Ethics in Foreign Lobbying Act of 1993 - Amends the Federal Election Campaign Act of 1971 to prohibit multicandidate political committees or separate segregated funds of certain organizations or corporations which are controlled by foreign persons from making any contributions or expenditures with respect to an election for Federal office. Directs the Federal Election Commission to require reporting of ownership interest percentages and to list them.
Prohibits foreign nationals from participating in the decisionmaking process of domestic organizations engaged in Federal, State, or local election-related activities.
Establishes within the Federal Election Commission a clearinghouse of public information regarding the political activities of foreign principals and their agents.
Amends the Foreign Agents Registration Act of 1938 to require agents to file quarterly supplemental registration statements.
[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 248 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 248
To amend the Federal Election Campaign Act of 1971 to prohibit
contributions and expenditures by multicandidate political committees
controlled by foreign-owned corporations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 5, 1993
Mr. McCandless introduced the following bill; which was jointly
referred to the Committees on House Administration and the Judiciary
_______________________________________________________________________
A BILL
To amend the Federal Election Campaign Act of 1971 to prohibit
contributions and expenditures by multicandidate political committees
controlled by foreign-owned corporations, 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 ``Ethics in Foreign Lobbying Act of
1993''.
SEC. 2. PROHIBITION OF CONTRIBUTIONS AND EXPENDITURES BY MULTICANDIDATE
POLITICAL COMMITTEES OR SEPARATE SEGREGATED FUNDS
SPONSORED BY FOREIGN-CONTROLLED CORPORATIONS AND
ASSOCIATIONS.
Title III of the Federal Election Campaign Act of 1971 (2 U.S.C.
441 et seq.) is amended by adding at the end the following new section:
``prohibition of contributions and expenditures by multicandidate
political committees sponsored by foreign-controlled corporations and
associations
``Sec. 324. (a) Notwithstanding any other provision of law--
``(1) no multicandidate political committee or separate
segregated fund of a foreign-controlled corporation may make
any contribution or expenditure with respect to an election for
Federal office; and
``(2) no multicandidate political committee or separate
segregated fund of a trade organization, membership
organization, cooperative, or corporation without capital stock
may make any contribution or expenditure with respect to an
election for Federal office if 50 percent or more of the
operating fund of the trade organization, membership
organization, cooperative, or corporation without capital stock
is supplied by foreign-controlled corporations or foreign
nationals.
``(b) The Commission shall--
``(1) require each multicandidate political committee or
separate segregated fund of a corporation to include in the
statement of organization of the multicandidate political
committee or separate segregated fund a statement (to be
updated annually and at any time when the percentage goes above
or below 50 percent) of the percentage of ownership interest in
the corporation that is controlled by persons other than
citizens or nationals of the United States;
``(2) require each trade association, membership
organization, cooperative, or corporation without capital stock
to include in its statement of organization of the
multicandidate political committee or separate segregated fund
(and update annually) the percentage of its operating fund that
is derived from foreign-owned corporations and foreign
nationals; and
``(3) take such action as may be necessary to enforce
subsection (a).
``(c) The Commission shall maintain a list of the identity of the
multicandidate political committees or separate segregated funds that
file reports under subsection (b), including a statement of the amounts
and percentage reported by such multicandidate political committees or
separate segregated funds.
``(d) As used in this section--
``(1) the term `foreign-owned corporation' means a
corporation at least 50 percent of the ownership interest of
which is controlled by persons other than citizens or nationals
of the United States;
``(2) the term `multicandidate political committee' has the
meaning given that term in section 315(a)(4);
``(3) the term `separate segregated fund' means a separate
segregated fund referred to in section 316(b)(2)(C); and
``(4) the term `foreign national' has the meaning given
that term in section 319.''.
SEC. 3. PROHIBITION OF CERTAIN ELECTION-RELATED ACTIVITIES OF FOREIGN
NATIONALS.
Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C.
441e) is amended by adding at the end the following new subsection:
``(c) A foreign national shall not direct, dictate, control, or
directly or indirectly participate in the decisionmaking process of any
person, such as a corporation, labor organization, or political
committee, with regard to such person's Federal or non-Federal
election-related activities, such as decisions concerning the making of
contributions or expenditures in connection with elections for any
local, State, or Federal office or decisions concerning the
administration of a political committee.''.
SEC. 4. ESTABLISHMENT OF A CLEARINGHOUSE OF POLITICAL ACTIVITIES
INFORMATION WITHIN THE FEDERAL ELECTION COMMISSION.
(a) There shall be established within the Federal Election
Commission a clearinghouse of existing public information regarding the
political activities of foreign principals and foreign agents (as
defined by the Foreign Agents Registration Act of 1938, as amended).
The information comprising this clearinghouse shall include and be
solely limited to the following:
(1) Existing publicly disclosed registrations and quarterly
reports required by the Federal Regulation of Lobbying Act (2
U.S.C. 261-270).
(2) Existing publicly disclosed registrations and quarterly
reports required by the Foreign Agents Registration Act, as
amended (22 U.S.C. 611-621).
(3) The catalogue of public hearings, hearings witnesses
and witness affiliations as printed in the Congressional
Record.
(4) Existing public information disclosed pursuant to House
and Senate rules regarding honoraria, the receipt of gifts,
travel, earned and unearned income, post-congressional
employment, and conflict of interest regulations.
(5) Existing public information disclosed pursuant to the
requirements of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.).
(b) Notwithstanding any other provision of law, the disclosure by
the clearinghouse of any information other than that set forth in
subsection (a) shall be prohibited except by Act of Congress.
