Federal Election Campaign Laws (pages 55

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Title 2. The Congress

§ 439. Statements filed with State officers; “appropriate State”

defined; duties of State officers; waiver of duplicate filing require-

ments for States with electronic access

(a) (1) A copy of each report and statement required to be filed

by any person under this Act shall be filed by such person with the Sec-

retary of State (or equivalent State officer) of the appropriate State, or,

if different, the officer of such State who is charged by State law with

maintaining State election campaign reports. The chief executive officer

of such State shall designate any such officer and notify the Commission

of any such designation.

(2) For purposes of this subsection, the term “appropriate

State” means—

(A) for statements and reports in connection with the

campaign for nomination for election of a candidate to the

office of President or Vice President, each State in which an

expenditure is made on behalf of the candidate; and

(B) for statements and reports in connection with the

campaign for nomination for election, or election, of a can didate

to the office of Senator or Representative in, or Del egate or

Resident Commissioner to, the Congress, the State in which

the candidate seeks election; except that political committees

other than authorized committees are only re quired to file, and

Secretaries of State required to keep, that portion of the report

applicable to candidates seeking election in that State.

(b) The Secretary of State (or equivalent State officer), or the officer

designated under subsection (a)(1) of this section, shall—

(1) receive and maintain in an orderly manner all reports and

statements required by this Act to be filed therewith;

(2) keep such reports and statements (either in original filed

form or in facsimile copy by microfilm or otherwise) for 2 years

after their date of receipt;

(3) make each report and statement filed therewith avail able

as soon as practicable (but within 48 hours of receipt) for public

inspection and copying during regular business hours, and permit

copying of any such report or statement by hand or by duplicating

machine at the request of any person, except that such copying shall

be at the expense of the person making the request; and

(4) compile and maintain a current list of all reports and

statements pertaining to each candidate.

§ 439

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Federal Election Campaign Laws

§ 439

Section 301 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, revised section 439a to insert replacement language. This amendment is effective

as of November 6, 2002.

State that, as determined by the Commission, has a system that permits

electronic access to, and duplication of, reports and statements that are

filed with the Commission.

§ 439a. Use of contributed amounts for certain purposes

(a) Permitted uses. A contribution accepted by a candidate, and

any other donation received by an individual as support for activities of

the individual as a holder of Federal office, may be used by the candidate

or individual—

(1) for otherwise authorized expenditures in connection with

the campaign for Federal office of the candidate or individual;

(2) for ordinary and necessary expenses incurred in connec-

tion with duties of the individual as a holder of Federal office;

(3) for contributions to an organization described in section

170(c) of the Internal Revenue Code of 1986; or

(4) for transfers, without limitation, to a national, State, or

local committee of a political party.

(b) Prohibited use.

(1) In general. A contribution or donation described in sub-

section (a) shall not be converted by any person to personal use.

(2) Conversion. For the purposes of paragraph (1), a contri-

bution or donation shall be considered to be converted to personal

use if the contribution or amount is used to fulfill any commitment,

obligation, or expense of a person that would exist irrespective of

the candidate’s election campaign or individual’s duties as a holder

of Federal office, including—

(A) a home mortgage, rent, or utility payment;

(B) a clothing purchase;

(D) a country club membership;

(E) a vacation or other noncampaign-related trip;

(F) a household food item;

(G) a tuition payment;

(H) admission to a sporting event, concert, theater, or

other form of entertainment not associated with an election

campaign; and

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(I) dues, fees, and other payments to a health club or

recreational facility.

§ 439b. Repealed.

§ 439c. Authorization of appropriations

NOTE: This section contains the authorization for FEC appropria-

tions for FY 1975 through FY 1978, and for FY 1981. While con tained

in the United States Code, this provision has no substantive election law

content.

§ 440. Repealed.

§ 441. Repealed.

§ 441a. Limitations, contributions, and expenditures

(a) Dollar limits on contributions.

(1) Except as provided in subsection (i) and section 315A (2

U.S.C. § 441a-1), no person shall make contributions—

(A) to any candidate and his authorized political com-

mittees with respect to any election for Federal office which,

in the aggregate, exceed $2,000;

(B) tothepolitical committees established and main tained

by a national political party, which are not the au thorized politi-

cal committees of any candidate, in any cal endar year which,

in the aggregate, exceed $25,000;

mittee described in subparagraph (D)) in any calendar year

which, in the aggregate, exceed $5,000; or

(D) to a political committee established and maintained

by a State committee of a political party in any calendar year

which, in the aggregate, exceed $10,000.

§ 441a

Sections 102 and 307 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub.

L. No. 107-155, amended section 441a to modify contribution limits. This section was

further amended by section 319(b) of BCRA to cross-reference new section 441a-1 and

new paragraph (i). These amendments apply with respect to contributions made on or

after January 1, 2003.

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Federal Election Campaign Laws

§ 441a

(2) No multicandidate political committee shall make

contributions—

(A) to any candidate and his authorized political com-

mittees with respect to any election for Federal office which,

in the aggregate, exceed $5,000;

(B) to the political committees established and main-

tained by a national political party, which are not the au thorized

political committees of any candidate, in any cal endar year,

which, in the aggregate, exceed $15,000; or

year which, in the aggregate, exceed $5,000.

(3)

During the period which begins on January 1 of an

odd-numbered year and ends on December 31 of the next even-

numbered year, no individual may make contributions aggregating

more than—

(A) $37,500, in the case of contributions to candidates

and the authorized committees of candidates;

(B) $57,500, in the case of any other contributions, of

which not more than $37,500 may be attributable to contribu-

tions to political committees which are not political committees

of national political parties.

(4) The limitations on contributions contained in para graphs

(1) and (2) do not apply to transfers between and among political

committees which are national, State, district, or local committees

(including any subordinate committee thereof) of the same politi-

cal party. For purposes of paragraph (2), the term “multicandidate

political committee” means a political commit tee which has been

registered under section 433 of this title for a period of not less

than 6 months, which has received contribu tions from more than 50

persons, and, except for any State polit ical party organization, has

made contributions to 5 or more can didates for Federal office.

(5) For purposes of the limitations provided by paragraph

(1) and paragraph (2), all contributions made by political com-

mittees established or financed or maintained or controlled by any

corporation, labor organization, or any other person, includ ing any

parent, subsidiary, branch, division, department, or local unit of

such corporation, labor organization, or any other person, or by

Section 307(b) of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No.

107-155, amended subparagraph 441a(a)(3) to modify the annual contribution limit for

individuals. This amendment applies with respect to contributions made on or after Janu-

ary 1, 2003.

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Title 2. The Congress

any group of such persons, shall be considered to have been made

by a single political committee, except that

(A) nothing in this sentence shall limit transfers be tween

political committees of funds raised through joint fundraising

efforts;

(B) for purposes of the limitations provided by para graph

(1) and paragraph (2) all contributions made by a single political

committee established or financed or main tained or controlled

by a national committee of a political party and by a single

political committee established or financed or maintained or

controlled by the State committee of a political party shall not

be considered to have been made by a single political commit-

tee; and

between the principal campaign committee of a can didate seek-

ing nomination or election to a Federal office and the principal

campaign committee of that candidate for nomination or election

to another Federal office if

(i) such transfer is not made when the can didate

is actively seeking nomination or election to both such

offices;

(ii) the limitations contained in this Act on contribu-

tions by persons are not exceeded by such transfer; and

(iii) the candidate has not elected to receive any

funds under chapter 95 or chapter 96 of title 26.

In any case in which a corporation and any of its subsidiaries, branches,

divisions, departments, or local units, or a labor orga nization and any

of its subsidiaries, branches, divisions, depart ments, or local units

establish or finance or maintain or control more than one separate

segregated fund, all such separate seg regated funds shall be treated

as a single separate segregated fund for purposes of the limitations

provided by paragraph (1) and paragraph (2).

(6) The limitations on contributions to a candidate im posed

by paragraphs (1) and (2) of this subsection shall apply separately

with respect to each election, except that all elections held in any

calendar year for the office of President of the Unit ed States (except

a general election for such office) shall be con sidered to be one elec-

tion.

(7) For purposes of this subsection—

(A) contributions to a named candidate made to any

political committee authorized by such candidate to accept

§ 441a

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Federal Election Campaign Laws

§ 441a

contributions on his behalf shall be considered to be con tributions

made to such candidate;

(B) (i) expenditures made by any person in co operation,

consultation, or concert, with, or at the re quest or sugges-

tion of, a candidate, his authorized po litical committees,

or their agents, shall be considered to be a contribution

to such candidate;

(ii)

expenditures made by any person (other than

a candidate or candidate’s authorized committee) in co-

operation, consultation, or concert, with, or at the request

or suggestion of, a national, State, or local committee of

a political party, shall be considered to be contributions

made to such party committee; and

(iii) the financing by any person of the dissemi-

nation, distribution, or republication, in whole or in part,

of any broadcast or any written, graphic, or other form

of campaign materials prepared by the candidate, his

campaign committees, or their author ized agents shall

be considered to be an expenditure for purposes of this

paragraph; and

(i) any person makes, or contracts to make, any dis-

bursement for any electioneering communication (within

the meaning of section 304(f)(3)) (2 U.S.C. § 434(f)(3));

and

(ii) such disbursement is coordinated with a can-

didate or an authorized committee of such candidate, a

Federal, State, or local political party or committee thereof,

or an agent or official of any such candidate, party, or

committee;

such disbursement or contracting shall be treated as a contri-

bution to the candidate supported by the electioneering com-

munication or that candidate’s party and as an expenditure by

that candidate or that candidate’s party; and

(D) contributions made to or for the benefit of any can-

didate nominated by a political party for election to the office

Section 214 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, amended section 441a(a)(7) by redesignating subparagraph (B)(ii) as (B)(iii) and

inserting new subparagraph (ii). Section 202 of BCRA further amended section 441a(a)(7)

by redesignating subparagraph (C) as (D) and inserting new subparagraph (C). These

amendments are effective as of November 6, 2002.

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of Vice President of the United States shall be considered to

be contributions made to or for the benefit of the candidate of

such party for election to the office of President of the United

States.

(8) For purposes of the limitations imposed by this sec tion,

all contributions made by a person, either directly or indi rectly, on

behalf of a particular candidate, including contribu tions which are in

any way earmarked or otherwise directed through an intermediary or

conduit to such candidate, shall be treated as contributions from such

person to such candidate. The intermediary or conduit shall report

the original source and the intended recipient of such contribution

to the Commission and to the intended recipient.

(b) Dollar limits on expenditures by candidates for office of Presi-

dent of the United States.

(1) No candidate for the office of President of the United

States who is eligible under section 9003 of title 26 (relating to

condition for eligibility for payments) or under section 9033 of title

26 (relating to eligibility for payments) to receive payments from the

Secretary of the Treasury may make expenditures in excess of—

(A) $10,000,000 in the case of a campaign for nomi nation

for election to such office, except the aggregate of expenditures

under this subparagraph in any one State shall not exceed the

greater of 16 cents multiplied by the voting age population of

the State (as certified under subsection (e) of this section),

or $200,000; or

(B) $20,000,000 in the case of a campaign for elec tion

to such office.

(2) For purposes of this subsection—

(A) expenditures made by or on behalf of any can didate

nominated by a political party for election to the office of Vice

President of the United States shall be consid ered to be expen-

ditures made by or on behalf of the can didate of such party for

election to the office of President of the United States; and

(B) an expenditure is made on behalf of a candidate,

including a vice presidential candidate, if it is made by —

(i) an authorized committee or any other agent of

the candidate for purposes of making any expendi ture;

(ii) any person authorized or requested by the

candidate, an authorized committee of the candidate, or

an agent of the candidate, to make the expenditure.

§ 441a

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Federal Election Campaign Laws

§ 441a

(1) (A) At the beginning of each calendar year (commenc-

ing in 1976), as there become available necessary data from

the Bu reau of Labor Statistics of the Department of Labor,

the Sec retary of Labor shall certify to the Commission and

publish in the Federal Register the percent difference between

the price index for the 12 months preceding the beginning of

such cal endar year and the price index for the base period.

(B) Except as provided in subparagraph (C), in any

calendar year after 2002—

(i) alimitation established by subsections (a)(1)(A),

(a)(1)(B), (a)(3), (b), (d), or (h) shall be increased by the

percent difference determined under subparagraph (A);

(ii) each amount so increased shall remain in effect

for the calendar year; and

(iii) if any amount after adjustment under clause (i)

is not a multiple of $100, such amount shall be rounded

to the nearest multiple of $100.

(a)(1)(B), (a)(3), and (h), increases shall only be made in odd-

numbered years and such increases shall remain in effect for

the 2-year period beginning on the first day following the date

of the last general election in the year preceding the year in

which the amount is increased and ending on the date of the

next general election.

(2) For purposes of paragraph (1)—

(A) the term “price index” means the average over a

calendar year of the Consumer Price Index (all items—United

States city average) published monthly by the Bu reau of Labor

Statistics; and

(B) the term “base period” means—

(i) for purposes of subsections (b) and (d), calendar

year 1974; and

(ii) for purposes of subsections (a)(1)(A), (a)(1)(B),

(a)(3), and (h), calendar year 2001.

Section 307(d) of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No.

107-155, amended section 441a(c) to index certain contribution limits for inflation. This

amendment is effective for contributions made on or after January 1, 2003.

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(d) Expenditures by national committee, State committee, or subor-

dinate committee of State committee in connection with general election

campaign of candidates for Federal office.

(1) Notwithstanding any other provision of law with re spect

to limitations on expenditures or limitations on contribu tions, the

national committee of a political party and a State committee of a

political party, including any subordinate com mittee of a State com-

mittee, may make expenditures in connec tion with the general election

campaign of candidates for Federal office, subject to the limitations

contained in paragraphs (2), (3) and (4) of this subsection.

(2) The national committee of a political party may not make

any expenditure in connection with the general election campaign

of any candidate for President of the United States who is affiliated

with such party which exceeds an amount equal to 2 cents multiplied

by the voting age population of the United States (as certified under

subsection (e) of this section). Any expenditure under this paragraph

shall be in addition to any expenditure by a national committee of

a political party serving as the principal campaign committee of a

candidate for the office of President of the United States.

(3) The national committee of a political party, or a State

committee of a political party, including any subordinate com mittee

of a State committee, may not make any expenditure in connection

with the general election campaign of a candidate for Federal office

in a State who is affiliated with such party which exceeds—

(A) in the case of a candidate for election to the office

of Senator, or of Representative from a State which is entitled

to only one Representative, the greater of—

(i) 2 cents multiplied by the voting age popu lation

of the State (as certified under subsection (e) of this sec-

tion); or

(ii) $20,000; and

(B) in the case of a candidate for election to the office

of Representative, Delegate, or Resident Commissioner in any

other State, $10,000.

(4) Independent versus coordinated expenditures by party.

