S3129-119

1. Short title This Act may be cited as the Preventing Foreign Interference in American Elections Act.

2. Modifications to foreign money ban 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(b) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(b)) is amended— by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and by moving such subparagraphs 2 ems to the right; by striking as used in this section, the term and inserting the following: For purposes of this section— The term by adding at the end the following new paragraph: The term Federal, State, or local election includes a State or local ballot initiative, referendum, or recall election. 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. Section 319(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30121(a)), as amended by subsection (a), is amended— by striking or at the end of paragraph (1)(D); by striking the period at the end of paragraph (2) 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 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). 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: 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 the Federal Election Campaign Act of 1971 (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 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: 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). (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 . (b) Definitions For purposes of this section— (1) Foreign national The term ; and (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. . (3) a person to knowingly aid or facilitate a violation of paragraph (1) or (2). . (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). . (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). . (9) under penalty of perjury, a certification that the committee has complied with the requirements of section 319(a). . (C) under penalty of perjury, a certification that the independent expenditure does not violate section 319(a); and . (G) A certification, under penalty of perjury, that the disbursement does not violate section 319(a). .