HR-8399 : Still Just a Bill

The "Preventing Foreign Interference in American Elections Act" (H.R. 8399) amends the Federal Election Campaign Act of 1971 to further restrict foreign influence in U.S. elections. Key provisions include:

• Expanded Restrictions on Foreign Donations: Prohibits foreign nationals from donating to voter registration, ballot collection, voter identification, get-out-the-vote activities, public communications referencing political parties, and election administration at all levels.
• Prohibition on Aiding or Facilitating Violations: Makes it illegal for anyone to knowingly help foreign nationals violate campaign finance laws.
• Indirect Contributions: Treats contributions with specific instructions that result in foreign money being used for prohibited activities as violations.
• Enforcement Provisions: Allows individuals accused of violations to submit certifications of non-violation under penalty of perjury and limits the scope of investigations.
• Reporting Requirements: Mandates political committees, parties, and those making independent expenditures or electioneering communications to certify under penalty of perjury that they have complied with the foreign money ban.
• Protects Privacy of Donors to Tax-Exempt Organizations: Restricts federal entities from collecting or releasing information identifying donors to tax-exempt organizations, with specific exceptions for the IRS, the Secretary of the Senate, the Clerk of the House, the FEC, and court orders. Penalties include fines and imprisonment for unlawful disclosure of donor information.

The modifications to the foreign money ban apply to donations made on or after the enactment date, with reporting requirements for reports filed after the enactment date. The donor privacy protections apply to donations made on or after the enactment date.