‘‘(9) to transmit to the President and to Con-
gress not later than June 1 of each year, a report 
which states in detail the activities of the Adminis-
tration in carrying out its duties under this Act, and 
which includes any recommendations for any legisla-
tive or other action the Administration considers ap-
propriate. 
‘‘SEC. 362. INDEPENDENT BUDGET REQUESTS AND LEGIS-
LATIVE PROPOSALS. 
‘‘(a) EXEMPTION FROM OMB OVERSIGHT.—When-
ever the Chair submits any budget estimate or request to 
the President or the Office of Management and Budget, 
the Chair shall concurrently transmit a copy of such esti-
mate or request to Congress. 
‘‘(b) AUTHORITY TO MAKE INDEPENDENT LEGISLA-
TIVE RECOMMENDATIONS.—Whenever the Administration 
submits any legislative recommendation, testimony, or 
comments on legislation requested by Congress or by any 
Member of Congress, to the President or the Office of 
Management and Budget, the Administration shall con-
currently transmit a copy thereof to Congress or to the 
Member requesting the same. No officer or agency of the 
United States shall have any authority to require the Ad-
ministration to submit its legislative recommendations, 
testimony, or comments on legislation, to any office or 
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agency of the United States for approval, comments, or 
review, prior to the submission of such recommendations, 
testimony, or comments to Congress. 
‘‘SEC. 363. ADVISORY OPINIONS. 
‘‘(a) REQUESTS FOR ADVISORY OPINIONS.— 
‘‘(1) IN
GENERAL.—Not later than 60 days 
after the Administration receives from a person a 
complete written request concerning the application 
of this Act, chapter 95 or 96 of the Internal Rev-
enue Code of 1986, or a rule or regulation pre-
scribed by the Administration, with respect to a spe-
cific transaction or activity by the person, the Ad-
ministration shall render a written advisory opinion 
relating to such transaction or activity to the person. 
‘‘(2) REQUESTS BY CANDIDATES.—If an advi-
sory opinion is requested by a candidate, or any au-
thorized committee of such candidate, during the 60- 
day period before any election for Federal office in-
volving the requesting party, the Administration 
shall render a written advisory opinion relating to 
such request not later than 20 days after the Ad-
ministration receives a complete written request. 
‘‘(b) RULEMAKING REQUIRED.—Any rule of law 
which is not stated in this Act or in chapter 95 or 96 
of the Internal Revenue Code of 1986 may be initially pro-
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posed by the Administration only as a rule or regulation 
pursuant to procedures established in section 365. No 
opinion of an advisory nature may be issued by the Admin-
istration or any other officer or employee of the Adminis-
tration except in accordance with the provisions of this 
section. 
‘‘(c) RELIANCE ON ADVISORY OPINIONS.— 
‘‘(1) IN GENERAL.—Any advisory opinion ren-
dered by the Administration under subsection (a) 
may be relied upon by— 
‘‘(A) any person involved in the specific 
transaction or activity with respect to which 
such advisory opinion is rendered; and 
‘‘(B) any person involved in any specific 
transaction or activity which is indistinguish-
able in all its material aspects from the trans-
action or activity with respect to which such ad-
visory opinion is rendered. 
‘‘(2) PROTECTION FROM LIABILITY.—Notwith-
standing any other provisions of law, any person 
who relies upon any provision or finding of an advi-
sory opinion in accordance with the provisions of 
paragraph (1) and who acts in good faith in accord-
ance with the provisions and findings of such advi-
sory opinion shall not, as a result of any such act, 
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be subject to any sanction provided by this Act or 
by chapter 95 or 96 of the Internal Revenue Code 
of 1986. 
‘‘(d) PUBLICATION OF REQUESTS.—The Administra-
tion shall make public any request made under subsection 
(a) for an advisory opinion. Before rendering an advisory 
opinion, the Administration shall accept written comments 
submitted by any interested party within the 10-day pe-
riod following the date on which the request is made pub-
lic. 
‘‘(e) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Any person adversely af-
fected by an advisory opinion rendered by the Ad-
ministration may obtain judicial review of such advi-
sory opinion by filing a petition in the United States 
Court of Appeals for the District of Columbia Cir-
cuit. 
