[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4145 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4145
To amend the Federal Election Campaign Act of 1971 to further restrict
contributions of foreign nationals, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 17, 2024
Mr. Hagerty (for himself, Mrs. Blackburn, Mr. Budd, Ms. Lummis, Mr.
Marshall, and Mr. Cruz) introduced the following bill; which was read
twice and referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to further restrict
contributions of foreign nationals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preventing Foreign Interference in
American Elections Act''.
SEC. 2. MODIFICATIONS TO FOREIGN MONEY BAN.
(a) Additional Restrictions.--
(1) In general.--Section 319(a)(1) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended--
(A) by striking ``or'' at the end of subparagraph
(B); and
(B) by adding at the end the following new
subparagraph:
``(D) a donation for the purpose of--
``(i) voter registration activity;
``(ii) ballot collection;
``(iii) voter identification;
``(iv) get-out-the-vote activity;
``(v) any public communication that refers
to a clearly identified Federal, State, or
local political party; or
``(vi) the administration of a Federal,
State, or local election; or''.
(2) Conforming amendment.--Section 319(a)(2) of such Act
(52 U.S.C. 30121(a)(2)) is amended by striking ``subparagraph
(A) or (B) of paragraph (1)'' and inserting ``subparagraph (A),
(B), or (D) of paragraph (1)''.
(b) Application to State and Local Ballot Initiatives, Referenda,
and Recall Elections.--Section 319(b) of the Federal Election Campaign
Act of 1971 (52 U.S.C. 30121(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and by moving such
subparagraphs 2 ems to the right;
(2) by striking ``as used in this section, the term'' and
inserting the following:
``(b) Definitions.--For purposes of this section--
``(1) Foreign national.--The term''; and
(3) by adding at the end the following new paragraph:
``(2) Federal, state, or local election.--
``(A) In general.--The term `Federal, State, or
local election' includes a State or local ballot
initiative, referendum, or recall election.
``(B) Rule of construction regarding state or local
elections and ballot initiatives and referenda.--
Nothing in this section may be construed to treat a
State or local election or a State or local ballot
initiative or referendum as an election for any other
purpose under this Act.''.
(c) Prohibition on Aiding or Facilitating Violations.--Section
319(a) of the Federal Election Campaign Act of 1971 (52 U.S.C.
30121(a)), as amended by subsection (a), is amended--
(1) by striking ``or'' at the end of paragraph (1)(D);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) a person to knowingly aid or facilitate a violation
of paragraph (1) or (2).''.
(d) Indirect Contributions.--Section 319 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121) is amended by adding at the end
the following new subsection:
``(c) Indirect Contributions.--For purposes of this section, a
person shall be treated as having indirectly made a contribution,
donation, expenditure, or disbursement described in subparagraph (A),
(B), (C), or (D) of subsection (a)(1) if such person has made a
contribution or donation to a person with a designation, instruction,
or encumbrance (whether direct or indirect, express or implied, oral or
written, or involving intermediaries or conduits) which results in any
part of such contribution, donation, expenditure, or disbursement being
used for an activity described in subparagraph (A), (B), (C), or (D) of
subsection (a)(1).''.
(e) Enforcement Provisions.--Section 319 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121), as amended by subsection (d),
is amended by adding at the end the following new subsection:
``(d) Enforcement.--
``(1) Use of certification as a defense.--
``(A) In general.--In the case of any allegation
that a person has violated subsection (a), any person
alleged in the complaint may, in connection with a
response to such allegation under section 309(a)(1),
submit, under penalty of perjury, a certification that
no such violation has occurred.
``(B) Effect of submission.--The Commission shall
take into consideration any certification submitted
under subparagraph (A) in making a determination under
section 309(a)(2) whether there is reason to believe
such violation has occurred.
``(2) Limitation on investigations.--
``(A) In general.--If the Commission makes a
determination under section 309(a)(2) that there is
reason to believe a violation of subsection (a) has
occurred or is about to occur, any investigation of
such alleged violation shall be limited in scope to the
factual matter necessary to determine whether such
alleged violation occurred.
``(B) Petition to quash subpoena or order on basis
not limited in scope to necessary factual matter.--
``(i) In general.--A person subject to an
investigation by the Commission following a
determination of the Commission that there is
reason to believe a violation of subsection (a)
has occurred or is about to occur may file a
petition in any United States district court
with jurisdiction to quash any subpoena or
order of the Commission issued under paragraph
(3) or (4), respectively, of section 307(a) on
the basis that the subpoena or order is not
limited in scope to the factual matter
necessary to determine whether such alleged
violation occurred as required under
subparagraph (A).