(A) In general. On or after the date on which a political

§ 441a

Section 213 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, amended section 441a(d) by making a conforming amendment to subparagraph (1)

and by adding subparagraph (4). This amendment is effective as of November 6, 2002.

In McConnell v. FEC, 124 S. Ct. 619, 700-04 (2003), the Supreme Court ruled that sec-

tion 441a(d)(4) was unconstitutional.

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Federal Election Campaign Laws

party nominates a candidate, no committee of the political party

may make—

(i) any coordinated expenditure under this subsec-

tion with respect to the candidate during the election cycle

at any time after it makes any independent expenditure

(as defined in section 301(17)) (2 U.S.C. § 431(17)) with

respect to the candidate during the election cycle; or

(ii) any independent expenditure (as defined in

section 301(17)) (2 U.S.C. § 431(17)) with respect to the

candidate during the election cycle at any time after it

makes any coordinated expenditure under this subsection

with respect to the candidate during the election cycle.

(B) Application. For purposes of this paragraph, all

political committees established and maintained by a national

political party (including all congressional campaign commit-

tees) and all political committees established and maintained by

a State political party (including any subordinate committee of

a State committee) shall be considered to be a single political

committee.

coordinated expenditures under this subsection with respect to a

candidate shall not, during an election cycle, transfer any funds

to, assign authority to make coordinated expenditures under

this subsection to, or receive a transfer of funds from, a com-

mittee of the political party that has made or intends to make

an independent expenditure with respect to the candidate.

(e) Certification and publication of estimated voting age popu-

lation.

During the first week of January 1975, and every subse quent

year, the Secretary of Commerce shall certify to the Com mission and

publish in the Federal Register an estimate of the voting age population

of the United States, of each State, and of each congressional district as

of the first day of July next pre ceding the date of certification. The term

“voting age popu lation” means resident population, 18 years of age or

older.

(f) Prohibited contributions and expenditures.

No candidate or political committee shall knowingly accept

any contribution or make any expenditure in violation of the provisions of

this section. No officer or employee of a political committee shall know-

ingly accept a contribution made for the benefit or use of a candidate, or

knowingly make any expendi ture on behalf of a candidate, in violation

§ 441a

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of any limitation im posed on contributions and expenditures under this

section.

(g) Attribution of multi-State expenditures to candidate’sexpenditure

limitation in each State.

The Commission shall prescribe rules under which any expen-

diture by a candidate for presidential nominations for use in 2 or more

States shall be attributed to such candidate’s expendi ture limitation in

each such State, based on the voting age popu lation in such State which

can reasonably be expected to be in fluenced by such expenditure.

(h) Senatorial candidates.

Notwithstanding any other provision of this Act, amounts totaling

not more than $35,000

may be contributed to a can didate for nomination

for election, or for election, to the United States Senate during the year

in which an election is held in which he is such a candidate, by the Re-

publican or Democratic Senatorial Campaign Committee, or the national

committee of a political party, or any combination of such committees.

(i) Increased limit to allow response to expenditures from personal

funds.

(1) Increase.

(A) In general. Subject to paragraph (2), if the opposition

personal funds amount with respect to a candidate for election

to the office of Senator exceeds the threshold amount, the limit

under subsection (a)(1)(A) (in this subsection referred to as the

‘applicable limit’) with respect to that candidate shall be the

increased limit.

(B) Threshold amount.

(i) State-by-state competitive and fair campaign

formula. In this subsection, the threshold amount with

respect to an election cycle of a candidate described in

subparagraph (A) is an amount equal to the sum of—

(I) $150,000; and

(II) $0.04 multiplied by the voting age popula-

tion.

§ 441a

Section 304 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-155,

amended section 441a to add paragraph (i). This amendment is effective as of November

6, 2002. It does not apply with respect to runoff elections or recounts of contested elec-

tions resulting from elections held prior to November 6, 2002. See section 402(a)(4) of

BCRA, cited at Note, 2 U.S.C. § 431.

Section 307(c) of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No.

107-155, amended section 441a to modify paragraph (h). This amendment is effective for

contributions made on or after January 1, 2003.

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Federal Election Campaign Laws

§ 441a

(ii) Voting age population. In this subparagraph,

the term ‘voting age population’ means in the case of a

candidate for the office of Senator, the voting age popula-

tion of the State of the candidate (as certified under section

315(e)) (2 U.S.C. § 441a(e)).

for purposes of subparagraph (A), if the opposition personal

funds amount is over—

(i) 2 times the threshold amount, but not over 4

times that amount—

(I) the increased limit shall be 3 times the

applicable limit; and

(II) the limit under subsection (a)(3) shall not

apply with respect to any contribution made with

respect to a candidate if such contribution is made

under the increased limit of subparagraph (A) during

a period in which the candidate may accept such a

contribution;

(ii) 4 times the threshold amount, but not over 10

times that amount—

(I) the increased limit shall be 6 times the

applicable limit; and

(II) the limit under subsection (a)(3) shall not

apply with respect to any contribution made with

respect to a candidate if such contribution is made

under the increased limit of subparagraph (A) during

a period in which the candidate may accept such a

contribution; and

(iii) 10 times the threshold amount—

(I) the increased limit shall be 6 times the

applicable limit;

(II) the limit under subsection (a)(3) shall not

apply with respect to any contribution made with

respect to a candidate if such contribution is made

under the increased limit of subparagraph (A) during

a period in which the candidate may accept such a

contribution; and

(III) the limits under subsection (d) with respect

to any expenditure by a State or national committee

of a political party shall not apply.

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Title 2. The Congress

(D) Opposition personal funds amount. The opposition

personal funds amount is an amount equal to the excess (if any)

of—

(i) the greatest aggregate amount of expenditures

from personal funds (as defined in section 304(a)(6)(B))

(2 U.S.C. § 434(a)(6)(B)) that an opposing candidate in

the same election makes; over

(ii) the aggregate amount of expenditures from

personal funds made by the candidate with respect to the

election.

(E) Special rule for candidate’s campaign funds.

(i) In general. For purposes of determining the

aggregate amount of expenditures from personal funds

under subparagraph (D)(ii), such amount shall include

the gross receipts advantage of the candidate’s authorized

committee.

(ii) Gross receipts advantage. For purposes of

clause (i), the term ‘gross receipts advantage’ means the

excess, if any, of—

(I) the aggregate amount of 50 percent of

gross receipts of a candidate’s authorized committee

during any election cycle (not including contribu-

tions from personal funds of the candidate) that

may be expended in connection with the election,

as determined on June 30 and December 31 of the

year preceding the year in which a general election

is held, over

(II) the aggregate amount of 50 percent of

gross receipts of the opposing candidate’s authorized

committee during any election cycle (not including

contributions from personal funds of the candidate)

that may be expended in connection with the election,

as determined on June 30 and December 31 of the

year preceding the year in which a general election

is held.

§ 441a

Section 316 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, amended section 441a(i)(1) to add subparagraph (E). This amendment is effective

as of November 6, 2002. It does not apply with respect to runoff elections or recounts of

contested elections resulting from elections held prior to November 6, 2002. See section

402(a)(4) of BCRA, cited at Note, 2 U.S.C. § 431.

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Federal Election Campaign Laws

§ 441a

(2) Time to accept contributions under increased limit.

(A) In general. Subject to subparagraph (B), a candidate

and the candidate’s authorized committee shall not accept

any contribution, and a party committee shall not make any

expenditure, under the increased limit under paragraph (1)—

(i) until the candidate has received notification

of the opposition personal funds amount under section

304(a)(6)(B) (2 U.S.C. § 434(a)(6)(B)); and

(ii) to the extent that such contribution, when

added to the aggregate amount of contributions previously

accepted and party expenditures previously made under

the increased limits under this subsection for the election

cycle, exceeds 110 percent of the opposition personal

funds amount.

(B) Effect of withdrawal of an opposing candidate. A

candidate and a candidate’s authorized committee shall not

accept any contribution and a party shall not make any ex-

penditure under the increased limit after the date on which an

opposing candidate ceases to be a candidate to the extent that

the amount of such increased limit is attributable to such an

opposing candidate.

(3) Disposal of excess contributions.

(A) In general. The aggregate amount of contributions

accepted by a candidate or a candidate’s authorized committee

under the increased limit under paragraph (1) and not otherwise

expended in connection with the election with respect to which

such contributions relate shall, not later than 50 days after the

date of such election, be used in the manner described in sub-

paragraph (B).

(B) Return to contributors. A candidate or a candidate’s

authorized committee shall return the excess contribution to the

person who made the contribution.

(j) Limitation on repayment of personal loans.

Any candidate

who incurs personal loans made after the effective date of the Bipartisan

Campaign Reform Act of 2002 in connection with the candidate’s cam-

paign for election shall not repay (directly or indirectly), to the extent

Section 304 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-155,

amended section 441a to add paragraph (j). This amendment is effective as of November

6, 2002. It does not apply with respect to runoff elections or recounts of contested elec-

tions resulting from elections held prior to November 6, 2002. See section 402(a)(4) of

BCRA, cited at Note, 2 U.S.C. § 431.

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Title 2. The Congress

such loans exceed $250,000, such loans from any contributions made to

such candidate or any authorized committee of such candidate after the

date of such election.

§ 441a-1. Modification of certain limits for House candidates in

response to personal fund expenditures of opponents.

(a) Availability of increased limit.

(1) In general. Subject to paragraph (3), if the opposition

personal funds amount with respect to a candidate for election to the

office of Representative in, or Delegate or Resident Commissioner

to, the Congress exceeds $350,000—

(A) the limit under subsection (a)(1)(A) (2 U.S.C.

§ 441a(a)(1)(A)) with respect to the candidate shall be tri-

pled;

(B) the limit under subsection (a)(3) (2 U.

S.C. § 441a(a)(3)) shall not apply with respect to any contri-

bution made with respect to the candidate if the contribution

is made under the increased limit allowed under subparagraph

(A) during a period in which the candidate may accept such a

contribution; and

with respect to any expenditure by a State or national committee

of a political party on behalf of the candidate shall not apply.

(2) Determination of opposition personal funds amount.

(A) In general. The opposition personal funds amount

is an amount equal to the excess (if any) of—

(i) the greatest aggregate amount of expenditures

from personal funds (as defined in subsection (b)(1)) that

an opposing candidate in the same election makes; over

(ii) the aggregate amount of expenditures from

personal funds made by the candidate with respect to the

election.

(B) Special rule for candidate’s campaign funds.

(i) In general. For purposes of determining the

aggregate amount of expenditures from personal funds

under subparagraph (A), such amount shall include the

§ 441a-1

Section 319(a) of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No.

107-155, amended the Act to add new section 441a-1. This amendment is effective as

of November 6, 2002. It does not apply with respect to runoff elections or recounts of

contested elections resulting from elections held prior to November 6, 2002. See section

402(a)(4) of BCRA, cited at Note, 2 U.S.C. § 431.

Page 17

Federal Election Campaign Laws

§ 441a-1

gross receipts advantage of the candidate’s authorized

committee.

(ii) Gross receipts advantage. For purposes of

clause (i), the term ‘gross receipts advantage’ means the

excess, if any, of—

(I) the aggregate amount of 50 percent of

gross receipts of a candidate’s authorized committee

during any election cycle (not including contribu-

tions from personal funds of the candidate) that

may be expended in connection with the election,

as determined on June 30 and December 31 of the

year preceding the year in which a general election

is held, over

(II) the aggregate amount of 50 percent of

gross receipts of the opposing candidate’s authorized

committee during any election cycle (not including

contributions from personal funds of the candidate)

that may be expended in connection with the election,

as determined on June 30 and December 31 of the

year preceding the year in which a general election

is held.

(3) Time to accept contributions under increased limit.

(A) In general. Subject to subparagraph (B), a candidate

and the candidate’s authorized committee shall not accept

any contribution, and a party committee shall not make any

expenditure, under the increased limit under paragraph (1)—

(i) until the candidate has received notification of

the opposition personal funds amount under subsection

(b)(1); and

(ii) to the extent that such contribution, when

added to the aggregate amount of contributions previously

accepted and party expenditures previously made under

the increased limits under this subsection for the election

cycle, exceeds 100 percent of the opposition personal

funds amount.

(B) Effect of withdrawal of an opposing candidate. A

candidate and a candidate’s authorized committee shall not

accept any contribution and a party shall not make any ex-

penditure under the increased limit after the date on which an

opposing candidate ceases to be a candidate to the extent that

the amount of such increased limit is attributable to such an

opposing candidate.

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Title 2. The Congress

(4) Disposal of excess contributions.

(A) In general. The aggregate amount of contributions

accepted by a candidate or a candidate’s authorized committee

under the increased limit under paragraph (1) and not otherwise

expended in connection with the election with respect to which

such contributions relate shall, not later than 50 days after the

date of such election, be used in the manner described in sub-

paragraph (B).

(B) Return to contributors. A candidate or a candidate’s

authorized committee shall return the excess contribution to the

person who made the contribution.

(b) Notification of expenditures from personal funds.

(1) In general.

(A) Definition of expenditure from personal funds. In

this paragraph, the term ‘expenditure from personal funds’

means—

(i) an expenditure made by a candidate using

personal funds; and

(ii) a contribution or loan made by a candidate

using personal funds or a loan secured using such funds

to the candidate’s authorized committee.

(B) Declaration of intent. Not later than the date that

is 15 days after the date on which an individual becomes a

candidate for the office of Representative in, or Delegate or

Resident Commissioner to, the Congress, the candidate shall

file a declaration stating the total amount of expenditures

from personal funds that the candidate intends to make, or to

obligate to make, with respect to the election that will exceed

$350,000.

candidate described in subparagraph (B) makes or obligates

to make an aggregate amount of expenditures from personal

funds in excess of $350,000 in connection with any election,

the candidate shall file a notification.

(D) Additional notification. After a candidate files an

initial notification under subparagraph (C), the candidate shall

file an additional notification each time expenditures from per-

sonal funds are made or obligated to be made in an aggregate

amount that exceeds $10,000. Such notification shall be filed

not later than 24 hours after the expenditure is made.

(E) Contents. A notification under subparagraph (C) or

(D) shall include—

§ 441a-1

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Federal Election Campaign Laws

§ 441a-1

(i) the name of the candidate and the office sought

by the candidate;

(ii) the date and amount of each expenditure;

and

(iii) the total amount of expenditures from personal

funds that the candidate has made, or obligated to make,

with respect to an election as of the date of the expenditure

that is the subject of the notification.

(F) Place of filing. Each declaration or notification re-

quired to be filed by a candidate under subparagraph (C), (D),

or (E) shall be filed with—

(i) the Commission; and

(ii) each candidate in the same election and the

national party of each such candidate.

(2) Notification of disposal of excess contributions. In the next

regularly scheduled report after the date of the election for which a

candidate seeks nomination for election to, or election to, Federal

office, the candidate or the candidate’s authorized committee shall

submit to the Commission a report indicating the source and amount

of any excess contributions (as determined under subsection (a) and

the manner in which the candidate or the candidate’s authorized

committee used such funds.

(3) Enforcement. For provisions providing for the enforcement

of the reporting requirements under this subsection, see section 309

(2 U.S.C. § 437g).

§ 441b. Contributions or expenditures by national banks,

corporations, or labor organizations

(a) It is unlawful for any national bank, or any corporation organized

by authority of any law of Congress, to make a contribution or expenditure

in connection with any election to any political office, or in connection

with any primary election or political convention or caucus held to select

candidates for any political office, or for any corporation whatever, or any

labor organization, to make a contribu tion or expenditure in connection

with any election at which presi dential and vice presidential electors or

a Senator or Representative in, or a Delegate or Resident Commissioner

to, Congress are to be voted for, or in connection with any primary elec-

tion or political convention or caucus held to select candidates for any of

the foregoing offices, or for any candidate, political committee, or other

person knowingly to accept or receive any contribution prohibited by this

section, or any officer or any director of any corporation or any na tional

bank or any officer of any labor organization to consent to any contribution

Page 20

Title 2. The Congress

or expenditure by the corporation, national bank, or labor organization,

as the case may be, prohibited by this section.

(b) (1) For the purposes of this section the term “labor orga-

nization” means any organization of any kind, or any agency or

employee representation committee or plan, in which employ ees

participate and which exists for the purpose, in whole or in part, of

dealing with employers concerning grievances, labor dis putes, wages,

rates of pay, hours of employment, or conditions of work.

(2) For purposes of this section and section 79l(h) of title

15,

the term “contribution or expenditure” includes a contribution

or expenditure, as those terms are defined in section 301 (2 U.S.C. §

431), and also includes

any direct or indirect payment, distribution,

loan, advance, deposit, or gift of money, or any services, or anything

of value (except a loan of money by a national or State bank made

in accordance with the applicable banking laws and regulations

and in the ordi nary course of business) to any candidate, campaign

committee, or political party or organization, in connection with any

elec tion to any of the offices referred to in this section or for any

applicable electioneering communication, but shall not include

(A) communications by a corporation to its stock holders

and executive or administrative personnel and their families or

by a labor organization to its members and their families on

any subject;

(B) nonpartisan registration and get-out-the-vote cam-

paigns by a corporation aimed at its stockholders and executive

or administrative personnel and their families, or by a labor

organization aimed at its members and their families; and

§ 441b

15 U.S.C. § 79l(h) provides:

(h) Political contributions forbidden.

It shall be unlawful for any registered holding company, or any subsidiary company

thereof, by use of the mails or any means or instrumentality of interstate commerce, or

otherwise, di rectly or indirectly—

(1) to make any contribution whatsoever in connection with the candidacy, nomination,

elec tion or appointment of any person for or to any office or position in the Government of

the United States, a State, or any political subdivision of a State, or any agency, authority,

or instru mentality of any one or more of the foregoing; or

(2) to make any contribution to or in support of any political party or any committee

or agen cy thereof.

The term “contribution” as used in this subsection includes any gift, subscription, loan,

ad vance, or deposit of money or anything of value, and includes any contract, agreement,

or promise, whether or not legally enforceable, to make a contribution.

Sections 203(a) and 214(d) of the Bipartisan Campaign Reform Act of 2002 (BCRA),

Pub. L. No. 107-155, amended section 441b(b)(2). These amendments are effective as

of November 6, 2002.

Page 21

Federal Election Campaign Laws

§ 441b

of contributions to a separate segregated fund to be utilized

for political purposes by a corporation, labor orga nization,

membership organization, cooperative, or corpora tion without

capital stock.

(3) It shall be unlawful—

(A) for such a fund to make a contribution or expenditure

by utilizing money or anything of value secured by physical

force, job discrimination, financial reprisals, or the threat of

force, job discrimination, or financial reprisal; or by dues,

fees, or other moneys required as a condition of membership

in a labor organization or as a condition of employment, or by

moneys obtained in any commercial transaction;

(B) for any person soliciting an employee for a con-

tribution to such a fund to fail to inform such employee of the

political purposes of such fund at the time of such solicitation;

and

tribution to such a fund to fail to inform such employee at the

time of such solicitation, of his right to refuse to so contribute

without any reprisal.

(4) (A) Except as provided in subparagraphs (B), (C), and

(D), it shall be unlawful—

(i) for a corporation, or a separate segregated fund

established by a corporation, to solicit contribu tions to such

a fund from any person other than its stockholders and

their families and its executive or administrative personnel

and their families, and

(ii) for a labor organization, or a separate seg regated

fund established by a labor organization, to solicit con-

tributions to such a fund from any person other than its

members and their families.

(B) It shall not be unlawful under this section for a

corporation, a labor organization, or a separate segregated fund

established by such corporation or such labor organi zation, to

make 2 written solicitations for contributions dur ing the calendar

year from any stockholder, executiveor administrative personnel,

or employee of a corporation or the families of such persons. A

solicitation under this sub paragraph may be made only by mail

addressed to stock holders, executive or administrative person-

nel, or employ ees at their residence and shall be so designed

Page 22

Title 2. The Congress

that the cor poration, labor organization, or separate segregated

fund conducting such solicitation cannot determine who makes

a contribution of $50 or less as a result of such solicitation and

who does not make such a contribution.

ganization, cooperative, or corporation without capital stock,

or a separate segregated fund established by a mem bership

organization, cooperative, or corporation without capital stock,

from soliciting contributions to such a fund from members of

such organization, cooperative, or cor poration without capital

stock.

(D) This paragraph shall not prevent a trade associa tion

or a separate segregated fund established by a trade association

from soliciting contributions from the stock holders and execu-

tive or administrative personnel of the member corporations of

such trade association and the families of such stockholders or

personnel to the extent that such solicitation of such stockhold-

ers and personnel, and their families, has been separately and

specifically ap proved by the member corporation involved, and

such member corporation does not approve any such solicita-

tion by more than one such trade association in any calendar

year.

(5) Notwithstanding any other law, any method of solicit ing

voluntary contributions or of facilitating the making of vol untary

contributions to a separate segregated fund established by a corpora-

tion, permitted by law to corporations with regard to stockholders

and executive or administrative personnel, shall also be permitted to

labor organizations with regard to their members.

(6) Any corporation, including its subsidiaries, branches, di-

visions, and affiliates, that utilizes a method of soliciting vol untary

contributions or facilitating the making of voluntary con tributions,

shall make available such method, on written request and at a cost

sufficient only to reimburse the corporation for the expenses incurred

thereby, to a labor organization representing any members working

for such corporation, its subsidiaries, branches, divisions, and affili-

ates.

(7) For purposes of this section, the term “executive or ad-

ministrative personnel” means individuals employed by a cor poration

who are paid on a salary, rather than hourly, basis and who have

policymaking, managerial, professional, or supervisory responsibili-

ties.

§ 441b

Page 23

Federal Election Campaign Laws

§ 441b

(1) Applicable electioneering communication. For purposes

of this section, the term ‘applicable electioneering communication’

means an electioneering communication (within the meaning of sec-

tion 304(f)(3)) (2 U.S.C. § 434(f)(3)) which is made by any entity

described in subsection (a) of this section or by any other person

using funds donated by an entity described in subsection (a) of this

section.

(2) Exception. Notwithstanding paragraph (1), the term ‘ap-

plicable electioneering communication’ does not include a communi-

cation by a section 501(c)(4) organization or a political organization

(as defined in section 527(e)(1) of the Internal Revenue Code of

1986) made under section 304(f)(2)(E) or (F) of this Act (2 U.S.C. §

434(f)(2)(E) or (F)

)

if the communication is paid for exclusively by

funds provided directly by individuals who are United States citi-

zens or nationals or lawfully admitted for permanent residence (as

defined in section 101(a)(20) of the Immigration and Nationality Act

(8 U.S.C. § 1101(a)(20))). For purposes of the preceding sentence,

the term ‘provided directly by individuals’ does not include funds

the source of which is an entity described in subsection (a) of this

section.

(3) Special operating rules.

(A) Definition under paragraph (1). An election-

eering communication shall be treated as made by an

entity described in subsection (a) if an entity described in

subsection (a) directly or indirectly disburses any amount

for any of the costs of the communication.

(B) Exception under paragraph (2). A section

501(c)(4) organization that derives amounts from business

activities or receives funds from any entity described in

subsection (a) shall be considered to have paid for any com-

munication out of such amounts unless such organization

paid for the communication out of a segregated account

to which only individuals can contribute, as described in

section 304(f)(2)(E) (2 U.S.C. § 434(f)(2)(E)).

Section 203(b) of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No.

107-155, amended section 441b to add paragraphs (c)(1) through (5). This amendment

is effective as of November 6, 2002.

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Title 2. The Congress

(4) Definitions and rules. For purposes of this subsection—

(A) the term ‘section 501(c)(4) organization’

means—

(i) an organization described in section

501(c)(4) of the Internal Revenue Code of 1986 and

exempt from taxation under section 501(a) of such

Code; or

(ii) an organization which has submitted an

application to the Internal Revenue Service for de-

termination of its status as an organization described

in clause (i); and

(B) a person shall be treated as having made a dis-

bursement if the person has executed a contract to make

the disbursement.

(5) Coordination with Internal Revenue Code. Nothing in this

subsection shall be construed to authorize an organization exempt

from taxation under section 501(a) of the Internal Revenue Code

of 1986 to carry out any activity which is prohibited under such

Code.

(6) Special rules for targeted communications.

(A) Exception does not apply. Paragraph (2) shall

not apply in the case of a targeted communication that is

made by an organization described in such paragraph.

(B) Targeted communication. For purposes of

subparagraph (A), the term ‘targeted communication’

means an electioneering communication (as defined in

section 304(f)(3)) (2 U.S.C. § 434(f)(3)) that is distributed

from a television or radio broadcast station or provider of

cable or satellite television service and, in the case of a

communication which refers to a candidate for an office

other than President or Vice President, is targeted to the

relevant electorate.

communication is ‘targeted to the relevant electorate’ if it

meets the requirements described in section 304(f)(3)(C)

(2 U.S.C. § 434(f)(3)(C)).

§ 441b

Section 204 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, amended section 441b(c) to add paragraph (6). This amendment is effective as of

November 6, 2002.

Page 25

Federal Election Campaign Laws

§ 441c

§ 441c. Contributions by government contractors

(a) Prohibition.

It shall be unlawful for any person—

(1) Who enters into any contract with the United States or

any department or agency thereof either for the rendition of personal

services or furnishing any material, supplies, or equip ment to the

United States or any department or agency thereof or for selling any

land or building to the United States or any department or agency

thereof, if payment for the performance of such contract or payment

for such material, supplies, equipment, land, or building is to be

made in whole or in part from funds appropriated by the Congress,

at any time between the com mencement of negotiations for the later

of (A) the comple tion of performance under; or (B) the termination

of negotiations for, such contract or furnishing of material, supplies,

equipment, land, or buildings, directly or indirectly to make any con-

tribution of money or other things of value, or to promise expressly

or impliedly to make any such contribution to any political party,

committee, or candidate for public office or to any person for any

political purpose or use; or

(2) knowingly to solicit any such contribution from any such

person for any such purpose during any such period.

(b) Separate segregated funds.

This section does not prohibit or make unlawful the establish-

ment or administration of, or the solicitation of contributions to, any

separate segregated fund by any corporation, labor organization, mem-

bership organization, cooperative, or corporation without capital stock

for the purpose of influencing the nomination for election, or election,

of any person to Federal office, unless the provisions of section 441b of

this title prohibit or make unlawful the establishment or administration of,

or the solicitation of contributions to, such fund. Each specific prohibi-

tion, allowance, and duty applicable to a corporation, labor organization,

or separate segregated fund under section 441b of this title applies to a

corporation, labor organization, or separate segregated fund to which this

subsection applies.

For purposes of this section, the term “labor organization” has

the meaning given it by section 441b(b)(1) of this title.

Page 26

Title 2. The Congress

§ 441d. Publication and distribution of statements and solicita-

tions; charge for newspaper or magazine space

(a) Whenever a political committee makes a disbursement for the

purpose of financing any communication through any broadcasting station,

newspaper, magazine, outdoor advertising facility, mailing, or any other

type of general public political advertising, or whenever any person makes

a disbursement for the purpose of financing communications expressly ad-

vocating the election or defeat of a clearly identified candidate, or solicits

any contribution through any broadcasting station, newspaper, magazine,

outdoor advertising facility, mailing, or any other type of general public

political advertising or makes a disbursement for an electioneering com-

munication (as defined in section 304(f)(3)) (2 U.S.C. § 434(f)(3)), such

communication—

(1) if paid for and authorized by a candidate, an authorized

political committee of a candidate, or its agents, shall clearly state

that the communication has been paid for by such authorized politi-

cal committee, or

(2) if paid for by other persons but authorized by a candidate,

an authorized political committee of a candidate, or its agents, shall

clearly state that the communication is paid for by such other persons

and authorized by such authorized political committee;

(3) if not authorized by a candidate, an authorized political

committee of a candidate, or its agents, shall clearly state the name

and permanent street address, telephone number or World Wide Web

address of the person who paid for the communication and state that

the communication is not authorized by any candidate or candidate’s

committee.

(b) No person who sells space in a newspaper or magazine to a

candidate or to the agent of a candidate, for use in connection with such

candidate’s campaign, may charge any amount for such space which

exceeds the amount charged for comparable use of such space for other

purposes.

tion (a) shall—

(1) be of sufficient type size to be clearly readable by the

recipient of the communication;

§ 441d

Section 311 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-155,

amended section 441d to revise the language of paragraph (a) and insert paragraphs (c) and

(d). This amendment is effective as of November 6, 2002. It does not apply with respect

to runoff elections or recounts of contested elections resulting from elections held prior to

November 6, 2002. See section 402(a)(4) of BCRA, cited at Note, 2 U.S.C. § 431.

Page 27

Federal Election Campaign Laws

§ 441d

(2) be contained in a printed box set apart from the other

contents of the communication; and

(3) be printed with a reasonable degree of color contrast

between the background and the printed statement.

(d) Additional requirements.

(1) Communications by candidates or authorized persons.

(A) By radio. Any communication described in paragraph

(1) or (2) of subsection (a) which is transmitted through radio

shall include, in addition to the requirements of that paragraph,

an audio statement by the candidate that identifies the candidate

and states that the candidate has approved the communica-

tion.

(B) By television. Any communication described in para-

graph (1) or (2) of subsection (a) which is transmitted through

television shall include, in addition to the requirements of that

paragraph, a statement that identifies the candidate and states

that the candidate has approved the communication. Such

statement—

(i) shall be conveyed by—

(I) an unobscured, full-screen view of the

candidate making the statement, or

(II) the candidate in voice-over, accompanied

by a clearly identifiable photographic or similar im-

age of the candidate; and

(ii) shall also appear in writing at the end of the

communication in a clearly readable manner with a reason-

able degree of color contrast between the background and

the printed statement, for a period of at least 4 seconds.

