Protect Democracy From Criminal Corporations Act

I 116TH CONGRESS 1ST SESSION H. R. 3004 To amend the Federal Election Campaign Act of 1971 to prohibit criminal corporations from making disbursements of funds in connection with a campaign for election for Federal, State, or local office. IN THE HOUSE OF REPRESENTATIVES MAY 23, 2019 Ms. OMAR (for herself, Mrs. TRAHAN, Ms. SCHAKOWSKY, Ms. TLAIB, Ms. PRESSLEY, and Ms. OCASIO-CORTEZ) 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 prohibit criminal corporations from making disburse- ments of funds in connection with a campaign for elec- tion for Federal, State, or local office. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Protect Democracy 4 From Criminal Corporations Act’’. 5 VerDate Sep 11 2014 00:00 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3004.IH H3004 kjohnson on DSK79L0C42 with BILLS 2 •HR 3004 IH SEC. 2. PROHIBITING POLITICAL SPENDING BY CRIMINAL 1 CORPORATIONS. 2 (a) PROHIBITION.—Title III of the Federal Election 3 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 4 amended by adding at the end the following new section: 5 ‘‘SEC. 325. PROHIBITING POLITICAL SPENDING BY CRIMI- 6 NAL CORPORATIONS. 7 ‘‘(a) PROHIBITION.— 8 ‘‘(1) IN GENERAL.—To the extent that corpora- 9 tions are permitted under law to make a disburse- 10 ment of funds in connection with a campaign for 11 election for Federal, State, or local office, including 12 a disbursement consisting of a contribution or dona- 13 tion of money or other thing of value, an inde- 14 pendent expenditure, or a disbursement for an elec- 15 tioneering communication (as defined in section 16 304(f)(3)), it shall be unlawful for a corporation 17 which is a criminal corporation, or for any separate 18 segregated fund established under section 19 316(b)(2)(C) by a criminal corporation, to make 20 such a disbursement during the applicable period de- 21 scribed in paragraph (2). 22 ‘‘(2) APPLICABLE PERIOD DESCRIBED.—In 23 paragraph (1), the ‘applicable period’ with respect to 24 a criminal corporation is the 10-year period which 25 begins— 26 VerDate Sep 11 2014 00:00 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3004.IH H3004 kjohnson on DSK79L0C42 with BILLS 3 •HR 3004 IH ‘‘(A) in the case of a criminal corporation 1 described in paragraph (1) of subsection (b), on 2 the date on which the corporation is finally con- 3 victed of the offense described in such para- 4 graph; or 5 ‘‘(B) in the case of a criminal corporation 6 described in paragraph (2) of subsection (b), on 7 the date on which the corporation enters into 8 an agreement described in such paragraph. 9 ‘‘(b) CRIMINAL CORPORATION DEFINED.—In this 10 section, the term ‘criminal corporation’ means a corpora- 11 tion— 12 ‘‘(1) which has been convicted of violating sec- 13 tion 371 of title 18, United States Code (relating to 14 conspiracy to commit offense or to defraud the 15 United States), or any other felony involving dishon- 16 esty or a breach of trust; or 17 ‘‘(2) which has been charged with violating sec- 18 tion 371 of such title or with another felony involv- 19 ing dishonesty or a breach of trust and has entered 20 into a nonprosecution agreement, a deferred pros- 21 ecution agreement, or any other agreement with the 22 Attorney General to resolve the charge, if the terms 23 and conditions of the agreement include a require- 24 VerDate Sep 11 2014 00:00 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3004.IH H3004 kjohnson on DSK79L0C42 with BILLS 4 •HR 3004 IH ment that the corporation make a payment equal to 1 or greater than $1,000,000.’’. 2 (b) EFFECTIVE DATE.—The amendment made by 3 subsection (a) shall apply with respect to a corporation 4 which is convicted of the offense described in paragraph 5 (1) of section 325(b) of the Federal Election Campaign 6 Act of 1971 (as added by subsection (a)), or which enters 7 into an agreement described in paragraph (2) of such sec- 8 tion, on or after the date of the enactment of this Act. 9 Æ VerDate Sep 11 2014 00:00 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3004.IH H3004 kjohnson on DSK79L0C42 with BILLS