116th CONGRESS

1st Session

1. 1247

 

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.

 

 

_______________________________________________________________________

 

 

IN THE SENATE OF THE UNITED STATES

 

April 30, 2019

 

Mr. Blumenthal (for himself and Mr. Whitehouse) introduced the

following bill; which was read twice and referred to the Committee on

Rules and Administration

 

_______________________________________________________________________

 

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.