[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 421 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 421
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
January 11, 2007
Mr. Meehan (for himself and Mr. Shays) 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 2007''.
(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. 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. 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.
``(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--
``(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.
``(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, subject to approval by majority vote of the members of the
Administration.
``SEC. 355. INSPECTOR GENERAL.
``There shall be in the Administration an inspector general. The
inspector general and the office of inspector general shall be subject
to the Inspector General Act of 1978 (5 U.S.C. App.).
``CHAPTER 2--OPERATION OF THE FEDERAL ELECTION ADMINISTRATION
``SEC. 361. POWERS OF THE CHAIR AND ADMINISTRATION.
``(a) Chair.--
``(1) In general.--The Chair shall be the chief
administrative officer of the Administration with the authority
to administer the Administration and shall, after consultation
with the other 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.
``(e) Judicial Review.--
``(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.
``(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 subsection.
``(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.
``(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.
``(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)(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--
``(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. 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--
(1) in paragraph (1)--
(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).
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