(2) 
CONFORMING
AMENDMENT.—Section 
309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is 
amended by striking ‘‘through its chairman or vice 
chairman’’ and inserting ‘‘through the Chair’’. 
(b) POWERS.— 
(1) ASSIGNMENT
OF
CERTAIN
POWERS
TO 
CHAIR.—Section 307(a) of such Act (52 U.S.C. 
30107(a)) is amended to read as follows: 
‘‘(a) DISTRIBUTION OF POWERS BETWEEN CHAIR 
AND COMMISSION.— 
‘‘(1) POWERS ASSIGNED TO CHAIR.— 
‘‘(A) 
ADMINISTRATIVE
POWERS.—The 
Chair of the Commission shall be the chief ad-
ministrative officer of the Commission and shall 
have the authority to administer the Commis-
sion and its staff, and (in consultation with the 
other members of the Commission) shall have 
the power— 
‘‘(i) to appoint and remove the staff 
director of the Commission; 
‘‘(ii) to request the assistance (includ-
ing personnel and facilities) of other agen-
cies and departments of the United States, 
whose heads may make such assistance 
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available to the Commission with or with-
out reimbursement; and 
‘‘(iii) to prepare and establish the 
budget of the Commission and to make 
budget requests to the President, the Di-
rector of the Office of Management and 
Budget, and Congress. 
‘‘(B) OTHER POWERS.—The Chair of the 
Commission shall have the power— 
‘‘(i) to appoint and remove the gen-
eral counsel of the Commission with the 
concurrence of at least 2 other members of 
the Commission; 
‘‘(ii) to require by special or general 
orders, any person to submit, under oath, 
such written reports and answers to ques-
tions as the Chair may prescribe; 
‘‘(iii) to administer oaths or affirma-
tions; 
‘‘(iv) to require by subpoena, signed 
by the Chair, the attendance and testimony 
of witnesses and the production of all doc-
umentary evidence relating to the execu-
tion of its duties; 
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‘‘(v) in any proceeding or investiga-
tion, to order testimony to be taken by 
deposition before any person who is des-
ignated by the Chair, and shall have the 
power to administer oaths and, in such in-
stances, to compel testimony and the pro-
duction of evidence in the same manner as 
authorized under clause (iv); and 
‘‘(vi) to pay witnesses the same fees 
and mileage as are paid in like cir-
cumstances in the courts of the United 
States. 
‘‘(2) POWERS ASSIGNED TO COMMISSION.—The 
Commission shall have the power— 
‘‘(A) to initiate (through civil actions for 
injunctive, declaratory, or other appropriate re-
lief), defend (in the case of any civil action 
brought under section 309(a)(8) of this Act) or 
appeal (including a proceeding before the Su-
preme Court on certiorari) any civil action in 
the name of the Commission to enforce the pro-
visions of this Act and chapter 95 and chapter 
96 of the Internal Revenue Code of 1986, 
through its general counsel; 
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‘‘(B) to render advisory opinions under 
section 308 of this Act; 
‘‘(C) to develop such prescribed forms and 
to make, amend, and repeal such rules, pursu-
ant to the provisions of chapter 5 of title 5, 
United States Code, as are necessary to carry 
out the provisions of this Act and chapter 95 
and chapter 96 of the Internal Revenue Code of 
1986; 
‘‘(D) to conduct investigations and hear-
ings expeditiously, to encourage voluntary com-
pliance, and to report apparent violations to the 
appropriate law enforcement authorities; and 
‘‘(E) to transmit to the President and Con-
gress not later than June 1 of each year a re-
port which states in detail the activities of the 
Commission in carrying out its duties under 
this Act, and which includes any recommenda-
tions for any legislative or other action the 
Commission considers appropriate. 
‘‘(3) PERMITTING
COMMISSION
TO
EXERCISE 
OTHER POWERS OF CHAIR.—With respect to any in-
vestigation, action, or proceeding, the Commission, 
by an affirmative vote of a majority of the members 
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who are serving at the time, may exercise any of the 
powers of the Chair described in paragraph (1)(B).’’. 
