graph (3) of section 501(c) of the Internal Rev-
enue Code of 1986 and exempt from tax under 
section 501(a) of such Code in the same man-
ner as this paragraph applies to an amount 
transferred by a covered organization to an-
other covered organization.’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
304(f)(6) of such Act (52 U.S.C. 30104) is amended 
by striking ‘‘Any requirement’’ and inserting ‘‘Ex-
cept as provided in section 324(b), any require-
ment’’. 
SEC. 1003. STAND BY YOUR AD. 
(a) DISCLAIMER REQUIREMENTS FOR CAMPAIGN-RE-
LATED DISBURSEMENTS.—Section 318(a) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30120(a)) is 
amended by striking ‘‘for the purpose of financing commu-
nications expressly advocating the election or defeat of a 
clearly identified candidate’’ and inserting ‘‘for a cam-
paign-related disbursement, as defined in section 324, con-
sisting of a public communication’’. 
(b) STAND BY YOUR AD REQUIREMENTS.— 
(1) MAINTENANCE OF REQUIREMENTS FOR PO-
LITICAL PARTIES AND CERTAIN POLITICAL COMMIT-
TEES.—Section 318(d)(2) of such Act (52 U.S.C. 
30120(d)(2)) is amended— 
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(A) in the heading, by striking ‘‘OTHERS’’ 
and inserting ‘‘CERTAIN
POLITICAL
COMMIT-
TEES’’; 
(B) by striking ‘‘Any communication’’ and 
inserting ‘‘(A) Any communication’’; 
(C) by inserting ‘‘which (except to the ex-
tent provided in the last sentence of this para-
graph) is paid for by a political committee (in-
cluding a political committee of a political 
party) and’’ after ‘‘subsection (a)’’; 
(D) by striking ‘‘or other person’’ each 
place it appears; and 
(E) by adding at the end the following new 
subparagraph: 
‘‘(B) This paragraph does not apply to a com-
munication paid for in whole or in part with a pay-
ment which is treated as a campaign-related dis-
bursement under section 324 and with respect to 
which a covered organization files a statement under 
such section.’’. 
(2) SPECIAL DISCLAIMER REQUIREMENTS FOR 
CERTAIN
COMMUNICATIONS.—Section 318 of such 
Act (52 U.S.C. 30120) is amended by adding at the 
end the following new subsection: 
‘‘(e) COMMUNICATIONS BY OTHERS.— 
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‘‘(1) IN
GENERAL.—Any communication de-
scribed in paragraph (3) of subsection (a) which is 
transmitted through radio or television (other than 
a communication to which subsection (d)(2) applies) 
shall include, in addition to the requirements of such 
paragraph, the following: 
‘‘(A) The individual disclosure statement 
described in paragraph (2)(A) (if the person 
paying for the communication is an individual) 
or the organizational disclosure statement de-
scribed in paragraph (2)(B) (if the person pay-
ing for the communication is not an individual). 
‘‘(B) If the communication is transmitted 
through television and is paid for in whole or in 
part with a payment which is treated as a cam-
paign-related disbursement under section 324, 
the Top Five Funders list (if applicable), un-
less, on the basis of criteria established in regu-
lations issued by the Commission, the commu-
nication is of such short duration that including 
the Top Five Funders list in the communication 
would constitute a hardship to the person pay-
ing for the communication by requiring a dis-
proportionate amount of the content of the 
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communication to consist of the Top Five 
Funders list. 
‘‘(C) If the communication is transmitted 
through radio and is paid for in whole or in 
part with a payment which is treated as a cam-
paign-related disbursement under section 324, 
the Top Two Funders list (if applicable), un-
less, on the basis of criteria established in regu-
lations issued by the Commission, the commu-
nication is of such short duration that including 
the Top Two Funders list in the communication 
would constitute a hardship to the person pay-
ing for the communication by requiring a dis-
proportionate amount of the content of the 
communication to consist of the Top Two 
Funders list. 
‘‘(2) DISCLOSURE STATEMENTS DESCRIBED.— 
‘‘(A) INDIVIDUAL
DISCLOSURE
STATE-
MENTS.—The individual disclosure statement 
described in this subparagraph is the following: 
‘I am llllllll, and I approve this 
message.’, with the blank filled in with the 
name of the applicable individual. 
‘‘(B) 
ORGANIZATIONAL
DISCLOSURE 
STATEMENTS.—The organizational disclosure 
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statement described in this subparagraph is the 
following: 
‘I 
am 
llllllll, 
the 
llllllll of llllllll, and 
llllllll approves this message.’, 
with— 
‘‘(i) the first blank to be filled in with 
the name of the applicable individual; 
‘‘(ii) the second blank to be filled in 
with the title of the applicable individual; 
and 
‘‘(iii) the third and fourth blank each 
to be filled in with the name of the organi-
zation or other person paying for the com-
munication. 
‘‘(3) METHOD
OF
CONVEYANCE
OF
STATE-
MENT.— 
‘‘(A) 
COMMUNICATIONS
TRANSMITTED 
THROUGH RADIO.—In the case of a communica-
tion to which this subsection applies which is 
transmitted through radio, the disclosure state-
ments required under paragraph (1) shall be 
made by audio by the applicable individual in a 
clearly spoken manner. 
‘‘(B) 
COMMUNICATIONS
TRANSMITTED 
THROUGH TELEVISION.—In the case of a com-
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munication to which this subsection applies 
which is transmitted through television, the in-
formation required under paragraph (1)— 
‘‘(i) shall appear in writing at the end 
of the communication or in a crawl along 
the bottom of the communication in a 
clearly readable manner, with a reasonable 
degree of color contrast between the back-
ground and the printed statement, for a 
period of at least 6 seconds; and 
‘‘(ii) shall also be conveyed by an 
unobscured, full-screen view of the applica-
ble individual or by the applicable indi-
vidual making the statement in voice-over 
accompanied by a clearly identifiable pho-
tograph or similar image of the individual, 
except in the case of a Top Five Funders 
list. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) APPLICABLE INDIVIDUAL.—The term 
‘applicable individual’ means, with respect to a 
communication to which this subsection ap-
plies— 
‘‘(i) if the communication is paid for 
by an individual, the individual involved; 
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volved shall select one of those persons to be in-
cluded on the Top Two Funders list.’’. 
(c) APPLICATION OF DISCLOSURE REQUIREMENTS 
FOR AUDIO AND VIDEO COMMUNICATIONS TO AUDIO AND 
VIDEO PORTIONS
OF COMMUNICATIONS TRANSMITTED 
THROUGH INTERNET OR ELECTRONIC MAIL.— 
(1) COMMUNICATIONS BY CANDIDATES OR AU-
THORIZED PERSONS.—Section 318(d)(1) of the Fed-
eral Election Campaign Act of 1971 (52 U.S.C. 
30120(d)(1)) is amended by adding at the end the 
following new subparagraph: 
‘‘(C) AUDIO
AND
VIDEO
PORTIONS
OF 
COMMUNICATIONS
TRANSMITTED
THROUGH 
INTERNET OR ELECTRONIC MAIL.—In the case 
of a communication described in paragraph (1) 
or (2) of subsection (a) which is transmitted 
through the Internet or through any form of 
electronic mail— 
‘‘(i) any audio portion of the commu-
nication shall meet the requirements appli-
cable under subparagraph (A) to commu-
nications transmitted through radio; and 
‘‘(ii) any video portion of the commu-
nication shall meet the requirements appli-
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cable under subparagraph (B) to commu-
nications transmitted through television.’’. 
(2) COMMUNICATIONS BY OTHERS.— 
(A) IN
GENERAL.—Section 318(d)(2) of 
such Act (52 U.S.C. 30120(d)(2)), as amended 
by subsection (b)(1), is further amended— 
(i) by redesignating subparagraph (B) 
as subparagraph (C); and 
(ii) by inserting after subparagraph 
(A) the following new subparagraph: 
‘‘(B) In the case of a communication described 
in paragraph (3) of subsection (a) which is trans-
mitted through the Internet or through any form of 
electronic mail, any audio portion of the communica-
tion shall meet the requirements applicable under 
this paragraph to communications transmitted 
through radio and any video portion of the commu-
nication shall meet the requirements applicable 
under this paragraph to communications transmitted 
through television.’’. 
(B) APPLICATION OF SPECIAL PERSONAL 
DISCLOSURE RULES FOR CERTAIN COMMUNICA-
TIONS.—Section 318(e) of such Act, as added 
by subsection (b)(2), is amended— 
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(i) in paragraph (1) in the matter pre-
ceding subparagraph (A), by striking 
‘‘radio or television’’ and inserting ‘‘radio 
or television, through the Internet, or 
through any form of electronic mail’’; and 
(ii) in paragraph (3), by adding at the 
end the following new subparagraph: 
‘‘(C) 
COMMUNICATIONS
TRANSMITTED 
THROUGH INTERNET OR ELECTRONIC MAIL.— 
In the case of a communication to which this 
paragraph applies which is transmitted through 
the Internet or through any form of electronic 
mail, any audio portion of the communication 
shall meet the requirements applicable under 
this paragraph to communications transmitted 
through radio and any video portion of the com-
munication shall meet the requirements applica-
ble under this paragraph to communications 
transmitted through television.’’. 
(d) DISCLOSURE REQUIREMENTS
FOR CAMPAIGN 
COMMUNICATIONS
MADE
THROUGH
PRERECORDED 
TELEPHONE CALLS.— 
(1) APPLICATION OF REQUIREMENTS.—Section 
318(a) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30120(a)) is amended by inserting 
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after ‘‘mailing,’’ each place it appears the following: 
‘‘telephone call which consists in substantial part of 
a prerecorded audio message,’’. 
(2) TREATMENT AS AUDIO COMMUNICATION.— 
(A) COMMUNICATIONS BY CANDIDATES OR 
AUTHORIZED
PERSONS.—Section 318(d)(1) of 
such Act (52 U.S.C. 30120(d)(1)), as amended 
by subsection (c)(1), is further amended by 
adding at the end the following new subpara-
graph: 
‘‘(D) 
PRERECORDED
TELEPHONE 
CALLS.—Any communication described in para-
graph (1) or (2) of subsection (a) which is a 
telephone call which consists in substantial part 
of a prerecorded audio message shall meet the 
requirements applicable under subparagraph 
(A) to communications transmitted through 
radio, except that the statement required under 
such subparagraph shall be made at the begin-
ning of the telephone call.’’. 
(B) COMMUNICATIONS BY OTHERS.— 
(i) IN
GENERAL.—Section 318(d)(2) 
of such Act (52 U.S.C. 30120(d)(2)), as 
amended by subsection (b)(1) and sub-
section (c)(2)(A), is further amended— 
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(I) by redesignating subpara-
graph (C) as subparagraph (D); and 
(II) by inserting after subpara-
graph (B) the following new subpara-
graph: 
‘‘(C) Any communication described in para-
graph (3) of subsection (a) which is a telephone call 
which consists in substantial part of a prerecorded 
audio message shall meet the requirements applica-
ble under this paragraph to communications trans-
mitted through radio, except that the statement re-
quired shall be made at the beginning of the tele-
phone call.’’. 
(ii) APPLICATION
OF
SPECIAL
PER-
SONAL DISCLOSURE RULES FOR CERTAIN 
COMMUNICATIONS.—Section 318(e) of such 
Act, as added by subsection (b)(2) and as 
amended by subsection (c)(2)(b), is further 
amended— 
(I) in paragraph (1) in the mat-
ter preceding subparagraph (A), by 
striking ‘‘electronic mail’’ and insert-
ing ‘‘electronic mail, or which is a 
telephone call which consists in sub-
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stantial part of a prerecorded audio 
message,’’; and 
(II) in paragraph (3), by adding 
at the end the following new subpara-
graph: 
‘‘(D) COMMUNICATIONS
MADE
THROUGH 
PRERECORDED TELEPHONE CALLS.—Any com-
munication to which this paragraph applies 
which is a telephone call which consists in sub-
stantial part of a prerecorded audio message 
shall meet the requirements applicable under 
this paragraph to communications transmitted 
through radio.’’. 
(e) NO EXPANSION OF PERSONS SUBJECT TO DIS-
CLAIMER REQUIREMENTS
ON INTERNET COMMUNICA-
TIONS.—Nothing in this section or the amendments made 
by this section may be construed to require any person 
who is not required under section 318 of the Federal Elec-
tion Campaign Act of 1971 (as provided under section 
110.11 of title 11 of the Code of Federal Regulations) to 
include a disclaimer on communications made by the per-
son through the Internet to include any disclaimer on any 
such communications. 
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SEC. 1004. SHAREHOLDERS’ AND MEMBERS’ RIGHT TO 
KNOW. 
Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 325. DISCLOSURES BY COVERED ORGANIZATIONS TO 
SHAREHOLDERS, MEMBERS, AND DONORS OF 
INFORMATION ON CAMPAIGN-RELATED DIS-
BURSEMENTS. 
‘‘(a) INFORMATION
ON CAMPAIGN-RELATED DIS-
BURSEMENTS
TO
BE
INCLUDED
IN
PERIODIC
RE-
PORTS.—A covered organization which submits regular, 
periodic reports to its shareholders, members, or donors 
on its finances or activities shall include in each such re-
port, in a clear and conspicuous manner, the information 
included in the statements filed by the organization under 
section 324 with respect to the campaign-related disburse-
ments made by the organization during the period covered 
by the report. 
