I 

108TH CONGRESS 

1ST SESSION H. R. 2709

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 HOUSE OF REPRESENTATIVES 

JULY 10, 2003

Mr. SHAYS (for himself and Mr. MEEHAN) introduced the following bill; which 

was referred to the Committee on House 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 2003’’. 

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 

Sec. 101. Establishment of the Federal Election Administration. 
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‘‘Subtitle B—Administrative Provisions 

‘‘CHAPTER 1—ESTABLISHMENT OF THE FEDERAL ELECTION

ADMINISTRATION

‘‘Sec. 351. Establishment of the Federal Election Administration. 

‘‘Sec. 352. Composition of Federal Election Administration. 

‘‘Sec. 353. Staff director. 

‘‘Sec. 354. General counsel. 

‘‘Sec. 355. Inspector general. 

‘‘CHAPTER 2—OPERATION OF THE FEDERAL ELECTION ADMINISTRATION

‘‘Sec. 361. Powers of the Chair and Administration. 

‘‘Sec. 362. Independent budget requests and legislative proposals. 

‘‘Sec. 363. Advisory opinions. 

‘‘Sec. 364. Issuance and enforcement of subpoenas. 

‘‘Sec. 365. Rulemaking authority. 

‘‘Sec. 366. Litigation authority. 

‘‘Sec. 367. Availability of reports. 

‘‘Sec. 368. Audits and field examinations. 

‘‘Sec. 369. Congressional oversight. 

‘‘CHAPTER 3—ENFORCEMENT

‘‘Sec. 371. Initiation of enforcement actions by Administration. 

‘‘Sec. 372. Complaint to initiate enforcement action. 

‘‘Sec. 373. Civil enforcement actions. 

‘‘Sec. 374. Notification of nonfilers. 

‘‘Sec. 375. Civil monetary penalties. 

‘‘Sec. 376. Cease-and-desist orders. 

‘‘Sec. 377. Collection. 

‘‘Sec. 378. Confidentiality. 

‘‘Sec. 379. Criminal penalties. 

‘‘Sec. 380. Period of limitations.’’. 

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.
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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’). 

17 ‘‘(b) INDEPENDENT ESTABLISHMENT.—The Admin18 istration shall be an independent establishment (as defined 

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

20 ‘‘(c) PURPOSE.—The Administration shall admin21 ister, seek to obtain compliance with, enforce, and formu22 late policy in a manner that is consistent with the lan23 guage and intent of Congress with respect to the following 

24 statutes:

25 ‘‘(1) This Act. 
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1 ‘‘(2) The Presidential Election Campaign Fund 

2 Act under chapter 95 of the Internal Revenue Code 

3 of 1986. 

4 ‘‘(3) The Presidential Primary Matching Pay5 ment Account Act under chapter 96 of the Internal 

6 Revenue Code of 1986. 

7 ‘‘(d) EXCLUSIVE CIVIL JURISDICTION.—The Admin8 istration shall have exclusive jurisdiction with respect to 

9 the civil enforcement of the statutes identified in sub10 section (c). 

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

12 Administration with respect to the exercise of its duties 

13 and powers under this Act, except those expressly reserved 

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

15 of its members. 

16 ‘‘(f) MEETINGS AND QUORUM.—

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

18 meet—

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

20 ‘‘(B) at the call of the Chair. 

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

22 the Administration shall constitute a quorum. 

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

24 proper seal, with such suitable inscriptions and devices as 

25 the President shall approve. This seal, to be known as the 
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1 official seal of the Federal Election Administration, shall 

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

3 rules and regulations as the Administration may prescribe. 

4 Judicial notice shall be taken of the seal. 

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

6 Administration shall be in or near the District of Colum7 bia, but the Administration may meet or exercise any of 

8 its powers anywhere in the United States. 

9 ‘‘SEC. 352. COMPOSITION OF THE FEDERAL ELECTION AD10 MINISTRATION. 

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

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

13 Chair of the Administration. The 2 members of the Ad14 ministration other than the Chair shall not be affiliated 

15 with the same political party. 

16 ‘‘(b) APPOINTMENT.—

17 ‘‘(1) IN GENERAL.—Each member of the Ad18 ministration shall be appointed by the President, by 

19 and with the advice and consent of the Senate. 

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

21 of nomination of the first 3 members of the Admin22 istration, designate 1 of the 3 to serve as the Chair. 

23 Any individual appointed to succeed, or to fill the 

24 unexpired term of, that member (or any member 

25 succeeding that member) shall serve as the Chair. 
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1 ‘‘(3) QUALIFICATIONS.—

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

3 paragraph (1) shall possess demonstrated integ4 rity, independence, and public credibility. 

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

6 under paragraph (1) if—

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

8 served as a member of the Federal Elec9 tion Commission subject to a term limit; or 

10 ‘‘(ii) at any time during the 4-year pe11 riod ending on the date of the nomination 

12 of such individual, the individual was—

13 ‘‘(I) a candidate, an employee of 

14 a candidate, or an attorney for a can15 didate; 

16 ‘‘(II) an elected officeholder, an 

17 employee of an elected officeholder, or 

18 an attorney for an elected office19 holder; 

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

21 political party or an attorney for a po22 litical party; or 

23 ‘‘(IV) employed in a position in 

24 the executive branch of the Govern25 ment of a confidential or policy-deter-
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1 mining character under Schedule C of 

2 subpart C of part 213 of title 5 of the 

3 Code of Federal Regulations. 

4 ‘‘(c) TERM OF OFFICE.—

5 ‘‘(1) IN GENERAL.—

6 ‘‘(A) CHAIR.—The Chair of the Adminis7 tration shall be appointed for a term of 10 

8 years. 

9 ‘‘(B) OTHER MEMBERS.—Subject to sub10 paragraph (C), the 2 members of the Adminis11 tration other than the Chair shall be appointed 

12 for a term of 6 years. 

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

14 members initially appointed under subpara15 graph (B), 1 member shall be appointed for a 

16 term of 3 years. 

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

18 the Administration may only serve 1 term, except 

19 that— 

20 ‘‘(A) the individual appointed under sub21 paragraph (B) of paragraph (1) who is ap22 pointed for the term described in subparagraph 

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

24 6-year term in addition to the term described in 

25 such subparagraph; and 
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1 ‘‘(B) an individual appointed under para2 graph (4) to fill the remainder of an unexpired 

term that has less than 1 3 ⁄2 of the term remain4 ing may be appointed to serve another term. 

5 ‘‘(3) EXPIRED TERMS.—An individual may con6 tinue to serve as a member of the Administration 

7 after the expiration of such individual’s term until 

8 the earlier of—

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

10 successor has taken office; or 

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

12 the term of such member expired. 

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

14 upon a vacancy occurring before the expiration of 

15 the term for which the individual’s predecessor was 

16 appointed shall be appointed only for the unexpired 

17 term of the predecessor. Such vacancy shall be filled 

18 in the same manner as the original appointment. 

