II 

114TH CONGRESS 

2D SESSION S. 6 

To reform our government, reduce the grip of special interest, and return 

our democracy to the American people through increased transparency 

and oversight of our elections and government. 

IN THE SENATE OF THE UNITED STATES 

JUNE 16, 2016 

Mr. UDALL (for himself, Mr. MERKLEY, Mr. WHITEHOUSE, Mr. SCHUMER, 

Ms. BALDWIN, Mr. BENNET, Mr. LEAHY, Mr. KING, Mr. FRANKEN, Ms. 

HEITKAMP, Ms. KLOBUCHAR, Ms. WARREN, Mr. MARKEY, Mr. SCHATZ, 

Mr. SANDERS, Mrs. GILLIBRAND, Mr. WYDEN, Mr. HEINRICH, Mr. 

PETERS, Mr. BROWN, Mr. BLUMENTHAL, Ms. HIRONO, Mr. MURPHY, 

Mr. CASEY, Mr. CARDIN, and Mr. COONS) introduced the following bill; 

which was read twice and referred to the Committee on Rules and Administration 

A BILL 

To reform our government, reduce the grip of special interest, and return our democracy to the American people 

through increased transparency and oversight of our elections and government. 

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, ETC. 

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

5 ‘‘We the People Act of 2016’’. 


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

2 this Act is as follows: 

Sec. 1. Short title, etc. 

TITLE I—CAMPAIGN DISCLOSURE AND TRANSPARENCY REFORM 

Subtitle A—Disclosure 

Sec. 1001. Short title. 

Sec. 1002. Campaign disbursement reporting. 

Sec. 1003. Application of disclosure rules to Super PACs. 

Sec. 1004. Effective date. 

Subtitle B—Candidate-Super PAC Coordination 

Sec. 1101. Short title. 

Sec. 1102. Clarification of treatment of coordinated expenditures as contributions to candidates. 

Sec. 1103. Clarification of ban on fundraising for Super PACs by Federal candidates and officeholders. 

Subtitle C—Real-Time Transparency 

Sec. 1201. Short title. 

Sec. 1202. 48-hour notification required for all political committees receiving 

cumulative contributions of $1,000 or more during a year from 

any contributor. 

Sec. 1203. Filing by Senate candidates with Federal Election Commission. 

Subtitle D—Establishment of Federal Election Administration 

Sec. 1301. Short title. 

PART I—FEDERAL ELECTION ADMINISTRATION

Sec. 1311. Establishment of the Federal Election Administration. 

Sec. 1312. Executive schedule positions. 

Sec. 1313. GAO examination of enforcement of campaign finance laws by the 

Department of Justice. 

Sec. 1314. GAO study and report on appropriate funding levels. 

Sec. 1315. Conforming amendments. 

PART II—TRANSITION PROVISIONS

Sec. 1321. Transfer of functions of Federal Election Commission. 

Sec. 1322. Transfer of property, records, and personnel. 

Sec. 1323. Repeals. 

Sec. 1324. Conforming amendments. 

Sec. 1325. Treatment of certain regulations. 

Sec. 1326. Effective date. 

TITLE II—LOBBYING REFORM 

Subtitle A—Member Ban on Lobbying 

Sec. 2101. Lifetime ban on Members of Congress from lobbying. 


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Subtitle B—Close the 20-Percent Lobbying Loophole 

Sec. 2201. Lobbyist registration reforms. 

TITLE III—REVOLVING DOOR REFORM 

Sec. 3001. Short title. 

Sec. 3002. Restrictions on private sector payment for Government service. 

Sec. 3003. Requirements relating to slowing the revolving door among financial 

services regulators. 

Sec. 3004. Prohibition of procurement officers accepting employment from Government contractors. 

Sec. 3005. Revolving door restrictions on financial services regulators moving 

into the private sector. 

Sec. 3006. Restrictions on Federal examiners and supervisors of financial institutions. 

TITLE IV—SEVERABILITY 

Sec. 4001. Severability. 

1 TITLE I—CAMPAIGN DISCLO2 SURE AND TRANSPARENCY 

3 REFORM 

4 Subtitle A—Disclosure 

5 SEC. 1001. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘Democracy Is 

7 Strengthened by Casting Light On Spending in Elections 

8 Act of 2016’’ or the ‘‘DISCLOSE Act of 2016’’. 

9 SEC. 1002. CAMPAIGN DISBURSEMENT REPORTING. 

10 (a) INFORMATION REQUIRED TO BE REPORTED.— 

11 (1) TREATMENT OF FUNCTIONAL EQUIVALENT

12 OF EXPRESS ADVOCACY AS INDEPENDENT EXPENDI13 TURE.—Subparagraph (A) of section 301(17) of the 

14 Federal Election Campaign Act of 1971 (52 U.S.C. 

15 30101(17)) is amended to read as follows: 


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1 ‘‘(A) that expressly advocates the election 

2 or defeat of a clearly identified candidate, or is 

3 the functional equivalent of express advocacy 

4 because, when taken as a whole, it can be inter5 preted by a reasonable person only as advo6 cating the election or defeat of a candidate, tak7 ing into account whether the communication in8 volved mentions a candidacy, a political party, 

9 or a challenger to a candidate, or takes a posi10 tion on a candidate’s character, qualifications, 

11 or fitness for office; and’’. 

12 (2) EXPANSION OF PERIOD DURING WHICH

13 COMMUNICATIONS ARE TREATED AS ELECTION14 EERING COMMUNICATIONS.—Section 304(f)(3)(A)(i) 

15 of such Act (52 U.S.C. 30104(f)(3)(A)(i)) is amend16 ed— 

17 (A) by redesignating subclause (III) as 

18 subclause (IV); and 

19 (B) by striking subclause (II) and insert20 ing the following: 

21 ‘‘(II) in the case of a communica22 tion which refers to a candidate for an 

23 office other than the President or Vice 

24 President, is made during the period 

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1 endar year in which a general or run2 off election is held and ending on the 

3 date of the general or runoff election 

4 (or in the case of a special election, 

5 during the period beginning on the 

6 date on which the announcement with 

7 respect to such election is made and 

8 ending on the date of the special elec9 tion); 

10 ‘‘(III) in the case of a commu11 nication which refers to a candidate 

12 for the office of President or Vice 

13 President, is made in any State dur14 ing the period beginning 120 days be15 fore the first primary election, caucus, 

16 or preference election held for the se17 lection of delegates to a national 

18 nominating convention of a political 

19 party is held in any State (or, if no 

20 such election or caucus is held in any 

21 State, the first convention or caucus 

22 of a political party which has the au23 thority to nominate a candidate for 

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1 dent) and ending on the date of the 

2 general election; and’’. 

3 (3) EFFECTIVE DATE; TRANSITION FOR ELEC4 TIONEERING COMMUNICATIONS MADE PRIOR TO EN5 ACTMENT.—The amendment made by paragraph (2) 

6 shall apply with respect to communications made on 

7 or after January 1, 2017, except that no commu8 nication which is made prior to such date shall be 

9 treated as an electioneering communication under 

10 subclause (II) or (III) of section 304(f)(3)(A)(i) of 

11 the Federal Election Campaign Act of 1971 (as 

12 amended by paragraph (2)) unless the communica13 tion would be treated as an electioneering commu14 nication under such section if the amendment made 

15 by paragraph (2) did not apply. 

16 (b) DISCLOSURE REQUIREMENTS FOR CORPORA17 TIONS, LABOR ORGANIZATIONS, AND CERTAIN OTHER

18 ENTITIES.— 

19 (1) IN GENERAL.—Section 324 of the Federal 

20 Election Campaign Act of 1971 (52 U.S.C. 30126) 

21 is amended to read as follows: 

22 ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE23 MENTS BY COVERED ORGANIZATIONS. 

24 ‘‘(a) DISCLOSURE STATEMENT.— 


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1 ‘‘(1) IN GENERAL.—Any covered organization 

2 that makes campaign-related disbursements aggre3 gating more than $10,000 in an election reporting 

4 cycle shall, not later than 24 hours after each disclo5 sure date, file a statement with the Commission 

6 made under penalty of perjury that contains the in7 formation described in paragraph (2)— 

8 ‘‘(A) in the case of the first statement filed 

9 under this subsection, for the period beginning 

10 on the first day of the election reporting cycle 

11 and ending on the first such disclosure date; 

12 and 

13 ‘‘(B) in the case of any subsequent state14 ment filed under this subsection, for the period 

15 beginning on the previous disclosure date and 

16 ending on such disclosure date. 

17 ‘‘(2) INFORMATION DESCRIBED.—The informa18 tion described in this paragraph is as follows: 

19 ‘‘(A) The name of the covered organization 

20 and the principal place of business of such or21 ganization. 

22 ‘‘(B) The amount of each campaign-related 

23 disbursement made by such organization during 

24 the period covered by the statement of more 


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1 than $1,000, and the name and address of the 

2 person to whom the disbursement was made. 

3 ‘‘(C) In the case of a campaign-related dis4 bursement that is not a covered transfer, the 

5 election to which the campaign-related disburse6 ment pertains and if the disbursement is made 

7 for a public communication, the name of any 

8 candidate identified in such communication and 

9 whether such communication is in support of or 

10 in opposition to a candidate. 

11 ‘‘(D) A certification by the chief executive 

12 officer or person who is the head of the covered 

13 organization that the campaign-related dis14 bursement is not made in cooperation, consulta15 tion, or concert with or at the request or sug16 gestion of a candidate, authorized committee, or 

17 agent of a candidate, political party, or agent of 

18 a political party. 

19 ‘‘(E) If the covered organization makes 

20 campaign-related disbursements using exclu21 sively funds in a segregated bank account con22 sisting of funds that were paid directly to such 

23 account by persons other than the covered orga24 nization that controls the account, for each 

25 such payment to the account— 


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1 ‘‘(i) the name and address of each 

2 person who made such payment during the 

3 period covered by the statement; 

4 ‘‘(ii) the date and amount of such 

5 payment; and 

6 ‘‘(iii) the aggregate amount of all such 

7 payments made by the person during the 

8 period beginning on the first day of the 

9 election reporting cycle and ending on the 

10 disclosure date, 

11 but only if such payment was made by a person 

12 who made payments to the account in an aggre13 gate amount of $10,000 or more during the pe14 riod beginning on the first day of the election 

15 reporting cycle and ending on the disclosure 

16 date. 

17 ‘‘(F) If the covered organization makes 

18 campaign-related disbursements using funds 

19 other than funds in a segregated bank account 

20 described in subparagraph (E), for each pay21 ment to the covered organization— 

22 ‘‘(i) the name and address of each 

23 person who made such payment during the 

24 period covered by the statement; 


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1 ‘‘(ii) the date and amount of such 

2 payment; and 

3 ‘‘(iii) the aggregate amount of all such 

4 payments made by the person during the 

5 period beginning on the first day of the 

6 election reporting cycle and ending on the 

7 disclosure date, 

8 but only if such payment was made by a person 

9 who made payments to the covered organization 

10 in an aggregate amount of $10,000 or more 

11 during the period beginning on the first day of 

12 the election reporting cycle and ending on the 

13 disclosure date. 

14 ‘‘(G) Such other information as required in 

15 rules established by the Commission to promote 

16 the purposes of this section. 

17 ‘‘(3) EXCEPTIONS.— 

18 ‘‘(A) AMOUNTS RECEIVED IN ORDINARY

19 COURSE OF BUSINESS.—The requirement to in20 clude in a statement filed under paragraph (1) 

21 the information described in paragraph (2) 

22 shall not apply to amounts received by the cov23 ered organization in commercial transactions in 

24 the ordinary course of any trade or business 

25 conducted by the covered organization or in the 


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1 form of investments (other than investments by 

2 the principal shareholder in a limited liability 

3 corporation) in the covered organization. 

4 ‘‘(B) DONOR RESTRICTION ON USE OF

5 FUNDS.—The requirement to include in a state6 ment submitted under paragraph (1) the infor7 mation described in subparagraph (F) of para8 graph (2) shall not apply if— 

9 ‘‘(i) the person described in such sub10 paragraph prohibited, in writing, the use of 

11 the payment made by such person for cam12 paign-related disbursements; and 

13 ‘‘(ii) the covered organization agreed 

14 to follow the prohibition and deposited the 

15 payment in an account which is segregated 

16 from any account used to make campaign17 related disbursements. 

18 ‘‘(C) AMOUNTS RECEIVED FROM AFFILI19 ATES.—The requirement to include in a state20 ment submitted under paragraph (1) the infor21 mation described in subparagraph (F) of para22 graph (2) shall not apply to any amount which 

23 is described in subsection (f)(3)(A)(i). 

24 ‘‘(4) OTHER DEFINITIONS.—For purposes of 

25 this section: 


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1 ‘‘(A) DISCLOSURE DATE.—The term ‘dis2 closure date’ means— 

3 ‘‘(i) the first date during any election 

4 reporting cycle by which a person has 

5 made campaign-related disbursements ag6 gregating more than $10,000; and 

7 ‘‘(ii) any other date during such elec8 tion reporting cycle by which a person has 

9 made campaign-related disbursements ag10 gregating more than $10,000 since the 

11 most recent disclosure date for such elec12 tion reporting cycle. 

13 ‘‘(B) ELECTION REPORTING CYCLE.—The 

14 term ‘election reporting cycle’ means the 2-year 

15 period beginning on the date of the most recent 

16 general election for Federal office. 

17 ‘‘(C) PAYMENT.—The term ‘payment’ in18 cludes any contribution, donation, transfer, pay19 ment of dues, or other payment. 

20 ‘‘(b) COORDINATION WITH OTHER PROVISIONS.— 

21 ‘‘(1) OTHER REPORTS FILED WITH THE COM22 MISSION.—Information included in a statement filed 

23 under this section may be excluded from statements 

24 and reports filed under section 304. 


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1 ‘‘(2) TREATMENT AS SEPARATE SEGREGATED

2 FUND.—A segregated bank account referred to in 

3 subsection (a)(2)(E) may be treated as a separate 

4 segregated fund for purposes of section 527(f)(3) of 

5 the Internal Revenue Code of 1986. 

6 ‘‘(c) FILING.—Statements required to be filed under 

7 subsection (a) shall be subject to the requirements of sec8 tion 304(d) to the same extent and in the same manner 

9 as if such reports had been required under subsection (c) 

10 or (g) of section 304. 

11 ‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DE12 FINED.—In this section, the term ‘campaign-related dis13 bursement’ means a disbursement by a covered organiza14 tion for any of the following: 

15 ‘‘(1) An independent expenditure consisting of a 

16 public communication. 

17 ‘‘(2) An electioneering communication, as de18 fined in section 304(f)(3). 

19 ‘‘(3) A covered transfer. 

20 ‘‘(e) COVERED ORGANIZATION DEFINED.—In this 

21 section, the term ‘covered organization’ means any of the 

22 following: 

23 ‘‘(1) A corporation (other than an organization 

24 described in section 501(c)(3) of the Internal Rev25 enue Code of 1986). 


