Directs the U.S. Sentencing Commission to: (1) promulgate a guideline, or amend an existing guideline, for penalties under FECA and related election laws; and (2) submit to Congress an explanation of any such guidelines and any legislative or administrative recommendations regarding enforcement. Specifies considerations for such guidelines.
Amends FECA to extend the prohibition against campaign contributions by foreign nationals to domestic subsidiaries of foreign nationals, unless the subsidiary can demonstrate through a reasonable accounting method that it has sufficient funds other than those given or loaned by its foreign national parent from which the contribution or donation is made.
Extends to donations the prohibition against contributions in the name of another.
[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>
Introduced in Senate
Read twice and referred to the Committee on Rules and Administration.
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