“SEC. 326. Payments for coordinated expenditures.

“(a) In General.—There is established the Federal Election Administration (in this Act referred to as the ‘Administration’).

“(b) Independent Establishment.—The Administration shall be an independent establishment (as defined in section 104 of title 5, United States Code).

“(c) Purpose.—The Administration shall administer, seek to obtain compliance with, enforce, and formulate policy in a manner that is consistent with the language and intent of Congress with respect to the following statutes:

“(1) This Act.

“(2) The Presidential Election Campaign Fund Act under chapter 95 of the Internal Revenue Code of 1986.

“(3) The Presidential Primary Matching Payment Account Act under chapter 96 of the Internal Revenue Code of 1986.

“(d) Exclusive Civil Jurisdiction.—The Administration shall have exclusive jurisdiction with respect to the civil enforcement of the statutes identified in subsection (c).

“(e) Voting Requirement.—All decisions of the Administration with respect to the exercise of its duties and powers under this Act, except those expressly reserved for decision by the Chair, shall be made by a majority vote of its members.

“(f) Meetings and Quorum.—

“(1) MEETINGS.—The Administration shall meet—

“(A) at least once each month; and

“(B) at the call of the Chair.

“(2) QUORUM.—A majority of the members of the Administration shall constitute a quorum.

“(g) Seal.—The Administration shall procure a proper seal, with such suitable inscriptions and devices as the President shall approve. This seal, to be known as the official seal of the Federal Election Administration, shall be kept and used to verify official documents, under such rules and regulations as the Administration may prescribe. Judicial notice shall be taken of the seal.

“(h) Principal Office.—The principal office of the Administration shall be in or near the District of Columbia, but the Administration may meet or exercise any of its powers anywhere in the United States.

“(a) In General.—The Administration shall be composed of 5 members, one of whom shall serve as the Chair of the Administration. Not more than 2 members of the Administration shall be affiliated with the same political party while serving as a member of the Administration. For purposes of the preceding sentence, 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 5-year period ending on the date on which such individual is nominated to be a member of the Administration.

“(b) Appointment.—

“(1) IN GENERAL.—Each member of the Administration shall be appointed by the President, by and with the advice and consent of the Senate.

“(2) CHAIR.—The President shall, at the time of nomination of the first 5 members of the Administration, designate one of the five to serve as the Chair. Any individual appointed to succeed, or to fill the unexpired term of, that member (or any member succeeding that member) shall serve as the Chair.

“(3) QUALIFICATIONS.—

“(A) 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 integrity, impartiality, and good judgment.

“(B) ASSISTANCE OF BLUE RIBBON ADVISORY PANEL.—

“(i) 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 term, the President shall convene a Blue Ribbon Advisory Panel, that includes individuals representing each major political party and individuals who are independent of a major political party and that consists of an odd number of individuals selected by the President from retired Federal judges, former law enforcement officials, or individuals with experience in election law, except that the President may not select any individual to serve on the panel who holds any public office at the time of selection.

“(ii) RECOMMENDATIONS.—With respect to each member of the Commission whose term is expiring or each vacancy in the membership of the Commission (as the case may be), the Blue Ribbon Advisory Panel shall recommend to the President at least one but not more than 3 individuals for nomination for appointment as a member of the Commission.

“(iii) PUBLICATION.—At the time the President submits to the Senate the nominations for individuals to be appointed as members of the Commission, the President shall publish the Blue Ribbon Advisory Panel's recommendations for such nominations.

“(iv) EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a Blue Ribbon Advisory Panel convened under this subparagraph.

“(c) Term of Office.—

“(1) IN GENERAL.—

“(A) CHAIR.—The Chair of the Administration shall be appointed for a term of 10 years.

“(B) OTHER MEMBERS.—Subject to subparagraph (C), the 4 members of the Administration other than the Chair shall be appointed for a term of 6 years.

“(C) INITIAL APPOINTMENTS.—Of the members initially appointed under subparagraph (B), 2 members shall be appointed for a term of 3 years.

“(2) LIMITATION TO ONE TERM.—A member of the Administration may only serve 1 term, except that—

“(A) an individual appointed under subparagraph (B) of paragraph (1) who is appointed for the term described in subparagraph (C) of such paragraph may be appointed to a 6-year term in addition to the term described in such subparagraph; and

“(B) an individual appointed under paragraph (4) to fill the remainder of an unexpired term that has less than ½ of the term remaining may be appointed to serve another term.

“(3) EXPIRED TERMS.—An individual may continue to serve as a member of the Administration after the expiration of such individual’s term until the earlier of—

“(A) the date on which such individual’s successor has taken office; or

“(B) 1 year following the date on which the term of such member expired.

“(4) VACANCIES.—An individual appointed upon a vacancy occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed only for the unexpired term of the predecessor. Such vacancy shall be filled in the same manner as the original appointment.

“(5) PROHIBITING ENGAGEMENT WITH OTHER BUSINESS OR EMPLOYMENT DURING SERVICE.—A member of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity not later than 90 days after such appointment.

“(d) Removal.—A member of the Administration may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.

“(a) In General.—There shall be in the Administration a staff director.

“(b) Responsibilities.—The staff director—

“(1) shall assist the Administration in its administration and operations;

“(2) shall perform such responsibilities as the Administration shall prescribe; and

“(3) may, with the approval of the Chair—

“(A) appoint and fix the pay of such additional personnel as the staff director considers appropriate without regard to the provisions of title 5, United States Code, governing appointments in the competitive service; and

“(B) procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule (5 U.S.C. 5332).

“(c) Appointment.—The staff director shall be appointed by the Chair, after consultation with the other members of the Administration.

“(d) Other Activities.—An individual may not engage in any other business, vocation, or employment while serving as the staff director.

“(a) In General.—There shall be in the Administration a general counsel.

“(b) Responsibilities.—The general counsel shall—

“(1) serve as the chief legal officer of the Administration;

“(2) provide legal assistance to the Administration concerning its programs and policies;

“(3) advise and assist the Administration in carrying out its responsibilities under section 361; and

“(4) represent the Administration in any proceeding in court or before an administrative law judge.

“(c) Appointment.—The general counsel shall be appointed by the Chair, subject to approval by majority vote of the members of the Administration.

“There shall be in the Administration an inspector general. The inspector general and the office of inspector general shall be subject to the Inspector General Act of 1978 (5 U.S.C. App.).

“(a) Chair.—

“(1) IN GENERAL.—The Chair shall be the chief administrative officer of the Administration with the authority to administer the Administration and shall, after consultation with the other members of the Administration, have the power to appoint or remove the staff director and to establish the budget of the Administration.

“(2) OTHER POWERS.—The Chair has the power—

“(A) to the fullest extent practicable, to request the assistance of other agencies and departments of the United States, including the personnel and facilities of such agencies and departments and the heads of such agencies and departments may make available to the Chair such personnel, facilities, and other assistance, with or without reimbursement;

“(B) to appoint, assign, remove, and compensate administrative law judges in accordance with title 5, United States Code;

“(C) to require, by special or general orders, any person to submit, under oath, such written reports and answers to questions as the Chair may prescribe;

“(D) to administer oaths or affirmations;

“(E) to issue and enforce subpoenas in accordance with section 364;

“(F) in any proceeding or investigation, to order testimony to be taken by deposition before any person who is designated by the Chair and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under subparagraph (E);

“(G) to pay witnesses fees and mileage in accordance with section 364(d); and

“(H) to make independent budget requests to Congress in accordance with section 362.