(2) Communications by others. Any communication described

in paragraph (3) of subsection (a) which is transmitted through radio

or television shall include, in addition to the requirements of that

paragraph, in a clearly spoken manner, the following audio state-

ment: ‘_____ is responsible for the content of this advertising.’

(with the blank to be filled in with the name of the political com-

mittee or other person paying for the communication and the name

of any connected organization of the payor). If transmitted through

television, the statement shall be conveyed by an unobscured, full-

screen view of a representative of the political committee or other

Page 28

Title 2. The Congress

person making the statement, or by a representative of such political

committee or other person in voice-over, and shall also appear in a

clearly readable manner with a reasonable degree of color contrast

between the background and the printed statement, for a period of

at least 4 seconds.

§ 441e. Contributions and donations by foreign nationals

(a) Prohibition. It shall be unlawful for—

(1) a foreign national, directly or indirectly, to make—

(A) a contribution or donation of money or other thing

of value, or to make an express or implied promise to make a

contribution or donation, in connection with a Federal, State,

or local election;

(B) a contribution or donation to a committee of a politi-

cal party; or

ment for an electioneering communication (within the meaning

of section 304(f)(3)) (2 U.S.C. § 434(f)(3)); or

(2) a person to solicit, accept, or receive a contribution or

donation described in subparagraph (A) or (B) of paragraph (1) from

a foreign national.

(b) As used in this section, the term “foreign national” means—

(1) a foreign principal, as such term is defined by section

611(b) of title 22,

except that the term “foreign national” shall not

include any individual who is a citizen of the United States; or

§ 441e

Section 303 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, amended section 441e by revising the title of the section and the wording of paragraph

(a). This amendment is effective as of November 6, 2002.

22 U.S.C. § 611(b) provides:

(b) The term “foreign principal” includes—

(1) a government of a foreign country and a foreign political party;

(2) a person outside of the United States, unless it is established that such person is

an individual and a citizen of and domiciled within the United States, or that such person

is not an individual and is organized under or created by the laws of the United States

or of any State or other place subject to the jurisdiction of the United States and has its

principal place of business within the United States; and

(3) a partnership, association, corporation, organization, or other combination of

persons organized under the laws of or having its principal place of business in a foreign

country.

Page 29

Federal Election Campaign Laws

§ 441e

(2) an individual who is not a citizen of the United States or a

national of the United States (as defined in section 101(a)(22) of the

Immigration and Nationality Act)

and who is not lawfully admitted

for permanent residence, as defined by section 1101(a)(20) of title

§ 441f. Contributions in name of another prohibited

No person shall make a contribution in the name of another person

or knowingly permit his name to be used to effect such a contribution

and no person shall knowingly accept a contribution made by one person

in the name of another person.

§ 441g. Limitation on contribution of currency

No person shall make contributions of currency of the United States

or currency of any foreign country to or for the benefit of any candidate

which, in the aggregate, exceed $100, with respect to any campaign of such

candidate for nomination for election, or for election, to Federal office.

§ 441h. Fraudulent misrepresentation of campaign authority

(a) In general. No person who is a candidate for Federal office or

an employee or agent of such a candidate shall—

(1) fraudulently misrepresent himself or any committee or

organization under his control as speaking or writing or otherwise

acting for or on behalf of any other candidate or political party or

employee or agent thereof on a matter which is damaging to such

other candidate or political party or employee or agent thereof; or

(2) willfully and knowingly participate in or conspire to

participate in any plan, scheme, or design to violate paragraph (1).

(b) Fraudulent solicitation of funds. No person shall—

(1) fraudulently misrepresent the person as speaking, writing,

or otherwise acting for or on behalf of any candidate or political party

Section 309 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, amended section 441h to redesignate the existing section as paragraph (a) and add

paragraph (b). This amendment is effective as of November 6, 2002.

Section 317 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No.

107-155, amended section 441e(b)(2) to insert a cross reference to the Immigration and

Nationality Act. This amendment is effective as of November 6, 2002.

8 U.S.C. § 1101(a)(20) provides: (20) The term lawfully admitted for permanent residence

meansthe status of having been lawfully accorded the privilege of residing permanently in

the United States as an immigrant in accordance with the immigration laws, such status

not having changed.

Page 30

Title 2. The Congress

or employee or agent thereof for the purpose of soliciting contribu-

tions or donations; or

(2) willfully and knowingly participate in or conspire to

participate in any plan, scheme, or design to violate paragraph (1).

§ 441i. Soft money of political parties

(a) National committees.

(1) In general. A national committee of a political party (in-

cluding a national congressional campaign committee of a political

party) may not solicit, receive, or direct to another person a contri-

bution, donation, or transfer of funds or any other thing of value, or

spend any funds, that are not subject to the limitations, prohibitions,

and reporting requirements of this Act.

(2) Applicability. The prohibition established by paragraph

(1) applies to any such national committee, any officer or agent act-

ing on behalf of such a national committee, and any entity that is

directly or indirectly established, financed, maintained, or controlled

by such a national committee.

(b) State, district and local committees.

(1) In general. Except as provided in paragraph (2), an amount

that is expended or disbursed for Federal election activity by a State,

district, or local committee of a political party (including an entity

that is directly or indirectly established, financed, maintained, or

controlled by a State, district, or local committee of a political party

and an officer or agent acting on behalf of such committee or entity),

or by an association or similar group of candidates for State or local

office or of individuals holding State or local office, shall be made

from funds subject to the limitations, prohibitions, and reporting

requirements of this Act.

(2) Applicability.

(A) In general. Notwithstanding clause (i) or (ii) of

section 301(20)(A) (2 U.S.C. § 431(20)(A)), and subject to

subparagraph (B), paragraph (1) shall not apply to any amount

expended or disbursed by a State, district, or local committee of

a political party for an activity described in either such clause to

§ 441i

Prior to its repeal on August 14, 1991, by Section 6(d) of the Legislative Branch Appro-

priations Act, 1991, Pub. L. No. 102–90, section 441i regulated the acceptance of honoraria

by Senators and officers and employees of the U.S. Senate. Section 309 of the Bipartisan

Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-155, amended the Act to add

a new section 441i, concerning nonfederal funds of political parties. This amendment is

effective as of November 6, 2002.

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Federal Election Campaign Laws

§ 441i

the extent the amounts expended or disbursed for such activity

are allocated (under regulations prescribed by the Commission)

among amounts—

(i) which consist solely of contributions subject to

the limitations, prohibitions, and reporting requirements

of this Act (other than amounts described in subparagraph

(B)(iii)); and

(ii) other amounts which are not subject to the

limitations, prohibitions, and reporting requirements of this

Act (other than any requirements of this subsection).

(B) Conditions. Subparagraph (A) shall only apply if—

(i) the activity does not refer to a clearly identified

candidate for Federal office;

(ii) the amounts expended or disbursed are not for

the costs of any broadcasting, cable, or satellite commu-

nication, other than a communication which refers solely

to a clearly identified candidate for State or local office;

(iii) the amounts expended or disbursed which are

described in subparagraph (A)(ii) are paid from amounts

which are donated in accordance with State law and which

meet the requirements of subparagraph (C), except that no

person (including any person established, financed, main-

tained, or controlled by such person) may donate more

than $10,000 to a State, district, or local committee of a

political party in a calendar year for such expenditures or

disbursements; and

(iv) the amounts expended or disbursed are made

solely from funds raised by the State, local, or district

committee which makes such expenditure or disbursement,

and do not include any funds provided to such committee

from—

(I) any other State, local, or district committee

of any State party,

(II) the national committee of a political party

(including a national congressional campaign com-

mittee of a political party),

(III) any officer or agent acting on behalf of

any committee described in subclause (I) or (II), or

(IV) anyentity directly or indirectly established,

financed, maintained, or controlled by any committee

described in subclause (I) or (II).

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Title 2. The Congress

candidates and officeholders, and state parties acting jointly.

Notwithstanding subsection (e) (other than subsection (e)(3)),

amounts specifically authorized to be spent under subparagraph

(B)(iii) meet the requirements of this subparagraph only if the

amounts—

(i) are not solicited, received, directed, transferred,

or spent by or in the name of any person described in

subsection (a) or (e); and

(ii) are not solicited, received, or directed through

fundraising activities conducted jointly by 2 or more

State, local, or district committees of any political party

or their agents, or by a State, local, or district committee

of a political party on behalf of the State, local, or district

committee of a political party or its agent in one or more

other States.

subsection (a) or (b) to raise funds that are used, in whole or in part, for

expenditures and disbursements for a Federal election activity shall be

made from funds subject to the limitations, prohibitions, and reporting

requirements of this Act.

(d) Tax-exempt organizations. A national, State, district, or local

committee of a political party (including a national congressional campaign

committee of a political party), an entity that is directly or indirectly es-

tablished, financed, maintained, or controlled by any such national, State,

district, or local committee or its agent, and an officer or agent acting on

behalf of any such party committee or entity, shall not solicit any funds

for, or make or direct any donations to—

(1) an organization that is described in section 501(c) of the

Internal Revenue Code of 1986 and exempt from taxation under

section 501(a) of such Code (or has submitted an application for

determination of tax exempt status under such section) and that makes

expenditures or disbursements in connection with an election for

Federal office (including expenditures or disbursements for Federal

election activity); or

(2) an organization described in section 527 of such Code

(other than a political committee, a State, district, or local commit-

tee of a political party, or the authorized campaign committee of a

candidate for State or local office).

§ 441i

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Federal Election Campaign Laws

§ 441i

(e) Federal candidates.

(1) In general. A candidate, individual holding Federal office,

agent of a candidate or an individual holding Federal office, or an

entity directly or indirectly established, financed, maintained or con-

trolled by or acting on behalf of 1 or more candidates or individuals

holding Federal office, shall not—

(A) solicit, receive, direct, transfer, or spend funds in

connection with an election for Federal office, including funds

for any Federal election activity, unless the funds are subject

to the limitations, prohibitions, and reporting requirements of

this Act; or

(B) solicit, receive, direct, transfer, or spend funds in

connection with any election other than an election for Federal

office or disburse funds in connection with such an election

unless the funds—

(i) are not in excess of the amounts permitted

with respect to contributions to candidates and political

committees under paragraphs (1), (2), and (3) of section

315(a) (2 U.S.C. § 441a(a)); and

(ii) are not from sources prohibited by this Act

from making contributions in connection with an election

for Federal office.

(2) State law. Paragraph (1) does not apply to the solicita-

tion, receipt, or spending of funds by an individual described in such

paragraph who is or was also a candidate for a State or local office

solely in connection with such election for State or local office if the

solicitation, receipt, or spending of funds is permitted under State

law and refers only to such State or local candidate, or to any other

candidate for the State or local office sought by such candidate, or

both.

(3) Fundraising events. Notwithstanding paragraph (1) or

subsection (b)(2)(C), a candidate or an individual holding Federal

office may attend, speak, or be a featured guest at a fundraising event

for a State, district, or local committee of a political party.

(4) Permitting certain solicitations.

(A) General solicitations. Notwithstanding any other

provision of this subsection, an individual described in para-

graph (1) may make a general solicitation of funds on behalf

of any organization that is described in section 501(c) of the

Internal Revenue Code of 1986 and exempt from taxation under

section 501(a) of such Code (or has submitted an application

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Title 2. The Congress

for determination of tax exempt status under such section)

(other than an entity whose principal purpose is to conduct

activities described in clauses (i) and (ii) of section 301(20)(A))

(2 U.S.C. § 431(20)(A)) where such solicitation does not specify

how the funds will or should be spent.

(B) Certain specific solicitations. In addition to the gen-

eral solicitations permitted under subparagraph (A), an individual

described in paragraph (1) may make a solicitation explicitly to

obtain funds for carrying out the activities described in clauses

(i) and (ii) of section 301(20)(A) (2 U.S.C. § 431(20)(A)), or for

an entity whose principal purpose is to conduct such activities,

if—

(i) the solicitation is made only to individuals;

and

(ii) the amount solicited from any individual during

any calendar year does not exceed $20,000.

(f) State candidates.

(1) In general.A candidate for State or local office, individual

holding State or local office, or an agent of such a candidate or in-

dividual may not spend any funds for a communication described in

section 301(20)(A)(iii) (2 U.S.C. § 431(20)(A)(iii)) unless the funds

are subject to the limitations, prohibitions, and reporting requirements

of this Act.

(2) Exception for certain communications. Paragraph (1)

shall not apply to an individual described in such paragraph if the

communication involved is in connection with an election for such

State or local office and refers only to such individual or to any

other candidate for the State or local office held or sought by such

individual, or both.

§ 441j. Repealed.

§ 441k. Prohibition of contributions by minors

An individual who is 17 years old or younger shall not make a

contribution to a candidate or a contribution or donation to a committee

of a political party.

§ 441k

Section 318 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, amended the Act to add section 441k. This amendment was effective as of November

6, 2002. However, in McConnell v. FEC, 124 S. Ct. 619, 711 (2003), the Supreme Court

ruled that section 441k was unconstitutional.

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Federal Election Campaign Laws

§ 442

§ 442. Authority to procure technical support and other services

and incur travel expenses; payment of such expenses

For the purpose of carrying out his duties under the Federal Election

Campaign Act of 1971, the Secretary of the Senate is authorized, from

and after July 1, 1972,

(1) to procure technical support services,

(2) to procure the temporary or intermittent services of indi-

vidual technicians, experts, or consultants, or organizations thereof,

in the same manner and under the same conditions, to the extent

applicable, as a standing committee of the Senate may procure such

services under section 72a(i) of this title,

(3) with the prior consent of the Government department or

agency concerned and the Committee on Rules and Administration,

to use on a reimbursable basis the services of personnel of any such

department or agency, and

(4) to incur official travel expenses.

Payments to carry out the provisions of this paragraph shall be made

from funds included in the appropriation “Miscellaneous Items” under

the heading “Contingent Expenses of the Senate” upon vouchers approved

by the Secretary of the Senate. All sums received by the Secretary under

authority of the Federal Election Campaign Act of 1971 shall be covered

into the Treasury as miscellaneous receipts.

Subchapter II—General Provisions

§ 451. Extension of credit by regulated industries; regulations

The Secretary of Transportation, the Federal Communications Com-

mission, and the Surface Transportation Board shall each maintain its own

regulations with respect to the extension of credit, without security, by any

person regulated by the Secretary under subpart II of part A of subtitle VII

of Title 49, or such Commission or Board, to any candidate for Federal

office, or to any person on behalf of such a candidate, for goods furnished

or services rendered in connection with the campaign of such candidate

for nomination for election, or election, to such office.

