II 

116TH CONGRESS 

1ST SESSION S. 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. 

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; FINDINGS. 

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

5 ‘‘Duty To Report Act’’. 


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1 (b) FINDINGS.—Congress makes the following find2 ings: 

3 (1) Political contributions and express-advocacy 

4 expenditures are an integral aspect of the process by 

5 which Americans elect officials to Federal, State, 

6 and local government offices. 

7 (2) It is fundamental to the definition of a na8 tional political community that foreign citizens do 

9 not have a constitutional right to participate in, and 

10 thus may be excluded from, activities of democratic 

11 self-governance. 

12 (3) The United States has a compelling interest 

13 in limiting the participation of foreign citizens in ac14 tivities of democratic self-government, and in there15 by preventing foreign influence over the United 

16 States political process. 

17 (4) Foreign donations and expenditures have a 

18 corrupting influence on the campaign process and 

19 limiting the activities of foreign citizens in our elec20 tions is necessary to preserve the basic conception of 

21 a political community and democratic self-govern22 ance. 

23 SEC. 2. REPORTING TO THE FEC. 

24 (a) REPORTING OFFERS OF PROHIBITED CONTRIBU25 TIONS, DONATIONS, EXPENDITURES, OR DISBURSEMENTS


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1 BY FOREIGN NATIONALS.—Section 304 of the Federal 

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

3 amended by adding at the end the following new sub4 section: 

5 ‘‘(j) DISCLOSURE OF OFFERS OF PROHIBITED CON6 TRIBUTIONS, DONATIONS, EXPENDITURES, OR DISBURSE7 MENTS BY FOREIGN NATIONALS.—If a political com8 mittee, an agent of the committee, or in the case of an 

9 authorized committee of a candidate for Federal office, a 

10 candidate, receives an offer (orally, in writing, or other11 wise) of a prohibited contribution, donation, expenditure, 

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

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

14 receiving the offer, report to the Commission— 

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

16 and nationality of the foreign national (as defined in 

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

18 ‘‘(2) the amount and type of contribution, dona19 tion, expenditure, or disbursement offered.’’. 

20 (b) REPORTING MEETINGS WITH FOREIGN GOVERN21 MENTS OR THEIR AGENTS.—Section 304 of the Federal 

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

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

24 end the following new subsection: 


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1 ‘‘(k) DISCLOSURE OF MEETINGS WITH FOREIGN

2 GOVERNMENTS OR THEIR AGENTS.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (2), if a political committee, an agent of the 

5 committee, or in the case of an authorized com6 mittee of a candidate for Federal office, a candidate, 

7 meets with a foreign government or an agent of a 

8 foreign principal, as defined in section 1 of the For9 eign Agents Registration Act of 1938 (22 U.S.C. 

10 611), the committee shall, within 24 hours of meet11 ing, report to the Commission— 

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

13 each individual at the meeting and the foreign 

14 government involved; and 

15 ‘‘(B) the purpose of the meeting. 

16 ‘‘(2) EXCEPTION FOR MEETINGS IN OFFICIAL

17 CAPACITY.—Paragraph (1) shall not apply with re18 spect to a meeting with a foreign government or an 

19 agent of a foreign principal by an elected official or 

20 as an employee of an elected official in their official 

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

22 (c) PROMULGATION OF REGULATIONS.—Not later 

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

24 Federal Election Commission shall promulgate regulations 

25 providing additional indicators beyond the pertinent facts 


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1 described in section 110.20(a)(5) of title 11, Code of Fed2 eral Regulations (as in effect on the date of enactment 

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

4 that there is a substantial probability that the source of 

5 the funds solicited, accepted, or received is a foreign na6 tional, as defined in section 319(b) of the Federal Election 

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

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

9 a foreign national, as so defined. Regulations promulgated 

10 under the proceeding sentence shall also provide guidance 

11 to political committees and campaigns to not engage in 

12 racial or ethnic profiling in making such a conclusion or 

13 inquiry. 

14 SEC. 3. REPORTING OFFERS OF PROHIBITED CONTRIBU15 TIONS, DONATIONS, EXPENDITURES, OR DIS16 BURSEMENTS BY FOREIGN NATIONALS TO 

17 THE FBI. 

18 (a) IN GENERAL.—If a political committee or an ap19 plicable individual (as defined in subsection (c)) receives 

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

21 contribution, donation, expenditure, or disbursement, the 

22 committee or applicable individual shall, within 24 hours 

23 of receiving the offer, report to the Federal Bureau of In24 vestigation— 


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

2 nationality of the foreign national making the offer; 

3 and 

4 (2) the amount and type of contribution, dona5 tion, expenditure, or disbursement offered. 

6 (b) OFFENSE.— 

7 (1) IN GENERAL.—It shall be unlawful to know8 ingly and willfully fail to comply with subsection (a). 

9 (2) PENALTY.—Any person who violates para10 graph (1) shall be fined under title 18, United 

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

12 both. 

13 (c) DEFINITIONS.—In this section: 

14 (1) APPLICABLE INDIVIDUAL.— 

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

16 individual’’ means— 

17 (i) an agent of a political committee; 

18 (ii) a candidate; 

19 (iii) an individual who is an imme20 diate family member of a candidate; or 

21 (iv) any individual affiliated with a 

22 campaign of a candidate. 

23 (B) IMMEDIATE FAMILY MEMBER; INDI24 VIDUAL AFFILIATED WITH A CAMPAIGN.—For 

25 purposes of subparagraph (A)— 


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1 (i) the term ‘‘immediate family mem2 ber’’ means, with respect to a candidate, a 

3 parent, parent in law, spouse, adult child, 

4 or sibling; and 

5 (ii) the term ‘‘individual affiliated 

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

7 candidate, an employee of any organization 

8 legally authorized under Federal, State, or 

9 local law to support the candidate’s cam10 paign for nomination for, or election to, 

11 any Federal, State, or local public office, 

12 as well as any independent contractor of 

13 such an organization and any individual 

14 who performs services for the organization 

15 on an unpaid basis (including an intern or 

16 volunteer). 

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

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

19 319(b) of the Federal Election Campaign Act of 

20 1971(52 U.S.C. 30121(b)). 

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

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

23 of title 11, Code of Federal Regulations (or any suc24 cessor regulations). 


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1 (4) PROHIBITED CONTRIBUTION, DONATION, 

2 EXPENDITURE, OR DISBURSEMENT.— 

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

4 contribution, donation, expenditure, or disburse5 ment’’ means a contribution, donation, expendi6 ture, or disbursement prohibited under section 

7 319(a) of the Federal Election Campaign Act of 

8 1971 (52 U.S.C. 30121(a)). 

9 (B) CLARIFICATION.—Such term includes, 

10 with respect to a candidate or election, any in11 formation— 

12 (i) regarding any of the other can13 didates for election for that office; 

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

15 and 

16 (iii) which could be used to the advan17 tage of the campaign of the candidate. 

18 (5) OTHER TERMS.—Any term used in this sec19 tion which is defined in section 301 of the Federal 

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

21 and which is not otherwise defined in this section 

22 shall have the meaning given such term under such 

23 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 


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