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

20 not engage in any other business, vocation, or em21 ployment while serving as a member of the Adminis22 tration.

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

24 may be removed by the President only for inefficiency, ne25 glect of duty, or malfeasance in office. 
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1 ‘‘SEC. 353. STAFF DIRECTOR. 

2 ‘‘(a) IN GENERAL.—There shall be in the Adminis3 tration a staff director. 

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

5 ‘‘(1) shall assist the Administration in its ad6 ministration and operations; 

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

8 Administration shall prescribe; and 

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

10 ‘‘(A) appoint and fix the pay of such addi11 tional personnel as the staff director considers 

12 appropriate without regard to the provisions of 

13 title 5, United States Code, governing appoint14 ments in the competitive service; and 

15 ‘‘(B) procure temporary and intermittent 

16 services to the same extent as is authorized by 

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

18 but at rates for individuals not to exceed the 

19 daily equivalent of the annual rate of basic pay 

20 in effect for grade GS–15 of the General Sched21 ule (5 U.S.C. 5332). 

22 ‘‘(c) APPOINTMENT.—The staff director shall be ap23 pointed by the Chair, after consultation with the other 

24 members of the Administration. 
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1 ‘‘(d) OTHER ACTIVITIES.—An individual may not en2 gage in any other business, vocation, or employment while 

3 serving as the staff director. 

4 ‘‘SEC. 354. GENERAL COUNSEL. 

5 ‘‘(a) IN GENERAL.—There shall be in the Adminis6 tration a general counsel. 

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

8 shall—

9 ‘‘(1) serve as the chief legal officer of the Ad10 ministration; 

11 ‘‘(2) provide legal assistance to the Administra12 tion concerning its programs and policies; 

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

14 carrying out its responsibilities under section 361; 

15 and 

16 ‘‘(4) represent the Administration in any pro17 ceeding in court or before an administrative law 

18 judge. 

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

20 appointed by the Chair, after consultation with the other 

21 members of the Administration. 

22 ‘‘SEC. 355. INSPECTOR GENERAL. 

23 ‘‘There shall be in the Administration an inspector 

24 general. The inspector general and the office of inspector 
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1 general shall be subject to the Inspector General Act of 

2 1978 (5 U.S.C. App.). 

3 ‘‘CHAPTER 2—OPERATION OF THE 

4 FEDERAL ELECTION ADMINISTRATION 

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

6 ‘‘(a) CHAIR.—

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

8 chief administrative officer of the Administration 

9 with the authority to administer the Administration 

10 and shall, after consultation with the other 2 mem11 bers of the Administration, have the power to ap12 point or remove the staff director and general coun13 sel and to establish the budget of the Administra14 tion. 

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

16 power—

17 ‘‘(A) to the fullest extent practicable, to re18 quest the assistance of other agencies and de19 partments of the United States, including the 

20 personnel and facilities of such agencies and de21 partments and the heads of such agencies and 

22 departments may make available to the Chair 

23 such personnel, facilities, and other assistance, 

24 with or without reimbursement; 
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1 ‘‘(B) to appoint, assign, remove, and com2 pensate administrative law judges in accordance 

3 with title 5, United States Code; 

4 ‘‘(C) to require, by special or general or5 ders, any person to submit, under oath, such 

6 written reports and answers to questions as the 

7 Chair may prescribe; 

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

9 ‘‘(E) to issue and enforce subpoenas in ac10 cordance with section 364; 

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

12 order testimony to be taken by deposition be13 fore any person who is designated by the Chair 

14 and has the power to administer oaths and, in 

15 such instances, to compel testimony and the 

16 production of evidence in the same manner as 

17 authorized under subparagraph (E); 

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

19 accordance with section 364(d); and 

20 ‘‘(H) to make independent budget requests 

21 to Congress in accordance with section 362. 

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

23 have the power—

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

25 general counsel, any civil action in the name of the 
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1 Administration to enforce the provisions of this Act 

2 and chapters 95 and 96 of the Internal Revenue 

3 Code of 1986; 

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

5 this Act and chapters 95 and 96 of the Internal 

6 Revenue Code of 1986; 

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

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

9 Internal Revenue Code of 1986; 

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

11 agency adjudication that ensure timely enforcement 

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

13 Revenue Code of 1986; 

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

15 363; 

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

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

18 ‘‘(7) to establish procedures for alternative dis19 pute resolution of violations of this Act or of chap20 ters 95 or 96 of the Internal Revenue Code of 1986; 

21 ‘‘(8) to conduct investigations and hearings ex22 peditiously, to encourage voluntary compliance, and 

23 to report apparent violations to the appropriate law 

24 enforcement authorities; and 
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1 ‘‘(9) to transmit to the President and to Con2 gress no later than June 1 of each year, a report 

3 which states in detail the activities of the Adminis4 tration in carrying out its duties under this Act, and 

5 which includes any recommendations for any legisla6 tive or other action the Administration considers ap7 propriate. 

8 ‘‘SEC. 362. INDEPENDENT BUDGET REQUESTS AND LEGIS9 LATIVE PROPOSALS. 

10 ‘‘(a) EXEMPTION FROM OMB OVERSIGHT.—When11 ever the Chair submits any budget estimate or request to 

12 the President or the Office of Management and Budget, 

13 the Chair shall concurrently transmit a copy of such esti14 mate or request to Congress. 

15 ‘‘(b) AUTHORITY TO MAKE INDEPENDENT LEGISLA16 TIVE RECOMMENDATIONS.—Whenever the Administration 

17 submits any legislative recommendation, testimony, or 

18 comments on legislation requested by Congress or by any 

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

20 Management and Budget, the Administration shall con21 currently transmit a copy thereof to Congress or to the 

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

23 United States shall have any authority to require the Ad24 ministration to submit its legislative recommendations, 

25 testimony, or comments on legislation, to any office or 
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1 agency of the United States for approval, comments, or 

2 review, prior to the submission of such recommendations, 

3 testimony, or comments to Congress. 

4 ‘‘SEC. 363. ADVISORY OPINIONS. 

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

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

7 after the Administration receives from a person a 

8 complete written request concerning the application 

9 of this Act, chapter 95 or 96 of the Internal Rev10 enue Code of 1986, or a rule or regulation pre11 scribed by the Administration, with respect to a spe12 cific transaction or activity by the person, the Ad13 ministration shall render a written advisory opinion 

14 relating to such transaction or activity to the person. 

15 ‘‘(2) REQUESTS BY CANDIDATES.—If an advi16 sory opinion is requested by a candidate, or any au17 thorized committee of such candidate, during the 60-

18 day period before any election for Federal office in19 volving the requesting party, the Administration 

20 shall render a written advisory opinion relating to 

21 such request no later than 20 days after the Admin22 istration receives a complete written request.

