,,ii #aafth ,,congress #ast ,session ,s4 #bbcb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #bc1 #bjai ,ms4 ,klobuchar 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 ,campaign ,finance ,transparency ,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-- 7,a7 by striking ,there is established and inserting 7,a7 ,there is established2 and 7,b7 by striking the second and third sentences and inserting the following3 7,b7 ,the ,commission is composed of #e members appointed by the ,president by and with the advice and consent of the ,senate1 of whom-- 7i7 no more than #b may be affiliated with the same political party2 and 7ii7 at least #a shall not be affiliated with-- 7,i7 the political party with which the most members of the ,house of ,representatives are affiliated2 or 7,,ii7 the political party with which the second most member of the ,house of ,representatives are affiliated4 ,a member shall by treated as affiliated with a political party if the member was affiliated1 including as a registered voter1 employee1 consultant1 donor1 officer1 or attorney1 with such political party or any of its candidates or elected public officials at any time during the #e-year period ending on the date on which such individual is nominated to be a member of the ,commission4 7,c7 ,four members shall constitute a quorum4 4 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 ,in general ,each member of the ,commission shall serve for a single term of #f years4 7,b7 ,special rule for initial appointments ,of the members first appointed to serve terms that begin in ,january #bjbb1 the ,president shall designate #b to serve for #c-year terms4 ,the members selected under this subparagraph shall not be affiliated with the same political party4 7,c7 ,no reappointment permitted ,an individual who served a term as a member of the ,commission may not serve for an additional term1 except that-- 7i7 an individual who served a #c-year term under subparagraph 7,b7 may also be appointed to serve a #f-year term under subparagraph 7,a72 and 7ii7 for purposes of this subparagraph1 an individual who is appointed to fill a vacancy under subparagraph 7,d7 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,d7 ,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,c71 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,e7 ,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 ,panel consisting of an odd number of individuals selected by the ,president4 7ii7 ,composition ,the ,blue ,ribbon ,advisory ,panel shall include individuals representing each major political party and individuals who are independent of a political party and 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 ,the ,president shall make reasonable efforts to encourage racial1 ethnic1 and gender diversity on the panel4 7iii7 ,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 7iv7 ,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 7v7 ,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 #bjbb1 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 #bjbb 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 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 appoint and remove the general counsel of the ,commission2 7ii7 to appoint and remove the director of enforcement of the ,commission with the concurrence of at least #b other members of the ,commission who are not affiliated with the same political party as the ,chair2 7iii7 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 7iv7 to administer oaths or affirmations2 7v7 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 7vi7 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 7iv72 and 7vii7 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 relief7 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 #aihf1 through its director of enforcement2 7,b7 to defend 7in the case of any civil action brought under section #cji7;a77#h7 of this ,act7 or appeal 7including a proceeding before the ,supreme ,court on certiorari7 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 #aihf1 through its general counsel2 7,c7 to render advisory opinions under section #cjh of this ,act2 7,d7 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,e7 to oversee investigations conducted by the director of enforcement2 7,f7 to conduct hearings expeditiously1 to encourage voluntary compliance1 and to report apparent violations to the appropriate law enforcement authorities2 and 7,g7 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 striking the ,commission in the first sentence of paragraph 7#a7 and inserting the ,chair of the ,commission in consultation with the other members2 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 enforcement process 7a7 ,establishment of ,director of ,enforcement ,paragraph 7#a7 of section #cjf7;f7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;f77#a77 is amended to read as follows3 7#a7 ,the ,commission shall have the following3 7,a7 ,a staff director who-- 7i7 shall be appointed by the ,chair of the ,commission in consultation with the other members2 and 7ii7 except as provided in subparagraph 7,c71 may1 with the approval of the ,chair of the ,commission1 appoint and fix the pay of such additional personnel as he or she considers desirable without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 7,b7 ,a general counsel who shall be appointed