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55
§ 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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56
§ 439
1
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.
(c) Subsections (a) and (b) shall not apply with respect to any
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
1
(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;
(C) a noncampaign-related automobile expense;
(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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57
(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—
1
(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;
(C) to any other political committee (other than a com-
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
1
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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§ 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
(C) to any other political committee in any calendar
year which, in the aggregate, exceed $5,000.
(3)
1
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
1
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
59
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
(C) nothing in this section shall limit the transfer of funds
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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60
§ 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)
1
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
(C) if—
(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
1
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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61
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;
or
(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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§ 441a
(c) Increases on limits based on increases in price index.
1
(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.
(C) In the case of limitations under subsections (a)(1)(A),
(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.
1
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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63
(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
(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.
2
(A) In general. On or after the date on which a political
§ 441a
1
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.
2
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
64
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.
(C) Transfers. A committee of a political party that makes
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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65
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
1
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.
2
(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
2
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.
1
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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66
§ 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)).
(C) Increased limit. Except as provided in clause (ii),
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
67
(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.
1
(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
1
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.

Page 15
Federal Election Campaign Laws
68
§ 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.
1
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
1
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
69
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.
1
(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
(C) the limits under subsection (d) (2 U.S.C. § 441a(d))
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
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.

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§ 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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(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.
(C) Initial notification. Not later than 24 hours after a
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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§ 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

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Title 2. The Congress
73
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,
1
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
2
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
1
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.
2
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.

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§ 441b
(C) the establishment, administration, and solicita tion
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
(C) for any person soliciting an employee for a con-
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

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Title 2. The Congress
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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.
(C) This paragraph shall not prevent a membership or-
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
su