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1 ‘‘(2) An organization described in section 

2 501(c) of such Code and exempt from taxation 

3 under section 501(a) of such Code (other than an 

4 organization described in section 501(c)(3) of such 

5 Code). 

6 ‘‘(3) A labor organization (as defined in section 

7 316(b)). 

8 ‘‘(4) Any political organization under section 

9 527 of the Internal Revenue Code of 1986, other 

10 than a political committee under this Act. 

11 ‘‘(f) COVERED TRANSFER DEFINED.— 

12 ‘‘(1) IN GENERAL.—In this section, the term 

13 ‘covered transfer’ means any transfer or payment of 

14 funds by a covered organization to another person if 

15 the covered organization— 

16 ‘‘(A) designates, requests, or suggests that 

17 the amounts be used for— 

18 ‘‘(i) campaign-related disbursements 

19 (other than covered transfers); or 

20 ‘‘(ii) making a transfer to another 

21 person for the purpose of making or pay22 ing for such campaign-related disburse23 ments; 


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1 ‘‘(B) made such transfer or payment in re2 sponse to a solicitation or other request for a 

3 donation or payment for— 

4 ‘‘(i) the making of or paying for cam5 paign-related disbursements (other than 

6 covered transfers); or 

7 ‘‘(ii) making a transfer to another 

8 person for the purpose of making or pay9 ing for such campaign-related disburse10 ments; 

11 ‘‘(C) engaged in discussions with the re12 cipient of the transfer or payment regarding— 

13 ‘‘(i) the making of or paying for cam14 paign-related disbursements (other than 

15 covered transfers); or 

16 ‘‘(ii) donating or transferring any 

17 amount of such transfer or payment to an18 other person for the purpose of making or 

19 paying for such campaign-related disburse20 ments; 

21 ‘‘(D) made campaign-related disburse22 ments (other than a covered transfer) in an ag23 gregate amount of $50,000 or more during the 

24 2-year period ending on the date of the transfer 

25 or payment, or knew or had reason to know 


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1 that the person receiving the transfer or pay2 ment made such disbursements in such an ag3 gregate amount during that 2-year period; or 

4 ‘‘(E) knew or had reason to know that the 

5 person receiving the transfer or payment would 

6 make campaign-related disbursements in an ag7 gregate amount of $50,000 or more during the 

8 2-year period beginning on the date of the 

9 transfer or payment. 

10 ‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ 

11 does not include any of the following: 

12 ‘‘(A) A disbursement made by a covered 

13 organization in a commercial transaction in the 

14 ordinary course of any trade or business con15 ducted by the covered organization or in the 

16 form of investments made by the covered orga17 nization. 

18 ‘‘(B) A disbursement made by a covered 

19 organization if— 

20 ‘‘(i) the covered organization prohib21 ited, in writing, the use of such disburse22 ment for campaign-related disbursements; 

23 and 

24 ‘‘(ii) the recipient of the disbursement 

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1 ited the disbursement in an account which 

2 is segregated from any account used to 

3 make campaign-related disbursements. 

4 ‘‘(3) EXCEPTION FOR CERTAIN TRANSFERS

5 AMONG AFFILIATES.— 

6 ‘‘(A) EXCEPTION FOR CERTAIN TRANS7 FERS AMONG AFFILIATES.— 

8 ‘‘(i) IN GENERAL.—The term ‘covered 

9 transfer’ does not include an amount 

10 transferred by one covered organization to 

11 another covered organization if such trans12 fer— 

13 ‘‘(I) is not made directly into a 

14 separate segregated bank account de15 scribed in subsection (a)(2)(E); and 

16 ‘‘(II) is treated as a transfer be17 tween affiliates under subparagraph 

18 (B). 

19 ‘‘(ii) SPECIAL RULE.—If the aggre20 gate amount of transfers described in 

21 clause (i) exceeds $50,000 in any election 

22 reporting cycle— 

23 ‘‘(I) the covered organization 

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1 ceiving such transfers the information 

2 required under subsection (a)(2)(F) 

3 (applied by substituting ‘the period 

4 beginning on the first day of the elec5 tion reporting cycle and ending on the 

6 date of the most recent transfer de7 scribed in subsection (f)(3)(A)(i)’ for 

8 ‘the period covered by the statement’ 

9 in clause (i) thereof); and 

10 ‘‘(II) the covered organization re11 ceiving such transfers shall report the 

12 information described in subclause (I) 

13 on any statement filed under sub14 section (a)(1) as if any contribution, 

15 donation, or transfer to which such 

16 information relates was made directly 

17 to the covered organization receiving 

18 the transfer. 

19 ‘‘(B) DESCRIPTION OF TRANSFERS BE20 TWEEN AFFILIATES.—A transfer of amounts 

21 from one covered organization to another cov22 ered organization shall be treated as a transfer 

23 between affiliates if— 

24 ‘‘(i) one of the organizations is an af25 filiate of the other organization; or 


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1 ‘‘(ii) each of the organizations is an 

2 affiliate of the same organization, 

3 except that the transfer shall not be treated as 

4 a transfer between affiliates if one of the orga5 nizations is established for the purpose of mak6 ing campaign-related disbursements. 

7 ‘‘(C) DETERMINATION OF AFFILIATE STA8 TUS.—For purposes of this paragraph, the fol9 lowing organizations shall be considered to be 

10 affiliated with each other: 

11 ‘‘(i) A membership organization, in12 cluding a trade or professional association, 

13 and the related State and local entities of 

14 that organization. 

15 ‘‘(ii) A national or international labor 

16 organization and its State or local unions, 

17 or an organization of national or inter18 national unions and its State and local en19 tities. 

20 ‘‘(iii) A corporation and its wholly 

21 owned subsidiaries. 

22 ‘‘(D) COVERAGE OF TRANSFERS TO AF23 FILIATED SECTION 501(c)(3) ORGANIZA24 TIONS.—This paragraph shall apply with re25 spect to an amount transferred by a covered orVerDate Sep 11 2014 22:53 Jun 17, 2016 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S6.IS S6

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1 ganization to an organization described in para2 graph (3) of section 501(c) of the Internal Rev3 enue Code of 1986 and exempt from tax under 

4 section 501(a) of such Code in the same man5 ner as this paragraph applies to an amount 

6 transferred by a covered organization to an7 other covered organization.’’. 

8 (2) CONFORMING AMENDMENT.—Section 

9 304(f)(6) of such Act (52 U.S.C. 30104) is amended 

10 by striking ‘‘Any requirement’’ and inserting ‘‘Ex11 cept as provided in section 324(b), any require12 ment’’. 

13 SEC. 1003. APPLICATION OF DISCLOSURE RULES TO SUPER 

14 PACS. 

15 (a) IN GENERAL.—Subsection (e) of section 324 of 

16 the Federal Election Campaign Act of 1971 (52 U.S.C. 

17 30126), as amended by section 1002, is amended by add18 ing at the end the following new paragraph: 

19 ‘‘(5) A political committee with an account that 

20 accepts donations or contributions that do not com21 ply with the contribution limits or source prohibi22 tions under this Act, but only with respect to such 

23 accounts.’’. 

24 (b) CONFORMING AMENDMENT.—Paragraph (4) of 

25 section 324(e) of such Act (52 U.S.C. 30126), as amended 


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1 by section 1002, is amended by inserting ‘‘(except as pro2 vided in paragraph (5))’’ before the period at the end. 

3 SEC. 1004. EFFECTIVE DATE. 

4 Except as provided in section 102(a)(3), the amend5 ments made by this subtitle shall apply with respect to 

6 disbursements made on or after January 1, 2017, and 

7 shall take effect without regard to whether or not the Fed8 eral Election Commission has promulgated regulations to 

9 carry out such amendments. 

10 Subtitle B—Candidate-Super PAC 

11 Coordination 

12 SEC. 1101. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Stop Super PAC14 Candidate Coordination Act’’. 

15 SEC. 1102. CLARIFICATION OF TREATMENT OF COORDI16 NATED EXPENDITURES AS CONTRIBUTIONS 

17 TO CANDIDATES. 

18 (a) TREATMENT AS CONTRIBUTION TO CAN19 DIDATE.—Section 301(8)(A) of the Federal Election Cam20 paign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended— 

21 (1) by striking ‘‘or’’ at the end of clause (i); 

22 (2) by striking the period at the end of clause 

23 (ii) and inserting ‘‘; or’’; and 

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

25 clause: 


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1 ‘‘(iii) any payment made by any person 

2 (other than a candidate, an authorized com3 mittee of a candidate, or a political committee 

4 of a political party) for a coordinated expendi5 ture (as such term is defined in section 325) 

6 which is not otherwise treated as a contribution 

7 under clause (i) or clause (ii).’’. 

8 (b) DEFINITIONS.—Title III of such Act (52 U.S.C. 

9 30101 et seq.), as amended by this Act, is amended to 

10 by adding at the end the following new section: 

11 ‘‘SEC. 325. PAYMENTS FOR COORDINATED EXPENDITURES. 

12 ‘‘(a) COORDINATED EXPENDITURES.— 

13 ‘‘(1) IN GENERAL.—For purposes of section 

14 301(8)(A)(iii), the term ‘coordinated expenditure’ 

15 means— 

16 ‘‘(A) any expenditure, or any payment for 

17 a covered communication described in sub18 section (d), which is made in cooperation, con19 sultation, or concert with, or at the request or 

20 suggestion of, a candidate, an authorized com21 mittee of a candidate, a political committee of 

22 a political party, or agents of the candidate or 

23 committee, as defined in subsection (b); or 

24 ‘‘(B) any payment for any communication 

25 which republishes, disseminates, or distributes, 


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1 in whole or in part, any video or broadcast or 

2 any written, graphic, or other form of campaign 

3 material prepared by the candidate or com4 mittee or by agents of the candidate or com5 mittee (including any excerpt or use of any 

6 video from any such broadcast or written, 

7 graphic, or other form of campaign material). 

8 ‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN

9 COMMUNICATIONS.—A payment for a communication 

10 (including a covered communication described in 

11 subsection (d)) shall not be treated as a coordinated 

12 expenditure under this subsection if— 

13 ‘‘(A) the communication appears in a news 

14 story, commentary, or editorial distributed 

15 through the facilities of any broadcasting sta16 tion, newspaper, magazine, or other periodical 

17 publication, unless such facilities are owned or 

18 controlled by any political party, political com19 mittee, or candidate; or 

20 ‘‘(B) the communication constitutes a can21 didate debate or forum conducted pursuant to 

22 regulations adopted by the Commission pursu23 ant to section 304(f)(3)(B)(iii), or which solely 

24 promotes such a debate or forum and is made 


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1 by or on behalf of the person sponsoring the de2 bate or forum. 

3 ‘‘(b) COORDINATION DESCRIBED.— 

4 ‘‘(1) IN GENERAL.—For purposes of this sec5 tion, a payment is made ‘in cooperation, consulta6 tion, or concert with, or at the request or suggestion 

7 of,’ a candidate, an authorized committee of a can8 didate, a political committee of a political party, or 

9 agents of the candidate or committee, if the pay10 ment, or any communication for which the payment 

11 is made, is not made entirely independently of the 

12 candidate, committee, or agents. For purposes of the 

13 previous sentence, a payment or communication not 

14 made entirely independently of the candidate or 

15 committee includes any payment or communication 

16 made pursuant to any general or particular under17 standing with, or pursuant to any communication 

18 with, the candidate, committee, or agents about the 

19 payment or communication. 

20 ‘‘(2) NO FINDING OF COORDINATION BASED

21 SOLELY ON SHARING OF INFORMATION REGARDING

22 LEGISLATIVE OR POLICY POSITION.—For purposes 

23 of this section, a payment shall not be considered to 

24 be made by a person in cooperation, consultation, or 

25 concert with, or at the request or suggestion of, a 


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1 candidate or committee, solely on the grounds that 

2 the person or the person’s agent engaged in discus3 sions with the candidate or committee, or with any 

4 agent of the candidate or committee, regarding that 

5 person’s position on a legislative or policy matter 

6 (including urging the candidate or committee to 

7 adopt that person’s position), so long as there is no 

8 communication between the person and the can9 didate or committee, or any agent of the candidate 

10 or committee, regarding the candidate’s or commit11 tee’s campaign advertising, message, strategy, pol12 icy, polling, allocation of resources, fundraising, or 

13 other campaign activities. 

14 ‘‘(3) NO EFFECT ON PARTY COORDINATION

15 STANDARD.—Nothing in this section shall be con16 strued to affect the determination of coordination 

17 between a candidate and a political committee of a 

18 political party for purposes of section 315(d). 

19 ‘‘(4) NO SAFE HARBOR FOR USE OF FIRE20 WALL.—A person shall be determined to have made 

21 a payment in cooperation, consultation, or concert 

22 with, or at the request or suggestion of, a candidate 

23 or committee, in accordance with this section with24 out regard to whether or not the person established 

25 and used a firewall or similar procedures to restrict 


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1 the sharing of information between individuals who 

2 are employed by or who are serving as agents for the 

3 person making the payment. 

4 ‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR

5 COVERED COMMUNICATIONS.— 

6 ‘‘(1) PAYMENTS MADE IN COOPERATION, CON7 SULTATION, OR CONCERT WITH CANDIDATES.—For 

8 purposes of subsection (a)(1)(A), if the person who 

9 makes a payment for a covered communication, as 

10 defined in subsection (d), is a coordinated spender 

11 under paragraph (2) with respect to the candidate 

12 as described in subsection (d)(1), the payment for 

13 the covered communication is made in cooperation, 

14 consultation, or concert with the candidate. 

15 ‘‘(2) COORDINATED SPENDER DEFINED.—For 

16 purposes of this subsection, the term ‘coordinated 

17 spender’ means, with respect to a candidate or an 

18 authorized committee of a candidate, a person (other 

19 than a political committee of a political party) for 

20 which any of the following applies: 

21 ‘‘(A) During the 4-year period ending on 

22 the date on which the person makes the pay23 ment, the person was directly or indirectly 

24 formed or established by or at the request or 

25 suggestion of, or with the encouragement of, 


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1 the candidate (including an individual who later 

2 becomes a candidate) or committee or agents of 

3 the candidate or committee, including with the 

4 approval of the candidate or committee or 

5 agents of the candidate or committee. 

6 ‘‘(B) The candidate or committee or any 

7 agent of the candidate or committee solicits 

8 funds, appears at a fundraising event, or en9 gages in other fundraising activity on the per10 son’s behalf during the election cycle involved, 

11 including by providing the person with names of 

12 potential donors or other lists to be used by the 

13 person in engaging in fundraising activity, re14 gardless of whether the person pays fair market 

15 value for the names or lists provided. For pur16 poses of this subparagraph, the term ‘election 

17 cycle’ means, with respect to an election for 

18 Federal office, the period beginning on the day 

19 after the date of the most recent general elec20 tion for that office (or, if the general election 

21 resulted in a runoff election, the date of the 

22 runoff election) and ending on the date of the 

23 next general election for that office (or, if the 

24 general election resulted in a runoff election, 

25 the date of the runoff election). 


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1 ‘‘(C) The person is established, directed, or 

2 managed by the candidate or committee or by 

3 any person who, during the 4-year period end4 ing on the date on which the person makes the 

5 payment, has been employed or retained as a 

6 political, campaign media, or fundraising ad7 viser or consultant for the candidate or com8 mittee or for any other entity directly or indi9 rectly controlled by the candidate or committee, 

10 or has held a formal position with the candidate 

11 or committee. 

