II 

118TH CONGRESS 

2D SESSION S. 3844 

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 

FEBRUARY 29, 2024 

Mr. VAN HOLLEN (for himself and Mr. LUJA ́N) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Restoring Integrity 

3 to America’s Elections Act’’. 

4 SEC. 2. MEMBERSHIP OF FEDERAL ELECTION COMMIS5 SION. 

6 (a) REDUCTION IN NUMBER OF MEMBERS; REMOVAL

7 OF SECRETARY OF SENATE AND CLERK OF HOUSE AS

8 EX OFFICIO MEMBERS.— 

9 (1) IN GENERAL; QUORUM.—Section 306(a)(1) 

10 of the Federal Election Campaign Act of 1971 (52 

11 U.S.C. 30106(a)(1)) is amended by striking the sec12 ond and third sentences and inserting the following: 

13 ‘‘The Commission is composed of 5 members ap14 pointed by the President by and with the advice and 

15 consent of the Senate, of whom no more than 2 may 

16 be affiliated with the same political party. A member 

17 shall be treated as affiliated with a political party if 

18 the member was affiliated, including as a registered 

19 voter, employee, consultant, donor, officer, or attor20 ney, with such political party or any of its can21 didates or elected public officials at any time during 

22 the 5-year period ending on the date on which such 

23 individual is nominated to be a member of the Com24 mission. A majority of the number of members of 

25 the Commission who are serving at the time shall 

26 constitute a quorum.’’. 


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1 (2) CONFORMING AMENDMENTS RELATING TO

2 REDUCTION IN NUMBER OF MEMBERS.—(A) Section 

3 306(c) of such Act (52 U.S.C. 30106(c)) is amended 

4 by striking the period at the end of the first sen5 tence and all that follows and inserting the fol6 lowing: ‘‘, except that an affirmative vote of a major7 ity of the members of the Commission who are serv8 ing at the time shall be required in order for the 

9 Commission to take any action in accordance with 

10 paragraph (6), (7), (8), or (9) of section 307(a) or 

11 with chapter 95 or chapter 96 of the Internal Rev12 enue Code of 1986. A member of the Commission 

13 may not delegate to any person his or her vote or 

14 any decision-making authority or duty vested in the 

15 Commission by the provisions of this Act.’’. 

16 (B) Such Act is further amended by striking 

17 ‘‘affirmative vote of 4 of its members’’ and inserting 

18 ‘‘affirmative vote of a majority of the members of 

19 the Commission who are serving at the time’’ each 

20 place it appears in the following sections: 

21 (i) Section 309(a)(2) (52 U.S.C. 

22 30109(a)(2)). 

23 (ii) Section 309(a)(4)(A)(i) (52 U.S.C. 

24 30109(a)(4)(A)(i)). 


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1 (iii) Section 309(a)(5)(C) (52 U.S.C. 

2 30109(a)(5)(C)). 

3 (iv) Section 309(a)(6)(A) (52 U.S.C. 

4 30109(a)(6)(A)). 

5 (v) Section 311(b) (52 U.S.C. 30111(b)). 

6 (3) CONFORMING AMENDMENT RELATING TO

7 REMOVAL OF EX OFFICIO MEMBERS.—Section 

8 306(a) of such Act (52 U.S.C. 30106(a)) is amend9 ed by striking ‘‘(other than the Secretary of the Sen10 ate and the Clerk of the House of Representatives)’’ 

11 each place it appears in paragraphs (4) and (5). 

12 (b) TERMS OF SERVICE.—Section 306(a)(2) of such 

13 Act (52 U.S.C. 30106(a)(2)) is amended to read as fol14 lows: 

15 ‘‘(2) TERMS OF SERVICE.— 

16 ‘‘(A) IN GENERAL.—Each member of the 

17 Commission shall serve for a single term of 6 

18 years. 

19 ‘‘(B) SPECIAL RULE FOR INITIAL APPOINT20 MENTS.—Of the members first appointed to 

21 serve terms that begin in January 2025, the 

22 President shall designate 2 to serve for a 3-year 

23 term. 