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

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

25 of the Internal Revenue Code of 1986 may be initially pro-
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1 posed by the Administration only as a rule or regulation 

2 pursuant to procedures established in section 365. No 

3 opinion of an advisory nature may be issued by the Admin4 istration or any other officer or employee of the Adminis5 tration except in accordance with the provisions of this 

6 section. 

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

8 ‘‘(1) IN GENERAL.—Any advisory opinion ren9 dered by the Administration under subsection (a) 

10 may be relied upon by— 

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

12 transaction or activity with respect to which 

13 such advisory opinion is rendered; and 

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

15 transaction or activity which is indistinguish16 able in all its material aspects from the trans17 action or activity with respect to which such ad18 visory opinion is rendered. 

19 ‘‘(2) PROTECTION FROM LIABILITY.—Notwith20 standing any other provisions of law, any person 

21 who relies upon any provision or finding of an advi22 sory opinion in accordance with the provisions of 

23 paragraph (1) and who acts in good faith in accord24 ance with the provisions and findings of such advi25 sory opinion shall not, as a result of any such act, 
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1 be subject to any sanction provided by this Act or 

2 by chapter 95 or 96 of the Internal Revenue Code 

3 of 1986. 

4 ‘‘(d) PUBLICATION OF REQUESTS.—The Administra5 tion shall make public any request made under subsection 

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

7 opinion, the Administration shall accept written comments 

8 submitted by any interested party within the 10-day pe9 riod following the date on which the request is made pub10 lic. 

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

12 ‘‘(a) ISSUANCE BY THE CHAIR.—If the Administra13 tion is conducting an investigation pursuant to section 371 

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

15 have the power to require by subpoena the attendance and 

16 testimony of witnesses and the production of all documen17 tary evidence relating to the execution of the Administra18 tion’s duties. 

19 ‘‘(b) ISSUANCE BY AN ADMINISTRATIVE LAW

20 JUDGE.—Any administrative law judge presiding over an 

21 enforcement action pursuant to section 373 shall have the 

22 power to require by subpoena the attendance and testi23 mony of witnesses and the production of all documentary 

24 evidence relating to the administrative law judge’s duties. 
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1 ‘‘(c) ISSUANCE AND ENFORCEMENT OF SUB2 POENAS.—

3 ‘‘(1) ISSUANCE.—Subpoenas issued under sub4 section (a) or (b) shall bear the signature of the 

5 Chair or an administrative law judge, respectively, 

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

7 designated by the Chair or administrative law judge 

8 for that purpose. 

9 ‘‘(2) ENFORCEMENT.—In the case of contu10 macy or failure to obey a subpoena issued under 

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

12 the judicial district in which the subpoenaed person 

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

14 order requiring such person to appear at any des15 ignated place to testify or to produce documentary 

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

17 the court may be punished by the court as a con18 tempt of that court. 

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

20 1821 of title 28, United States Code, shall apply to wit21 nesses requested or subpoenaed to appear at any hearing 

22 of the Administration. The per diem and mileage allow23 ances for witnesses shall be paid from funds available to 

24 pay the expenses of the Administration. 
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1 ‘‘(e) JURISDICTION.—Subpoenas for witnesses who 

2 are required to attend a Federal district court may run 

3 into any other district. 

4 ‘‘SEC. 365. RULEMAKING AUTHORITY. 

5 ‘‘(a) IN GENERAL.—The Administration may, pursu6 ant to the provisions of chapter 5 of title 5, United States 

7 Code, prescribe such rules and regulations as the Adminis8 tration deems necessary to carry out the provisions of this 

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

10 of 1986, including the authority to promulgate rules of 

11 practice and procedure for agency adjudications. 

12 ‘‘(b) AUTHORITY TO PROMULGATE INDEPENDENT

13 REGULATIONS.—Whenever the Administration promul14 gates any regulation, it shall not be required to submit 

15 such regulation for review or approval to the President 

16 or the Office of Management and Budget. 

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

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

19 including procedures for the conduct of enforcement ac20 tions under sections 371, 372, and 373. 

21 ‘‘(d) FORMS.—

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

23 prescribe forms necessary to implement this Act and 

24 chapters 95 and 96 of the Internal Revenue Code of 

25 1986. 
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1 ‘‘(2) PUBLIC PROTECTION.—Any forms pre2 scribed by the Administration under paragraph (1), 

3 and any information-gathering activities of the Ad4 ministration under this Act, shall not be subject to 

5 the provisions of section 3512 of title 44, United 

6 States Code. 

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

8 Notwithstanding any other provision of law, any person 

9 who relies upon any rule or regulation prescribed by the 

10 Administration in accordance with the provisions of this 

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

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

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

14 95 or 96 of the Internal Revenue Code of 1986. 

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

16 rules, regulations, and forms under this section, the Ad17 ministration and the Secretary of the Treasury shall con18 sult and work together to promulgate rules, regulations, 

19 and forms which are mutually consistent. The Administra20 tion shall report to Congress annually on the steps it has 

21 taken to comply with this section. 

22 ‘‘(g) JUDICIAL REVIEW.—

23 ‘‘(1) IN GENERAL.—Any person adversely af24 fected by a rule, regulation, or form promulgated by 

25 the Administration may obtain judicial review of 
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1 such rule, regulation, or form by filing a petition in 

2 the United States Court of Appeals for the District 

3 of Columbia Circuit. 

4 ‘‘(2) SCOPE OF REVIEW.—For purposes of con5 ducting the judicial review described in paragraph 

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

7 States Code, shall apply. 

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

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

10 series of interrelated provisions stating a single, separable 

11 rule of law. 

12 ‘‘SEC. 366. LITIGATION AUTHORITY. 

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

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

15 of title 5, United States Code, the Administration is au16 thorized to bring, appear in, defend against, and appeal 

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

18 of the Internal Revenue Code of 1986, in any court ei19 ther—

20 ‘‘(1) by attorneys employed by the Administra21 tion; or 

22 ‘‘(2) by counsel whom it may appoint, on a tem23 porary basis as may be necessary for such purpose, 

24 without regard to the provisions of title 5, United 

25 States Code, governing appointments in the competi-
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1 tive service, and whose compensation it may fix 

2 without regard to the provisions of chapter 51 and 

3 subchapter III of chapter 53 of such title. 

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

5 The compensation of counsel appointed on a temporary 

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

7 funds otherwise available to pay the compensation of em8 ployees of the Administration. 

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

10 In pursuing an action under this section, the Administra11 tion may act independently of the Attorney General. 

12 ‘‘SEC. 367. AVAILABILITY OF REPORTS. 

