[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5331 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 5331
To reform the Federal Election Commission's enforcement processes and
related provisions under the Federal Election Campaign Act of 1971.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 21, 2022
Ms. Klobuchar introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To reform the Federal Election Commission's enforcement processes and
related provisions under the Federal Election Campaign Act of 1971.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Campaign Finance Transparency Act''.
SEC. 2. REVISION TO ENFORCEMENT PROCESS.
(a) Standard for Initiating Investigations and Determining Whether
Violations Have Occurred.--
(1) Revision of standards.--Section 309(a) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended
by striking paragraphs (2) and (3) and inserting the following:
``(2)(A) The general counsel, upon receiving a complaint filed with
the Commission under paragraph (1) or upon the basis of information
ascertained by the Commission in the normal course of carrying out its
supervisory responsibilities, shall make a determination as to whether
or not there is reason to believe that a person has committed, or is
about to commit, a violation of this Act or chapter 95 or chapter 96 of
the Internal Revenue Code of 1986, and as to whether or not the
Commission should either initiate an investigation of the matter or
that the complaint should be dismissed. The general counsel shall
promptly provide notification to the Commission of such determination
and the reasons therefore, together with any written response submitted
under paragraph (1) by the person alleged to have committed the
violation. Upon the expiration of the 30-day period which begins on the
date the general counsel provides such notification, the general
counsel's determination shall take effect, unless during such 30-day
period the Commission, by vote of a majority of the members of the
Commission who are serving at the time, overrules the general counsel's
determination. If the determination by the general counsel that the
Commission should investigate the matter takes effect, or if the
determination by the general counsel that the complaint should be
dismissed is overruled as provided under the previous sentence, the
general counsel shall initiate an investigation of the matter on behalf
of the Commission.
``(B) If the Commission initiates an investigation pursuant to
subparagraph (A), the Commission, through the Chair, shall notify the
subject of the investigation of the alleged violation. Such
notification shall set forth the factual basis for such alleged
violation. The Commission shall make an investigation of such alleged
violation, which may include a field investigation or audit, in
accordance with the provisions of this section. The general counsel
shall provide notification to the Commission of any intent to issue a
subpoena or conduct any other form of discovery pursuant to the
investigation. Upon the expiration of the 15-day period which begins on
the date the general counsel provides such notification, the general
counsel may issue the subpoena or conduct the discovery, unless during
such 15-day period the Commission, by vote of a majority of the members
of the Commission who are serving at the time, prohibits the general
counsel from issuing the subpoena or conducting the discovery.
``(3)(A) Upon completion of an investigation under paragraph (2),
the general counsel shall make a determination as to whether or not
there is probable cause to believe that a person has committed, or is
about to commit, a violation of this Act or chapter 95 or chapter 96 of
the Internal Revenue Code of 1986, and shall promptly submit such
determination to the Commission, and shall include with the
determination a brief stating the position of the general counsel on
the legal and factual issues of the case.
``(B) At the time the general counsel submits to the Commission the
determination under subparagraph (A), the general counsel shall
simultaneously notify the respondent of such determination and the
reasons therefore, shall provide the respondent with an opportunity to
submit a brief within 30 days stating the position of the respondent on
the legal and factual issues of the case and replying to the brief of
the general counsel. The general counsel shall promptly submit such
brief to the Commission upon receipt.
``(C) Upon the expiration of the 30-day period which begins on the
date the general counsel submits the determination to the Commission
under subparagraph (A) (or, if the respondent submits a brief under
subparagraph (B), upon the expiration of the 30-day period which begins
on the date the general counsel submits the respondent's brief to the
Commission under such subparagraph), the general counsel's
determination shall take effect, unless during such 30-day period the
Commission, by vote of a majority of the members of the Commission who
are serving at the time, overrules the general counsel's determination.
If the determination by the general counsel that there is probable
cause to believe that a person has committed, or is about to commit, a
violation of this Act or chapter 95 or chapter 96 of the Internal
Revenue Code of 1986, or if the determination by the general counsel
that there is not probable cause that a person has committed or is
about to commit such a violation is overruled as provided under the
previous sentence, for purposes of this subsection, the Commission
shall be deemed to have determined that there is probable cause that
the person has committed or is about to commit such a violation.''.
(2) Conforming amendment relating to initial response to
filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C.
30109(a)(1)) is amended--
(A) in the third sentence, by striking ``the
Commission'' and inserting ``the general counsel''; and
(B) by amending the fourth sentence to read as
follows: ``Not later than 15 days after receiving
notice from the general counsel under the previous
sentence, the person may provide the general counsel
with a written response that no action should be taken
against such person on the basis of the complaint.''.
(b) Revision of Standard for Review of Dismissal of Complaints.--
(1) In general.--Section 309(a)(8) of such Act (52 U.S.C.
30109(a)(8)) is amended to read as follows:
``(8)(A)(i) Any party aggrieved by an order of the Commission
dismissing a complaint filed by such party may file a petition with the
United States District Court for the District of Columbia. Any petition
under this subparagraph shall be filed within 60 days after the date on
which the party received notice of the dismissal of the complaint.
``(ii) In any proceeding under this subparagraph, the court shall
determine by de novo review whether the agency's dismissal of the
complaint is contrary to law. In any matter in which the penalty for
the alleged violation is greater than $50,000, the court should
disregard any claim or defense by the Commission of prosecutorial
discretion as a basis for dismissing the complaint.
``(B)(i) Any party who has filed a complaint with the Commission
and who is aggrieved by a failure of the Commission, within one year
after the filing of the complaint, to act on such complaint, may file a
petition with the United States District Court for the District of
Columbia.
