[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1991 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1991

To amend the Federal Election Campaign Act of 1971 to enhance criminal 
penalties for election law violations, to clarify current provisions of 
law regarding donations from foreign nationals, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 1999

 Mr. Thompson (for himself, Mr. Lieberman, Ms. Collins, and Mr. Leahy) 
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 enhance criminal 
penalties for election law violations, to clarify current provisions of 
law regarding donations from foreign nationals, 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. INCREASE IN PENALTIES.

    (a) In General.--Subparagraph (A) of section 309(d)(1) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 437g(d)(1)(A)) is 
amended to read as follows:
    ``(A) Any person who knowingly and willfully commits a violation of 
any provision of this Act which involves the making, receiving, or 
reporting of any contribution, donation, or expenditure--
            ``(i) aggregating $25,000 or more during a calendar year 
        shall be fined under title 18, United States Code, or 
        imprisoned for not more than 5 years, or both; or
            ``(ii) aggregating $2,000 or more (but less than $25,000) 
        during a calendar year shall be fined under such title, or 
        imprisoned for not more than one year, or both.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to violations occurring on or after the date of enactment of this Act.

SEC. 2. STATUTE OF LIMITATIONS.

    (a) In General.--Section 406(a) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 455(a)) is amended by striking ``3'' and 
inserting ``5''.
    (b) Effective Date.--The amendment made by this section shall apply 
to violations occurring on or after the date of enactment of this Act.

SEC. 3. SENTENCING GUIDELINES.

    (a) In General.--The United States Sentencing Commission shall--
            (1) promulgate a guideline, or amend an existing guideline 
        under section 994 of title 28, United States Code, in 
        accordance with paragraph (2), for penalties for violations of 
        the Federal Election Campaign Act of 1971 and related election 
        laws; and
            (2) submit to Congress an explanation of any guidelines 
        promulgated under paragraph (1) and any legislative or 
        administrative recommendations regarding enforcement of the 
        Federal Election Campaign Act of 1971 and related election 
        laws.
    (b) Considerations.--The Commission shall provide guidelines under 
subsection (a) taking into account the following considerations:
            (1) Ensure that the sentencing guidelines and policy 
        statements reflect the serious nature of such violations and 
        the need for aggressive and appropriate law enforcement action 
        to prevent such violations.
            (2) Provide a sentencing enhancement for any person 
        convicted of such violation if such violation involves--
                    (A) a contribution, donation, or expenditure from a 
                foreign source;
                    (B) a large number of illegal transactions;
                    (C) a large aggregate amount of illegal 
                contributions, donations, or expenditures;
                    (D) the receipt or disbursement of governmental 
                funds; and
                    (E) an intent to achieve a benefit from the 
                Government.
            (3) Provide a sentencing enhancement for any violation by a 
        person who is a candidate or a high-ranking campaign official 
        for such candidate.
            (4) Assure reasonable consistency with other relevant 
        directives and guidelines of the Commission.
            (5) Account for aggravating or mitigating circumstances 
        that might justify exceptions, including circumstances for 
        which the sentencing guidelines currently provide sentencing 
        enhancements.
            (6) Assure the guidelines adequately meet the purposes of 
        sentencing under section 3553(a)(2) of title 18, United States 
        Code.
    (c) Effective Date; Emergency Authority To Promulgate Guidelines.--
            (1) Effective date.--The United States Sentencing 
        Commission shall promulgate guidelines under this section not 
        later than the later of--
                    (A) 90 days after the date of enactment of this 
                Act; or
                    (B) 90 days after the date on which at least a 
                majority of the members of the Commission are appointed 
                and holding office.
            (2) Emergency authority to promulgate guidelines.--The 
        Commission shall promulgate guidelines under this section in 
        accordance with the procedures set forth in section 21(a) of 
        the Sentencing Reform Act of 1987, as though the authority 
        under such Act has not expired.

SEC. 4. PROHIBITION ON CONTRIBUTIONS AND DONATIONS BY FOREIGN 
              NATIONALS.

    (a) In General.--Section 319(a) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 441e(a)) is amended to read as follows:
    ``(a) Prohibitions on Contributions and Donations.--
            ``(1) In general.--Subject to paragraph (2), it shall be 
        unlawful for--
                    ``(A) a foreign national, or an entity that is a 
                domestic subsidiary of a foreign national, to make, 
                directly or through any other person, any contribution 
                of money or other thing of value, or promise expressly 
                or impliedly to make any such contribution, in 
                connection with an election to any political office or 
                in connection with any primary election, convention, or 
                caucus held to select a candidate for any political 
                office or make any donation, or promise expressly or 
                impliedly to make any such donation; or
                    ``(B) any person to solicit, accept, or receive any 
                such contribution or donation from a foreign national.
            ``(2) Exception.--Paragraph (1) shall not apply to an 
        entity that is a domestic subsidiary of a foreign national if 
        the entity can demonstrate through a reasonable accounting 
        method that the entity has sufficient funds in the entity's 
        account, other than funds given or loaned by the foreign 
        national parent of the entity, from which the contribution or 
        donation is made.''.
    (b) Definition of Donation.--Section 301 of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 431) is amended by adding at the end the 
following:
            ``(20) Donation.--
                    ``(A) In general.--The term `donation' means a 
                gift, subscription, loan, advance, or deposit of money 
                or anything else of value made by any person to a 
                national committee of a political party or a Senatorial 
                or Congressional Campaign Committee of a national 
                political party for any purpose, but does not include a 
                contribution (as defined in paragraph (8)).
                    ``(B) Foreign national.--In the case of a person 
                which is a foreign national (as defined in section 
                319(b)), the term `donation' includes a gift, 
                subscription, loan, advance, or deposit of money or 
                anything else of value made by such person to a State 
                or local committee of a political party or a candidate 
                for State or local office.''.
    (c) Conforming Amendment.--Section 319 of Federal Election Campaign 
Act of 1971 (2 U.S.C. 431 et seq.) is amended by striking the heading 
and inserting ``RESTRICTIONS ON FOREIGN NATIONALS''.

SEC. 5. PROHIBITION ON DONATIONS IN NAME OF ANOTHER.

    Section 320 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
441f) is amended by inserting ``or donation'' after ``contribution'' 
each place it appears.
                                 <all>