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

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

15 required to file reports and statements under this 

16 Act a manual recommending uniform methods of 

17 bookkeeping and reporting; 

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

19 system consistent with the purposes of this Act; 

20 ‘‘(3) within 48 hours after the time of the re21 ceipt by the Administration of reports and state22 ments filed with the Administration, make them 

23 available for public inspection, and copying, at the 

24 expense of the person requesting such copying, ex25 cept that any information copied from such reports 
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1 or statements may not be sold or used by any person 

2 for the purpose of soliciting contributions or for 

3 commercial purposes, other than using the name and 

4 address of any political committee to solicit contribu5 tions from such committee; 

6 ‘‘(4) keep such designations, reports, and state7 ments for a period of 10 years from the date of re8 ceipt and maintain computerized records of such 

9 designations, reports, and statements thereafter; 

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

11 index of designations, reports, and statements filed 

12 under this Act, publish the index at regular inter13 vals, and make the index available for purchase di14 rectly or by mail; 

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

16 cumulative index of reports and statements filed by 

17 multicandidate committees, including in such index a 

18 list of multicandidate committees; and 

19 ‘‘(C) compile and maintain a list of multi20 candidate committees, which shall be revised and 

21 made available monthly; 

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

23 authorized committees which fail to file reports as 

24 required by this Act; and 
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1 ‘‘(7) serve as a national clearinghouse for the 

2 compilation of information and review of procedures 

3 with respect to the administration of Federal elec4 tions. 

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

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

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

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

9 such committee attaches a list of such pseudonyms to the 

10 appropriate report. The Administration shall exclude these 

11 lists from the public record. 

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

13 into contracts for the purpose of performing the duties 

14 described in subsection (a). 

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

16 information described in subsection (a) shall be available 

17 to the public, except that—

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

19 upon request, to agencies and branches of the Fed20 eral Government; and 

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

22 the application of paragraph (7) of such subsection 

23 shall be made available to the public only upon the 

24 payment of the cost thereof. 
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1 ‘‘SEC. 368. AUDITS AND FIELD EXAMINATIONS. 

2 ‘‘(a) IN GENERAL.—The Administration may, in ac3 cordance with the provisions of this section, conduct audits 

4 and field investigations of any political committee required 

5 to file a report under section 304. 

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

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

8 payments received by a candidate or committee under 

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

10 shall be given priority. 

11 ‘‘(c) AUDITS AND FIELD EXAMINATIONS WHERE

12 THRESHOLDS NOT MET.—

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

14 shall conduct an internal review of reports filed by 

15 selected committees to determine if the reports filed 

16 by a particular committee meet the threshold re17 quirements for substantial compliance with the Act. 

18 Such thresholds for compliance shall be established 

19 by the Administration. 

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

21 Administration may vote to conduct an audit and 

22 field investigation of any committee which it deter23 mines under paragraph (1) does not meet the 

24 threshold requirements established by the Adminis25 tration. Such audits shall be commenced within 30 

26 days of such vote, except that any audit under the 
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•HR 2709 IH 

1 provisions of this subsection of an authorized com2 mittee of a candidate shall be commenced within 6 

3 months of the election for which such committee is 

4 authorized. 

5 ‘‘(d) RANDOM AUDITS.—

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

7 conducted under subsection (c), the Administration 

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

9 committee selected at random to ensure compliance 

10 with this Act. The selection of any committee under 

11 this paragraph shall be based on standards and pro12 cedures adopted by the Administration, except that 

13 in any calendar year such audits may be initiated 

14 against no more than 3 percent of all authorized 

15 candidate campaign committees. 

16 ‘‘(2) APPLICABLE RULES.—

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

18 selects a committee for audit under paragraph 

19 (1), the Administration shall promptly notify 

20 the committee of the selection and commence 

21 the audit within 30 days of the selection.

22 ‘‘(B) SPECIAL RULES FOR AUTHORIZED

23 COMMITTEES.—If the committee selected under 

24 paragraph (1) is an authorized committee of a 

25 candidate, the audit—
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•HR 2709 IH 

1 ‘‘(i) shall be commenced and actively 

2 undertaken within 6 months of the election 

3 for which the committee is authorized; and 

4 ‘‘(ii) may examine compliance with 

5 this Act only with respect to that election. 

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

7 apply to an authorized committee of a candidate for 

8 President or Vice President subject to audit under 

9 section 9007 or 9038 of the Internal Revenue Code 

10 of 1986. 

11 ‘‘SEC. 369. CONGRESSIONAL OVERSIGHT. 

12 ‘‘Nothing in this Act shall be construed to limit, re13 strict, or diminish any investigatory, informational, over14 sight, supervisory, or disciplinary authority or function of 

15 Congress or any committee of Congress with respect to 

16 elections for Federal office. 

17 ‘‘CHAPTER 3—ENFORCEMENT 

18 ‘‘SEC. 371. INITIATION OF ENFORCEMENT ACTIONS BY AD19 MINISTRATION. 

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

21 a civil enforcement action under section 373 if, after con22 ducting an investigation, the Administration finds reason23 able grounds to believe that a violation of this Act or of 

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

25 has occurred or is about to occur. 
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•HR 2709 IH 

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

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

3 information available to the Administration, including the 

4 filing of a complaint under section 372. 

5 ‘‘(c) NOTICE AND OPPORTUNITY TO DEMONSTRATE

6 NO VIOLATION.—Prior to initiating an enforcement action 

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

8 person under investigation notice and the opportunity to 

9 demonstrate that there are no reasonable grounds to be10 lieve a violation has occurred or is about to occur, but the 

11 Administration’s decision on such matter shall not be sub12 ject to judicial review. 

13 ‘‘SEC. 372. COMPLAINT TO INITIATE ENFORCEMENT AC14 TION. 

15 ‘‘(a) FILING OF COMPLAINT.—

16 ‘‘(1) IN GENERAL.—Any person may file a com17 plaint with the Administration alleging a violation of 

18 this Act or of chapter 95 or 96 of the Internal Rev19 enue Code of 1986. 

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

21 filed under paragraph (1) shall be—

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

23 the person filing such complaint; 

24 ‘‘(B) notarized; and 
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•HR 2709 IH 

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

2 subject to the provisions of section 1001 of title 

3 18, United States Code. 

4 ‘‘(3) ACTION BY THE ADMINISTRATION.—Sub5 ject to paragraph (4), based on the allegations in a 

6 complaint filed under paragraph (1), and such inves7 tigations the Administration deems necessary and 

8 appropriate, the Administration may—

9 ‘‘(A) initiate a civil enforcement action 

10 under section 373 if the Administration finds 

11 reasonable grounds to believe a violation has oc12 curred or is about to occur; or 

13 ‘‘(B) dismiss the complaint. 

14 ‘‘(4) PROHIBITION OF ANONYMOUS COM15 PLAINTS.—The Commission may not conduct any 

16 investigation or take any other action under this sec17 tion solely on the basis of a complaint of a person 

18 whose identity is not disclosed to the Administration. 

