537 
(B) in clause (ii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(iii) for purposes of subsection (d)(2), cal-
endar year 2027.’’. 
SEC. 5215. ESTABLISHMENT OF UNIFORM DATE FOR RE-
LEASE OF PAYMENTS. 
(a) DATE FOR PAYMENTS.— 
(1) IN GENERAL.—Section 9006(b) of the In-
ternal Revenue Code of 1986 is amended to read as 
follows: 
‘‘(b) PAYMENTS FROM THE FUND.—If the Secretary 
of the Treasury receives a certification from the Commis-
sion under section 9005 for payment to the eligible can-
didates of a political party, the Secretary shall pay to such 
candidates out of the fund the amount certified by the 
Commission on the later of— 
‘‘(1) the last Friday occurring before the first 
Monday in September; or 
‘‘(2) 24 hours after receiving the certifications 
for the eligible candidates of all major political par-
ties. 
Amounts paid to any such candidates shall be under the 
control of such candidates.’’.
538 
(2) CONFORMING AMENDMENT.—The first sen-
tence of section 9006(c) of such Code is amended by 
striking ‘‘the time of a certification by the Commis-
sion under section 9005 for payment’’ and inserting 
‘‘the time of making a payment under subsection 
(b)’’. 
(b) TIME FOR CERTIFICATION.—Section 9005(a) of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘10 days’’ and inserting ‘‘24 hours’’. 
SEC. 5216. AMOUNTS IN PRESIDENTIAL ELECTION CAM-
PAIGN FUND. 
Section 9006(c) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
sentence: ‘‘In making a determination of whether there are 
insufficient moneys in the fund for purposes of the pre-
vious sentence, the Secretary shall take into account in 
determining the balance of the fund for a Presidential 
election year the Secretary’s best estimate of the amount 
of moneys which will be deposited into the fund during 
the year, except that the amount of the estimate may not 
exceed the average of the annual amounts deposited in the 
fund during the previous 3 years.’’.
539 
SEC. 5217. USE OF GENERAL ELECTION PAYMENTS FOR 
GENERAL ELECTION LEGAL AND ACCOUNT-
ING COMPLIANCE. 
Section 9002(11) of the Internal Revenue Code of 
1986 is amended by adding at the end the following new 
sentence: ‘‘For purposes of subparagraph (A), an expense 
incurred by a candidate or authorized committee for gen-
eral election legal and accounting compliance purposes 
shall be considered to be an expense to further the election 
of such candidate.’’. 
SEC. 5218. USE OF FREEDOM FROM INFLUENCE FUND AS 
SOURCE OF PAYMENTS. 
(a) IN GENERAL.—Chapter 95 of subtitle H of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new section: 
‘‘SEC. 9013. USE OF FREEDOM FROM INFLUENCE FUND AS 
SOURCE OF PAYMENTS. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this chapter, effective with respect to the Presi-
dential election held in 2028 and each succeeding Presi-
dential election, all payments made under this chapter 
shall be made from the Freedom From Influence Fund 
established under section 541 of the Federal Election 
Campaign Act of 1971. 
‘‘(b) MANDATORY REDUCTION
OF PAYMENTS
IN 
CASE OF INSUFFICIENT AMOUNTS IN FUND.—
540 
‘‘(1) ADVANCE AUDITS BY COMMISSION.—Not 
later than 90 days before the first day of each Presi-
dential election cycle (beginning with the cycle for 
the election held in 2028), the Commission shall— 
‘‘(A) audit the Fund to determine whether, 
after first making payments to participating 
candidates under title V of the Federal Election 
Campaign Act of 1971 and then making pay-
ments to States under the My Voice Voucher 
Program under the Government By the People 
Act of 2019 and then making payments to can-
didates under chapter 96, the amounts remain-
ing in the Fund will be sufficient to make pay-
ments to candidates under this chapter in the 
amounts provided under this chapter during 
such election cycle; and 
‘‘(B) submit a report to Congress describ-
ing the results of the audit. 
‘‘(2) REDUCTIONS IN AMOUNT OF PAYMENTS.— 
‘‘(A) AUTOMATIC
REDUCTION
ON
PRO 
RATA BASIS.—If, on the basis of the audit de-
scribed in paragraph (1), the Commission deter-
mines that the amount anticipated to be avail-
able in the Fund with respect to the Presi-
dential election cycle involved is not, or may not
541 
be, sufficient to satisfy the full entitlements of 
candidates to payments under this chapter for 
such cycle, the Commission shall reduce each 
amount which would otherwise be paid to a can-
didate under this chapter by such pro rata 
amount as may be necessary to ensure that the 
aggregate amount of payments anticipated to 
be made with respect to the cycle will not ex-
ceed the amount anticipated to be available for 
such payments in the Fund with respect to such 
cycle. 