‘‘(b) HYPERLINK
TO INFORMATION INCLUDED
IN 
REPORTS FILED WITH COMMISSION.— 
‘‘(1) REQUIRED POSTING OF HYPERLINK.—If a 
covered organization maintains an Internet site, the 
organization shall post on such Internet site a 
hyperlink from its homepage to the location on the 
Internet site of the Commission which contains the 
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information included in the statements filed by the 
organization under section 324 with respect to cam-
paign-related disbursements. 
‘‘(2) DEADLINE; DURATION OF POSTING.—The 
covered organization shall post the hyperlink de-
scribed in paragraph (1) not later than 24 hours 
after the Commission posts the information de-
scribed in such paragraph on the Internet site of the 
Commission, and shall ensure that the hyperlink re-
mains on the Internet site of the covered organiza-
tion until the expiration of the 1-year period which 
begins on the date of the election with respect to 
which the campaign-related disbursements are made. 
‘‘(c) DEFINITIONS.—The terms ‘campaign-related 
disbursement’ and ‘covered organization’ have the mean-
ings given such terms in section 324.’’. 
SEC. 1005. LOBBYISTS’ CAMPAIGN FUNDING DISCLOSURE. 
(a) DISCLOSURE OF INDEPENDENT EXPENDITURES 
AND
ELECTIONEERING
COMMUNICATIONS.—Section 
5(d)(1) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
1604(d)(1)) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (F); 
(2) by redesignating subparagraph (G) as sub-
paragraph (I); and 
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(3) by inserting after subparagraph (F) the fol-
lowing new subparagraphs: 
‘‘(G) the amount of any independent ex-
penditure (as defined in section 301(17) of the 
Federal Election Campaign Act of 1971 (52 
U.S.C. 30101(17))) equal to or greater than 
$1,000 made by such person or organization, 
and for each such expenditure the name of each 
candidate being supported or opposed and the 
amount spent supporting or opposing each such 
candidate; 
‘‘(H) the amount of any electioneering 
communication (as defined in section 304(f)(3) 
of such Act (52 U.S.C. 30104(f)(3))) equal to 
or greater than $1,000 made by such person or 
organization, and for each such communication 
the name of the candidate referred to in the 
communication and whether the communication 
involved was in support of or in opposition to 
the candidate; and’’. 
(b) DISCLOSURE OF AMOUNTS PROVIDED TO CER-
TAIN POLITICAL COMMITTEES.—Section 5(d)(1)(D) of 
such Act (2 U.S.C. 1605(d)(1)(D)) is amended by striking 
‘‘or political party committee,’’ and inserting the following: 
‘‘political party committee, or political committee which is 
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treated 
as 
a 
covered 
organization 
under 
section 
324(f)(1)(D) of the Federal Election Campaign Act of 
1971,’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to reports for semi-
annual periods described in section 5(d)(1) of the Lob-
bying Disclosure Act of 1995 that begin after the date 
of the enactment of this Act. 
SEC. 1006. EFFECTIVE DATE. 
Except as provided in section 1005, the amendments 
made by this title shall apply with respects to disburse-
ments made on or after January 1, 2017. 
Subtitle B—Candidate-Super PAC 
Coordination 
SEC. 1101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Stop Super PAC– 
Candidate Coordination Act’’. 
SEC. 1102. CLARIFICATION OF TREATMENT OF COORDI-
NATED EXPENDITURES AS CONTRIBUTIONS 
TO CANDIDATES. 
(a) TREATMENT
AS
CONTRIBUTION
TO
CAN-
DIDATE.—Section 301(8)(A) of the Federal Election Cam-
paign Act of 1971 (52 U.S.C. 30101(8)(A)) is amended— 
(1) by striking ‘‘or’’ at the end of clause (i); 
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(2) by striking the period at the end of clause 
(ii) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
clause: 
‘‘(iii) any payment made by any person 
(other than a candidate, an authorized com-
mittee of a candidate, or a political committee 
of a political party) for a coordinated expendi-
ture (as such term is defined in section 326) 
which is not otherwise treated as a contribution 
under clause (i) or clause (ii).’’. 
(b) DEFINITIONS.—Title III of such Act (52 U.S.C. 
30101 et seq.), as amended by section 1004, is amended 
to by adding at the end the following new section: 
‘‘SEC. 326. PAYMENTS FOR COORDINATED EXPENDITURES. 
‘‘(a) COORDINATED EXPENDITURES.— 
‘‘(1) IN
GENERAL.—For purposes of section 
301(8)(A)(iii), the term ‘coordinated expenditure’ 
means— 
‘‘(A) any expenditure, or any payment for 
a covered communication described in sub-
section (d), which is made in cooperation, con-
sultation, or concert with, or at the request or 
suggestion of, a candidate, an authorized com-
mittee of a candidate, a political committee of 
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a political party, or agents of the candidate or 
committee, as defined in subsection (b); or 
‘‘(B) any payment for any communication 
which republishes, disseminates, or distributes, 
in whole or in part, any video or broadcast or 
any written, graphic, or other form of campaign 
material prepared by the candidate or com-
mittee or by agents of the candidate or com-
mittee (including any excerpt or use of any 
video from any such broadcast or written, 
graphic, or other form of campaign material). 
‘‘(2) EXCEPTION FOR PAYMENTS FOR CERTAIN 
COMMUNICATIONS.—A payment for a communication 
(including a covered communication described in 
subsection (d) shall not be treated as a coordinated 
expenditure under this subsection if— 
‘‘(A) the communication appears in a news 
story, commentary, or editorial distributed 
through the facilities of any broadcasting sta-
tion, newspaper, magazine, or other periodical 
publication, unless such facilities are owned or 
controlled by any political party, political com-
mittee, or candidate; or 
‘‘(B) the communication constitutes a can-
didate debate or forum conducted pursuant to 
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regulations adopted by the Commission pursu-
ant to section 304(f)(3)(B)(iii), or which solely 
promotes such a debate or forum and is made 
by or on behalf of the person sponsoring the de-
bate or forum. 
‘‘(b) COORDINATION DESCRIBED.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, a payment is made ‘in cooperation, consulta-
tion, or concert with, or at the request or suggestion 
of,’ a candidate, an authorized committee of a can-
didate, a political committee of a political party, or 
agents of the candidate or committee, if the pay-
ment, or any communication for which the payment 
is made, is not made entirely independently of the 
candidate, committee, or agents. For purposes of the 
previous sentence, a payment or communication not 
made entirely independently of the candidate or 
committee includes any payment or communication 
made pursuant to any general or particular under-
standing with, or pursuant to any communication 
with, the candidate, committee, or agents about the 
payment or communication. 
‘‘(2) NO
FINDING
OF
COORDINATION
BASED 
SOLELY ON SHARING OF INFORMATION REGARDING 
LEGISLATIVE OR POLICY POSITION.—For purposes 
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of this section, a payment shall not be considered to 
be made by a person in cooperation, consultation, or 
concert with, or at the request or suggestion of, a 
candidate or committee, solely on the grounds that 
the person or the person’s agent engaged in discus-
sions with the candidate or committee, or with any 
agent of the candidate or committee, regarding that 
person’s position on a legislative or policy matter 
(including urging the candidate or committee to 
adopt that person’s position), so long as there is no 
communication between the person and the can-
didate or committee, or any agent of the candidate 
or committee, regarding the candidate’s or commit-
tee’s campaign advertising, message, strategy, pol-
icy, polling, allocation of resources, fundraising, or 
other campaign activities. 
‘‘(3) NO
EFFECT
ON
PARTY
COORDINATION 
STANDARD.—Nothing in this section shall be con-
strued to affect the determination of coordination 
between a candidate and a political committee of a 
political party for purposes of section 315(d). 
‘‘(4) NO
SAFE
HARBOR
FOR
USE
OF
FIRE-
WALL.—A person shall be determined to have made 
a payment in cooperation, consultation, or concert 
with, or at the request or suggestion of, a candidate 
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or committee, in accordance with this section with-
out regard to whether or not the person established 
and used a firewall or similar procedures to restrict 
the sharing of information between individuals who 
are employed by or who are serving as agents for the 
person making the payment. 
‘‘(c) PAYMENTS BY COORDINATED SPENDERS FOR 
COVERED COMMUNICATIONS.— 
‘‘(1) PAYMENTS MADE IN COOPERATION, CON-
SULTATION, OR CONCERT WITH CANDIDATES.—For 
purposes of subsection (a)(1)(A), if the person who 
makes a payment for a covered communication, as 
defined in subsection (d), is a coordinated spender 
under paragraph (2) with respect to the candidate 
as described in subsection (d)(1), the payment for 
the covered communication is made in cooperation, 
consultation, or concert with the candidate. 
‘‘(2) COORDINATED SPENDER DEFINED.—For 
purposes of this subsection, the term ‘coordinated 
spender’ means, with respect to a candidate or an 
authorized committee of a candidate, a person (other 
than a political committee of a political party) for 
which any of the following applies: 
‘‘(A) During the 4-year period ending on 
the date on which the person makes the pay-
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ment, the person was directly or indirectly 
formed or established by or at the request or 
suggestion of, or with the encouragement of, 
the candidate (including an individual who later 
becomes a candidate) or committee or agents of 
the candidate or committee, including with the 
approval of the candidate or committee or 
agents of the candidate or committee. 
‘‘(B) The candidate or committee or any 
agent of the candidate or committee solicits 
funds, appears at a fundraising event, or en-
gages in other fundraising activity on the per-
son’s behalf during the election cycle involved, 
including by providing the person with names of 
potential donors or other lists to be used by the 
person in engaging in fundraising activity, re-
gardless of whether the person pays fair market 
value for the names or lists provided. For pur-
poses of this subparagraph, the term ‘election 
cycle’ means, with respect to an election for 
Federal office, the period beginning on the day 
after the date of the most recent general elec-
tion for that office (or, if the general election 
resulted in a runoff election, the date of the 
runoff election) and ending on the date of the 
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next general election for that office (or, if the 
general election resulted in a runoff election, 
the date of the runoff election). 
‘‘(C) The person is established, directed, or 
managed by the candidate or committee or by 
any person who, during the 4-year period end-
ing on the date on which the person makes the 
payment, has been employed or retained as a 
political, campaign media, or fundraising ad-
viser or consultant for the candidate or com-
mittee or for any other entity directly or indi-
rectly controlled by the candidate or committee, 
or has held a formal position with the candidate 
or committee. 
‘‘(D) The person has retained the profes-
sional services of any person who, during the 2- 
year period ending on the date on which the 
person makes the payment, has provided or is 
providing professional services relating to the 
campaign to the candidate or committee. For 
purposes of this subparagraph, the term ‘pro-
fessional services’ includes any services in sup-
port of the candidate’s or committee’s campaign 
activities, including advertising, message, strat-
egy, policy, polling, allocation of resources, 
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fundraising, and campaign operations, but does 
not include accounting or legal services. 
‘‘(E) The person is established, directed, or 
managed by a member of the immediate family 
of the candidate, or the person or any officer or 
agent of the person has had more than inci-
dental discussions about the candidate’s cam-
paign with a member of the immediate family 
of the candidate. For purposes of this subpara-
graph, the term ‘immediate family’ has the 
meaning given such term in section 9004(e) of 
the Internal Revenue Code of 1986. 
‘‘(d) COVERED COMMUNICATION DEFINED.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘covered communication’ means, with 
respect to a candidate or an authorized committee of 
a candidate, a public communication (as defined in 
section 301(22)) which— 
‘‘(A) expressly advocates the election of the 
candidate or the defeat of an opponent of the 
candidate (or contains the functional equivalent 
of express advocacy); 
‘‘(B) promotes or supports the candidate, 
or attacks or opposes an opponent of the can-
didate (regardless of whether the communica-
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tion expressly advocates the election or defeat 
of a candidate or contains the functional equiv-
alent of express advocacy); or 
‘‘(C) refers to the candidate or an oppo-
nent of the candidate but is not described in 
subparagraph (A) or subparagraph (B), but 
only if the communication is disseminated dur-
ing the applicable election period. 
‘‘(2) APPLICABLE ELECTION PERIOD.—In para-
graph (1)(B), the ‘applicable election period’ with re-
spect to a communication means— 
‘‘(A) in the case of a communication which 
refers to a candidate in a general, special, or 
runoff election, the 120-day period which ends 
on the date of the election; or 
‘‘(B) in the case of a communication which 
refers to a candidate in a primary or preference 
election, or convention or caucus of a political 
party that has authority to nominate a can-
didate, the 60-day period which ends on the 
date of the election or convention or caucus. 
‘‘(3) SPECIAL RULES FOR COMMUNICATIONS IN-
VOLVING
CONGRESSIONAL
CANDIDATES.—For pur-
poses of this subsection, a public communication 
shall not be considered to be a covered communica-
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tion with respect to a candidate for election for an 
office other than the office of President or Vice 
President unless it is publicly disseminated or dis-
tributed in the jurisdiction of the office the can-
didate is seeking. 
