,,ii  #aagth ,,congress  #b;d ,session  
,s4 #ecca  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,december #ba1 
#bjbb,ms4 ,klobuchar introduced the     
following bill2 which was read twice and
 referred to the ,committee on ,rules   
and ,administration  ,a ,,bill  ,to     
reform the ,federal ,election           
,commission's enforcement processes and 
related provisions under the ,federal   
,election ,campaign ,act of #aiga4  #a4 
,short title ,this ,act may be cited as 
the ,campaign ,finance ,transparency    
,act4  #b4 ,revision to enforcement     
process  7a7 ,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 general counsel1 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 
general counsel 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 general counsel provides such      
notification1 the general counsel'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      
general counsel's determination4 ,if the
 determination by the general counsel   
that the ,commission should investigate 
the matter takes effect1 or if the      
determination by the general counsel    
that the complaint should be dismissed  
is overruled as provided under the      
previous sentence1 the general counsel  
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 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 investigation4 ,upon the expiration 
of the #ae-;day period which begins on  
the date the general counsel provides   
such notification1 the general counsel  
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 general counsel from     
issuing the subpoena or conducting the  
discovery4  7#c7 7,a7 ,upon completion  
of an investigation under paragraph     
7#b71 the general counsel shall make a  
determination as to whether or not there
 is 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 promptly submit such determination

 to the ,commission1 and shall include  
with the determination a brief stating  
the position of the general counsel on  
the legal and factual issues of the     
case4  7,b7 ,at the time the general    
counsel submits to the ,commission the  
determination under subparagraph 7,a71  
the general counsel shall simultaneously
 notify the respondent of such          
determination 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 general counsel4 ,the      
general counsel shall promptly submit   
such brief to the ,commission upon      
receipt4  7,c7 ,upon the expiration of  
the #cj-;day period which begins on the 
date the general counsel submits the    
determination to the ,commission under  
subparagraph 7,a7 7or1 if the respondent
 submits a brief under subparagraph     
7,b71 upon the expiration of the        

#cj-;day period which begins on the date
 the general counsel submits the        
respondent's brief to the ,commission   
under such subparagraph71 the general   
counsel'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 general counsel's        
determination4 ,if the determination by 
the general counsel that there is       
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 or if the determination 
by the general counsel that there is not
 probable cause that a person has       
committed or is about to commit such a  
violation is overruled as provided under
 the previous sentence1 for purposes of 
this subsection1 the ,commission shall  
be deemed to have determined that there 
is probable cause that the person has   

committed or is about to commit such a  
violation4  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 general   
counsel2 and  7,b7 by amending the      
fourth sentence to read as follows3 ,not
 later than #ae days after receiving    
notice from the general counsel under   
the previous sentence1 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 complaint44  7b7 ,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 order of the ,commission
 dismissing a complaint filed by such   
party 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 agency's 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 act on such complaint1 may file a   
petition with the ,united ,states       
,district ,court for the ,district of   
,columbia4  7ii7 ,in any proceeding     
under this subparagraph1 the court 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  7c7            

,regulations ,not later than #ahj days  
after the date of the enactment of this 
,act1 the ,federal ,election ,commission
 shall promulgate new regulations on the
 enforcement process under section #cji 
of the ,federal ,election ,campaign ,act
 of #aiga 7#eb ,u4,s4,c4 #cjaji7 to take
 into account the amendments made by    
this section4  #c4 ,official exercising 
the responsibilities of the general     
counsel ,section #cjf7;f77#a7 of the    
,federal ,election ,campaign ,act of    
#aiga 7#eb ,u4,s4,c4 #cjajf7;f77#a77 is 
amended by adding at the end the        
following new sentence3 ,in the event of
 a vacancy in the position of the       
general counsel1 the most senior        
attorney employed within the ,office of 
the ,general ,counsel at the time the   
vacancy arises shall exercise all the   
responsibilities of the general counsel 
until the vacancy is filled44  #d4      
,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  #e4

