2 U.S.C. § 437f : US Code - Section 437F: Advisory opinions

Search 2 U.S.C. § 437f : US Code - Section 437F: Advisory opinions

(a) Requests by persons, candidates, or authorized committees;
subject matter; time for response
(1) Not later than 60 days after the Commission receives from a
person a complete written request concerning the application of
this Act, chapter 95 or chapter 96 of title 26, or a rule or
regulation prescribed by the Commission, with respect to a specific
transaction or activity by the person, the Commission shall render
a written advisory opinion relating to such transaction or activity
to the person.
(2) If an advisory opinion is requested by a candidate, or any
authorized committee of such candidate, during the 60-day period
before any election for Federal office involving the requesting
party, the Commission shall render a written advisory opinion
relating to such request no later than 20 days after the Commission
receives a complete written request.
(b) Procedures applicable to initial proposal of rules or
regulations, and advisory opinions
Any rule of law which is not stated in this Act or in chapter 95
or chapter 96 of title 26 may be initially proposed by the
Commission only as a rule or regulation pursuant to procedures
established in section 438(d) of this title. No opinion of an
advisory nature may be issued by the Commission or any of its
employees except in accordance with the provisions of this section.
(c) Persons entitled to rely upon opinions; scope of protection for
good faith reliance
(1) Any advisory opinion rendered by the Commission under
subsection (a) of this section may be relied upon by - 
(A) any person involved in the specific transaction or activity
with respect to which such advisory opinion is rendered; and
(B) any person involved in any specific transaction or activity
which is indistinguishable in all its material aspects from the
transaction or activity with respect to which such advisory
opinion is rendered.
(2) Notwithstanding any other provisions of law, any person who
relies upon any provision or finding of an advisory opinion in
accordance with the provisions of paragraph (1) and who acts in
good faith in accordance with the provisions and findings of such
advisory opinion shall not, as a result of any such act, be subject
to any sanction provided by this Act or by chapter 95 or chapter 96
of title 26.
(d) Requests made public; submission of written comments by
interested public
The Commission shall make public any request made under
subsection (a) of this section for an advisory opinion. Before
rendering an advisory opinion, the Commission shall accept written
comments submitted by any interested party within the 10-day period
following the date the request is made public.