II 

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. 

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

3 SECTION 1. SHORT TITLE. 

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

5 to America’s Elections Act’’. 


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1 SEC. 2. MEMBERSHIP OF FEDERAL ELECTION COMMIS2 SION. 

3 (a) REDUCTION IN NUMBER OF MEMBERS; REMOVAL

4 OF SECRETARY OF SENATE AND CLERK OF HOUSE AS

5 EX OFFICIO MEMBERS.— 

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

7 of the Federal Election Campaign Act of 1971 (52 

8 U.S.C. 30106(a)(1)) is amended by striking the sec9 ond and third sentences and inserting the following: 

10 ‘‘The Commission is composed of 5 members ap11 pointed by the President by and with the advice and 

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

13 be affiliated with the same political party. A major14 ity of the number of members of the Commission 

15 who are serving at the time shall constitute a 

16 quorum, except that 3 members shall constitute a 

17 quorum if there are 4 members serving at the 

18 time.’’. 

19 (2) CONFORMING AMENDMENTS RELATING TO

20 REDUCTION IN NUMBER OF MEMBERS.—(A) The 

21 second sentence of section 306(c) of such Act (52 

22 U.S.C. 30106(c)) is amended by striking ‘‘affirma23 tive vote of 4 members of the Commission’’ and in24 serting ‘‘affirmative vote of a majority of the mem25 bers of the Commission who are serving at the 

26 time’’. 


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1 (B) Such Act is further amended by striking 

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

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

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

5 place it appears in the following sections: 

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

7 30109(a)(2)). 

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

9 30109(a)(4)(A)(i)). 

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

11 30109(a)(5)(C)). 

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

13 30109(a)(6)(A)). 

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

15 (3) CONFORMING AMENDMENT RELATING TO

16 REMOVAL OF EX OFFICIO MEMBERS.—Section 

17 306(a) of such Act (52 U.S.C. 30106(a)) is amend18 ed by striking ‘‘(other than the Secretary of the Sen19 ate and the Clerk of the House of Representatives)’’ 

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

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

22 Act (52 U.S.C. 30106(a)(2)) is amended to read as fol23 lows: 

24 ‘‘(2) TERMS OF SERVICE.— 


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1 ‘‘(A) CHAIR.—The Chair of the Commis2 sion shall serve for a single term of 10 years. 

3 ‘‘(B) OTHER MEMBERS.—Each member of 

4 the Commission other than the Chair shall 

5 serve for a single term of 6 years. 

6 ‘‘(C) SPECIAL RULE FOR INITIAL APPOINT7 MENTS.—Of the members (other than the 

8 Chair) first appointed to serve terms that begin 

9 in January 2020, the President shall designate 

10 two to serve for a 3-year term. 

11 ‘‘(D) NO REAPPOINTMENT PERMITTED.— 

12 An individual who served a term as a Member 

13 of the Commission (including the Chair) may 

14 not serve for an additional term, except that— 

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

16 term under subparagraph (C) may also be 

17 appointed to serve a 6-year term under 

18 subparagraph (B) or a 10-year term as 

19 Chair under subparagraph (A); and 

20 ‘‘(ii) for purposes of this subpara21 graph, an individual who is appointed to 

22 fill a vacancy under subparagraph (E) 

23 shall not be considered to have served a 

24 term if the portion of the unexpired term 


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1 the individual fills is less than 50 percent 

2 of the period of the term. 

3 ‘‘(E) VACANCIES.—Any vacancy occurring 

4 in the membership of the Commission shall be 

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

6 original appointment. Except as provided in 

7 subparagraph (D), an individual appointed to 

8 fill a vacancy occurring other than by the expi9 ration of a term of office shall be appointed 

10 only for the unexpired term of the member he 

11 or she succeeds. 

12 ‘‘(F) LIMITATION ON SERVICE AFTER EX13 PIRATION OF TERM.—A member of the Com14 mission may continue to serve on the Commis15 sion after the expiration of the member’s term 

16 for an additional period, but only until the ear17 lier of— 

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

19 successor has taken office as a member of 

20 the Commission; or 

21 ‘‘(ii) the expiration of the 1-year pe22 riod that begins on the last day of the 

23 member’s term.’’. 

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

25 (52 U.S.C. 30106(a)(3)) is amended to read as follows: 


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1 ‘‘(3) QUALIFICATIONS.— 

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

3 select an individual for service as a Member of 

4 the Commission if the individual has experience 

5 in election law and has a demonstrated record 

6 of integrity, impartiality, and good judgment. 