“(b) Administration.—The Administration shall have the power—

“(1) to initiate, defend, or appeal, through the general counsel, any civil action in the name of the Administration to enforce the provisions of this Act and chapters 95 and 96 of the Internal Revenue Code of 1986;

“(2) to assess civil penalties for violations of this Act and chapters 95 and 96 of the Internal Revenue Code of 1986;

“(3) to issue cease-and-desist orders to prevent violations of this Act and chapters 95 and 96 of the Internal Revenue Code of 1986;

“(4) to establish procedures and schedules for agency adjudication that ensure timely enforcement of this Act and chapters 95 and 96 of the Internal Revenue Code of 1986;

“(5) to render advisory opinions under section 363;

“(6) to develop prescribed forms, and to make, amend, and repeal rules, pursuant to section 365;

“(7) to establish procedures for alternative dispute resolution of violations of this Act or of chapters 95 or 96 of the Internal Revenue Code of 1986;

“(8) to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities; and

“(9) to transmit to the President and to Congress not later than June 1 of each year, a report which states in detail the activities of the Administration in carrying out its duties under this Act, and which includes any recommendations for any legislative or other action the Administration considers appropriate.

“(a) Exemption From OMB Oversight.—Whenever the Chair submits any budget estimate or request to the President or the Office of Management and Budget, the Chair shall concurrently transmit a copy of such estimate or request to Congress.

“(b) Authority To Make Independent Legislative Recommendations.—Whenever the Administration submits any legislative recommendation, testimony, or comments on legislation requested by Congress or by any Member of Congress, to the President or the Office of Management and Budget, the Administration shall concurrently transmit a copy thereof to Congress or to the Member requesting the same. No officer or agency of the United States shall have any authority to require the Administration to submit its legislative recommendations, testimony, or comments on legislation, to any office or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to Congress.

“(a) Requests for Advisory Opinions.—

“(1) IN GENERAL.—Not later than 60 days after the Administration receives from a person a complete written request concerning the application of this Act, chapter 95 or 96 of the Internal Revenue Code of 1986, or a rule or regulation prescribed by the Administration, with respect to a specific transaction or activity by the person, the Administration shall render a written advisory opinion relating to such transaction or activity to the person.

“(2) REQUESTS BY CANDIDATES.—If an advisory opinion is requested by a candidate, or any authorized committee of such candidate, during the 60-day period before any election for Federal office involving the requesting party, the Administration shall render a written advisory opinion relating to such request not later than 20 days after the Administration receives a complete written request.

“(b) Rulemaking Required.—Any rule of law which is not stated in this Act or in chapter 95 or 96 of the Internal Revenue Code of 1986 may be initially proposed by the Administration only as a rule or regulation pursuant to procedures established in section 365. No opinion of an advisory nature may be issued by the Administration or any other officer or employee of the Administration except in accordance with the provisions of this section.

“(c) Reliance on Advisory Opinions.—

“(1) IN GENERAL.—Any advisory opinion rendered by the Administration under subsection (a) may be relied upon by—

“(A) any person involved in the specific transaction or activity with respect to which such advisory opinion is rendered; and

“(B) any person involved in any specific transaction or activity which is indistinguishable in all its material aspects from the transaction or activity with respect to which such advisory opinion is rendered.

“(2) PROTECTION FROM LIABILITY.—Notwithstanding any other provisions of law, any person who relies upon any provision or finding of an advisory opinion in accordance with the provisions of paragraph (1) and who acts in good faith in accordance with the provisions and findings of such advisory opinion shall not, as a result of any such act, be subject to any sanction provided by this Act or by chapter 95 or 96 of the Internal Revenue Code of 1986.

“(d) Notice and comment.—

“(1) PUBLICATION OF REQUESTS.—The Administration shall make public any request made under subsection (a) for an advisory opinion.

“(2) OPPORTUNITY TO COMMENT.—

“(A) WRITTEN COMMENTS.—Before rendering an advisory opinion, the Administration shall accept written comments submitted by any interested party within the 10-day period following the date on which the request is made public.

“(B) TESTIMONY.—To the extent that the Commission provides an opportunity for a person requesting an advisory opinion under this section (or counsel for such person) to appear before the Commission to present testimony in support of the request, and the person (or counsel) accepts such opportunity, the Commission shall provide a reasonable opportunity for an interested party who submitted written comments under subparagraph (A) in response to the request (or counsel for such interested party) to appear before the Commission to present testimony in response to the request.

“(e) Judicial Review.—

“(1) IN GENERAL.—Any person adversely affected by an advisory opinion rendered by the Administration may obtain judicial review of such advisory opinion by filing a petition in the United States Court of Appeals for the District of Columbia Circuit.

“(2) SCOPE OF REVIEW.—For purposes of conducting the judicial review described in paragraph (1), the provisions of section 706 of title 5, United States Code, shall apply.

“(a) Issuance by the Chair.—If the Administration is conducting an investigation pursuant to section 371 or 372, the Chair shall, on behalf of the Administration, have the power to require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of the Administration’s duties.

“(b) Issuance by an Administrative Law Judge.—Any administrative law judge presiding over an enforcement action pursuant to section 373 shall have the power to require by subpoena the attendance and testimony of witnesses and the production of all documentary evidence relating to the administrative law judge’s duties.

“(c) Issuance and Enforcement of Subpoenas.—

“(1) ISSUANCE.—Subpoenas issued under subsection (a) or (b) shall bear the signature of the Chair or an administrative law judge, respectively, and shall be served by any person or class of persons designated by the Chair or administrative law judge for that purpose.

“(2) ENFORCEMENT.—In the case of contumacy or failure to obey a subpoena issued under subsection (a) or (b), the Federal district court for the judicial district in which the subpoenaed person resides, is served, or may be found may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court.

“(d) Witness Allowances and Fees.—Section 1821 of title 28, United States Code, shall apply to witnesses requested or subpoenaed to appear at any hearing of the Administration. The per diem and mileage allowances for witnesses shall be paid from funds available to pay the expenses of the Administration.

“(e) Jurisdiction.—Subpoenas for witnesses who are required to attend a Federal district court may run into any other district.

“(a) In General.—The Administration may, pursuant to the provisions of chapter 5 of title 5, United States Code, prescribe such rules and regulations as the Administration deems necessary to carry out the provisions of this Act and chapters 95 and 96 of the Internal Revenue Code of 1986, including the authority to promulgate rules of practice and procedure for agency adjudications.

“(b) Authority To Promulgate Independent Regulations.—Whenever the Administration promulgates any regulation, it shall not be required to submit such regulation for review or approval to the President or the Office of Management and Budget.

“(c) Conduct of Activities.—The Administration shall prepare written rules for the conduct of its activities, including procedures for the conduct of enforcement actions under sections 371, 372, and 373.

“(d) Forms.—

“(1) IN GENERAL.—The Administration shall prescribe forms necessary to implement this Act and chapters 95 and 96 of the Internal Revenue Code of 1986.

“(2) PUBLIC PROTECTION.—Any forms prescribed by the Administration under paragraph (1), and any information-gathering activities of the Administration under this Act, shall not be subject to the provisions of section 3512 of title 44, United States Code.

“(e) Reliance Upon Rules and Regulations.—Notwithstanding any other provision of law, any person who relies upon any rule or regulation prescribed by the Administration in accordance with the provisions of this section and who acts in good faith in accordance with such rule or regulation shall not, as a result of such act, be subject to any sanction provided by this Act or by chapter 95 or 96 of the Internal Revenue Code of 1986.

“(f) Consultation With IRS.—In prescribing rules, regulations, and forms under this section, the Administration and the Secretary of the Treasury shall consult and work together to promulgate rules, regulations, and forms which are mutually consistent. The Administration shall report to Congress annually on the steps it has taken to comply with this subsection.

“(g) Judicial Review.—

“(1) IN GENERAL.—Any person adversely affected by a rule, regulation, or form promulgated by the Administration may obtain judicial review of such rule, regulation, or form by filing a petition in the United States Court of Appeals for the District of Columbia Circuit.