 ,permanent extension of administrative 
penalty 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  #f4      
,restrictions on ex parte communications
 ,section #cjf7;e7 of the ,federal      
,election ,campaign ,act of #aiga 7#eb  
,u4,s4,c4 #cjajf7;e77 is amended-- 7#a7 
by striking 7e7 ,the ,commission and    
inserting 7e77#a7 ,the ,commission2 and 
7#b7 by adding at the end the following 
new paragraph3  7#b7 ,members and       
employees of the ,commission shall be   
subject to limitations on ex parte      
communications1 as provided in the      
regulations promulgated by the          
,commission regarding such              
communications which are in effect on   
the date of the enactment of this       
paragraph4  4  #g4 ,clarifying authority
 of ,,fec attorneys to represent ,,fec  
in ,supreme ,court  7a7 ,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  7b7 ,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  #h4    
,requiring forms to permit use of accent
 marks  7a7 ,requirement ,section       
#caa7;a77#a7 of the ,federal ,election  
,campaign ,act of #aiga 7#eb ,u4,s4,c4  
#cjaaa7;a77#a77 is amended by striking  
the semicolon at the end and inserting  
the following3 1 and shall ensure that  
all such forms 7including forms in an   
electronic format7 permit the person    
using the form to include an accent mark

 as part of the person's                
identification24  7b7 ,effective date   
,the amendment made by subsection 7a7   
shall take effect upon the expiration of
 the #ij-;day period which begins on the
 date of the enactment of this ,act4    
#i4 ,extension of the statutes of       
limitations for offenses under the      
,federal ,election ,campaign ,act of    
#aiga  7a7 ,civil offenses ,section     
#cji7;a7 of the ,federal ,election      
,campaign ,act of #aiga 7#eb ,u4,s4,c4  
#cjaji7;a77 is amended by inserting     
after paragraph 7#i7 the following new  
paragraph3  7#aj7 ,no person shall be   
subject to a civil penalty under this   
subsection with respect to a violation  
of this ,act unless a complaint is filed
 with the ,commission with respect to   
the violation under paragraph 7#a71 or  
the ,commission responds to information 
with respect to the violation which is  
ascertained in the normal course of     
carrying out its supervisory            
responsibilities under paragraph 7#b71  

not later than #aj years after the date 
on which the violation occurred4  4  7b7
 ,criminal offenses ,section #djf7;a7 of
 such ,act 7#eb ,u4,s4,c4 #cjade7;a77 is
 amended by striking #e years and       
inserting #aj years4  7c7 ,effective    
date ,the amendments made by this       
section shall apply with respect to     
violations occurring on or after the    
date of enactment of this ,act4  #aj4   
,effective date2 transition  7a7 ,in    
,general ,except as otherwise provided1 
this ,act and the amendments made by    
this ,act shall take effect and apply on
 the date of the enactment of this ,act1
 without regard to whether or not the   
,federal ,election ,commission has      
promulgated regulations to carry out    
this ,act and the amendments made by    
this ,act4  7b7 ,transition  7#a7 ,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 

the date of the enactment of this ,act1 
including any investigation initiated by
 the ,commission prior to such date or  
any proceeding 7including any           
enforcement action7 pending as of such  
date4  7#b7 ,treatment of certain       
complaints ,if1 as of the date of the   
enactment of this ,act1 the general     
counsel of the ,federal ,election       
,commission has not made any            
recommendation to the ,commission under 
section #cji7;a7 of the ,federal        
,election ,campaign ,act of #aiga 7#eb  
,u4,s4,c4 #cjaji7 with respect to a     
complaint filed prior to the date of the
 enactment of this ,act1 this ,act and  
the amendments made by this ,act shall  
apply with respect to the complaint in  
the same manner as this ,act and the    
amendments made by this ,act apply with 
respect to a complaint filed on or after
 the date of the enactment of this ,act4