§ 452. Prohibition against use of certain Federal funds for elec-

tion activities

No part of any funds appropriated to carry out the Economic Op-

portunity Act of 1964 (42 U.S.C. § 2701 et seq.) shall be used to finance,

The wording of section 451 was slightly modified by several technical amendments

contained in Pub. L. Nos. 104-287, 104-88 and 103-272.

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Title 2. The Congress

directly or indirectly, any activity designed to influence the outcome of any

election to Federal office, or any voter registration activity, or to pay the

salary of any officer or employee of the Office of Economic Opportunity

who, in his official capacity as such an officer or employee, engages in

any such activity.

§ 453. State laws affected

(a) In general. Subject to subsection (b), the provisions of this

Act, and of rules prescribed under this Act, supersede and preempt any

provision of State law with respect to election to Federal office.

(b) State and local committees of political parties. Notwithstanding

any other provision of this Act, a State or local committee of a political

party may, subject to State law, use exclusively funds that are not subject

to the prohibitions, limitations, and reporting requirements of the Act for

the purchase or construction of an office building for such State or local

committee.

§ 454. Partial invalidity

If any provision of this Act, or the application thereof to any person

or circumstance, is held invalid, the validity of the remainder of the Act

and the application of such provision to other persons and circumstances

shall not be affected thereby.

§ 455. Period of limitations

(a) No person shall be prosecuted, tried, or punished for any viola-

tion of subchapter I of this chapter, unless the indictment is found or the

information is instituted within 5 years after the date of the violation.

§ 455

Section 103(b)(2) of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No.

107-155, amended section 453 to redesignate the existing section as (a) and add paragraph

(b). This amendment is effective as of November 6, 2002.

Section 401 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, provided:

“If any provision of this Act or amendment made by this Act, or the application of

a provision or amendment to any person or circumstance, is held to be unconstitutional,

the remainder of this Act and amendments made by this Act, and the application of the

provisions and amendment to any person or circumstance, shall not be affected by the

holding.”

Section 313 of the Bipartisan Campaign Reform Act of 2002 (BCRA), Pub. L. No. 107-

155, amended section 455(a) by striking “(3)” and inserting “(5)”. This amendment is

effective for violations occurring on or after November 6, 2002.

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Federal Election Campaign Laws

§ 455

(b) Notwithstanding any other provision of law—

(1) the period of limitations referred to in subsection (a) of

this section shall apply with respect to violations referred to in such

subsection committed before, on, or after the effective date of this

section; and

(2) no criminal proceeding shall be instituted against any

person for any act or omission which was a violation of any provi-

sion of subchapter I of this chapter, as in effect on December 31,

1974, if such act or omission does not constitute a violation of any

such provision, as amended by the Federal Election Campaign Act

Amendments of 1974.

Nothing in this subsection shall affect any proceeding pending in any

court of the United States on January 1, 1975.

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Title 26. Internal Revenue Code

§ 451

TITLE 26. INTERNAL REVENUE CODE

Chapter 95—Presidential Election Campaign Fund

§ 9001. Short title

This chapter may be cited as the “Presidential Election Campaign

Fund Act”.

§ 9002. Definitions

For purposes of this chapter—

(1) The term “authorized committee” means, with respect to

the candidates of a political party for President and Vice President

of the United States, any political committee which is authorized in

writing by such candidates to incur expenses to further the election of

such candidates. Such authorization shall be addressed to the chairman

of such political committee, and a copy of such authorization shall

be filed by such candidates with the Commission. Any withdrawal

of any authorization shall also be in writing and shall be addressed

and filed in the same manner as the authorization.

(2) The term “candidate” means with respect to any presidential

election, an individual who—

(A) has been nominated for election to the office of

President of the United States or the office of Vice President

of the United States by a major party, or

(B) has qualified to have his name on the election ballot

(or to have the names of electors pledged to him on the elec-

tion ballot) as the candidate of a political party for election to

either such office in 10 or more States.

For purposes of paragraphs (6) and (7) of this section and purposes

of section 9004(a)(2), the term “candidate” means, with respect

to any preceding presidential election, an individual who received

popular votes for the office of President in such election. The term

“candidate” shall not include any individual who has ceased actively

to seek election to the office of President of the United States or to

the office of Vice President of the United States, in more than one

State.

(3) The term “Commission” means the Federal Election

Commission established by section 309(a)(1) of the Federal Election

Campaign Act of 1971 (section 437c(a)(1) of title 2).

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Federal Election Campaign Laws

§ 9002

(4) The term “eligible candidates” means the candidates of a

political party for President and Vice President of the United States

who have met all applicable conditions for eligibility to receive pay-

ments under this chapter set forth in section 9003.

(5) The term “fund” means the Presidential Election Campaign

Fund established by section 9006(a).

(6) The term “major party” means, with respect to any

presidential election, a political party whose candidate for the office

of President in the preceding presidential election received, as the

candidate of such party, 25 percent or more of the total number of

popular votes received by all candidates for such office.

(7) The term “minor party” means, with respect to any

presidential election, a political party whose candidate for the office

of President in the preceding presidential election received, as the

candidate of such party, 5 percent or more but less than 25 percent

of the total number of popular votes received by all candidates for

such office.

(8) The term “new party” means with respect to any presi-

dential election, a political party which is neither a major party nor

a minor party.

(9) The term “political committee” means any committee, as-

sociation, or organization (whether or not incorporated) which accepts

contributions or makes expenditures for the purpose of influencing,

or attempting to influence, the nomination or election of one or more

individuals to Federal, State, or local elective public office.

(10) The term “presidential election” means the election of

presidential and vice-presidential electors.

(11) The term “qualified campaign expense” means an

expense—

(A) incurred—

(i) by the candidate of a political party for the of-

fice of President to further his election to such office or

to further the election of the candidate of such political

party for the office of Vice President, or both

(ii) by the candidate of a political party for the

office of Vice President to further his election to such

office or to further the election of the candidate of such

political party for the office of President, or both, or

(iii) by an authorized committee of the candidates

of a political party for the offices of President and Vice

President to further the election of either or both of such

candidates to such offices,

(B) incurred within the expenditure report period (as

defined in paragraph (12)), or incurred before the beginning of

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Title 26. Internal Revenue Code

such period to the extent such expense is for property, services,

or facilities used during such period, and

a violation of any law of the United States or of the State in

which such expense is incurred or paid.

An expense shall be considered as incurred by a candidate or

an authorized committee if it is incurred by a person authorized by

such candidate or such committee, as the case may be, to incur such

expense on behalf of such candidate or such committee. If an autho-

rized committee of the candidates of a political party for President and

Vice President of the United States also incurs expenses to further the

election of one or more other individuals to Federal, State, or local

elective public office, expenses incurred by such committee which

are not specifically to further the election of such other individual or

individuals shall be considered as incurred to further the election of

such candidates for President and Vice President in such proportion

as the Commission prescribes by rules or regulations.

(12) The term “expenditure report period” with respect to any

presidential election means—

(A) in the case of a major party, the period beginning with

the first day of September before the election, or, if earlier, with

the date on which such major party at its national convention

nominated its candidate for election to the office of President

of the United States, and ending 30 days after the date of the

presidential election; and

(B) in the case of a party which is not a major party,

the same period as the expenditure report period of the major

party which has the shortest expenditure report period for such

presidential election under subparagraph (A).

§ 9003. Condition for eligibility for payments

(a) In general. In order to be eligible to receive any payments under

section 9006, the candidates of a political party in a presidential election

shall, in writing—

(1) agree to obtain and furnish to the Commission such evi-

dence as it may request of the qualified campaign expenses of such

candidates,

(2) agree to keep and furnish to the Commission such records,

books, and other information as it may request, and

(3) agree to an audit and examination by the Commission

under section 9007 and to pay any amounts required to be paid under

such section.

§ 9003

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Federal Election Campaign Laws

§ 9003

(b) Major parties. In order to be eligible to receive any payments

under section 9006, the candidates of a major party in a presidential election

shall certify to the Commission, under penalty of perjury, that—

(1) such candidates and their authorized committees will not

incur qualified campaign expenses in excess of the aggregate pay-

ments to which they will be entitled under section 9004, and

(2) no contributions to defray qualified campaign expenses

have been or will be accepted by such candidates or any of their

authorized committees except to the extent necessary to make up

any deficiency in payments received out of the fund on account of

the application of section 9006(c), and no contributions to defray

expenses which would be qualified campaign expenses but for sub-

paragraph (C) of section 9002(l1) have been or will be accepted by

such candidates or any of their authorized committees.

Such certification shall be made within such time prior to the day of

the presidential election as the Commission shall prescribe by rules or

regulations.

payments under section 9006, the candidates of a minor or new party in

a presidential election shall certify to the Commission under penalty of

perjury, that—

(1) such candidates and their authorized committees will not

incur qualified campaign expenses in excess of the aggregate pay-

ments to which the eligible candidates of a major party are entitled

under section 9004, and

(2) such candidates and their authorized committees will ac-

cept and expend or retain contributions to defray qualified campaign

expenses only to the extent that the qualified campaign expenses

incurred by such candidates and their authorized committees certi-

fied to under paragraph (1) exceed the aggregate payments received

by such candidates out of the fund pursuant to section 9006.

Such certification shall be made within such time prior to the day of

the presidential election as the Commission shall prescribe by rules or

regulations.

(d) Withdrawal by candidate. In any case in which an individual

ceases to be a candidate as a result of the operation of the last sentence

of section 9002(2), such individual—

(1) shall no longer be eligible to receive any payments under

section 9006, except that such individual shall be eligible to receive

payments under such section to defray qualified campaign expenses

incurred while actively seeking election to the office of President

of the United States or to the office of Vice President of the United

States in more than one State; and

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Title 26. Internal Revenue Code

§ 9004

(2) shall pay to the Secretary, as soon as practicable after

the date upon which such individual ceases to be a candidate, an

amount equal to the amount of payments received by such individual

under section 9006 which are not used to defray qualified campaign

expenses.

(e) Closed captioning requirement. No candidate for the office of

President or Vice President may receive amounts from the Presidential

Election Campaign Fund under this chapter or chapter 96 unless such

candidate has certified that any television commercial prepared or dis-

tributed by the candidate will be prepared in a manner which ensures

that the commercial contains or is accompanied by closed captioning of

the oral content of the commercial to be broadcast in line 21 of the verti-

cal blanking interval, or is capable of being viewed by deaf and hearing

impaired individuals via any comparable successor technology to line 21

of the vertical blanking interval.

§ 9004. Entitlement of eligible candidates to payments

(a) In general. Subject to the provisions of this chapter—

(1) The eligible candidates of each major party in a presidential

election shall be entitled to equal payments under section 9006 in

an amount which, in the aggregate, shall not exceed the expenditure

limitations applicable to such candidates under section 441a(b)(1)(B)

of title 2.

(2) (A) The eligible candidates of a minor party in a presiden-

tial election shall be entitled to payments under section 9006

equal in the aggregate to an amount which bears the same ratio

to the amount allowed under paragraph (1) for a major party

as the number of popular votes received by the candidate for

President of the minor party, as such candidate, in the preceding

presidential election bears to the average number of popular

votes received by the candidates for President of the major

parties in the preceding presidential election.

(B) If the candidate of one or more political parties

(not including a major party) for the office of President was a

candidate for such office in the preceding presidential election

and received 5 percent or more but less than 25 percent of the

total number of popular votes received by all candidates for

such office, such candidate and his running mate for the of-

fice of Vice President, upon compliance with the provisions of

section 9003(a) and (c), shall be treated as eligible candidates

entitled to payments under section 9006 in an amount com-

puted as provided in subparagraph (A) by taking into account

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Federal Election Campaign Laws

§ 9004

all the popular votes received by such candidate for the office

of President in the preceding presidential election. If eligible

candidates of a minor party are entitled to payments under this

subparagraph, such entitlement shall be reduced by the amount

of the entitlement allowed under subparagraph (A).

(3) The eligible candidates of a minor party or a new party in

a presidential election whose candidate for President in such election

receives, as such candidate, 5 percent or more of the total number of

popular votes cast for the office of President in such election shall

be entitled to payments under section 9006 equal in the aggregate

to an amount which bears the same ratio to the amount allowed un-

der paragraph (1) for a major party as the number of popular votes

received by such candidate in such election bears to the average

number of popular votes received in such election by the candidates

for President of the major parties. In the case of eligible candidates

entitled to payments under paragraph (2), the amount allowable under

this paragraph shall be limited to the amount, if any, by which the

entitlement under the preceding sentence exceeds the amount of the

entitlement under paragraph (2).

(b) Limitations. The aggregate payments to which the eligible

candidates of a political party shall be entitled under subsections (a)(2)

and (3) with respect to a presidential election shall not exceed an amount

equal to the lower of—

(1) the amount of qualified campaign expenses incurred by

such eligible candidates and their authorized committees, reduced by

the amount of contributions to defray qualified campaign expenses

received and expended or retained by such eligible candidates and

such committees, or

(2) the aggregate payments to which the eligible candidates

of a major party are entitled under subsection (a)(1), reduced by the

amount of contributions described in paragraph (1) of this subsec-

tion.

be entitled to payments under subsection (a) only—

(1) to defray qualified campaign expenses incurred by such

eligible candidates or their authorized committees, or

(2) to repay loans the proceeds of which were used to defray

such qualified campaign expenses, or otherwise to restore funds (other

than contributions to defray qualified campaign expenses received

and expended by such candidates or such committees) used to defray

such qualified campaign expenses.

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Title 26. Internal Revenue Code

§ 9006

(d) Expenditures from personal funds. In order to be eligible to

receive any payment under section 9006, the candidate of a major, minor,

or new party in an election for the office of President shall certify to the

Commission, under penalty of perjury, that such candidate will not know-

ingly make expenditures from his personal funds, or the personal funds of

his immediate family, in connection with his campaign for election to the

office of President in excess of, in the aggregate, $50,000. For purposes

of this subsection, expenditures from personal funds made by a candidate

of a major, minor, or new party for the office of Vice President shall be

considered to be expenditures by the candidate of such party for the office

of President.

(e) Definition of immediate family. For purposes of subsection (d),

the term “immediate family” means a candidate’s spouse, and any child,

parent, grandparent, brother, half-brother, sister, or half-sister of the can-

didate, and the spouses of such persons.

§ 9005. Certification by Commission

(a) Initial certifications. Not later than 10 days after the candidates

of a political party for President and Vice President of the United States

have met all applicable conditions for eligibility to receive payments under

this chapter set forth in section 9003, the Commission shall certify to the

Secretary of the Treasury for payment to such eligible candidates under

section 9006 payment in full of amounts to which such candidates are

entitled under section 9004.

(b) Finality of certifications and determinations. Initial certifications

by the Commission under subsection (a), and all determinations made by

it under this chapter, shall be final and conclusive, except to the extent

that they are subject to examination and audit by the Commission under

section 9007 and judicial review under section 9011.