24 ‘‘(C) NO REAPPOINTMENT PERMITTED.— 

25 An individual who served a term as a member 


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1 of the Commission may not serve for an addi2 tional term, except that— 

3 ‘‘(i) an individual who served a 3-year 

4 term under subparagraph (B) may also be 

5 appointed to serve a 6-year term under 

6 subparagraph (A); and 

7 ‘‘(ii) for purposes of this subpara8 graph, an individual who is appointed to 

9 fill a vacancy under subparagraph (D) 

10 shall not be considered to have served a 

11 term if the portion of the unexpired term 

12 the individual fills is less than 50 percent 

13 of the period of the term. 

14 ‘‘(D) VACANCIES.—Any vacancy occurring 

15 in the membership of the Commission shall be 

16 filled in the same manner as in the case of the 

17 original appointment. Except as provided in 

18 subparagraph (C), an individual appointed to 

19 fill a vacancy occurring other than by the expi20 ration of a term of office shall be appointed 

21 only for the unexpired term of the member he 

22 or she succeeds. 

23 ‘‘(E) LIMITATION ON SERVICE AFTER EX24 PIRATION OF TERM.—A member of the Com25 mission may continue to serve on the CommisVerDate Sep 11 2014 03:10 Mar 02, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3844.IS S3844

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1 sion after the expiration of the member’s term 

2 for an additional period, but only until the ear3 lier of— 

4 ‘‘(i) the date on which the member’s 

5 successor has taken office as a member of 

6 the Commission; or 

7 ‘‘(ii) the expiration of the 1-year pe8 riod that begins on the last day of the 

9 member’s term.’’. 

10 (c) QUALIFICATIONS.—Section 306(a)(3) of such Act 

11 (52 U.S.C. 30106(a)(3)) is amended to read as follows: 

12 ‘‘(3) QUALIFICATIONS.— 

13 ‘‘(A) IN GENERAL.—The President may 

14 select an individual for service as a member of 

15 the Commission if the individual has experience 

16 in election law and has a demonstrated record 

17 of integrity, impartiality, and good judgment. 

18 ‘‘(B) ASSISTANCE OF BLUE RIBBON ADVI19 SORY PANEL.— 

20 ‘‘(i) IN GENERAL.—Prior to the regu21 larly scheduled expiration of the term of a 

22 member of the Commission and upon the 

23 occurrence of a vacancy in the membership 

24 of the Commission prior to the expiration 

25 of a term, the President shall convene a 


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1 Blue Ribbon Advisory Panel that includes 

2 individuals representing each major polit3 ical party and individuals who are inde4 pendent of a political party and that con5 sists of an odd number of individuals se6 lected by the President from retired Fed7 eral judges, former law enforcement offi8 cials, or individuals with experience in elec9 tion law, except that the President may not 

10 select any individual to serve on the panel 

11 who holds any public office at the time of 

12 selection. The President shall also make 

13 reasonable efforts to encourage racial, eth14 nic, and gender diversity on the panel. 

15 ‘‘(ii) RECOMMENDATIONS.—With re16 spect to each member of the Commission 

17 whose term is expiring or each vacancy in 

18 the membership of the Commission (as the 

19 case may be), the Blue Ribbon Advisory 

20 Panel shall recommend to the President at 

21 least one but not more than 3 individuals 

22 for nomination for appointment as a mem23 ber of the Commission. 

24 ‘‘(iii) PUBLICATION.—At the time the 

25 President submits to the Senate the nomiVerDate Sep 11 2014 03:10 Mar 02, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3844.IS S3844

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1 nations for individuals to be appointed as 

2 members of the Commission, the President 

3 shall publish the Blue Ribbon Advisory 

4 Panel’s recommendations for such nomina5 tions. 

6 ‘‘(iv) EXEMPTION FROM FEDERAL AD7 VISORY COMMITTEE ACT.—The Federal 

8 Advisory Committee Act (5 U.S.C. App.) 

9 does not apply to a Blue Ribbon Advisory 

10 Panel convened under this subparagraph. 

11 ‘‘(C) PROHIBITING ENGAGEMENT WITH

12 OTHER BUSINESS OR EMPLOYMENT DURING

13 SERVICE.—A member of the Commission shall 

14 not engage in any other business, vocation, or 

15 employment. Any individual who is engaging in 

16 any other business, vocation, or employment at 

17 the time of his or her appointment to the Com18 mission shall terminate or liquidate such activ19 ity no later than 90 days after such appoint20 ment.’’. 

