II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. INCREASE IN PENALTIES.

4 (a) IN GENERAL.—Subparagraph (A) of section

5 309(d)(1) of the Federal Election Campaign Act of 1971

6 (2 U.S.C. 437g(d)(1)(A)) is amended to read as follows:

7 ‘‘(A) Any person who knowingly and willfully com8 mits a violation of any provision of this Act which involves
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1 the making, receiving, or reporting of any contribution,

2 donation, or expenditure—

3 ‘‘(i) aggregating $25,000 or more during a cal4 endar year shall be fined under title 18, United

5 States Code, or imprisoned for not more than 5

6 years, or both; or

7 ‘‘(ii) aggregating $2,000 or more (but less than

8 $25,000) during a calendar year shall be fined under

9 such title, or imprisoned for not more than one year,

10 or both.’’.

11 (b) EFFECTIVE DATE.—The amendment made by

12 this section shall apply to violations occurring on or after

13 the date of enactment of this Act.

14 SEC. 2. STATUTE OF LIMITATIONS.

15 (a) IN GENERAL.—Section 406(a) of the Federal

16 Election Campaign Act of 1971 (2 U.S.C. 455(a)) is

17 amended by striking ‘‘3’’ and inserting ‘‘5’’.

18 (b) EFFECTIVE DATE.—The amendment made by

19 this section shall apply to violations occurring on or after

20 the date of enactment of this Act.

21 SEC. 3. SENTENCING GUIDELINES.

22 (a) IN GENERAL.—The United States Sentencing

23 Commission shall—

24 (1) promulgate a guideline, or amend an exist25 ing guideline under section 994 of title 28, United
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1 States Code, in accordance with paragraph (2), for

2 penalties for violations of the Federal Election Cam3 paign Act of 1971 and related election laws; and

4 (2) submit to Congress an explanation of any

5 guidelines promulgated under paragraph (1) and any

6 legislative or administrative recommendations re7 garding enforcement of the Federal Election Cam8 paign Act of 1971 and related election laws.

9 (b) CONSIDERATIONS.—The Commission shall pro10 vide guidelines under subsection (a) taking into account

11 the following considerations:

12 (1) Ensure that the sentencing guidelines and

13 policy statements reflect the serious nature of such

14 violations and the need for aggressive and appro15 priate law enforcement action to prevent such viola16 tions.

17 (2) Provide a sentencing enhancement for any

18 person convicted of such violation if such violation

19 involves—

20 (A) a contribution, donation, or expendi21 ture from a foreign source;

22 (B) a large number of illegal transactions;

23 (C) a large aggregate amount of illegal

24 contributions, donations, or expenditures;
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1 (D) the receipt or disbursement of govern2 mental funds; and

3 (E) an intent to achieve a benefit from the

4 Government.

5 (3) Provide a sentencing enhancement for any

6 violation by a person who is a candidate or a high7 ranking campaign official for such candidate.

8 (4) Assure reasonable consistency with other

9 relevant directives and guidelines of the Commission.

10 (5) Account for aggravating or mitigating cir11 cumstances that might justify exceptions, including

12 circumstances for which the sentencing guidelines

13 currently provide sentencing enhancements.

14 (6) Assure the guidelines adequately meet the

15 purposes of sentencing under section 3553(a)(2) of

16 title 18, United States Code.

17 (c) EFFECTIVE DATE; EMERGENCY AUTHORITY TO

18 PROMULGATE GUIDELINES.—

19 (1) EFFECTIVE DATE.—The United States Sen20 tencing Commission shall promulgate guidelines

21 under this section not later than the later of—

22 (A) 90 days after the date of enactment of

23 this Act; or
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1 (B) 90 days after the date on which at

2 least a majority of the members of the Commis3 sion are appointed and holding office.

4 (2) EMERGENCY AUTHORITY TO PROMULGATE

5 GUIDELINES.—The Commission shall promulgate

6 guidelines under this section in accordance with the

7 procedures set forth in section 21(a) of the Sen8 tencing Reform Act of 1987, as though the authority

9 under such Act has not expired.

10 SEC. 4. PROHIBITION ON CONTRIBUTIONS AND DONATIONS

11 BY FOREIGN NATIONALS.

12 (a) IN GENERAL.—Section 319(a) of the Federal

13 Election Campaign Act of 1971 (2 U.S.C. 441e(a)) is

14 amended to read as follows:

15 ‘‘(a) PROHIBITIONS ON CONTRIBUTIONS AND DONA16 TIONS.—

17 ‘‘(1) IN GENERAL.—Subject to paragraph (2),

18 it shall be unlawful for—

19 ‘‘(A) a foreign national, or an entity that

20 is a domestic subsidiary of a foreign national,

21 to make, directly or through any other person,

22 any contribution of money or other thing of

23 value, or promise expressly or impliedly to make

24 any such contribution, in connection with an

25 election to any political office or in connection
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1 with any primary election, convention, or cau2 cus held to select a candidate for any political

3 office or make any donation, or promise ex4 pressly or impliedly to make any such donation;

5 or

6 ‘‘(B) any person to solicit, accept, or re7 ceive any such contribution or donation from a

8 foreign national.

9 ‘‘(2) EXCEPTION.—Paragraph (1) shall not

10 apply to an entity that is a domestic subsidiary of

11 a foreign national if the entity can demonstrate

12 through a reasonable accounting method that the en13 tity has sufficient funds in the entity’s account,

14 other than funds given or loaned by the foreign na15 tional parent of the entity, from which the contribu16 tion or donation is made.’’.

17 (b) DEFINITION OF DONATION.—Section 301 of the

18 Federal Election Campaign Act of 1971 (2 U.S.C. 431)

19 is amended by adding at the end the following:

20 ‘‘(20) DONATION.—

21 ‘‘(A) IN GENERAL.—The term ‘donation’

22 means a gift, subscription, loan, advance, or de23 posit of money or anything else of value made

24 by any person to a national committee of a po25 litical party or a Senatorial or Congressional
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1 Campaign Committee of a national political

2 party for any purpose, but does not include a

3 contribution (as defined in paragraph (8)).

4 ‘‘(B) FOREIGN NATIONAL.—In the case of

5 a person which is a foreign national (as defined

6 in section 319(b)), the term ‘donation’ includes

7 a gift, subscription, loan, advance, or deposit of

8 money or anything else of value made by such

9 person to a State or local committee of a polit10 ical party or a candidate for State or local of11 fice.’’.

12 (c) CONFORMING AMENDMENT.—Section 319 of Fed13 eral Election Campaign Act of 1971 (2 U.S.C. 431 et seq.)

14 is amended by striking the heading and inserting ‘‘RE15 STRICTIONS ON FOREIGN NATIONALS’’.

16 SEC. 5. PROHIBITION ON DONATIONS IN NAME OF AN17 OTHER.

18 Section 320 of the Federal Election Campaign Act

19 of 1971 (2 U.S.C. 441f) is amended by inserting ‘‘or dona20 tion’’ after ‘‘contribution’’ each place it appears.

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