19 ‘‘(b) NOTICE AND OPPORTUNITY TO DEMONSTRATE

20 NO VIOLATION.—Prior to initiating an enforcement action 

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

22 any person named in a complaint notice and an oppor23 tunity to demonstrate that there are no reasonable 

24 grounds to believe a violation described in such subsection 

25 has occurred or is about to occur, but the Administration’s 
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•HR 2709 IH 

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

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

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

4 TIMELY ACTION.—

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

6 ‘‘(A) dismisses a complaint filed under 

7 subsection (a); or 

8 ‘‘(B) fails to initiate a civil enforcement ac9 tion under section 373 within 180 days of the 

10 filing of such a complaint, 

11 the person filing the complaint under subsection (a) 

12 may seek judicial review of the Administration’s dis13 missal, or failure to act, in Federal district court in 

14 the District of Columbia or in the district in which 

15 such person resides. 

16 ‘‘(2) SCOPE OF REVIEW.—The court shall re17 view the Administration’s dismissal of the complaint 

18 or failure to act in accordance with the provisions of 

19 section 706 of title 5, United States Code. 

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

21 the Administration to initiate an enforcement action 

22 or to conduct a further investigation of the com23 plaint within a time set by the court. 
31

•HR 2709 IH 

1 ‘‘SEC. 373. CIVIL ENFORCEMENT ACTIONS. 

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

3 the authority to impose a civil monetary penalty under sec4 tion 375, issue a cease-and-desist order under section 376, 

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

6 on the record after notice and an opportunity for hearing 

7 before an administrative law judge pursuant to subchapter 

8 II of chapter 5 of title 5, United States Code, that a per9 son has violated (or, in the case of a cease-and-desist 

10 order, has violated or is about to violate) this Act or chap11 ter 95 or 96 of the Internal Revenue Code of 1986. The 

12 general counsel shall represent the Administration in any 

13 proceeding before an administrative law judge. 

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

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

16 under section 371 or 372 that there are reasonable 

17 grounds to believe a violation has occurred or is 

18 about to occur, the Administration shall serve writ19 ten notice of the charges on each respondent, and 

20 shall conduct such further investigation as the Ad21 ministration deems necessary and appropriate. 

22 ‘‘(2) REQUEST FOR HEARING.—Each respond23 ent shall have an opportunity to request, prior to the 

24 date that is 30 days after the date on which the no25 tice is received, a hearing on the charges before an 

26 administrative law judge. 
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•HR 2709 IH 

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

2 HEARING.—If no hearing is requested, the Adminis3 tration shall make a finding on the charges, and 

4 shall issue whatever relief the Administration deems 

5 appropriate under sections 375 and 376. 

6 ‘‘(c) CONCILIATION.— 

7 ‘‘(1) PROCEDURES FOR ENTERING INTO CON8 CILIATION AGREEMENTS.—

9 ‘‘(A) IN GENERAL.—If the respondent re10 quests a hearing under subsection (b)(2), the 

11 Administration shall attempt, for a period that 

12 does not exceed 60 days (or 15 days if the hear13 ing is requested within 60 days of an election), 

14 to correct or prevent such violation by informal 

15 methods of conference, conciliation, and persua16 sion, and to enter into a conciliation agreement 

17 with the respondent. In the case of a hearing 

18 that is requested at a time other than within 60 

19 days of an election, the period for conciliation 

20 shall not be less than 30 days unless an agree21 ment is reached before then.

22 ‘‘(B) INCLUSION OF CIVIL MONETARY PEN23 ALTIES.—A conciliation agreement may include 

24 a requirement that the person involved in such 

25 conciliation shall pay a civil monetary penalty 
33

•HR 2709 IH 

1 that does not exceed the amounts set forth in 

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

3 a knowing and willful violation, the amounts set 

4 forth in subsection (b) of such section. The con5 ciliation agreement may also include the re6 quirement that the person involved consent to 

7 the terms of a cease-and-desist order, as pro8 vided in section 376. 

9 ‘‘(C) REPRESENTATION BY GENERAL

10 COUNSEL.—The general counsel shall represent 

11 the Administration in any negotiations for a 

12 conciliation agreement and any such concilia13 tion agreement shall be subject to the approval 

14 of the Administration. 

15 ‘‘(D) BAR TO FURTHER ACTION.—A con16 ciliation agreement, unless violated, is a com17 plete bar to any further action by the Adminis18 tration. 

19 ‘‘(2) CONFIDENTIALITY.—No action by the Ad20 ministration or any other person, and no informa21 tion derived in connection with any conciliation at22 tempt by the Administration may be made public by 

23 the Administration, without the written consent of 

24 the respondent, except that if a conciliation agree25 ment is agreed upon and signed by the Administra-
34

•HR 2709 IH 

1 tion and the respondent, the Administration shall 

2 make such agreement public. 

3 ‘‘(3) VIOLATION OF CONCILIATION AGREE4 MENT.—In any case in which a person has entered 

5 into a conciliation agreement with the Administra6 tion under paragraph (1), the Administration may 

7 institute a civil action for relief if the Administration 

8 believes the person has violated any provision of 

9 such conciliation agreement. Such civil action shall 

10 be brought in the Federal district court for the dis11 trict in which the respondent resides or has its prin12 cipal place of business, or for the District of Colum13 bia. Such court shall have jurisdiction to issue any 

14 relief appropriate under sections 375 and 376. For 

15 the Administration to obtain relief in any such ac16 tion, the Administration need only establish that the 

17 person has violated, in whole or in part, any require18 ment of such conciliation agreement. 

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

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

21 shall be conducted before an administrative law judge, who 

22 shall make such findings of fact and conclusions of law 

23 as the administrative law judge deems appropriate. The 

24 administrative law judge shall also have the authority to 

25 impose a civil monetary penalty on the respondent, issue 
35

•HR 2709 IH 

1 a cease-and-desist order, or both. The decision of the ad2 ministrative law judge shall constitute final agency action 

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

4 ‘‘(e) APPEAL TO ADMINISTRATION.—

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

6 and each respondent shall each have a right to ap7 peal to the Administration from any final determina8 tion made by an administrative law judge. 

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

10 the event of an appeal under paragraph (1), the Ad11 ministration shall review the determination of the 

12 administrative law judge to determine whether—

13 ‘‘(A) a finding of material fact is not sup14 ported by substantial evidence; 

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

16 ‘‘(C) the determination of the administra17 tive law judge is contrary to law or to the duly 

18 promulgated rules or decisions of the Adminis19 tration; 

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

21 committed; or 

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

23 otherwise arbitrary, capricious, or an abuse of 

24 discretion. 
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•HR 2709 IH 

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

2 the Administration shall constitute final agency ac3 tion. 