‘‘(B) RESTORATION
OF
REDUCTIONS
IN 
CASE OF AVAILABILITY OF SUFFICIENT FUNDS 
DURING ELECTION CYCLE.—If, after reducing 
the amounts paid to candidates with respect to 
an election cycle under subparagraph (A), the 
Commission determines that there are sufficient 
amounts in the Fund to restore the amount by 
which such payments were reduced (or any por-
tion thereof), to the extent that such amounts 
are available, the Commission may make a pay-
ment on a pro rata basis to each such candidate 
with respect to the election cycle in the amount 
by which such candidate’s payments were re-
542 
duced under subparagraph (A) (or any portion 
thereof, as the case may be). 
‘‘(C) NO USE OF AMOUNTS FROM OTHER 
SOURCES.—In any case in which the Commis-
sion determines that there are insufficient mon-
eys in the Fund to make payments to can-
didates under this chapter, moneys shall not be 
made available from any other source for the 
purpose of making such payments. 
‘‘(3) NO EFFECT ON AMOUNTS TRANSFERRED 
FOR PEDIATRIC RESEARCH INITIATIVE.—This sec-
tion does not apply to the transfer of funds under 
section 9008(i). 
‘‘(4) PRESIDENTIAL
ELECTION
CYCLE
DE-
FINED.—In this section, the term ‘Presidential elec-
tion cycle’ means, with respect to a Presidential elec-
tion, the period beginning on the day after the date 
of the previous Presidential general election and 
ending on the date of the Presidential election.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 95 of subtitle H of such Code is amended by 
adding at the end the following new item: 
‘‘Sec. 9013. Use of Freedom From Influence Fund as source of payments.’’.
543 
PART 3—EFFECTIVE DATE 
SEC. 5221. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as otherwise provided, this 
subtitle and the amendments made by this subtitle shall 
apply with respect to the Presidential election held in 2028 
and each succeeding Presidential election, without regard 
to whether or not the Federal Election Commission has 
promulgated the final regulations necessary to carry out 
this part and the amendments made by this part by the 
deadline set forth in subsection (b). 
(b) DEADLINE FOR REGULATIONS.—Not later than 
June 30, 2026, the Federal Election Commission shall 
promulgate such regulations as may be necessary to carry 
out this part and the amendments made by this part. 
Subtitle D—Personal Use Services 
as Authorized Campaign Ex-
penditures 
SEC. 5301. SHORT TITLE; FINDINGS; PURPOSE. 
(a) SHORT TITLE.—This subtitle may be cited as the 
‘‘Help America Run Act’’. 
(b) FINDINGS.—Congress finds the following: 
(1) Everyday Americans experience barriers to 
entry before they can consider running for office to 
serve their communities. 
(2) Current law states that campaign funds 
cannot be spent on everyday expenses that would
544 
exist whether or not a candidate were running for 
office, like childcare and food. While the law seems 
neutral, its actual effect is to privilege the independ-
ently wealthy who want to run, because given the de-
mands of running for office, candidates who must 
work to pay for childcare or to afford health insur-
ance are effectively being left out of the process, 
even if they have sufficient support to mount a via-
ble campaign. 
(3) Thus current practice favors those prospec-
tive candidates who do not need to rely on a regular 
paycheck to make ends meet. The consequence is 
that everyday Americans who have firsthand knowl-
edge of the importance of stable childcare, a safety 
net, or great public schools are less likely to get a 
seat at the table. This governance by the few is anti-
thetical to the democratic experiment, but most im-
portantly, when lawmakers do not share the con-
cerns of everyday Americans, their policies reflect 
that. 
(4) These circumstances have contributed to a 
Congress that does not always reflect everyday 
Americans. The New York Times reported in 2019 
that fewer than 5 percent of representatives cite 
blue-collar or service jobs in their biographies. A
545 
2015 survey by the Center for Responsive Politics 
showed that the median net worth of lawmakers was 
just over $1 million in 2013, or 18 times the wealth 
of the typical American household. 
