§ 9040. — Participation by Commission in judicial proceedings.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[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''.