‘‘(e) PENALTY.— 
‘‘(1) DETERMINATION OF AMOUNT.—Any per-
son who knowingly and willfully commits a violation 
of this Act by making a contribution which consists 
of a payment for a coordinated expenditure shall be 
fined an amount equal to the greater of— 
‘‘(A) in the case of a person who makes a 
contribution which consists of a payment for a 
coordinated expenditure in an amount exceeding 
the applicable contribution limit under this Act, 
300 percent of the amount by which the 
amount of the payment made by the person ex-
ceeds such applicable contribution limit; or 
‘‘(B) in the case of a person who is prohib-
ited under this Act from making a contribution 
in any amount, 300 percent of the amount of 
the payment made by the person for the coordi-
nated expenditure. 
‘‘(2) JOINT AND SEVERAL LIABILITY.—Any di-
rector, manager or officer of a person who is subject 
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to a penalty under paragraph (1) shall be jointly and 
severally liable for any amount of such penalty that 
is not paid by the person prior to the expiration of 
the 1-year period which begins on the date the Com-
mission imposes the penalty or the 1-year period 
which begins on the date of the final judgment fol-
lowing any judicial review of the Commission’s ac-
tion, whichever is later.’’. 
(c) EFFECTIVE DATE.— 
(1) REPEAL OF EXISTING REGULATIONS ON CO-
ORDINATION.—Effective upon the expiration of the 
90-day period which begins on the date of the enact-
ment of this Act— 
(A) the regulations on coordinated commu-
nications adopted by the Federal Election Com-
mission which are in effect on the date of the 
enactment of this Act (as set forth in 11 C.F.R. 
Part 109, Subpart C, under the heading ‘‘Co-
ordination’’) are repealed; and 
(B) the Federal Election Commission shall 
promulgate new regulations on coordinated 
communications which reflect the amendments 
made by this title. 
(2) EFFECTIVE DATE.—The amendments made 
by this section shall apply with respect to payments 
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made on or after the expiration of the 120-day pe-
riod which begins on the date of the enactment of 
this Act, without regard to whether or not the Fed-
eral Election Commission has promulgated regula-
tions in accordance with paragraph (1)(B) as of the 
expiration of such period. 
SEC. 1103. CLARIFICATION OF BAN ON FUNDRAISING FOR 
SUPER PACS BY FEDERAL CANDIDATES AND 
OFFICEHOLDERS. 
(a) IN GENERAL.—Section 323(e)(1) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30125(e)(1)) 
is amended— 
(1) by striking ‘‘or’’ at the end of subparagraph 
(A); 
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) solicit, receive, direct, or transfer 
funds to or on behalf of any political committee 
which accepts donations or contributions that 
do not comply with the limitations, prohibitions, 
and reporting requirements of this Act (or to or 
on behalf of any account of a political com-
mittee which is established for the purpose of 
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accepting such donations or contributions), or 
to or on behalf of any political organization 
under section 527 of the Internal Revenue Code 
of 1986 which accepts such donations or con-
tributions (other than a committee of a State or 
local political party or a candidate for election 
for State or local office).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to elections occur-
ring after January 1, 2017. 
Subtitle C—Real-Time 
Transparency 
SEC. 1201. SHORT TITLE. 
This subtitle may be cited as the ‘‘Real Time Trans-
parency Act’’. 
SEC. 1202. 48-HOUR NOTIFICATION REQUIRED FOR ALL PO-
LITICAL 
COMMITTEES 
RECEIVING 
CUMU-
LATIVE CONTRIBUTIONS OF $1,000 OR MORE 
DURING A YEAR FROM ANY CONTRIBUTOR. 
(a) NOTIFICATION.—Section 304(a)(6)(A) of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 
434(a)(6)(A)) is amended to read as follows: 
‘‘(A)(i) If a political committee receives an aggregate 
amount of contributions equal to or greater than $1,000 
from any contributor during a calendar year, the com-
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mittee shall submit a notification to the Commission con-
taining the name of the committee (and, in the case of 
an authorized committee of a candidate, the name of the 
candidate and the office sought by the candidate), the 
identification of the contributor, and the date of receipt 
and amount of the contributions involved. 
‘‘(ii) If, at any time after a political committee is re-
quired to submit a notification under this subparagraph 
with respect to a contributor during a calendar year, the 
political committee receives additional contributions from 
that contributor during that year, the committee shall sub-
mit an additional notification under clause (i) with respect 
to such contributor each time the aggregate amount of the 
additional contributions received from the contributor dur-
ing the year equals or exceeds $1,000 (excluding the 
amount of any contribution for which information is re-
quired to be included in a previous notification under this 
subparagraph). 
‘‘(iii) The political committee shall submit the notifi-
cation required under this subparagraph with respect to 
a contributor— 
‘‘(I) in the case of a notification described in 
clause (i), not later than 48 hours after the date on 
which the aggregate amount of contributions re-
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ceived from the contributor during the calendar year 
first equals or exceeds $1,000; or 
‘‘(II) in the case of an additional notification 
described in clause (ii), not later than 48 hours after 
the date on which the aggregate amount of contribu-
tions received from the contributor during the cal-
endar year for which information was not already in-
cluded in a notification under this subparagraph 
first equals or exceeds $1,000. 
‘‘(iv) For purposes of this subparagraph, any amount 
transferred by a joint fundraising committee which is es-
tablished by an authorized committee of a candidate to 
any other authorized committee of that candidate shall be 
treated as a contribution by the joint fundraising com-
mittee to such authorized committee.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to contributions re-
ceived by a political committee under the Federal Election 
Campaign Act of 1971 during 2016 or any succeeding 
year, except that nothing in such amendment may be con-
strued to require a political committee which does not re-
ceive contributions during the portion of 2016 which oc-
curs after the date of the enactment of this Act to meet 
the requirements of section 304(a)(6)(A) of the Federal 
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Election Campaign Act of 1971, as amended by subsection 
(a). 
SEC. 1203. FILING BY SENATE CANDIDATES WITH FEDERAL 
ELECTION COMMISSION. 
(a) MANDATORY
FILING
WITH
FEC.—Section 
302(g) of the Federal Election Campaign Act of 1971 (2 
U.S.C. 432(g)) is amended to read as follows: 
‘‘(g) FILING WITH THE COMMISSION.—All designa-
tions, statements, and reports required to be filed under 
this Act shall be filed with the Commission.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to materials filed 
on or after the date of the enactment of this Act. 
Subtitle D—Establishment of 
Federal Election Administration 
SEC. 1301. SHORT TITLE. 
This subtitle may be cited as the ‘‘Federal Election 
Administration Act of 2016’’. 
PART 1—FEDERAL ELECTION ADMINISTRATION 
SEC. 1311. ESTABLISHMENT OF THE FEDERAL ELECTION 
ADMINISTRATION. 
(a) IN GENERAL.—Title III of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 
amended by adding at the end the following new subtitle: 
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‘‘Subtitle B—Administrative 
Provisions 
‘‘CHAPTER 1—ESTABLISHMENT OF THE 
FEDERAL ELECTION ADMINISTRATION 
‘‘SEC. 351. ESTABLISHMENT OF THE FEDERAL ELECTION 
ADMINISTRATION. 
‘‘(a) IN GENERAL.—There is established the Federal 
Election Administration (in this Act referred to as the 
‘Administration’). 
‘‘(b) INDEPENDENT ESTABLISHMENT.—The Admin-
istration shall be an independent establishment (as defined 
in section 104 of title 5, United States Code). 
‘‘(c) PURPOSE.—The Administration shall admin-
ister, seek to obtain compliance with, enforce, and formu-
late policy in a manner that is consistent with the lan-
guage and intent of Congress with respect to the following 
statutes: 
‘‘(1) This Act. 
‘‘(2) The Presidential Election Campaign Fund 
Act under chapter 95 of the Internal Revenue Code 
of 1986. 
‘‘(3) The Presidential Primary Matching Pay-
ment Account Act under chapter 96 of the Internal 
Revenue Code of 1986. 
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‘‘(d) EXCLUSIVE CIVIL JURISDICTION.—The Admin-
istration shall have exclusive jurisdiction with respect to 
the civil enforcement of the statutes identified in sub-
section (c). 
‘‘(e) VOTING REQUIREMENT.—All decisions of the 
Administration with respect to the exercise of its duties 
and powers under this Act, except those expressly reserved 
for decision by the Chair, shall be made by a majority vote 
of its members. 
‘‘(f) MEETINGS AND QUORUM.— 
‘‘(1) MEETINGS.—The Administration shall 
meet— 
‘‘(A) at least once each month; and 
‘‘(B) at the call of the Chair. 
‘‘(2) QUORUM.—A majority of the members of 
the Administration shall constitute a quorum. 
‘‘(g) SEAL.—The Administration shall procure a 
proper seal, with such suitable inscriptions and devices as 
the President shall approve. This seal, to be known as the 
official seal of the Federal Election Administration, shall 
be kept and used to verify official documents, under such 
rules and regulations as the Administration may prescribe. 
Judicial notice shall be taken of the seal. 
‘‘(h) PRINCIPAL OFFICE.—The principal office of the 
Administration shall be in or near the District of Colum-
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bia, but the Administration may meet or exercise any of 
its powers anywhere in the United States. 
‘‘SEC. 352. COMPOSITION OF THE FEDERAL ELECTION AD-
MINISTRATION. 
‘‘(a) IN GENERAL.—The Administration shall be 
composed of 5 members, 1 of whom shall serve as the 
Chair of the Administration. Not more than 2 members 
of the Administration shall be affiliated with the same po-
litical party while serving as a member of the Administra-
tion. For purposes of the preceding sentence, a member 
shall be treated as affiliated with a political party if such 
member was affiliated with such political party at any time 
during the 5-year period ending on the date on which such 
individual is nominated to be a member of the Administra-
tion. 
‘‘(b) APPOINTMENT.— 
‘‘(1) IN GENERAL.—Each member of the Ad-
ministration shall be appointed by the President, by 
and with the advice and consent of the Senate. 
‘‘(2) CHAIR.—The President shall, at the time 
of nomination of the first 5 members of the Admin-
istration, designate 1 of the 5 to serve as the Chair. 
Any individual appointed to succeed, or to fill the 
unexpired term of, that member (or any member 
succeeding that member) shall serve as the Chair. 
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‘‘(3) QUALIFICATIONS.— 
‘‘(A) IN
GENERAL.—The President may 
select an individual for service as a Member of 
the Commission if the individual has experience 
in election law and has a demonstrated record 
of integrity, impartiality, and good judgment. 
‘‘(B) ASSISTANCE OF BLUE RIBBON ADVI-
SORY PANEL.— 
‘‘(i) IN GENERAL.—Prior to the regu-
larly scheduled expiration of the term of a 
member of the Commission and upon the 
occurrence of a vacancy in the membership 
of the Commission prior to the expiration 
of a term, the President shall convene a 
Blue Ribbon Advisory Panel, that includes 
individuals representing each major polit-
ical party and individuals who are inde-
pendent of a political party and that con-
sists of an odd number of individuals se-
lected by the President from retired Fed-
eral judges, former law enforcement offi-
cials, or individuals with experience in elec-
tion law, except that the President may not 
select any individual to serve on the panel 
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who holds any public office at the time of 
selection. 
‘‘(ii) RECOMMENDATIONS.—With re-
spect to each member of the Commission 
whose term is expiring or each vacancy in 
the membership of the Commission (as the 
case may be), the Blue Ribbon Advisory 
Panel shall recommend to the President at 
least one but not more than 3 individuals 
for nomination for appointment as a mem-
ber of the Commission. 
‘‘(iii) PUBLICATION.—At the time the 
President submits to the Senate the nomi-
nations for individuals to be appointed as 
members of the Commission, the President 
shall publish the Blue Ribbon Advisory 
Panel’s recommendations for such nomina-
tions. 
‘‘(iv) EXEMPTION FROM FEDERAL AD-
VISORY
COMMITTEE
ACT.—The Federal 
Advisory Committee Act (5 U.S.C. App.) 
shall not apply to a Blue Ribbon Advisory 
Panel convened under this subparagraph. 
‘‘(c) TERM OF OFFICE.— 
‘‘(1) IN GENERAL.— 
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‘‘(A) CHAIR.—The Chair of the Adminis-
tration shall be appointed for a term of 10 
years. 
‘‘(B) OTHER MEMBERS.—Subject to sub-
paragraph (C), the 4 members of the Adminis-
tration other than the Chair shall be appointed 
for a term of 6 years. 
‘‘(C) INITIAL
APPOINTMENTS.—Of the 
members initially appointed under subpara-
graph (B), 2 members shall be appointed for a 
term of 3 years. 
‘‘(2) LIMITATION TO ONE TERM.—A member of 
the Administration may only serve 1 term, except 
that— 
‘‘(A) an individual appointed under sub-
paragraph (B) of paragraph (1) who is ap-
pointed for the term described in subparagraph 
(C) of such paragraph may be appointed to a 
6-year term in addition to the term described in 
such subparagraph; and 
‘‘(B) an individual appointed under para-
graph (4) to fill the remainder of an unexpired 
term that has less than 1⁄2 of the term remain-
ing may be appointed to serve another term. 
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‘‘(3) EXPIRED TERMS.—An individual may con-
tinue to serve as a member of the Administration 
after the expiration of such individual’s term until 
the earlier of— 
‘‘(A) the date on which such individual’s 
successor has taken office; or 
‘‘(B) 1 year following the date on which 
the term of such member expired. 