by the ,chair of the ,commission in consultation with the other members4 7,c7 ,a director of enforcement who-- 7i7 shall be nominated by the ,chair and approved by a majority vote of the members of the ,commission who are serving at the time1 including an affirmative vote by at least #b members who are not affiliated with the same political party as the ,chair2 7ii7 shall serve for a term of #d years1 subject to renewal2 and 7iii7 may1 with the approval of the ,chair of the ,commission1 appoint and fix the pay of such additional personnel to assist with the duties of the director as he or she considers desirable without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service4 4 7b7 ,standard for initiating investigations and determining whether violations have occurred 7#a7 ,revision of standards ,section #cji7;a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;a77 is amended by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 7,a7 ,the director of enforcement1 upon receiving a complaint filed with the ,commission under paragraph 7#a7 or upon the basis of information ascertained by the ,commission in the normal course of carrying out its supervisory responsibilities1 shall make a determination as to whether or not there is reason to believe that a person has committed1 or is about to commit1 a violation of this ,act or chapter #ie or chapter #if of the ,internal ,revenue ,code of #aihf1 and as to whether or not the ,commission should either initiate an investigation of the matter or that the complaint should be dismissed4 ,the director of enforcement shall promptly provide notification to the ,commission of such determination and the reasons therefore1 together with any written response submitted under paragraph 7#a7 by the person alleged to have committed the violation4 ,upon the expiration of the #cj-;day period which begins on the date the director of enforcement provides such notification1 the director's determination shall take effect1 unless during such #cj-;day period the ,commission1 by vote of a majority of the members of the ,commission who are serving at the time1 overrules the director's determination4 ,if the determination by the director of enforcement that the ,commission should investigate the matter takes effect1 or if the determination by the director of enforcement that the complaint should be dismissed is overruled as provided under the previous sentence1 the director of enforcement shall initiate an investigation of the matter on behalf of the ,commission4 7,b7 ,if the ,commission initiates an investigation pursuant to subparagraph 7,a71 the ,commission1 through the ,chair1 shall notify the subject of the investigation of the alleged violation4 ,such notification shall set forth the factual basis for such alleged violation4 ,the ,commission shall make an investigation of such alleged violation1 which may include a field investigation or audit1 in accordance with the provisions of this section4 ,the director of enforcement shall provide notification to the ,commission of any intent to issue a subpoena or conduct any other form of discovery pursuant to the investigation4 ,upon the expiration of the #ae-;day period which begins on the date the director of enforcement provides such notification1 the director of enforcement may issue the subpoena or conduct the discovery1 unless during such #ae-;day period the ,commission1 by vote of a majority of the members of the ,commission who are serving at the time1 prohibits the director of enforcement from issuing the subpoena or conducting the discovery4 7#c7 7,a7 ,upon completion of an investigation under paragraph 7#b71 the director of enforcement shall promptly submit to the ,commission the director'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 committed1 or is about to commit1 a violation of this ,act or chapter #ie or chapter #if of the ,internal ,revenue ,code of #aihf1 and shall include with the recommendation a brief stating the position of the director of enforcement on the legal and factual issues of the case4 7,b7 ,at the time the director of enforcement submits to the ,commission the recommendation under subparagraph 7,a71 the director of enforcement shall simultaneously notify the respondent of such recommendation and the reasons therefore1 shall provide the respondent with an opportunity to submit a brief within #cj days stating the position of the respondent on the legal and factual issues of the case and replying to the brief of the director of enforcement4 ,the director of enforcement and shall promptly submit such brief to the ,commission upon receipt4 7,c7 ,not later than #cj days after the director of enforcement submits the recommendation to the ,commission under subparagraph 7,a7 7or1 if the respondent submits a brief under subparagraph 7,b71 not later than #cj days after the director of enforcement submits the respondent's brief to the ,commission under such subparagraph71 the ,commission shall approve or disapprove the recommendation by vote of a majority of the members of the ,commission who are serving at the time4 ,in the case of a tie vote1 the ,commission shall be considered to have adopted the recommendation4 4 7#b7 ,conforming amendment relating to ,initial response to filing of complaint ,section #cji7;a77#a7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#a77 is amended-- 7,a7 