[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4517 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 4517
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.
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IN THE HOUSE OF REPRESENTATIVES
January 26, 2010
Mr. Hall of New York (for himself, Mr. Cohen, and Ms. McCollum)
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 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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Freedom From Foreign-Based
Manipulation in American Elections Act of 2010''.
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--
(1) by striking ``or'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) a corporation (other than a foreign principal, as so
defined) with respect to which--
``(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;
``(B) one or more foreign principals serves on the
board of directors; or
``(C) one or more foreign principals is employed in
a senior executive position.''.
(b) Increase in Civil Money Penalties for Violations.--
(1) In general.--Section 319 of such Act (2 U.S.C. 441e) is
amended by adding at the end the following new subsection:
``(c) Civil Money Penalty for Violations.--
``(1) In general.--A foreign national who violates
subsection (a) shall pay a civil money penalty of $1,000,000.
``(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--
``(A) $50,000; and
``(B) the number of days on which the communication
was aired.
``(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.
``(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).''.
(2) Conforming amendments.--Section 309(a) of such Act (2
U.S.C. 437g(a)) is amended--
(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''; and
(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''.
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.
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