392 
amendment to any person or circumstance, shall not be af-
fected by the holding. 
TITLE VI—CAMPAIGN FINANCE 
OVERSIGHT 
Subtitle A—Restoring Integrity to America’s Elections 
Sec. 6001. Short title. 
Sec. 6002. Membership of Federal Election Commission. 
Sec. 6003. Assignment of powers to Chair of Federal Election Commission. 
Sec. 6004. Revision to enforcement process. 
Sec. 6005. Permitting appearance at hearings on requests for advisory opinions 
by persons opposing the requests. 
Sec. 6006. Permanent extension of administrative penalty authority. 
Sec. 6007. Restrictions on ex parte communications. 
Sec. 6008. Effective date; transition. 
Subtitle B—Stopping Super PAC-Candidate Coordination 
Sec. 6101. Short title. 
Sec. 6102. Clarification of treatment of coordinated expenditures as contributions 
to candidates. 
Sec. 6103. Clarification of ban on fundraising for super PACs by Federal can-
didates and officeholders. 
Subtitle C—Severability 
Sec. 6201. Severability. 
Subtitle A—Restoring Integrity to 
America’s Elections 
SEC. 6001. SHORT TITLE. 
This subtitle may be cited as the ‘‘Restoring Integrity 
to America’s Elections Act’’. 
SEC. 6002. MEMBERSHIP OF FEDERAL ELECTION COMMIS-
SION. 
(a) REDUCTION IN NUMBER OF MEMBERS; REMOVAL 
OF SECRETARY OF SENATE AND CLERK OF HOUSE AS EX 
OFFICIO MEMBERS.— 
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(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 sec-
ond and third sentences and inserting the following: 
‘‘The Commission is composed of 5 members ap-
pointed 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 by treated as affiliated with a political party if 
the member was affiliated, including as a registered 
voter, employee, consultant, donor, officer, or attor-
ney, with such political party or any of its can-
didates 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 Com-
mission. A majority of the number of members of the 
Commission who are serving at the time shall con-
stitute a quorum, except that 3 members shall con-
stitute a quorum if there are 4 members serving at the 
time.’’. 
(2) CONFORMING AMENDMENTS RELATING TO RE-
DUCTION 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 ‘‘affirm-
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394 
ative vote of a majority of the members of the Com-
mission who are serving at the time’’. 
(B) Such Act is further amended by striking ‘‘af-
firmative vote of 4 of its members’’ and inserting ‘‘af-
firmative 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 RE-
MOVAL 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 ap-
pears 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.— 
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‘‘(A) IN
GENERAL.—Each member of the 
Commission shall serve for a single term of 6 
years. 
‘‘(B) SPECIAL RULE FOR INITIAL APPOINT-
MENTS.—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 sub-
paragraph (A); and 
‘‘(ii) for purposes of this subpara-
graph, 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 
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396 
original appointment. Except as provided in 
subparagraph (C), an individual appointed to 
fill a vacancy occurring other than by the expi-
ration 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 EXPI-
RATION OF TERM.—A member of the Commission 
may continue to serve on the Commission after 
the expiration of the member’s term for an addi-
tional 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 pe-
riod that begins on the last day of the mem-
ber’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 se-
lect 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. 
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397 
‘‘(B) ASSISTANCE OF BLUE RIBBON ADVI-
SORY PANEL.— 
‘‘(i) IN GENERAL.—Prior to the regu-
larly scheduled expiration of the term of a 
member of the Commission and upon the oc-
currence of a vacancy in the membership of 
the Commission prior to the expiration of a 
term, the President shall convene a Blue 
Ribbon Advisory Panel, consisting of an 
odd number of individuals selected by the 
President from retired Federal judges, 
former law enforcement officials, or individ-
uals with experience in election law, except 
that the President may not select any indi-
vidual to serve on the panel who holds any 
public office at the time of selection. 
‘‘(ii) RECOMMENDATIONS.—With re-
spect 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 mem-
ber of the Commission. 
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398 
‘‘(iii) PUBLICATION.—At the time the 
President submits to the Senate the nomina-
tions for individuals to be appointed as 
members of the Commission, the President 
shall publish the Blue Ribbon Advisory 
Panel’s recommendations for such nomina-
tions. 
‘‘(iv) EXEMPTION FROM FEDERAL AD-
VISORY COMMITTEE ACT.—The Federal Ad-
visory 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 Com-
mission shall terminate or liquidate such activ-
ity no later than 90 days after such appoint-
ment.’’. 
SEC. 6003. ASSIGNMENT OF POWERS TO CHAIR OF FEDERAL 
ELECTION COMMISSION. 