in the third sentence1 by striking the ,commission and inserting the director of enforcement2 and 7,b7 by amending the fourth sentence to read as follows3 ,not later than #ae days after receiving notice from the director of enforcement under the previous sentence1 the person may provide the director of enforcement with a written response that no action should be taken against such person on the basis of the complaint44 7c7 ,revision of standard for review of dismissal of complaints 7#a7 ,in general ,section #cji7;a77#h7 of such ,act 7#eb ,u4,s4,c4 #cjaji7;a77#h77 is amended to read as follows3 7#h7 7,a7 7i7 ,any party aggrieved by an action of the ,commission 7including a determination of the director of enforcement which is not overruled by the ,commission7 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 ,columbia4 ,any petition under this subparagraph shall be filed within #fj days after the date on which the party received notice of the dismissal of the complaint4 7ii7 ,in any proceeding under this subparagraph1 the court shall determine by de novo review whether the dismissal of the complaint is contrary to law4 ,in any matter in which the penalty for the alleged violation is greater than #ej1jjj1 the court should disregard any claim or defense by the ,commission of prosecutorial discretion as a basis for dismissing the complaint4 7,b7 7i7 ,any party who has filed a complaint with the ,commission and who is aggrieved by a failure of the ,commission1 within one year after the filing of the complaint1 to either dismiss the complaint or to find reason to believe a violation has occurred or is about to occur1 may file a petition with the ,united ,states ,district ,court for the ,district of ,columbia4 7ii7 ,the ,commission may submit under seal an ex parte request for a temporary stay of any proceeding initiated under clause 7i71 and the court may grant such request if it determines that the investigation of the complaint by the ,commission is being held in abeyance on a reasonable basis4 7iii7 ,in any proceeding under this subparagraph1 except in the case of a stay granted under clause 7ii71 the court shall treat the failure to act on the complaint as a dismissal of the complaint1 and shall determine by de novo review whether the agency's failure to act on the complaint is contrary to law4 7,c7 ,in any proceeding under this paragraph the court may declare that the dismissal of the complaint or the failure to act is contrary to law1 and may direct the ,commission to conform with such declaration within #cj days1 failing which the complainant may bring1 in the name of such complainant1 a civil action to remedy the violation involved in the original complaint4 4 7#b7 ,effective date ,the amendments made by paragraph 7#a7 shall apply-- 7,a7 in the case of complaints which are dismissed by the ,federal ,election ,commission1 with respect to complaints which are dismissed on or after the date of the enactment of this ,act2 and 7,b7 in the case of complaints upon which the ,federal ,election ,commission failed to act1 with respect to complaints which were filed on or after the date of the enactment of this ,act4 #e4 ,restoring the ,commission's random audit authority ,section #caa7;b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaaa7;a77 is amended to read as follows3 7b7 ,audits 7#a7 ,in general ,the ,commission shall conduct audits and field investigations of not less than #aj percent of political committees required to file a report under section #cjd of this ,act4 ,such audits and field investigations shall be conducted proportionally among-- 7,a7 authorized committees of candidates2 7,b7 political committees established and maintained by political parties2 7,c7 political committees not described in subparagraph 7,a7 or 7,b7 that accepts donations or contributions that do not comply with the limitations1 prohibitions1 and reporting requirements of this ,act2 and 7,d7 political committees not described in subparagraph 7,a71 7,b71 or 7,c74 7#b7 ,priority ,all audits and field investigations concerning the verification for1 and receipt and use of1 any payments received by a candidate or committee under chapter #ie or chapter #if of the ,internal ,revenue ,code of #aihf shall be given priority4 7#c7 ,determination of violations ,the ,commission shall establish materiality thresholds with respect to the enforcement of a violation of any provision of this ,act which is discovered during an audit conducted under this subsection4 4 #f4 ,permanent extension of administrative penalty authority 7a7 ,extension of authority ,section #cji7;a77#d77;,c77v7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaji7;a77#d77;,c77v77 is amended by striking 1 and that end on or before ,december #ca1 #bjbc4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on ,december #ca1 #bjai4 #g4 ,permitting appearance at hearings on requests for advisory opinions by persons opposing the requests 7a7 ,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 7b7 ,effective date ,the amendment made by subsection 7a7 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 #h4 ,revising prohibitions on fraudulent misrepresentation of campaign authority ,section #cbb of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabd7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking who is a candidate for ,federal office or