[Congressional Record Volume 144, Number 95 (Thursday, July 16, 1998)]
[House]
[Pages H5738-H5739]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 6 of rule XXIII, proposed amendments were submitted as 
follows:

                               H.R. 2183

                   Offered By: Mr. Smith of Michigan

         (To the Amendment Offered By Mr. Shays or Mr. Meehan)

       Amendment No. 165: Add at the end of title V the following 
     new sections (and conform the table of contents accordingly):

     SEC. 510. PENALTY FOR VIOLATION OF PROHIBITION AGAINST 
                   FOREIGN CONTRIBUTIONS.

       (a) In General.--Section 319 of the Federal Election 
     Campaign Act of 1971 (2 U.S.C. 441e) is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b)(1) Except as provided in paragraph (2), 
     notwithstanding any other provision of this title any person 
     who violates subsection (a) shall be sentenced to a term of 
     imprisonment which may not be less than 5 years or more than 
     20 years, fined in an amount not to exceed $1,000,000, or 
     both.
       ``(2) Paragraph (1) shall not apply with respect to any 
     violation of subsection (a) arising from a contribution or 
     donation made by an individual who is lawfully admitted for 
     permanent residence (as defined in section 101(a)(20) of the 
     Immigration and Nationality Act).''.
       (b) Effective Date.--The amendments made by this section 
     shall apply with respect to violations occurring on or after 
     the date of the enactment of this Act.

     SEC. 511. DEPOSIT OF CERTAIN CONTRIBUTIONS AND DONATIONS IN 
                   TREASURY ACCOUNT.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431 et seq.), as amended by sections 
     101, 401, and 507, is further amended by adding at the end 
     the following new section:


 ``treatment of certain contributions and donations to be returned to 
                                 donors

       ``Sec. 326. (a) Transfer to Commission.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, if a political committee intends to return any 
     contribution or donation given to the political committee, 
     the committee shall transfer the contribution or donation to 
     the Commission if--
       ``(A) the contribution or donation is in an amount equal to 
     or greater than $500 (other than a contribution or donation 
     returned within 60 days of receipt by the committee); or
       ``(B) the contribution or donation was made in violation of 
     section 315, 316, 317, 319, or 320 (other than a contribution 
     or donation returned within 30 days of receipt by the 
     committee).
       ``(2) Information included with transferred contribution or 
     donation.--A political committee shall include with any 
     contribution or donation transferred under paragraph (1)--
       ``(A) a request that the Commission return the contribution 
     or donation to the person making the contribution or 
     donation; and
       ``(B) information regarding the circumstances surrounding 
     the making of the contribution or donation and any opinion of 
     the political committee concerning whether the contribution 
     or donation may have been made in violation of this Act.
       ``(3) Establishment of escrow account.--
       ``(A) In general.--The Commission shall establish a single 
     interest-bearing escrow account for deposit of amounts 
     transferred under paragraph (1).
       ``(B) Disposition of amounts received.--On receiving an 
     amount from a political committee under paragraph (1), the 
     Commission shall--
       ``(i) deposit the amount in the escrow account established 
     under subparagraph (A); and
       ``(ii) notify the Attorney General and the Commissioner of 
     the Internal Revenue Service of the receipt of the amount 
     from the political committee.
       ``(C) Use of interest.--Interest earned on amounts in the 
     escrow account established under subparagraph (A) shall be 
     applied or used for the same purposes as the donation or 
     contribution on which it is earned.
       ``(4) Treatment of returned contribution or donation as a 
     complaint.--The transfer of any contribution or donation to 
     the Commission under this section shall be treated as the 
     filing of a complaint under section 309(a).
       ``(b) Use of Amounts Placed in Escrow To Cover Fines and 
     Penalties.--The Commission or the Attorney General may 
     require any amount deposited in the escrow account under 
     subsection (a)(3) to be applied toward the payment of any 
     fine or penalty imposed under this Act or title 18, United 
     States Code against the person making the contribution or 
     donation.
       ``(c) Return of Contribution or Donation After Deposit in 
     Escrow.--
       ``(1) In general.--The Commission shall return a 
     contribution or donation deposited in the escrow account 
     under subsection (a)(3) to the person making the contribution 
     or donation if--
       ``(A) within 180 days after the date the contribution or 
     donation is transferred, the Commission has not made a 
     determination under section 309(a)(2) that the Commission has 
     reason to believe that the making of the contribution or 
     donation was made in violation of this Act; or
       ``(B)(i) the contribution or donation will not be used to 
     cover fines, penalties, or costs pursuant to subsection (b); 
     or
       ``(ii) if the contribution or donation will be used for 
     those purposes, that the amounts required for those purposes 
     have been withdrawn from the escrow account and subtracted 
     from the returnable contribution or donation.
       ``(2) No effect on status of investigation.--The return of 
     a contribution or donation by the Commission under this 
     subsection shall not be construed as having an effect on the 
     status of an investigation by the Commission or the Attorney 
     General of the contribution or donation or the circumstances 
     surrounding the contribution or donation, or on the ability 
     of the Commission or the Attorney General to take future 
     actions with respect to the contribution or donation.''.
       (b) Amounts Used to Determine Amount of Penalty for 
     Violation.--Section 309(a) of such Act (2 U.S.C. 437g(a)) is 
     amended by inserting after paragraph (9) the following new 
     paragraph:
       ``(10) For purposes of determining the amount of a civil 
     penalty imposed under this subsection for violations of 
     section 326, the amount of the donation involved shall be 
     treated as the amount of the contribution involved.''.
       (c) Donation Defined.--Section 301 of such Act (2 U.S.C. 
     431), as amended by sections 201(b) and 307(b), is further 
     amended by adding at the end the following:
       ``(22) Donation.--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)).''.
       (d) Disgorgement Authority.--Section 309 of such Act (2 
     U.S.C. 437g) is amended by adding at the end the following 
     new subsection:
       ``(e) Any conciliation agreement, civil action, or criminal 
     action entered into or instituted under this section may 
     require a person to forfeit to the Treasury any contribution, 
     donation, or expenditure that is the subject of the agreement 
     or action for transfer to the Commission for deposit in 
     accordance with section 326.''.
       (e) Effective Date.--The amendments made by subsections 
     (a), (b), and (c) shall apply to contributions or donations 
     refunded on or after the date of the enactment of this Act, 
     without regard to whether the Federal

