,,ii #aaeth ,,congress #ast ,session ,s4 #afhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #a1 #bjag,mr4 ,donnelly introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to amend the ,federal ,election ,campaign ,act of #aiga to reduce the number of members of the ,federal ,election ,commission from #f to #e1 to revise the method of selection and terms of service of members of the ,commission1 to distribute the powers of the ,commission between the ,chair and the remaining members1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,restoring ,integrity to ,america's ,elections ,act4 #b4 ,membership of ,federal ,election ,commission 7a7 ,reduction in ,number of ,members2 ,removal of ,secretary of ,senate and ,clerk of ,house as ,ex ,officio ,members 7#a7 ,in general2 quorum ,section #cjf7;a77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajf7;a77#a77 is amended by striking the second and third sentences and inserting the following3 ,the ,commission is composed of #e members appointed by the ,president by and with the advice and consent of the ,senate1 of whom no more than #b may be affiliated with the same political party4 ,a majority of the number of members of the ,commission who are serving at the time shall constitute a quorum1 except that #c members shall constitute a quorum if there are #d members serving at the time44 7#b7 ,conforming amendments relating to reduction in number of members 7,a7 ,the second sentence of section #cjf7;c7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;c77 is amended by striking affirmative vote of #d members of the ,commission and inserting affirmative vote of a majority of the members of the ,commission who are serving at the time4 7,b7 ,such ,act is further amended by striking affirmative vote of #d 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 sections3 7i7 ,section #cji7;a77#b7 7#eb ,u4,s4,c4 #cjaji7;a77#b774 7ii7 ,section #cji7;a77#d77;,a77i7 7#eb ,u4,s4,c4 #cjaji7;a77#d77;,a77i774 7iii7 ,section #cji7;a77#e77;,c7 7#eb ,u4,s4,c4 #cjaji7;a77#e77;,c774 7iv7 ,section #cji7;a77#f77;,a7 7#eb ,u4,s4,c4 #cjaji7;a77#f77;,a774 7v7 ,section #caa7;b7 7#eb ,u4,s4,c4 #cjaaa7;b774 7#c7 ,conforming amendment relating to removal of ex officio members ,section #cjf7;a7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;a77 is amended by striking 7other than the ,secretary of the ,senate and the ,clerk of the ,house of ,representatives7 each place it appears in paragraphs 7#d7 and 7#e74 7b7 ,terms of ,service ,section #cjf7;a77#b7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;a77#b77 is amended to read as follows3 7#b7 ,terms of service 7,a7 ,chair ,the ,chair of the ,commission shall serve for a single term of #aj years4 7,b7 ,other members ,each member of the ,commission other than the ,chair shall serve for a single term of #f years4 7,c7 ,special rule for initial appointments ,of the members 7other than the ,chair7 first appointed to serve terms that begin in ,january #bjbj1 the ,president shall designate two to serve for a #c-year term4 7,d7 ,no reappointment permitted ,an individual who served a term as a ,member of the ,commission 7including the ,chair7 may not serve for an additional term1 except that-- 7i7 an individual who served a #c-year term under subparagraph 7,c7 may also be appointed to serve a #f-year term under subparagraph 7,b7 or a #aj-year term as ,chair under subparagraph 7,a72 and 7ii7 for purposes of this subparagraph1 an individual who is appointed to fill a vacancy under subparagraph 7,e7 shall not be considered to have served a term if the portion of the unexpired term the individual fills is less than #ej percent of the period of the term4 7,e7 ,vacancies ,any vacancy occurring in the membership of the ,commission shall be filled in the same manner as in the case of the original appointment4 ,except as provided in subparagraph 7,d71 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 succeeds4 7,f7 ,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 period1 but only until the earlier of-- 7i7 the date on which the member's successor has taken office as a member of the ,commission2 or 7ii7 the expiration of the #a-year period that begins on the last day of the member's term4 4 7c7 ,qualifications ,section #cjf7;a77#c7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;a77#c77 is amended to read as follows3 7#c7 ,qualifications 7,a7 ,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 integrity1 impartiality1 and good judgment4 7,b7 ,assistance of ,blue ,ribbon ,advisory ,panel 7i7 ,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 term1 the ,president shall convene a ,blue ,ribbon ,advisory ,panel1 consisting of an odd number of individuals selected by the ,president from retired ,federal judges1 former law enforcement officials1 or individuals with experience in election law1 except that the ,president may not select any individual to serve on the panel who holds any public office at the time of selection4 