II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preventing Foreign 

5 Interference in American Elections Act’’. 

6 SEC. 2. MODIFICATIONS TO FOREIGN MONEY BAN. 

7 (a) ADDITIONAL RESTRICTIONS.— 


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1 (1) IN GENERAL.—Section 319(a)(1) of the 

2 Federal Election Campaign Act of 1971 (52 U.S.C. 

3 30121(a)(1)) is amended— 

4 (A) by striking ‘‘or’’ at the end of subpara5 graph (B); and 

6 (B) by adding at the end the following new 

7 subparagraph: 

8 ‘‘(D) a donation for the purpose of— 

9 ‘‘(i) voter registration activity; 

10 ‘‘(ii) ballot collection; 

11 ‘‘(iii) voter identification; 

12 ‘‘(iv) get-out-the-vote activity; 

13 ‘‘(v) any public communication that 

14 refers to a clearly identified Federal, State, 

15 or local political party; or 

16 ‘‘(vi) the administration of a Federal, 

17 State, or local election; or’’. 

18 (2) CONFORMING AMENDMENT.—Section 

19 319(a)(2) of such Act (52 U.S.C. 30121(a)(2)) is 

20 amended by striking ‘‘subparagraph (A) or (B) of 

21 paragraph (1)’’ and inserting ‘‘subparagraph (A), 

22 (B), or (D) of paragraph (1)’’. 

23 (b) APPLICATION TO STATE AND LOCAL BALLOT INI24 TIATIVES, REFERENDA, AND RECALL ELECTIONS.—SecVerDate Sep 11 2014 19:33 Apr 29, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4145.IS S4145

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1 tion 319(b) of the Federal Election Campaign Act of 1971 

2 (52 U.S.C. 30121(b)) is amended— 

3 (1) by redesignating paragraphs (1) and (2) as 

4 subparagraphs (A) and (B), respectively, and by 

5 moving such subparagraphs 2 ems to the right; 

6 (2) by striking ‘‘as used in this section, the 

7 term’’ and inserting the following: 

8 ‘‘(b) DEFINITIONS.—For purposes of this section— 

9 ‘‘(1) FOREIGN NATIONAL.—The term’’; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) FEDERAL, STATE, OR LOCAL ELECTION.— 

13 ‘‘(A) IN GENERAL.—The term ‘Federal, 

14 State, or local election’ includes a State or local 

15 ballot initiative, referendum, or recall election. 

16 ‘‘(B) RULE OF CONSTRUCTION REGARDING

17 STATE OR LOCAL ELECTIONS AND BALLOT INI18 TIATIVES AND REFERENDA.—Nothing in this 

19 section may be construed to treat a State or 

20 local election or a State or local ballot initiative 

21 or referendum as an election for any other pur22 pose under this Act.’’. 

23 (c) PROHIBITION ON AIDING OR FACILITATING VIO24 LATIONS.—Section 319(a) of the Federal Election CamVerDate Sep 11 2014 19:33 Apr 29, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4145.IS S4145

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1 paign Act of 1971 (52 U.S.C. 30121(a)), as amended by 

2 subsection (a), is amended— 

3 (1) by striking ‘‘or’’ at the end of paragraph 

4 (1)(D); 

5 (2) by striking the period at the end of para6 graph (2) and inserting ‘‘; or’’; and 

7 (3) by adding at the end the following new 

8 paragraph: 

9 ‘‘(3) a person to knowingly aid or facilitate a 

10 violation of paragraph (1) or (2).’’. 

11 (d) INDIRECT CONTRIBUTIONS.—Section 319 of the 

12 Federal Election Campaign Act of 1971 (52 U.S.C. 

13 30121) is amended by adding at the end the following new 

14 subsection: 

15 ‘‘(c) INDIRECT CONTRIBUTIONS.—For purposes of 

16 this section, a person shall be treated as having indirectly 

17 made a contribution, donation, expenditure, or disburse18 ment described in subparagraph (A), (B), (C), or (D) of 

19 subsection (a)(1) if such person has made a contribution 

20 or donation to a person with a designation, instruction, 

21 or encumbrance (whether direct or indirect, express or im22 plied, oral or written, or involving intermediaries or con23 duits) which results in any part of such contribution, do24 nation, expenditure, or disbursement being used for an acVerDate Sep 11 2014 19:33 Apr 29, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4145.IS S4145

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1 tivity described in subparagraph (A), (B), (C), or (D) of 

2 subsection (a)(1).’’. 