‘‘(4) VACANCIES.—An individual appointed 
upon a vacancy occurring before the expiration of 
the term for which the individual’s predecessor was 
appointed shall be appointed only for the unexpired 
term of the predecessor. Such vacancy shall be filled 
in the same manner as the original appointment. 
‘‘(5) PROHIBITING ENGAGEMENT WITH OTHER 
BUSINESS
OR
EMPLOYMENT
DURING
SERVICE.—A 
member of the Commission shall not engage in any 
other business, vocation, or employment. Any indi-
vidual who is engaging in any other business, voca-
tion, or employment at the time of his or her ap-
pointment to the Commission shall terminate or liq-
uidate such activity not later than 90 days after 
such appointment. 
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‘‘(d) REMOVAL.—A member of the Administration 
may be removed by the President only for inefficiency, ne-
glect of duty, or malfeasance in office. 
‘‘SEC. 353. STAFF DIRECTOR. 
‘‘(a) IN GENERAL.—There shall be in the Adminis-
tration a staff director. 
‘‘(b) RESPONSIBILITIES.—The staff director— 
‘‘(1) shall assist the Administration in its ad-
ministration and operations; 
‘‘(2) shall perform such responsibilities as the 
Administration shall prescribe; and 
‘‘(3) may, with the approval of the Chair— 
‘‘(A) appoint and fix the pay of such addi-
tional personnel as the staff director considers 
appropriate without regard to the provisions of 
title 5, United States Code, governing appoint-
ments in the competitive service; and 
‘‘(B) procure temporary and intermittent 
services to the same extent as is authorized by 
section 3109(b) of title 5, United States Code, 
but at rates for individuals not to exceed the 
daily equivalent of the annual rate of basic pay 
in effect for grade GS–15 of the General Sched-
ule (5 U.S.C. 5332). 
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‘‘(c) APPOINTMENT.—The staff director shall be ap-
pointed by the Chair, after consultation with the other 
members of the Administration. 
‘‘(d) OTHER ACTIVITIES.—An individual may not en-
gage in any other business, vocation, or employment while 
serving as the staff director. 
‘‘SEC. 354. GENERAL COUNSEL. 
‘‘(a) IN GENERAL.—There shall be in the Adminis-
tration a general counsel. 
‘‘(b) 
RESPONSIBILITIES.—The 
general 
counsel 
shall— 
‘‘(1) serve as the chief legal officer of the Ad-
ministration; 
‘‘(2) provide legal assistance to the Administra-
tion concerning its programs and policies; 
‘‘(3) advise and assist the Administration in 
carrying out its responsibilities under section 361; 
and 
‘‘(4) represent the Administration in any pro-
ceeding in court or before an administrative law 
judge. 
‘‘(c) APPOINTMENT.—The general counsel shall be 
appointed by the Chair, subject to approval by majority 
vote of the members of the Administration. 
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‘‘SEC. 355. INSPECTOR GENERAL. 
‘‘There shall be in the Administration an inspector 
general. The inspector general and the office of inspector 
general shall be subject to the Inspector General Act of 
1978 (5 U.S.C. App.). 
‘‘CHAPTER 2—OPERATION OF THE 
FEDERAL ELECTION ADMINISTRATION 
‘‘SEC. 361. POWERS OF THE CHAIR AND ADMINISTRATION. 
‘‘(a) CHAIR.— 
‘‘(1) IN
GENERAL.—The Chair shall be the 
chief administrative officer of the Administration 
with the authority to administer the Administration 
and shall, after consultation with the other members 
of the Administration, have the power to appoint or 
remove the staff director and to establish the budget 
of the Administration. 
‘‘(2) OTHER
POWERS.—The Chair has the 
power— 
‘‘(A) to the fullest extent practicable, to re-
quest the assistance of other agencies and de-
partments of the United States, including the 
personnel and facilities of such agencies and de-
partments and the heads of such agencies and 
departments may make available to the Chair 
such personnel, facilities, and other assistance, 
with or without reimbursement; 
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‘‘(B) to appoint, assign, remove, and com-
pensate administrative law judges in accordance 
with title 5, United States Code; 
‘‘(C) to require, by special or general or-
ders, any person to submit, under oath, such 
written reports and answers to questions as the 
Chair may prescribe; 
‘‘(D) to administer oaths or affirmations; 
‘‘(E) to issue and enforce subpoenas in ac-
cordance with section 364; 
‘‘(F) in any proceeding or investigation, to 
order testimony to be taken by deposition be-
fore any person who is designated by the Chair 
and has the power to administer oaths and, in 
such instances, to compel testimony and the 
production of evidence in the same manner as 
authorized under subparagraph (E); 
‘‘(G) to pay witnesses fees and mileage in 
accordance with section 364(d); and 
‘‘(H) to make independent budget requests 
to Congress in accordance with section 362. 
‘‘(b) ADMINISTRATION.—The Administration shall 
have the power— 
‘‘(1) to initiate, defend, or appeal, through the 
general counsel, any civil action in the name of the 
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Administration to enforce the provisions of this Act 
and chapters 95 and 96 of the Internal Revenue 
Code of 1986; 
‘‘(2) to assess civil penalties for violations of 
this Act and chapters 95 and 96 of the Internal 
Revenue Code of 1986; 
‘‘(3) to issue cease-and-desist orders to prevent 
violations of this Act and chapters 95 and 96 of the 
Internal Revenue Code of 1986; 
‘‘(4) to establish procedures and schedules for 
agency adjudication that ensure timely enforcement 
of this Act and chapters 95 and 96 of the Internal 
Revenue Code of 1986; 
‘‘(5) to render advisory opinions under section 
363; 
‘‘(6) to develop prescribed forms, and to make, 
amend, and repeal rules, pursuant to section 365; 
‘‘(7) to establish procedures for alternative dis-
pute resolution of violations of this Act or of chap-
ters 95 or 96 of the Internal Revenue Code of 1986; 
‘‘(8) to conduct investigations and hearings ex-
peditiously, to encourage voluntary compliance, and 
to report apparent violations to the appropriate law 
enforcement authorities; and 
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‘‘(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) NOTICE AND COMMENT.— 
‘‘(1) PUBLICATION OF REQUESTS.—The Admin-
istration shall make public any request made under 
subsection (a) for an advisory opinion. 
‘‘(2) OPPORTUNITY TO COMMENT.— 
‘‘(A) WRITTEN
COMMENTS.—Before ren-
dering an advisory opinion, the Administration 
shall accept written comments submitted by any 
interested party within the 10-day period fol-
lowing the date on which the request is made 
public. 
‘‘(B) TESTIMONY.—To the extent that the 
Commission provides an opportunity for a per-
son requesting an advisory opinion under this 
section (or counsel for such person) to appear 
before the Commission to present testimony in 
support of the request, and the person (or coun-
sel) accepts such opportunity, the Commission 
shall provide a reasonable opportunity for an 
interested party who submitted written com-
ments under subparagraph (A) in response to 
the request (or counsel for such interested 
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party) to appear before the Commission to 
present testimony in response to the request. 
‘‘(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, 
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-
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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 
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-
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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. 
‘‘(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 
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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-
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.— 
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‘‘(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 
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 
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‘‘(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 
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-
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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; 
‘‘(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; 
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‘‘(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). 
‘‘(d) AVAILABILITY OF REPORTS.—Reports or other 
information described in subsection (a) shall be available 
to the public, except that— 
‘‘(1) copies shall be made available without cost, 
upon request, to agencies and branches of the Fed-
eral Government; and 
‘‘(2) information made available as a result of 
the application of paragraph (7) of such subsection 
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shall be made available to the public only upon the 
payment of the cost thereof. 
‘‘SEC. 368. AUDITS AND FIELD EXAMINATIONS. 
‘‘(a) IN GENERAL.—The Administration may, in ac-
cordance with the provisions of this section, conduct audits 
and field investigations of any political committee required 
to file a report under section 304. 
‘‘(b) PRIORITY.—All audits and field investigations 
concerning the verification for, and receipt and use of, any 
payments received by a candidate or committee under 
chapter 95 or 96 of the Internal Revenue Code of 1986 
shall be given priority. 
‘‘(c) AUDITS
AND FIELD EXAMINATIONS WHERE 
THRESHOLDS NOT MET.— 
‘‘(1) INTERNAL REVIEW.—The Administration 
shall conduct an internal review of reports filed by 
selected committees to determine if the reports filed 
by a particular committee meet the threshold re-
quirements for substantial compliance with the Act. 
Such thresholds for compliance shall be established 
by the Administration. 
‘‘(2) AUDITS AND FIELD EXAMINATIONS.—The 
Administration may vote to conduct an audit and 
field investigation of any committee which it deter-
mines under paragraph (1) does not meet the 
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threshold requirements established by the Adminis-
tration. Such audits shall be commenced within 30 
days of such vote, except that any audit under the 
provisions of this subsection of an authorized com-
mittee of a candidate shall be commenced within 6 
months of the election for which such committee is 
authorized. 
‘‘(d) RANDOM AUDITS.— 
‘‘(1) IN GENERAL.—In addition to any audits 
conducted under subsection (c), the Administration 
may, subject to paragraph (2), conduct audits of any 
committee selected at random to ensure compliance 
with this Act. The selection of any committee under 
this paragraph shall be based on standards and pro-
cedures adopted by the Administration, except that 
in any calendar year such audits may be initiated 
against no more than 3 percent of all authorized 
candidate campaign committees. 
‘‘(2) APPLICABLE RULES.— 
‘‘(A) IN GENERAL.—If the Administration 
selects a committee for audit under paragraph 
(1), the Administration shall promptly notify 
the committee of the selection and commence 
the audit within 30 days of the selection. 
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‘‘(B) SPECIAL
RULES
FOR
AUTHORIZED 
COMMITTEES.—If the committee selected under 
paragraph (1) is an authorized committee of a 
candidate, the audit— 
‘‘(i) shall be commenced and actively 
undertaken within 6 months of the election 
for which the committee is authorized; and 
‘‘(ii) may examine compliance with 
this Act only with respect to that election. 
‘‘(3) EXCEPTION.—This subsection shall not 
apply to an authorized committee of a candidate for 
President or Vice President subject to audit under 
section 9007 or 9038 of the Internal Revenue Code 
of 1986. 
‘‘SEC. 369. CONGRESSIONAL OVERSIGHT. 
‘‘Nothing in this Act shall be construed to limit, re-
strict, or diminish any investigatory, informational, over-
sight, supervisory, or disciplinary authority or function of 
Congress or any committee of Congress with respect to 
elections for Federal office. 
‘‘CHAPTER 3—ENFORCEMENT 
‘‘SEC. 371. INITIATION OF ENFORCEMENT ACTIONS BY AD-
MINISTRATION. 
‘‘(a) IN GENERAL.—The Administration may initiate 
a civil enforcement action under section 373 if, after con-
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ducting an investigation, the Administration finds reason-
able grounds to believe that a violation of this Act or of 
chapter 95 or 96 of the Internal Revenue Code of 1986 
has occurred or is about to occur. 
‘‘(b) BASIS
FOR FINDINGS.—The Administration 
may make a finding under subsection (a) based on any 
information available to the Administration, including the 
filing of a complaint under section 372. 
‘‘(c) NOTICE AND OPPORTUNITY TO DEMONSTRATE 
NO VIOLATION.—Prior to initiating an enforcement action 
under subsection (a), the Administration shall give any 
person under investigation notice and the opportunity to 
demonstrate that there are no reasonable grounds to be-
lieve a violation has occurred or is about to occur, but the 
Administration’s decision on such matter shall not be sub-
ject to judicial review. 
‘‘SEC. 372. COMPLAINT TO INITIATE ENFORCEMENT AC-
TION. 
‘‘(a) FILING OF COMPLAINT.— 
‘‘(1) IN GENERAL.—Any person may file a com-
plaint with the Administration alleging a violation of 
this Act or of chapter 95 or 96 of the Internal Rev-
enue Code of 1986. 
‘‘(2) TECHNICAL REQUIREMENTS.—A complaint 
filed under paragraph (1) shall be— 
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‘‘(A) in writing, signed, and sworn to by 
the person filing such complaint; 
‘‘(B) notarized; and 
‘‘(C) made under penalty of perjury and 
subject to the provisions of section 1001 of title 
18, United States Code. 
‘‘(3) ACTION BY THE ADMINISTRATION.—Sub-
ject to paragraph (4), based on the allegations in a 
complaint filed under paragraph (1), and such inves-
tigations the Administration deems necessary and 
appropriate, the Administration may— 
‘‘(A) initiate a civil enforcement action 
under section 373 if the Administration finds 
reasonable grounds to believe a violation has oc-
curred or is about to occur; or 
‘‘(B) dismiss the complaint. 
‘‘(4) 
PROHIBITION
OF
ANONYMOUS
COM-
PLAINTS.—The Commission may not conduct any 
investigation or take any other action under this sec-
tion solely on the basis of a complaint of a person 
whose identity is not disclosed to the Administration. 
‘‘(5) RECOVERY OF COSTS.—Any person who 
has filed a complaint under paragraph (1) shall be 
entitled to recover from the Administration up to 
$1,000 of the costs incurred in preparing and filing 
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the complaint if, based on the complaint, the Admin-
istration— 
‘‘(A) makes a finding under section 373(a) 
that a person has violated (or is about to vio-
late) the Act; or 
‘‘(B) enters into a conciliation agreement 
with a person under section 373(c). 