(2) CONFORMING AMENDMENTS RELATING TO 
PERSONNEL
AUTHORITY.—Section 306(f) of such 
Act (52 U.S.C. 30106(f)) is amended— 
(A) by amending the first sentence of 
paragraph (1) to read as follows: ‘‘The Com-
mission shall have a staff director who shall be 
appointed by the Chair of the Commission in 
consultation with the other members and a gen-
eral counsel who shall be appointed by the 
Chair with the concurrence of at least two other 
members.’’; 
(B) in paragraph (2), by striking ‘‘With 
the approval of the Commission’’ and inserting 
‘‘With the approval of the Chair of the Commis-
sion’’; and 
(C) by striking paragraph (3). 
(3) CONFORMING
AMENDMENT
RELATING
TO 
BUDGET
SUBMISSION.—Section 307(d)(1) of such 
Act (52 U.S.C. 30107(d)(1)) is amended by striking 
‘‘the Commission submits any budget’’ and inserting 
‘‘the Chair (or, pursuant to subsection (a)(3), the 
Commission) submits any budget’’. 
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(4) OTHER CONFORMING AMENDMENTS.—Sec-
tion 306(c) of such Act (52 U.S.C. 30106(c)) is 
amended by striking ‘‘All decisions’’ and inserting 
‘‘Subject to section 307(a), all decisions’’. 
(5) TECHNICAL AMENDMENT.—The heading of 
section 307 of such Act (52 U.S.C. 30107) is 
amended by striking ‘‘THE COMMISSION’’ and insert-
ing ‘‘THE CHAIR AND THE COMMISSION’’. 
SEC. 4. REVISION TO ENFORCEMENT PROCESS. 
(a) STANDARD FOR INITIATING INVESTIGATIONS AND 
DETERMINING
WHETHER
VIOLATIONS
HAVE
OC-
CURRED.— 
(1) REVISION OF STANDARDS.—Section 309(a) 
of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30109(a)) is amended by striking paragraphs 
(2) and (3) and inserting the following: 
‘‘(2)(A) The general counsel, upon receiving a com-
plaint filed with the Commission under paragraph (1) or 
upon the basis of information ascertained by the Commis-
sion in the normal course of carrying out its supervisory 
responsibilities, shall make a determination as to whether 
or not there is reason to believe that a person has com-
mitted, or is about to commit, a violation of this Act or 
chapter 95 or chapter 96 of the Internal Revenue Code 
of 1986, and as to whether or not the Commission should 
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either initiate an investigation of the matter or that the 
complaint should be dismissed. The general counsel shall 
promptly provide notification to the Commission of such 
determination and the reasons therefore, together with 
any written response submitted under paragraph (1) by 
the person alleged to have committed the violation. Upon 
the expiration of the 30-day period which begins on the 
date the general counsel provides such notification, the 
general counsel’s determination shall take effect, unless 
during such 30-day period the Commission, by vote of a 
majority of the members of the Commission who are serv-
ing at the time, overrules the general counsel’s determina-
tion. If the determination by the general counsel that the 
Commission should investigate the matter takes effect, or 
if the determination by the general counsel that the com-
plaint should be dismissed is overruled as provided under 
the previous sentence, the general counsel shall initiate an 
investigation of the matter on behalf of the Commission. 
‘‘(B) If the Commission initiates an investigation 
pursuant to subparagraph (A), the Commission, through 
the Chair, shall notify the subject of the investigation of 
the alleged violation. Such notification shall set forth the 
factual basis for such alleged violation. The Commission 
shall make an investigation of such alleged violation, which 
may include a field investigation or audit, in accordance 
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with the provisions of this section. The general counsel 
shall provide notification to the Commission of any intent 
to issue a subpoena or conduct any other form of discovery 
pursuant to the investigation. Upon the expiration of the 
15-day period which begins on the date the general counsel 
provides such notification, the general counsel may issue 
the subpoena or conduct the discovery, unless during such 
15-day period the Commission, by vote of a majority of 
the members of the Commission who are serving at the 
time, prohibits the general counsel from issuing the sub-
poena or conducting the discovery. 
‘‘(3)(A) Upon completion of an investigation under 
paragraph (2), the general counsel shall promptly submit 
to the Commission the general counsel’s recommendation 
that the Commission find either that there is probable 
cause or that there is not probable cause to believe that 
a person has committed, or is about to commit, a violation 
of this Act or chapter 95 or chapter 96 of the Internal 
Revenue Code of 1986, and shall include with the rec-
ommendation a brief stating the position of the general 
counsel on the legal and factual issues of the case. 
