[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2833 Introduced in Senate (IS)]







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.

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

SECTION 1. FINDINGS AND DECLARATION.

    Congress finds and declares that--
            (1) maintaining and improving the strength and 
        effectiveness of the Federal Election Commission (referred to 
        in this section as the ``Commission'') is essential to the 
        integrity of the Federal election system;
            (2) the Commission was created in the wake of the Watergate 
        scandal to ensure the integrity of Federal elections by 
        overseeing Federal election disclosure and enforcing Federal 
        campaign finance law;
            (3) the sharply increasing number of cases and the growing 
        volume of financial activity is making it increasingly 
        difficult for the Commission to fulfill its watchdog role in a 
        timely and effective manner; and
            (4) Congress should provide the Commission with sufficient 
        resources and authority to allow the Commission to carry out 
        its duties.

SEC. 2. AUDITS BY THE FEDERAL ELECTION COMMISSION.

    (a) Random Audits.--Section 311(b) of the Federal Election Campaign 
Act of 1971 (2 U.S.C. 438(b)) is amended--
            (1) by inserting ``(1)'' before ``The Commission''; and
            (2) by adding at the end the following:
            ``(2) Random audits.--
                    ``(A) In general.--Notwithstanding paragraph (1), 
                the Commission may conduct random audits and 
                investigations to ensure voluntary compliance with this 
                Act.
                    ``(B) Limitation.--The Commission shall not conduct 
                an audit or investigation of a candidate's authorized 
                committee under subparagraph (A) until the candidate is 
                no longer a candidate for the office sought by the 
                candidate in an election cycle.
                    ``(C) Applicability.--This paragraph shall not 
                apply to an authorized committee of a candidate for 
                President or Vice President subject to audit under 
                section 9007 or 9038 of the Internal Revenue Code of 
                1986.''.
    (b) Extension of Period During Which Campaign Audits May Be 
Begun.--Section 311(b)(1) of the Federal Election Campaign Act of 1971 
(2 U.S.C. 438(b)(1)), as added by subsection (a), is amended by 
striking ``6 months'' and inserting ``12 months''.

SEC. 3. AUTHORITY OF THE FEDERAL ELECTION COMMISSION TO SEEK 
              INJUNCTION.

    Section 309(a) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 437g(a)) is amended--
            (1) by adding at the end the following:
    ``(13)(A) If, at any time in a proceeding described in paragraph 
(1), (2), (3), or (4), the Commission believes that--
            ``(i) there is a substantial likelihood that a violation of 
        this Act is occurring or is about to occur;
            ``(ii) the failure to act expeditiously will result in 
        irreparable harm to a party affected by the potential 
        violation;
            ``(iii) expeditious action will not cause undue harm or 
        prejudice to the interests of others; and
            ``(iv) the public interest would be best served by the 
        issuance of an injunction;
the Commission may initiate a civil action for a temporary restraining 
order or a preliminary injunction pending the outcome of the 
proceedings described in paragraphs (1), (2), (3), and (4).
    ``(B) An action under subparagraph (A) shall be brought in the 
United States district court for the district in which the defendant 
resides, transacts business, or may be found, or in which the violation 
is occurring, has occurred, or is about to occur.'';
            (2) in paragraph (7), by striking ``(5) or (6)'' and 
        inserting ``(5), (6), or (13)''; and
            (3) in paragraph (11), by striking ``(6)'' and inserting 
        ``(6) or (13)''.

SEC. 4. INCREASE IN PENALTY FOR KNOWING AND WILLFUL VIOLATIONS.

    Section 309(a)(5)(B) of the Federal Election Campaign Act of 1971 
(2 U.S.C. 437g(a)(5)(B)) is amended by striking ``the greater of 
$10,000 or an amount equal to 200 percent'' and inserting ``the greater 
of $15,000 or an amount equal to 300 percent''.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    The Federal Election Campaign Act of 1971 is amended--
            (1) by striking section 314 (2 U.S.C. 439c) and inserting 
        the following:

``SEC. 314. [REPEALED].'';

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

``SEC. 407. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Commission to 
carry out this Act and chapters 95 and 96 of the Internal Revenue Code 
of 1986 $40,960,000 for fiscal year 2001.''.
                                 <all>