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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 416 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                 S. 416

              To restore integrity to America's Elections.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           February 24, 2021

  Mr. Van Hollen (for himself and Mr. Lujan) introduced the following 
 bill; which was read twice and referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                                 A BILL

 
              To restore integrity to America's Elections.

    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 member shall be treated as 
        affiliated with a political party if the member was affiliated, 
        including as a registered voter, employee, consultant, donor, 
        officer, or attorney, with such political party or any of its 
        candidates or elected public officials at any time during the 
        5-year period ending on the date on which such individual is 
        nominated to be a member of the Commission. 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) In general.--Each member of the Commission 
                shall serve for a single term of 6 years.
                    ``(B) Special rule for initial appointments.--Of 
                the members first appointed to serve terms that begin 
                in January 2022, the President shall designate 2 to 
                serve for a 3-year term.
                    ``(C) No reappointment permitted.--An individual 
                who served a term as a member of the Commission may not 
                serve for an additional term, except that--
                            ``(i) an individual who served a 3-year 
                        term under subparagraph (B) may also be 
                        appointed to serve a 6-year term under 
                        subparagraph (A); and
                            ``(ii) for purposes of this subparagraph, 
                        an individual who is appointed to fill a 
                        vacancy under subparagraph (D) 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.
                    ``(D) 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 (C), 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.
                    ``(E) 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, that includes individuals representing 
                        each major political party and individuals who 
                        are independent of a political party and that 
                        consists 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. The 
                        President shall also make reasonable efforts to 
                        encourage racial, ethnic, and gender diversity 
                        on the panel.
                            ``(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 2022, 
                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 
                2022 (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 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 appoint and remove the general 
                        counsel of the Commission with the concurrence 
                        of at least 2 other members of the Commission;
                            ``(ii) 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;
                            ``(iii) to administer oaths or 
                        affirmations;
                            ``(iv) 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;
                            ``(v) 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 (iv); 
                        and
                            ``(vi) 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 (including a 
                proceeding before the Supreme Court on certiorari) 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 1986, 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 who shall be appointed by the Chair of the 
                Commission in consultation with the other members and a 
                general counsel who shall be appointed by the Chair 
                with the concurrence of at least two 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 ENFORCEMENT PROCESS.