‘‘(B) At the time the general counsel submits to the 
Commission the recommendation under subparagraph (A), 
the general counsel shall simultaneously notify the re-
spondent of such recommendation and the reasons there-
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fore, shall provide the respondent with an opportunity to 
submit a brief within 30 days stating the position of the 
respondent on the legal and factual issues of the case and 
replying to the brief of the general counsel. The general 
counsel and shall promptly submit such brief to the Com-
mission upon receipt. 
‘‘(C) Not later than 30 days after the general counsel 
submits the recommendation to the Commission under 
subparagraph (A) (or, if the respondent submits a brief 
under subparagraph (B), not later than 30 days after the 
general counsel submits the respondent’s brief to the Com-
mission under such subparagraph), the Commission shall 
approve or disapprove the recommendation by vote of a 
majority of the members of the Commission who are serv-
ing at the time.’’. 
(2) CONFORMING
AMENDMENT
RELATING
TO 
INITIAL RESPONSE TO FILING OF COMPLAINT.—Sec-
tion 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) 
is amended— 
(A) in the third sentence, by striking ‘‘the 
Commission’’ and inserting ‘‘the general coun-
sel’’; and 
(B) by amending the fourth sentence to 
read as follows: ‘‘Not later than 15 days after 
receiving notice from the general counsel under 
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the previous sentence, the person may provide 
the general counsel with a written response that 
no action should be taken against such person 
on the basis of the complaint.’’. 
(b) REVISION OF STANDARD FOR REVIEW OF DIS-
MISSAL OF COMPLAINTS.— 
(1) IN GENERAL.—Section 309(a)(8) of such 
Act (52 U.S.C. 30109(a)(8)) is amended to read as 
follows: 
‘‘(8)(A)(i) Any party aggrieved by an order of the 
Commission dismissing a complaint filed by such party 
after finding either no reason to believe a violation has 
occurred or no probable cause a violation has occurred 
may file a petition with the United States District Court 
for the District of Columbia. Any petition under this sub-
paragraph shall be filed within 60 days after the date on 
which the party received notice of the dismissal of the 
complaint. 
‘‘(ii) In any proceeding under this subparagraph, the 
court shall determine by de novo review whether the agen-
cy’s dismissal of the complaint is contrary to law. In any 
matter in which the penalty for the alleged violation is 
greater than $50,000, the court should disregard any 
claim or defense by the Commission of prosecutorial dis-
cretion as a basis for dismissing the complaint. 
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‘‘(B)(i) Any party who has filed a complaint with the 
Commission and who is aggrieved by a failure of the Com-
mission, within one year after the filing of the complaint, 
to either dismiss the complaint or to find reason to believe 
a violation has occurred or is about to occur, may file a 
petition with the United States District Court for the Dis-
trict of Columbia. 
‘‘(ii) In any proceeding under this subparagraph, the 
court shall treat the failure to act on the complaint as 
a dismissal of the complaint, and shall determine by de 
novo review whether the agency’s failure to act on the 
complaint is contrary to law. 
‘‘(C) In any proceeding under this paragraph the 
court may declare that the dismissal of the complaint or 
the failure to act is contrary to law, and may direct the 
Commission to conform with such declaration within 30 
days, failing which the complainant may bring, in the 
name of such complainant, a civil action to remedy the 
violation involved in the original complaint.’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall apply— 
(A) in the case of complaints which are 
dismissed by the Federal Election Commission, 
with respect to complaints which are dismissed 
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on or after the date of the enactment of this 
Act; and 
(B) in the case of complaints upon which 
the Federal Election Commission failed to act, 
with respect to complaints which were filed on 
or after the date of the enactment of this Act. 
SEC. 5. PERMITTING APPEARANCE AT HEARINGS ON RE-
QUESTS FOR ADVISORY OPINIONS BY PER-
SONS OPPOSING THE REQUESTS. 
(a) IN GENERAL.—Section 308 of such Act (52 
U.S.C. 30108) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(e) To the extent that the Commission provides an 
opportunity for a person 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 counsel) accepts such op-
portunity, the Commission shall provide a reasonable op-
portunity for an interested party who submitted written 
comments under subsection (d) in response to the request 
(or counsel for such interested party) to appear before the 
Commission to present testimony in response to the re-
quest.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to requests for advi-
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