[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4145 Introduced in Senate (IS)]

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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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