I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Freedom From For3 eign-Based Manipulation in American Elections Act of 

4 2010’’. 

5 SEC. 2. APPLICATION OF BAN ON CONTRIBUTIONS AND EX6 PENDITURES BY FOREIGN NATIONALS TO 

7 FOREIGN-CONTROLLED DOMESTIC COR8 PORATIONS. 

9 (a) APPLICATION OF BAN.—Section 319(b) of the 

10 Federal Election Campaign Act of 1971 (2 U.S.C. 

11 441e(b)) is amended— 

12 (1) by striking ‘‘or’’ at the end of paragraph 

13 (1); 

14 (2) by striking the period at the end of para15 graph (2) and inserting ‘‘; or’’; and 

16 (3) by adding at the end the following new 

17 paragraph: 

18 ‘‘(3) a corporation (other than a foreign prin19 cipal, as so defined) with respect to which— 

20 ‘‘(A) the number of shares which are 

21 owned directly or indirectly by foreign prin22 cipals is equal to or greater than 5 percent of 

23 the total number of outstanding shares of the 

24 corporation; 

25 ‘‘(B) one or more foreign principals serves 

26 on the board of directors; or 


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1 ‘‘(C) one or more foreign principals is em2 ployed in a senior executive position.’’. 

3 (b) INCREASE IN CIVIL MONEY PENALTIES FOR VIO4 LATIONS.— 

5 (1) IN GENERAL.—Section 319 of such Act (2 

6 U.S.C. 441e) is amended by adding at the end the 

7 following new subsection: 

8 ‘‘(c) CIVIL MONEY PENALTY FOR VIOLATIONS.— 

9 ‘‘(1) IN GENERAL.—A foreign national who vio10 lates subsection (a) shall pay a civil money penalty 

11 of $1,000,000. 

12 ‘‘(2) ADDITIONAL PENALTY FOR MAKING DIS13 BURSEMENTS FOR ELECTIONEERING COMMUNICA14 TIONS.—In addition to the penalty under paragraph 

15 (1), a foreign national who makes a disbursement 

16 for an electioneering communication shall pay a civil 

17 money penalty equal to the product of— 

18 ‘‘(A) $50,000; and 

19 ‘‘(B) the number of days on which the 

20 communication was aired. 

21 ‘‘(3) INELIGIBILITY FOR GOVERNMENT CON22 TRACT.—A foreign national who violates subsection 

23 (a) shall be ineligible to enter into any contract with 

24 the United States for the provision of any goods, 

25 supplies, or services. 


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1 ‘‘(4) NO EFFECT ON CRIMINAL PENALTIES.— 

2 Nothing in this subsection shall be construed to af3 fect the application of any criminal penalty to a for4 eign national who violates subsection (a).’’. 

5 (2) CONFORMING AMENDMENTS.—Section 

6 309(a) of such Act (2 U.S.C. 437g(a)) is amended— 

7 (A) in paragraph (5)(B), by striking ‘‘If 

8 the Commission’’ and inserting ‘‘Subject to sec9 tion 319(c) in the case of a violation of such 

10 section, if the Commission’’; and 

11 (B) in paragraph (6)(C), by striking ‘‘In 

12 any civil action’’ and inserting ‘‘Subject to sec13 tion 319(c) in the case of a violation of such 

14 section, in any civil action’’. 

15 SEC. 3. EFFECTIVE DATE. 

16 The amendments made by this Act shall apply with 

17 respect to contributions, donations, expenditures, inde18 pendent expenditures, and disbursements for election19 eering communications under the Federal Election Cam20 paign Act of 1971 which are made on or after the date 

21 of the enactment of this Act. 

Æ 


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