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26 U.S.C. § 9009Reports to Congress; regulations

submitted 55 years ago by Pub. L. 92-178 to r/title-26-INTERNAL-REVENUE-CODE · 448 words · no verdicts yet

in plain englishAI-generated · not legal advice

After each presidential election, the Federal Election Commission must report to Congress on campaign spending and public financing payments. The Commission can also write rules needed to do its job. But before any new rule takes effect, Congress must review it and can vote to block it.

(a) Reports As soon as practical after each presidential election, the Commission must send a full report to the Senate and House. The report must cover: the qualified campaign expenses of each party's candidates and their committees, in the detail the Commission thinks is needed; the amounts the Commission certified under section 9005 for payment to eligible candidates of each party; and any repayments required from candidates under section 9007, and why each repayment was required. Every report under this section must be printed as a Senate document. (b) Regulations, etc. The Commission can write rules and regulations — following the review process in subsection (c) — run examinations and audits (on top of the ones required by section 9007(a)), run investigations, and require people to keep and turn over records, books, and information. It can do all this whenever it decides it's needed to carry out its duties under this chapter. (c) Review of regulations (1) Before the Commission puts any new rule or regulation into effect, it must send a statement about it to both the Senate and the House. That statement must lay out the proposed rule and explain and justify it in detail. (2) If neither the House nor the Senate votes to disapprove the proposed rule within 30 legislative days of getting the statement, the Commission can go ahead and issue it. If a House committee reports a resolution about the rule, any member can move to take up that resolution at any later time — even if a similar motion already failed. That motion gets priority treatment: it can't be debated, no amendments are allowed, and the vote on it can't be reconsidered. The Commission cannot issue any rule that either the House or Senate votes to disapprove this way. (3) For this subsection, "legislative days" doesn't count any day when both houses of Congress are out of session. (4) For this subsection, a "rule or regulation" means one rule of law, or a group of related provisions that together state one rule of law, that can be separated out from the rest.
the actual law source: uscode.house.gov ↗public domain
(a) Reports

The Commission shall, as soon as practicable after each presidential election, submit a full report to the Senate and House of Representatives setting forth—

(1)

the qualified campaign expenses (shown in such detail as the Commission determines necessary) incurred by the candidates of each political party and their authorized committees;

(2)

the amounts certified by it under section 9005 for payment to the eligible candidates of each political party; and

(3)

the amount of payments, if any, required from such candidates under section 9007, and the reasons for each payment required.

Each report submitted pursuant to this section shall be printed as a Senate document.

(b) Regulations, etc.

The Commission is authorized to prescribe such rules and regulations in accordance with the provisions of subsection (c), to conduct such examinations and audits (in addition to the examinations and audits required by section 9007(a)), to conduct such investigations, and to require the keeping and submission of such books, records, and information, as it deems necessary to carry out the functions and duties imposed on it by this chapter.

(c) Review of regulations
(1)

The Commission, before prescribing any rule or regulation under subsection (b), shall transmit a statement with respect to such rule or regulation to the Senate and to the House of Representatives, in accordance with the provisions of this subsection. Such statement shall set forth the proposed rule or regulation and shall contain a detailed explanation and justification of such rule or regulation.

(2)

If either such House does not, through appropriate action, disapprove the proposed rule or regulation set forth in such statement no later than 30 legislative days after receipt of such statement, then the Commission may prescribe such rule or regulation. Whenever a committee of the House of Representatives reports any resolution relating to any such rule or regulation, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to. The Commission may not prescribe any rule or regulation which is disapproved by either such House under this paragraph.

(3)

For purposes of this subsection, the term “legislative days” does not include any calendar day on which both Houses of the Congress are not in session.

(4)

For purposes of this subsection, the term “rule or regulation” means a provision or series of interrelated provisions stating a single separable rule of law.

Source credit: (Added Pub. L. 92–178, title VIII, § 801, Dec. 10, 1971, 85 Stat. 569; amended Pub. L. 93–443, title IV, §§ 404(c)(12), (13), 406(b)(1), 409, Oct. 15, 1974, 88 Stat. 1292, 1293, 1296, 1303; Pub. L. 94–283, title III, § 304(a), May 11, 1976, 90 Stat. 498; Pub. L. 113–94, § 2(c)(1), Apr. 3, 2014, 128 Stat. 1085.)

history & why it existsrecord from the source credit
  • 1971Enacted · Pub. L. 92-178 · 85 Stat. 569
  • 1974Amended · Pub. L. 93-443 · 88 Stat. 1292, 1293, 1296, 1303
  • 1976Amended · Pub. L. 94-283 · 90 Stat. 498
  • 2014Amended · Pub. L. 113-94 · 128 Stat. 1085

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-178 on 1971-12-10.

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