Anti-Collusion Act

To amend the Federal Election Campaign Act of 1971 to treat the sharing of nonpublic campaign material by a candidate or political committee with a foreign power as the solicitation of a contribution or donation in support of the candidate or committee from a foreign national for purposes of the ban on such solicitations under such Act, and for other purposes. 1. Short title This Act may be cited as the Anti-Collusion Act 2. Restrictions on exchange of campaign information between candidates and foreign powers Section 319 of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30121 (c) Restrictions on exchange of information between candidates and foreign powers (1) Treatment of offer to share nonpublic campaign material as solicitation of contribution from foreign national If a candidate or an individual affiliated with the campaign of a candidate, or if a political committee or an individual affiliated with a political committee, provides or offers to provide nonpublic campaign material to a foreign power or an agent of a foreign power or to another person whom the candidate, committee, or individual knows or has reason to know will provide the material to a foreign power or an agent of a foreign power, the candidate, committee, or individual (as the case may be) shall be considered for purposes of this section to have solicited a contribution or donation described in subsection (a)(1)(A) from a foreign national. (2) Suspicious activity reports (A) Duty to file If a candidate or any individual affiliated with a campaign of a candidate, or if a political committee or an individual affiliated with a political committee, knowingly receives an offer of assistance with respect to the campaign or the committee from a person the candidate, committee, or individual knows is a foreign power or an agent of a foreign power, not later than 72 hours after receiving the offer the candidate, committee, or individual shall file a suspicious activity report with the Attorney General (or such official as may be designated by the Attorney General for purposes of this paragraph) which describes the offer, and shall include in the report (to the extent known) the name, address, and nationality of the foreign power or agent making the offer. (B) Referral Upon receiving a suspicious activity report under subparagraph (A), the Attorney General shall refer the report to the Secretary of State and the Commission. The Commission may take such action in response to the report as may be authorized under section 309, without regard to whether or not the Attorney General takes any action in response to the report. (C) Effective date This paragraph shall take effect upon the expiration of the 120-day period which begins on the date of the enactment of this paragraph. (3) Definitions In this subsection, the following definitions apply: (A) The term agent of a foreign power (B) The term candidate (C) The term foreign power (i) a government of a foreign country, as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as Amended ( 22 U.S.C. 611(e) (ii) a foreign political party, as defined in section 1(f) of the Foreign Agents Registration Act of 1938, as Amended ( 22 U.S.C. 611(f) (iii) a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country. (D) The term individual affiliated with a campaign (E) The term individual affiliated with a political committee (F) The term nonpublic campaign material (G) The term offer of assistance . 3. Duty of candidates and committees to file suspicious activity reports after receiving offer of unlawful assistance Title III of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30101 325. Duty of candidates and committees to file suspicious activity reports after receiving offer of unlawful assistance (a) Duty To file If a candidate or any individual affiliated with a campaign of a candidate, or if a political committee or an individual affiliated with a political committee, knowingly receives an offer of unlawful assistance with respect to the campaign or committee from any person, not later than 72 hours after receiving the offer the candidate, committee, or individual shall file a suspicious activity report with the Attorney General (or such official as may be designated by the Attorney General for purposes of this paragraph) which describes the offer, and shall include in the report (to the extent known) the name and address of the person making the offer. (b) Referral Upon receiving a suspicious activity report under subparagraph (A), the Attorney General shall refer the report to the Commission. The Commission may take such action in response to the report as may be authorized under section 309, without regard to whether or not the Attorney General takes any action in response to the report. (c) Definitions In this section, the following definitions apply: (1) The term individual affiliated with a campaign (2) The term individual affiliated with a political committee (3) The term offer of unlawful assistance (d) Effective date This section shall take effect upon the expiration of the 120-day period which begins on the date of the enactment of this section. .

Summary: Anti-Collusion Act This bill expands the ban on solicitations of campaign contributions or donations by foreign nationals to include providing nonpublic campaign information, including polling data and opposition research. Specifically, the ban shall apply if a candidate, a political committee, or an affiliate offers or provides nonpublic campaign material to a foreign power. Upon receipt of an offer of assistance by a foreign power, a candidate, committee, or individual must report the offer to the Department of Justice within 72 hours.