II 

116TH CONGRESS 

1ST SESSION S. 2242 

To amend the Federal Election Campaign Act of 1971 to clarify the obligation 

to report acts of foreign election influence and require implementation 

of compliance and reporting systems by Presidential campaigns to detect 

and report such acts. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2019 

Mr. WARNER (for himself, Mrs. SHAHEEN, Mr. REED, Mr. KING, Mr. BENNET, and Ms. HARRIS) 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 

clarify the obligation to report acts of foreign election 

influence and require implementation of compliance and 

reporting systems by Presidential campaigns to detect 

and report such acts. 

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 ‘‘Foreign Influence Re5 porting in Elections Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

•S 2242 IS

1 SEC. 2. FEDERAL CAMPAIGN REPORTING OF FOREIGN CON2 TACTS. 

3 Section 304 of the Federal Election Campaign Act 

4 of 1971 (52 U.S.C. 30104) is amended by adding at the 

5 end the following new subsection: 

6 ‘‘(j) DISCLOSURE OF REPORTABLE FOREIGN CON7 TACTS.— 

8 ‘‘(1) COMMITTEE OBLIGATION.—Not later than 

9 1 week after a reportable foreign contact, each au10 thorized committee of a candidate for the office of 

11 President shall notify the Federal Bureau of Inves12 tigation and the Commission of the reportable for13 eign contact and provide a summary of the cir14 cumstances with respect to such reportable foreign 

15 contact. 

16 ‘‘(2) INDIVIDUAL OBLIGATION.—Not later than 

17 1 week after a reportable foreign contact— 

18 ‘‘(A) each candidate for the office of Presi19 dent shall notify the treasurer or other des20 ignated official of the principal campaign com21 mittee of such candidate of the reportable for22 eign contact and provide a summary of the cir23 cumstances with respect to such reportable for24 eign contact; and 

25 ‘‘(B) each official, employee, or agent of an 

26 authorized committee of a candidate for the ofVerDate Sep 11 2014 23:12 Jul 29, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2242.IS S2242

pamtmann on DSKBFK8HB2PROD with BILLS
3 

•S 2242 IS

1 fice of President shall notify the treasurer or 

2 other designated official of the authorized com3 mittee of the reportable foreign contact and 

4 provide a summary of the circumstances with 

5 respect to such reportable foreign contact. 

6 ‘‘(3) REPORTABLE FOREIGN CONTACT.—In this 

7 subsection: 

8 ‘‘(A) IN GENERAL.—The term ‘reportable 

9 foreign contact’ means any direct or indirect 

10 contact or communication that— 

11 ‘‘(i) is between— 

12 ‘‘(I) a candidate for the office of 

13 President, an authorized committee of 

14 such a candidate, or any official, em15 ployee, or agent of such authorized 

16 committee; and 

17 ‘‘(II) a foreign national (as de18 fined in section 319(b)) or a person 

19 that the person described in subclause 

20 (I) believes to be a foreign national; 

21 and 

22 ‘‘(ii) the person described in clause 

23 (i)(I) knows, has reason to know, or rea24 sonably believes involves— 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•S 2242 IS

1 ‘‘(I) a contribution, donation, ex2 penditure, disbursement, or solicita3 tion described in section 319; or 

4 ‘‘(II) coordination or collabora5 tion with, an offer or provision of in6 formation or services to or from, or 

7 persistent and repeated contact with a 

8 government of a foreign country or an 

9 agent thereof. 

10 ‘‘(B) EXCEPTION.—Such term shall not in11 clude any contact or communication with a for12 eign government or an agent of a foreign prin13 cipal by an elected official or an employee of an 

14 elected official solely in an official capacity as 

15 such an official or employee.’’. 

16 SEC. 3. FEDERAL CAMPAIGN FOREIGN CONTACT REPORT17 ING COMPLIANCE SYSTEM. 

18 Section 302(e) of the Federal Election Campaign Act 

19 of 1971 (52 U.S.C. 30102(e)) is amended by adding at 

20 the end the following new paragraph: 

21 ‘‘(6) REPORTABLE FOREIGN CONTACTS COMPLI22 ANCE POLICY.— 

23 ‘‘(A) REPORTING.—Each authorized com24 mittee of a candidate for the office of President 

25 shall establish a policy that requires all officials, 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•S 2242 IS

1 employees, and agents of such committee to no2 tify the treasurer or other appropriate des3 ignated official of the committee of any report4 able foreign contact (as defined in section 

5 304(j)) not later than 1 week after such contact 

6 was made. 

7 ‘‘(B) RETENTION AND PRESERVATION OF

8 RECORDS.—Each authorized committee of a 

9 candidate for the office of President shall estab10 lish a policy that provides for the retention and 

11 preservation of records and information related 

12 to reportable foreign contacts (as so defined) 

13 for a period of not less than 3 years. 

14 ‘‘(C) CERTIFICATION.—Upon designation 

15 of a political committee as an authorized com16 mittee by a candidate for the office of Presi17 dent, and with each report filed by such com18 mittee under section 304(a), the candidate shall 

19 certify that— 

20 ‘‘(i) the committee has in place poli21 cies that meet the requirements of sub22 paragraphs (A) and (B); 

23 ‘‘(ii) the committee has designated an 

24 official to monitor compliance with such 

25 policies; and 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

•S 2242 IS

1 ‘‘(iii) not later than 1 week after the 

2 beginning of any formal or informal affili3 ation with the committee, all officials, em4 ployees, and agents of such committee 

5 will— 

6 ‘‘(I) receive notice of such poli7 cies; 

8 ‘‘(II) be informed of the prohibi9 tions under section 319; and 

10 ‘‘(III) sign a certification affirm11 ing their understanding of such poli12 cies and prohibitions.’’. 

13 SEC. 4. CRIMINAL PENALTIES. 

14 Section 309(d)(1) of the Federal Election Campaign 

15 Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by add16 ing at the end the following new subparagraphs: 

17 ‘‘(E) Any person who knowingly and will18 fully commits a violation of section 304(j) or 

19 section 302(e)(6) shall be fined not more than 

20 $500,000, imprisoned not more than 5 years, or 

21 both. 

22 ‘‘(F) Any person who knowingly or will23 fully conceals or destroys any materials relating 

24 to a reportable foreign contact (as defined in 

25 section 304(j)) shall be fined not more than 


pamtmann on DSKBFK8HB2PROD with BILLS
7 

•S 2242 IS

1 $1,000,000, imprisoned not more than 5 years, 

2 or both.’’. 

3 SEC. 5. RULE OF CONSTRUCTION. 

4 Nothing in this Act or the amendments made by this 

5 Act shall be construed— 

6 (1) to impede legitimate journalistic activities; 

7 or 

8 (2) to impose any additional limitation on the 

9 right of any individual who is not a citizen of the 

10 United States or a national of the United States (as 

11 defined in section 101(a)(22) of the Immigration 

12 and Nationality Act) and who is not lawfully admit13 ted for permanent residence, as defined by section 

14 101(a)(20) of the Immigration and Nationality Act 

15 (8 U.S.C. 1101(a)(20)) to express political views or 

16 to participate in public discourse. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS