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52 U.S.C. § 30106 — Federal Election Commission

Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30106 — Federal Election Commission

**(a) Establishment; membership; term of office; vacancies; qualifications; compensation; chairman and vice chairman** (1) There is established a commission to be known as the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and 6 members appointed by the President, by and with the advice and consent of the Senate. No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party. (2) (A) Members of the Commission shall serve for a single term of 6 years, except that of the members first appointed— (i) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977; (ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979; and (iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981. (B) A member of the Commission may serve on the Commission after the expiration of his or her term until his or her successor has taken office as a member of the Commission. (C) 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 succeeds. (D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. (3) Members shall be chosen on the basis of their experience, integrity, impartiality, and good judgment and members (other than the Secretary of the Senate and the Clerk of the House

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Stable record: federal_law:legal_authorities:record_usc_373b882dc6bb9244b7a7610d
Source file: Laws/federal/codes/united-states-code/title-52/section-30106-federal-election-commission--c9a0dd91bf.md
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Source location: Title 52, Chapter 301, § 30106; chapter-301-federal-election-campaigns.md

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**(a) Establishment; membership; term of office; vacancies; qualifications; compensation; chairman and vice chairman** (1) There is established a commission to be known as the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and 6 members appointed by the President, by and with the advice and consent of the Senate. No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party. (2) (A) Members of the Commission shall serve for a single term of 6 years, except that of the members first appointed— (i) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977; (ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979; and (iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981. (B) A member of the Commission may serve on the Commission after the expiration of his or her term until his or her successor has taken office as a member of the Commission. (C) 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 succeeds. (D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. (3) Members shall be chosen on the basis of their experience, integrity, impartiality, and good judgment and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government. Such members 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 Commission shall terminate or liquidate such activity no later than 90 days after such appointment. (4) Members of the Commission (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall receive compensation equivalent to the compensation paid at level IV of the Executive Schedule ([5 U.S.C. 5315](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5315&num=0&edition=prelim)). (5) The Commission shall elect a chairman and a vice chairman from among its members (other than the Secretary of the Senate and the Clerk of the House of Representatives) for a term of one year. A member may serve as chairman only once during any term of office to which such member is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice chairman shall act as chairman in the absence or disability of the chairman or in the event of a vacancy in such office. **(b) Administration, enforcement, and formulation of policy; exclusive jurisdiction of civil enforcement; Congressional authorities or functions with respect to elections for Federal office** (1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and chapter 96 of title 26. The Commission shall have exclusive jurisdiction with respect to the civil enforcement of such provisions. (2) Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office. **(c) Voting requirements; delegation of authorities** All decisions of the Commission with respect to the exercise of its duties and powers under the provisions of this Act shall be made by a majority vote of the members of the Commission. A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of [section 30107(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30107/a&num=0&edition=prelim) or with chapter 95 or chapter 96 of title 26. **(d) Meetings** The Commission shall meet at least once each month and also at the call of any member. **(e) Rules for conduct of activities; judicial notice of seal; principal office** The Commission shall prepare written rules for the conduct of its activities, shall have an official seal which shall be judicially noticed, and shall have its principal office in or near the District of Columbia (but it may meet or exercise any of its powers anywhere in the United States). **(f) Staff director and general counsel; appointment and compensation; appointment and compensation of personnel and procurement of intermittent services by staff director; use of assistance, personnel, and facilities of Federal agencies and departments; counsel for defense of actions** (1) The Commission shall have a staff director and a general counsel who shall be appointed by the Commission. The staff director shall be paid at a rate not to exceed the rate of basic pay in effect for level IV of the Executive Schedule ([5 U.S.C. 5315](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5315&num=0&edition=prelim)). The general counsel shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule ([5 U.S.C. 5316](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5316&num=0&edition=prelim)). With the approval of the Commission, the staff director may appoint and fix the pay of such additional personnel as he or she considers desirable without regard to the provisions of title 5 governing appointments in the competitive service. (2) With the approval of the Commission, the staff director may procure temporary and intermittent services to the same extent as is authorized by [section 3109(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109/b&num=0&edition=prelim), but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule ([5 U.S.C. 5332](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim)). (3) In carrying out its responsibilities under this Act, the Commission shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities of other agencies and departments of the United States. The heads of such agencies and departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request. (4) Notwithstanding the provisions of paragraph (2), the Commission is authorized to appear in and defend against any action instituted under this Act, either (A) by attorneys employed in its office, or (B) by counsel whom it may appoint, on a temporary basis as may be necessary for such purpose, without regard to the provisions of title 5 governing appointments in the competitive service, and whose compensation it may fix without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title. The compensation of counsel so appointed on a temporary basis shall be paid out of any funds otherwise available to pay the compensation of employees of the Commission.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5316 — Positions at level V

Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5315 — Positions at level IV

Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 437c — Transferred

### Statutory Notes #### Codification Section 437c was editorially reclassified as [section 30106 of Title 52](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30106&num=0&edition=prelim), Voting and Elections.

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30101 — Definitions

When used in this Act: (1) The term “election” means— (A) a general, special, primary, or runoff election; (B) a convention or caucus of a political party which has authority to nominate a candidate; (C) a primary election held for the selection of delegates to a national nominating convention of a political party; and (D) a primary election held for the expression of a preference for the nomination of individuals for election to the office of President. (2) The term “candidate” means an individual who seeks nomination for election, or election, to Federal office, and for purposes of this paragraph, an individual shall be deemed to seek nomination for election, or election— (A) if such individual has received contributions aggregating in excess of $5,000 or has made expenditures aggregating in excess of $5,000; or (B) if such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received such contributions aggregating in excess of $5,000 or has made such expenditures aggregating in excess of $5,000. (3) The term “Federal office” means the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress. (4) The term “political committee” means— (A) any committee, club, association, or other group of persons which receives contributions aggregating in excess of $1,000 during a calendar year or which makes expenditures aggregating in excess of $1,000 during a calendar year; or (B) any separate segregated fund established under the provisions of [section 30118(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title52-section30118/b&num=0&edition=prelim);

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5332 — The General Schedule

**(a)** (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. **(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30109 — Enforcement

**(a) Administrative and judicial practice and procedure** (1) Any person who believes a violation of this Act or of chapter 95 or chapter 96 of title 26 has occurred, may file a complaint with the Commission. Such complaint shall be in writing, signed and sworn to by the person filing such complaint, shall be notarized, and shall be made under penalty of perjury and subject to the provisions of [section 1001 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1001&num=0&edition=prelim). Within 5 days after receipt of a complaint, the Commission shall notify, in writing, any person alleged in the complaint to have committed such a violation. Before the Commission conducts any vote on the complaint, other than a vote to dismiss, any person so notified shall have the opportunity to demonstrate, in writing, to the Commission within 15 days after notification that no action should be taken against such person on the basis of the complaint. The Commission may not conduct any investigation or take any other action under this section solely on the basis of a complaint of a person whose identity is not disclosed to the Commission. (2) If the Commission, upon receiving a complaint under paragraph (1) or on the basis of information ascertained in the normal course of carrying out its supervisory responsibilities, determines, by an affirmative vote of 4 of its members, that it has reason to believe that a person has committed, or is about to commit, a violation of this Act or chapter 95 or chapter 96 of title 26, the Commission shall, through its chairman or vice chairman, notify the person of the alleged violation. Such notification shall set forth the factual basis for such alleged violation. The Commission shall make an investigation of su

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Federal law — U.S. Code and appendices · legal_authorities

52 U.S.C. § 30110 — Judicial review

The Commission, the national committee of any political party, or any individual eligible to vote in any election for the office of President may institute such actions in the appropriate district court of the United States, including actions for declaratory judgment, as may be appropriate to construe the constitutionality of any provision of this Act. The district court immediately shall certify all questions of constitutionality of this Act to the United States court of appeals for the circuit involved, which shall hear the matter sitting en banc.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5315 — Positions at level IV

