,,ii #aadth ,,congress #b;d ,session ,s4 #f ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #af1 #bjaf ,mr4 ,udall 7for himself1 ,mr4 ,merkley1 ,mr4 ,whitehouse1 ,mr4 ,schumer1 ,ms4 ,baldwin1 ,mr4 ,bennet1 ,mr4 ,leahy1 ,mr4 ,king1 ,mr4 ,franken1 ,ms4 ,heitkamp1 ,ms4 ,klobuchar1 ,ms4 ,warren1 ,mr4 ,markey1 ,mr4 ,schatz1 ,mr4 ,sanders1 ,mrs4 ,gillibrand1 ,mr4 ,wyden1 ,mr4 ,heinrich1 ,mr4 ,peters1 ,mr4 ,brown1 ,mr4 ,blumenthal1 ,ms4 ,hirono1 ,mr4 ,murphy1 ,mr4 ,casey1 ,mr4 ,cardin1 and ,mr4 ,coons7 introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to reform our government1 reduce the grip of special interest1 and return our democracy to the ,american people through increased transparency and oversight of our elections and government4 #a4 ,short title1 etc 7a7 ,short title ,this ,act may be cited as the ,we the ,people ,act of #bjaf4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title1 etc4 ,,title ,i--,campaign disclosure and transparency reform ,subtitle ,a--,disclosure ,sec4 #ajja4 ,short title4 ,sec4 #ajjb4 ,campaign disbursement reporting4 ,sec4 #ajjc4 ,application of disclosure rules to ,super ,p,a,cs4 ,sec4 #ajjd4 ,effective date4 ,subtitle ,b--,candidate-,super ,,pac coordination ,sec4 #aaja4 ,short title4 ,sec4 #aajb4 ,clarification of treatment of coordinated expenditures as contributions to candidates4 ,sec4 #aajc4 ,clarification of ban on fundraising for ,super ,p,a,cs by ,federal candidates and officeholders4 ,subtitle ,c--,real-,time transparency ,sec4 #abja4 ,short title4 ,sec4 #abjb4 #dh-;hour notification required for all political committees receiving cumulative contributions of #a1jjj or more during a year from any contributor4 ,sec4 #abjc4 ,filing by ,senate candidates with ,federal ,election ,commission4 ,subtitle ,d--,establishment of ,federal ,election ,administration ,sec4 #acja4 ,short title4 ,part ,i--,federal election administration ,sec4 #acaa4 ,establishment of the ,federal ,election ,administration4 ,sec4 #acab4 ,executive schedule positions4 ,sec4 #acac4 ,,gao examination of enforcement of campaign finance laws by the ,department of ,justice4 ,sec4 #acad4 ,,gao study and report on appropriate funding levels4 ,sec4 #acae4 ,conforming amendments4 ,part ,,ii--,transition provisions ,sec4 #acba4 ,transfer of functions of ,federal ,election ,commission4 ,sec4 #acbb4 ,transfer of property1 records1 and personnel4 ,sec4 #acbc4 ,repeals4 ,sec4 #acbd4 ,conforming amendments4 ,sec4 #acbe4 ,treatment of certain regulations4 ,sec4 #acbf4 ,effective date4 ,,title ,,ii--,lobbying reform ,subtitle ,a--,member ban on lobbying ,sec4 #baja4 ,lifetime ban on ,members of ,congress from lobbying4 ,subtitle ,b--,close the #bj-,percent lobbying loophole ,sec4 #bbja4 ,lobbyist registration reforms4 ,,title ,,iii--,revolving door reform ,sec4 #cjja4 ,short title4 ,sec4 #cjjb4 ,restrictions on private sector payment for ,government service4 ,sec4 #cjjc4 ,requirements relating to slowing the revolving door among financial services regulators4 ,sec4 #cjjd4 ,prohibition of procurement officers accepting employment from ,government contractors4 ,sec4 #cjje4 ,revolving door restrictions on financial services regulators moving into the private sector4 ,sec4 #cjjf4 ,restrictions on ,federal examiners and supervisors of financial institutions4 ,,title ,,iv--,severability ,sec4 #djja4 ,severability4 ,i ,campaign disclosure and transparency reform ,a ,disclosure #ajja4 ,short title ,this subtitle may be cited as the ,democracy ,is ,strengthened by ,casting ,light ,on ,spending in ,elections ,act of #bjaf or the ,,disclose ,act of #bjaf4 #ajjb4 ,campaign disbursement reporting 7a7 ,information required ,to be reported 7#a7 ,treatment of functional equivalent of express advocacy as independent expenditure ,subparagraph 7,a7 of section #cja7ag7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7ag77 is amended to read as follows3 7,a7 that expressly advocates the election or defeat of a clearly identified candidate1 or is the functional equivalent of express advocacy because1 when taken as a whole1 it can be interpreted by a reasonable person only as advocating the election or defeat of a candidate1 taking into account whether the communication involved mentions a candidacy1 a political party1 or a challenger to a candidate1 or takes a position on a candidate's character1 qualifications1 or fitness for office2 and 4 7#b7 ,expansion of period during which communications are treated as electioneering communications ,section #cjd7;f77#c77;,a77i7 of such ,act 7#eb ,u4,s4,c4 #cjajd7;f77#c77;,a77i77 is amended-- 7,a7 by redesignating subclause 7,,iii7 as subclause 7,,iv72 and 7,b7 by striking subclause 7,,ii7 and inserting the following3 7,,ii7 in the case of a communication which refers to a candidate for an office other than the ,president or ,vice ,president1 is made during the period beginning on ,january #a of the calendar year in which a general or runoff election is held and ending on the date of the general or runoff election 7or in the case of a special election1 during the period beginning on the date on which the announcement with respect to such election is made and ending on the date of the special election72 7,,iii7 in the case of a communication which refers to a candidate for the office of ,president or ,vice ,president1 is made in any ,state during the period beginning #abj days before the first primary election1 caucus1 or preference election held for the selection of delegates to a national nominating convention of a political party is held in any ,state 7or1 if no such election or caucus is held in any ,state1 the first convention or caucus of a political party which has the authority to nominate a candidate for the office of ,president or ,vice ,president7 and ending on the date of the general election2 and 4 7#c7 ,effective date2 transition for electioneering communications made prior to enactment ,the amendment made by paragraph 7#b7 shall apply with respect to communications made on or after ,january #a1 #bjag1 except that no communication which is made prior to such date shall be treated as an electioneering communication under subclause 7,,ii7 or 7,,iii7 of section #cjd7;f77#c77;,a77i7 of the ,federal ,election ,campaign ,act of #aiga 7as amended by paragraph 7#b77 unless the communication would be treated as an electioneering communication under such section if the amendment made by paragraph 7#b7 did not apply4 7b7 ,disclosure requirements for corporations1 labor organizations1 and certain other entities 7#a7 ,in general ,section #cbd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabf7 is amended to read as follows3 #cbd4 ,disclosure of campaign-related disbursements by covered organizations 7a7 ,disclosure statement 7#a7 ,in general ,any covered organization that makes campaign-related disbursements aggregating more than #aj1jjj in an election reporting cycle shall1 not later than #bd hours after each disclosure date1 file a statement with the ,commission made under penalty of perjury that contains the information described in paragraph 7#b7-- 7,a7 in the case of the first statement filed under this subsection1 for the period beginning on the first day of the election reporting cycle and ending on the first such disclosure date2 and 7,b7 in the case of any subsequent statement filed under this subsection1 for the period beginning on the previous disclosure date and ending on such disclosure date4 7#b7 ,information described ,the information described in this paragraph is as follows3 7,a7 ,the name of the covered organization and the principal place of business of such organization4 7,b7 ,the amount of each campaign-related disbursement made by such organization during the period covered by the statement of more than #a1jjj1 and the name and address of the person to whom the disbursement was made4 7,c7 ,in the case of a campaign-related disbursement that is not a covered transfer1 the election to which the campaign-related disbursement pertains and if the disbursement is made for a public communication1 the name of any candidate identified in such communication and whether such communication is in support of or in opposition to a candidate4 7,d7 ,a certification by the chief executive officer or person who is the head of the covered organization that the campaign-related disbursement is not made in cooperation1 consultation1 or concert with or at the request or suggestion of a candidate1 authorized committee1 or agent of a candidate1 political party1 or agent of a political party4 7,e7 ,if the covered organization makes campaign-related disbursements using exclusively funds in a segregated bank account consisting of funds that were paid directly to such account by persons other than the covered organization that controls the account1 for each such payment to the account-- 7i7 the name and address of each person who made such payment during the period covered by the statement2 7ii7 the date and amount of such payment2 and 7iii7 the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle and ending on the disclosure date1 but only if such payment was made by a person who made payments to the account in an aggregate amount of #aj1jjj or more during the period beginning on the first day of the election reporting cycle and ending on the disclosure date4 7,f7 ,if the covered organization makes campaign-related disbursements using funds other than funds in a segregated bank account described in subparagraph 7,e71 for each payment to the covered organization-- 7i7 the name and address of each person who made such payment during the period covered by the statement2 7ii7 the date and amount of such payment2 and 7iii7 the aggregate amount of all such payments made by the person during the period beginning on the first day of the election reporting cycle and ending on the disclosure date1 but only if such payment was made by a person who made payments to the covered organization in an aggregate amount of #aj1jjj or more during the period beginning on the first day of the election reporting cycle and ending on the disclosure date4 7,g7 ,such other information as required in rules established by the ,commission to promote the purposes of this section4 7#c7 ,exceptions 7,a7 ,amounts received in ordinary course of business ,the requirement to include in a statement filed under paragraph 7#a7 the information described in paragraph 7#b7 shall not apply to amounts received by the covered organization in commercial transactions in the ordinary course of any trade or business conducted by the covered organization or in the form of investments 7other than investments by the principal shareholder in a limited liability corporation7 in the covered organization4 7,b7 ,donor restriction on use of funds ,the requirement to include in a statement submitted under paragraph 7#a7 the information described in subparagraph 7,f7 of paragraph 7#b7 shall not apply if-- 7i7 the person described in such subparagraph prohibited1 in writing1 the use of the payment made by such person for campaign-related disbursements2 and 7ii7 the covered organization agreed to follow the prohibition and deposited the payment in an account which is segregated from any account used to make campaign-related disbursements4 7,c7 ,amounts received from affiliates ,the requirement to include in a statement submitted under paragraph 7#a7 the information described in subparagraph 7,f7 of paragraph 7#b7 shall not apply to any amount which is described in subsection 7f77#c77;,a77i74 7#d7 ,other definitions ,for purposes of this section3 7,a7 ,disclosure date ,the term disclosure date means-- 7i7 the first date during any election reporting cycle by which a person has made campaign-related disbursements aggregating more than #aj1jjj2 and 7ii7 any other date during such election reporting cycle by which a person has made campaign-related disbursements aggregating more than #aj1jjj since the most recent disclosure date for such election reporting cycle4 7,b7 ,election reporting cycle ,the term election reporting cycle means the #b-year period beginning on the date of the most recent general election for ,federal office4 7,c7 ,payment ,the term payment includes any contribution1 donation1 transfer1 payment of dues1 or other payment4 7b7 ,coordination with other provisions 7#a7 ,other reports filed with the ,commission ,information included in a statement filed under this section may be excluded from statements and reports filed under section #cjd4 7#b7 ,treatment as separate segregated fund ,a segregated bank account referred to in subsection 7a77#b77;,e7 may be treated as a separate segregated fund for purposes of section #ebg7;f77#c7 of the ,internal ,revenue ,code of #aihf4 7c7 ,filing ,statements required to be filed under subsection 7a7 shall be subject to the requirements of section #cjd7;d7 to the same extent and in the same manner as if such reports had been required under subsection 7c7 or 7g7 of section #cjd4 7d7 ,campaign-,related disbursement defined ,in this section1 the term campaign-related disbursement means a disbursement by a covered organization for any of the following3 7#a7 ,an independent expenditure consisting of a public communication4 7#b7 ,an electioneering communication1 as defined in section #cjd7;f77#c74 7#c7 ,a covered transfer4 7e7 ,covered organization defined ,in this section1 the term covered organization means any of the following3 7#a7 ,a corporation 7other than an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf74 7#b7 ,an organization described in section #eja7;c7 of such ,code and exempt from taxation under section #eja7;a7 of such ,code 7other than an organization described in section #eja7;c77#c7 of such ,code74 7#c7 ,a labor organization 7as defined in section #caf7;b774 7#d7 ,any political organization under section #ebg of the ,internal ,revenue ,code of #aihf1 other than a political committee under this ,act4 7f7 ,covered transfer defined 7#a7 ,in general ,in this section1 the term covered transfer means any transfer or payment of funds by a covered organization to another person if the covered organization-- 7,a7 designates1 requests1 or suggests that the amounts be used for-- 7i7 campaign-related disbursements 7other than covered transfers72 or 7ii7 making a transfer to another person for the purpose of making or paying for such campaign-related disbursements2 7,b7 made such transfer or payment in response to a solicitation or other request for a donation or payment for-- 7i7 the making of or paying for campaign-related disbursements 7other than covered transfers72 or 7ii7 making a transfer to another person for the purpose of making or paying for such campaign-related disbursements2 7,c7 engaged in discussions with the recipient of the transfer or payment regarding-- 7i7 the making of or paying for campaign-related disbursements 7other than covered transfers72 or 7ii7 donating or transferring any amount of such transfer or payment to another person for the purpose of making or paying for such campaign-related disbursements2 7,d7 made campaign-related disbursements 7other than a covered transfer7 in an aggregate amount of #ej1jjj or more during the #b-year period ending on the date of the transfer or payment1 or knew or had reason to know that the