; (B) by appointing counsel as provided in section 306(f)(4); or (C) by referral to the Attorney General in the case of a criminal action. (2) The Commission may refuse to defend an action brought against the Commission pursuant to the unanimous vote of its Members. . (b) Effective date The amendment made by subsection (a) shall apply with respect to actions brought on or after the date of the enactment of this Act. 356. Federal Election Commission member pay Section 306(a)(4) of the Federal Election Campaign Act of 1971 ( 52 U.S.C. 30106(a)(4) ) is amended— (1) by striking (4) Members and inserting (4)(A) Except as provided in subparagraph (B), members ; (2) by striking equivalent to the compensation paid at level IV of the Executive Schedule ( 5 U.S.C. 5315 ) and inserting at an annual rate of basic pay of $186,300, as adjusted under section 5318 of title 5, United States Code, in the same manner as the annual rate of pay for positions at each level of the Executive Schedule, which may not be varied or suspended by executive action ; and (3) by adding at the end the following: (B) A member who serves on the Commission after the expiration of the member’s term because the member’s successor has not taken office may not receive any increase in compensation under this subsection for any pay period occurring after the expiration of the 4-year period which begins on the date of the expiration of the member’s term. A member shall no longer be subject to the previous sentence if the member is appointed to a new term and takes office pursuant to that appointment. (C) A member shall be permitted to hold a position at an institution of higher education (as such term is defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) if— (i) the General Counsel of the Commission determines that such position does not create a conflict of interest with the member’s position as a sitting member of the Commission and grants the member approval to hold the position