21 SEC. 3. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL 

22 ELECTION COMMISSION. 

23 (a) APPOINTMENT OF CHAIR BY PRESIDENT.— 


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1 (1) IN GENERAL.—Section 306(a)(5) of the 

2 Federal Election Campaign Act of 1971 (52 U.S.C. 

3 30106(a)(5)) is amended to read as follows: 

4 ‘‘(5) CHAIR.— 

5 ‘‘(A) INITIAL APPOINTMENT.—Of the 

6 members first appointed to serve terms that 

7 begin in January 2025, one such member (as 

8 designated by the President at the time the 

9 President submits nominations to the Senate) 

10 shall serve as Chair of the Commission. 

11 ‘‘(B) SUBSEQUENT APPOINTMENTS.—Any 

12 individual who is appointed to succeed the 

13 member who serves as Chair of the Commission 

14 for the term beginning in January 2025 (as 

15 well as any individual who is appointed to fill 

16 a vacancy if such member does not serve a full 

17 term as Chair) shall serve as Chair of the Com18 mission. 

19 ‘‘(C) VICE CHAIR.—The Commission shall 

20 select, by majority vote of its members, one of 

21 its members to serve as Vice Chair, who shall 

22 act as Chair in the absence or disability of the 

23 Chair or in the event of a vacancy in the posi24 tion of Chair.’’. 


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1 (2) CONFORMING AMENDMENT.—Section 

2 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is 

3 amended by striking ‘‘through its chairman or vice 

4 chairman’’ and inserting ‘‘through the Chair’’. 

5 (b) POWERS.— 

6 (1) ASSIGNMENT OF CERTAIN POWERS TO

7 CHAIR.—Section 307(a) of such Act (52 U.S.C. 

8 30107(a)) is amended to read as follows: 

9 ‘‘(a) DISTRIBUTION OF POWERS BETWEEN CHAIR

10 AND COMMISSION.— 

11 ‘‘(1) POWERS ASSIGNED TO CHAIR.— 

12 ‘‘(A) ADMINISTRATIVE POWERS.—The 

13 Chair of the Commission shall be the chief ad14 ministrative officer of the Commission and shall 

15 have the authority to administer the Commis16 sion and its staff, and (in consultation with the 

17 other members of the Commission) shall have 

18 the power— 

19 ‘‘(i) to appoint and remove the staff 

20 director of the Commission; 

21 ‘‘(ii) to request the assistance (includ22 ing personnel and facilities) of other agen23 cies and departments of the United States, 

24 whose heads may make such assistance 


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1 available to the Commission with or with2 out reimbursement; and 

3 ‘‘(iii) to prepare and establish the 

4 budget of the Commission and to make 

5 budget requests to the President, the Di6 rector of the Office of Management and 

7 Budget, and Congress. 

8 ‘‘(B) OTHER POWERS.—The Chair of the 

9 Commission shall have the power— 

10 ‘‘(i) to appoint and remove the gen11 eral counsel of the Commission with the 

12 concurrence of at least 2 other members of 

13 the Commission; 

14 ‘‘(ii) to require by special or general 

15 orders, any person to submit, under oath, 

16 such written reports and answers to ques17 tions as the Chair may prescribe; 

18 ‘‘(iii) to administer oaths or affirma19 tions; 

20 ‘‘(iv) to require by subpoena, signed 

21 by the Chair, the attendance and testimony 

22 of witnesses and the production of all doc23 umentary evidence relating to the execu24 tion of its duties; 


