II

106TH CONGRESS

2D SESSION S. 2833

To amend the Federal Election Campaign Act of 1971 to improve the enforcement capabilities of the Federal Election Commission, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 29, 2000

Mr. DODD 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

improve the enforcement capabilities of the Federal Election Commission, 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. FINDINGS AND DECLARATION.

4 Congress finds and declares that—

5 (1) maintaining and improving the strength and

6 effectiveness of the Federal Election Commission

7 (referred to in this section as the ‘‘Commission’’) is

8 essential to the integrity of the Federal election sys9 tem;
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1 (2) the Commission was created in the wake of

2 the Watergate scandal to ensure the integrity of

3 Federal elections by overseeing Federal election dis4 closure and enforcing Federal campaign finance law;

5 (3) the sharply increasing number of cases and

6 the growing volume of financial activity is making it

7 increasingly difficult for the Commission to fulfill its

8 watchdog role in a timely and effective manner; and

9 (4) Congress should provide the Commission

10 with sufficient resources and authority to allow the

11 Commission to carry out its duties.

12 SEC. 2. AUDITS BY THE FEDERAL ELECTION COMMISSION.

13 (a) RANDOM AUDITS.—Section 311(b) of the Federal

14 Election Campaign Act of 1971 (2 U.S.C. 438(b)) is

15 amended—

16 (1) by inserting ‘‘(1)’’ before ‘‘The Commis17 sion’’; and

18 (2) by adding at the end the following:

19 ‘‘(2) RANDOM AUDITS.—

20 ‘‘(A) IN GENERAL.—Notwithstanding para21 graph (1), the Commission may conduct ran22 dom audits and investigations to ensure vol23 untary compliance with this Act.

24 ‘‘(B) LIMITATION.—The Commission shall

25 not conduct an audit or investigation of a can-
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1 didate’s authorized committee under subpara2 graph (A) until the candidate is no longer a

3 candidate for the office sought by the candidate

4 in an election cycle.

5 ‘‘(C) APPLICABILITY.—This paragraph

6 shall not apply to an authorized committee of a

7 candidate for President or Vice President sub8 ject to audit under section 9007 or 9038 of the

9 Internal Revenue Code of 1986.’’.

10 (b) EXTENSION OF PERIOD DURING WHICH CAM11 PAIGN AUDITS MAY BE BEGUN.—Section 311(b)(1) of

12 the Federal Election Campaign Act of 1971 (2 U.S.C.

13 438(b)(1)), as added by subsection (a), is amended by

14 striking ‘‘6 months’’ and inserting ‘‘12 months’’.

15 SEC. 3. AUTHORITY OF THE FEDERAL ELECTION COMMIS16 SION TO SEEK INJUNCTION.

17 Section 309(a) of the Federal Election Campaign Act

18 of 1971 (2 U.S.C. 437g(a)) is amended—

19 (1) by adding at the end the following:

20 ‘‘(13)(A) If, at any time in a proceeding described

21 in paragraph (1), (2), (3), or (4), the Commission believes

22 that—

23 ‘‘(i) there is a substantial likelihood that a vio24 lation of this Act is occurring or is about to occur;
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1 ‘‘(ii) the failure to act expeditiously will result

2 in irreparable harm to a party affected by the poten3 tial violation;

4 ‘‘(iii) expeditious action will not cause undue

5 harm or prejudice to the interests of others; and

6 ‘‘(iv) the public interest would be best served by

7 the issuance of an injunction;

8 the Commission may initiate a civil action for a temporary

9 restraining order or a preliminary injunction pending the

10 outcome of the proceedings described in paragraphs (1),

11 (2), (3), and (4).

12 ‘‘(B) An action under subparagraph (A) shall be

13 brought in the United States district court for the district

14 in which the defendant resides, transacts business, or may

15 be found, or in which the violation is occurring, has oc16 curred, or is about to occur.’’;

17 (2) in paragraph (7), by striking ‘‘(5) or (6)’’

18 and inserting ‘‘(5), (6), or (13)’’; and

19 (3) in paragraph (11), by striking ‘‘(6)’’ and in20 serting ‘‘(6) or (13)’’.

21 SEC. 4. INCREASE IN PENALTY FOR KNOWING AND WILL22 FUL VIOLATIONS.

23 Section 309(a)(5)(B) of the Federal Election Cam24 paign Act of 1971 (2 U.S.C. 437g(a)(5)(B)) is amended

25 by striking ‘‘the greater of $10,000 or an amount equal
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1 to 200 percent’’ and inserting ‘‘the greater of $15,000 or

2 an amount equal to 300 percent’’.

3 SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

4 The Federal Election Campaign Act of 1971 is

5 amended—

6 (1) by striking section 314 (2 U.S.C. 439c) and

7 inserting the following:

8 ‘‘SEC. 314. [REPEALED].’’;

9 and

10 (2) by inserting after section 406 the following:

11 ‘‘SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

12 ‘‘There are authorized to be appropriated to the Com13 mission to carry out this Act and chapters 95 and 96 of

14 the Internal Revenue Code of 1986 $40,960,000 for fiscal

15 year 2001.’’.

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