2-U.S.C.-437D
§437D – Powers of Commission
Pathway
Title 2 > Chapter 14 > Subchapter I > Section 437d
Details
- Reference: Section 437d
- Legend: §437D – Powers of Commission
- USCode Year: 2013
Provision Content
(a) Specific authorities
The Commission has the power—
(1) to require by special or general orders, any person to submit, under oath, such written 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 attendance and testimony of witnesses and the production 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 before any person who is designated by the Commission 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 mileage as are paid in like circumstances in the courts of the United States;
(6) to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under section 437g(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 437f 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 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 compliance, 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) of this section, 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 submission of legislative recommendations, testimony, 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 legislative recommendation, or testimony, or comments on legislation, requested by the Congress or by any Member of the Congress, to the President 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 Commission to submit its legislative recommendations, testimony, or comments on legislation, to any office or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress.
(e) Exclusive civil remedy for enforcement
Except as provided in section 437g(a)(8) of this title, the power of the Commission to initiate civil actions under subsection (a)(6) of this section 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.)
References in Text
This Act, referred to in subsecs. (a)(6), (8), and (e), means the Federal Election Campaign Act of 1971, as amended, as defined by section 431 of this title.
Prior Provisions
A prior section 307 of Pub. L. 92–225 was renumbered section 305, and is classified to section 437 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) substituted 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 paragraph (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 administration 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), substituted civil actions” for civil proceedings” and inserted (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 accommodate 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), redesignated par. (11) as par. (10). Former par. (10), which covered the development of prescribed forms under subsection (a)(1) of this section, was struck out.
Subsec. (e). Pub. L. 94–283, §107(b)(2), added subsec. (e).
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 431 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 431 of this title.
U.S. Encyclopedia of Law Coverage
Subchapter I – Disclosure of Federal Campaign Funds in the Legal Encyclopedia: Congress
In this entry about Subchapter I – Disclosure of Federal Campaign Funds, find legal reference material, bibliographies and premiere content related to congress in the American Encyclopedia of Law, presenting a comprehensive view of the United States congress-specific issues, written by authorities in the field.
Chapter 14 – Federal Election Campaigns in the Legal Encyclopedia: Federal Election Campaigns
In this entry about Chapter 14 – Federal Election Campaigns, find legal reference material, bibliographies and premiere content related to federal election campaigns in the American Encyclopedia of Law, presenting a comprehensive view of the United States federal election campaigns-specific issues, written by authorities in the field.
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