3 (e) ENFORCEMENT PROVISIONS.—Section 319 of the 

4 Federal Election Campaign Act of 1971 (52 U.S.C. 

5 30121), as amended by subsection (d), is amended by add6 ing at the end the following new subsection: 

7 ‘‘(d) ENFORCEMENT.— 

8 ‘‘(1) USE OF CERTIFICATION AS A DEFENSE.— 

9 ‘‘(A) IN GENERAL.—In the case of any al10 legation that a person has violated subsection 

11 (a), any person alleged in the complaint may, in 

12 connection with a response to such allegation 

13 under section 309(a)(1), submit, under penalty 

14 of perjury, a certification that no such violation 

15 has occurred. 

16 ‘‘(B) EFFECT OF SUBMISSION.—The Com17 mission shall take into consideration any certifi18 cation submitted under subparagraph (A) in 

19 making a determination under section 

20 309(a)(2) whether there is reason to believe 

21 such violation has occurred. 

22 ‘‘(2) LIMITATION ON INVESTIGATIONS.— 

23 ‘‘(A) IN GENERAL.—If the Commission 

24 makes a determination under section 309(a)(2) 

25 that there is reason to believe a violation of 


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1 subsection (a) has occurred or is about to 

2 occur, any investigation of such alleged viola3 tion shall be limited in scope to the factual mat4 ter necessary to determine whether such alleged 

5 violation occurred. 

6 ‘‘(B) PETITION TO QUASH SUBPOENA OR

7 ORDER ON BASIS NOT LIMITED IN SCOPE TO

8 NECESSARY FACTUAL MATTER.— 

9 ‘‘(i) IN GENERAL.—A person subject 

10 to an investigation by the Commission fol11 lowing a determination of the Commission 

12 that there is reason to believe a violation 

13 of subsection (a) has occurred or is about 

14 to occur may file a petition in any United 

15 States district court with jurisdiction to 

16 quash any subpoena or order of the Com17 mission issued under paragraph (3) or (4), 

18 respectively, of section 307(a) on the basis 

19 that the subpoena or order is not limited 

20 in scope to the factual matter necessary to 

21 determine whether such alleged violation 

22 occurred as required under subparagraph 

23 (A). 

24 ‘‘(ii) CLARIFICATION.—Nothing in 

25 clause (i) shall be construed to alter the 


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1 right of any person to otherwise challenge 

2 the power of the Commission to issue a 

3 subpoena under section 307(a)(3) or an 

4 order under section 307(a)(4).’’. 

5 (f) REPORTING.— 

6 (1) CONTRIBUTIONS AND EXPENDITURES OF

7 POLITICAL COMMITTEES AND POLITICAL PARTIES.— 

8 Section 304(b) of the Federal Election Campaign 

9 Act of 1971 (52 U.S.C. 30104(b)) is amended by 

10 striking ‘‘and’’ at the end of paragraph (7), by strik11 ing the period at the end of paragraph (8) and in12 serting ‘‘; and’’, and by adding at the end the fol13 lowing new paragraph: 

14 ‘‘(9) under penalty of perjury, a certification 

15 that the committee has complied with the require16 ments of section 319(a).’’. 

17 (2) INDEPENDENT EXPENDITURES.— 

18 (A) COMMITTEE REPORTS.—Section 

19 304(b)(6)(B)(iii) of the Federal Election Cam20 paign Act of 1971 (52 U.S.C. 

21 30104(b)(6)(B)(iii)) is amended— 

22 (i) by striking ‘‘and a certification’’ 

23 and inserting ‘‘a certification’’; and 

24 (ii) by inserting ‘‘, and a certification, 

25 under penalty of perjury that the indeVerDate Sep 11 2014 19:33 Apr 29, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4145.IS S4145

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1 pendent expenditure does not violate sec2 tion 319(a)’’ before the semicolon at the 

3 end. 

4 (B) OTHER PERSONS.—Section 304(c)(2) 

5 of the Federal Election Campaign Act of 1971 

6 (52 U.S.C. 30104(c)(2)) is amended by striking 

7 ‘‘and’’ at the end of subparagraph (B), by re8 designating subparagraph (C) as subparagraph 

9 (D), and by inserting after subparagraph (B) 

10 the following new subparagraph: 

11 ‘‘(C) under penalty of perjury, a certifi12 cation that the independent expenditure does 

13 not violate section 319(a); and’’. 