[[Page H5739]]

     Election Commission or Attorney General has issued 
     regulations to carry out section 326 of the Federal Election 
     Campaign Act of 1971 (as added by subsection (a)) by such 
     date.

                               H.R. 4194

                        Offered By: Mr. Bereuter

       Amendment No. 20: Page 91, after line 3, insert the 
     following:
       Sec. 425. None of the funds made available by this Act may 
     be used by the Administrator of the Environmental Protection 
     Agency to implement or enforce any national primary drinking 
     water regulation for copper in drinking water promulgated 
     under the Safe Drinking Water Act (42 U.S.C. 300f et seq.).

                               H.R. 4194

                        Offered By: Mr. Bereuter

       Amendment No. 21: Page 91, after line 3, insert the 
     following:
       Sec. 425. No part of any funds made available by this Act 
     may be used to pay salaries and expenses of any officer or 
     employee of the Environmental Protection Agency to propose, 
     promulgate, or implement any rule under the Safe Drinking 
     Water Act requiring public water systems to use disinfection 
     for public water systems which rely on ground water.

                               H.R. 4194

                        Offered By: Mr. Hinchey

       Amendment No. 22: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. 425. None of the funds made available in this Act may 
     be used by the Department of Veterans Affairs to implement or 
     administer the Veterans Equitable Resource Allocation system.

                               H.R. 4194

                  Offered By: Ms. Jackson-Lee of Texas

       Amendment No. 23: Page 17, line 25, insert ``(increased by 
     $183,000,000)'' after ``$10,240,542,030''.
       Page 20, line 22, insert ``(increased by $183,000,000)'' 
     after ``$100,000,000''.
       Page 24, line 2, insert ``(decreased by $183,000,000)'' 
     after ``$3,000,000,000''.

                               H.R. 4194

                         Offered By: Mr. Riggs

       Amendment No. 24: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. ____. None of the funds appropriated by title II may 
     be provided to any locality that requires as a condition for 
     an organization to contract with, or receive a grant from, 
     the locality, that the organization provide health care 
     benefits for unmarried, domestic partners of individuals who 
     are provided such benefits on the basis of their employment 
     by or other relationship with the organization.

                               H.R. 4194

                         Offered By: Mr. Riggs

       Amendment No. 25: At the end of the bill, insert after the 
     last section (preceding the short title) the following new 
     section:
       Sec. ____. None of the funds appropriated by title II may 
     be provided to the political entity known as the City and 
     County of San Francisco, California.

                               H.R. 4194

                       Introduced By: Mr. Sanford

       Amendment No. 26: page 76, line 24 strike ``2,745,000,000'' 
     and insert ``2,545,700,000.''
       Page 90, line 18 strike ``, and $70,000,000 is appropriated 
     to the National Science Foundation, `Research and related 
     activities'.'' and insert ``.''

                               H.R. 4194

                        Offered By: Mr. Stearns

       Amendment No. 27: Page 91, after line 3, insert the 
     following:
       Sec. 425. No part of any funds made available by this Act 
     may be used to pay salaries and expenses of any officer or 
     employee of the Council on Environmental Quality to carry out 
     any activity regarding the American Heritage River 
     Initiative.