12 ‘‘(D) The person has retained the profes13 sional services of any person who, during the 2- 

14 year period ending on the date on which the 

15 person makes the payment, has provided or is 

16 providing professional services relating to the 

17 campaign to the candidate or committee. For 

18 purposes of this subparagraph, the term ‘pro19 fessional services’ includes any services in sup20 port of the candidate’s or committee’s campaign 

21 activities, including advertising, message, strat22 egy, policy, polling, allocation of resources, 

23 fundraising, and campaign operations, but does 

24 not include accounting or legal services. 


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1 ‘‘(E) The person is established, directed, or 

2 managed by a member of the immediate family 

3 of the candidate, or the person or any officer or 

4 agent of the person has had more than inci5 dental discussions about the candidate’s cam6 paign with a member of the immediate family 

7 of the candidate. For purposes of this subpara8 graph, the term ‘immediate family’ has the 

9 meaning given such term in section 9004(e) of 

10 the Internal Revenue Code of 1986. 

11 ‘‘(d) COVERED COMMUNICATION DEFINED.— 

12 ‘‘(1) IN GENERAL.—For purposes of this sec13 tion, the term ‘covered communication’ means, with 

14 respect to a candidate or an authorized committee of 

15 a candidate, a public communication (as defined in 

16 section 301(22)) which— 

17 ‘‘(A) expressly advocates the election of the 

18 candidate or the defeat of an opponent of the 

19 candidate (or contains the functional equivalent 

20 of express advocacy); 

21 ‘‘(B) promotes or supports the candidate, 

22 or attacks or opposes an opponent of the can23 didate (regardless of whether the communica24 tion expressly advocates the election or defeat 


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1 of a candidate or contains the functional equiv2 alent of express advocacy); or 

3 ‘‘(C) refers to the candidate or an oppo4 nent of the candidate but is not described in 

5 subparagraph (A) or subparagraph (B), but 

6 only if the communication is disseminated dur7 ing the applicable election period. 

8 ‘‘(2) APPLICABLE ELECTION PERIOD.—In para9 graph (1)(B), the ‘applicable election period’ with re10 spect to a communication means— 

11 ‘‘(A) in the case of a communication which 

12 refers to a candidate in a general, special, or 

13 runoff election, the 120-day period which ends 

14 on the date of the election; or 

15 ‘‘(B) in the case of a communication which 

16 refers to a candidate in a primary or preference 

17 election, or convention or caucus of a political 

18 party that has authority to nominate a can19 didate, the 60-day period which ends on the 

20 date of the election or convention or caucus. 

21 ‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN22 VOLVING CONGRESSIONAL CANDIDATES.—For pur23 poses of this subsection, a public communication 

24 shall not be considered to be a covered communica25 tion with respect to a candidate for election for an 


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1 office other than the office of President or Vice 

2 President unless it is publicly disseminated or dis3 tributed in the jurisdiction of the office the can4 didate is seeking. 

5 ‘‘(e) PENALTY.— 

6 ‘‘(1) DETERMINATION OF AMOUNT.—Any per7 son who knowingly and willfully commits a violation 

8 of this Act by making a contribution which consists 

9 of a payment for a coordinated expenditure shall be 

10 fined an amount equal to the greater of— 

11 ‘‘(A) in the case of a person who makes a 

12 contribution which consists of a payment for a 

13 coordinated expenditure in an amount exceeding 

14 the applicable contribution limit under this Act, 

15 300 percent of the amount by which the 

16 amount of the payment made by the person ex17 ceeds such applicable contribution limit; or 

18 ‘‘(B) in the case of a person who is prohib19 ited under this Act from making a contribution 

20 in any amount, 300 percent of the amount of 

21 the payment made by the person for the coordi22 nated expenditure. 

23 ‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di24 rector, manager or officer of a person who is subject 

25 to a penalty under paragraph (1) shall be jointly and 


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1 severally liable for any amount of such penalty that 

2 is not paid by the person prior to the expiration of 

3 the 1-year period which begins on the date the Com4 mission imposes the penalty or the 1-year period 

5 which begins on the date of the final judgment fol6 lowing any judicial review of the Commission’s ac7 tion, whichever is later.’’. 

8 (c) EFFECTIVE DATE.— 

9 (1) REPEAL OF EXISTING REGULATIONS ON CO10 ORDINATION.—Effective upon the expiration of the 

11 90-day period which begins on the date of the enact12 ment of this Act— 

13 (A) the regulations on coordinated commu14 nications adopted by the Federal Election Com15 mission which are in effect on the date of the 

16 enactment of this Act (as set forth in 11 C.F.R. 

17 Part 109, Subpart C, under the heading ‘‘Co18 ordination’’) are repealed; and 

19 (B) the Federal Election Commission shall 

20 promulgate new regulations on coordinated 

21 communications which reflect the amendments 

22 made by this title. 

23 (2) EFFECTIVE DATE.—The amendments made 

24 by this section shall apply with respect to payments 

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1 riod which begins on the date of the enactment of 

2 this Act, without regard to whether or not the Fed3 eral Election Commission has promulgated regula4 tions in accordance with paragraph (1)(B) as of the 

5 expiration of such period. 

6 SEC. 1103. CLARIFICATION OF BAN ON FUNDRAISING FOR 

7 SUPER PACS BY FEDERAL CANDIDATES AND 

8 OFFICEHOLDERS. 

9 (a) IN GENERAL.—Section 323(e)(1) of the Federal 

10 Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) 

11 is amended— 

12 (1) by striking ‘‘or’’ at the end of subparagraph 

13 (A); 

14 (2) by striking the period at the end of sub15 paragraph (B) and inserting ‘‘; or’’; and 

16 (3) by adding at the end the following new sub17 paragraph: 

18 ‘‘(C) solicit, receive, direct, or transfer 

19 funds to or on behalf of any political committee 

20 which accepts donations or contributions that 

21 do not comply with the limitations, prohibitions, 

22 and reporting requirements of this Act (or to or 

23 on behalf of any account of a political com24 mittee which is established for the purpose of 

25 accepting such donations or contributions), or 


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1 to or on behalf of any political organization 

2 under section 527 of the Internal Revenue Code 

3 of 1986 which accepts such donations or con4 tributions (other than a committee of a State or 

5 local political party or a candidate for election 

6 for State or local office).’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall apply with respect to elections occur9 ring after January 1, 2017. 

10 Subtitle C—Real-Time 

11 Transparency 

12 SEC. 1201. SHORT TITLE. 

13 This subtitle may be cited as the ‘‘Real Time Trans14 parency Act’’. 

15 SEC. 1202. 48-HOUR NOTIFICATION REQUIRED FOR ALL PO16 LITICAL COMMITTEES RECEIVING CUMU17 LATIVE CONTRIBUTIONS OF $1,000 OR MORE 

18 DURING A YEAR FROM ANY CONTRIBUTOR. 

19 (a) NOTIFICATION.—Section 304(a)(6)(A) of the 

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

21 434(a)(6)(A)) is amended to read as follows: 

22 ‘‘(A)(i) If a political committee receives an aggregate 

23 amount of contributions equal to or greater than $1,000 

24 from any contributor during a calendar year, the com25 mittee shall submit a notification to the Commission conVerDate Sep 11 2014 22:53 Jun 17, 2016 Jkt 059200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S6.IS S6

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1 taining the name of the committee (and, in the case of 

2 an authorized committee of a candidate, the name of the 

3 candidate and the office sought by the candidate), the 

4 identification of the contributor, and the date of receipt 

5 and amount of the contributions involved. 

6 ‘‘(ii) If, at any time after a political committee is re7 quired to submit a notification under this subparagraph 

8 with respect to a contributor during a calendar year, the 

9 political committee receives additional contributions from 

10 that contributor during that year, the committee shall sub11 mit an additional notification under clause (i) with respect 

12 to such contributor each time the aggregate amount of the 

13 additional contributions received from the contributor dur14 ing the year equals or exceeds $1,000 (excluding the 

15 amount of any contribution for which information is re16 quired to be included in a previous notification under this 

17 subparagraph). 

18 ‘‘(iii) The political committee shall submit the notifi19 cation required under this subparagraph with respect to 

20 a contributor— 

21 ‘‘(I) in the case of a notification described in 

22 clause (i), not later than 48 hours after the date on 

23 which the aggregate amount of contributions re24 ceived from the contributor during the calendar year 

25 first equals or exceeds $1,000; or 


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1 ‘‘(II) in the case of an additional notification 

2 described in clause (ii), not later than 48 hours after 

3 the date on which the aggregate amount of contribu4 tions received from the contributor during the cal5 endar year for which information was not already in6 cluded in a notification under this subparagraph 

7 first equals or exceeds $1,000. 

8 ‘‘(iv) For purposes of this subparagraph, any amount 

9 transferred by a joint fundraising committee which is es10 tablished by an authorized committee of a candidate to 

11 any other authorized committee of that candidate shall be 

12 treated as a contribution by the joint fundraising com13 mittee to such authorized committee.’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall apply with respect to contributions re16 ceived by a political committee under the Federal Election 

17 Campaign Act of 1971 during 2016 or any succeeding 

18 year, except that nothing in such amendment may be con19 strued to require a political committee which does not re20 ceive contributions during the portion of 2016 which oc21 curs after the date of the enactment of this Act to meet 

22 the requirements of section 304(a)(6)(A) of the Federal 

23 Election Campaign Act of 1971, as amended by subsection 

24 (a). 


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1 SEC. 1203. FILING BY SENATE CANDIDATES WITH FEDERAL 

2 ELECTION COMMISSION. 

3 (a) MANDATORY FILING WITH FEC.—Section 

4 302(g) of the Federal Election Campaign Act of 1971 (2 

5 U.S.C. 432(g)) is amended to read as follows: 

6 ‘‘(g) FILING WITH THE COMMISSION.—All designa7 tions, statements, and reports required to be filed under 

8 this Act shall be filed with the Commission.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall apply with respect to materials filed 

11 on or after the date of the enactment of this Act. 

12 Subtitle D—Establishment of 

13 Federal Election Administration 

14 SEC. 1301. SHORT TITLE. 

15 This subtitle may be cited as the ‘‘Federal Election 

16 Administration Act of 2016’’. 

17 PART I—FEDERAL ELECTION ADMINISTRATION 

18 SEC. 1311. ESTABLISHMENT OF THE FEDERAL ELECTION 

19 ADMINISTRATION. 

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

21 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

22 amended by adding at the end the following new subtitle: 


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1 ‘‘Subtitle B—Administrative 

2 Provisions 

3 ‘‘CHAPTER 1—ESTABLISHMENT OF THE 

4 FEDERAL ELECTION ADMINISTRATION 

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

6 ADMINISTRATION. 

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

8 Election Administration (in this Act referred to as the 

9 ‘Administration’). 

10 ‘‘(b) INDEPENDENT ESTABLISHMENT.—The Admin11 istration shall be an independent establishment (as defined 

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

13 ‘‘(c) PURPOSE.—The Administration shall admin14 ister, seek to obtain compliance with, enforce, and formu15 late policy in a manner that is consistent with the lan16 guage and intent of Congress with respect to the following 

17 statutes: 

18 ‘‘(1) This Act. 

19 ‘‘(2) The Presidential Election Campaign Fund 

20 Act under chapter 95 of the Internal Revenue Code 

21 of 1986. 

22 ‘‘(3) The Presidential Primary Matching Pay23 ment Account Act under chapter 96 of the Internal 

24 Revenue Code of 1986. 


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1 ‘‘(d) EXCLUSIVE CIVIL JURISDICTION.—The Admin2 istration shall have exclusive jurisdiction with respect to 

3 the civil enforcement of the statutes identified in sub4 section (c). 

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

6 Administration with respect to the exercise of its duties 

7 and powers under this Act, except those expressly reserved 

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

9 of its members. 

10 ‘‘(f) MEETINGS AND QUORUM.— 

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

12 meet— 

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

14 ‘‘(B) at the call of the Chair. 

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

16 the Administration shall constitute a quorum. 

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

18 proper seal, with such suitable inscriptions and devices as 

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

20 official seal of the Federal Election Administration, shall 

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

22 rules and regulations as the Administration may prescribe. 

23 Judicial notice shall be taken of the seal. 

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

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1 bia, but the Administration may meet or exercise any of 

2 its powers anywhere in the United States. 

3 ‘‘SEC. 352. COMPOSITION OF THE FEDERAL ELECTION AD4 MINISTRATION. 

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

6 composed of 5 members, 1 of whom shall serve as the 

7 Chair of the Administration. Not more than 2 members 

8 of the Administration shall be affiliated with the same po9 litical party while serving as a member of the Administra10 tion. For purposes of the preceding sentence, a member 

11 shall be treated as affiliated with a political party if such 

12 member was affiliated with such political party at any time 

13 during the 5-year period ending on the date on which such 

14 individual is nominated to be a member of the Administra15 tion. 

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 5 members of the Admin22 istration, designate 1 of the 5 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) IN GENERAL.—The President may 

3 select an individual for service as a Member of 

4 the Commission if the individual has experience 

5 in election law and has a demonstrated record 

6 of integrity, impartiality, and good judgment. 

7 ‘‘(B) ASSISTANCE OF BLUE RIBBON ADVI8 SORY PANEL.— 

9 ‘‘(i) IN GENERAL.—Prior to the regu10 larly scheduled expiration of the term of a 

11 member of the Commission and upon the 

12 occurrence of a vacancy in the membership 

13 of the Commission prior to the expiration 

14 of a term, the President shall convene a 

15 Blue Ribbon Advisory Panel, that includes 

16 individuals representing each major polit17 ical party and individuals who are inde18 pendent of a political party and that con19 sists of an odd number of individuals se20 lected by the President from retired Fed21 eral judges, former law enforcement offi22 cials, or individuals with experience in elec23 tion law, except that the President may not 

24 select any individual to serve on the panel 


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1 who holds any public office at the time of 

2 selection. 

3 ‘‘(ii) RECOMMENDATIONS.—With re4 spect to each member of the Commission 

5 whose term is expiring or each vacancy in 

6 the membership of the Commission (as the 

7 case may be), the Blue Ribbon Advisory 

8 Panel shall recommend to the President at 

9 least one but not more than 3 individuals 

10 for nomination for appointment as a mem11 ber of the Commission. 

12 ‘‘(iii) PUBLICATION.—At the time the 

13 President submits to the Senate the nomi14 nations for individuals to be appointed as 

15 members of the Commission, the President 

16 shall publish the Blue Ribbon Advisory 

17 Panel’s recommendations for such nomina18 tions. 

19 ‘‘(iv) EXEMPTION FROM FEDERAL AD20 VISORY COMMITTEE ACT.—The Federal 

21 Advisory Committee Act (5 U.S.C. App.) 

22 shall not apply to a Blue Ribbon Advisory 

23 Panel convened under this subparagraph. 

24 ‘‘(c) TERM OF OFFICE.— 

25 ‘‘(1) IN GENERAL.— 


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1 ‘‘(A) CHAIR.—The Chair of the Adminis2 tration shall be appointed for a term of 10 

3 years. 