4 ‘‘(f) JUDICIAL REVIEW.—

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

6 final agency action and who has exhausted all ad7 ministrative remedies, including requesting a hearing 

8 before an administrative law judge and appealing an 

9 adverse decision of an administrative law judge to 

10 the Administration, may obtain judicial review of 

11 such action in the United States Court of Appeals 

12 for any circuit wherein such person resides or has its 

13 principal place of business, or in the United States 

14 Court of Appeals for the District of Columbia Cir15 cuit. 

16 ‘‘(2) SCOPE OF REVIEW.—For purposes of con17 ducting the judicial review described in paragraph 

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

19 States Code, shall apply. 

20 ‘‘(3) PETITION FOR JUDICIAL REVIEW.—To ob21 tain judicial review under paragraph (1), an ag22 grieved party described in such paragraph shall file 

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

24 beginning on the date on which the order was 

25 issued. A copy of such petition shall be transmitted 
37

•HR 2709 IH 

1 forthwith by the clerk of the court to the Adminis2 tration, and thereupon the Administration shall file 

3 in the court the record upon which the order com4 plained of was entered, as provided in section 2112 

5 of title 28, United States Code. 

6 ‘‘SEC. 374. NOTIFICATION OF NONFILERS. 

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

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

9 report required under section 304(a)(2)(A)(iii) for the cal10 endar quarter immediately preceding the election involved, 

11 or in accordance with section 304(a)(2)(A)(i), the Admin12 istration shall notify the person of such failure to file the 

13 required reports. 

14 ‘‘(b) OPPORTUNITY FOR RESPONSE.—If a satisfac15 tory response is not received within 4 business days after 

16 the date of notification, the Administration shall, pursuant 

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

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

19 failed to file. 

20 ‘‘SEC. 375. CIVIL MONETARY PENALTIES. 

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

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

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

24 monetary penalty for each violation which does not exceed 

25 the greater of $5,000 or an amount equal to any contribu-
38

•HR 2709 IH 

1 tion or expenditure involved in such violation. Such pen2 alty shall be imposed by the Administration pursuant to 

3 section 373. 

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

5 person who commits a knowing and willful violation of this 

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

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

8 monetary penalty for each violation which does not exceed 

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

10 of any contribution or expenditure involved in such viola11 tion (or, in the case of a violation of section 320, which 

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

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

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

15 Such penalty shall be imposed by the Administration pur16 suant to section 373. 

17 ‘‘(c) DETERMINATION OF CIVIL MONETARY PEN18 ALTY.—In determining the amount of a civil monetary 

19 penalty under this section with respect to a violation de20 scribed in this section, the Administration or an adminis21 trative law judge shall take into account the nature, cir22 cumstances, extent, and gravity of the violation and, with 

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

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

25 ‘‘(d) REFERRAL TO ATTORNEY GENERAL.—
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•HR 2709 IH 

1 ‘‘(1) IN GENERAL.—If the Administration de2 termines that a knowing and willful violation of this 

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

4 and willful violation of chapter 95 or 96 of the Inter5 nal Revenue Code of 1986, has occurred or is about 

6 to occur, the Administration may refer such appar7 ent violation to the Attorney General without regard 

8 to any limitations set forth under section 373. 

9 ‘‘(2) REPORTING BY THE ATTORNEY GEN10 ERAL.—Whenever the Administration refers an ap11 parent violation to the Attorney General, the Attor12 ney General shall report to the Administration any 

13 action taken by the Attorney General regarding the 

14 apparent violation. Each report shall be transmitted 

15 within 60 days after the date the Administration re16 fers an apparent violation, and every 30 days there17 after until the final disposition of the apparent viola18 tion. 

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

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

21 after notice and opportunity for hearing under section 

22 373, that any person is violating, has violated, or is about 

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

24 of the Internal Revenue Code of 1986, or any rule or regu25 lation thereunder, the Administration may publish any 
40

•HR 2709 IH 

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

2 other person that is, was, or would be a cause of the viola3 tion due to an act or omission the person knew or should 

4 have known would contribute to such violation, to cease 

5 and desist from committing or causing such violation and 

6 any future violation of the same provision, rule, or regula7 tion. Such order may, in addition to requiring a person 

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

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

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

11 such terms and conditions and within such time as the 

12 Administration may specify in such order. 

13 ‘‘(b) TEMPORARY ORDER.—Whenever the Adminis14 tration determines that an alleged violation or threatened 

15 violation specified in the notice initiating a civil enforce16 ment action under section 373, or the continuation there17 of, is likely to result in violation of this Act, or of chapter 

18 95 or 96 of the Internal Revenue Code of 1986, and sub19 stantial harm to the public interest, the Administration 

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

21 which the respondent resides or has its principal place of 

22 business, in which the alleged or threatened violation oc23 curred or is about to occur, or for the District of Colum24 bia, for a temporary restraining order or a preliminary 

25 injunction requiring the respondent to cease and desist 
41

•HR 2709 IH 

1 from the violation or threatened violation and to take such 

2 action to prevent the violation or threatened violation. The 

3 Administration may apply for such order without regard 

4 to any limitation under section 373. 

5 ‘‘SEC. 377. COLLECTION. 

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

7 penalty—

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

9 become a final order and such person has not timely 

10 filed a petition for judicial review of the order in ac11 cordance with section 373(f)(2) or if the order of the 

12 Administration is upheld after judicial review; or 

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

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

15 longer subject to appeal in favor of the Administra16 tion, 

17 the Attorney General shall recover the amount assessed 

18 (plus interest at currently prevailing rates from the date 

19 of the expiration of the 30-day period referred to in section 

20 373(f)(2) or the date of such final judgment, as the case 

21 may be) in an action brought in any appropriate district 

22 court of the United States. In such an action, the validity, 

23 amount, and appropriateness of such penalty shall not be 

24 subject to review. 
42

•HR 2709 IH 

1 ‘‘SEC. 378. CONFIDENTIALITY. 

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

3 GROUNDS.—Any proceedings conducted by the Adminis4 tration prior to a finding that there are reasonable 

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

6 is about to occur, including any investigation pursuant to 

7 section 371 or pursuant to a complaint filed under section 

8 372, shall be confidential and none of the Administration’s 

9 records concerning the complaint shall be made public, ex10 cept that the person filing a complaint pursuant to section 

11 372 is permitted to make such complaint public. 

12 ‘‘(b) AFTER A FINDING OF REASONABLE

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

14 Administration makes a finding pursuant to section 371 

15 or 372 that there are reasonable grounds to believe that 

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

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

18 as any complaint filed under section 372, any notice 

19 of charges, and any answer or similar documents 

20 filed with the Administration shall be made public; 

21 and 

22 ‘‘(2) all proceedings conducted before an admin23 istrative law judge under section 373, and all docu24 ments used during such proceedings, shall be made 

25 public. 
43

•HR 2709 IH 

1 ‘‘(c) AFTER DISMISSAL OF A COMPLAINT OR CON2 CLUSION OF PROCEEDINGS FOLLOWING A FINDING OF

3 REASONABLE GROUNDS.—Subject to subsection (d), fol4 lowing the Administration’s dismissal of a complaint filed 

5 under section 372 or the termination of proceedings fol6 lowing a finding of reasonable grounds under section 371 

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

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

9 public—

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

11 any answer or similar documents filed with the Ad12 ministration (unless such information has already 

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

14 ‘‘(2) any order setting forth the Administra15 tion’s final action on the complaint; 

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

17 in relation to the action; and 

18 ‘‘(4) all documentary materials and testimony 

19 constituting the record on which the Administration 

20 relied in taking its actions. 

