IB
Union Calendar No. 342
105TH CONGRESS
2D SESSION
H. R. 3748
[Report No. 105–606]
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
JUNE 25, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 29, 1998]
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 members of the
Commission vote not later than September 30, 1998,
to adopt a re-prioritization plan for the purpose of
improving enforcement procedures and preventing the
unnecessary dismissal of appropriate enforcement ac-
tions.’’.
SEC. 3. APPOINTMENT AND SERVICE OF STAFF DIRECTOR
AND GENERAL COUNSEL OF COMMISSION.
(a) APPOINTMENT; LENGTH OF TERM OF SERVICE.—
(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 more
than 4 consecutive years without reappointment in
accordance with this paragraph’’.
(2) EFFECTIVE DATE.—The amendment made by
paragraph (1) shall apply with respect to any indi-
vidual serving as the staff director or general counsel
of the Federal Election Commission on or after Janu-
ary 1, 1999, without regard to whether or not the in-
dividual served as staff director or general counsel
prior to such date.
(b) TREATMENT OF INDIVIDUALS FILLING VACANCIES;
TERMINATION
OF
AUTHORITY
UPON
EXPIRATION
OF
TERM.—Section 306(f)(1) of such Act (2 U.S.C. 437c(f)(1))
is amended by inserting after the first sentence the following
new sentences: ‘‘An individual appointed as a staff director
or general counsel to fill a vacancy occurring other than
by the expiration of a term of office shall be appointed only
for the unexpired term of the individual he or she succeeds.
An individual serving as staff director or general counsel
may not serve in any capacity on behalf of the Commission
after the expiration of the individual’s term unless re-
appointed in accordance with this paragraph.’’.
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 ‘‘clause (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 relating
to the reporting of receipts or disbursements, the Commis-
sion 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 per-
son, and such other factors as the Commission consid-
ers 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 determina-
tion 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 modi-
fied 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 respond-
ing to a complaint under paragraph (1) has elapsed for
all respondents, the general counsel of the Commission shall
provide a recommendation to the Commission regarding
whether there is sufficient or insufficient reason for the
Commission to investigate any violation alleged in the com-
plaint. If the Commission, upon receiving a complaint
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 com-
mit) 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 notification
the factual and legal basis for such alleged violation. The
Commission shall make an investigation of such alleged vio-
lation (which may include a field investigation or audit)
in accordance with the provisions of this section.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to complaints filed on
or after January 1, 1999.
Union Calendar No. 342
105TH CONGRESS
2D SESSION
H. R. 3748
[Report No. 105–606]
A BILL
To amend the Federal Election Campaign Act of
1971 to authorize appropriations for the Federal
Election Commission for fiscal year 1999, and
for other purposes.
JUNE 25, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed