I 
117TH CONGRESS 
1ST SESSION H. R. 1266 
To amend the Federal Election Campaign Act of 1971 to require reporting 
to the Federal Election Commission and the Federal Bureau of Investiga-
tion of offers by foreign nationals to make prohibited contributions, 
donations, expenditures, or disbursements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 23, 2021 
Mr. SWALWELL (for himself, Mr. DEUTCH, Mr. COHEN, Mr. CICILLINE, Mr. 
LIEU, Mrs. DEMINGS, Ms. GARCIA of Texas, Ms. BROWNLEY, Ms. 
CLARKE of New York, Mr. DESAULNIER, Ms. ESHOO, Ms. LEE of Cali-
fornia, Ms. MATSUI, Ms. NORTON, Mr. PANETTA, Mr. PRICE of North 
Carolina, Mr. QUIGLEY, Mr. THOMPSON of California, Mr. VEASEY, and 
Mr. WELCH) introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committee 
on the Judiciary, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
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, dona-
tions, expenditures, or disbursements, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; FINDINGS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Duty to Report Act’’. 
(b) FINDINGS.—Congress makes the following find-
ings: 
(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 na-
tional 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 ac-
tivities of democratic self-government, and in there-
by 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 elec-
tions is necessary to preserve the basic conception of 
a political community and democratic self-govern-
ance. 
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SEC. 2. REPORTING TO THE FEC. 
(a) REPORTING OFFERS OF PROHIBITED CONTRIBU-
TIONS, DONATIONS, EXPENDITURES, OR DISBURSEMENTS 
BY FOREIGN NATIONALS.—Section 304 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30104) is 
amended by adding at the end the following new sub-
section: 
‘‘(j) DISCLOSURE OF OFFERS OF PROHIBITED CON-
TRIBUTIONS, DONATIONS, EXPENDITURES, OR DISBURSE-
MENTS
BY FOREIGN NATIONALS.—If a political com-
mittee, 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 other-
wise) of a prohibited contribution, donation, expenditure, 
or disbursement (as defined in section 3(c) of the Duty 
to Report Act), the committee shall, within 24 hours of 
receiving the offer, report to the Commission— 
‘‘(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, dona-
tion, expenditure, or disbursement offered.’’. 
(b) REPORTING MEETINGS WITH FOREIGN GOVERN-
MENTS OR THEIR AGENTS.—Section 304 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30104), as 
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amended by subsection (a), is amended by adding at the 
end the following new subsection: 
‘‘(k) DISCLOSURE
OF MEETINGS WITH FOREIGN 
GOVERNMENTS OR THEIR AGENTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), if a political committee, an agent of the 
committee, or in the case of an authorized com-
mittee 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 For-
eign Agents Registration Act of 1938 (22 U.S.C. 
611), the committee shall, within 24 hours of meet-
ing, report to the Commission— 
‘‘(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 re-
spect 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 
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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 Fed-
eral 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 na-
tional, as defined in section 319(b) of the Federal Election 
Act of 1971 (52 U.S.C. 30121(b)), or to inquire whether 
the source of the funds solicited, accepted, or received is 
a foreign national, as so defined. Regulations promulgated 
under the proceeding sentence shall also provide guidance 
to political committees and campaigns to not engage in 
racial or ethnic profiling in making such a conclusion or 
inquiry. 
SEC. 3. REPORTING OFFERS OF PROHIBITED CONTRIBU-
TIONS, DONATIONS, EXPENDITURES, OR DIS-
BURSEMENTS BY FOREIGN NATIONALS TO 
THE FBI. 
(a) IN GENERAL.—If a political committee or an ap-
plicable 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 
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of receiving the offer, report to the Federal Bureau of In-
vestigation— 
(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, dona-
tion, expenditure, or disbursement offered. 
(b) OFFENSE.— 
(1) IN GENERAL.—It shall be unlawful to know-
ingly and willfully fail to comply with subsection (a). 
(2) PENALTY.—Any person who violates para-
graph (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’’ means— 
(i) an agent of a political committee; 
(ii) a candidate; 
(iii) an individual who is an imme-
diate family member of a candidate; or 
(iv) any individual affiliated with a 
campaign of a candidate. 
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(B) IMMEDIATE
FAMILY
MEMBER; INDI-
VIDUAL AFFILIATED WITH A CAMPAIGN.—For 
purposes of subparagraph (A)— 
(i) the term ‘‘immediate family mem-
ber’’ means, with respect to a candidate, a 
parent, parent-in-law, spouse, adult child, 
or sibling; and 
(ii) the term ‘‘individual affiliated 
with a campaign’’ means, with respect to a 
candidate, an employee of any organization 
legally authorized under Federal, State, or 
local law to support the candidate’s cam-
paign for nomination for, or election to, 
any Federal, State, or local public office, 
as well as any independent contractor of 
such an organization and any individual 
who performs services for the organization 
on an unpaid basis (including an intern or 
volunteer). 
(2) FOREIGN
NATIONAL.—The term ‘‘foreign 
national’’ has the meaning given that term in section 
319(b) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30121(b)). 
(3) KNOWINGLY.—The term ‘‘knowingly’’ has 
the meaning given that term in section 110.20(a)(4) 
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of title 11, Code of Federal Regulations (or any suc-
cessor regulations). 
(4) PROHIBITED
CONTRIBUTION, DONATION, 
EXPENDITURE, OR DISBURSEMENT.— 
(A) IN GENERAL.—The term ‘‘prohibited 
contribution, donation, expenditure, or disburse-
ment’’ means a contribution, donation, expendi-
ture, or disbursement prohibited under section 
319(a) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30121(a)). 
(B) CLARIFICATION.—Such term includes, 
with respect to a candidate or election, any in-
formation— 
(i) regarding any of the other can-
didates for election for that office; 
(ii) that is not in the public domain; 
and 
(iii) which could be used to the advan-
tage of the campaign of the candidate. 
(5) OTHER TERMS.—Any term used in this sec-
tion which is defined in section 301 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101) 
and which is not otherwise defined in this section 
shall have the meaning given such term under such 
section 301. 
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