§ 30106. Federal Election Commission

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1974

   Federal Election Campaign Act of 1971

   Pub. L. 92–225 title III § 306 · 86 Stat. 3

   Enacted · 52 U.S.C. § 30106

   Pub. L. 92–225, title III, § 306, formerly § 310, as added Pub. L. 93–443, title II, § 208(a), Oct. 15, 1974, 88 Stat. 1280

   Source evidence

   Code source credit
   Pub. L. 92–225, title III, § 306, formerly § 310, as added Pub. L. 93–443, title II, § 208(a), Oct. 15, 1974, 88 Stat. 1280

   Enacted provision · exact public law section
   Sec. 306. formal requirements respecting reports and statements (a) A report or statement required by this title to be filed by a treasurer of a political committee, a candidate, or by any other person, shall be verified by the oath or affirmation of the person filing such report or statement, taken before any officer authorized to administer oaths. (b) A copy of a report or statement shall be preserved by the person filing it for a period of time to be designated by the supervisory officer in a published regulation. (c) The supervisory officer may, by published regulation of general applicability, relieve any category of political committees of the obligation to comply with section 304 if such committee (1) primarily supports persons seeking State or local office, and does not substantially support candidates, and (2) does not operate in more than one State or on a statewide basis. (d) The supervisory officer shall, by published regulations of general applicability, prescribe the manner in which contributions and expenditures in the nature of debts and other contracts, agreements, and promises to make contributions or expenditures shall be reported. Such regulations shall provide that they be reported in separate schedules. In determining aggregate amounts of contributions and expenditures, amounts reported as provided in such regulations shall not be considered until actual payment is made.

2. 1976

   Federal Election Campaign Act Amendments of 1976

   Pub. L. 94–283 § 101(a) · 90 Stat. 475

   Substituted · 52 U.S.C. § 30106(a)(1)

   Pub. L. 94–283, § 101(a), changed provisions covering the appointment and confirmation of the six members of the Commission other than the Secretary of the Senate and the Clerk of the House of Representatives by substituting a requirement that they be appointed by the President of the United States, by and with the advice and consent of the Senate, for a requirement that appointment be made by the President, the President pro tempore of the Senate, and the Speaker of the House, with confirmation by a majority of both Houses of the Congress, and made technical changes in the provisions covering the political affiliation of the six appointees so as to accommodate the changed appointment and confirmation procedures

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 94–283, § 101(a), changed provisions covering the appointment and confirmation of the six members of the Commission other than the Secretary of the Senate and the Clerk of the House of Representatives by substituting a requirement that they be appointed by the President of the United States, by and with the advice and consent of the Senate, for a requirement that appointment be made by the President, the President pro tempore of the Senate, and the Speaker of the House, with confirmation by a majority of both Houses of the Congress, and made technical changes in the provisions covering the political affiliation of the six appointees so as to accommodate the changed appointment and confirmation procedures.

   Enacted provision · exact public law section
   (a) (1) The second sentence of section 309(a)(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437c(a)(1)), as redesignated by section 105 (hereinafter in this Act referred to as the “Act”), is amended to read as follows: “The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives, ex officio and without the right to vote, and 6 members appointed by the President of the United States, by and with the advice and consent of the Senate.”. (2) The last sentence of section 309(a)(1) of the Act (2 U.S.C. 437c(a)(1)), as redesignated by section 105, is amended to read as follows: “No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party.”.

3. 1976

   Federal Election Campaign Act Amendments of 1976

   Pub. L. 94–283 § 101(b) · 90 Stat. 475

   1. Amended · 52 U.S.C. § 30106(a)(2)

      Pub. L. 94–283, § 101(b), provided that members of the Commission serve for terms of 6 years, except that members first appointed serve for staggered terms as designated by the President

   2. Inserted · 52 U.S.C. § 30106(a)(2)

      Pub. L. 94–283, § 101(b), provided that members of the Commission serve for terms of 6 years, except that members first appointed serve for staggered terms as inserted provision that a member may serve on the Commission after the expiration of his term until his successor has taken office as a member of the Commission

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 94–283, § 101(b), provided that members of the Commission serve for terms of 6 years, except that members first appointed serve for staggered terms as designated by the President, and inserted provision that a member may serve on the Commission after the expiration of his term until his successor has taken office as a member of the Commission.

