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 Federal Election Administration, and
for other purposes.
Be it enacted by the Senate and House of Representatives 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.
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. 204. Conforming amendments.
Sec. 205. Effective date.
TITLE I--FEDERAL ELECTION ADMINISTRATION
SEC. 101. ESTABLISHMENT OF THE FEDERAL ELECTION ADMINISTRATION.
(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 Administration shall be an independent
establishment (as defined in section 104 of title 5, United States Code).
`(c) PURPOSE- The Administration shall administer, seek to obtain compliance
with, enforce, and formulate policy in a manner that is consistent with
the language and intent of Congress with respect to the following statutes:
`(2) The Presidential Election Campaign Fund Act under chapter 95 of the
Internal Revenue Code of 1986.
`(3) The Presidential Primary Matching Payment Account Act under chapter
96 of the Internal Revenue Code of 1986.
`(d) EXCLUSIVE CIVIL JURISDICTION- The Administration shall have exclusive
jurisdiction with respect to the civil enforcement of the statutes identified
in subsection (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
`(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 Columbia, but the Administration may meet
or exercise any of its powers anywhere in the United States.
`SEC. 352. COMPOSITION OF THE FEDERAL ELECTION ADMINISTRATION.
`(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 Administration
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 any time during the 5-year period ending on the
date on which such individual is nominated to be a member of the Administration.
`(1) IN GENERAL- Each member of the Administration 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 Administration, 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.
`(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 employee of a Federal, State, or local campaign
finance or ethics enforcement agency; or
`(III) as a law enforcement official 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
Election Commission subject to a term limit; or
`(ii) at any time during the 4-year period 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 candidate;
`(II) an elected officeholder, an employee of an elected officeholder,
or an attorney for an elected officeholder;
`(III) an officer or employee of a political party or an attorney
for a political party; or
`(IV) employed in a position in the executive branch of the Government
of a confidential or policy-determining character under Schedule
C of subpart C of part 213 of title 5 of the Code of Federal Regulations.
`(A) CHAIR- The Chair of the Administration shall be appointed for a
term of 10 years.
`(B) OTHER MEMBERS- Subject to subparagraph (C), the 2 members of the
Administration other than the Chair shall be appointed for a term of
6 years.
`(C) INITIAL APPOINTMENTS- Of the members initially appointed under
subparagraph (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 subparagraph (B) of paragraph (1)
who is appointed 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 paragraph (4) to fill the remainder
of an unexpired term that has less than 1/2 of the term remaining may
be appointed to serve another term.
`(3) EXPIRED TERMS- An individual may continue 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 employment while serving as a member of the Administration.
`(d) REMOVAL- A member of the Administration may be removed by the President
only for inefficiency, neglect of duty, or malfeasance in office.
`SEC. 353. STAFF DIRECTOR.
`(a) IN GENERAL- There shall be in the Administration a staff director.
`(b) RESPONSIBILITIES- The staff director--
`(1) shall assist the Administration in its administration 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 additional personnel as the staff
director considers appropriate without regard to the provisions of title
5, United States Code, governing appointments 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 Schedule
(5 U.S.C. 5332).
`(c) APPOINTMENT- The staff director shall be appointed by the Chair, after
consultation with the other members of the Administration.
`(d) OTHER ACTIVITIES- An individual may not engage 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 Administration a general counsel.
`(b) RESPONSIBILITIES- The general counsel shall--
`(1) serve as the chief legal officer of the Administration;
`(2) provide legal assistance to the Administration 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 proceeding 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.