‘‘(b) NOTICE AND OPPORTUNITY TO DEMONSTRATE 
NO VIOLATION.—Prior to initiating an enforcement action 
under subsection (a)(3)(A), the Administration shall give 
any person named in a complaint notice and an oppor-
tunity to demonstrate that there are no reasonable 
grounds to believe a violation described in such subsection 
has occurred or is about to occur, but the Administration’s 
determination under subsection (a)(3) shall not be subject 
to judicial review in an action brought by such person. 
‘‘(c) FAILURE BY THE ADMINISTRATION TO TAKE 
TIMELY ACTION.— 
‘‘(1) IN GENERAL.—If the Administration— 
‘‘(A) dismisses a complaint filed under 
subsection (a); or 
‘‘(B) fails to initiate a civil enforcement ac-
tion under section 373 within 180 days of the 
filing of such a complaint, 
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the person filing the complaint under subsection (a) 
may seek judicial review of the Administration’s dis-
missal, or failure to act, in Federal district court in 
the District of Columbia or in the district in which 
such person resides. 
‘‘(2) SCOPE OF REVIEW.—The court shall re-
view the Administration’s dismissal of the complaint 
or failure to act in accordance with the provisions of 
section 706 of title 5, United States Code. 
‘‘(3) COURT
ORDERS.—The court may order 
the Administration to initiate an enforcement action 
or to conduct a further investigation of the com-
plaint within a time set by the court. 
‘‘SEC. 373. CIVIL ENFORCEMENT ACTIONS. 
‘‘(a) IN GENERAL.—The Administration shall have 
the authority to impose a civil monetary penalty under sec-
tion 375, issue a cease-and-desist order under section 376, 
or do both, if the Administration finds, by an order made 
on the record after notice and an opportunity for hearing 
before an administrative law judge pursuant to subchapter 
II of chapter 5 of title 5, United States Code, that a per-
son has violated (or, in the case of a cease-and-desist 
order, has violated or is about to violate) this Act or chap-
ter 95 or 96 of the Internal Revenue Code of 1986. The 
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general counsel shall represent the Administration in any 
proceeding before an administrative law judge. 
‘‘(b) NOTICE AND REQUEST FOR HEARING.— 
‘‘(1) NOTICE.—If the Administration finds 
under section 371 or 372 that there are reasonable 
grounds to believe a violation has occurred or is 
about to occur, the Administration shall serve writ-
ten notice of the charges on each respondent, and 
shall conduct such further investigation as the Ad-
ministration deems necessary and appropriate. 
‘‘(2) REQUEST FOR HEARING.—Each respond-
ent shall have an opportunity to request, prior to the 
date that is 30 days after the date on which the no-
tice is received, a hearing on the charges before an 
administrative law judge. 
‘‘(3) EFFECT
OF
FAILURE
TO
REQUEST
A 
HEARING.—If no hearing is requested, the Adminis-
tration shall make a finding on the charges, and 
shall issue whatever relief the Administration deems 
appropriate under sections 375 and 376. 
‘‘(c) CONCILIATION.— 
‘‘(1) PROCEDURES FOR ENTERING INTO CON-
CILIATION AGREEMENTS.— 
‘‘(A) IN GENERAL.—If the respondent re-
quests a hearing under subsection (b)(2), the 
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Administration shall attempt, for a period that 
does not exceed 60 days (or 15 days if the hear-
ing is requested within 60 days of an election), 
to correct or prevent such violation by informal 
methods of conference, conciliation, and persua-
sion, and to enter into a conciliation agreement 
with the respondent. In the case of a hearing 
that is requested at a time other than within 60 
days of an election, the period for conciliation 
shall not be less than 30 days unless an agree-
ment is reached before then. 
‘‘(B) INCLUSION OF CIVIL MONETARY PEN-
ALTIES.—A conciliation agreement may include 
a requirement that the person involved in such 
conciliation shall pay a civil monetary penalty 
that does not exceed the amounts set forth in 
subsection (a) of section 375 or, in the case of 
a knowing and willful violation, the amounts set 
forth in subsection (b) of such section. The con-
ciliation agreement may also include the re-
quirement that the person involved consent to 
the terms of a cease-and-desist order, as pro-
vided in section 376. 
‘‘(C) 
REPRESENTATION
BY
GENERAL 
COUNSEL.—The general counsel shall represent 
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the Administration in any negotiations for a 
conciliation agreement and any such concilia-
tion agreement shall be subject to the approval 
of the Administration. 
‘‘(D) BAR TO FURTHER ACTION.—A con-
ciliation agreement, unless violated, is a com-
plete bar to any further action by the Adminis-
tration. 
‘‘(2) CONFIDENTIALITY.—No action by the Ad-
ministration or any other person, and no informa-
tion derived in connection with any conciliation at-
tempt by the Administration may be made public by 
the Administration, without the written consent of 
the respondent, except that if a conciliation agree-
ment is agreed upon and signed by the Administra-
tion and the respondent, the Administration shall 
make such agreement public. 
‘‘(3) VIOLATION
OF
CONCILIATION
AGREE-
MENT.—In any case in which a person has entered 
into a conciliation agreement with the Administra-
tion under paragraph (1), the Administration may 
institute a civil action for relief if the Administration 
believes the person has violated any provision of 
such conciliation agreement. Such civil action shall 
be brought in the Federal district court for the dis-
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trict in which the respondent resides or has its prin-
cipal place of business, or for the District of Colum-
bia. Such court shall have jurisdiction to issue any 
relief appropriate under sections 375 and 376. For 
the Administration to obtain relief in any such ac-
tion, the Administration need only establish that the 
person has violated, in whole or in part, any require-
ment of such conciliation agreement. 
‘‘(d) HEARING.—At the request of any respondent, 
a hearing on the charges served under subsection (b)(1) 
shall be conducted before an administrative law judge, who 
shall make such findings of fact and conclusions of law 
as the administrative law judge deems appropriate. The 
administrative law judge shall also have the authority to 
impose a civil monetary penalty on the respondent, issue 
a cease-and-desist order, or both. The decision of the ad-
ministrative law judge shall constitute final agency action 
unless an appeal is taken under subsection (e). 
‘‘(e) APPEAL TO ADMINISTRATION.— 
‘‘(1) RIGHT TO APPEAL.—The general counsel 
and each respondent shall each have a right to ap-
peal to the Administration from any final determina-
tion made by an administrative law judge. 
‘‘(2) REVIEW
OF
ALJ
DETERMINATIONS.—In 
the event of an appeal under paragraph (1), the Ad-
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ministration shall review the determination of the 
administrative law judge to determine whether— 
‘‘(A) a finding of material fact is not sup-
ported by substantial evidence; 
‘‘(B) a conclusion of law is erroneous; 
‘‘(C) the determination of the administra-
tive law judge is contrary to law or to the duly 
promulgated rules or decisions of the Adminis-
tration; 
‘‘(D) a prejudicial error of procedure was 
committed; or 
‘‘(E) the decision or the relief ordered is 
otherwise arbitrary, capricious, or an abuse of 
discretion. 
‘‘(3) FINAL AGENCY ACTION.—The decision of 
the Administration shall constitute final agency ac-
tion. 
‘‘(f) JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Any party aggrieved by a 
final agency action and who has exhausted all ad-
ministrative remedies, including requesting a hearing 
before an administrative law judge and appealing an 
adverse decision of an administrative law judge to 
the Administration, may obtain judicial review of 
such action in the United States Court of Appeals 
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for any circuit wherein such person resides or has its 
principal place of business, or 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. 
‘‘(3) PETITION FOR JUDICIAL REVIEW.—To ob-
tain judicial review under paragraph (1), an ag-
grieved party described in such paragraph shall file 
a petition with the court during the 30-day period 
beginning on the date on which the order was 
issued. A copy of such petition shall be transmitted 
forthwith by the clerk of the court to the Adminis-
tration, and thereupon the Administration shall file 
in the court the record upon which the order com-
plained of was entered, as provided in section 2112 
of title 28, United States Code. 
‘‘SEC. 374. NOTIFICATION OF NONFILERS. 
‘‘(a) NOTIFICATION.—Before taking any action under 
section 373 against any person who has failed to file a 
report required under section 304(a)(2)(A)(iii) for the cal-
endar quarter immediately preceding the election involved, 
or in accordance with section 304(a)(2)(A)(i), the Admin-
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istration shall notify the person of such failure to file the 
required reports. 
‘‘(b) OPPORTUNITY FOR RESPONSE.—If a satisfac-
tory response is not received within 4 business days after 
the date of notification, the Administration shall, pursuant 
to section 367(a)(6), publish before the election the name 
of the person and the report or reports such person has 
failed to file. 
‘‘SEC. 375. CIVIL MONETARY PENALTIES. 
‘‘(a) IN GENERAL.—Any person who violates this 
Act, or chapter 95 or 96 of the Internal Revenue Code 
of 1986, shall be liable to the United States for a civil 
monetary penalty for each violation which does not exceed 
the greater of $5,000 or an amount equal to any contribu-
tion or expenditure involved in such violation. Such pen-
alty shall be imposed by the Administration pursuant to 
section 373. 
‘‘(b) KNOWING
AND WILLFUL VIOLATIONS.—Any 
person who commits a knowing and willful violation of this 
Act, or of chapter 95 or 96 of the Internal Revenue Code 
of 1986, shall be liable to the United States for a civil 
monetary penalty for each violation which does not exceed 
the greater of $10,000 or an amount equal to 200 percent 
of any contribution or expenditure involved in such viola-
tion (or, in the case of a violation of section 320, which 
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is not less than 300 percent of the amount involved in 
the violation and is not more than the greater of $50,000 
or 1,000 percent of the amount involved in the violation). 
Such penalty shall be imposed by the Administration pur-
suant to section 373. 
‘‘(c) DETERMINATION
OF CIVIL MONETARY PEN-
ALTY.—In determining the amount of a civil monetary 
penalty under this section with respect to a violation de-
scribed in this section, the Administration or an adminis-
trative law judge shall take into account the nature, cir-
cumstances, extent, and gravity of the violation and, with 
respect to the violator, any prior violation, the degree of 
culpability, and such other matters as justice may require. 
‘‘(d) REFERRAL TO ATTORNEY GENERAL.— 
‘‘(1) IN GENERAL.—If the Administration de-
termines that a knowing and willful violation of this 
Act which is subject to section 379, or a knowing 
and willful violation of chapter 95 or 96 of the Inter-
nal Revenue Code of 1986, has occurred or is about 
to occur, the Administration may refer such appar-
ent violation to the Attorney General without regard 
to any limitations set forth under section 373. 
‘‘(2) REPORTING
BY
THE
ATTORNEY
GEN-
ERAL.—Whenever the Administration refers an ap-
parent violation to the Attorney General, the Attor-
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ney General shall report to the Administration any 
action taken by the Attorney General regarding the 
apparent violation. Each report shall be transmitted 
within 60 days after the date the Administration re-
fers an apparent violation, and every 30 days there-
after until the final disposition of the apparent viola-
tion. 
‘‘SEC. 376. CEASE-AND-DESIST ORDERS. 
‘‘(a) IN GENERAL.—If the Administration finds, 
after notice and opportunity for hearing under section 
373, that any person is violating, has violated, or is about 
to violate any provision of this Act, or chapter 95 or 96 
of the Internal Revenue Code of 1986, or any rule or regu-
lation thereunder, the Administration may publish any 
findings and enter an order requiring such person, or any 
other person that is, was, or would be a cause of the viola-
tion due to an act or omission the person knew or should 
have known would contribute to such violation, to cease 
and desist from committing or causing such violation and 
any future violation of the same provision, rule, or regula-
tion. Such order may, in addition to requiring a person 
to cease and desist from committing or causing a violation, 
require such person to comply (or to take steps to effect 
compliance) with such provision, rule, or regulation, upon 
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such terms and conditions and within such time as the 
Administration may specify in such order. 
‘‘(b) TEMPORARY ORDER.—Whenever the Adminis-
tration determines that an alleged violation or threatened 
violation specified in the notice initiating a civil enforce-
ment action under section 373, or the continuation there-
of, is likely to result in violation of this Act, or of chapter 
95 or 96 of the Internal Revenue Code of 1986, and sub-
stantial harm to the public interest, the Administration 
may apply to the Federal district court for the district in 
which the respondent resides or has its principal place of 
business, in which the alleged or threatened violation oc-
curred or is about to occur, or for the District of Colum-
bia, for a temporary restraining order or a preliminary 
injunction requiring the respondent to cease and desist 
from the violation or threatened violation and to take such 
action to prevent the violation or threatened violation. The 
Administration may apply for such order without regard 
to any limitation under section 373. 
‘‘SEC. 377. COLLECTION. 
‘‘If any person fails to pay an assessment of a civil 
penalty— 
‘‘(1) after the order making the assessment has 
become a final order and such person has not timely 
filed a petition for judicial review of the order in ac-
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cordance with section 373(f)(3) or if the order of the 
Administration is upheld after judicial review; or 
‘‘(2) after a court in an action brought under 
section 373(c)(3) has entered a final judgment no 
longer subject to appeal in favor of the Administra-
tion, 
the Attorney General shall recover the amount assessed 
(plus interest at currently prevailing rates from the date 
of the expiration of the 30-day period referred to in section 
373(f)(3) or the date of such final judgment, as the case 
may be) in an action brought in any appropriate district 
court of the United States. In such an action, the validity, 
amount, and appropriateness of such penalty shall not be 
subject to review. 
