II 

109TH CONGRESS 

2D SESSION S. 3560 

To amend the Federal Election Campaign Act of 1971 to replace the Federal 

Election Commission with the Federal Election Administration, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2006 

Mr. MCCAIN (for himself and Mr. FEINGOLD) 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 

replace the Federal Election Commission with the Federal Election Administration, 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. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Federal Election Administration Act of 2006’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—FEDERAL ELECTION ADMINISTRATION 


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Sec. 101. Establishment of the Federal Election Administration. 

Sec. 102. Executive schedule positions. 

Sec. 103. GAO examination of enforcement of campaign finance laws by the 

Department of Justice. 

Sec. 104. GAO study and report on appropriate funding levels. 

Sec. 105. Conforming amendments. 

Sec. 106. Authorization of appropriations. 

TITLE II—TRANSITION PROVISIONS 

Sec. 201. Transfer of functions of Federal Election Commission. 

Sec. 202. Transfer of property, records, and personnel. 

Sec. 203. Repeals. 

Sec. 204. Conforming amendments. 

Sec. 205. Effective date. 

1 TITLE I—FEDERAL ELECTION 

2 ADMINISTRATION 

3 SEC. 101. ESTABLISHMENT OF THE FEDERAL ELECTION AD4 MINISTRATION. 

5 (a) IN GENERAL.—Title III of the Federal Election 

6 Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended 

7 by adding at the end the following new subtitle: 

8 ‘‘Subtitle B—Administrative 

9 Provisions 

10 ‘‘CHAPTER 1—ESTABLISHMENT OF THE 

11 FEDERAL ELECTION ADMINISTRATION 

12 ‘‘SEC. 351. ESTABLISHMENT OF THE FEDERAL ELECTION 

13 ADMINISTRATION. 

14 ‘‘(a) IN GENERAL.—There is established the Federal 

15 Election Administration (in this Act referred to as the 

16 ‘Administration’). 


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1 ‘‘(b) INDEPENDENT ESTABLISHMENT.—The Admin2 istration shall be an independent establishment (as defined 

3 in section 104 of title 5, United States Code). 

4 ‘‘(c) PURPOSE.—The Administration shall admin5 ister, seek to obtain compliance with, enforce, and formu6 late policy in a manner that is consistent with the lan7 guage and intent of Congress with respect to the following 

8 statutes: 

9 ‘‘(1) This Act. 

10 ‘‘(2) The Presidential Election Campaign Fund 

11 Act under chapter 95 of the Internal Revenue Code 

12 of 1986. 

13 ‘‘(3) The Presidential Primary Matching Pay14 ment Account Act under chapter 96 of the Internal 

15 Revenue Code of 1986. 

16 ‘‘(d) EXCLUSIVE CIVIL JURISDICTION.—The Admin17 istration shall have exclusive jurisdiction with respect to 

18 the civil enforcement of the statutes identified in sub19 section (c). 

20 ‘‘(e) VOTING REQUIREMENT.—All decisions of the 

21 Administration with respect to the exercise of its duties 

22 and powers under this Act, except those expressly reserved 

23 for decision by the Chair, shall be made by a majority vote 

24 of its members. 

25 ‘‘(f) MEETINGS AND QUORUM.— 


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1 ‘‘(1) MEETINGS.—The Administration shall 

2 meet— 

3 ‘‘(A) at least once each month; and 

4 ‘‘(B) at the call of the Chair. 

5 ‘‘(2) QUORUM.—A majority of the members of 

6 the Administration shall constitute a quorum. 

7 ‘‘(g) SEAL.—The Administration shall procure a 

8 proper seal, with such suitable inscriptions and devices as 

9 the President shall approve. This seal, to be known as the 

10 official seal of the Federal Election Administration, shall 

11 be kept and used to verify official documents, under such 

12 rules and regulations as the Administration may prescribe. 

13 Judicial notice shall be taken of the seal. 

14 ‘‘(h) PRINCIPAL OFFICE.—The principal office of the 

15 Administration shall be in or near the District of Colum16 bia, but the Administration may meet or exercise any of 

17 its powers anywhere in the United States. 

18 ‘‘SEC. 352. COMPOSITION OF THE FEDERAL ELECTION AD19 MINISTRATION. 

20 ‘‘(a) IN GENERAL.—The Administration shall be 

21 composed of 3 members, 1 of whom shall serve as the 

22 Chair of the Administration. No member of the Adminis23 tration shall— 


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1 ‘‘(1) be affiliated with the same political party 

2 as any other member of the Administration while 

3 serving as a member of the Administration; or 

4 ‘‘(2) have been affiliated with the same political 

5 party as any other member of the Administration at 

6 any time during the 5-year period ending on the 

7 date on which such individual is nominated to be a 

8 member of the Administration. 

9 ‘‘(b) APPOINTMENT.— 

10 ‘‘(1) IN GENERAL.—Each member of the Ad11 ministration shall be appointed by the President, by 

12 and with the advice and consent of the Senate. 

13 ‘‘(2) CHAIR.—The President shall, at the time 

14 of nomination of the first 3 members of the Admin15 istration, designate 1 of the 3 to serve as the Chair. 

16 Any individual appointed to succeed, or to fill the 

17 unexpired term of, that member (or any member 

18 succeeding that member) shall serve as the Chair. 

19 ‘‘(3) QUALIFICATIONS.— 

20 ‘‘(A) An individual who is appointed under 

21 paragraph (1) shall— 

22 ‘‘(i) possess demonstrated integrity, 

23 independence, and public credibility; and 


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1 ‘‘(ii) shall have not less than 5 years 

2 professional experience in law enforcement, 

3 including such experience gained— 

4 ‘‘(I) in service as a member of 

5 the judiciary; 

6 ‘‘(II) as a member or an em7 ployee of a Federal, State, or local 

8 campaign finance or ethics enforce9 ment agency; or 

10 ‘‘(III) as a law enforcement offi11 cial in a Federal or State enforcement 

12 agency or office. 

13 ‘‘(B) An individual may not be appointed 

14 under paragraph (1) if— 

15 ‘‘(i) such individual is serving or has 

16 served as a member of the Federal Elec17 tion Commission subject to a term limit; or 

18 ‘‘(ii) at any time during the 4-year pe19 riod ending on the date of the nomination 

20 of such individual, the individual was— 

21 ‘‘(I) a candidate, an employee of 

22 a candidate, or an attorney for a can23 didate; 

24 ‘‘(II) an elected officeholder, an 

25 employee of an elected officeholder, or 


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1 an attorney for an elected office2 holder; 

3 ‘‘(III) an officer or employee of a 

4 political party or an attorney for a po5 litical party; or 

6 ‘‘(IV) employed in a position in 

7 the executive branch of the Govern8 ment of a confidential or policy-deter9 mining character under Schedule C of 

10 subpart C of part 213 of title 5 of the 

11 Code of Federal Regulations. 

12 ‘‘(c) TERM OF OFFICE.— 

13 ‘‘(1) IN GENERAL.— 

14 ‘‘(A) CHAIR.—The Chair of the Adminis15 tration shall be appointed for a term of 10 

16 years. 

17 ‘‘(B) OTHER MEMBERS.—Subject to sub18 paragraph (C), the 2 members of the Adminis19 tration other than the Chair shall be appointed 

20 for a term of 6 years. 

21 ‘‘(C) INITIAL APPOINTMENTS.—Of the 

22 members initially appointed under subpara23 graph (B), 1 member shall be appointed for a 

24 term of 3 years. 


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1 ‘‘(2) LIMITATION TO ONE TERM.—A member of 

2 the Administration may only serve 1 term, except 

3 that— 

4 ‘‘(A) the individual appointed under sub5 paragraph (B) of paragraph (1) who is ap6 pointed for the term described in subparagraph 

7 (C) of such paragraph may be appointed to a 

8 6-year term in addition to the term described in 

9 such subparagraph; and 

10 ‘‘(B) an individual appointed under para11 graph (4) to fill the remainder of an unexpired 

term that has less than 1 12 ⁄2 of the term remain13 ing may be appointed to serve another term. 

14 ‘‘(3) EXPIRED TERMS.—An individual may con15 tinue to serve as a member of the Administration 

16 after the expiration of such individual’s term until 

17 the earlier of— 

18 ‘‘(A) the date on which such individual’s 

19 successor has taken office; or 

20 ‘‘(B) 1 year following the date on which 

21 the term of such member expired. 

22 ‘‘(4) VACANCIES.—An individual appointed 

23 upon a vacancy occurring before the expiration of 

24 the term for which the individual’s predecessor was 

25 appointed shall be appointed only for the unexpired 


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1 term of the predecessor. Such vacancy shall be filled 

2 in the same manner as the original appointment. 