`(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 members of the Administration,
have the power to appoint 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 request the assistance of
other agencies and departments of the United States, including the personnel
and facilities of such agencies and departments 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 compensate administrative law judges
in accordance with title 5, United States Code;
`(C) to require, by special or general orders, 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 accordance with section 364;
`(F) in any proceeding or investigation, to order testimony to be taken
by deposition before 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 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 dispute resolution of violations
of this Act or of chapters 95 or 96 of the Internal Revenue Code of 1986;
`(8) to conduct investigations and hearings expeditiously, to encourage
voluntary compliance, and to report apparent violations to the appropriate
law enforcement authorities; and
`(9) to transmit to the President and to Congress not later than June
1 of each year, a report which states in detail the activities of the
Administration in carrying out its duties under this Act, and which includes
any recommendations for any legislative or other action the Administration
considers appropriate.
`SEC. 362. INDEPENDENT BUDGET REQUESTS AND LEGISLATIVE PROPOSALS.
`(a) EXEMPTION FROM OMB OVERSIGHT- Whenever 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 estimate or request
to Congress.
`(b) AUTHORITY TO MAKE INDEPENDENT LEGISLATIVE RECOMMENDATIONS- Whenever
the Administration 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 concurrently 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 Administration 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 Revenue Code of 1986, or a
rule or regulation prescribed by the Administration, with respect to a
specific transaction or activity by the person, the Administration shall
render a written advisory opinion relating to such transaction or activity
to the person.
`(2) REQUESTS BY CANDIDATES- If an advisory opinion is requested by a
candidate, or any authorized committee of such candidate, during the 60-day
period before any election for Federal office involving the requesting
party, the Administration shall render a written advisory opinion relating
to such request not later than 20 days after the Administration 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
proposed 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 Administration or any other officer or employee of
the Administration except in accordance with the provisions of this section.
`(c) RELIANCE ON ADVISORY OPINIONS-
`(1) IN GENERAL- Any advisory opinion rendered 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 indistinguishable in all its material aspects from the transaction
or activity with respect to which such advisory opinion is rendered.
`(2) PROTECTION FROM LIABILITY- Notwithstanding any other provisions of
law, any person who relies upon any provision or finding of an advisory
opinion in accordance with the provisions of paragraph (1) and who acts
in good faith in accordance with the provisions and findings of such advisory
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) PUBLICATION OF REQUESTS- The Administration shall make public any request
made under subsection (a) for an advisory opinion. Before rendering an advisory
opinion, the Administration shall accept written comments submitted by any
interested party within the 10-day period following the date on which the
request is made public.
`(1) IN GENERAL- Any person adversely affected by an advisory opinion
rendered by the Administration may obtain judicial review of such advisory
opinion by filing a petition in the United States Court of Appeals for
the District of Columbia Circuit.
`(2) SCOPE OF REVIEW- For purposes of conducting 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 Administration is conducting an investigation
pursuant to section 371 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 documentary evidence relating to the execution
of the Administration'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 testimony of witnesses
and the production of all documentary evidence relating to the administrative
law judge's duties.
`(c) ISSUANCE AND ENFORCEMENT OF SUBPOENAS-
`(1) ISSUANCE- Subpoenas issued under subsection (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 contumacy 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
designated 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 contempt of that court.
`(d) WITNESS ALLOWANCES AND FEES- Section 1821 of title 28, United States
Code, shall apply to witnesses requested or subpoenaed to appear at any
hearing of the Administration. The per diem and mileage allowances 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, pursuant to the provisions of chapter
5 of title 5, United States Code, prescribe such rules and regulations as
the Administration 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
promulgates any regulation, it shall not be required to submit 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 actions under sections 371, 372, and 373.
`(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 prescribed by the Administration under
paragraph (1), and any information-gathering activities of the Administration
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.
`(f) CONSULTATION WITH IRS- In prescribing rules, regulations, and forms
under this section, the Administration and the Secretary of the Treasury
shall consult and work together to promulgate rules, regulations, and forms
which are mutually consistent. The Administration shall report to Congress
annually on the steps it has taken to comply with this subsection.
`(1) IN GENERAL- Any person adversely affected 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 conducting 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 of title 5, United States Code, the Administration
is authorized 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 either--
`(1) by attorneys employed by the Administration; or
`(2) by counsel whom it may appoint, on a temporary basis as may be necessary
for such purpose, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive 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 employees of the Administration.