person receiving the transfer or payment made such disbursements in such an aggregate amount during that #b-year period2 or 7,e7 knew or had reason to know that the person receiving the transfer or payment would make campaign-related disbursements in an aggregate amount of #ej1jjj or more during the #b-year period beginning on the date of the transfer or payment4 7#b7 ,exclusions ,the term covered transfer does not include any of the following3 7,a7 ,a disbursement made by a covered organization in a commercial transaction in the ordinary course of any trade or business conducted by the covered organization or in the form of investments made by the covered organization4 7,b7 ,a disbursement made by a covered organization if-- 7i7 the covered organization prohibited1 in writing1 the use of such disbursement for campaign-related disbursements2 and 7ii7 the recipient of the disbursement agreed to follow the prohibition and deposited the disbursement in an account which is segregated from any account used to make campaign-related disbursements4 7#c7 ,exception for certain transfers among affiliates 7,a7 ,exception for certain transfers among affiliates 7i7 ,in general ,the term covered transfer does not include an amount transferred by one covered organization to another covered organization if such transfer-- 7,i7 is not made directly into a separate segregated bank account described in subsection 7a77#b77;,e72 and 7,,ii7 is treated as a transfer between affiliates under subparagraph 7,b74 7ii7 ,special rule ,if the aggregate amount of transfers described in clause 7i7 exceeds #ej1jjj in any election reporting cycle-- 7,i7 the covered organization which makes such transfers shall provide to the covered organization receiving such transfers the information required under subsection 7a77#b77;,f7 7applied by substituting the period beginning on the first day of the election reporting cycle and ending on the date of the most recent transfer described in subsection 7f77#c77;,a77i7 for the period covered by the statement in clause 7i7 thereof72 and 7,,ii7 the covered organization receiving such transfers shall report the information described in subclause 7,i7 on any statement filed under subsection 7a77#a7 as if any contribution1 donation1 or transfer to which such information relates was made directly to the covered organization receiving the transfer4 7,b7 ,description of transfers between affiliates ,a transfer of amounts from one covered organization to another covered organization shall be treated as a transfer between affiliates if-- 7i7 one of the organizations is an affiliate of the other organization2 or 7ii7 each of the organizations is an affiliate of the same organization1 except that the transfer shall not be treated as a transfer between affiliates if one of the organizations is established for the purpose of making campaign-related disbursements4 7,c7 ,determination of affiliate status ,for purposes of this paragraph1 the following organizations shall be considered to be affiliated with each other3 7i7 ,a membership organization1 including a trade or professional association1 and the related ,state and local entities of that organization4 7ii7 ,a national or international labor organization and its ,state or local unions1 or an organization of national or international unions and its ,state and local entities4 7iii7 ,a corporation and its wholly owned subsidiaries4 7,d7 ,coverage of transfers to affiliated section #eja7;c77#c7 organizations ,this paragraph shall apply with respect to an amount transferred by a covered organization to an organization described in paragraph 7#c7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code in the same manner as this paragraph applies to an amount transferred by a covered organization to another covered organization4 4 7#b7 ,conforming amendment ,section #cjd7;f77#f7 of such ,act 7#eb ,u4,s4,c4 #cjajd7 is amended by striking ,any requirement and inserting ,except as provided in section #cbd7;b71 any requirement4 #ajjc4 ,application of disclosure rules to ,super ,p,a,cs 7a7 ,in general ,subsection 7e7 of section #cbd of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabf71 as amended by section #ajjb1 is amended by adding at the end the following new paragraph3 7#e7 ,a political committee with an account that accepts donations or contributions that do not comply with the contribution limits or source prohibitions under this ,act1 but only with respect to such accounts4 4 7b7 ,conforming amendment ,paragraph 7#d7 of section #cbd7;e7 of such ,act 7#eb ,u4,s4,c4 #cjabf71 as amended by section #ajjb1 is amended by inserting 7except as provided in paragraph 7#e77 before the period at the end4 #ajjd4 ,effective date ,except as provided in section #ajb7;a77#c71 the amendments made by this subtitle shall apply with respect to disbursements made on or after ,january #a1 #bjag1 and shall take effect without regard to whether or not the ,federal ,election ,commission has promulgated regulations to carry out such amendments4 ,b ,candidate-,super ,,pac coordination #aaja4 ,short title ,this subtitle may be cited as the ,stop ,super ,,pac-,candidate ,coordination ,act4 #aajb4 ,clarification of treatment of coordinated expenditures as contributions to candidates 7a7 ,treatment as contribution to candidate ,section #cja7h77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7h77;,a77 is amended-- 7#a7 by striking or at the end of clause 7i72 7#b7 by striking the period at the end of clause 7ii7 and inserting 2 or2 and 7#c7 by adding at the end the following new clause3 7iii7 any payment made by any person 7other than a candidate1 an authorized committee of a candidate1 or a political committee of a political party7 for a coordinated expenditure 7as such term is defined in section #cbe7 which is not otherwise treated as a contribution under clause 7i7 or clause 7ii74 4 7b7 ,definitions ,title ,,iii of such ,act 7#eb ,u4,s4,c4 #cjaja et seq471 as amended by this ,act1 is amended to by adding at the end the following new section3 #cbe4 ,payments for coordinated expenditures 7a7 ,coordinated expenditures 7#a7 ,in general ,for purposes of section #cja7h77;,a77iii71 the term coordinated expenditure means-- 7,a7 any expenditure1 or any payment for a covered communication described in subsection 7d71 which is made in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate1 an authorized committee of a candidate1 a political committee of a political party1 or agents of the candidate or committee1 as defined in subsection 7b72 or 7,b7 any payment for any communication which republishes1 disseminates1 or distributes1 in whole or in part1 any video or broadcast or any written1 graphic1 or other form of campaign material prepared by the candidate or committee or by agents of the candidate or committee 7including any excerpt or use of any video from any such broadcast or written1 graphic1 or other form of campaign material74 7#b7 ,exception for payments for certain communications ,a payment for a communication 7including a covered communication described in subsection 7d77 shall not be treated as a coordinated expenditure under this subsection if-- 7,a7 the communication appears in a news story1 commentary1 or editorial distributed through the facilities of any broadcasting station1 newspaper1 magazine1 or other periodical publication1 unless such facilities are owned or controlled by any political party1 political committee1 or candidate2 or 7,b7 the communication constitutes a candidate debate or forum conducted pursuant to regulations adopted by the ,commission pursuant to section #cjd7;f77#c77;,b77iii71 or which solely promotes such a debate or forum and is made by or on behalf of the person sponsoring the debate or forum4 7b7 ,coordination described 7#a7 ,in general ,for purposes of this section1 a payment is made in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate1 an authorized committee of a candidate1 a political committee of a political party1 or agents of the candidate or committee1 if the payment1 or any communication for which the payment is made1 is not made entirely independently of the candidate1 committee1 or agents4 ,for purposes of the previous sentence1 a payment or communication not made entirely independently of the candidate or committee includes any payment or communication made pursuant to any general or particular understanding with1 or pursuant to any communication with1 the candidate1 committee1 or agents about the payment or communication4 7#b7 ,no finding of coordination based solely on sharing of information regarding legislative or policy position ,for purposes of this section1 a payment shall not be considered to be made by a person in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate or committee1 solely on the grounds that the person or the person's agent engaged in discussions with the candidate or committee1 or with any agent of the candidate or committee1 regarding that person's position on a legislative or policy matter 7including urging the candidate or committee to adopt that person's position71 so long as there is no communication between the person and the candidate or committee1 or any agent of the candidate or committee1 regarding the candidate's or committee's campaign advertising1 message1 strategy1 policy1 polling1 allocation of resources1 fundraising1 or other campaign activities4 7#c7 ,no effect on party coordination standard ,nothing in this section shall be construed to affect the determination of coordination between a candidate and a political committee of a political party for purposes of section #cae7;d74 7#d7 ,no safe harbor for use of firewall ,a person shall be determined to have made a payment in cooperation1 consultation1 or concert with1 or at the request or suggestion of1 a candidate or committee1 in accordance with this section without regard to whether or not the person established and used a firewall or similar procedures to restrict the sharing of information between individuals who are employed by or who are serving as agents for the person making the payment4 7c7 ,payments by coordinated spenders for covered communications 7#a7 ,payments made in cooperation1 consultation1 or concert with candidates ,for purposes of subsection 7a77#a77;,a71 if the person who makes a payment for a covered communication1 as defined in subsection 7d71 is a coordinated spender under paragraph 7#b7 with respect to the candidate as described in subsection 7d77#a71 the payment for the covered communication is made in cooperation1 consultation1 or concert with the candidate4 7#b7 ,coordinated spender defined ,for purposes of this subsection1 the term coordinated spender means1 with respect to a candidate or an authorized committee of a candidate1 a person 7other than a political committee of a political party7 for which any of the following applies3 7,a7 ,during the #d-year period ending on the date on which the person makes the payment1 the person was directly or indirectly formed or established by or at the request or suggestion of1 or with the encouragement of1 the candidate 7including an individual who later becomes a candidate7 or committee or agents of the candidate or committee1 including with the approval of the candidate or committee or agents of the candidate or committee4 7,b7 ,the candidate or committee or any agent of the candidate or committee solicits funds1 appears at a fundraising event1 or engages in other fundraising activity on the person's behalf during the election cycle involved1 including by providing the person with names of potential donors or other lists to be used by the person in engaging in fundraising activity1 regardless of whether the person pays fair market value for the names or lists provided4 ,for purposes of this subparagraph1 the term election cycle means1 with respect to an election for ,federal office1 the period beginning on the day after the date of the most recent general election for that office 7or1 if the general election resulted in a runoff election1 the date of the runoff election7 and ending on the date of the next general election for that office 7or1 if the general election resulted in a runoff election1 the date of the runoff election74 7,c7 ,the person is established1 directed1 or managed by the candidate or committee or by any person who1 during the #d-year period ending on the date on which the person makes the payment1 has been employed or retained as a political1 campaign media1 or fundraising adviser or consultant for the candidate or committee or for any other entity directly or indirectly controlled by the candidate or committee1 or has held a formal position with the candidate or committee4 7,d7 ,the person has retained the professional services of any person who1 during the #b-year period ending on the date on which the person makes the payment1 has provided or is providing professional services relating to the campaign to the candidate or committee4 ,for purposes of this subparagraph1 the term professional services includes any services in support of the candidate's or committee's campaign activities1 including advertising1 message1 strategy1 policy1 polling1 allocation of resources1 fundraising1 and campaign operations1 but does not include accounting or legal services4 7,e7 ,the person is established1 directed1 or managed by a member of the immediate family of the candidate1 or the person or any officer or agent of the person has had more than incidental discussions about the candidate's campaign with a member of the immediate family of the candidate4 ,for purposes of this subparagraph1 the term immediate family has the meaning given such term in section #ijjd7;e7 of the ,internal ,revenue ,code of #aihf4 7d7 ,covered communication defined 7#a7 ,in general ,for purposes of this section1 the term covered communication means1 with respect to a candidate or an authorized committee of a candidate1 a public communication 7as defined in section #cja7bb77 which-- 7,a7 expressly advocates the election of the candidate or the defeat of an opponent of the candidate 7or contains the functional equivalent of express advocacy72 7,b7 promotes or supports the candidate1 or attacks or opposes an opponent of the candidate 7regardless of whether the communication expressly advocates the election or defeat of a candidate or contains the functional equivalent of express advocacy72 or 7,c7 refers to the candidate or an opponent of the candidate but is not described in subparagraph 7,a7 or subparagraph 7,b71 but only if the communication is disseminated during the applicable election period4 7#b7 ,applicable election period ,in paragraph 7#a77;,b71 the applicable election period with respect to a communication means-- 7,a7 in the case of a communication which refers to a candidate in a general1 special1 or runoff election1 the #abj-;day period which ends on the date of the election2 or 7,b7 in the case of a communication which refers to a candidate in a primary or preference election1 or convention or caucus of a political party that has authority to nominate a candidate1 the #fj-;day period which ends on the date of the election or convention or caucus4 7#c7 ,special rules for communications involving congressional candidates ,for purposes of