3 ‘‘(5) OTHER ACTIVITIES.—An individual may 

4 not engage in any other business, vocation, or em5 ployment while serving as a member of the Adminis6 tration. 

7 ‘‘(d) REMOVAL.—A member of the Administration 

8 may be removed by the President only for inefficiency, ne9 glect of duty, or malfeasance in office. 

10 ‘‘SEC. 353. STAFF DIRECTOR. 

11 ‘‘(a) IN GENERAL.—There shall be in the Adminis12 tration a staff director. 

13 ‘‘(b) RESPONSIBILITIES.—The staff director— 

14 ‘‘(1) shall assist the Administration in its ad15 ministration and operations; 

16 ‘‘(2) shall perform such responsibilities as the 

17 Administration shall prescribe; and 

18 ‘‘(3) may, with the approval of the Chair— 

19 ‘‘(A) appoint and fix the pay of such addi20 tional personnel as the staff director considers 

21 appropriate without regard to the provisions of 

22 title 5, United States Code, governing appoint23 ments in the competitive service; and 

24 ‘‘(B) procure temporary and intermittent 

25 services to the same extent as is authorized by 


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1 section 3109(b) of title 5, United States Code, 

2 but at rates for individuals not to exceed the 

3 daily equivalent of the annual rate of basic pay 

4 in effect for grade GS–15 of the General Sched5 ule (5 U.S.C. 5332). 

6 ‘‘(c) APPOINTMENT.—The staff director shall be ap7 pointed by the Chair, after consultation with the other 

8 members of the Administration. 

9 ‘‘(d) OTHER ACTIVITIES.—An individual may not en10 gage in any other business, vocation, or employment while 

11 serving as the staff director. 

12 ‘‘SEC. 354. GENERAL COUNSEL. 

13 ‘‘(a) IN GENERAL.—There shall be in the Adminis14 tration a general counsel. 

15 ‘‘(b) RESPONSIBILITIES.—The general counsel 

16 shall— 

17 ‘‘(1) serve as the chief legal officer of the Ad18 ministration; 

19 ‘‘(2) provide legal assistance to the Administra20 tion concerning its programs and policies; 

21 ‘‘(3) advise and assist the Administration in 

22 carrying out its responsibilities under section 361; 

23 and 


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1 ‘‘(4) represent the Administration in any pro2 ceeding in court or before an administrative law 

3 judge. 

4 ‘‘(c) APPOINTMENT.—The general counsel shall be 

5 appointed by the Chair, subject to approval by majority 

6 vote of the members of the Administration. 

7 ‘‘SEC. 355. INSPECTOR GENERAL. 

8 ‘‘There shall be in the Administration an inspector 

9 general. The inspector general and the office of inspector 

10 general shall be subject to the Inspector General Act of 

11 1978 (5 U.S.C. App.). 

12 ‘‘CHAPTER 2—OPERATION OF THE 

13 FEDERAL ELECTION ADMINISTRATION 

14 ‘‘SEC. 361. POWERS OF THE CHAIR AND ADMINISTRATION. 

15 ‘‘(a) CHAIR.— 

16 ‘‘(1) IN GENERAL.—The Chair shall be the 

17 chief administrative officer of the Administration 

18 with the authority to administer the Administration 

19 and shall, after consultation with the other 2 mem20 bers of the Administration, have the power to ap21 point or remove the staff director and to establish 

22 the budget of the Administration. 

23 ‘‘(2) OTHER POWERS.—The Chair has the 

24 power— 


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1 ‘‘(A) to the fullest extent practicable, to re2 quest the assistance of other agencies and de3 partments of the United States, including the 

4 personnel and facilities of such agencies and de5 partments and the heads of such agencies and 

6 departments may make available to the Chair 

7 such personnel, facilities, and other assistance, 

8 with or without reimbursement; 

9 ‘‘(B) to appoint, assign, remove, and com10 pensate administrative law judges in accordance 

11 with title 5, United States Code; 

12 ‘‘(C) to require, by special or general or13 ders, any person to submit, under oath, such 

14 written reports and answers to questions as the 

15 Chair may prescribe; 

16 ‘‘(D) to administer oaths or affirmations; 

17 ‘‘(E) to issue and enforce subpoenas in ac18 cordance with section 364; 

19 ‘‘(F) in any proceeding or investigation, to 

20 order testimony to be taken by deposition be21 fore any person who is designated by the Chair 

22 and has the power to administer oaths and, in 

23 such instances, to compel testimony and the 

24 production of evidence in the same manner as 

25 authorized under subparagraph (E); 


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1 ‘‘(G) to pay witnesses fees and mileage in 

2 accordance with section 364(d); and 

3 ‘‘(H) to make independent budget requests 

4 to Congress in accordance with section 362. 

5 ‘‘(b) ADMINISTRATION.—The Administration shall 

6 have the power— 

7 ‘‘(1) to initiate, defend, or appeal, through the 

8 general counsel, any civil action in the name of the 

9 Administration to enforce the provisions of this Act 

10 and chapters 95 and 96 of the Internal Revenue 

11 Code of 1986; 

12 ‘‘(2) to assess civil penalties for violations of 

13 this Act and chapters 95 and 96 of the Internal 

14 Revenue Code of 1986; 

15 ‘‘(3) to issue cease-and-desist orders to prevent 

16 violations of this Act and chapters 95 and 96 of the 

17 Internal Revenue Code of 1986; 

18 ‘‘(4) to establish procedures and schedules for 

19 agency adjudication that ensure timely enforcement 

20 of this Act and chapters 95 and 96 of the Internal 

21 Revenue Code of 1986; 

22 ‘‘(5) to render advisory opinions under section 

23 363; 

24 ‘‘(6) to develop prescribed forms, and to make, 

25 amend, and repeal rules, pursuant to section 365; 


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1 ‘‘(7) to establish procedures for alternative dis2 pute resolution of violations of this Act or of chap3 ters 95 or 96 of the Internal Revenue Code of 1986; 

4 ‘‘(8) to conduct investigations and hearings ex5 peditiously, to encourage voluntary compliance, and 

6 to report apparent violations to the appropriate law 

7 enforcement authorities; and 

8 ‘‘(9) to transmit to the President and to Con9 gress not later than June 1 of each year, a report 

10 which states in detail the activities of the Adminis11 tration in carrying out its duties under this Act, and 

12 which includes any recommendations for any legisla13 tive or other action the Administration considers ap14 propriate. 

15 ‘‘SEC. 362. INDEPENDENT BUDGET REQUESTS AND LEGIS16 LATIVE PROPOSALS. 

17 ‘‘(a) EXEMPTION FROM OMB OVERSIGHT.—When18 ever the Chair submits any budget estimate or request to 

19 the President or the Office of Management and Budget, 

20 the Chair shall concurrently transmit a copy of such esti21 mate or request to Congress. 

22 ‘‘(b) AUTHORITY TO MAKE INDEPENDENT LEGISLA23 TIVE RECOMMENDATIONS.—Whenever the Administration 

24 submits any legislative recommendation, testimony, or 

25 comments on legislation requested by Congress or by any 


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1 Member of Congress, to the President or the Office of 

2 Management and Budget, the Administration shall con3 currently transmit a copy thereof to Congress or to the 

4 Member requesting the same. No officer or agency of the 

5 United States shall have any authority to require the Ad6 ministration to submit its legislative recommendations, 

7 testimony, or comments on legislation, to any office or 

8 agency of the United States for approval, comments, or 

9 review, prior to the submission of such recommendations, 

10 testimony, or comments to Congress. 

11 ‘‘SEC. 363. ADVISORY OPINIONS. 

12 ‘‘(a) REQUESTS FOR ADVISORY OPINIONS.— 

13 ‘‘(1) IN GENERAL.—Not later than 60 days 

14 after the Administration receives from a person a 

15 complete written request concerning the application 

16 of this Act, chapter 95 or 96 of the Internal Rev17 enue Code of 1986, or a rule or regulation pre18 scribed by the Administration, with respect to a spe19 cific transaction or activity by the person, the Ad20 ministration shall render a written advisory opinion 

21 relating to such transaction or activity to the person. 

22 ‘‘(2) REQUESTS BY CANDIDATES.—If an advi23 sory opinion is requested by a candidate, or any au24 thorized committee of such candidate, during the 60- 

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1 volving the requesting party, the Administration 

2 shall render a written advisory opinion relating to 

3 such request not later than 20 days after the Ad4 ministration receives a complete written request. 

5 ‘‘(b) RULEMAKING REQUIRED.—Any rule of law 

6 which is not stated in this Act or in chapter 95 or 96 

7 of the Internal Revenue Code of 1986 may be initially pro8 posed by the Administration only as a rule or regulation 

9 pursuant to procedures established in section 365. No 

10 opinion of an advisory nature may be issued by the Admin11 istration or any other officer or employee of the Adminis12 tration except in accordance with the provisions of this 

13 section. 

