II 

117TH CONGRESS 

1ST SESSION S. 394 

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 

FEBRUARY 23, 2021 

Mr. BLUMENTHAL (for himself, Mr. WHITEHOUSE, Mr. HEINRICH, Mr. BOOKER, Mr. MARKEY, Mr. LEAHY, Mrs. MURRAY, Mr. MURPHY, Mr. SANDERS, Ms. SMITH, Mr. WYDEN, Mr. CASEY, Ms. HIRONO, Mrs. GILLIBRAND, Ms. KLOBUCHAR, Mr. MERKLEY, Ms. WARREN, Mr. MENENDEZ, 

and Ms. CORTEZ MASTO) 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. 

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

2 

•S 394 IS

1 SECTION 1. SHORT TITLE; FINDINGS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Duty To Report Act’’. 

4 (b) FINDINGS.—Congress makes the following find5 ings: 

6 (1) Political contributions and express-advocacy 

7 expenditures are an integral aspect of the process by 

8 which Americans elect officials to Federal, State, 

9 and local government offices. 

10 (2) It is fundamental to the definition of a na11 tional political community that foreign citizens do 

12 not have a constitutional right to participate in, and 

13 thus may be excluded from, activities of democratic 

14 self-governance. 

15 (3) The United States has a compelling interest 

16 in limiting the participation of foreign citizens in ac17 tivities of democratic self-government, and in there18 by preventing foreign influence over the United 

19 States political process. 

20 (4) Foreign donations and expenditures have a 

21 corrupting influence on the campaign process and 

22 limiting the activities of foreign citizens in our elec23 tions is necessary to preserve the basic conception of 

24 a political community and democratic self-govern25 ance. 

3 

•S 394 IS

1 SEC. 2. REPORTING TO THE FEC. 

2 (a) REPORTING OFFERS OF PROHIBITED CONTRIBU3 TIONS, DONATIONS, EXPENDITURES, OR DISBURSEMENTS

4 BY FOREIGN NATIONALS.—Section 304 of the Federal 

5 Election Campaign Act of 1971 (52 U.S.C. 30104) is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(j) DISCLOSURE OF OFFERS OF PROHIBITED CON9 TRIBUTIONS, DONATIONS, EXPENDITURES, OR DISBURSE10 MENTS BY FOREIGN NATIONALS.—If a political com11 mittee, an agent of the committee, or in the case of an 

12 authorized committee of a candidate for Federal office, a 

13 candidate, receives an offer (orally, in writing, or other14 wise) of a prohibited contribution, donation, expenditure, 

15 or disbursement (as defined in section 3(c) of the Duty 

16 To Report Act), the committee shall, within 24 hours of 

17 receiving the offer, report to the Commission— 

18 ‘‘(1) to the extent known, the name, address, 

19 and nationality of the foreign national (as defined in 

20 section 319(b)) making the offer; and 

21 ‘‘(2) the amount and type of contribution, dona22 tion, expenditure, or disbursement offered.’’. 

23 (b) REPORTING MEETINGS WITH FOREIGN GOVERN24 MENTS OR THEIR AGENTS.—Section 304 of the Federal 

25 Election Campaign Act of 1971 (52 U.S.C. 30104), as 

4 

•S 394 IS

1 amended by subsection (a), is amended by adding at the 

2 end the following new subsection: 

3 ‘‘(k) DISCLOSURE OF MEETINGS WITH FOREIGN

4 GOVERNMENTS OR THEIR AGENTS.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), if a political committee, an agent of the 

7 committee, or in the case of an authorized com8 mittee of a candidate for Federal office, a candidate, 

9 meets with a foreign government or an agent of a 

10 foreign principal, as defined in section 1 of the For11 eign Agents Registration Act of 1938 (22 U.S.C. 

12 611), the committee shall, within 24 hours of meet13 ing, report to the Commission— 

14 ‘‘(A) to the extent known, the identity of 

15 each individual at the meeting and the foreign 

16 government involved; and 

17 ‘‘(B) the purpose of the meeting. 

18 ‘‘(2) EXCEPTION FOR MEETINGS IN OFFICIAL

19 CAPACITY.—Paragraph (1) shall not apply with re20 spect to a meeting with a foreign government or an 

21 agent of a foreign principal by an elected official or 

22 as an employee of an elected official in their official 

23 capacity as such an official or employee.’’. 

24 (c) PROMULGATION OF REGULATIONS.—Not later 

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

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1 Federal Election Commission shall promulgate regulations 

2 providing additional indicators beyond the pertinent facts 

3 described in section 110.20(a)(5) of title 11, Code of Fed4 eral Regulations (as in effect on the date of enactment 

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

6 that there is a substantial probability that the source of 

7 the funds solicited, accepted, or received is a foreign na8 tional, as defined in section 319(b) of the Federal Election 

9 Act of 1971 (52 U.S.C. 30121(b)), or to inquire whether 

10 the source of the funds solicited, accepted, or received is 

11 a foreign national, as so defined. Regulations promulgated 

12 under the proceeding sentence shall also provide guidance 

13 to political committees and campaigns to not engage in 

14 racial or ethnic profiling in making such a conclusion or 

15 inquiry. 