(c) A Director shall administer and manage the responsibilities and
all activities of the clearinghouse.
(d) The Director shall be appointed by the Federal Election
Commission.
(e) The Director shall serve a single term not to exceed 5 years.
(f) There shall be authorized such sums as necessary to conduct
activities of the clearinghouse.
SEC. 5. DUTIES AND RESPONSIBILITIES OF THE DIRECTOR OF THE
CLEARINGHOUSE.
(a) In General.--It shall be the duty of the Director--
(1) to develop a filing, coding, and cross-indexing system
to carry out the purposes of this Act (which shall include an
index of all persons identified in the reports, registrations,
and other existing public disclosures filed under this Act);
(2) notwithstanding any other provision of law, to make
copies of registrations, reports and public disclosures filed
with him under this Act available for public inspection and
copying, commencing as soon as practicable, and to permit
copying of any such registration or report by hand or by
copying machine or, at the request of any person, to furnish a
copy of any such registration or report upon payment of the
cost of making and furnishing such copy; but no information
contained in such registration or report shall be sold or
utilized by any person for the purpose of soliciting
contributions or for any profit-making purpose;
(3) to compile and summarize, for each calendar quarter,
the information contained in such registrations, reports, and
other existing public disclosures required by this Act in a
manner which facilitates the disclosure of political
activities, including, but not limited to, information on--
(A) political activities pertaining to issues
before the Congress and issues before the executive
branch; and
(B) the political activities of individuals,
organizations, foreign principals, and foreign agents
who share an economic, business, or other common
interest;
(4) to make the information compiled and summarized under
paragraph (3) available to the public within 30 days after the
close of each quarterly period, and to publish such information
in the Federal Register at the earliest practicable
opportunity;
(5) not later than 150 days after the date of the enactment
of this Act and at any time thereafter, to prescribe, in
consultation with the Comptroller General of the United States,
rules, regulations, and forms, in conformity with the
provisions of chapter 5 of title 5, United States Code, as are
necessary to carry out the provisions of this Act in the most
effective and efficient manner;
(6) at the request of any Member of the Senate or the House
of Representatives, to prepare and submit to such Member a
special study or report relating to the political activities of
any person, such report to consist solely of the information in
the registrations, reports, and other publicly disclosed
information required in this Act;
(7) to require the accurate, timely, and complete transfer
of information required under section 1 of this Act to the
clearinghouse; and
(8) to refer to the Comptroller General for investigation
any instances where registrations, reports, and political
information required in section 1 of this Act are not forwarded
to the clearinghouse in an accurate, timely, and complete
fashion.
(b) Definitions.--As used in this section--
(1) the term ``issue before the Congress'' means the total
of all matters, both substantive and procedural, relating to
(A) any pending or proposed bill, resolution, report,
nomination, treaty, hearing, investigation, or other similar
matter in either the Senate or the House of Representatives or
any committee or office of the Congress, or (B) any action or
proposed action by a Member, officer, or employee of the
Congress to affect, or attempt to affect, any action or
proposed action by any officer or employee of the executive
branch; and
(2) the term ``issue before the executive branch'' means
the total of all matters, both substantive and procedural,
relating to any action or possible action by any executive
agency, or by any officer or employee of the executive branch,
concerning (A) any pending or proposed rule, rule of practice,
adjudication, regulation, determination, hearing,
investigation, contract, grant, license, negotiation, or the
appointment of officers and employees, other than appointments
in the competitive service, or (B) any issue before the
Congress.
SEC. 6. AMENDMENTS TO THE FOREIGN AGENTS REGISTRATION ACT OF 1938, AS
AMENDED.
(a) Section 2(b) of the Foreign Agents Registration Act of 1938, as
amended, is amended in the first sentence by striking out ``, within
thirty days'' and all that follows through ``preceding six months'
period'' and inserting in lieu thereof ``on January 31, April 30, July
31, and October 31 of each year, file with the Attorney General a
supplement thereto on a form prescribed by the Attorney General, which
shall set forth regarding the three-month periods ending the previous
December 31, March 31, June 30, and September 30, respectively, or if a
lesser period, the period since the initial filing,''.
(b) Section 3(g) of the Foreign Agents Registration Act of 1938, as
amended, is amended by inserting after ``whether formal or informal.''
the following: ``Notwithstanding any other provision of law, persons
covered by this subsection shall be exempt only upon filing with the
Attorney General an affirmative request for exemption.''.
(c) Section 8 of the Foreign Agents Registration Act of 1938, as
amended, is amended by adding at the end thereof the following:
``(i)(1) Any person who is determined, after notice and opportunity
for an administrative hearing--
``(A) to have failed to file a registration statement under
section 2(a) or a supplement thereto under section 2(b),
``(B) to have omitted a material fact required to be stated
therein, or
``(C) to have made a false statement with respect to such a
material fact,
shall be required to pay a civil penalty in an amount not less than
$2,000 or more than $5,000 for each violation committed. In determining
the amount of the penalty, the Attorney General shall give due
consideration to the nature and duration of the violation.
``(2)(A) In conducting investigations and hearings under paragraph
(1), administrative law judges may, if necessary, compel by subpoena
the attendance of witnesses and the production of evidence at any
designated place or hearing.
``(B) In the case of contumacy or refusal to obey a subpoena
lawfully issued under this paragraph and, upon application by the
Attorney General, an appropriate district court of the United States
may issue an order requiring compliance with such subpoena and any
failure to obey such order may be punished by such court as contempt
thereof.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
Referred to the House Committee on Judiciary.
Referred to the Subcommittee on Administrative Law and Governmental Relations.
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