14 ‘‘(c) RELIANCE ON ADVISORY OPINIONS.— 

15 ‘‘(1) IN GENERAL.—Any advisory opinion ren16 dered by the Administration under subsection (a) 

17 may be relied upon by— 

18 ‘‘(A) any person involved in the specific 

19 transaction or activity with respect to which 

20 such advisory opinion is rendered; and 

21 ‘‘(B) any person involved in any specific 

22 transaction or activity which is indistinguish23 able in all its material aspects from the trans24 action or activity with respect to which such ad25 visory opinion is rendered. 


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1 ‘‘(2) PROTECTION FROM LIABILITY.—Notwith2 standing any other provisions of law, any person 

3 who relies upon any provision or finding of an advi4 sory opinion in accordance with the provisions of 

5 paragraph (1) and who acts in good faith in accord6 ance with the provisions and findings of such advi7 sory opinion shall not, as a result of any such act, 

8 be subject to any sanction provided by this Act or 

9 by chapter 95 or 96 of the Internal Revenue Code 

10 of 1986. 

11 ‘‘(d) PUBLICATION OF REQUESTS.—The Administra12 tion shall make public any request made under subsection 

13 (a) for an advisory opinion. Before rendering an advisory 

14 opinion, the Administration shall accept written comments 

15 submitted by any interested party within the 10-day pe16 riod following the date on which the request is made pub17 lic. 

18 ‘‘(e) JUDICIAL REVIEW.— 

19 ‘‘(1) IN GENERAL.—Any person adversely af20 fected by an advisory opinion rendered by the Ad21 ministration may obtain judicial review of such advi22 sory opinion by filing a petition in the United States 

23 Court of Appeals for the District of Columbia Cir24 cuit. 


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1 ‘‘(2) SCOPE OF REVIEW.—For purposes of con2 ducting the judicial review described in paragraph 

3 (1), the provisions of section 706 of title 5, United 

4 States Code, shall apply. 

5 ‘‘SEC. 364. ISSUANCE AND ENFORCEMENT OF SUBPOENAS. 

6 ‘‘(a) ISSUANCE BY THE CHAIR.—If the Administra7 tion is conducting an investigation pursuant to section 371 

8 or 372, the Chair shall, on behalf of the Administration, 

9 have the power to require by subpoena the attendance and 

10 testimony of witnesses and the production of all documen11 tary evidence relating to the execution of the Administra12 tion’s duties. 

13 ‘‘(b) ISSUANCE BY AN ADMINISTRATIVE LAW

14 JUDGE.—Any administrative law judge presiding over an 

15 enforcement action pursuant to section 373 shall have the 

16 power to require by subpoena the attendance and testi17 mony of witnesses and the production of all documentary 

18 evidence relating to the administrative law judge’s duties. 

19 ‘‘(c) ISSUANCE AND ENFORCEMENT OF SUB20 POENAS.— 

21 ‘‘(1) ISSUANCE.—Subpoenas issued under sub22 section (a) or (b) shall bear the signature of the 

23 Chair or an administrative law judge, respectively, 

24 and shall be served by any person or class of persons 


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1 designated by the Chair or administrative law judge 

2 for that purpose. 

3 ‘‘(2) ENFORCEMENT.—In the case of contu4 macy or failure to obey a subpoena issued under 

5 subsection (a) or (b), the Federal district court for 

6 the judicial district in which the subpoenaed person 

7 resides, is served, or may be found may issue an 

8 order requiring such person to appear at any des9 ignated place to testify or to produce documentary 

10 or other evidence. Any failure to obey the order of 

11 the court may be punished by the court as a con12 tempt of that court. 

13 ‘‘(d) WITNESS ALLOWANCES AND FEES.—Section 

14 1821 of title 28, United States Code, shall apply to wit15 nesses requested or subpoenaed to appear at any hearing 

16 of the Administration. The per diem and mileage allow17 ances for witnesses shall be paid from funds available to 

18 pay the expenses of the Administration. 

19 ‘‘(e) JURISDICTION.—Subpoenas for witnesses who 

20 are required to attend a Federal district court may run 

21 into any other district. 

22 ‘‘SEC. 365. RULEMAKING AUTHORITY. 

23 ‘‘(a) IN GENERAL.—The Administration may, pursu24 ant to the provisions of chapter 5 of title 5, United States 

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1 tration deems necessary to carry out the provisions of this 

2 Act and chapters 95 and 96 of the Internal Revenue Code 

3 of 1986, including the authority to promulgate rules of 

4 practice and procedure for agency adjudications. 

5 ‘‘(b) AUTHORITY TO PROMULGATE INDEPENDENT

6 REGULATIONS.—Whenever the Administration promul7 gates any regulation, it shall not be required to submit 

8 such regulation for review or approval to the President 

9 or the Office of Management and Budget. 

10 ‘‘(c) CONDUCT OF ACTIVITIES.—The Administration 

11 shall prepare written rules for the conduct of its activities, 

12 including procedures for the conduct of enforcement ac13 tions under sections 371, 372, and 373. 

14 ‘‘(d) FORMS.— 

15 ‘‘(1) IN GENERAL.—The Administration shall 

16 prescribe forms necessary to implement this Act and 

17 chapters 95 and 96 of the Internal Revenue Code of 

18 1986. 

19 ‘‘(2) PUBLIC PROTECTION.—Any forms pre20 scribed by the Administration under paragraph (1), 

21 and any information-gathering activities of the Ad22 ministration under this Act, shall not be subject to 

23 the provisions of section 3512 of title 44, United 

24 States Code. 


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1 ‘‘(e) RELIANCE UPON RULES AND REGULATIONS.— 

2 Notwithstanding any other provision of law, any person 

3 who relies upon any rule or regulation prescribed by the 

4 Administration in accordance with the provisions of this 

5 section and who acts in good faith in accordance with such 

6 rule or regulation shall not, as a result of such act, be 

7 subject to any sanction provided by this Act or by chapter 

8 95 or 96 of the Internal Revenue Code of 1986. 

9 ‘‘(f) CONSULTATION WITH IRS.—In prescribing 

10 rules, regulations, and forms under this section, the Ad11 ministration and the Secretary of the Treasury shall con12 sult and work together to promulgate rules, regulations, 

13 and forms which are mutually consistent. The Administra14 tion shall report to Congress annually on the steps it has 

15 taken to comply with this subsection. 

16 ‘‘(g) JUDICIAL REVIEW.— 

17 ‘‘(1) IN GENERAL.—Any person adversely af18 fected by a rule, regulation, or form promulgated by 

19 the Administration may obtain judicial review of 

20 such rule, regulation, or form by filing a petition in 

21 the United States Court of Appeals for the District 

22 of Columbia Circuit. 

23 ‘‘(2) SCOPE OF REVIEW.—For purposes of con24 ducting the judicial review described in paragraph 


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1 (1), the provisions of section 706 of title 5, United 

2 States Code, shall apply. 

3 ‘‘(h) RULE AND REGULATION DEFINED.—In this 

4 Act, the terms ‘rule’ and ‘regulation’ mean a provision or 

5 series of interrelated provisions stating a single, separable 

6 rule of law. 

7 ‘‘SEC. 366. LITIGATION AUTHORITY. 

8 ‘‘(a) IN GENERAL.—Notwithstanding sections 516 

9 and 518 of title 28, United States Code, and section 3106 

10 of title 5, United States Code, the Administration is au11 thorized to bring, appear in, defend against, and appeal 

12 any action instituted under this Act or chapter 95 or 96 

13 of the Internal Revenue Code of 1986, in any court ei14 ther— 

15 ‘‘(1) by attorneys employed by the Administra16 tion; or 

17 ‘‘(2) by counsel whom it may appoint, on a tem18 porary basis as may be necessary for such purpose, 

19 without regard to the provisions of title 5, United 

20 States Code, governing appointments in the competi21 tive service, and whose compensation it may fix 

22 without regard to the provisions of chapter 51 and 

23 subchapter III of chapter 53 of such title. 

24 ‘‘(b) COMPENSATION OF APPOINTED COUNSEL.— 

25 The compensation of counsel appointed on a temporary 


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1 basis under subsection (a)(2) shall be paid out of any 

2 funds otherwise available to pay the compensation of em3 ployees of the Administration. 

4 ‘‘(c) INDEPENDENCE FROM ATTORNEY GENERAL.— 

5 In pursuing an action under this section, the Administra6 tion may act independently of the Attorney General. 

7 ‘‘SEC. 367. AVAILABILITY OF REPORTS. 