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1 ‘‘(v) in any proceeding or investiga2 tion, to order testimony to be taken by 

3 deposition before any person who is des4 ignated by the Chair, and shall have the 

5 power to administer oaths and, in such in6 stances, to compel testimony and the pro7 duction of evidence in the same manner as 

8 authorized under clause (iv); and 

9 ‘‘(vi) to pay witnesses the same fees 

10 and mileage as are paid in like cir11 cumstances in the courts of the United 

12 States. 

13 ‘‘(2) POWERS ASSIGNED TO COMMISSION.—The 

14 Commission shall have the power— 

15 ‘‘(A) to initiate (through civil actions for 

16 injunctive, declaratory, or other appropriate re17 lief), defend (in the case of any civil action 

18 brought under section 309(a)(8) of this Act) or 

19 appeal (including a proceeding before the Su20 preme Court on certiorari) any civil action in 

21 the name of the Commission to enforce the pro22 visions of this Act and chapter 95 and chapter 

23 96 of the Internal Revenue Code of 1986, 

24 through its general counsel; 


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1 ‘‘(B) to render advisory opinions under 

2 section 308 of this Act; 

3 ‘‘(C) to develop such prescribed forms and 

4 to make, amend, and repeal such rules, pursu5 ant to the provisions of chapter 5 of title 5, 

6 United States Code, as are necessary to carry 

7 out the provisions of this Act and chapter 95 

8 and chapter 96 of the Internal Revenue Code of 

9 1986; 

10 ‘‘(D) to conduct investigations and hear11 ings expeditiously, to encourage voluntary com12 pliance, and to report apparent violations to the 

13 appropriate law enforcement authorities; and 

14 ‘‘(E) to transmit to the President and Con15 gress not later than June 1 of each year a re16 port which states in detail the activities of the 

17 Commission in carrying out its duties under 

18 this Act, and which includes any recommenda19 tions for any legislative or other action the 

20 Commission considers appropriate. 

21 ‘‘(3) PERMITTING COMMISSION TO EXERCISE

22 OTHER POWERS OF CHAIR.—With respect to any in23 vestigation, action, or proceeding, the Commission, 

24 by an affirmative vote of a majority of the members 


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1 who are serving at the time, may exercise any of the 

2 powers of the Chair described in paragraph (1)(B).’’. 

3 (2) CONFORMING AMENDMENTS RELATING TO

4 PERSONNEL AUTHORITY.—Section 306(f) of such 

5 Act (52 U.S.C. 30106(f)) is amended— 

6 (A) by amending the first sentence of 

7 paragraph (1) to read as follows: ‘‘The Com8 mission shall have a staff director who shall be 

9 appointed by the Chair of the Commission in 

10 consultation with the other members and a gen11 eral counsel who shall be appointed by the 

12 Chair with the concurrence of at least two other 

13 members.’’; 

14 (B) in paragraph (2), by striking ‘‘With 

15 the approval of the Commission’’ and inserting 

16 ‘‘With the approval of the Chair of the Commis17 sion’’; and 

18 (C) by striking paragraph (3). 

19 (3) CONFORMING AMENDMENT RELATING TO

20 BUDGET SUBMISSION.—Section 307(d)(1) of such 

21 Act (52 U.S.C. 30107(d)(1)) is amended by striking 

22 ‘‘the Commission submits any budget’’ and inserting 

23 ‘‘the Chair (or, pursuant to subsection (a)(3), the 

24 Commission) submits any budget’’. 


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1 (4) OTHER CONFORMING AMENDMENTS.—Sec2 tion 306(c) of such Act (52 U.S.C. 30106(c)) is 

3 amended by striking ‘‘All decisions’’ and inserting 

4 ‘‘Subject to section 307(a), all decisions’’. 

5 (5) TECHNICAL AMENDMENT.—The heading of 

6 section 307 of such Act (52 U.S.C. 30107) is 

7 amended by striking ‘‘THE COMMISSION’’ and insert8 ing ‘‘THE CHAIR AND THE COMMISSION’’. 