21 Subject to subsection (d), the affirmative disclosure re22 quirement of this subsection is without prejudice to the 

23 right of any person to request and obtain records relating

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

25 States Code. 
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•HR 2709 IH 

1 ‘‘(d) CONFIDENTIALITY OF RECORDS AND PRO2 CEEDINGS OTHERWISE SUBJECT TO DISCLOSURE.—

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

4 issue regulations providing for the protection of in5 formation the disclosure of which under subsection 

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

7 protected right of privacy, freedom of speech, or 

8 freedom of association. The Administration shall 

9 also issue regulations addressing the application of 

10 exemptions from disclosure contained in section 552 

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

12 the Administration’s investigative files. Such regula13 tions shall consider the need to protect any person’s 

14 constitutionally protected rights to privacy, freedom 

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

16 need to make information about the Administra17 tion’s activities and decisions widely accessible to the 

18 public. 

19 ‘‘(2) PETITION TO MAINTAIN CONFIDEN20 TIALITY.—

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

22 be adversely affected by any disclosure of infor23 mation about the person made pursuant to sub24 section (b) or (c), or by the conduct in public 

25 of a hearing or other proceeding conducted pur-
45

•HR 2709 IH 

1 suant to section 373, shall have the right to pe2 tition the Administration to maintain the con3 fidentiality of such information or such pro4 ceeding on the ground that such information 

5 falls within the scope of any exemption from 

6 disclosure contained in section 552 of title 5, 

7 United States Code, or is prohibited from dis8 closure under the Administration’s regulations, 

9 the Constitution, or any other provision of law. 

10 Upon the receipt of such petition, the Adminis11 tration shall make a prompt determination 

12 whether the information should be kept con13 fidential, and shall withhold such information 

14 from disclosure pending this determination. The 

15 Administration shall notify the petitioner in 

16 writing of the determination. 

17 ‘‘(B) REGULATIONS.—The Administration 

18 shall prescribe regulations governing the consid19 eration of petitions under this paragraph. Such 

20 regulations shall provide for public notice of the 

21 pendancy of any petition filed under subpara22 graph (A) and the right of any interested party 

23 to respond to or comment on such petition. 

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

25 Administration, or any other person, who violates the pro-
46

•HR 2709 IH 

1 visions of this section shall be fined not more than $2,000. 

2 Any such member, employee, or other person who know3 ingly and willfully violates the provisions of this section 

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

5 ‘‘SEC. 379. CRIMINAL PENALTIES. 

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

7 person who knowingly and willfully commits a violation of 

8 any provision of this Act that involves the making, receiv9 ing, or reporting of any contribution, donation, or expendi10 ture—

11 ‘‘(1) aggregating $25,000 or more during a cal12 endar year shall be fined under title 18, United 

13 States Code, or imprisoned for not more than 5 

14 years, or both; or 

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

16 $25,000) during a calendar year shall be fined under 

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

18 or both. 

19 ‘‘(b) CONTRIBUTIONS OR EXPENDITURES BY NA20 TIONAL BANKS, CORPORATIONS, OR LABOR ORGANIZA21 TIONS.—In the case of a knowing and willful violation of 

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

23 shall apply to each violation involving an amount aggre24 gating $250 or more during a calendar year. Such a viola-
47

•HR 2709 IH 

1 tion of section 316(b)(3) may incorporate a violation of 

2 section 317(b), 320, or 321. 

3 ‘‘(c) FRAUDULENT MISREPRESENTATION OF CAM4 PAIGN AUTHORITY.—In the case of a knowing and willful 

5 violation of section 322, the penalties set forth in sub6 section (a) shall apply without regard to whether the mak7 ing, receiving, or reporting of a contribution or expendi8 ture of $1,000 or more is involved. 

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

10 ANOTHER.—Any person who knowingly and willfully com11 mits a violation of section 320 involving an amount aggre12 gating more than $10,000 during a calendar year shall 

13 be—

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

15 the amount is less than $25,000 and subject to im16 prisonment under subsection (a) if the amount is 

17 $25,000 or more; 

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

19 amount involved in the violation and not more than 

20 the greater of—

21 ‘‘(A) $50,000; or 

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

23 in the violation; or
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•HR 2709 IH 

1 ‘‘(3) both imprisoned as provided under para2 graph (1) and fined as provided under paragraph 

3 (2). 

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

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

6 INTENT.—In any criminal action brought for a viola7 tion of any provision of this Act or of chapter 95 or 

8 96 of the Internal Revenue Code of 1986, any de9 fendant may evidence their lack of knowledge or in10 tent to commit the alleged violation by introducing 

11 as evidence a conciliation agreement entered into be12 tween the defendant and the Administration under 

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

14 act or failure to act constituting such violation and 

15 which is still in effect. 

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

17 criminal action brought for a violation of any provi18 sion of this Act or of chapter 95 or 96 of the Inter19 nal Revenue Code of 1986, the court before which 

20 such action is brought shall take into account, in 

21 weighing the seriousness of the violation and in con22 sidering the appropriateness of the penalty to be im23 posed if the defendant is found guilty, whether—

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

25 constitutes the violation for which the action 
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•HR 2709 IH 

1 was brought is the subject of a conciliation 

2 agreement entered into between the defendant 

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

4 ‘‘(B) the conciliation agreement is in ef5 fect; and 

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

7 violation involved, in compliance with the concil8 iation agreement. 

9 ‘‘SEC. 380. PERIOD OF LIMITATIONS. 

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

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

12 or the information is instituted within 5 years after the 

13 date of the violation.’’. 

14 SEC. 102. EXECUTIVE SCHEDULE POSITIONS. 

15 (a) EXECUTIVE SCHEDULE LEVEL III POSITION.—

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

17 by adding at the end the following: 

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

19 (b) EXECUTIVE SCHEDULE LEVEL IV POSITIONS.—

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

21 by adding at the end the following: 

22 ‘‘Members (other than the Chair), Federal Elec23 tion Administration. 

24 ‘‘Staff Director, Federal Election Administra25 tion. 
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•HR 2709 IH 

1 ‘‘Inspector General, Federal Election Adminis2 tration.’’. 

3 (c) EXECUTIVE SCHEDULE LEVEL V POSITION.—

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

5 by adding at the end the following: 

6 ‘‘General Counsel, Federal Election Administra7 tion.’’. 