   Enacted provision · exact public law section
   (b) Section 309(a)1(2) of the Act (2 U.S.C. 437c (a)(2)), as redesignated by section 105, is amended to read as follows: “(2) (A) Members of the Commission shall serve for terms of Term. 6 years, except that of the members first appointed— “(i) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977; “(ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979: and “(iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981. “(B) A member of the Commission may serve on the Commission after the expiration of his term until his successor has taken office as a member of the Commission. “(C) An individual appointed to fill a vacancy occurring other than Vacancies. by the expiration of a term of office shall be appointed only for the unexpired term of the member he succeeds. “(D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment.”.

4. 1976

   Federal Election Campaign Act Amendments of 1976

   Pub. L. 94–283 § 101(c)(1) · 90 Stat. 475

   Inserted · 52 U.S.C. § 30106(a)(3)

   Pub. L. 94–283, § 101(c)(1), inserted provisions that Commission members may not engage in other businesses, vocations, or employment, but allowed appointees one year after beginning service as members of the Commission to terminate or liquidate other businesses, vocations, or employment which they may be engaged in when they begin their service as Commission members

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 94–283, § 101(c)(1), inserted provisions that Commission members may not engage in other businesses, vocations, or employment, but allowed appointees one year after beginning service as members of the Commission to terminate or liquidate other businesses, vocations, or employment which they may be engaged in when they begin their service as Commission members.

   Enacted provision · exact public law section
   (1) Section 309(a)(3) of the Act (2 U.S.C. 437c(a)(3)), as redesignated by section 105, is amended by adding at the end thereof Conflict-of-interest. the following new sentences: “Members of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time such individual begins to serve as a member of the Commission shall terminate or liquidate such activity no later than 1 year after beginning to serve as such a member.”.

5. 1976

   Federal Election Campaign Act Amendments of 1976

   Pub. L. 94–283 § 101(c)(2) · 90 Stat. 475

   1. Amended · 52 U.S.C. § 30106(b)

      Pub. L. 94–283, § 101(c)(2), designated existing provisions as par. (1)

   2. Substituted · 52 U.S.C. § 30106(b)

      Pub. L. 94–283, § 101(c)(2), substituted “chapter 95 and chapter 96 of title 26” for “sections 608, 610, 611, 613, 614, 615, 616, and 617 of Title 18”

   3. Substituted · 52 U.S.C. § 30106(b)

      Pub. L. 94–283, § 101(c)(2), substituted “shall have exclusive primary jurisdiction” for “has primary jurisdiction”

   4. Added · 52 U.S.C. § 30106(b)

      Pub. L. 94–283, § 101(c)(2), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 94–283, § 101(c)(2), designated existing provisions as par. (1), substituted “chapter 95 and chapter 96 of title 26” for “sections 608, 610, 611, 613, 614, 615, 616, and 617 of Title 18” and “shall have exclusive primary jurisdiction” for “has primary jurisdiction”, and added par. (2).

   Enacted provision · exact public law section
   (2) Section 309(b) of the Act (2 U.S.C. 437c(b)), as redesignated by section 105, is amended to read as follows: “(b) (1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 26 USC 9001, 9031. Jurisdiction. 95 and chapter 96 of the Internal Revenue Code of 1954. The Commission shall have exclusive primary jurisdiction with respect to the civil enforcement of such provisions. “(2) Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office.”.