`(c) INDEPENDENCE FROM ATTORNEY GENERAL- In pursuing an action under this
section, the Administration may act independently of the Attorney General.
`SEC. 367. AVAILABILITY OF REPORTS.
`(a) IN GENERAL- The Administration shall--
`(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 receipt by the Administration
of reports and statements filed with the Administration, make them available
for public inspection, and copying, at the expense of the person requesting
such copying, except 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 contributions from such
committee;
`(4) keep such designations, reports, and statements for a period of 10
years from the date of receipt 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 intervals,
and make the index available for purchase directly 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 multicandidate 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
elections.
`(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.
`(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 Federal 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 accordance 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-
`(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 requirements 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 determines
under paragraph (1) does not meet the threshold requirements established
by the Administration. Such audits shall be commenced within 30 days of
such vote, except that any audit under the provisions of this subsection
of an authorized committee of a candidate shall be commenced within 6
months of the election for which such committee is authorized.
`(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 procedures 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.
`(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.
`SEC. 369. CONGRESSIONAL OVERSIGHT.
`Nothing in this Act shall be construed to limit, restrict, or diminish
any investigatory, informational, oversight, 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 ADMINISTRATION.
`(a) IN GENERAL- The Administration may initiate a civil enforcement action
under section 373 if, after conducting an investigation, the Administration
finds reasonable 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 believe a violation has occurred
or is about to occur, but the Administration's decision on such matter shall
not be subject to judicial review.
`SEC. 372. COMPLAINT TO INITIATE ENFORCEMENT ACTION.
`(a) FILING OF COMPLAINT-
`(1) IN GENERAL- Any person may file a complaint with the Administration
alleging a violation of this Act or of chapter 95 or 96 of the Internal
Revenue 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;
`(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- Subject to paragraph (4), based on
the allegations in a complaint filed under paragraph (1), and such investigations
the Administration deems necessary and appropriate, the Administration
may--
`(A) initiate a civil enforcement action under section 373 if the Administration
finds reasonable grounds to believe a violation has occurred or is about
to occur; or
`(B) dismiss the complaint.
`(4) PROHIBITION OF ANONYMOUS COMPLAINTS- The Commission may not conduct
any investigation or take any other action under this section 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 Administration--
`(A) makes a finding under section 373(a) that a person has violated
(or is about to violate) 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 opportunity 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.
`(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 action 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
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 review 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 complaint
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 section 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 person has violated (or, in the case of a
cease-and-desist order, has violated or is about to violate) this Act or
chapter 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 written notice of the charges
on each respondent, and shall conduct such further investigation as the
Administration deems necessary and appropriate.
`(2) REQUEST FOR HEARING- Each respondent shall have an opportunity to
request, prior to the date that is 30 days after the date on which the
notice 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 Administration shall make a finding on the charges, and shall issue
whatever relief the Administration deems appropriate under sections 375
and 376.
`(1) PROCEDURES FOR ENTERING INTO CONCILIATION AGREEMENTS-
`(A) IN GENERAL- If the respondent requests a hearing under subsection
(b)(2), the Administration shall attempt, for a period that does not
exceed 60 days (or 15 days if the hearing is requested within 60 days
of an election), to correct or prevent such violation by informal methods
of conference, conciliation, and persuasion, 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 agreement is reached before
then.
`(B) INCLUSION OF CIVIL MONETARY PENALTIES- 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 forth in subsection (b) of such
section. The conciliation agreement may also include the requirement
that the person involved consent to the terms of a cease-and-desist
order, as provided 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 conciliation agreement shall be subject to the approval
of the Administration.
`(D) BAR TO FURTHER ACTION- A conciliation agreement, unless violated,
is a complete bar to any further action by the Administration.
