§ 437d. — Powers of Commission.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC437d]
TITLE 2--THE CONGRESS
CHAPTER 14--FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
Sec. 437d. 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 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, Sec. 307, formerly Sec. 311, as added Pub.
L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1282;
renumbered Sec. 310 and amended Pub. L. 94-283, title I, Secs. 105, 107,
115(b), May 11, 1976, 90 Stat. 481, 495; renumbered Sec. 307 and amended
Pub. L. 96-187, title I, Secs. 105(3), 106, Jan. 8, 1980, 93 Stat. 1354,
1356; Pub. L. 99-514, Sec. 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, Sec. 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, Sec. 106, reworded subsec. (b) without
substantive changes.
Subsec. (c). Pub. L. 96-187, Sec. 106, reenacted subsec. (c) without
change.
Subsec. (d). Pub. L. 96-187, Sec. 106, struck out ``of the United
States'' after ``President'' in pars. (1) and (2).
Subsec. (e). Pub. L. 96-187, Sec. 106, substituted ``section
437g(a)(8)'' for ``section 437g(a)(9)''.
1976--Subsec. (a)(6). Pub. L. 94-283, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.
Section Referred to in Other Sections
This section is referred to in section 437c of this title.
