[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8176 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 8176
To provide for disclosures of certain foreign contributions, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 30, 2024
Mr. Golden of Maine introduced the following bill; which was referred
to the Committee on House Administration, and in addition to the
Committees on Ways and Means, and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To provide for disclosures of certain foreign contributions, 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; TABLE OF CONTENTS.
(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:
Sec. 1. Short title; table of contents.
TITLE I--THINK TANK AND NONPROFIT FOREIGN INFLUENCE DISCLOSURE
Sec. 101. Short title.
Sec. 102. Annual disclosure of contributions from foreign governments
and political parties by certain tax-exempt
organizations.
TITLE II--CONGRESSIONAL AND EXECUTIVE FOREIGN LOBBYING BAN
Sec. 201. Short title.
Sec. 202. Prohibiting certain individuals from acting as agents of
foreign principals.
TITLE III--STOP FOREIGN DONATIONS AFFECTING OUR ELECTIONS
Sec. 301. Short title.
Sec. 302. Requiring disclosure of credit verification value as
condition of acceptance of online
contributions to Federal election.
Sec. 303. Prohibiting foreign agents from delivering contributions to
Federal candidates.
TITLE I--THINK TANK AND NONPROFIT FOREIGN INFLUENCE DISCLOSURE
SEC. 101. SHORT TITLE.
This title may be cited as the ``Think Tank and Nonprofit Foreign
Influence Disclosure Act''.
SEC. 102. ANNUAL DISCLOSURE OF CONTRIBUTIONS FROM FOREIGN GOVERNMENTS
AND POLITICAL PARTIES BY CERTAIN TAX-EXEMPT
ORGANIZATIONS.
(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.
TITLE II--CONGRESSIONAL AND EXECUTIVE FOREIGN LOBBYING BAN
SEC. 201. SHORT TITLE.
This title may be cited as the ``Congressional and Executive
Foreign Lobbying Ban Act''.
SEC. 202. PROHIBITING CERTAIN INDIVIDUALS FROM ACTING AS AGENTS OF
FOREIGN PRINCIPALS.
(a) Former Members of Congress; General or Flag Officers of Armed
Forces.--
(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:
``SEC. 12. PROHIBITING REGISTRATION OF CERTAIN INDIVIDUALS.
``(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.
TITLE III--STOP FOREIGN DONATIONS AFFECTING OUR ELECTIONS
SEC. 301. SHORT TITLE.
This title may be cited as the ``Stop Foreign Donations Affecting
Our Elections Act''.
SEC. 302. REQUIRING DISCLOSURE OF CREDIT VERIFICATION VALUE AS
CONDITION OF ACCEPTANCE OF ONLINE CONTRIBUTIONS TO
FEDERAL ELECTION.
(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:
``(j)(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
``(B)(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.
SEC. 303. PROHIBITING FOREIGN AGENTS FROM DELIVERING CONTRIBUTIONS TO
FEDERAL CANDIDATES.
(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:
``(k) Prohibiting Delivery of Contributions by Foreign Agents.--
``(1) Prohibition.--
``(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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