6. 1976

   Federal Election Campaign Act Amendments of 1976

   Pub. L. 94–283 § 101(c)(3) · 90 Stat. 475

   Changed · 52 U.S.C. § 30106(c)

   Pub. L. 94–283, § 101(c)(3), provided that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to establish guidelines for compliance with the provisions of this Act or with chapter 95 or chapter 96 of title 26, or for the Commission to take any action in accordance with paragraph (6), (7), (8), or (10) of section 437d(a) of this title

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 94–283, § 101(c)(3), provided that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to establish guidelines for compliance with the provisions of this Act or with chapter 95 or chapter 96 of title 26, or for the Commission to take any action in accordance with paragraph (6), (7), (8), or (10) of section 437d(a) of this title.

   Enacted provision · exact public law section
   (3) The first sentence of section 399(c) of the Act (2 U.S.C. 437c (c)), as redesignated by section 105, is amended by inserting immediately before the period at the end thereof the following: Guidelines, approval. “, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to establish guidelines for compliance with the provisions of this Act or with chapter 95 or chapter 96 of the Internal Revenue Code of 1954, or for the Commission to take any action in accordance with paragraph (6), (7), (8), Post, p. 481, or (10) of section 310(a)”.

7. 1976

   Federal Election Campaign Act Amendments of 1976

   Pub. L. 94–283 § 101(d) · 90 Stat. 475

   Changed · 52 U.S.C. § 30106(f)(1)

   Pub. L. 94–283, § 101(d), provided that the appointment and the fixing of pay of additional personnel by the staff director may be done without regard to the provisions of title 5 governing appointments in the competitive service

   Source evidence

   Code amendment note
   Subsec. (f)(1). Pub. L. 94–283, § 101(d), provided that the appointment and the fixing of pay of additional personnel by the staff director may be done without regard to the provisions of title 5 governing appointments in the competitive service.

   Enacted provision · exact public law section
   (d) The last sentence of section 309(f)(1) of the Act (2 U.S.C. 437c(f)(1)), as redesignated by section 105, is amended by inserting immediately before the period the following: “without regard to the provisions of title 5, United States Code, governing appointments in the competitive service”.

8. 1980

   Federal Election Campaign Act Amendments of 1979

   Pub. L. 96–187 § 105(6) · 93 Stat. 1339

   1. Inserted · 52 U.S.C. § 30106(a)

      Pub. L. 96–187, § 105(6), in par. (1) inserted “or their designees,” before “ex officio”

   2. Struck and inserted · 52 U.S.C. § 30106(a)

      Pub. L. 96–187, § 105(6), in par. (1) struck out “of the United States” after “President”; in par. (2)(B) inserted “or her” after “his” in two places; in par. (2)(C) inserted “or she” after “he”; in par. (3) struck out “maturity” before “experience”

   3. Substituted · 52 U.S.C. § 30106(a)

      Pub. L. 96–187, § 105(6), in par. (1) substituted “and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission” for “and shall be chosen from among individuals who, at the time of their appointment”

   4. Substituted · 52 U.S.C. § 30106(a)

      Pub. L. 96–187, § 105(6), in par. (1) substituted “Such members of the Commission” for “Members of the Commission”

   5. Substituted · 52 U.S.C. § 30106(a)

      Pub. L. 96–187, § 105(6), in par. (1) substituted “of his or her appointment to the Commission” for “such individual begins to serve as a member of the Commission”

   6. Substituted · 52 U.S.C. § 30106(a)

      Pub. L. 96–187, § 105(6), in par. (1) substituted “A member may serve as Chairman only once” for “No member may serve as Chairman more often than once”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–187, § 105(6), in par. (1) inserted “or their designees,” before “ex officio”, and struck out “of the United States” after “President”; in par. (2)(B) inserted “or her” after “his” in two places; in par. (2)(C) inserted “or she” after “he”; in par. (3) struck out “maturity” before “experience”, substituted “and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission” for “and shall be chosen from among individuals who, at the time of their appointment”, substituted “Such members of the Commission” for “Members of the Commission” and substituted “of his or her appointment to the Commission” for “such individual begins to serve as a member of the Commission”; and in par. (5) substituted “A member may serve as Chairman only once” for “No member may serve as Chairman more often than once”.