16 SEC. 3. REPORTING OFFERS OF PROHIBITED CONTRIBU17 TIONS, DONATIONS, EXPENDITURES, OR DIS18 BURSEMENTS BY FOREIGN NATIONALS TO 

19 THE FBI. 

20 (a) IN GENERAL.—If a political committee or an ap21 plicable individual (as defined in subsection (c)) receives 

22 an offer (orally, in writing, or otherwise) of a prohibited 

23 contribution, donation, expenditure, or disbursement, the 

24 committee or applicable individual shall, within 24 hours 

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•S 394 IS

1 of receiving the offer, report to the Federal Bureau of In2 vestigation— 

3 (1) to the extent known, the name, address, and 

4 nationality of the foreign national making the offer; 

5 and 

6 (2) the amount and type of contribution, dona7 tion, expenditure, or disbursement offered. 

8 (b) OFFENSE.— 

9 (1) IN GENERAL.—It shall be unlawful to know10 ingly and willfully fail to comply with subsection (a). 

11 (2) PENALTY.—Any person who violates para12 graph (1) shall be fined under title 18, United 

13 States Code, imprisoned not more than 2 years, or 

14 both. 

15 (c) DEFINITIONS.—In this section: 

16 (1) APPLICABLE INDIVIDUAL.— 

17 (A) IN GENERAL.—The term ‘‘applicable 

18 individual’’ means— 

19 (i) an agent of a political committee; 

20 (ii) a candidate; 

21 (iii) an individual who is an imme22 diate family member of a candidate; or 

23 (iv) any individual affiliated with a 

24 campaign of a candidate. 

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1 (B) IMMEDIATE FAMILY MEMBER; INDI2 VIDUAL AFFILIATED WITH A CAMPAIGN.—For 

3 purposes of subparagraph (A)— 

4 (i) the term ‘‘immediate family mem5 ber’’ means, with respect to a candidate, a 

6 parent, parent in law, spouse, adult child, 

7 or sibling; and 

8 (ii) the term ‘‘individual affiliated 

9 with a campaign’’ means, with respect to a 

10 candidate, an employee of any organization 

11 legally authorized under Federal, State, or 

12 local law to support the candidate’s cam13 paign for nomination for, or election to, 

14 any Federal, State, or local public office, 

15 as well as any independent contractor of 

16 such an organization and any individual 

17 who performs services for the organization 

18 on an unpaid basis (including an intern or 

19 volunteer). 

20 (2) FOREIGN NATIONAL.—The term ‘‘foreign 

21 national’’ has the meaning given that term in section 

22 319(b) of the Federal Election Campaign Act of 

23 1971 (52 U.S.C. 30121(b)). 

24 (3) KNOWINGLY.—The term ‘‘knowingly’’ has 

25 the meaning given that term in section 110.20(a)(4) 

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1 of title 11, Code of Federal Regulations (or any suc2 cessor regulations). 

3 (4) PROHIBITED CONTRIBUTION, DONATION, 

4 EXPENDITURE, OR DISBURSEMENT.— 

5 (A) IN GENERAL.—The term ‘‘prohibited 

6 contribution, donation, expenditure, or disburse7 ment’’ means a contribution, donation, expendi8 ture, or disbursement prohibited under section 

9 319(a) of the Federal Election Campaign Act of 

10 1971 (52 U.S.C. 30121(a)). 

11 (B) CLARIFICATION.—Such term includes, 

12 with respect to a candidate or election, any in13 formation— 

14 (i) regarding any of the other can15 didates for election for that office; 

16 (ii) that is not in the public domain; 

17 and 

18 (iii) which could be used to the advan19 tage of the campaign of the candidate. 

20 (5) OTHER TERMS.—Any term used in this sec21 tion which is defined in section 301 of the Federal 

22 Election Campaign Act of 1971 (52 U.S.C. 30101) 

23 and which is not otherwise defined in this section 

24 shall have the meaning given such term under such 

25 section 301. 

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1 SEC. 4. CLARIFICATION REGARDING USE OF INFORMATION 

2 REPORTED. 

3 Information reported under subsection (j) or (k) of 

4 section 304 of the Federal Election Campaign Act of 1971 

5 (52 U.S.C. 30104), as added by section 2, or under section 

6 3(a), may not be used to enforce the provisions under 

7 chapter 4 of title II of the Immigration and Nationality 

8 Act (8 U.S.C. 1221 et seq.) relating to the removal of un9 documented aliens. 

Æ