I 

116TH CONGRESS 

1ST SESSION H. R. 2853 

To amend the Federal Election Campaign Act of 1971 to require corporations 

to report disbursements made by foreign nationals for purposes of disseminating campaign-related public communications and to inquire 

whether persons providing such disbursements are foreign nationals, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 20, 2019 

Mr. SWALWELL of California introduced the following bill; which was referred 

to the Committee on House Administration 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

require corporations to report disbursements made by 

foreign nationals for purposes of disseminating campaign-related public communications and to inquire 

whether persons providing such disbursements are foreign nationals, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Corporate Duty to Re5 port Act of 2019’’. 


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1 SEC. 2. RESPONSIBILITIES OF CORPORATIONS RELATING 

2 TO DISBURSEMENTS FROM FOREIGN NATION3 ALS FOR PURPOSES OF DISSEMINATING CAM4 PAIGN-RELATED PUBLIC COMMUNICATIONS. 

5 (a) RESPONSIBILITIES DESCRIBED.— 

6 (1) IN GENERAL.—Section 319 of the Federal 

7 Election Campaign Act of 1971 (52 U.S.C. 30121) 

8 is amended— 

9 (A) by redesignating subsection (b) as sub10 section (c); and 

11 (B) by inserting after subsection (a) the 

12 following new subsection: 

13 ‘‘(b) RESPONSIBILITIES OF CORPORATIONS RELAT14 ING TO DISBURSEMENTS FROM FOREIGN NATIONALS FOR

15 PURPOSES OF DISSEMINATING CAMPAIGN-RELATED PUB16 LIC COMMUNICATIONS.— 

17 ‘‘(1) DUTIES TO REPORT RECEIPT OF DIS18 BURSEMENTS.— 

19 ‘‘(A) REQUIREMENT.—It shall be unlawful 

20 for a corporation which receives a disbursement 

21 and knows that the disbursement is made in 

22 whole or in part for purposes of disseminating 

23 a campaign-related public communication de24 scribed in paragraph (3) and knows that the 

25 person providing the disbursement is a foreign 


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1 national to fail to notify the Federal Bureau of 

2 Investigation of the receipt of the disbursement. 

3 ‘‘(B) GOOD FAITH RELIANCE ON AFFIRMA4 TION BY PERSON PROVIDING DISBURSEMENT.— 

5 It is an affirmative defense to an allegation that 

6 a corporation committed a violation of subpara7 graph (A) that the corporation relied in good 

8 faith on an affirmation by the person providing 

9 a disbursement described in such subparagraph 

10 that— 

11 ‘‘(i) the disbursement is not made in 

12 whole or in part for purposes of dissemi13 nating a campaign-related public commu14 nication described in paragraph (3); or 

15 ‘‘(ii) the person providing the dis16 bursement is not a foreign national. 

17 ‘‘(C) PENALTY.—A violation of subpara18 graph (A) shall result in a fine under title 18, 

19 United States Code, of not more than 

20 $1,000,000 for each such violation. 

21 ‘‘(2) DUTY TO INQUIRE WHETHER DISBURSE22 MENT IS FOR CAMPAIGN PURPOSES AND WHETHER

23 PERSON PROVIDING DISBURSEMENT IS A FOREIGN

24 NATIONAL.— 


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1 ‘‘(A) REQUIREMENT.—It shall be unlawful 

2 for a corporation which receives a disbursement 

3 which is made in whole or in part for purposes 

4 of disseminating a public communication (as de5 fined in section 301(22))— 

6 ‘‘(i) to fail to inquire whether the 

7 communication is a campaign-related pub8 lic communication described in paragraph 

9 (3); and 

10 ‘‘(ii) if the corporation determines 

11 that the communication is a campaign-re12 lated public communication), to fail to in13 quire whether the person providing the dis14 bursement is a foreign national. 

15 ‘‘(B) CIVIL MONEY PENALTY.—A corpora16 tion which violates subparagraph (A) shall be 

17 subject to a civil money penalty in accordance 

18 with section 309, except that the amount of the 

19 penalty may not exceed $500,000 for each such 

20 violation. 

21 ‘‘(3) CAMPAIGN-RELATED PUBLIC COMMUNICA22 TIONS DESCRIBED.—In this subsection, a ‘campaign23 related public communication’ is— 


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1 ‘‘(A) a public communication (as defined in 

2 section 301(22)) which is funded in whole or in 

3 part with an independent expenditure; or 

4 ‘‘(B) an electioneering communication de5 scribed in section 304(f)(3).’’. 

6 (2) EFFECTIVE DATE.—The amendments made 

7 by this section shall take effect upon the expiration 

8 of the 1-year period which begins on the date of the 

9 enactment of this Act. 

10 (b) PROMULGATION OF REGULATIONS.—Not later 

11 than one year after the date of enactment of this Act, the 

12 Federal Election Commission shall promulgate regulations 

13 providing additional indicators beyond the pertinent facts 

14 described in section 110.20(a)(5) of title 11, Code of Fed15 eral Regulations (as in effect on the date of enactment 

16 of this Act) that may lead a reasonable person to conclude 

17 that there is a substantial probability that the source of 

18 the funds solicited, accepted, or received is a foreign na19 tional, as defined in section 319(c) of the Federal Election 

20 Act of 1971 (52 U.S.C. 30121(c)), as redesignated by sub21 section (a)(1), or to inquire whether the source of the 

22 funds solicited, accepted, or received is a foreign national, 

23 as so defined. Regulations promulgated under the pro24 ceeding sentence shall also provide guidance to political 


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1 committees and campaigns to not engage in racial or eth2 nic profiling in making such a conclusion or inquiry. 

Æ 


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