[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1683 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 1683

To amend the Federal Election Campaign Act of 1971 to reduce the number 
 of members of the Federal Election Commission from 6 to 5, to revise 
    the method of selection and terms of service of members of the 
  Commission, to distribute the powers of the Commission between the 
        Chair and the remaining members, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 1, 2017

 Mr. Donnelly introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Election Campaign Act of 1971 to reduce the number 
 of members of the Federal Election Commission from 6 to 5, to revise 
    the method of selection and terms of service of members of the 
  Commission, to distribute the powers of the Commission between the 
        Chair and the remaining members, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Restoring Integrity to America's 
Elections Act''.

SEC. 2. MEMBERSHIP OF FEDERAL ELECTION COMMISSION.

    (a) Reduction in Number of Members; Removal of Secretary of Senate 
and Clerk of House as Ex Officio Members.--
            (1) In general; quorum.--Section 306(a)(1) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30106(a)(1)) is 
        amended by striking the second and third sentences and 
        inserting the following: ``The Commission is composed of 5 
        members appointed by the President by and with the advice and 
        consent of the Senate, of whom no more than 2 may be affiliated 
        with the same political party. A majority of the number of 
        members of the Commission who are serving at the time shall 
        constitute a quorum, except that 3 members shall constitute a 
        quorum if there are 4 members serving at the time.''.
            (2) Conforming amendments relating to reduction in number 
        of members.--(A) The second sentence of section 306(c) of such 
        Act (52 U.S.C. 30106(c)) is amended by striking ``affirmative 
        vote of 4 members of the Commission'' and inserting 
        ``affirmative vote of a majority of the members of the 
        Commission who are serving at the time''.
            (B) Such Act is further amended by striking ``affirmative 
        vote of 4 of its members'' and inserting ``affirmative vote of 
        a majority of the members of the Commission who are serving at 
        the time'' each place it appears in the following sections:
                    (i) Section 309(a)(2) (52 U.S.C. 30109(a)(2)).
                    (ii) Section 309(a)(4)(A)(i) (52 U.S.C. 
                30109(a)(4)(A)(i)).
                    (iii) Section 309(a)(5)(C) (52 U.S.C. 
                30109(a)(5)(C)).
                    (iv) Section 309(a)(6)(A) (52 U.S.C. 
                30109(a)(6)(A)).
                    (v) Section 311(b) (52 U.S.C. 30111(b)).
            (3) Conforming amendment relating to removal of ex officio 
        members.--Section 306(a) of such Act (52 U.S.C. 30106(a)) is 
        amended by striking ``(other than the Secretary of the Senate 
        and the Clerk of the House of Representatives)'' each place it 
        appears in paragraphs (4) and (5).
    (b) Terms of Service.--Section 306(a)(2) of such Act (52 U.S.C. 
30106(a)(2)) is amended to read as follows:
            ``(2) Terms of service.--
                    ``(A) Chair.--The Chair of the Commission shall 
                serve for a single term of 10 years.
                    ``(B) Other members.--Each member of the Commission 
                other than the Chair shall serve for a single term of 6 
                years.
                    ``(C) Special rule for initial appointments.--Of 
                the members (other than the Chair) first appointed to 
                serve terms that begin in January 2020, the President 
                shall designate two to serve for a 3-year term.
                    ``(D) No reappointment permitted.--An individual 
                who served a term as a Member of the Commission 
                (including the Chair) may not serve for an additional 
                term, except that--
                            ``(i) an individual who served a 3-year 
                        term under subparagraph (C) may also be 
                        appointed to serve a 6-year term under 
                        subparagraph (B) or a 10-year term as Chair 
                        under subparagraph (A); and
                            ``(ii) for purposes of this subparagraph, 
                        an individual who is appointed to fill a 
                        vacancy under subparagraph (E) shall not be 
                        considered to have served a term if the portion 
                        of the unexpired term the individual fills is 
                        less than 50 percent of the period of the term.
                    ``(E) Vacancies.--Any vacancy occurring in the 
                membership of the Commission shall be filled in the 
                same manner as in the case of the original appointment. 
                Except as provided in subparagraph (D), an individual 
                appointed to fill a vacancy occurring other than by the 
                expiration of a term of office shall be appointed only 
                for the unexpired term of the member he or she 
                succeeds.
                    ``(F) Limitation on service after expiration of 
                term.--A member of the Commission may continue to serve 
                on the Commission after the expiration of the member's 
                term for an additional period, but only until the 
                earlier of--
                            ``(i) the date on which the member's 
                        successor has taken office as a member of the 
                        Commission; or
                            ``(ii) the expiration of the 1-year period 
                        that begins on the last day of the member's 
                        term.''.
    (c) Qualifications.--Section 306(a)(3) of such Act (52 U.S.C. 
30106(a)(3)) is amended to read as follows:
            ``(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, consisting 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.) does not apply to a Blue 
                        Ribbon Advisory Panel convened under this 
                        subparagraph.
                    ``(C) 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 no later than 90 days after 
                such appointment.''.