this subsection1 a public communication shall not be considered to be a covered communication with respect to a candidate for election for an office other than the office of ,president or ,vice ,president unless it is publicly disseminated or distributed in the jurisdiction of the office the candidate is seeking4 7e7 ,penalty 7#a7 ,determination of amount ,any person who knowingly and willfully commits a violation of this ,act by making a contribution which consists of a payment for a coordinated expenditure shall be fined an amount equal to the greater of-- 7,a7 in the case of a person who makes a contribution which consists of a payment for a coordinated expenditure in an amount exceeding the applicable contribution limit under this ,act1 #cjj percent of the amount by which the amount of the payment made by the person exceeds such applicable contribution limit2 or 7,b7 in the case of a person who is prohibited under this ,act from making a contribution in any amount1 #cjj percent of the amount of the payment made by the person for the coordinated expenditure4 7#b7 ,joint and several liability ,any director1 manager or officer of a person who is subject to a penalty under paragraph 7#a7 shall be jointly and severally liable for any amount of such penalty that is not paid by the person prior to the expiration of the #a-year period which begins on the date the ,commission imposes the penalty or the #a-year period which begins on the date of the final judgment following any judicial review of the ,commission's action1 whichever is later4 4 7c7 ,effective date 7#a7 ,repeal of existing regulations on coordination ,effective upon the expiration of the #ij-;day period which begins on the date of the enactment of this ,act-- 7,a7 the regulations on coordinated communications adopted by the ,federal ,election ,commission which are in effect on the date of the enactment of this ,act 7as set forth in #aa ,c4,f4,r4 ,part #aji1 ,subpart ,c1 under the heading ,coordination7 are repealed2 and 7,b7 the ,federal ,election ,commission shall promulgate new regulations on coordinated communications which reflect the amendments made by this title4 7#b7 ,effective date ,the amendments made by this section shall apply with respect to payments made on or after the expiration of the #abj-;day period which begins on the date of the enactment of this ,act1 without regard to whether or not the ,federal ,election ,commission has promulgated regulations in accordance with paragraph 7#a77;,b7 as of the expiration of such period4 #aajc4 ,clarification of ban on fundraising for ,super ,p,a,cs by ,federal candidates and officeholders 7a7 ,in ,general ,section #cbc7;e77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabe7;e77#a77 is amended-- 7#a7 by striking or at the end of subparagraph 7,a72 7#b7 by striking the period at the end of subparagraph 7,b7 and inserting 2 or2 and 7#c7 by adding at the end the following new subparagraph3 7,c7 solicit1 receive1 direct1 or transfer funds to or on behalf of any political committee which accepts donations or contributions that do not comply with the limitations1 prohibitions1 and reporting requirements of this ,act 7or to or on behalf of any account of a political committee which is established for the purpose of accepting such donations or contributions71 or to or on behalf of any political organization under section #ebg of the ,internal ,revenue ,code of #aihf which accepts such donations or contributions 7other than a committee of a ,state or local political party or a candidate for election for ,state or local office74 4 7b7 ,effective ,date ,the amendment made by subsection 7a7 shall apply with respect to elections occurring after ,january #a1 #bjag4 ,c ,real-,time ,transparency #abja4 ,short title ,this subtitle may be cited as the ,real ,time ,transparency ,act4 #abjb4 #dh-;hour notification required for all political committees receiving cumulative contributions of #a1jjj or more during a year from any contributor 7a7 ,notification ,section #cjd7;a77#f77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #dcd7;a77#f77;,a77 is amended to read as follows3 7,a7 7i7 ,if a political committee receives an aggregate amount of contributions equal to or greater than #a1jjj from any contributor during a calendar year1 the committee shall submit a notification to the ,commission containing the name of the committee 7and1 in the case of an authorized committee of a candidate1 the name of the candidate and the office sought by the candidate71 the identification of the contributor1 and the date of receipt and amount of the contributions involved4 7ii7 ,if1 at any time after a political committee is required to submit a notification under this subparagraph with respect to a contributor during a calendar year1 the political committee receives additional contributions from that contributor during that year1 the committee shall submit an additional notification under clause 7i7 with respect to such contributor each time the aggregate amount of the additional contributions received from the contributor during the year equals or exceeds #a1jjj 7excluding the amount of any contribution for which information is required to be included in a previous notification under this subparagraph74 7iii7 ,the political committee shall submit the notification required under this subparagraph with respect to a contributor-- 7,i7 in the case of a notification described in clause 7i71 not later than #dh hours after the date on which the aggregate amount of contributions received from the contributor during the calendar year first equals or exceeds #a1jjj2 or 7,,ii7 in the case of an additional notification described in clause 7ii71 not later than #dh hours after the date on which the aggregate amount of contributions received from the contributor during the calendar year for which information was not already included in a notification under this subparagraph first equals or exceeds #a1jjj4 7iv7 ,for purposes of this subparagraph1 any amount transferred by a joint fundraising committee which is established by an authorized committee of a candidate to any other authorized committee of that candidate shall be treated as a contribution by the joint fundraising committee to such authorized committee4 4 7b7 ,effective ,date ,the amendment made by subsection 7a7 shall apply with respect to contributions received by a political committee under the ,federal ,election ,campaign ,act of #aiga during #bjaf or any succeeding year1 except that nothing in such amendment may be construed to require a political committee which does not receive contributions during the portion of #bjaf which occurs after the date of the enactment of this ,act to meet the requirements of section #cjd7;a77#f77;,a7 of the ,federal ,election ,campaign ,act of #aiga1 as amended by subsection 7a74 #abjc4 ,filing by ,senate candidates with ,federal ,election ,commission 7a7 ,mandatory ,filing with ,,fec ,section #cjb7;g7 of the ,federal ,election ,campaign ,act of #aiga 7#b ,u4,s4,c4 #dcb7;g77 is amended to read as follows3 7g7 ,filing ,with the ,commission ,all designations1 statements1 and reports required to be filed under this ,act shall be filed with the ,commission4 4 7b7 ,effective ,date ,the amendment made by subsection 7a7 shall apply with respect to materials filed on or after the date of the enactment of this ,act4 ,d ,establishment of ,federal ,election ,administration #acja4 ,short title ,this subtitle may be cited as the ,federal ,election ,administration ,act of #bjaf4 ,i ,federal election administration #acaa4 ,establishment of the ,federal ,election ,administration 7a7 ,in ,general ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by adding at the end the following new subtitle3 ,b ,administrative ,provisions #a ,,establishment ,,of ,,the ,,federal ,,election ,,administration #cea4 ,establishment of the ,federal ,election ,administration 7a7 ,in ,general ,there is established the ,federal ,election ,administration 7in this ,act referred to as the ,administration74 7b7 ,independent ,establishment ,the ,administration shall be an independent establishment 7as defined in section #ajd of title #e1 ,united ,states ,code74 7c7 ,purpose ,the ,administration shall administer1 seek to obtain compliance with1 enforce1 and formulate policy in a manner that is consistent with the language and intent of ,congress with respect to the following statutes3 7#a7 ,this ,act4 7#b7 ,the ,presidential ,election ,campaign ,fund ,act under chapter #ie of the ,internal ,revenue ,code of #aihf4 7#c7 ,the ,presidential ,primary ,matching ,payment ,account ,act under chapter #if of the ,internal ,revenue ,code of #aihf4 7d7 ,exclusive ,civil ,jurisdiction ,the ,administration shall have exclusive jurisdiction with respect to the civil enforcement of the statutes identified in subsection 7c74 7e7 ,voting ,requirement ,all decisions of the ,administration with respect to the exercise of its duties and powers under this ,act1 except those expressly reserved for decision by the ,chair1 shall be made by a majority vote of its members4 7f7 ,meetings and ,quorum 7#a7 ,meetings ,the ,administration shall meet-- 7,a7 at least once each month2 and 7,b7 at the call of the ,chair4 7#b7 ,quorum ,a majority of the members of the ,administration shall constitute a quorum4 7g7 ,seal ,the ,administration shall procure a proper seal1 with such suitable inscriptions and devices as the ,president shall approve4 ,this seal1 to be known as the official seal of the ,federal ,election ,administration1 shall be kept and used to verify official documents1 under such rules and regulations as the ,administration may prescribe4 ,judicial notice shall be taken of the seal4 7h7 ,principal ,office ,the principal office of the ,administration shall be in or near the ,district of ,columbia1 but the ,administration may meet or exercise any of its powers anywhere in the ,united ,states4 #ceb4 ,composition of the ,federal ,election ,administration 7a7 ,in ,general ,the ,administration shall be composed of #e members1 #a of whom shall serve as the ,chair of the ,administration4 ,not more than #b members of the ,administration shall be affiliated with the same political party while serving as a member of the ,administration4 ,for purposes of the preceding sentence1 a member shall be treated as affiliated with a political party if such member was affiliated with such political party at any time during the #e-year period ending on the date on which such individual is nominated to be a member of the ,administration4 7b7 ,appointment 7#a7 ,in general ,each member of the ,administration shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,chair ,the ,president shall1 at the time of nomination of the first #e members of the ,administration1 designate #a of the #e to serve as the ,chair4 ,any individual appointed to succeed1 or to fill the unexpired term of1 that member 7or any member succeeding that member7 shall serve as the ,chair4 7#c7 ,qualifications 7,a7 ,in general ,the ,president may select an individual for service as a ,member of the ,commission if the individual has experience in election law and has a demonstrated record of integrity1 impartiality1 and good judgment4 7,b7 ,assistance of blue ribbon advisory panel 7i7 ,in general ,prior to the regularly scheduled expiration of the term of a member of the ,commission and upon the occurrence of a vacancy in the membership of the ,commission prior to the expiration of a term1 the ,president shall convene a ,blue ,ribbon ,advisory ,panel1 that includes individuals representing each major political party and individuals who are independent of a political party and that consists of an odd number of individuals selected by the ,president from retired ,federal judges1 former law enforcement officials1 or individuals with experience in election law1 except that the ,president may not select any individual to serve on the panel who holds any public office at the time of selection4 7ii7 ,recommendations ,with respect to each member of the ,commission whose term is expiring or each vacancy in the membership of the ,commission 7as the case may be71 the ,blue ,ribbon ,advisory ,panel shall recommend to the ,president at least one but not more than #c individuals for nomination for appointment as a member of the ,commission4 7iii7 ,publication ,at the time the ,president submits to the ,senate the nominations for individuals to be appointed as members of the ,commission1 the ,president shall publish the ,blue ,ribbon ,advisory ,panel's recommendations for such nominations4 7iv7 ,exemption from ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to a ,blue ,ribbon ,advisory ,panel convened under this subparagraph4 7c7 ,term of ,office 7#a7 ,in general 7,a7 ,chair ,the ,chair of the ,administration shall be appointed for a term of #aj years4 7,b7 ,other members ,subject to subparagraph 7,c71 the #d members of the ,administration other than the ,chair shall be appointed for a term of #f years4 7,c7 ,initial appointments ,of the members initially appointed under subparagraph 7,b71 #b members shall be appointed for a term of #c years4 7#b7 ,limitation to one term ,a member of the ,administration may only serve #a term1 except that-- 7,a7 an individual appointed under subparagraph 7,b7 of paragraph 7#a7 who is appointed for the term described in subparagraph 7,c7 of such paragraph may be appointed to a #f-year term in addition to the term described in such subparagraph2 and 7,b7 an individual appointed under paragraph 7#d7 to fill the remainder of an unexpired term that has less than #a_/b of the term remaining may be appointed to serve another term4 7#c7 ,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-- 7,a7 the date on which such individual's successor has taken office2 or 7,b7 #a year following the date on which the term of such member expired4 7#d7 ,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 predecessor4 ,such vacancy shall be filled in the same manner as the original appointment4 7#e7 ,prohibiting engagement with other business or employment during service ,a member of the ,commission shall not engage in any other business1 vocation1 or employment4 ,any individual who is engaging in any other business1 vocation1 or employment at the time of his or her appointment to the ,commission shall terminate or liquidate such activity not later than #ij days after such appointment4 7d7 ,removal ,a member of the ,administration may be removed by the ,president only for inefficiency1 neglect of duty1 or malfeasance in office4 #cec4 ,staff director 7a7 ,in ,general ,there shall be in the ,administration a staff director4 7b7 ,responsibilities ,the staff director-- 7#a7 shall assist the ,administration in its administration and operations2 7#b7 shall perform such responsibilities as the ,administration shall prescribe2 and 7#c7 may1 with the approval of the ,chair-- 7,a7 appoint and fix the pay of such additional personnel as the staff director considers appropriate without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service2 and 7,b7 procure temporary and intermittent services to the same extent as is authorized by section #caji7;b7 of title #e1 ,united ,states ,code1 but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade ,,gs-#ae of the ,general ,schedule 7#e ,u4,s4,c4 #eccb74 7c7 ,appointment ,the staff director shall be appointed by the ,chair1 after consultation with the other members of the ,administration4 7d7 ,other ,activities ,an individual may not engage in any other business1 vocation1 or employment while serving as the staff director4 #ced4 ,general counsel 7a7 ,in ,general ,there shall be in the ,administration a general counsel4 7b7 ,responsibilities ,the general counsel shall-- 7#a7 serve as the chief legal officer of the ,administration2 7#b7 provide legal assistance to the ,administration concerning its programs and policies2 7#c7 advise and assist the ,administration in carrying out its responsibilities under section #cfa2 and 7#d7 represent the ,administration in any proceeding in court or before an administrative law judge4 7c7 ,appointment ,the general counsel shall be appointed by the ,chair1 subject to approval by majority vote of the members of the ,administration4 #cee4 ,inspector general ,there shall be in the ,administration an inspector general4 ,the inspector general and the office of inspector general shall be subject to the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app474 #b ,,operation ,,of ,,the ,,federal ,,election ,,administration #cfa4 ,powers of the ,chair and ,administration 7a7 ,chair 7#a7 ,in general ,the ,chair shall be the chief administrative officer of the ,administration with the authority to administer the ,administration and shall1 after consultation with the other members of the ,administration1 have the power to appoint or remove the staff director and to establish the budget of the ,administration4 7#b7 ,other powers ,the ,chair has the power-- 7,a7 to the fullest extent practicable1 to request the assistance of other agencies and departments of the ,united ,states1 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 personnel1 facilities1 and other assistance1 with or without reimbursement2 7,b7 to appoint1 assign1 remove1 and compensate administrative law judges in accordance with title #e1 ,united ,states ,code2 7,c7 to require1 by special or general orders1 any person to submit1 under oath1 such written reports and answers to questions as the ,chair may prescribe2 7,d7 to administer oaths or affirmations2 7,e7 to issue and enforce subpoenas in accordance with section #cfd2 7,f7 in any proceeding or investigation1 to order testimony to be taken by deposition before any person who is designated by the ,chair and has the power to administer oaths and1 in such instances1 to compel testimony and the production of evidence in the same manner as authorized under subparagraph 7,e72 7,g7 to pay witnesses fees and mileage in accordance with section #cfd7;d72 and 7,h7 to make independent budget requests to ,congress in accordance with section #cfb4 7b7 ,administration ,the ,administration shall have the power-- 7#a7 to initiate1 defend1 or appeal1 through the general counsel1 any civil action in the name of the ,administration to enforce the provisions of this ,act and chapters #ie and #if of the ,internal ,revenue ,code of #aihf2 7#b7 to assess civil penalties for violations of this ,act and chapters #ie and #if of the ,internal ,revenue ,code of #aihf2 7#c7 to issue cease-and-desist orders to prevent violations of this ,act and chapters #ie and #if of the ,internal ,revenue ,code of #aihf2 7#d7 to establish procedures and schedules for agency adjudication that ensure timely enforcement of this ,act and chapters #ie and #if of the ,internal ,revenue ,code of #aihf2 7#e7 to render advisory opinions under section #cfc2 7#f7 to develop prescribed forms1 and to make1 amend1 and repeal rules1 pursuant to section #cfe2 7#g7 to establish procedures for alternative dispute resolution of violations of this ,act or of chapters #ie or #if of the ,internal ,revenue ,code of #aihf2 7#h7 to conduct investigations and hearings expeditiously1 to encourage voluntary compliance1 and to report apparent violations to the appropriate law enforcement authorities2 and 7#i7 to transmit to the ,president and to ,congress not later than ,june #a of each year1 a report which states in detail the activities of the ,administration in carrying out its duties under this ,act1 and which includes any recommendations for any legislative or other action the ,administration considers appropriate4 #cfb4 ,independent budget requests and legislative proposals 7a7 ,exemption ,from ,,omb ,oversight ,whenever the ,chair submits any budget estimate or request to the ,president or the ,office of ,management and ,budget1 the ,chair shall concurrently transmit a copy of such estimate or request to ,congress4 7b7 ,authority ,to ,make ,independent ,legislative ,recommendations ,whenever the ,administration submits any legislative recommendation1 testimony1 or comments on legislation requested by ,congress or by any ,member of ,congress1 to the ,president or the ,office of ,management and ,budget1 the ,administration shall concurrently transmit a copy thereof to ,congress or to the ,member requesting the same4 ,no officer or agency of the ,united ,states shall have any authority to require the ,administration to submit its legislative recommendations1 testimony1 or comments on legislation1 to any office or agency of the ,united ,states for approval1 comments1 or review1 prior to the submission of such recommendations1 testimony1 or comments to ,congress4 #cfc4 ,advisory opinions 7a7 ,requests for ,advisory ,opinions 7#a7 ,in general ,not later than #fj days after the ,administration receives from a person a complete written request concerning the application of this ,act1 chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 or a rule or regulation prescribed by the ,administration1 with respect to a specific transaction or activity by the person1 the ,administration shall render a written advisory opinion relating to such transaction or activity to the person4 7#b7 ,requests by candidates ,if an advisory opinion is requested by a candidate1 or any authorized committee of such candidate1 during the #fj-;day period before any election for ,federal office involving the requesting party1 the ,administration shall render a written advisory opinion relating to such request not later than #bj days after the ,administration receives a complete written request4 7b7 ,rulemaking ,required ,any rule of law which is not stated in this ,act or in chapter #ie or #if of the ,internal ,revenue ,code of #aihf may be initially proposed by the ,administration only as a rule or regulation pursuant to procedures established in section #cfe4 ,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 section4 7c7 ,reliance on ,advisory ,opinions 7#a7 ,in general ,any advisory opinion rendered by the ,administration under subsection 7a7 may be relied upon by-- 7,a7 any person involved in the specific transaction or activity with respect to which such advisory opinion is rendered2 and 7,b7 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 rendered4 7#b7 ,protection from liability ,notwithstanding any other provisions of law1 any person who relies upon any provision or finding of an advisory opinion in accordance with the provisions of paragraph 7#a7 and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not1 as a result of any such act1 be subject to any sanction provided by this ,act or by chapter #ie or #if of the ,internal ,revenue ,code of #aihf4 7d7 ,notice and comment 7#a7 ,publication of requests ,the ,administration shall make public any request made under subsection 7a7 for an advisory opinion4 7#b7 ,opportunity to comment 7,a7 ,written comments ,before rendering an advisory opinion1 the ,administration shall accept written comments submitted by any interested party within the #aj-;day period following the date on which the request is made public4 7,b7 ,testimony ,to the extent that the ,commission provides an opportunity for a person requesting an advisory opinion under this section 7or counsel for such person7 to appear before the ,commission to present testimony in support of the request1 and the person 7or counsel7 accepts such opportunity1 the ,commission shall provide a reasonable opportunity for an interested party who submitted written comments under subparagraph 7,a7 in response to the request 7or counsel for such interested party7 to appear before the ,commission to present testimony in response to the request4 7e7 ,judicial ,review 7#a7 ,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 ,circuit4 7#b7 ,scope of review ,for purposes of conducting the judicial review described in paragraph 7#a71 the provisions of section #gjf of title #e1 ,united ,states ,code1 shall apply4 #cfd4 ,issuance and enforcement of subpoenas 7a7 ,issuance by the ,chair ,if the ,administration is conducting an investigation pursuant to section #cga or #cgb1 the ,chair shall1 on behalf of the ,administration1 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 duties4 7b7 ,issuance by an ,administrative ,law ,judge ,any administrative law judge presiding over an enforcement action pursuant to section #cgc 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 duties4 7c7 ,issuance and ,enforcement of ,subpoenas 7#a7 ,issuance ,subpoenas issued under subsection 7a7 or 7b7 shall bear the signature of the ,chair or an administrative law judge1 respectively1 and shall be served by any person or class of persons designated by the ,chair or administrative law judge for that purpose4 7#b7 ,enforcement ,in the case of contumacy or failure to obey a subpoena issued under subsection 7a7 or 7b71 the ,federal district court for the judicial district in which the subpoenaed person resides1 is served1 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 evidence4 ,any failure to obey the order of the court may be punished by the court as a contempt of that court4 7d7 ,witness ,allowances and ,fees ,section #ahba of title #bh1 ,united ,states ,code1 shall apply to witnesses requested or subpoenaed to appear at any hearing of the ,administration4 ,the per diem and mileage allowances for witnesses shall be paid from funds available to pay the expenses of the ,administration4 7e7 ,jurisdiction ,subpoenas for witnesses who are required to attend a ,federal district court may run into any other district4 #cfe4 ,rulemaking authority 7a7 ,in ,general ,the ,administration may1 pursuant to the provisions of chapter #e of title #e1 ,united ,states ,code1 prescribe such rules and regulations as the ,administration deems necessary to carry out the provisions of this ,act and chapters #ie and #if of the ,internal ,revenue ,code of #aihf1 including the authority to promulgate rules of practice and procedure for agency adjudications4 7b7 ,authority ,to ,promulgate ,independent ,regulations ,whenever the ,administration promulgates any regulation1 it shall not be required to submit such regulation for review or approval to the ,president or the ,office of ,management and ,budget4 7c7 ,conduct of ,activities ,the ,administration shall prepare written rules for the conduct of its activities1 including procedures for the conduct of enforcement actions under sections #cga1 #cgb1 and #cgc4 7d7 ,forms 7#a7 ,in general ,the ,administration shall prescribe forms necessary to implement this ,act and chapters #ie and #if of the ,internal ,revenue ,code of #aihf4 7#b7 ,public protection ,any forms prescribed by the ,administration under paragraph 7#a71 and any information-gathering activities of the ,administration under this ,act1 shall not be subject to the provisions of section #ceab of title #dd1 ,united ,states ,code4 7e7 ,reliance ,upon ,rules and ,regulations ,notwithstanding any other provision of law1 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 not1 as a result of such act1 be subject to any sanction provided by this ,act or by chapter #ie or #if of the ,internal ,revenue ,code of #aihf4 7f7 ,consultation ,with ,,irs ,in prescribing rules1 regulations1 and forms under this section1 the ,administration and the ,secretary of the ,treasury shall consult and work together to promulgate rules1 regulations1 and forms which are mutually consistent4 ,the ,administration shall report to ,congress annually on the steps it has taken to comply with this subsection4 7g7 ,judicial ,review 7#a7 ,in general ,any person adversely affected by a rule1 regulation1 or form promulgated by the ,administration may obtain judicial review of such rule1 regulation1 or form by filing a petition in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7#b7 ,scope of review ,for purposes of conducting the judicial review described in paragraph 7#a71 the provisions of section #gjf of title #e1 ,united ,states ,code1 shall apply4 7h7 ,rule and ,regulation ,defined ,in this ,act1 the terms rule and regulation mean a provision or series of interrelated provisions stating a single1 separable rule of law4 #cff4 ,litigation authority 7a7 ,in ,general ,notwithstanding sections #eaf and #eah of title #bh1 ,united ,states ,code1 and section #cajf of title #e1 ,united ,states ,code1 the ,administration is authorized to bring1 appear in1 defend against1 and appeal any action instituted under this ,act or chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 in any court either-- 7#a7 by attorneys employed by the ,administration2 or 7#b7 by counsel whom it may appoint1 on a temporary basis as may be necessary for such purpose1 without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and whose compensation it may fix without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of such title4 7b7 ,compensation of ,appointed ,counsel ,the compensation of counsel appointed on a temporary basis under subsection 7a77#b7 shall be paid out of any funds otherwise available to pay the compensation of employees of the ,administration4 7c7 ,independence ,from ,attorney ,general ,in pursuing an action under this section1 the ,administration may act independently of the ,attorney ,general4 #cfg4 ,availability of reports 7a7 ,in ,general ,the ,administration shall-- 7#a7 prepare1 publish1 and furnish to all persons required to file reports and statements under this ,act a manual recommending uniform methods of bookkeeping and reporting2 7#b7 develop a filing1 coding1 and cross-indexing system consistent with the purposes of this ,act2 7#c7 within #dh hours after the time of the receipt by the ,administration of reports and statements filed with the ,administration1 make them available for public inspection1 and copying1 at the expense of the person requesting such copying1 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 purposes1 other than using the name and address of any political committee to solicit contributions from such committee2 7#d7 keep such designations1 reports1 and statements for a period of #aj years from the date of receipt and maintain computerized records of such designations1 reports1 and statements thereafter2 7#e7 7,a7 compile and maintain a cumulative index of designations1 reports1 and statements filed under this ,act1 publish the index at regular intervals1 and make the index available for purchase directly or by mail2 7,b7 compile1 maintain1 and revise a separate cumulative index of reports and statements filed by multicandidate