52 U.S.C. § 30107 — Powers of Commission
submitted 52 years ago by Pub. L. 92-225 to r/title-52-VOTING-AND-ELECTIONS · 600 words · no verdicts yet
This law lists the FEC's investigative and enforcement powers. It can demand sworn reports, subpoena witnesses and documents, and sue in court to enforce election law. It must also send Congress its budget and legislative requests directly.
(a) Specific authorities. The Commission can: order anyone, through a special or general order, to submit sworn written reports and answer questions the Commission asks; give oaths or affirmations; subpoena, with the chairman's or vice chairman's signature, witnesses to testify and hand over documents related to its work; in a proceeding or investigation, have someone it designates take sworn depositions, and compel testimony and evidence the same way as under a subpoena; pay witnesses the same fees and travel costs paid in federal court; start civil lawsuits (for injunctions, declaratory relief, or other appropriate relief), defend lawsuits brought against it under section 30109(a)(8), or appeal any civil case — all through its general counsel — to enforce this Act and chapters 95 and 96 of title 26; issue advisory opinions under section 30108; create official forms and make, change, or repeal rules (following title 5's rulemaking procedures) needed to carry out this Act and chapters 95 and 96; and investigate and hold hearings quickly, encourage voluntary compliance, and report apparent violations to the right law-enforcement authorities.
(b) Judicial orders for compliance. If someone refuses to obey a Commission subpoena or order, the Commission can ask a federal district court where the investigation is happening to order that person to comply. Disobeying that court order can be punished as contempt of court.
(c) Civil liability for disclosure of information. No one can be sued by a private party for handing over information the Commission asked for — this protection doesn't cover lawsuits brought by the Commission or the United States itself.
(d) Budget and legislative submissions to Congress. Whenever the Commission sends a budget estimate or request to the President or the Office of Management and Budget, it must send Congress a copy at the same time. Whenever the Commission sends Congress-requested legislative recommendations, testimony, or comments on legislation to the President or the Office of Management and Budget, it must send Congress — or the specific member who asked — a copy at the same time. No federal officer or agency can require the Commission to get approval, comments, or review from any other office before sending its legislative recommendations, testimony, or comments on legislation to Congress.
(e) Exclusive civil remedy. Except for the special court-appeal right described in section 30109(a)(8), the Commission's power to bring civil lawsuits under subsection (a)(6) is the only way this Act's provisions can be civilly enforced.
The Commission has the power—
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;
to administer oaths or affirmations;
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;
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);
to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States;
to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), 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;
to render advisory opinions under section 30108 of this title;
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
to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities.
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.
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.
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.
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.
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.
Source credit: (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.)
- 1974Enacted · Pub. L. 92-225 · 88 Stat. 1282
- 1976Amended · Pub. L. 94-283 · 90 Stat. 481, 495
- 1980Amended · Pub. L. 96-187 · 93 Stat. 1354, 1356
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2095
A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-225 on 1974-10-15.
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