SEC. 3. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL ELECTION COMMISSION.

    (a) Appointment of Chair by President.--
            (1) In general.--Section 306(a)(5) of the Federal Election 
        Campaign Act of 1971 (52 U.S.C. 30106(a)(5)) is amended to read 
        as follows:
            ``(5) Chair.--
                    ``(A) Initial appointment.--Of the members first 
                appointed to serve terms that begin in January 2020, 
                one such member (as designated by the President at the 
                time the President submits nominations to the Senate) 
                shall serve as Chair of the Commission.
                    ``(B) Subsequent appointments.--Any individual who 
                is appointed to succeed the Member who serves as Chair 
                of the Commission for the term beginning in January 
                2020 (as well as any individual who is appointed to 
                fill a vacancy if such Member does not serve a full 
                term as Chair) shall serve as Chair of the Commission.
                    ``(C) Vice chair.--The Commission shall select, by 
                majority vote of its members, one of its members to 
                serve as Vice Chair, who shall act as Chair in the 
                absence or disability of the Chair or in the event of a 
                vacancy in the position of Chair.''.
            (2) Conforming amendment.--Section 309(a)(2) of such Act 
        (52 U.S.C. 30109(a)(2)) is amended by striking ``through its 
        chairman or vice chairman'' and inserting ``through the 
        Chair''.
    (b) Powers.--
            (1) Assignment of certain powers to chair.--Section 307(a) 
        of such Act (52 U.S.C. 30107(a)) is amended to read as follows:
    ``(a) Distribution of Powers Between Chair and Commission.--
            ``(1) Powers assigned to chair.--
                    ``(A) Administrative powers.--The Chair of the 
                Commission shall be the chief administrative officer of 
                the Commission and shall have the authority to 
                administer the Commission and its staff, and (in 
                consultation with the other members of the Commission) 
                shall have the power--
                            ``(i) to appoint and remove the staff 
                        director and general counsel of the Commission;
                            ``(ii) to request the assistance (including 
                        personnel and facilities) of other agencies and 
                        departments of the United States, whose heads 
                        may make such assistance available to the 
                        Commission with or without reimbursement; and
                            ``(iii) to prepare and establish the budget 
                        of the Commission and to make budget requests 
                        to the President, the Director of the Office of 
                        Management and Budget, and Congress.
                    ``(B) Other powers.--The Chair of the Commission 
                shall have the power--
                            ``(i) 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;
                            ``(ii) to administer oaths or affirmations;
                            ``(iii) to require by subpoena, signed by 
                        the Chair, the attendance and testimony of 
                        witnesses and the production of all documentary 
                        evidence relating to the execution of its 
                        duties;
                            ``(iv) in any proceeding or investigation, 
                        to order testimony to be taken by deposition 
                        before any person who is designated by the 
                        Chair, and shall have the power to administer 
                        oaths and, in such instances, to compel 
                        testimony and the production of evidence in the 
                        same manner as authorized under clause (iii); 
                        and
                            ``(v) to pay witnesses the same fees and 
                        mileage as are paid in like circumstances in 
                        the courts of the United States.
            ``(2) Powers assigned to commission.--The Commission shall 
        have the power--
                    ``(A) to initiate (through civil actions for 
                injunctive, declaratory, or other appropriate relief), 
                defend (in the case of any civil action brought under 
                section 309(a)(8) of this Act) or appeal any civil 
                action in the name of the Commission to enforce the 
                provisions of this Act and chapter 95 and chapter 96 of 
                the Internal Revenue Code of 1954, through its general 
                counsel;
                    ``(B) to render advisory opinions under section 308 
                of this Act;
                    ``(C) to develop such prescribed forms and to make, 
                amend, and repeal such rules, pursuant to the 
                provisions of chapter 5 of title 5, United States Code, 
                as are necessary to carry out the provisions of this 
                Act and chapter 95 and chapter 96 of the Internal 
                Revenue Code of 1986;
                    ``(D) to conduct investigations and hearings 
                expeditiously, to encourage voluntary compliance, and 
                to report apparent violations to the appropriate law 
                enforcement authorities; and
                    ``(E) to transmit to the President and Congress not 
                later than June 1 of each year a report which states in 
                detail the activities of the Commission in carrying out 
                its duties under this Act, and which includes any 
                recommendations for any legislative or other action the 
                Commission considers appropriate.
            ``(3) Permitting commission to exercise other powers of 
        chair.--With respect to any investigation, action, or 
        proceeding, the Commission, by an affirmative vote of a 
        majority of the members who are serving at the time, may 
        exercise any of the powers of the Chair described in paragraph 
        (1)(B).''.
            (2) Conforming amendments relating to personnel 
        authority.--Section 306(f) of such Act (52 U.S.C. 30106(f)) is 
        amended--
                    (A) by amending the first sentence of paragraph (1) 
                to read as follows: ``The Commission shall have a staff 
                director and a general counsel who shall be appointed 
                by the Chair of the Commission in consultation with the 
                other members.'';
                    (B) in paragraph (2), by striking ``With the 
                approval of the Commission'' and inserting ``With the 
                approval of the Chair of the Commission''; and
                    (C) by striking paragraph (3).
            (3) Conforming amendment relating to budget submission.--
        Section 307(d)(1) of such Act (52 U.S.C. 30107(d)(1)) is 
        amended by striking ``the Commission submits any budget'' and 
        inserting ``the Chair (or, pursuant to subsection (a)(3), the 
        Commission) submits any budget''.
            (4) Other conforming amendments.--Section 306(c) of such 
        Act (52 U.S.C. 30106(c)) is amended by striking ``All 
        decisions'' and inserting ``Subject to section 307(a), all 
        decisions''.
            (5) Technical amendment.--The heading of section 307 of 
        such Act (52 U.S.C. 30107) is amended by striking ``the 
        commission'' and inserting ``the chair and the commission''.