committees1 including in such index a list of multicandidate committees2 and 7,c7 compile and maintain a list of multicandidate committees1 which shall be revised and made available monthly2 7#f7 prepare and publish periodically lists of authorized committees which fail to file reports as required by this ,act2 and 7#g7 serve as a national clearinghouse for the compilation of information and review of procedures with respect to the administration of ,federal elections4 7b7 ,pseudonyms ,for purposes of subsection 7a77#c71 a political committee may submit #aj pseudonyms on each report filed in order to protect against the illegal use of names and addresses of contributors1 but only if such committee attaches a list of such pseudonyms to the appropriate report4 ,the ,administration shall exclude these lists from the public record4 7c7 ,contracts ,the ,administration may enter into contracts for the purpose of performing the duties described in subsection 7a74 7d7 ,availability of ,reports ,reports or other information described in subsection 7a7 shall be available to the public1 except that-- 7#a7 copies shall be made available without cost1 upon request1 to agencies and branches of the ,federal ,government2 and 7#b7 information made available as a result of the application of paragraph 7#g7 of such subsection shall be made available to the public only upon the payment of the cost thereof4 #cfh4 ,audits and field examinations 7a7 ,in ,general ,the ,administration may1 in accordance with the provisions of this section1 conduct audits and field investigations of any political committee required to file a report under section #cjd4 7b7 ,priority ,all audits and field investigations concerning the verification for1 and receipt and use of1 any payments received by a candidate or committee under chapter #ie or #if of the ,internal ,revenue ,code of #aihf shall be given priority4 7c7 ,audits and ,field ,examinations ,where ,thresholds ,not ,met 7#a7 ,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 ,act4 ,such thresholds for compliance shall be established by the ,administration4 7#b7 ,audits and field examinations ,the ,administration may vote to conduct an audit and field investigation of any committee which it determines under paragraph 7#a7 does not meet the threshold requirements established by the ,administration4 ,such audits shall be commenced within #cj days of such vote1 except that any audit under the provisions of this subsection of an authorized committee of a candidate shall be commenced within #f months of the election for which such committee is authorized4 7d7 ,random ,audits 7#a7 ,in general ,in addition to any audits conducted under subsection 7c71 the ,administration may1 subject to paragraph 7#b71 conduct audits of any committee selected at random to ensure compliance with this ,act4 ,the selection of any committee under this paragraph shall be based on standards and procedures adopted by the ,administration1 except that in any calendar year such audits may be initiated against no more than #c percent of all authorized candidate campaign committees4 7#b7 ,applicable rules 7,a7 ,in general ,if the ,administration selects a committee for audit under paragraph 7#a71 the ,administration shall promptly notify the committee of the selection and commence the audit within #cj days of the selection4 7,b7 ,special rules for authorized committees ,if the committee selected under paragraph 7#a7 is an authorized committee of a candidate1 the audit-- 7i7 shall be commenced and actively undertaken within #f months of the election for which the committee is authorized2 and 7ii7 may examine compliance with this ,act only with respect to that election4 7#c7 ,exception ,this subsection shall not apply to an authorized committee of a candidate for ,president or ,vice ,president subject to audit under section #ijjg or #ijch of the ,internal ,revenue ,code of #aihf4 #cfi4 ,congressional oversight ,nothing in this ,act shall be construed to limit1 restrict1 or diminish any investigatory1 informational1 oversight1 supervisory1 or disciplinary authority or function of ,congress or any committee of ,congress with respect to elections for ,federal office4 #c ,,enforcement #cga4 ,initiation of enforcement actions by ,administration 7a7 ,in ,general ,the ,administration may initiate a civil enforcement action under section #cgc if1 after conducting an investigation1 the ,administration finds reasonable grounds to believe that a violation of this ,act or of chapter #ie or #if of the ,internal ,revenue ,code of #aihf has occurred or is about to occur4 7b7 ,basis for ,findings ,the ,administration may make a finding under subsection 7a7 based on any information available to the ,administration1 including the filing of a complaint under section #cgb4 7c7 ,notice and ,opportunity ,to ,demonstrate ,no ,violation ,prior to initiating an enforcement action under subsection 7a71 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 occur1 but the ,administration's decision on such matter shall not be subject to judicial review4 #cgb4 ,complaint to initiate enforcement action 7a7 ,filing of ,complaint 7#a7 ,in general ,any person may file a complaint with the ,administration alleging a violation of this ,act or of chapter #ie or #if of the ,internal ,revenue ,code of #aihf4 7#b7 ,technical requirements ,a complaint filed under paragraph 7#a7 shall be-- 7,a7 in writing1 signed1 and sworn to by the person filing such complaint2 7,b7 notarized2 and 7,c7 made under penalty of perjury and subject to the provisions of section #ajja of title #ah1 ,united ,states ,code4 7#c7 ,action by the administration ,subject to paragraph 7#d71 based on the allegations in a complaint filed under paragraph 7#a71 and such investigations the ,administration deems necessary and appropriate1 the ,administration may-- 7,a7 initiate a civil enforcement action under section #cgc if the ,administration finds reasonable grounds to believe a violation has occurred or is about to occur2 or 7,b7 dismiss the complaint4 7#d7 ,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 ,administration4 7#e7 ,recovery of costs ,any person who has filed a complaint under paragraph 7#a7 shall be entitled to recover from the ,administration up to #a1jjj of the costs incurred in preparing and filing the complaint if1 based on the complaint1 the ,administration-- 7,a7 makes a finding under section #cgc7;a7 that a person has violated 7or is about to violate7 the ,act2 or 7,b7 enters into a conciliation agreement with a person under section #cgc7;c74 7b7 ,notice and ,opportunity ,to ,demonstrate ,no ,violation ,prior to initiating an enforcement action under subsection 7a77#c77;,a71 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 occur1 but the ,administration's determination under subsection 7a77#c7 shall not be subject to judicial review in an action brought by such person4 7c7 ,failure by the ,administration ,to ,take ,timely ,action 7#a7 ,in general ,if the ,administration-- 7,a7 dismisses a complaint filed under subsection 7a72 or 7,b7 fails to initiate a civil enforcement action under section #cgc within #ahj days of the filing of such a complaint1 the person filing the complaint under subsection 7a7 may seek judicial review of the ,administration's dismissal1 or failure to act1 in ,federal district court in the ,district of ,columbia or in the district in which such person resides4 7#b7 ,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 #gjf of title #e1 ,united ,states ,code4 7#c7 ,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 court4 #cgc4 ,civil enforcement actions 7a7 ,in ,general ,the ,administration shall have the authority to impose a civil monetary penalty under section #cge1 issue a cease-and-desist order under section #cgf1 or do both1 if the ,administration finds1 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 #e of title #e1 ,united ,states ,code1 that a person has violated 7or1 in the case of a cease-and-desist order1 has violated or is about to violate7 this ,act or chapter #ie or #if of the ,internal ,revenue ,code of #aihf4 ,the general counsel shall represent the ,administration in any proceeding before an administrative law judge4 7b7 ,notice and ,request for ,hearing 7#a7 ,notice ,if the ,administration finds under section #cga or #cgb that there are reasonable grounds to believe a violation has occurred or is about to occur1 the ,administration shall serve written notice of the charges on each respondent1 and shall conduct such further investigation as the ,administration deems necessary and appropriate4 7#b7 ,request for hearing ,each respondent shall have an opportunity to request1 prior to the date that is #cj days after the date on which the notice is received1 a hearing on the charges before an administrative law judge4 7#c7 ,effect of failure to request a hearing ,if no hearing is requested1 the ,administration shall make a finding on the charges1 and shall issue whatever relief the ,administration deems appropriate under sections #cge and #cgf4 7c7 ,conciliation 7#a7 ,procedures for entering into conciliation agreements 7,a7 ,in general ,if the respondent requests a hearing under subsection 7b77#b71 the ,administration shall attempt1 for a period that does not exceed #fj days 7or #ae days if the hearing is requested within #fj days of an election71 to correct or prevent such violation by informal methods of conference1 conciliation1 and persuasion1 and to enter into a conciliation agreement with the respondent4 ,in the case of a hearing that is requested at a time other than within #fj days of an election1 the period for conciliation shall not be less than #cj days unless an agreement is reached before then4 7,b7 ,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 7a7 of section #cge or1 in the case of a knowing and willful violation1 the amounts set forth in subsection 7b7 of such section4 ,the conciliation agreement may also include the requirement that the person involved consent to the terms of a cease-and-desist order1 as provided in section #cgf4 7,c7 ,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 ,administration4 7,d7 ,bar to further action ,a conciliation agreement1 unless violated1 is a complete bar to any further action by the ,administration4 7#b7 ,confidentiality ,no action by the ,administration or any other person1 and no information derived in connection with any conciliation attempt by the ,administration may be made public by the ,administration1 without the written consent of the respondent1 except that if a conciliation agreement is agreed upon and signed by the ,administration and the respondent1 the ,administration shall make such agreement public4 7#c7 ,violation of conciliation agreement ,in any case in which a person has entered into a conciliation agreement with the ,administration under paragraph 7#a71 the ,administration may institute a civil action for relief if the ,administration believes the person has violated any provision of such conciliation agreement4 ,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 business1 or for the ,district of ,columbia4 ,such court shall have jurisdiction to issue any relief appropriate under sections #cge and #cgf4 ,for the ,administration to obtain relief in any such action1 the ,administration need only establish that the person has violated1 in whole or in part1 any requirement of such conciliation agreement4 7d7 ,hearing ,at the request of any respondent1 a hearing on the charges served under subsection 7b77#a7 shall be conducted before an administrative law judge1 who shall make such findings of fact and conclusions of law as the administrative law judge deems appropriate4 ,the administrative law judge shall also have the authority to impose a civil monetary penalty on the respondent1 issue a cease-and-desist order1 or both4 ,the decision of the administrative law judge shall constitute final agency action unless an appeal is taken under subsection 7e74 7e7 ,appeal to ,administration 7#a7 ,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 judge4 7#b7 ,review of ,,alj determinations ,in the event of an appeal under paragraph 7#a71 the ,administration shall review the determination of the administrative law judge to determine whether-- 7,a7 a finding of material fact is not supported by substantial evidence2 7,b7 a conclusion of law is erroneous2 7,c7 the determination of the administrative law judge is contrary to law or to the duly promulgated rules or decisions of the ,administration2 7,d7 a prejudicial error of procedure was committed2 or 7,e7 the decision or the relief ordered is otherwise arbitrary1 capricious1 or an abuse of discretion4 7#c7 ,final agency action ,the decision of the ,administration shall constitute final agency action4 7f7 ,judicial ,review 7#a7 ,in general ,any party aggrieved by a final agency action and who has exhausted all administrative remedies1 including requesting a hearing before an administrative law judge and appealing an adverse decision of an administrative law judge to the ,administration1 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 business1 or in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7#b7 ,scope of review ,for purposes of conducting the judicial review described in paragraph 7#a71 the provisions of section #gjf of title #e1 ,united ,states ,code1 shall apply4 7#c7 ,petition for judicial review ,to obtain judicial review under paragraph 7#a71 an aggrieved party described in such paragraph shall file a petition with the court during the #cj-;day period beginning on the date on which the order was issued4 ,a copy of such petition shall be transmitted forthwith by the clerk of the court to the ,administration1 and thereupon the ,administration shall file in the court the record upon which the order complained of was entered1 as provided in section #baab of title #bh1 ,united ,states ,code4 #cgd4 ,notification of nonfilers 7a7 ,notification ,before taking any action under section #cgc against any person who has failed to file a report required under section #cjd7;a77#b77;,a77iii7 for the calendar quarter immediately preceding the election involved1 or in accordance with section #cjd7;a77#b77;,a77i71 the ,administration shall notify the person of such failure to file the required reports4 7b7 ,opportunity for ,response ,if a satisfactory response is not received within #d business days after the date of notification1 the ,administration shall1 pursuant to section #cfg7;a77#f71 publish before the election the name of the person and the report or reports such person has failed to file4 #cge4 ,civil monetary penalties 7a7 ,in ,general ,any person who violates this ,act1 or chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 shall be liable to the ,united ,states for a civil monetary penalty for each violation which does not exceed the greater of #e1jjj or an amount equal to any contribution or expenditure involved in such violation4 ,such penalty shall be imposed by the ,administration pursuant to section #cgc4 7b7 ,knowing and ,willful ,violations ,any person who commits a knowing and willful violation of this ,act1 or of chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 shall be liable to the ,united ,states for a civil monetary