   Enacted provision · exact public law section
   (6) by amending section 306, as so redesignated by section 105(a)(3), to read as follows: “Sec. 306. “federal election commission (a) (1) There is established a commission to be known as the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and 6 members appointed by the President, by and with the advice and consent of the Senate. No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party. “(2) (A) Members of the Commission shall serve for terms of 6 years, Terms. except that of the members first appointed— “(i) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977; “(ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979; and “(iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981. “(B) A member of the Commission may serve on the Commission after the expiration of his or her term until his or her successor has taken office as a member of the Commission. “(C) An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. “(D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. “(3) Members shall be chosen on the basis of their experience, Qualifications. integrity, impartiality, and good judgment and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government. Such members of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment. “(4) Members of the Commission (other than the Secretary of the Compensation. Senate and the Clerk of the House of Representatives) shall receive compensation equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315). “(5) The Commission shall elect a chairman and a vice chairman Chairman and vice chairman. from among its members (other than the Secretary of the Senate and the Clerk of the House of Representatives) for a term of one year. A member may serve as chairman only once during any term of office to which such member is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice chairman shall act as chairman in the absence or disability of the chairman or in the event of a vacancy in such office. “(b) (1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1954. The Commission 26 USC 9001 et seq., 9031 et seq. shall have exclusive jurisdiction with respect to the civil enforcement of such provisions. “(2) Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office. “(c) All decisions of the Commission with respect to the exercise of Decisionmaking. its duties and powers under the provisions of this Act shall be made by a majority vote of the members of the Commission. A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of Infra. 26 USC 9001 et seq., 9031 et seq. Meeting. section 307(a) of this Act or with chapter 95 or chapter 96 of the Internal Revenue Code of 1954. “(d) The Commission shall meet at least once each month and also at the call of any member. “(e) The Commission shall prepare written rules for the conduct of its activities, shall have an official seal which shall be judicially noticed, and shall have its principal office in or near the District of Columbia (but it may meet or exercise any of its powers anywhere in the United States). “(f) (1) The Commission shall have a staff director and a general counsel who shall be appointed by the Commission. The staff director shall be paid at a rate not to exceed the rate of basic pay in effect for level IV of the Executive Schedule (5 U.S.C. 5315). The general counsel shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316). With the approval of the Commission, the staff director may appoint and fix the pay of such additional personnel as he or she considers desirable without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. “(2) With the approval of the Commission, the staff director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule (5 U.S.C. 5332). “(3) In carrying out its responsibilities under this Act, the Commission shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities of other agencies and departments of the United States. The heads of such agencies and departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request. “(4) Notwithstanding the provisions of paragraph (2), the Commission is authorized to appear in and defend against any action instituted under this Act, either (A) by attorneys employed in its office, or (B) by counsel whom it may appoint, on a temporary basis as may be necessary for such purpose, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the 5 USC 5101 et seq., 5331. provisions of chapter 51 and subchapter III of chapter 53 of such title. The compensation of counsel so appointed on a temporary basis shall be paid out of any funds otherwise available to pay the compensation of employees of the Commission.”.

9. 1980

   Federal Election Campaign Act Amendments of 1979

   Pub. L. 96–187 § 105(6) · 93 Stat. 1339

   Substituted · 52 U.S.C. § 30106(b)(1)

   Pub. L. 96–187, § 105(6), substituted “exclusive jurisdiction” for “exclusive primary jurisdiction”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 96–187, § 105(6), substituted “exclusive jurisdiction” for “exclusive primary jurisdiction”.