    (a) Standard for Initiating Investigations and Determining Whether 
Violations Have Occurred.--
            (1) Revision of standards.--Section 309(a) of the Federal 
        Election Campaign Act of 1971 (52 U.S.C. 30109(a)) is amended 
        by striking paragraphs (2) and (3) and inserting the following:
    ``(2)(A) The general counsel, upon receiving a complaint filed with 
the Commission under paragraph (1) or upon the basis of information 
ascertained by the Commission in the normal course of carrying out its 
supervisory responsibilities, shall make a determination as to whether 
or not there is reason to believe that a person has committed, or is 
about to commit, a violation of this Act or chapter 95 or chapter 96 of 
the Internal Revenue Code of 1986, and as to whether or not the 
Commission should either initiate an investigation of the matter or 
that the complaint should be dismissed. The general counsel shall 
promptly provide notification to the Commission of such determination 
and the reasons therefore, together with any written response submitted 
under paragraph (1) by the person alleged to have committed the 
violation. Upon the expiration of the 30-day period which begins on the 
date the general counsel provides such notification, the general 
counsel's determination shall take effect, unless during such 30-day 
period the Commission, by vote of a majority of the members of the 
Commission who are serving at the time, overrules the general counsel's 
determination. If the determination by the general counsel that the 
Commission should investigate the matter takes effect, or if the 
determination by the general counsel that the complaint should be 
dismissed is overruled as provided under the previous sentence, the 
general counsel shall initiate an investigation of the matter on behalf 
of the Commission.
    ``(B) If the Commission initiates an investigation pursuant to 
subparagraph (A), the Commission, through the Chair, shall notify the 
subject of the investigation of the alleged violation. Such 
notification shall set forth the factual basis for such alleged 
violation. The Commission shall make an investigation of such alleged 
violation, which may include a field investigation or audit, in 
accordance with the provisions of this section. The general counsel 
shall provide notification to the Commission of any intent to issue a 
subpoena or conduct any other form of discovery pursuant to the 
investigation. Upon the expiration of the 15-day period which begins on 
the date the general counsel provides such notification, the general 
counsel may issue the subpoena or conduct the discovery, unless during 
such 15-day period the Commission, by vote of a majority of the members 
of the Commission who are serving at the time, prohibits the general 
counsel from issuing the subpoena or conducting the discovery.
    ``(3)(A) Upon completion of an investigation under paragraph (2), 
the general counsel shall promptly submit to the Commission the general 
counsel's recommendation that the Commission find either that there is 
probable cause or that there is not probable cause to believe that a 
person has committed, or is about to commit, a violation of this Act or 
chapter 95 or chapter 96 of the Internal Revenue Code of 1986, and 
shall include with the recommendation a brief stating the position of 
the general counsel on the legal and factual issues of the case.
    ``(B) At the time the general counsel submits to the Commission the 
recommendation under subparagraph (A), the general counsel shall 
simultaneously notify the respondent of such recommendation and the 
reasons therefore, shall provide the respondent with an opportunity to 
submit a brief within 30 days stating the position of the respondent on 
the legal and factual issues of the case and replying to the brief of 
the general counsel. The general counsel shall promptly submit such 
brief to the Commission upon receipt.
    ``(C) Not later than 30 days after the general counsel submits the 
recommendation to the Commission under subparagraph (A) (or, if the 
respondent submits a brief under subparagraph (B), not later than 30 
days after the general counsel submits the respondent's brief to the 
Commission under such subparagraph), the Commission shall approve or 
disapprove the recommendation by vote of a majority of the members of 
the Commission who are serving at the time.''.
            (2) Conforming amendment relating to initial response to 
        filing of complaint.--Section 309(a)(1) of such Act (52 U.S.C. 
        30109(a)(1)) is amended--
                    (A) in the third sentence, by striking ``the 
                Commission'' and inserting ``the general counsel''; and
                    (B) by amending the fourth sentence to read as 
                follows: ``Not later than 15 days after receiving 
                notice from the general counsel under the previous 
                sentence, the person may provide the general counsel 
                with a written response that no action should be taken 
                against such person on the basis of the complaint.''.
    (b) Revision of Standard for Review of Dismissal of Complaints.--
            (1) In general.--Section 309(a)(8) of such Act (52 U.S.C. 
        30109(a)(8)) is amended to read as follows:
    ``(8)(A)(i) Any party aggrieved by an order of the Commission 
dismissing a complaint filed by such party after finding either no 
reason to believe a violation has occurred or no probable cause a 
violation has occurred may file a petition with the United States 
District Court for the District of Columbia. Any petition under this 
subparagraph shall be filed within 60 days after the date on which the 
party received notice of the dismissal of the complaint.
    ``(ii) In any proceeding under this subparagraph, the court shall 
determine by de novo review whether the agency's dismissal of the 
complaint is contrary to law. In any matter in which the penalty for 
the alleged violation is greater than $50,000, the court should 
disregard any claim or defense by the Commission of prosecutorial 
discretion as a basis for dismissing the complaint.
    ``(B)(i) Any party who has filed a complaint with the Commission 
and who is aggrieved by a failure of the Commission, within one year 
after the filing of the complaint, to either dismiss the complaint or 
to find reason to believe a violation has occurred or is about to 
occur, may file a petition with the United States District Court for 
the District of Columbia.
    ``(ii) In any proceeding under this subparagraph, the court shall 
treat the failure to act on the complaint as a dismissal of the 
complaint, and shall determine by de novo review whether the agency's 
failure to act on the complaint is contrary to law.
    ``(C) In any proceeding under this paragraph the court may declare 
that the dismissal of the complaint or the failure to act is contrary 
to law, and may direct the Commission to conform with such declaration 
within 30 days, failing which the complainant may bring, in the name of 
such complainant, a civil action to remedy the violation involved in 
the original complaint.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply--
                    (A) in the case of complaints which are dismissed 
                by the Federal Election Commission, with respect to 
                complaints which are dismissed on or after the date of 
                the enactment of this Act; and
                    (B) in the case of complaints upon which the 
                Federal Election Commission failed to act, with respect 
                to complaints which were filed on or after the date of 
                the enactment of this Act.

SEC. 5. PERMITTING APPEARANCE AT HEARINGS ON REQUESTS FOR ADVISORY 
              OPINIONS BY PERSONS OPPOSING THE REQUESTS.

    (a) 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.''.
    (b) Effective Date.--The amendment made by subsection (a) 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.

SEC. 6. PERMANENT EXTENSION OF ADMINISTRATIVE PENALTY AUTHORITY.

    (a) Extension of Authority.--Section 309(a)(4)(C)(v) of the Federal 
Election Campaign Act of 1971 (52 U.S.C. 30109(a)(4)(C)(v)) is amended 
by striking ``, and that end on or before December 31, 2023''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on December 31, 2021.

SEC. 7. REQUIRING FORMS TO PERMIT USE OF ACCENT MARKS.

    (a) Requirement.--Section 311(a)(1) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30111(a)(1)) is amended by striking the 
semicolon at the end and inserting the following: ``, and shall ensure 
that all such forms (including forms in an electronic format) permit 
the person using the form to include an accent mark as part of the 
person's identification;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect upon the expiration of the 90-day period which begins on 
the date of the enactment of this Act.

SEC. 8. RESTRICTIONS ON EX PARTE COMMUNICATIONS.

    Section 306(e) of the Federal Election Campaign Act of 1971 (52 
U.S.C. 30106(e)) is amended--
            (1) by striking ``(e) The Commission'' and inserting 
        ``(e)(1) The Commission''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Members and employees of the Commission shall be subject to 
limitations on ex parte communications, as provided in the regulations 
promulgated by the Commission regarding such communications which are 
in effect on the date of the enactment of this paragraph.''.

SEC. 9. CLARIFYING AUTHORITY OF FEC ATTORNEYS TO REPRESENT FEC IN 
              SUPREME COURT.

    (a) 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''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to actions instituted before, on, or after the date 
of the enactment of this Act.

SEC. 10. EFFECTIVE DATE; TRANSITION.

    (a) In General.--Except as otherwise provided, the amendments made 
by this Act shall apply beginning January 1, 2022.
    (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, 2021, 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, 2021, 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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