“(2) SCOPE OF REVIEW.—For purposes of conducting the judicial review described in paragraph (1), the provisions of section 706 of title 5, United States Code, shall apply.

“(h) Rule and Regulation Defined.—In this Act, the terms ‘rule’ and ‘regulation’ mean a provision or series of interrelated provisions stating a single, separable rule of law.

“(a) In General.—Notwithstanding sections 516 and 518 of title 28, United States Code, and section 3106 of title 5, United States Code, the Administration is authorized to bring, appear in, defend against, and appeal any action instituted under this Act or chapter 95 or 96 of the Internal Revenue Code of 1986, in any court either—

“(1) by attorneys employed by the Administration; or

“(2) by counsel whom it may appoint, on a temporary basis as may be necessary for such purpose, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title.

“(b) Compensation of Appointed Counsel.—The compensation of counsel appointed on a temporary basis under subsection (a)(2) shall be paid out of any funds otherwise available to pay the compensation of employees of the Administration.

“(c) Independence From Attorney General.—In pursuing an action under this section, the Administration may act independently of the Attorney General.

“(a) In General.—The Administration shall—

“(1) prepare, publish, and furnish to all persons required to file reports and statements under this Act a manual recommending uniform methods of bookkeeping and reporting;

“(2) develop a filing, coding, and cross-indexing system consistent with the purposes of this Act;

“(3) within 48 hours after the time of the receipt by the Administration of reports and statements filed with the Administration, make them available for public inspection, and copying, at the expense of the person requesting such copying, except that any information copied from such reports or statements may not be sold or used by any person for the purpose of soliciting contributions or for commercial purposes, other than using the name and address of any political committee to solicit contributions from such committee;

“(4) keep such designations, reports, and statements for a period of 10 years from the date of receipt and maintain computerized records of such designations, reports, and statements thereafter;

“(5) (A) compile and maintain a cumulative index of designations, reports, and statements filed under this Act, publish the index at regular intervals, and make the index available for purchase directly or by mail;

“(B) compile, maintain, and revise a separate cumulative index of reports and statements filed by multicandidate committees, including in such index a list of multicandidate committees; and

“(C) compile and maintain a list of multicandidate committees, which shall be revised and made available monthly;

“(6) prepare and publish periodically lists of authorized committees which fail to file reports as required by this Act; and

“(7) serve as a national clearinghouse for the compilation of information and review of procedures with respect to the administration of Federal elections.

“(b) Pseudonyms.—For purposes of subsection (a)(3), a political committee may submit 10 pseudonyms on each report filed in order to protect against the illegal use of names and addresses of contributors, but only if such committee attaches a list of such pseudonyms to the appropriate report. The Administration shall exclude these lists from the public record.

“(c) Contracts.—The Administration may enter into contracts for the purpose of performing the duties described in subsection (a).

“(d) Availability of Reports.—Reports or other information described in subsection (a) shall be available to the public, except that—

“(1) copies shall be made available without cost, upon request, to agencies and branches of the Federal Government; and

“(2) information made available as a result of the application of paragraph (7) of such subsection shall be made available to the public only upon the payment of the cost thereof.

“(a) In General.—The Administration may, in accordance with the provisions of this section, conduct audits and field investigations of any political committee required to file a report under section 304.

“(b) Priority.—All audits and field investigations concerning the verification for, and receipt and use of, any payments received by a candidate or committee under chapter 95 or 96 of the Internal Revenue Code of 1986 shall be given priority.

“(c) Audits and Field Examinations Where Thresholds Not Met.—

“(1) INTERNAL REVIEW.—The Administration shall conduct an internal review of reports filed by selected committees to determine if the reports filed by a particular committee meet the threshold requirements for substantial compliance with the Act. Such thresholds for compliance shall be established by the Administration.

“(2) AUDITS AND FIELD EXAMINATIONS.—The Administration may vote to conduct an audit and field investigation of any committee which it determines under paragraph (1) does not meet the threshold requirements established by the Administration. Such audits shall be commenced within 30 days of such vote, except that any audit under the provisions of this subsection of an authorized committee of a candidate shall be commenced within 6 months of the election for which such committee is authorized.

“(d) Random Audits.—

“(1) IN GENERAL.—In addition to any audits conducted under subsection (c), the Administration may, subject to paragraph (2), conduct audits of any committee selected at random to ensure compliance with this Act. The selection of any committee under this paragraph shall be based on standards and procedures adopted by the Administration, except that in any calendar year such audits may be initiated against no more than 3 percent of all authorized candidate campaign committees.

“(2) APPLICABLE RULES.—

“(A) IN GENERAL.—If the Administration selects a committee for audit under paragraph (1), the Administration shall promptly notify the committee of the selection and commence the audit within 30 days of the selection.

“(B) SPECIAL RULES FOR AUTHORIZED COMMITTEES.—If the committee selected under paragraph (1) is an authorized committee of a candidate, the audit—

“(i) shall be commenced and actively undertaken within 6 months of the election for which the committee is authorized; and

“(ii) may examine compliance with this Act only with respect to that election.

“(3) EXCEPTION.—This subsection shall not apply to an authorized committee of a candidate for President or Vice President subject to audit under section 9007 or 9038 of the Internal Revenue Code of 1986.

“Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of Congress or any committee of Congress with respect to elections for Federal office.

“(a) In General.—The Administration may initiate a civil enforcement action under section 373 if, after conducting an investigation, the Administration finds reasonable grounds to believe that a violation of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986 has occurred or is about to occur.

“(b) Basis for Findings.—The Administration may make a finding under subsection (a) based on any information available to the Administration, including the filing of a complaint under section 372.

“(c) Notice and Opportunity To Demonstrate No Violation.—Prior to initiating an enforcement action under subsection (a), the Administration shall give any person under investigation notice and the opportunity to demonstrate that there are no reasonable grounds to believe a violation has occurred or is about to occur, but the Administration’s decision on such matter shall not be subject to judicial review.

“(a) Filing of Complaint.—

“(1) IN GENERAL.—Any person may file a complaint with the Administration alleging a violation of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986.

“(2) TECHNICAL REQUIREMENTS.—A complaint filed under paragraph (1) shall be—

“(A) in writing, signed, and sworn to by the person filing such complaint;

“(B) notarized; and

“(C) made under penalty of perjury and subject to the provisions of section 1001 of title 18, United States Code.

“(3) ACTION BY THE ADMINISTRATION.—Subject to paragraph (4), based on the allegations in a complaint filed under paragraph (1), and such investigations the Administration deems necessary and appropriate, the Administration may—

“(A) initiate a civil enforcement action under section 373 if the Administration finds reasonable grounds to believe a violation has occurred or is about to occur; or

“(B) dismiss the complaint.

“(4) PROHIBITION OF ANONYMOUS COMPLAINTS.—The Commission may not conduct any investigation or take any other action under this section solely on the basis of a complaint of a person whose identity is not disclosed to the Administration.

“(5) RECOVERY OF COSTS.—Any person who has filed a complaint under paragraph (1) shall be entitled to recover from the Administration up to $1,000 of the costs incurred in preparing and filing the complaint if, based on the complaint, the Administration—

“(A) makes a finding under section 373(a) that a person has violated (or is about to violate) the Act; or

“(B) enters into a conciliation agreement with a person under section 373(c).

“(b) Notice and Opportunity To Demonstrate No Violation.—Prior to initiating an enforcement action under subsection (a)(3)(A), the Administration shall give any person named in a complaint notice and an opportunity to demonstrate that there are no reasonable grounds to believe a violation described in such subsection has occurred or is about to occur, but the Administration’s determination under subsection (a)(3) shall not be subject to judicial review in an action brought by such person.