   Enacted provision · exact public law section
   (6) by amending section 306, as so redesignated by section 105(a)(3), to read as follows: “Sec. 306. “federal election commission (a) (1) There is established a commission to be known as the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and 6 members appointed by the President, by and with the advice and consent of the Senate. No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party. “(2) (A) Members of the Commission shall serve for terms of 6 years, Terms. except that of the members first appointed— “(i) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977; “(ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979; and “(iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981. “(B) A member of the Commission may serve on the Commission after the expiration of his or her term until his or her successor has taken office as a member of the Commission. “(C) An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. “(D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. “(3) Members shall be chosen on the basis of their experience, Qualifications. integrity, impartiality, and good judgment and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government. Such members of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment. “(4) Members of the Commission (other than the Secretary of the Compensation. Senate and the Clerk of the House of Representatives) shall receive compensation equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315). “(5) The Commission shall elect a chairman and a vice chairman Chairman and vice chairman. from among its members (other than the Secretary of the Senate and the Clerk of the House of Representatives) for a term of one year. A member may serve as chairman only once during any term of office to which such member is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice chairman shall act as chairman in the absence or disability of the chairman or in the event of a vacancy in such office. “(b) (1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1954. The Commission 26 USC 9001 et seq., 9031 et seq. shall have exclusive jurisdiction with respect to the civil enforcement of such provisions. “(2) Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office. “(c) All decisions of the Commission with respect to the exercise of Decisionmaking. its duties and powers under the provisions of this Act shall be made by a majority vote of the members of the Commission. A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of Infra. 26 USC 9001 et seq., 9031 et seq. Meeting. section 307(a) of this Act or with chapter 95 or chapter 96 of the Internal Revenue Code of 1954. “(d) The Commission shall meet at least once each month and also at the call of any member. “(e) The Commission shall prepare written rules for the conduct of its activities, shall have an official seal which shall be judicially noticed, and shall have its principal office in or near the District of Columbia (but it may meet or exercise any of its powers anywhere in the United States). “(f) (1) The Commission shall have a staff director and a general counsel who shall be appointed by the Commission. The staff director shall be paid at a rate not to exceed the rate of basic pay in effect for level IV of the Executive Schedule (5 U.S.C. 5315). The general counsel shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316). With the approval of the Commission, the staff director may appoint and fix the pay of such additional personnel as he or she considers desirable without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. “(2) With the approval of the Commission, the staff director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule (5 U.S.C. 5332). “(3) In carrying out its responsibilities under this Act, the Commission shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities of other agencies and departments of the United States. The heads of such agencies and departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request. “(4) Notwithstanding the provisions of paragraph (2), the Commission is authorized to appear in and defend against any action instituted under this Act, either (A) by attorneys employed in its office, or (B) by counsel whom it may appoint, on a temporary basis as may be necessary for such purpose, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the 5 USC 5101 et seq., 5331. provisions of chapter 51 and subchapter III of chapter 53 of such title. The compensation of counsel so appointed on a temporary basis shall be paid out of any funds otherwise available to pay the compensation of employees of the Commission.”.

10. 1980

    Federal Election Campaign Act Amendments of 1979

    Pub. L. 96–187 § 105(6) · 93 Stat. 1339

    1. Substituted · 52 U.S.C. § 30106(c)

       Pub. L. 96–187, § 105(6), substituted “provisions of this Act” for “provisions of this subchapter” in first sentence

    2. Substituted · 52 U.S.C. § 30106(c)

       Pub. L. 96–187, § 105(6), substituted “A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of section 437d(a) of this title or with chapter 95 or chapter 96 of title 26.” for “except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to establish guidelines for compliance with the provisions of this Act or with chapter 95 or chapter 96 of title 26, or for the Commission to take any action in accordance with paragraph (6), (7), (8), or (10) of section 437d(a) of this title. A member of the Commission may not delegate to any person his vote or any decisionmaking authority or duty vested in the Commission by the provisions of this subchapter”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 96–187, § 105(6), substituted “provisions of this Act” for “provisions of this subchapter” in first sentence, and substituted “A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of section 437d(a) of this title or with chapter 95 or chapter 96 of title 26.” for “except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to establish guidelines for compliance with the provisions of this Act or with chapter 95 or chapter 96 of title 26, or for the Commission to take any action in accordance with paragraph (6), (7), (8), or (10) of section 437d(a) of this title. A member of the Commission may not delegate to any person his vote or any decisionmaking authority or duty vested in the Commission by the provisions of this subchapter”.