7 ‘‘(B) ASSISTANCE OF BLUE RIBBON ADVI8 SORY PANEL.— 

9 ‘‘(i) IN GENERAL.—Prior to the regu10 larly scheduled expiration of the term of a 

11 member of the Commission and upon the 

12 occurrence of a vacancy in the membership 

13 of the Commission prior to the expiration 

14 of a term, the President shall convene a 

15 Blue Ribbon Advisory Panel, consisting of 

16 an odd number of individuals selected by 

17 the President from retired Federal judges, 

18 former law enforcement officials, or indi19 viduals with experience in election law, ex20 cept that the President may not select any 

21 individual to serve on the panel who holds 

22 any public office at the time of selection. 

23 ‘‘(ii) RECOMMENDATIONS.—With re24 spect to each member of the Commission 

25 whose term is expiring or each vacancy in 


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1 the membership of the Commission (as the 

2 case may be), the Blue Ribbon Advisory 

3 Panel shall recommend to the President at 

4 least one but not more than 3 individuals 

5 for nomination for appointment as a mem6 ber of the Commission. 

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

8 President submits to the Senate the nomi9 nations for individuals to be appointed as 

10 members of the Commission, the President 

11 shall publish the Blue Ribbon Advisory 

12 Panel’s recommendations for such nomina13 tions. 

14 ‘‘(iv) EXEMPTION FROM FEDERAL AD15 VISORY COMMITTEE ACT.—The Federal 

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

17 does not apply to a Blue Ribbon Advisory 

18 Panel convened under this subparagraph. 

19 ‘‘(C) PROHIBITING ENGAGEMENT WITH

20 OTHER BUSINESS OR EMPLOYMENT DURING

21 SERVICE.—A member of the Commission shall 

22 not engage in any other business, vocation, or 

23 employment. Any individual who is engaging in 

24 any other business, vocation, or employment at 

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1 mission shall terminate or liquidate such activ2 ity no later than 90 days after such appoint3 ment.’’. 

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

5 ELECTION COMMISSION. 

6 (a) APPOINTMENT OF CHAIR BY PRESIDENT.— 

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

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

9 30106(a)(5)) is amended to read as follows: 

10 ‘‘(5) CHAIR.— 

11 ‘‘(A) INITIAL APPOINTMENT.—Of the 

12 members first appointed to serve terms that 

13 begin in January 2020, one such member (as 

14 designated by the President at the time the 

15 President submits nominations to the Senate) 

16 shall serve as Chair of the Commission. 

17 ‘‘(B) SUBSEQUENT APPOINTMENTS.—Any 

18 individual who is appointed to succeed the 

19 Member who serves as Chair of the Commission 

20 for the term beginning in January 2020 (as 

21 well as any individual who is appointed to fill 

22 a vacancy if such Member does not serve a full 

23 term as Chair) shall serve as Chair of the Com24 mission. 


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

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

3 its members to serve as Vice Chair, who shall 

4 act as Chair in the absence or disability of the 

5 Chair or in the event of a vacancy in the posi6 tion of Chair.’’. 

7 (2) CONFORMING AMENDMENT.—Section 

8 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is 

9 amended by striking ‘‘through its chairman or vice 

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

11 (b) POWERS.— 

12 (1) ASSIGNMENT OF CERTAIN POWERS TO

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

14 30107(a)) is amended to read as follows: 

15 ‘‘(a) DISTRIBUTION OF POWERS BETWEEN CHAIR

16 AND COMMISSION.— 

17 ‘‘(1) POWERS ASSIGNED TO CHAIR.— 

18 ‘‘(A) ADMINISTRATIVE POWERS.—The 

19 Chair of the Commission shall be the chief ad20 ministrative officer of the Commission and shall 

21 have the authority to administer the Commis22 sion and its staff, and (in consultation with the 

23 other members of the Commission) shall have 

24 the power— 


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

2 director and general counsel of the Com3 mission; 

4 ‘‘(ii) to request the assistance (includ5 ing personnel and facilities) of other agen6 cies and departments of the United States, 

7 whose heads may make such assistance 

8 available to the Commission with or with9 out reimbursement; and 

10 ‘‘(iii) to prepare and establish the 

11 budget of the Commission and to make 

12 budget requests to the President, the Di13 rector of the Office of Management and 

14 Budget, and Congress. 

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

16 Commission shall have the power— 

17 ‘‘(i) to require by special or general 

18 orders, any person to submit, under oath, 

19 such written reports and answers to ques20 tions as the Chair may prescribe; 

21 ‘‘(ii) to administer oaths or affirma22 tions; 

23 ‘‘(iii) to require by subpoena, signed 

24 by the Chair, the attendance and testimony 

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1 umentary evidence relating to the execu2 tion of its duties; 

3 ‘‘(iv) in any proceeding or investiga4 tion, to order testimony to be taken by 

5 deposition before any person who is des6 ignated by the Chair, and shall have the 

7 power to administer oaths and, in such in8 stances, to compel testimony and the pro9 duction of evidence in the same manner as 

