Principal Differences Between Proposed Federal Election AdministrationAnd Current Federal Election Commission

1.Composition of the AgencyCurrent:

 The Federal Election Commission (FEC) is composed of six Commissioners,no more than three of whom can come from one political party. This has resulted, as a practical matter, in an FEC composed of three Democrats and three Republicans. TheCommissioners are appointed by the resident with the ad!ice and consent of the "enate.The position of FEC Chairman rotates on an annual basis amon# the six Commissionersand does not ha!e the authority to mana#e the a#ency.

Proposed:

 The Federal Election $dministration (FE$) will consist of a Chairman andfour additional members, all of whom are appointed by the resident with the ad!ice andconsent of the "enate. The Chairman will ser!e a term of ten years and will ha!e broad powers to mana#e and administer the a#ency, includin# the power to hire the staff director and #eneral counsel, and to set the bud#et for the a#ency. The four other members will each ser!e sta##ered six year terms. %o more than two members of thea#ency can be from the same political party.

2. se of Administrati!e "aw #udgesCurrent:

 $ll decisions on enforcement matters are made by a ma&ority !ote of the sixcommissioners. The FEC does not ma'e use of administrati!e law &ud#es.

Proposed:

 Enforcement proceedin#s for !iolations of campai#n finance laws will beconducted before impartial administrati!e law &ud#es, similar to other a#encies (such asthe "ecurities and Exchan#e Commission, the En!ironmental rotection $#ency and the %ational abor Relations oard). $n administrati!e law &ud#e ($*) will conduct an enforcement proceedin# after thefi!e+member FE$, by ma&ority !ote, ma'es an initial determination to pursue anenforcement action. The FE$ #eneral counsel will represent the FE$ in enforcement proceedin#s. The $* will ha!e the authority to ma'e findin#s of fact and reachconclusions of law. The #eneral counsel and any respondent will ha!e the ri#ht to appealan $* decision to the fi!e+member FE$. The decision of the FE$ re#ardin# such anappeal will constitute final a#ency action and be sub&ect to &udicial re!iew.

$.PowersCurrent:

 The FEC, unli'e a number of other a#encies, has no power to find that!iolations of law ha!e occurred or to impose penalties or other sanctions. $fter conductin# an in!esti#ation and reachin# a conclusion that probable cause- exists to belie!e a !iolation has occurred, the FEC can resol!e the matter only by reachin# a