``(ii) In any proceeding under this subparagraph, the court shall
determine by de novo review whether the agency's failure to act on the
complaint is contrary to law.
``(C) In any proceeding under this paragraph the court may declare
that the dismissal of the complaint or the failure to act is contrary
to law, and may direct the Commission to conform with such declaration
within 30 days, failing which the complainant may bring, in the name of
such complainant, a civil action to remedy the violation involved in
the original complaint.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply--
(A) in the case of complaints which are dismissed
by the Federal Election Commission, with respect to
complaints which are dismissed on or after the date of
the enactment of this Act; and
(B) in the case of complaints upon which the
Federal Election Commission failed to act, with respect
to complaints which were filed on or after the date of
the enactment of this Act.
(c) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Federal Election Commission shall promulgate
new regulations on the enforcement process under section 309 of the
Federal Election Campaign Act of 1971 (52 U.S.C. 30109) to take into
account the amendments made by this section.
SEC. 3. OFFICIAL EXERCISING THE RESPONSIBILITIES OF THE GENERAL
COUNSEL.
Section 306(f)(1) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(f)(1)) is amended by adding at the end the following new
sentence: ``In the event of a vacancy in the position of the general
counsel, the most senior attorney employed within the Office of the
General Counsel at the time the vacancy arises shall exercise all the
responsibilities of the general counsel until the vacancy is filled.''.
SEC. 4. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY
OPINIONS BY PERSONS OPPOSING THE REQUESTS.
(a) In General.--Section 308 of such Act (52 U.S.C. 30108) is
amended by adding at the end the following new subsection:
``(e) To the extent that the Commission provides an opportunity for
a person requesting an advisory opinion under this section (or counsel
for such person) to appear before the Commission to present testimony
in support of the request, and the person (or counsel) accepts such
opportunity, the Commission shall provide a reasonable opportunity for
an interested party who submitted written comments under subsection (d)
in response to the request (or counsel for such interested party) to
appear before the Commission to present testimony in response to the
request.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to requests for advisory opinions under section 308
of the Federal Election Campaign Act of 1971 which are made on or after
the date of the enactment of this Act.
SEC. 5. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY.
Section 309(a)(4)(C)(v) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended by striking ``, and that
end on or before December 31, 2023''.
SEC. 6. RESTRICTIONS ON EX PARTE COMMUNICATIONS.
Section 306(e) of the Federal Election Campaign Act of 1971 (52
U.S.C. 30106(e)) is amended--
(1) by striking ``(e) The Commission'' and inserting
``(e)(1) The Commission''; and
(2) by adding at the end the following new paragraph:
``(2) Members and employees of the Commission shall be subject to
limitations on ex parte communications, as provided in the regulations
promulgated by the Commission regarding such communications which are
in effect on the date of the enactment of this paragraph.''.
SEC. 7. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT FEC IN
SUPREME COURT.
(a) Clarifying Authority.--Section 306(f)(4) of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is amended by
striking ``any action instituted under this Act, either (A) by
attorneys'' and inserting ``any action instituted under this Act,
including an action before the Supreme Court of the United States,
either (A) by the general counsel of the Commission and other
attorneys''.
(b) Effective Date.--The amendment made by paragraph (1) shall
apply with respect to actions instituted before, on, or after the date
of the enactment of this Act.
SEC. 8. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS.
(a) Requirement.--Section 311(a)(1) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the
semicolon at the end and inserting the following: ``, and shall ensure
that all such forms (including forms in an electronic format) permit
the person using the form to include an accent mark as part of the
person's identification;''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect upon the expiration of the 90-day period which begins on
the date of the enactment of this Act.
SEC. 9. EXTENSION OF THE STATUTES OF LIMITATIONS FOR OFFENSES UNDER THE
FEDERAL ELECTION CAMPAIGN ACT OF 1971.
(a) Civil Offenses.--Section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended by inserting after
paragraph (9) the following new paragraph:
``(10) No person shall be subject to a civil penalty under this
subsection with respect to a violation of this Act unless a complaint
is filed with the Commission with respect to the violation under
paragraph (1), or the Commission responds to information with respect
to the violation which is ascertained in the normal course of carrying
out its supervisory responsibilities under paragraph (2), not later
than 10 years after the date on which the violation occurred.''.
(b) Criminal Offenses.--Section 406(a) of such Act (52 U.S.C.
30145(a)) is amended by striking ``5 years'' and inserting ``10
years''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring on or after the date of
enactment of this Act.
SEC. 10. EFFECTIVE DATE; TRANSITION.
(a) In General.--Except as otherwise provided, this Act and the
amendments made by this Act shall take effect and apply on the date of
the enactment of this Act, without regard to whether or not the Federal
Election Commission has promulgated regulations to carry out this Act
and the amendments made by this Act.
(b) Transition.--
(1) No effect on existing cases or proceedings.--Nothing in
this Act or in any amendment made by this Act shall affect any
of the powers exercised by the Federal Election Commission
prior to the date of the enactment of this Act, including any
investigation initiated by the Commission prior to such date or
any proceeding (including any enforcement action) pending as of
such date.
(2) Treatment of certain complaints.--If, as of the date of
the enactment of this Act, the general counsel of the Federal
Election Commission has not made any recommendation to the
Commission under section 309(a) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30109) with respect to a
complaint filed prior to the date of the enactment of this Act,
this Act and the amendments made by this Act shall apply with
respect to the complaint in the same manner as this Act and the
amendments made by this Act apply with respect to a complaint
filed on or after the date of the enactment of this Act.
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