52 U.S.C. § 30107 — Powers of Commission

Page 112 TITLE 52—VOTING AND ELECTIONS § 30107 subsection by section 105(6) of Pub. L. 96–187. See pre- ceding paragraph. Subsec. (f). Pub. L. 96–187, § 105(6), in par. (1) inserted ‘‘or she’’ after ‘‘as he’’; in par. (3) struck out ‘‘Govern- ment’’ after ‘‘United States’’; and added par. (4). 1976—Subsec. (a)(1). Pub. L. 94–283, § 101(a), changed provisions covering the appointment and confirmation of the six members of the Commission other than the Secretary of the Senate and the Clerk of the House of Representatives by substituting a requirement that they be appointed by the President of the United States, by and with the advice and consent of the Sen- ate, for a requirement that appointment be made by the President, the President pro tempore of the Senate, and the Speaker of the House, with confirmation by a majority of both Houses of the Congress, and made technical changes in the provisions covering the polit- ical affiliation of the six appointees so as to accommo- date the changed appointment and confirmation proce- dures. Subsec. (a)(2). Pub. L. 94–283, § 101(b), provided that members of the Commission serve for terms of 6 years, except that members first appointed serve for stag- gered terms as designated by the President, and in- serted provision that a member may serve on the Com- mission after the expiration of his term until his suc- cessor has taken office as a member of the Commission. Subsec. (a)(3). Pub. L. 94–283, § 101(c)(1), inserted pro- visions that Commission members may not engage in other businesses, vocations, or employment, but al- lowed appointees one year after beginning service as members of the Commission to terminate or liquidate other businesses, vocations, or employment which they may be engaged in when they begin their service as Commission members. Subsec. (b). Pub. L. 94–283, § 101(c)(2), designated exist- ing provisions as par. (1), substituted ‘‘chapter 95 and chapter 96 of title 26’’ for ‘‘sections 608, 610, 611, 613, 614, 615, 616, and 617 of Title 18’’ and ‘‘shall have exclusive primary jurisdiction’’ for ‘‘has primary jurisdiction’’, and added par. (2). Subsec. (c). Pub. L. 94–283, § 101(c)(3), provided that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to estab- lish guidelines for compliance with the provisions of this Act or with chapter 95 or chapter 96 of title 26, or for the Commission to take any action in accordance with paragraph (6), (7), (8), or (10) of section 437d(a) of this title. Subsec. (f)(1). Pub. L. 94–283, § 101(d), provided that the appointment and the fixing of pay of additional per- sonnel by the staff director may be done without regard to the provisions of title 5 governing appointments in the competitive service. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–61, title V, § 512(b), Oct. 10, 1997, 111 Stat. 1305, as amended by Pub. L. 105–119, title VI, § 631, Nov. 26, 1997, 111 Stat. 2523, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to individuals nominated by the President to be members of the Federal Election Com- mission after December 31, 1997 unless the President announced his intent to nominate the individual prior to November 30, 1997.’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of this title. EFFECTIVE DATE Section effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of this title. OPERATION OF FEDERAL ELECTION COMMISSION AFTER 1976 AMENDMENT OF FEDERAL ELECTION CAMPAIGN ACT; APPOINTMENT OF COMMISSION MEMBERS; TRANS- FER OF PERSONNEL, LIABILITIES, CONTRACTS, PROP- ERTY, AND RECORDS, OF COMMISSION; REFERENCES TO COMMISSION PRIOR TO AMENDMENT DEEMED REF- ERENCES TO COMMISSION AS CONSTITUTED AFTER 1976 AMENDMENT OF FEDERAL ELECTION CAMPAIGN ACT Pub. L. 94–283, title I, § 101(e)–(g), May 11, 1976, 90 Stat. 476, 477, provided for the transition of the Federal Election Commission as it was reconstituted under the Federal Election Campaign Act of 1971 as amended by Pub. L. 94–283 by providing for appointment of mem- bers, transfer of personnel, liabilities, contracts, prop- erty, and records, and savings provisions for orders, de- terminations, rules opinions, and proceedings issued, pending, or commenced before such amendments. TRANSITIONAL PROVISION PENDING APPOINTMENT AND QUALIFICATION OF MEMBERS AND GENERAL COUNSEL OF FEDERAL ELECTION COMMISSION AND TRANSFER OF RECORDS, DOCUMENTS, MEMORANDUMS, AND OTHER PAPERS Pub. L. 93–443, title II, § 208(b), Oct. 15, 1974, 88 Stat. 1286, provided transitional authority for the Comp- troller General, the Secretary of the Senate, and the Clerk of the House of Representatives pending the