I 

118TH CONGRESS 

2D SESSION H. R. 8399 

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 

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) PROHIBITION ON AIDING OR FACILITATING VIO24 LATIONS.—Section 319(a) of the Federal Election CamVerDate Sep 11 2014 18:37 Jun 17, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8399.IH H8399

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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 (c) 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 18:37 Jun 17, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8399.IH H8399

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

2 subsection (a)(1).’’. 

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

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

5 30121), as amended by subsection (c), 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 (e) 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— 

10 (A) by striking ‘‘and’’ at the end of para11 graph (7); 

12 (B) by striking the period at the end of 

13 paragraph (8) and inserting ‘‘; and’’; and 

14 (C) by adding at the end the following new 

15 paragraph: 

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

17 that the committee has complied with the require18 ments of section 319(a).’’. 

19 (2) INDEPENDENT EXPENDITURES.— 

20 (A) COMMITTEE REPORTS.—Section 

21 304(b)(6)(B)(iii) of such Act (52 U.S.C. 

22 30104(b)(6)(B)(iii)) is amended— 

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

24 and inserting ‘‘a certification’’; and 


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

2 under penalty of perjury that the inde3 pendent expenditure does not violate sec4 tion 319(a)’’ before the semicolon at the 

5 end. 

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

7 of such Act (52 U.S.C. 30104(c)(2)) is amend8 ed— 

9 (i) by striking ‘‘and’’ at the end of 

10 subparagraph (B); 

11 (ii) by redesignating subparagraph 

12 (C) as subparagraph (D); and 

13 (iii) by inserting after subparagraph 

14 (B) the following new subparagraph: 

15 ‘‘(C) under penalty of perjury, a certifi16 cation that the independent expenditure does 

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

18 (3) ELECTIONEERING COMMUNICATIONS.—Sec19 tion 304(f)(2) of such Act (52 U.S.C. 30104(f)(2)) 

20 is amended by adding at the end the following new 

21 subparagraph: 

22 ‘‘(G) A certification, under penalty of per23 jury, that the disbursement does not violate sec24 tion 319(a).’’. 


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

2 ORGANIZATIONS. 

3 (a) RESTRICTIONS ON COLLECTION OF DONOR IN4 FORMATION.— 

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

6 Government may not collect or require the submis7 sion of information on the identification of any 

8 donor to a tax-exempt organization. 

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

10 apply to the following: 

11 (A) The Internal Revenue Service, acting 

12 lawfully pursuant to section 6033 of the Inter13 nal Revenue Code of 1986 or any successor pro14 vision. 

15 (B) The Secretary of the Senate and the 

16 Clerk of the House of Representatives, acting 

17 lawfully pursuant to section 3 of the Lobbying 

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

19 (C) The Federal Election Commission, act20 ing lawfully pursuant to— 

21 (i) section 510 of title 36, United 

22 States Code; or 

23 (ii) any provision of title III of the 

24 Federal Election Campaign Act of 1971 

25 (52 U.S.C. 30101 et seq.). 


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1 (D) An entity acting pursuant to a lawful 

2 order of a court or administrative body which 

3 has the authority under law to direct the entity 

4 to collect or require the submission of the infor5 mation, but only to the extent permitted by the 

6 lawful order of such court or administrative 

7 body. 

8 (b) RESTRICTIONS ON RELEASE OF DONOR INFOR9 MATION.— 

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

11 Government may not disclose to the public informa12 tion revealing the identification of any donor to a 

13 tax-exempt organization. 

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

15 apply to the following: 

16 (A) The Internal Revenue Service, acting 

17 lawfully pursuant to section 6104 of the Inter18 nal Revenue Code of 1986 or any successor pro19 vision. 

20 (B) The Secretary of the Senate and the 

21 Clerk of the House of Representatives, acting 

22 lawfully pursuant to section 3 of the Lobbying 

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

24 (C) The Federal Election Commission, act25 ing lawfully pursuant to— 


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1 (i) section 510 of title 36, United 

2 States Code; or 

3 (ii) any provision of title III of the 

4 Federal Election Campaign Act of 1971 

5 (52 U.S.C. 30101 et seq.). 

6 (D) An entity acting pursuant to a lawful 

7 order of a court or administrative body which 

8 has the authority under law to direct the entity 

9 to disclose the information, but only to the ex10 tent permitted by the lawful order of such court 

11 or administrative body. 

12 (E) An entity which discloses the informa13 tion as authorized by the organization. 

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

15 section, a ‘‘tax-exempt organization’’ means an organiza16 tion which is described in section 501(c) of the Internal 

17 Revenue Code of 1986 and is exempt from taxation under 

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

19 may be construed to treat a political organization under 

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

21 purposes of this section. 

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

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

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

25 authorized in this section, any information revealing the 


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

2 Any violation of this section shall be a felony punishable 

3 upon conviction by a fine in any amount not exceeding 

4 $250,000, or imprisonment of not more than 5 years, or 

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

6 offense is committed by any officer or employee of the 

7 United States, he shall, in addition to any other punish8 ment, be dismissed from office or discharged from employ9 ment upon conviction for such offense. 

Æ 


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