    Enacted provision · exact public law section
    (6) by amending section 306, as so redesignated by section 105(a)(3), to read as follows: “Sec. 306. “federal election commission (a) (1) There is established a commission to be known as the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and 6 members appointed by the President, by and with the advice and consent of the Senate. No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party. “(2) (A) Members of the Commission shall serve for terms of 6 years, Terms. except that of the members first appointed— “(i) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977; “(ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979; and “(iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981. “(B) A member of the Commission may serve on the Commission after the expiration of his or her term until his or her successor has taken office as a member of the Commission. “(C) An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. “(D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. “(3) Members shall be chosen on the basis of their experience, Qualifications. integrity, impartiality, and good judgment and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government. Such members of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment. “(4) Members of the Commission (other than the Secretary of the Compensation. Senate and the Clerk of the House of Representatives) shall receive compensation equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315). “(5) The Commission shall elect a chairman and a vice chairman Chairman and vice chairman. from among its members (other than the Secretary of the Senate and the Clerk of the House of Representatives) for a term of one year. A member may serve as chairman only once during any term of office to which such member is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice chairman shall act as chairman in the absence or disability of the chairman or in the event of a vacancy in such office. “(b) (1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1954. The Commission 26 USC 9001 et seq., 9031 et seq. shall have exclusive jurisdiction with respect to the civil enforcement of such provisions. “(2) Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office. “(c) All decisions of the Commission with respect to the exercise of Decisionmaking. its duties and powers under the provisions of this Act shall be made by a majority vote of the members of the Commission. A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of Infra. 26 USC 9001 et seq., 9031 et seq. Meeting. section 307(a) of this Act or with chapter 95 or chapter 96 of the Internal Revenue Code of 1954. “(d) The Commission shall meet at least once each month and also at the call of any member. “(e) The Commission shall prepare written rules for the conduct of its activities, shall have an official seal which shall be judicially noticed, and shall have its principal office in or near the District of Columbia (but it may meet or exercise any of its powers anywhere in the United States). “(f) (1) The Commission shall have a staff director and a general counsel who shall be appointed by the Commission. The staff director shall be paid at a rate not to exceed the rate of basic pay in effect for level IV of the Executive Schedule (5 U.S.C. 5315). The general counsel shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316). With the approval of the Commission, the staff director may appoint and fix the pay of such additional personnel as he or she considers desirable without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. “(2) With the approval of the Commission, the staff director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule (5 U.S.C. 5332). “(3) In carrying out its responsibilities under this Act, the Commission shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities of other agencies and departments of the United States. The heads of such agencies and departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request. “(4) Notwithstanding the provisions of paragraph (2), the Commission is authorized to appear in and defend against any action instituted under this Act, either (A) by attorneys employed in its office, or (B) by counsel whom it may appoint, on a temporary basis as may be necessary for such purpose, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the 5 USC 5101 et seq., 5331. provisions of chapter 51 and subchapter III of chapter 53 of such title. The compensation of counsel so appointed on a temporary basis shall be paid out of any funds otherwise available to pay the compensation of employees of the Commission.”.

11. 1980

    Federal Election Campaign Act Amendments of 1979

    Pub. L. 96–187 § 112(b) · 93 Stat. 1339

    Substituted · 52 U.S.C. § 30106(c)

    Pub. L. 96–187, § 112(b), purported to substitute “section 307(a)” for “section 310(a)”, referred to in text as “section 437d(a) of this title”. However, that substitution had been made in the general amendment of the subsection by section 105(6) of Pub. L. 96–187. See preceding paragraph

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 96–187, § 112(b), purported to substitute “section 307(a)” for “section 310(a)”, referred to in text as “section 437d(a) of this title”. However, that substitution had been made in the general amendment of the subsection by section 105(6) of Pub. L. 96–187. See preceding paragraph.