ap- pointment and qualification of the members and gen- eral counsel of the Federal Election Commission and authority for transfer of records, documents, memoran- dums, and other papers to the Commission. § 30107. Powers of Commission (a) Specific authorities The Commission has the power— (1) to require by special or general orders, any person to submit, under oath, such writ- ten reports and answers to questions as the Commission may prescribe; (2) to administer oaths or affirmations; (3) to require by subpena, signed by the chairman or the vice chairman, the attend- ance and testimony of witnesses and the pro- duction of all documentary evidence relating to the execution of its duties; (4) in any proceeding or investigation, to order testimony to be taken by deposition be- fore any person who is designated by the Com- mission and has the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under paragraph (3); (5) to pay witnesses the same fees and mile- age as are paid in like circumstances in the courts of the United States; (6) to initiate (through civil actions for in- junctive, declaratory, or other appropriate re- lief), defend (in the case of any civil action brought under section 30109(a)(8) of this title) or appeal any civil action in the name of the Commission to enforce the provisions of this Act and chapter 95 and chapter 96 of title 26, through its general counsel; (7) to render advisory opinions under section 30108 of this title; (8) to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, as are Page 113 TITLE 52—VOTING AND ELECTIONS § 30107 necessary to carry out the provisions of this Act and chapter 95 and chapter 96 of title 26; and (9) to conduct investigations and hearings expeditiously, to encourage voluntary compli- ance, and to report apparent violations to the appropriate law enforcement authorities. (b) Judicial orders for compliance with subpenas and orders of Commission; contempt of court Upon petition by the Commission, any United States district court within the jurisdiction of which any inquiry is being carried on may, in case of refusal to obey a subpena or order of the Commission issued under subsection (a), issue an order requiring compliance. Any failure to obey the order of the court may be punished by the court as a contempt thereof. (c) Civil liability for disclosure of information No person shall be subject to civil liability to any person (other than the Commission or the United States) for disclosing information at the request of the Commission. (d) Concurrent transmissions to Congress or Member of budget estimates, etc.; prior sub- mission of legislative recommendations, tes- timony, or comments on legislation (1) Whenever the Commission submits any budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit a copy of such estimate or request to the Congress. (2) Whenever the Commission submits any leg- islative recommendation, or testimony, or com- ments on legislation, requested by the Congress or by any Member of the Congress, to the Presi- dent or the Office of Management and Budget, it shall concurrently transmit a copy thereof to the Congress or to the Member requesting the same. No officer or agency of the United States shall have any authority to require the Commis- sion to submit its legislative recommendations, testimony, or comments on legislation, to any office or agency of the United States for ap- proval, comments, or review, prior to the sub- mission of such recommendations, testimony, or comments to the Congress. (e) Exclusive civil remedy for enforcement Except as provided in section 30109(a)(8) of this title, the power of the Commission to initiate civil actions under subsection (a)(6) shall be the exclusive civil remedy for the enforcement of the provisions of this Act. (Pub. L. 92–225, title III, § 307, formerly § 311, as added Pub. L. 93–443, title II, § 208(a), Oct. 15, 1974, 88 Stat. 1282; renumbered § 310 and amended Pub. L. 94–283, title I, §§ 105, 107, 115(b), May 11, 1976, 90 Stat. 481, 495; renumbered § 307 and amended Pub. L. 96–187, title I, §§ 105(3), 106, Jan. 8, 1980, 93 Stat. 1354, 1356; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a)(6), (8), and (e), means the Federal Election Campaign Act of 1971, as defined by section 30101 of this title. CODIFICATION Section was formerly classified to section 437d of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification to this title. PRIOR PROVISIONS A prior section 307 of Pub. L. 92–225 was renumbered section 305, and is classified to section 30105 of this title. AMENDMENTS 1986—Subsec. (a)(6), (8). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. 