8 ‘‘(a) IN GENERAL.—The Administration shall— 

9 ‘‘(1) prepare, publish, and furnish to all persons 

10 required to file reports and statements under this 

11 Act a manual recommending uniform methods of 

12 bookkeeping and reporting; 

13 ‘‘(2) develop a filing, coding, and cross-indexing 

14 system consistent with the purposes of this Act; 

15 ‘‘(3) within 48 hours after the time of the re16 ceipt by the Administration of reports and state17 ments filed with the Administration, make them 

18 available for public inspection, and copying, at the 

19 expense of the person requesting such copying, ex20 cept that any information copied from such reports 

21 or statements may not be sold or used by any person 

22 for the purpose of soliciting contributions or for 

23 commercial purposes, other than using the name and 

24 address of any political committee to solicit contribu25 tions from such committee; 


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1 ‘‘(4) keep such designations, reports, and state2 ments for a period of 10 years from the date of re3 ceipt and maintain computerized records of such 

4 designations, reports, and statements thereafter; 

5 ‘‘(5)(A) compile and maintain a cumulative 

6 index of designations, reports, and statements filed 

7 under this Act, publish the index at regular inter8 vals, and make the index available for purchase di9 rectly or by mail; 

10 ‘‘(B) compile, maintain, and revise a separate 

11 cumulative index of reports and statements filed by 

12 multicandidate committees, including in such index a 

13 list of multicandidate committees; and 

14 ‘‘(C) compile and maintain a list of multi15 candidate committees, which shall be revised and 

16 made available monthly; 

17 ‘‘(6) prepare and publish periodically lists of 

18 authorized committees which fail to file reports as 

19 required by this Act; and 

20 ‘‘(7) serve as a national clearinghouse for the 

21 compilation of information and review of procedures 

22 with respect to the administration of Federal elec23 tions. 

24 ‘‘(b) PSEUDONYMS.—For purposes of subsection 

25 (a)(3), a political committee may submit 10 pseudonyms 


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1 on each report filed in order to protect against the illegal 

2 use of names and addresses of contributors, but only if 

3 such committee attaches a list of such pseudonyms to the 

4 appropriate report. The Administration shall exclude these 

5 lists from the public record. 

6 ‘‘(c) CONTRACTS.—The Administration may enter 

7 into contracts for the purpose of performing the duties 

8 described in subsection (a). 

9 ‘‘(d) AVAILABILITY OF REPORTS.—Reports or other 

10 information described in subsection (a) shall be available 

11 to the public, except that— 

12 ‘‘(1) copies shall be made available without cost, 

13 upon request, to agencies and branches of the Fed14 eral Government; and 

15 ‘‘(2) information made available as a result of 

16 the application of paragraph (7) of such subsection 

17 shall be made available to the public only upon the 

18 payment of the cost thereof. 

19 ‘‘SEC. 368. AUDITS AND FIELD EXAMINATIONS. 

20 ‘‘(a) IN GENERAL.—The Administration may, in ac21 cordance with the provisions of this section, conduct audits 

22 and field investigations of any political committee required 

23 to file a report under section 304. 

24 ‘‘(b) PRIORITY.—All audits and field investigations 

25 concerning the verification for, and receipt and use of, any 


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1 payments received by a candidate or committee under 

2 chapter 95 or 96 of the Internal Revenue Code of 1986 

3 shall be given priority. 

4 ‘‘(c) AUDITS AND FIELD EXAMINATIONS WHERE

5 THRESHOLDS NOT MET.— 

6 ‘‘(1) INTERNAL REVIEW.—The Administration 

7 shall conduct an internal review of reports filed by 

8 selected committees to determine if the reports filed 

9 by a particular committee meet the threshold re10 quirements for substantial compliance with the Act. 

11 Such thresholds for compliance shall be established 

12 by the Administration. 

13 ‘‘(2) AUDITS AND FIELD EXAMINATIONS.—The 

14 Administration may vote to conduct an audit and 

15 field investigation of any committee which it deter16 mines under paragraph (1) does not meet the 

17 threshold requirements established by the Adminis18 tration. Such audits shall be commenced within 30 

19 days of such vote, except that any audit under the 

20 provisions of this subsection of an authorized com21 mittee of a candidate shall be commenced within 6 

22 months of the election for which such committee is 

23 authorized. 

24 ‘‘(d) RANDOM AUDITS.— 


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1 ‘‘(1) IN GENERAL.—In addition to any audits 

2 conducted under subsection (c), the Administration 

3 may, subject to paragraph (2), conduct audits of any 

4 committee selected at random to ensure compliance 

5 with this Act. The selection of any committee under 

6 this paragraph shall be based on standards and pro7 cedures adopted by the Administration, except that 

8 in any calendar year such audits may be initiated 

9 against no more than 3 percent of all authorized 

10 candidate campaign committees. 

11 ‘‘(2) APPLICABLE RULES.— 

12 ‘‘(A) IN GENERAL.—If the Administration 

13 selects a committee for audit under paragraph 

14 (1), the Administration shall promptly notify 

15 the committee of the selection and commence 

16 the audit within 30 days of the selection. 

17 ‘‘(B) SPECIAL RULES FOR AUTHORIZED

18 COMMITTEES.—If the committee selected under 

19 paragraph (1) is an authorized committee of a 

20 candidate, the audit— 

21 ‘‘(i) shall be commenced and actively 

22 undertaken within 6 months of the election 

23 for which the committee is authorized; and 

24 ‘‘(ii) may examine compliance with 

25 this Act only with respect to that election. 


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1 ‘‘(3) EXCEPTION.—This subsection shall not 

2 apply to an authorized committee of a candidate for 

3 President or Vice President subject to audit under 

4 section 9007 or 9038 of the Internal Revenue Code 

5 of 1986. 

6 ‘‘SEC. 369. CONGRESSIONAL OVERSIGHT. 

7 ‘‘Nothing in this Act shall be construed to limit, re8 strict, or diminish any investigatory, informational, over9 sight, supervisory, or disciplinary authority or function of 

10 Congress or any committee of Congress with respect to 

11 elections for Federal office. 

12 ‘‘CHAPTER 3—ENFORCEMENT 

13 ‘‘SEC. 371. INITIATION OF ENFORCEMENT ACTIONS BY AD14 MINISTRATION. 

15 ‘‘(a) IN GENERAL.—The Administration may initiate 

16 a civil enforcement action under section 373 if, after con17 ducting an investigation, the Administration finds reason18 able grounds to believe that a violation of this Act or of 

19 chapter 95 or 96 of the Internal Revenue Code of 1986 

20 has occurred or is about to occur. 

21 ‘‘(b) BASIS FOR FINDINGS.—The Administration 

22 may make a finding under subsection (a) based on any 

23 information available to the Administration, including the 

24 filing of a complaint under section 372. 


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1 ‘‘(c) NOTICE AND OPPORTUNITY TO DEMONSTRATE

2 NO VIOLATION.—Prior to initiating an enforcement action 

3 under subsection (a), the Administration shall give any 

4 person under investigation notice and the opportunity to 

5 demonstrate that there are no reasonable grounds to be6 lieve a violation has occurred or is about to occur, but the 

7 Administration’s decision on such matter shall not be sub8 ject to judicial review. 

9 ‘‘SEC. 372. COMPLAINT TO INITIATE ENFORCEMENT AC10 TION. 

11 ‘‘(a) FILING OF COMPLAINT.— 

12 ‘‘(1) IN GENERAL.—Any person may file a com13 plaint with the Administration alleging a violation of 

14 this Act or of chapter 95 or 96 of the Internal Rev15 enue Code of 1986. 

16 ‘‘(2) TECHNICAL REQUIREMENTS.—A complaint 

17 filed under paragraph (1) shall be— 

18 ‘‘(A) in writing, signed, and sworn to by 

19 the person filing such complaint; 

20 ‘‘(B) notarized; and 

21 ‘‘(C) made under penalty of perjury and 

22 subject to the provisions of section 1001 of title 

23 18, United States Code. 

24 ‘‘(3) ACTION BY THE ADMINISTRATION.—Sub25 ject to paragraph (4), based on the allegations in a 


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1 complaint filed under paragraph (1), and such inves2 tigations the Administration deems necessary and 

3 appropriate, the Administration may— 

4 ‘‘(A) initiate a civil enforcement action 

5 under section 373 if the Administration finds 

6 reasonable grounds to believe a violation has oc7 curred or is about to occur; or 

8 ‘‘(B) dismiss the complaint. 

9 ‘‘(4) PROHIBITION OF ANONYMOUS COM10 PLAINTS.—The Commission may not conduct any 

11 investigation or take any other action under this sec12 tion solely on the basis of a complaint of a person 

13 whose identity is not disclosed to the Administration. 