`(2) CONFIDENTIALITY- No action by the Administration or any other person,
and no information derived in connection with any conciliation attempt
by the Administration may be made public by the Administration, without
the written consent of the respondent, except that if a conciliation agreement
is agreed upon and signed by the Administration and the respondent, the
Administration shall make such agreement public.
`(3) VIOLATION OF CONCILIATION AGREEMENT- In any case in which a person
has entered into a conciliation agreement with the Administration 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 district in which the respondent resides
or has its principal place of business, or for the District of Columbia.
Such court shall have jurisdiction to issue any relief appropriate under
sections 375 and 376. For the Administration to obtain relief in any such
action, the Administration need only establish that the person has violated,
in whole or in part, any requirement 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
administrative 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 appeal to the Administration from any final determination
made by an administrative law judge.
`(2) REVIEW OF ALJ DETERMINATIONS- In the event of an appeal under paragraph
(1), the Administration shall review the determination of the administrative
law judge to determine whether--
`(A) a finding of material fact is not supported by substantial evidence;
`(B) a conclusion of law is erroneous;
`(C) the determination of the administrative law judge is contrary to
law or to the duly promulgated rules or decisions of the Administration;
`(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.
`(3) FINAL AGENCY ACTION- The decision of the Administration shall constitute
final agency action.
`(1) IN GENERAL- Any party aggrieved by a final agency action and who
has exhausted all administrative 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 Circuit.
`(2) SCOPE OF REVIEW- For purposes of conducting 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 obtain judicial review under paragraph
(1), an aggrieved 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 forthwith
by the clerk of the court to the Administration, and thereupon the Administration
shall file in the court the record upon which the order complained 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 calendar quarter immediately preceding the election involved, or
in accordance with section 304(a)(2)(A)(i), the Administration shall notify
the person of such failure to file the required reports.
`(b) OPPORTUNITY FOR RESPONSE- If a satisfactory 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 contribution or expenditure
involved in such violation. Such penalty 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 violation (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 pursuant
to section 373.
`(c) DETERMINATION OF CIVIL MONETARY PENALTY- In determining the amount
of a civil monetary penalty under this section with respect to a violation
described in this section, the Administration or an administrative law judge
shall take into account the nature, circumstances, 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-
`(1) IN GENERAL- If the Administration determines 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 Internal Revenue Code of
1986, has occurred or is about to occur, the Administration may refer
such apparent violation to the Attorney General without regard to any
limitations set forth under section 373.
`(2) REPORTING BY THE ATTORNEY GENERAL- Whenever the Administration refers
an apparent violation to the Attorney General, the Attorney 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 refers an apparent violation,
and every 30 days thereafter until the final disposition of the apparent
violation.
`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 regulation thereunder,
the Administration may publish any findings and enter an order requiring
such person, or any other person that is, was, or would be a cause of the
violation 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 regulation. 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 Administration determines that an alleged
violation or threatened violation specified in the notice initiating a civil
enforcement action under section 373, or the continuation thereof, is likely
to result in violation of this Act, or of chapter 95 or 96 of the Internal
Revenue Code of 1986, and substantial 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 occurred or is about to occur, or for the District
of Columbia, for a temporary restraining order or a preliminary injunction
requiring the respondent to cease and desist 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 accordance 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 Administration,
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.
`SEC. 378. CONFIDENTIALITY.
`(a) PRIOR TO A FINDING OF REASONABLE GROUNDS- Any proceedings conducted
by the Administration 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, except 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 administrative law judge under
section 373, and all documents used during such proceedings, shall be
made public.
`(c) AFTER DISMISSAL OF A COMPLAINT OR CONCLUSION OF PROCEEDINGS FOLLOWING
A FINDING OF REASONABLE GROUNDS- Subject to subsection (d), following the
Administration's dismissal of a complaint filed under section 372 or the
termination of proceedings following 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 Administration (unless such information has already been
made public under subsection (b)(1));
`(2) any order setting forth the Administration'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 requirement 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.
