,,ii #aaeth ,,congress #b;d ,session ,s4 #biff ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bd1 #bjah ,mr4 ,whitehouse 7for himself1 ,mr4 ,durbin1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to amend the ,federal ,election ,campaign ,act of #aiga to require donor disclosure for certain organizations accepting donations from foreign nationals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,stop ,secret ,foreign ,interference in ,elections ,act4 #b4 ,donor disclosure for certain organizations accepting donations from foreign nationals 7a7 ,in general ,section #cbd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabf7 is amended to read as follows3 #cbd4 ,donor disclosure for certain organizations accepting donations from foreign nationals 7a7 ,definitions ,in this section3 7#a7 ,campaign-related disbursement 7,a7 ,in general ,the term campaign-related disbursement means a disbursement by a covered #eja7;c7 organization for any of the following3 7i7 ,an independent expenditure consisting of a public communication4 7ii7 ,an electioneering communication1 as defined in section #cjd7;f77#c74 7iii7 ,a covered transfer4 7,b7 ,intent not required ,a disbursement for an item described in clause 7i71 7ii71 or 7iii7 of subparagraph 7,a7 shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement4 7#b7 ,covered #eja7;c7 organization ,the term covered #eja7;c7 organization means any organization that-- 7,a7 is described in section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code 7other than an organization described in section #eja7;c77#c7 of such ,code72 and 7,b7 has received contributions or donations in excess of #b1jjj during the election reporting cycle from a foreign national4 7#c7 ,covered transfer ,the term covered transfer means a transfer described in subsection 7e74 7#d7 ,disclosure date ,the term disclosure date means-- 7,a7 the first date during any election reporting cycle by which a person-- 7i7 has received contributions or donations in excess of #b1jjj from a foreign national2 and 7ii7 has made campaign-related disbursements aggregating more than #aj1jjj2 and 7,b7 any other date during such election reporting cycle by which a covered #eja7;c7 organization has made campaign-related disbursements aggregating more than #aj1jjj since the most recent disclosure date for such election reporting cycle4 7#e7 ,election reporting cycle ,the term election reporting cycle means the #b-year period beginning on the date of the most recent general election for ,federal office4 7#f7 ,foreign national ,the term foreign national has the meaning given such term under section #cai4 7#g7 ,payment ,the term payment includes any contribution1 donation1 transfer1 payment of dues1 or other payment4 7b7 ,disclosure statement 7#a7 ,in general ,any covered #eja7;c7 organization that makes campaign-related disbursements aggregating more than #aj1jjj in an election reporting cycle shall1 not later than #bd hours after each disclosure date1 file a statement with the ,commission made under penalty of perjury that contains the information described in paragraph 7#b7-- 7,a7 in the case of the first statement filed under this subsection1 for the period beginning on the first day of the election reporting cycle and ending on the first such disclosure date2 and 7,b7 in the case of any subsequent statement filed under this subsection1 for the period beginning on the previous disclosure date and ending on such disclosure date4 7#b7 ,information described ,the information described in this paragraph is as follows3 7,a7 ,the name of the covered #eja7;c7 organization4 7,b7 ,the amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than #a1jjj1 and the name and address of the person to whom the disbursement was made4 7,c7 ,in the case of a campaign-related disbursement that is not a covered transfer1 the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication1 the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate4 7,d7 ,for each payment to the covered #eja7;c7 organization by a foreign national-- 7i7 the name and address of the foreign national who made such payment during the period covered by the statement2 7ii7 the date and amount of such payment2 and 7iii7 the aggregate amount of all such payments made by the foreign national during the period beginning on the first day of the election reporting cycle and ending on the disclosure date1 but only if such payment was made by a foreign national who made payments to the covered #eja7;c7 organization in an aggregate amount of #b1jjj or more during the period beginning on the first day of the election reporting cycle and ending on the disclosure date4 7,e7 ,such other information as required in rules established by the ,commission to promote the purposes of this section4 7#c7 ,exceptions for amounts received from affiliates ,the requirement to include in a statement submitted under paragraph 7#a7 the information described in subparagraph 7,d7 of paragraph 7#b7 shall not apply to any amount which is described in subsection 7e77#b77;,a77i74 7c7 ,coordination with other reports filed with the ,commission ,information included in a statement filed under this section may be excluded from statements and reports filed under section #cjd4 7d7 ,filing ,statements required to be filed under subsection 7a7 shall be subject to the requirements of section #cjd7;d7 to the same extent and in the same manner