14 ‘‘(5) RECOVERY OF COSTS.—Any person who 

15 has filed a complaint under paragraph (1) shall be 

16 entitled to recover from the Administration up to 

17 $1,000 of the costs incurred in preparing and filing 

18 the complaint if, based on the complaint, the Admin19 istration— 

20 ‘‘(A) makes a finding under section 373(a) 

21 that a person has violated (or is about to vio22 late) the Act; or 

23 ‘‘(B) enters into a conciliation agreement 

24 with a person under section 373(c). 


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1 ‘‘(b) NOTICE AND OPPORTUNITY TO DEMONSTRATE

2 NO VIOLATION.—Prior to initiating an enforcement action 

3 under subsection (a)(3)(A), the Administration shall give 

4 any person named in a complaint notice and an oppor5 tunity to demonstrate that there are no reasonable 

6 grounds to believe a violation described in such subsection 

7 has occurred or is about to occur, but the Administration’s 

8 determination under subsection (a)(3) shall not be subject 

9 to judicial review in an action brought by such person. 

10 ‘‘(c) FAILURE BY THE ADMINISTRATION TO TAKE

11 TIMELY ACTION.— 

12 ‘‘(1) IN GENERAL.—If the Administration— 

13 ‘‘(A) dismisses a complaint filed under 

14 subsection (a); or 

15 ‘‘(B) fails to initiate a civil enforcement ac16 tion under section 373 within 180 days of the 

17 filing of such a complaint, the person filing the 

18 complaint under subsection (a) may seek judi19 cial review of the Administration’s dismissal, or 

20 failure to act, in Federal district court in the 

21 District of Columbia or in the district in which 

22 such person resides. 

23 ‘‘(2) SCOPE OF REVIEW.—The court shall re24 view the Administration’s dismissal of the complaint 


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1 or failure to act in accordance with the provisions of 

2 section 706 of title 5, United States Code. 

3 ‘‘(3) COURT ORDERS.—The court may order 

4 the Administration to initiate an enforcement action 

5 or to conduct a further investigation of the com6 plaint within a time set by the court. 

7 ‘‘SEC. 373. CIVIL ENFORCEMENT ACTIONS. 

8 ‘‘(a) IN GENERAL.—The Administration shall have 

9 the authority to impose a civil monetary penalty under sec10 tion 375, issue a cease-and-desist order under section 376, 

11 or do both, if the Administration finds, by an order made 

12 on the record after notice and an opportunity for hearing 

13 before an administrative law judge pursuant to subchapter 

14 II of chapter 5 of title 5, United States Code, that a per15 son has violated (or, in the case of a cease-and-desist 

16 order, has violated or is about to violate) this Act or chap17 ter 95 or 96 of the Internal Revenue Code of 1986. The 

18 general counsel shall represent the Administration in any 

19 proceeding before an administrative law judge. 

20 ‘‘(b) NOTICE AND REQUEST FOR HEARING.— 

21 ‘‘(1) NOTICE.—If the Administration finds 

22 under section 371 or 372 that there are reasonable 

23 grounds to believe a violation has occurred or is 

24 about to occur, the Administration shall serve writ25 ten notice of the charges on each respondent, and 


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1 shall conduct such further investigation as the Ad2 ministration deems necessary and appropriate. 

3 ‘‘(2) REQUEST FOR HEARING.—Each respond4 ent shall have an opportunity to request, prior to the 

5 date that is 30 days after the date on which the no6 tice is received, a hearing on the charges before an 

7 administrative law judge. 

8 ‘‘(3) EFFECT OF FAILURE TO REQUEST A

9 HEARING.—If no hearing is requested, the Adminis10 tration shall make a finding on the charges, and 

11 shall issue whatever relief the Administration deems 

12 appropriate under sections 375 and 376. 

13 ‘‘(c) CONCILIATION.— 

14 ‘‘(1) PROCEDURES FOR ENTERING INTO CON15 CILIATION AGREEMENTS.— 

16 ‘‘(A) IN GENERAL.—If the respondent re17 quests a hearing under subsection (b)(2), the 

18 Administration shall attempt, for a period that 

19 does not exceed 60 days (or 15 days if the hear20 ing is requested within 60 days of an election), 

21 to correct or prevent such violation by informal 

22 methods of conference, conciliation, and persua23 sion, and to enter into a conciliation agreement 

24 with the respondent. In the case of a hearing 

25 that is requested at a time other than within 60 


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1 days of an election, the period for conciliation 

2 shall not be less than 30 days unless an agree3 ment is reached before then. 

4 ‘‘(B) INCLUSION OF CIVIL MONETARY PEN5 ALTIES.—A conciliation agreement may include 

6 a requirement that the person involved in such 

7 conciliation shall pay a civil monetary penalty 

8 that does not exceed the amounts set forth in 

9 subsection (a) of section 375 or, in the case of 

10 a knowing and willful violation, the amounts set 

11 forth in subsection (b) of such section. The con12 ciliation agreement may also include the re13 quirement that the person involved consent to 

14 the terms of a cease-and-desist order, as pro15 vided in section 376. 

16 ‘‘(C) REPRESENTATION BY GENERAL

17 COUNSEL.—The general counsel shall represent 

18 the Administration in any negotiations for a 

19 conciliation agreement and any such concilia20 tion agreement shall be subject to the approval 

21 of the Administration. 

22 ‘‘(D) BAR TO FURTHER ACTION.—A con23 ciliation agreement, unless violated, is a com24 plete bar to any further action by the Adminis25 tration. 


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1 ‘‘(2) CONFIDENTIALITY.—No action by the Ad2 ministration or any other person, and no informa3 tion derived in connection with any conciliation at4 tempt by the Administration may be made public by 

5 the Administration, without the written consent of 

6 the respondent, except that if a conciliation agree7 ment is agreed upon and signed by the Administra8 tion and the respondent, the Administration shall 

9 make such agreement public. 

10 ‘‘(3) VIOLATION OF CONCILIATION AGREE11 MENT.—In any case in which a person has entered 

12 into a conciliation agreement with the Administra13 tion under paragraph (1), the Administration may 

14 institute a civil action for relief if the Administration 

15 believes the person has violated any provision of 

16 such conciliation agreement. Such civil action shall 

17 be brought in the Federal district court for the dis18 trict in which the respondent resides or has its prin19 cipal place of business, or for the District of Colum20 bia. Such court shall have jurisdiction to issue any 

21 relief appropriate under sections 375 and 376. For 

22 the Administration to obtain relief in any such ac23 tion, the Administration need only establish that the 

24 person has violated, in whole or in part, any require25 ment of such conciliation agreement. 


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1 ‘‘(d) HEARING.—At the request of any respondent, 

2 a hearing on the charges served under subsection (b)(1) 

3 shall be conducted before an administrative law judge, who 

4 shall make such findings of fact and conclusions of law 

5 as the administrative law judge deems appropriate. The 

6 administrative law judge shall also have the authority to 

7 impose a civil monetary penalty on the respondent, issue 

8 a cease-and-desist order, or both. The decision of the ad9 ministrative law judge shall constitute final agency action 

10 unless an appeal is taken under subsection (e). 

11 ‘‘(e) APPEAL TO ADMINISTRATION.— 

12 ‘‘(1) RIGHT TO APPEAL.—The general counsel 

13 and each respondent shall each have a right to ap14 peal to the Administration from any final determina15 tion made by an administrative law judge. 

16 ‘‘(2) REVIEW OF ALJ DETERMINATIONS.—In 

17 the event of an appeal under paragraph (1), the Ad18 ministration shall review the determination of the 

19 administrative law judge to determine whether— 

20 ‘‘(A) a finding of material fact is not sup21 ported by substantial evidence; 

22 ‘‘(B) a conclusion of law is erroneous; 

23 ‘‘(C) the determination of the administra24 tive law judge is contrary to law or to the duly 


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1 promulgated rules or decisions of the Adminis2 tration; 

3 ‘‘(D) a prejudicial error of procedure was 

4 committed; or 

5 ‘‘(E) the decision or the relief ordered is 

6 otherwise arbitrary, capricious, or an abuse of 

7 discretion. 

8 ‘‘(3) FINAL AGENCY ACTION.—The decision of 

9 the Administration shall constitute final agency ac10 tion. 

11 ‘‘(f) JUDICIAL REVIEW.— 

12 ‘‘(1) IN GENERAL.—Any party aggrieved by a 

13 final agency action and who has exhausted all ad14 ministrative remedies, including requesting a hearing 

15 before an administrative law judge and appealing an 

16 adverse decision of an administrative law judge to 

17 the Administration, may obtain judicial review of 

18 such action in the United States Court of Appeals 

19 for any circuit wherein such person resides or has its 

20 principal place of business, or in the United States 

21 Court of Appeals for the District of Columbia Cir22 cuit. 

23 ‘‘(2) SCOPE OF REVIEW.—For purposes of con24 ducting the judicial review described in paragraph 


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1 (1), the provisions of section 706 of title 5, United 

2 States Code, shall apply. 

3 ‘‘(3) PETITION FOR JUDICIAL REVIEW.—To ob4 tain judicial review under paragraph (1), an ag5 grieved party described in such paragraph shall file 

6 a petition with the court during the 30-day period 

7 beginning on the date on which the order was 

8 issued. A copy of such petition shall be transmitted 

9 forthwith by the clerk of the court to the Adminis10 tration, and thereupon the Administration shall file 

11 in the court the record upon which the order com12 plained of was entered, as provided in section 2112 

13 of title 28, United States Code. 