“(c) Failure by the Administration To Take Timely Action.—

“(1) IN GENERAL.—If the Administration—

“(A) dismisses a complaint filed under subsection (a); or

“(B) fails to initiate a civil enforcement action under section 373 within 180 days of the filing of such a complaint, the person filing the complaint under subsection (a) may seek judicial review of the Administration’s dismissal, or failure to act, in Federal district court in the District of Columbia or in the district in which such person resides.

“(2) SCOPE OF REVIEW.—The court shall review the Administration’s dismissal of the complaint or failure to act in accordance with the provisions of section 706 of title 5, United States Code.

“(3) COURT ORDERS.—The court may order the Administration to initiate an enforcement action or to conduct a further investigation of the complaint within a time set by the court.

“(a) In General.—The Administration shall have the authority to impose a civil monetary penalty under section 375, issue a cease-and-desist order under section 376, or do both, if the Administration finds, by an order made on the record after notice and an opportunity for hearing before an administrative law judge pursuant to subchapter II of chapter 5 of title 5, United States Code, that a person has violated (or, in the case of a cease-and-desist order, has violated or is about to violate) this Act or chapter 95 or 96 of the Internal Revenue Code of 1986. The general counsel shall represent the Administration in any proceeding before an administrative law judge.

“(b) Notice and Request for Hearing.—

“(1) NOTICE.—If the Administration finds under section 371 or 372 that there are reasonable grounds to believe a violation has occurred or is about to occur, the Administration shall serve written notice of the charges on each respondent, and shall conduct such further investigation as the Administration deems necessary and appropriate.

“(2) REQUEST FOR HEARING.—Each respondent shall have an opportunity to request, prior to the date that is 30 days after the date on which the notice is received, a hearing on the charges before an administrative law judge.

“(3) EFFECT OF FAILURE TO REQUEST A HEARING.—If no hearing is requested, the Administration shall make a finding on the charges, and shall issue whatever relief the Administration deems appropriate under sections 375 and 376.

“(c) Conciliation.—

“(1) PROCEDURES FOR ENTERING INTO CONCILIATION AGREEMENTS.—

“(A) IN GENERAL.—If the respondent requests a hearing under subsection (b)(2), the Administration shall attempt, for a period that does not exceed 60 days (or 15 days if the hearing is requested within 60 days of an election), to correct or prevent such violation by informal methods of conference, conciliation, and persuasion, and to enter into a conciliation agreement with the respondent. In the case of a hearing that is requested at a time other than within 60 days of an election, the period for conciliation shall not be less than 30 days unless an agreement is reached before then.

“(B) INCLUSION OF CIVIL MONETARY PENALTIES.—A conciliation agreement may include a requirement that the person involved in such conciliation shall pay a civil monetary penalty that does not exceed the amounts set forth in subsection (a) of section 375 or, in the case of a knowing and willful violation, the amounts set forth in subsection (b) of such section. The conciliation agreement may also include the requirement that the person involved consent to the terms of a cease-and-desist order, as provided in section 376.

“(C) REPRESENTATION BY GENERAL COUNSEL.—The general counsel shall represent the Administration in any negotiations for a conciliation agreement and any such conciliation agreement shall be subject to the approval of the Administration.

“(D) BAR TO FURTHER ACTION.—A conciliation agreement, unless violated, is a complete bar to any further action by the Administration.

“(2) CONFIDENTIALITY.—No action by the Administration or any other person, and no information derived in connection with any conciliation attempt by the Administration may be made public by the Administration, without the written consent of the respondent, except that if a conciliation agreement is agreed upon and signed by the Administration and the respondent, the Administration shall make such agreement public.

“(3) VIOLATION OF CONCILIATION AGREEMENT.—In any case in which a person has entered into a conciliation agreement with the Administration under paragraph (1), the Administration may institute a civil action for relief if the Administration believes the person has violated any provision of such conciliation agreement. Such civil action shall be brought in the Federal district court for the district in which the respondent resides or has its principal place of business, or for the District of Columbia. Such court shall have jurisdiction to issue any relief appropriate under sections 375 and 376. For the Administration to obtain relief in any such action, the Administration need only establish that the person has violated, in whole or in part, any requirement of such conciliation agreement.

“(d) Hearing.—At the request of any respondent, a hearing on the charges served under subsection (b)(1) shall be conducted before an administrative law judge, who shall make such findings of fact and conclusions of law as the administrative law judge deems appropriate. The administrative law judge shall also have the authority to impose a civil monetary penalty on the respondent, issue a cease-and-desist order, or both. The decision of the administrative law judge shall constitute final agency action unless an appeal is taken under subsection (e).

“(e) Appeal to Administration.—

“(1) RIGHT TO APPEAL.—The general counsel and each respondent shall each have a right to appeal to the Administration from any final determination made by an administrative law judge.

“(2) REVIEW OF ALJ DETERMINATIONS.—In the event of an appeal under paragraph (1), the Administration shall review the determination of the administrative law judge to determine whether—

“(A) a finding of material fact is not supported by substantial evidence;

“(B) a conclusion of law is erroneous;

“(C) the determination of the administrative law judge is contrary to law or to the duly promulgated rules or decisions of the Administration;

“(D) a prejudicial error of procedure was committed; or

“(E) the decision or the relief ordered is otherwise arbitrary, capricious, or an abuse of discretion.

“(3) FINAL AGENCY ACTION.—The decision of the Administration shall constitute final agency action.

“(f) Judicial Review.—

“(1) IN GENERAL.—Any party aggrieved by a final agency action and who has exhausted all administrative remedies, including requesting a hearing before an administrative law judge and appealing an adverse decision of an administrative law judge to the Administration, may obtain judicial review of such action in the United States Court of Appeals for any circuit wherein such person resides or has its principal place of business, or in the United States Court of Appeals for the District of Columbia Circuit.

“(2) SCOPE OF REVIEW.—For purposes of conducting the judicial review described in paragraph (1), the provisions of section 706 of title 5, United States Code, shall apply.

“(3) PETITION FOR JUDICIAL REVIEW.—To obtain judicial review under paragraph (1), an aggrieved party described in such paragraph shall file a petition with the court during the 30-day period beginning on the date on which the order was issued. A copy of such petition shall be transmitted forthwith by the clerk of the court to the Administration, and thereupon the Administration shall file in the court the record upon which the order complained of was entered, as provided in section 2112 of title 28, United States Code.

“(a) Notification.—Before taking any action under section 373 against any person who has failed to file a report required under section 304(a)(2)(A)(iii) for the calendar quarter immediately preceding the election involved, or in accordance with section 304(a)(2)(A)(i), the Administration shall notify the person of such failure to file the required reports.

“(b) Opportunity for Response.—If a satisfactory response is not received within 4 business days after the date of notification, the Administration shall, pursuant to section 367(a)(6), publish before the election the name of the person and the report or reports such person has failed to file.

“(a) In General.—Any person who violates this Act, or chapter 95 or 96 of the Internal Revenue Code of 1986, shall be liable to the United States for a civil monetary penalty for each violation which does not exceed the greater of $5,000 or an amount equal to any contribution or expenditure involved in such violation. Such penalty shall be imposed by the Administration pursuant to section 373.

“(b) Knowing and Willful Violations.—Any person who commits a knowing and willful violation of this Act, or of chapter 95 or 96 of the Internal Revenue Code of 1986, shall be liable to the United States for a civil monetary penalty for each violation which does not exceed the greater of $10,000 or an amount equal to 200 percent of any contribution or expenditure involved in such violation (or, in the case of a violation of section 320, which is not less than 300 percent of the amount involved in the violation and is not more than the greater of $50,000 or 1,000 percent of the amount involved in the violation). Such penalty shall be imposed by the Administration pursuant to section 373.