‘‘(2) SCOPE OF REVIEW.—For purposes of con-
ducting the judicial review described in paragraph 
(1), the provisions of section 706 of title 5, United 
States Code, shall apply. 
‘‘SEC. 364. ISSUANCE AND ENFORCEMENT OF SUBPOENAS. 
‘‘(a) ISSUANCE BY THE CHAIR.—If the Administra-
tion is conducting an investigation pursuant to section 371 
or 372, the Chair shall, on behalf of the Administration, 
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have the power to require by subpoena the attendance and 
testimony of witnesses and the production of all documen-
tary evidence relating to the execution of the Administra-
tion’s duties. 
‘‘(b) ISSUANCE
BY
AN
ADMINISTRATIVE
LAW 
JUDGE.—Any administrative law judge presiding over an 
enforcement action pursuant to section 373 shall have the 
power to require by subpoena the attendance and testi-
mony of witnesses and the production of all documentary 
evidence relating to the administrative law judge’s duties. 
‘‘(c) ISSUANCE
AND
ENFORCEMENT
OF
SUB-
POENAS.— 
‘‘(1) ISSUANCE.—Subpoenas issued under sub-
section (a) or (b) shall bear the signature of the 
Chair or an administrative law judge, respectively, 
and shall be served by any person or class of persons 
designated by the Chair or administrative law judge 
for that purpose. 
‘‘(2) ENFORCEMENT.—In the case of contu-
macy or failure to obey a subpoena issued under 
subsection (a) or (b), the Federal district court for 
the judicial district in which the subpoenaed person 
resides, is served, or may be found may issue an 
order requiring such person to appear at any des-
ignated place to testify or to produce documentary 
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or other evidence. Any failure to obey the order of 
the court may be punished by the court as a con-
tempt of that court. 
‘‘(d) WITNESS ALLOWANCES
AND FEES.—Section 
1821 of title 28, United States Code, shall apply to wit-
nesses requested or subpoenaed to appear at any hearing 
of the Administration. The per diem and mileage allow-
ances for witnesses shall be paid from funds available to 
pay the expenses of the Administration. 
‘‘(e) JURISDICTION.—Subpoenas for witnesses who 
are required to attend a Federal district court may run 
into any other district. 
‘‘SEC. 365. RULEMAKING AUTHORITY. 
‘‘(a) IN GENERAL.—The Administration may, pursu-
ant to the provisions of chapter 5 of title 5, United States 
Code, prescribe such rules and regulations as the Adminis-
tration deems necessary to carry out the provisions of this 
Act and chapters 95 and 96 of the Internal Revenue Code 
of 1986, including the authority to promulgate rules of 
practice and procedure for agency adjudications. 
‘‘(b) AUTHORITY TO PROMULGATE INDEPENDENT 
REGULATIONS.—Whenever the Administration promul-
gates any regulation, it shall not be required to submit 
such regulation for review or approval to the President 
or the Office of Management and Budget. 
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‘‘(c) CONDUCT OF ACTIVITIES.—The Administration 
shall prepare written rules for the conduct of its activities, 
including procedures for the conduct of enforcement ac-
tions under sections 371, 372, and 373. 
‘‘(d) FORMS.— 
‘‘(1) IN GENERAL.—The Administration shall 
prescribe forms necessary to implement this Act and 
chapters 95 and 96 of the Internal Revenue Code of 
1986. 
‘‘(2) PUBLIC
PROTECTION.—Any forms pre-
scribed by the Administration under paragraph (1), 
and any information-gathering activities of the Ad-
ministration under this Act, shall not be subject to 
the provisions of section 3512 of title 44, United 
States Code. 
‘‘(e) RELIANCE UPON RULES AND REGULATIONS.— 
Notwithstanding any other provision of law, any person 
who relies upon any rule or regulation prescribed by the 
Administration in accordance with the provisions of this 
section and who acts in good faith in accordance with such 
rule or regulation shall not, as a result of such act, be 
subject to any sanction provided by this Act or by chapter 
95 or 96 of the Internal Revenue Code of 1986. 
‘‘(f) CONSULTATION
WITH
IRS.—In prescribing 
rules, regulations, and forms under this section, the Ad-
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ministration and the Secretary of the Treasury shall con-
sult and work together to promulgate rules, regulations, 
and forms which are mutually consistent. The Administra-
tion shall report to Congress annually on the steps it has 
taken to comply with this subsection. 