‘‘SEC. 378. CONFIDENTIALITY. 
‘‘(a) PRIOR
TO
A
FINDING
OF
REASONABLE 
GROUNDS.—Any proceedings conducted by the Adminis-
tration prior to a finding that there are reasonable 
grounds to believe a violation of the law has occurred or 
is about to occur, including any investigation pursuant to 
section 371 or pursuant to a complaint filed under section 
372, shall be confidential and none of the Administration’s 
records concerning the complaint shall be made public, ex-
cept that the person filing a complaint pursuant to section 
372 is permitted to make such complaint public. 
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‘‘(b) 
AFTER
A
FINDING
OF
REASONABLE 
GROUNDS.—Except as provided in subsection (d), if the 
Administration makes a finding pursuant to section 371 
or 372 that there are reasonable grounds to believe that 
a violation of law has occurred or is about to occur— 
‘‘(1) the finding of the Administration as well 
as any complaint filed under section 372, any notice 
of charges, and any answer or similar documents 
filed with the Administration shall be made public; 
and 
‘‘(2) all proceedings conducted before an admin-
istrative law judge under section 373, and all docu-
ments used during such proceedings, shall be made 
public. 
‘‘(c) AFTER DISMISSAL OF A COMPLAINT OR CON-
CLUSION OF PROCEEDINGS FOLLOWING A FINDING OF 
REASONABLE GROUNDS.—Subject to subsection (d), fol-
lowing the Administration’s dismissal of a complaint filed 
under section 372 or the termination of proceedings fol-
lowing a finding of reasonable grounds under section 371 
or 372, the Administration shall, not later than the date 
that is 30 days after such dismissal or termination, make 
public— 
‘‘(1) the complaint, any notice of charges, and 
any answer or similar documents filed with the Ad-
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ministration (unless such information has already 
been made public under subsection (b)(1)); 
‘‘(2) any order setting forth the Administra-
tion’s final action on the complaint; 
‘‘(3) any findings made by the Administration 
in relation to the action; and 
‘‘(4) all documentary materials and testimony 
constituting the record on which the Administration 
relied in taking its actions. 
Subject to subsection (d), the affirmative disclosure re-
quirement of this subsection is without prejudice to the 
right of any person to request and obtain records relating 
to an investigation under section 552 of title 5, United 
States Code. 
‘‘(d) CONFIDENTIALITY
OF RECORDS
AND PRO-
CEEDINGS OTHERWISE SUBJECT TO DISCLOSURE.— 
‘‘(1) IN GENERAL.—The Administration shall 
issue regulations providing for the protection of in-
formation the disclosure of which under subsection 
(b) or (c) would impair any person’s constitutionally 
protected right of privacy, freedom of speech, or 
freedom of association. The Administration shall 
also issue regulations addressing the application of 
exemptions from disclosure contained in section 552 
of title 5, United States Code, to records comprising 
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the Administration’s investigative files. Such regula-
tions shall consider the need to protect any person’s 
constitutionally protected rights to privacy, freedom 
of speech, and freedom of association, as well as the 
need to make information about the Administra-
tion’s activities and decisions widely accessible to the 
public. 
‘‘(2) 
PETITION
TO
MAINTAIN
CONFIDEN-
TIALITY.— 
‘‘(A) IN GENERAL.—Any person who would 
be adversely affected by any disclosure of infor-
mation about the person made pursuant to sub-
section (b) or (c), or by the conduct in public 
of a hearing or other proceeding conducted pur-
suant to section 373, shall have the right to pe-
tition the Administration to maintain the con-
fidentiality of such information or such pro-
ceeding on the ground that such information 
falls within the scope of any exemption from 
disclosure contained in section 552 of title 5, 
United States Code, or is prohibited from dis-
closure under the Administration’s regulations, 
the Constitution, or any other provision of law. 
Upon the receipt of such petition, the Adminis-
tration shall make a prompt determination 
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whether the information should be kept con-
fidential, and shall withhold such information 
from disclosure pending this determination. The 
Administration shall notify the petitioner in 
writing of the determination. 
‘‘(B) REGULATIONS.—The Administration 
shall prescribe regulations governing the consid-
eration of petitions under this paragraph. Such 
regulations shall provide for public notice of the 
pendancy of any petition filed under subpara-
graph (A) and the right of any interested party 
to respond to or comment on such petition. 
‘‘(e) PENALTIES.—Any member or employee of the 
Administration, or any other person, who violates the pro-
visions of this section shall be fined not more than $2,000. 
Any such member, employee, or other person who know-
ingly and willfully violates the provisions of this section 
shall be fined not more than $5,000. 
‘‘SEC. 379. CRIMINAL PENALTIES. 
‘‘(a) KNOWING
AND WILLFUL VIOLATIONS.—Any 
person who knowingly and willfully commits a violation of 
any provision of this Act that involves the making, receiv-
ing, or reporting of any contribution, donation, or expendi-
ture— 
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100 
‘‘(1) aggregating $25,000 or more during a cal-
endar year shall be fined under title 18, United 
States Code, or imprisoned for not more than 5 
years, or both; or 
‘‘(2) aggregating $2,000 or more (but less than 
$25,000) during a calendar year shall be fined under 
such title, or imprisoned for not more than 1 year, 
or both. 
‘‘(b) CONTRIBUTIONS
OR EXPENDITURES
BY NA-
TIONAL BANKS, CORPORATIONS, OR LABOR ORGANIZA-
TIONS.—In the case of a knowing and willful violation of 
section 316(b)(3), the penalties set forth in subsection (a) 
shall apply to each violation involving an amount aggre-
gating $250 or more during a calendar year. Such a viola-
tion of section 316(b)(3) may incorporate a violation of 
section 317(a), 320, or 321. 
‘‘(c) FRAUDULENT MISREPRESENTATION OF CAM-
PAIGN AUTHORITY.—In the case of a knowing and willful 
violation of section 322, the penalties set forth in sub-
section (a) shall apply without regard to whether the mak-
ing, receiving, or reporting of a contribution or expendi-
ture of $1,000 or more is involved. 
‘‘(d) PROHIBITION OF CONTRIBUTIONS IN NAME OF 
ANOTHER.—Any person who knowingly and willfully com-
mits a violation of section 320 involving an amount aggre-
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101 
gating more than $10,000 during a calendar year shall 
be— 
‘‘(1) imprisoned for not more than 2 years if 
the amount is less than $25,000 and subject to im-
prisonment under subsection (a) if the amount is 
$25,000 or more; 
‘‘(2) fined not less than 300 percent of the 
amount involved in the violation and not more than 
the greater of— 
‘‘(A) $50,000; or 
‘‘(B) 1,000 percent of the amount involved 
in the violation; or 
‘‘(3) both imprisoned as provided under para-
graph (1) and fined as provided under paragraph 
(2). 
‘‘(e) EFFECT OF CONCILIATION AGREEMENTS.— 
‘‘(1) EVIDENCE OF LACK OF KNOWLEDGE AND 
INTENT.—In any criminal action brought for a viola-
tion of any provision of this Act or of chapter 95 or 
96 of the Internal Revenue Code of 1986, any de-
fendant may evidence their lack of knowledge or in-
tent to commit the alleged violation by introducing 
as evidence a conciliation agreement entered into be-
tween the defendant and the Administration under 
section 373(c)(1) which specifically deals with the 
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102 
act or failure to act constituting such violation and 
which is still in effect. 
‘‘(2) CONSIDERATION
BY
COURTS.—In any 
criminal action brought for a violation of any provi-
sion of this Act or of chapter 95 or 96 of the Inter-
nal Revenue Code of 1986, the court before which 
such action is brought shall take into account, in 
weighing the seriousness of the violation and in con-
sidering the appropriateness of the penalty to be im-
posed if the defendant is found guilty, whether— 
‘‘(A) the specific act or failure to act which 
constitutes the violation for which the action 
was brought is the subject of a conciliation 
agreement entered into between the defendant 
and the Administration under section 373(c)(1); 
‘‘(B) the conciliation agreement is in ef-
fect; and 
‘‘(C) the defendant is, with respect to the 
violation involved, in compliance with the concil-
iation agreement. 
‘‘SEC. 380. PERIOD OF LIMITATIONS. 
‘‘No person shall be prosecuted, tried, or punished 
for any violation of this Act, unless the indictment is found 
or the information is instituted within 5 years after the 
date of the violation. 
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103 
‘‘SEC. 381. AUTHORIZATION OF APPROPRIATIONS. 
‘‘For each fiscal year, there are authorized to be ap-
propriated to the Administration such sums as may be 
necessary for the purpose of carrying out its functions 
under this Act and under chapters 95 and 96 of the Inter-
nal Revenue Code of 1986.’’. 
SEC. 1312. EXECUTIVE SCHEDULE POSITIONS. 
(a) EXECUTIVE SCHEDULE LEVEL III POSITION.— 
Section 5314 of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘Chair, Federal Election Administration.’’. 
(b) EXECUTIVE SCHEDULE LEVEL IV POSITIONS.— 
Section 5315 of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘Members (other than the Chair), Federal Elec-
tion Administration. 
‘‘Inspector General, Federal Election Adminis-
tration.’’. 
SEC. 1313. GAO EXAMINATION OF ENFORCEMENT OF CAM-
PAIGN FINANCE LAWS BY THE DEPARTMENT 
OF JUSTICE. 
(a) EXAMINATION.—The Comptroller General of the 
United States shall conduct a thorough examination of the 
enforcement of the criminal provisions of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) 
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104 
and chapters 95 and 96 of the Internal Revenue Code of 
1986 by the Attorney General. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall 
submit to the Attorney General and Congress a report on 
the examination conducted under subsection (a) together 
with recommendations on how the Attorney General may 
improve the enforcement of the criminal provisions of the 
Federal Election Campaign Act of 1971 (52 U.S.C. 30101 
et seq.) and chapters 95 and 96 of the Internal Revenue 
Code of 1986, including recommendations on the re-
sources that the Attorney General would require to effec-
tively enforce such criminal provisions. 
SEC. 1314. GAO STUDY AND REPORT ON APPROPRIATE 
FUNDING LEVELS. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct an ongoing study on the level of fund-
ing that constitutes an adequate level of resources for the 
Federal Election Administration to competently execute 
the responsibilities imposed on the Administration by this 
Act and the amendments made by this Act. 
(b) REPORT.—Not later than 1 year after the date 
of enactment of this Act, and once every 2 years there-
after, the Comptroller General shall submit to the Director 
of the Office of Management and Budget and Congress 
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105 
a report on the study conducted under subsection (a) to-
gether with recommendations for such legislation and ad-
ministrative action as the Comptroller General determines 
to be appropriate. 
SEC. 1315. CONFORMING AMENDMENTS. 
(a) INDEPENDENT AGENCY.—Section 104 of title 5, 
United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘and’’ after 
the semicolon; 
(2) in paragraph (2), by striking the period and 
inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) the Federal Election Administration.’’. 
(b) COVERAGE UNDER INSPECTOR GENERAL ACT.— 
Section 8G(a)(2) of the Inspector General Act of 1978 (5 
U.S.C. App.) is amended by striking ‘‘Federal Election 
Commission’’ and inserting ‘‘Federal Election Administra-
tion’’. 
(c) COVERAGE
OF
PERSONNEL
UNDER
HATCH 
ACT.—Section 7323(b) of title 5, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘Federal Elec-
tion Commission’’ and inserting ‘‘Federal Election 
Administration’’; and 
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106 
(2) in paragraph (2)(B)(i)(I), by striking ‘‘Fed-
eral Election Commission’’ and inserting ‘‘Federal 
Election Administration’’. 
(d) REMOVAL OF EXCLUSION FROM SENIOR EXECU-
TIVE SERVICE.—Section 3132(a)(1) of title 5, United 
States Code, is amended by striking subparagraph (C) and 
by redesignating subparagraphs (D), (E), and (F) as sub-
paragraphs (C), (D), and (E), respectively. 
(e) SUBTITLE A.—Title III of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 
amended by inserting before section 301 the following: 
‘‘Subtitle A—General Provisions’’. 
PART 2—TRANSITION PROVISIONS 
SEC. 1321. TRANSFER OF FUNCTIONS OF FEDERAL ELEC-
TION COMMISSION. 
There are transferred to the Federal Election Admin-
istration established under section 351 of the Federal 
Election Campaign Act of 1971 (as added by section 
1311) all functions that the Federal Election Commission 
exercised before the date described in section 1326(a). 
SEC. 1322. TRANSFER OF PROPERTY, RECORDS, AND PER-
SONNEL. 
(a) PROPERTY AND RECORDS.—The contracts, liabil-
ities, records, property, and other assets and interests of, 
or made available in connection with, the offices and func-
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107 
tions of the Federal Election Commission which are trans-
ferred by this title are transferred to the Federal Election 
Administration. 
(b) PERSONNEL.—The personnel employed in con-
nection with the offices and functions of the Federal Elec-
tion Commission which are transferred by this title are 
transferred to the Federal Election Administration. 
SEC. 1323. REPEALS. 
