[Congressional Record Volume 165, Number 102 (Tuesday, June 18, 2019)]
[Senate]
[Pages S3667-S3668]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 645. Mr. BLUMENTHAL (for himself, Mrs. Murray, Mr. Markey, Mr.
Heinrich, Mr. Leahy, Mr. Whitehouse, and Mr. Booker) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle H of title X, insert the following:
SEC. _. DUTY TO REPORT OFFERS BY FOREIGN NATIONALS TO MAKE
PROHIBITED CONTRIBUTIONS, DONATIONS,
EXPENDITURES, OR DISBURSEMENTS.
(a) Short Title; Findings.--
(1) Short title.--This section may be cited as the ``Duty
To Report Act''.
(2) Findings.--Congress makes the following findings:
(A) 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.
(B) 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.
(C) 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.
(D) 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.
(b) Reporting to the FEC.--
(1) 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) is amended by adding at the end the
following new subsection:
``(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 subsection (c)(3) 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, donation,
expenditure, or disbursement offered.''.
(2) Reporting meetings with foreign governments or their
agents.--Section 304 of the Federal Election Campaign Act of
1971 (52 U.S.C. 30104), as amended by paragraph (1), 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 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), the
committee shall, within 24 hours of meeting, 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 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.''.
(3) 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)), 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.
(c) Reporting Offers of Prohibited Contributions,
Donations, Expenditures, or Disbursements by Foreign
Nationals to the FBI.--
(1) In general.--If a political committee or an applicable
individual (as defined in paragraph (3)) 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--
(A) to the extent known, the name, address, and nationality
of the foreign national making the offer; and
(B) the amount and type of contribution, donation,
expenditure, or disbursement offered.
(2) Offense.--
(A) In general.--It shall be unlawful to knowingly and
willfully fail to comply with paragraph (1).
(B) Penalty.--Any person who violates subparagraph (A)
shall be fined under title 18, United States Code, imprisoned
not more than 2 years, or both.
(3) Definitions.--In this subsection:
(A) Applicable individual.--
(i) In general.--The term ``applicable individual'' means--
(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.
[[Page S3668]]
(ii) Immediate family member; individual affiliated with a
campaign.--For purposes of clause (i)--
(I) the term ``immediate family member'' 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 campaign 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).
(B) 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)).
(C) Knowingly.--The term ``knowingly'' has the meaning
given that term in section 110.20(a)(4) of title 11, Code of
Federal Regulations (or any successor regulations).
(D) Prohibited contribution, donation, expenditure, or
disbursement.--
(i) In general.--The term ``prohibited contribution,
donation, expenditure, or disbursement'' means a
contribution, donation, expenditure, or disbursement
prohibited under section 319(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(a)).
(ii) 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.
(E) Other terms.--Any term used in this subsection 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 subsection shall have the meaning given such term
under such section 301.
(d) 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), as added by subsection (b), or under subsection
(c)(1), may not be used to enforce the provisions under
chapter 4 of title II of the Immigration and Nationality Act
(8 U.S.C. 1221 et seq.) relating to the removal of
undocumented aliens.
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