[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4869 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4869

  To amend the Federal Election Campaign Act of 1971 to prohibit all 
  disbursements by foreign nationals in connection with campaigns for 
 election for Federal, State, and local office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 1998

  Mr. Leach introduced the following bill; which was referred to the 
                      Committee on House Oversight

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal Election Campaign Act of 1971 to prohibit all 
  disbursements by foreign nationals in connection with campaigns for 
 election for Federal, State, and local office, 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. FINDINGS.

    Congress finds as follows:
            (1) Section 319 of the Federal Election Campaign Act of 
        1971 prohibits the making, solicitation, acceptance, and 
        receipt of contributions from foreign nationals in connection 
        with political campaigns.
            (2) The purpose of section 319 is to ensure that all 
        elections in the United States are free from any financial 
        influence from foreign sources.
            (3) The plain language of section 319, as in effect prior 
        to the date of the enactment of this Act, states clearly that 
        the prohibition applies not only in connection with campaigns 
        for elections for Federal office but elections for all State 
        and local offices in the United States.
            (4) A recent ruling by the United States District Court for 
        the District of Columbia (United States of America v. Yah Lin 
        ``Charlie'' Trie, Criminal No. 98-0029, October 9, 1998) that 
        the prohibition against political contributions by foreign 
        nationals applies only to donations of so-called ``hard money'' 
        and not to donations of what is commonly referred to as ``soft 
        money'', has created uncertainty as to the proper application 
        of section 319.
            (5) In order to ensure the successful enforcement of the 
        ban against the use of foreign money to influence political 
        campaigns, it is critical that any uncertainty as to the scope 
        of section 319 as reflected in the ruling described above be 
        addressed by Congress.

SEC. 2. BAN ON DISBURSEMENTS OF SOFT MONEY BY FOREIGN NATIONALS.

    (a) Prohibition on All Disbursements by Foreign Nationals in 
Connection With Federal, State, and Local Elections.--Section 319 of 
the Federal Election Campaign Act of 1971 (2 U.S.C. 441e) is amended--
            (1) in the heading, by striking ``contributions'' and 
        inserting ``contributions and disbursements'';
            (2) in subsection (a), by striking ``contribution'' each 
        place it appears and inserting ``contribution or 
        disbursement''; and
            (3) in subsection (a), by striking the semicolon and 
        inserting the following: ``, including any contribution or 
        disbursement to a political committee of a political party and 
        any contribution or disbursement for an independent 
        expenditure;''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to contributions and disbursements made on or after 
the date of the enactment of this Act.
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