115th CONGRESS

2d Session

1. R. 6046

 

To require candidates for election for public office to notify the

Federal Bureau of Investigation upon receiving unsolicited information

about other candidates in the election from a foreign power or an agent

of a foreign power, and for other purposes.

 

 

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IN THE HOUSE OF REPRESENTATIVES

 

June 7, 2018

 

Mr. Swalwell of California (for himself, Mr. Cohen, Mr. Ted Lieu of

California, Mr. Carson of Indiana, Mr. Quigley, Mr. Castro of Texas,

Ms. Clarke of New York, Mr. Gallego, Mr. Garamendi, Ms. Norton, Mr.

Ryan of Ohio, Mrs. Demings, Mr. Jeffries, Ms. Speier, Mr. Brendan F.

Boyle of Pennsylvania, Mr. Johnson of Georgia, and Mr. Welch)

introduced the following bill; which was referred to the Committee on

the Judiciary

 

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A BILL

 

 

 

To require candidates for election for public office to notify the

Federal Bureau of Investigation upon receiving unsolicited information

about other candidates in the election from a foreign power or an agent

of a foreign power, 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.

 

This Act may be cited as the “Duty to Report Act of 2018”.

 

SEC. 2. REQUIRING CANDIDATES RECEIVING INFORMATION ON OPPONENTS FROM

FOREIGN POWERS TO NOTIFY FBI.

 

(a) Notification Requirement.–If a candidate, an individual who is

an immediate family member of a candidate, or any individual affiliated

with a campaign of a candidate knowingly receives or is offered

unsolicited information about any of the other candidates for election

for that office which is from a source the candidate or individual

knows is a foreign power or an agent of a foreign power (or if the

candidate or individual recklessly disregards the fact that the source

is a foreign power or an agent of a foreign power), or receives an

unsolicited notification that a foreign power or an agent of a foreign

power has such information in its possession, the candidate or

individual shall notify the Federal Bureau of Investigation of the

receipt or offer of the information or the notification (as the case

may be).

(b) Exceptions.–Subsection (a) does not apply with respect to–

(1) information which a candidate or individual knows or

may reasonably believe is in the public domain; or

(2) information which no person would reasonably believe

could be used to the advantage of the campaign of the candidate

who receives the information or to whom the information is

offered (or whose immediate family member or individual

affiliated with the campaign receives or is offered the

information).

(c) Penalty.–Whoever fails to comply with subsection (a) shall be

fined under title 18, United States Code, or imprisoned not more than 2

years, or both.

 

SEC. 3. DEFINITIONS.

 

In this Act, the following definitions apply:

(1) The term “agent of a foreign power” and the term

“foreign power” each has the meaning given such term in

section 101 of the Foreign Intelligence Surveillance Act of

1978 (50 U.S.C. 1801).

(2) The term “candidate” means an individual who seeks

nomination for, or election to, any Federal, State, or local

public office.

(3) The term “immediate family member” means, with

respect to a candidate, a parent, parent-in-law, spouse, child,

or sibling.

(4) 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).