Sec. 2. Donor disclosure for certain organizations accepting donations from foreign nationals
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Section 324 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30126 ) is amended to read as follows: In this section: The term campaign-related disbursement means a disbursement by a covered 501(c) organization for any of the following: An independent expenditure consisting of a public communication. An electioneering communication, as defined in section 304(f)(3). A covered transfer. A disbursement for an item described in clause (i), (ii), or
(iii)of subparagraph
(A)shall be treated as a campaign-related disbursement regardless of the intent of the person making the disbursement. 501(c) organization The term covered 501(c) organization means any organization that— is described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code (other than an organization described in section 501(c)(3) of such Code); and has received contributions or donations in excess of $2,000 during the election reporting cycle from a foreign national. The term covered transfer means a transfer described in subsection (e). The term disclosure date means— the first date during any election reporting cycle by which a person— has received contributions or donations in excess of $2,000 from a foreign national; and has made campaign-related disbursements aggregating more than $10,000; and any other date during such election reporting cycle by which a covered 501(c) organization has made campaign-related disbursements aggregating more than $10,000 since the most recent disclosure date for such election reporting cycle. The term election reporting cycle means the 2-year period beginning on the date of the most recent general election for Federal office. The term foreign national has the meaning given such term under section 319. The term payment includes any contribution, donation, transfer, payment of dues, or other payment. Any covered 501(c) organization that makes campaign-related disbursements aggregating more than $10,000 in an election reporting cycle shall, not later than 24 hours after each disclosure date, file a statement with the Commission made under penalty of perjury that contains the information described in paragraph (2)— in the case of the first statement filed under this subsection, for the period beginning on the first day of the election reporting cycle and ending on the first such disclosure date; and in the case of any subsequent statement filed under this subsection, for the period beginning on the previous disclosure date and ending on such disclosure date. The information described in this paragraph is as follows: The name of the covered 501(c) organization. The amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than $1,000, and the name and address of the person to whom the disbursement was made. In the case of a campaign-related disbursement that is not a covered transfer, the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication, the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate. For each payment to the covered 501(c) organization by a foreign national— the name and address of the foreign national who made such payment during the period covered by the statement; the date and amount of such payment; and 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 date, but only if such payment was made by a foreign national who made payments to the covered 501(c) organization in an aggregate amount of $2,000 or more during the period beginning on the first day of the election reporting cycle and ending on the disclosure date. Such other information as required in rules established by the Commission to promote the purposes of this section. The requirement to include in a statement submitted under paragraph
(1)the information described in subparagraph
(D)of paragraph
(2)shall not apply to any amount which is described in subsection (e)(2)(A)(i). Information included in a statement filed under this section may be excluded from statements and reports filed under section 304. Statements required to be filed under subsection
(a)shall be subject to the requirements of section 304(d) to the same extent and in the same manner as if such reports had been required under subsection
(c)or
(g)of section 304. In this section, the term covered transfer means any transfer or payment of funds by a covered 501(c) organization to another person if the covered 501(c) organization— designates, requests, or suggests that the amounts be used for— campaign-related disbursements (other than covered transfers); or making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; made such transfer or payment in response to a solicitation or other request for a donation or payment for— the making of or paying for campaign-related disbursements (other than covered transfers); or making a transfer to another person for the purpose of making or paying for such campaign-related disbursements; engaged in discussions with the recipient of the transfer or payment regarding— the making of or paying for campaign-related disbursements (other than covered transfers); or donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements; made campaign-related disbursements (other than a covered transfer) in an aggregate amount of $50,000 or more during the 2-year period ending on the date of the transfer or payment, 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 2-year period; or knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of $50,000 or more during the 2-year period beginning on the date of the transfer or payment. The term covered transfer does not include an amount transferred by one covered 501(c) organization to another covered 501(c) organization if such transfer is treated as a transfer between affiliates under subparagraph (B). If the aggregate amount of transfers described in clause
(i)exceeds $50,000 in any election reporting cycle— the covered 501(c) organization which makes such transfers shall provide to the covered 501(c) organization receiving such transfers the information required under subsection (b)(2)(D) (applied 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 (e)(2)(A)(i) for the period covered by the statement in clause
(i)thereof); and the covered 501(c) organization receiving such transfers shall report the information described in subclause
(I)on any statement filed under subsection (a)(1) as if any contribution, donation, or transfer to which such information relates was made directly to the covered 501(c) organization receiving the transfer. A transfer of amounts from one covered 501(c) organization to another covered 501(c) organization shall be treated as a transfer between affiliates if— one of the organizations is an affiliate of the other organization; or each of the organizations is an affiliate of the same organization, 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 disbursements. For purposes of this paragraph, the following organizations shall be considered to be affiliated with each other: A membership organization, including a trade or professional association, and the related State and local entities of that organization. A national or international labor organization and its State or local unions, or an organization of national or international unions and its State and local entities. 501(c)(3) organizations This paragraph shall apply with respect to an amount transferred by a covered 501(c) organization to an organization described in paragraph
(3)of section 501(c) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code in the same manner as this paragraph applies to an amount transferred by a covered 501(c) organization to another covered 501(c) organization. . Section 304(f)(6) of such Act ( 52 U.S.C. 30104 ) is amended by striking Any requirement and inserting Except as provided in section 324(c), any requirement . 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 324 of the Federal Election Campaign Act of 1971, as added by this subsection. Not later than 6 months after the date of the enactment of this Act, the Chairman of the Federal Election Commission, in consultation with the Director of the Financial Crimes Enforcement Network of the Department of the Treasury, shall submit to Congress a report with recommendations for providing further legislative authority to assist in the administration and enforcement of such section 324. The amendments made by this section shall apply with respect to disbursements made on or after January 1, 2019, and shall take effect without regard to whether or not the Federal Election Commission has promulgated regulations to carry out such amendments.
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Sec. 2
Donor disclosure for certain organizations accepting donations from foreign nationals
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