9 SEC. 4. REVISION TO ENFORCEMENT PROCESS. 

10 (a) STANDARD FOR INITIATING INVESTIGATIONS AND

11 DETERMINING WHETHER VIOLATIONS HAVE OC12 CURRED.— 

13 (1) REVISION OF STANDARDS.—Section 309(a) 

14 of the Federal Election Campaign Act of 1971 (52 

15 U.S.C. 30109(a)) is amended by striking paragraphs 

16 (2) and (3) and inserting the following: 

17 ‘‘(2)(A) The general counsel, upon receiving a com18 plaint filed with the Commission under paragraph (1) or 

19 upon the basis of information ascertained by the Commis20 sion in the normal course of carrying out its supervisory 

21 responsibilities, shall make a determination as to whether 

22 or not there is reason to believe that a person has com23 mitted, or is about to commit, a violation of this Act or 

24 chapter 95 or chapter 96 of the Internal Revenue Code 

25 of 1986, and as to whether or not the Commission should 


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1 either initiate an investigation of the matter or that the 

2 complaint should be dismissed. The general counsel shall 

3 promptly provide notification to the Commission of such 

4 determination and the reasons therefore, together with 

5 any written response submitted under paragraph (1) by 

6 the person alleged to have committed the violation. Upon 

7 the expiration of the 30-day period which begins on the 

8 date the general counsel provides such notification, the 

9 general counsel’s determination shall take effect, unless 

10 during such 30-day period the Commission, by vote of a 

11 majority of the members of the Commission who are serv12 ing at the time, overrules the general counsel’s determina13 tion. If the determination by the general counsel that the 

14 Commission should investigate the matter takes effect, or 

15 if the determination by the general counsel that the com16 plaint should be dismissed is overruled as provided under 

17 the previous sentence, the general counsel shall initiate an 

18 investigation of the matter on behalf of the Commission. 

19 ‘‘(B) If the Commission initiates an investigation 

20 pursuant to subparagraph (A), the Commission, through 

21 the Chair, shall notify the subject of the investigation of 

22 the alleged violation. Such notification shall set forth the 

23 factual basis for such alleged violation. The Commission 

24 shall make an investigation of such alleged violation, which 

25 may include a field investigation or audit, in accordance 


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1 with the provisions of this section. The general counsel 

2 shall provide notification to the Commission of any intent 

3 to issue a subpoena or conduct any other form of discovery 

4 pursuant to the investigation. Upon the expiration of the 

5 15-day period which begins on the date the general counsel 

6 provides such notification, the general counsel may issue 

7 the subpoena or conduct the discovery, unless during such 

8 15-day period the Commission, by vote of a majority of 

9 the members of the Commission who are serving at the 

10 time, prohibits the general counsel from issuing the sub11 poena or conducting the discovery. 

12 ‘‘(3)(A) Upon completion of an investigation under 

13 paragraph (2), the general counsel shall promptly submit 

14 to the Commission the general counsel’s recommendation 

15 that the Commission find either that there is probable 

16 cause or that there is not probable cause to believe that 

17 a person has committed, or is about to commit, a violation 

18 of this Act or chapter 95 or chapter 96 of the Internal 

19 Revenue Code of 1986, and shall include with the rec20 ommendation a brief stating the position of the general 

21 counsel on the legal and factual issues of the case. 

22 ‘‘(B) At the time the general counsel submits to the 

23 Commission the recommendation under subparagraph (A), 

24 the general counsel shall simultaneously notify the re25 spondent of such recommendation and the reasons thereVerDate Sep 11 2014 03:10 Mar 02, 2024 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3844.IS S3844

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1 fore, shall provide the respondent with an opportunity to 

2 submit a brief within 30 days stating the position of the 

3 respondent on the legal and factual issues of the case and 

4 replying to the brief of the general counsel. The general 

5 counsel and shall promptly submit such brief to the Com6 mission upon receipt. 

