S. 3129

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3129 Introduced in Senate (IS)]

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119th CONGRESS
1st Session
S. 3129

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

November 6, 2025

Mr. Hagerty (for himself, Mrs. Blackburn, Mr. Budd, Mr. Cruz, Mr. 
Kennedy, Mr. Lee, Ms. Lummis, and Mr. Marshall) 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.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Preventing Foreign Interference in 
American Elections Act''.

SEC. 2. MODIFICATIONS TO FOREIGN MONEY BAN.

(a) Additional Restrictions.--
(1) In general.--Section 319(a)(1) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)) is amended--
(A) by striking ``or'' at the end of subparagraph 
(B); and
(B) by adding at the end the following new 
subparagraph:
``(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''.
(2) Conforming amendment.--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)''.
(b) Application to State and Local Ballot Initiatives, Referenda, 
and Recall Elections.--Section 319(b) of the Federal Election Campaign 
Act of 1971 (52 U.S.C. 30121(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and by moving such 
subparagraphs 2 ems to the right;
(2) by striking ``as used in this section, the term'' and 
inserting the following:
``(b) Definitions.--For purposes of this section--
``(1) Foreign national.--The term''; and
(3) by adding at the end the following new paragraph:
``(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.''.
(c) Prohibition on Aiding or Facilitating Violations.--Section 
319(a) of the Federal Election Campaign Act of 1971 (52 U.S.C. 
30121(a)), as amended by subsection (a), is amended--
(1) by striking ``or'' at the end of paragraph (1)(D);
(2) by striking the period at the end of paragraph (2) and 
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) a person to knowingly aid or facilitate a violation 
of paragraph (1) or (2).''.
(d) Indirect Contributions.--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:
``(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).''.
(e) Enforcement Provisions.--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:
``(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).''.
(f) Reporting.--
(1) Contributions and expenditures of political committees 
and political parties.--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:
``(9) under penalty of perjury, a certification that the 
committee has complied with the requirements of section 
319(a).''.
(2) Independent expenditures.--
(A) Committee reports.--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--
(i) by striking ``and a certification'' and 
inserting ``a certification''; and
(ii) 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.
(B) Other persons.--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:
``(C) under penalty of perjury, a certification 
that the independent expenditure does not violate 
section 319(a); and''.
(3) Electioneering communications.--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:
``(G) A certification, under penalty of perjury, 
that the disbursement does not violate section 
319(a).''.

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

(a) Restrictions on Collection of Donor Information.--
(1) Restrictions.--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.
(2) Exceptions.--Paragraph (1) does not apply to the 
following:
(A) The Internal Revenue Service, acting lawfully 
pursuant to section 6033 of the Internal Revenue Code 
of 1986 or any successor provision.
(B) 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).
(C) The Federal Election Commission, acting 
lawfully pursuant to--
(i) section 510 of title 36, United States 
Code; or
(ii) any provision of title III of the 
Federal Election Campaign Act of 1971 (52 
U.S.C. 30101 et seq.).
(D) 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.
(b) Restrictions on Release of Donor Information.--
(1) Restrictions.--An entity of the Federal Government may 
not disclose to the public information revealing the 
identification of any donor to a tax-exempt organization.
(2) Exceptions.--Paragraph (1) does not apply to the 
following:
(A) The Internal Revenue Service, acting lawfully 
pursuant to section 6104 of the Internal Revenue Code 
of 1986 or any successor provision.
(B) 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).
(C) The Federal Election Commission, acting 
lawfully pursuant to--
(i) section 510 of title 36, United States 
Code; or
(ii) any provision of title III of the 
Federal Election Campaign Act of 1971 (52 
U.S.C. 30101 et seq.).
(D) 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.
(E) An entity which discloses the information as 
authorized by the organization.
(c) Tax-Exempt Organization Defined.--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 subsection 
may be construed to treat a political organization under section 527 of 
such Code as a tax-exempt organization for purposes of this section.
(d) Penalties.--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.
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