Preventing Foreign Interference in American Elections Act

This Act may be cited as the Preventing Foreign Interference in American Elections Act.
Section 319(a)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended—
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—
voter registration activity;
ballot collection;
voter identification;
get-out-the-vote activity;
any public communication that refers to a clearly identified Federal, State, or local political party; or
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:
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.
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.
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).
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).
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—
by striking and a certification and 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).
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.
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—
section 510 of title 36, United States Code; or
any provision of title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
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.
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—
section 510 of title 36, United States Code; or
any provision of title III of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.).
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.
An entity which discloses the information as authorized by the organization.
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 section may be construed to treat a political organization under section 527 of such Code as a tax-exempt organization for purposes of this section.
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.
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.
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.