14 (3) ELECTIONEERING COMMUNICATIONS.—Sec15 tion 304(f)(2) of such Act (52 U.S.C. 30104(f)(2)) 

16 is amended by adding at the end the following new 

17 subparagraph: 

18 ‘‘(G) A certification, under penalty of per19 jury, that the disbursement does not violate sec20 tion 319(a).’’. 

21 SEC. 3. PROTECTING PRIVACY OF DONORS TO TAX-EXEMPT 

22 ORGANIZATIONS. 

23 (a) RESTRICTIONS ON COLLECTION OF DONOR IN24 FORMATION.— 


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1 (1) RESTRICTIONS.—An entity of the Federal 

2 Government may not collect or require the submis3 sion of information on the identification of any 

4 donor to a tax-exempt organization. 

5 (2) EXCEPTIONS.—Paragraph (1) does not 

6 apply to the following: 

7 (A) The Internal Revenue Service, acting 

8 lawfully pursuant to section 6033 of the Inter9 nal Revenue Code of 1986 or any successor pro10 vision. 

11 (B) The Secretary of the Senate and the 

12 Clerk of the House of Representatives, acting 

13 lawfully pursuant to section 3 of the Lobbying 

14 Disclosure Act of 1995 (2 U.S.C. 1604). 

15 (C) The Federal Election Commission, act16 ing lawfully pursuant to— 

17 (i) section 510 of title 36, United 

18 States Code; or 

19 (ii) any provision of title III of the 

20 Federal Election Campaign Act of 1971 

21 (52 U.S.C. 30101 et seq.). 

22 (D) An entity acting pursuant to a lawful 

23 order of a court or administrative body which 

24 has the authority under law to direct the entity 

25 to collect or require the submission of the inforVerDate Sep 11 2014 19:33 Apr 29, 2024 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4145.IS S4145

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1 mation, but only to the extent permitted by the 

2 lawful order of such court or administrative 

3 body. 

4 (b) RESTRICTIONS ON RELEASE OF DONOR INFOR5 MATION.— 

6 (1) RESTRICTIONS.—An entity of the Federal 

7 Government may not disclose to the public informa8 tion revealing the identification of any donor to a 

9 tax-exempt organization. 

10 (2) EXCEPTIONS.—Paragraph (1) does not 

11 apply to the following: 

12 (A) The Internal Revenue Service, acting 

13 lawfully pursuant to section 6104 of the Inter14 nal Revenue Code of 1986 or any successor pro15 vision. 

16 (B) The Secretary of the Senate and the 

17 Clerk of the House of Representatives, acting 

18 lawfully pursuant to section 3 of the Lobbying 

19 Disclosure Act of 1995 (2 U.S.C. 1604). 

20 (C) The Federal Election Commission, act21 ing lawfully pursuant to— 

22 (i) section 510 of title 36, United 

23 States Code; or 


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1 (ii) any provision of title III of the 

2 Federal Election Campaign Act of 1971 

3 (52 U.S.C. 30101 et seq.). 

4 (D) An entity acting pursuant to a lawful 

5 order of a court or administrative body which 

6 has the authority under law to direct the entity 

7 to disclose the information, but only to the ex8 tent permitted by the lawful order of such court 

9 or administrative body. 

10 (E) An entity which discloses the informa11 tion as authorized by the organization. 

12 (c) TAX-EXEMPT ORGANIZATION DEFINED.—In this 

13 section, a ‘‘tax-exempt organization’’ means an organiza14 tion which is described in section 501(c) of the Internal 

15 Revenue Code of 1986 and is exempt from taxation under 

16 section 501(a) of such Code. Nothing in this subsection 

17 may be construed to treat a political organization under 

18 section 527 of such Code as a tax-exempt organization for 

19 purposes of this section. 

20 (d) PENALTIES.—It shall be unlawful for any officer 

21 or employee of the United States, or any former officer 

22 or employee, willfully to disclose to any person, except as 

23 authorized in this section, any information revealing the 

24 identification of any donor to a tax-exempt organization. 

25 Any violation of this section shall be a felony punishable 


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1 upon conviction by a fine in any amount not exceeding 

2 $250,000, or imprisonment of not more than 5 years, or 

3 both, together with the costs of prosecution, and if such 

4 offense is committed by any officer or employee of the 

5 United States, he shall, in addition to any other punish6 ment, be dismissed from office or discharged from employ7 ment upon conviction for such offense. 

Æ 


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