as if such reports had been required under subsection 7c7 or 7g7 of section #cjd4 7e7 ,covered transfer defined 7#a7 ,in general ,in this section1 the term covered transfer means any transfer or payment of funds by a covered #eja7;c7 organization to another person if the covered #eja7;c7 organization-- 7,a7 designates1 requests1 or suggests that the amounts be used for-- 7i7 campaign-related disbursements 7other than covered transfers72 or 7ii7 making a transfer to another person for the purpose of making or paying for such campaign-related disbursements2 7,b7 made such transfer or payment in response to a solicitation or other request for a donation or payment for-- 7i7 the making of or paying for campaign-related disbursements 7other than covered transfers72 or 7ii7 making a transfer to another person for the purpose of making or paying for such campaign-related disbursements2 7,c7 engaged in discussions with the recipient of the transfer or payment regarding-- 7i7 the making of or paying for campaign-related disbursements 7other than covered transfers72 or 7ii7 donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements2 7,d7 made campaign-related disbursements 7other than a covered transfer7 in an aggregate amount of #ej1jjj or more during the #b-year period ending on the date of the transfer or payment1 or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that #b-year period2 or 7,e7 knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of #ej1jjj or more during the #b-year period beginning on the date of the transfer or payment4 7#b7 ,exception for certain transfers among affiliates 7,a7 ,exception for certain transfers among affiliates 7i7 ,in general ,the term covered transfer does not include an amount transferred by one covered #eja7;c7 organization to another covered #eja7;c7 organization if such transfer is treated as a transfer between affiliates under subparagraph 7,b74 7ii7 ,special rule ,if the aggregate amount of transfers described in clause 7i7 exceeds #ej1jjj in any election reporting cycle-- 7,i7 the covered #eja7;c7 organization which makes such transfers shall provide to the covered #eja7;c7 organization receiving such transfers the information required under subsection 7b77#b77;,d7 7applied by substituting the period beginning on the first day of the election reporting cycle and ending on the date of the most recent transfer described in subsection 7e77#b77;,a77i7 for the period covered by the statement in clause 7i7 thereof72 and 7,,ii7 the covered #eja7;c7 organization receiving such transfers shall report the information described in subclause 7,i7 on any statement filed under subsection 7a77#a7 as if any contribution1 donation1 or transfer to which such information relates was made directly to the covered #eja7;c7 organization receiving the transfer4 7,b7 ,description of transfers between affiliates ,a transfer of amounts from one covered #eja7;c7 organization to another covered #eja7;c7 organization shall be treated as a transfer between affiliates if-- 7i7 one of the organizations is an affiliate of the other organization2 or 7ii7 each of the organizations is an affiliate of the same organization1 except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements4 7,c7 ,determination of affiliate status ,for purposes of this paragraph1 the following organizations shall be considered to be affiliated with each other3 7i7 ,a membership organization1 including a trade or professional association1 and the related ,state and local entities of that organization4 7ii7 ,a national or international labor organization and its ,state or local unions1 or an organization of national or international unions and its ,state and local entities4 7,d7 ,coverage of transfers to affiliated section #eja7;c77#c7 organizations ,this paragraph shall apply with respect to an amount transferred by a covered #eja7;c7 organization to an organization described in paragraph 7#c7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code in the same manner as this paragraph applies to an amount transferred by a covered #eja7;c7 organization to another covered #eja7;c7 organization4 4 7b7 ,conforming amendment ,section #cjd7;f77#f7 of such ,act 7#eb ,u4,s4,c4 #cjajd7 is amended by striking ,any requirement and inserting ,except as provided in section #cbd7;c71 any requirement4 7c7 ,coordination with ,fin,c,e,n 7#a7 ,in general ,the ,director of the ,financial ,crimes ,enforcement ,network of the ,department of the ,treasury shall provide the ,federal ,election ,commission with such information as necessary to assist in administering and enforcing section #cbd of the ,federal ,election ,campaign ,act of #aiga1 as added by this subsection4 7#b7 ,report ,not later than #f months after the date of the enactment of this ,act1 the ,chairman of the ,federal ,election ,commission1 in consultation with the ,director of the ,financial ,crimes ,enforcement ,network of the ,department of the ,treasury1 shall submit to ,congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section #cbd4 7d7 ,effective date ,the amendments made by this section shall apply with respect to disbursements made on or after ,january #a1 #bjai1 and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 #c4 ,due diligence requirements 7a7 ,certification 7#a7 ,in general ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by adding at the end the following new section3 #cbe4 ,certifications 7a7 ,requirement ,to file certification 7#a7 ,in general ,each covered organization that makes a report under section #cjd with respect to an independent expenditure or a disbursement for the direct costs of producing an electioneering communication shall include with such report a certification described in subsection 7b74 7#b7 ,covered #eja7;c7 organizations ,each covered #eja7;c7 organization 7within the meaning of section #cbd7 that makes a report under section #cbd with respect to a campaign-related disbursement shall include with such report a certification described in subsection 7b74 7b7 ,certification 7#a7 ,in general ,a certification is described in this subsection if the certification is made by the principal executive officer or officers and the principal financial officer or officers of such covered organization1 or persons performing similar functions1 stating that-- 7,a7 the signing officer has reviewed the report2 7,b7 the organization has met the due diligence requirements under paragraph 7#b72 and 7,c7 based on the officer's knowledge1 none of the funds used to make any expenditure or disbursement described in the report or statement were provided by a foreign national 7as defined in section #cai74 7#b7 ,due diligence requirement 7,a7 ,in general ,the due diligence requirement under this paragraph shall be met if the organization affirmatively verifies that each contribution or donation received by the organization during the #b-year period ending on the date of the expenditure or disbursement described in subsection 7a7 was not a contribution or donation that was made1 directly or indirectly1 by a foreign national 7within the meaning of section #cai74 7,b7 ,use of segregated account ,in the case of an organization with a separate segregated account from which the expenditure or disbursement described in subsection 7a7 was made1 subparagraph 7,a7 shall be applied only with respect to contributions and donations made to such account4 7c7 ,covered organization defined ,in this subsection1 the term covered organization means any of the following3 7#a7 ,a corporation 7other than an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf74 7#b7 ,a limited liability corporation that is not otherwise treated as a corporation for purposes of this ,act 7other than an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf74 7#c7 ,an organization described in section #eja7;c7 of such ,code and exempt from taxation under section #eja7;a7 of such ,code 7other than an organization described in section #eja7;c77#c7 of such ,code74 7#d7 ,a labor organization 7as defined in section #caf7;b774 7#e7 ,any political organization under section #ebg of the ,internal ,revenue ,code of #aihf1 other than a political committee under this ,act 7except as provided in paragraph 7#f774 7#f7 ,a political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this ,act1 but only with respect to such accounts4 4 7#b7 ,effective date ,the amendment made by subsection 7a7 shall apply to reports required to be filed after the date of the enactment of this ,act4 7b7 ,reporting of suspicious donations 7#a7 ,covered #eja7;c7 organizations 7,a7 ,in general ,section #eja of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following new subsection3 7s7 ,requirement ,to report certain contributions 7#a7 ,in general ,no organization described in subsection 7c7 7other than an organization described in paragraph 7#c7 thereof7 shall be exempt from tax under subsection 7a7 unless such organization reports any disqualified foreign contribution1 not later than #ae days after receiving such contribution1 to the entities listed in paragraph 7#c74 7#b7 ,disqualified foreign contribution ,for purposes of this subsection1 the term disqualified foreign contribution means any donation or contribution received from foreign national 7within the meaning of section #cai of the ,federal ,election ,campaign ,act of #aiga7 and which is made or received for a purpose described in section #cai7;a7 of such ,act4 7#c7 ,entities ,the entities described in this paragraph are the following3 7,a7 ,the ,internal ,revenue ,service4 7,b7 ,the ,federal ,election ,commission4 7,c7 ,the ,financial ,crimes ,enforcement ,network of the ,department of ,treasury4 7,d7 ,the ,department of ,justice4 4 7,b7 ,effective date ,the amendment made by this paragraph shall apply to contributions made after the date of the enactment of this ,act4 7#b7 ,corporate entities 7,a7 ,in general ,each corporation and each limited liability corporation that is not otherwise treated as a corporation under the ,federal ,election ,campaign ,act of #aiga shall report any disqualified foreign contribution 7as defined in section #eja7s7 of the ,internal ,revenue ,code of #aihf71 not later than #ae days after receiving such contribution1 to the following entities3 7i7 ,the ,federal ,election ,commission4 7ii7 ,the ,financial ,crimes ,enforcement ,network of the ,department of ,treasury4 7iii7 ,the ,department of ,justice4 7,b7 ,exception ,subparagraph 7,a7 shall not apply to any entity that is an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf4 7,c7 ,criminal penalty ,any person who fails to make a report under subparagraph 7,a7 shall be guilty of a misdemeanor and1 upon conviction thereof1 shall be fined not more than #ajj1jjj1 or imprisoned not more than #a year1 or both1 together with the costs of prosecution4