‘‘(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 
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. 
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‘‘(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, the person filing the 
complaint under subsection (a) may seek judi-
cial review of the Administration’s dismissal, 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, 
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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 
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 
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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 
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 
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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 
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. 
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‘‘(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-
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-
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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-
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. 
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‘‘(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 
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 
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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-
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-
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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 
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.— 
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‘‘(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-
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 
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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 
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 
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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-
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. 
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‘‘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. 
‘‘(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. 
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‘‘(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-
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. 
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‘‘(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 
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-
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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 
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-
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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— 
‘‘(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-
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