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U.S. Code as of:
01/3/05
Section 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.
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