II 111th CONGRESS 2d Session S. 2959 IN THE SENATE OF THE UNITED STATES January 27, 2010 Mr. Franken introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To amend the Federal Election Campaign Act of 1971 to protect Federal, State, and local elections from the influence of foreign nationals.

1.

Short title

This Act may be cited as the American Elections Act of 2010.

2.

Foreign nationals prohibited from making contributions, donations, or expenditures in connection with a Federal, State, or local election

Section 319 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended— (1)in subsection (b)— (A)in paragraph (1), by striking or at the end; (B)in paragraph (2), by striking the period at the end and inserting ; or; and (C)by adding at the end the following new paragraph: (3)any corporation (other than a foreign principal described in paragraph (1)) under foreign control or substantial foreign influence, including a corporation in which— (A)a foreign principal or an individual described in paragraph (2)— (i)provided the corporation a majority of its gross receipts for the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established during the current fiscal year; (ii)controls 20 percent or more of the voting shares of the corporation; (iii)controls a majority of the Board of Directors of the corporation; or (iv)has the power to direct, dictate, control, or directly or indirectly participate in the decisionmaking process of the corporation with respect to activities in connection with a Federal, State, or local election, such as a decision concerning— (I)the making of a contribution, donation, expenditure, or disbursement in connection with such an election; or (II)the administration of a political committee; or (B)2 or more foreign principals or individuals described in paragraph (2), in the aggregate— (i)provided the corporation a majority of its gross receipts for the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established during the current fiscal year; (ii)control 25 percent or more of the voting shares of the corporation; or (iii)control a majority of the Board of Directors of the corporation. ; and (2)by adding at the end the following new subsection: (c)

Certification of compliance

A corporation shall, prior to carrying out any activity described in subsection (a), certify (in a form and manner specified by the Commission) that the corporation is in compliance with this section. .

3.

Disclosure of influence of foreign nationals in connection with a Federal, State, or local election

Section 318 of the Federal Election Campaign Act of 1971 (2 U.S.C. 441d) is amended— (1)in subsection (a)(3)— (A)by striking shall clearly state the name and inserting “shall clearly state— (A)the name ; (B)in subparagraph (A), as added by subparagraph (A), by striking the period at the end and inserting ; and; and (C)by adding at the end the following new subparagraph: (B)if the person who paid for the communication is a corporation, the percentage of voting shares of the corporation that are controlled by a foreign national (as defined in section 319(b)) or, if no such shares exist, the percentage of gross receipts that the corporation received from a foreign national (as so defined) in the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established during the current fiscal year. ; and (2)in subsection (d)(2)— (A)by striking others.—Any communication and inserting “others.— (A)

In general

Any communication ; and (B)by adding at the end the following new subparagraph: (B)

Supplemental audio statements by corporations

(i)

Corporations with voting stock

If the person who paid for a communication described in paragraph (3) of subsection (a) is a corporation that has voting stock, such communication shall include, in addition to the requirements of that paragraph and the audio statement required under subparagraph (A), in a clearly spoken manner, the following audio statement: “ _______ of our corporation is controlled by foreign nationals.” (With the blank to be filled in with the percentage of voting shares of the corporation that is owned by foreign nationals, as defined in section 319(b)). (ii)

Corporations without voting stock

If the person who paid for a communication described in paragraph (3) of subsection (a) is a corporation that does not have voting stock, such communication shall include, in addition to the requirements of that paragraph and the audio statement required under subparagraph (A), in a clearly spoken manner, the following audio statement: “ _______ of our organization’s funds come from foreign nationals.” (With the blank to be filled in with the percentage of gross receipts for the immediately preceding fiscal year, or the current pro-rated fiscal year if the corporation was established the current fiscal year, that the corporation received from a foreign national, as defined in section 319(b)). (iii)

Transmission through television

The second sentence of subparagraph (A) shall apply to a supplemental audio statement under this paragraph in the same manner as such sentence applies to an audio statement under such subparagraph. .

4.

Severability

If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.

5.

Effective date

The provisions of and amendments made by this Act shall apply with respect to contributions and expenditures made on or after the date that is 45 days after the date of enactment of this Act.