Freedom From Foreign-Based Manipulation in American Elections Act of 2010

Freedom From Foreign-Based Manipulation in American Elections Act of 2010 - Amends the Federal Election Campaign Act of 1971 to apply the ban on contributions and expenditures by foreign nationals in connection with a federal, state, or local election to corporations with respect to which: (1) the number of shares owned directly or indirectly by foreign principals is equal to or greater than 5% of the total number of the corporation's outstanding shares; (2) one or more foreign principals serves on the board of directors; or (3) one or more foreign principals is employed in a senior executive position.

Increases the civil monetary penalties applicable to foreign nationals that violate the ban.

[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.


_______________________________________________________________________


                    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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