7 ‘‘(C) Not later than 30 days after the general counsel 

8 submits the recommendation to the Commission under 

9 subparagraph (A) (or, if the respondent submits a brief 

10 under subparagraph (B), not later than 30 days after the 

11 general counsel submits the respondent’s brief to the Com12 mission under such subparagraph), the Commission shall 

13 approve or disapprove the recommendation by vote of a 

14 majority of the members of the Commission who are serv15 ing at the time.’’. 

16 (2) CONFORMING AMENDMENT RELATING TO

17 INITIAL RESPONSE TO FILING OF COMPLAINT.—Sec18 tion 309(a)(1) of such Act (52 U.S.C. 30109(a)(1)) 

19 is amended— 

20 (A) in the third sentence, by striking ‘‘the 

21 Commission’’ and inserting ‘‘the general coun22 sel’’; and 

23 (B) by amending the fourth sentence to 

24 read as follows: ‘‘Not later than 15 days after 

25 receiving notice from the general counsel under 


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1 the previous sentence, the person may provide 

2 the general counsel with a written response that 

3 no action should be taken against such person 

4 on the basis of the complaint.’’. 

5 (b) REVISION OF STANDARD FOR REVIEW OF DIS6 MISSAL OF COMPLAINTS.— 

7 (1) IN GENERAL.—Section 309(a)(8) of such 

8 Act (52 U.S.C. 30109(a)(8)) is amended to read as 

9 follows: 

10 ‘‘(8)(A)(i) Any party aggrieved by an order of the 

11 Commission dismissing a complaint filed by such party 

12 after finding either no reason to believe a violation has 

13 occurred or no probable cause a violation has occurred 

14 may file a petition with the United States District Court 

15 for the District of Columbia. Any petition under this sub16 paragraph shall be filed within 60 days after the date on 

17 which the party received notice of the dismissal of the 

18 complaint. 

19 ‘‘(ii) In any proceeding under this subparagraph, the 

20 court shall determine by de novo review whether the agen21 cy’s dismissal of the complaint is contrary to law. In any 

22 matter in which the penalty for the alleged violation is 

23 greater than $50,000, the court should disregard any 

24 claim or defense by the Commission of prosecutorial dis25 cretion as a basis for dismissing the complaint. 


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1 ‘‘(B)(i) Any party who has filed a complaint with the 

2 Commission and who is aggrieved by a failure of the Com3 mission, within one year after the filing of the complaint, 

4 to either dismiss the complaint or to find reason to believe 

5 a violation has occurred or is about to occur, may file a 

6 petition with the United States District Court for the Dis7 trict of Columbia. 

8 ‘‘(ii) In any proceeding under this subparagraph, the 

9 court shall treat the failure to act on the complaint as 

10 a dismissal of the complaint, and shall determine by de 

11 novo review whether the agency’s failure to act on the 

12 complaint is contrary to law. 

13 ‘‘(C) In any proceeding under this paragraph the 

14 court may declare that the dismissal of the complaint or 

15 the failure to act is contrary to law, and may direct the 

16 Commission to conform with such declaration within 30 

17 days, failing which the complainant may bring, in the 

18 name of such complainant, a civil action to remedy the 

19 violation involved in the original complaint.’’. 

20 (2) EFFECTIVE DATE.—The amendments made 

21 by paragraph (1) shall apply— 

22 (A) in the case of complaints which are 

23 dismissed by the Federal Election Commission, 

24 with respect to complaints which are dismissed 


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1 on or after the date of the enactment of this 

2 Act; and 

3 (B) in the case of complaints upon which 

4 the Federal Election Commission failed to act, 

5 with respect to complaints which were filed on 

6 or after the date of the enactment of this Act. 