14 ‘‘SEC. 374. NOTIFICATION OF NONFILERS. 

15 ‘‘(a) NOTIFICATION.—Before taking any action under 

16 section 373 against any person who has failed to file a 

17 report required under section 304(a)(2)(A)(iii) for the cal18 endar quarter immediately preceding the election involved, 

19 or in accordance with section 304(a)(2)(A)(i), the Admin20 istration shall notify the person of such failure to file the 

21 required reports. 

22 ‘‘(b) OPPORTUNITY FOR RESPONSE.—If a satisfac23 tory response is not received within 4 business days after 

24 the date of notification, the Administration shall, pursuant 

25 to section 367(a)(6), publish before the election the name 


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1 of the person and the report or reports such person has 

2 failed to file. 

3 ‘‘SEC. 375. CIVIL MONETARY PENALTIES. 

4 ‘‘(a) IN GENERAL.—Any person who violates this 

5 Act, or chapter 95 or 96 of the Internal Revenue Code 

6 of 1986, shall be liable to the United States for a civil 

7 monetary penalty for each violation which does not exceed 

8 the greater of $5,000 or an amount equal to any contribu9 tion or expenditure involved in such violation. Such pen10 alty shall be imposed by the Administration pursuant to 

11 section 373. 

12 ‘‘(b) KNOWING AND WILLFUL VIOLATIONS.—Any 

13 person who commits a knowing and willful violation of this 

14 Act, or of chapter 95 or 96 of the Internal Revenue Code 

15 of 1986, shall be liable to the United States for a civil 

16 monetary penalty for each violation which does not exceed 

17 the greater of $10,000 or an amount equal to 200 percent 

18 of any contribution or expenditure involved in such viola19 tion (or, in the case of a violation of section 320, which 

20 is not less than 300 percent of the amount involved in 

21 the violation and is not more than the greater of $50,000 

22 or 1,000 percent of the amount involved in the violation). 

23 Such penalty shall be imposed by the Administration pur24 suant to section 373. 


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1 ‘‘(c) DETERMINATION OF CIVIL MONETARY PEN2 ALTY.—In determining the amount of a civil monetary 

3 penalty under this section with respect to a violation de4 scribed in this section, the Administration or an adminis5 trative law judge shall take into account the nature, cir6 cumstances, extent, and gravity of the violation and, with 

7 respect to the violator, any prior violation, the degree of 

8 culpability, and such other matters as justice may require. 

9 ‘‘(d) REFERRAL TO ATTORNEY GENERAL.— 

10 ‘‘(1) IN GENERAL.—If the Administration de11 termines that a knowing and willful violation of this 

12 Act which is subject to section 379, or a knowing 

13 and willful violation of chapter 95 or 96 of the Inter14 nal Revenue Code of 1986, has occurred or is about 

15 to occur, the Administration may refer such appar16 ent violation to the Attorney General without regard 

17 to any limitations set forth under section 373. 

18 ‘‘(2) REPORTING BY THE ATTORNEY GEN19 ERAL.—Whenever the Administration refers an ap20 parent violation to the Attorney General, the Attor21 ney General shall report to the Administration any 

22 action taken by the Attorney General regarding the 

23 apparent violation. Each report shall be transmitted 

24 within 60 days after the date the Administration re25 fers an apparent violation, and every 30 days thereVerDate Aug 31 2005 22:41 Jun 23, 2006 Jkt 049196 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S3560.IS S3560

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1 after until the final disposition of the apparent viola2 tion. 

3 ‘‘SEC. 376. CEASE-AND-DESIST ORDERS. 

4 ‘‘(a) IN GENERAL.—If the Administration finds, 

5 after notice and opportunity for hearing under section 

6 373, that any person is violating, has violated, or is about 

7 to violate any provision of this Act, or chapter 95 or 96 

8 of the Internal Revenue Code of 1986, or any rule or regu9 lation thereunder, the Administration may publish any 

10 findings and enter an order requiring such person, or any 

11 other person that is, was, or would be a cause of the viola12 tion due to an act or omission the person knew or should 

13 have known would contribute to such violation, to cease 

14 and desist from committing or causing such violation and 

15 any future violation of the same provision, rule, or regula16 tion. Such order may, in addition to requiring a person 

17 to cease and desist from committing or causing a violation, 

18 require such person to comply (or to take steps to effect 

19 compliance) with such provision, rule, or regulation, upon 

20 such terms and conditions and within such time as the 

21 Administration may specify in such order. 

22 ‘‘(b) TEMPORARY ORDER.—Whenever the Adminis23 tration determines that an alleged violation or threatened 

24 violation specified in the notice initiating a civil enforce25 ment action under section 373, or the continuation thereVerDate Aug 31 2005 22:41 Jun 23, 2006 Jkt 049196 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S3560.IS S3560

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1 of, is likely to result in violation of this Act, or of chapter 

2 95 or 96 of the Internal Revenue Code of 1986, and sub3 stantial harm to the public interest, the Administration 

4 may apply to the Federal district court for the district in 

5 which the respondent resides or has its principal place of 

6 business, in which the alleged or threatened violation oc7 curred or is about to occur, or for the District of Colum8 bia, for a temporary restraining order or a preliminary 

9 injunction requiring the respondent to cease and desist 

10 from the violation or threatened violation and to take such 

11 action to prevent the violation or threatened violation. The 

12 Administration may apply for such order without regard 

13 to any limitation under section 373. 

14 ‘‘SEC. 377. COLLECTION. 

15 ‘‘If any person fails to pay an assessment of a civil 

16 penalty— 

17 ‘‘(1) after the order making the assessment has 

18 become a final order and such person has not timely 

19 filed a petition for judicial review of the order in ac20 cordance with section 373(f)(3) or if the order of the 

21 Administration is upheld after judicial review; or 

22 ‘‘(2) after a court in an action brought under 

23 section 373(c)(3) has entered a final judgment no 

24 longer subject to appeal in favor of the Administra25 tion, the Attorney General shall recover the amount 


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1 assessed (plus interest at currently prevailing rates 

2 from the date of the expiration of the 30-day period 

3 referred to in section 373(f)(3) or the date of such 

4 final judgment, as the case may be) in an action 

5 brought in any appropriate district court of the 

6 United States. In such an action, the validity, 

7 amount, and appropriateness of such penalty shall 

8 not be subject to review. 

9 ‘‘SEC. 378. CONFIDENTIALITY. 

10 ‘‘(a) PRIOR TO A FINDING OF REASONABLE

11 GROUNDS.—Any proceedings conducted by the Adminis12 tration prior to a finding that there are reasonable 

13 grounds to believe a violation of the law has occurred or 

14 is about to occur, including any investigation pursuant to 

15 section 371 or pursuant to a complaint filed under section 

16 372, shall be confidential and none of the Administration’s 

17 records concerning the complaint shall be made public, ex18 cept that the person filing a complaint pursuant to section 

19 372 is permitted to make such complaint public. 

20 ‘‘(b) AFTER A FINDING OF REASONABLE

21 GROUNDS.—Except as provided in subsection (d), if the 

22 Administration makes a finding pursuant to section 371 

23 or 372 that there are reasonable grounds to believe that 

24 a violation of law has occurred or is about to occur— 


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1 ‘‘(1) the finding of the Administration as well 

2 as any complaint filed under section 372, any notice 

3 of charges, and any answer or similar documents 

4 filed with the Administration shall be made public; 

5 and 

6 ‘‘(2) all proceedings conducted before an admin7 istrative law judge under section 373, and all docu8 ments used during such proceedings, shall be made 

9 public. 

10 ‘‘(c) AFTER DISMISSAL OF A COMPLAINT OR CON11 CLUSION OF PROCEEDINGS FOLLOWING A FINDING OF

12 REASONABLE GROUNDS.—Subject to subsection (d), fol13 lowing the Administration’s dismissal of a complaint filed 

14 under section 372 or the termination of proceedings fol15 lowing a finding of reasonable grounds under section 371 

16 or 372, the Administration shall, not later than the date 

17 that is 30 days after such dismissal or termination, make 

18 public— 

19 ‘‘(1) the complaint, any notice of charges, and 

20 any answer or similar documents filed with the Ad21 ministration (unless such information has already 

22 been made public under subsection (b)(1)); 

23 ‘‘(2) any order setting forth the Administra24 tion’s final action on the complaint; 


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1 ‘‘(3) any findings made by the Administration 

2 in relation to the action; and 

3 ‘‘(4) all documentary materials and testimony 

4 constituting the record on which the Administration 

5 relied in taking its actions. 