    Enacted provision · exact public law section
    (b) Section 306(c) of the Act, as so redesignated in section 105(a)(3), is amended by striking out “section 310(a)” and inserting in lieu thereof “section 307(a)”.

12. 1980

    Federal Election Campaign Act Amendments of 1979

    Pub. L. 96–187 § 105(6) · 93 Stat. 1339

    1. Struck and inserted · 52 U.S.C. § 30106(f)

       Pub. L. 96–187, § 105(6), in par. (1) inserted “or she” after “as he”; in par. (3) struck out “Government” after “United States”;

    2. Added · 52 U.S.C. § 30106(f)

       Pub. L. 96–187, § 105(6), in par. (1) added par. (4)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 96–187, § 105(6), in par. (1) inserted “or she” after “as he”; in par. (3) struck out “Government” after “United States”; and added par. (4).

    Enacted provision · exact public law section
    (6) by amending section 306, as so redesignated by section 105(a)(3), to read as follows: “Sec. 306. “federal election commission (a) (1) There is established a commission to be known as the Federal Election Commission. The Commission is composed of the Secretary of the Senate and the Clerk of the House of Representatives or their designees, ex officio and without the right to vote, and 6 members appointed by the President, by and with the advice and consent of the Senate. No more than 3 members of the Commission appointed under this paragraph may be affiliated with the same political party. “(2) (A) Members of the Commission shall serve for terms of 6 years, Terms. except that of the members first appointed— “(i) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1977; “(ii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1979; and “(iii) two of the members, not affiliated with the same political party, shall be appointed for terms ending on April 30, 1981. “(B) A member of the Commission may serve on the Commission after the expiration of his or her term until his or her successor has taken office as a member of the Commission. “(C) An individual appointed to fill a vacancy occurring other than by the expiration of a term of office shall be appointed only for the unexpired term of the member he or she succeeds. “(D) Any vacancy occurring in the membership of the Commission shall be filled in the same manner as in the case of the original appointment. “(3) Members shall be chosen on the basis of their experience, Qualifications. integrity, impartiality, and good judgment and members (other than the Secretary of the Senate and the Clerk of the House of Representatives) shall be individuals who, at the time appointed to the Commission, are not elected or appointed officers or employees in the executive, legislative, or judicial branch of the Federal Government. Such members of the Commission shall not engage in any other business, vocation, or employment. Any individual who is engaging in any other business, vocation, or employment at the time of his or her appointment to the Commission shall terminate or liquidate such activity no later than 90 days after such appointment. “(4) Members of the Commission (other than the Secretary of the Compensation. Senate and the Clerk of the House of Representatives) shall receive compensation equivalent to the compensation paid at level IV of the Executive Schedule (5 U.S.C. 5315). “(5) The Commission shall elect a chairman and a vice chairman Chairman and vice chairman. from among its members (other than the Secretary of the Senate and the Clerk of the House of Representatives) for a term of one year. A member may serve as chairman only once during any term of office to which such member is appointed. The chairman and the vice chairman shall not be affiliated with the same political party. The vice chairman shall act as chairman in the absence or disability of the chairman or in the event of a vacancy in such office. “(b) (1) The Commission shall administer, seek to obtain compliance with, and formulate policy with respect to, this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1954. The Commission 26 USC 9001 et seq., 9031 et seq. shall have exclusive jurisdiction with respect to the civil enforcement of such provisions. “(2) Nothing in this Act shall be construed to limit, restrict, or diminish any investigatory, informational, oversight, supervisory, or disciplinary authority or function of the Congress or any committee of the Congress with respect to elections for Federal office. “(c) All decisions of the Commission with respect to the exercise of Decisionmaking. its duties and powers under the provisions of this Act shall be made by a majority vote of the members of the Commission. A member of the Commission may not delegate to any person his or her vote or any decisionmaking authority or duty vested in the Commission by the provisions of this Act, except that the affirmative vote of 4 members of the Commission shall be required in order for the Commission to take any action in accordance with paragraph (6), (7), (8), or (9) of Infra. 26 USC 9001 et seq., 9031 et seq. Meeting. section 307(a) of this Act or with chapter 95 or chapter 96 of the Internal Revenue Code of 1954. “(d) The Commission shall meet at least once each month and also at the call of any member. “(e) The Commission shall prepare written rules for the conduct of its activities, shall have an official seal which shall be judicially noticed, and shall have its principal office in or near the District of Columbia (but it may meet or exercise any of its powers anywhere in the United States). “(f) (1) The Commission shall have a staff director and a general counsel who shall be appointed by the Commission. The staff director shall be paid at a rate not to exceed the rate of basic pay in effect for level IV of the Executive Schedule (5 U.S.C. 5315). The general counsel shall be paid at a rate not to exceed the rate of basic pay in effect for level V of the Executive Schedule (5 U.S.C. 5316). With the approval of the Commission, the staff director may appoint and fix the pay of such additional personnel as he or she considers desirable without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. “(2) With the approval of the Commission, the staff director may procure temporary and intermittent services to the same extent as is authorized by section 3109(b) of title 5, United States Code, but at rates for individuals not to exceed the daily equivalent of the annual rate of basic pay in effect for grade GS–15 of the General Schedule (5 U.S.C. 5332). “(3) In carrying out its responsibilities under this Act, the Commission shall, to the fullest extent practicable, avail itself of the assistance, including personnel and facilities of other agencies and departments of the United States. The heads of such agencies and departments may make available to the Commission such personnel, facilities, and other assistance, with or without reimbursement, as the Commission may request. “(4) Notwithstanding the provisions of paragraph (2), the Commission is authorized to appear in and defend against any action instituted under this Act, either (A) by attorneys employed in its office, or (B) by counsel whom it may appoint, on a temporary basis as may be necessary for such purpose, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and whose compensation it may fix without regard to the 5 USC 5101 et seq., 5331. provisions of chapter 51 and subchapter III of chapter 53 of such title. The compensation of counsel so appointed on a temporary basis shall be paid out of any funds otherwise available to pay the compensation of employees of the Commission.”.

13. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 2 · 100 Stat. 2085

    Substituted · 52 U.S.C. § 30106(c)

    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

    Source evidence

    Code amendment note
    Subsec. (c). 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.

    Enacted provision · exact public law section
    SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

14. 1997

    Pub. L. 105–61 title V § 512(a) · 111 Stat. 1272

    Substituted · 52 U.S.C. § 30106(a)(2)(A)

    Pub. L. 105–61 substituted “for a single term of 6 years” for “for terms of 6 years” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A). Pub. L. 105–61 substituted “for a single term of 6 years” for “for terms of 6 years” in introductory provisions.

    Enacted provision · exact public law section
    (a) Prohibiting Reappointment of Members of Federal Election Commission.— Section 306(a)(2)(A) of the Federal Election Campaign Act of 1971 (2 U.S.C. 437c(a)(2)(A)) is amended by striking “for terms of 6 years” and inserting “for a single term of 6 years”.

    Effective date note
    Pub. L. 105–61, title V, § 512(b), Oct. 10, 1997, 111 Stat. 1305, as amended by Pub. L. 105–119, title VI, § 631, Nov. 26, 1997, 111 Stat. 2523, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to individuals nominated by the President to be members of the Federal Election Commission after December 31, 1997 unless the President announced his intent to nominate the individual prior to November 30, 1997.”

25 of 25 references resolved to an enrolled provision