§ 9010 Participation by Commission in judicial proceedings

OLRC 119-134 · eCFR 2026-10-19 · 3 amending Acts

Enacted 1971 · Pub. L. 92-178 Amended · 3 Acts

Connections Cited by 0 · Cites 3
Amended 1974
  • 1974 Pub. L. 93-443 Pub. L. 93–443, § 404(c)(14), substituted “Commission” for “Comptroller General” in section catchline.

(a) Appearance by counsel The Commission is authorized to appear in and defend against any action filed under section 9011, 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.

Amended 1974
  • 1974 Pub. L. 93-443 Pub. L. 93–443, § 404(c)(15), substituted “Commission” for “Comptroller General”, “its” for “his”, and “it” for “he” wherever appearing.

Cases: Federal Election Commission v. National Conservative Political Action Committee, 470 U.S. 480 (1985)

Cited by 2

    (b) Recovery of certain payments The Commission is authorized through attorneys and counsel described in subsection (a) to appear in the district courts of the United States to seek recovery of any amounts determined to be payable to the Secretary of the Treasury as a result of examination and audit made pursuant to section 9007.

    Amended 1974, 1976
    • 1976 Pub. L. 94-455 Pub. L. 94–455 substituted “to the Secretary of the Treasury” for “to the Secretary”.
    • 1974 Pub. L. 93-443 Pub. L. 93–443, § 404(c)(16), (17), substituted “Commission” for “Comptroller General” wherever appearing.

    (c) Declaratory and injunctive relief The Commission is authorized through attorneys and counsel described in subsection (a) to petition the courts of the United States for declaratory or injunctive relief concerning any civil matter covered by the provisions of this subtitle or section 6096. Upon application of the Commission an action brought pursuant to this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28, United States Code, and any appeal shall lie to the Supreme Court.

    Amended 1974, 1984
    • 1984 Pub. L. 98-620 Pub. L. 98–620 struck out provision requiring the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited.
    • 1974 Pub. L. 93-443 Pub. L. 93–443, § 404(c)(16), (17), substituted “Commission” for “Comptroller General” wherever appearing.
    Cited by 1

      (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.

      Amended 1974
      • 1974 Pub. L. 93-443 Pub. L. 93–443, § 404(c)(18), substituted “Commission” and “it” for “Comptroller General” and “he”.

      Cases: Federal Election Commission v. NRA Political Victory Fund, 513 U.S. 88 (1994)