Page 563 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5315 rates of pay set out as a note under section 5332 of this title. For prior year salary increases per the recommenda- tion of the President, see Prior Salary Recommenda- tions notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjust- ments of pay and limitations on use of funds to pay sal- aries in prior years, see notes under section 5318 of this title. Executive Documents TRANSFER OF FUNCTIONS Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to Presi- dent by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title. § 5315. Positions at level IV Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by section 5318 of this title: Deputy Administrator of General Services. Associate Administrator of the National Aeronautics and Space Administration. Assistant Administrators, Agency for Inter- national Development (6). Regional Assistant Administrators, Agency for International Development (4). Assistant Secretaries of Agriculture (3). Assistant Secretaries of Commerce (11). Assistant Secretaries of Defense (19). Assistant Secretaries of the Air Force (5). Assistant Secretaries of the Army (5). Assistant Secretaries of the Navy (4). Assistant Secretaries of Health and Human Services (6). Assistant Secretaries of the Interior (

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5315

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5316 — Positions at level V

Page 576 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5316 istration shall receive compensation at the rate now or hereafter prescribed by law for positions of Level IV of the Executive Schedule Pay Rate (5 U.S.C. 5315).’’ TEMPORARY INCREASE IN NUMBER OF ASSISTANT SECRETARIES OF DEFENSE Number of Assistant Secretaries of Defense author- ized at level IV of Executive Schedule under this sec- tion to be increased by one (to a total of 12) until Jan. 20, 1989, see section 1311 of Pub. L. 100–180, set out as a note under section 138 of Title 10, Armed Forces. PAY INCREASE; EFFECTIVE DATE Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a posi- tion created or authorized by Pub. L. 92–302, not eligi- ble to an increase in basic pay until Jan. 21, 1973, see section 3(c) of Pub. L. 92–302, May 18, 1972, 86 Stat. 149. ASSOCIATE DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION Position of Associate Director of Federal Bureau of Investigation placed temporarily in level III during in- cumbency of incumbent on Aug. 14, 1964, by Pub. L. 88–426, Aug. 14, 1964, § 303(c)(46), 78 Stat. 417. SALARY INCREASES For adjustment of salaries under this section, see the executive order detailing the adjustment of certain rates of pay set out as a note under section 5332 of this title. For prior year salary increases per the recommenda- tion of the President, see Prior Salary Recommenda- tions notes under section 358 of Title 2, The Congress. For miscellaneous provisions dealing with adjust- ments of pay and limitations on use of funds to pay sal- aries in prior years, see notes under section 5318 of this title. Executive Documents TRANSFER OF FUNCTIONS Office of Emergency Preparedness, including offices of Director, Deputy

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5316

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5332 — The General Schedule

Page 587 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5332 equal to or greater than the rate of basic pay for level V of the Executive Schedule under section 5316 of this title or limited to a maximum rate equal to or greater than the rate of basic pay for such level V under sec- tion 5308 of this title or any other provision of law or congressional resolution. Similar provisions were contained in Pub. L. 96–369, § 101(c), Oct. 1, 1980, 94 Stat. 1352. FISCAL YEAR 1980 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR CERTAIN POSITIONS Pub. L. 96–86, § 101(c), Oct. 12, 1979, 93 Stat. 657, for the fiscal year 1980, prohibited the use of funds available for payment to executive employees, including Mem- bers of Congress, entitled under existing law to ap- proximately 12.9 percent increase in pay, to pay any such employee or official any sum in excess of 5.5 per- cent increase in existing pay, and such sum, if accept- ed, would be in lieu of the 12.9 percent due for such fis- cal year. FISCAL YEAR 1979 LIMITATION ON USE OF FUNDS FOR PAY ADJUSTMENTS FOR CERTAIN POSITIONS Pub. L. 95–429, title VI, § 613, Oct. 10, 1978, 92 Stat. 1017, prohibited the use of funds appropriated for the fiscal year ending Sept. 30, 1979, to pay the salary or pay of any individual in any office or position in the legislative, executive, or judicial branch, or in the gov- ernment of the District of Columbia, at a rate which exceeded the rate (or maximum rate, if higher) of sal- ary or basic pay payable for such office or position for Sept. 30, 1978, if the rate of salary or basic pay for such office or position was either fixed at a rate equal to or greater than the rate of basic pay for level V of the Ex- ecutive Schedule under section 5316 of this title or lim- ited to a

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