(5) These circumstances have also contributed 
to a governing body that does not reflect the nation 
it serves. For instance, women are 51% of the 
American population. Yet even with a record number 
of women serving in the One Hundred Sixteenth 
Congress, the Pew Research Center notes that more 
than three out of four Members of this Congress are 
male. The Center for American Women And Politics 
found that one third of women legislators surveyed 
had been actively discouraged from running for of-
fice, often by political professionals. This type of dis-
couragement, combined with the prohibitions on 
using campaign funds for domestic needs like 
childcare, burdens that still fall disproportionately 
on American women, particularly disadvantages 
working mothers. These barriers may explain why 
only 10 women in history have given birth while 
serving in Congress, in spite of the prevalence of 
working parents in other professions. Yet working 
mothers and fathers are best positioned to create
546 
policy that reflects the lived experience of most 
Americans. 
(6) Working mothers, those caring for their el-
derly parents, and young professionals who rely on 
their jobs for health insurance should have the free-
dom to run to serve the people of the United States. 
Their networks and net worth are simply not the 
best indicators of their strength as prospective pub-
lic servants. In fact, helping ordinary Americans to 
run may create better policy for all Americans. 
(c) PURPOSE.—It is the purpose of this subtitle to 
ensure that all Americans who are otherwise qualified to 
serve this Nation are able to run for office, regardless of 
their economic status. By expanding permissible uses of 
campaign funds and providing modest assurance that test-
ing a run for office will not cost one’s livelihood, the Help 
America Run Act will facilitate the candidacy of represent-
atives who more accurately reflect the experiences, chal-
lenges, and ideals of everyday Americans. 
SEC. 5302. TREATMENT OF PAYMENTS FOR CHILD CARE 
AND OTHER PERSONAL USE SERVICES AS AU-
THORIZED CAMPAIGN EXPENDITURE. 
(a) PERSONAL USE SERVICES AS AUTHORIZED CAM-
PAIGN EXPENDITURE.—Section 313 of the Federal Elec-
tion Campaign Act of 1971 (52 U.S.C. 30114), as amend-
547 
ed by section 5113, is amended by adding at the end the 
following new subsection: 
‘‘(e) TREATMENT OF PAYMENTS FOR CHILD CARE 
AND OTHER PERSONAL USE SERVICES AS AUTHORIZED 
CAMPAIGN EXPENDITURE.— 
‘‘(1) AUTHORIZED EXPENDITURES.—For pur-
poses of subsection (a), the payment by an author-
ized committee of a candidate for any of the per-
sonal use services described in paragraph (3) shall 
be treated as an authorized expenditure if the serv-
ices are necessary to enable the participation of the 
candidate in campaign-connected activities. 
‘‘(2) LIMITATIONS.— 
‘‘(A) LIMIT ON TOTAL AMOUNT OF PAY-
MENTS.—The total amount of payments made 
by an authorized committee of a candidate for 
personal use services described in paragraph (3) 
may not exceed the limit which is applicable 
under any law, rule, or regulation on the 
amount of payments which may be made by the 
committee for the salary of the candidate (with-
out regard to whether or not the committee 
makes payments to the candidate for that pur-
pose).
548 
‘‘(B) 
CORRESPONDING
REDUCTION
IN 
AMOUNT OF SALARY PAID TO CANDIDATE.—To 
the extent that an authorized committee of a 
candidate makes payments for the salary of the 
candidate, any limit on the amount of such pay-
ments which is applicable under any law, rule, 
or regulation shall be reduced by the amount of 
any payments made to or on behalf of the can-
didate for personal use services described in 
paragraph (3), other than personal use services 
described in subparagraph (E) of such para-
graph. 
‘‘(C) EXCLUSION
OF
CANDIDATES
WHO 
ARE OFFICEHOLDERS.—Paragraph (1) does not 
apply with respect to an authorized committee 
of a candidate who is a holder of Federal office. 
‘‘(3) PERSONAL USE SERVICES DESCRIBED.— 
The personal use services described in this para-
graph are as follows: 
‘‘(A) Child care services. 
‘‘(B) Elder care services. 
‘‘(C) Services similar to the services de-
scribed in subparagraph (A) or subparagraph 
(B) which are provided on behalf of any de-
549 
pendent who is a qualifying relative under sec-
tion 152 of the Internal Revenue Code of 1986. 
‘‘(D) Health insurance premiums.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act. 
Subtitle E—Empowering Small 
Dollar Donations 
SEC. 5401. PERMITTING POLITICAL PARTY COMMITTEES TO 
PROVIDE ENHANCED SUPPORT FOR CAN-
DIDATES 
THROUGH 
USE 
OF 
SEPARATE 
SMALL DOLLAR ACCOUNTS. 
