Sec. 3. Assignment of Powers to Chair of Federal Election Commission
857 words·~4 min read·
/bill/115/s/1683/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 306(a)(5) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(5) ) is amended to read as follows: Of the members first appointed to serve terms that begin in January 2020, one such member (as designated by the President at the time the President submits nominations to the Senate) shall serve as Chair of the Commission. Any individual who is appointed to succeed the Member who serves as Chair of the Commission for the term beginning in January 2020 (as well as any individual who is appointed to fill a vacancy if such Member does not serve a full term as Chair) shall serve as Chair of the Commission.
The Commission shall select, by majority vote of its members, one of its members to serve as Vice Chair, who shall act as Chair in the absence or disability of the Chair or in the event of a vacancy in the position of Chair. . Section 309(a)(2) of such Act ( 52 U.S.C. 30109(a)(2) ) is amended by striking through its chairman or vice chairman and inserting through the Chair . Section 307(a) of such Act ( 52 U.S.C. 30107(a) ) is amended to read as follows: The Chair of the Commission shall be the chief administrative officer of the Commission and shall have the authority to administer the Commission and its staff, and (in consultation with the other members of the Commission) shall have the power— to appoint and remove the staff director and general counsel of the Commission; to request the assistance (including personnel and facilities) of other agencies and departments of the United States, whose heads may make such assistance available to the Commission with or without reimbursement; and to prepare and establish the budget of the Commission and to make budget requests to the President, the Director of the Office of Management and Budget, and Congress.
The Chair of the Commission shall have the power— to require by special or general orders, any person to submit, under oath, such written reports and answers to questions as the Chair may prescribe; to administer oaths or affirmations; to require by subpoena, signed by the Chair, 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 Chair, and shall have the power to administer oaths and, in such instances, to compel testimony and the production of evidence in the same manner as authorized under clause (iii); and to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States.
The Commission shall have the power— to initiate (through civil actions for injunctive, declaratory, or other appropriate relief), defend (in the case of any civil action brought under section 309(a)(8) of this Act) 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 the Internal Revenue Code of 1954, through its general counsel; to render advisory opinions under section 308 of this Act; to develop such prescribed forms and to make, amend, and repeal such rules, pursuant to the provisions of chapter 5 of title 5, United States Code, as are necessary to carry out the provisions of this Act and chapter 95 and chapter 96 of the Internal Revenue Code of 1986; to conduct investigations and hearings expeditiously, to encourage voluntary compliance, and to report apparent violations to the appropriate law enforcement authorities; and to transmit to the President and Congress not later than June 1 of each year a report which states in detail the activities of the Commission in carrying out its duties under this Act, and which includes any recommendations for any legislative or other action the Commission considers appropriate.
With respect to any investigation, action, or proceeding, the Commission, by an affirmative vote of a majority of the members who are serving at the time, may exercise any of the powers of the Chair described in paragraph (1)(B). . Section 306(f) of such Act ( 52 U.S.C. 30106(f) ) is amended— by amending the first sentence of paragraph
(1)to read as follows: The Commission shall have a staff director and a general counsel who shall be appointed by the Chair of the Commission in consultation with the other members. ; in paragraph (2), by striking With the approval of the Commission and inserting With the approval of the Chair of the Commission ; and by striking paragraph (3). Section 307(d)(1) of such Act ( 52 U.S.C. 30107(d)(1) ) is amended by striking the Commission submits any budget and inserting the Chair (or, pursuant to subsection (a)(3), the Commission) submits any budget . Section 306(c) of such Act ( 52 U.S.C. 30106(c) ) is amended by striking All decisions and inserting Subject to section 307(a), all decisions . The heading of section 307 of such Act ( 52 U.S.C. 30107 ) is amended by striking and inserting the commission . the chair and the commission
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Sec. 3
Assignment of Powers to Chair of Federal Election Commission
Cites 3Cited by 0 across 0 sources