6 Subject to subsection (d), the affirmative disclosure re7 quirement of this subsection is without prejudice to the 

8 right of any person to request and obtain records relating 

9 to an investigation under section 552 of title 5, United 

10 States Code. 

11 ‘‘(d) CONFIDENTIALITY OF RECORDS AND PRO12 CEEDINGS OTHERWISE SUBJECT TO DISCLOSURE.— 

13 ‘‘(1) IN GENERAL.—The Administration shall 

14 issue regulations providing for the protection of in15 formation the disclosure of which under subsection 

16 (b) or (c) would impair any person’s constitutionally 

17 protected right of privacy, freedom of speech, or 

18 freedom of association. The Administration shall 

19 also issue regulations addressing the application of 

20 exemptions from disclosure contained in section 552 

21 of title 5, United States Code, to records comprising 

22 the Administration’s investigative files. Such regula23 tions shall consider the need to protect any person’s 

24 constitutionally protected rights to privacy, freedom 

25 of speech, and freedom of association, as well as the 


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1 need to make information about the Administra2 tion’s activities and decisions widely accessible to the 

3 public. 

4 ‘‘(2) PETITION TO MAINTAIN CONFIDEN5 TIALITY.— 

6 ‘‘(A) IN GENERAL.—Any person who would 

7 be adversely affected by any disclosure of infor8 mation about the person made pursuant to sub9 section (b) or (c), or by the conduct in public 

10 of a hearing or other proceeding conducted pur11 suant to section 373, shall have the right to pe12 tition the Administration to maintain the con13 fidentiality of such information or such pro14 ceeding on the ground that such information 

15 falls within the scope of any exemption from 

16 disclosure contained in section 552 of title 5, 

17 United States Code, or is prohibited from dis18 closure under the Administration’s regulations, 

19 the Constitution, or any other provision of law. 

20 Upon the receipt of such petition, the Adminis21 tration shall make a prompt determination 

22 whether the information should be kept con23 fidential, and shall withhold such information 

24 from disclosure pending this determination. The 


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1 Administration shall notify the petitioner in 

2 writing of the determination. 

3 ‘‘(B) REGULATIONS.—The Administration 

4 shall prescribe regulations governing the consid5 eration of petitions under this paragraph. Such 

6 regulations shall provide for public notice of the 

7 pendancy of any petition filed under subpara8 graph (A) and the right of any interested party 

9 to respond to or comment on such petition. 

10 ‘‘(e) PENALTIES.—Any member or employee of the 

11 Administration, or any other person, who violates the pro12 visions of this section shall be fined not more than $2,000. 

13 Any such member, employee, or other person who know14 ingly and willfully violates the provisions of this section 

15 shall be fined not more than $5,000. 

16 ‘‘SEC. 379. CRIMINAL PENALTIES. 

17 ‘‘(a) KNOWING AND WILLFUL VIOLATIONS.—Any 

18 person who knowingly and willfully commits a violation of 

19 any provision of this Act that involves the making, receiv20 ing, or reporting of any contribution, donation, or expendi21 ture— 

22 ‘‘(1) aggregating $25,000 or more during a cal23 endar year shall be fined under title 18, United 

24 States Code, or imprisoned for not more than 5 

25 years, or both; or 


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1 ‘‘(2) aggregating $2,000 or more (but less than 

2 $25,000) during a calendar year shall be fined under 

3 such title, or imprisoned for not more than 1 year, 

4 or both. 

5 ‘‘(b) CONTRIBUTIONS OR EXPENDITURES BY NA6 TIONAL BANKS, CORPORATIONS, OR LABOR ORGANIZA7 TIONS.—In the case of a knowing and willful violation of 

8 section 316(b)(3), the penalties set forth in subsection (a) 

9 shall apply to each violation involving an amount aggre10 gating $250 or more during a calendar year. Such a viola11 tion of section 316(b)(3) may incorporate a violation of 

12 section 317(a), 320, or 321. 

13 ‘‘(c) FRAUDULENT MISREPRESENTATION OF CAM14 PAIGN AUTHORITY.—In the case of a knowing and willful 

15 violation of section 322, the penalties set forth in sub16 section (a) shall apply without regard to whether the mak17 ing, receiving, or reporting of a contribution or expendi18 ture of $1,000 or more is involved. 

19 ‘‘(d) PROHIBITION OF CONTRIBUTIONS IN NAME OF

20 ANOTHER.—Any person who knowingly and willfully com21 mits a violation of section 320 involving an amount aggre22 gating more than $10,000 during a calendar year shall 

23 be— 

24 ‘‘(1) imprisoned for not more than 2 years if 

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1 prisonment under subsection (a) if the amount is 

2 $25,000 or more; 

3 ‘‘(2) fined not less than 300 percent of the 

4 amount involved in the violation and not more than 

5 the greater of— 

6 ‘‘(A) $50,000; or 

7 ‘‘(B) 1,000 percent of the amount involved 

8 in the violation; or 

9 ‘‘(3) both imprisoned as provided under para10 graph (1) and fined as provided under paragraph 

11 (2). 

12 ‘‘(e) EFFECT OF CONCILIATION AGREEMENTS.— 

13 ‘‘(1) EVIDENCE OF LACK OF KNOWLEDGE AND

14 INTENT.—In any criminal action brought for a viola15 tion of any provision of this Act or of chapter 95 or 

16 96 of the Internal Revenue Code of 1986, any de17 fendant may evidence their lack of knowledge or in18 tent to commit the alleged violation by introducing 

19 as evidence a conciliation agreement entered into be20 tween the defendant and the Administration under 

21 section 373(c)(1) which specifically deals with the 

22 act or failure to act constituting such violation and 

23 which is still in effect. 

24 ‘‘(2) CONSIDERATION BY COURTS.—In any 

25 criminal action brought for a violation of any proviVerDate Aug 31 2005 22:41 Jun 23, 2006 Jkt 049196 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S3560.IS S3560

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1 sion of this Act or of chapter 95 or 96 of the Inter2 nal Revenue Code of 1986, the court before which 

3 such action is brought shall take into account, in 

4 weighing the seriousness of the violation and in con5 sidering the appropriateness of the penalty to be im6 posed if the defendant is found guilty, whether— 

7 ‘‘(A) the specific act or failure to act which 

8 constitutes the violation for which the action 

9 was brought is the subject of a conciliation 

10 agreement entered into between the defendant 

11 and the Administration under section 373(c)(1); 

12 ‘‘(B) the conciliation agreement is in ef13 fect; and 

14 ‘‘(C) the defendant is, with respect to the 

15 violation involved, in compliance with the concil16 iation agreement. 

17 ‘‘SEC. 380. PERIOD OF LIMITATIONS. 

18 ‘‘No person shall be prosecuted, tried, or punished 

19 for any violation of this Act, unless the indictment is found 

20 or the information is instituted within 5 years after the 

21 date of the violation. 

22 ‘‘SEC. 381. AUTHORIZATION OF APPROPRIATIONS. 

23 ‘‘For each fiscal year, there are authorized to be ap24 propriated to the Administration such sums as may be 

25 necessary for the purpose of carrying out its functions 


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1 under this Act and under chapters 95 and 96 of the Inter2 nal Revenue Code of 1986.’’. 

3 SEC. 102. EXECUTIVE SCHEDULE POSITIONS. 

4 (a) EXECUTIVE SCHEDULE LEVEL III POSITION.— 

5 Section 5314 of title 5, United States Code, is amended 

6 by adding at the end the following: 

7 ‘‘Chair, Federal Election Administration.’’. 

8 (b) EXECUTIVE SCHEDULE LEVEL IV POSITIONS.— 

9 Section 5315 of title 5, United States Code, is amended 

10 by adding at the end the following: 

11 ‘‘Members (other than the Chair), Federal Elec12 tion Administration. 

13 ‘‘Staff Director, Federal Election Administra14 tion. 

15 ‘‘Inspector General, Federal Election Adminis16 tration.’’. 

17 (c) EXECUTIVE SCHEDULE LEVEL V POSITION.— 

18 Section 5316 of title 5, United States Code, is amended 

19 by adding at the end the following: 

20 ‘‘General Counsel, Federal Election Administra21 tion.’’. 