`(d) CONFIDENTIALITY OF RECORDS AND PROCEEDINGS OTHERWISE SUBJECT TO DISCLOSURE-
`(1) IN GENERAL- The Administration shall issue regulations providing
for the protection of information 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 regulations
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 Administration's activities
and decisions widely accessible to the public.
`(2) PETITION TO MAINTAIN CONFIDENTIALITY-
`(A) IN GENERAL- Any person who would be adversely affected by any disclosure
of information about the person made pursuant to subsection (b) or (c),
or by the conduct in public of a hearing or other proceeding conducted
pursuant to section 373, shall have the right to petition the Administration
to maintain the confidentiality of such information or such proceeding
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 disclosure under the Administration's regulations,
the Constitution, or any other provision of law. Upon the receipt of
such petition, the Administration shall make a prompt determination
whether the information should be kept confidential, 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 consideration of petitions under this paragraph. Such regulations
shall provide for public notice of the pendancy of any petition filed
under subparagraph (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 provisions of this section shall be fined not more
than $2,000. Any such member, employee, or other person who knowingly 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,
receiving, or reporting of any contribution, donation, or expenditure--
`(1) aggregating $25,000 or more during a calendar 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 NATIONAL BANKS, CORPORATIONS, OR LABOR
ORGANIZATIONS- 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 aggregating $250 or more during a calendar
year. Such a violation of section 316(b)(3) may incorporate a violation
of section 317(a), 320, or 321.
`(c) FRAUDULENT MISREPRESENTATION OF CAMPAIGN AUTHORITY- In the case of
a knowing and willful violation of section 322, the penalties set forth
in subsection (a) shall apply without regard to whether the making, receiving,
or reporting of a contribution or expenditure of $1,000 or more is involved.
`(d) PROHIBITION OF CONTRIBUTIONS IN NAME OF ANOTHER- Any person who knowingly
and willfully commits a violation of section 320 involving an amount aggregating
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 imprisonment 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--
`(B) 1,000 percent of the amount involved in the violation; or
`(3) both imprisoned as provided under paragraph (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 violation of any provision of this Act or of chapter 95
or 96 of the Internal Revenue Code of 1986, any defendant may evidence
their lack of knowledge or intent to commit the alleged violation by introducing
as evidence a conciliation agreement entered into between 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 provision of this Act or of chapter 95 or 96 of the Internal 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 considering
the appropriateness of the penalty to be imposed if the defendant is found
guilty, whether--
`(A) the specific act or failure to act which constitutes the violation
for which the action 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 effect; and
`(C) the defendant is, with respect to the violation involved, in compliance
with the conciliation 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 appropriated 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 Internal 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.'.
(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 Election Administration.
`Staff Director, Federal Election Administration.
`Inspector General, Federal Election Administration.'.
(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 Administration.'.
SEC. 103. GAO EXAMINATION OF ENFORCEMENT OF CAMPAIGN 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 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 resources that the Attorney General
would require to effectively 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 funding 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 thereafter, 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) together with recommendations
for such legislation and administrative action as the Comptroller General
determines to be appropriate.
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 Administration'.
(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 Election Commission' and inserting
`Federal Election Administration'; and
(2) in paragraph (2)(B)(i)(I), by striking `Federal Election Commission'
and inserting `Federal Election Administration'.
(d) EXCLUSION FROM SENIOR EXECUTIVE SERVICE- Section 3132(a)(1)(C) of title
5, United States Code, is amended by striking `Federal Election Commission'
and inserting `Federal Election Administration'.
(e) SUBTITLE A- Title III of the Federal Election Campaign Act of 1971 (2
U.S.C. 431 et seq.) is amended by inserting before section 301 the following:
`Subtitle A--General Provisions'.
TITLE II--TRANSITION PROVISIONS
SEC. 201. TRANSFER OF FUNCTIONS OF FEDERAL ELECTION COMMISSION.
