Fighting Foreign Influence Act
H.R. 8176118th Congress

Fighting Foreign Influence Act

Introduced in the HouseRep. Jared Golden (D-ME-2)53 sections · 5 min read
Version: Introduced in House · Apr 30, 2024

(a) Short title

This Act may be cited as the Fighting Foreign Influence Act.

(b) Table of contents

The table of contents for this Act is as follows:

Section 101. Short title

This title may be cited as the Think Tank and Nonprofit Foreign Influence Disclosure Act.

(a) Reporting requirement

Section 6033(b) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (15), by redesignating paragraph (16) as paragraph (17) and by inserting after paragraph (15) the following new paragraph:

(16) with respect to each government of a foreign country (within the meaning of section 1(e) of the Foreign Agents Registration Act of 1938 (22 U.S.C. 611(e))) and each foreign political party (within the meaning of section 1(f) of such Act (22 U.S.C. 611(f)) which made aggregate contributions and gifts to the organization during the year in excess of $50,000, the name of such government or political party and such aggregate amount, and

(b) Public disclosure

Section 6104 of such Code is amended by adding at the end the following new subsection:

(e) Public disclosure of certain information

The Secretary shall make publicly available in a searchable database the following information:

(1) The information furnished under section 6033(b)(16) of the Internal Revenue Code of 1986.

(2) The name of the organization furnishing the information described in paragraph (1).

(3) The aggregate amount reported under paragraph (1) as having been received as contributions or gifts in each year from each government of a foreign country and each foreign political party.

(c) Effective date

The amendments made by this section shall apply to returns filed for taxable years beginning after the date of the enactment of this Act.

Section 201. Short title

This title may be cited as the Congressional and Executive Foreign Lobbying Ban Act.

(1) Prohibiting registration as agent

The Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.) is amended—

(A) by redesignating sections 12 through 14 as sections 13 through 15; and

(B) by inserting after section 11 the following new section:

(a) Prohibition

No individual may register under this Act or otherwise serve as the agent of a foreign principal if the individual at any time served as a Member of Congress, as a senior political appointee, or as a general or flag officer of the Armed Forces.

(b) Definitions

In this section—

(1) the term Member of Congress means a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress; and

(2) the term senior political appointee —

(A) means—

(i) any individual occupying a full-time senior position and who is appointed by the President or the Vice President;

(ii) any noncareer appointee in the Senior Executive Service (or other SES-type system); and

(iii) any appointee to a position, at or above the level of a noncareer member of the Senior Executive Service, that has been excepted from the competitive service by reason of being of a confidential or policymaking character (schedule C and other positions excepted under comparable criteria) in an executive agency; and

(B) does not include any individual appointed as a member of the Senior Foreign Service or, except for a general or flag officer of the Armed Forces, solely as a uniformed service commissioned officer.

(2) Other representation of foreign entities

Section 207(f)(1) of title 18, United States Code, is amended by inserting after within 1 year the following: (or, in the case of a person who is subject to any of such restrictions and who is a Member of Congress, a senior political appointee (as that term is defined in section 12 of the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.)), or a general or flag officer of the Armed Forces, at any time).

(b) Effective date

The amendments made by subsection (a) shall apply with respect to any individual whose service as a Member of Congress or as a general or flag officer of the Armed Forces terminates on or after the date of the enactment of this Act.

Section 301. Short title

This title may be cited as the Stop Foreign Donations Affecting Our Elections Act.

(a) In general

Section 302 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30102) is amended by adding at the end the following:

(1) No political committee shall accept any internet credit card contribution unless—

(A) the individual or entity making such contribution is required, at the time such individual makes such contribution, to disclose the credit verification value of such credit card; and

(i) the billing address associated with such credit card is located in the United States; or

(ii) in the case of a contribution made by an individual who is a United States national or lawful permanent resident living outside of the United States, the individual provides the committee with—

(I) the United States mailing address the individual uses for voter registration purposes;

(II) a copy of the individual’s United States passport;

(III) a copy of the individual’s permanent resident card; or

(IV) a copy of a comparable acceptable identification document, or the unique identifying number from such a document, for the individual.

(2) Notwithstanding subsection (b) or (c), in the case of an internet credit card contribution—

(A) no later than 10 days after receiving the contribution, the person who receives the contribution shall forward to the treasurer such contribution, the name and address of the person making the contribution, and the date of receipt; and

(B) the treasurer of a political committee shall keep an account of the name and address of any person making any such contribution, together with the date and amount of such contribution by any person.

(3) In this subsection, the term internet credit card contribution means a contribution that—

(A) is made using a credit card; and

(B) is received through an internet website.

(b) Effective Date

The amendment made by subsection (a) shall apply with respect to contributions made after the expiration of the 180-day period which begins on the date of the enactment of this Act.

(a) Prohibition

Section 315 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30116) is amended by adding at the end the following new subsection:

(A) In general

An individual described in subparagraph (B) may not deliver a contribution to a candidate or an authorized committee of a candidate which is made by another person.

(B) Individuals described

An individual described in this subparagraph is any of the following:

(i) An individual who is required under the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), to register as the agent of a foreign principal described in section 1(b)(1) of such Act (22 U.S.C. 611(b)(1)).

(ii) An individual who is required under such Act to register as the agent of a foreign principal described in section 1(b)(2) or 1(b)(3) of such Act (22 U.S.C. 611(b)(2) or (b)(3)), but only if the beneficial owner of such foreign principal is a foreign principal described in section 1(b)(1) of such Act (22 U.S.C. 611(b)(1)), as determined in accordance with section 5336(a)(3) of title 31, United States Code.

(iii) An individual who would be required to register under such Act as the agent of a foreign principal described in clause (ii) but for the exemption under section 3(h) of such Act (22 U.S.C. 613(h)).

(C) Treatment of contributions credited to foreign agents

If a contribution made to a candidate or an authorized committee of a candidate is credited to an individual described in subparagraph (B) by the committee or candidate involved through records, designations, or other means of recognizing that a certain amount of money has been raised by the individual, the individual shall be deemed to have delivered the contribution to the candidate or committee for purposes of this subsection.

(2) Rule of construction

Nothing in this subsection may be construed to prohibit any individual from making a contribution to a candidate for election for Federal office or from encouraging any other person to make a contribution to or otherwise support or oppose a candidate for election for Federal office.

(3) Definitions

In this subsection, the term deliver means to transport, carry, transfer, or otherwise transmit, either physically or electronically.

(b) Effective date

The amendment made by subsection (a) shall apply with respect to contributions made on or after the date of the enactment of this Act.

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