[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1388 Introduced in Senate (IS)]






108th CONGRESS
  1st Session
                                S. 1388

   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 SENATE OF THE UNITED STATES

                             July 10, 2003

 Mr. McCain (for himself and Mr. Feingold) introduced the following 
        bill; which was read twice and referred to the Committee on 
        Rules and AdministrationYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                                 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 2003''.
    (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.
                ``Subtitle B--Administrative Provisions

   ``Chapter 1--Establishment of the Federal Election Administration

        ``Sec. 351. Establishment of the Federal Election 
                            Administration.
        ``Sec. 352. Composition of the Federal Election Administration.
        ``Sec. 353. Staff director.
        ``Sec. 354. General counsel.
        ``Sec. 355. Inspector general.
     ``Chapter 2--Operation of the Federal Election Administration

        ``Sec. 361. Powers of the Chair and Administration.
        ``Sec. 362. Independent budget requests and legislative 
                            proposals.
        ``Sec. 363. Advisory opinions.
        ``Sec. 364. Issuance and enforcement of subpoenas.
        ``Sec. 365. Rulemaking authority.
        ``Sec. 366. Litigation authority.
        ``Sec. 367. Availability of reports.
        ``Sec. 368. Audits and field examinations.
        ``Sec. 369. Congressional oversight.
                        ``Chapter 3--Enforcement

        ``Sec. 371. Initiation of enforcement actions by 
                            Administration.
        ``Sec. 372. Complaint to initiate enforcement action.
        ``Sec. 373. Civil enforcement actions.
        ``Sec. 374. Notification of nonfilers.
        ``Sec. 375. Civil monetary penalties.
        ``Sec. 376. Cease-and-desist orders.
        ``Sec. 377. Collection.
        ``Sec. 378. Confidentiality.
        ``Sec. 379. Criminal penalties.
        ``Sec. 380. Period of limitations.
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 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:
            ``(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 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. The 
2 members of the Administration other than the Chair shall not be 
affiliated with the same political party.
    ``(b) Appointment.--
            ``(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.
            ``(3) Qualifications.--
                    ``(A) An individual who is appointed under 
                paragraph (1) shall possess demonstrated integrity, 
                independence, and public credibility.
                    ``(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.
    ``(c) Term of Office.--
            ``(1) In general.--
                    ``(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, after consultation with the other 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 2 members of the Administration, have the power 
        to appoint or remove the staff director and general counsel 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 no 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 no 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.

``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.
    ``(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 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 section.
    ``(g) Judicial Review.--
            ``(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.
    ``(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 
        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.
            ``(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.

``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;
                    ``(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.--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.
    ``(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.
    ``(c) Conciliation.--
            ``(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.
    ``(f) Judicial Review.--
            ``(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)(2) 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)(2) 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 complain;
            ``(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(b), 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--
                    ``(A) $50,000; or
                    ``(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. 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''.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    Section 314 of the Federal Election Campaign Act of 1971 (2 U.S.C. 
439c) is amended to read as follows:

                   ``authorization of appropriations

    ``Sec. 314. 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.''.

                    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 6 of the National Voter Registration Act of 1993 (42 
U.S.C. 1973gg-4) is amended by striking ``Federal Election Commission'' 
and inserting ``Federal Election Administration''.
    (h) Section 9 of the National Voter Registration Act of 1993 (42 
U.S.C. 1973gg-7) is amended by striking ``Federal Election Commission'' 
and inserting ``Federal Election Administration''.
    (i) Section 3(c) of the Voting Accessibility for the Elderly and 
Handicapped Act (42 U.S.C. 1973ee-1(c)) is amended--
            (1) in paragraph (1), by striking ``Federal Election 
        Commission'' and inserting ``Federal Election 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).
                                 <all>