‘‘(g) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Any person adversely af-
fected by a rule, regulation, or form promulgated by 
the Administration may obtain judicial review of 
such rule, regulation, or form by filing a petition in 
the United States Court of Appeals for the District 
of Columbia Circuit. 
‘‘(2) SCOPE OF REVIEW.—For purposes of con-
ducting the judicial review described in paragraph 
(1), the provisions of section 706 of title 5, United 
States Code, shall apply. 
‘‘(h) RULE
AND REGULATION DEFINED.—In this 
Act, the terms ‘rule’ and ‘regulation’ mean a provision or 
series of interrelated provisions stating a single, separable 
rule of law. 
‘‘SEC. 366. LITIGATION AUTHORITY. 
‘‘(a) IN GENERAL.—Notwithstanding sections 516 
and 518 of title 28, United States Code, and section 3106 
of title 5, United States Code, the Administration is au-
thorized to bring, appear in, defend against, and appeal 
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any action instituted under this Act or chapter 95 or 96 
of the Internal Revenue Code of 1986, in any court ei-
ther— 
‘‘(1) by attorneys employed by the Administra-
tion; or 
‘‘(2) by counsel whom it may appoint, on a tem-
porary basis as may be necessary for such purpose, 
without regard to the provisions of title 5, United 
States Code, governing appointments in the competi-
tive service, and whose compensation it may fix 
without regard to the provisions of chapter 51 and 
subchapter III of chapter 53 of such title. 
‘‘(b) COMPENSATION
OF APPOINTED COUNSEL.— 
The compensation of counsel appointed on a temporary 
basis under subsection (a)(2) shall be paid out of any 
funds otherwise available to pay the compensation of em-
ployees of the Administration. 
‘‘(c) INDEPENDENCE FROM ATTORNEY GENERAL.— 
In pursuing an action under this section, the Administra-
tion may act independently of the Attorney General. 
‘‘SEC. 367. AVAILABILITY OF REPORTS. 
‘‘(a) IN GENERAL.—The Administration shall— 
‘‘(1) prepare, publish, and furnish to all persons 
required to file reports and statements under this 
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Act a manual recommending uniform methods of 
bookkeeping and reporting; 
‘‘(2) develop a filing, coding, and cross-indexing 
system consistent with the purposes of this Act; 
‘‘(3) within 48 hours after the time of the re-
ceipt by the Administration of reports and state-
ments filed with the Administration, make them 
available for public inspection, and copying, at the 
expense of the person requesting such copying, ex-
cept that any information copied from such reports 
or statements may not be sold or used by any person 
for the purpose of soliciting contributions or for 
commercial purposes, other than using the name and 
address of any political committee to solicit contribu-
tions from such committee; 
‘‘(4) keep such designations, reports, and state-
ments for a period of 10 years from the date of re-
ceipt and maintain computerized records of such 
designations, reports, and statements thereafter; 
‘‘(5)(A) compile and maintain a cumulative 
index of designations, reports, and statements filed 
under this Act, publish the index at regular inter-
vals, and make the index available for purchase di-
rectly or by mail; 
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‘‘(B) compile, maintain, and revise a separate 
cumulative index of reports and statements filed by 
multicandidate committees, including in such index a 
list of multicandidate committees; and 
‘‘(C) compile and maintain a list of multi-
candidate committees, which shall be revised and 
made available monthly; 
‘‘(6) prepare and publish periodically lists of 
authorized committees which fail to file reports as 
required by this Act; and 
‘‘(7) serve as a national clearinghouse for the 
compilation of information and review of procedures 
with respect to the administration of Federal elec-
tions. 
‘‘(b) PSEUDONYMS.—For purposes of subsection 
(a)(3), a political committee may submit 10 pseudonyms 
on each report filed in order to protect against the illegal 
use of names and addresses of contributors, but only if 
such committee attaches a list of such pseudonyms to the 
appropriate report. The Administration shall exclude these 
lists from the public record. 
‘‘(c) CONTRACTS.—The Administration may enter 
into contracts for the purpose of performing the duties 
described in subsection (a). 
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