penalty for each violation which does not exceed the greater of #aj1jjj or an amount equal to #bjj percent of any contribution or expenditure involved in such violation 7or1 in the case of a violation of section #cbj1 which is not less than #cjj percent of the amount involved in the violation and is not more than the greater of #ej1jjj or #a1jjj percent of the amount involved in the violation74 ,such penalty shall be imposed by the ,administration pursuant to section #cgc4 7c7 ,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 section1 the ,administration or an administrative law judge shall take into account the nature1 circumstances1 extent1 and gravity of the violation and1 with respect to the violator1 any prior violation1 the degree of culpability1 and such other matters as justice may require4 7d7 ,referral to ,attorney ,general 7#a7 ,in general ,if the ,administration determines that a knowing and willful violation of this ,act which is subject to section #cgi1 or a knowing and willful violation of chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 has occurred or is about to occur1 the ,administration may refer such apparent violation to the ,attorney ,general without regard to any limitations set forth under section #cgc4 7#b7 ,reporting by the attorney general ,whenever the ,administration refers an apparent violation to the ,attorney ,general1 the ,attorney ,general shall report to the ,administration any action taken by the ,attorney ,general regarding the apparent violation4 ,each report shall be transmitted within #fj days after the date the ,administration refers an apparent violation1 and every #cj days thereafter until the final disposition of the apparent violation4 #cgf4 ,cease-and-desist orders 7a7 ,in ,general ,if the ,administration finds1 after notice and opportunity for hearing under section #cgc1 that any person is violating1 has violated1 or is about to violate any provision of this ,act1 or chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 or any rule or regulation thereunder1 the ,administration may publish any findings and enter an order requiring such person1 or any other person that is1 was1 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 violation1 to cease and desist from committing or causing such violation and any future violation of the same provision1 rule1 or regulation4 ,such order may1 in addition to requiring a person to cease and desist from committing or causing a violation1 require such person to comply 7or to take steps to effect compliance7 with such provision1 rule1 or regulation1 upon such terms and conditions and within such time as the ,administration may specify in such order4 7b7 ,temporary ,order ,whenever the ,administration determines that an alleged violation or threatened violation specified in the notice initiating a civil enforcement action under section #cgc1 or the continuation thereof1 is likely to result in violation of this ,act1 or of chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 and substantial harm to the public interest1 the ,administration may apply to the ,federal district court for the district in which the respondent resides or has its principal place of business1 in which the alleged or threatened violation occurred or is about to occur1 or for the ,district of ,columbia1 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 violation4 ,the ,administration may apply for such order without regard to any limitation under section #cgc4 #cgg4 ,collection ,if any person fails to pay an assessment of a civil penalty-- 7#a7 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 #cgc7;f77#c7 or if the order of the ,administration is upheld after judicial review2 or 7#b7 after a court in an action brought under section #cgc7;c77#c7 has entered a final judgment no longer subject to appeal in favor of the ,administration1 the ,attorney ,general shall recover the amount assessed 7plus interest at currently prevailing rates from the date of the expiration of the #cj-;day period referred to in section #cgc7;f77#c7 or the date of such final judgment1 as the case may be7 in an action brought in any appropriate district court of the ,united ,states4 ,in such an action1 the validity1 amount1 and appropriateness of such penalty shall not be subject to review4 #cgh4 ,confidentiality 7a7 ,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 occur1 including any investigation pursuant to section #cga or pursuant to a complaint filed under section #cgb1 shall be confidential and none of the ,administration's records concerning the complaint shall be made public1 except that the person filing a complaint pursuant to section #cgb is permitted to make such complaint public4 7b7 ,after a ,finding of ,reasonable ,grounds ,except as provided in subsection 7d71 if the ,administration makes a finding pursuant to section #cga or #cgb that there are reasonable grounds to believe that a violation of law has occurred or is about to occur-- 7#a7 the finding of the ,administration as well as any complaint filed under section #cgb1 any notice of charges1 and any answer or similar documents filed with the ,administration shall be made public2 and 7#b7 all proceedings conducted before an administrative law judge under section #cgc1 and all documents used during such proceedings1 shall be made public4 7c7 ,after ,dismissal of a ,complaint or ,conclusion of ,proceedings ,following a ,finding of ,reasonable ,grounds ,subject to subsection 7d71 following the ,administration's dismissal of a complaint filed under section #cgb or the termination of proceedings following a finding of reasonable grounds under section #cga or #cgb1 the ,administration shall1 not later than the date that is #cj days after such dismissal or termination1 make public-- 7#a7 the complaint1 any notice of charges1 and any answer or similar documents filed with the ,administration 7unless such information has already been made public under subsection 7b77#a772 7#b7 any order setting forth the ,administration's final action on the complaint2 7#c7 any findings made by the ,administration in relation to the action2 and 7#d7 all documentary materials and testimony constituting the record on which the ,administration relied in taking its actions4 ,subject to subsection 7d71 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 #eeb of title #e1 ,united ,states ,code4 7d7 ,confidentiality of ,records and ,proceedings ,otherwise ,subject to ,disclosure 7#a7 ,in general ,the ,administration shall issue regulations providing for the protection of information the disclosure of which under subsection 7b7 or 7c7 would impair any person's constitutionally protected right of privacy1 freedom of speech1 or freedom of association4 ,the ,administration shall also issue regulations addressing the application of exemptions from disclosure contained in section #eeb of title #e1 ,united ,states ,code1 to records comprising the ,administration's investigative files4 ,such regulations shall consider the need to protect any person's constitutionally protected rights to privacy1 freedom of speech1 and freedom of association1 as well as the need to make information about the ,administration's activities and decisions widely accessible to the public4 7#b7 ,petition to maintain confidentiality 7,a7 ,in general ,any person who would be adversely affected by any disclosure of information about the person made pursuant to subsection 7b7 or 7c71 or by the conduct in public of a hearing or other proceeding conducted pursuant to section #cgc1 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 #eeb of title #e1 ,united ,states ,code1 or is prohibited from disclosure under the ,administration's regulations1 the ,constitution1 or any other provision of law4 ,upon the receipt of such petition1 the ,administration shall make a prompt determination whether the information should be kept confidential1 and shall withhold such information from disclosure pending this determination4 ,the ,administration shall notify the petitioner in writing of the determination4 7,b7 ,regulations ,the ,administration shall prescribe regulations governing the consideration of petitions under this paragraph4 ,such regulations shall provide for public notice of the pendancy of any petition filed under subparagraph 7,a7 and the right of any interested party to respond to or comment on such petition4 7e7 ,penalties ,any member or employee of the ,administration1 or any other person1 who violates the provisions of this section shall be fined not more than #b1jjj4 ,any such member1 employee1 or other person who knowingly and willfully violates the provisions of this section shall be fined not more than #e1jjj4 #cgi4 ,criminal penalties 7a7 ,knowing and ,willful ,violations ,any person who knowingly and willfully commits a violation of any provision of this ,act that involves the making1 receiving1 or reporting of any contribution1 donation1 or expenditure-- 7#a7 aggregating #be1jjj or more during a calendar year shall be fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than #e years1 or both2 or 7#b7 aggregating #b1jjj or more 7but less than #be1jjj7 during a calendar year shall be fined under such title1 or imprisoned for not more than #a year1 or both4 7b7 ,contributions or ,expenditures by ,national ,banks1 ,corporations1 or ,labor ,organizations ,in the case of a knowing and willful violation of section #caf7;b77#c71 the penalties set forth in subsection 7a7 shall apply to each violation involving an amount aggregating #bej or more during a calendar year4 ,such a violation of section #caf7;b77#c7 may incorporate a violation of section #cag7;a71 #cbj1 or #cba4 7c7 ,fraudulent ,misrepresentation of ,campaign ,authority ,in the case of a knowing and willful violation of section #cbb1 the penalties set forth in subsection 7a7 shall apply without regard to whether the making1 receiving1 or reporting of a contribution or expenditure of #a1jjj or more is involved4 7d7 ,prohibition of ,contributions in ,name of ,another ,any person who knowingly and willfully commits a violation of section #cbj involving an amount aggregating more than #aj1jjj during a calendar year shall be-- 7#a7 imprisoned for not more than #b years if the amount is less than #be1jjj and subject to imprisonment under subsection 7a7 if the amount is #be1jjj or more2 7#b7 fined not less than #cjj percent of the amount involved in the violation and not more than the greater of-- 7,a7 #ej1jjj2 or 7,b7 #a1jjj percent of the amount involved in the violation2 or 7#c7 both imprisoned as provided under paragraph 7#a7 and fined as provided under paragraph 7#b74 7e7 ,effect of ,conciliation ,agreements 7#a7 ,evidence of lack of knowledge and intent ,in any criminal action brought for a violation of any provision of this ,act or of chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 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 #cgc7;c77#a7 which specifically deals with the act or failure to act constituting such violation and which is still in effect4 7#b7 ,consideration by courts ,in any criminal action brought for a violation of any provision of this ,act or of chapter #ie or #if of the ,internal ,revenue ,code of #aihf1 the court before which such action is brought shall take into account1 in weighing the seriousness of the violation and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty1 whether-- 7,a7 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 #cgc7;c77#a72 7,b7 the conciliation agreement is in effect2 and 7,c7 the defendant is1 with respect to the violation involved1 in compliance with the conciliation agreement4 #chj4 ,period of limitations ,no person shall be prosecuted1 tried1 or punished for any violation of this ,act1 unless the indictment is found or the information is instituted within #e years after the date of the violation4 #cha4 ,authorization of appropriations ,for each fiscal year1 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 #ie and #if of the ,internal ,revenue ,code of #aihf4 4 #acab4 ,executive schedule positions 7a7 ,executive ,schedule ,level ,,iii ,position ,section #ecad of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,chair1 ,federal ,election ,administration4 4 7b7 ,executive ,schedule ,level ,,iv ,positions ,section #ecae of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 ,members 7other than the ,chair71 ,federal ,election ,administration4 ,inspector ,general1 ,federal ,election ,administration4 4 #acac4 ,,gao examination of enforcement of campaign finance laws by the ,department of ,justice 7a7 ,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 #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 and chapters #ie and #if of the ,internal ,revenue ,code of #aihf by the ,attorney ,general4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the ,attorney ,general and ,congress a report on the examination conducted under subsection 7a7 together with recommendations on how the ,attorney ,general may improve the enforcement of the criminal provisions of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 and chapters #ie and #if of the ,internal ,revenue ,code of #aihf1 including recommendations on the resources that the ,attorney ,general would require to effectively enforce such criminal provisions4 #acad4 ,,gao study and report on appropriate funding levels 7a7 ,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 and the amendments made by this ,act4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 and once every #b years thereafter1 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 7a7 together with recommendations for such legislation and administrative action as the ,comptroller ,general determines to be appropriate4 #acae4 ,conforming amendments 7a7 ,independent ,agency ,section #ajd of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking and after the semicolon2 7#b7 in paragraph 7#b71 by striking the period and inserting 2 and2 and 7#c7 by adding at the end the following new paragraph3 7#c7 the ,federal ,election ,administration4 4 7b7 ,coverage ,under ,inspector ,general ,act ,section #h;,g7a77#b7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by striking ,federal ,election ,commission and inserting ,federal ,election ,administration4 7c7 ,coverage of ,personnel ,under ,hatch ,act ,section #gcbc7;b7 of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking ,federal ,election ,commission and inserting ,federal ,election ,administration2 and 7#b7 in paragraph 7#b77;,b77i77,i71 by striking ,federal ,election ,commission and inserting ,federal ,election ,administration4 7d7 ,removal of exclusion from ,senior ,executive ,service ,section #cacb7;a77#a7 of title #e1 ,united ,states ,code1 is amended by striking subparagraph 7,c7 and by redesignating subparagraphs 7,d71 7,e71 and 7,f7 as subparagraphs 7,c71 7,d71 and 7,e71 respectively4 7e7 ,subtitle ,a ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by inserting before section #cja the following3 ,a ,general ,provisions 4 ,,ii ,transition provisions #acba4 ,transfer of functions of ,federal ,election ,commission ,there are transferred to the ,federal ,election ,administration established under section #cea of the ,federal ,election ,campaign ,act of #aiga 7as added by section #acaa7 