                          TITLE 2--THE CONGRESS
 
                 CHAPTER 14--FEDERAL ELECTION CAMPAIGNS
 
           SUBCHAPTER I--DISCLOSURE OF FEDERAL CAMPAIGN FUNDS
 
Sec. 437c. Federal Election Commission


(a) Establishment; membership; term of office; vacancies; 
        qualifications; compensation; chairman and vice chairman

    (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 a single term of 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 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, 
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 
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 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) Administration, enforcement, and formulation of policy; exclusive 
        jurisdiction of civil enforcement; Congressional authorities or 
        functions with respect to elections for Federal office

    (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 title 26. The Commission 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) Voting requirements; delegation of authorities

    All decisions of the Commission with respect to the exercise of 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 section 
437d(a) of this title or with chapter 95 or chapter 96 of title 26.

(d) Meetings

    The Commission shall meet at least once each month and also at the 
call of any member.

(e) Rules for conduct of activities; judicial notice of seal; principal 
        office

    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) Staff director and general counsel; appointment and compensation; 
        appointment and compensation of personnel and procurement of 
        intermittent services by staff director; use of assistance, 
        personnel, and facilities of Federal agencies and departments; 
        counsel for defense of actions

    (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 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, 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 governing 
appointments in the competitive service, and whose compensation it may 
fix without regard to the 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.

(Pub. L. 92-225, title III, Sec. 306, formerly Sec. 310, as added Pub. 
L. 93-443, title II, Sec. 208(a), Oct. 15, 1974, 88 Stat. 1280; 
renumbered Sec. 309 and amended Pub. L. 94-283, title I, Secs. 101(a)-
(d), 105, May 11, 1976, 90 Stat. 475, 476, 481; renumbered Sec. 306 and 
amended Pub. L. 96-187, title I, Secs. 105(3), (6), 112(b), Jan. 8, 
1980, 93 Stat. 1354, 1366; Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 
Stat. 2095; Pub. L. 105-61, title V, Sec. 512(a), Oct. 10, 1997, 111 
Stat. 1305.)

                       References in Text

    This Act, referred to in subsecs. (b), (c), and (f)(3), (4), means 
the Federal Election Campaign Act of 1971, as amended, as defined by 
section 431 of this title.
    The provisions of title 5 governing appointments in the competitive 
service, referred to in subsec. (f)(1), (4), are classified generally to 
section 3301 et seq. of Title 5, Government Organization and Employees.


                               Amendments

    1997--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.
    1986--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.
    1980--Subsec. (a). Pub. L. 96-187, Sec. 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''.
    Subsec. (b)(1). Pub. L. 96-187, Sec. 105(6), substituted ``exclusive 
jurisdiction'' for ``exclusive primary jurisdiction''.
    Subsec. (c). Pub. L. 96-187, Sec. 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''.
    Pub. L. 96-187, Sec. 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.
    Subsec. (f). Pub. L. 96-187, Sec. 105(6), in par. (1) inserted ``or 
she'' after ``as he''; in par. (3) struck out ``Government'' after 
``United States''; and added par. (4).
    1976--Subsec. (a)(1). Pub. L. 94-283, Sec. 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.
    Subsec. (a)(2). Pub. L. 94-283, Sec. 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.
    Subsec. (a)(3). Pub. L. 94-283, Sec. 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.
    Subsec. (b). Pub. L. 94-283, Sec. 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).
    Subsec. (c). Pub. L. 94-283, Sec. 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.
    Subsec. (f)(1). Pub. L. 94-283, Sec. 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.


                    Effective Date of 1997 Amendment

    Section 512(b) of Pub. L. 105-61, as amended by Pub. L. 105-119, 
title VI, Sec. 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.''


                    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.


Operation of Federal Election Commission After 1976 Amendment of Federal 
 Election Campaign Act; Appointment of Commission Members; Transfer of 
Personnel, Liabilities, Contracts, Property, and Records, of Commission; 
    References to Commission Prior to Amendment Deemed References to 
   Commission as Constituted After 1976 Amendment of Federal Election 
                              Campaign Act

    Section 101(e)-(g) of Pub. L. 94-283 provided for the transition of 
the Federal Election Commission as it was reconstituted under the 
Federal Election Campaign Act of 1971 as amended by Pub. L. 94-283 by 
providing for appointment of members, transfer of personnel, 
liabilities, contracts, property, and records, and savings provisions 
for orders, determinations, rules opinions, and proceedings issued, 
pending, or commenced before such amendments.


Transitional Provision Pending Appointment and Qualification of Members 
   and General Counsel of Federal Election Commission and Transfer of 
            Records, Documents, Memorandums, and Other Papers

    Section 208(b) of Pub. L. 93-443 provided transitional authority for 
the Comptroller General, the Secretary of the Senate, and the Clerk of 
the House of Representatives pending the appointment and qualification 
of the members and general counsel of the Federal Election Commission 
and authority for transfer of records, documents, memorandums, and other 
papers to the Commission.

                  Section Referred to in Other Sections

    This section is referred to in title 26 sections 9002, 9032.