“(c) Determination of Civil Monetary Penalty.—In determining the amount of a civil monetary penalty under this section with respect to a violation described in this section, the Administration or an administrative law judge shall take into account the nature, circumstances, extent, and gravity of the violation and, with respect to the violator, any prior violation, the degree of culpability, and such other matters as justice may require.

“(d) Referral to Attorney General.—

“(1) IN GENERAL.—If the Administration determines that a knowing and willful violation of this Act which is subject to section 379, or a knowing and willful violation of chapter 95 or 96 of the Internal Revenue Code of 1986, has occurred or is about to occur, the Administration may refer such apparent violation to the Attorney General without regard to any limitations set forth under section 373.

“(2) REPORTING BY THE ATTORNEY GENERAL.—Whenever the Administration refers an apparent violation to the Attorney General, the Attorney General shall report to the Administration any action taken by the Attorney General regarding the apparent violation. Each report shall be transmitted within 60 days after the date the Administration refers an apparent violation, and every 30 days thereafter until the final disposition of the apparent violation.

“(a) In General.—If the Administration finds, after notice and opportunity for hearing under section 373, that any person is violating, has violated, or is about to violate any provision of this Act, or chapter 95 or 96 of the Internal Revenue Code of 1986, or any rule or regulation thereunder, the Administration may publish any findings and enter an order requiring such person, or any other person that is, was, or would be a cause of the violation due to an act or omission the person knew or should have known would contribute to such violation, to cease and desist from committing or causing such violation and any future violation of the same provision, rule, or regulation. Such order may, in addition to requiring a person to cease and desist from committing or causing a violation, require such person to comply (or to take steps to effect compliance) with such provision, rule, or regulation, upon such terms and conditions and within such time as the Administration may specify in such order.

“(b) Temporary Order.—Whenever the Administration determines that an alleged violation or threatened violation specified in the notice initiating a civil enforcement action under section 373, or the continuation thereof, is likely to result in violation of this Act, or of chapter 95 or 96 of the Internal Revenue Code of 1986, and substantial harm to the public interest, the Administration may apply to the Federal district court for the district in which the respondent resides or has its principal place of business, in which the alleged or threatened violation occurred or is about to occur, or for the District of Columbia, for a temporary restraining order or a preliminary injunction requiring the respondent to cease and desist from the violation or threatened violation and to take such action to prevent the violation or threatened violation. The Administration may apply for such order without regard to any limitation under section 373.

“If any person fails to pay an assessment of a civil penalty—

“(1) after the order making the assessment has become a final order and such person has not timely filed a petition for judicial review of the order in accordance with section 373(f)(3) or if the order of the Administration is upheld after judicial review; or

“(2) after a court in an action brought under section 373(c)(3) has entered a final judgment no longer subject to appeal in favor of the Administration,

the Attorney General shall recover the amount assessed (plus interest at currently prevailing rates from the date of the expiration of the 30-day period referred to in section 373(f)(3) or the date of such final judgment, as the case may be) in an action brought in any appropriate district court of the United States. In such an action, the validity, amount, and appropriateness of such penalty shall not be subject to review.

“(a) Prior to a Finding of Reasonable Grounds.—Any proceedings conducted by the Administration prior to a finding that there are reasonable grounds to believe a violation of the law has occurred or is about to occur, including any investigation pursuant to section 371 or pursuant to a complaint filed under section 372, shall be confidential and none of the Administration’s records concerning the complaint shall be made public, except that the person filing a complaint pursuant to section 372 is permitted to make such complaint public.

“(b) After a Finding of Reasonable Grounds.—Except as provided in subsection (d), if the Administration makes a finding pursuant to section 371 or 372 that there are reasonable grounds to believe that a violation of law has occurred or is about to occur—

“(1) the finding of the Administration as well as any complaint filed under section 372, any notice of charges, and any answer or similar documents filed with the Administration shall be made public; and

“(2) all proceedings conducted before an administrative law judge under section 373, and all documents used during such proceedings, shall be made public.

“(c) After Dismissal of a Complaint or Conclusion of Proceedings Following a Finding of Reasonable Grounds.—Subject to subsection (d), following the Administration’s dismissal of a complaint filed under section 372 or the termination of proceedings following a finding of reasonable grounds under section 371 or 372, the Administration shall, not later than the date that is 30 days after such dismissal or termination, make public—

“(1) the complaint, any notice of charges, and any answer or similar documents filed with the Administration (unless such information has already been made public under subsection (b)(1));

“(2) any order setting forth the Administration’s final action on the complaint;

“(3) any findings made by the Administration in relation to the action; and

“(4) all documentary materials and testimony constituting the record on which the Administration relied in taking its actions.

Subject to subsection (d), the affirmative disclosure requirement of this subsection is without prejudice to the right of any person to request and obtain records relating to an investigation under section 552 of title 5, United States Code.

“(d) Confidentiality of Records and Proceedings Otherwise Subject to Disclosure.—

“(1) IN GENERAL.—The Administration shall issue regulations providing for the protection of information the disclosure of which under subsection (b) or (c) would impair any person’s constitutionally protected right of privacy, freedom of speech, or freedom of association. The Administration shall also issue regulations addressing the application of exemptions from disclosure contained in section 552 of title 5, United States Code, to records comprising the Administration’s investigative files. Such regulations shall consider the need to protect any person’s constitutionally protected rights to privacy, freedom of speech, and freedom of association, as well as the need to make information about the Administration’s activities and decisions widely accessible to the public.

“(2) PETITION TO MAINTAIN CONFIDENTIALITY.—

“(A) IN GENERAL.—Any person who would be adversely affected by any disclosure of information about the person made pursuant to subsection (b) or (c), or by the conduct in public of a hearing or other proceeding conducted pursuant to section 373, shall have the right to petition the Administration to maintain the confidentiality of such information or such proceeding on the ground that such information falls within the scope of any exemption from disclosure contained in section 552 of title 5, United States Code, or is prohibited from disclosure under the Administration’s regulations, the Constitution, or any other provision of law. Upon the receipt of such petition, the Administration shall make a prompt determination whether the information should be kept confidential, and shall withhold such information from disclosure pending this determination. The Administration shall notify the petitioner in writing of the determination.

“(B) REGULATIONS.—The Administration shall prescribe regulations governing the consideration of petitions under this paragraph. Such regulations shall provide for public notice of the pendancy of any petition filed under subparagraph (A) and the right of any interested party to respond to or comment on such petition.

“(e) Penalties.—Any member or employee of the Administration, or any other person, who violates the provisions of this section shall be fined not more than $2,000. Any such member, employee, or other person who knowingly and willfully violates the provisions of this section shall be fined not more than $5,000.

“(a) Knowing and Willful Violations.—Any person who knowingly and willfully commits a violation of any provision of this Act that involves the making, receiving, or reporting of any contribution, donation, or expenditure—

“(1) aggregating $25,000 or more during a calendar year shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both; or

“(2) aggregating $2,000 or more (but less than $25,000) during a calendar year shall be fined under such title, or imprisoned for not more than 1 year, or both.

“(b) Contributions or Expenditures by National Banks, Corporations, or Labor Organizations.—In the case of a knowing and willful violation of section 316(b)(3), the penalties set forth in subsection (a) shall apply to each violation involving an amount aggregating $250 or more during a calendar year. Such a violation of section 316(b)(3) may incorporate a violation of section 317(a), 320, or 321.

“(c) Fraudulent Misrepresentation of Campaign Authority.—In the case of a knowing and willful violation of section 322, the penalties set forth in subsection (a) shall apply without regard to whether the making, receiving, or reporting of a contribution or expenditure of $1,000 or more is involved.

