I 

115TH CONGRESS 

1ST SESSION H. R. 2034 

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 HOUSE OF REPRESENTATIVES 

APRIL 6, 2017 

Mr. KILMER (for himself, Mr. RENACCI, Miss RICE of New York, Mr. 

AMODEI, Mr. PETERS, Mr. BUCSHON, Mr. JONES, Mr. POLIS, Mr. 

BARLETTA, Mrs. MURPHY of Florida, Mr. BUCK, and Mr. SARBANES) introduced the following bill; which was referred to the Committee on 

House 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 major17 ity of the number of members of the Commission 

18 who are serving at the time shall constitute a 

19 quorum, except that 3 members shall constitute a 

20 quorum if there are 4 members serving at the 

21 time.’’. 

22 (2) CONFORMING AMENDMENTS RELATING TO

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

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

25 U.S.C. 30106(c)) is amended by striking ‘‘affirma26 tive vote of 4 members of the Commission’’ and inVerDate Sep 11 2014 01:58 Apr 14, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2034.IH H2034

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1 serting ‘‘affirmative vote of a majority of the mem2 bers of the Commission who are serving at the 

3 time’’. 

4 (B) Such Act is further amended by striking 

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

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

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

8 place it appears in the following sections: 

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

10 30109(a)(2)). 

11 (ii) Section 309(a)(4)(A)(I) (52 U.S.C. 

12 30109(a)(4)(A)(I)). 

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

14 30109(a)(5)(C)). 

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

16 30109(a)(6)(A)). 

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

18 (3) CONFORMING AMENDMENT RELATING TO

19 REMOVAL OF EX OFFICIO MEMBERS.—Section 

20 306(a) of such Act (52 U.S.C. 30106(a)) is amend21 ed by striking ‘‘(other than the Secretary of the Sen22 ate and the Clerk of the House of Representatives)’’ 

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


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

2 Act (52 U.S.C. 30106(a)(2)) is amended to read as fol3 lows: 

4 ‘‘(2) TERMS OF SERVICE.— 

5 ‘‘(A) CHAIR.—The Chair of the Commis6 sion shall serve for a single term of 10 years. 

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

8 the Commission other than the Chair shall 

9 serve for a single term of 6 years. 

10 ‘‘(C) SPECIAL RULE FOR INITIAL APPOINT11 MENTS.—Of the members (other than the 

12 Chair) first appointed to serve terms that begin 

13 in January 2020, the President shall designate 

14 two to serve for a 3-year term. 

15 ‘‘(D) NO REAPPOINTMENT PERMITTED.— 

16 An individual who served a term as a Member 

17 of the Commission (including the Chair) may 

18 not serve for an additional term, except that— 

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

20 term under subparagraph (C) may also be 

21 appointed to serve a 6-year term under 

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

23 Chair under subparagraph (A); and 

24 ‘‘(ii) for purposes of this subpara25 graph, an individual who is appointed to 


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1 fill a vacancy under subparagraph (E) 

2 shall not be considered to have served a 

3 term if the portion of the unexpired term 

4 the individual fills is less than 50 percent 

5 of the period of the term. 

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

7 in the membership of the Commission shall be 

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

9 original appointment. Except as provided in 

10 subparagraph (D), an individual appointed to 

11 fill a vacancy occurring other than by the expi12 ration of a term of office shall be appointed 

13 only for the unexpired term of the member he 

14 or she succeeds. 

15 ‘‘(F) LIMITATION ON SERVICE AFTER EX16 PIRATION OF TERM.—A member of the Com17 mission may continue to serve on the Commis18 sion after the expiration of the member’s term 

19 for an additional period, but only until the ear20 lier of— 

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

22 successor has taken office as a member of 

23 the Commission; or 


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1 ‘‘(ii) the expiration of the 1-year pe2 riod that begins on the last day of the 

3 member’s term.’’. 