1980—Subsec. (a). Pub. L. 96–187, § 106, in par. (1) sub- stituted ‘‘under oath, such written reports and answers to questions as the Commission may prescribe’’ for ‘‘in writing such reports and answers to questions as the Commission may prescribe’’ and struck out provision that such submission be made within such reasonable time and under oath as determined by the Commission; in par. (4) struck out ‘‘of this subsection’’ after ‘‘para- graph (3)’’; in par. (6) substituted ‘‘section 437g(a)(8)’’ for ‘‘section 437g(a)(9)’’, and substituted ‘‘to enforce the provisions of this Act’’ for ‘‘for the purpose of enforcing the provisions of this Act’’; struck out par. (9) relating to formulation of general policy respecting administra- tion of this Act and chapters 95 and 96 of title 26; and redesignated former par. (10) as (9). Subsec. (b). Pub. L. 96–187, § 106, reworded subsec. (b) without substantive changes. Subsec. (c). Pub. L. 96–187, § 106, reenacted subsec. (c) without change. Subsec. (d). Pub. L. 96–187, § 106, struck out ‘‘of the United States’’ after ‘‘President’’ in pars. (1) and (2). Subsec. (e). Pub. L. 96–187, § 106, substituted ‘‘section 437g(a)(8)’’ for ‘‘section 437g(a)(9)’’. 1976—Subsec. (a)(6). Pub. L. 94–283, § 107(b)(1), sub- stituted ‘‘civil actions’’ for ‘‘civil proceedings’’ and in- serted ‘‘(in the case of any civil action brought under section 437g(a) (9) of this title)’’ after ‘‘defend’’ and ‘‘and chapter 95 and chapter 96 of title 26’’ after ‘‘this Act’’. Subsec. (a)(7). Pub. L. 94–283, § 115(b), substituted ‘‘section 312’’ for ‘‘section 313’’ in the original to ac- commodate the renumbering of section 313 of Pub. L. 92–225 as section 312 of Pub. L. 92–225 by section 105 of Pub. L. 94–283. Since both the original and substituted references translate as ‘‘section 437f of this title’’ no change in text was required. Subsec. (a)(8). Pub. L. 94–283, § 107(a)(1), inserted ‘‘to develop such prescribed forms and to’’ before ‘‘to make, amend, and repeal’’ and inserted ‘‘and chapter 95 and chapter 96 of title 26’’ after ‘‘provisions of this Act’’. Subsec. (a)(9). Pub. L. 94–283, § 107(a)(2), substituted ‘‘and chapter 95 and chapter 96 of title 26; and’’ for ‘‘and sections 608, 610, 611, 613, 614, 615, 616, and 617 of title 18;’’. Subsecs. (a)(10), (11). Pub. L. 94–283, § 107(a)(3), redesig- nated par. (11) as par. (10). Former par. (10), which cov- ered the development of prescribed forms under sub- section (a)(1) of this section, was struck out. Subsec. (e). Pub. L. 94–283, § 107(b)(2), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–187 effective Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of this title. EFFECTIVE DATE Section effective Jan. 1, 1975, see section 410(a) of Pub. L. 93–443, set out as an Effective Date of 1974 Amendment note under section 30101 of this title. Page 114 TITLE 52—VOTING AND ELECTIONS § 30108 § 30108. Advisory opinions (a) Requests by persons, candidates, or author- ized committees; subject matter; time for re- sponse (1) Not later than 60 days after the Commis- sion receives from a person a complete written request concerning the application of this Act, chapter 95 or chapter 96 of title 26, or a rule or regulation prescribed by the Commission, with respect to a specific transaction or activity by the person, the Commission shall render a writ- ten advisory opinion relating to such trans- action or activity to the person. (2) If an advisory opinion is requested by a candidate, or any authorized committee of such candidate, during the 60-day period before any election for Federal office involving the request- ing party, the Commission shall render a writ- ten advisory opinion relating to such request no later than 20 days after the Commission receives a complete written request. (b) Procedures applicable to initial proposal of rules or regulations, and advisory opinions Any rule of law which is not stated in this Act or in chapter 95 or chapter 96 of title 26 may be initially proposed by the Commission only as a rule or regulation pursuant to procedures estab- lished in section 30111(d) of this title. No opinion of an advisory nature may be issued by the Com- mission or any of its employees except in ac- cordance with the provisions of this section. (c) Persons entitled to rely upon opinions; scope of protection for good faith reliance (1) Any advisory opinion rendered by the Com- mission under subsection (a) may be relied upon by— (A) any person involved in the specific trans- action or activity with respect to which such advisory opinion is rendered; and (B) any person involved in any specific transaction