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-
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 
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‘‘(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 
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 
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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. 
‘‘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. 102. 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.’’. 
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(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. 
‘‘Staff Director, Federal Election Administra-
tion. 
‘‘Inspector General, Federal Election Adminis-
tration.’’. 
(c) EXECUTIVE SCHEDULE LEVEL V POSITION.— 
Section 5316 of title 5, United States Code, is amended 
by adding at the end the following: 
‘‘General Counsel, Federal Election Administra-
tion.’’. 
SEC. 103. 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 (2 U.S.C. 431 et seq.) 
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 
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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 (2 U.S.C. 431 
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. 104. 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. 
(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 
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. 
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SEC. 105. 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 
(2) in paragraph (2)(B)(i)(I), by striking ‘‘Fed-
eral Election Commission’’ and inserting ‘‘Federal 
Election Administration’’. 
(d) EXCLUSION FROM SENIOR EXECUTIVE SERV-
ICE.—Section 3132(a)(1)(C) of title 5, United States 
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