HR 8721
Preventing Foreign Interference in American Elections Act
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Bill overview
The Preventing Foreign Interference in American Elections Act aims to strengthen regulations around foreign influence in U.S. elections. It expands the definition of prohibited foreign donations to include activities like voter registration and get-out-the-vote efforts, and it prohibits aiding or facilitating violations of these restrictions. The bill also includes provisions to protect the privacy of donors to tax-exempt organizations and clarifies reporting requirements for political committees and independent expenditures, specifically addressing potential violations related to foreign influence.
Key provisions
- Expands the definition of prohibited foreign donations to include activities like voter registration, ballot collection, and get-out-the-vote efforts.
- Prohibits aiding or facilitating violations of the foreign donation ban.
- Creates a certification defense for individuals accused of violating the foreign donation ban.
- Protects the privacy of donors to tax-exempt organizations by restricting government collection and disclosure of donor information.
- Clarifies reporting requirements for political committees and independent expenditures, specifically regarding potential foreign influence.
- Addresses electioneering communications by requiring disclosures of related expenditures.
- Establishes penalties for willfully disclosing donor information to unauthorized individuals.
- Defines a tax-exempt organization for the purposes of donor privacy protections.
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119th CONGRESS — 2d Session
H. R. 8721
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend the Federal Election Campaign Act of 1971 to prevent foreign interference in United States elections, and for other purposes.
This Act may be cited as the Preventing Foreign Interference in American Elections Act
.
by striking or
at the end of subparagraph (B); and
by adding at the end the following new subparagraph:
a donation for the purpose of—
ballot collection;
the administration of a Federal, State, or local election; or
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)
.
Section 319(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)), as amended by subsection (a), is amended—
in paragraph (1)(D), by striking or
at the end;
in paragraph (2), by striking the period at the end and inserting ; or
; and
by adding at the end the following new paragraph:
a person to knowingly aid or facilitate a violation of paragraph (1) or (2).
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:
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).
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:
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.
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.
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:
under penalty of perjury, a certification that the committee has complied with the requirements of section 319(a).
Section 304(b)(6)(B)(iii) of such Act (52 U.S.C. 30104(b)(6)(B)(iii)) is amended—
and a certificationand inserting
a certification; and
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.
Section 304(c)(2) of such Act (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:
under penalty of perjury, a certification that the independent expenditure does not violate section 319(a); and
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:
A certification, under penalty of perjury, that the disbursement does not violate section 319(a).
Paragraph (1) does not apply to the following:
The Internal Revenue Service, acting lawfully pursuant to section 6033 of the Internal Revenue Code of 1986 or any successor provision.
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).
The Federal Election Commission, acting lawfully pursuant to—
any provision of title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
An entity of the Federal Government may not disclose to the public information revealing the identification of any donor to a tax-exempt organization.
Paragraph (1) does not apply to the following:
The Internal Revenue Service, acting lawfully pursuant to section 6104 of the Internal Revenue Code of 1986 or any successor provision.
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).
The Federal Election Commission, acting lawfully pursuant to—
any provision of title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
An entity which discloses the information as authorized by the organization.
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.
Section 3 shall apply with respect to donations made on or after the date of the enactment of this Act.