I 
109TH CONGRESS 
2D SESSION 
H. R. 5676 
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 22, 2006 
Mr. SHAYS (for himself and Mr. MEEHAN) 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 2006’’. 
(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. 
Sec. 106. Authorization of appropriations. 
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. 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 (2 U.S.C. 431 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 3 members, 1 of whom shall serve as the 
Chair of the Administration. No member of the Adminis-
tration shall— 
‘‘(1) be affiliated with the same political party 
as any other member of the Administration while 
serving as a member of the Administration; or 
‘‘(2) have been affiliated with the same political 
party as any other member of the Administration at 
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any time during the 5-year period ending on the 
date on which such individual is nominated to be a 
member of the Administration. 
‘‘(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 3 members of the Admin-
istration, designate 1 of the 3 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) An individual who is appointed under 
paragraph (1) shall— 
‘‘(i) possess demonstrated integrity, 
independence, and public credibility; and 
‘‘(ii) shall have not less than 5 years 
professional experience in law enforcement, 
including such experience gained— 
‘‘(I) in service as a member of 
the judiciary; 
‘‘(II) as a member or an em-
ployee of a Federal, State, or local 
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campaign finance or ethics enforce-
ment agency; or 
‘‘(III) as a law enforcement offi-
cial in a Federal or State enforcement 
agency or office. 
‘‘(B) An individual may not be appointed 
under paragraph (1) if— 
‘‘(i) such individual is serving or has 
served as a member of the Federal Elec-
tion Commission subject to a term limit; or 
‘‘(ii) at any time during the 4-year pe-
riod ending on the date of the nomination 
of such individual, the individual was— 
‘‘(I) a candidate, an employee of 
a candidate, or an attorney for a can-
didate; 
‘‘(II) an elected officeholder, an 
employee of an elected officeholder, or 
an attorney for an elected office-
holder; 
‘‘(III) an officer or employee of a 
political party or an attorney for a po-
litical party; or 
‘‘(IV) employed in a position in 
the executive branch of the Govern-
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ment of a confidential or policy-deter-
mining character under Schedule C of 
subpart C of part 213 of title 5 of the 
Code of Federal Regulations. 
‘‘(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 2 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), 1 member 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) the 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 
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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. 
‘‘(5) OTHER
ACTIVITIES.—An individual may 
not engage in any other business, vocation, or em-
ployment while serving as a member of the Adminis-
tration. 
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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 2 mem-
bers of the Administration, have the power to ap-
point 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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