I
105TH CONGRESS
2D SESSION
H. R. 3748
To amend the Federal Election Campaign Act of 1971 to authorize appropria-
tions for the Federal Election Commission for fiscal year 1999, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 29, 1998
Mr. THOMAS introduced the following bill; which was referred to the
Committee on House Oversight
A BILL
To amend the Federal Election Campaign Act of 1971 to
authorize appropriations for the Federal Election Com-
mission for fiscal year 1999, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘FEC Reauthorization
Act of 1998’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR FED-
ERAL ELECTION COMMISSION FOR FISCAL
YEAR 1999.
Section 314 of the Federal Election Campaign Act
of 1971 (2 U.S.C. 439c) is amended—
(1) by striking ‘‘and $9,400,000’’ and inserting
‘‘$9,400,000’’; and
(2) by striking the period at the end and insert-
ing the following: ‘‘, and $33,700,000 for the fiscal
year 
ending 
September 
30, 
1999, 
of 
which
$2,800,000 shall be available only if at least 4 mem-
bers of the Commission vote not later than Septem-
ber 30, 1998, to adopt a re-prioritization plan for
the purpose of improving enforcement procedures
and preventing the unnecessary dismissal of appro-
priate enforcement actions.’’.
SEC. 3. APPOINTMENT AND SERVICE OF STAFF DIRECTOR
AND GENERAL COUNSEL OF COMMISSION.
(a) APPOINTMENT; LENGTH
OF TERM
OF SERV-
ICE.—
(1) IN GENERAL.—The first sentence of section
306(f)(1) of the Federal Election Campaign Act of
1971 (2 U.S.C. 437c(f)(1)) is amended by striking
‘‘by the Commission’’ and inserting the following:
‘‘by an affirmative vote of not less than 4 members
of the Commission and may not serve for a term of
SEC. 4. ALTERNATIVE PROCEDURES FOR IMPOSITION OF
PENALTIES FOR REPORTING VIOLATIONS.
(a) IN GENERAL.—Section 309(a)(4) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437g(a)(4)) is
amended—
(1) in subparagraph (A)(i), by striking ‘‘clause
(ii)’’ and inserting ‘‘clauses (ii) and subparagraph
(C)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(C)(i) Notwithstanding subparagraph (A), in the
case of a violation of any requirement under this Act relat-
ing to the reporting of receipts or disbursements, the Com-
mission may—
‘‘(I) find that a person committed such a viola-
tion on the basis of information obtained pursuant
to the procedures described in paragraphs (1) and
(2); and
‘‘(II) based on such finding, require the person
to pay a civil money penalty in an amount deter-
mined under a schedule of penalties which is estab-
lished and published by the Commission and which
takes into account the amount of the violation in-
volved, the existence of previous violations by the
person, and such other factors as the Commission
considers appropriate.
‘‘(ii) The Commission may not make any determina-
tion adverse to a person under clause (i) until the person
has been given written notice and an opportunity for the
determination to be made on the record.
‘‘(iii) Any person against whom an adverse deter-
mination is made under this subparagraph may obtain a
review of such determination in the district court of the
United States for the district in which the person is found,
resides, or transacts business, by filing in such court (prior
to the expiration of the 30-day period which begins on the
date the person receives notification of the determination)
a written petition requesting that the determination be
modified or set aside.’’.
(b) 
CONFORMING
AMENDMENT.—Section
309(a)(6)(A) of such Act (2 U.S.C. 437g(a)(6)(A)) is
amended by striking ‘‘paragraph (4)(A)’’ and inserting
‘‘paragraph (4)’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to violations occurring
on or after January 1, 1999.
SEC. 5. STANDARD FOR INITIATION OF ACTIONS BY FEC.
(a) IN GENERAL.—Section 309(a)(2) of the Federal
Election Campaign Act of 1971 (2 U.S.C. 437g(a)(2)) is
amended to read as follows:
‘‘(2) Not later than 90 days after the time for re-
sponding to a complaint under paragraph (1) has elapsed
for all respondents, the general counsel of the Commission
shall provide a recommendation to the Commission re-
garding whether there is sufficient or insufficient reason
for the Commission to investigate any violation alleged in
the complaint. If the Commission, upon receiving a com-
plaint under paragraph (1) (or on the basis of information
ascertained in the normal course of carrying out its super-
visory responsibilities) determines by an affirmative vote
of 4 of its members that it has a sufficient reason to inves-
tigate whether a person has committed (or is about to
commit) a violation of this Act or of chapter 95 or chapter
96 of the Internal Revenue Code of 1986, the Commission
(through its chair or vice chair) shall notify the person
of the alleged violation, and shall set forth in such notifica-
tion the factual and legal basis for such alleged violation.
The Commission shall make an investigation of such al-
leged violation, which may include a field investigation or
audit, in accordance with the provisions of this section.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to complaints filed
on or after January 1, 1999.
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