(a) INCREASE IN LIMIT ON CONTRIBUTIONS TO CAN-
DIDATES.—Section 315(a)(2)(A) of the Federal Election 
Campaign Act of 1971 (52 U.S.C. 30116(a)(2)(A)) is 
amended by striking ‘‘exceed $5,000’’ and inserting ‘‘ex-
ceed $5,000 or, in the case of a contribution made by a 
national committee of a political party from an account 
described in paragraph (11), exceed $10,000’’. 
(b) ELIMINATION OF LIMIT ON COORDINATED EX-
PENDITURES.—Section 315(d)(5) of such Act (52 U.S.C. 
30116(d)(5)) is amended by striking ‘‘subsection (a)(9)’’ 
and inserting ‘‘subsection (a)(9) or subsection (a)(11)’’. 
(c) ACCOUNTS DESCRIBED.—Section 315(a) of such 
Act (52 U.S.C. 30116(a)), as amended by section 5112(a),
550 
is amended by adding at the end the following new para-
graph: 
‘‘(11) An account described in this paragraph is a 
separate, segregated account of a national committee of 
a political party (including a national congressional cam-
paign committee of a political party) consisting exclusively 
of contributions made during a calendar year by individ-
uals whose aggregate contributions to the committee dur-
ing the year do not exceed $200.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to elections held on 
or after the date of the enactment of this Act. 
Subtitle F—Severability 
SEC. 5501. SEVERABILITY. 
If any provision of this title or amendment made by 
this title, or the application of a provision or amendment 
to any person or circumstance, is held to be unconstitu-
tional, the remainder of this title and amendments made 
by this title, and the application of the provisions and 
amendment to any person or circumstance, shall not be 
affected 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.
551 
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. Requiring forms to permit use of accent marks. 
Sec. 6008. Restrictions on ex parte communications. 
Sec. 6009. Clarifying Authority of FEC Attorneys to Represent FEC in Su-
preme Court. 
Sec. 6010. Effective date; transition. 
Subtitle B—Stopping Super PAC-Candidate Coordination 
Sec. 6101. Short title. 
Sec. 6102. Clarification of treatment of coordinated expenditures as contribu-
tions to candidates. 
Sec. 6103. Clarification of ban on fundraising for super PACs by Federal can-
didates and officeholders. 
Subtitle C—Disposal of Contributions or Donations 
Sec. 6201. Timeframe for and prioritization of disposal of contributions or do-
nations. 
Sec. 6202. 1-year transition period for certain individuals. 
Subtitle D—Recommendations to Ensure Filing of Reports Before Date of 
Election 
Sec. 6301. Recommendations to Ensure Filing of Reports Before Date of Elec-
tion. 
Subtitle E—Severability 
Sec. 6401. 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.—
552 
(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 
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 ‘‘affirma-
tive vote of 4 members of the Commission’’ and in-
553 
serting ‘‘affirmative vote of a majority of the mem-
bers 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 amend-
ed by striking ‘‘(other than the Secretary of the Sen-
ate and the Clerk of the House of Representatives)’’ 
each place it appears in paragraphs (4) and (5).
554 
(b) TERMS OF SERVICE.—Section 306(a)(2) of such 
Act (52 U.S.C. 30106(a)(2)) is amended to read as fol-
lows: 
‘‘(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 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 addi-
tional 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 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
555 
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 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 EX-
PIRATION OF TERM.—A member of the Com-
mission may continue to serve on the Commis-
sion after the expiration of the member’s term 
for an additional period, but only until the ear-
lier 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 
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:
556 
‘‘(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 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 
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 polit-
ical party and individuals who are inde-
pendent of a political party and that con-
sists of an odd number of individuals se-
lected by the President from retired Fed-
eral judges, former law enforcement offi-
cials, or individuals with experience in elec-
tion law, except that the President may not 
select any individual to serve on the panel 
who holds any public office at the time of
557 
selection. The President shall also make 
reasonable efforts to encourage racial, eth-
nic, and gender diversity on the panel. 
‘‘(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. 
‘‘(iii) PUBLICATION.—At the time the 
President submits to the Senate the nomi-
nations 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 
Advisory Committee Act (5 U.S.C. App.) 
does not apply to a Blue Ribbon Advisory 
Panel convened under this subparagraph.
558 
‘‘(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 FED-
ERAL 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
559 
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 Com-
mission. 