§ 9006. Payments to eligible candidates

(a) Establishment of campaign fund. There is hereby established

on the books of the Treasury of the United States a special fund to be

known as the “Presidential Election Campaign Fund”. The Secretary of

the Treasury shall, from time to time, transfer to the fund an amount not

in excess of the sum of the amounts designated (subsequent to the previ-

ous Presidential election) to the fund by individuals under section 6096.

There is appropriated to the fund for each fiscal year, out of amounts in

the general fund of the Treasury not otherwise appropriated, an amount

equal to the amounts so designated during each fiscal year, which shall

remain available to the fund without fiscal year limitation.

Page 45

Federal Election Campaign Laws

§ 9006

(b) Payments from the fund. Upon receipt of a certification from the

Commission under section 9005 for payment to the eligible candidates of

a political party, the Secretary of the Treasury shall pay to such candidates

out of the fund the amount certified by the Commission. Amounts paid to

any such candidates shall be under the control of such candidates.

the Commission under section 9005 for payment to the eligible candidates

of a political party, the Secretary determines that the moneys in the fund

are not, or may not be, sufficient to satisfy the full entitlements of the

eligible candidates of all political parties, he shall withhold from such

payment such amount as he determines to be necessary to assure that the

eligible candidates of each political party will receive their pro rata share

of their full entitlement. Amounts withheld by reason of the preceding

sentence shall be paid when the Secretary determines that there are suf-

ficient moneys in the fund to pay such amounts, or portions thereof, to all

eligible candidates from whom amounts have been withheld, but, if there

are not sufficient moneys in the fund to satisfy the full entitlement of the

eligible candidates of all political parties, the amounts so withheld shall

be paid in such manner that the eligible candidates of each political party

receive their pro rata share of their full entitlement. In any case in which

the Secretary determines that there are insufficient moneys in the fund

to make payments under subsection (b), section 9008(b)(3), and section

9037(b), moneys shall not be made available from any other source for

the purpose of making such payments.

§ 9007. Examinations and audits; repayments

(a) Examinations and audits. After each presidential election,

the Commission shall conduct a thorough examination and audit of the

qualified campaign expenses of the candidates of each political party for

President and Vice President.

(b) Repayments.

(1) If the Commission determines that any portion of the

payments made to the eligible candidates of a political party under

section 9006 was in excess of the aggregate payments to which

candidates were entitled under section 9004, it shall so notify such

candidates, and such candidates shall pay to the Secretary of the

Treasury an amount equal to such portion.

(2) If the Commission determines that the eligible candidates

of a political party and their authorized committees incurred qualified

campaign expenses in excess of the aggregate payments to which

the eligible candidates of a major party were entitled under section

9004, it shall notify such candidates of the amount of such excess

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and such candidates shall pay to the Secretary of the Treasury an

amount equal to such amount.

(3) If the Commission determines that the eligible candidates

of a major party or any authorized committee of such candidates ac-

cepted contributions (other than contributions to make up deficiencies

in payments out of the fund on account of the application of section

9006(c)) to defray qualified campaign expenses (other than quali-

fied campaign expenses with respect to which payment is required

under paragraph (2)), it shall notify such candidates of the amount

of the contributions so accepted, and such candidates shall pay to

the Secretary of the Treasury an amount equal to such amount.

(4) If the Commission determines that any amount of any

payment made to the eligible candidates of a political party under

section 9006 was used for any purpose other than—

(A) to defray the qualified campaign expenses with

respect to which such payment was made, or

(B) to repay loans the proceeds of which were used, or

otherwise to restore funds (other than contributions to defray

qualified campaign expenses which were received and expended)

which were used to defray such qualified campaign expenses,

it shall notify such candidates of the amount so used, and such

candidates shall pay to the Secretary of the Treasury an amount

equal to such amount.

(5) No payment shall be required from the eligible candidates

of a political party under this subsection to the extent that such pay-

ment, when added to other payments required from such candidates

under this subsection, exceeds the amount of payments received by

such candidates under section 9006.

under subsection (b) with respect to a presidential election more than 3

years after the day of such election.

(d) Deposit of repayments. All payments received by the Secretary

of the Treasury under subsection (b) shall be deposited by him in the

general fund of the Treasury.

§ 9008. Payments for presidential nominating conventions

(a) Establishment of accounts. The Secretary shall maintain in the

fund, in addition to any account which he maintains under section 9006(a),

a separate account for the national committee of each major party and minor

party. The Secretary shall deposit in each such account an amount equal to

the amount which each such committee may receive under subsection (b).

Such deposits shall be drawn from amounts designated by individuals under

section 6096 and shall be made before any transfer is made to any account

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for any eligible candidate under section 9006(a).

(b) Entitlement to payments from the fund.

(1) Major parties. Subject to the provisions of this section,

the national committee of a major party shall be entitled to payments

under paragraph (3), with respect to any presidential nominating

convention, in amounts which, in the aggregate, shall not exceed

$4,000,000.

(2) Minor parties. Subject to the provisions of this section,

the national committee of a minor party shall be entitled to payments

under paragraph (3), with respect to any presidential nominating

convention, in amounts which, in the aggregate, shall not exceed an

amount which bears the same ratio to the amount the national com-

mittee of a major party is entitled to receive under paragraph (1) as

the number of popular votes received by the candidate for president

of the minor party, as such candidate, in the preceding Presidential

election bears to the average number of popular votes received by

the candidates for President of the United States of the major parties

in the preceding Presidential election.

(3) Payments. Upon receipt of certification from the Com-

mission under subsection (g), the Secretary shall make payments

from the appropriate account maintained under subsection (a) to the

national committee of a major party or minor party which elects to

receive its entitlement under this subsection. Such payments shall be

available for use by such committee in accordance with the provi-

sions of subsection (c).

(4) Limitation. Payments to the national committee of a

major party or minor party under this subsection, from the account

designated for such committee shall be limited to the amounts in

such account at the time of payment.

(5) Adjustment of entitlements.The entitlements established by

this subsection shall be adjusted in the same manner as expenditure

limitations established by section 441a(b) and section 441a(d) of

title 2, United States Code, are adjusted pursuant to the provisions

of section 441a(c) of such title.

(b) shall be used to defray the expenses of any candidate or delegate who

is participating in any presidential nominating convention. Such payments

shall be used only—

(1) to defray expenses incurred with respect to a presidential

nominating convention (including the payment of deposits) by or on

behalf of the national committee receiving such payments; or

(2) to repay loans the proceeds of which were used to defray

such expenses, or otherwise to restore funds (other than contributions

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to defray such expenses received by such committee) used to defray

such expenses.

(d) Limitation of expenditures.

(1) Major parties. Except as provided by paragraph (3), the

national committee of a major party may not make expenditures

with respect to a presidential nominating convention which, in the

aggregate, exceed the amount of payments to which such committee

is entitled under subsection (b)(1).

(2) Minor parties. Except as provided by paragraph (3), the

national committee of a minor party may not make expenditures

with respect to a presidential nominating convention which, in the

aggregate, exceed the amount of the entitlement of the national com-

mittee of a major party under subsection (b)(1).

(3) Exception. The Commission may authorize the national

committee of a major party or minor party to make expenditures

which, in the aggregate, exceed the limitation established by para-

graph (1) or paragraph (2) of this subsection. Such authorization

shall be based upon a determination by the Commission that, due

to extraordinary and unforeseen circumstances, such expenditures

are necessary to assure the effective operation of the presidential

nominating convention by such committee.

(4) Provision of legal or accounting services. For purposes

of this section, the payment, by any person other than the national

committee of a political party (unless the person paying for such

services is a person other than the regular employer of the individual

rendering such services) of compensation to any individual for legal

or accounting services rendered to or on behalf of the national com-

mittee of a political party shall not be treated as an expenditure made

by or on behalf of such committee with respect to its limitations on

presidential nominating convention expenses.

(e) Availability of payments. The national committee of a major

party or minor party may receive payments under subsection (b)(3) begin-

ning on July 1 of the calendar year immediately preceding the calendar

year in which a presidential nominating convention of the political party

involved is held.

(f) Transfer to the fund. If, after the close of a presidential nomi-

nating convention and after the national committee of the political party

involved has been paid the amount which it is entitled to receive under

this section, there are moneys remaining in the account of such national

committee, the Secretary shall transfer the moneys so remaining to the

fund.

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(g) Certification by Commission. Any major party or minor party

may file a statement with the Commission in such form and manner and

at such times as it may require, designating the national committee of such

party. Such statement shall include the information required by section

433(b) of title 2, together with such additional information as the Com-

mission may require. Upon receipt of a statement filed under the preceding

sentences, the Commission promptly shall verify such statement according

to such procedures and criteria as it may establish and shall certify to the

Secretary for payment in full to any such committee of amounts to which

such committee may be entitled under subsection (b). Such certifications

shall be subject to an examination and audit which the Commission shall

conduct no later than December 31 of the calendar year in which the

presidential nominating convention involved is held.

(h) Repayments. The Commission shall have the same author-

ity to require repayments from the national committee of a major party

or a minor party as it has with respect to repayments from any eligible

candidate under section 9007(b). The provisions of section 9007(c) and

section 9007(d) shall apply with respect to any repayment required by the

Commission under this subsection.

§ 9009. Reports to Congress; regulations

(a) Reports. The Commission shall, as soon as practicable after

each presidential election, submit a full report to the Senate and House

of Representatives setting forth—

(1) the qualified campaign expenses (shown in such detail as

the Commission determines necessary) incurred by the candidates

of each political party and their authorized committees;

(2) the amounts certified by it under section 9005 for payment

to the eligible candidates of each political party;

(3) the amount of payments, if any, required from such

candidates under section 9007, and the reasons for each payment

required;

(4) the expenses incurred by the national committee of a

major party or minor party with respect to a presidential nominating

convention;

(5) the amounts certified by it under section 9008(g) for pay-

ment to each such committee; and

(6) the amount of payments, if any, required from such com-

mittees under section 9008(h), and the reasons for each such pay-

ment.

This report is no longer required. See House Document No. 103-7, cited at Note, 31

U.S.C. § 1113 and Pub. L. No. 104-66.

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§ 9010

Each report submitted pursuant to this section shall be printed as a Sen-

ate document.

(b) Regulations, etc. The Commission is authorized to prescribe such

rules and regulations in accordance with the provisions of subsection (c),

to conduct such examinations and audits (in addition to the examinations

and audits required by section 9007(a)), to conduct such investigations,

and to require the keeping and submission of such books, records, and

information, as it deems necessary to carry out the functions and duties

imposed on it by this chapter.

(1) The Commission, before prescribing any rule or regulation

under subsection (b), shall transmit a statement with respect to such

rule or regulation to the Senate and to the House of Representatives,

in accordance with the provisions of this subsection. Such statement

shall set forth the proposed rule or regulation and shall contain a

detailed explanation and justification of such rule or regulation.

(2) If either such House does not, through appropriate action,

disapprove the proposed rule or regulation set forth in such statement

no later than 30 legislative days after receipt of such statement, then

the Commission may prescribe such rule or regulation. Whenever

a committee of the House of Representatives reports any resolution

relating to any such rule or regulation, it is at any time thereafter in

order (even though a previous motion to the same effect has been

disagreed to) to move to proceed to the consideration of the resolu-

tion. The motion is highly privileged and is not debatable. An amend-

ment to the motion is not in order, and it is not in order to move to

reconsider the vote by which the motion is agreed to or disagreed

to. The Commission may not prescribe any rule or regulation which

is disapproved by either such House under this paragraph.

(3) For purposes of this subsection, the term “legislative

days” does not include any calendar day on which both Houses of

the Congress are not in session.

(4) For purposes of this subsection, the term “rule or regula-

tion” means a provision or series of interrelated provisions stating

a single separable rule of law.

§ 9010. Participation by Commission in judicial proceedings

(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

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§ 9010

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 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.

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.

(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.

§ 9011. Judicial review

(a) Review of certification, determination, or other action by the

Commission.Any certification, determination, or other action by the Com-

mission made or taken pursuant to the provisions of this chapter shall be

subject to review by the United States Court of Appeals for the District

of Columbia upon petition filed in such Court by any interested person.

Any petition filed pursuant to this section shall be filed within thirty days

after the certification, determination, or other action by the Commission

for which review is sought.

(b) Suits to implement chapter.

(1) The Commission, the national committee of any political

party, and individuals eligible to vote for President are authorized

to institute such actions, including actions for declaratory judgment

or injunctive relief, as may be appropriate to implement or construe

any provisions of this chapter.

(2) The district courts of the United States shall have juris-

diction of proceedings instituted pursuant to this subsection and

shall exercise the same without regard to whether a person asserting

rights under provisions of this subsection shall have exhausted any

administrative or other remedies that may be provided at law. Such

proceedings shall be heard and determined by a court of three judges

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§ 9012

in accordance with the provisions of section 2284 of title 28, United

States Code, and any appeal shall lie to the Supreme Court.

§ 9012. Criminal penalties

(a) Excess expenses.

(1) It shall be unlawful for an eligible candidate of a political

party for President and Vice President in a presidential election or

any of his authorized committees knowingly and willfully to incur

qualified campaign expenses in excess of the aggregate payments

to which the eligible candidates of a major party are entitled under

section 9004 with respect to such election. It shall be unlawful for

the national committee of a major party or minor party knowingly

and willfully to incur expenses with respect to a presidential nomi-

nating convention in excess of the expenditure limitation applicable

with respect to such committee under section 9008(d), unless the

incurring of such expenses is authorized by the Commission under

section 9008(d)(3).

(2) Any person who violates paragraph (1) shall be fined not

more than $5,000, or imprisoned not more that one year, or both. In

the case of a violation by an authorized committee, any officer or

member of such committee who knowingly and willfully consents

to such violation shall be fined not more than $5,000, or imprisoned

not more than one year, or both.

(b) Contributions.

(1) It shall be unlawful for an eligible candidate of a major

party in a presidential election or any of his authorized committees

knowingly and willfully to accept any contribution to defray qualified

campaign expenses, except to the extent necessary to make up any

deficiency in payments received out of the fund on account of the

application of section 9006(c), or to defray expenses which would

be qualified campaign expenses but for subparagraph (C) of section

9002(l1).

(2) It shall be unlawful for an eligible candidate of a political

party (other than a major party) in a presidential election or any of his

authorized committees knowingly and willfully to accept and expend

or retain contributions to defray qualified campaign expenses in an

amount which exceeds the qualified campaign expenses incurred with

respect to such election by such eligible candidate and his authorized

committees.

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§ 9012

(3) Any person who violates paragraph (1) or (2) shall be

fined not more than $5,000, or imprisoned not more than one year,

or both. In the case of a violation by an authorized committee, any

officer or member of such committee who knowingly and willfully

consents to such violation shall be fined not more than $5,000, or

imprisoned not more than one year, or both.