“(d) Prohibition of Contributions in Name of Another.—Any person who knowingly and willfully commits a violation of section 320 involving an amount aggregating more than $10,000 during a calendar year shall be—

“(1) imprisoned for not more than 2 years if the amount is less than $25,000 and subject to imprisonment under subsection (a) if the amount is $25,000 or more;

“(2) fined not less than 300 percent of the amount involved in the violation and not more than the greater of—

“(A) $50,000; or

“(B) 1,000 percent of the amount involved in the violation; or

“(3) both imprisoned as provided under paragraph (1) and fined as provided under paragraph (2).

“(e) Effect of Conciliation Agreements.—

“(1) EVIDENCE OF LACK OF KNOWLEDGE AND INTENT.—In any criminal action brought for a violation of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, any defendant may evidence their lack of knowledge or intent to commit the alleged violation by introducing as evidence a conciliation agreement entered into between the defendant and the Administration under section 373(c)(1) which specifically deals with the act or failure to act constituting such violation and which is still in effect.

“(2) CONSIDERATION BY COURTS.—In any criminal action brought for a violation of any provision of this Act or of chapter 95 or 96 of the Internal Revenue Code of 1986, the court before which such action is brought shall take into account, in weighing the seriousness of the violation and in considering the appropriateness of the penalty to be imposed if the defendant is found guilty, whether—

“(A) the specific act or failure to act which constitutes the violation for which the action was brought is the subject of a conciliation agreement entered into between the defendant and the Administration under section 373(c)(1);

“(B) the conciliation agreement is in effect; and

“(C) the defendant is, with respect to the violation involved, in compliance with the conciliation agreement.

“No person shall be prosecuted, tried, or punished for any violation of this Act, unless the indictment is found or the information is instituted within 5 years after the date of the violation.

“For each fiscal year, there are authorized to be appropriated to the Administration such sums as may be necessary for the purpose of carrying out its functions under this Act and under chapters 95 and 96 of the Internal Revenue Code of 1986.”.

“(a) In general.—In this title, the terms ‘designated agency ethics official’ and ‘executive branch’ have the meanings given such terms under section 109.

“(b) Other definitions.—In this title:

“(1) COVERED FINANCIAL SERVICES AGENCY.—The term ‘covered financial services agency’—

“(A) means a primary financial regulatory agency (as defined in section 2 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (12 U.S.C. 5301)); and

“(B) includes—

“(i) the Board of Governors of the Federal Reserve System;

“(ii) the Office of the Comptroller of the Currency;

“(iii) the Federal Deposit Insurance Corporation;

“(iv) the National Credit Union Administration;

“(v) the Securities and Exchange Commission;

“(vi) the Federal Housing Finance Agency;

“(vii) the Bureau of Consumer Financial Protection;

“(viii) the Commodity Futures Trading Commission; and

“(ix) the Department of the Treasury.

“(2) COVERED FINANCIAL SERVICES REGULATOR.—The term ‘covered financial services regulator’ means an officer or employee of a covered financial services agency who occupies—

“(A) a supervisory position classified above GS–15 of the General Schedule;

“(B) in the case of a position not under the General Schedule, a supervisory position for which the rate of basic pay is not less than 120 percent of the minimum rate of basic pay for GS–15 of the General Schedule; or

“(C) any other supervisory position determined to be of equal classification by the Director of the Office of Government Ethics.

“(3) FORMER CLIENT.—The term ‘former client’—

“(A) means a person for whom a covered financial services regulator served personally as an agent, attorney, or consultant during the 2-year period ending on the date (after such service) on which the covered financial services regulator begins service in the Federal Government; and

“(B) does not include—

“(i) instances in which the service provided was limited to a speech or similar appearance; or

“(ii) a client of the former employer of the covered financial services regulator to whom the covered financial services regulator did not personally provide such services.

“(4) FORMER EMPLOYER.—The term ‘former employer’—

“(A) means a person for whom a covered financial services regulator served as an employee, officer, director, trustee, or general partner during the 2-year period ending on the date (after such service) on which the covered financial services regulator begins service in the Federal Government; and

“(B) does not include—

“(i) an entity in the Federal Government, including an executive branch agency;

“(ii) a State or local government;

“(iii) the District of Columbia;

“(iv) an Indian tribe, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b); or

“(v) the government of a territory or possession of the United States.

“(a) In general.—A covered financial services regulator shall not make, participate in making, 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 regulator.

“(b) Recusal.—A covered financial services regulator shall recuse himself or herself from any official action that would violate subsection (a).

“(c) Waiver.—

“(1) IN GENERAL.—The head of the covered financial services agency employing a covered financial services regulator, in consultation with the Director of the Office of Government Ethics, may grant a written waiver of the restrictions under subsection (a) if, and to the extent that, the head of the covered financial services agency certifies in writing that—

“(A) the application of the restriction to the particular matter is inconsistent with the purposes of the restriction; or

“(B) it is in the public interest to grant the waiver.

“(2) PUBLICATION.—The Director of the Office of Government Ethics shall make each waiver under paragraph (1) publicly available on the Web site of the Office of Government Ethics.

“(a) Prohibition.—Except as provided in subsection (c), and notwithstanding any other provision of law, a covered financial services regulator may not participate in any particular matter which involves, to the knowledge of the covered financial services regulator, an individual or entity with whom the covered financial services regulator is in negotiations of future employment or has an arrangement concerning prospective employment.

“(b) Disclosure of employment negotiations.—

“(1) IN GENERAL.—If a covered financial services regulator begins any negotiations of future employment with another person, or an agent or intermediary of another person, or other discussion or communication with another person, or an agent or intermediary of another person, mutually conducted with a view toward reaching an agreement regarding possible employment of the covered financial services regulator, 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 negotiations, discussions, or communications.

“(2) INFORMATION.—A designated agency ethics official receiving notice under paragraph (1), after consultation with the Director of the Office of Government Ethics, shall inform the covered financial services regulator of any potential conflicts of interest involved in any negotiations, discussions, or communications with the other person and the prohibitions applicable.

“(c) Waivers only when exceptional circumstances exist.—

“(1) IN GENERAL.—The head of a covered financial services agency may only grant a waiver of subsection (a) if the head determines that exceptional circumstances exist.

“(2) REVIEW AND PUBLICATION.—For any waiver granted under paragraph (1), the Director of the Office of Government Ethics shall—

“(A) review the circumstances relating to the waiver and the determination that exceptional circumstances exist; and

“(B) make the waiver publicly available on the Web site of the Office of Government Ethics, which shall include—

“(i) the name of the private person or persons involved in the negotiations or arrangement concerning prospective employment; and

“(ii) the date on which the negotiations or arrangements commenced.

“(d) Scope.—For purposes of this section, the term ‘negotiations of future employment’ is not limited to discussions of specific terms or conditions of employment in a specific position.

“The Director of the Office of Government Ethics shall—

“(1) receive all employment histories, recusal and waiver records, and other disclosure records for covered executive branch officials necessary for monitoring compliance to this title;

“(2) promulgate rules and regulations, in consultation with the Director of the Office of Personnel Management and the Attorney General, for implementation of this title;

“(3) provide guidance and assistance where appropriate to facilitate compliance with this title;

“(4) review and, where necessary, assist designated agency ethics officers in providing advice to covered financial services regulators regarding compliance with this title; and

“(5) if the Director determines that a violation of this title may have occurred, and in consultation with the designated agency ethics officer and the Counsel to the President, refer the compliance case to the United States Attorney for the District of Columbia for enforcement action.

“(a) Criminal penalties.—

“(1) IN GENERAL.—Any person who violates section 602 or 603 shall be fined under title 18, United States Code, imprisoned for not more than 1 year, or both.

“(2) WILLFUL VIOLATIONS.—Any person who willfully violates section 602 or 603 shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.

“(b) Civil enforcement.—

“(1) IN GENERAL.—The Attorney General may bring a civil action in the appropriate United States district court against any person who violates, or who the Attorney General has reason to believe is engaging in conduct that violates, section 602 or 603.

