[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8399 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 559
118th CONGRESS
  2d Session
                                H. R. 8399

                      [Report No. 118-663, Part I]

To amend the Federal Election Campaign Act of 1971 to further restrict 
      contributions of foreign nationals, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2024

 Mr. Steil (for himself and Mrs. Bice) introduced the following bill; 
  which was referred to the Committee on House Administration, and in 
addition to the Committee on Oversight and Accountability, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

                           September 12, 2024

                 Additional sponsor: Ms. Lee of Florida

                           September 12, 2024

 Reported from the Committee on House Administration with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                           September 12, 2024

Committee on Oversight and Accountability discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
[For text of introduced bill, see copy of bill as introduced on May 14, 
                                 2024]


_______________________________________________________________________

                                 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) 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).''.
    (c) 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 subparagraphs (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 subparagraphs (A), (B), (C), or (D) 
of subsection (a)(1).''.
    (d) Enforcement Provisions.--Section 319 of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30121), as amended by subsection (c), 
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).''.
    (e) 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--
                    (A) by striking ``and'' at the end of paragraph 
                (7);
                    (B) by striking the period at the end of paragraph 
                (8) and inserting ``; and''; and
                    (C) 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 such Act (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 such Act 
                (52 U.S.C. 30104(c)(2)) is amended--
                            (i) by striking ``and'' at the end of 
                        subparagraph (B);
                            (ii) by redesignating subparagraph (C) as 
                        subparagraph (D); and
                            (iii) 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.

SEC. 4. EFFECTIVE DATE.

    (a) Modifications to Foreign Money Ban.--
            (1) In general.--Except as provided in paragraph (2), 
        section 2 and the amendments made by section 2 shall apply with 
        respect to donations or other amounts provided on or after the 
        date of the enactment of this Act.
            (2) Reporting requirements.--Subsection (e) of section 2 
        and the amendments made by such subsection shall apply with 
        respect to reports filed under the Federal Election Campaign 
        Act of 1971 on or after the date of the enactment of this Act.
    (b) Protecting Privacy of Donors.--Section 3 shall apply with 
respect to donations made on or after the date of the enactment of this 
Act.
                                                 Union Calendar No. 559

118th CONGRESS

  2d Session

                               H. R. 8399

                      [Report No. 118-663, Part I]

_______________________________________________________________________

                                 A BILL

To amend the Federal Election Campaign Act of 1971 to further restrict 
      contributions of foreign nationals, and for other purposes.

_______________________________________________________________________

                           September 12, 2024

 Reported from the Committee on House Administration with an amendment

                           September 12, 2024

Committee on Oversight and Accountability discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed