
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 26USC9040]

 
                     TITLE 26--INTERNAL REVENUE CODE
 
        Subtitle H--Financing of Presidential Election Campaigns
 
        CHAPTER 96--PRESIDENTIAL PRIMARY MATCHING PAYMENT ACCOUNT
 
Sec. 9040. Participation by Commission in judicial proceedings


(a) Appearance by counsel

    The Commission is authorized to appear in and defend against any 
action instituted under this section, either by attorneys employed in 
its office or by counsel whom it may appoint 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 provisions of chapter 51 and subchapter III of chapter 53 of such 
title.

(b) Recovery of certain payments

    The Commission is authorized, through attorneys and counsel 
described in subsection (a), to institute actions in the district courts 
of the United States to seek recovery of any amounts determined to be 
payable to the Secretary as a result of an examination and audit made 
pursuant to section 9038.

(c) Injunctive relief

    The Commission is authorized, through attorneys and counsel 
described in subsection (a), to petition the courts of the United States 
for such injunctive relief as is appropriate to implement any provision 
of this chapter.

(d) Appeal

    The Commission is authorized on behalf of the United States to 
appeal from, and to petition the Supreme Court for certiorari to review, 
judgments or decrees entered with respect to actions in which it appears 
pursuant to the authority provided in this section.

(Added Pub. L. 93-443, title IV, Sec. 408(c), Oct. 15, 1974, 88 Stat. 
1302; amended Pub. L. 94-455, title XIX, Sec. 1906(b)(13)(A), Oct. 4, 
1976, 90 Stat. 1834.)


                               Amendments

    1976--Subsec. (b). Pub. L. 94-455 struck out ``or his delegate'' 
after ``Secretary''.