‘‘(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 posi-
tion 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 ad-
560 
ministrative officer of the Commission and shall 
have the authority to administer the Commis-
sion 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 (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 
‘‘(iii) to prepare and establish the 
budget of the Commission and to make 
budget requests to the President, the Di-
rector 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 gen-
eral counsel of the Commission with the 
concurrence of at least 2 other members of 
the Commission;
561 
‘‘(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 doc-
umentary evidence relating to the execu-
tion of its duties; 
‘‘(v) in any proceeding or investiga-
tion, to order testimony to be taken by 
deposition before any person who is des-
ignated by the Chair, and shall have the 
power to administer oaths and, in such in-
stances, to compel testimony and the pro-
duction 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 cir-
cumstances in the courts of the United 
States. 
‘‘(2) POWERS ASSIGNED TO COMMISSION.—The 
Commission shall have the power—
562 
‘‘(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 pro-
visions 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, pursu-
ant 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 hear-
ings expeditiously, to encourage voluntary com-
pliance, 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 re-
563 
port which states in detail the activities of the 
Commission in carrying out its duties under 
this Act, and which includes any recommenda-
tions for any legislative or other action the 
Commission 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 
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 Com-
mission shall have a staff director who shall be 
appointed by the Chair of the Commission in 
consultation with the other members and a gen-
eral 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
564 
‘‘With the approval of the Chair of the Commis-
sion’’; 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.—Sec-
tion 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 insert-
ing ‘‘THE CHAIR AND THE COMMISSION’’. 
SEC. 6004. REVISION TO ENFORCEMENT PROCESS. 
(a) STANDARD FOR INITIATING INVESTIGATIONS AND 
DETERMINING
WHETHER
VIOLATIONS
HAVE
OC-
CURRED.— 
(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:
565 
‘‘(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 
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 serv-
ing at the time, overrules the general counsel’s determina-
tion. 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 com-
plaint should be dismissed is overruled as provided under
566 
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 sub-
poena 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
567 
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 rec-
ommendation 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 re-
spondent of such recommendation and the reasons there-
fore, 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 Com-
mission 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 Com-
mission under such subparagraph), the Commission shall 
approve or disapprove the recommendation by vote of a 
majority of the members of the Commission who are serv-
ing at the time.’’.
568 
(2) CONFORMING
AMENDMENT
RELATING
TO 
INITIAL RESPONSE TO FILING OF COMPLAINT.—Sec-
tion 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 
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 DIS-
MISSAL 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 sub-
569 
paragraph 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 dis-
cretion 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. 
‘‘(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
581 
political, campaign media, or fundraising ad-
viser or consultant for the candidate or com-
mittee or for any other entity directly or indi-
rectly controlled by the candidate or committee, 
or has held a formal position with the candidate 
or committee (including a position as an em-
ployee of the office of the candidate at any time 
the candidate held any Federal, State, or local 
public office during the 4-year period). 
‘‘(D) The person has retained the profes-
sional services of any person who, during the 2- 
year period ending on the date on which the 
person makes the payment, has provided or is 
providing professional services relating to the 
campaign to the candidate or committee, with-
out regard to whether the person providing the 
professional services used a firewall. For pur-
poses of this subparagraph, the term ‘profes-
sional services’ includes any services in support 
of the candidate’s or committee’s campaign ac-
tivities, including advertising, message, strat-
egy, policy, polling, allocation of resources, 
fundraising, and campaign operations, but does 
not include accounting or legal services.
582 
‘‘(E) The person is established, directed, or 
managed by a member of the immediate family 
of the candidate, or the person or any officer or 
agent of the person has had more than inci-
dental discussions about the candidate’s cam-
paign with a member of the immediate family 
of the candidate. For purposes of this subpara-
graph, the term ‘immediate family’ has the 
meaning given such term in section 9004(e) of 
the Internal Revenue Code of 1986. 
‘‘(d) COVERED COMMUNICATION DEFINED.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, the term ‘covered communication’ means, with 
respect to a candidate or an authorized committee of 
a candidate, a public communication (as defined in 
section 301(22)) which— 
‘‘(A) expressly advocates the election of the 
candidate or the defeat of an opponent of the 
candidate (or contains the functional equivalent 
of express advocacy); 
‘‘(B) promotes or supports the election of 
the candidate, or attacks or opposes the election 
of an opponent of the candidate (regardless of 
whether the communication expressly advocates 
the election or defeat of a candidate or contains