SEC. 4. REVISION TO CERTAIN ENFORCEMENT AUTHORITIES.

    (a) Clarifying Authority of FEC Attorneys To Represent FEC in 
Supreme Court.--
            (1) Clarifying authority.--Section 306(f)(4) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30106(f)(4)) is 
        amended by striking ``any action instituted under this Act, 
        either (A) by attorneys'' and inserting ``any action instituted 
        under this Act, including an action before the Supreme Court of 
        the United States, either (A) by the General Counsel of the 
        Commission and other attorneys''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to actions instituted before, on, or 
        after the date of the enactment of this Act.
    (b) Permitting Appearance at Hearings on Requests for Advisory 
Opinions by Persons Opposing the Requests.--
            (1) In general.--Section 308 of such Act (52 U.S.C. 30108) 
        is amended by adding at the end the following new subsection:
    ``(e) 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 subsection (d) 
in response to the request (or counsel for such interested party) to 
appear before the Commission to present testimony in response to the 
request.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to requests for advisory opinions 
        under section 308 of the Federal Election Campaign Act of 1971 
        which are made on or after the date of the enactment of this 
        Act.
    (c) Clarification of Deadline for Filing Action To Challenge 
Dismissal of Complaint.--
            (1) Deadline.--Section 309(a)(8)(B) of such Act (52 U.S.C. 
        30109(a)(8)(B)) is amended by striking ``within 60 days after 
        the date of the dismissal'' and inserting ``within 60 days 
        after the date on which the party received notice of the 
        dismissal of the complaint''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to complaints which are dismissed by 
        the Federal Election Commission on or after the date of the 
        enactment of this Act.

SEC. 5. EFFECTIVE DATE; TRANSITION.

    (a) In General.--Except as provided in section 4, the amendments 
made by this Act shall apply beginning January 1, 2020.
    (b) Transition.--
            (1) Termination of service of current members.--
        Notwithstanding any provision of the Federal Election Campaign 
        Act of 1971, the term of any individual serving as a member of 
        the Federal Election Commission as of December 31, 2019, shall 
        expire on that date.
            (2) No effect on existing cases or proceedings.--Nothing in 
        this Act or in any amendment made by this Act shall affect any 
        of the powers exercised by the Federal Election Commission 
        prior to December 31, 2019, including any investigation 
        initiated by the Commission prior to such date or any 
        proceeding (including any enforcement action) pending as of 
        such date.
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