I 
116TH CONGRESS 
1ST SESSION H. R. 3236 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2019 
Mr. MALINOWSKI (for himself, Mr. RASKIN, Mr. HIMES, Mr. PHILLIPS, and 
Mr. CASTEN of Illinois) 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 
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 sup-
port of the candidate or committee from a foreign na-
tional for purposes of the ban on such solicitations under 
such Act, 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 ‘‘Anti-Collusion Act’’. 
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SEC. 2. RESTRICTIONS ON EXCHANGE OF CAMPAIGN IN-
FORMATION 
BETWEEN 
CANDIDATES 
AND 
FOREIGN POWERS. 
Section 319 of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30121) is amended by adding at the 
end the following new subsection: 
‘‘(c) RESTRICTIONS ON EXCHANGE OF INFORMATION 
BETWEEN CANDIDATES AND FOREIGN POWERS.— 
‘‘(1) TREATMENT OF OFFER TO SHARE NON-
PUBLIC CAMPAIGN MATERIAL AS SOLICITATION OF 
CONTRIBUTION
FROM
FOREIGN
NATIONAL.—If a 
candidate or an individual affiliated with the cam-
paign 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, com-
mittee, or individual (as the case may be) shall be 
considered for purposes of this section to have solic-
ited a contribution or donation described in sub-
section (a)(1)(A) from a foreign national. 
‘‘(2) SUSPICIOUS ACTIVITY REPORTS.— 
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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 en-
actment of this paragraph. 
‘‘(3) DEFINITIONS.—In this subsection, the fol-
lowing definitions apply: 
‘‘(A) The term ‘agent of a foreign power’ 
means any person who acts as an agent, rep-
resentative, employee or servant, or any person 
who acts in any other capacity at the order, re-
quest, or under the direction or control, of a 
foreign power or of any person whose activities 
are directly or indirectly supervised, directed, 
controlled, financed, or subsidized in whole or 
in major part by a foreign power. 
‘‘(B) The term ‘candidate’ means an indi-
vidual who seeks nomination for, or election to, 
any Federal, State, or local public office. 
‘‘(C) The term ‘foreign power’ means— 
‘‘(i) a government of a foreign coun-
try, as defined in section 1(e) of the For-
eign Agents Registration Act of 1938, as 
Amended (22 U.S.C. 611(e)); 
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‘‘(ii) a foreign political party, as de-
fined in section 1(f) of the Foreign Agents 
Registration Act of 1938, as Amended (22 
U.S.C. 611(f)); or 
‘‘(iii) a partnership, association, cor-
poration, organization, or other combina-
tion 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’ means, with respect to a candidate, 
an employee of any organization legally author-
ized under Federal, State, or local law to sup-
port the candidate’s campaign for nomination 
for, or election to, any Federal, State, or local 
public office, as well as any independent con-
tractor of such an organization and any indi-
vidual who performs services on behalf of the 
organization, whether paid or unpaid. 
‘‘(E) The term ‘individual affiliated with a 
political committee’ means, with respect to a 
political committee, an employee of the com-
mittee as well as any independent contractor of 
the committee and any individual who performs 
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services on behalf of the committee, whether 
paid or unpaid. 
‘‘(F) The term ‘nonpublic campaign mate-
rial’ means, with respect to a candidate or a po-
litical committee, campaign material that is 
produced by the candidate or the committee or 
produced at the candidate or committee’s ex-
pense or request which is not distributed or 
made available to the general public or other-
wise in the public domain, including polling and 
focus group data and opposition research, ex-
cept that such term does not include material 
produced for purposes of consultations relating 
solely to the candidate’s or committee’s position 
on a legislative or policy matter. 
‘‘(G) The term ‘offer of assistance’ means, 
with respect to a candidate or a political com-
mittee, an offer to provide direct assistance to 
the candidate or committee with respect to ac-
tivities of the candidate or committee, including 
an offer to provide polling information, opposi-
tion research, or similar information, including 
information that would reasonably be expected 
to have been obtained through illicit means, ex-
cept that such term does not include an offer 
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to engage in consultations relating solely to the 
candidate’s or committee’s position on a legisla-
tive or policy matter or an offer to provide ma-
terial produced solely for purposes of such con-
sultations.’’. 
SEC. 3. DUTY OF CANDIDATES AND COMMITTEES TO FILE 
SUSPICIOUS ACTIVITY REPORTS AFTER RE-
CEIVING OFFER OF UNLAWFUL ASSISTANCE. 
Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 325. DUTY OF CANDIDATES AND COMMITTEES TO 
FILE SUSPICIOUS ACTIVITY REPORTS AFTER 
RECEIVING OFFER OF UNLAWFUL ASSIST-
ANCE. 
‘‘(a) DUTY TO FILE.—If a candidate or any indi-
vidual affiliated with a campaign of a candidate, or if a 
political committee or an individual affiliated with a polit-
ical committee, knowingly receives an offer of unlawful as-
sistance 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, 
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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 activ-
ity 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 wheth-
er or not the Attorney General takes any action in re-
sponse to the report. 
‘‘(c) DEFINITIONS.—In this section, the following 
definitions apply: 
‘‘(1) The term ‘individual affiliated with a cam-
paign’ means, with respect to a candidate, an em-
ployee of any authorized committee of the candidate, 
as well as any independent contractor of an author-
ized committee of the candidate and any individual 
who performs services on behalf of the committee, 
whether paid or unpaid. 
‘‘(2) The term ‘individual affiliated with a polit-
ical committee’ means, with respect to a political 
committee, an employee of the committee as well as 
any independent contractor of the committee and 
any individual who performs services on behalf of 
the committee, whether paid or unpaid. 
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‘‘(3) The term ‘offer of unlawful assistance’ 
means, with respect to a candidate or a political 
committee, an offer by a person to provide direct as-
sistance to the candidate or committee which con-
sists of providing information (including polling in-
formation, opposition research, or similar informa-
tion) that the candidate, committee, or individual 
knows or reasonably should know was obtained by 
such person through illicit means, except that such 
term does not include an offer to engage in consulta-
tions relating solely to the candidate’s or commit-
tee’s position on a legislative or policy matter or an 
offer to provide material produced solely for pur-
poses of such consultations. 
‘‘(d) EFFECTIVE DATE.—This section shall take ef-
fect upon the expiration of the 120-day period which be-
gins on the date of the enactment of this section.’’. 
Æ 
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