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

5 (52 U.S.C. 30106(a)(3)) is amended to read as follows: 

6 ‘‘(3) QUALIFICATIONS.— 

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

8 select an individual for service as a Member of 

9 the Commission if the individual has experience 

10 in election law and has a demonstrated record 

11 of integrity, impartiality, and good judgment. 

12 ‘‘(B) ASSISTANCE OF BLUE RIBBON ADVI13 SORY PANEL.— 

14 ‘‘(i) IN GENERAL.—Prior to the regu15 larly scheduled expiration of the term of a 

16 member of the Commission and upon the 

17 occurrence of a vacancy in the membership 

18 of the Commission prior to the expiration 

19 of a term, the President shall convene a 

20 Blue Ribbon Advisory Panel, consisting of 

21 an odd number of individuals selected by 

22 the President from retired Federal judges, 

23 former law enforcement officials, or indi24 viduals with experience in election law, ex25 cept that the President may not select any 


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1 individual to serve on the panel who holds 

2 any public office at the time of selection. 

3 ‘‘(ii) RECOMMENDATIONS.—With re4 spect to each member of the Commission 

5 whose term is expiring or each vacancy in 

6 the membership of the Commission (as the 

7 case may be), the Blue Ribbon Advisory 

8 Panel shall recommend to the President at 

9 least one but not more than 3 individuals 

10 for nomination for appointment as a mem11 ber of the Commission. 

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

13 President submits to the Senate the nomi14 nations for individuals to be appointed as 

15 members of the Commission, the President 

16 shall publish the Blue Ribbon Advisory 

17 Panel’s recommendations for such nomina18 tions. 

19 ‘‘(iv) EXEMPTION FROM FEDERAL AD20 VISORY COMMITTEE ACT.—The Federal 

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

22 does not apply to a Blue Ribbon Advisory 

23 Panel convened under this subparagraph. 

24 ‘‘(C) PROHIBITING ENGAGEMENT WITH

25 OTHER BUSINESS OR EMPLOYMENT DURING


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1 SERVICE.—A member of the Commission shall 

2 not engage in any other business, vocation, or 

3 employment. Any individual who is engaging in 

4 any other business, vocation, or employment at 

5 the time of his or her appointment to the Com6 mission shall terminate or liquidate such activ7 ity no later than 90 days after such appoint8 ment.’’. 

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

10 ELECTION COMMISSION. 

11 (a) APPOINTMENT OF CHAIR BY PRESIDENT.— 

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

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

14 30106(a)(5)) is amended to read as follows: 

15 ‘‘(5) CHAIR.— 

16 ‘‘(A) INITIAL APPOINTMENT.—Of the 

17 members first appointed to serve terms that 

18 begin in January 2020, one such member (as 

19 designated by the President at the time the 

20 President submits nominations to the Senate) 

21 shall serve as Chair of the Commission. 

22 ‘‘(B) SUBSEQUENT APPOINTMENTS.—Any 

23 individual who is appointed to succeed the 

24 Member who serves as Chair of the Commission 

25 for the term beginning in January 2020 (as 


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1 well as any individual who is appointed to fill 

2 a vacancy if such Member does not serve a full 

3 term as Chair) shall serve as Chair of the Com4 mission. 

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

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

7 its members to serve as Vice Chair, who shall 

8 act as Chair in the absence or disability of the 

9 Chair or in the event of a vacancy in the posi10 tion of Chair.’’. 

11 (2) CONFORMING AMENDMENT.—Section 

12 309(a)(2) of such Act (52 U.S.C. 30109(a)(2)) is 

13 amended by striking ‘‘through its chairman or vice 

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

15 (b) POWERS.— 

16 (1) ASSIGNMENT OF CERTAIN POWERS TO

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

18 30107(a)) is amended to read as follows: 

19 ‘‘(a) DISTRIBUTION OF POWERS BETWEEN CHAIR

20 AND COMMISSION.— 

21 ‘‘(1) POWERS ASSIGNED TO CHAIR.— 

22 ‘‘(A) ADMINISTRATIVE POWERS.—The 

23 Chair of the Commission shall be the chief ad24 ministrative officer of the Commission and shall 

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1 sion and its staff, and (in consultation with the 