4 ‘‘(B) OTHER MEMBERS.—Subject to sub5 paragraph (C), the 4 members of the Adminis6 tration other than the Chair shall be appointed 

7 for a term of 6 years. 

8 ‘‘(C) INITIAL APPOINTMENTS.—Of the 

9 members initially appointed under subpara10 graph (B), 2 members shall be appointed for a 

11 term of 3 years. 

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

13 the Administration may only serve 1 term, except 

14 that— 

15 ‘‘(A) an individual appointed under sub16 paragraph (B) of paragraph (1) who is ap17 pointed for the term described in subparagraph 

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

19 6-year term in addition to the term described in 

20 such subparagraph; and 

21 ‘‘(B) an individual appointed under para22 graph (4) to fill the remainder of an unexpired 

term that has less than 1 23 ⁄2 of the term remain24 ing may be appointed to serve another term. 


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1 ‘‘(3) EXPIRED TERMS.—An individual may con2 tinue to serve as a member of the Administration 

3 after the expiration of such individual’s term until 

4 the earlier of— 

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

6 successor has taken office; or 

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

8 the term of such member expired. 

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

10 upon a vacancy occurring before the expiration of 

11 the term for which the individual’s predecessor was 

12 appointed shall be appointed only for the unexpired 

13 term of the predecessor. Such vacancy shall be filled 

14 in the same manner as the original appointment. 

15 ‘‘(5) PROHIBITING ENGAGEMENT WITH OTHER

16 BUSINESS OR EMPLOYMENT DURING SERVICE.—A 

17 member of the Commission shall not engage in any 

18 other business, vocation, or employment. Any indi19 vidual who is engaging in any other business, voca20 tion, or employment at the time of his or her ap21 pointment to the Commission shall terminate or liq22 uidate such activity not later than 90 days after 

23 such appointment. 


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

2 may be removed by the President only for inefficiency, ne3 glect of duty, or malfeasance in office. 

4 ‘‘SEC. 353. STAFF DIRECTOR. 

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

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

8 ‘‘(1) shall assist the Administration in its ad9 ministration and operations; 

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

11 Administration shall prescribe; and 

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

13 ‘‘(A) appoint and fix the pay of such addi14 tional personnel as the staff director considers 

15 appropriate without regard to the provisions of 

16 title 5, United States Code, governing appoint17 ments in the competitive service; and 

18 ‘‘(B) procure temporary and intermittent 

19 services to the same extent as is authorized by 

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

21 but at rates for individuals not to exceed the 

22 daily equivalent of the annual rate of basic pay 

23 in effect for grade GS–15 of the General Sched24 ule (5 U.S.C. 5332). 


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1 ‘‘(c) APPOINTMENT.—The staff director shall be ap2 pointed by the Chair, after consultation with the other 

3 members of the Administration. 

4 ‘‘(d) OTHER ACTIVITIES.—An individual may not en5 gage in any other business, vocation, or employment while 

6 serving as the staff director. 

7 ‘‘SEC. 354. GENERAL COUNSEL. 

8 ‘‘(a) IN GENERAL.—There shall be in the Adminis9 tration a general counsel. 

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

11 shall— 

12 ‘‘(1) serve as the chief legal officer of the Ad13 ministration; 

14 ‘‘(2) provide legal assistance to the Administra15 tion concerning its programs and policies; 

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

17 carrying out its responsibilities under section 361; 

18 and 

19 ‘‘(4) represent the Administration in any pro20 ceeding in court or before an administrative law 

21 judge. 

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

23 appointed by the Chair, subject to approval by majority 

24 vote of the members of the Administration. 


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1 ‘‘SEC. 355. INSPECTOR GENERAL. 

2 ‘‘There shall be in the Administration an inspector 

3 general. The inspector general and the office of inspector 

4 general shall be subject to the Inspector General Act of 

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

6 ‘‘CHAPTER 2—OPERATION OF THE 

7 FEDERAL ELECTION ADMINISTRATION 

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

9 ‘‘(a) CHAIR.— 

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

11 chief administrative officer of the Administration 

12 with the authority to administer the Administration 

13 and shall, after consultation with the other members 

14 of the Administration, have the power to appoint or 

15 remove the staff director and to establish the budget 

16 of the Administration. 

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

18 power— 

19 ‘‘(A) to the fullest extent practicable, to re20 quest the assistance of other agencies and de21 partments of the United States, including the 

22 personnel and facilities of such agencies and de23 partments and the heads of such agencies and 

24 departments may make available to the Chair 

25 such personnel, facilities, and other assistance, 

26 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 not 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 not later than 20 days after the Ad22 ministration 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 

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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) NOTICE AND COMMENT.— 

5 ‘‘(1) PUBLICATION OF REQUESTS.—The Admin6 istration shall make public any request made under 

7 subsection (a) for an advisory opinion. 

8 ‘‘(2) OPPORTUNITY TO COMMENT.— 

9 ‘‘(A) WRITTEN COMMENTS.—Before ren10 dering an advisory opinion, the Administration 

11 shall accept written comments submitted by any 

12 interested party within the 10-day period fol13 lowing the date on which the request is made 

14 public. 

15 ‘‘(B) TESTIMONY.—To the extent that the 

16 Commission provides an opportunity for a per17 son requesting an advisory opinion under this 

18 section (or counsel for such person) to appear 

19 before the Commission to present testimony in 

20 support of the request, and the person (or coun21 sel) accepts such opportunity, the Commission 

22 shall provide a reasonable opportunity for an 

23 interested party who submitted written com24 ments under subparagraph (A) in response to 

25 the request (or counsel for such interested 


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1 party) to appear before the Commission to 

2 present testimony in response to the request. 

3 ‘‘(e) JUDICIAL REVIEW.— 

4 ‘‘(1) IN GENERAL.—Any person adversely af5 fected by an advisory opinion rendered by the Ad6 ministration may obtain judicial review of such advi7 sory opinion by filing a petition in the United States 

8 Court of Appeals for the District of Columbia Cir9 cuit. 

10 ‘‘(2) SCOPE OF REVIEW.—For purposes of con11 ducting the judicial review described in paragraph 

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

13 States Code, shall apply. 

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

15 ‘‘(a) ISSUANCE BY THE CHAIR.—If the Administra16 tion is conducting an investigation pursuant to section 371 

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

18 have the power to require by subpoena the attendance and 

19 testimony of witnesses and the production of all documen20 tary evidence relating to the execution of the Administra21 tion’s duties. 

22 ‘‘(b) ISSUANCE BY AN ADMINISTRATIVE LAW

23 JUDGE.—Any administrative law judge presiding over an 

24 enforcement action pursuant to section 373 shall have the 

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1 mony of witnesses and the production of all documentary 

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

3 ‘‘(c) ISSUANCE AND ENFORCEMENT OF SUB4 POENAS.— 

5 ‘‘(1) ISSUANCE.—Subpoenas issued under sub6 section (a) or (b) shall bear the signature of the 

7 Chair or an administrative law judge, respectively, 

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

9 designated by the Chair or administrative law judge 

10 for that purpose. 

11 ‘‘(2) ENFORCEMENT.—In the case of contu12 macy or failure to obey a subpoena issued under 

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

14 the judicial district in which the subpoenaed person 

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

16 order requiring such person to appear at any des17 ignated place to testify or to produce documentary 

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

19 the court may be punished by the court as a con20 tempt of that court. 

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

22 1821 of title 28, United States Code, shall apply to wit23 nesses requested or subpoenaed to appear at any hearing 

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1 ances for witnesses shall be paid from funds available to 

2 pay the expenses of the Administration. 

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

4 are required to attend a Federal district court may run 

5 into any other district. 

6 ‘‘SEC. 365. RULEMAKING AUTHORITY. 

7 ‘‘(a) IN GENERAL.—The Administration may, pursu8 ant to the provisions of chapter 5 of title 5, United States 

9 Code, prescribe such rules and regulations as the Adminis10 tration deems necessary to carry out the provisions of this 

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

12 of 1986, including the authority to promulgate rules of 

13 practice and procedure for agency adjudications. 

14 ‘‘(b) AUTHORITY TO PROMULGATE INDEPENDENT

15 REGULATIONS.—Whenever the Administration promul16 gates any regulation, it shall not be required to submit 

17 such regulation for review or approval to the President 

18 or the Office of Management and Budget. 

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

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

21 including procedures for the conduct of enforcement ac22 tions under sections 371, 372, and 373. 

23 ‘‘(d) FORMS.— 

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

25 prescribe forms necessary to implement this Act and 


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1 chapters 95 and 96 of the Internal Revenue Code of 

2 1986. 

3 ‘‘(2) PUBLIC PROTECTION.—Any forms pre4 scribed by the Administration under paragraph (1), 

5 and any information-gathering activities of the Ad6 ministration under this Act, shall not be subject to 

7 the provisions of section 3512 of title 44, United 

8 States Code. 

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

10 Notwithstanding any other provision of law, any person 

11 who relies upon any rule or regulation prescribed by the 

12 Administration in accordance with the provisions of this 

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

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

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

16 95 or 96 of the Internal Revenue Code of 1986. 

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

18 rules, regulations, and forms under this section, the Ad19 ministration and the Secretary of the Treasury shall con20 sult and work together to promulgate rules, regulations, 

21 and forms which are mutually consistent. The Administra22 tion shall report to Congress annually on the steps it has 

23 taken to comply with this subsection. 

24 ‘‘(g) JUDICIAL REVIEW.— 


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1 ‘‘(1) IN GENERAL.—Any person adversely af2 fected by a rule, regulation, or form promulgated by 

3 the Administration may obtain judicial review of 

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

5 the United States Court of Appeals for the District 

6 of Columbia Circuit. 

7 ‘‘(2) SCOPE OF REVIEW.—For purposes of con8 ducting the judicial review described in paragraph 

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

10 States Code, shall apply. 

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

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

13 series of interrelated provisions stating a single, separable 

14 rule of law. 

15 ‘‘SEC. 366. LITIGATION AUTHORITY. 

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

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

18 of title 5, United States Code, the Administration is au19 thorized to bring, appear in, defend against, and appeal 

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

21 of the Internal Revenue Code of 1986, in any court ei22 ther— 

23 ‘‘(1) by attorneys employed by the Administra24 tion; or 


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1 ‘‘(2) by counsel whom it may appoint, on a tem2 porary basis as may be necessary for such purpose, 

3 without regard to the provisions of title 5, United 

4 States Code, governing appointments in the competi5 tive service, and whose compensation it may fix 

6 without regard to the provisions of chapter 51 and 

7 subchapter III of chapter 53 of such title. 

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

9 The compensation of counsel appointed on a temporary 

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

11 funds otherwise available to pay the compensation of em12 ployees of the Administration. 

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

14 In pursuing an action under this section, the Administra15 tion may act independently of the Attorney General. 

16 ‘‘SEC. 367. AVAILABILITY OF REPORTS. 

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

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

19 required to file reports and statements under this 

20 Act a manual recommending uniform methods of 

21 bookkeeping and reporting; 

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

23 system consistent with the purposes of this Act; 

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1 ments filed with the Administration, make them 

2 available for public inspection, and copying, at the 

3 expense of the person requesting such copying, ex4 cept that any information copied from such reports 

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

6 for the purpose of soliciting contributions or for 

7 commercial purposes, other than using the name and 

8 address of any political committee to solicit contribu9 tions from such committee; 

10 ‘‘(4) keep such designations, reports, and state11 ments for a period of 10 years from the date of re12 ceipt and maintain computerized records of such 

13 designations, reports, and statements thereafter; 

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

15 index of designations, reports, and statements filed 

16 under this Act, publish the index at regular inter17 vals, and make the index available for purchase di18 rectly or by mail; 

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

20 cumulative index of reports and statements filed by 

21 multicandidate committees, including in such index a 

22 list of multicandidate committees; and 

23 ‘‘(C) compile and maintain a list of multi24 candidate committees, which shall be revised and 

25 made available monthly; 


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

2 authorized committees which fail to file reports as 

3 required by this Act; and 

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

5 compilation of information and review of procedures 

6 with respect to the administration of Federal elec7 tions. 

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

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

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

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

12 such committee attaches a list of such pseudonyms to the 

13 appropriate report. The Administration shall exclude these 

14 lists from the public record. 

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

16 into contracts for the purpose of performing the duties 

17 described in subsection (a). 

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

19 information described in subsection (a) shall be available 

20 to the public, except that— 

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

22 upon request, to agencies and branches of the Fed23 eral Government; and 

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

25 the application of paragraph (7) of such subsection 


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1 shall be made available to the public only upon the 

2 payment of the cost thereof. 

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

4 ‘‘(a) IN GENERAL.—The Administration may, in ac5 cordance with the provisions of this section, conduct audits 

6 and field investigations of any political committee required 

7 to file a report under section 304. 

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

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

10 payments received by a candidate or committee under 

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

12 shall be given priority. 

13 ‘‘(c) AUDITS AND FIELD EXAMINATIONS WHERE

14 THRESHOLDS NOT MET.— 

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

16 shall conduct an internal review of reports filed by 

17 selected committees to determine if the reports filed 

18 by a particular committee meet the threshold re19 quirements for substantial compliance with the Act. 

20 Such thresholds for compliance shall be established 

21 by the Administration. 

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

23 Administration may vote to conduct an audit and 

24 field investigation of any committee which it deter25 mines under paragraph (1) does not meet the 


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1 threshold requirements established by the Adminis2 tration. Such audits shall be commenced within 30 

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

4 provisions of this subsection of an authorized com5 mittee of a candidate shall be commenced within 6 

6 months of the election for which such committee is 

7 authorized. 

8 ‘‘(d) RANDOM AUDITS.— 

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

10 conducted under subsection (c), the Administration 

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

12 committee selected at random to ensure compliance 

13 with this Act. The selection of any committee under 

14 this paragraph shall be based on standards and pro15 cedures adopted by the Administration, except that 

16 in any calendar year such audits may be initiated 

17 against no more than 3 percent of all authorized 

18 candidate campaign committees. 

19 ‘‘(2) APPLICABLE RULES.— 

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

21 selects a committee for audit under paragraph 

22 (1), the Administration shall promptly notify 

23 the committee of the selection and commence 

24 the audit within 30 days of the selection. 


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1 ‘‘(B) SPECIAL RULES FOR AUTHORIZED

2 COMMITTEES.—If the committee selected under 

3 paragraph (1) is an authorized committee of a 

4 candidate, the audit— 

5 ‘‘(i) shall be commenced and actively 

6 undertaken within 6 months of the election 

7 for which the committee is authorized; and 

8 ‘‘(ii) may examine compliance with 

9 this Act only with respect to that election. 

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

11 apply to an authorized committee of a candidate for 

12 President or Vice President subject to audit under 

13 section 9007 or 9038 of the Internal Revenue Code 

14 of 1986. 

15 ‘‘SEC. 369. CONGRESSIONAL OVERSIGHT. 