7 SEC. 5. PERMITTING APPEARANCE AT HEARINGS ON RE8 QUESTS FOR ADVISORY OPINIONS BY PER9 SONS OPPOSING THE REQUESTS. 

10 (a) IN GENERAL.—Section 308 of such Act (52 

11 U.S.C. 30108) is amended by adding at the end the fol12 lowing new subsection: 

13 ‘‘(e) To the extent that the Commission provides an 

14 opportunity for a person requesting an advisory opinion 

15 under this section (or counsel for such person) to appear 

16 before the Commission to present testimony in support of 

17 the request, and the person (or counsel) accepts such op18 portunity, the Commission shall provide a reasonable op19 portunity for an interested party who submitted written 

20 comments under subsection (d) in response to the request 

21 (or counsel for such interested party) to appear before the 

22 Commission to present testimony in response to the re23 quest.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 subsection (a) shall apply with respect to requests for adviVerDate Sep 11 2014 03:10 Mar 02, 2024 Jkt 049200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\S3844.IS S3844

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1 sory opinions under section 308 of the Federal Election 

2 Campaign Act of 1971 which are made on or after the 

3 date of the enactment of this Act. 

4 SEC. 6. PERMANENT EXTENSION OF ADMINISTRATIVE PEN5 ALTY AUTHORITY. 

6 Section 309(a)(4)(C)(v) of the Federal Election Cam7 paign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is 

8 amended by striking ‘‘, and that end on or before Decem9 ber 31, 2033’’. 

10 SEC. 7. RESTRICTIONS ON EX PARTE COMMUNICATIONS. 

11 Section 306(e) of the Federal Election Campaign Act 

12 of 1971 (52 U.S.C. 30106(e)) is amended— 

13 (1) by striking ‘‘(e) The Commission’’ and in14 serting ‘‘(e)(1) The Commission’’; and 

15 (2) by adding at the end the following new 

16 paragraph: 

17 ‘‘(2) Members and employees of the Commission shall 

18 be subject to limitations on ex parte communications, as 

19 provided in the regulations promulgated by the Commis20 sion regarding such communications which are in effect 

21 on the date of the enactment of this paragraph.’’. 

22 SEC. 8. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO 

23 REPRESENT FEC IN SUPREME COURT. 

24 (a) CLARIFYING AUTHORITY.—Section 306(f)(4) of 

25 the Federal Election Campaign Act of 1971 (52 U.S.C. 


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1 30106(f)(4)) is amended by striking ‘‘any action instituted 

2 under this Act, either (A) by attorneys’’ and inserting 

3 ‘‘any action instituted under this Act, including an action 

4 before the Supreme Court of the United States, either (A) 

5 by the General Counsel of the Commission and other at6 torneys’’. 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall apply with respect to actions instituted 

9 before, on, or after the date of the enactment of this Act. 

10 SEC. 9. REQUIRING FORMS TO PERMIT USE OF ACCENT 

11 MARKS. 

12 (a) REQUIREMENT.—Section 311(a)(1) of the Fed13 eral Election Campaign Act of 1971 (52 U.S.C. 

14 30111(a)(1)) is amended by striking the semicolon at the 

15 end and inserting the following: ‘‘, and shall ensure that 

16 all such forms (including forms in an electronic format) 

17 permit the person using the form to include an accent 

18 mark as part of the person’s identification;’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall take effect upon the expiration of the 

21 90-day period which begins on the date of the enactment 

22 of this Act. 


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24 

•S 3844 IS

1 SEC. 10. EFFECTIVE DATE; TRANSITION. 

2 (a) IN GENERAL.—Except as otherwise provided, the 

3 amendments made by this Act shall apply beginning Janu4 ary 1, 2025. 

5 (b) TRANSITION.— 

6 (1) TERMINATION OF SERVICE OF CURRENT

7 MEMBERS.—Notwithstanding any provision of the 

8 Federal Election Campaign Act of 1971, the term of 

9 any individual serving as a member of the Federal 

10 Election Commission as of December 31, 2024, shall 

11 expire on that date. 

12 (2) NO EFFECT ON EXISTING CASES OR PRO13 CEEDINGS.—Nothing in this Act or in any amend14 ment made by this Act shall affect any of the powers 

15 exercised by the Federal Election Commission prior 

16 to December 31, 2024, including any investigation 

17 initiated by the Commission prior to such date or 

18 any proceeding (including any enforcement action) 

19 pending as of such date. 

Æ 


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