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 Commis-
sion, 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) in-
troduced 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 selec-
tion 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 pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Restoring Integrity 
to America’s Elections Act’’. 
SEC. 2. 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.— 
(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 major-
ity 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-
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(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) CHAIR.—The Chair of the Commis-
sion shall serve for a single term of 10 years. 
‘‘(B) OTHER MEMBERS.—Each member of 
the Commission other than the Chair shall 
serve for a single term of 6 years. 
‘‘(C) SPECIAL RULE FOR INITIAL APPOINT-
MENTS.—Of the members (other than the 
Chair) first appointed to serve terms that begin 
in January 2020, the President shall designate 
two to serve for a 3-year term. 
‘‘(D) NO REAPPOINTMENT PERMITTED.— 
An individual who served a term as a Member 
of the Commission (including the Chair) may 
not serve for an additional term, except that— 
‘‘(i) an individual who served a 3-year 
term under subparagraph (C) may also be 
appointed to serve a 6-year term under 
subparagraph (B) or a 10-year term as 
Chair under subparagraph (A); and 
‘‘(ii) for purposes of this subpara-
graph, an individual who is appointed to 
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fill a vacancy under subparagraph (E) 
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. 
‘‘(E) 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 (D), 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. 
‘‘(F) 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 
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‘‘(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: 
‘‘(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, consisting of 
an odd number of individuals selected by 
the President from retired Federal judges, 
former law enforcement officials, or indi-
viduals with experience in election law, ex-
cept that the President may not select any 
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individual 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. 
‘‘(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. 
‘‘(C) PROHIBITING
ENGAGEMENT
WITH 
OTHER
BUSINESS
OR
EMPLOYMENT
DURING 
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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. 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 2020, 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 2020 (as 
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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-
ministrative officer of the Commission and shall 
have the authority to administer the Commis-
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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 and general counsel of the Com-
mission; 
‘‘(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 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; 
‘‘(ii) to administer oaths or affirma-
tions; 
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‘‘(iii) 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; 
‘‘(iv) 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 (iii); and 
‘‘(v) 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 any civil action in the name of the Com-
mission to enforce the provisions of this Act 
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and chapter 95 and chapter 96 of the Internal 
Revenue Code of 1954, 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-
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-
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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 and a general 
counsel who shall be appointed by the Chair of 
the Commission in consultation with the other 
members.’’; 
(B) in paragraph (2), by striking ‘‘With 
the approval of the Commission’’ and inserting 
‘‘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’’. 
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(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. 4. REVISION TO CERTAIN ENFORCEMENT AUTHORI-
TIES. 
(a) CLARIFYING AUTHORITY OF FEC ATTORNEYS 
TO REPRESENT FEC IN SUPREME COURT.— 
(1) 
CLARIFYING
AUTHORITY.—Section 
306(f)(4) of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30106(f)(4)) is amended by strik-
ing ‘‘any action instituted under this Act, either (A) 
by attorneys’’ and inserting ‘‘any action instituted 
under this Act, including an action before the Su-
preme Court of the United States, either (A) by the 
General Counsel of the Commission and other attor-
neys’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to actions 
instituted before, on, or after the date of the enact-
ment of this Act. 
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(b) PERMITTING APPEARANCE AT HEARINGS ON RE-
QUESTS FOR ADVISORY OPINIONS BY PERSONS OPPOSING 
THE REQUESTS.— 
(1) 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 op-
portunity, the Commission shall provide a reasonable op-
portunity 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 re-
quest.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to requests 
for advisory opinions under section 308 of the Fed-
eral Election Campaign Act of 1971 which are made 
on or after the date of the enactment of this Act. 
(c) CLARIFICATION OF DEADLINE FOR FILING AC-
TION TO CHALLENGE DISMISSAL OF COMPLAINT.— 
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(1) DEADLINE.—Section 309(a)(8)(B) of such 
Act (52 U.S.C. 30109(a)(8)(B)) is amended by 
striking ‘‘within 60 days after the date of the dis-
missal’’ and inserting ‘‘within 60 days after the date 
on which the party received notice of the dismissal 
of the complaint’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to com-
plaints which are dismissed by the Federal Election 
Commission on or after the date of the enactment 
of this Act. 
SEC. 5. EFFECTIVE DATE; TRANSITION. 
(a) IN GENERAL.—Except as provided in section 4, 
the amendments made by this Act shall apply beginning 
January 1, 2020. 
(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, 2019, shall 
expire on that date. 
(2) NO EFFECT ON EXISTING CASES OR PRO-
CEEDINGS.—Nothing in this Act or in any amend-
ment made by this Act shall affect any of the powers 
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exercised by the Federal Election Commission prior 
to December 31, 2019, including any investigation 
initiated by the Commission prior to such date or 
any proceeding (including any enforcement action) 
pending as of such date. 
Æ 
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