16 ‘‘Nothing in this Act shall be construed to limit, re17 strict, or diminish any investigatory, informational, over18 sight, supervisory, or disciplinary authority or function of 

19 Congress or any committee of Congress with respect to 

20 elections for Federal office. 

21 ‘‘CHAPTER 3—ENFORCEMENT 

22 ‘‘SEC. 371. INITIATION OF ENFORCEMENT ACTIONS BY AD23 MINISTRATION. 

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

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1 ducting an investigation, the Administration finds reason2 able grounds to believe that a violation of this Act or of 

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

4 has occurred or is about to occur. 

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

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

7 information available to the Administration, including the 

8 filing of a complaint under section 372. 

9 ‘‘(c) NOTICE AND OPPORTUNITY TO DEMONSTRATE

10 NO VIOLATION.—Prior to initiating an enforcement action 

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

12 person under investigation notice and the opportunity to 

13 demonstrate that there are no reasonable grounds to be14 lieve a violation has occurred or is about to occur, but the 

15 Administration’s decision on such matter shall not be sub16 ject to judicial review. 

17 ‘‘SEC. 372. COMPLAINT TO INITIATE ENFORCEMENT AC18 TION. 

19 ‘‘(a) FILING OF COMPLAINT.— 

20 ‘‘(1) IN GENERAL.—Any person may file a com21 plaint with the Administration alleging a violation of 

22 this Act or of chapter 95 or 96 of the Internal Rev23 enue Code of 1986. 

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

25 filed under paragraph (1) shall be— 


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

2 the person filing such complaint; 

3 ‘‘(B) notarized; and 

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

5 subject to the provisions of section 1001 of title 

6 18, United States Code. 

7 ‘‘(3) ACTION BY THE ADMINISTRATION.—Sub8 ject to paragraph (4), based on the allegations in a 

9 complaint filed under paragraph (1), and such inves10 tigations the Administration deems necessary and 

11 appropriate, the Administration may— 

12 ‘‘(A) initiate a civil enforcement action 

13 under section 373 if the Administration finds 

14 reasonable grounds to believe a violation has oc15 curred or is about to occur; or 

16 ‘‘(B) dismiss the complaint. 

17 ‘‘(4) PROHIBITION OF ANONYMOUS COM18 PLAINTS.—The Commission may not conduct any 

19 investigation or take any other action under this sec20 tion solely on the basis of a complaint of a person 

21 whose identity is not disclosed to the Administration. 

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

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

24 entitled to recover from the Administration up to 

25 $1,000 of the costs incurred in preparing and filing 


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1 the complaint if, based on the complaint, the Admin2 istration— 

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

4 that a person has violated (or is about to vio5 late) the Act; or 

6 ‘‘(B) enters into a conciliation agreement 

7 with a person under section 373(c). 

8 ‘‘(b) NOTICE AND OPPORTUNITY TO DEMONSTRATE

9 NO VIOLATION.—Prior to initiating an enforcement action 

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

11 any person named in a complaint notice and an oppor12 tunity to demonstrate that there are no reasonable 

13 grounds to believe a violation described in such subsection 

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

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

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

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

18 TIMELY ACTION.— 

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

20 ‘‘(A) dismisses a complaint filed under 

21 subsection (a); or 

22 ‘‘(B) fails to initiate a civil enforcement ac23 tion under section 373 within 180 days of the 

24 filing of such a complaint, the person filing the 

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1 cial review of the Administration’s dismissal, or 

2 failure to act, in Federal district court in the 

3 District of Columbia or in the district in which 

4 such person resides. 

5 ‘‘(2) SCOPE OF REVIEW.—The court shall re6 view the Administration’s dismissal of the complaint 

7 or failure to act in accordance with the provisions of 

8 section 706 of title 5, United States Code. 

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

10 the Administration to initiate an enforcement action 

11 or to conduct a further investigation of the com12 plaint within a time set by the court. 

13 ‘‘SEC. 373. CIVIL ENFORCEMENT ACTIONS. 

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

15 the authority to impose a civil monetary penalty under sec16 tion 375, issue a cease-and-desist order under section 376, 

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

18 on the record after notice and an opportunity for hearing 

19 before an administrative law judge pursuant to subchapter 

20 II of chapter 5 of title 5, United States Code, that a per21 son has violated (or, in the case of a cease-and-desist 

22 order, has violated or is about to violate) this Act or chap23 ter 95 or 96 of the Internal Revenue Code of 1986. The 

24 general counsel shall represent the Administration in any 

25 proceeding before an administrative law judge. 


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

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

3 under section 371 or 372 that there are reasonable 

4 grounds to believe a violation has occurred or is 

5 about to occur, the Administration shall serve writ6 ten notice of the charges on each respondent, and 

7 shall conduct such further investigation as the Ad8 ministration deems necessary and appropriate. 

9 ‘‘(2) REQUEST FOR HEARING.—Each respond10 ent shall have an opportunity to request, prior to the 

11 date that is 30 days after the date on which the no12 tice is received, a hearing on the charges before an 

13 administrative law judge. 

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

15 HEARING.—If no hearing is requested, the Adminis16 tration shall make a finding on the charges, and 

17 shall issue whatever relief the Administration deems 

18 appropriate under sections 375 and 376. 

19 ‘‘(c) CONCILIATION.— 

20 ‘‘(1) PROCEDURES FOR ENTERING INTO CON21 CILIATION AGREEMENTS.— 

22 ‘‘(A) IN GENERAL.—If the respondent re23 quests a hearing under subsection (b)(2), the 

24 Administration shall attempt, for a period that 

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1 ing is requested within 60 days of an election), 

2 to correct or prevent such violation by informal 

3 methods of conference, conciliation, and persua4 sion, and to enter into a conciliation agreement 

5 with the respondent. In the case of a hearing 

6 that is requested at a time other than within 60 

7 days of an election, the period for conciliation 

8 shall not be less than 30 days unless an agree9 ment is reached before then. 

10 ‘‘(B) INCLUSION OF CIVIL MONETARY PEN11 ALTIES.—A conciliation agreement may include 

12 a requirement that the person involved in such 

13 conciliation shall pay a civil monetary penalty 

14 that does not exceed the amounts set forth in 

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

16 a knowing and willful violation, the amounts set 

17 forth in subsection (b) of such section. The con18 ciliation agreement may also include the re19 quirement that the person involved consent to 

20 the terms of a cease-and-desist order, as pro21 vided in section 376. 

22 ‘‘(C) REPRESENTATION BY GENERAL

23 COUNSEL.—The general counsel shall represent 

24 the Administration in any negotiations for a 

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1 tion agreement shall be subject to the approval 

2 of the Administration. 

3 ‘‘(D) BAR TO FURTHER ACTION.—A con4 ciliation agreement, unless violated, is a com5 plete bar to any further action by the Adminis6 tration. 

7 ‘‘(2) CONFIDENTIALITY.—No action by the Ad8 ministration or any other person, and no informa9 tion derived in connection with any conciliation at10 tempt by the Administration may be made public by 

11 the Administration, without the written consent of 

12 the respondent, except that if a conciliation agree13 ment is agreed upon and signed by the Administra14 tion and the respondent, the Administration shall 

15 make such agreement public. 

16 ‘‘(3) VIOLATION OF CONCILIATION AGREE17 MENT.—In any case in which a person has entered 

18 into a conciliation agreement with the Administra19 tion under paragraph (1), the Administration may 

20 institute a civil action for relief if the Administration 

21 believes the person has violated any provision of 

22 such conciliation agreement. Such civil action shall 

23 be brought in the Federal district court for the dis24 trict in which the respondent resides or has its prin25 cipal place of business, or for the District of ColumVerDate Sep 11 2014 05:16 Jun 17, 2016 Jkt 059200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\S6.IS S6

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1 bia. Such court shall have jurisdiction to issue any 

2 relief appropriate under sections 375 and 376. For 

3 the Administration to obtain relief in any such ac4 tion, the Administration need only establish that the 

5 person has violated, in whole or in part, any require6 ment of such conciliation agreement. 

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

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

9 shall be conducted before an administrative law judge, who 

10 shall make such findings of fact and conclusions of law 

11 as the administrative law judge deems appropriate. The 

12 administrative law judge shall also have the authority to 

13 impose a civil monetary penalty on the respondent, issue 

14 a cease-and-desist order, or both. The decision of the ad15 ministrative law judge shall constitute final agency action 

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

17 ‘‘(e) APPEAL TO ADMINISTRATION.— 

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

19 and each respondent shall each have a right to ap20 peal to the Administration from any final determina21 tion made by an administrative law judge. 

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

23 the event of an appeal under paragraph (1), the Ad24 ministration shall review the determination of the 

25 administrative law judge to determine whether— 


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1 ‘‘(A) a finding of material fact is not sup2 ported by substantial evidence; 

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

4 ‘‘(C) the determination of the administra5 tive law judge is contrary to law or to the duly 

6 promulgated rules or decisions of the Adminis7 tration; 

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

9 committed; or 

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

11 otherwise arbitrary, capricious, or an abuse of 

12 discretion. 

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

14 the Administration shall constitute final agency ac15 tion. 

16 ‘‘(f) JUDICIAL REVIEW.— 

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

18 final agency action and who has exhausted all ad19 ministrative remedies, including requesting a hearing 

20 before an administrative law judge and appealing an 

21 adverse decision of an administrative law judge to 

22 the Administration, may obtain judicial review of 

23 such action in the United States Court of Appeals 

24 for any circuit wherein such person resides or has its 

25 principal place of business, or in the United States 


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1 Court of Appeals for the District of Columbia Cir2 cuit. 

3 ‘‘(2) SCOPE OF REVIEW.—For purposes of con4 ducting the judicial review described in paragraph 

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

6 States Code, shall apply. 

7 ‘‘(3) PETITION FOR JUDICIAL REVIEW.—To ob8 tain judicial review under paragraph (1), an ag9 grieved party described in such paragraph shall file 

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

11 beginning on the date on which the order was 

12 issued. A copy of such petition shall be transmitted 

13 forthwith by the clerk of the court to the Adminis14 tration, and thereupon the Administration shall file 

15 in the court the record upon which the order com16 plained of was entered, as provided in section 2112 

17 of title 28, United States Code. 

18 ‘‘SEC. 374. NOTIFICATION OF NONFILERS. 

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

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

21 report required under section 304(a)(2)(A)(iii) for the cal22 endar quarter immediately preceding the election involved, 

23 or in accordance with section 304(a)(2)(A)(i), the Admin24 istration shall notify the person of such failure to file the 

25 required reports. 


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1 ‘‘(b) OPPORTUNITY FOR RESPONSE.—If a satisfac2 tory response is not received within 4 business days after 

3 the date of notification, the Administration shall, pursuant 

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

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

6 failed to file. 

7 ‘‘SEC. 375. CIVIL MONETARY PENALTIES. 

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

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

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

11 monetary penalty for each violation which does not exceed 

12 the greater of $5,000 or an amount equal to any contribu13 tion or expenditure involved in such violation. Such pen14 alty shall be imposed by the Administration pursuant to 

15 section 373. 

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

17 person who commits a knowing and willful violation of this 

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

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

20 monetary penalty for each violation which does not exceed 

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

22 of any contribution or expenditure involved in such viola23 tion (or, in the case of a violation of section 320, which 

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

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


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

2 Such penalty shall be imposed by the Administration pur3 suant to section 373. 

4 ‘‘(c) DETERMINATION OF CIVIL MONETARY PEN5 ALTY.—In determining the amount of a civil monetary 

6 penalty under this section with respect to a violation de7 scribed in this section, the Administration or an adminis8 trative law judge shall take into account the nature, cir9 cumstances, extent, and gravity of the violation and, with 

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

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

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

13 ‘‘(1) IN GENERAL.—If the Administration de14 termines that a knowing and willful violation of this 

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

16 and willful violation of chapter 95 or 96 of the Inter17 nal Revenue Code of 1986, has occurred or is about 

18 to occur, the Administration may refer such appar19 ent violation to the Attorney General without regard 

20 to any limitations set forth under section 373. 

21 ‘‘(2) REPORTING BY THE ATTORNEY GEN22 ERAL.—Whenever the Administration refers an ap23 parent violation to the Attorney General, the Attor24 ney General shall report to the Administration any 

25 action taken by the Attorney General regarding the 


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1 apparent violation. Each report shall be transmitted 

2 within 60 days after the date the Administration re3 fers an apparent violation, and every 30 days there4 after until the final disposition of the apparent viola5 tion. 

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

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

8 after notice and opportunity for hearing under section 

9 373, that any person is violating, has violated, or is about 

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

11 of the Internal Revenue Code of 1986, or any rule or regu12 lation thereunder, the Administration may publish any 

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

14 other person that is, was, or would be a cause of the viola15 tion due to an act or omission the person knew or should 

16 have known would contribute to such violation, to cease 

17 and desist from committing or causing such violation and 

18 any future violation of the same provision, rule, or regula19 tion. Such order may, in addition to requiring a person 

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

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

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

23 such terms and conditions and within such time as the 

24 Administration may specify in such order. 


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1 ‘‘(b) TEMPORARY ORDER.—Whenever the Adminis2 tration determines that an alleged violation or threatened 

3 violation specified in the notice initiating a civil enforce4 ment action under section 373, or the continuation there5 of, is likely to result in violation of this Act, or of chapter 

6 95 or 96 of the Internal Revenue Code of 1986, and sub7 stantial harm to the public interest, the Administration 

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

9 which the respondent resides or has its principal place of 

10 business, in which the alleged or threatened violation oc11 curred or is about to occur, or for the District of Colum12 bia, for a temporary restraining order or a preliminary 

13 injunction requiring the respondent to cease and desist 

14 from the violation or threatened violation and to take such 

15 action to prevent the violation or threatened violation. The 

16 Administration may apply for such order without regard 

17 to any limitation under section 373. 

18 ‘‘SEC. 377. COLLECTION. 

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

20 penalty— 

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

22 become a final order and such person has not timely 

23 filed a petition for judicial review of the order in ac24 cordance with section 373(f)(3) or if the order of the 

25 Administration is upheld after judicial review; or 


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

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

3 longer subject to appeal in favor of the Administra4 tion, 

5 the Attorney General shall recover the amount assessed 

6 (plus interest at currently prevailing rates from the date 

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

8 373(f)(3) or the date of such final judgment, as the case 

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

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

11 amount, and appropriateness of such penalty shall not be 

12 subject to review. 

13 ‘‘SEC. 378. CONFIDENTIALITY. 

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

15 GROUNDS.—Any proceedings conducted by the Adminis16 tration prior to a finding that there are reasonable 

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

18 is about to occur, including any investigation pursuant to 

19 section 371 or pursuant to a complaint filed under section 

20 372, shall be confidential and none of the Administration’s 

21 records concerning the complaint shall be made public, ex22 cept that the person filing a complaint pursuant to section 

23 372 is permitted to make such complaint public. 

24 ‘‘(b) AFTER A FINDING OF REASONABLE

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


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1 Administration makes a finding pursuant to section 371 

2 or 372 that there are reasonable grounds to believe that 

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

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

5 as any complaint filed under section 372, any notice 

6 of charges, and any answer or similar documents 

7 filed with the Administration shall be made public; 

8 and 

9 ‘‘(2) all proceedings conducted before an admin10 istrative law judge under section 373, and all docu11 ments used during such proceedings, shall be made 

12 public. 