an employee or agent of such a candidate in the matter preceding paragraph 7#a72 7,b7 by striking other candidate or political party or employee or agent thereof on a matter which is damaging to such other candidate or political party or employee or agent thereof and inserting candidate1 political party1 other real or fictitious political committee or organization1 or employee or agent or any of the foregoing12 and 7#b7 in subsection 7b77#a71 by striking candidate or political party or employee or agent thereof and inserting candidate1 political party1 other real or fictitious committee or organization1 or employee or agent of any of the foregoing4 #i4 ,prohibiting fraudulent ,,pac practices 7a7 ,in general 7#a7 ,prohibition ,section #cac of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaad7 is amended by adding at the end the following new subsection3 7d7 ,prohibited uses by other political committees 7#a7 ,in general ,a contribution or donation that is made to a political committee and is not described in subsection 7a7 shall not be converted to personal use 7including any use described in subparagraphs 7,a7 through 7,i7 of subsection 7b77#b774 7#b7 ,self-,dealing 7,a7 ,in general ,for purposes of paragraph 7#a71 a contribution or donation shall be presumed to be converted to personal use if the contribution or donation is used to make a significant disbursement to a controlling person4 7,b7 ,rebuttal ,the presumption in subparagraph 7,a7 may be rebutted only upon a showing that-- 7i7 the significant disbursement to the controlling person is a bona fide payment for goods or services at no greater than fair market value2 7ii7 the significant disbursement was negotiated at arms' length by and approved by an agent of the committee who-- 7,i7 was neither the controlling person nor in an employment relationship directly or indirectly subject to the direction or control of the controlling person2 7,,ii7 relied upon appropriate data as to fair market value prior to approving the disbursement2 and 7,,iii7 documented the basis for the approval determination concurrently with making that determination2 and 7iii7 at the time the significant disbursement was made1 the aggregate total of itemized contributions to the committee during the election cycle exceeded the aggregate total of disbursements to controlling persons by the committee during the election cycle4 7,c7 ,definitions ,for purposes of this paragraph3 7i7 ,controlling person ,the term controlling person means any person who has authority or ability to direct or control the committee's disbursements1 any family member or business partner of such person1 and any corporation 7whether for-profit or not-for-profit1 but not including publicly traded corporations71 limited liability company1 partnership1 trust1 bank or financial account1 or other entity owned or controlled in whole or in part by such person1 family member1 or business partner4 7ii7 ,significant disbursement ,the term significant disbursement means any disbursement to a person if-- 7,i7 such disbursement exceeds #a1jjj2 or 7,,ii7 such disbursement1 when aggregated with all other disbursements by the committee to the person within the calendar year1 exceeds #e1jjj4 4 7#b7 ,conforming amendment ,the heading for subsection 7b7 of section #cac of such ,act 7#eb ,u4,s4,c4 #cjaad7 is amended by inserting by candidates and office holders after ,prohibited uses4 7b7 ,reporting ,section #cjd7;b77#f77;,b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7;b77#f77;,b77 is amended by striking and at the end of clause 7iv71 by inserting and at the end of clause 7v71 and by adding at the end the following new clause3 7vi7 person who during the reporting period received a disbursement that constituted a significant disbursement to a controlling person within the meaning of section #cac7;b77#b71 together with the date1 amount1 and purpose of the significant disbursement and a sworn statement demonstrating that the requirements of #cac7;b77#b77;,b7 were satisfied2 4 7c7 ,study on additional measures ,not later than #abj days after the enactment of this ,act1 the ,chairman of the ,federal ,trade ,commission and the ,chairman of the ,federal ,election ,commission shall jointly submit to ,congress a report on measures that should be taken by ,congress or the ,federal ,election ,commission to limit fraudulent solicitations by political committees4 7d7 ,effective ,date ,the amendments made by this section shall apply to disbursements made after the date of the enactment of this ,act4 #aj4 ,prohibition on aiding or abetting the making of contributions in the name of another ,section #cbj of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjabb7 is amended-- 7#a7 by striking ,no person and inserting the following3 7a7 ,in general ,no person 2 and 7#b7 by adding at the end the following3 7b7 ,aiding or abetting ,no person shall knowingly direct1 help1 or assist any person in making a contribution in the name of another4 4 #aa4 ,rules relating to conversion of campaign funds ,section #cac7;b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaad7;b77 is amended-- 7#a7 in paragraph 7#a71 by inserting and any other contribution or donation accepted by a political committee after subsection 7a72 and 7#b7 in paragraph 7#b7-- 7,a7 by inserting 1 in the case of a contribution or donation described in