7ii7 ,recommendations ,with respect to each member of the ,commission whose term is expiring or each vacancy in the membership of the ,commission 7as the case may be71 the ,blue ,ribbon ,advisory ,panel shall recommend to the ,president at least one but not more than #c individuals for nomination for appointment as a member of the ,commission4 7iii7 ,publication ,at the time the ,president submits to the ,senate the nominations for individuals to be appointed as members of the ,commission1 the ,president shall publish the ,blue ,ribbon ,advisory ,panel's recommendations for such nominations4 7iv7 ,exemption from ,federal ,advisory ,committee ,act ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 does not apply to a ,blue ,ribbon ,advisory ,panel convened under this subparagraph4 7,c7 ,prohibiting engagement with other business or employment during service ,a member of the ,commission shall not engage in any other business1 vocation1 or employment4 ,any individual who is engaging in any other business1 vocation1 or employment at the time of his or her appointment to the ,commission shall terminate or liquidate such activity no later than #ij days after such appointment4 4 #c4 ,assignment of ,powers to ,chair of ,federal ,election ,commission 7a7 ,appointment of ,chair by ,president 7#a7 ,in general ,section #cjf7;a77#e7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajf7;a77#e77 is amended to read as follows3 7#e7 ,chair 7,a7 ,initial appointment ,of the members first appointed to serve terms that begin in ,january #bjbj1 one such member 7as designated by the ,president at the time the ,president submits nominations to the ,senate7 shall serve as ,chair of the ,commission4 7,b7 ,subsequent appointments ,any individual who is appointed to succeed the ,member who serves as ,chair of the ,commission for the term beginning in ,january #bjbj 7as well as any individual who is appointed to fill a vacancy if such ,member does not serve a full term as ,chair7 shall serve as ,chair of the ,commission4 7,c7 ,vice ,chair ,the ,commission shall select1 by majority vote of its members1 one of its members to serve as ,vice ,chair1 who shall act as ,chair in the absence or disability of the ,chair or in the event of a vacancy in the position of ,chair4 4 7#b7 ,conforming amendment ,section #cji7;a77#b7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#b77 is amended by striking through its chairman or vice chairman and inserting through the ,chair4 7b7 ,powers 7#a7 ,assignment of certain powers to ,chair ,section #cjg7;a7 of such ,act 7#eb ,u4,s4,c4 #cjajg7;a77 is amended to read as follows3 7a7 ,distribution of ,powers ,between ,chair and ,commission 7#a7 ,powers assigned to ,chair 7,a7 ,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 staff1 and 7in consultation with the other members of the ,commission7 shall have the power-- 7i7 to appoint and remove the staff director and general counsel of the ,commission2 7ii7 to request the assistance 7including personnel and facilities7 of other agencies and departments of the ,united ,states1 whose heads may make such assistance available to the ,commission with or without reimbursement2 and 7iii7 to prepare and establish the budget of the ,commission and to make budget requests to the ,president1 the ,director of the ,office of ,management and ,budget1 and ,congress4 7,b7 ,other powers ,the ,chair of the ,commission shall have the power-- 7i7 to require by special or general orders1 any person to submit1 under oath1 such written reports and answers to questions as the ,chair may prescribe2 7ii7 to administer oaths or affirmations2 7iii7 to require by subpoena1 signed by the ,chair1 the attendance and testimony of witnesses and the production of all documentary evidence relating to the execution of its duties2 7iv7 in any proceeding or investigation1 to order testimony to be taken by deposition before any person who is designated by the ,chair1 and shall have the power to administer oaths and1 in such instances1 to compel testimony and the production of evidence in the same manner as authorized under clause 7iii72 and 7v7 to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the ,united ,states4 7#b7 ,powers assigned to ,commission ,the ,commission shall have the power-- 7,a7 to initiate 7through civil actions for injunctive1 declaratory1 or other appropriate relief71 defend 7in the case of any civil action brought under section #cji7;a77#h7 of this ,act7 or appeal any civil action in the name of the ,commission to enforce the provisions of this ,act and chapter #ie and chapter #if of the ,internal ,revenue ,code of #aied1 through its general counsel2 7,b7 to render advisory opinions under section #cjh of this ,act2 7,c7 to develop such prescribed forms and to make1 amend1 and repeal such rules1 pursuant to the provisions of chapter #e of title #e1 ,united ,states ,code1 as are necessary to carry out the provisions of this ,act and chapter #ie and chapter #if of