13 ‘‘(c) AFTER DISMISSAL OF A COMPLAINT OR CON14 CLUSION OF PROCEEDINGS FOLLOWING A FINDING OF

15 REASONABLE GROUNDS.—Subject to subsection (d), fol16 lowing the Administration’s dismissal of a complaint filed 

17 under section 372 or the termination of proceedings fol18 lowing a finding of reasonable grounds under section 371 

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

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

21 public— 

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

23 any answer or similar documents filed with the Ad24 ministration (unless such information has already 

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


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1 ‘‘(2) any order setting forth the Administra2 tion’s final action on the complaint; 

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

4 in relation to the action; and 

5 ‘‘(4) all documentary materials and testimony 

6 constituting the record on which the Administration 

7 relied in taking its actions. 

8 Subject to subsection (d), the affirmative disclosure re9 quirement of this subsection is without prejudice to the 

10 right of any person to request and obtain records relating 

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

12 States Code. 

13 ‘‘(d) CONFIDENTIALITY OF RECORDS AND PRO14 CEEDINGS OTHERWISE SUBJECT TO DISCLOSURE.— 

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

16 issue regulations providing for the protection of in17 formation the disclosure of which under subsection 

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

19 protected right of privacy, freedom of speech, or 

20 freedom of association. The Administration shall 

21 also issue regulations addressing the application of 

22 exemptions from disclosure contained in section 552 

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

24 the Administration’s investigative files. Such regula25 tions shall consider the need to protect any person’s 


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1 constitutionally protected rights to privacy, freedom 

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

3 need to make information about the Administra4 tion’s activities and decisions widely accessible to the 

5 public. 

6 ‘‘(2) PETITION TO MAINTAIN CONFIDEN7 TIALITY.— 

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

9 be adversely affected by any disclosure of infor10 mation about the person made pursuant to sub11 section (b) or (c), or by the conduct in public 

12 of a hearing or other proceeding conducted pur13 suant to section 373, shall have the right to pe14 tition the Administration to maintain the con15 fidentiality of such information or such pro16 ceeding on the ground that such information 

17 falls within the scope of any exemption from 

18 disclosure contained in section 552 of title 5, 

19 United States Code, or is prohibited from dis20 closure under the Administration’s regulations, 

21 the Constitution, or any other provision of law. 

22 Upon the receipt of such petition, the Adminis23 tration shall make a prompt determination 

24 whether the information should be kept con25 fidential, and shall withhold such information 


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1 from disclosure pending this determination. The 

2 Administration shall notify the petitioner in 

3 writing of the determination. 

4 ‘‘(B) REGULATIONS.—The Administration 

5 shall prescribe regulations governing the consid6 eration of petitions under this paragraph. Such 

7 regulations shall provide for public notice of the 

8 pendancy of any petition filed under subpara9 graph (A) and the right of any interested party 

10 to respond to or comment on such petition. 

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

12 Administration, or any other person, who violates the pro13 visions of this section shall be fined not more than $2,000. 

14 Any such member, employee, or other person who know15 ingly and willfully violates the provisions of this section 

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

17 ‘‘SEC. 379. CRIMINAL PENALTIES. 

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

19 person who knowingly and willfully commits a violation of 

20 any provision of this Act that involves the making, receiv21 ing, or reporting of any contribution, donation, or expendi22 ture— 

23 ‘‘(1) aggregating $25,000 or more during a cal24 endar year shall be fined under title 18, United 


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1 States Code, or imprisoned for not more than 5 

2 years, or both; or 

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

4 $25,000) during a calendar year shall be fined under 

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

6 or both. 

7 ‘‘(b) CONTRIBUTIONS OR EXPENDITURES BY NA8 TIONAL BANKS, CORPORATIONS, OR LABOR ORGANIZA9 TIONS.—In the case of a knowing and willful violation of 

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

11 shall apply to each violation involving an amount aggre12 gating $250 or more during a calendar year. Such a viola13 tion of section 316(b)(3) may incorporate a violation of 

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

15 ‘‘(c) FRAUDULENT MISREPRESENTATION OF CAM16 PAIGN AUTHORITY.—In the case of a knowing and willful 

17 violation of section 322, the penalties set forth in sub18 section (a) shall apply without regard to whether the mak19 ing, receiving, or reporting of a contribution or expendi20 ture of $1,000 or more is involved. 

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

22 ANOTHER.—Any person who knowingly and willfully com23 mits a violation of section 320 involving an amount aggre24 gating more than $10,000 during a calendar year shall 

25 be— 


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

2 the amount is less than $25,000 and subject to im3 prisonment under subsection (a) if the amount is 

4 $25,000 or more; 

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

6 amount involved in the violation and not more than 

7 the greater of— 

8 ‘‘(A) $50,000; or 

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

10 in the violation; or 

11 ‘‘(3) both imprisoned as provided under para12 graph (1) and fined as provided under paragraph 

13 (2). 

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

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

16 INTENT.—In any criminal action brought for a viola17 tion of any provision of this Act or of chapter 95 or 

18 96 of the Internal Revenue Code of 1986, any de19 fendant may evidence their lack of knowledge or in20 tent to commit the alleged violation by introducing 

21 as evidence a conciliation agreement entered into be22 tween the defendant and the Administration under 

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

24 act or failure to act constituting such violation and 

25 which is still in effect. 


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

2 criminal action brought for a violation of any provi3 sion of this Act or of chapter 95 or 96 of the Inter4 nal Revenue Code of 1986, the court before which 

5 such action is brought shall take into account, in 

6 weighing the seriousness of the violation and in con7 sidering the appropriateness of the penalty to be im8 posed if the defendant is found guilty, whether— 

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

10 constitutes the violation for which the action 

11 was brought is the subject of a conciliation 

12 agreement entered into between the defendant 

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

14 ‘‘(B) the conciliation agreement is in ef15 fect; and 

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

17 violation involved, in compliance with the concil18 iation agreement. 

19 ‘‘SEC. 380. PERIOD OF LIMITATIONS. 

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

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

22 or the information is instituted within 5 years after the 

23 date of the violation. 


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1 ‘‘SEC. 381. AUTHORIZATION OF APPROPRIATIONS. 

2 ‘‘For each fiscal year, there are authorized to be ap3 propriated to the Administration such sums as may be 

4 necessary for the purpose of carrying out its functions 

5 under this Act and under chapters 95 and 96 of the Inter6 nal Revenue Code of 1986.’’. 

7 SEC. 1312. EXECUTIVE SCHEDULE POSITIONS. 

8 (a) EXECUTIVE SCHEDULE LEVEL III POSITION.— 

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

10 by adding at the end the following: 

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

12 (b) EXECUTIVE SCHEDULE LEVEL IV POSITIONS.— 

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

14 by adding at the end the following: 

15 ‘‘Members (other than the Chair), Federal Elec16 tion Administration. 

17 ‘‘Inspector General, Federal Election Adminis18 tration.’’. 

19 SEC. 1313. GAO EXAMINATION OF ENFORCEMENT OF CAM20 PAIGN FINANCE LAWS BY THE DEPARTMENT 

21 OF JUSTICE. 

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

23 United States shall conduct a thorough examination of the 

24 enforcement of the criminal provisions of the Federal 

25 Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) 


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

2 1986 by the Attorney General. 

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

4 of enactment of this Act, the Comptroller General shall 

5 submit to the Attorney General and Congress a report on 

6 the examination conducted under subsection (a) together 

7 with recommendations on how the Attorney General may 

8 improve the enforcement of the criminal provisions of the 

9 Federal Election Campaign Act of 1971 (52 U.S.C. 30101 

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

11 Code of 1986, including recommendations on the re12 sources that the Attorney General would require to effec13 tively enforce such criminal provisions. 

14 SEC. 1314. GAO STUDY AND REPORT ON APPROPRIATE 

15 FUNDING LEVELS. 

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

17 States shall conduct an ongoing study on the level of fund18 ing that constitutes an adequate level of resources for the 

19 Federal Election Administration to competently execute 

20 the responsibilities imposed on the Administration by this 

21 Act and the amendments made by this Act. 

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

23 of enactment of this Act, and once every 2 years there24 after, the Comptroller General shall submit to the Director 

25 of the Office of Management and Budget and Congress 


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1 a report on the study conducted under subsection (a) to2 gether with recommendations for such legislation and ad3 ministrative action as the Comptroller General determines 

4 to be appropriate. 

5 SEC. 1315. CONFORMING AMENDMENTS. 

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

7 United States Code, is amended— 

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

9 the semicolon; 

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

11 inserting ‘‘; and’’; and 

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

13 paragraph: 

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

15 (b) COVERAGE UNDER INSPECTOR GENERAL ACT.— 

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

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

18 Commission’’ and inserting ‘‘Federal Election Administra19 tion’’. 

20 (c) COVERAGE OF PERSONNEL UNDER HATCH

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

22 amended— 

23 (1) in paragraph (1), by striking ‘‘Federal Elec24 tion Commission’’ and inserting ‘‘Federal Election 

25 Administration’’; and 


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1 (2) in paragraph (2)(B)(i)(I), by striking ‘‘Fed2 eral Election Commission’’ and inserting ‘‘Federal 

3 Election Administration’’. 

4 (d) REMOVAL OF EXCLUSION FROM SENIOR EXECU5 TIVE SERVICE.—Section 3132(a)(1) of title 5, United 

6 States Code, is amended by striking subparagraph (C) and 

7 by redesignating subparagraphs (D), (E), and (F) as sub8 paragraphs (C), (D), and (E), respectively. 

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

10 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

11 amended by inserting before section 301 the following: 

12 ‘‘Subtitle A—General Provisions’’. 

13 PART II—TRANSITION PROVISIONS 

14 SEC. 1321. TRANSFER OF FUNCTIONS OF FEDERAL ELEC15 TION COMMISSION. 

16 There are transferred to the Federal Election Admin17 istration established under section 351 of the Federal 

18 Election Campaign Act of 1971 (as added by section 

19 1311) all functions that the Federal Election Commission 

20 exercised before the date described in section 1326(a). 

21 SEC. 1322. TRANSFER OF PROPERTY, RECORDS, AND PER22 SONNEL. 

23 (a) PROPERTY AND RECORDS.—The contracts, liabil24 ities, records, property, and other assets and interests of, 

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1 tions of the Federal Election Commission which are trans2 ferred by this title are transferred to the Federal Election 

3 Administration. 

4 (b) PERSONNEL.—The personnel employed in con5 nection with the offices and functions of the Federal Elec6 tion Commission which are transferred by this title are 

7 transferred to the Federal Election Administration. 

8 SEC. 1323. REPEALS. 

9 (a) PROVISIONS OF THE FEDERAL ELECTION CAM10 PAIGN ACT OF 1971.—The following provisions of the 

11 Federal Election Campaign Act of 1971 are repealed: 

12 (1) Section 306 (52 U.S.C. 30106). 

13 (2) Section 307 (52 U.S.C. 30107). 

14 (3) Section 308 (52 U.S.C. 30108). 

15 (4) Section 309 (52 U.S.C. 30109). 

16 (5) Section 310 (52 U.S.C. 30110). 

17 (6) Section 311 (52 U.S.C. 30111). 

18 (7) Section 314 (52 U.S.C. 30115). 

19 (8) Section 406 (52 U.S.C. 30145). 

20 (b) OTHER PROVISIONS.—Section 403 of the Bipar21 tisan Campaign Reform Act of 2002 (52 U.S.C. 30110 

22 note) is repealed. 

23 SEC. 1324. CONFORMING AMENDMENTS. 

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

25 of 1971 (52 U.S.C. 30101 et seq.) is amended— 


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

2 and inserting the following: 

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

4 Election Administration.’’; 

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

6 and inserting ‘‘Administration’’ each place it ap7 pears; and 

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

9 ‘‘Administration’’ each place it appears. 

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

11 Code, is amended by striking ‘‘Federal Election Commis12 sion’’ and inserting ‘‘Federal Election Administration’’. 

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

14 Code, is amended by striking ‘‘the Federal Election Com15 mission by a former officer or employee of the Federal 

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

17 Administration by a former officer or employee of the Fed18 eral Election Commission or the Federal Election Admin19 istration’’. 

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

21 1978 (5 U.S.C. App.) is amended— 

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

23 Election Commission’’ and inserting ‘‘the Federal 

24 Election Administration’’; and 


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

2 Election Commission’’ and inserting ‘‘the Federal 

3 Election Administration’’. 

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

5 of 1986 is amended to read as follows: 

6 ‘‘(3) The term ‘Administration’ means the Fed7 eral Election Administration established under sec8 tion 351 of the Federal Election Campaign Act of 

9 1971.’’. 

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

11 is amended by striking ‘‘Commission’’ and inserting ‘‘Ad12 ministration’’ each place it appears. 

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

14 of 1986 is amended to read as follows: 

15 ‘‘(3) The term ‘Administration’ means the Fed16 eral Election Administration established under sec17 tion 351 of the Federal Election Campaign Act of 

18 1971.’’. 

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

20 is amended by striking ‘‘Commission’’ and inserting ‘‘Ad21 ministration’’ each place it appears. 

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

23 Elderly and Handicapped Act (52 U.S.C. 20102(c)) is 

24 amended— 

25 (1) in paragraph (1)— 


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1 (A) by striking ‘‘Federal Election Commis2 sion’’ and inserting ‘‘Federal Election Adminis3 tration’’; and 

4 (B) by striking ‘‘Commission’’ and insert5 ing ‘‘Administration’’; and 

6 (2) in paragraph (2), by striking ‘‘Federal Elec7 tion Commission’’ and inserting ‘‘Federal Election 

8 Administration’’. 

9 (h) Section 6(a)(9) of the Lobbying Disclosure Act 

10 1995 (2 U.S.C. 1605(a)(9)) is amended by striking ‘‘the 

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

12 Election Administration’’. 

13 SEC. 1325. TREATMENT OF CERTAIN REGULATIONS. 

14 (a) REGULATIONS ON DISCLOSURE OF ELECTION15 EERING COMMUNICATIONS.— 

16 (1) IN GENERAL.—Effective on the date that is 

17 90 days after enactment of this Act, the regulations 

18 on disclosure of electioneering communications 

19 adopted by the Federal Election Commission and 

20 published in the Federal Register at page 419 of vol21 ume 68 on January 3, 2003, and at page 5057 of 

22 volume 68 on January 31, 2003, as amended at 

23 page 72913 of volume 72 on December 26, 2007, 

24 are repealed. 


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1 (2) NEW REGULATIONS.—Not later than 90 

2 days after the date of the enactment of this Act, the 

3 Federal Election Commission shall promulgate new 

4 regulations on disclosure of electioneering commu5 nications under section 304(f) of the Federal Elec6 tion Campaign Act of 1971 (52 U.S.C. 30104(f)). 

7 The regulations promulgated under this paragraph 

8 shall require the disclosure of the identification of all 

9 persons who make a contribution to a person who 

10 makes an electioneering communication and shall 

11 not limit such disclosure to only to persons who 

12 make contributions for the purpose of furthering 

13 electioneering communications, or any similar limita14 tion on the scope of such disclosure. 