subsection 7a71 after if2 7,b7 by striking including and inserting and1 in the case of any other contribution or donation accepted by a political committee1 the contribution or amount is used to fulfill any commitment1 obligation1 or expense of a person that would exist irrespective of such political committee's political activities4 ,conversion to personal use shall include2 7,c7 by striking subparagraph 7,c7 and inserting the following3 7,c7 an automobile expense that is not related to a campaign or the political activities of the committee2 2 7,d7 in subparagraph 7,e71 by striking non-campaign-related trip and inserting trip not related to a campaign or the political activities of the committee2 and 7,e7 in subparagraph 7,h71 by inserting or the political activities of the committee after election campaign4 #ab4 ,increasing and indexing for inflation registration and reporting thresholds 7a7 ,registration thresholds ,section #cja7d7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7d77 is amended-- 7#a7 in subparagraph 7,a71 by striking #a1jjj each place it appears and inserting #e1jjj2 7#b7 in subparagraph 7,c7-- 7,a7 by striking receives contributions aggregating in excess of #e1jjj during a calendar year1 or2 7,b7 by striking 1 or makes contributions in excess of #a1jjj and inserting or makes contributions in excess of #e1jjj2 and 7,c7 by striking or makes expenditures aggregating in excess of #a1jjj during a calendar year2 and 7#c7 by adding at the end the following new flush sentence3 ,in any calendar year after #bjbj1 section #cae7;c77#a77;,b7 shall apply to each amount described in subparagraphs 7,a7 and 7,c7 of this paragraph in the same manner as such section applies to the limitations established under subsections 7a77#a77;,a71 7a77#a77;,b71 7a77#c71 and 7h7 of such section1 except that for purposes of applying such section to the amounts described in subparagraphs 7,a7 and 7,c7 of this paragraph1 the base period shall be #bjbj4 4 7b7 ,reporting thresholds 7#a7 ,modification of independent expenditure reporting threshold ,section #cjd7;c77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7;c77#a77 is amended by striking #bej in paragraph 7#a7 and inserting #a1jjj4 7#b7 ,inflation adjustment ,section #cjd of such ,act 7#eb ,u4,s4,c4 #cjajd7 is amended by adding at the end the following new subsection3 7j7 ,inflation adjustments 7#a7 ,in general ,in any odd-numbered calendar year after #bjbj-- 7,a7 each of the dollar amounts described in paragraph 7#b7 shall be increased by the percent difference determined under section #cae7;c77#a77;,a7 7applied as if the base period was calendar year #bjbj72 7,b7 each amount so increased shall remain in effect for the #b-year period beginning on the first day following the date of the last general election in the year preceding the year in which the amount is increased and ending on the date of the next general election2 and 7,c7 if any amount after adjustment under subparagraph 7,a7 is not a multiple of #ajj1 such amount shall be rounded to the nearest multiple of #ajj4 7#b7 ,dollar amounts described ,the dollar amounts described in this paragraph are the following3 7,a7 ,each of the #ajj1jjj amounts in clauses 7i7 and 7iii7 of subsection 7a77#c77;,a74 7,b7 ,the #a1jjj amount in subsection 7a77#f77;,a74 7,c7 ,each of the #bjj amounts in subparagraphs 7,a71 7,f71 and 7,g7 of subsection 7b77#c74 7,d7 ,the #bjj amount in subsection 7b77#e77;,a74 7,e7 ,each of the #bjj amounts in subparagraphs 7,a71 7,b77iii71 and 7,b77v7 of subsection 7b77#f74 7,f7 ,the #a1jjj amount in subsection 7c77#a74 7,g7 ,the #bjj amount in subsection 7c77#b77;,c74 7,h7 ,the #e1jjj amount in subsection 7e77#b77;,a74 7,i7 ,the #bjj amount in subsection 7e77#c74 7,j7 ,each of the #aj1jjj amounts in paragraphs 7#a71 7#d77;,a7 and 7#d77;,b7 of subsection 7f74 7,k7 ,the #bjj amount in subsection 7f77#b77;,c74 7,l7 ,each of the #a1jjj amounts in subparagraphs 7,e7 and 7,f7 of subsection 7f77#b77;,c74 7,m7 ,each of the #a1jjj amounts in subparagraphs 7,a7 and 7,b7 of subsection 7g77#a74 7,n7 ,each of the #aj1jjj amounts in subparagraphs 7,a7 and 7,b7 of subsection 7g77#b74 4 7c7 ,effective date ,the amendments made by this section shall apply to calendar years beginning after ,december #ca1 #bjai4 #ac4 ,permitting political committees to make disbursements by methods other than check ,section #cjb7;h77#a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajb7;h77#a7 is amended by striking the last sentence and inserting the following3 ,no disbursements may be made 7other than petty cash disbursements under paragraph 7#b77 by such committee except from such accounts44 #ad4 ,electronic filing of electioneering communication reports ,section #cjd7;a77#aa77;,a77i7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjajd7;a77#aa77;,a77i77 is amended by striking or expenditures and inserting 1 expenditures1 or disbursements for electioneering communications4 #ae4 ,effective date2 transition 7a7 ,in ,general ,except as otherwise provided1 the amendments made by this ,act shall apply beginning ,january #a1 #bjbb4 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 #bjba1 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 #bjba1 including any investigation initiated by the ,commission prior to such date or any proceeding 7including any enforcement action7 pending as of such date4