§ 437f. — Advisory opinions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC437f]
TITLE 2--THE CONGRESS
CHAPTER 14--FEDERAL ELECTION CAMPAIGNS
SUBCHAPTER I--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
Sec. 437f. Advisory opinions
(a) Requests by persons, candidates, or authorized committees; subject
matter; time for response
(1) Not later than 60 days after the Commission 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 written advisory
opinion relating to such transaction 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 requesting party, the
Commission shall render a written 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 established in section
438(d) of this title. No opinion of an advisory nature may be issued by
the Commission or any of its employees except in accordance 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 Commission under subsection
(a) of this section may be relied upon by--
(A) any person involved in the specific transaction or activity
with respect to which such advisory opinion is rendered; and
(B) any person involved in any specific transaction or activity
which is indistinguishable in all its material aspects from the
transaction 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 provisions 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 request made under subsection
(a) of this section 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, Sec. 308, formerly Sec. 313, as added Pub.
L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1283;
renumbered Sec. 312 and amended Pub. L. 94-283, title I, Secs. 105,
108(a), May 11, 1976, 90 Stat. 481, 482; renumbered Sec. 308 and amended
Pub. L. 96-187, title I, Secs. 105(4), 107(a), Jan. 8, 1980, 93 Stat.
1354, 1357; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)
References in Text
This Act, referred to in subsecs. (a)(1), (b), and (c)(2), means the
Federal Election Campaign Act of 1971, as amended, as defined by section
431 of this title.
Prior Provisions
A prior section 308 of Pub. L. 92-225 was classified to section 437b
of this title, prior to repeal by Pub. L. 96-187.
Another prior section 308 of Pub. L. 92-225 was classified to
section 437a of this title, prior to repeal by Pub. L. 94-283.
Another prior section 308 of Pub. L. 92-225 was renumbered section
311, and is classified to section 438 of this title.
Amendments
1986--Subsecs. (a)(1), (b), (c)(2). 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. 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 reasonable time in
response to a written request by any individual holding Federal office,
candidate for Federal office, any political committee or the national
committee of a political party, provisions requiring promulgation of a
rule or regulation pursuant to procedures established by section 438(c)
of this title, and prohibiting issuance of advisory opinions except in
accordance with the provisions of this section, and added par. (2).
Subsec. (b). Pub. L. 96-187, Sec. 107, struck out the par. (1) and
(2) designations and substituted provisions requiring any rule of law
not stated in this Act or chapter 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 provisions of this section for
provisions holding any person relying upon an advisory opinion free from
any sanction 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 opinion was rendered.
Subsec. (c). Pub. L. 96-187, Sec. 107, redesignated existing
provisions as par. (1), substituted provisions allowing reliance on any
advisory opinion by any person involved 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).
Subsec. (d). Pub. L. 96-187, Sec. 107, added subsec. (d).
1976--Subsec. (a). Pub. L. 94-283, Sec. 108(a), added national
committees of political parties to the enumeration of persons and
political bodies authorized to request advisory opinions, substituted
the application of general rules of law as stated in the Act or in
chapter 95 or 96 of title 26 or as prescribed by rules or regulations of
the Commission to specific factual situations for the resolution of the
question of whether or not any specific transaction or activity by an
individual, candidate, or political committee would constitute a
violation of the Act as the subject matter of advisory opinions, and
inserted requirement that rules or regulations forming the basis for
rules of law be rules or regulations proposed pursuant to section 438(c)
of this title and that advisory opinions be issued only in accordance
with the provisions of this section.
Subsec. (b). Pub. L. 94-283, Sec. 108(a), designated existing
provisions as par. (1), substituted provisions that any person who
relies upon any finding or provision of an advisory opinion in
accordance with the provisions of paragraph (2) and who acts in good
faith in accordance with the provisions and findings of the advisory
opinion shall not, as a result of that act, be subject to any sanctions
provided by the Act or by chapter 95 or 96 of title 26 for provisions
that any person with respect to whom an advisory opinion was rendered
under subsection (a) who acted in good faith in accordance with the
provisions and findings of an advisory opinion would be presumed to be
in compliance with the Act, and added par. (2).
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.
Conformance of Advisory Opinions Issued Prior to May 11, 1976, to
Requirements Imposed Under 1976 Amendments
Section 108(b) of Pub. L. 94-283 provided that: ``The Commission
shall, no later than 90 days after the date of the enactment of this Act
[May 11, 1976], conform the advisory opinions issued before such date of
enactment to the requirements established by section 312 (a) of the Act
[subsec. (a) of this section], as amended by subsection (a) of this
section. The provisions of section 312(b) of the Act [subsec. (b) of
this section], as amended by subsection (a) of this section, shall apply
with respect to all advisory opinions issued before the date of the
enactment of this Act as conformed to meet the requirements of section
312(a) of the Act, as amended by subsection (a) of this section.''
Section Referred to in Other Sections
This section is referred to in section 437d of this title.
