I 
114TH CONGRESS 
2D SESSION 
H. R. 5439 
To amend the Federal Election Campaign Act of 1971 to replace the Federal 
Election Commission with the Federal Election Administration, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 9, 2016 
Mr. PRICE of North Carolina introduced the following bill; which was referred 
to the Committee on House Administration 
A BILL 
To amend the Federal Election Campaign Act of 1971 to 
replace the Federal Election Commission with the Fed-
eral Election Administration, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Federal Election Administration Act of 2016’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—FEDERAL ELECTION ADMINISTRATION 
Sec. 101. Establishment of the Federal Election Administration. 
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Sec. 102. Executive schedule positions. 
Sec. 103. GAO examination of enforcement of campaign finance laws by the 
Department of Justice. 
Sec. 104. GAO study and report on appropriate funding levels. 
Sec. 105. Conforming amendments. 
TITLE II—TRANSITION PROVISIONS 
Sec. 201. Transfer of functions of Federal Election Commission. 
Sec. 202. Transfer of property, records, and personnel. 
Sec. 203. Repeals. 
Sec. 204. Conforming amendments. 
Sec. 205. Treatment of certain regulations. 
Sec. 206. Effective date. 
TITLE I—FEDERAL ELECTION 
ADMINISTRATION 
SEC. 101. ESTABLISHMENT OF THE FEDERAL ELECTION AD-
MINISTRATION. 
(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: 
‘‘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). 
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‘‘(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. 
‘‘(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 
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‘‘(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-
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 
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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. 
‘‘(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 
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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 
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 
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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.— 
‘‘(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— 
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‘‘(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. 
‘‘(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. 
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‘‘(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. 
‘‘(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 
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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). 
‘‘(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; 
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‘‘(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. 
‘‘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. 
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‘‘(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; 
‘‘(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 
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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 
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; 
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‘‘(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 
‘‘(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 
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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 
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-
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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-
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-
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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, 
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-
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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 
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 
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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-
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-
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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-
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 
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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 
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. 
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‘‘(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.— 
‘‘(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 
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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 
‘‘(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— 
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‘‘(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-
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-
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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; 
‘‘(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. 
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‘‘(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 
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.— 
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‘‘(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 
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-
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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. 
‘‘(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. 
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‘‘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-
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 
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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— 
‘‘(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 
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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 
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 
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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, 
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. 
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‘‘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 
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. 
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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. 
‘‘Inspector General, Federal Election Adminis-
tration.’’. 
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 (52 U.S.C. 30101 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 
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-
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