I 
116TH CONGRESS 
1ST SESSION H. R. 2853 
To amend the Federal Election Campaign Act of 1971 to require corporations 
to report disbursements made by foreign nationals for purposes of dis-
seminating campaign-related public communications and to inquire 
whether persons providing such disbursements are foreign nationals, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2019 
Mr. SWALWELL of California introduced the following bill; which was referred 
to the Committee on House Administration 
A BILL 
To amend the Federal Election Campaign Act of 1971 to 
require corporations to report disbursements made by 
foreign nationals for purposes of disseminating cam-
paign-related public communications and to inquire 
whether persons providing such disbursements are for-
eign nationals, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Corporate Duty to Re-
port Act of 2019’’. 
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SEC. 2. RESPONSIBILITIES OF CORPORATIONS RELATING 
TO DISBURSEMENTS FROM FOREIGN NATION-
ALS FOR PURPOSES OF DISSEMINATING CAM-
PAIGN-RELATED PUBLIC COMMUNICATIONS. 
(a) RESPONSIBILITIES DESCRIBED.— 
(1) IN GENERAL.—Section 319 of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30121) 
is amended— 
(A) by redesignating subsection (b) as sub-
section (c); and 
(B) by inserting after subsection (a) the 
following new subsection: 
‘‘(b) RESPONSIBILITIES OF CORPORATIONS RELAT-
ING TO DISBURSEMENTS FROM FOREIGN NATIONALS FOR 
PURPOSES OF DISSEMINATING CAMPAIGN-RELATED PUB-
LIC COMMUNICATIONS.— 
‘‘(1) DUTIES
TO
REPORT
RECEIPT
OF
DIS-
BURSEMENTS.— 
‘‘(A) REQUIREMENT.—It shall be unlawful 
for a corporation which receives a disbursement 
and knows that the disbursement is made in 
whole or in part for purposes of disseminating 
a campaign-related public communication de-
scribed in paragraph (3) and knows that the 
person providing the disbursement is a foreign 
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national to fail to notify the Federal Bureau of 
Investigation of the receipt of the disbursement. 
‘‘(B) GOOD FAITH RELIANCE ON AFFIRMA-
TION BY PERSON PROVIDING DISBURSEMENT.— 
It is an affirmative defense to an allegation that 
a corporation committed a violation of subpara-
graph (A) that the corporation relied in good 
faith on an affirmation by the person providing 
a disbursement described in such subparagraph 
that— 
‘‘(i) the disbursement is not made in 
whole or in part for purposes of dissemi-
nating a campaign-related public commu-
nication described in paragraph (3); or 
‘‘(ii) the person providing the dis-
bursement is not a foreign national. 
‘‘(C) PENALTY.—A violation of subpara-
graph (A) shall result in a fine under title 18, 
United States Code, of not more than 
$1,000,000 for each such violation. 
‘‘(2) DUTY TO INQUIRE WHETHER DISBURSE-
MENT IS FOR CAMPAIGN PURPOSES AND WHETHER 
PERSON PROVIDING DISBURSEMENT IS A FOREIGN 
NATIONAL.— 
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‘‘(A) REQUIREMENT.—It shall be unlawful 
for a corporation which receives a disbursement 
which is made in whole or in part for purposes 
of disseminating a public communication (as de-
fined in section 301(22))— 
‘‘(i) to fail to inquire whether the 
communication is a campaign-related pub-
lic communication described in paragraph 
(3); and 
‘‘(ii) if the corporation determines 
that the communication is a campaign-re-
lated public communication), to fail to in-
quire whether the person providing the dis-
bursement is a foreign national. 
‘‘(B) CIVIL MONEY PENALTY.—A corpora-
tion which violates subparagraph (A) shall be 
subject to a civil money penalty in accordance 
with section 309, except that the amount of the 
penalty may not exceed $500,000 for each such 
violation. 
‘‘(3) CAMPAIGN-RELATED PUBLIC COMMUNICA-
TIONS DESCRIBED.—In this subsection, a ‘campaign- 
related public communication’ is— 
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‘‘(A) a public communication (as defined in 
section 301(22)) which is funded in whole or in 
part with an independent expenditure; or 
‘‘(B) an electioneering communication de-
scribed in section 304(f)(3).’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this section shall take effect upon the expiration 
of the 1-year period which begins on the date of the 
enactment of this Act. 
(b) 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 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(c) of the Federal Election 
Act of 1971 (52 U.S.C. 30121(c)), as redesignated by sub-
section (a)(1), or to inquire whether the source of the 
funds solicited, accepted, or received is a foreign national, 
as so defined. Regulations promulgated under the pro-
ceeding sentence shall also provide guidance to political 
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committees and campaigns to not engage in racial or eth-
nic profiling in making such a conclusion or inquiry. 
Æ 
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