all functions that the ,federal ,election ,commission exercised before the date described in section #acbf7;a74 #acbb4 ,transfer of property1 records1 and personnel 7a7 ,property and ,records ,the contracts1 liabilities1 records1 property1 and other assets and interests of1 or made available in connection with1 the offices and functions of the ,federal ,election ,commission which are transferred by this title are transferred to the ,federal ,election ,administration4 7b7 ,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 ,administration4 #acbc4 ,repeals 7a7 ,provisions of the ,federal ,election ,campaign ,act of #aiga ,the following provisions of the ,federal ,election ,campaign ,act of #aiga are repealed3 7#a7 ,section #cjf 7#eb ,u4,s4,c4 #cjajf74 7#b7 ,section #cjg 7#eb ,u4,s4,c4 #cjajg74 7#c7 ,section #cjh 7#eb ,u4,s4,c4 #cjajh74 7#d7 ,section #cji 7#eb ,u4,s4,c4 #cjaji74 7#e7 ,section #caj 7#eb ,u4,s4,c4 #cjaaj74 7#f7 ,section #caa 7#eb ,u4,s4,c4 #cjaaa74 7#g7 ,section #cad 7#eb ,u4,s4,c4 #cjaae74 7#h7 ,section #djf 7#eb ,u4,s4,c4 #cjade74 7b7 ,other provisions ,section #djc of the ,bipartisan ,campaign ,reform ,act of #bjjb 7#eb ,u4,s4,c4 #cjaaj note7 is repealed4 #acbd4 ,conforming amendments 7a7 ,title ,,iii of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja et seq47 is amended-- 7#a7 in section #cja1 by striking paragraph 7#aj7 and inserting the following3 7#aj7 ,the term ,administration means the ,federal ,election ,administration4 2 7#b7 by striking ,federal ,election ,commission and inserting ,administration each place it appears2 and 7#c7 by striking ,commission and inserting ,administration each place it appears4 7b7 ,section #cejb7a77;,b7 of title #dd1 ,united ,states ,code1 is amended by striking ,federal ,election ,commission and inserting ,federal ,election ,administration4 7c7 ,section #bjg7;j77#g77;,b77i7 of title #ah1 ,united ,states ,code1 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 ,administration4 7d7 ,section #ajc of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in subsection 7e71 by striking the ,federal ,election ,commission and inserting the ,federal ,election ,administration2 and 7#b7 in subsection 7k71 by striking the ,federal ,election ,commission and inserting the ,federal ,election ,administration4 7e7 7#a7 ,section #ijjb7c7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#c7 ,the term ,administration means the ,federal ,election ,administration established under section #cea of the ,federal ,election ,campaign ,act of #aiga4 4 7#b7 ,chapter #ie of the ,internal ,revenue ,code of #aihf is amended by striking ,commission and inserting ,administration each place it appears4 7f7 7#a7 ,section #ijcb7c7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7#c7 ,the term ,administration means the ,federal ,election ,administration established under section #cea of the ,federal ,election ,campaign ,act of #aiga4 4 7#b7 ,chapter #if of the ,internal ,revenue ,code of #aihf is amended by striking ,commission and inserting ,administration each place it appears4 7g7 ,section #c7;c7 of the ,voting ,accessibility for the ,elderly and ,handicapped ,act 7#eb ,u4,s4,c4 #bjajb7;c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,federal ,election ,commission and inserting ,federal ,election ,administration2 and 7,b7 by striking ,commission and inserting ,administration2 and 7#b7 in paragraph 7#b71 by striking ,federal ,election ,commission and inserting ,federal ,election ,administration4 7h7 ,section #f7;a77#i7 of the ,lobbying ,disclosure ,act #aiie 7#b ,u4,s4,c4 #afje7;a77#i77 is amended by striking the ,federal ,election ,commission and inserting the ,federal ,election ,administration4 #acbe4 ,treatment of certain regulations 7a7 ,regulations on disclosure of electioneering communications 7#a7 ,in general ,effective on the date that is #ij days after enactment of this ,act1 the regulations on disclosure of electioneering communications adopted by the ,federal ,election ,commission and published in the ,federal ,register at page #dai of volume #fh on ,january #c1 #bjjc1 and at page #ejeg of volume #fh on ,january #ca1 #bjjc1 as amended at page #gbiac of volume #gb on ,december #bf1 #bjjg1 are repealed4 7#b7 ,new regulations ,not later than #ij days after the date of the enactment of this ,act1 the ,federal ,election ,commission shall promulgate new regulations on disclosure of electioneering communications under section #cjd7;f7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7;f774 ,the regulations promulgated under this paragraph shall require the disclosure of the identification of all persons who make a contribution to a person who makes an electioneering communication and shall not limit such disclosure to only to persons who make contributions for the purpose of furthering electioneering communications1 or any similar limitation on the scope of such disclosure4 7b7 ,regulations on solicitations at non-,federal fundraising events 7#a7 ,in general ,effective on the date that is #ij days after the date of the enactment of this ,act1 the regulations on participation by ,federal candidates and officeholders at non-,federal fundraising events adopted by the ,federal ,election ,commission and published in the ,federal ,register at page #bdchc of volume #ge on ,may #e1 #bjaj1 are repealed4 7#b7 ,new regulations ,not later than #ij days after enactment of this ,act1 the ,federal ,election ,commission shall promulgate new regulations on participation by ,federal candidates and officeholders in non-,federal fundraising events4 ,the regulations shall limit the participation by ,federal candidates and officeholders in such events to attending1 speaking1 or being a featured guest at a fundraising event for a ,state1 district1 or local committee of a political party1 and shall not allow ,federal candidates and officeholders to participate in or solicit funds at any other fundraising event where non-,federal funds are raised4 #acbf4 ,effective date 7a7 ,in ,general ,except as provided in section #acbe1 this subtitle and the amendments made by this subtitle shall take effect on the date that is #f months after the date of enactment of this ,act4 7b7 ,termination of the ,federal ,election ,commission ,notwithstanding any other provision of1 or amendment made by1 this ,act1 the members of the ,federal ,election ,commission shall be removed from office on the date described in subsection 7a74 ,,ii ,lobbying reform ,a ,member ban on lobbying #baja4 ,lifetime ban on ,members of ,congress from lobbying 7a7 ,in general ,section #bjg7;e77#a7 of title #ah1 ,united ,states ,code1 is amended to read as follows3 7#a7 ,members of ,congress ,any person who is a ,senator1 a ,member of the ,house of ,representatives1 or an elected officer of the ,senate or the ,house of ,representatives and who1 after that person leaves office1 knowingly makes1 with the intent to influence1 any communication to or appearance before any ,member1 officer1 or employee of either ,house of ,congress or any employee of any other legislative office of the ,congress1 on behalf of any other person 7except the ,united ,states7 in connection with any matter on which such former ,senator1 ,member1 or elected official seeks action by a ,member1 officer1 or employee of either ,house of ,congress1 in his or her official capacity1 shall be punished as provided in section #baf of this title4 4 7b7 ,conforming amendment ,section #bjg7;e77#b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking ,officers and staff and inserting ,staff2 7#b7 by striking an elected officer of the ,senate1 or2 7#c7 by striking leaves office or employment and inserting leaves employment2 and 7#d7 by striking former elected officer or4 ,b ,close the #bj-,percent lobbying loophole #bbja4 ,lobbyist registration reforms ,section #c7aj7 of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb7aj77 is amended by striking contact1 other than and all that follows through #c-month period4 and inserting contact over a #b-year period44 ,,iii ,revolving door reform #cjja4 ,short title ,this title may be cited as the ,financial ,services ,conflict of ,interest ,act4 #cjjb4 ,restrictions on private sector payment for ,government service ,section #bji of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking any salary and inserting any bonus1 salary2 and 7,b7 by striking his services and inserting services rendered or to be rendered2 and 7#b7 in subsection 7b7-- 7,a7 by inserting 7#a7 after 7b72 and 7,b7 by adding at the end the following3 7#b7 ,for purposes of paragraph 7#a71 a pension1 retirement1 group life1 health or accident insurance1 profit-sharing1 stock bonus1 or other employee welfare or benefit plan that makes payment of compensation contingent on accepting a position in the ,federal ,government shall not be considered bona fide4 7#c7 ,for purposes of paragraph 7#b71 compensation includes a retention award or bonus1 severance pay1 and any other payment linked to future service in the ,federal ,government in any way4 4 #cjjc4 ,requirements relating to slowing the revolving door among financial services regulators 7a7 ,in general ,the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following3 ,,vi ,special requirements for financial services regulators #fja4 ,definitions 7a7 ,in general ,in this title1 the terms designated agency ethics official and executive branch have the meanings given such terms under section #aji4 7b7 ,other definitions ,in this title3 7#a7 ,covered financial services agency ,the term covered financial services agency-- 7,a7 means a primary financial regulatory agency 7as defined in section #b of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act 7#ab ,u4,s4,c4 #ecja772 and 7,b7 includes-- 7i7 the ,board of ,governors of the ,federal ,reserve ,system2 7ii7 the ,office of the ,comptroller of the ,currency2 7iii7 the ,federal ,deposit ,insurance ,corporation2 7iv7 the ,national ,credit ,union ,administration2 7v7 the ,securities and ,exchange ,commission2 7vi7 the ,federal ,housing ,finance ,agency2 7vii7 the ,bureau of ,consumer ,financial ,protection2 7viii7 the ,commodity ,futures ,trading ,commission2 and 7ix7 the ,department of the ,treasury4 7#b7 ,covered financial services regulator ,the term covered financial services regulator means an officer or employee of a covered financial services agency who occupies-- 7,a7 a supervisory position classified above ,,gs-#ae of the ,general ,schedule2 7,b7 in the case of a position not under the ,general ,schedule1 a supervisory position for which the rate of basic pay is not less than #abj percent of the minimum rate of basic pay for ,,gs-#ae of the ,general ,schedule2 or 7,c7 any other supervisory position determined to be of equal classification by the ,director of the ,office of ,government ,ethics4 7#c7 ,former client ,the term former client-- 7,a7 means a person for whom a covered financial services regulator served personally as an agent1 attorney1 or consultant during the #b-year period ending on the date 7after such service7 on which the covered financial services regulator begins service in the ,federal ,government2 and 7,b7 does not include-- 7i7 instances in which the service provided was limited to a speech or similar appearance2 or 7ii7 a client of the former employer of the covered financial services regulator to whom the covered financial services regulator did not personally provide such services4 7#d7 ,former employer ,the term former employer-- 7,a7 means a person for whom a covered financial services regulator served as an employee1 officer1 director1 trustee1 or general partner during the #b-year period ending on the date 7after such service7 on which the covered financial services regulator begins service in the ,federal ,government2 and 7,b7 does not include-- 7i7 an entity in the ,federal ,government1 including an executive branch agency2 7ii7 a ,state or local government2 7iii7 the ,district of ,columbia2 7iv7 an ,indian tribe1 as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b72 or 7v7 the government of a territory or possession of the ,united ,states4 #fjb4 ,conflict of interest and eligibility standards for financial services regulators 7a7 ,in general ,a covered financial services regulator shall not make1 participate in making1 or in any way attempt to use the official position of the covered financial services regulator to influence a particular matter that provides a direct and substantial pecuniary benefit for a former employer or former client of the covered financial services regulator4 7b7 ,recusal ,a covered financial services regulator shall recuse himself or herself from any official action that would violate subsection 7a74 7c7 ,waiver 7#a7 ,in general ,the head of the covered financial services agency employing a covered financial services regulator1 in consultation with the ,director of the ,office of ,government ,ethics1 may grant a written waiver of the restrictions under subsection 7a7 if1 and to the extent that1 the head of the covered financial services agency certifies in writing that-- 7,a7 the application of the restriction to the particular matter is inconsistent with the purposes of the restriction2 or 7,b7 it is in the public interest to grant the waiver4 7#b7 ,publication ,the ,director of the ,office of ,government ,ethics shall make each waiver under paragraph 7#a7 publicly available on the ,web site of the ,office of ,government ,ethics4 #fjc4 ,negotiating future private sector employment 7a7 ,prohibition ,except as provided in subsection 7c71 and notwithstanding any other provision of law1 a covered financial services regulator may not participate in any particular matter which involves1 to the knowledge of the covered financial services regulator1 an individual or entity with whom the covered financial services regulator is in negotiations of future employment or has an arrangement concerning prospective employment4 7b7 ,disclosure of employment negotiations 7#a7 ,in general ,if a covered financial services regulator begins any negotiations of future employment with another person1 or an agent or intermediary of another person1 or other discussion or communication with another person1 or an agent or intermediary of another person1 mutually conducted with a view toward reaching an agreement regarding possible employment of the covered financial services regulator1 the covered financial services regulator shall notify the designated agency ethics official of the covered financial services agency employing the covered financial services regulator regarding the negotiations1 discussions1 or communications4 7#b7 ,information ,a designated agency ethics official receiving notice under paragraph 7#a71 after consultation with the ,director of the ,office of ,government ,ethics1 shall inform the covered financial services regulator of any potential conflicts of interest involved in any negotiations1 discussions1 or communications with the other person and the prohibitions applicable4 7c7 ,waivers only when exceptional circumstances exist 7#a7 ,in general ,the head of a covered financial services agency may only grant a waiver of subsection 7a7 if the head determines that exceptional circumstances exist4 7#b7 ,review and publication ,for any waiver granted under