10 authorized under clause (iii); and 

11 ‘‘(v) to pay witnesses the same fees 

12 and mileage as are paid in like cir13 cumstances in the courts of the United 

14 States. 

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

16 Commission shall have the power— 

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

18 injunctive, declaratory, or other appropriate re19 lief), defend (in the case of any civil action 

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

21 appeal any civil action in the name of the Com22 mission to enforce the provisions of this Act 

23 and chapter 95 and chapter 96 of the Internal 

24 Revenue Code of 1954, through its general 

25 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 and a general 

9 counsel who shall be appointed by the Chair of 

10 the Commission in consultation with the other 

11 members.’’; 

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

13 the approval of the Commission’’ and inserting 

14 ‘‘With the approval of the Chair of the Commis15 sion’’; and 

16 (C) by striking paragraph (3). 

17 (3) CONFORMING AMENDMENT RELATING TO

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

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

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

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

22 Commission) submits any budget’’. 

23 (4) OTHER CONFORMING AMENDMENTS.—Sec24 tion 306(c) of such Act (52 U.S.C. 30106(c)) is 


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

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

3 (5) TECHNICAL AMENDMENT.—The heading of 

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

5 amended by striking ‘‘THE COMMISSION’’ and insert6 ing ‘‘THE CHAIR AND THE COMMISSION’’. 

7 SEC. 4. REVISION TO CERTAIN ENFORCEMENT AUTHORI8 TIES. 

9 (a) CLARIFYING AUTHORITY OF FEC ATTORNEYS

10 TO REPRESENT FEC IN SUPREME COURT.— 

11 (1) CLARIFYING AUTHORITY.—Section 

12 306(f)(4) of the Federal Election Campaign Act of 

13 1971 (52 U.S.C. 30106(f)(4)) is amended by strik14 ing ‘‘any action instituted under this Act, either (A) 

15 by attorneys’’ and inserting ‘‘any action instituted 

16 under this Act, including an action before the Su17 preme Court of the United States, either (A) by the 

18 General Counsel of the Commission and other attor19 neys’’. 

20 (2) EFFECTIVE DATE.—The amendment made 

21 by paragraph (1) shall apply with respect to actions 

22 instituted before, on, or after the date of the enact23 ment of this Act. 


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1 (b) PERMITTING APPEARANCE AT HEARINGS ON RE2 QUESTS FOR ADVISORY OPINIONS BY PERSONS OPPOSING

3 THE REQUESTS.— 

4 (1) IN GENERAL.—Section 308 of such Act (52 

5 U.S.C. 30108) is amended by adding at the end the 

6 following new subsection: 

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

8 opportunity for a person requesting an advisory opinion 

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

10 before the Commission to present testimony in support of 

11 the request, and the person (or counsel) accepts such op12 portunity, the Commission shall provide a reasonable op13 portunity for an interested party who submitted written 

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

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

16 Commission to present testimony in response to the re17 quest.’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by paragraph (1) shall apply with respect to requests 

20 for advisory opinions under section 308 of the Fed21 eral Election Campaign Act of 1971 which are made 

22 on or after the date of the enactment of this Act. 

23 (c) CLARIFICATION OF DEADLINE FOR FILING AC24 TION TO CHALLENGE DISMISSAL OF COMPLAINT.— 


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1 (1) DEADLINE.—Section 309(a)(8)(B) of such 

2 Act (52 U.S.C. 30109(a)(8)(B)) is amended by 

3 striking ‘‘within 60 days after the date of the dis4 missal’’ and inserting ‘‘within 60 days after the date 

5 on which the party received notice of the dismissal 

6 of the complaint’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) shall apply with respect to com9 plaints which are dismissed by the Federal Election 

10 Commission on or after the date of the enactment 

11 of this Act. 

12 SEC. 5. EFFECTIVE DATE; TRANSITION. 

13 (a) IN GENERAL.—Except as provided in section 4, 

14 the amendments made by this Act shall apply beginning 

15 January 1, 2020. 

16 (b) TRANSITION.— 

17 (1) TERMINATION OF SERVICE OF CURRENT

18 MEMBERS.—Notwithstanding any provision of the 

19 Federal Election Campaign Act of 1971, the term of 

20 any individual serving as a member of the Federal 

21 Election Commission as of December 31, 2019, shall 

22 expire on that date. 

23 (2) NO EFFECT ON EXISTING CASES OR PRO24 CEEDINGS.—Nothing in this Act or in any amend25 ment made by this Act shall affect any of the powers 


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1 exercised by the Federal Election Commission prior 

2 to December 31, 2019, including any investigation 

3 initiated by the Commission prior to such date or 

4 any proceeding (including any enforcement action) 

5 pending as of such date. 

Æ 


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