The Federal Election Administration ActIntroduced by Senator Tom Udall

Structure of the FEA

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The Federal Election Administration Act (Act) creates a new independent agency, the Federal Election Administration (FEA), to replace the Federal Election Commission (FEC). The five-member FEA will consist of a chairman and for other members, all of whom are to be appointed by the !resident, with the advice and consent of the "enate. The Act provides that individals who are or have been members of the FEC sb#ect to a term limit are not eligible to be appointed to the new agency.

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The FEA chairman will serve a term of ten years and will have broad powers to manage and administer the agency. The for other members will serve staggered si$ year terms.  %o more than two members of the agency can be from the same political party. &embers of the FEA are not eligible for reappointment (nless originally appointed to fill a vacancy for less than half of an ne$pired term) and may be removed from office by the !resident only for inefficiency, neglect of dty or malfeasance in office.

Enforcement Functions

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Enforcement actions will be initiated by a ma#ority vote of the five-member FEA, based on either information available to the FEA or on a complaint filed by any person. !rior to initiating an enforcement action, the FEA is re'ired to give any person nder investigation notice and the opportnity to mae the case that there are no reasonable gronds to believe a violation has occrred or is abot to occr.

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nce an enforcement action is initiated by the FEA, the case will be heard by an administrative law #dge (A*+). The FEA general consel will represent the agency in sch a proceeding. The A*+ will have the athority to mae findings of fact and reach conclsions of law. The A*+ also will have the athority to find that violations of law have occrred, and to impose civil penalties and isse cease and desist orders, sb#ect to an appeal to the FEA.

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The general consel and any respondent in an enforcement proceeding will have the rightto appeal a decision made by an A*+ to the five-member FEA. The decision of the FEA regarding sch an appeal will constitte final agency action and be sb#ect to #dicial review. f a decision by an A*+ is not appealed it will constitte final agency action.

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A party aggrieved by a decision of the FEA in an enforcement proceeding will have the right to obtain #dicial review in federal cort. A complainant may see #dicial review infederal cort of the dismissal of a complaint or the failre to act on a complaint by the FEA.

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The FEA will have the athority to apply to a federal district cort for a temporary restraining order or preliminary in#nction to prevent violations of law that wold reslt in sbstantial harm to the pblic interest.

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A ma#ority vote of the five-member FEA will be re'ired for the FEA to initiate enforcement actions before an A*+, find that campaign finance violations have occrred, impose penalties and sanctions, apply for restraining orders and in#nctions, and isse reglations and advisory opinions.

Other Functions

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The FEA will have the responsibilities, previosly held by the FEC, to administer the campaign finance disclosre laws and the presidential pblic financing system, and to isse reglations and advisory opinions. The FEA also will have the athority to condct a limited nmber of random adits of campaign committees.

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The bdget of the FEA will be established by Congress based on a bdget re'est  prepared by the FEA chairman and sbmitted directly to Congress. The A will condct periodic stdies of the fnding for FEA and sbmit recommendations to Congress on the level of fnding necessary to provide ade'ate resorces for the FEA to flfill its stattory responsibilities.

Legislative History

A sbstantially similar bill has been introdced several times in previos congresses by "enators &cCain and Feingold.

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 Congress, Feingold-&cCain, ". /01

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2

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 Congress, &cCain-Feingold, ". 031

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24

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 Congress, &cCain-Feingold, ". 56/2

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21

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 Congress, &cCain-Feingold, ". 511

Support

The bill is spported by the Campaign *egal Center, Common Case, 7emocracy 8, sse ne, !eople for the American 9ay, !blic Citi:en, ;ootstriers and <.". !;.

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