(a) APPOINTMENT OF CHAIR BY PRESIDENT.— 
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399 
(1) IN GENERAL.—Section 306(a)(5) of the Fed-
eral 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 mem-
bers first appointed to serve terms that begin in 
January 2022, one such member (as designated 
by the President at the time the President sub-
mits nominations to the Senate) shall serve as 
Chair of the Commission. 
‘‘(B) SUBSEQUENT
APPOINTMENTS.—Any 
individual who is appointed to succeed the mem-
ber 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 va-
cancy if such member does not serve a full term 
as Chair) shall serve as Chair of the Commis-
sion. 
‘‘(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.’’. 
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400 
(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 administra-
tive officer of the Commission and shall have the 
authority to administer the Commission and its 
staff, and (in consultation with the other mem-
bers of the Commission) shall have the power— 
‘‘(i) to appoint and remove the staff 
director of the Commission; 
‘‘(ii) to request the assistance (includ-
ing personnel and facilities) of other agen-
cies and departments of the United States, 
whose heads may make such assistance 
available to the Commission with or with-
out reimbursement; and 
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401 
‘‘(iii) to prepare and establish the 
budget of the Commission and to make 
budget requests to the President, the Direc-
tor of the Office of Management and Budg-
et, 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 concur-
rence 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 ques-
tions as the Chair may prescribe; 
‘‘(iii) to administer oaths or affirma-
tions; 
‘‘(iv) to require by subpoena, signed by 
the Chair, the attendance and testimony of 
witnesses and the production of all docu-
mentary evidence relating to the execution 
of its duties; 
‘‘(v) in any proceeding or investiga-
tion, to order testimony to be taken by depo-
sition before any person who is designated 
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402 
by the Chair, and shall have the power to 
administer oaths and, in such instances, to 
compel testimony and the production of evi-
dence in the same manner as authorized 
under clause (iv); and 
‘‘(vi) to pay witnesses the same fees 
and mileage as are paid in like cir-
cumstances 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 re-
lief), defend (in the case of any civil action 
brought under section 309(a)(8) of this Act) or 
appeal (including a proceeding before the Su-
preme Court on certiorari) any civil action in 
the name of the Commission to enforce the provi-
sions 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 sec-
tion 308 of this Act; 
‘‘(C) to develop such prescribed forms and to 
make, amend, and repeal such rules, pursuant to 
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403 
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 chap-
ter 96 of the Internal Revenue Code of 1986; 
‘‘(D) to conduct investigations and hearings 
expeditiously, to encourage voluntary compli-
ance, and to report apparent violations to the 
appropriate law enforcement authorities; and 
‘‘(E) to transmit to the President and Con-
gress not later than June 1 of each year a report 
which states in detail the activities of the Com-
mission in carrying out its duties under this 
Act, and which includes any recommendations 
for any legislative or other action the Commis-
sion considers appropriate. 
‘‘(3) PERMITTING
COMMISSION
TO
EXERCISE 
OTHER POWERS OF CHAIR.—With respect to any in-
vestigation, 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 pow-
ers 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— 
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405 
by striking ‘‘THE COMMISSION’’ and inserting ‘‘THE 
CHAIR AND THE COMMISSION’’. 
SEC. 6004. 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 com-
plaint filed with the Commission under paragraph (1) or 
upon the basis of information ascertained by the Commis-
sion 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 com-
mitted, 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 ei-
ther initiate an investigation of the matter or that the com-
plaint 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 per-
son alleged to have committed the violation. Upon the expi-
ration of the 30-day period which begins on the date the 
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406 
general counsel provides such notification, the general coun-
sel’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 deter-
mination 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 dis-
missed 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 pur-
suant to subparagraph (A), the Commission, through the 
Chair, shall notify the subject of the investigation of the al-
leged 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 in-
clude 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 sub-
poena 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 
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407 
Commission, by vote of a majority of the members of the 
Commission who are serving at the time, prohibits the gen-
eral 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 respond-
ent 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 and 
shall promptly submit such brief to the Commission upon 
receipt. 
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408 
‘‘(C) Not later than 30 days after the general counsel 
submits the recommendation to the Commission under sub-
paragraph (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 INI-
TIAL 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 coun-
sel’’; and 
(B) by amending the fourth sentence to read 
as follows: ‘‘Not later than 15 days after receiv-
ing 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 DIS-
MISSAL OF COMPLAINTS.— 
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409 
(1) IN GENERAL.—Section 309(a)(8) of such Act 
(52 U.S.C. 30109(a)(8)) is amended to read as fol-
lows: 
‘‘(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 oc-
curred 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 subpara-
graph 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 agen-
cy’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 Com-
mission, 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 Dis-
trict of Columbia. 
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‘‘(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 fail-
ure to act is contrary to law, and may direct the Commis-
sion to conform with such declaration within 30 days, fail-
ing 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 dis-
missed 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. 
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