8 SEC. 103. GAO EXAMINATION OF ENFORCEMENT OF CAM9 PAIGN FINANCE LAWS BY THE DEPARTMENT 

10 OF JUSTICE. 

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

12 United States shall conduct a thorough examination of the 

13 enforcement of the criminal provisions of the Federal 

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

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

16 1986 by the Attorney General. 

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

18 of enactment of this Act, the Comptroller General shall 

19 submit to the Attorney General and Congress a report on 

20 the examination conducted under subsection (a) together 

21 with recommendations on how the Attorney General may 

22 improve the enforcement of the criminal provisions of the 

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

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

25 Code of 1986, including recommendations on the re-
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1 sources that the Attorney General would require to effec2 tively enforce such criminal provisions. 

3 SEC. 104. GAO STUDY AND REPORT ON APPROPRIATE 

4 FUNDING LEVELS. 

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

6 States shall conduct an ongoing study on the level of fund7 ing that constitutes an adequate level of resources for the 

8 Federal Election Administration to competently execute 

9 the responsibilities imposed on the Administration by this 

10 Act. 

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

12 of enactment of this Act, and once every 2 years there13 after, the Comptroller General shall submit to the Director 

14 of the Office of Management and Budget and Congress 

15 a report on the study conducted under subsection (a) to16 gether with recommendations for such legislation and ad17 ministrative action as the Comptroller General determines 

18 to be appropriate. 

19 SEC. 105. CONFORMING AMENDMENTS. 

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

21 United States Code, is amended—

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

23 the semicolon; 

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

25 inserting ‘‘; and’’; and
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1 (3) by adding at the end the following new 

2 paragraph: 

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

4 (b) COVERAGE UNDER INSPECTOR GENERAL ACT.—

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

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

7 Commission’’ and inserting ‘‘Federal Election Administra8 tion’’. 

9 (c) COVERAGE OF PERSONNEL UNDER HATCH

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

11 amended—

12 (1) in paragraph (1), by striking ‘‘Federal Elec13 tion Commission’’ and inserting ‘‘Federal Election 

14 Administration’’; and 

15 (2) in paragraph (2)(B)(i)(I), by striking ‘‘Fed16 eral Election Commission’’ and inserting ‘‘Federal 

17 Election Administration’’. 

18 (d) EXCLUSION FROM SENIOR EXECUTIVE SERV19 ICE.—Section 3132(a)(1)(C) of title 5, United States 

20 Code, is amended by striking ‘‘Federal Election Commis21 sion’’ and inserting ‘‘Federal Election Administration’’. 

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

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

24 by inserting before section 301 the following: 
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1 ‘‘Subtitle A—General Provisions’’. 

2 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

3 Section 314 of the Federal Election Campaign Act 

4 of 1971 (2 U.S.C. 439c) is amended to read as follows: 

5 ‘‘AUTHORIZATION OF APPROPRIATIONS

6 ‘‘SEC. 314. For each fiscal year, there are authorized 

7 to be appropriated to the Administration such sums as 

8 may be necessary for the purpose of carrying out its func9 tions under this Act and under chapters 95 and 96 of the 

10 Internal Revenue Code of 1986.’’. 

11 TITLE II—TRANSITION 

12 PROVISIONS 

13 SEC. 201. TRANSFER OF FUNCTIONS OF FEDERAL ELEC14 TION COMMISSION. 

15 There are transferred to the Federal Election Admin16 istration established under section 351 of the Federal 

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

18 all functions that the Federal Election Commission exer19 cised before the date described in section 205(a). 

20 SEC. 202. TRANSFER OF PROPERTY, RECORDS, AND PER21 SONNEL. 

22 (a) PROPERTY AND RECORDS.—The contracts, liabil23 ities, records, property, and other assets and interests of, 

24 or made available in connection with, the offices and func25 tions of the Federal Election Commission which are trans-
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1 ferred by this title are transferred to the Federal Election 

2 Administration. 

3 (b) PERSONNEL.—The personnel employed in con4 nection with the offices and functions of the Federal Elec5 tion Commission which are transferred by this title are 

6 transferred to the Federal Election Administration. 

7 SEC. 203. REPEALS. 

8 The following provisions of the Federal Election 

9 Campaign Act of 1971 are repealed: 

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

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

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

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

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

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

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

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

18 SEC. 204. CONFORMING AMENDMENTS. 

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

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

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

22 and inserting the following: 

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

24 Election Administration.’’; 
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1 (2) by striking ‘‘Federal Election Commission’’ 

2 and inserting ‘‘Administration’’ each place it ap3 pears; and 

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

5 ‘‘Administration’’ each place it appears. 

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

7 Code, is amended by striking ‘‘Federal Election Commis8 sion’’ and inserting ‘‘Federal Election Administration’’. 

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

10 Code, is amended by striking ‘‘the Federal Election Com11 mission by a former officer or employee of the Federal 

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

13 Administration by a former officer or employee of the Fed14 eral Election Commission or the Federal Election Admin15 istration’’. 

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

17 1978 (5 U.S.C. App.) is amended—

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

19 Election Commission’’ and inserting ‘‘the Federal 

20 Election Administration’’; and 

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

22 Election Commission’’ and inserting ‘‘the Federal 

23 Election Administration’’. 

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

25 of 1986 is amended to read as follows: 
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1 ‘‘(3) The term ‘Administration’ means the Fed2 eral Election Administration established under sec3 tion 351 of the Federal Election Campaign Act of 

4 1971.’’. 

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

6 is amended by striking ‘‘Commission’’ and inserting ‘‘Ad7 ministration’’ each place it appears. 

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

9 of 1986 is amended to read as follows: 

10 ‘‘(3) The term ‘Administration’ means the Fed11 eral Election Administration established under sec12 tion 351 of the Federal Election Campaign Act of 

13 1971.’’. 

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

15 is amended by striking ‘‘Commission’’ and inserting ‘‘Ad16 ministration’’ each place it appears. 

17 (g) Section 6 of the National Voter Registration Act 

18 of 1993 (42 U.S.C. 1973gg–4) is amended by striking 

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

20 Election Administration’’. 

21 (h) Section 9 of the National Voter Registration Act 

22 of 1993 (42 U.S.C. 1973gg–7) is amended by striking 

23 ‘‘Federal Election Commission’’ and inserting ‘‘Federal 

24 Election Administration’’. 
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1 (i) Section 3(c) of the Voting Accessibility for the El2 derly and Handicapped Act (42 U.S.C. 1973ee–1(c)) 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), by striking ‘‘Federal Elec8 tion Commission’’ and inserting ‘‘Federal Election 

9 Administration’’. 

10 SEC. 205. EFFECTIVE DATE. 

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

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

13 months after the date of enactment of this Act. 

14 (b) TERMINATION OF THE FEDERAL ELECTION COM15 MISSION.—Notwithstanding any other provision of, or 

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

17 Election Commission shall be removed from office on the 

18 date described in subsection (a).

Æ