“(2) CIVIL PENALTY.—

“(A) IN GENERAL.—Upon proof by a preponderance of the evidence that a person violated section 602 or 603, the court shall impose a civil penalty of not more than the greater of—

“(i) $100,000 for each violation; or

“(ii) the amount of compensation the person received or was offered for the conduct constituting the violation.

“(B) RULE OF CONSTRUCTION.—A civil penalty under this subsection shall be in addition to any other criminal or civil statutory, common law, or administrative remedy, available to the United States or any other person.

“(3) INJUNCTIVE RELIEF.—

“(A) IN GENERAL.—In a civil action brought under paragraph (1) against a person, the Attorney General may petition the court for an order prohibiting the person from engaging in conduct that violates section 602 or 603. 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 602 or 603.

“(B) 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 person.”.

“An employee of the Federal Government may not be personally and substantially involved with any award of a contract to, or the administration of a contract awarded to, a contractor that is a former employer of the employee during the 2-year period beginning on the date on which the employee leaves the employment of the contractor.”.

“SEC. 102A. Disclosure of tax returns.

“(a) In general.—If a candidate for election to the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress is a participating candidate under this title with respect to an election for such office, the candidate shall be entitled to payments under this title, to be used only for authorized expenditures in connection with the election.

“(b) Amount of payment.—

“(1) MATCH OF QUALIFIED CONTRIBUTIONS.—Subject to paragraph (2), the amount of a payment made to a participating candidate under this title shall be equal to 600 percent of the amount of qualified contributions received by the candidate since the most recent payment made to the candidate under this title with respect to the election, as set forth—

“(A) in the case of the first payment made to the candidate with respect to the election, in the report filed under section 511(a)(2); and

“(B) in the case of any subsequent payment made to the candidate with respect to the election, in the report of qualified contributions filed under subsection (c).

“(2) LIMITATION.—In determining the amount of qualified contributions received by a candidate for purposes of making a payment under this section, there shall be disregarded any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200.

“(c) Reports.—

“(1) IN GENERAL.—Each participating candidate shall file reports of receipts of qualified contributions at such times and in such manner as the Commission may by regulations prescribe.

“(2) CONTENTS OF REPORTS.—Each report under this subsection shall disclose each qualified contribution received by the candidate since the most recent report filed under this section, and shall state the aggregate amount of all such qualified contributions received since the most recent report filed under this section.

“(3) FREQUENCY OF REPORTS.—Reports under this subsection shall be made no more frequently than—

“(A) once every month until the date that is 90 days before the date of the election;

“(B) once every week after the period described in subparagraph (A) and until the date that is 21 days before the election; and

“(C) once every day after the period described in subparagraph (B).

“(4) LIMITATION ON REGULATIONS.—The Commission may not prescribe any regulations with respect to reporting under this subsection with respect to any election after the date that is 180 days before the date of such election.

“(d) Limit on aggregate amount of payments.—The aggregate amount of payments that may be made under this title to a participating candidate during an election cycle may not exceed—

“(1) $2,000,000, in the case of a candidate for the office of Representative in, or Delegate or Resident Commissioner to, the Congress; or

“(2) $10,000,000, in the case of a candidate for the office of Senator.

“(e) Inflation adjustment.—In each odd-numbered calendar year after 2018—

“(1) each of the dollar amounts under subsections (b)(2), (d)(1), and (d)(2) shall be increased by the percent difference determined under section 315(c)(1)(A) (determined by substituting ‘calendar year 2017’ for ‘the base period’);

“(2) each amount so increased shall remain in effect for the election cycle beginning on the first day following the year in which the amount is increased; and

“(3) if any amount after adjustment under paragraph (1) is—

“(A) in the case of an amount under subsection (b)(2), not a multiple of $10, such amount shall be rounded to the nearest multiple of $10, and

“(B) in the case of an amount under subsection (d), not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000.

“(a) Timing.—The Commission shall make payments under this title to a participating candidate—

“(1) in the case of the first payment made to the candidate with respect to the election, not later than 48 hours after the date on which such candidate is certified as a participating candidate under section 513; and

“(2) in the case of any subsequent payment made to the candidate with respect to the election, not later than 5 business days after the receipt of a report made under section 501(c).

“(b) Method of payment.—The Commission shall distribute funds available to participating candidates under this title through the use of an electronic funds exchange or a debit card.

“(c) Appeals.—The Commission shall provide a written explanation with respect to any denial of any payment under this title and shall provide for the opportunity for review and reconsideration within 5 business days of such denial.

“In this title, the term ‘qualified contribution’ means, with respect to a candidate, a contribution that meets each of the following requirements:

“(1) The contribution is in an amount that is not greater than the limit on the amount of a contribution that may be accepted by a participating candidate from an individual under section 521(a).

“(2) The contribution is made by an individual who is not otherwise prohibited from making a contribution under this Act.

“(3) The contribution is not—

“(A) forwarded from the contributor by any person other than an individual; or

“(B) received by the candidate or an authorized committee of the candidate from a contributor or contributors, but credited by the committee or candidate to another person who is not an individual through records, designations, or other means of recognizing (whether in writing or not in writing) that a certain amount of money has been raised by such person.

“(4) The contribution meets the requirements of section 512(b).

“(a) In general.—A candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress is eligible to be certified as a participating candidate under this title with respect to an election if the candidate meets the following requirements:

“(1) During the election cycle for the office involved, the candidate files with the Commission a statement of intent to seek certification as a participating candidate.

“(2) The candidate meets the qualified contribution requirements of section 512 and submits to the Commission a report disclosing each qualified contribution received by the candidate and stating the aggregate amount of all such qualified contributions received.

“(3) Not later than the last day of the qualifying period, the candidate files with the Commission an affidavit signed by the candidate and the treasurer of the candidate's principal campaign committee declaring that the candidate—

“(A) has complied and, if certified, will comply with the contribution and expenditure requirements of section 521;

“(B) if certified, will run only as a participating candidate for all elections for the office that such candidate is seeking during the election cycle; and

“(C) has either qualified or will take steps to qualify under State law to be on the ballot.

“(b) General election.—Notwithstanding subsection (a), a candidate shall not be eligible to receive a payment under this title for a general election or a general runoff election unless the candidate’s party nominated the candidate to be placed on the ballot for the general election or the candidate is otherwise qualified to be on the ballot under State law.

“(c) Qualifying period defined.—The term ‘qualifying period’ means, with respect to any candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, the 120-day period (during the election cycle for such office) which begins on the date on which the candidate files a statement of intent under section 511(a)(1), except that such period may not continue after the date that is 60 days before—

“(1) the date of the primary election; or

“(2) in the case of a State that does not hold a primary election, the date prescribed by State law as the last day to qualify for a position on the general election ballot.

“(a) Receipt of qualified contributions.—

“(1) IN GENERAL.—A candidate meets the requirements of this section if, during the qualifying period described in section 511(c), the candidate obtains—

“(A) a single qualified contribution from a number of individuals equal to or greater than—

“(i) in the case of a candidate for election the office of Representative in, or Delegate or Resident Commissioner to, the Congress, 400, or

“(ii) in the case of a candidate for the office of Senator, the product of 400 and the number of Congressional districts in the State involved as of the date of the election; and

“(B) a total dollar amount of qualified contributions equal to or greater than—

“(i) in the case of a candidate for election the office of Representative in, or Delegate or Resident Commissioner to, the Congress, $40,000, disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200, or

“(ii) in the case of a candidate for the office of Senator, the product of $40,000 and the number of Congressional districts in the State involved as of the date of the election, disregarding any amount of contributions from any person to the extent that the total of the amounts contributed by such person for the election exceeds $200.