There are transferred to the Federal Election Administration established
under section 351 of the Federal Election Campaign Act of 1971 (as added
by section 101) all functions that the Federal Election Commission exercised
before the date described in section 205(a).
SEC. 202. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.
(a) PROPERTY AND RECORDS- The contracts, liabilities, records, property,
and other assets and interests of, or made available in connection with,
the offices and functions of the Federal Election Commission which are transferred
by this title are transferred to the Federal Election Administration.
(b) PERSONNEL- The personnel employed in connection with the offices and
functions of the Federal Election Commission which are transferred by this
title are transferred to the Federal Election Administration.
SEC. 203. REPEALS.
The following provisions of the Federal Election Campaign Act of 1971 are
repealed:
(1) Section 306 (2 U.S.C. 437c).
(2) Section 307 (2 U.S.C. 437d).
(3) Section 308 (2 U.S.C. 437f).
(4) Section 309 (2 U.S.C. 437g).
(5) Section 310 (2 U.S.C. 437h).
(6) Section 311 (2 U.S.C. 438).
(7) Section 314 (2 U.S.C. 439c).
(8) Section 406 (2 U.S.C. 455).
SEC. 204. CONFORMING AMENDMENTS.
(a) Title III of the Federal Election Campaign Act of 1971 (2 U.S.C. 431
et seq.) is amended--
(1) in section 301, by striking paragraph (10) and inserting the following:
`(10) The term `Administration' means the Federal Election Administration.';
(2) by striking `Federal Election Commission' and inserting `Administration'
each place it appears; and
(3) by striking `Commission' and inserting `Administration' each place
it appears.
(b) Section 3502(1)(B) of title 44, United States Code, is amended by striking
`Federal Election Commission' and inserting `Federal Election Administration'.
(c) Section 207(j)(7)(B)(i) of title 18, United States Code, is amended
by striking `the Federal Election Commission by a former officer or employee
of the Federal Election Commission' and inserting `the Federal Election
Administration by a former officer or employee of the Federal Election Commission
or the Federal Election Administration'.
(d) Section 103 of the Ethics in Government Act of 1978 (5 U.S.C. App.)
is amended--
(1) in subsection (e), by striking `the Federal Election Commission' and
inserting `the Federal Election Administration'; and
(2) in subsection (k), by striking `the Federal Election Commission' and
inserting `the Federal Election Administration'.
(e)(1) Section 9002(3) of the Internal Revenue Code of 1986 is amended to
read as follows:
`(3) The term `Administration' means the Federal Election Administration
established under section 351 of the Federal Election Campaign Act of
1971.'.
(2) Chapter 95 of the Internal Revenue Code of 1986 is amended by striking
`Commission' and inserting `Administration' each place it appears.
(f)(1) Section 9032(3) of the Internal Revenue Code of 1986 is amended to
read as follows:
`(3) The term `Administration' means the Federal Election Administration
established under section 351 of the Federal Election Campaign Act of
1971.'.
(2) Chapter 96 of the Internal Revenue Code of 1986 is amended by striking
`Commission' and inserting `Administration' each place it appears.
(g) Section 3(c) of the Voting Accessibility for the Elderly and Handicapped
Act (42 U.S.C. 1973ee-1(c)) is amended--
(A) by striking `Federal Election Commission' and inserting `Federal
Election Administration'; and
(B) by striking `Commission' and inserting `Administration'; and
(2) in paragraph (2), by striking `Federal Election Commission' and inserting
`Federal Election Administration'.
SEC. 205. EFFECTIVE DATE.
(a) IN GENERAL- This title and the amendments made by this title shall take
effect on the date that is 6 months after the date of enactment of this
Act.
(b) TERMINATION OF THE FEDERAL ELECTION COMMISSION- Notwithstanding any
other provision of, or amendment made by, this Act, the members of the Federal
Election Commission shall be removed from office on the date described in
subsection (a).
END