or activity which is indistinguish- able in all its material aspects from the trans- action or activity with respect to which such advisory opinion is rendered. (2) Notwithstanding any other provisions of law, any person who relies upon any provision or finding of an advisory opinion in accordance with the provisions of paragraph (1) and who acts in good faith in accordance with the provi- sions and findings of such advisory opinion shall not, as a result of any such act, be subject to any sanction provided by this Act or by chapter 95 or chapter 96 of title 26. (d) Requests made public; submission of written comments by interested public The Commission shall make public any re- quest made under subsection (a) for an advisory opinion. Before rendering an advisory opinion, the Commission shall accept written comments submitted by any interested party within the 10- day period following the date the request is made public. (Pub. L. 92–225, title III, § 308, formerly § 313, as added Pub. L. 93–443, title II, § 208(a), Oct. 15, 1974, 88 Stat. 1283; renumbered § 312 and amended Pub. L. 94–283, title I, §§ 105, 108(a), May 11, 1976, 90 Stat. 481, 482; renumbered § 308 and amended Pub. L. 96–187, title I, §§ 105(4), 107(a), Jan. 8, 1980, 93 Stat. 1354, 1357; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsecs. (a)(1), (b), and (c)(2), means the Federal Election Campaign Act of 1971, as defined by section 30101 of this title. CODIFICATION Section was formerly classified to section 437f of Title 2, The Congress, prior to editorial reclassification and renumbering as this section. Some section numbers referenced in amendment notes below reflect the classi- fication of such sections prior to their editorial reclas- sification to this title. PRIOR PROVISIONS A prior section 308 of Pub. L. 92–225 was classified to section 437b of Title 2, The Congress, prior to repeal by Pub. L. 96–187. Another prior section 308 of Pub. L. 92–225 was classi- fied to section 437a of Title 2, The Congress, prior to re- peal by Pub. L. 94–283. Another prior section 308 of Pub. L. 92–225 was renum- bered section 311, and is classified to section 30111 of this title. AMENDMENTS 1986—Subsecs. (a)(1), (b), (c)(2). Pub. L. 99–514 sub- stituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’, which for purposes of codifica- tion was translated as ‘‘title 26’’ thus requiring no change in text. 1980—Subsec. (a). Pub. L. 96–187, § 107, redesignated existing provisions as par. (1), substituted provisions requiring the Commission to render a written advisory opinion no later than 60 days after receiving a written request concerning the application of this Act, chapters 95 or 96 of title 26, or a rule or regulation for provisions requiring a written advisory opinion within a reason- able time in response to a written request by any indi- vidual holding Federal office, candidate for Federal of- fice, any political committee or the national com- mittee of a political party, provisions requiring pro- mulgation of a rule or regulation pursuant to proce- dures established by section 438(c) of this title, and pro- hibiting issuance of advisory opinions except in accord- ance with the provisions of this section, and added par. (2). Subsec. (b). Pub. L. 96–187, § 107, struck out the par. (1) and (2) designations and substituted provisions re- quiring any rule of law not stated in this Act or chap- ter 95 or 96 of title 26 be initially proposed as a rule or regulation pursuant to the procedures of section 438(d) of this title, and provisions prohibiting issuance of an advisory opinion except in accordance with the provi- sions of this section for provisions holding any person relying upon an advisory opinion free from any sanc- tion provided by this Act or chapter 95 or 96 of title 26, and provisions allowing reliance on an advisory opinion by any person involved in the specific transaction and any person involved in a transaction indistinguishable from the transaction with respect to which such opin- ion was rendered. Subsec. (c). Pub. L. 96–187, § 107, redesignated existing provisions as par. (1), substituted provisions allowing reliance on any advisory opinion by any person in- volved in the specific transaction or activity to which such opinion was rendered and any person involved in a transaction or activity indistinguishable from the transaction with respect to which such opinion was rendered for provisions mandating that any request for an advisory opinion be made public and allowing any interested party to transmit written comments to the Commission prior to the rendering of its opinion, and added par. (2).