15 (b) REGULATIONS ON SOLICITATIONS AT NON-FED16 ERAL FUNDRAISING EVENTS.— 

17 (1) IN GENERAL.—Effective on the date that is 

18 90 days after the date of the enactment of this Act, 

19 the regulations on participation by Federal can20 didates and officeholders at non-Federal fundraising 

21 events adopted by the Federal Election Commission 

22 and published in the Federal Register at page 24383 

23 of volume 75 on May 5, 2010, are repealed. 

24 (2) NEW REGULATIONS.—Not later than 90 

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1 tion Commission shall promulgate new regulations 

2 on participation by Federal candidates and office3 holders in non-Federal fundraising events. The regu4 lations shall limit the participation by Federal can5 didates and officeholders in such events to attend6 ing, speaking, or being a featured guest at a fund7 raising event for a State, district, or local committee 

8 of a political party, and shall not allow Federal can9 didates and officeholders to participate in or solicit 

10 funds at any other fundraising event where non-Fed11 eral funds are raised. 

12 SEC. 1326. EFFECTIVE DATE. 

13 (a) IN GENERAL.—Except as provided in section 

14 1325, this subtitle and the amendments made by this sub15 title shall take effect on the date that is 6 months after 

16 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). 


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1 TITLE II—LOBBYING REFORM 

2 Subtitle A—Member Ban on 

3 Lobbying 

4 SEC. 2101. LIFETIME BAN ON MEMBERS OF CONGRESS 

5 FROM LOBBYING. 

6 (a) IN GENERAL.—Section 207(e)(1) of title 18, 

7 United States Code, is amended to read as follows: 

8 ‘‘(1) MEMBERS OF CONGRESS.—Any person 

9 who is a Senator, a Member of the House of Rep10 resentatives, or an elected officer of the Senate or 

11 the House of Representatives and who, after that 

12 person leaves office, knowingly makes, with the in13 tent to influence, any communication to or appear14 ance before any Member, officer, or employee of ei15 ther House of Congress or any employee of any 

16 other legislative office of the Congress, on behalf of 

17 any other person (except the United States) in con18 nection with any matter on which such former Sen19 ator, Member, or elected official seeks action by a 

20 Member, officer, or employee of either House of 

21 Congress, in his or her official capacity, shall be 

22 punished as provided in section 216 of this title.’’. 

23 (b) CONFORMING AMENDMENT.—Section 207(e)(2) 

24 of title 18, United States Code, is amended— 


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1 (1) in the heading, by striking ‘‘OFFICERS AND

2 STAFF’’ and inserting ‘‘STAFF’’; 

3 (2) by striking ‘‘an elected officer of the Senate, 

4 or’’; 

5 (3) by striking ‘‘leaves office or employment’’ 

6 and inserting ‘‘leaves employment’’; and 

7 (4) by striking ‘‘former elected officer or’’. 

8 Subtitle B—Close the 20-Percent 

9 Lobbying Loophole 

10 SEC. 2201. LOBBYIST REGISTRATION REFORMS. 

11 Section 3(10) of the Lobbying Disclosure Act of 1995 

12 (2 U.S.C. 1602(10)) is amended by striking ‘‘contact, 

13 other than’’ and all that follows through ‘‘3-month pe14 riod.’’ and inserting ‘‘contact over a 2-year period.’’. 

15 TITLE III—REVOLVING DOOR 

16 REFORM 

17 SEC. 3001. SHORT TITLE. 

18 This title may be cited as the ‘‘Financial Services 

19 Conflict of Interest Act’’. 

20 SEC. 3002. RESTRICTIONS ON PRIVATE SECTOR PAYMENT 

21 FOR GOVERNMENT SERVICE. 

22 Section 209 of title 18, United States Code, is 

23 amended— 

24 (1) in subsection (a)— 


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1 (A) by striking ‘‘any salary’’ and inserting 

2 ‘‘any bonus, salary’’; and 

3 (B) by striking ‘‘his services’’ and inserting 

4 ‘‘services rendered or to be rendered’’; and 

5 (2) in subsection (b)— 

6 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 

7 (B) by adding at the end the following: 

8 ‘‘(2) For purposes of paragraph (1), a pension, retire9 ment, group life, health or accident insurance, profit-shar10 ing, stock bonus, or other employee welfare or benefit plan 

11 that makes payment of compensation contingent on ac12 cepting a position in the Federal Government shall not 

13 be considered bona fide. 

14 ‘‘(3) For purposes of paragraph (2), compensation in15 cludes a retention award or bonus, severance pay, and any 

16 other payment linked to future service in the Federal Gov17 ernment in any way.’’. 

18 SEC. 3003. REQUIREMENTS RELATING TO SLOWING THE RE19 VOLVING DOOR AMONG FINANCIAL SERVICES 

20 REGULATORS. 

21 (a) IN GENERAL.—The Ethics in Government Act of 

22 1978 (5 U.S.C. App.) is amended by adding at the end 

23 the following: 


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1 ‘‘TITLE VI—SPECIAL REQUIRE2 MENTS FOR FINANCIAL SERV3 ICES REGULATORS 

4 ‘‘SEC. 601. DEFINITIONS. 

5 ‘‘(a) IN GENERAL.—In this title, the terms ‘des6 ignated agency ethics official’ and ‘executive branch’ have 

7 the meanings given such terms under section 109. 

8 ‘‘(b) OTHER DEFINITIONS.—In this title: 

9 ‘‘(1) COVERED FINANCIAL SERVICES AGENCY.— 

10 The term ‘covered financial services agency’— 

11 ‘‘(A) means a primary financial regulatory 

12 agency (as defined in section 2 of the Dodd13 Frank Wall Street Reform and Consumer Pro14 tection Act (12 U.S.C. 5301)); and 

15 ‘‘(B) includes— 

16 ‘‘(i) the Board of Governors of the 

17 Federal Reserve System; 

18 ‘‘(ii) the Office of the Comptroller of 

19 the Currency; 

20 ‘‘(iii) the Federal Deposit Insurance 

21 Corporation; 

22 ‘‘(iv) the National Credit Union Ad23 ministration; 

24 ‘‘(v) the Securities and Exchange 

25 Commission; 


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1 ‘‘(vi) the Federal Housing Finance 

2 Agency; 

3 ‘‘(vii) the Bureau of Consumer Finan4 cial Protection; 

5 ‘‘(viii) the Commodity Futures Trad6 ing Commission; and 

7 ‘‘(ix) the Department of the Treasury. 

8 ‘‘(2) COVERED FINANCIAL SERVICES REGU9 LATOR.—The term ‘covered financial services regu10 lator’ means an officer or employee of a covered fi11 nancial services agency who occupies— 

12 ‘‘(A) a supervisory position classified above 

13 GS–15 of the General Schedule; 

14 ‘‘(B) in the case of a position not under 

15 the General Schedule, a supervisory position for 

16 which the rate of basic pay is not less than 120 

17 percent of the minimum rate of basic pay for 

18 GS–15 of the General Schedule; or 

19 ‘‘(C) any other supervisory position deter20 mined to be of equal classification by the Direc21 tor of the Office of Government Ethics. 

22 ‘‘(3) FORMER CLIENT.—The term ‘former cli23 ent’— 

24 ‘‘(A) means a person for whom a covered 

25 financial services regulator served personally as 


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1 an agent, attorney, or consultant during the 2- 

2 year period ending on the date (after such serv3 ice) on which the covered financial services reg4 ulator begins service in the Federal Govern5 ment; and 

6 ‘‘(B) does not include— 

7 ‘‘(i) instances in which the service 

8 provided was limited to a speech or similar 

9 appearance; or 

10 ‘‘(ii) a client of the former employer 

11 of the covered financial services regulator 

12 to whom the covered financial services reg13 ulator did not personally provide such serv14 ices. 

15 ‘‘(4) FORMER EMPLOYER.—The term ‘former 

16 employer’— 

17 ‘‘(A) means a person for whom a covered 

18 financial services regulator served as an em19 ployee, officer, director, trustee, or general part20 ner during the 2-year period ending on the date 

21 (after such service) on which the covered finan22 cial services regulator begins service in the Fed23 eral Government; and 

24 ‘‘(B) does not include— 


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1 ‘‘(i) an entity in the Federal Govern2 ment, including an executive branch agen3 cy; 

4 ‘‘(ii) a State or local government; 

5 ‘‘(iii) the District of Columbia; 

6 ‘‘(iv) an Indian tribe, as defined in 

7 section 4 of the Indian Self-Determination 

8 and Education Assistance Act (25 U.S.C. 

9 450b); or 

10 ‘‘(v) the government of a territory or 

11 possession of the United States. 

12 ‘‘SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY 

13 STANDARDS FOR FINANCIAL SERVICES REG14 ULATORS. 

15 ‘‘(a) IN GENERAL.—A covered financial services reg16 ulator shall not make, participate in making, or in any 

17 way attempt to use the official position of the covered fi18 nancial services regulator to influence a particular matter 

19 that provides a direct and substantial pecuniary benefit 

20 for a former employer or former client of the covered fi21 nancial services regulator. 

22 ‘‘(b) RECUSAL.—A covered financial services regu23 lator shall recuse himself or herself from any official ac24 tion that would violate subsection (a). 

25 ‘‘(c) WAIVER.— 


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1 ‘‘(1) IN GENERAL.—The head of the covered fi2 nancial services agency employing a covered financial 

3 services regulator, in consultation with the Director 

4 of the Office of Government Ethics, may grant a 

5 written waiver of the restrictions under subsection 

6 (a) if, and to the extent that, the head of the cov7 ered financial services agency certifies in writing 

8 that— 

9 ‘‘(A) the application of the restriction to 

10 the particular matter is inconsistent with the 

11 purposes of the restriction; or 

12 ‘‘(B) it is in the public interest to grant 

13 the waiver. 

14 ‘‘(2) PUBLICATION.—The Director of the Office 

15 of Government Ethics shall make each waiver under 

16 paragraph (1) publicly available on the Web site of 

17 the Office of Government Ethics. 

18 ‘‘SEC. 603. NEGOTIATING FUTURE PRIVATE SECTOR EM19 PLOYMENT. 

20 ‘‘(a) PROHIBITION.—Except as provided in sub21 section (c), and notwithstanding any other provision of 

22 law, a covered financial services regulator may not partici23 pate in any particular matter which involves, to the knowl24 edge of the covered financial services regulator, an indi25 vidual or entity with whom the covered financial services 


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1 regulator is in negotiations of future employment or has 

2 an arrangement concerning prospective employment. 

3 ‘‘(b) DISCLOSURE OF EMPLOYMENT NEGOTIA4 TIONS.— 

5 ‘‘(1) IN GENERAL.—If a covered financial serv6 ices regulator begins any negotiations of future em7 ployment with another person, or an agent or inter8 mediary of another person, or other discussion or 

9 communication with another person, or an agent or 

10 intermediary of another person, mutually conducted 

11 with a view toward reaching an agreement regarding 

12 possible employment of the covered financial services 

13 regulator, the covered financial services regulator 

14 shall notify the designated agency ethics official of 

15 the covered financial services agency employing the 

16 covered financial services regulator regarding the ne17 gotiations, discussions, or communications. 

18 ‘‘(2) INFORMATION.—A designated agency eth19 ics official receiving notice under paragraph (1), 

20 after consultation with the Director of the Office of 

21 Government Ethics, shall inform the covered finan22 cial services regulator of any potential conflicts of 

23 interest involved in any negotiations, discussions, or 

24 communications with the other person and the pro25 hibitions applicable. 


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1 ‘‘(c) WAIVERS ONLY WHEN EXCEPTIONAL CIR2 CUMSTANCES EXIST.— 

3 ‘‘(1) IN GENERAL.—The head of a covered fi4 nancial services agency may only grant a waiver of 

5 subsection (a) if the head determines that excep6 tional circumstances exist. 

7 ‘‘(2) REVIEW AND PUBLICATION.—For any 

8 waiver granted under paragraph (1), the Director of 

9 the Office of Government Ethics shall— 

10 ‘‘(A) review the circumstances relating to 

11 the waiver and the determination that excep12 tional circumstances exist; and 

13 ‘‘(B) make the waiver publicly available on 

14 the Web site of the Office of Government Eth15 ics, which shall include— 

16 ‘‘(i) the name of the private person or 

17 persons involved in the negotiations or ar18 rangement concerning prospective employ19 ment; and 

20 ‘‘(ii) the date on which the negotia21 tions or arrangements commenced. 

22 ‘‘(d) SCOPE.—For purposes of this section, the term 

23 ‘negotiations of future employment’ is not limited to dis24 cussions of specific terms or conditions of employment in 

25 a specific position. 


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1 ‘‘SEC. 604. RECORDKEEPING. 

2 ‘‘The Director of the Office of Government Ethics 

3 shall— 

4 ‘‘(1) receive all employment histories, recusal 

5 and waiver records, and other disclosure records for 

6 covered executive branch officials necessary for mon7 itoring compliance to this title; 

8 ‘‘(2) promulgate rules and regulations, in con9 sultation with the Director of the Office of Per10 sonnel Management and the Attorney General, for 

11 implementation of this title; 

12 ‘‘(3) provide guidance and assistance where ap13 propriate to facilitate compliance with this title; 

14 ‘‘(4) review and, where necessary, assist des15 ignated agency ethics officers in providing advice to 

16 covered financial services regulators regarding com17 pliance with this title; and 

18 ‘‘(5) if the Director determines that a violation 

19 of this title may have occurred, and in consultation 

20 with the designated agency ethics officer and the 

21 Counsel to the President, refer the compliance case 

22 to the United States Attorney for the District of Co23 lumbia for enforcement action. 

24 ‘‘SEC. 605. PENALTIES AND INJUNCTIONS. 

25 ‘‘(a) CRIMINAL PENALTIES.— 


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1 ‘‘(1) IN GENERAL.—Any person who violates 

2 section 602 or 603 shall be fined under title 18, 

3 United States Code, imprisoned for not more than 

4 1 year, or both. 

5 ‘‘(2) WILLFUL VIOLATIONS.—Any person who 

6 willfully violates section 602 or 603 shall be fined 

7 under title 18, United States Code, imprisoned for 

8 not more than 5 years, or both. 

9 ‘‘(b) CIVIL ENFORCEMENT.— 

10 ‘‘(1) IN GENERAL.—The Attorney General may 

11 bring a civil action in the appropriate United States 

12 district court against any person who violates, or 

13 who the Attorney General has reason to believe is 

14 engaging in conduct that violates, section 602 or 

15 603. 

16 ‘‘(2) CIVIL PENALTY.— 

17 ‘‘(A) IN GENERAL.—Upon proof by a pre18 ponderance of the evidence that a person vio19 lated section 602 or 603, the court shall impose 

20 a civil penalty of not more than the greater 

21 of— 

22 ‘‘(i) $100,000 for each violation; or 

23 ‘‘(ii) the amount of compensation the 

24 person received or was offered for the con25 duct constituting the violation. 