``(ii) Clarification.--Nothing in clause
(i) shall be construed to alter the right of
any person to otherwise challenge the power of
the Commission to issue a subpoena under
section 307(a)(3) or an order under section
307(a)(4).''.
(f) Reporting.--
(1) Contributions and expenditures of political committees
and political parties.--Section 304(b) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30104(b)) is amended by
striking ``and'' at the end of paragraph (7), by striking the
period at the end of paragraph (8) and inserting ``; and'', and
by adding at the end the following new paragraph:
``(9) under penalty of perjury, a certification that the
committee has complied with the requirements of section
319(a).''.
(2) Independent expenditures.--
(A) Committee reports.--Section 304(b)(6)(B)(iii)
of the Federal Election Campaign Act of 1971 (52 U.S.C.
30104(b)(6)(B)(iii)) is amended--
(i) by striking ``and a certification'' and
inserting ``a certification''; and
(ii) by inserting ``, and a certification,
under penalty of perjury that the independent
expenditure does not violate section 319(a)''
before the semicolon at the end.
(B) Other persons.--Section 304(c)(2) of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30104(c)(2)) is amended by striking ``and'' at the end
of subparagraph (B), by redesignating subparagraph (C)
as subparagraph (D), and by inserting after
subparagraph (B) the following new subparagraph:
``(C) under penalty of perjury, a certification
that the independent expenditure does not violate
section 319(a); and''.
(3) Electioneering communications.--Section 304(f)(2) of
such Act (52 U.S.C. 30104(f)(2)) is amended by adding at the
end the following new subparagraph:
``(G) A certification, under penalty of perjury,
that the disbursement does not violate section
319(a).''.
SEC. 3. PROTECTING PRIVACY OF DONORS TO TAX-EXEMPT ORGANIZATIONS.
(a) Restrictions on Collection of Donor Information.--
(1) Restrictions.--An entity of the Federal Government may
not collect or require the submission of information on the
identification of any donor to a tax-exempt organization.
(2) Exceptions.--Paragraph (1) does not apply to the
following:
(A) The Internal Revenue Service, acting lawfully
pursuant to section 6033 of the Internal Revenue Code
of 1986 or any successor provision.
(B) The Secretary of the Senate and the Clerk of
the House of Representatives, acting lawfully pursuant
to section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1604).
(C) The Federal Election Commission, acting
lawfully pursuant to--
(i) section 510 of title 36, United States
Code; or
(ii) any provision of title III of the
Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.).
(D) An entity acting pursuant to a lawful order of
a court or administrative body which has the authority
under law to direct the entity to collect or require
the submission of the information, but only to the
extent permitted by the lawful order of such court or
administrative body.
(b) Restrictions on Release of Donor Information.--
(1) Restrictions.--An entity of the Federal Government may
not disclose to the public information revealing the
identification of any donor to a tax-exempt organization.
(2) Exceptions.--Paragraph (1) does not apply to the
following:
(A) The Internal Revenue Service, acting lawfully
pursuant to section 6104 of the Internal Revenue Code
of 1986 or any successor provision.
(B) The Secretary of the Senate and the Clerk of
the House of Representatives, acting lawfully pursuant
to section 3 of the Lobbying Disclosure Act of 1995 (2
U.S.C. 1604).
(C) The Federal Election Commission, acting
lawfully pursuant to--
(i) section 510 of title 36, United States
Code; or
(ii) any provision of title III of the
Federal Election Campaign Act of 1971 (52
U.S.C. 30101 et seq.).
(D) An entity acting pursuant to a lawful order of
a court or administrative body which has the authority
under law to direct the entity to disclose the
information, but only to the extent permitted by the
lawful order of such court or administrative body.
(E) An entity which discloses the information as
authorized by the organization.
(c) Tax-Exempt Organization Defined.--In this section, a ``tax-
exempt organization'' means an organization which is described in
section 501(c) of the Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of such Code. Nothing in this subsection
may be construed to treat a political organization under section 527 of
such Code as a tax-exempt organization for purposes of this section.
(d) Penalties.--It shall be unlawful for any officer or employee of
the United States, or any former officer or employee, willfully to
disclose to any person, except as authorized in this section, any
information revealing the identification of any donor to a tax-exempt
organization. Any violation of this section shall be a felony
punishable upon conviction by a fine in any amount not exceeding
$250,000, or imprisonment of not more than 5 years, or both, together
with the costs of prosecution, and if such offense is committed by any
officer or employee of the United States, he shall, in addition to any
other punishment, be dismissed from office or discharged from
employment upon conviction for such offense.
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