the ,internal ,revenue ,code of #aihf2 7,d7 to conduct investigations and hearings expeditiously1 to encourage voluntary compliance1 and to report apparent violations to the appropriate law enforcement authorities2 and 7,e7 to transmit to the ,president and ,congress not later than ,june #a of each year a report which states in detail the activities of the ,commission in carrying out its duties under this ,act1 and which includes any recommendations for any legislative or other action the ,commission considers appropriate4 7#c7 ,permitting ,commission to exercise other powers of ,chair ,with respect to any investigation1 action1 or proceeding1 the ,commission1 by an affirmative vote of a majority of the members who are serving at the time1 may exercise any of the powers of the ,chair described in paragraph 7#a77;,b74 4 7#b7 ,conforming amendments relating to personnel authority ,section #cjf7;f7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;f77 is amended-- 7,a7 by amending the first sentence of paragraph 7#a7 to read as follows3 ,the ,commission shall have a staff director and a general counsel who shall be appointed by the ,chair of the ,commission in consultation with the other members42 7,b7 in paragraph 7#b71 by striking ,with the approval of the ,commission and inserting ,with the approval of the ,chair of the ,commission2 and 7,c7 by striking paragraph 7#c74 7#c7 ,conforming amendment relating to budget submission ,section #cjg7;d77#a7 of such ,act 7#eb ,u4,s4,c4 #cjajg7;d77#a77 is amended by striking the ,commission submits any budget and inserting the ,chair 7or1 pursuant to subsection 7a77#c71 the ,commission7 submits any budget4 7#d7 ,other conforming amendments ,section #cjf7;c7 of such ,act 7#eb ,u4,s4,c4 #cjajf7;c77 is amended by striking ,all decisions and inserting ,subject to section #cjg7;a71 all decisions4 7#e7 ,technical amendment ,the heading of section #cjg of such ,act 7#eb ,u4,s4,c4 #cjajg7 is amended by striking the commission and inserting the chair and the commission4 #d4 ,revision to certain enforcement authorities 7a7 ,clarifying ,authority of ,,fec ,attorneys ,to ,represent ,,fec in ,supreme ,court 7#a7 ,clarifying authority ,section #cjf7;f77#d7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajf7;f77#d77 is amended by striking any action instituted under this ,act1 either 7,a7 by attorneys and inserting any action instituted under this ,act1 including an action before the ,supreme ,court of the ,united ,states1 either 7,a7 by the ,general ,counsel of the ,commission and other attorneys4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to actions instituted before1 on1 or after the date of the enactment of this ,act4 7b7 ,permitting ,appearance at ,hearings on ,requests for ,advisory ,opinions by ,persons ,opposing the ,requests 7#a7 ,in general ,section #cjh of such ,act 7#eb ,u4,s4,c4 #cjajh7 is amended by adding at the end the following new subsection3 7e7 ,to the extent that the ,commission provides an opportunity for a person requesting an advisory opinion under this section 7or counsel for such person7 to appear before the ,commission to present testimony in support of the request1 and the person 7or counsel7 accepts such opportunity1 the ,commission shall provide a reasonable opportunity for an interested party who submitted written comments under subsection 7d7 in response to the request 7or counsel for such interested party7 to appear before the ,commission to present testimony in response to the request4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to requests for advisory opinions under section #cjh of the ,federal ,election ,campaign ,act of #aiga which are made on or after the date of the enactment of this ,act4 7c7 ,clarification of ,deadline for ,filing ,action ,to ,challenge ,dismissal of ,complaint 7#a7 ,deadline ,section #cji7;a77#h77;,b7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#h77;,b77 is amended by striking within #fj days after the date of the dismissal and inserting within #fj days after the date on which the party received notice of the dismissal of the complaint4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 shall apply with respect to complaints which are dismissed by the ,federal ,election ,commission on or after the date of the enactment of this ,act4 #e4 ,effective date2 transition 7a7 ,in ,general ,except as provided in section #d1 the amendments made by this ,act shall apply beginning ,january #a1 #bjbj4 7b7 ,transition 7#a7 ,termination of service of current members ,notwithstanding any provision of the ,federal ,election ,campaign ,act of #aiga1 the term of any individual serving as a member of the ,federal ,election ,commission as of ,december #ca1 #bjai1 shall expire on that date4 7#b7 ,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 #ca1 #bjai1 including any investigation initiated by the ,commission prior to such date or any proceeding 7including any enforcement action7 pending as of such date4