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1 SEC. 103. GAO EXAMINATION OF ENFORCEMENT OF CAM2 PAIGN FINANCE LAWS BY THE DEPARTMENT 

3 OF JUSTICE. 

4 (a) EXAMINATION.—The Comptroller General of the 

5 United States shall conduct a thorough examination of the 

6 enforcement of the criminal provisions of the Federal 

7 Election Campaign Act of 1971 (2 U.S.C. 431 et seq.) 

8 and chapters 95 and 96 of the Internal Revenue Code of 

9 1986 by the Attorney General. 

10 (b) REPORT.—Not later than 1 year after the date 

11 of enactment of this Act, the Comptroller General shall 

12 submit to the Attorney General and Congress a report on 

13 the examination conducted under subsection (a) together 

14 with recommendations on how the Attorney General may 

15 improve the enforcement of the criminal provisions of the 

16 Federal Election Campaign Act of 1971 (2 U.S.C. 431 

17 et seq.) and chapters 95 and 96 of the Internal Revenue 

18 Code of 1986, including recommendations on the re19 sources that the Attorney General would require to effec20 tively enforce such criminal provisions. 

21 SEC. 104. GAO STUDY AND REPORT ON APPROPRIATE 

22 FUNDING LEVELS. 

23 (a) STUDY.—The Comptroller General of the United 

24 States shall conduct an ongoing study on the level of fund25 ing that constitutes an adequate level of resources for the 

26 Federal Election Administration to competently execute 


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1 the responsibilities imposed on the Administration by this 

2 Act. 

3 (b) REPORT.—Not later than 1 year after the date 

4 of enactment of this Act, and once every 2 years there5 after, the Comptroller General shall submit to the Director 

6 of the Office of Management and Budget and Congress 

7 a report on the study conducted under subsection (a) to8 gether with recommendations for such legislation and ad9 ministrative action as the Comptroller General determines 

10 to be appropriate. 

11 SEC. 105. CONFORMING AMENDMENTS. 

12 (a) INDEPENDENT AGENCY.—Section 104 of title 5, 

13 United States Code, is amended— 

14 (1) in paragraph (1), by striking ‘‘and’’ after 

15 the semicolon; 

16 (2) in paragraph (2), by striking the period and 

17 inserting ‘‘; and’’; and 

18 (3) by adding at the end the following new 

19 paragraph: 

20 ‘‘(3) the Federal Election Administration.’’. 

21 (b) COVERAGE UNDER INSPECTOR GENERAL ACT.— 

22 Section 8G(a)(2) of the Inspector General Act of 1978 (5 

23 U.S.C. App.) is amended by striking ‘‘Federal Election 

24 Commission’’ and inserting ‘‘Federal Election Administra25 tion’’. 


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1 (c) COVERAGE OF PERSONNEL UNDER HATCH

2 ACT.—Section 7323(b) of title 5, United States Code, is 

3 amended— 

4 (1) in paragraph (1), by striking ‘‘Federal Elec5 tion Commission’’ and inserting ‘‘Federal Election 

6 Administration’’; and 

7 (2) in paragraph (2)(B)(i)(I), by striking ‘‘Fed8 eral Election Commission’’ and inserting ‘‘Federal 

9 Election Administration’’. 

10 (d) EXCLUSION FROM SENIOR EXECUTIVE SERV11 ICE.—Section 3132(a)(1)(C) of title 5, United States 

12 Code, is amended by striking ‘‘Federal Election Commis13 sion’’ and inserting ‘‘Federal Election Administration’’. 

14 (e) SUBTITLE A.—Title III of the Federal Election 

15 Campaign Act of 1971 (2 U.S.C. 431 et seq.) is amended 

16 by inserting before section 301 the following: 

17 ‘‘Subtitle A—General Provisions’’. 

18 TITLE II—TRANSITION 

19 PROVISIONS 

20 SEC. 201. TRANSFER OF FUNCTIONS OF FEDERAL ELEC21 TION COMMISSION. 

22 There are transferred to the Federal Election Admin23 istration established under section 351 of the Federal 

24 Election Campaign Act of 1971 (as added by section 101) 


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1 all functions that the Federal Election Commission exer2 cised before the date described in section 205(a). 

3 SEC. 202. TRANSFER OF PROPERTY, RECORDS, AND PER4 SONNEL. 

5 (a) PROPERTY AND RECORDS.—The contracts, liabil6 ities, records, property, and other assets and interests of, 

7 or made available in connection with, the offices and func8 tions of the Federal Election Commission which are trans9 ferred by this title are transferred to the Federal Election 

10 Administration. 

11 (b) PERSONNEL.—The personnel employed in con12 nection with the offices and functions of the Federal Elec13 tion Commission which are transferred by this title are 

14 transferred to the Federal Election Administration. 

15 SEC. 203. REPEALS. 

16 The following provisions of the Federal Election 

17 Campaign Act of 1971 are repealed: 

18 (1) Section 306 (2 U.S.C. 437c). 

19 (2) Section 307 (2 U.S.C. 437d). 

20 (3) Section 308 (2 U.S.C. 437f). 

21 (4) Section 309 (2 U.S.C. 437g). 

22 (5) Section 310 (2 U.S.C. 437h). 

23 (6) Section 311 (2 U.S.C. 438). 

24 (7) Section 314 (2 U.S.C. 439c). 

25 (8) Section 406 (2 U.S.C. 455). 


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1 SEC. 204. CONFORMING AMENDMENTS. 

2 (a) Title III of the Federal Election Campaign Act 

3 of 1971 (2 U.S.C. 431 et seq.) is amended— 

4 (1) in section 301, by striking paragraph (10) 

5 and inserting the following: 

6 ‘‘(10) The term ‘Administration’ means the Federal 

7 Election Administration.’’; 

8 (2) by striking ‘‘Federal Election Commission’’ 

9 and inserting ‘‘Administration’’ each place it ap10 pears; and 

11 (3) by striking ‘‘Commission’’ and inserting 

12 ‘‘Administration’’ each place it appears. 

13 (b) Section 3502(1)(B) of title 44, United States 

14 Code, is amended by striking ‘‘Federal Election Commis15 sion’’ and inserting ‘‘Federal Election Administration’’. 

16 (c) Section 207(j)(7)(B)(i) of title 18, United States 

17 Code, is amended by striking ‘‘the Federal Election Com18 mission by a former officer or employee of the Federal 

19 Election Commission’’ and inserting ‘‘the Federal Election 

20 Administration by a former officer or employee of the Fed21 eral Election Commission or the Federal Election Admin22 istration’’. 

23 (d) Section 103 of the Ethics in Government Act of 

24 1978 (5 U.S.C. App.) is amended— 


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1 (1) in subsection (e), by striking ‘‘the Federal 

2 Election Commission’’ and inserting ‘‘the Federal 

3 Election Administration’’; and 

4 (2) in subsection (k), by striking ‘‘the Federal 

5 Election Commission’’ and inserting ‘‘the Federal 

6 Election Administration’’. 

7 (e)(1) Section 9002(3) of the Internal Revenue Code 

8 of 1986 is amended to read as follows: 

9 ‘‘(3) The term ‘Administration’ means the Fed10 eral Election Administration established under sec11 tion 351 of the Federal Election Campaign Act of 

12 1971.’’. 

13 (2) Chapter 95 of the Internal Revenue Code of 1986 

14 is amended by striking ‘‘Commission’’ and inserting ‘‘Ad15 ministration’’ each place it appears. 

16 (f)(1) Section 9032(3) of the Internal Revenue Code 

17 of 1986 is amended to read as follows: 

18 ‘‘(3) The term ‘Administration’ means the Fed19 eral Election Administration established under sec20 tion 351 of the Federal Election Campaign Act of 

21 1971.’’. 

22 (2) Chapter 96 of the Internal Revenue Code of 1986 

23 is amended by striking ‘‘Commission’’ and inserting ‘‘Ad24 ministration’’ each place it appears. 


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1 (g) Section 3(c) of the Voting Accessibility for the 

2 Elderly and Handicapped Act (42 U.S.C. 1973ee–1(c)) is 

3 amended— 

4 (1) in paragraph (1)— 

5 (A) by striking ‘‘Federal Election Commis6 sion’’ and inserting ‘‘Federal Election Adminis7 tration’’; and 

8 (B) by striking ‘‘Commission’’ and insert9 ing ‘‘Administration’’; and 

10 (2) in paragraph (2), by striking ‘‘Federal Elec11 tion Commission’’ and inserting ‘‘Federal Election 

12 Administration’’. 

13 SEC. 205. EFFECTIVE DATE. 

14 (a) IN GENERAL.—This title and the amendments 

15 made by this title shall take effect on the date that is 6 

16 months after the date of enactment of this Act. 

17 (b) TERMINATION OF THE FEDERAL ELECTION COM18 MISSION.—Notwithstanding any other provision of, or 

19 amendment made by, this Act, the members of the Federal 

20 Election Commission shall be removed from office on the 

21 date described in subsection (a). 

Æ 


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