(a) PROVISIONS OF THE FEDERAL ELECTION CAM-
PAIGN ACT OF 1971.—The following provisions of the 
Federal Election Campaign Act of 1971 are repealed: 
(1) Section 306 (52 U.S.C. 30106). 
(2) Section 307 (52 U.S.C. 30107). 
(3) Section 308 (52 U.S.C. 30108). 
(4) Section 309 (52 U.S.C. 30109). 
(5) Section 310 (52 U.S.C. 30110). 
(6) Section 311 (52 U.S.C. 30111). 
(7) Section 314 (52 U.S.C. 30115). 
(8) Section 406 (52 U.S.C. 30145). 
(b) OTHER PROVISIONS.—Section 403 of the Bipar-
tisan Campaign Reform Act of 2002 (52 U.S.C. 30110 
note) is repealed. 
SEC. 1324. CONFORMING AMENDMENTS. 
(a) Title III of the Federal Election Campaign Act 
of 1971 (52 U.S.C. 30101 et seq.) is amended— 
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108 
(1) in section 301, by striking paragraph (10) 
and inserting the following: 
‘‘(10) The term ‘Administration’ means the Federal 
Election Administration.’’; 
(2) by striking ‘‘Federal Election Commission’’ 
and inserting ‘‘Administration’’ each place it ap-
pears; and 
(3) by striking ‘‘Commission’’ and inserting 
‘‘Administration’’ each place it appears. 
(b) Section 3502(1)(B) of title 44, United States 
Code, is amended by striking ‘‘Federal Election Commis-
sion’’ and inserting ‘‘Federal Election Administration’’. 
(c) Section 207(j)(7)(B)(i) of title 18, United States 
Code, is amended by striking ‘‘the Federal Election Com-
mission by a former officer or employee of the Federal 
Election Commission’’ and inserting ‘‘the Federal Election 
Administration by a former officer or employee of the Fed-
eral Election Commission or the Federal Election Admin-
istration’’. 
(d) Section 103 of the Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended— 
(1) in subsection (e), by striking ‘‘the Federal 
Election Commission’’ and inserting ‘‘the Federal 
Election Administration’’; and 
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111 
(2) NEW
REGULATIONS.—Not later than 90 
days after the date of the enactment of this Act, the 
Federal Election Commission shall promulgate new 
regulations on disclosure of electioneering commu-
nications under section 304(f) of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30104(f)). 
The regulations promulgated under this paragraph 
shall require the disclosure of the identification of all 
persons who make a contribution to a person who 
makes an electioneering communication and shall 
not limit such disclosure to only to persons who 
make contributions for the purpose of furthering 
electioneering communications, or any similar limita-
tion on the scope of such disclosure. 
(b) REGULATIONS ON SOLICITATIONS AT NON-FED-
ERAL FUNDRAISING EVENTS.— 
(1) IN GENERAL.—Effective on the date that is 
90 days after the date of the enactment of this Act, 
the regulations on participation by Federal can-
didates and officeholders at non-Federal fundraising 
events adopted by the Federal Election Commission 
and published in the Federal Register at page 24383 
of volume 75 on May 5, 2010, are repealed. 
(2) NEW
REGULATIONS.—Not later than 90 
days after enactment of this Act, the Federal Elec-
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112 
tion Commission shall promulgate new regulations 
on participation by Federal candidates and office-
holders in non-Federal fundraising events. The regu-
lations shall limit the participation by Federal can-
didates and officeholders in such events to attend-
ing, speaking, or being a featured guest at a fund-
raising event for a State, district, or local committee 
of a political party, and shall not allow Federal can-
didates and officeholders to participate in or solicit 
funds at any other fundraising event where non-Fed-
eral funds are raised. 
SEC. 1326. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in section 
1325, this subtitle and the amendments made by this sub-
title shall take effect on the date that is 6 months after 
the date of enactment of this Act. 
(b) TERMINATION OF THE FEDERAL ELECTION COM-
MISSION.—Notwithstanding any other provision of, or 
amendment made by, this Act, the members of the Federal 
Election Commission shall be removed from office on the 
date described in subsection (a). 
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113 
TITLE II—CLOSE THE 20- 
PERCENT LOBBYING LOOPHOLE 
SEC. 2001. LOBBYIST REGISTRATION REFORMS. 
Section 3(10) of the Lobbying Disclosure Act of 1995 
(2 U.S.C. 1602(10)) is amended by striking ‘‘contact, 
other than’’ and all that follows through ‘‘3-month pe-
riod.’’ and inserting ‘‘contact over a 2-year period.’’. 
TITLE III—REVOLVING DOOR 
REFORM 
SEC. 3001. SHORT TITLE. 
This title may be cited as the ‘‘Financial Services 
Conflict of Interest Act’’. 
SEC. 3002. RESTRICTIONS ON PRIVATE SECTOR PAYMENT 
FOR GOVERNMENT SERVICE. 
Section 209 of title 18, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘any salary’’ and inserting 
‘‘any bonus, salary’’; and 
(B) by striking ‘‘his services’’ and inserting 
‘‘services rendered or to be rendered’’; and 
(2) in subsection (b)— 
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(B) by adding at the end the following: 
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114 
‘‘(2) For purposes of paragraph (1), a pension, retire-
ment, group life, health or accident insurance, profit-shar-
ing, stock bonus, or other employee welfare or benefit plan 
that makes payment of compensation contingent on ac-
cepting a position in the Federal Government shall not 
be considered bona fide. 
‘‘(3) For purposes of paragraph (2), compensation in-
cludes a retention award or bonus, severance pay, and any 
other payment linked to future service in the Federal Gov-
ernment in any way.’’. 
SEC. 3003. REQUIREMENTS RELATING TO SLOWING THE RE-
VOLVING DOOR AMONG FINANCIAL SERVICES 
REGULATORS. 
(a) IN GENERAL.—The Ethics in Government Act of 
1978 (5 U.S.C. App.) is amended by adding at the end 
the following: 
‘‘TITLE VI—SPECIAL REQUIRE-
MENTS FOR FINANCIAL SERV-
ICES REGULATORS 
‘‘SEC. 601. DEFINITIONS. 
‘‘(a) IN GENERAL.—In this title, the terms ‘des-
ignated agency ethics official’ and ‘executive branch’ have 
the meanings given such terms under section 109. 
‘‘(b) OTHER DEFINITIONS.—In this title: 
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115 
‘‘(1) COVERED FINANCIAL SERVICES AGENCY.— 
The term ‘covered financial services agency’— 
‘‘(A) means a primary financial regulatory 
agency (as defined in section 2 of the Dodd- 
Frank Wall Street Reform and Consumer Pro-
tection Act (12 U.S.C. 5301)); and 
‘‘(B) includes— 
‘‘(i) the Board of Governors of the 
Federal Reserve System; 
‘‘(ii) the Office of the Comptroller of 
the Currency; 
‘‘(iii) the Federal Deposit Insurance 
Corporation; 
‘‘(iv) the National Credit Union Ad-
ministration; 
‘‘(v) the Securities and Exchange 
Commission; 
‘‘(vi) the Federal Housing Finance 
Agency; 
‘‘(vii) the Bureau of Consumer Finan-
cial Protection; 
‘‘(viii) the Commodity Futures Trad-
ing Commission; and 
‘‘(ix) the Department of the Treasury. 
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116 
‘‘(2) COVERED
FINANCIAL
SERVICES
REGU-
LATOR.—The term ‘covered financial services regu-
lator’ means an officer or employee of a covered fi-
nancial services agency who occupies— 
‘‘(A) a supervisory position classified above 
GS–15 of the General Schedule; 
‘‘(B) in the case of a position not under 
the General Schedule, a supervisory position for 
which the rate of basic pay is not less than 120 
percent of the minimum rate of basic pay for 
GS–15 of the General Schedule; or 
‘‘(C) any other supervisory position deter-
mined to be of equal classification by the Direc-
tor of the Office of Government Ethics. 
‘‘(3) FORMER CLIENT.—The term ‘former cli-
ent’— 
‘‘(A) means a person for whom a covered 
financial services regulator served personally as 
an agent, attorney, or consultant during the 2- 
year period ending on the date (after such serv-
ice) on which the covered financial services reg-
ulator begins service in the Federal Govern-
ment; and 
‘‘(B) does not include— 
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117 
‘‘(i) instances in which the service 
provided was limited to a speech or similar 
appearance; or 
‘‘(ii) a client of the former employer 
of the covered financial services regulator 
to whom the covered financial services reg-
ulator did not personally provide such serv-
ices. 
‘‘(4) FORMER EMPLOYER.—The term ‘former 
employer’— 
‘‘(A) means a person for whom a covered 
financial services regulator served as an em-
ployee, officer, director, trustee, or general part-
ner during the 2-year period ending on the date 
(after such service) on which the covered finan-
cial services regulator begins service in the Fed-
eral Government; and 
‘‘(B) does not include— 
‘‘(i) an entity in the Federal Govern-
ment, including an executive branch agen-
cy; 
‘‘(ii) a State or local government; 
‘‘(iii) the District of Columbia; 
‘‘(iv) an Indian tribe, as defined in 
section 4 of the Indian Self-Determination 
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118 
and Education Assistance Act (25 U.S.C. 
450b); or 
‘‘(v) the government of a territory or 
possession of the United States. 
‘‘SEC. 602. CONFLICT OF INTEREST AND ELIGIBILITY 
STANDARDS FOR FINANCIAL SERVICES REG-
ULATORS. 
‘‘(a) IN GENERAL.—A covered financial services reg-
ulator shall not make, participate in making, or in any 
way attempt to use the official position of the covered fi-
nancial services regulator to influence a particular matter 
that provides a direct and substantial pecuniary benefit 
for a former employer or former client of the covered fi-
nancial services regulator. 
‘‘(b) RECUSAL.—A covered financial services regu-
lator shall recuse himself or herself from any official ac-
tion that would violate subsection (a). 
‘‘(c) WAIVER.— 
‘‘(1) IN GENERAL.—The head of the covered fi-
nancial services agency employing a covered financial 
services regulator, in consultation with the Director 
of the Office of Government Ethics, may grant a 
written waiver of the restrictions under subsection 
(a) if, and to the extent that, the head of the cov-
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119 
ered financial services agency certifies in writing 
that— 
‘‘(A) the application of the restriction to 
the particular matter is inconsistent with the 
purposes of the restriction; or 
‘‘(B) it is in the public interest to grant 
the waiver. 
‘‘(2) PUBLICATION.—The Director of the Office 
of Government Ethics shall make each waiver under 
paragraph (1) publicly available on the Web site of 
the Office of Government Ethics. 
‘‘SEC. 603. NEGOTIATING FUTURE PRIVATE SECTOR EM-
PLOYMENT. 
‘‘(a) PROHIBITION.—Except as provided in sub-
section (c), and notwithstanding any other provision of 
law, a covered financial services regulator may not partici-
pate in any particular matter which involves, to the knowl-
edge of the covered financial services regulator, an indi-
vidual or entity with whom the covered financial services 
regulator is in negotiations of future employment or has 
an arrangement concerning prospective employment. 
‘‘(b) DISCLOSURE
OF
EMPLOYMENT
NEGOTIA-
TIONS.— 
‘‘(1) IN GENERAL.—If a covered financial serv-
ices regulator begins any negotiations of future em-
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120 
ployment with another person, or an agent or inter-
mediary of another person, or other discussion or 
communication with another person, or an agent or 
intermediary of another person, mutually conducted 
with a view toward reaching an agreement regarding 
possible employment of the covered financial services 
regulator, the covered financial services regulator 
shall notify the designated agency ethics official of 
the covered financial services agency employing the 
covered financial services regulator regarding the ne-
gotiations, discussions, or communications. 
‘‘(2) INFORMATION.—A designated agency eth-
ics official receiving notice under paragraph (1), 
after consultation with the Director of the Office of 
Government Ethics, shall inform the covered finan-
cial services regulator of any potential conflicts of 
interest involved in any negotiations, discussions, or 
communications with the other person and the pro-
hibitions applicable. 
‘‘(c) WAIVERS ONLY WHEN EXCEPTIONAL CIR-
CUMSTANCES EXIST.— 
‘‘(1) IN GENERAL.—The head of a covered fi-
nancial services agency may only grant a waiver of 
subsection (a) if the head determines that excep-
tional circumstances exist. 
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121 
‘‘(2) REVIEW
AND
PUBLICATION.—For any 
waiver granted under paragraph (1), the Director of 
the Office of Government Ethics shall— 
‘‘(A) review the circumstances relating to 
the waiver and the determination that excep-
tional circumstances exist; and 
‘‘(B) make the waiver publicly available on 
the Web site of the Office of Government Eth-
ics, which shall include— 
‘‘(i) the name of the private person or 
persons involved in the negotiations or ar-
rangement concerning prospective employ-
ment; and 
‘‘(ii) the date on which the negotia-
tions or arrangements commenced. 
‘‘(d) SCOPE.—For purposes of this section, the term 
‘negotiations of future employment’ is not limited to dis-
cussions of specific terms or conditions of employment in 
a specific position. 
‘‘SEC. 604. RECORDKEEPING. 