(1) It shall be unlawful for any person who receives any pay-

ment under section 9006, or to whom any portion of any payment

received under such section is transferred, knowingly and willfully

to use, or authorize the use of, such payment or such portion for any

purpose other than—

(A) to defray the qualified campaign expenses with respect

to which such payment was made, or

(B) to repay loans the proceeds of which were used, or

otherwise to restore funds (other than contributions to defray

qualified campaign expenses which were received and expended)

which were used, to defray such qualified campaign expenses.

(2) It shall be unlawful for the national committee of a ma-

jor party or minor party which receives any payment under section

9008(b)(3) to use, or authorize the use of, such payment for any

purpose other than a purpose authorized by section 9008(c).

(3) Any person who violates paragraph (1) shall be fined

not more than $10,000, or imprisoned not more than five years, or

both.

(d) False statements, etc.

(1) It shall be unlawful for any person knowingly and will-

fully—

(A) to furnish any false, fictitious, or fraudulent evidence,

books, or information to the Commission under this subtitle, or

to include in any evidence, books, or information so furnished

any misrepresentation of a material fact, or to falsify or conceal

any evidence, books, or information relevant to a certification

by the Commission or an examination and audit by the Com-

mission under this chapter; or

(B) to fail to furnish to the Commission any records,

books, or information requested by it for purposes of this chap-

ter.

(2) Any person who violates paragraph (1) shall be fined

not more than $10,000, or imprisoned not more than five years, or

both.

(e) Kickbacks and illegal payments.

(1) It shall be unlawful for any person knowingly and willfully

to give or accept any kickback or any illegal payment in connection

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§ 9012

with any qualified campaign expense of eligible candidates or their

authorized committees. It shall be unlawful for the national committee

of a major party or minor party knowingly and willfully to give or

accept any kickback or any illegal payment in connection with any

expense incurred by such committee with respect to a presidential

nominating convention.

(2) Any person who violates paragraph (1) shall be fined

not more than $10,000, or imprisoned not more than five years, or

both.

(3) In addition to the penalty provided by paragraph (2), any

person who accepts any kickback or illegal payment in connection

with any qualified campaign expense of eligible candidates or their

authorized committees, or in connection with any expense incurred by

the national committee of a major party or minor party with respect

to a presidential nominating convention shall pay to the Secretary

of the Treasury, for deposit in the general fund of the Treasury, an

amount equal to 125 percent of the kickback or payment received.

(f) Unauthorized expenditures and contributions.

(1) Except as provided in paragraph (2), it shall be unlawful

for any political committee which is not an authorized committee

with respect to the eligible candidates of a political party for President

and Vice President in a presidential election knowingly and willfully

to incur expenditures to further the election of such candidates,

which would constitute qualified campaign expenses if incurred by

an authorized committee of such candidates, in an aggregate amount

exceeding $1,000.

(2) This subsection shall not apply to—

(A) expenditures by a broadcaster regulated by the Federal

Communications Commission, or by a periodical publication,

in reporting the news or in taking editorial positions, or

(B) expenditures by any organization described in sec-

tion 501(c) of this title which is exempt from tax under section

501(a) of this title in communicating to its members the views

of that organization.

(3) Any political committee which violates paragraph (1)

shall be fined not more than $5,000, and any officer or member of

such committee who knowingly and willfully consents to such viola-

tion and any other individual who knowingly and willfully violates

paragraph (1) shall be fined not more than $5,000, or imprisoned

not more than one year, or both.

The Supreme Court has held that section 9012(f) is unconstitutional on its face because it

violates First Amendment freedoms of speech and association. Federal Election Commission

v. National Conservative Political Action Committee, et al., 470 U.S. 480 (1985).

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§ 9012

(g) Unauthorized disclosure of information.

(1) It shall be unlawful for any individual to disclose any

information obtained under the provisions of this chapter except as

may be required by law.

(2) Any person who violates paragraph (1) shall be fined not

more than $5,000, or imprisoned not more than one year, or both.

§ 9013. Effective date of chapter

The provisions of this chapter shall take effect on January 1, 1973.

Chapter 96—Presidential Primary Matching Payment Account

§ 9031. Short title

This chapter may be cited as the “Presidential Primary Matching

Payment Account Act”.

§ 9032. Definitions

For the purposes of this chapter—

(1) The term “authorized committee” means, with respect to

the candidates of a political party for President and Vice President

of the United States, any political committee which is authorized in

writing by such candidates to incur expenses to further the election of

such candidates. Such authorization shall be addressed to the chairman

of such political committee, and a copy of such authorization shall

be filed by such candidates with the Commission. Any withdrawal

of any authorization shall also be in writing and shall be addressed

and filed in the same manner as the authorization.

(2) The term “candidate” means an individual who seeks

nomination for election to be President of the United States. For

purposes of this paragraph, an individual shall be considered to seek

nomination for election if he—

(A) takes the action necessary under the law of a State

to qualify himself for nomination for election,

(B) receives contributions or incurs qualified campaign

expenses, or

contributions or to incur qualified campaign expenses on his

behalf.

The term “candidate” shall not include any individual who is not

actively conducting campaigns in more than one State in connection

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§ 9032

with seeking nomination for election to be President of the United

States.

(3) The term “Commission” means the Federal Election Com-

mission established by section 437c(a)(1) of title 2.

(4) Except as provided by section 9034(a), the term

“contribution”—

(A) means a gift, subscription, loan, advance, or deposit

of money, or anything of value, the payment of which was

made on or after the beginning of the calendar year immedi-

ately preceding the calendar year of the presidential election

with respect to which such gift, subscription, loan, advance, or

deposit of money, or anything of value, is made, for the purpose

of influencing the result of a primary election,

(B) means a contract, promise, or agreement, whether

or not legally enforceable, to make a contribution for any such

purpose,

are transferred to that committee from another committee,

and

(D) means the payment by any person other than a can-

didate, or his authorized committee, of compensation for the

personal services of another person which are rendered to the

candidate or committee without charge, but

(E) does not include—

(i) except as provided in subparagraph (D), the

value of personal services rendered to or for the benefit of

a candidate by an individual who receives no compensa-

tion for rendering such service to or for the benefit of the

candidate, or

(ii) payments under section 9037.

(5) The term “matching payment account” means the Presi-

dential Primary Matching Payment Account established under section

9037(a).

(6) The term “matching payment period” means the period

beginning with the beginning of the calendar year in which a gen-

eral election for the office of President of the United States will be

held and ending on the date on which the national convention of the

party whose nomination a candidate seeks nominates its candidate

for the office of President of the United States, or, in the case of a

party which does not make such nomination by national convention,

ending on the earlier of—

(A) the date such party nominates its candidate for the

office of President of the United States, or

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(B) the last day of the last national convention held by

a major party during such calendar year.

(7) The term “primary election” means an election, including

a runoff election or a nominating convention or caucus held by a

political party, for the selection of delegates to a national nominating

convention of a political party, or for the expression of a preference

for the nomination of persons for election to the office of President

of the United States.

(8) The term “political committee” means any individual,

committee, association, or organization (whether or not incorporated)

which accepts contributions or incurs qualified campaign expenses for

the purpose of influencing, or attempting to influence, the nomination

of any person for election to the office of President of the United

States.

(9) The term “qualified campaign expense” means a purchase,

payment, distribution, loan, advance, deposit, or gift of money or of

anything of value—

(A) incurred by a candidate, or by his authorized com-

mittee, in connection with his campaign for nomination for

election, and

(B) neither the incurring nor payment of which constitutes

a violation of any law of the United States or of the State in

which the expense is incurred or paid.

For purposes of this paragraph, an expense is incurred by a can-

didate or by an authorized committee if it is incurred by a person

specifically authorized in writing by the candidate or committee, as

the case may be, to incur such expense on behalf of the candidate

or the committee.

(10) The term “State” means each State of the United States

and the District of Columbia.

§ 9033. Eligibility for payments

(a) Conditions. To be eligible to receive payments under section

9037, a candidate shall, in writing—

(1) agree to obtain and furnish to the Commission any evi-

dence it may request of qualified campaign expenses,

(2) agree to keep and furnish to the Commission any records,

books, and other information it may request, and

(3) agree to an audit and examination by the Commission

under section 9038 and to pay any amounts required to be paid under

such section.

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§ 9033

(b) Expense limitation; declaration of intent; minimum contribu-

tions. To be eligible to receive payments under section 9037, a candidate

shall certify to the Commission that—

(1) the candidate and his authorized committees will not incur

qualified campaign expenses in excess of the limitations on such

expenses under section 9035,

(2) the candidate is seeking nomination by a political party

for election to the office of President of the United States,

(3) the candidate has received matching contributions which

in the aggregate, exceed $5,000 in contributions from residents of

each of at least 20 States, and

(4) the aggregate of contributions certified with respect to any

person under paragraph (3) does not exceed $250.

(1) General rule. Except as provided by paragraph (2), no

payment shall be made to any individual under section 9037—

(A) if such individual ceases to be a candidate as a result

of the operation of the last sentence of section 9032(2); or

(B) more than 30 days after the date of the second con-

secutive primary election in which such individual receives less

than 10 percent of the number of votes cast for all candidates

of the same party for the same office in such primary election,

if such individual permitted or authorized the appearance of his

name on the ballot, unless such individual certifies to the Com-

mission that he will not be an active candidate in the primary

involved.

(2) Qualified campaign expenses; payments to Secretary.

Any candidate who is ineligible under paragraph (1) to receive any

payments under section 9037 shall be eligible to continue to receive

payments under section 9037 to defray qualified campaign expenses

incurred before the date upon which such candidate becomes ineli-

gible under paragraph (1).

(3) Calculation of voting percentage. For purposes of para-

graph (1)(B), if the primary elections involved are held in more than

one State on the same date, a candidate shall be treated as receiving

that percentage of the votes on such date which he received in the

primary election conducted on such date in which he received the

greatest percentage vote.

(4) Reestablishment of eligibility.

(A) In any case in which an individual is ineligible to

receive payments under section 9037 as a result of the operation

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112

§ 9033

of paragraph (1)(A), the Commission may subsequently deter-

mine that such individual is a candidate upon a finding that such

individual is actively seeking election to the office of President

of the United States in more than one State. The Commission

shall make such determination without requiring such individual

to reestablish his eligibility to receive payments under subsec-

tion (a).

(B) Notwithstanding the provisions of paragraph (1)(B),

a candidate whose payments have been terminated under para-

graph (1)(B) may again receive payments (including amounts

he would have received but for paragraph (1)(B)) if he receives

20 percent or more of the total number of votes cast for can-

didates of the same party in a primary election held after the

date on which the election was held which was the basis for

terminating payments to him.

§ 9034. Entitlement of eligible candidates to payments

(a) In general. Every candidate who is eligible to receive payments

under section 9033 is entitled to payments under section 9037 in an amount

equal to the amount of each contribution received by such candidate on or

after the beginning of the calendar year immediately preceding the calendar

year of the presidential election with respect to which such candidate is

seeking nomination, or by his authorized committees, disregarding any

amount of contributions from any person to the extent that the total of

the amounts contributed by such person on or after the beginning of such

preceding calendar year exceeds $250. For purposes of this subsection and

section 9033(b), the term “contribution” means a gift of money made by a

written instrument which identifies the person making the contribution by

full name and mailing address, but does not include a subscription, loan,

advance, or deposit of money, or anything of value or anything described

in subparagraph (B), (C), or (D) of section 9032(4).

(b) Limitations. The total amount of payments to which a candi-

date is entitled under subsection (a) shall not exceed 50 percent of the

expenditure limitation applicable under section 441a(b)(1)(A) of title 2.

§ 9035. Qualified campaign expense limitations

(a) Expenditure limitations. No candidate shall knowingly incur

qualified campaign expenses in excess of the expenditure limitation appli-

cable under section 441a(b)(1)(A) of title 2, and no candidate shall know-

ingly make expenditures from his personal funds, or the personal funds of

his immediate family, in connection with his campaign for nomination for

election to the office of President in excess of, in the aggregate, $50,000.

Page 60

Title 26. Internal Revenue Code

113

§ 9037

(b) Definition of immediate family. For purposes of this section,

the term “immediate family” means a candidate’s spouse, and any child,

parent, grandparent, brother, half-brother, sister, or half-sister of the can-

didate, and the spouses of such persons.

§ 9036. Certification by Commission

(a) Initial certifications. Not later than 10 days after a candidate

establishes his eligibility under section 9033 to receive payments under

section 9037, the Commission shall certify to the Secretary for payment

to such candidate under section 9037 payment in full of amounts to which

such candidate is entitled under section 9034. The Commission shall make

such additional certifications as may be necessary to permit candidates to

receive payments for contributions under section 9037.

(b) Finality of determinations. Initial certifications by the Com-

mission under subsection (a), and all determinations made by it under

this chapter, are final and conclusive, except to the extent that they are

subject to examination and audit by the Commission under section 9038

and judicial review under section 9041.

§ 9037. Payments to eligible candidates

(a) Establishment of account. The Secretary shall maintain in the

Presidential Election Campaign Fund established by section 9006(a), in

addition to any account which he maintains under such section, a sepa-

rate account to be known as the Presidential Primary Matching Payment

Account. The Secretary shall deposit into the matching payment account,

for use by the candidate of any political party who is eligible to receive

payments under section 9033, the amount available after the Secretary

determines that amounts for payments under section 9006(c) and for pay-

ments under section 9008(b)(3) are available for such payments.

(b) Payments from the matching payment account. Upon receipt of

a certification from the Commission under section 9036, but not before the

beginning of the matching payment period, the Secretary shall promptly

transfer the amount certified by the Commission from the matching pay-

ment account to the candidate. In making such transfers to candidates of

the same political party, the Secretary shall seek to achieve an equitable

distribution of funds available under subsection (a), and the Secretary

shall take into account, in seeking to achieve an equitable distribution,

the sequence in which such certifications are received.

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§ 9038

§ 9038. Examinations and audits; repayments

(a) Examinations and audits. After each matching payment period,

the Commission shall conduct a thorough examination and audit of the

qualified campaign expenses of every candidate and his authorized com-

mittees who received payments under section 9037.

(b) Repayments.

(1) If the Commission determines that any portion of the

payments made to a candidate from the matching payment account

was in excess of the aggregate amount of payments to which such

candidate was entitled under section 9034, it shall notify the candi-

date, and the candidate shall pay to the Secretary an amount equal

to the amount of excess payments.

(2) If the Commission determines that any amount of any

payment made to a candidate from the matching payment account

was used for any purpose other than—

(A) to defray the qualified campaign expenses with

respect to which such payment was made, or

(B) to repay loans the proceeds of which were used, or

otherwise to restore funds (other than contributions to defray

qualified campaign expenses which were received and expended)

which were used, to defray qualified campaign expenses, it shall

notify such candidate of the amount so used, and the candidate

shall pay to the Secretary an amount equal to such amount.

