annual election security compliance report
What Changes
Before
FARA:
- Digital influence campaigns operate in regulatory gray zone
- The regulations were last amended in 2007.³⁰
- No civil investigative demand authority; reliance on voluntary compliance
- DC Circuit ruling limits ability to compel registration after activity ceases
Platform Transparency:
- No federal disclosure requirements for bot accounts
- Coordinated inauthentic behavior detection remains proprietary
- Bad Bots now account for 73% of all internet traffic in some sectors; social media sees 46% of traffic from bad bots.³¹
- No standardized reporting to federal authorities
Election Security:
- The $10 million budget cut to CIS represents only a portion of funding; it received $27 million in fiscal 2024.³²
- Around 98 percent of all votes will be cast on paper in the 2024 general election³³ (but not federally mandated)
- Forty-eight states require a postelection audit of some kind³⁴ (but no federal standard)
- Inconsistent state-by-state security protocols
Media Literacy:
- Only 4 states mandate K-12 media literacy education
- No dedicated federal funding stream
- The Digital Citizenship and Media Literacy Act, S2240, would provide $20 million in federal grants to help schools develop digital citizenship and media literacy education in grades K-12³⁵ (not enacted)
After
FARA:
- Clear digital content disclosure requirements
- Civil investigative demand authority enables proactive enforcement
- Quarterly digital engagement reporting creates transparency
- Nationwide injunction authority eliminates circuit-specific limitations
Platform Transparency:
- Quarterly public reporting on automated account prevalence
- Coordinated inauthentic behavior reported to CISA
- Academic researcher access enables independent verification
- Foreign political advertising disclosed
Election Security:
- Statutory critical infrastructure designation (permanent)
- Universal paper ballot requirement for federal elections
- Mandatory risk-limiting audits with federal standards
- Stable, predictable federal funding ($200M annually)
- Since 2003, the EAC has administered more than $4.35 billion in HAVA formula funding to the states and territories, including Election Security and CARES funding totaling $1.4 billion from 2018 to 2024.³⁶ (Expanded and regularized)
Media Literacy:
- Federal grant program supporting state curriculum development
- Public awareness campaigns reaching millions of Americans
- Interagency coordination on emerging AI disinformation threats
ROI
Federal Budget Impact (10-Year, CBO-Scoreable)
Costs:
| Item | 10-Year |
|---|---|
| EAC Election Security Grants (enhanced) | $2.0B |
| Media Literacy Grant Program | $0.2B |
| DOJ FARA Unit Expansion (15 FTE) | $0.05B |
| CISA Coordinated Behavior Analysis | $0.1B |
| GAO/IG Oversight Functions | $0.03B |
| Contingency (10%) | $0.24B |
| Total | $2.62B |
Savings:
| Item | Gross | Capture | Net |
|---|---|---|---|
| Avoided election disruption costs | $1.0B | 30% | $0.3B |
| Reduced foreign influence remediation | $0.5B | 25% | $0.125B |
| FARA civil penalty revenue | $0.1B | 50% | $0.05B |
| Platform transparency penalty revenue | $0.2B | 40% | $0.08B |
| Total | $1.8B | $0.555B |
Result: Net -$2.065B · ROI: Non-monetary democratic integrity benefits
Societal Benefits
| Benefit | Annual | NPV (3%) | NPV (7%) |
|---|---|---|---|
| Reduced disinformation exposure | $0.5B | $4.3B | $3.5B |
| Enhanced election confidence | $0.3B | $2.6B | $2.1B |
| Deterred foreign interference | $0.4B | $3.4B | $2.8B |
| Improved civic participation | $0.2B | $1.7B | $1.4B |
| Total | $1.4B | $12.0B | $9.8B |
Summary
| Category | 10-Year | Notes |
|---|---|---|
| Federal Budget | -$2.065B | CBO-scoreable net cost |
| Societal | $9.8B - $12.0B | NPV at 3-7% |
Confidence: MEDIUM
- Cost estimates based on current EAC grant administration, CISA budget data, and DOJ FARA Unit staffing
- Societal benefits difficult to quantify; estimates derived from disinformation economy research and democratic participation studies
- Foreign interference costs inherently uncertain; deterrence effects speculative
- Platform compliance rates will significantly affect penalty revenue projections
References
- Foreign Agents Registration Act, 22 U.S.C. §§ 611-621 (1938)
- Help America Vote Act, 52 U.S.C. §§ 20901-21145 (2002)
- Cybersecurity and Infrastructure Security Agency Act, P.L. 115-278 (2018)
- Executive Order 13848, 83 FR 46843 (2018)
- U.S. Department of Justice, FARA Unit, National Security Division (2024)
- DHS, Statement on Designation of Election Infrastructure as Critical Infrastructure (January 6, 2017)
- U.S. Election Assistance Commission, About EAC (2024)
- Federal Register, Amending and Clarifying FARA Regulations, 90 FR 153 (January 2, 2025)
- Atlantic Council Digital Forensic Research Lab, Foreign Interference Attribution Tracker (November 2024)
- Wikipedia, Foreign interference in the 2024 United States elections (2024)
- Wikipedia, 2024 Tenet Media investigation (2024)
- Statista, Human and bot web traffic share 2024 (2024)
- Scientific Reports, A global comparison of social media bot and human characteristics (2025)
- George Washington University, Quantifying the Impact of Bots on Online Political Discussions (2023)
- Wikipedia, Foreign Agents Registration Act (2024)
- Mayer Brown, The US FARA: Key Issues to Watch in 2025 (December 2024)
- FARA.us, FARA Enforcement Overview (2024)
- Carter Center/McCain Institute, The Disinformation Economy (May 2024)
- DISA, A Retrospective Analysis of the 2024 Misinformation Landscape (December 2024)
- U.S. Election Assistance Commission, 2024 EAVS Report (June 2025)
- DHS, CISA FY 2025 Budget (2024)
- Brookings Institution, Foreign influence operations in the 2024 elections (September 2024)
- World Economic Forum, Disinformation threat to trust ecosystem (March 2024)
- U.S. Election Assistance Commission, Election Audits Across the United States (2021)
- NASBE, Advancing Policy to Foster K-12 Media Literacy (September 2024)
- Wiley, FARA: 2023 Review and 2024 Preview (2024)
- Votebeat, Cuts to federal election security funding (March 2025)
- FARA.us, Enforcement Overview (2024)
- FARA.us, Criminal and Civil Enforcement (2024)
- Federal Register, FARA Regulations (January 2025)
- Arkose Labs, Bad Bot Traffic Analysis (February 2024)
- Votebeat, CIS funding analysis (March 2025)
- Brennan Center for Justice, Paper Ballot Analysis (August 2024)
- Brennan Center for Justice, Post-Election Audit Requirements (August 2024)
- Media Literacy Now, National Legislation Campaign (2024)
- U.S. Election Assistance Commission, HAVA Grant Programs (2024)
Change Log
- 2025-12-09 - Created: Initial draft. Key sources: DOJ FARA Unit data, CISA election security materials, EAC grant administration records, Atlantic Council/Brennan Center foreign interference research, Imperva/Statista bot traffic analysis, Media Literacy Now policy reports.