2 other members of the Commission) shall have 

3 the power— 

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

5 director and general counsel of the Com6 mission; 

7 ‘‘(ii) to request the assistance (includ8 ing personnel and facilities) of other agen9 cies and departments of the United States, 

10 whose heads may make such assistance 

11 available to the Commission with or with12 out reimbursement; and 

13 ‘‘(iii) to prepare and establish the 

14 budget of the Commission and to make 

15 budget requests to the President, the Di16 rector of the Office of Management and 

17 Budget, and Congress. 

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

19 Commission shall have the power— 

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

21 orders, any person to submit, under oath, 

22 such written reports and answers to ques23 tions as the Chair may prescribe; 

24 ‘‘(ii) to administer oaths or affirma25 tions; 


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

2 by the Chair, the attendance and testimony 

3 of witnesses and the production of all doc4 umentary evidence relating to the execu5 tion of its duties; 

6 ‘‘(iv) in any proceeding or investiga7 tion, to order testimony to be taken by 

8 deposition before any person who is des9 ignated by the Chair, and shall have the 

10 power to administer oaths and, in such in11 stances, to compel testimony and the pro12 duction of evidence in the same manner as 

13 authorized under clause (iii); and 

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

15 and mileage as are paid in like cir16 cumstances in the courts of the United 

17 States. 

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

19 Commission shall have the power— 

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

21 injunctive, declaratory, or other appropriate re22 lief), defend (in the case of any civil action 

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

24 appeal any civil action in the name of the Com25 mission to enforce the provisions of this Act 


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1 and chapter 95 and chapter 96 of the Internal 

2 Revenue Code of 1954, through its general 

3 counsel; 

4 ‘‘(B) to render advisory opinions under 

5 section 308 of this Act; 

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

7 to make, amend, and repeal such rules, pursu8 ant to the provisions of chapter 5 of title 5, 

9 United States Code, as are necessary to carry 

10 out the provisions of this Act and chapter 95 

11 and chapter 96 of the Internal Revenue Code of 

12 1986; 

13 ‘‘(D) to conduct investigations and hear14 ings expeditiously, to encourage voluntary com15 pliance, and to report apparent violations to the 

16 appropriate law enforcement authorities; and 

17 ‘‘(E) to transmit to the President and Con18 gress not later than June 1 of each year a re19 port which states in detail the activities of the 

20 Commission in carrying out its duties under 

21 this Act, and which includes any recommenda22 tions for any legislative or other action the 

23 Commission considers appropriate. 

24 ‘‘(3) PERMITTING COMMISSION TO EXERCISE

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1 vestigation, action, or proceeding, the Commission, 

2 by an affirmative vote of a majority of the members 

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

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

5 (2) CONFORMING AMENDMENTS RELATING TO

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

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

8 (A) by amending the first sentence of 

9 paragraph (1) to read as follows: ‘‘The Com10 mission shall have a staff director and a general 

11 counsel who shall be appointed by the Chair of 

12 the Commission in consultation with the 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 CERTAIN ENFORCEMENT AUTHORI10 TIES. 

11 (a) CLARIFYING AUTHORITY OF FEC ATTORNEYS

12 TO REPRESENT FEC IN SUPREME COURT.— 

13 (1) CLARIFYING AUTHORITY.—Section 

14 306(f)(4) of the Federal Election Campaign Act of 

15 1971 (52 U.S.C. 30106(f)(4)) is amended by strik16 ing ‘‘any action instituted under this Act, either (A) 

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

18 under this Act, including an action before the Su19 preme Court of the United States, either (A) by the 

20 General Counsel of the Commission and other attor21 neys’’. 

22 (2) EFFECTIVE DATE.—The amendment made 

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

24 instituted before, on, or after the date of the enact25 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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