“(2) EXCLUSION OF CONTRIBUTIONS FROM OUT-OF-STATE RESIDENTS.—In determining the number of qualified contributions obtained by a candidate under paragraph (1)(A) and the dollar amount of qualified contributions obtained by a candidate under paragraph (1)(B), there shall be excluded any contributions made by an individual who does not have a primary residence in the State in which such candidate is seeking election.

“(b) Requirements relating to receipt of qualified contribution.—Each qualified contribution—

“(1) may be made by means of a personal check, money order, debit card, credit card, or electronic payment account;

“(2) shall be accompanied by a signed statement containing the contributor’s name and the contributor's address in the State in which the primary residence of the contributor is located; and

“(3) shall be acknowledged by a receipt that is sent to the contributor with a copy kept by the candidate for the Commission and a copy kept by the candidate for the election authorities in the State with respect to which the candidate is seeking election.

“(c) Prohibiting payment on commission basis of individuals collecting qualified contributions.—No person may be paid a commission on a per qualified contribution basis for collecting qualified contributions.

“(a) Deadline and Notification.—

“(1) IN GENERAL.—Not later than 10 days after a candidate files an affidavit under section 511(a)(3), the Commission shall—

“(A) determine whether or not the candidate meets the requirements for certification as a participating candidate;

“(B) if the Commission determines that the candidate meets such requirements, certify the candidate as a participating candidate; and

“(C) notify the candidate of the Commission's determination.

“(2) DEEMED CERTIFICATION FOR ALL ELECTIONS IN ELECTION CYCLE.—If the Commission certifies a candidate as a participating candidate with respect to the first election of the election cycle involved, the Commissioner shall be deemed to have certified the candidate as a participating candidate with respect to all subsequent elections of the election cycle.

“(b) Revocation of certification.—

“(1) IN GENERAL.—The Commission may revoke a certification under subsection (a) if—

“(A) a candidate fails to qualify to appear on the ballot at any time after the date of certification (other than a candidate certified as a participating candidate with respect to a primary election who fails to qualify to appear on the ballot for a subsequent election in that election cycle); or

“(B) a candidate otherwise fails to comply with the requirements of this title, including any regulatory requirements prescribed by the Commission.

“(2) REPAYMENT OF BENEFITS.—If certification is revoked under paragraph (1), the candidate shall repay to the Empowering Citizens Payment Account of the Presidential Election Campaign Fund (established under section 9051 of the Internal Revenue Code of 1986) an amount equal to the value of benefits received under this title with respect to the election cycle involved plus interest (at a rate determined by the Commission) on any such amount received.

“(c) Participating Candidate defined.—In this title, a ‘participating candidate’ means a candidate for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress who is certified under this section as eligible to receive benefits under this title.

“(a) Reduction in otherwise applicable contribution limits.—

“(1) IN GENERAL.—In the case of a candidate who is certified as a participating candidate under this title with respect to an election, each limit applicable under paragraph (1)(A) and paragraph (2)(A) of section 315(a) to the amount of a contribution which may be made to the candidate and any authorized committee of the candidate with respect to the election shall be equal to $1,000 for the election.

“(2) INFLATION ADJUSTMENT.—In each odd-numbered calendar year after 2018—

“(A) the $1,000 amount under paragraph (1) shall be increased by the percent difference determined under section 315(c)(1)(A) (determined by substituting ‘calendar year 2017’ for ‘the base period’);

“(B) the amount so increased shall remain in effect for the election cycle beginning on the first day following the year in which the amount is increased; and

“(C) if any amount after adjustment under subparagraph (A) not a multiple of $100, such amount shall be rounded to the nearest multiple of $100.

“(b) Prohibiting acceptance of contributions bundled by registered lobbyists.—A candidate who is certified as a participating candidate under this title with respect to an election, and any authorized committee of such a candidate, may not accept—

“(1) any contribution with respect to the election which is a bundled contribution (as defined in section 304(i)(8)) forwarded by or credited to a person described in section 304(i)(7); or

“(2) any contribution forwarded by or credited to a multicandidate political committee described in section 315(a)(4) which would be treated as a bundled contribution under section 304(i)(8) if it were forwarded by or credited to a person described in section 304(i)(7).

“(c) Limit on expenditures from personal funds.—A candidate who is certified as a participating candidate under this title may not make expenditures from personal funds (as defined in section 304(a)(6)(B)) in an aggregate amount exceeding $50,000 with respect to any election in the election cycle involved.

“(d) Prohibiting solicitation of funds for political party committees.—A candidate who is certified as a participating candidate under this title may not solicit funds for any political committee of a political party, except that the candidate may solicit funds for a separate account of the committee which is established under section 315(d)(5).

“(a) In general.—Not later than the date that is 60 days after the last election for which a candidate certified as a participating candidate qualifies to be on the ballot during the election cycle involved, such participating candidate shall remit to the Commission for deposit in the Empowering Citizens Payment Account of the Presidential Election Campaign Fund (established under section 9051 of the Internal Revenue Code of 1986) an amount equal to the lesser of—

“(1) the amount of money in the candidate’s campaign account; or

“(2) the amount of the payments received by the candidate under this title.

“(b) Exception for expenditures incurred but not paid as of date of remittance.—

“(1) IN GENERAL.—Subject to subsection (a), a candidate may withhold from the amount required to be remitted under paragraph (1) of such subsection the amount of any authorized expenditures which were incurred in connection with the candidate’s campaign but which remain unpaid as of the deadline applicable to the candidate under such subsection, except that any amount withheld pursuant to this paragraph shall be remitted to the Commission not later than 120 days after the date of the election to which such subsection applies.

“(2) DOCUMENTATION REQUIRED.—A candidate may withhold an amount of an expenditure pursuant to paragraph (1) only if the candidate submits documentation of the expenditure and the amount to the Commission not later than the deadline applicable to the candidate under subsection (a).

“The Commission shall prescribe regulations to carry out the purposes of this title, including regulations to establish procedures for—

“(1) verifying the amount of qualified contributions with respect to a candidate;

“(2) effectively and efficiently monitoring and enforcing the limits on the raising of qualified contributions;

“(3) effectively and efficiently monitoring and enforcing the limits on the use of personal funds by participating candidates; and

“(4) monitoring the use of payments under this title through audits of not fewer than ¹⁄3 of all participating candidates or other mechanisms.

“(a) Civil penalty for violation of contribution and expenditure requirements.—If a candidate who has been certified as a participating candidate accepts a contribution or makes an expenditure that is prohibited under section 521, the Commission shall assess a civil penalty against the candidate in an amount that is not more than 3 times the amount of the contribution or expenditure. Any amounts collected under this subsection shall be deposited into the Empowering Citizens Payment Account of the Presidential Election Campaign Fund (established under section 9051 of the Internal Revenue Code of 1986).

“(b) Repayment for improper use of Empowering Citizens Payment Account.—

“(1) IN GENERAL.—If the Commission determines that any benefit made available to a participating candidate was not used as provided for in this title or that a participating candidate has violated any of the dates for remission of funds contained in this title, the Commission shall so notify the candidate and the candidate shall pay to the Empowering Citizens Payment Account of the Presidential Election Campaign Fund an amount equal to—

“(A) the amount of benefits so used or not remitted, as appropriate; and

“(B) interest on any such amounts (at a rate determined by the Commission).

“(2) OTHER ACTION NOT PRECLUDED.—Any action by the Commission in accordance with this subsection shall not preclude enforcement proceedings by the Commission in accordance with section 309(a), including a referral by the Commission to the Attorney General in the case of an apparent knowing and willful violation of this title.

“In this title, the term ‘election cycle’ means, with respect to an election for the office of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, the period beginning on the day after the date of the most recent general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election) and ending on the date of the next general election for that office (or, if the general election resulted in a runoff election, the date of the runoff election).”.

“SEC. 9051. Payments to Congressional candidates.