116th CONGRESS
1st Session
H. R. 2424

To amend the Federal Election Campaign Act of 1971 to require reporting
to the Federal Election Commission and the Federal Bureau of
Investigation of offers by foreign nationals to make prohibited
contributions, donations, expenditures, or disbursements, and for other
purposes.

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IN THE HOUSE OF REPRESENTATIVES

April 30, 2019

Mr. Swalwell of California (for himself, Mr. Cohen, Mr. Johnson of
Georgia, Mrs. Demings, Mr. Gallego, and Ms. Norton) introduced the
following bill; which was referred to the Committee on House
Administration, and in addition to the Committee on 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

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A BILL

To amend the Federal Election Campaign Act of 1971 to require reporting
to the Federal Election Commission and the Federal Bureau of
Investigation of offers by foreign nationals to make prohibited
contributions, donations, expenditures, or disbursements, 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; FINDINGS.

(a) Short Title.–This Act may be cited as the “Duty to Report
Act”.
(b) Findings.–Congress makes the following findings:
(1) Political contributions and express-advocacy
expenditures are an integral aspect of the process by which
Americans elect officials to Federal, State, and local
government offices.
(2) It is fundamental to the definition of a national
political community that foreign citizens do not have a
constitutional right to participate in, and thus may be
excluded from, activities of democratic self-governance.
(3) The United States has a compelling interest in limiting
the participation of foreign citizens in activities of
democratic self-government, and in thereby preventing foreign
influence over the United States political process.
(4) Foreign donations and expenditures have a corrupting
influence on the campaign process and limiting the activities
of foreign citizens in our elections is necessary to preserve
the basic conception of a political community and democratic
self-governance.

SEC. 2. REPORTING TO THE FEC.

(a) Reporting Offers of Prohibited Contributions, Donations,
Expenditures, or Disbursements by Foreign Nationals.–Section 304 of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30104) is amended
by adding at the end the following new subsection:
“(j) Disclosure of Offers of Prohibited Contributions, Donations,
Expenditures, or Disbursements by Foreign Nationals.–If a political
committee, an agent of the committee, or in the case of an authorized
committee of a candidate for Federal office, a candidate, receives an
offer (orally, in writing, or otherwise) of a prohibited contribution,
donation, expenditure, or disbursement (as defined in section 3(c) of
the Duty to Report Act), the committee shall, within 24 hours of
receiving the offer, report to the Commission–
“(1) to the extent known, the name, address, and
nationality of the foreign national (as defined in section
319(b)) making the offer; and
“(2) the amount and type of contribution, donation,
expenditure, or disbursement offered.”.
(b) Reporting Meetings With Foreign Governments or Their Agents.–
Section 304 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30104), as amended by subsection (a), is amended by adding at the end
the following new subsection:
“(k) Disclosure of Meetings With Foreign Governments or Their
Agents.–
“(1) In general.–Except as provided in paragraph (2), if
a political committee, an agent of the committee, or in the
case of an authorized committee of a candidate for Federal
office, a candidate, meets with a foreign government or an
agent of a foreign principal, as defined in section 1 of the
Foreign Agents Registration Act of 1938 (22 U.S.C. 611), the
committee shall, within 24 hours of meeting, report to the
Commission–
“(A) to the extent known, the identity of each
individual at the meeting and the foreign government
involved; and
“(B) the purpose of the meeting.
“(2) Exception for meetings in official capacity.–
Paragraph (1) shall not apply with respect to a meeting with a
foreign government or an agent of a foreign principal by an
elected official or as an employee of an elected official in
their official capacity as such an official or employee.”.
(c) Promulgation of Regulations.–Not later than one year after the
date of enactment of this Act, the Federal Election Commission shall
promulgate regulations providing additional indicators beyond the
pertinent facts described in section 110.20(a)(5) of title 11, Code of
Federal Regulations (as in effect on the date of enactment of this Act)
that may lead a reasonable person to conclude that there is a
substantial probability that the source of the funds solicited,
accepted, or received is a foreign national, as defined in section
319(b) of the Federal Election Act of 1971 (52 U.S.C. 30121(b)), or to
inquire whether the source of the funds solicited, accepted, or
received is a foreign national, as so defined. Regulations promulgated
under the proceeding sentence shall also provide guidance to political
committees and campaigns to not engage in racial or ethnic profiling in
making such a conclusion or inquiry.

SEC. 3. REPORTING OFFERS OF PROHIBITED CONTRIBUTIONS, DONATIONS,
EXPENDITURES, OR DISBURSEMENTS BY FOREIGN NATIONALS TO
THE FBI.

(a) In General.–If a political committee or an applicable
individual (as defined in subsection (c)) receives an offer (orally, in
writing, or otherwise) of a prohibited contribution, donation,
expenditure, or disbursement, the committee or applicable individual
shall, within 24 hours of receiving the offer, report to the Federal
Bureau of Investigation–
(1) to the extent known, the name, address, and nationality
of the foreign national making the offer; and
(2) the amount and type of contribution, donation,
expenditure, or disbursement offered.
(b) Offense.–
(1) In general.–It shall be unlawful to knowingly and
willfully fail to comply with subsection (a).
(2) Penalty.–Any person who violates paragraph (1) shall
be fined under title 18, United States Code, imprisoned not
more than 2 years, or both.
(c) Definitions.–In this section:
(1) Applicable individual.–
(A) In general.–The term “applicable individual”
means–
(i) an agent of a political committee;
(ii) a candidate;
(iii) an individual who is an immediate
family member of a candidate; or
(iv) any individual affiliated with a
campaign of a candidate.
(B) Immediate family member; individual affiliated
with a campaign.–For purposes of subparagraph (A)–
(i) the term “immediate family member”
means, with respect to a candidate, a parent,
parent-in-law, spouse, adult child, or sibling;
and
(ii) the term “individual affiliated with
a campaign” means, with respect to a
candidate, an employee of any organization
legally authorized under Federal, State, or
local law to support the candidate’s campaign
for nomination for, or election to, any
Federal, State, or local public office, as well
as any independent contractor of such an
organization and any individual who performs
services for the organization on an unpaid
basis (including an intern or volunteer).
(2) Foreign national.–The term “foreign national” has
the meaning given that term in section 319(b) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30121(b)).
(3) Knowingly.–The term “knowingly” has the meaning
given that term in section 110.20(a)(4) of title 11, Code of
Federal Regulations (or any successor regulations).
(4) Prohibited contribution, donation, expenditure, or
disbursement.–
(A) In general.–The term “prohibited
contribution, donation, expenditure, or disbursement”
means a contribution, donation, expenditure, or
disbursement prohibited under section 319(a) of the
Federal Election Campaign Act of 1971 (52 U.S.C.
30121(a)).
(B) Clarification.–Such term includes, with
respect to a candidate or election, any information–
(i) regarding any of the other candidates
for election for that office;
(ii) that is not in the public domain; and
(iii) which could be used to the advantage
of the campaign of the candidate.
(5) Other terms.–Any term used in this section which is
defined in section 301 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101) and which is not otherwise defined in
this section shall have the meaning given such term under such
section 301.

SEC. 4. CLARIFICATION REGARDING USE OF INFORMATION REPORTED.

Information reported under subsection (j) or (k) of section 304 of
the Federal Election Campaign Act of 1971 (52 U.S.C. 30104), as added
by section 2, or under section 3(a), may not be used to enforce the
provisions under chapter 4 of title II of the Immigration and
Nationality Act (8 U.S.C. 1221 et seq.) relating to the removal of
undocumented aliens.