HR 4517 IHCommentsClose CommentsPermalink

To amend the Federal Election Campaign Act of 1971 to apply the ban on contributions and expenditures by foreign nationals to domestic corporations which are owned or controlled by foreign principals, to increase the civil penalties applicable to foreign nationals who violate the ban, and for other purposes.CommentsClose CommentsPermalink

January 26, 2010CommentsClose CommentsPermalink

Mr. HALL of New York (for himself, Mr. COHEN, and Ms. MCCOLLUM) introduced the following bill; which was referred to the Committee on House AdministrationCommentsClose CommentsPermalink

To amend the Federal Election Campaign Act of 1971 to apply the ban on contributions and expenditures by foreign nationals to domestic corporations which are owned or controlled by foreign principals, to increase the civil penalties applicable to foreign nationals who violate the ban, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Freedom From Foreign-Based Manipulation in American Elections Act of 2010’.CommentsClose CommentsPermalink

SEC. 2. APPLICATION OF BAN ON CONTRIBUTIONS AND EXPENDITURES BY FOREIGN NATIONALS TO FOREIGN-CONTROLLED DOMESTIC CORPORATIONS.

(a) Application of Ban- Section 319(b) of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e(b)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘or’ at the end of paragraph (1);CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (2) and inserting ‘; or’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) a corporation (other than a foreign principal, as so defined) with respect to which--CommentsClose CommentsPermalink





‘(A) the number of shares which are owned directly or indirectly by foreign principals is equal to or greater than 5 percent of the total number of outstanding shares of the corporation;CommentsClose CommentsPermalink





‘(B) one or more foreign principals serves on the board of directors; orCommentsClose CommentsPermalink





‘(C) one or more foreign principals is employed in a senior executive position.’.CommentsClose CommentsPermalink





(b) Increase in Civil Money Penalties for Violations-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 319 of such Act (2 U.S.C. 441e) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Civil Money Penalty for Violations-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A foreign national who violates subsection (a) shall pay a civil money penalty of $1,000,000.CommentsClose CommentsPermalink





‘(2) ADDITIONAL PENALTY FOR MAKING DISBURSEMENTS FOR ELECTIONEERING COMMUNICATIONS- In addition to the penalty under paragraph (1), a foreign national who makes a disbursement for an electioneering communication shall pay a civil money penalty equal to the product of--CommentsClose CommentsPermalink





‘(A) $50,000; andCommentsClose CommentsPermalink





‘(B) the number of days on which the communication was aired.CommentsClose CommentsPermalink





‘(3) INELIGIBILITY FOR GOVERNMENT CONTRACT- A foreign national who violates subsection (a) shall be ineligible to enter into any contract with the United States for the provision of any goods, supplies, or services.CommentsClose CommentsPermalink





‘(4) NO EFFECT ON CRIMINAL PENALTIES- Nothing in this subsection shall be construed to affect the application of any criminal penalty to a foreign national who violates subsection (a).’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENTS- Section 309(a) of such Act (2 U.S.C. 437g(a)) is amended--CommentsClose CommentsPermalink





(A) in paragraph (5)(B), by striking ‘If the Commission’ and inserting ‘Subject to section 319(c) in the case of a violation of such section, if the Commission’; andCommentsClose CommentsPermalink





(B) in paragraph (6)(C), by striking ‘In any civil action’ and inserting ‘Subject to section 319(c) in the case of a violation of such section, in any civil action’.CommentsClose CommentsPermalink

SEC. 3. EFFECTIVE DATE.

The amendments made by this Act shall apply with respect to contributions, donations, expenditures, independent expenditures, and disbursements for electioneering communications under the Federal Election Campaign Act of 1971 which are made on or after the date of the enactment of this Act.CommentsClose CommentsPermalink