paragraph 7#a71 the ,director of the ,office of ,government ,ethics shall-- 7,a7 review the circumstances relating to the waiver and the determination that exceptional circumstances exist2 and 7,b7 make the waiver publicly available on the ,web site of the ,office of ,government ,ethics1 which shall include-- 7i7 the name of the private person or persons involved in the negotiations or arrangement concerning prospective employment2 and 7ii7 the date on which the negotiations or arrangements commenced4 7d7 ,scope ,for purposes of this section1 the term negotiations of future employment is not limited to discussions of specific terms or conditions of employment in a specific position4 #fjd4 ,recordkeeping ,the ,director of the ,office of ,government ,ethics shall-- 7#a7 receive all employment histories1 recusal and waiver records1 and other disclosure records for covered executive branch officials necessary for monitoring compliance to this title2 7#b7 promulgate rules and regulations1 in consultation with the ,director of the ,office of ,personnel ,management and the ,attorney ,general1 for implementation of this title2 7#c7 provide guidance and assistance where appropriate to facilitate compliance with this title2 7#d7 review and1 where necessary1 assist designated agency ethics officers in providing advice to covered financial services regulators regarding compliance with this title2 and 7#e7 if the ,director determines that a violation of this title may have occurred1 and in consultation with the designated agency ethics officer and the ,counsel to the ,president1 refer the compliance case to the ,united ,states ,attorney for the ,district of ,columbia for enforcement action4 #fje4 ,penalties and injunctions 7a7 ,criminal penalties 7#a7 ,in general ,any person who violates section #fjb or #fjc shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #a year1 or both4 7#b7 ,willful violations ,any person who willfully violates section #fjb or #fjc shall be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #e years1 or both4 7b7 ,civil enforcement 7#a7 ,in general ,the ,attorney ,general may bring a civil action in the appropriate ,united ,states district court against any person who violates1 or who the ,attorney ,general has reason to believe is engaging in conduct that violates1 section #fjb or #fjc4 7#b7 ,civil penalty 7,a7 ,in general ,upon proof by a preponderance of the evidence that a person violated section #fjb or #fjc1 the court shall impose a civil penalty of not more than the greater of-- 7i7 #ajj1jjj for each violation2 or 7ii7 the amount of compensation the person received or was offered for the conduct constituting the violation4 7,b7 ,rule of construction ,a civil penalty under this subsection shall be in addition to any other criminal or civil statutory1 common law1 or administrative remedy1 available to the ,united ,states or any other person4 7#c7 ,injunctive relief 7,a7 ,in general ,in a civil action brought under paragraph 7#a7 against a person1 the ,attorney ,general may petition the court for an order prohibiting the person from engaging in conduct that violates section #fjb or #fjc4 ,the court may issue such an order if the court finds by a preponderance of the evidence that the conduct of the person violates section #fjb or #fjc4 7,b7 ,rule of construction ,the filing of a petition seeking injunctive relief under this paragraph shall not preclude any other remedy which is available by law to the ,united ,states or any other person4 4 #cjjd4 ,prohibition of procurement officers accepting employment from ,government contractors 7a7 ,expansion of prohibition on acceptance by former officials of compensation from contractors ,section #bajd of title #da1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking or consultant and inserting consultant1 lawyer1 or lobbyist2 and 7ii7 by striking one year and inserting #b years2 and 7,b7 in paragraph 7#c71 by striking personally made for the ,federal agency and inserting participated personally and substantially in2 and 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,prohibition on compensation from affiliates and subcontractors ,a former official responsible for a ,government contract referred to in paragraph 7#a71 7#b71 or 7#c7 of subsection 7a7 shall be prohibited from accepting compensation for two years after awarding such contract from any division1 affiliate1 or subcontractor of the contractor4 4 7b7 ,requirement for procurement officers ,to disclose job offers made on behalf of relatives ,section #bajc7;a7 of title #da1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by inserting after that official the following3 1 or for a relative 7as defined in section #caaj of title #e7 of that official14 7c7 ,requirement on award of ,government contracts to former employers 7#a7 ,in general ,chapter #ba of title #da1 ,united ,states ,code1 is amended by adding at the end the following3 #bajh4 ,prohibition on involvement by certain former contractor employees in procurements ,an employee of the ,federal ,government may not be personally and substantially involved with any award of a contract to1 or the administration of a contract awarded to1 a contractor that is a former employer of the employee during the #b-year period beginning on the date on which the employee leaves the employment of the contractor4 4 7#b7 ,technical and conforming amendment ,the table of sections for chapter #ba of title #da1 ,united ,states ,code1 is amended by adding at the end the following3 #bajh4 ,prohibition on involvement by certain former contractor employees in procurements4 4 7d7 ,regulations ,the ,administrator for ,federal ,procurement ,policy and the ,director of the ,office of ,management and ,budget shall-- 7#a7 in consultation with the ,director of the ,office of ,personnel ,management and the ,counsel to the ,president1 promulgate regulations to carry out and ensure the enforcement of chapter #ba of title #da1 ,united ,states ,code1 as amended by this section2 and 7#b7 in consultation with designated agency ethics officers 7as defined under section #fja of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app4771 monitor compliance with such chapter by individuals and agencies4 #cjje4 ,revolving door restrictions on financial services regulators moving into the private sector 7a7 ,in general ,section #bjg of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7e7 through 7l7 as subsections 7f7 through 7m71 respectively2 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,restrictions on employment for financial services regulators 7#a7 ,in general ,in addition to the restrictions set forth in subsections 7a71 7b71 7c71 and 7d71 a covered financial services regulator shall not-- 7,a7 during the #b-year period beginning on the date his or her employment as a covered financial services regulator ceases-- 7i7 knowingly act as agent or attorney for1 or otherwise represent1 any other person for compensation 7except the ,united ,states7 in any formal or informal appearance before2 7ii7 with the intent to influence1 make any oral or written communication on behalf of any other person 7except the ,united ,states7 to2 or 7iii7 knowingly aid1 advise1 or assist in-- 7,i7 representing any other person 7except the ,united ,states7 in any formal or informal appearance before2 or 7,,ii7 making1 with the intent to influence1 any oral or written communication on behalf of any other person 7except the ,united ,states7 to1 any court of the ,united ,states1 or any officer or employee thereof1 in connection with any judicial or other proceeding1 which was actually pending under his or her official responsibility as a covered financial services regulator during the #a-year period ending on the date his or her employment as a covered financial services regulator ceases or in which he or she participated personally and substantially as a covered financial services regulator2 or 7,b7 during the #b-year period beginning on the date his or her employment as a covered financial services regulator ceases-- 7i7 knowingly act as a lobbyist or agent for1 or otherwise represent1 any other person for compensation 7except the ,united ,states7 in any formal or informal appearance before2 7ii7 with the intent to influence1 make any oral or written communication or conduct any lobbying activities on behalf of any other person 7except the ,united ,states7 to2 or 7iii7 knowingly aid1 advise1 or assist in-- 7,i7 representing any other person 7except the ,united ,states7 in any formal or informal appearance before2 or 7,,ii7 making1 with the intent to influence1 any oral or written communication or conduct any lobbying activities on behalf of any other person 7except the ,united ,states7 to1 any department or agency of the executive branch or ,congress 7including any committee of ,congress71 or any officer or employee thereof1 in connection with any matter which is pending before the department1 agency1 or ,congress4 7#b7 ,penalty ,any person who violates paragraph 7#a7 shall be punished as provided in section #baf4 7#c7 ,definitions ,in this subsection-- 7,a7 the term covered financial services regulator has the meaning given that term under section #fja of the ,ethics in ,government ,act of #aigh 7#e ,u4,s4,c4 ,app472 and 7,b7 the terms lobbyist and lobbying activities have the meanings given such terms in section #c of the ,lobbying ,disclosure ,act of #aiie 7#b ,u4,s4,c4 #afjb74 4 7b7 ,technical and conforming amendments 7#a7 ,section #ajc7;a7 of the ,honest ,leadership and ,open ,government ,act of #bjjg 7#b ,u4,s4,c4 #dgjb7;a77 is amended by striking section #bjg7;e7 each place it appears and inserting section #bjg7;f74 7#b7 ,section #bjg of title #ah1 ,united ,states ,code1 as amended by subsection 7a71 is amended-- 7,a7 in subsection 7g71 as so redesignated1 by striking or 7e7 and inserting or 7f72 7,b7 in subsection 7j77#a77;,b71 as so redesignated1 by striking subsection 7f7 and inserting subsection 7g72 and 7,c7 in subsection 7k71 as so redesignated-- 7i7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking and 7e7 and inserting 7e71 and 7f72 7ii7 in paragraph 7#d71 by striking and 7e7 and inserting 7e71 and 7f72 and 7iii7 in paragraph 7#g7-- 7,i7 in subparagraph 7,a71 by striking and 7e7 and inserting 7e71 and 7f72 and 7,,ii7 in subparagraph 7,b77ii71 in the matter preceding subclause 7,i71 by striking subsections 7c71 7d71 or 7e7 and inserting subsection 7c71 7d71 7e71 or 7f74 7#c7 ,section #ada7;b77#c7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #baga7;b77#c77 is amended by striking section #bjg7;f77#c7 and inserting #bjg7;g77#c74 7#d7 ,section #ghjb7;b77#c77;,b7 of the ,internal ,revenue ,code of #aihf is amended by striking and 7f7 of section #bjg and inserting and 7g7 of section #bjg4 7#e7 ,section #ajf7p77#f77;,i77ii7 of title #di1 ,united ,states ,code1 is amended by striking and 7f7 of section #bjg and inserting and 7g7 of section #bjg4 #cjjf4 ,restrictions on ,federal examiners and supervisors of financial institutions 7a7 ,in general ,section #aj7k7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahbj7k77 is amended-- 7#a7 in the subsection heading-- 7,a7 by striking ,one-,year and inserting ,two-,year2 and 7,b7 by striking ,examiners and inserting ,examiners and ,supervisors2 7#b7 in paragraph 7#a7-- 7,a7 by striking subparagraph 7,b7 and inserting the following3 7,b7 served-- 7i7 not less than #b months during the final #ab months of the employment of the person with such agency or entity as the senior examiner 7or a functionally equivalent position7 of a depository institution or depository institution holding company with continuing1 broad responsibility for the examination 7or inspection7 of that depository institution or depository institution holding company on behalf of the relevant agency or ,federal reserve bank2 or 7ii7 as a supervisor of the senior examiner with responsibility for managing the oversight of not more than #e depository institutions or depository institution holding companies on behalf of the relevant agency or ,federal reserve bank2 and 2 and 7,b7 in subparagraph 7,c7-- 7i7 in the matter preceding clause 7i71 by striking #a year and inserting #b years2 7ii7 in clause 7i71 by striking or and inserting a semicolon2 7iii7 in clause 7ii71 by striking the period at the end and inserting a semicolon2 and 7iv7 by adding at the end the following3 7iii7 a business entity1 firm1 or association that represents the depository institution or depository institution holding company for compensation4 2 7#c7 by redesignating paragraphs 7#b7 through 7#f7 as paragraphs 7#c7 through 7#g71 respectively2 7#d7 by inserting after paragraph 7#a7 the following3 7#b7 ,application of penalties for supervisors ,a supervisor of a large financial service regulatory agency or a supervisor of a senior examiner shall be subject to the penalties described in paragraph 7#g7 if the supervisor of the senior examiner or the senior examiner knowingly accepts compensation during the period beginning on the date on which the service of the supervisor or senior examiner is terminated and ending on the date that is #b years after the date on which the service on which the service of the supervisor or senior examiner is terminated-- 7,a7 as-- 7i7 an employee2 7ii7 an officer2 7iii7 a director2 or 7iv7 a consultant2 and 7,b7 from-- 7i7 a depository institution2 7ii7 a depository institution holding company that is designated by the ,financial ,stability ,oversight ,council as a systemically important financial market utility under section #hjd of the ,payment1 ,clearing1 and ,settlement ,supervision ,act of #bjaj 7#ab ,u4,s4,c4 #edfc72 or 7iii7 a business entity1 firm1 or association that represents an institution described in clause 7ii7 for compensation4 2 7#e7 in paragraph 7#d71 as so redesignated1 by striking or other company4 and inserting or other company1 firm1 or association42 and 7#f7 in the matter preceding clause 7i7 of subparagraph 7,a7 of paragraph 7#g71 as so redesignated1 by striking other company and inserting other company1 firm1 or association4 7b7 ,technical and conforming amendments ,section #aj7k7 of the ,federal ,deposit ,insurance ,act 7#ab ,u4,s4,c4 #ahbj7k77 is amended-- 7#a7 in paragraph 7#a71 by striking paragraph 7#f7 and inserting paragraph 7#g72 7#b7 in paragraph 7#e77;,a71 as so redesignated1 by inserting and paragraph 7#b7 before the period at the end2 and 7#c7 in paragraph 7#g71 as so redesignated-- 7,a7 in subparagraph 7,a7-- 7i7 by striking subject to paragraph 7#a7 and inserting subject to paragraph 7#a7 or 7#b72 and 7ii7 by striking paragraph 7#a77;,c7 and inserting paragraph 7#a77;,c7 or paragraph 7#b72 and 7,b7 in subparagraph 7,c7-- 7i7 by striking person described in paragraph 7#a7 and inserting person described in paragraph 7#a7 or 7#b72 and 7ii7 by inserting paragraph 7#b7 before the period at the end4 ,,iv ,severability #djja4 ,severability ,if any provision of this ,act or amendment made by this ,act1 or the application of a provision or amendment to any person or circumstance1 is held to be unconstitutional1 the remainder of this and amendments made by this ,act1 and the application of the provisions and amendment to any person or circumstance1 shall not be affected by the holding4