‘‘The Director of the Office of Government Ethics 
shall— 
‘‘(1) receive all employment histories, recusal 
and waiver records, and other disclosure records for 
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122 
covered executive branch officials necessary for mon-
itoring compliance to this title; 
‘‘(2) promulgate rules and regulations, in con-
sultation with the Director of the Office of Per-
sonnel Management and the Attorney General, for 
implementation of this title; 
‘‘(3) provide guidance and assistance where ap-
propriate to facilitate compliance with this title; 
‘‘(4) review and, where necessary, assist des-
ignated agency ethics officers in providing advice to 
covered financial services regulators regarding com-
pliance with this title; and 
‘‘(5) if the Director determines that a violation 
of this title may have occurred, and in consultation 
with the designated agency ethics officer and the 
Counsel to the President, refer the compliance case 
to the United States Attorney for the District of Co-
lumbia for enforcement action. 
‘‘SEC. 605. PENALTIES AND INJUNCTIONS. 
‘‘(a) CRIMINAL PENALTIES.— 
‘‘(1) IN
GENERAL.—Any person who violates 
section 602 or 603 shall be fined under title 18, 
United States Code, imprisoned for not more than 
1 year, or both. 
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123 
‘‘(2) WILLFUL VIOLATIONS.—Any person who 
willfully violates section 602 or 603 shall be fined 
under title 18, United States Code, imprisoned for 
not more than 5 years, or both. 
‘‘(b) CIVIL ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The Attorney General may 
bring a civil action in the appropriate United States 
district court against any person who violates, or 
who the Attorney General has reason to believe is 
engaging in conduct that violates, section 602 or 
603. 
‘‘(2) CIVIL PENALTY.— 
‘‘(A) IN GENERAL.—Upon proof by a pre-
ponderance of the evidence that a person vio-
lated section 602 or 603, the court shall impose 
a civil penalty of not more than the greater 
of— 
‘‘(i) $100,000 for each violation; or 
‘‘(ii) the amount of compensation the 
person received or was offered for the con-
duct constituting the violation. 
‘‘(B) RULE
OF
CONSTRUCTION.—A civil 
penalty under this subsection shall be in addi-
tion to any other criminal or civil statutory, 
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124 
common law, or administrative remedy, avail-
able to the United States or any other person. 
‘‘(3) INJUNCTIVE RELIEF.— 
‘‘(A) IN
GENERAL.—In a civil action 
brought under paragraph (1) against a person, 
the Attorney General may petition the court for 
an order prohibiting the person from engaging 
in conduct that violates section 602 or 603. The 
court may issue such an order if the court finds 
by a preponderance of the evidence that the 
conduct of the person violates section 602 or 
603. 
‘‘(B) RULE OF CONSTRUCTION.—The filing 
of a petition seeking injunctive relief under this 
paragraph shall not preclude any other remedy 
which is available by law to the United States 
or any other person.’’. 
SEC. 3004. PROHIBITION OF PROCUREMENT OFFICERS AC-
CEPTING EMPLOYMENT FROM GOVERNMENT 
CONTRACTORS. 
(a) EXPANSION OF PROHIBITION ON ACCEPTANCE 
BY FORMER OFFICIALS OF COMPENSATION FROM CON-
TRACTORS.—Section 2104 of title 41, United States Code, 
is amended— 
(1) in subsection (a)— 
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125 
(A) in the matter preceding paragraph 
(1)— 
(i) by striking ‘‘or consultant’’ and in-
serting ‘‘consultant, lawyer, or lobbyist’’; 
and 
(ii) by striking ‘‘one year’’ and insert-
ing ‘‘2 years’’; and 
(B) in paragraph (3), by striking ‘‘person-
ally made for the Federal agency’’ and inserting 
‘‘participated personally and substantially in’’; 
and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) PROHIBITION ON COMPENSATION FROM AFFILI-
ATES AND SUBCONTRACTORS.—A former official respon-
sible for a Government contract referred to in paragraph 
(1), (2), or (3) of subsection (a) shall be prohibited from 
accepting compensation for two years after awarding such 
contract from any division, affiliate, or subcontractor of 
the contractor.’’. 
(b) REQUIREMENT
FOR PROCUREMENT OFFICERS 
TO DISCLOSE JOB OFFERS MADE ON BEHALF OF REL-
ATIVES.—Section 2103(a) of title 41, United States Code, 
is amended in the matter preceding paragraph (1) by in-
serting after ‘‘that official’’ the following: ‘‘, or for a rel-
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126 
ative (as defined in section 3110 of title 5) of that offi-
cial,’’. 
(c) REQUIREMENT
ON AWARD
OF GOVERNMENT 
CONTRACTS TO FORMER EMPLOYERS.— 
(1) IN
GENERAL.—Chapter 21 of title 41, 
United States Code, is amended by adding at the 
end the following: 
‘‘§ 2108. 
Prohibition 
on 
involvement 
by 
certain 
former contractor employees in procure-
ments 
‘‘An employee of the Federal Government may not 
be personally and substantially involved with any award 
of a contract to, or the administration of a contract award-
ed to, a contractor that is a former employer of the em-
ployee during the 2-year period beginning on the date on 
which the employee leaves the employment of the con-
tractor.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 21 of title 
41, United States Code, is amended by adding at 
the end the following: 
‘‘2108. Prohibition on involvement by certain former contractor employees in 
procurements.’’. 
(d) REGULATIONS.—The Administrator for Federal 
Procurement Policy and the Director of the Office of Man-
agement and Budget shall— 
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(1) in consultation with the Director of the Of-
fice of Personnel Management and the Counsel to 
the President, promulgate regulations to carry out 
and ensure the enforcement of chapter 21 of title 
41, United States Code, as amended by this section; 
and 
(2) in consultation with designated agency eth-
ics officers (as defined under section 601 of the Eth-
ics in Government Act of 1978 (5 U.S.C. App.)), 
monitor compliance with such chapter by individuals 
and agencies. 
SEC. 3005. REVOLVING DOOR RESTRICTIONS ON FINANCIAL 
SERVICES REGULATORS MOVING INTO THE 
PRIVATE SECTOR. 
(a) IN GENERAL.—Section 207 of title 18, United 
States Code, is amended— 
(1) by redesignating subsections (e) through (l) 
as subsections (f) through (m), respectively; and 
(2) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) RESTRICTIONS ON EMPLOYMENT FOR FINAN-
CIAL SERVICES REGULATORS.— 
‘‘(1) IN GENERAL.—In addition to the restric-
tions set forth in subsections (a), (b), (c), and (d), 
a covered financial services regulator shall not— 
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‘‘(A) during the 2-year period beginning on 
the date his or her employment as a covered fi-
nancial services regulator ceases— 
‘‘(i) knowingly act as agent or attor-
ney for, or otherwise represent, any other 
person 
for 
compensation 
(except 
the 
United States) in any formal or informal 
appearance before; 
‘‘(ii) with the intent to influence, 
make any oral or written communication 
on behalf of any other person (except the 
United States) to; or 
‘‘(iii) knowingly aid, advise, or assist 
in— 
‘‘(I) representing any other per-
son (except the United States) in any 
formal or informal appearance before; 
or 
‘‘(II) making, with the intent to 
influence, any oral or written commu-
nication on behalf of any other person 
(except the United States) to, 
any court of the United States, or any officer 
or employee thereof, in connection with any ju-
dicial or other proceeding, which was actually 
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130 
formal or informal appearance before; 
or 
‘‘(II) making, with the intent to 
influence, any oral or written commu-
nication or conduct any lobbying ac-
tivities on behalf of any other person 
(except the United States) to, 
any department or agency of the executive 
branch or Congress (including any committee of 
Congress), or any officer or employee thereof, 
in connection with any matter which is pending 
before the department, agency, or Congress. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be punished as provided in section 
216. 
‘‘(3) DEFINITIONS.—In this subsection— 
‘‘(A) the term ‘covered financial services 
regulator’ has the meaning given that term 
under section 601 of the Ethics in Government 
Act of 1978 (5 U.S.C. App.); and 
‘‘(B) the terms ‘lobbyist’ and ‘lobbying ac-
tivities’ have the meanings given such terms in 
section 3 of the Lobbying Disclosure Act of 
1995 (2 U.S.C. 1602).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
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131 
(1) Section 103(a) of the Honest Leadership 
and Open Government Act of 2007 (2 U.S.C. 
4702(a)) is amended by striking ‘‘section 207(e)’’ 
each place it appears and inserting ‘‘section 207(f)’’. 
(2) Section 207 of title 18, United States Code, 
as amended by subsection (a), is amended— 
(A) in subsection (g), as so redesignated, 
by striking ‘‘or (e)’’ and inserting ‘‘or (f)’’; 
(B) in subsection (j)(1)(B), as so redesig-
nated, by striking ‘‘subsection (f)’’ and insert-
ing ‘‘subsection (g)’’; and 
(C) in subsection (k), as so redesignated— 
(i) in paragraph (2), in the matter 
preceding subparagraph (A), by striking 
‘‘and (e)’’ and inserting ‘‘(e), and (f)’’; 
(ii) in paragraph (4), by striking ‘‘and 
(e)’’ and inserting ‘‘(e), and (f)’’; and 
(iii) in paragraph (7)— 
(I) in subparagraph (A), by strik-
ing ‘‘and (e)’’ and inserting ‘‘(e), and 
(f)’’; and 
(II) in subparagraph (B)(ii), in 
the matter preceding subclause (I), by 
striking ‘‘subsections (c), (d), or (e)’’ 
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132 
and inserting ‘‘subsection (c), (d), (e), 
or (f)’’. 
(3) Section 141(b)(3) of the Trade Act of 1974 
(19 U.S.C. 2171(b)(3)) is amended by striking ‘‘sec-
tion 207(f)(3)’’ and inserting ‘‘207(g)(3)’’. 
(4) Section 7802(b)(3)(B) of the Internal Rev-
enue Code of 1986 is amended by striking ‘‘and (f) 
of section 207’’ and inserting ‘‘and (g) of section 
207’’. 
(5) Section 106(p)(6)(I)(ii) of title 49, United 
States Code, is amended by striking ‘‘and (f) of sec-
tion 207’’ and inserting ‘‘and (g) of section 207’’. 
SEC. 3006. RESTRICTIONS ON FEDERAL EXAMINERS AND 
SUPERVISORS OF FINANCIAL INSTITUTIONS. 
(a) IN GENERAL.—Section 10(k) of the Federal De-
posit Insurance Act (12 U.S.C. 1820(k)) is amended— 
(1) in the subsection heading— 
(A) by striking ‘‘One-Year’’ and inserting 
‘‘Two-Year’’; and 
(B) by striking ‘‘Examiners’’ and inserting 
‘‘Examiners and Supervisors’’; 
(2) in paragraph (1)— 
(A) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) served— 
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‘‘(i) not less than 2 months during the 
final 12 months of the employment of the 
person with such agency or entity as the 
senior examiner (or a functionally equiva-
lent position) of a depository institution or 
depository institution holding company 
with continuing, broad responsibility for 
the examination (or inspection) of that de-
pository institution or depository institu-
tion holding company on behalf of the rel-
evant agency or Federal reserve bank; or 
‘‘(ii) as a supervisor of the senior ex-
aminer with responsibility for managing 
the oversight of not more than 5 deposi-
tory institutions or depository institution 
holding companies on behalf of the rel-
evant agency or Federal reserve bank; 
and’’; and 
(B) in subparagraph (C)— 
(i) in the matter preceding clause (i), 
by striking ‘‘1 year’’ and inserting ‘‘2 
years’’; 
(ii) in clause (i), by striking ‘‘or’’ and 
inserting a semicolon; 
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134 
(iii) in clause (ii), by striking the pe-
riod at the end and inserting a semicolon; 
and 
(iv) by adding at the end the fol-
lowing: 
‘‘(iii) a business entity, firm, or asso-
ciation that represents the depository insti-
tution or depository institution holding 
company for compensation.’’; 
(3) by redesignating paragraphs (2) through 
(6) as paragraphs (3) through (7), respectively; 
(4) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) APPLICATION OF PENALTIES FOR SUPER-
VISORS.—A supervisor of a large financial service 
regulatory agency or a supervisor of a senior exam-
iner shall be subject to the penalties described in 
paragraph (7) if the supervisor of the senior exam-
iner or the senior examiner knowingly accepts com-
pensation during the period beginning on the date 
on which the service of the supervisor or senior ex-
aminer is terminated and ending on the date that is 
2 years after the date on which the service on which 
the service of the supervisor or senior examiner is 
terminated— 
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‘‘(A) as— 
‘‘(i) an employee; 
‘‘(ii) an officer; 
‘‘(iii) a director; or 
‘‘(iv) a consultant; and 
‘‘(B) from— 
‘‘(i) a depository institution; 
‘‘(ii) a depository institution holding 
company that is designated by the Finan-
cial Stability Oversight Council as a sys-
temically important financial market utility 
under section 804 of the Payment, Clear-
ing, and Settlement Supervision Act of 
2010 (12 U.S.C. 5463); or 
‘‘(iii) a business entity, firm, or asso-
ciation that represents an institution de-
scribed in clause (ii) for compensation.’’; 
(5) in paragraph (4), as so redesignated, by 
striking ‘‘or other company.’’ and inserting ‘‘or other 
company, firm, or association.’’; and 
(6) in the matter preceding clause (i) of sub-
paragraph (A) of paragraph (7), as so redesignated, 
by striking ‘‘other company’’ and inserting ‘‘other 
company, firm, or association’’. 
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