Duty to Report Act

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. 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. 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 (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 (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 (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 (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) 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 (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 (ii) the term individual affiliated with a campaign (2) Foreign national The term foreign national 52 U.S.C. 30121(b) (3) Knowingly The term knowingly (4) Prohibited contribution, donation, expenditure, or disbursement (A) In general The term prohibited contribution, donation, expenditure, or disbursement 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 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 8 U.S.C. 1221

Summary: Duty to Report Act This bill requires political committees, candidates for federal office, and other individuals to report to the Federal Election Commission (FEC) and the Federal Bureau of Investigation (FBI) any offers of prohibited contributions, including offers of nonpublic information regarding other candidates, by foreign nationals. Specifically, political committees and candidates must report to the FEC within 24 hours any (1) offers of prohibited contributions from foreign nationals, and (2) meetings with foreign governments or their agents.In addition, the bill requires political committees, candidates, immediate family members of candidates, and individuals affiliated with a campaign (e.g., employees and independent contractors) to report to the FBI within 24 hours any offers of prohibited contributions from foreign nationals. Further, the bill establishes a new criminal offense for knowingly and willfully failing to comply with this reporting requirement. A violator is subject to criminal penalties—a fine, a prison term of up to two years, or both. Such reported information may not be used to enforce certain immigration provisions related to the removal of undocumented aliens.