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U.S. Code as of:
01/3/05
Section 437d. Powers of Commission
(a) Specific authorities
The Commission has the power -
(1) to require by special or general orders, any person to
submit, under oath, such written reports and answers to questions
as the Commission may prescribe;
(2) to administer oaths or affirmations;
(3) to require by subpena, signed by the chairman or the vice
chairman, the attendance and testimony of witnesses and the
production of all documentary evidence relating to the execution
of its duties;
(4) in any proceeding or investigation, to order testimony to
be taken by deposition before any person who is designated by the
Commission and has the power to administer oaths and, in such
instances, to compel testimony and the production of evidence in
the same manner as authorized under paragraph (3);
(5) to pay witnesses the same fees and mileage as are paid in
like circumstances in the courts of the United States;
(6) to initiate (through civil actions for injunctive,
declaratory, or other appropriate relief), defend (in the case of
any civil action brought under section 437g(a)(8) of this title)
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 title 26, through its general counsel;
(7) to render advisory opinions under section 437f of this
title;
(8) to develop such prescribed forms and to make, amend, and
repeal such rules, pursuant to the provisions of chapter 5 of
title 5, as are necessary to carry out the provisions of this Act
and chapter 95 and chapter 96 of title 26; and
(9) to conduct investigations and hearings expeditiously, to
encourage voluntary compliance, and to report apparent violations
to the appropriate law enforcement authorities.
(b) Judicial orders for compliance with subpenas and orders of
Commission; contempt of court
Upon petition by the Commission, any United States district court
within the jurisdiction of which any inquiry is being carried on
may, in case of refusal to obey a subpena or order of the
Commission issued under subsection (a) of this section, issue an
order requiring compliance. Any failure to obey the order of the
court may be punished by the court as a contempt thereof.
(c) Civil liability for disclosure of information
No person shall be subject to civil liability to any person
(other than the Commission or the United States) for disclosing
information at the request of the Commission.
(d) Concurrent transmissions to Congress or Member of budget
estimates, etc.; prior submission of legislative recommendations,
testimony, or comments on legislation
(1) Whenever the Commission submits any budget estimate or
request to the President or the Office of Management and Budget, it
shall concurrently transmit a copy of such estimate or request to
the Congress.
(2) Whenever the Commission submits any legislative
recommendation, or testimony, or comments on legislation, requested
by the Congress or by any Member of the Congress, to the President
or the Office of Management and Budget, it shall concurrently
transmit a copy thereof to the Congress or to the Member requesting
the same. No officer or agency of the United States shall have any
authority to require the Commission to submit its legislative
recommendations, testimony, or comments on legislation, to any
office or agency of the United States for approval, comments, or
review, prior to the submission of such recommendations, testimony,
or comments to the Congress.
(e) Exclusive civil remedy for enforcement
Except as provided in section 437g(a)(8) of this title, the power
of the Commission to initiate civil actions under subsection (a)(6)
of this section shall be the exclusive civil remedy for the
enforcement of the provisions of this Act.
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