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1 ‘‘(B) RULE OF CONSTRUCTION.—A civil 

2 penalty under this subsection shall be in addi3 tion to any other criminal or civil statutory, 

4 common law, or administrative remedy, avail5 able to the United States or any other person. 

6 ‘‘(3) INJUNCTIVE RELIEF.— 

7 ‘‘(A) IN GENERAL.—In a civil action 

8 brought under paragraph (1) against a person, 

9 the Attorney General may petition the court for 

10 an order prohibiting the person from engaging 

11 in conduct that violates section 602 or 603. The 

12 court may issue such an order if the court finds 

13 by a preponderance of the evidence that the 

14 conduct of the person violates section 602 or 

15 603. 

16 ‘‘(B) RULE OF CONSTRUCTION.—The filing 

17 of a petition seeking injunctive relief under this 

18 paragraph shall not preclude any other remedy 

19 which is available by law to the United States 

20 or any other person.’’. 

21 SEC. 3004. PROHIBITION OF PROCUREMENT OFFICERS AC22 CEPTING EMPLOYMENT FROM GOVERNMENT 

23 CONTRACTORS. 

24 (a) EXPANSION OF PROHIBITION ON ACCEPTANCE

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1 TRACTORS.—Section 2104 of title 41, United States Code, 

2 is amended— 

3 (1) in subsection (a)— 

4 (A) in the matter preceding paragraph 

5 (1)— 

6 (i) by striking ‘‘or consultant’’ and in7 serting ‘‘consultant, lawyer, or lobbyist’’; 

8 and 

9 (ii) by striking ‘‘one year’’ and insert10 ing ‘‘2 years’’; and 

11 (B) in paragraph (3), by striking ‘‘person12 ally made for the Federal agency’’ and inserting 

13 ‘‘participated personally and substantially in’’; 

14 and 

15 (2) by amending subsection (b) to read as fol16 lows: 

17 ‘‘(b) PROHIBITION ON COMPENSATION FROM AFFILI18 ATES AND SUBCONTRACTORS.—A former official respon19 sible for a Government contract referred to in paragraph 

20 (1), (2), or (3) of subsection (a) shall be prohibited from 

21 accepting compensation for two years after awarding such 

22 contract from any division, affiliate, or subcontractor of 

23 the contractor.’’. 

24 (b) REQUIREMENT FOR PROCUREMENT OFFICERS

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1 ATIVES.—Section 2103(a) of title 41, United States Code, 

2 is amended in the matter preceding paragraph (1) by in3 serting after ‘‘that official’’ the following: ‘‘, or for a rel4 ative (as defined in section 3110 of title 5) of that offi5 cial,’’. 

6 (c) REQUIREMENT ON AWARD OF GOVERNMENT

7 CONTRACTS TO FORMER EMPLOYERS.— 

8 (1) IN GENERAL.—Chapter 21 of title 41, 

9 United States Code, is amended by adding at the 

10 end the following: 

11 ‘‘§ 2108. Prohibition on involvement by certain 

12 former contractor employees in procure13 ments 

14 ‘‘An employee of the Federal Government may not 

15 be personally and substantially involved with any award 

16 of a contract to, or the administration of a contract award17 ed to, a contractor that is a former employer of the em18 ployee during the 2-year period beginning on the date on 

19 which the employee leaves the employment of the con20 tractor.’’. 

21 (2) TECHNICAL AND CONFORMING AMEND22 MENT.—The table of sections for chapter 21 of title 

23 41, United States Code, is amended by adding at 

24 the end the following: 

‘‘2108. Prohibition on involvement by certain former contractor employees in 

procurements.’’. 


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1 (d) REGULATIONS.—The Administrator for Federal 

2 Procurement Policy and the Director of the Office of Man3 agement and Budget shall— 

4 (1) in consultation with the Director of the Of5 fice of Personnel Management and the Counsel to 

6 the President, promulgate regulations to carry out 

7 and ensure the enforcement of chapter 21 of title 

8 41, United States Code, as amended by this section; 

9 and 

10 (2) in consultation with designated agency eth11 ics officers (as defined under section 601 of the Eth12 ics in Government Act of 1978 (5 U.S.C. App.)), 

13 monitor compliance with such chapter by individuals 

14 and agencies. 

15 SEC. 3005. REVOLVING DOOR RESTRICTIONS ON FINANCIAL 

16 SERVICES REGULATORS MOVING INTO THE 

17 PRIVATE SECTOR. 

18 (a) IN GENERAL.—Section 207 of title 18, United 

19 States Code, is amended— 

20 (1) by redesignating subsections (e) through (l) 

21 as subsections (f) through (m), respectively; and 

22 (2) by inserting after subsection (d) the fol23 lowing: 

24 ‘‘(e) RESTRICTIONS ON EMPLOYMENT FOR FINAN25 CIAL SERVICES REGULATORS.— 


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1 ‘‘(1) IN GENERAL.—In addition to the restric2 tions set forth in subsections (a), (b), (c), and (d), 

3 a covered financial services regulator shall not— 

4 ‘‘(A) during the 2-year period beginning on 

5 the date his or her employment as a covered fi6 nancial services regulator ceases— 

7 ‘‘(i) knowingly act as agent or attor8 ney for, or otherwise represent, any other 

9 person for compensation (except the 

10 United States) in any formal or informal 

11 appearance before; 

12 ‘‘(ii) with the intent to influence, 

13 make any oral or written communication 

14 on behalf of any other person (except the 

15 United States) to; or 

16 ‘‘(iii) knowingly aid, advise, or assist 

17 in— 

18 ‘‘(I) representing any other per19 son (except the United States) in any 

20 formal or informal appearance before; 

21 or 

22 ‘‘(II) making, with the intent to 

23 influence, any oral or written commu24 nication on behalf of any other person 

25 (except the United States) to, 


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1 any court of the United States, or any officer 

2 or employee thereof, in connection with any ju3 dicial or other proceeding, which was actually 

4 pending under his or her official responsibility 

5 as a covered financial services regulator during 

6 the 1-year period ending on the date his or her 

7 employment as a covered financial services reg8 ulator ceases or in which he or she participated 

9 personally and substantially as a covered finan10 cial services regulator; or 

11 ‘‘(B) during the 2-year period beginning on 

12 the date his or her employment as a covered fi13 nancial services regulator ceases— 

14 ‘‘(i) knowingly act as a lobbyist or 

15 agent for, or otherwise represent, any 

16 other person for compensation (except the 

17 United States) in any formal or informal 

18 appearance before; 

19 ‘‘(ii) with the intent to influence, 

20 make any oral or written communication 

21 or conduct any lobbying activities on behalf 

22 of any other person (except the United 

23 States) to; or 

24 ‘‘(iii) knowingly aid, advise, or assist 

25 in— 


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1 ‘‘(I) representing any other per2 son (except the United States) in any 

3 formal or informal appearance before; 

4 or 

5 ‘‘(II) making, with the intent to 

6 influence, any oral or written commu7 nication or conduct any lobbying ac8 tivities on behalf of any other person 

9 (except the United States) to, 

10 any department or agency of the executive 

11 branch or Congress (including any committee of 

12 Congress), or any officer or employee thereof, 

13 in connection with any matter which is pending 

14 before the department, agency, or Congress. 

15 ‘‘(2) PENALTY.—Any person who violates para16 graph (1) shall be punished as provided in section 

17 216. 

18 ‘‘(3) DEFINITIONS.—In this subsection— 

19 ‘‘(A) the term ‘covered financial services 

20 regulator’ has the meaning given that term 

21 under section 601 of the Ethics in Government 

22 Act of 1978 (5 U.S.C. App.); and 

23 ‘‘(B) the terms ‘lobbyist’ and ‘lobbying ac24 tivities’ have the meanings given such terms in 


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1 section 3 of the Lobbying Disclosure Act of 

2 1995 (2 U.S.C. 1602).’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 (1) Section 103(a) of the Honest Leadership 

5 and Open Government Act of 2007 (2 U.S.C. 

6 4702(a)) is amended by striking ‘‘section 207(e)’’ 

7 each place it appears and inserting ‘‘section 207(f)’’. 

8 (2) Section 207 of title 18, United States Code, 

9 as amended by subsection (a), is amended— 

10 (A) in subsection (g), as so redesignated, 

11 by striking ‘‘or (e)’’ and inserting ‘‘or (f)’’; 

12 (B) in subsection (j)(1)(B), as so redesig13 nated, by striking ‘‘subsection (f)’’ and insert14 ing ‘‘subsection (g)’’; and 

15 (C) in subsection (k), as so redesignated— 

16 (i) in paragraph (2), in the matter 

17 preceding subparagraph (A), by striking 

18 ‘‘and (e)’’ and inserting ‘‘(e), and (f)’’; 

19 (ii) in paragraph (4), by striking ‘‘and 

20 (e)’’ and inserting ‘‘(e), and (f)’’; and 

21 (iii) in paragraph (7)— 

22 (I) in subparagraph (A), by strik23 ing ‘‘and (e)’’ and inserting ‘‘(e), and 

24 (f)’’; and 


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1 (II) in subparagraph (B)(ii), in 

2 the matter preceding subclause (I), by 

3 striking ‘‘subsections (c), (d), or (e)’’ 

4 and inserting ‘‘subsection (c), (d), (e), 

5 or (f)’’. 

6 (3) Section 141(b)(3) of the Trade Act of 1974 

7 (19 U.S.C. 2171(b)(3)) is amended by striking ‘‘sec8 tion 207(f)(3)’’ and inserting ‘‘207(g)(3)’’. 

9 (4) Section 7802(b)(3)(B) of the Internal Rev10 enue Code of 1986 is amended by striking ‘‘and (f) 

11 of section 207’’ and inserting ‘‘and (g) of section 

12 207’’. 

13 (5) Section 106(p)(6)(I)(ii) of title 49, United 

14 States Code, is amended by striking ‘‘and (f) of sec15 tion 207’’ and inserting ‘‘and (g) of section 207’’. 

16 SEC. 3006. RESTRICTIONS ON FEDERAL EXAMINERS AND 

17 SUPERVISORS OF FINANCIAL INSTITUTIONS. 

18 (a) IN GENERAL.—Section 10(k) of the Federal De19 posit Insurance Act (12 U.S.C. 1820(k)) is amended— 

20 (1) in the subsection heading— 

21 (A) by striking ‘‘One-Year’’ and inserting 

22 ‘‘Two-Year’’; and 

23 (B) by striking ‘‘Examiners’’ and inserting 

24 ‘‘Examiners and Supervisors’’; 

25 (2) in paragraph (1)— 


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1 (A) by striking subparagraph (B) and in2 serting the following: 

3 ‘‘(B) served— 

4 ‘‘(i) not less than 2 months during the 

5 final 12 months of the employment of the 

6 person with such agency or entity as the 

7 senior examiner (or a functionally equiva8 lent position) of a depository institution or 

9 depository institution holding company 

10 with continuing, broad responsibility for 

11 the examination (or inspection) of that de12 pository institution or depository institu13 tion holding company on behalf of the rel14 evant agency or Federal reserve bank; or 

15 ‘‘(ii) as a supervisor of the senior ex16 aminer with responsibility for managing 

17 the oversight of not more than 5 deposi18 tory institutions or depository institution 

19 holding companies on behalf of the rel20 evant agency or Federal reserve bank; 

21 and’’; and 

22 (B) in subparagraph (C)— 

23 (i) in the matter preceding clause (i), 

24 by striking ‘‘1 year’’ and inserting ‘‘2 

25 years’’; 


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1 (ii) in clause (i), by striking ‘‘or’’ and 

2 inserting a semicolon; 

3 (iii) in clause (ii), by striking the pe4 riod at the end and inserting a semicolon; 

5 and 

6 (iv) by adding at the end the fol7 lowing: 

8 ‘‘(iii) a business entity, firm, or asso9 ciation that represents the depository insti10 tution or depository institution holding 

11 company for compensation.’’; 

12 (3) by redesignating paragraphs (2) through 

13 (6) as paragraphs (3) through (7), respectively; 

14 (4) by inserting after paragraph (1) the fol15 lowing: 

16 ‘‘(2) APPLICATION OF PENALTIES FOR SUPER17 VISORS.—A supervisor of a large financial service 

18 regulatory agency or a supervisor of a senior exam19 iner shall be subject to the penalties described in 

20 paragraph (7) if the supervisor of the senior exam21 iner or the senior examiner knowingly accepts com22 pensation during the period beginning on the date 

23 on which the service of the supervisor or senior ex24 aminer is terminated and ending on the date that is 

25 2 years after the date on which the service on which 


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1 the service of the supervisor or senior examiner is 

2 terminated— 

3 ‘‘(A) as— 

4 ‘‘(i) an employee; 

5 ‘‘(ii) an officer; 

6 ‘‘(iii) a director; or 

7 ‘‘(iv) a consultant; and 

8 ‘‘(B) from— 

9 ‘‘(i) a depository institution; 

10 ‘‘(ii) a depository institution holding 

11 company that is designated by the Finan12 cial Stability Oversight Council as a sys13 temically important financial market utility 

14 under section 804 of the Payment, Clear15 ing, and Settlement Supervision Act of 

16 2010 (12 U.S.C. 5463); or 

17 ‘‘(iii) a business entity, firm, or asso18 ciation that represents an institution de19 scribed in clause (ii) for compensation.’’; 

20 (5) in paragraph (4), as so redesignated, by 

21 striking ‘‘or other company.’’ and inserting ‘‘or other 

22 company, firm, or association.’’; and 

23 (6) in the matter preceding clause (i) of sub24 paragraph (A) of paragraph (7), as so redesignated, 


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1 by striking ‘‘other company’’ and inserting ‘‘other 

2 company, firm, or association’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

4 Section 10(k) of the Federal Deposit Insurance Act (12 

5 U.S.C. 1820(k)) is amended— 

6 (1) in paragraph (1), by striking ‘‘paragraph 

7 (6)’’ and inserting ‘‘paragraph (7)’’; 

8 (2) in paragraph (5)(A), as so redesignated, by 

9 inserting ‘‘and paragraph (2)’’ before the period at 

10 the end; and 

11 (3) in paragraph (7), as so redesignated— 

12 (A) in subparagraph (A)— 

13 (i) by striking ‘‘subject to paragraph 

14 (1)’’ and inserting ‘‘subject to paragraph 

15 (1) or (2)’’; and 

16 (ii) by striking ‘‘paragraph (1)(C)’’ 

17 and inserting ‘‘paragraph (1)(C) or para18 graph (2)’’; and 

19 (B) in subparagraph (C)— 

20 (i) by striking ‘‘person described in 

21 paragraph (1)’’ and inserting ‘‘person de22 scribed in paragraph (1) or (2)’’; and 

23 (ii) by inserting ‘‘paragraph (2)’’ be24 fore the period at the end. 


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1 TITLE IV—SEVERABILITY 

2 SEC. 4001. SEVERABILITY. 

3 If any provision of this Act or amendment made by 

4 this Act, or the application of a provision or amendment 

5 to any person or circumstance, is held to be unconstitu6 tional, the remainder of this and amendments made by 

7 this Act, and the application of the provisions and amend8 ment to any person or circumstance, shall not be affected 

9 by the holding. 

Æ 


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