To amend the Federal Election Campaign Act of 1971 to increase the penalties imposed for making or accepting contributions in the name of another and to prohibit foreign nationals from making any campaign-related disbursements, and for other purposes.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Conduit Contribution Prevention Act 
of 2001''.

SEC. 2. INCREASE IN PENALTIES IMPOSED FOR VIOLATIONS OF CONDUIT 
              CONTRIBUTION BAN.

    (a) Increase in Civil Money Penalty for Knowing and Willful 
Violations.--Section 309(a) of the Federal Election Campaign Act of 
1971 (2 U.S.C. 437g(a)) is amended--
            (1) in paragraph (5)(B), by inserting before the period at 
        the end the following: ``(or, in the case of a violation of 
        section 320, which is not less than 300 percent of the amount 
        involved in the violation and is not more than the greater of 
        $50,000 or 1000 percent of the amount involved in the 
        violation)''; and
            (2) in paragraph (6)(C), by inserting before the period at 
        the end the following: ``(or, in the case of a violation of 
        section 320, which is not less than 300 percent of the amount 
        involved in the violation and is not more than the greater of 
        $50,000 or 1000 percent of the amount involved in the 
        violation)''.
    (b) Increase in Criminal Penalty.--
            (1) In general.--Section 309(d)(1) of such Act (2 U.S.C. 
        437g(d)(1)) is amended by adding at the end the following new 
        subparagraph:
    ``(D) Any person who knowingly and willfully commits a violation of 
section 320 involving an amount aggregating $1,000 or more during a 
calendar year shall be fined, or imprisoned for not more than 2 years, 
or both. The amount of the fine shall not be less than 300 percent of 
the amount involved in the violation and shall not be more than the 
greater of $50,000 or 1000 percent of the amount involved in the 
violation.''.
            (2) Guidelines by united states sentencing commission.--
                    (A) In general.--The United States Sentencing 
                Commission shall
                            (i) promulgate a guideline, or amend an 
                        existing guideline under section 994 of title 
                        28, United States Code, in accordance with 
                        subparagraph (B), for penalties for violations 
                        of section 320 of the Federal Election Campaign 
                        Act of 1971; and
                            (ii) submit to Congress an explanation of 
                        any guidelines promulgated or amended under 
                        clause (i).
                    (B) Consideration of amount involved.--In 
                promulgating the guideline for penalties for violations 
                of section 320 of the Federal Election Campaign Act of 
                1971 pursuant to subparagraph (A), the United States 
                Sentencing Commission shall account for variations in 
                the amount of the contribution made in violation of 
                such section.
                    (C) Effective date; emergency authority to 
                promulgate guideline.--The United States Sentencing 
                Commission shall promulgate the guideline required 
                under this paragraph not later than 90 days after the 
                date of enactment of this Act. The Commission shall 
                promulgate such guideline 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 had not expired.
            (3) Conforming amendment.--Section 309(d)(1)(A) of such Act 
        (2 U.S.C. 437g(d)(1)(A)) is amended by inserting ``(other than 
        section 320)'' after ``this Act''.
    (c) Mandatory Referral to Attorney General.--Section 309(a)(5)(C) 
of such Act (2 U.S.C. 437(a)(5)(C)) is amended by inserting ``(or, in 
the case of a violation of section 320, shall refer such apparent 
violation to the Attorney General of the United States)'' after 
``United States''.
    (d) Statute of Limitations.--Section 406(a) of the Federal Election 
Campaign Act of 1971 (2 U.S.C. 455(a)) is amended by inserting after 
``3 years'' the following: ``(or 5 years, in the case of a violation of 
section 320)''.
    (e) 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. 3. EXTENSION OF BAN ON FOREIGN CONTRIBUTIONS TO ALL CAMPAIGN-
              RELATED DISBURSEMENTS.

    (a) Prohibition on Disbursements by Foreign Nationals.--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 ``disbursements'';
            (2) in subsection (a), by striking ``contribution'' each 
        place it appears and inserting ``disbursement''; and
            (3) in subsection (a), by striking the semicolon and 
        inserting the following: ``, including any disbursement to a 
        political committee of a political party and any disbursement 
        for an independent expenditure;''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to disbursements made on or after the date of the 
enactment of this Act.

Summary: Conduit Contribution Prevention Act of 2001 - Amends the Federal Election Campaign Act of 1971 to increase civil money and criminal penalties for knowing and willful violations of the prohibition against making or accepting contributions in the name of another. Sets both civil and criminal fines at not less than 300 percent of the amount involved in the violation and not more than the greater of $50,000 or 1,000 percent of such amount. Mandates imprisonment for two years, or the aforementioned criminal fine, or both, for criminal violations. Limits criminal penalties to violations involving an amount aggregating $1,000 or more during a calendar year. Directs the US Sentencing Commission to promulgate related sentencing guidelines. Changes from discretionary to mandatory the authority of the Federal Election Commission to refer to the Attorney General any instance of probable cause that a violation of such prohibition has occurred. Revises the current ban on contributions by foreign nationals to encompass all disbursements by foreign nationals, including any disbursement to a political committee of a political party and any disbursement for an independent expenditure.