(3) Amounts received by a candidate from the matching pay-

ment account may be retained for the liquidation of all obligations to

pay qualified campaign expenses incurred for a period not exceeding

6 months after the end of the matching payment period. After all

obligations have been liquidated, that portion of any unexpended

balance remaining in the candidate’s accounts which bears the same

ratio to the total unexpended balance as the total amount received

from the matching payment account bears to the total of all deposits

made into the candidate’s accounts shall be promptly repaid to the

matching payment account.

under subsection (b) with respect to a matching payment period more than

3 years after the end of such period.

(d) Deposit of repayments. All payments received by the Secretary

under subsection (b) shall be deposited by him in the matching payment

account.

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Title 26. Internal Revenue Code

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§ 9039

§ 9039. Reports to Congress; regulations

(a) Reports. The Commission shall, as soon as practicable after

each matching payment period, submit a full report to the Senate and

House of Representatives setting forth—

(1) the qualified campaign expenses (shown in such detail as

the Commission determines necessary) incurred by the candidates

of each political party and their authorized committees,

(2) the amounts certified by it under section 9036 for payment

to each eligible candidate, and

(3) the amount of payments, if any, required from candidates

under section 9038, and the reasons for each payment required.

Each report submitted pursuant to this section shall be printed as a Sen-

ate document.

(b) Regulations, etc. The Commission is authorized to prescribe

rules and regulations in accordance with the provisions of subsection

(c), to conduct examinations and audits (in addition to the examinations

and audits required by section 9038(a)), to conduct investigations, and to

require the keeping and submission of any books, records, and informa-

tion, which it determines to be necessary to carry out its responsibilities

under this chapter.

(1) The Commission, before prescribing any rule or regulation

under subsection (b), shall transmit a statement with respect to such

rule or regulation to the Senate and to the House of Representatives,

in accordance with the provisions of this subsection. Such statement

shall set forth the proposed rule or regulation and shall contain a

detailed explanation and justification of such rule or regulation.

(2) If either such House does not, through appropriation ac-

tion, disapprove the proposed rule or regulation set forth in such

statement no later than 30 legislative days after receipt of such state-

ment, then the Commission may prescribe such rule or regulation.

Whenever a committee of the House of Representatives reports any

resolution relating to any such rule or regulation, it is at any time

thereafter in order (even though a previous motion to the same ef-

fect has been disagreed to) to move to proceed to the consideration

of the resolution. The motion is highly privileged and is not debat-

able. An amendment to the motion is not in order, and it is not in

order to move to reconsider the vote by which the motion is agreed

These reports are no longer required. See House Document No. 103-7, cited at Note, 31

U.S.C. §1113 and Pub. L. No. 104-66.

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§ 9039

to or disagreed to. The Commission may not prescribe any rule or

regulation which is disapproved by either such House under this

paragraph.

(3) For purposes of this subsection, the term “legislative

days” does not include any calendar day on which both Houses of

the Congress are not in session.

(4) For purposes of this subsection, the term “rule or regula-

tion” means a provision or series of interrelated provisions stating

a single separable rule of law.

§ 9040. Participation by Commission in judicial proceedings

(a) Appearance by counsel. The Commission is authorized to ap-

pear 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 ex-

amination and audit made pursuant to section 9038.

torneys 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.

§ 9041. Judicial review

(a) Review of agency action by the Commission. Any agency action

by the Commission made under the provisions of this chapter shall be

subject to review by the United States Court of Appeals for the District

of Columbia Circuit upon petition filed in such court within 30 days after

the agency action by the Commission for which review is sought.

(b) Review procedures. The provisions of chapter 7 of title 5, United

States Code, apply to judicial review of any agency action, as defined in

section 551(13) of title 5, United States Code, by the Commission.

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117

§ 9042

§ 9042. Criminal penalties

(a) Excess campaign expenses. Any person who violates the provi-

sions of section 9035 shall be fined not more than $25,000, or imprisoned

not more than 5 years, or both. Any officer or member of any political

committee who knowingly consents to any expenditure in violation of

the provisions of section 9035 shall be fined not more than $25,000, or

imprisoned not more than 5 years, or both.

(b) Unlawful use of payments.

(1) It is unlawful for any person who receives any payment

under section 9037, or to whom any portion of any such payment

is transferred, knowingly and willfully to use, or authorize the use

of, such payment or such portion for any purpose other than—

(A) to defray qualified campaign expenses, or

(B) to repay loans the proceeds of which were used, or

otherwise to restore funds (other than contributions to defray

qualified campaign expenses which were received and expended)

which were used, to defray qualified campaign expenses.

(2) Any person who violates the provisions of paragraph (1)

shall be fined not more than $10,000, or imprisoned not more than

5 years, or both.

(1) It is unlawful for any person knowingly and willfully—

(A) to furnish any false, fictitious, or fraudulent evidence,

books, or information to the Commission under this chapter, or

to include in any evidence, books, or information so furnished

any misrepresentation of a material fact, or to falsify or conceal

any evidence, books, or information relevant to a certification

by the Commission or an examination and audit by the Com-

mission under this chapter, or

(B) to fail to furnish to the Commission any records,

books, or information requested by it for purposes of this

chapter.

(2) Any person who violates the provisions of paragraph

(1) shall be fined not more than $10,000, or imprisoned not more

than 5 years, or both.

(d) Kickbacks and illegal payments.

(1) It is unlawful for any person knowingly and willfully to

give or accept any kickback or any illegal payment in connection

with any qualified campaign expense of a candidate, or his authorized

committees, who receives payments under section 9037.

Page 65

(2) Any person who violates the provisions of paragraph

(1) shall be fined not more than $10,000, or imprisoned not more

than 5 years, or both.

(3) In addition to the penalty provided by paragraph (2), any

person who accepts any kickback or illegal payment in connection

with any qualified campaign expense of a candidate or his authorized

committees shall pay to the Secretary for deposit in the matching

payment account, an amount equal to 125 percent of the kickback

or payment received.

§ 9039

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Federal Election Campaign Laws

Page 66

APPENDIX

This appendix includes excerpts from Federal election statutes in titles

18, 26, 28, 36 and 47, United States Code, over which the Commission

has no jurisdiction. The appendix does not include the extensive provisions

of the Ethics in Government Act of 1978, as amended, 5 U.S.C. appx. 6,

§§ 101–111, which require candidates for Federal office to file personal

financial disclosure statements.

TITLE 18. CRIMES AND CRIMINAL PROCEDURE

Chapter 29—Elections and Political Activities

§ 594. Intimidation of voters

Whoever intimidates, threatens, coerces, or attempts to intimidate,

threaten, or coerce, any other person for the purpose of interfering with

the right of such other person to vote or to vote as he may choose, or of

causing such other person to vote for, or not to vote for, any candidate

for the office of President, Vice President, Presidential elector, Member

of the Senate, Member of the House of Representatives, Delegate from

the District of Columbia, or Resident Commissioner, at any election held

solely or in part for the purpose of electing such candidate, shall be fined

under this title or imprisoned not more than one year, or both.

§ 595. Interference by administrative employees of Federal, State,

or Territorial Governments

Whoever, being a person employed in any administrative position

by the United States, or by any department or agency thereof, or by the

District of Columbia or any agency or instrumentality thereof, or by

any State, Territory, or Possession of the United States, or any political

subdivision, municipality, or agency thereof, or agency of such political

subdivision or municipality (including any corporation owned or controlled

Except for an incumbent President and Vice President, who file with the Director of the

Office of Government Ethics, candidates for President and Vice President file with the

Federal Election Commission. House candidates file with the Clerk of the U.S. House of

Representatives and Senate candidates file with the Secretary of the U.S. Senate.

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120

by any State, Territory, or Possession of the United States or by any such

political subdivision, municipality, or agency), in connection with any

activity which is financed in whole or in part by loans or grants made by

the United States, or any department or agency thereof, uses his official

authority for the purpose of interfering with, or affecting, the nomination

or the election of any candidate for the office of President, Vice Presi-

dent, Presidential elector, Member of the Senate, Member of the House

of Representatives, Delegate from the District of Columbia, or Resident

Commissioner, shall be fined under this title or imprisoned not more than

one year, or both.

This section shall not prohibit or make unlawful any act by any

officer or employee of any educational or research institution, establish-

ment, agency, or system which is supported in whole or in part by any

state or political subdivision thereof, or by the District of Columbia or

by any Territory or Possession of the United States; or by any recognized

religious, philanthropic or cultural organization.

§ 597. Expenditures to influence voting

Whoever makes or offers to make an expenditure to any person,

either to vote or withhold his vote, or to vote for or against any candi-

date; and

Whoever solicits, accepts, or receives any such expenditure in

consideration of his vote or the withholding of his vote—

Shall be fined under this title or imprisoned not more than one year,

or both; and if the violation was willful, shall be fined under this title or

imprisoned not more than two years, or both.

§ 598. Coercion by means of relief appropriations

Whoever uses any part of any appropriation made by Congress for

work relief, relief, or for increasing employment by providing loans and

grants for public-works projects, or exercises or administers any authority

conferred by any Appropriation Act for the purpose of interfering with,

restraining, or coercing any individual in the exercise of his right to vote

at any election, shall be fined under this title or imprisoned not more than

one year, or both.

§ 599. Promise of appointment by candidate

Whoever, being a candidate, directly or indirectly promises or pledges

the appointment, or the use of his influence or support for the appointment

of any person to any public or private position or employment, for the

§ 595

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121

purpose of procuring support in his candidacy shall be fined under this

title or imprisoned not more than one year, or both; and if the violation

was willful, shall be fined under this title or imprisoned not more than

two years, or both.

§ 600. Promise of employment or other benefit for political

activity

Whoever, directly or indirectly, promises any employment, position,

compensation, contract, appointment, or other benefit, provided for or

made possible in whole or in part by any Act of Congress, or any special

consideration in obtaining any such benefit, to any person as consideration,

favor, or reward for any political activity or for the support of or opposition

to any candidate or any political party in connection with any general or

special election to any political office, or in connection with any primary

election or political convention or caucus held to select candidates for

any political office, shall be fined under this title or imprisoned not more

than one year, or both.

§ 601. Deprivation of employment or other benefit for political

contribution

(a) Whoever, directly or indirectly, knowingly causes or attempts

to cause any person to make a contribution of a thing of value (including

services) for the benefit of any candidate or any political party, by means

of the denial or deprivation, or the threat of the denial or deprivation,

of—

(1) any employment, position, or work in or for any agency

or other entity of the Government of the United States, a State, or

a political subdivision of a State, or any compensation or benefit of

such employment, position, or work; or

(2) any payment or benefit of a program of the United States,

a State, or a political subdivision of a State; if such employment,

position, work, compensation, payment, or benefit is provided for

or made possible in whole or in part by an Act of Congress, shall

be fined under this title or imprisoned not more than one year, or

both.

(b) As used in this section—

(1) the term “candidate” means an individual who seeks

nomination for election, or election, to Federal, State, or local of-

fice, whether or not such individual is elected, and, for purposes of

this paragraph, an individual shall be deemed to seek nomination for

election, or election, to Federal, State, or local office, if he has—

(A) taken the action necessary under the law of a State

to qualify himself for nomination for election, or election, or

Title 18. Crimes and Criminal Procedure

§ 601

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Federal Election Campaign Laws

122

(B) received contributions or made expenditures, or has

given his consent for any other person to receive contributions

or make expenditures, with a view to bringing about his nomi-

nation for election, or election, to such office;

(2) the term “election” means—

(A) a general, special primary, or runoff election,

(B) a convention or caucus of a political party held to

nominate a candidate,

to a nominating convention of a political party,

(D) a primary election held for the expression of a pref-

erence for the nomination of persons for election to the office

of President, and

(E) the election of delegates to a constitutional convention

for proposing amendments to the Constitution of the United

States or of any State; and

(3) the term “State” means a State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, or any

territory or possession of the United States.

§ 602. Solicitation of political contributions

(a) It shall be unlawful for—

(1) a candidate for the Congress;

(2) an individual elected to or serving in the office of Senator

or Representative in, or Delegate or Resident Commissioner to, the

Congress;

(3) an officer or employee of the United States or any depart-

ment or agency thereof; or

(4) a person receiving any salary or compensation for services

from money derived from the Treasury of the United States; to know-

ingly solicit any contribution within the meaning of section 301(8)

of the Federal Election Campaign Act of 1971 [2 U.S.C. § 431(8)]

from any other such officer, employee, or person. Any person who

violates this section shall be fined under this title or imprisoned not

more than three years, or both.

(b) The prohibition in subsection (a) shall not apply to any activity

of an employee (as defined in section 7322(l) of title 5) or any individual

employed in or under the United States Postal Service or the Postal Rate

Commission, unless that activity is prohibited by section 7323 or 7324

of such title.

§ 601

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123

§ 603. Making political contributions

(a) It shall be unlawful for an officer or employee of the United

States or any department or agency thereof, or a person receiving any sal-

ary or compensation for services from money derived from the Treasury

of the United States, to make any contribution within the meaning of

section 301(8) of the Federal Election Campaign Act of 1971 [2 U.S.C.

§ 431(8)] to any other such officer, employee or person or to any Sena-

tor or Representative in, or Delegate or Resident Commissioner to, the

Congress, if the person receiving such contribution is the employer or

employing authority of the person making the contribution. Any person

who violates this section shall be fined under this title or imprisoned not

more than three years, or both.

(b) For purposes of this section, a contribution to an authorized

committee as defined in section 302(e)(1) of the Federal Election Campaign

Act of 1971 [2 U.S.C. § 432(e)(1)] shall be considered a contribution to

the individual who has authorized such committee.

of an employee (as defined in section 7322(l) of title 5) or any individual

employed in or under the United States Postal Service or the Postal Rate

Commission, unless that activity is prohibited by section 7323 or 7324

of such title.

§ 604. Solicitation from persons on relief

Whoever solicits or receives or is in any manner concerned in

soliciting or receiving any assessment, subscription, or contribution for

any political purpose from any person known by him to be entitled to,

or receiving compensation, employment, or other benefit provided for or

made possible by any Act of Congress appropriating funds for work relief

or relief purposes, shall be fined under this title or imprisoned not more

than one year, or both.

§ 605. Disclosure of names of persons on relief

Whoever, for political purposes, furnishes or discloses any list or

names of persons receiving compensation, employment or benefits provided

for or made possible by any Act of Congress appropriating, or authorizing

the appropriation of funds for work relief or relief purposes, to a political

candidate, committee, campaign manager, or to any person for delivery to

a political candidate, committee, or campaign manager; and

Whoever receives any such list or names for political purposes—

Shall be fined under this title or imprisoned not more than one year,

or both.

Title 18. Crimes and Criminal Procedure

§ 605